HomeMy WebLinkAboutSeptember 11, 2006 Regular
CITY OF COLUMBIA HEIGHTS
ADMINISTRA TlON
Mavor
Gmy L. Peterson
Councilmembers
Rohert A. Williams
Bruce Nawrocki
Tammera Ericson Diehm
Bruce Kelzenherg
Citv Manager
Walter R. Fells!
590 40th Avenue N .E., Columbia Heights, MN 55421-3878 (763) 706-3600 TOO (763) 706-3692
Visit GlIr Website at: lVwlV.ci.columbia-heights.mn.us
September 8, 2006
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday,
September 11,2006, 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/APPOINTMENT OF SECRETARY PRO TEM/ROLL CALL/INVOCATION
MOTION: Move to appoint Shelley Hanson as Secretary Pro Tern.
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 - none
B) Presentations - none
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 August 28, 2006, Regular City Council Meeting
MOTION: Move to approve the minutes of the August 28,2006, regular City Council meeting as
presented.
p6
2) Accept Boards and Commissions Meeting Minutes
MOTION: Move to approve the minutes of the following boards/commissions:
a) Minutes of the July 25,2006, Economic Development Authority Meeting
b) Minutes of the July 26, 2006, Park and Recreation Commission Meeting
c) Minutes of the August 2, 2006, Public Library Board of Trustees Meeting
d) Minutes of the September 6, 2006, Planning and Zoning Commission Meeting
P32
P35
P38
P40
3) Establish date for Canvassing Municipal Primary Election Returns
MOTION: Move to establish the Canvass ofthe 2006 Primary Election results for Wednesday,
September 13,2006 beginning at 5:30 p.m. in the City Council Chambers.
P76
City Council Agenda
September II, 2006
Page 2 of6
4) Authorize School Liaison Officer Contract with School District #13 for 2006-2007 PP77
MOTION: Move to authorize the Mayor and Police Chief to enter into ajoint powers agreement
with School District #13 for the provision of a police school liaison officer as stipulated in the joint
powers agreement for the period of September 5,2006, through June 7, 2007.
5) Authorize Change Order No.1 for the Huset Parkway Street, Utility, and Landscaping Proiect No. P93
0404
MOTION: Move to authorize Change Order No.1 for additional site grading, miscellaneous utility
work, temporary paving and street patches, additional 10 foot bituminous trails, stone wall
construction and site landscaping to the Huset Parkway Improvements, City Project 0404 to
Frattalone Companies in the amount of $249,720.03 to be funded out of an LCA Grant
($122,769.23), the PIR Fund, or Assessments ($56,331.00), the City State Aid ($66,519.80), Water
Fund ($3,020.00), and the Storm Sewer Fund ($1,080.00).
6) Adopt Resolution No. 2006-139, being a Resolution to approve a 5-foot Side Yard Setback Variance
and a 17.5-foot Comer Side Yard Setback Variance for a Deck Located at 3900 Main Street P102
MOTION: Move to waive the reading of Resolution 2006-138, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-139, approving the 5-foot side yard setback variance
and the 17.5-foot comer side yard setback variance for the construction of a new deck at 3900 Main
Street, subject to the conditions stated in the resolution.
7) Establish Work Session meeting date for Monday, September 18, 2006 -7:00 p.m. Pl16
MOTION: Move to schedule a City Council work session for Monday, September 18,2006
beginning at 7:00 p.m. in the Council Chambers.
8) Set Budget Work Session Meeting Dates to Review the 2007 Budget Pl17
MOTION: Move to set budget work session meeting dates to review the 2006 budget as listed.
9) Adopt Resolution No. 2006-134, being a Resolution supporting MnDOT consideration of a cost P 118
sharing municipal agreement for street rehabilitation of the University Service Drive on T.H. 47
south of 45th Avenue
MOTION: Move to waive the reading of Resolution No. 2006-134, there being ample copies
available to the public.
MOTION: Move to approve and adopt Resolution No. 2006-134 supporting MnDOT consideration
of a cost sharing Municipal Agreement for the street rehabilitation of the University Service Drive
on T.H. 47, south of 45th Avenue.
10) Re-Issue Rental Housing License at 4653 Pierce Street N.E. P 120
MOTION: Move to issue a rental housing license to Richard Meissner to operate the rental property
located at 4643 Pierce Street N.E. in that the provisions ofthe residential maintenance code have
been complied with.
11) Re-Issue Rental Housing License at 1100-02 39th Avenue NE P121
MOTION: Move to issue a rental housing license to Steve Efterfeld to operate the rental property
located at 1100-02 39th Avenue NE in that the provisions of the residential maintenance code have
been complied with.
12) Approve the Items Listed for Rental Housing License Applications P 122
MOTION: Move to approve the items listed for rental housing license applications for September
11, 2006.
City Council Agenda
September II, 2006
Page 3 of6
13) Approve Business License Applications P 1 24
MOTION: Move to approve the items as listed on the business license agenda for September 11,
2006, as presented.
14) Approve Payment of Bills P 1 26
MOTION: Move to approve payment of the bills out ofthe proper funds as listed in the attached
check register covering Check Number 118419 through 118548 in the amount of$I,691,022.12.
6. PUBLIC HEARINGS
A) First Reading of Ordinance No. 1512, being an Ordinance changing the street name for sections of 39th P134
Avenue and Jefferson Street to Huset Parkway and Madison Place to Jefferson Street
MOTION: Move to waive the reading of Ordinance No. 1512, there being ample copies available to the
public.
MOTION: Move to establish a second reading of Ordinance No. 1512, being an Ordinance changing
the street name of 39th Avenue from 5th Street to Jefferson Street and Jefferson Street from 39th Avenue
to 40th Avenue to Huset Parkway and changing the street name of Madison Place to Jefferson Street for
October 9,2006, at approximately 7:00 p.m. in the Council Chamber.
B) First Reading of Ordinance 1513, being an Ordinance Pertaining to Tobacco regulations P137
MOTION: Move to waive the reading of Ordinance No. 1513 there being ample copies available to the
public.
MOTION: Move to establish the second reading of Ordinance No. 1513, being an ordinance amending
Chapter 5, Sections 5.306, 5.307 and 5.308 of the City Code of the City of Columbia Heights pertaining
to tobacco regulations, for September 25,2006 at approximately 7:00 p.m. in the City Council
Chambers.
C) Adopt Resolution No. 2006-135, Declaring Property at 8255012 Avenue N.E. a Nuisance and P14l
Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-135, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-135, being a resolution ofthe City Council of the City of
Columbia Heights declaring the property at 825 50 12 Avenue N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
D) Adopt Resolution No. 2006-144, Declaring Property at 2348 45th Avenue a Nuisance and Approving P14S
Abatement of Violations
MOTION: Move to waive the reading of Resolution No. 2006-144, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-144, a resolution of the City Council of the City of
Columbia Heights declaring the property at 2348 45th Avenue N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
E) Adopt Resolution No. 2006-145, Declaring Property at 4017 6th Street a Nuisance and Approving P 148
Abatement of Violations
MOTION: Move to waive the reading of Resolution No. 2006-145, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-2006-145, a resolution ofthe City Council ofthe City of
Columbia Heights declaring the property at 4017 6th Street N.E. a nuisance and approving the abatement
of violations from the property pursuant to City Code section 8.206.
City Council Agenda
September II, 2006
Page 4 of 6
F) Adopt Resolution No. 2006-146, Declaring Property at 4231 6th Street a Nuisance and Approving
Abatement of Violations
MOTION: Move to waive the reading of Resolution No. 2006-146, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-146, a resolution ofthe City Council ofthe City of
Columbia Heights declaring the property at 4231 6th Street N.E. a nuisance and approving the abatement
of violations from the property pursuant to City Code section 8.206.
P151
G) Adopt Resolution No. 2006-147, Declaring Property at 4236 Polk Street a Nuisance and Approving P154
Abatement of Violations
MOTION: Move to waive the reading of Resolution No. 2006-147, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-147, a resolution of the City Council ofthe City of
Columbia Heights declaring the property at 4236 Polk Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206
H) Adopt Resolution No. 2006-148, Declaring Property at 4349 7th Street a Nuisance and Approving P157
Abatement of Violations
MOTION: Move to waive the reading of Resolution No. 20206-148, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-148, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4349 ih Street N.E. a nuisance and approving the abatement
of violations from the property pursuant to City Code section 8.206.
I) Adopt Resolution No. 2006-149, Declaring Property at 4501 5th Street a Nuisance and Approving P160
Abatement of Violations
MOTION: Move to waive the reading of Resolution No. 2006-149, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-149, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4501 5th Street N.E. a nuisance and approving the abatement
of violations from the property pursuant to City Code section 8.206.
J) Adopt Resolution No. 2006-150, Declaring Property at 4536 6th Street a Nuisance and Approving P163
Abatement of Violations
MOTION: Move to waive the reading of Resolution No. 2006-150, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-150, a resolution of the City Council ofthe City of
Columbia Heights declaring the property at 4536 6th Street N.E. a nuisance and approving the abatement
of violations from the property pursuant to City Code section 8.206.
K) Adopt Resolution No. 2006-151, Declaring Property at 5011 5th Street a Nuisance and Approving P166
Abatement of Violations
MOTION: Move to waive the reading of Resolution No. 206-151, there being ample copies available to
the public.
MOTION: Move to adopt Resolution No. 2006-151, a resolution ofthe City Council of the City of
Columbia Heights declaring the property at 5011 5th Street N.E. a nuisance and approving the abatement
of violations from the property pursuant to City Code section 8.206.
L) Adopt Resolution No. 2006-152, Declaring Property at 4538 5th Street a Nuisance and Approving P169
Abatement of Violations
City Council Agenda
September II, 2006
Page 5 of 6
MOTION: Move to waive the reading of Resolution No. 2006-152, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-152, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4538 5th Street N.E. a nuisance and approving the abatement
of violations from the property pursuant to City Code section 8.206.
M) Adopt Resolution No. 2006-140, Approving Rental Housing License Revocation at 1207-09 Circle
Terrace Blvd.
MOTION: Move to waive the reading of Resolution No. 2006-140, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-140, 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 Deer Meadow Holdings regarding rental property at 1207-09
Circle Terrace Blvd. N.E.
N) Adopt Resolution No. 2006-141, Approving Rental Housing License Revocation at 1340 Pierce Terrace
MOTION: Move to waive the reading of Resolution No. 2006-141, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-141, Resolution of the City Council of the City of
Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section
5AA08(A) of the rental license held by Corwin Spears regarding rental property at 1340 Pierce Terrace
N.E.
0) Adopt Resolution No. 2006-142, Approving Rental Housing License Revocation at 3935 Polk St.
MOTION: Move to waive the reading of Resolution No. 2006-142, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-142, Resolution of the City Council of the City of
Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section
5AA08(A) ofthe rental license held by Oscar Curtis regarding rental property at 3935 Polk Street N.E.
P) Adopt Resolution No. 2006-143, Approving Rental Housing License Revocation at 4258 2nd Street
MOTION: Move to waive the reading of Resolution No. 2006-143, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-143, Resolution ofthe City Council of the City of
Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section
5AA08(A) ofthe rental license held by Inez Muirana regarding rental property at 4258 2nd Street N.E.
7. ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
1) Adopt Resolution 2006-133, Adopting a Proposed Budget for the Year 2007, Setting the Proposed
City Levy, Approving the HRA Levy, Approving a Tax Rate Increase, and Establishing a Budget
Hearing Date for Property Taxes Payable in 2007
MOTION: Move to waive the reading of the resolution, there being ample copies available for the
public.
MOTION: Move to adopt Resolution 2006-133 being a resolution adopting a proposed budget,
setting the General, Library, and EDA proposed levy at $6,570,613, establishing a budget hearing
date for property taxes payable in 2007 for December 4, 2006 at 7:00 p.m. in the City Council
Chambers, approving a tax rate increase, and approving the HRA levy of $176,330.
P172
P175
P178
P181
P184
City Council Agenda
September II, 2006
Page 6 of6
ALTERNATE MOTION: Move to adopt Resolution 2006-133 being a resolution adopting a
proposed budget, setting the General, Library and EDA proposed levy at $6,570,613, establishing a
budget hearing date for property taxes payable in 2007 for December 4, 2006 at 7:00 p.m. in the City
Council Chambers, approving a tax rate increase, and approving the HRA levy of$176,330.
2) Adopt Resolution No. 2006-137, being a Resolution to approve a Conditional Use Permit for P189
Outdoor Storage at 4849 Central Avenue
MOTION: Move to waive the reading of Resolution 2006-137, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-137, permitting outdoor storage for the business
located at 4849 Central Avenue, subject to the conditions stated in the resolution.
3) Adopt Resolution No. 2006-138, being a Resolution to approve a Conditional Use Permit for P207
Outdoor Storage at 5101 University Avenue
MOTION: Move to waive the reading of Resolution 2006-138, there being ample copies available to
the public.
MOTION: Move to adopt Resolution No. 2006-138, permitting outdoor storage for the business
located at 5101 University Avenue, subject to the conditions stated in the resolution.
4) Adopt Resolutions 2006-153, 154, 155, and 156 for the Denial of Site Plan Approval and Variances
for property at 4900 Central Avenue and 4910 Central Avenue. P 2 2 2
MOTION: Move to waive the reading of Resolution 2006-153, and Resolution 2006-154, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-153 and 2006-154, DENYING the site plan and
associated variances for the property located at 4900 Central A venue, for the reasons stated in the
Resolutions.
MOTION: Move to waive the reading of Resolution 2006-155, and Resolution 2006-156, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-155 and 2006-156, DENYING the site plan and
associated variances for the property located at 4910 Central Avenue, for the reasons stated in the
Resolutions.
B) Bid Considerations -None
C) Other Business - None
8. ADMINISTRATIVE REPORTS
A) Report of the City Manager
B) Report of the City Attorney
9. CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes.)
10. COUNCIL CORNER
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
AUGUST 28,2006
IHESE i\1lt'JUTES HAVE
1m .BEEN AeERO.YfL).
E- A- \
CALL TO ORDER/ROLL CALL/INVOCATION
The meeting was called to order by Mayor Gary Peterson at 7:00 p.m.
Present: Mayor Peterson, Councilmember Williams (tardy), Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
The invocation was given by City Manager Wait Fehst.
PLEDGE OF ALLEGIANCE - recited
ADDITIONSillELETIONS TO MEETING AGENDA
Nawrocki requested the budget be presented along with recent actions of the EDA: purchase ofthe Mady's
property on Central Avenue and purchase of part of the old Apache theater property for a liquor store. Peterson
stated that the City Manager would cover the budget and levy under his report and suggested he cover the
purchases under his report also.
Mayor Peterson added Columbia Heights Athletic Boosters Club and a thank you letter from the Recreation
Department under recognition.
PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
Recognition
Peterson read a letter from the Recreation Department thanking various groups for their support.
He listed funds donated by the Columbia Heights Boosters Club from their operations. These members
are all volunteers. He also listed items donated to community groups and youth groups. Peterson stated
his pride in this group and all of our organizations that donate to our city. Nawrocki stated that the VFW
also donates thousands of dollars to various groups. We should also thank the taxpayers that provide
services for our recreation program.
CONSENT AGENDA
Walt Fehst, City Manager, took Councilmembers through the consent agenda.
1) Approve City Council Meeting Minutes for August 14, 2006, Regular City Council Meeting
Motion to approve the minutes of the August 14, 2006, regular City Council meeting as presented.
2) Accept Planning and Zoning Commission Meeting Minutes of August 8, 2006
Nawrocki stated that their meeting started with the City Planner lecturing the commission members
on their responsibilities. He referred to the comprehensive plan and design guidelines discussion.
Nawrocki stated that there are discrepancies in the way we treat people with planning applications in
this city. The Taco Bell group asked for a parking and sign variance. Those variances were given to
Sarna's Bar and Grill.
Motion to approve the minutes of the Planning and Zoning Commission meeting of August 8, 2006
3) Establish Date for Public Special Assessment Levy Hearing for Three Proiects: Huset Parkway, Zone
7B and lA of the Street Rehabilitation Program, and Zone lA Seal Coat Program for Monday,
October 2, 2006, at 6:00 p.m. in the Council Chambers.
Nawrocki asked if this is for all the work done this summer. Kevin Hanson, Public Works Director,
stated that it was. P.6
City Council Minutes
August 28, 2006
Page 2 of 26
Motion to establish Monday, October 2,2006, at 6:00 p.m. as the Public Special Assessment Levy
Hearing for City Project #0404 Huset Parkway Project, to be held in the City Council Chamber.
Motion to establish Monday, October 2, 2006, at 6:30 p.m. as the Public Special Assessment Levy
Hearing for City Project #0601 Seal Coat Project, to be held in the City Council Chamber.
Motion to establish Monday, October 2, 2006, at 7:00 p.m. as the Public Special Assessment Levy
Hearing for City Project #0502, Zone 7B and 1A Street Rehabilitation, to be held in the City Council
Chamber.
4) Re-Issue Rental Housing License to Craig A. Wilson at 1153-55 Cheery Lane N.E.
Motion to issue a rental housing license to Craig A. Wilson to operate the rental
property located at 1153-55 Cheery Lane N.E. in that the provisions of the residential maintenance
code have been complied with.
5) Approve the Items Listed for Rental Housing License Applications for August 28, 2006
Motion to approve the items listed for rental housing license applications for August 28, 2006.
6) Approve Business License Applications for August 28, 2006
Motion to approve the items as listed on the business license agenda for August 28, 2006, as
presented.
7) Approve Payment of Bills Covering Check Number 118238 through 118418 in the amount of
$1,219,831.92.
Motion to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Number 118238 through 118418 in the amount of $1 ,219,831.92.
Motion by Nawrocki, seconded by Diehm, to approve the Consent Agenda items as presented. Upon
vote: All ayes. Motion carried.
PUBLIC HEARINGS
A) Adopt Resolution No. 2006-115. Approving Rental Housing License Revocation at 1100 39th Avenue
N.E.
Fire Chief Gary Gorman stated there is one violation left from the inspection.
Mayor Peterson asked ifthere was anyone present to represent this property. There was not.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-115, there being ample copies available to the public. Upon vote: All Ayes.
Motion carried.
Motion by Kelzenberg, seconded by Diehm, to adopt Resolution No. 2006-115, Resolution of the City
Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5AA08(A) of the rental license held by Steven Efterfeld regarding rental property at
1100 39th Avenue N.E. Upon vote: All Ayes. Motion carried.
RESOLUTION 2006-115
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter
SA, Article IV, Section SAA08(A) of that certain residential rental license held by Steven Efterfeld (Hereinafter
"License Holder").
P.7
City Council Minutes
August 28, 2006
Page 3 of 26
Whereas, license holder is the legal owner of the real property located at 1100-02 39th Avenue N.E., Columbia
Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes
and reasons for the proposed Council action contained herein was given to the License Holder on August 3,2006 of an
public hearing to be held on August 28, 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 June 28, 2006, inspectors for the City of Columbia Heights, inspected the property described above and
noted three 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 August 3, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted one
violation remained uncorrected. A statement of cause was mailed via mail to the owner at the address listed on the
rental housing license application.
3. That on August 18, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the
property and noted one violation 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 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;
i. Shall have a licensed electrician provide an electrical outlet for the dryer, the dry must plug directly
into the outlet.
S. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice
of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F780S 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. Adopt Resolution No. 2006-116, Approving Rental Housing License Revocation at 4228 Sth Street N.E.
Gorman stated this was for two violations and their license application has not been submitted. We
believe the property is vacant. Nawrocki indicated there are weeds and tall grass in the back yard.
Mayor Peterson asked if there was anyone present to represent this property. There was not.
Motion by Diehm, seconded by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-116, there being ample copies available to the public. Upon vote: All Ayes.
Motion carried.
Motion by Diehm, seconded by Williams, to adopt Resolution No. 2006-116, Resolution of the City
Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA,
Article IV, Section SA.408(A) of the rental license held by Robert Barron regarding rental property at
4228 Sth Street N.E. Upon vote: All Ayes. Motion carried.
RESOLUTION 2006-116
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA,
Article IV, Section SAA08(A) of that certain residential rental license held by Robert Barron (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4228 Sth Street N.E., Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article nT Section SAA08(B), written notice setting forth the causes and
reasons for the proposed Council action contained her1.8.vas given to the License Holder on July 26, 2006 of an public
City Council Minutes
August 28, 2006
Page 4 of 26
hearing to be held on August 28,2006.
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 June 21, 2006, inspectors for the City of Columbia Heights, inspected the property described above and
noted one violation. 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 July 26, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted one violation
remained uncorrected. A statement of cause was mailed via mail to the owner at the address listed on the rental housing
license application.
3. That on August 22, 2006, inspectors for the City of Columbia Heights, performed a fmal inspection at the property
and noted one violation 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 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;
i. Shall remove stump on north side of property
near the alley. Must be ground down to 6 inches below grade and then filled in.
ii. Failure to submit a rental license application for annual renewal.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice
of this hearing according to the provisions of the City Code, Chapter 5A, Article III 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 F7402 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. Adopt Resolution No. 2006-117, Approving Rental Housing License Revocation at 4600 Polk Street
N.E.
Gorman stated that the owner failed to submit the license application.
Mayor Peterson asked if there was anyone present to represent this property. There was not.
Motion by Williams, seconded by Ke1zenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-117, there being ample copies available to the public. Upon vote: All Ayes.
Motion carried.
Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-117, Resolution ofthe
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 Mark Lee regarding rental property at 4600
Polk Street N.E. Upon vote: All Ayes. Motion carried.
RESOLUTION 2006-117
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5A.408(A) of that certain residential rental license held by Mark Lee (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4600 Polk 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 August 8, 2006 of an public
hearing to be held on August 28, 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 P.9
City Council Minutes
August 28, 2006
Page 5 of 26
1. That on June 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 August 8, 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 F7306 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.
D. Adopt Resolution No. 2006-118, Approving Rental Housing License Revocation at 4612 Polk Street
N.E.
Gorman stated this is for failure to submit an application and that we have received notice that the owner
wants to sell the property. Nawrocki asked why we require a license if they do not rent the property.
Gorman stated that we require the information for our records. Diehm asked if owners are informed that
ifthe license lapses that property would be required to conform to code if they wish to re-license.
Gorman stated they are informed of that.
Mayor Peterson asked if there was anyone present to represent this property. There was not.
Motion by Diehm, seconded by Williams, to close the public hearing and to waive the reading of
Resolution No. 2006-118, there being ample copies available to the public. Upon vote: All Ayes.
Motion carried.
Motion by Williams, seconded by Diehm, to adopt Resolution No. 2006-118, Resolution of the 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 Marilyn Dalseth regarding rental property at
4612 Polk Street N.E. Upon vote: All Ayes. Motion carried.
RESOLUTION 2006-118
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5A.408(A) of that certain residential rental license held by Marilyn Dalseth (Hereinafter "License
Holder").
Whereas, license holder is the legal owner of the real property located at 4612 Polk Street NE, Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the cause s and
reasons for the proposed Council action contained herein was given to the License Holder on August 8, 2006 of an public
hearing to be held on August 28,2006.
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 June 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 August 8, 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 tp 1 dperty, failure to submit the application and the fees.
4. That all parties, including the License Holder and -~-J Jccupants or tenants, have been given the appropriate notice of
City Council Minutes
August 28, 2006
Page 6 of 26
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 F7l96A 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.
E. Adopt Resolution No. 2006-119, Approving Rental Housing License Revocation at 4625 Tyler Street
N.E.
Gorman stated that this property has damaged fence, outside storage and graffiti. Williams asked if the
graffiti has been removed as it is really bad. Gorman stated it has not.
Greg Tyklen, 4625 Tyler, Unit #5 stated that occupants of this and the next property on the agenda are
not able to reach the owner. He asked the process for the residents. Gorman stated that residents will
receive a letter allowing them 60 days before vacation of the property is required. After that time the
tenants and owner can be cited for occupying unlicensed property. This has never been done as we hope
the problems are taken care of before the 60 days. Tyklen stated that residents are now holding their rent
checks until the owner comes forth and fixes the problems. Peterson stated that if the owner does contact
them, that they have the owner contact the Fire Department. Diehm stated that this motivates the owners
to make the repairs so they do not lose the rent. Jim Hoeft, City Attorney, suggested residents to using
legal options.
Ushanda DeWolfun, 4625 Tyler, Unit #8, stated that she can not even live in the unit because of
problems. The Building Official has posted the unit. She indicated that little was done when her
basement flooded. The water was drained and bleach thrown on the floor, but nothing was fixed.
Gorman stated that the Building Official would not let anyone in until the building is cleaned up. She
stated that they wish to withhold their rent payments. Nawrocki stated that when you withhold rent,
there is a legal process to follow.
Motion by Nawrocki, seconded by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-119, there being ample copies available to the public. Upon vote: Ail ayes. Motion
carried.
Motion by Nawrocki, seconded by Williams, to adopt Resolution No. 2006-119, 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 Salah Farghaly regarding rental property at
4625 Tyler Street N.E. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-119
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 Salah Farghaly (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4625 Tyler Street N.E., 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 August 1, 2006 of an public
hearing to be held on August 28, 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 June 29, 2006, inspectors for the City of P.ll1bia Heights, inspected the property described above and noted
City Council Minutes
August 28, 2006
Page 7 of 26
four 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 August 1, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted three violations
remained uncorrected. A statement of cause was mailed via mail to the owner at the address listed on the rental housing
license application.
3. That on August 22, 2006, inspectors for the City of Columbia Heights, performed a fmal inspection at the property and
noted three 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 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;
i. Shall repair the cyclone fence where it is damaged.
ii. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT
LIMITED TO; FAN
1lI. Shall remove graffiti from the building.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article III 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 F7692 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.
F. Adopt Resolution No. 2006-120, Approving Rental Housing License Revocation at 4633 Tyler Street
N.E.
Gorman stated this is the same owner as the previous property, with interior violations regarding water.
He stated that it is not our intention to push renters out of their building, but if the owner does not repair
the building it is the only choice. We just want the buildings fixed so people have a decent place to live.
Diehm asked if we had contact with the owner. John Larkin, Assistant Fire Chief, stated that we will
continue to attempt to contact him, but our mailings are being returned.
Ernestine Spencer, 4633 Tyler, Unit #3, stated there is nothing wrong with her apartment, but no one is
collecting their rent. Peterson stated the hope that these revocation proceedings will inspire the owner to
make the necessary repairs. Gorman stated that residents can contact them for phone numbers for their
legal rights.
Angelic Lloyd, Unit #2, stated her unit has the water leakage. She asked the owner for information
showing that he owned the property. He produced a lease that did not look right. Following that he no
longer came to the unit. There is flooding from one apartment to the next. She felt the owner would not
fix the problems.
Nawrocki asked the City Attorney if a lease is required when there are a certain number oftenants.
Hoeft stated he would not give legal advice to tenants, but referred to common law leases. He suggested
they contact resources of those willing to help them. Hoeft stated this is not relevant to our discussion.
Nawrocki stated that there is information available on tenants rights. Gorman stated that the Fire or
Police Department have this book.
Diehm stated there is a hot line called "Home Line" for tenants. She asked if we could, as part of our
license, require that owners have a lease with their tenants. Hoeft stated that we can, but most cities do
not. Diehm stated it would be another violation if owners did not have a lease. Diehm stated that we
have a policy to reissue rental licenses, but after so many violations can we disallow further licensing.
Hoeft stated it would be possible to adjust the fee on a sliding scale to deter licensing.
P.12
City Council Minutes
August 28, 2006
Page 8 of 26
Motion by Williams, seconded by Nawrocki, to close the public hearing and to waive the reading of
Resolution No. 2006-120, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Williams, seconded by Nawrocki, to adopt Resolution No. 2006-120, Resolution ofthe 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 Salah Farghaly regarding rental property at
4633 Tyler Street N.E. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-120
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5A.408(A) of that certain residential rental license held by Salah Farghaly (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4633 Tyler Street N.E., 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 August 3, 2006 of an public
hearing to be held on August 28, 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 June 26, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted
three 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 August 3, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted three violations
remained uncorrected. A statement of cause was mailed via mail to the owner at the address listed on the rental housing
license application.
3. That on August 18,2006, inspectors for the City of Columbia Heights, performed a fmal inspection at the property and
noted three 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 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. ShaH repair the leaking toilet upstairs.
11. Shall repair the leaking bathtub upstairs.
111. Shall repair the water damaged ceiling in the kitchen.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article III 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 F7770 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.
Diehm stated that the tenants are the unintended victims, and our intention is to have the landlord have a
decent building so they have a decent place to live.
G. Adopt Resolution No. 2006-121, Declaring Property at 1611 37th Avenue NE a Nuisance and Approving
Abatement of Violations
Gorman stated this is a duplex that is vacant. There is a violation list of six outdoor items.
Mayor Peterson asked if there was anyone present to represent this property. There was not.
P.13
City Council Minutes
August 28, 2006
Page 9 of 26
Motion by Diehm, seconded by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-121, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Diehm, seconded by Kelzenberg, to adopt Resolution No. 2006-121, a resolution of the City
Council of the City of Columbia Heights declaring the property at 1611 3 7th Avenue N .E. 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 2006-12i
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 Mohamed M. Essa
(Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1611 37th 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
July 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 Makes the following
FINDINGS OF FACT
1. That on May 10, 2006, an inspection was conducted on the property listed above. Inspectors found seven violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on June 15,2006, the owner applied for and received an extension of time to complete the repairs.
3. That on July 27,2006, inspectors reinspected the property listed above. Inspectors noted the six violations remained
uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records.
4. That on August 21, 2006, inspectors reinspected the property and found that six violations remained uncorrected.
5. 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 cut the grass both front and back.
B. Shall remove brush pile.
C. Shall finish painting house and windows.
D. Shall repair all broken windows.
E. Shall repair and paint garage doors
F. Remove pile of bricks on the sidewalk going up to the steps.
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 1611 37th Avenue N.E. 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 1611 3 ih Avenue N.E. 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
H. Adopt Resolution No. 2006-122. Declaring Property at 1870 Fairway Drive N.E. a Nuisance and
Approving Abatement of Violations
Gorman stated this property abatement has six violations. We have talked to the family but the property
is in probate. They have indicated that when the property is out of probate they will sell it. We will work
with them following probate.
P.14
City Council Minutes
August 28, 2006
Page 10 of 26
Peterson stated that even though it is in probate, the neighbors still have to put up with the problems. He
asked that it be cleaned up even though it is in probate and assessed against the property.
Nawrocki stated the property looks fine from the front. Gorman stated that we do try to work with the
owners. Larkin stated that he expects a return call soon on this property. Peterson indicated they should
be told that they still need to clean up. Gorman stated that we inspect backyards also.
Mayor Peterson asked if there was anyone present to represent this property. There was not.
Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-122, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-122, a resolution of the
City Council of the City of Columbia Heights declaring the property at 1870 Fairway Drive N.E. 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 2006-122
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 Beverly Ann Schaefer
(Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1870 Fairway Drive N.E. 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
July 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 June 8, 2006, an inspection was conducted on the property listed above. Inspectors found six violations. l".
compliance order was sent via regular mail to the owner at the address.
2. That on July 20, 2006, inspectors reinspected the property listed above. Inspectors noted the six violations remained
uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records.
3. That on August 22, 2006, inspectors reinspected the property and found that six violations 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 repair the fence on the west side of the yard. Shall replace the missing sections of fence.
B. Shall remove all/any scrub growth from around the house and from around the yard.
e. Shall scrape and paint the peeling paint on the fascia and soffit.
D. Shall repair/replace/remove the lamppost in the front that is knocked over.
E. Shall maintain the pool on the property, to county and state health standards.
F. Shall remove all/any 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 1870 Fairway Drive N.E. 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 1870 Fairway Drive N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this resolution/order shall be served IF.15l11 relevant parties and parties in interest.
City Council Minutes
August 28, 2006
Page 11 of26
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
I. Adopt Resolution No. 2006-123, Declaring Property at 3946 2nd Street N.E. a Nuisance and Approving
Abatement of Violations
Gorman stated there are still four violations on this property. The owner stated his desire to tear down
and replace the garage that we have given an extension on, but this requires other items be cleaned up.
Mayor Peterson asked ifthere was anyone present to represent this property. There was not.
Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-123, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-123, a resolution of the
City Council ofthe City of Columbia Heights declaring the property at 3946 2nd Street N.E. a nuisance
and approving the abatement of violations from the property pursuant to City Code section 8.206 with
items B and C removed from the resolution. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-123
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 Keith Englund (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3946 2nd Street N.E. 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
August 3,2006.
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
l. That on June 26, 2006, an inspection was conducted on the property listed above. Inspectors found five violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on August 3,2006, inspectors reinspected the property listed above. Inspectors noted the four violations remained
uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records.
3. That on August 18,2006, inspectors reinspected the property and found that four violations 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 paint the bare wood on the shed.
B. Shall remove the scrub growth from around the 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
l. That the property located at 3946 2nd Street N.E. 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
l. The property located at 3946 2nd Street N.E. 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 accop.16e with Minnesota Statute 483.17, subd. 2
City Council Minutes
August 28, 2006
Page 12 of26
J. Adopt Resolution No. 2006-124, Declaring Property at 4141 Jefferson Street N.E. a Nuisance and
Approving Abatement of Violations
Gorman stated this is the property that had a fire in 2005. The abatement is for toppers in the back yard.
In speaking with the Building Official, he stated there was desire to rebuild the house. It is not
happening and may go into foreclosure. This is to clean up the yard.
Peterson stated that there are cars and trucks in the driveway and on the street. Is this legal if you cannot
live there? Hoeft stated it is allowed to park there if they are properly licensed and it is a hard surface
driveway. It just must meet our ordinance. The owner has received several citations that are now in
court. The police and fire departments are pursuing all avenues available to us. Nawrocki questioned
repair of vehicles on the property. Hoeft stated that cannot be done and that they have been cited for this.
Nawrocki stated there are vehicles in the back yard.
Mayor Peterson asked ifthere was anyone present to represent this property. There was not.
Motion by Nawrocki, seconded by Williams, to close the public hearing and to waive the reading of
Resolution No. 2006-124, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Nawrocki, seconded by Williams, to adopt Resolution No. 2006-124, a resolution ofthe City
Council ofthe City of Columbia Heights declaring the property at 4141 Jefferson Street N.E. 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 2006-124
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 Debra Langel (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4141 Jefferson Street N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, ..o\.rticle 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
July 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 Makes the following:
FINDINGS OF FACT
1. That on July 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 July 27,2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained
uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records.
3. That on August 21, 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; TOPPER IN BACK 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 4141 Jefferson Street N.E. 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 aSp~i-7ng to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised anI' pleted.
City Council Minutes
August 28, 2006
Page 13 of26
ORDER OF COUNCIL
1. The property located at 4141 Jefferson Street N.E. 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.
Nawrocki questioned how long they will have to clean up the back yard. Gorman stated it is a matter of
when we can get an administration search warrant, which is about a week. We would have to store the
toppers for 60 days.
K. Adopt Resolution No. 2006-125, Declaring Property at 4142 Monroe Street N.E. a Nuisance and
Approving Abatement of Violations
Gorman stated this property has five violations. A neighbor has indicated that the property is now
vacant.
Mayor Peterson asked ifthere was anyone present to represent this property. There was not.
Motion by Nawrocki, seconded by Williams, to close the public hearing and to waive the reading of
Resolution No. 2006-125, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Nawrocki, seconded by Williams, to adopt Resolution No. 2006-125, a resolution of the City
Council ofthe City of Columbia Heights declaring the property at 4142 Monroe Street N.E. 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 2006-125
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 Timothy Schleifer
(Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4142 Monroe Street N.E. Columbia Heights,
Mhl.,11esota,
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
August 3, 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 June 26, 2006, an inspection was conducted on the property listed above. Inspectors found five violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on August 3,2006, inspectors reinspected the property listed above. Inspectors noted the five violations remained
uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records.
3. That on August 18,2006, inspectors reinspected the property and found that five violations 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 repair the trim on the garage that is rotted and above the garage door.
B. Shall replace the siding corners missing on the garage.
C. Shall scrape and paint the trim on the garage.
D. Shall remove the scrub growth from around the garage and the house.
E. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT
LIMITED TO; MISCELLANOUS JUNK
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 P. 18
1. That the property located at 4142 Monroe Street N.L. '" ,n violation of the provisions of the Columbia Heights City Code
City Council Minutes
August 28, 2006
Page 14 of26
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 4142 Monroe Street N.E. 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.
L. Adopt Resolution No. 2006-126, Declaring Property at 4404 5th Street N.E. a Nuisance and Approving
Abatement of Violations
Gorman stated there is one violation; that has been an ongoing violation. Hoeft stated that in
correspondence from their attorney an extension was requested. It is the recommendation of the fire
department that the abatement go forward, with staff to work with the property owner. Nawrocki asked
why they have not done the work. Gorman stated that problems in the past were parking cars in the back
yard. Larkin stated that the letter requested an extension to the beginning of September, so he will
recheck the property next week.
Mayor Peterson asked if there was anyone present to represent this property. There was not.
Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-126, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-126, a resolution of the
City Council of the City of Columbia Heights declaring the property at 4404 5th Street N .E. 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 2006-126
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 ovvned by Michael Ryan (Hereinafter
"Owner of Record").
Whereas, the ovvner of record is the legal owner of the real property located at 4404 5th Street N.E. 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
August 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 January 12,2006, an inspection was conducted on the property listed above. Inspectors found one violation. A
compliance order was sent via regular mail to the ovvner at the address.
2. That on August 2, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained
uncorrected. A compliance order and statement of cause was mailed via mail to the ovvner listed in the property records.
3. That on August 23,2006, 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 repair the missing siding around the front window.
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 P. 19
City Council Minutes
August 28, 2006
Page 15 of26
1. That the property located at 4404 5th Street N.E. 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 4404 5th Street N.E. 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.
M. Adopt Resolution No. 2006-127, Declaring Property at 4410 Central Avenue N.E. a Nuisance and
Approving Abatement of Violations
Gorman stated this property has been brought to the City Council before. It was foreclosed on this past
spring and we have not had a response from the owner. In the inspection there was a window broken and
the property was not secured so we had a contractor board up the building. This resolution would
approve an emergency abatement and abatement of violations. Hoeft stated that this procedure is
allowed by our ordinance.
Nawrocki stated that the grass in the front has been cut. Gorman stated that the City's contractor was
cutting the property.
Mayor Peterson asked if there was anyone present to represent this property. There was not.
Motion by Kelzenberg, seconded by Nawrocki, to close the public hearing and to waive the reading of
Resolution No. 2006-127, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Kelzenberg, seconded by Nawrocki, to adopt Resolution No. 2006-127, a resolution of the
City Council of the City of Columbia Heights declaring the property at 4410 Central Avenue N.E. 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 2006-127
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 Nate and Jacqueline
Williams (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4410 Central Avenue N.E. 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
August 3, 2006, 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 June 28, 2006, 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 August 3, 2006, inspectors reinspected the property listed above. Inspectors noted the six violations remained
uncorrected. Inspectors also found that a window on the vacant structure open and accessible. The Fire Department
contacted a contractor and ordered an emergency abatement of the violation in accordance with City Code section 8.206(D).
DuAll Services responded to the Fire Department call and sealed up the open window. A compliance order and statement of
cause was mailed via mail to the owner listed in the prop 2. Orecords.
3. That on August 18,2006, inspectors reinspected thl", ~._t>erty and found that six violations remained uncorrected.
City Council Minutes
August 28, 2006
Page 16 of26
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 all/any broken windows on the house.
B. Shall repair all screens on the house.
C. Shall repair the shutters on the front of the building.
D. Shall remove all scrub growth from the property.
E. Shall repair the garage door that is broken/pushed in.
F. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT
LIMITED TO: IRON POLE NEXT TO GARAGE, ALL DEBRIS/JUNK/GARBAGE IN THE YARD.
G. The Fire Department ordered an emergency abatement of the burned out! damaged structure located at 4410 Central
A venue. The abatement consisted of securing all opening in the structure by boarding up such openings.
H. The costs of such abatement remain unpaid.
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 ofthe City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4410 Central Avenue N.E. 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 4410 Central Avenue N.E. 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.
N. Adopt Resolution No. 2006-128, Declaring Property at 5020 Washington Street N.E. a Nuisance and
Approving Abatement of Violations
Gorman stated this property has three outside violations.
Mayor Peterson asked if there was anyone present to represent this property. There was not.
Motion by Williams, seconded by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-128, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Williams, seconded by Diehm, to adopt Resolution No. 2006-128, a resolution of the City
Council of the City of Columbia Heights declaring the property at 5020 Washington Street N.E. 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 2006-128
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 Joseph Pollack (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 5020 Washington N.E. 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
July 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 Makes the following:
FINDINGS OF FACT
1. That on June 23, 2006, an inspection was conductecp' 21le property listed above. Inspectors found three violations. A
compliance order was sent via regular mail to the owner _', _..; address.
City Council Minutes
August 28, 2006
Page 17 of26
2. That on July 27,2006, inspectors reinspected the property listed above. Inspectors noted that three violations remained
uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records.
3. That on August 21,2006, inspectors reinspected the property and found that three violations 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 alVany outside storage from the property. Shall store in shed or garage. Items include, BUT NOT
LIMITED TO; GAS CANS, PILE OF WOOD, SHOWER DOOR, WOOD CHAIR.
B. Shall repair the address numbers on the structure.
C. Shall repair the driveway.
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 5020 Washington Street N.E. 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 5020 Washington Street N.E. 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.
O. Adopt Resolution No. 2006-129, Declaring Property at 3720 2 ~ Street N.E. a Nuisance and Approving
Abatement of Violations
Gorman stated that this property has three violations including fencing, an old swimming pool and
peeling paint. The owner wants to re-side the house, so he is requesting help to that end.
Diehm asked if people with in-ground pools that no longer want them can fill them in. Gorman stated
yes, but asked the owner if the liner was removed and if there are drainpipes attached. The owner stated
the liner was removed and there are no pipes. Gorman indicated that construction materials can not be
buried. A compromise was reached that the owner could fill in the pool and leave the concrete around it
for other purposes, as long as it is less than 30 inches below ground level.
Kenneth Evans, owner of the property, stated he has put in sand and will fill the rest in with dirt. The
pool was destroyed before they bought the house. He indicated that the fill he placed continues to settle.
This was a HUD property that he has done a lot of repair work on. He stated that he has problems with
the neighbors calling the police when he tries to work on the property fence on the south side. Hoeft
stated that when the order is issued, we could get the commercial contractor on the private property to
do the work or the order would allow the owner to do the work through this process. The owner stated
that if the pool is filled in, there is no need for a fence. He indicated that he did not receive a certified
letter. Hoeft stated that the notice is not required to be certified by State Statute and if the owner wants
to take the fence down, that is fine, but if it stays it must be repaired. The fire department will work with
him ifhe wants to put on siding. Gorman stated that the owner has been in contact with the department
and he gave the history of the property. We are willing to work with him, but question how long it will
take to side the home. Gorman stated that there is street construction, which has hampered some of this
work.
The owner stated he received a letter from his mortgage company that the council had approved this.
The owner stated that the department has not worked with him.
Peterson stated that we are trying to clean up our community to make it a better place to live. He asked if
there was anyone else present to speak on this property. There was not.
P.22
City Council Minutes
August 28, 2006
Page 18 of26
The owner stated that the resolution indicates that the city could choose to replace the pool in his yard.
Peterson suggested the pool be required to be removed. Nawrocki stated that the city would probably not
come in and build a pool.
Williams referred to the options to repair, replace or remove. Gorman stated that this process will now
allow him to go onto his neighbor's property to work on the fence. We can not allow him another couple
of years before he gets the work done.
Evans stated that he also cannot do the work because his street has been tom up. Nawrocki stated that
they can use the alley. Evans stated he would then have no where to park.
Larkin stated that it will have to be determined ifhe needs to go on to the neighbor's property. Evans
stated that he would have to dig postholes. Nawrocki stated that you have to stay on your property to
build and maintain fencing. Hoeft agreed. Hoeft stated that determination has not been made and if
needed it will be done. Hoeft requested to modify the resolution only requiring notification by regular
mail.
Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-129, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-129, a resolution ofthe
City Council of the City of Columbia Heights declaring the property at 3720 2-112 Street N.E. a
nuisance and approving the abatement of violations from the property pursuant to City Code section
8.206 with the inclusion that notice be sent by regular mail. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-129
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 Kenneth Evans (Hereinafter
"Owner of Record").
Whereas, the owner of record is t.~e legal owner of t..~e real property located at 3720 2-1/2 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 and regular mail to the owner of record on July 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 June 14,2006, an inspection was conducted on the property listed above. Inspectors found five violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on July 20, 2006, inspectors reinspected the property listed above. Inspectors noted that three violations remained
uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records.
3. That on August 22,2006, inspectors reinspected the property and found that three violations 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 repair/replace the broken, unattached fence around the property. Shall replace all/any missing areas of the
fence.
B. Shall repair/replace/remove the pool in the back yard that is in severe disrepair.
C. Shall scrape/paint the areas on the house where the paint is peeling.
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 37202-112 Street N.E. P. 2 3riolation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement attached hereto;
City Council Minutes
August 28, 2006
Page 19 of 26
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 3720 2-1/2 Street N.E. 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.
P. Adopt Resolution No. 2006-130, Declaring Property at 4124 5th Street N.E. a Nuisance and Approving
Abatement of Violations
Gorman stated there are two violations, which include a lot of outside storage.
Mayor Peterson asked ifthere was anyone present to represent this property. There was not.
Motion by Diehm, seconded by Williams to close the public hearing and to waive the reading of
Resolution No. 2006-130, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Diehm second by Williams, to adopt Resolution No. 2006-130, a resolution of the City
Council of the City of Columbia Heights declaring the property at 4124 5th Street N.E. 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 2006-130
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 Debra Paulson (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4124 5th Street N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting fordl t~e causes
and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on
July 20, 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 June 20, 2006, an inspection was conducted on the property listed above. Inspectors found three violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on July 26, 2006, inspectors reinspected the property listed above. Inspectors noted that two violations remained
uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records.
3. That on August 22, 2006, inspectors reinspected the property and found that two violations 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 repair/replace all the ripped out screens on the front porch.
B. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT
NOT LIMITED TO; WOOD, LADDER, GARBAGE-SOUTH SIDE OF THE GARAGE, METAL,
CHAIRS, SHOVEL, CARPET, GARBAGE, TRAMPOLINE/PARTS, PLASTIC BUCKETS, XMAS
TREE STAND, HANDRAILING
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 4124 5th Street N.E. 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 h?' 24:en duly served notice of this hearing, and any other hearings
City Council Minutes
August 28, 2006
Page 20 of 26
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 4124 5th Street N.E. 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.
5. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2.
Q. Adopt Resolution No. 2006-132, Declaring Property at 4420 3rd Street N.E. a Nuisance and Approving
Abatement of Violations
Gorman stated the violations are all on the garage.
Mayor Peterson asked ifthere was anyone present to represent this property. There was not.
Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-132, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-132, a resolution of the
City Council of the City of Columbia Heights declaring the property at 4420 3rd Street N.E. 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 2006-132
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 Noel Alcantar (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4420 3rd Street N.E. 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 maii to the owner of record on
August 3, 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 June 26, 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 August 3, 2006, inspectors reinspected the property listed above. Inspectors noted that three violations remained
uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records.
3. That on August 18,2006, inspectors reinspected the property and found that three violations 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 repair the garage service door that is damaged.
B. Shall repair the damaged garage siding, on the comers.
C. Shall scrape and paint the garage trim where needed.
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 4420 3rd Street N.E. 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 asp - 2 sng to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised ane ~ m_pleted.
City Council Minutes
August 28, 2006
Page2lof26
ORDER OF COUNCIL
1. The property located at 4420 3rd Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest.
3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest.
4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
Adopt Resolution No. 2006-131, Adopting the Fire Department Fee Schedule
Gorman stated this would establish a permanent fee schedule for items above normal duties. Gorman
described each item and explained how the fee was determined.
Nawrocki asked how much income this would generate. Gorman stated it could be about $8,000.
Nawrocki stated that the budget could then be reduced by this amount. Gorman stated it would
replace reductions in the budget. Nawrocki referred to the decision to maintain the size of the
department with the inclusion of doing inspections. Inspection of tents should be included. Gorman
stated that staffing has not changed in 25 years in the fire department and that plan reviews require
maintaining certifications, which are very expensive. The training budget is the area that needs this
funding. Nawrocki stated that a couple years ago the Manager's budget did recommend dropping
one person, but Council retained that person with the idea that the inspections could be handled as
needed. Nawrocki asked if this covers assisted living facilities. Gorman stated that we inspect Crest
View apartments. Nawrocki questioned the proposed facility for University.
Diehm stated that the question if the fire department can handle these inspections and the charges are
separate. The fees that affect residents are the fire permits, the abatement process, and it is adding
fees to commercial businesses for the use of our services.
Ken Evans, 2 'is Street, stated there is now a $10 fee for a yearly recreational fire permit. Gorman
stated that ten individual permits are allowed without a charge. Gorman stated that would allow
people that only want a few recreational fires a year to not have to pay. F ehst stated that residents
like the idea of a yearly permit. Gorman stated that most residents have no problem with this fee.
Gorman stated that these items are required to be inspected by the State and he indicated that
homeowners should not have to pay for this.
Motion by Diehm, seconded by Williams, to waive the reading of Resolution 2006-131, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, seconded by Williams, to adopt Resolution 2006-131, adopting the proposed Fire
Department Fee Schedule. Upon vote: All ayes. Motion carried.
RESOLUTION NO. 2006-131
BEING A RESOLUTION ESTABLISHING A FIRE DEPARTMENT FEE SCHEDULE
WHEREAS, the Columbia Heights Fire Department provides many services, such as contract inspections, plan reviews,
and permits; and
WHEREAS, State contracts, State Statute, and City Ordinance allows for fees to be charged for these services; and
WHEREAS, currently no fees are charged for these services; and
WHEREAS, the Columbia Heights Fire Department chooses to establish a fee schedule to reflect the costs incurred;
NOW THEREFORE BE IT RESOLVED, that the attached proposed fee schedule be adopted effective January 1, 2007.
P.26
City Council Minutes
August 28, 2006
Page 22 of 26
TYPE OF ACTIVITY AUTHORITY FEE
Recreational Fire Permit:
Daily (up to 10 per year) Chapter 8, $0.00
Annual Article IV of $10.00
Festival Bonfire City Code $100.00
Permit Bum (requires Council approval) $500.00
Motel/Hotel Inspections Inspected
Triennial inspection fee of$435.00 and a per room charge of$5 for 1-18 units, $6 for 19- SS299F.46 and annually
35 units, $7 for 36 to 100 units and $8.00 for more than 100 units. Fee includes one State contract. at 1/3 the
follow-up inspection. $225 for each additional follow-up inspection. total fee.
School Inspections: Inspected
Public Schools: Triennial inspection fee of$0.014 per square foot for each school. annually
($0.00466 per year). Includes 2 follow-up inspections. $0.00466 for each additional at 113 the
follow-up inspection above two. SS299F.47 and total fee.
Charter Schools: $100 for each building inspected. State Contract
Alternative Schools: $100 for each building inspected. $100.00
$100.00
Day Care Inspections: $50.00.
$50.00 per inspection. SS245A.151 and Includes
State contract. follow-up
inspection
s
Abatements:
Administrative fee added to the cost of the abatement. Covers cost of office staff time. Chapter 8,
Article II of City $200.00
Code
Explosives:
Operational permit required for the manufacture, storage, handling, sale or use of
any quantity of explosive material within the scope of Chapter 33 of the MN State MSFC 105.6.15 $0.00
Fire Code.
(Permits ohtained by State Fire Marshal)
Fireworks:
Outdoor fireworks displays by State certified operator. SS624.22 $50.00
Fireworks sales in existing retaii establishments. SS624.20 $0.00
Fireworks stands or tent sales. (NFP A 1124) SS624.20 $200.00
New Construction! Modifications/Fire Review: Minnesota State
Fire Code Fee
Structures:
New construction/modification fire review fee. 105.4 $45.00
Automatic Fire-Extinguishinsz Systems:
New construction/modification fire review fee. 105.7.1 $90.00
Fire Alarm and Detection Svstems and Related Equipment:
New construction/modification fire review fee. 105.7.3 $45.00
P.27
City Council Minutes
August 28, 2006
Page 23 of 26
Fire Pumps and Related Equipment:
New construction/modification fire review fee. If part of an
automatic fire-extinguishing system review no separate fee will be 105.7.4 $45.00
charged.
Standpipe Systems:
New construction/modification fire review fee. If part of an
automatic fire-extinguishing system review, no separate fee will be 105.7.11 $45.00
charged.
Spray Rooms. Dip Tanks. or Paint Booths:
New construction/modification fire review fee. 105.7.10 $45.00
LP Gas:
Exterior installations only: Plan review and inspections to be $180.00
conducted by Fire Department. 105.7.8
$90.00
Interior installations only: New construction/modification fire
review fee.
Flammable & Combustible Liquids:
New construction/modification fire review fee. 105.7.5 $90.00
Hazardous Materials:
New construction/modification fire review fee. 105.7.6 $90.00
Temporarv Membrane Structures. Tents and Canopies:
Less than 180 days: Plan review and inspections to be conducted by
Fire Department. $90.00
Under a Conditional Use Permit. 105.7.12 $45.00
Greater than 180 days: New construction/modification fire review $45.00
fee.
Bid Considerations--None
Other Business
Distribution of the 2007 City Manager's Proposed Budget and Tax Levy
Fehst stated that the budget would be discussed at the work session tomorrow night. $8,685,000 -or an
increase of $276,000 more than last year, is primarily due to the employee cost ofliving increase. With
the Library and EDA levy the budget increase would be 2.4 percent. Fehst stated that State Aid has been
reduced annually with an increase this year for the first time in several years. He recommended $70,000
in contingencies for police and fire needs. Fehst referred to the large number oflicense revocations and
abatements at this meeting, which take a large amount of staff time. This recommendation would be
presented for approval at the first meeting in September. Fehst referred to our revenue base increasing
only about one percent per year. He referred to the service level we offer regardless of diminishing State
support. The proposal is for a 3.5 percent increase.
Nawrocki referred to private industry cuts in their costs. He indicated that levy's have not been reduced
because of the loss of state aid. He referred to the tax increase last year indicated to residents at 4 to 5
percent, but some residents received a 10 percent increase. We have a lot of seniors in this community.
There are tax increases and there are assessments for road improvements. Nawrocki stated that we need
to set up some work sessions to discuss the bup. 2 8 At the work sessions he does not want the time taken
City Council Minutes
August 28, 2006
Page 24 of26
Up by power point presentations, but rather talking about expenditures and income sources. Nawrocki
stated that the document handed out is not complete. He wants to see every fund that we have; balances,
incomes, etc.
Diehm stated that we would spend much of the fall discussing the budget. She stated concern about
being more accurate and honest with what the tax amount would be. We cannot tell every citizen what
the impact will be on their property tax. The change in market value makes a difference. This year there
may be reductions in property values and their tax will go down. That would then have to be absorbed
by other property owners. We cannot tell residents what their tax will be.
Nawrocki stated that we can have a cross section of the town and what the increases would be. The
decreases will be to the higher priced home. Diehm stated they are not seeking a property tax reduction
and they are not happy their values are being reduced. We need to look at what is causing the reduction
in values. We want to maintain the quality oflife in our community.
Fehst compared other communities to inner ring suburbs and the need to maintain assessed market
values.
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst stated that our City has entered into a predevelopment agreement for part of the Apache Theater
property. The remaining portion would have 66 units of assisted living, 16 units of advanced care of senior
citizens. Our option, on the front of the property, would be to possibility build a liquor store to replace the
one next to Unique Thrift.
Nawrocki stated it would be approximately $600,000 for this purpose. Fehst stated that the EDA feels we
have been in the liquor business for a long time and if you to stay in the business, it would be best to own
rather than rent. The direction by the EDA has been to proceed.
Nawrocki referred to the claim that the current property owner will increase the rent, but it should be
negotiated and discussed compared to building a new building.
Diehm stated that we did look at detailed figures for purchase ofthe property, and what the returns would be
to the community; assuming that first our sales remain constant, or that sales increase five to ten percent, or
third that sales increase more than that. Under any of those scenarios, this was still a cost benefit to the
community as a whole. Nawrocki stated he did not agree with the figures.
Peterson referred to the need to compete with comparable businesses and the desire of the current owner for
us to move.
Fehst stated that there have been appraisals on the Mady's property and the EDA has asked to go ahead with
negotiations on the property. Nawrocki stated that they recommend beginning at $1.2 million. F ehst
questioned him giving that information. Nawrocki stated it was public information. He indicated this does
not include the cost of the Burger King site or the rental property site and indicated that we do not have a
plan for the property. We only received one proposal for housing of rental property. Fehst stated that we do
not have an offer for the property at this time. Fehst referred to historic problems at this site. He stated that
you can let the property deteriorate or let other businesses come in and fix it up.
Nawrocki referred to the work on 49th Avenue adjacent to Nedegaard's development, stating there is poor
redirection of traffic. Fehst stated that will be removed soon and a sidewalk will be placed, hopefully this
week. P. 2 9
City Council Minutes
August 28, 2006
Page 25 of 26
Williams referred to a comment from Mark Hinrich on WiFi. Fehst stated that this is being discussed. We
wish to speak to Minneapolis about having a piggyback to their contract.
Report of the City Attorney
Hoeft referred to a license approved with the name of Jim Hoeft, but it is not him.
CITIZENS FORUM
Evans, 2 12 Street, indicated concern that the sidewalk in front of his home is being replaced and asked for a
guarantee that it would not heave again. Fehst stated there is a one year guarantee, but not after that. Evans
stated that the sidewalk ends 40 feet from his house. Evans asked why Wagomen Brothers is not required to
clean up their property and the vehicles there. Fehst referred to clean up of the industrial area. Hoeft stated
that the City Planner has had contact with them and concerns are being addressed. Peterson requested more
information on this.
Ray Anderson stated she is running for State Senate and was present to observe. She passed out literature.
COUNCIL CORNER
Kelzenberg
. Read from the Green Sheet on police activities. He appreciated the consideration to work with the City
of Minneapolis.
. Had a good time at the city picnic.
Williams
. Referred to the 2nd annual Charity Golf Tournament, with an estimate of$35,000 raised. City Manager
Fehst's team won again. It will support the cancer fund, autism fund, Bloomington Public Schools and
the Columbia Heights Activity Fund.
. Holiday Kick Off Party will be Saturday, November 25th. There is a four-wheeler being raffled off.
. Referred to the support of the Boosters and VFW and the need to recognize them. Weare here to
support our citizens.
. Thanked our Fire Department staff for their work to get the houses at issue cleaned up. Complimented
our Police Department on their work, especially in the Grid 8 area.
. Continue to tell Division Heads that our citizens are their boss.
. Continue to pray for the health and peace of our citizens.
Peterson
. Complimented Councilmember Williams and Jeff Bahe on their golf tournament and funds they raised
for special groups.
. Our Activity Fund; the final bill has been paid for the clock tower. This was completed without the use
of any city funds. Received calls that people want more bricks. Anyone interested can contact the City.
. Commended the Police on their successes; also the Fire Department.
. If there are ever staff comments that are negative, it is on attitude. That affects citizens the most.
. Don't take ourselves too seriously, do a random act of kindness.
Diehm
. Also complimented the Police and Fire Departments on what they have done. Listed the fire calls to
date. We need to be proactive to deal with these issues.
. School begins next week, so be aware of children going to school
Nawrocki
P.30
City Council Minutes
August 28, 2006
Page 26 of 26
. Referred to the information from Chaska on the WiFi.
. Referred to the County memo on methamphetamines. Information should be placed on our cable
channel. Fire Department does a good job on the properties they inspect, but when viewing these
properties sees other areas with things like weeds by the alleys, garages, and fences. Peterson asked that
he report them. When staff checks the properties they should note other problems. Fehst stated that they
don't catch all of the problems, but they get the worst of them and do the best they can.
. Regarding the activity center progress - does not agree that council members should not participate. Has
attended the meetings. It is not a total resident committee. Some people are there because they want
gyms or a new library. Feels it is a staff driven committee. Complimented the consultant. Candidates
should let the public know where they stand on this issue.
Diehm wished Councilmember Nawrocki a Happy Birthday.
Fehst stated that the Council hired the activity center consultant. It is not staff driven. Committee members
are from all different backgrounds. Everyone can voice their opinions.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 10:04 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.31
5 - A- 2- - 0..
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES
July 25, 2006
CALL TO ORDER/ROLL CALL
President, Murzyn, Jr. called the meeting to order at 7:00 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
Minutes of May 23rd and July 10th, 2006 meetings
Financial Report and Payment of Bills for May and June 2006, Resolution 2006-06.
Nawrocki asked on the May financial report, what is the EDAM charge for. Streetar
stated that is the Economic Development Authority Conference that Schumacher and
he attended.
MOTION by Williams, second by Jindra, to approve the consent agenda Items #3 and
#4 as listed. All ayes. Motion Carried.
BUSINESS ITEMS
Lease Aareement between EDA and Michelle Binaham
Schumacher stated this is a consideration of a lease between the EDA and Michelle
Bingham for a beauty salon at the old Beecroft building on 3710 Central A venue. The
building was purchased in 2003 for redevelopment along with two homes just south of
it. Bingham is a Columbia Heights resident and a hair salon owner in the City since
1980. She would like to lease one of the units in the Beecroft building from the City as
her landlord is requested her to move out by July 1 ih due to expanding his dental
offices at 425 4dfi A venue. Bingham would have to install a shampoo sink, remove
carpet, remove a portion of the suspended ceiling, paint and clean the unit prior to
occupancy at her own expense. This building is in a redevelopment area of the City,
therefore, the lease is set up on a month-to-month basis, commencing on July 26th, rent
at $625/month, she would pay for gas, electric and all City utilities, and wouldn't be
allowed to make any additions or improvements without a building permit to the unit.
The lease agreement has been reviewed and approved by attorney Mike Norton, with
Kennedy & Graven and Bingham has reviewed and agreed to the terms of the lease.
Staff recommends approval of the lease agreement.
Nawrocki asked how many square feet is the unit and how did they come up with the
cost. Schumacher stated it is about 900 square feet and that on our recent appraisal of
property along Central Avenue was $8.30/sq ft. Nawrocki asked how much does the
other tenant pay. Schumacher stated staff has discussed that lease and would be
bringing it to the EDA, so we have two similar leases for that building. Streetar stated
P.32
Economic Development Authority Meeting Minutes
July 25, 2006
Page 2 of3
the current rent is about $935/month without utilities, and that the tenant was in the
building at the time we bought it. What we are presenting to Bingham is that we collect
the rent and she pay the utilities because there is more of an incentive to watch the
utility use rather than base it on a flat fee.
Nawrocki stated Mike Erlandson, who is running for office called him looking for a place
for his campaign office, he then talked to Streetar, who said it would be approx.
$1,OOO/month. Streetar stated when he quoted him the $1,OOO/month it was with rent
and all the utilities included.
Jindra asked, if there wasn't some asbestos issues with the property. Schumacher
stated there wasn't any in that building.
Williams asked why we pay for insurance on the building, doesn't the renter pay
insurance. Schumacher stated the renter pays a different type of insurance, which is
for their property only, and we pay for the building and grounds.
Motion by Peterson, second by Williams, to approve the lease agreement between
EDA and Michelle Bingham. All ayes. Motion Carried.
ADMINISTRATIVE REPORTS
Activity Center
Partenheimer stated the newsletter has been delivered to all the Columbia Heights
residents, all information is on the web site, the first open house will be tomorrow night,
July 26 at tpm at Murzyn Hall.
Nawrocki stated we have always had an activity center at Murzyn hall for residents
since 1938, which is a viable activity center with all kinds of programs for kids, and
seniors. The one thing that we don't have there is a basketball court.
Sarna's
Partenheimer stated the property has started to be developed, with excavating, soil
corrections and preparations for demolition. Construction should start soon.
37th & Stinson
Partenheimer stated over the next couple of weeks the developer, is preparing a
redevelopment proposal with accompanying financial information and will be brought
back to the EDA at a future meeting.
39th & Central
Partenheimer stated staff would be meeting with Bruggemann next Monday to review
his development proposal. Information should be available at the next EDA meeting.
Williams asked why staff is going to meet with Bruggemann. Partenheimer stated they
are developing plans. In the meeting a few weeks ago with staff, they asked questions
on City codes and we provided them some information on utilities. The next meeting,
P.33
Economic Development Authority Meeting Minutes
July 25, 2006
Page 3 of3
she believed was to talk about the potential plans.
Grand Central Lofts
Partenheimer stated on July 10th the EDA and City Council directed staff to apply for a
Livable Communities Grant (LCDA) for funding a parking ramp to serve 47,698 feet of
proposed commercial development.
Park View
Partenheimer stated Phase /I clean up is complete and they are starting to build the first
building, with one house sold site un-seen. A total of 64 townhomes have been sold.
ADJOURNMENT
President, Murzyn, Jr., adjourned the meeting at 7:15 pm
Respectfully submitted,
U-:7/(/ ~
Cheryl Bakken
Community Development Secretary
H :\EDAminutes2006\7 -25-2006
P.34
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Park & Recreation Commission
August 22, 2006
1
City of Columbia Heights
Park and Recreation Commission
July 26, 2006
Eileen Evans called the meeting to order at 6:45 p.m.
ROLL CALL
Members present:
Eileen Evans; Stan Hoium; David Payne; Marsha Stroik;
Gary Peterson; Keith Windschitl, Recreation Director;
Kevin Hansen, Public Works Director/City Engineer
Resident Trevor Samaroo
Also Present:
APPROVAL CONSENT AGENDA
Motion to approve consent agenda by Foss; second by Payne. All ayes, motion carried.
LETTERS AND REQUESTS
Recreation Director Windschitl reported to the commission that resident Linda Silge is
requesting a fee-waived room rental to conduct a quilting quild. He stated that this would
be an option when the building is already rented for another event and that it would be a
new opportunity for Columbia Heights residents. Chair Evans requested that more
details be discussed as far as how often, what day and for what length of time. Motion by
Foss to table the request until the next meeting so that more details can be obtained,
second by Payne. All ayes, motion carried.
Recreation Director Windschitl reported that the request from Northeast Bank to hold a
fundraiser for one of their employees with acute leukemia is for the date of Wednesday
September 13, 2006. He believes that this would be a positive gesture from the Park and
Recreation Commission and that there would be staff already in place due to other
programs at Murzyn Hall that evening. He also indicated that NE Bank does a lot for our
community. Motion by Foss to grant the fee-waived rental since the building will be
opened and staffed, second by Greenhalgh. All ayes, motion carried.
OLD BUSINESS
Public Works Director/City Engineer Hanson updated the commission on problems that
have been occurring at the wading pools. Some of the problems have been that older
youth are taking their bikes or skateboards into the fenced in pool areas. The police that
have responded to the complaints have asked for some kind of age limitations to help
enforce proper behaviors. There have been more complaints received for the wading
pool at McKenna Park than the other 2 wading pools. A survey was taken regarding the
posting at other wading pools in nine to ten other cities. Robbinsdale is the only other
city that has posted a recommended age of 8 to 12 years old for the wading pool. He
suggests to mirror what Robbinsdale has done with posting age limits on groups of
children to between 8 and 12 years old. The current signage at the City wading pools
says no bikes or skateboards. Hansen commented that everyone could use the wading
pools; he believes that what the police are looking for is some other method to control the
behavior of groups at the wading pools that are riding their bikes in the pool and posing
P.35
Park & Recreation Commission
August 22, 2006
2
other safety issues. Motion by Foss to put up signage that limits the age to 8 years old
and under, second by Greenhalgh. All ayes, motion carried.
Chair Evans asked Hansen about the details of the bills regarding the Anoka County
License Center. Hansen replied that the license were for the park vehicles and our
wading pools.
Hansen reported that a second survey was conducted with area cities and most
importantly no other city installs a 6 to 8 foot high solid fence. Some cities will place
trees or shrubs for privacy. Hansen is willing to put together a city fencing policy for the
commission to review. He will also give the commission a map of the city parks and
where the existing chain link fences are. Residents, Mr. & Mrs. Allen have already
installed a cedar privacy around their yard as stated from the May 26, 2006 Park and
Recreation Commission meeting. Foss suggested for Hansen to create a fencing policy
for review at the next meeting. Hansen replied that he would write the policy to state that
the standard fencing would be chain link but it is not the intent to have a fence around
every city park perimeter. Evans believes that it is important to create a policy in order to
treat all residents equally. Hoium objects to creating a policy due to one specific request
of a resident. Hansen replied that by creating a policy it acts as a guide for staff during
remodeling projects, but it is only a policy. Motion by Payne to respond to the Sowada
family to put up own privacy fence within the guidelines of the City, inside the present
chain link fence, at their own costs and not at the cost of the City, second by Greenhalgh.
All ayes, motion carried.
NEW BUSINESS
Windschitl reported on charging for the rental of Murzyn Hall during the Columbia
Heights High School Senior All Night Party. In times oftrying to raise additional
revenue this is something that needs to be looked at. Evans asked what has been done in
the past. Windschitl replied that there has been no charge for the rental. This is a group
of parents that put together the party with a large budget. His suggestion is to charge the
$40.00 entry fee with a $15.00 per hour charge from Thursday night into Friday morning,
after the office hours, when we are providing a staff person that would not normally be
there. Foss commented that there not been any charge in the past because it is for youth.
Peterson replied that the budget for the party is around $20,000 and asking for a couple
hundred dollars is not asking too much. Windschitl reported that even this year they were
using extra power from Murzyn Hall for a riding bull machine. Evans commented that
we need to recover for our staff costs. Motion by Hoium to charge an entry fee of $40.00
and $15.00 per hour, second by Foss. All ayes, motion carried.
Request from Trevor Samaroo, 2114 N. Upland Crest, to rent Murzyn Hall for a cultural
event for the community on September 23, 2006 with an extended rental time ending at
1 :30 a.m. Samaroo owns a DJ service and is at Murzyn Hall for a lot of wedding
receptions. The event on September 23rd would use the Lion's Club for the bar service
and would like them to serve until 12:30 a.m. Hoium reported that when he worked at
the last cultural event for this group the party did not start until after 9:00 p.m. and it
P.36
Park & Recreation Commission
August 22, 2006
3
would not be a problem to extend the bar until 12:30 a.m. Windschitl suggested charging
the $60.00 early entry fee to until 1 :30 a.m. McDonald asked if more security would be
needed. Windschitl said that Samaroo was willing to work with Murzyn Hall on security
needs. Motion by Greenhalgh to approve the $60.00 fee for a late rental charge with the
bar shutting down at 12:30 a.m., working with extra security if needed and ending at 1 :30
a.m., second by Payne. All ayes, motion carried.
REPORTS
RECREA nON DIRECTOR
Windschitl reported that the summer programs are ending and all programs went well.
The Moonshoe theater performance will be on August 2nd and 3rd. The dinner theater
performance is almost sold out with a total of 168 tickets. Regarding next months
commission meeting it is scheduled on the same night as the city employee picnic and
suggested changing the meeting date to August 30, 2006.
PUBLIC WORKS DIRECTOR/CITY ENGINEER
Hansen reported that public works is maintaining University Avenue from 37th to 53rd.
Peterson replied that a private cutter was approved. Hansen said that they will be used
once per month after the ruff cut. Huset Parkway is nearing completion. A drawing
Huset Parkway and the pond area was passed out to commission members. He pointed
out that the plan has a future pavilion, which would be an appropriate feature adjacent to
Murzyn Hall. Peterson asked what the future plan was for the garage behind Murzyn
Hall. Hansen reported that is will eventually be taken down. Windschitl reported that it
currently has equipment from other departments inside such as football, recreation,
theater parts, park equipment, lawn mowers, snow blowers and other items. If the garage
is taken down in the future there will have to be a place to store what is currently in there.
Evans asked if the parks department paid for the whole roundabout. Hansen replied that
City State Aide and the Developers paid about SO/50 of the project.
Hansen invited the commission to tour the remodeled Public Works facility.
COMMISSION MEMBERS
Foss reported that he has received complaints on the restrooms not being open at the
parks for the recreation T-Ball and Baseball programs and that the satellites are too far
away from the fields. He suggested possibly giving a key to the coaches. Evans replied
that in the past when the buildings were open the bathrooms were constantly getting
plugged and being abused during the day. Foss also reported that he would like to see all
of the park signs updated. He feels that new signs would make the parks look better and
people are more likely to read them.
ADJOURNMENT
Eileen Evans adjourned the meeting at 7:35 p.m.
Deanna Saefke
Recreation Clerk Typist II
P.37
C-' A-2--'"
J . \..-
COLUMBIA HEIGHTS PUBLIC LIBRARY
BOARD OF TRUSTEES
MINUTES
August 2, 2006
The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Nancy
Hoium, PatIicia Sowada, Lynette Thomson, Catherine Vesley, and Becky Loader.
Bruce Kelzenberg was absent; Tammera Ericson Diehm attended the meeting in his place.
It was moved, seconded, and passed to approve the minutes of the July 11, 2006, Board meeting as mailed.
Bill list dated 7/24/06, was reviewed. It was moved, seconded and passed that they be paid.
The accounting was reviewed.
Old Business:
1. The new benches and bike racks have not been ordered.
2. Sculpture discussion was tabled.
3. An update on the Mady's site was discussed. Becky and Marsha met with Mr. Brueggeman to discuss
possible plans for a development on the Mady's site, which could possibly include a library. Bob Streeter
has suggested that an appraisal on the current library building and land should be obtained. The Board
discussed the cost involved in that, and who would be responsible for the fees.
4. The open house held on July 26 concerning the proposed Community Center was discussed. The Board
felt that the Library got a positive response from those in attendance.
5. An update on the proposed 2007 budget was presented. The first meeting with the City Manager and
Finance Director has taken place. Concerns about certain line item budget were discussed.
a. The wood cap on the exterior of the building needs to be addressed. Walt and Bill felt that this
project should be taken care of using general building fund money. Kevin Hanson, Public Works
Director is exploring altematives for this repair item.
b. The renovation of the men's restroom on the main floor is still budgeted for 2006. Plans are
proceeding on that project.
c. The City Manager is concerned about renovating the desks in the lobby. CUlTently they are
outdated for computer usage.
6. The contract with Anoka County Library is progressing. The goal is to have the contract ready to go the
City Council in September.
7. The One Book Project experienced a slight delay because the titles chosen were difficult to obtain.
P.38
New Business:
1. Staff update was provided.
a. The interviews for the Adult Services Librarian position were concluded. Second interviews will
take place on August 10th.
b. There will be 3 page vacancies this fall. Adveliisements in the Focus and N011heaster have been
placed. Applications will be accepted until 4:45 p.m., August 16. Interviews will be scheduled
after that.
2. New LGA (Local Govemment Aid) figures from the Department of Revenue were discussed. According
to the latest figures, the City of Columbia Heights will be receiving an increase of $21 0, 1 07 rather than the
cut that was originally announced.
3. The date and time for the volunteer recognition program has been set. Wednesday, August 23 2006, at
12:00 noon. Board members were polled on who would be available.
4. The Neighborhood Bridges program this summer was a great success. 22 registered for the program and
16 completed it. The Shareforn1ance was well attended.
There being no further business the meeting was adjourned at 8:20 p.m.
Respectfi.Illy submitted,
2- ,,--.,,' ---V)/I /, ,/.
/anl::" ~;~:i:; /\, L/1 Yn~(,~ I
Secretary to the Library Board of Trustees.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities.
2
P.39
PLANNING AND ZONING COMMISSION
MINUTES OF THE MEETING
September 6, 2006
7:00 PM
-,"~ A - :: -cl
THESE MJNUTES HAV
NOT BEEN APPROVE[
The meeting was called to order at 7 :00 pm by Chairperson Szurek.
Roll Call:
Commission Members present-Thompson, Fiorendino, Scrunitt, Peterson, and Szurek.
Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson
(Secretary).
Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of August 8,
2006. All ayes. MOTION PASSED.
Sargent opened his presentation by reviewing the role of the Commission. He told the members and the
audience that the Planning & Zoning Commission's responsibility is to uphold and follow the
Comprehensive Plan including the Design Guidelines and the Zoning Ordinance, which have been
adopted by the City Council. He further explained that the Design Guidelines were established by a
committee of residents, business owners, and leaders in the community, who desire to improve the
aesthetics of our business corridors of 40th Avenue and Central Avenue. He stated he is reviewing these
responsibilities as this is the first time staff has recommended denial of a request in quite some time.
PUBLIC HEARINGS
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2006-0604 & 0605
Border Foods Inc/Taco Bell & Starbuck's Coffee
4900 & 4910 Central Ave
Site PlanIV ariance
Border Foods, Inc. ("applicant") submitted a plan for a new Taco Bell and Starbucks restaurant to be
located at the comer of 49th Avenue and Central Avenue to the Planning Commission on August 8,
2006. This plan required a total of three (3) variance requests and thirteen (13) deviations from the
Design Guidelines established for Central A venue. At the August 8, 2006 Planning Commission
meeting, the applicant requested that his applicant be continued to the September 6, 2006 meeting.
At this time, the applicant has not submitted any new plans to the City of Columbia Heights ("City")
regarding this application. The applicant is working to secure a driveway access from the property
owner to the north in order to be able to redesign the site layout for the two buildings. The applicant has
also stated that the Taco Bell and Starbucks corporate entities have been informed on the Design
Standards that the City has, and that changes to the originally proposed plans would need to be made in
order for the project to be approved.
No new plans have been submitted, and at this time, the applicant wishes to pursue the originally
proposed plans.
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PLANNING & ZONING COMMISSION MINUTES
PAGE 2
SEPTEMBER 6, 2006
Border Foods, Inc. is representing both Taco Bell and Starbucks in an effort to redevelop the land
located at 4900 Central Avenue and 4910 Central Avenue. The proposal includes replacing the existing
Taco Bell restaurant and Dave's Car Wash, with a new Taco Bell restaurant and a Starbucks building.
The proposal requires the following approvals:
1. Site Plan Approval for the Taco Bell restaurant per Code Section 9.104 (M).
2. Site Plan Approval for the Starbucks restaurant per Code Section 9.104 (M).
3. A 2-foot parking stall length variance for the Taco Bell parcel per Code Section 9.106
(L)(7)(a).
4. A 2-foot parking stall length variance for the Starbucks parcel per Code Section 9.106
(L)(7)(a).
5. A 31.24 square foot area variance for wall signage for the Taco Bell building per Code
Section 9.106 (P)( l2)(b)( 1).
6. The project will also require 13 deviations from the Highway District Design Guidelines.
Background
For approximately the last four years, Border Foods, Inc. has attempted to acquire 14 feet of the
southerly portion of the property occupied by Dave's Car Wash, for the purpose of building a new Taco
Bell at the existing location. On February 7, 2006, Border Foods acquired this property in its entirety.
After the acquisition, the applicant contacted the City of Columbia Heights ("City"), indicating their
desire to redevelop the site to include a new Taco Bell restaurant and a Starbucks Coffee Shop. During
many meetings, it became apparent that the Border Foods proposal would require variances and a
number of waivers from the City's Design Guidelines. Staff worked diligently with the applicant,
suggesting some potential alternatives to bring their proposal into conformity with the City's Design
Guidelines.
COMPREHENSIVE PLAN
The Comprehensive Plan is prepared by the community and approved by the City Council. It
establishes the future vision for Columbia Heights over a 10 - year period and best represents the public
interest. The Zoning Code, Subdivision Regulations, Building Code and Design Guidelines are
standards created to ensure the Comprehensive Plan is implemented. The primary function of the
Planning Commission is to ensure the implementation of the Comprehensive Plan.
The Comprehensive Plan designates this area for commercial development and includes goals for
commercial and economic development. These include strengthening the image of the community as a
desirable place to live and work; providing opportunities and mechanisms for successful redevelopment
of targeted areas; preserving and enhancing the existing commercial areas within the community;
advocating high quality development and redevelopment within the community; and enhancing the
economic viability of the community. The applicant's proposal is a commercial proposal and therefore
consistent with the Comprehensive Plan in that regard.
The applicant's proposal also requires 13 waivers from the City's Design Guidelines. These Guidelines
were adopted by the City Council after one year of preparation by a citizens group that included
residents, as well as Central Avenue business owners. The guidelines were established to increase the
visual appeal and pedestrian orientation of certain maior street corridors within the city, thereby
P.4l
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
SEPTEMBER 6, 2006
increasing the economic vitality of these corridors, and supporting the goals of the Comprehensive Plan.
The guidelines represent the minimum standards for design quality and have been implemented by
Discount Tire, Advanced Auto Parts, aild Grand Central Lofts, all on Central Avenue. Ryland Homes,
Inc. and Schafer Richardson have also used the guidelines in the redevelopment of the Industrial Park.
Border Food's request to waive 13 of the Design Guidelines is not consistent with the Comprehensive
Plan.
ZONING CODE
Zoning
The property is located in the GB, General Business District, and is adjacent to Central Avenue. The
properties to the north and east are also zoned GB, General Business. The properties to the west are
zoned R2-A and R2-B, One and Two Family Residential Districts. The property to the south is zoned
commercial and is in the City of Hilltop.
Landscape Plan
For all new construction, the City's Zoning Code requires a landscape plan meeting minimum standards
as outlined in the Code. The proposed landscape plan effectively screens the proposed parking areas
while creating a pedestrian-friendly atmosphere. The existing fencing along the alley right-of-way is
also in poor condition, however the applicant has proposed to replace the fence with a new privacy
fence. These improvements meet the City Code requirements in all aspects.
Storm water Management
According to the City Engineer, the Taco Bell/Starbucks preliminary site plans did not meet the
requirements of City Code section 9.609 - Stormwater Management and the City's NPDES permit
requirements. The plan set did not include any type of provisions for treating the surface water prior
discharging from the site in accordance with the Stormwater Management Ordinance and the City's
BMP's. A site-specific stormwater plan must be submitted for approval for final platting.
Design Guidelines
The project is located at 4900 and 4910 Central Avenue, which is also located within the Design
Guidelines' "Highway District". Properties located in this district are subject to these design guidelines
when discussing the placement of the building on the lot, the height of the building, architectural details
of the building, and signage.
The design guidelines build on and complement recently completed streetscape improvements to the
Central Avenue business district. They were developed by consultants, and a Citizen Task Force with
representatives from the City Council, Planning Commission, area business owners and landowners, and
interested citizens, and are mandatory.
It is assumed that the intent of the guidelines should be met, however, it is understood that there may be
alternative ways to achieve the same design objectives. The City may permit alternative approaches
that, in its determination, meet the objective(s) of the design guideline(s) equally well. The City may
also waive any guideline when specific physical conditions of the site or building would make
compliance more difficult or inappropriate.
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PLANNING & ZONING COMMISSION MINUTES
PAGE 4
SEPTEMBER 6,2006
FINDINGS OF FACT
Site Plan
Section 9.413, subd. 4 of the Columbia Heights Zoning Code requires that the Planning Commission
make each ofthe following four (4) findings before approving a site plan:
1. The site plan conforms to all applicable requirements of the Ordinance.
As stated previously, the project site is located in the Design Guideline Corridor and is located
in the "Highway District". There are 13 total proposed deviations from the Design Guidelines
for the construction of the Taco Bell and Starbucks buildings as currently presented. They
include the following:
Building Placement. The Design Guidelines require the buildings to have a well-defined front
fat;ade with primary entrances facing the street. Buildings should be aligned so that the
dominant lines of their facades parallel the line of the street and create a continuous edge.
1. Taco BelL The Taco Bell building does not have a well-defined front fat;ade facing
Central Avenue. The main fat;ade with accompanying front entrance face the south, into
the parking lot, which does not meet the Design Guidelines criterion.
2. Starbucks. The Starbucks building does not have a well-defined front fat;ade facing
Central Avenue. The main fat;ade with accompanying front entrance face the north, into
the parking lot, which does not meet the Design Guidelines criterion.
Building Height All buildings shall have a minimum cornice height of 22 feet in order to create
an increased sense of enclosure and diminish the perceived width of the street. This also
conveys a multi-story appearance even if the building has only one occupied floor.
3. Taco BelL The plans for the Taco Bell building indicate a height of 18 feet 3 inches to the
parapet wall. The proposed height is not consistent with the Design Guidelines.
4. Starbucks. The plans for the Starbucks building indicate a height of 18 feet 4 inches to the
top of the cornice. The proposed height is not consistent with the Design Guidelines.
Entries. Primary building entrances on all buildings shall face the primary abutting street or
walkway (Central Avenue).
5. Taco Bell. The primary entrance for the Taco Bell building does not face Central Avenue;
rather it faces south, towards the parking lot. The proposed location of the main entry is
not consistent with the Design Guidelines.
6. Starbucks. The primmy entrance for the Starbucks building does not face Central A venue;
rather it faces north, towards the parking lot. The proposed location of the main entry is
not consistent with the Design Guidelines.
Franchise Architecture. Franchise architecture (building design that is trademarked or
identified with a particular chain or corporation and is generic in nature) is generally
discouraged unless it employs a traditional storefront commercial style. This is to encourage
new building design that is supportive of the urban design goals of the City. and that responds to
its context.
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PLANNING & ZONING COMMISSION MINUTES
PAGE 5
SEPTEMBER 6, 2006
7. Taco BelL The Taco Bell stand-alone building is a prototype to be used in other locations
as well. The architectural detailing on the building, including, but not limited to the
"flying arch" is indicative of a Taco Bell franchise building. For this reason the design
does not meet the Design Guidelines in regards to franchise architecture.
Drive-through Facilities. Drive through elements shall be placed to the side or rear of the
principal building, and shall not be located between any buildingfar;ade and Central Avenue.
8. Taco BelL The Taco Bell plans indicate that the preview board, menu board, and the bulk
of the queuing line will be placed between the front far;ade of the building and Central
Avenue. The placement of these elements is not consistent with the Design Guidelines.
Freestanding Signage. Ground or monument signs are encouraged rather than pylon signs.
9. Taco BelL The Taco Bell project is proposing to utilize a 25-foot pylon sign for their
freestanding signage. This is not consistent with the Design Guidelines, as the guidelines
require the use of monument signs, at a maximum height of 8 feet.
10. Starbucks. The Starbucks project is proposing to utilize a 25-foot pylon sign for their
freestanding signage. This is not consistent with the Design Guidelines, as the guidelines
require the use of monument signs, at a maximum height of 8 feet.
Sign Illumination. External illumination of signs is required. Internally box signs and awning
are not permitted with the exception of theatre marquees.
11. Taco BelL The Taco Bell project is proposing to use an internally lit pylon sign, which is
not consistent with the Design Guidelines.
12. Starbucks. The Starbucks project is proposing to use an internally lit pylon sign, which is
not consistent with the Design Guidelines.
Illuminated Wall Signage. External illumination of signs is permitted by incandescent, metal
halide or fluorescent light that emits a continuous white light. Internally lit box signs and
awnings are not permitted.
13. Taco BelL The Taco Bell building proposes the use of a box sign logo, which is internally
illuminated. This type of s ign age must be externally lit per the Design Guidelines. For this
reason, the proposed is not consistent with the requirement.
2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan.
As stated previously, the site plan is not consistent with the applicable provisions of the
City's Comprehensive Plan because it fails to create a project that meets the minimum
standards.
3. The site plan is consistent with any applicable area plan.
Currently, there is no area plan for the proposed project area.
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PLANNING & ZONING COMMISSION MINUTES
PAGE 6
SEPTEMBER 6, 2006
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
The proposed plans are consistent with the Zoning Code in regards to building setback and
screening from adjacent residentially zoned parcels. For this reason, the site plan minimizes
and adverse impacts on property in the immediate vicinity and public rights-of-way.
Variances
Section 90407, subd. 6 of the Columbia Heights Zoning Code requires that the Planning Commission
make each of the following five (5) findings before approving a variance.
Taco Bell 2-foot oarkinQ stalllenQth Variance reauest:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the specific parcel of land involved, strict adherence to the provisions of
this Ordinance would cause undue hardship.
The proposed orientation of the building decreases the amount of land available to meet
setback requirements for the parking lot, while maintaining adequate parking stall lengths
and drive aisle widths. If the building was oriented differently on the property, adequate
space could be achieved to meet the City Code requirements for the parking stall lengths.
For this reason, the applicant's design has caused the necessity of the variance and no
hardship is present.
2. The conditions upon which the variances are based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
The applicant has created the hardship by purchasing a piece of property and attempting to
place a commercial use on the property, which requires more land to meet the City's
minimum requirements. There are no unique circumstances surrounding the parcel that
differentiate themselves from 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 a legal interest in the property.
The owner of the property has caused the stated hardship being used to justify the variance
requests. By reorienting the building differently on the property, the 2-foot parking stall
length variance for Taco Bell could be eliminated. The variance request is a direct result of
the proposed orientation of the building, which the applicant has decided on.
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PLANNING & ZONING COMMISSION MINUTES
PAGE 7
SEPTEMBER 6, 2006
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
The intent of the Comprehensive Plan is to establish the future visionfor Columbia Heights
over a 10 - year period and best represent the public interest. Granting this variance request
would allow for the placement of a building that is inconsistent with the Design Guidelines,
which in turn are established to implement the Comprehensive Plan. For this reason,
granting the variance would not be harmonious with the intent of the Comprehensive Plan.
5. The granting of the variance(s) will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development, or value of property or
improvements in the vicinity.
Granting the variance would not be materially detrimental to the public welfare. The parking
stall length variance would help accommodate pedestrians by providing more parking stalls
on site.
City Staff recommends that the Planning Commission recommend denial of the 2-foot parking stall
length variance for the Taco Bell building because of an insufficient hardship and because granting the
variance request would not meet the intent of the Comprehensive Plan.
Taco Bell 31.24 SQuare foot area variance for wall silffia2.e:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the specific parcel of land involved, strict adherence to the provisions of
this Ordinance would cause undue hardship.
The Sign Code states that total wall signage for buildings in the GB, General Business
District shall not exceed !vIlO (2) square feet for each front foot of building or structure.
Because of the proposed orientation of the building, the applicant has been limited with the
amount of signage desired for the building. If the building were oriented in a way consistent
with the Design Guidelines for the area, there would be an adequate amount of front footage
to obtain the desired amount of sign age. For this reason, the applicant's design has caused
the necessity of the variance and no hardship is present.
2. The conditions upon which the variances are based are unique to the specific parcel ofland
involved and are generally not applicable to other properties within the same zoning
classification.
The applicant has created the hardship by purchasing a piece of property and attempting to
place a commercial use on the property, which requires more land to meet the City's
minimum requirements. There are no unique circumstances surrounding the parcel that
differentiate themselves from other properties within the same zoning classification.
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PLANNING & ZONING COMMISSION MINUTES
PAGES
SEPTEMBER 6, 2006
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created
by any person currently having a legal interest in the property.
The owner of the property has caused the stated hardship justifying the variance requests.
By reorienting the building differently on the property, 31.24 square foot area variance for
the wall signage on the Taco Bell building could be eliminated. The variance request is a
direct result of the proposed orientation of the building, which the applicant has decided on.
4. The granting of the variances is in harmony with the general purpose and intent of the
Comprehensive Plan.
The intent of the Comprehensive Plan is to establish the future visionfor Columbia Heights
over a 10 - year period and best represent the public interest. The necessity of this variance
request is due to the orientation of the Taco Bell building, which is inconsistent with the
Design Guidelines. The Design Guidelines, in turn, are established to implement the
Comprehensive Plan. For this reason, granting the variance would not be harmonious with
the intent of the Comprehensive Plan.
5. The granting ofthe variance(s) 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.
The granting of the variance would not be materially detrimental to the public welfare.
City Staffrecommends that the Planning Commission recommend denial of the 31.24 square foot area
variance for wall signage on the Taco Bell building because of an insufficient hardship, and because
granting the variance request would not meet the intent of the Comprehensive Plan.
Starhucks 2-foot oarkinQ: stalllen~h variance:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or other
conditions of the specific parcel of land involved, strict adherence to the provisions of this
Ordinance would cause undue hardship.
The proposed orientation of the building decreases the amount of land available to meet
setback requirements for the parking lot, while maintaining adequate parking stall lengths
and drive aisle widths. If the building was oriented differently on the property, adequate
space could be achieved to meet the City Code requirements for the parking stall lengths.
For this reason, the applicant's design has caused the necessity of the variance and no
hardship is present
2. The conditions upon which the variances are based are unique to the specific parcel ofland
involved and are generally not applicable to other properties within the same zoning
classification.
The applicant has created the hardship by purchasing a piece of property and attempting to
place a commercial use on the land that requires more land than what is provided. There
are no unique circumstances surrounding the parcel that differentiate themselves from other
properties within the same zoning classification.
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PLANNING & ZONING COMMISSION MINUTES
PAGE 9
SEPTEMBER 6, 2006
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created
by any person currently having a legal interest in the property.
The owner of the property has caused the stated hardship justifYing the variance requests.
By reorienting the building differently on the property, the 2-foot parking stall length
variance for Starbucks could be eliminated. The variance request is a direct result of the
proposed orientation of the building, which the applicant has decided on.
4. The granting of the variances is in harmony with the general purpose and intent of the
Comprehensive Plan.
The intent of the Comprehensive Plan is to establish the future vision for Columbia Heights
over a 10 - year period and best represent the public interest. Granting this variance request
would allow for the placement of a building that is inconsistent with the Design Guidelines,
which in turn are established to implement the Comprehensive Plan. For this reason,
granting the variance would not be harmonious with the intent of the Comprehensive Plan.
5. The granting of the variance(s) will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development, or value of property or
improvements in the vicinity.
Granting the variance would not be materially detrimental to the public welfare. The parking
stall length variance would help accommodate pedestrians by providing more parking stalls
on site.
City Staff recommends that the Planning Commission recommend denial of the 2-foot parking stall
length variance for the Starbucks building because of an insufficient hardship, and because granting the
variance request would not meet the intent of the Comprehensive Plan.
CONCLUSION
The Taco Bell/Starbucks proposal does not meet the intent ofthe Design Guidelines for a new
commercial development along Central Avenue. With some modifications to the site plan and building
plans, the applicant could present a plan that eliminates all variance requests and is more consistent with
the types of developments that the City of Columbia Heights has worked hard to obtain along its most
important major thoroughfare. City Staff understands that the applicant is willing to work with the City
to achieve the desired goals stated in the Comprehensive Plan, however the proposed development plans
do not meet the minimum standards.
The proposed site plan did not meet the requirements of City Code section 9.609 - Stormwater
Management and the City's NPDES permit requirements either. The plan set did not include any type of
provisions for treating the surface water prior discharging from the site in accordance with the
Stormwater Management Ordinance and the City's BMP's.
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PLANNING & ZONING COMMISSION MINUTES
PAGE 10
SEPTEMBER 6, 2006
Questions from Members:
The members had no further questions since nothing had changed since the August 8th meeting.
The Public Hearing was opened:
Jim Erickson, the representative from Border Foods, confirmed that Sargent's report was correct. He
explained they have considered alternative options, but since the Planning & Zoning Commission is not
a governing body, they will go to the City Council and work with them, as they are the decision making
body.
Mr. Erickson felt they had been close to coming to an agreement, but since the last meeting, have moved
further apart on the issues. He thought the original plans submitted were in the best interest of Border's
Foods and the City of Columbia Heights for safety and functionality of the site. He briefly discussed the
reasons why they submitted plans that did not conform to the City's Design Guidelines. He stated that
they require a site with 40,000 sf in order to have a drive through. While this site meets that
requirement, MnDot will not allow any curb cuts off Central Avenue so they are working around that the
best they can. He pointed out that they are investing about $3.5 million dollars to develop the two
business sites. They want to improve the avenue with their development. He stated that they cannot
meet all the requirements 100% and make it work. Since they bought the extra piece of property, they
had hoped to add the second business to provide an additional option to the residents, and to utilize the
site to the utmost.
Erickson stated that they wish to continue the process and will take this issue to the City Council to see
which points are the most important, as they are the ultimate decision making body.
Szurek stated the Commission's role is to go by staff's recommendation and to ensure that the guidelines
that have been established by community input are followed. She doubts that the City Council will
disregard the Comprehensive Plan, the Zoning Ordinance and the Design Guidelines as it would set
precedence and would make all the effort that went into establishing these guidelines meaningless. She
stated that I or 2 variances could have been overlooked or compromised on, but 13 deviations that are
not caused by hardships is impossible to overlook. She listed the height of the building, the location of
the drive through, no storm drainage plan, and the location of the building itself as just a few of the
deviations that are not caused by hardship.
Erickson responded that there is a hardship because there is no access off Central Ave, and that
customers will need to use 49th A venue as the access to these businesses. He stated he is working with
Mr. Streetar and the owner ofUdupi for an additional access off CentraL He felt they are making every
attempt to work within the parameters and again stated they could meet many of the requirements, but
not all of them.
The Public Hearing was closed.
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PLANNING & ZONING COMMISSION MINUTES
PAGE 11
SEPTEMBER 6, 2006
Motion by Peterson, seconded by Fiorendino, that the Planning Commission deny the site plan approval
for the Taco Bell located at 4910 Central Avenue and Starbucks at 4900 Central Avenue, because the
site plan does not meet the intent of the Comprehensive Plan, and no stormwater management plan was
included. All ayes. MOTION PASSED.
Motion by Peterson, seconded by Firoendino, that the Planning Commission recommends the City
Council deny the 2-foot parking stall length variance for Taco Bell, located at 4910 Central Avenue and
Starbucks at 4900 Central Avenue, because of the lack of a justifiable hardship and because granting
the variance would not meet the intent of the Comprehensive Plan. All ayes. MOTION PASSED.
Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City
Council deny the 31.24 square foot area variance for wall signagefor the Taco Bell building located at
4910 Central Avenuefor lack of a justifiable hardship and because granting the variance would not
meet the intent of the Comprehensive Plan. All ayes. MOTION PASSED.
The following Resolutions of Denial will go before the City Council at the meeting of September 11,
2006.
Erickson stated he would call to formally request that this be delayed till a later date than the September
11 th meeting. Sargent explained to the commission members that the City Council cannot act on new
plans. If anything new is submitted it will need to go through the entire process just as these original
plans did. The Council can only make decisions on the policies in place and whether to change them or
not.
RESOLUTION NO. 2006-PZXX
RESOLUTION OF DENIAL OF THE PLANNING AND ZONING COMMISSION FOR A SITE
PLAN FOR TACO BELL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-0604) has been submitted by Border Foods, Inc. to the Planning
and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the
following site:
ADDRESS: 4910 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approvalfor an addition in
the GB, General Business District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code
on September 6, 2006;
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
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PLANNING & ZONING COMMISSION MINUTES
PAGE 12
SEPTEMBER 6, 2006
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 does accept
and adopt the following findings:
1. The site plan conforms to all applicable requirements of this article.
The site plan does not conform to the Design Guidelines established for Central Avenue,
as the site plan calls for 13 deviations from the minimum requirements.
2. The site plan is consistent with the applicable provisions ofthe city's comprehensive plan.
The site plan is not consistent with the applicable provisions of the City's
Comprehensive Plan because it fails to create a project that meets the minimum
standards of the City Code.
3. The site plan is consistent with any applicable area plan.
Currently, there is no area plan for the proposed project area.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
The proposed plans are consistent with the Zoning Code in regards to building setback and
screening from adjacent residentially zoned parcels. For this reason, the site plan
minimizes and adverse impacts on property in the immediate vicinity and public rights-of-
way.
FURTHER, BE IT RESOLVED, that said site plan is denied based on the following:
1. There are 13 deviations from the Design Guidelines in conjunction with the Site Plan request.
2. The site plan is not consistent with the City's Comprehensive Plan.
Passed this 6th day of September 2006,
Offered by:
Seconded by:
Roll Call:
Ayes:
Nays:
CHAIR Marlaine Szurek
Attest:
SECRETARY, Shelley Hanson
-----------------------------------------------------------
-------------------------------------------------------
P.51
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PAGE 13
SEPTEMBER 6, 2006
RESOLUTION NO. 2006-XX
RESOLUTION OF DENIAL
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR BORDER FOODS, INC.
WHEREAS, a proposal (Case # 2006-0604) has been submitted by Border Foods, Inc. to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4910 Central Avenue
LEGAL DESCRIPTION: On File at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance
per Code Section 9.106 (L)(7)(a); and a 31.24 square foot area variance for wall signage per
Code Section 9.106 (P)(12)(b)(1).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code
on September 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 does accept and shall adopt the following findings of thc 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.
The applicant's design has caused the necessity of the variances and no hardship is
present.
2. The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
The applicant has created the hardship by purchasing a piece of property and
attempting to place a commercial use on the property, which requires more land to
meet the City's minimum requirements. There are no unique circumstances
surrounding the parcel that differentiate themselves from 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.
The owner of the property has caused the stated hardship being used to justify the
variance requests. The variance request is a direct result of the proposed orientation of
the building, which the applicant has decided on.
P.52
PLANNING & ZONING COMMISSION MINUTES
PAGE 14
SEPTEMBER 6, 2006
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
Granting this variance request would allow for the placement of a building that is
inconsistent with the Design Guidelines, which in turn are established to implement the
Comprehensive Plan. For this reason, granting the variance would not be harmonious
with the 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.
Granting the variance would not be materially detrimental to the public welfare. The
parking stall length variance would help accommodate pedestrians by providing more
parking stalls on site.
FURTHER, BE IT RESOLVED, that said variance requests are denied based on the following:
1. Other site layout options would enable the parking stalls to comply with City Code. Therefore,
there is no hardship to justify the variance.
2. Reorienting the building would allow more sign age on the building. Therefore, the applicant has
caused the hardship and would not justify warranting the variance.
Passed this _ day of September, 2006
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.53
PLANNING & ZONING COMMISSION MINUTES
PAGE 15
SEPTEMBER 6, 2006
RESOLUTION NO. 2006-PZXX
RESOLUTION OF DENIAL OF THE PLANNING AND ZONING COMMISSION FOR A SITE
PLAN FOR ST ARBUCKS WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-0605) has been submitted by Border Foods, Inc. to the Planning
and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the
following site:
ADDRESS: 4900 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for an addition in
the GB, General Business District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code
on September 6, 2006;
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 does accept
and adopt the following findings:
1. The site plan conforms to all applicable requirements of this article.
The site plan does not conform to the Design Guidelines established for Central Avenue,
as the site plan calls for 13 deviations from the minimum requirements.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
The site plan is not consistent with the applicable provisions of the City's
Comprehensive Plan because it fails to create a project that meets the minimum
standards of the City Code.
3. The site plan is consistent with any applicable area plan.
Currently, there is no area plan for the proposed project area.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
The proposed plans are consistent with the Zoning Code in regards to building setback and
screening from adjacent residentially zoned parcels. For this reason, the site plan
minimizes and adverse impacts on property in the immediate vicinity and public rights-of-
way.
P.54
PLANNING & ZONING COMMISSION MINUTES
PAGE 16
SEPTEMBER 6, 2006
FURTHER, BE IT RESOLVED, that said site plan is denied based on the following:
1. There are 13 deviations from the Design Guidelines in conjunction with the Site Plan request.
2. The site plan is not consistent with the City's Comprehensive Plan.
Passed this 6th day of September 2006,
Offered by:
Seconded by:
Roll Call:
Ayes:
Nays:
CHAIR Marlaine Szurek
Attest:
SECRETARY, Shelley Hanson
RESOLUTION NO. 2006-XX
RESOLUTION OF DENIAL
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR BORDER FOODS, INC.
WHEREAS, a proposal (Case # 2006-0605) has been submitted by Border Foods, Inc. to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4900 Central Avenue
LEGAL DESCRIPTION: On File at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance
per Code Section 9.106 (L)(7)(a).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code
on September 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;
P.SS
PLANNING & ZONING COMMISSION MINUTES
PAGE 17
SEPTEMBER 6, 2006
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that
the City Council does accept and shall adopt 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.
The applicant's design has caused the necessiry of the variances and no hardship is
present.
2. The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
The applicant has created the hardship by purchasing a piece of property and
attempting to place a commercial use on the property, which requires more land to
meet the City's minimum requirements. There are no unique circumstances
surrounding the parcel that differentiate themselves from 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.
The owner of the property has caused the stated hardship being used to justify the
variance requests. The variance request is a direct result of the proposed orientation of
the building, which the applicant has decided on.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
Granting this variance request would allow for the placement of a building that is
inconsistent with the Design Guidelines, which in turn are established to implement the
Comprehensive Plan. For this reason, granting the variance would not be harmonious
with the 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.
Granting the variance would not be materially detrimental to the public welfare. The
parking stall length variance would help accommodate pedestrians by providing more
parking stalls on site.
FURTHER, BE IT RESOL YED, that said variance requests are denied based on the following:
1. Other site layout options would enable the parking stalls to comply with City Code. Therefore,
there is no hardship to warrant the variance.
Passed this _ day of September, 2006
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.56
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PAGE 18
SEPTEMBER 6, 2006
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2006-0901
Darren Farwell, Savers
4849 Central Avenue
Conditional Use Permit for Outdoor Storage
At this time, Darren Farwell ("applicant") d/b/a Savers, is requesting a Conditional Use Permit (CUP) to
allow outdoor storage at the property located at 4849 Central A venue. The present use of the property is
a strip mall, with Savers store as a tenant. Currently, Savers is utilizing a large storage container as well
as a semi trailer to house excess materials that cannot be stored in the building. These outdoor
enclosures are considered to be outdoor storage for the business and would need to comply with the
Zoning Code. The Conditional Use Permit for outdoor storage would enable the applicant to continue
using the storage containers as long as the containers are placed in a fenced in area meeting the
requirements for outdoor storage in the City of Columbia Heights ("City").
Comprehensive Plan
The Comprehensive Plan designates the property as Transit Oriented Development. The current use of
the property is consistent with those uses found in transit-oriented developments. Therefore, the
proposed use is consistent with the Comprehensive Plan.
Zoning Ordinance
The property located at 4849 Central Avenue is zoned MXD, Mixed-Use Development, as are the
properties to the south and east. The properties to the north are zoned commercial and residential, and
the properties to the west are located in the City of Hilltop. The Zoning Code at Section 9.112 (D)(2)
states that all conditional uses allowed in the commercially zoned parcels of the City are also allowed in
the MXD District. Code Section 9,110 (E)(3)(h) allows for outdoor storage as a Conditional Use in the
GB, General Business District. The Specific Development Standards at Section 9.107 state the criteria
in which the outdoor storage shall be used. These standards state the following:
a) The outdoor storage area shall be accessory to a commercial or industrial use.
The storage area will be accessory to Savers, which is a commercial use.
b) Outdoor storage within the public right-of-way is prohibited.
The proposed location for the outdoor storage is located fully within the property
boundaries. A condition will be implemented prohibiting storage on the public right-of-way.
c) All outdoor storage areas shall meet the setback requirements for a principal structure in the
zoning district in which the use is located.
The Zoning Code states that the setback requirements shall maintain and enhance the
character of the neighborhood in which the development is located. In this case, staff feels
that it is appropriate to require the development to meet the same setback requirements for
the GB, General Business District. The setback requirements for the GB District are as
follows:
Front yard: 15 feet
Side yard: 0 feet
Corner side yard: 15 feet
Rear yard: 20 feet The site plan accompanying the CUP application
indicates that these setback requirements would be met.
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PLANNING & ZONING COMMISSION MINUTES
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SEPTEMBER 6, 2006
d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front
building line of the principal structure.
The site plan accompanying the CUP application indicates that the outdoor storage area
will be located in the rear yard.
e) The storage area shall be fenced and screened from adjacent uses and the public right-of-
way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no
less than six (6) feet in height and no less than 80% opaque on a year round basis.
The site plan accompanying the CUP application indicates that a 6-foot tall privacy
fence will be erected around the perimeter of outdoor storage area. The fence will be required
to be tall enough to screen all the materials to be stored.
t) All goods, materials and equipment shall be stored on an impervious surface.
The area in which the outdoor storage area will be located is current hard surfaced. A
condition of approval will be included indicating that at all times, the outdoor storage materials
shall be stored on an impervious surface.
g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of
sufficient width to accommodate emergency vehicles as needed.
h) The height of materials stored, excluding operable vehicles and equipment, shall not exceed
the height of the screening provided.
In this case, it appears as if the storage containers would exceed the 6-foot tall fence that
is proposed for the CUP. The applicant would have to erect a fence that was tall enough to
screen the storage containers.
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.
Outdoor storage is specifically listed as a Conditional Use in GB, General Business District
in the City of Columbia Heights. The MXD District allows all Conditional Uses that are
listed within each commercially zoned district.
(b) The use is in harmony with the general purpose and intent of the comprehensive plan.
The intent of the Comprehensive Plan is met in this case. The land is designated for Transit-
Oriented Development. This type of commercial use is consistent with the types of
commercial uses in a transit-oriented development.
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SEPTEMBER 6, 2006
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The outdoor storage is required for the business to operate. At no time shall any of the
outdoor storage materials be hazardous or injurious in nature to the public welfare. A
condition will be added to this effect.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The required setbacks for outdoor storage for the proposed CUP would help ensure that the
uses of properties in the immediate vicinity would not be diminished in any capacity.
( 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.
Outdoor storage in a commercially zoned area would be consistent with the character of the
surrounding area.
(f) The use and property upon which the use is located are adequately served by essential public
facilities and services.
The property located at 4849 Central Avenue meets this criterion.
(g) Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
The nature of outdoor storage does not and will not generate an excess of traffic, and will not
create traffic congestion. Measures will be taken to ensure that on-site circulation is
provided.
(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.
Being that outdoor storage is allowed in the General Business District with a CUP, it is
assumed that there would be no negative cumulative effect of the proposed use on other uses
in the immediate vicinity.
(i) The use complies with all other applicable regulations for the district in which it is located.
The proposed use will comply with all other applicable regulations for the district.
Staff recommends that the Planning Commission recommend that the City Council approve the
Conditional Use Permitfor outdoor storage for the property located at 4849 Central Avenue, subject to
conditions of approval outlined below.
Questions from members:
David Van Buckle, the District Mgr. for the MN stores was present to answer questions. Schmitt asked
how many containers would be on site. Van Buckle responded there would be a permanent storage
container and 1 semi trailer that is changed out every 3-7 days.
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SEPTEMBER 6, 2006
Peterson questioned whether this was the best location for the storage containers, as it abuts a residential
area and there is a drastic change in elevation on this side of the Saver's site. He felt this location
would require a high fence to screen the containers from the residences. He asked about using the
south side of the building for this use. He was told that there isn't enough room on the south side
and that setback requirements could not be met.
Thompson asked if there would be any drainage issues since some of the curb and gutter would be
removed. If so, this will need to be dealt with. And he thought that a brick or block wall
constructed around the containers would look nicer than fencing.
Fiorendino questioned how high the fence would be. He was told that the fencing would need to screen
the storage containers and that the containers cannot be higher than the fencing or screening.
The Public Hearing was Opened.
No one wished to comment.
The Public Hearing was closed.
Motion by Fiorendino, seconded bySchmitt, that the Planning Commission recommends the City
Council approve the Conditional Use Permit for outdoor storage, subject to certain conditions of
approval that have been found to be necessary to protect the public interest and ensure compliance with
the provisions of the Zoning and Development Ordinance, including:
1. The outdoor storage shall be located within the setback requirements of the GB, General
Business District.
2. There shall be no outdoor storage of materials located on the public right-of-way.
3. There shall be no storage of hazardous materials or other materials that may be injurious to the
general welfare of the public.
4. The area used for outdoor storage shall be surfaced with a hard surface material at all times, as
approved by the City Engineer.
5. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall
screen the outdoor storage area.
6. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of
sufficient width to accommodate emergency vehicles as needed.
The height of materials stored, excluding operable vehicles and equipment, shall not exceed the
height of the screening provided.
Ayes-Thompson, Fiorendino, Szurek, Schmitt
Nay-Peterson. MOTION PASSED.
The following Resolution will go to the City Council at the meeting of September 11, 2006.
P.60
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PAGE 22
SEPTEMBER 6, 2006
DRAFT RESOLUTION NO. XXXX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
SAVERS
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-0901) has been submitted by Darren Farwell of Savers to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 4849 Central Avenue
LEGAL DESCRIPTION: On File at City Hall
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section 9.112 (D)(2), to allow outdoor storage in the MXD, Mixed-Use District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code
on September 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.
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.
P.61
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SEPTMBER 6, 2006
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 nun and void if the project has not been completed within one (1) calendar
year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The outdoor storage shall be located within the setback requirements of the GB, General
Business District.
2. There shall be no outdoor storage of materials located on the public right-of-way.
3. There shall be no storage of hazardous materials or other materials that may be injurious to the
general welfare of the public.
4. The area used for outdoor storage shall be surfaced with a hard surface material at all times, as
approved by the City Engineer.
5. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall
screen the outdoor storage area.
6. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of
sufficient width to accommodate emergency vehicles as needed.
7. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the
height of the screening provided.
Passed this _ day of September 200_
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.62
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PAGE 24
SEPTEMBER 6, 2006
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2006-0902
MAT Properties
5101 University Avenue
Conditional Use Permit for Outdoor Storage
At this time, James Trapp d/b/a MAT Properties is requesting a Conditional Use Permit (CUP) to allow
outdoor storage for his property located at 5101 University Avenue. The present use ofthe property is a
mechanics shop, requiring the need for storage of vehicle-related items. The current tenant currently
stores the excess vehicles parts, such as batteries, engine blocks, tires, car frames, and the like in the
open towards the side and rear of the property. The proposed CUP would allow the tenant to store the
materials needed for the business behind a privacy fence and out of public view.
This property has had numerous City Code violations in the past several years. The City has received
many complaints regarding the general upkeep of the property, including the storage of outdoor
materials, junk vehicles and other items on the site. The proposed CUP would be a positive step in
trying to make the property a more aesthetically appealing piece ofland.
Comprehensive Plan
The Comprehensive Plan designates the property as medium density residential. The property, however,
is zoned GB, General Business. The proposal is consistent with the intent of the City's Comprehensive
Plan for commercially zoned properties.
Zoning Ordinance
The property located at 5101 University Avenue is zoned GB, General Business as are the properties to
the north and south. The properties to the east are zoned R-2A, One and Two Family Residential, and
the properties to the west are located in the City of Fridley. The Zoning Code at Section 9.110 (E)(3)
allows for outdoor storage as a Conditional Use. The Specific Development Standards at Section 9.1 07
state the criteria in which the outdoor storage shall be used. These standards state the following:
a) The outdoor storage area shall be accessory to a commercial or industrial use.
The storage area will be accessory to AAs Automotive, Inc." which is a commercial use.
b) Outdoor storage within the public right-of-way is prohibited.
The proposed location for the outdoor storage is located fully within the property boundaries. A
condition will be implemented prohibiting storage on the public right-of-way.
c) All outdoor storage areas shall meet the setback requirements for a principal structure in the
zoning district in which the use is located.
The setback requirements for the GB District are as follows:
Front yard: 15 feet
Side yard: 0 feet
Corner side yard: 15 feet
Rear yard: 20 feet
The site plan accompanying the CUP application indicates that these setback requirements
would be met.
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SEPTEMBER 6, 2006
d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front building
line of the principal structure.
The site plan accompanying the CUP application indicates that the outdoor storage area will be
located in the side and rear yards.
e) The storage area shall be fenced and screened from adjacent uses and the public right-of-way.
Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than
six (6) feet in height and no less than 80% opaque on a year round basis.
The site plan accompanying the CUP application indicates that a 6-foot tall privacy fence will be
erected around the perimeter of outdoor storage area.
f) All goods, materials and equipment shall be stored on an impervious surface.
The area in which the outdoor storage area will be located is current hard surfaced. A condition
of approval will be included indicating that at all times, the outdoor storage materials shall be
stored on an impervious surface.
g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of
sufficient width to accommodate emergency vehicles as needed.
h) The height of materials stored, excluding operable vehicles and equipment, shall not exceed the
height of the screening provided.
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.
Outdoor storage is specifically listed as a Conditional Use in GB, General Business District
in the City of Columbia Heights.
(b) The use is in harmony with the general purpose and intent of the comprehensive plan.
The intent of the Comprehensive Plan is to promote a consistent usage of land with what is
currently provided. Although the Comprehensive Plan guides this area for medium density
residential, the underlying zoning is for a commercial use. Outdoor storage is a permitted
conditional use in the GB District, causing the use to be consistent with the Comprehensive
Plan.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The outdoor storage is required for the business to operate. The nature of the business requires
some of the outdoor storage materials to be compatible with a mechanics shop. At no time
shall any of the outdoor storage material be hazardous or injurious in nature to the public
welfare. A condition will be added to this effect.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The required setbacks for outdoor storage for the proposed CUP would help ensure that the uses
of properties in the immediate vicinity would not be diminished in any capacity.
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PAGE 26
SEPTEMBER 6, 2006
(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.
Outdoor storage in a commercially zoned area would be consistent with the character of the
surrounding area, which is zoned commercial to the north and south.
(f) The use and property upon which the use is located are adequately served by essential public
facilities and services.
The property located at 5101 University Avenue meets this criterion.
(g) Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
The nature of outdoor storage does not and will not generate an excess of traffic, and will not
create traffic congestion. Measures will be taken to ensure that on-site circulation is
provided.
(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.
Being that outdoor storage is allowed in the General Business District with a CUP, it is assumed
that there would be no negative cumulative effect of the proposed use on other uses in the
immediate vicinity.
(i) The use complies with all other applicable regulations for the district in which it is located.
The proposed use will comply with all other applicable regulations for the district.
Staff recommends that the Planning Commission recommend that the City Council approve the
Conditional Use Permitfor outdoor storage for the property located at 5101 University Avenue, subject
to conditions of approval outlined in the motion included in the agenda packets.
Questions by Members:
Peterson wanted clarification as to who the applicant is-the owner, or the tenant? Sargent explained
that the tenant is asking for the Conditional Use Permit with the owners knowledge and support due to
the number of complaints that have been received on this property.
Peterson questioned whether there would be two fences on the east side of the property along the alley
since there is already one that runs the entire length ofthe alley. Sargent stated the fencing
requirement is for a fence that is a minimum height of 6 ft. around the perimeter of the hard surface
storage area, not necessarily to the property line and is not sure whether it would be tied into the existing
one or if it would be a separate fence. Peterson thought it should be a condition that two fences not be
allowed as it would be a catch all of garbage and weeds between the two.
Peterson was also concerned that if the fencing were approved, that more unsightly storage items might
be added to the site. He didn't think the fencing was adequate to screen the storage items from the
neighbors in the apartment building next door. Sargent responded that the fencing does meet the
minimum requirements of the Conditional Use Permit being requested as it screens from Public view the
items being stored. He went on to explain that puhlic view is what is seen from 51 51 Avenue and from
P.65
PLANNING & ZONING COMMISSION MINUTES
PAGE 27
SEPTEMBER 6, 2006
University Avenue, not the 3rd floor of an apartment next door. He reminded the members that if the
conditions listed aren't met, the CUP is violated. He believes the tenant/owners are making an attempt
to clean up the sight and this is a step in the right direction. He also explained that the property owners
have rights to use their property, and that those rights cannot be obstructed.
Fiorendino asked why autos are not included in the "storage cannot exceed the height of the fence".
Sargent explained that many trucks or vehicles that may be having work done on them would be higher
than 6 feet. But the fencing would screen most of the vehicles and the miscellaneous storage kept on
site.
Thompson questioned whether the plan to remove an existing retaining wall had been reviewed by the
City Engineer. Sargent stated it had been reviewed by the City Engineer, the Bldg. Official and the Fire
Dept. and no one had an issue with it.
Schmitt asked what would prohibit this from being used as a junk yard? Sargent explained that the
materials that are stored on site would have to be useful to an auto repair business. If other items are
stored, it would violate the CUP and it would be revoked. Sargent also stated he thought it would be a
good idea to add the wording "open storage" to condition #4, which would mean all tires have to be in
an enclosed container or cage. It was noted that the storage and/or containers cannot exceed the height
of the fencing.
The Public Hearing was opened.
Jim Trapp and Glenn Miske, owners of the property for 25 years were present. Trapp told the members
he would like to use cedar fencing all the way around the perimeter as submitted. He will make it
whatever height the City wants and he will see that the tires are enclosed in an 8 foot storage container.
They are anxious to get the site cleaned up and back into compliance. It is their hope that sometime in
the future they may get a license for auto sales again. He also informed members that the present fence
along the alley runs the entire block and is for safety so no one steps off the high bank.
Peterson questioned what the height limit was for non-residential fences. Sargent stated the fencing
can't be more than 8 ft in height per the Zoning Code. And any fencing over 6 ft in height would
require a building permit. If that is the case, then the type of fencing and its location would need to be
approved by staff before the permit could be issued.
Mitchell Watson, of 5056 4th St. has concerns about this request He brought in pictures ofthe site that
were taken 9/312006. Although, he's happy the current tenants want to improve the property, he has
several issues he'd like addressed.
1. It has been unsightly for quite some time, and the fencing will only encourage them to add
items to be stored and thus, would make it worse.
2. He opposes it for safety reasons. Anyone getting into the area, including children, could get
hurt.
3. He has environmental concerns due to hazardous substances that may be stored there such as:
gas, oil, grease, solvents, batteries, tires, etc. He believes these contaminants will get into the
P.66
PLANNING & ZONING COMMISSION MINUTES
PAGE 28
SEPTEMBER 6, 2006
ground water, the storm sewer system, and soil. How will they be contained? And he believes
the conditions fail to define what can or cannot be stored there. And he wondered who would be
responsible for policing it.
4. He believes the lack of concern for how the property has looked for years is testimony of how
the outdoor storage will be handled in the fhture.
He asked the commission to deny the request.
David Sob erg, of 51 00 4th 8t. stated he has been mowing and trimming along that alley fence for
years since no one maintains it from the property in question. He is concerned as to who will
maintain additional fencing on the property if it is added.
Donna Running of 5048 4th St agrees with Mr. Watson. She says it has been a neighborhood eyesore
for years and wants something done to clean it up. She wondered why it has taken so long.
Jay Barta, the current tenant, said he is making every effort to clean up the sight. The old tenant left
behind about 25 vehicles he has had to deal with. He has taken care of any hazardous materials and they
are no longer stored outside. He will make sure the tires are stored in containers. He assured the
members that the Police come through the site about once a week and have issued him 10-20 citations
thus far.
Barta stated he wanted to install the north and south fence that would connect to the current alley fence.
Sargent said that if the pictures and measurements supplied by Mr. Watson were correct, and the fence is
only 5 feet in height, that Mr. Barta would need to replace that fencing also. The requirement is to have
a minimum fence height of 6 feet and that it is a consistent height around the perimeter.
Barta questioned whether the fence is the City's or the property owners along the aiiey. This wiii be
checked out before the section along the alley is replaced.
Peterson would like more information on the fencing before making a decision. He was concerned with
how the site will be used ifthe fencing is approved. He doesn't want to make the situation worse for the
neighbors. He knows it is the commission's responsibility to uphold the code, but there are some gray
areas on how to interpret the code, in his opinion.
Szurek stated the request does meet the conditions that have been set in place by the governing body. If
the conditions meet the requirements, then there is no reason to deny. The members cannot decide if
they like the business or not, or ifthey necessarily approve of the use. They must make their decision
based on whether it meets the guidelines in place, and vote accordingly. Fiorendino agreed that if the
conditions are met, it should be approved. In order to deny the request there must be grounds.
Sargent reminded the members that if the conditions are not upheld, the CUP can be revoked.
Peterson then clarified that if residents had concerns they should go to the City Council who is the
governing body. The City Council is the body that sets or changes policies.
The Public Hearing was closed.
P.67
PLANNING & ZONING COMMISSION MINUTES
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SEPTEMBER 6, 2006
Motion by Schmitt, seconded by Fiorendino, that The Planning Commission recommends that the City
Council approve the Conditional Use Permit for outdoor storage, subject to certain conditions of
approval that have been found to be necessary to protect the public interest and ensure compliance with
the provisions of the Zoning and Development Ordinance, including:
1. The outdoor storage shall be located within the setback requirements of the GB, General
Business District.
2. There shall be no outdoor storage of materials located on the public right-of-way.
3. There shall be no storage of hazardous materials or other materials that may be injurious to the
general welfare of the public.
4. There shall be no open outdoor storage of vehicle tires on site.
5. There shall be no cars for sale on the property, and customers shall not buy vehicles from the
site, unless a Conditional Use Permit is granted in the future to allow this.
6. The area used for outdoor storage shall be surfaced with a hard surface material at all times, as
approved by the City Engineer.
7. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall
screen the outdoor storage area.
8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of
sufficient width to accommodate emergency vehicles as needed.
The height of materials stored, excluding operable vehicles and equipment, shall not exceed the
height of the screening provided.
Ayes-Thompson, Fiorendino, Schmitt, Szurek Nays-Peterson. MOTION PASSED.
The attached Resolution will go before the City Council at the September 11, 2006 meeting.
DRAFT RESOLUTION NO. XXXX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
MAT PROPERTIES, INe.
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-0902) has been submitted by James Trapp of MAT Properties to
the City Council requesting a conditional use permit from the City of Columbia Heights at the following
site:
ADDRESS: 5101 University Avenue
LEGAL DESCRIPTION: Lot 16, Block 5, Roslyn Park.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section 9.110 (E)(3)(h), to allow outdoor storage in the GB, General Business District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code
on September 6, 2006;
P.68
PLANNING & ZONING COMMISSION MINUTES
PAGE 30
SEPTEMBER 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.
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 RESOL YED, 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. The outdoor storage shall be located within the setback requirements of the GB, General
Business District.
2. There shall be no outdoor storage of materials located on the public right-of-way.
3. There shall be no storage of hazardous materials or other materials that may be injurious to the
general welfare ofthe public.
4. There shall be no outdoor storage ofvehic1e tires on site.
5. There shall be no cars for sale on the property, and customers shall not buy vehicles from the
site, unless a Conditional Use Permit is granted in the future to allow this.
6. The area used for outdoor storage shall be surfaced with a hard surface material at all times, as
approved by the City Engineer.
7. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall
screen the outdoor storage area.
P.69
PLANNING & ZONING COMMISSION MINUTES
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SEPTEMBER 6, 2006
8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of
sufficient width to accommodate emergency vehicles as needed.
9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the
height of the screening provided.
Passed this _ day of September 200_
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2006-0903
Bonnie Stanley
3900 Main Street
5-foot side yard setback variance, 17.5-foot corner side yard
setback variance
At this time, Bonnie Stanley is requesting two (2) variances too facilitate the construction of a new deck
for her home located at 3900 Main Street. The first is a 5-foot side yard setback variance per Code
Section 9.109 (C), and the second is a 17.5-foot comer side yard setback variance per Code Section
9.109 (C).
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area towards Low Density Residential, and the current use is a
single-family residence. The use is consistent with the types of uses found in Low Density
classifications. The proposal will include the construction of deck for the home, which is also consistent
with the Comprehensive Plan.
P.70
PLANNING & ZONING COMMISSION MINUTES
PAGE 32
SEPTEMBER 6, 2006
ZONING CODE
The property is zoned R-3, Limited Multiple Family Residential District, as are the properties to the
north, east, and south. The properties to the west are zoned I, Industrial. The R-3 District requires the
following minimum setback requirements:
Front yard: 30 feet
Side yard: 20 feet
Comer side yard: 30 feet
Rear yard: 25 feet
The applicant's lot is located on the comer of 39th Avenue NE and Main Street and is 50 feet in width.
Any improvement to the property would have to meet the minimum side yard setback of 20 feet and the
minimum comer side yard setback of 30 feet. Given this, the current setback requirements would make
it impossible for the applicant to building anything on her property without first obtaining a variance to
do so.
FINDINGS OF FACT
The following are required findings that the City Council must make before approving a variance
request in the City of Columbia Heights:
1. Because of the particular physical surroundings, or the shape. configuration. topography, or
other conditions of the specific parcel of land involved, strict adherence to the provisions of
this article would cause undue hardship.
The hardship for this property is that the property is not wide enough to accommodate any type
of new construction. The minimum setback requirements imposed by the Zoning Code disallow
the applicant to construct anything on the property. For this reason, the applicant is unable to use
her land in the same manner as other residents in the R-3 District.
2. The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
The subject parcel is a comer lot on 50-foot wide lot. The conditions upon which the variance is
based are unique to all comer lots of this dimension in the R-3 District.
3. The difficulty or hardship is caused by the provisions of this article and has not been created
by any person currently having a legal interest in the property.
The provisions of the Zoning Code require setback standards that are too extreme for this
particular piece of property. The applicant has not created the hardship being used to justify the
granting of the variance requests.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
The intent of the Comprehensive Plan for this area is to promote Low Density Residential
housing. Improvements on a preexisting low-density residence are completely consistent with
the purpose and intent of the Comprehensive Plan.
P.71
PLANNING & ZONING COMMISSION MINUTES
PAGE 33
SEPTEMBER 6, 2006
5. The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development or value of property or improvements
in the vicinity.
Granting these variance requests would support the type of housing that the Comprehensive Plan
is gearing towards. The addition of a deck to the residence located at 3900 Main Street would
not be materially detrimental to the public welfare in any way.
CONCLUSION
After reviewing this variance application, Staff has come to the conclusion that the setback requirements
for the R-3 District pertaining to one and two family dwellings may be too restrictive. Staff will be
reviewing the setback requirements and conducting a survey of all the R-3 zoned parcels within the City.
Staffwill focus on the single and two family uses throughout the R-3 District to determine if a change in
the Zoning Code will be necessary. Granting the applicant's variance requests would allow the applicant
to use her property in the same fashion as any other single-family dwelling owners can utilize theirs.
Staff will recommend approval of the variance requests for these reasons.
Questions from Members:
Fiorendino asked for the definition of a side yard. Sargent explained this and how the current setbacks
affect all corner lots that are 40' -50' in width in the R3 district. He said it is something that will need to
be changed when the Zoning Code is amended, as it makes it impossible to build on these lots under the
current requirements.
The Public Hearing was opened.
Noone wished to comment.
The Public Hearing was closed.
Motion by Peterson, seconded by Thompson, that the Planning Commission recommend the City
Council approve 5-foot side yard setback variance and the 17.5-foot corner side yard setback variance
for the construction of a deck located at 3900 Main Street with the following condition:
1. All application materials, maps, drawings and other descriptive information submitted
with this application shall become part of the permit.
All ayes. MOTION PASSED.
The following Resolution will go to the City Council on September 11,2006.
P.72
PLANNING & ZONING COMMISSION MINUTES
PAGE 34
SEPTEMBER 6, 2006
DRAFT RESOLUTION NO. XXXX
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR THE STANLEY RESIDENCE
WHEREAS, a proposal (Case # 2006-0903) has been submitted by Bonnie Stanley to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3800 Main Street
LEGAL DESCRIPTION: Lot 14, Block 73, Columbia Heights Annex to Minneapolis.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback variance
per Code Section 9.1 09 (C), and a 17.5- foot comer side 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 September 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 ofland involved, where strict adherence to the provisions ofthis
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.
P.73
PLANNING & ZONING COMMISSION MINUTES
PAGE 35
SEPTEMBER 6, 2006
FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall
become part of this variance and approval; and in granting this variance the city and the applicant agree
that this variance shall become null and void if the project has not been completed within one (1)
calendar year after the approval date, subject to petition for renewal ofthe permit.
CONDITIONS:
1. All application materials, maps, drawings and other descriptive information submitted with this
application shall become part of the permit.
Passed this _ day of September 2006
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
NE\V BUSINESS
None
MISCELLANEOUS
None
Motion by Fiorendino, seconded by Schmitt, to adjourn the meeting at 9:35 pm.
Respectfully submitted,
Shelley Hanson
Secretary
P.74
P.75
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: September 11, 2006
ITEM: Establish Meeting Date to
Canvass 2006 Primary Election Results
NO:
BY: Walt Fehst
AGENDA SECTION: Consent
NO:
ORIGI}.!A TI}.!G DEP ARTr-.1ENT:
CITY MANAGER'S
DATE: September 7, 2006
It is necessary to establish a date to canvass the 2006 Primary Election results.
It is recommended the canvass meeting be scheduled for Wednesday, September 13, beginning at
5:30 p.m. in the City Council Chambers.
RECOMMENDED MOTION:
MOTION: Move to establish the Canvass of the 2006 Primary Election results for Wednesday,
September 13, 2006 beginning at 5:30 p.m. in the City Council Chambers.
COUNCIL ACTION:
P.76
CITY COUNCIL LETTER
Meeting of Se tember 11, 2006
AGENDA SECTION: Consent
NO. S; - A -i-{
ORIGINATING DEPARTMENT
POLICE
ITEM: Authorize School Liaison Officer
NO. Contract with School District #13
for 2006-2007
BY: Thomas M. Johnson
DATE: August 28, 2006
BACKGROUND
In 1992, the City of Columbia Heights and School District #13 entered into ajoint powers agreement to fund a
school liaison services program. This contract has been renewed each year since then. The program continues
to provide benefits to the School District and the Police Department and is an important part of our juvenile
program. The School District shares expenses equally with the Police Department during the school year.
Total cost for the school year 2006-2007 is $90,209.60 with the school district's share at $33,828.60.
ANALYSIS/CONCLUSION
Officer Mike McGee has held this position since the inception of the program. Officer McGee has established
excellent rapport with the students and staff at the Middle School and the High School. In addition, his
contacts at the schools are invaluable in our investigation of juvenile crime. Officer McGee provides an
excellent role model to students and is a valuable resource to the school and the community. His continued
interaction is an important link between law enforcement and the educational system.
RECOMMENDED MOTION: Move to authorize the Mayor and Police Chiefto enter into ajoint powers
agreement with School District #13 for the provision of a police school liaison officer as stipulated in the
joint powers agreement for the period of September 5,2006, through June 7, 2007.
mId
06-161
COUNCIL ACTION:
P.77
SCHOOL LIAISON OFFICER PROGRAM
COLUl\1BIA. HEIGHTS
POLICE DEPARTMENT
AND
INDEPENDENT SCHOOL DISTRICT #13
Prepared and Submitted by:
Randell Bartlett
May 19,1992
P.78
TABLE OF CONTENTS
Subject
Section
Mission, Goals and Primary Responsibilities of the
School Liaison Officer................ ...............................................................................1
Obj ectives of the School Liaison Officer Position............................................................ ...2
Position Description - School Liaison Officer Position:
Accountability and Education Requirements.............................................................3
Position Description - School Liaison Officer Position:
Qualifications............................................................................................................ .4
Major Areas of Accountability for the
School Liaison Officer Position.................................................................................5
Guidelines for School Liaison Officer Position....................... ....... ............................. ........6
Joint Powers Agreement...................................................................................................... 7
Program Cost Factor Breakdown. ......................................................................... ...............8
P.79
Section 1
MISSION. GOALS AND PRIMARY RESPONSIBILITIES OF THE SCHOOL
LIAISON OFFICER:
Mission Statement:
The School Liaison Officer is placed in the school environment to identify, correct, and
prevent delinquent behaviors and activities, and to create a positive relationship between
youth, police, and other authority figures.
Goals:
To work with and through school administrators, counselors, teachers, and students to
develop a better understanding and a more positive attitude among students as to the role of a
police officer.
To work in liaison with school officials to provide, as much as possible, a safe and crime-free
environment for students and staff.
To act as a law enforcement consultant and educator to Columbia Heights School District
#13 schools located in Columbia Heights and Hilltop.
Primary Responsibilities:
The School Liaison Officer shall function as a law enforcement officer within the school
environment and under the direction of the Columbia Heights Police Department
investigative supervisor. The School Liaison Officer shall act as a resource for students,
teachers, counselors, school administrators and parents. The School Liaison Officer shall
remain conscious that the primary responsibility is that of a law enforcement officer.
The School Liaison Officer plans and coordinates all functions of investigations relating to
juveniles and children, in both criminal and noncriminal matters to effectively solve criminal
cases and build a basis for successful prosecution when warranted and/or make all
appropriate dispositions of noncriminal matters.
The School Liaison Officer also develops and presents investigative reports to the County
Attorney and/or City Prosecuting Attorney for complaints and coordinates with other juvenile
referral agencies to appropriately handle juvenile criminal and noncriminal acts that have
come to the attention of the Department.
P.80
Section 2
THE OBJECTIVES OF THE SCHOOL LIAISON OFFICER POSITION ARE:
Obiective #1:
To provide a formal process or rationale to:
a. Enhance the general safety to students and faculty staff in and around public
schools.
b. Monitor and/or prevent juvenile gang activity and provide intelligence.
c. Reduce the use of uniform officer intervention at school sites forresponse to
school related service demands.
d. Maintain community contact for:
parents, students, neighborhoods, community organizations (PT A and
other service providers)
e. Handle incidents such as minor assaults, thefts, and threats as they occur in
the officer's assigned schools.
Indicator #1 :
Lack of formal or informal complaints or concerns, either written or verbal.
Receipt ofletters, phone calls or personal verbal contacts regarding individual or
program successes.
Obiective #2:
To provide the following services to Columbia Heights School District #13 schools
located in Columbia Heights and Hilltop:
a. To coordinate and directly provide for, in appropriate circumstances, the
general safety of students and staff.
b. To monitor gang activity throughout school property and respond appropri-
ately to non-school related intelligence regarding gang activity.
c. To reduce the number of calls responded to by uniform officers at school
sites.
P.81
School Liaison Program
Page 2
Statement of Objectives
Indicator #2:
Maintain adequate knowledge through review of daily reports, keeping abreast of
the above current problems and disseminating information to Investigations and
Patrol.
Obiective #3:
Complete all investigations assigned or generated III the field to their proper
conclusion.
Indicator #3:
Pass Liaison supervisor's review of completed cases. One hundred percent of
cases must pass this review.
Obiective #4:
Improvement and continual update of Liaison Program.
Indicator #4:
Yeariy evaluations to be prepared by School Officials, Police Department and
Liaison Officer for annual review and evaluation.
During the first year ofthe program, evaluations will be performed monthly and
in writing, being prepared by appointed school and police department personnel.
P.82
Section 3
POSITION DESCRIPTION - SCHOOL LIAISON OFFICER:
ACCOUNTABILITY AND EDUCATION REQUIREMENTS
The School Liaison Officer is a member of the department below the rank of Sergeant.
Officer may be assigned from the rank of police officer to serve as School Liaison Officer.
Officers who desire to serve in this assignment may submit their requests in writing to the
Investigative Unit Supervisor. Officers serving in the assignment may be removed at the
discretion of the Chief of Chief. The appointed School Liaison Officer may vacate this
position with thirty days written notice to the Chief of Police. While serving in this
assignment, officers shall receive a pay differential in accordance with the labor agreement in
effect at the time of the assignment.
Accountable to:
The School Liaison Officer reports to and is directly accountable to the Police Department
Investigative Supervisor and/or the Chief of Police.
Education and Trainin!! Requirements:
POST licensed, supplemented by course work in investigative techniques, interview and
interrogation techniques and crime scene processing techniques, at least three years of
experience as a police officer.
P.83
Section 4
POSITION DESCRIPTION - SCHOOL LIAISON OFFICER:
QUALIFICATIONS
1. Considerable knowledge of the principles of modem investigation techniques.
2. Thorough knowledge of scientific methods of crime detection and criminal
identification.
3. Thorough knowledge offederal, state and local laws and ordinances that are enforced
by the department.
4. The ability to communicate effectively both orally and in writing.
5. The ability to analyze complex criminal transactions and trends and to use information
obtained to successfully charge criminal offenders.
6. The ability to develop informants.
7. The ability to independently manage a number of investigations at anyone time.
8. The ability to manage time effectively.
9. The ability to speak effectively in public.
10. The ability to work effectively with juveniles.
11. To ability to gain cooperation, support, and assistance afthe area church organizations,
County Welfare, County Court Services, Juvenile Court, County and City law
enforcement, and other agencies in the community.
12. To meet as needed with members of the personnel team and police department
representatives to discuss individual student and student body problems that affect
school or police department objectives.
13. The ability to provide educational materials and lectures for the students, the school
staff and the community on juvenile problems and problem areas, available assistance
services for the students and their parents, and other topics deemed important.
P.84
School Liaison Program
Page 2
Qualifications
14. The ability to assist in the classroom in the teaching of physical, mental and social
effects of alcohol and narcotic use and abuse.
15. The ability to train the school staff in matters of school security, symptoms of drug
abuse, etc.
16. The ability to identify and take proactive steps to prevent activities that lead or could
lead to delinquent behavior and/or activities.
17. The ability to establish a favorable rapport with students as a means for preventing
delinquent behavior and activities.
18. The ability to maintain the police image. The School Liaison Officer is responsible for
the enforcement of city and state law, but whose treatment is fair and recognizes he is
working in a juvenile environment. The Juvenile Officer must assure the students and
the staffthat he/she is not in the school to create a police state, he/she is there to assist
the administrative staff and students.
19. The ability to promote informal contacts between the students and the police, to
increase communication and understanding between the two.
20. The ability to meet all other requirements and performance criteria defined for patrol
officer position.
21. The ability to serve as a resource person for law enforcement and juvenile court
procedures. The officer will be in a position with the school to develop a better
understanding and have additional pertinent information for juvenile court determina-
tions.
29. The School Liaison Officer is often in a favorable position to work on many creative
programs and can work with juvenile group leaders trying to interest them in
constructive activities of a recreational or social nature.
P.SS
Section 5
MAJOR AREAS OF ACCOUNTABILITY OF THE SCHOOL LIAISON OFFICER
POSITION:
1. To attend school staff meetings as a resource person in developing and adopting
procedures that will contribute to the prevention of juvenile delinquency.
2. To communicate and cooperate with county welfare officers, probation personnel, and
other members of the professional community when appropriate.
3. To assist school staff members in understanding the Anoka County Juvenile Court
System, law enforcement ramifications, and the technique of court referrals when
necessary.
4. To be a part of the total team effort to provide role models and prevent undesirable
behavior patterns from developing. Endeavor to build and maintain rapport between
youth, school, and police by day-to-day contact as a resource person.
5. To become involved in school and outside youth activities in order to understand
special problems of youth and how they may be positively addressed. Participate in
community affairs as requested or assigned, and be available for lectures to school and
community groups.
6. To facilitate education programs for students; i.e., acts as a resource person in the
continuing development of drug education, etc.
7. To assist and advise in security matters regarding school buildings and properties that
are normally supervised by school staff members upon req uest of appropriate school
official(s).
8. To maintain individual police skills, including physical conditioning. Stay abreast of
developments in the crime prevention and youth relations fields and changes in related
laws and ordinances.
9. To prepare and submit necessary case files regarding cases assigned or investigated.
10. To work under the direction of the investigative supervisor and will accept input from
appropriate school administrative personnel.
P.86
School Liaison Program
Page 2
Major Areas of Accountability
11. Investigates reported crimes, both in and out of the school environment, for the
purpose of collecting evidence and identifying, locating, questioning witnesses and
suspects, and making legal arrests as justified by the facts developed.
12. Obtains and processes physical evidence. Handles or arranges for the processing of a
crime scene including measurements, fingerprints, photos and drawings, etc.
13. Ensures proper development of cases for prosecution, builds an accurate and complete
case file through reports of actions and findings. Coordinates the disposition of all
juvenile matters to provide for unified approach.
14. Ensures proper disposition of cases for prosecution, builds an accurate and complete
case file through reports of actions and findings. Coordinates the disposition of all
juvenile matters to provide for a unified approach.
15. Ensures proper disposition of all assigned cases, meets with the Chief of Police
regularly to review the status of all cases and determines whether to pursue, delay or
close the matter.
16. Confers with parents, other members ofthe Criminal Justice System, and those private
and public agencies within the community which are involved in the case, counseling
or treatment of juveniles, children or family units, in the disposition of matters
involving juveniles and/or children.
1 '7, . n_o.~nrnt~~~ and ~r"",..o.~t-nt-;o.... ~j:' np"''''''''n' "t-o. ""'at-e"';" 1 t-o "'tuAe....t'" "j:' ""1""""'''''nt<l''U ;unI' n,.
.& ~ 1 \.Ipa a lUll p ""'~\"';J.u.al.l 11 V~ a }J.1 up .lav....' 111 \. .11"1 \. ;:) \,.1.1.1. 0 V.L '""' \o,IJ..U'-" J.U..U ",:r, J J. V.l.
and senior high schools.
18. Keeps the Investigative Supervisor advised of all current investigations and performs
all other duties as apparent or assigned.
P.87
Section 6
GUIDELINES FOR THE SCHOOL LIAISON OFFICER POSITION:
1. Work week will be based on a forty-hour week
2. Work hours will be proximate to the school day.
3. Will be assigned a department vehicle and is authorized to take it to their home, so
long as they live within the City of Columbia Heights. Non-police driving is not
authorized.
4. Time commitment is appropriately divided in each ofthe following categories:
a. In-school activity at senior high and middle school
b. Case investigation, training, and meetings as scheduled
c. D.A.R.E.
d. Elementary schools
5. Primary supervisor is the Investigative Supervisor. Secondary supervisor is the Chief
of Police.
6. Must report to a supervisor daily, but is authorized to report immediately to the school
each day if approved.
7. Must be prepared to perform all police functions, as the officer is subject to immediate
call-out for other activities, but must be discreet in the visibility of police equipment.
Q 'IT;11 bo nrot"<l' .-.nod n. ~nrre" anA tko 'Y\.nrro.... ~l'l("lt bo .n.......01l"'r.d-;^n" 1 rlU.....;.......{Y n 11 h,n.l'11l"'C'" ,('ITho", ^n
u~ VV 11 \..0 a~~ 51n.... CLl.Ja15 1, JU L11\,..< pO,5\",;1 UJUi:1L \",; U'p\",;~a.L1Ul al U 11115 at l.1VU.l,:) VV 1\.,,1.11 VI
duty.
9. Break time will be as defined in the union agreement.
10. Will be assigned desk space at the Police Department and will be provided appropriate
office space and supplies by the schools.
11. Must dress in a manner that is acceptable to school administrators and with the
approval of the Chief of Police.
12. The officer is at all times under police supervision, but is expected to work closely
with school administrators and staff. The objective is to solve problems, assist school
staff, and to assist students.
13. Will keep a log and prepare appropriate reports to the Chief of Police.
14. Shall attend the weekly Investigator meetings.
P.SS
Section 7
JOINT POWERS AGREEMENT
This Joint Powers Agreement dated this 11 th day of September 2006 is made pursuant to
M.S. 471.59 by and between the CITY OF COLUMBIA HEIGHTS (City) and
INDEPENDENT SCHOOL DISTRICT #13 (School District).
1. PURPOSE. The purpose of this agreement is to create, fund, and implement the
position of Police School Liaison Officer.
2. DUTIES AND RESPONSIBILITIES. The job description for the School Liaison
Officer is attached.
3. SELECTION PROCESS. From applications of qualified applicants for the position of
School Liaison Officer, one or more candidates will be selected by a selection board
made up of School District #13 personnel and appointed Police Department personnel.
Oral interviews are to be administered by the same selection board. The final
appointment of the School Liaison Officer is at the discretion ofthe Chief of Police.
The School Liaison Officer may be removed from the position at the discretion ofthe
Chief of Police.
4. FlTNuING. The School District and City win share the following expenses equally
during the school year, except in no event may the School District's share of the
expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package:
A. Officer's Salary
B. Position Grade Enhancement
C. Holiday Pay
D. F.I.C.A.
E. Workers Compensation
F. P.E.R.A.
G. Hospitalization
H. Training
1. Vehicle-related Costs
The cost breakdown for 2006-2007 school year is attached.
5. BILLING. The City shall submit a bill to the School District, which will be paid
within thirty days of receipt.
P.89
Page 2
Joint Powers Agreement
6. TERM. This agreement shall commence on September 5, 2006, and shall end on
June 7, 2007.
7. GENERAL PROVISIONS. The Police School Liaison Officer is a city employee and
shall not be considered an employee of the School District for any purpose, including
but not limited to salaries, wages, other compensation or fringe benefits, Workers
Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability
insurance, keeping of personnel records, termination of employment, individual
contracts or other contractual rights. The officer will report to and be directed by the
Investigative Supervisor, but will consult regularly with the School District officials.
The officer will have office space and phone at the School District's high school
without cost to the City.
8. INDEMNIFICATION BY CITY. The School Liaison Officer is a City employee. The
City shall indemnify, hold harmless, and defend the School District, its elected
officials and employees against any and all liability, loss, costs, damages, expenses,
claims or actions which the School District, its officers and employees may hereafter
sustain, incur or be required to pay, arising out of or by reason of any negligent or
willful act or omission of the City, its agents or employees, in the execution,
performance, or failure to adequately perform the City's obligations pursuant to this
agreement.
9. INDEMNIFICATION BY SCHOOL DISTRICT. The School District shall indemnify,
hold harmless, and defend the City, its officers and employees against any and all
liability, loss, costs, damages, expenses, claims or action which the city, its officers
and employees may hereafter sustain, incur or be required to pay, arising out of or by
reason of any negligent or willful act or omission ofthe School District, its agents or
employees, in the execution, performance or failure to adequately perform the School
District's obligations pursuant to this agreement.
10. TERMINATION OF AGREEMENT. Ninety day written notice by either School
District or City is required to terminate the program. The Liaison Officer can be
removed at any time following the written notification oftermination ofthe program.
11. TEMPORARY REASSIGNMENT. Temporary reassignment ofthe Liaison Officer is
at the discretion of the Chief of Police not to exceed thirty consecutive days, contract
to be renegotiated after thirty days.
P.90
Page 3
Joint Powers Agreement
12. Resolution of unforeseen problems arising in this program shall be negotiated by
representatives appointed by the School District and the Chief of Police.
IN WITNESS WHEREOF, THE P ARTIES HAVE EXECUTED THIS AGREEMENT THE
DAY AND YEAR FIRST WRITTEN ABOVE.
CITY OF COLUMBIA HEIGHTS
SCHOOL DISTRICT #13
Gary L. Peterson
Mayor
Dr. Nancy Kaldor
Superintendent of Schools
Thomas M. Johnson
Chief of Police
Keith Roberts
School Board Chair.
P.91
COST FACTOR BREAKDOWN
Section 8
SCHOOL LIAISON OFFICER PROGRAM
2006-2007 School Year
Base Wage:
Patrol Top Wage
Police/School Liaison Officer premium
Longevity (16 years)
Holiday pay
Deferred compo
Overtime allocation
TOT AL BASE WAGE
Compensation and Fringe:
F.I.C.A. (1.45%)
Workers Compensation (3.65%)
P.E.R.A. (11.7% gross wage)
Hospitalization ($645/month)
TOTAL FRINGE BENEFIT COSTS
Miscellaneous Costs:
Training Allowance
Vehic1e Related Expenses
TOTAL MISCELLANEOUS COSTS
TOT AL YEARLY COSTS
To compute monthly total:
$90,209.60 divided by 12 months = $7,517.46
To compute school year total:
$7,517.46 x 9 months (school yr.)= $67,657.20
To compute School District #13 cost:
1/2 of9/12 funding formula = $33,828.60
TOTAL COST TO SCHOOL DISTRICT #13
mId
$4,948.00/month
135.00/month
249.30/month
P.92
$59,376.00/year
1,620.00/9 mos.
2,991.60/year
3,150.00/year
300.00/year
1,800.00/year
$69,237.60/year
1,004.00/year
2,528.00/year
8,100.00/year
7.740.00/year
$19,372.00/year
800.00/year
800.00year
$ 1,600.00/year
$90.209.60
$33.828.60
CITY COUNCIL LETTER
Meeting of: 9111/06
AGENDA SECTION: CONSENT AGENDA
NO: 5 - A - ::;
ORIGINATING DEPARTMENT:
PUBLIC WORKS
BY: K. Hansen ~~~
DATE: 91\1200~
CITY MANAGER
ITEM: CHANGE ORDER NO. I FOR THE HUSET
PARKWAY STREET, UTILITY AND LANDSCAPING
PROJECT NO. 0404.
,~Lr
Background:
The Huset Parkway Improvement Project is now complete. The completed work included utilities: sanitary sewer, storm sewer and
water main, environmental remediation (soils), street reconstruction which included new concrete curb and gutter and bituminous
pavement, a roundabout, bituminous trails and concrete sidewalk, and landscape improvements. The landscaping includes street
lighting, boulevard trees, colored stamped concrete crosswalks, plantings and entrance monumentation.
Analysis IConclusions:
During the course of construction, Public Works staff directed the contractor to provide additional work in addition to the original
contract documents due to field conditions, staff requested changes, unknown conditions and a bid error. The pricing for additional
work items was obtained from the following methods: existing line items from the bid tab, negotiated and approved by the City
Engineer or on a time and material basis.
The work is detailed on the attached change order sheet(s) and can be summarized as follows:
. Item No. I: Temporary roundabout paving
. Item No.2: Street patches
. Item No.3: Stone wall construction
. Item No.4: Disconnect sewer and water services
. Item No.5: Water main repair
. Item No.6: Yard hydrants (plant watering)
. Item No.7: Regrade yard at 609 37th Ave.
. Item No.8: Move storm sewer structure
. Item No.9: Disconnect sanitary sewer services on 38th Ave
. Item No. 10: Plug tee for hydrant and patch street
. Item No. II: Testing and Disposal of PCB contaminated soil
. Item No. 12: Pedestrian crossings
. Item No. 13: Path. lighting and landscaping around pond
Staff recommends approval of Change Order No. I.
Recommended Motion: Move to authorize Change Order No. I for additional site grading, miscellaneous utility work, temporary
paving and street patches, additional 10 foot bituminous trails, stone wall construction and site landscaping to the Huset Parkway
Improvements, City Project 0404 to Frattalone Companies in the amount of $249,720.03 to be funded out of an LCAGrant
($122,769.23), the PIR Fund, or Assessments ($56,331.00), the City State Aid ($66,519.80), Water Fund ($3,020.00), and the
Storm Sewer Fund ($1,080.00).
KH:jb
Attachment:
Changer Ordcr No. I
Frattalonc Correspondence
COUNCIL ACTION:
P.93
CHANGE ORDER NO.1
Project: Huset Parkway
Owner: City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421
City Project: 0404
Date of Issuance: August 22, 2006
Contractor: Frattalone Companies
3205 Spruce Street
St Paul, MN 55117
Engineer: City Engineer
You are directed to make the following changes in the Contract Documents:
Description: See attached.
Purpose of Change Order:
The contract has been modified to include the following:
Staff requested additions, field changes or existing conditions modifications to the contract
documents as detailed on the attached sheet.
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price:
Original Contract Time:
$ 2,562,803.92
Final Completion July 15, 2006
Previous Change Orders No. _ to No. _
$ None
Net Change from Previous Change Order:
None
$ 2,562,803.92
Contract Time Prior to this Change Order:
Final Completion July 15th, 2006
Contract Price Prior to this Change Order:
Net Increase of this Change Order:
Net Increase (Decrease) of Change Order:
$ 249,720.03
122 Calendar Days
Contract Price with all Approved Change Orders:
Contract Time with Approved Change Orders:
$ 2,812,523.95
Final Completion October 31, 2006
By:
APpr~ ~
By.! ,W
(Contract r)
Approved By:
Approved By:
Date of Council Action
Gary Peterson, Mayor
Walter Fehst, City Manager
P.94
Attachment to Change Order No. I
City Project No. 0404
Page]
Owner:
Contractor:
Project:
City of Columbia Heights
Frattalone Companies
Huset Parkway
Description of Changes:
The City requested the following work for additions, changes or modifications to the contract documents:
. Item No. I: Temporary roundabout paving (State Aid)
A temporary bituminous driving surface was installed in the roundabout last fall so it could be opened for traffic.
The cold temperatures prevented the placement of colored concrete.
. Item No.2: Street patches (State Aid)
Full depth bituminous patch was installed on Mill Street.
. Item No.3: Stone wall construction (State Aid and assessments)
The original proposal listed 85 SF. This was the quantity for one wall. Frattalone's bid was for modular block
walls, not stone faced concrete walls. Frattalone is honoring the bid price for one wall. The extra is for the other
three walls not included in the original proposal. The Engineer's estimate for this work was $368/ft2.
. Item No.4: Disconnect sewer and water service at 500 Mill St (State Aid and Assessments)
The water and sewer service were disconnected at the mains following the demolition of the house.
. Item No.5: Water main repair sth St and 39th Ave (Water Fund)
The water main was exposed during other utility work. The water main pipe was found to be in poor condition in a
localized area and needed repair.
. Item No.6: Yard hydrants (State Aid and Assessments)
Two yard hydrants were added to the project.
. Item No.7: Regrade yard at 609 3ih Ave (State Aid)
The yard was regraded to provide a gentler slope after installation of the public sidewalk. This lot is actually a
small city-owned lot that the adjacent neighbor maintains.
. Item No.8: Move structure 700A (Storm Sewer Fund)
New storm sewer was added in lieu of a pond near 37lh Ave. The structure was in confl ict with the new storm
sewer.
. Item No.9: Disconnect sanitary sewer services on 38th Ave (State Aid and Assessments)
The sewer services were disconnected at the mains following the demolition of the buildings.
. Item No. 10: Plug tee for hydrant and patch 40lh Ave (State Aid)
The hydrant needed to be relocated to accommodate Anoka County's requirement for 30' radius at the corner of
40th Ave and Jefferson St.
. Item No. II: Testing and Disposal of PCB contaminated soil (State Aid and assessments)
PCBs leaked from a pipe and contaminated the surrounding soil on 5th St, north of39th Ave. The contaminated soil
required special handling and had to be trucked to a disposal site in Texas.
P.9S
Attachment to Change Order No.1
City Project No. 0404
Page 2
. Item No. 12: Pedestrian crossings (LCA Grant)
Pedestrian crossings were added at the parking lot entrance for Murzyn Hall, on 5th St and on Jefferson St at 40th
Ave.
. Item No. 13: Path, lighting and landscaping around pond (LCA Grant)
A path, pedestrian lights and landscaping were added around the pond.
Item No. Item Description Unit Quantity Unit Price Total Price
1 Temporary roundabout paving Ton 38 $ 90.45 $ 3,437.10
2 Street patches Ton 96 $ 90.45 $ 8,683.20
3 Stone wall construction SF 255 $ 336.00 $85,680.00
4 Disconnect sewer & water service - 500 Mill St LS 1 $ 5,235.00 $ 5,235.00
5 Water main repair - 5th St and 39h Ave LS 1 $ 3,020.00 $ 3,020.00
6 Yard hydrants
A. 1" Corporation stop Ea " $ 300.00 $ 900.00
.J
B. 1 " Curb stop and box Ea 3 $ 300.00 $ 900.00
C. Hose bib Ea 2 $ 1,000.00 $ 2,000.00
D. 1" Type K copper pipe Ea 440 $ 21.00 $ 9,240.00
7 Regrade yard - 615 3ih Ave (City owned) LS 1 $ 929.50 $ 929.50
8 Move structure 700A LS 1 $ 1,080.00 $ 1,080.00
9 D' . . 38th A LS 1 $ 3,805.00 $ 3,805.00
Isconnect samtary sewer serVIces - ve
10 Plug tee for hydrant and patch - 40th Ave LS 1 $ 5,860.00 $ 5,860.00
11 Testing and disposal of PCB contaminated soil LS 1 $ 4,900.00 $ 4,900.00
12 Pedestrian crossings - Murzyn, 5th St, 40th Ave
A. 8" Concrete pavement SY 16 $ 45.00 $ 720.00
B. 8" Concrete pavement - color treatment SY 64 $ 125.00 $ 8,000.00
13 Path, lighting and landscaping around pond
A. Common excavation CY 319 $ 7.25 $ 2,312.75
n 3" Bituminous walk QC 1 ..., " 1 () <!: 1.70 <!: ') 0 v; 7 ()()
D. .Jl 1/,klV '" '-II........,.......... f .vv
C. Lighting unit type special Ea 9 $ 3,447.55 $31,027.96
D. Light base design Ea 9 $ 755.12 $ 6,796.07
E. Nonmetallic conduit LF 1,200 $ 1.98 $ 2,376.77
F. Underground wire LF 2,500 $ 2.33 $ 5,818.13
G. Coniferous tree, 6' ht. Tree 10 $ 302.00 $ 3,020.00
H. Coniferous tree, 8' ht Tree 5 $ 412.00 $ 2,060.00
I. Deciduous tree, 212" cal. Tree 9 $ 412.00 $ 3,708.00
J. Perennial Plant Ea. 1,655 $ 11.00 $18,202.80
K. Bulbs Ea. 2,145 $ 0.35 $ 750.75
TOTAL CHANGE ORDER 1: $249,720.03
LCA Grant A ward:
State Aid:
Project Assessments:
Water Fund:
Storm Sewer Fund:
$122,769.23
$ 66,519.80
$ 56,331.00
$ 3,020.00
$ 1,080.00
P.96
raltalone
E S
. Excavating' Grading' Utilities' Demolition . Environmental . Custom Crushing
February 13, 2006
Mr. Kevin Hansen, P.E
City of Columbia Heights
637 - 38th Ave N.E.
Columbia Heights, MN 55421
RE: Stone Wall Construction - Extra Costs
Huset Parkway Area Improvements
Dear Kevin,
This letter is a follow-up to our meeting on February 1,2006. I am sending you the explanation and
breakdown for the additional reimbursement we are requesting associated with the stone walls in the
round-about at Jefferson and 39th. You and I discussed the fact that the bid proposal has an error in the
quantity listed for bid item 56 - Stone Wall. The contract quantity listed is 85 square feet, which is
enough for one wall. There are four walls shown on the plans. SEH, the engineer for the project, has an
error in their bid sheet quantity which should have listed 340 square feet for the project.
We have also discussed the fact that we too, made an error in our bid for this item. We received two
quotes from sub-contractors to perform the work. Both quotes were from modular block wall contractors;
one was $30.00/sf and the other was $24.00/sf Both contractors pulled their bids stating they hadn't seen
plans and their prices were based on using modular blocks to build the walls. I am enclosing copies of
their proposals \vith this request. Our bid item 56 is $35.00 per square foot.
I have obtained three prices for the walls, and include copies of the quotes for this item:
Northland Concrete
Gresser Concrete
Jay Brothers
$305.00/sf
$385.00/sf
$350.00/sf
$25,925.001 ea
$32,725.00/ea
$29,750.00Iea
Neither Northland nor Gresser include excavation or backfill in their proposals. Following is an itemized
breakdown of Northland Concrete's price:
Excavation & Backfill
$1,200.00Iea
Concrete Footing
Labor
Materials
1,056.00
433.00
Rebar labor & materials
740.00
P.97
2
Concrete WaUs
Labor
Materials
1,587.00
3,391.00
Limestone Veneer
Labor
Materials
6,546.00
3,872.00
Limestone Cap
Labor
Materials
1,454.00
6,558.00
Stone Washing
338.00
5% Markup on subs
1,300.00
TOTAL COST
$28,575.00/each
$336.18/square foot
Weare the victim of our own error and are willing to stand by our quoted price for the first 85 square feet.
However, we cannot afford to take the hit for the SEH quantity error.
ARTICLE 11.03.D of the General Conditions is designed to prevent UNJUST ENRICHMENT by both
the Owner and Contractor. In accordance with this ARTICLE, we request an adjustment to Unit Price 56
- Stone Walls to cover the three additional walls omitted in the original proposal. We request that the unit
price be adjusted from $35.00 per square foot to $336.00, or an additional $301.00 for the additional 255
square feet. The cost for this error is 255/sfx $336.00/sffor a total of$85,680.00.
I am enclosing copies of the original quotes for this item that we had at bid time. The two contractors that
quoted the work rescinded their quotes after the bid. I am also enclosing copies of the three quotes that we
recently received for the construction 'of the stone walls, including a breakdown of the costs submitted by
NortWand Concrete. We propose to use Northland Concrete to build the stone walls as well as the other
monuments and signs included in this bid package.
If you have any questions regarding this, please give me a call.
Sincerely,
~TT. AL9fE COMPANIES, INC
W#t/j :)fI~U
Larry Langer, P .E.
(Enclosures)
P.9S
B, All other work, including the final wear course, landscaping and restoration, will be substantially
completed on or before July 1, 2006.
C All project work will be completed and ready for final payment in accordance with Paragraph 14,07
of the General Conditions on or before July 15,2006.
4,03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will
suffer tinancialloss if the Work is not completed within the times specified in Paragraph 4,02, plus
any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties
also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly,
instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty), Contractor shall pay Owner $1,500.00 for each day that expires after the time
specified in Paragraph 4,02 for Substantial Completion until the Work is substantially complete,
After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining
Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall
pay Owner $1,500.00 for each day that expires after the time specified in Paragraph 4.02 for
completion and readiness for final payment until the Work is completed and ready for final payment
ARTICLE 5 - CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an
amount in current funds equal to the sum of the amounts determined pursuant to the following
paragraph(s):
A. For all Unit Price Work, an amount equal to the sum of the establisEed unit price for each separately
identified item of Unit Price Work times the estimated quantity for that corresponding item as
indicated in Contractor's Bid.
-:~As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed,
and determinations of actual quantities and classifications are to be made by Engineer as provided in
Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph
11.03 of the General Conditions.
ESTIMATED TOTAL OF ALL UNIT PRICE WORK:
($
(words)
(numerals)
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the Gen~ral
Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make monthly progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment during performance of the Work as provided in Paragraph
6.02.A.l below. All such payments will be measured by the schedule of values established in
P.99
Standard Form of Agreement
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COLHT0403.01
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9.06
If
-,
,
I
i
.
Ii
and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary
CondJtions.
Authon::ed Varwtions in Work
A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do
not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be
accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work
involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price
or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if
any, of any sllch adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
Rejecting Defective Work
A. Engineer will have authority to reject Work which Engineer believes to be defectjve, or that Engineer believes
will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity
of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph
13.04, whether or not the Work is fabricated, installed, or completed.
Shop Drawings, Change Orders and Payments
A. In connection \lith Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see
Paragraph 6.17.
B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings
submitted in reSponse to a delegation of professional design services, if any, see Paragraph 6.21.
.of'
C. In connection with Engineer's authority as to Change Orders, see Articles 10, II, and 12.
9.07 Determineltionsfor Unit Price Work
D. In connection with Engineer's authority as to Applications for Payment, see Article 14.
A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor.
Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering
a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written
decision thereon will be tinal and binding (except as modified by Engineer to retlect changed factual conditions
or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05.
9.08 Decisions on Requirements of Contract Documents Clnd Acceptability of Work
A. Engineer will be the initial interpreter of .the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor
arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of
the requirements of the Contract Docllments pertaining to the performance of the Work, will be referred initially
to Engineer in writing within 30 days of the event giving rise to the question
B. Engineer will, with reasonable promptness, render a written decis'ion qn the issue referred. If Owner or Contractor
believe that any such decision entitles them to an adjustmeut in the Contract Price or Contract Times or both, a
Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event gi ving
rise to the issues referenced for the purposes of Paragraph 10.OS.B.
EJCDC C-700 Standard General Cundilinn. nf t\]e Construction Contracts
Copyright I!:> 2002 National Society of ProfessionalP.l OOers for EJCDC. All righ ts reserved.
Page J[ of 50
\\.03
c.
Each unit price will be deemed to include an amount considered by Contractor ID be adequate to cover
Contractor's overhead and profit for each separately identified item.
~D.
Owner or Contractor mJY make a Claim for an Jdjustment in the Contract Price in accordance with
Paragraph 10.05 if:
1. the quantity of any item of Unit Price Wark performed by Contractor differs materially and significantly from
the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect any other item of Work; and
3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred
additional ex.pense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties
are unab Ie to agree as to the amount of any such increase or decrease.
".
ARTICLE 12 - CI-L'-\.J.'lGE OF CONTRA.CT PRlCE; CRA.NCE OF CONTR<\CT TIIYIES
12.01
Change a/Contract Price
i! ~.
A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price
shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to
the Contract in accordance with the provisions of Paragraph 10.05.
{. ;
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be
determined as follows:
k"~1
1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of
such unit prices to the quantities .of the items involved (subject to tbe provisions ofParagniph 11.0~); or
~:".i.
2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance
with Paragraph 12.01.C.2); or
~t:>!
3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement
to a lump sum is not reached under Paragraph] 2.0 J.B.2, on the basis uf the Cost of the Work (determined as
provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in
Paragraph 12.0I.C).
-' g_.
C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows:
e..!,
1. a mutually acceptable fixed fee; or'
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the
Cost of the Work:
L,lt
a. for costs incurred under Paragraphs 11.01.A. I and 1 1;0 1.A.2, the Contractor's fee shall be 15 percent;
it .",
b. for c;osts incurred under Paragraph 1 LOLA.3, tbe Contractor's fee shall be five percent;
f J
c. where one or more tiers of subcontracts are on the basis of c'ost of the Work plus a fee and no fixed fee
is agreed upon, the intent of Paragraph 12.0 l.C.2.a is that the Subcontractor who actually performs the
Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor
under Paragraphs 11.0 l.A.l and 11.0 LA.2 and that any higher tier Subcontractor and Contractor will
each be, paid a fee of five percent of the amount paid to the next lower tier Subcontractor;
t....J
EJCDC C-700 Standard General C .. " 15 of the Construction Contracts
Copyright <!J 2002 National Society ofl'rofer.1 0 l:ngineers for EJCDC. All rights reserved.
Page 37 of 50
t c.:
COLUMBIA HEIGHTS CITY COUNCIL LETTER
eetmg 0 : eptem er ,
AGENDA SECTION: Consent Items ORIGINATING DEP AR TMENT: CITY MANAGER'S
NO: !)- - A - fa Community Development APPROVAL
ITEM: Approval of a 5-foot side yard setback BY: Jeff Sargent, City Planner ~~
variance and a 17.5-foot comer side yard DATE: September 7,2006 .- , ./If
\ . . (f /1 it -
setback variance for a deck located at 3900 JS ( r '-'7
Main St. Resolution 2006-139.
M
f S
b 11 2006
BACKGROUND:
At this time, Bonnie Stanley is requesting two (2) variances to facilitate the construction of a new deck for
her home located at 3900 Main Street. The first is a 5-foot side yard setback variance, and the second is a
17.5-foot comer side yard setback variance.
The Comprehensive Plan guides this area towards Low Density Residential, and the current use is a
single-family residence. The use is consistent with the types of uses found in Low Density classifications.
The proposal will include the construction of deck for the home, which is also consistent with the
Comprehensive Plan.
The applicant's lot is located on the comer of 39th Avenue NE and Main Street and is 50 feet in width.
Any improvement to the property would have to meet the minimum side yard setback of 20 feet and the
minimum comer side yard setback of30 feet. Given this, the current setback requirements would make it
impossible for the applicant to building anything on her property without first obtaining a variance to do
so.
RECOMMENDATION:
The Planning Commission held a public hearing on September 6, 2006 and recommended that the City
Council approve Conditional Use Permit based on the stated conditions, with a 5-0 vote.
RECOMMENDED MOTIONS:
Move to waive the reading of Resolution 2006-139, there being ample copies available to the public.
Move to adopt Resolution No. 2006-139, approving the 5-foot side yard setback variance and the 17.5-
foot comer side yard setback variance for the construction of a new deck at 3900 Main Street, subject to
the conditions stated in the Resolution.
A h t R i . M 2006 139 Pi . R
A M S't Pi
ttac men s: eso utlOn o. - , anmng eport, rea aD, 1 e an
COUNCIL ACTION:
P.l02
RESOLUTION NO. 2006-139
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR THE STANLEY RESIDENCE
WHEREAS, a proposal (Case # 2006-0903) has been submitted by Bonnie Stanley to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3900 Main Street
LEGAL DESCRIPTION: Lot 14, Block 73, Columbia Heights Annex to Minneapolis.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback
variance per Code Section 9.109 (C), and a 17.5-foot comer side yard setback variance per
Code Section 9.1 09 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on September 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 ofthe City of Columbia Heights
that the City Council accepts and adopts the following findings of the Planning Commission:
I. Because of the 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.
P.103
Resolution No. 2006-139
Page 2
FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information
shall become part of this variance and approval; and in granting this variance the city and the
applicant agree that this variance shall become null and void if the project has not been completed
within one (1) calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS:
1. All application materials, maps, drawings and other descriptive information
submitted with this application shall become part of the permit.
Passed this _ day of September 2005
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.l04
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER: 2006-0903
DATE: September 6, 2006
TO: Columbia Heights Planning Commission
APPLICANT: Bonnie Stanley
LOCATION: 3900 Main Street
REQUEST: 5-foot side yard setback variance, 17.5-foot corner side yard
setback variance
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, Bonnie Stanley is requesting two (2) variances to facilitate the construction of
a new deck for her home located at 3900 Main Street. The first is a 5-foot side yard
setback variance per Code Section 9.109 (C), and the second is a 17.5-foot corner side
yard setback variance per Code Section 9.109 (C).
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area towards Low Density Residential, and the
current use is a single-family residence. The use is consistent with the types of uses found
in Low Density classifications. The proposal will include the construction of deck for the
home, which is also consistent with the Comprehensive Plan.
ZONING CODE
The property is zoned R-3, Limited Multiple Family Residential District, as are the
properties to the north, east, and south. The properties to the west are zoned I, Industrial.
The R-3 District requires the following minimum setback requirements:
Front yard:
Side yard:
Corner side yard:
Rear yard:
30 feet
20 feet
30 feet
25 feet
P.lDS
City of Columbia Heights Planning Commission
Stanley Residence, Variance
September 6, 2006
Case # 2006-0903
The applicant's lot is located on the corner of 39th Avenue NE and Main Street and is 50
feet in width. Any improvement to the property would have to meet the minimum side yard
setback of 20 feet and the minimum corner side yard setback of 30 feet. Given this, the
current setback requirements would make it impossible for the applicant to building
anything on her property without first obtaining a variance to do so.
FINDINGS OF FACT
The following are required findings that the City Council must make before approving a
variance request in the City of Columbia Heights:
1. Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this article would cause undue hardship.
The hardship for this property is that the property is not wide enough to
accommodate any type of new construction. The minimum setback requirements
imposed by the Zoning Code disallow the applicant to construct anything on the
property. For this reason, the applicant is unable to use her land in the same
manner as other residents in the R-3 District.
2. The conditions upon which the variance is based are unique to the specific
parcel of land involved and are generally not applicable to other properties within
the same zoning classification.
The subject parcel is a comer lot on 50-foot wide lot. The conditions upon which
the variance is based are unique to all comer lots of this dimension in the R-3
District.
3. The difficulty or hardship is caused by the provisions of this article and has not
been created by any person currently having a legal interest in the property.
The provisions of the Zoning Code require setback standards that are too extreme
for this particular piece of property. The applicant has not created the hardship
being used to justify the granting of the variance requests.
4. The granting of the variance is in harmony with the general purpose and intent of
the Comprehensive Plan.
The intent of the Comprehensive Plan for this area is to promote Low Density
Residential housing. Improvements on a preexisting low-density residence are
completely consistent with the 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.
P.l06
Page 2
City of Columbia Heights Planning Commission
Stanley Residence, Variance
September 6, 2006
Case # 2006-0903
Granting these variance requests would support the type of housing that the
Comprehensive Plan is gearing towards. The addition of a deck to the residence
located at 3900 Main Street would not be materially detrimental to the public welfare
in any way.
CONCLUSION
After reviewing this variance application, Staff has come to the conclusion that the setback
requirements for the R-3 District pertaining to one and two family dwellings may be too
restrictive. Staff will be reviewing the setback requirements and conducting a survey of all
the R-3 zoned parcels within the City. Staff will focus on the single and two family uses
throughout the R-3 District to determine if a change in the Zoning Code will be necessary.
Granting the applicant's variance requests would allow the applicant to use her property in
the same fashion as any other single-family dwelling owners can utilize theirs. Staff will
recommend approval of the variance requests for these reasons.
Recommendation
Motion: That the Planning Commission recommend that the City Council approve 5-foot
side yard setback variance and the 17.5-foot corner side yard setback variance for the
construction of a deck located at 3900 Main Street with the following condition:
1. All application materials, maps, drawings and other descriptive information
submitted with this application shall become part of the permit.
Attachments: Draft resolution, location map, site plan.
P.I07
Page 3
3900 Main Street
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P.IIO
V ARlANCE APPLICA nON
3900 Main Street NE
Columbia Heights, MN 55421
Reason for Request:
Columbia Heights' current zoning insets for a corner lot are 30 feet from the street lli'1d 20
feet from the inside property line. This leaves our lot unbuildable and unimprovable, as it
is 50 feet wide.
Last year, we completed remodeling - which included a patio door off ofthe kitchen.
We'd now like to add a deck. The deck will be less than the house width and would
allow access/egress from the patio door. See attached drawings.
Bonnie and Curtis Stanley
763-788-1075
August 11, 2006
P.lll
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misuse of the product or negligence in the use of the
product; improper storage and handling of product prior
to installation; or lack of maintenance of the product in
a manner inconsistent with or contrary to the point of
sale material provided. Minor surface irregularities are a
natural characteristic of polyethylene and may be slight-
ly visible on the woodgrain surface and will be visible on
the underside of the decking.
ULTRAIlEllill!> will replace at its option, any product
used for tile above application that is deemed defective.
The original purchaser must supply ULTRAIlEllill!> with
the original purchase invoice indicating the date of pur-
chase showing sufficient ULTRAIlEllill!> product was
purchased to cover the amount claimed to be defective.
If the product must be replaced, UL1ID\DEllilll> will send
the replac:ement product!o :the~t6re where the product
was purchased. ' The first retailpurehasers will then, at
their own expense, pick up the replacement product.
The origi.nalp,u,I1,dc"h.,.~ser '!1u~t.p~y,alt~oSfs;of the removal
!ro,uc
f'
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: September 18, 2006
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: 5-A- 1 Administration APPROVAL
~
ITEM: Establish Work Session BY: Walter R. F ehst BY: J~(l , )
Meeting Date for September 18, 2006 DATE: September 8, 2006 \ .
NO: DATE:
It is suggested to schedule a City Council Work Session for Monday, September 18, 2006
beginning at 7:00 p.m. in the City Council Chambers.
Work Session Agenda
1. Updating and converting special assessment software
2. Budget appropriation for sending out information on Charter question
3. Possible review of liquor store purchase agreement
4. First budget meeting
RECOMMENDED MOTION:
MOTION: Move to schedule a City Council Work Session for Monday, September 18, 2006
beginning at 7:00 p.m. in the Council Chambers.
0609081 COUNCIL
I
COUNCIL ACTION:
P.116
CITY COUNCIL LETTER
ee mg 0 : epl em er ,
AGENDA SECTION: CONSENT ORIGINA TING DEPT: CITY MANAGER
NO: :r - A-~ FINANCE fj/1/v APPROV AL
ITEM: BUDGET WORK SESSION
MEETING DATES BY: WILLIAM ELRITE BY:, /~
DA TE~/"\ Y ,-()~
NO: DATE: SEPT 7, 2006 l/ C-v.--
M t f S t b 12 2006
Below are the budget work session meeting dates for the 2007 budget. Departmental budget reviews
will begin with a short PowerPoint presentation followed by questions and comments from the council
and residents.
Monday, September 18 at 7:00 p.m.
Open date: Staff recommends a budget meeting on this
date to review various factors related to the property
tax levy, property values, aids and other factors.
Monday, October 2 at 7:00 p.m.
Library Activity Room: Library
Wednesday, October 25 at 7 :00 p.m.
Gauvitte Room: Recreation
Monday, October 30 at 7:00 p.m.
Monday, October 30 at 7:30 p.m.
Monday, October 30 at 8:00 p.m.
Monday, October 30 at 8:30 p.m.
City Hall Conference Room: Fire
City Hall Conference Room: Public Works
City Hall Conference Room: General Government
City Hall Conference Room: Administration
Monday, November 6 at 7:00 p.m.
Monday, November 6 at 7:30 p.m.
Monday, November 6 at 8:00 p.m.
Monday, November 6 at 8:30 p.m.
City Hall Conference Room: Community Development
City Hall Conference Room: Police
City Hall Conference Room: Finance and IS
City Hall Conference Room: Liquor
Monday, November 20 at 7:00 p.m.
Monday, November 20 at 8:00 p.m.
Final Budget Work Session. Summary oftotal budgets.
Decide on final cuts, add-backs, and the final levy.
Monday, December 4 at 7:00 p.m.
City Council Chambers: Final budget meeting with the
public.
RECOMMENDED MOTION: Move to set budget work session meeting dates to review the 2006
budget as stated above.
WE:sms
0609071 COUNCIL
COUNCIL ACTION:
P.117
CITY COUNCIL LETTER
Meeting 0[:2[11/06
AGENDA SECTION: CONSENT AGENDA
5 - A~9
ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WO~R
BY: K. Hanse
DATE: 9/6/06
ITEM: RESOLUTION SUPORTING Mn/DOT
CONSIDERATION OF A COST SHARING MUNICIPAL
AGREEMENT FOR THE REHABILITATION OF THE
UNIVERSITY SERVICE DRIVE ON T.H. 47, SOUTH OF
I 45TH AVENUE
Background:
At the February 2th, 2006 meeting, the City Council authorized street rehabilitation for the University Service Drive, between 45th
and 53rd Avenues. The Council also previously authorized the preparation of a feasibility report for street rehabilitation of the
segment from 40th to 45th A venues. Both segments are (now) recommended for a partial reconstruction or mill and overlay to
address the deficient bituminous surface.
Analysis/Conel usions:
Seal coating the University Service Drive from 45th to 53rd was programmed for 2006, with assessments and Municipal State Aid
proposed as funding sources. The work was abandoned following Public Works' more detailed review of the pavement conditions
(during seal coat preparations) and a higher level of rehabilitation is recommended. Subsequently, staff held a public meeting
inviting all property owners from 40th to 53rd for input and review of the University Service Drive corridor. Public comments
included the poor condition of the road, new fencing, a walking path, screening from TH 47, landscaping and vehicle speeds due to
the long, straight segment lengths. Access closure on the south side of 40th Avenue was also discussed, which MnDOT has
previously commented is too close to TH 47 and would then match the road closures on the south side of 40th Avenue. To fund the
majority of the improvements to address the property owner concerns identified above, an application to the MnDOT Municipal
Agreement Program needs to be made by October 1 st. This Program is a statewide, competitive award program by Mn/DOT to
assist in funding City managed projects in State right-of-ways. By procedure, Mn/DOT requires a resolution approved by the City
Council that provides that if municipal agreement funds are awarded, the City will enter into an agreement with the State for a cost
sharing municipal agreement. It is then the City's responsibility for project design and contract administration.
It is staffs recommendation to apply for the maximum grant funding ($550,000) through the Municipal Agreements Program as the
primary fileans offunding. Awards \v111 be made in January of2007, for a 2007 construction project.
Recommended Motion: Move to waive the reading of Resolution No. 2006-134 there being ample copies available to the public.
Recommended Motion: Move to approve and adopt Resolution No. 2006-134 supporting Mn/DOT consideration of a cost
sharing Municipal Agreement for the street rehabilitation of the University Service Drive on T.H. 47, south of 45th Avenue.
KH:jb
Attachment: Resolution 2006-134
COUNCIL ACTION:
P.llS
RESOLUTION NO. 2006-134
BEING A RESOLUTION REQUESTING Mn/DOT CONSIDERATION OF
FUNDING THROUGH THE MUNICIPAL AGREEMENT PROGRAM FOR THE
REHABILITATION OF THE UNIVERSITY SERVICE DRIVE ON T.H. 47, FROM 40TH TO
45 TH A VENUES
WHEREAS, the City of Columbia Heights proposes to make certain street, storm sewer, trail
and fencing improvements on T.H. 47, south of 45th Avenue.
WHEREAS, the improvements will benefit both the City of Columbia Heights and the
Minnesota Department of Transportation.
WHEREAS, the City of Columbia Heights is committed to providing the local share of the costs
if the project is selected as part of the Municipal Agreement Program.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights
that the City shall be responsible for the preliminary engineering, project design, and permitting
functions of said improvements; and
BE IT FURTHER RESOLVED that the construction costs of the improvements be shared
between the Minnesota Department of Transportation and the City of Columbia Heights; and
BE IT FURTHER RESOLVED, that following approval by the Minnesota Department of
Transportation of plans and specifications for said improvements, and before the contract letting
for the construction of said improvements, the Minnesota Department of Transportation shall
prepare an agreement to provide for the State to pay its share of the costs of the improvements in
accordance with the latest "Procedures for Cooperative Projects with Municipalities".
Dated this 11 th day of September, 2006.
CITY OF COLUMBIA HEIGHTS
Offered by:
Seconded by:
Roll Call:
BY
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
P.119
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION: CONSENT
NO:
ITEM:
5- - A - \ D
ORIGINATING DEPARTMENT:
Fire
BY:
Gary Gorman
y- c. i ~.s l".e.... L L <: f\-C <l..
DATE: September 5,2006
NO:
The matter of the revocation of the license to operate a rental unite s) within the City
of Columbia Heights against the following properties for failure to meet the
requirements of the Residential Maintenance Codes has been resolved.
The owner has corrected all violations and paid all fees due.
RECOMMENDED MOTION: Move to issue a rental-housing license to Richard
Meissner to operate the rental property located at 4643 Pierce Street N.E. in that the
provisions of the residential maintenance code have been complied with.
COiJNCIL ACTION:
P.120
CITY COUNCIL LETTER
Meeting of September 11. 2006
AGENDA SECTION:
CONSENT
ORJGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
NO:
J- - A - ~ \
ITEM: BY:
Ke ; s S lA <- l;- t.-e~s.G
Gary Gorman
NO:
DATE: September 7, 2006
The matter of the revocation of the license to operate a rental unit( s) within the City
of Columbia Heights against the following properties for failure to meet the
requirements of the Residential Maintenance Codes has been resolved.
The owner has corrected all violations and paid all fees due.
RECOMMENDED MOTION: Move to issue a rental-housing license to Steve Efterfeld
to operate the rental property located at 11 00-02 39th A venue N .E. in that the provisions
of the residential maintenance code have been complied with.
COln..;rCIL ACTION:
P.121
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: 5 - A -\ L- APPROV AL
ITEM: BY: Gary Gorman (ffj~
Kc~~~\ L;(e\l'~t"s DATE: September 5, 2006 ,.. q '0/0 tJ
NO: ATE:
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 September 11, 2006.
I COUNCIL ACTION:
I
P.122
Occupany 1.0.
30008
30019
30021
30125
30127
30145
20214
10100
12146
20025
20261
10120
12203
20300
20077
10115
20166
1 0084
30133
1 0064
10112
10092
10158
12165
94123
30148
30132
10006
20020
12061
34008
30038
12068
20168
12186
10129
L1CENSE_Ltr to Approve Licenses 2006
Property Owner Name
Columbia Court Town Homes
Lynde Investment Company, LLP
Lynde Investment Company, LLP
Lynde Investment Company, LLP
Lynde Investment Company, LLP
Lynde Investment Company, LLP
Shacker Alnajjar
Lindsay Anderson
Rita Blanske
Clifford Boyum
Charles Chen
James Gilbert
James Graham
Thomas Gromek
Mike Herr
Robert Hoffman
Burton Kegan
Jeffrey Larsen
Ruth Lemke
Rob Machel
Nuvia Maldonado
Ernest Onyia
Stephen Popa
John Ranweiler
Ryan Riemenscheider
Joanna Rocha
Maumer Sekizovic
Riaz Shad
Leland Stauch
Stephen Stenger
Jerome Thompson
Edward Ukatu
Janene Unke-Hanson
Larry Wakeman
Weston Wiggins
Melissa Williams
P.123
Property Address
841 41ST
4060 4TH
4120 4TH
4425 UNIVERSITY
4441 UNIVERSITY
4433 UNIVERSITY
4637 PIERCE
5258 6TH
66751ST
4855 5TH
120743 1/2
181542ND
4409 MONROE
4340 Quincy
4630 WASHINGTON
3704 Tyler
42472ND
80849 1/2
4655 UNIVERSITY
543 Lomianki
4216 JACKSON
1401 46TH
4421 4TH
.d.R.d.R T ::l\llnr
__ 1- 1_,1__
230 44TH
4657 Tyler
970 44TH
4100 Reservoir
4545 FILLMORE
3967 POLK
134142ND
61540TH
4357 7TH
4600 4TH
4144 MADISON
4151 Stinson
r""\_ __ _ ..
CITY COUNCIL LETTER
Meeting of: September 11, 2006
AGENDA SECTION: 5-A-\S ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanso~j~^\.. DAT~0 I
NO: DATE: September 7, 2006 BY: lft/r/oy
BACKGROUND/ANALYSIS
Attached is the business license agenda for the September 11, 2006 City Council meeting. This agenda
consists of applications for Contractor licenses for 2006.
At the top ofthe license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. 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 September 11,2006 as presented.
COUNCIL ACTION:
P.124
TO CITY COUNCIL September 11, 2006
* Signed Waiver Form Accompanied Application
2006 BUSINESS LICENSE AGENDA
CONTRACTORS LICENSES
Bldg
*Piperight Plumbing
*Lynde Investments
*Plumbing Services
Bruce Amdahl
10710 Mississippi Blvd NW, Coon Rapids
9801 Oakridge Trail, Mtka
1628 Hwy 10 NE, Spr. Lk Pk
8709 Mississippi Blvd NW, Coon Rapids
P.125
$60.00
$60.00
$60.00
$60.00
5-A-\L\
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCILMEETINGOF:~bw I', 200/P
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUr-v1BIA HEIGHTS
Motion to approve payment of bills ont of the proper funds, as listed in the attached
check register covering Check Number , I g Y I~
in the amount of$ L~il" O~1.1:z. .
through ~ (I ~S lfg
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are hereby, recommended for payment.
P.126
ACS FINANCIAL SYSTEM
09/07/2006 12:19:16
Check History
CITY OF COLUMBIA HEIGHTS
GL050S-V06.70 COVERPAGE
GL540R
***************************************************~~***************************
* * * * C 0 U N elL * * * *
* * * * 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...... .09/11/06 COUNCIL LISTING
INCLUSIONS:
Fund & Account..............
thru
Check Date.. . . . . . . . . . . . . . . . .
Source Codes... ... ..........
Journal Entry Dates.........
Journal Entry Ids...........
Check Number. ...... .........
thru
thru
thru
thru
118419 thru 118548
proj ect . . . . . . . . . . . . . . . . . . . . .
Vendor. . . . . . . . . . . . . . . . . . . . . .
Invoice. . . . . . . . . . . . . . . . . . . . .
Purchase Order.... ..........
Bank....................... .
'"d lcher ....................
~.eased Date. ..... .........
N!ared Date...... ..... .....
~
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
09/07/2006 12
BANK
VENDOR
Check History
09/11/06 COUNCIL LISTING
CHECK NUMBER
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 1
BANK CHECKING ACCOUNT
AMERICAN BOTTLING COMPAN
ARCH WIRELESS/METROCALL
BELLBOY CORPORATION
BURMEISTER/LUCILLE
CAPITOL BEVERAGE SALES L
CHISAGO LAKES DISTRIBUTI
CITY WIDE LOCKSMITHING
DALLMAN/KATHY
DUALE/ANAB
GENUINE PARTS/NAPA AUTO
GILLESPIE/ROGER
GRIGGS-COOPER & CO
HOHENSTEINS INC
JJ TAYLOR DIST OF MN
JOHNSON BROS. LIQUOR CO.
MARK VII DIST.
MN DEPT OF LABOR & INDUS
MOELLER/KAREN
NORTHEAST BANK
O'BRIEN/DANIEL
OLD LOG THEATRE
PETTY CASH - KAREN MOELL
PETTY CASH - LIZ BRAY
S & S WORLDWIDE
S & T OFFICE PRODUCTS IN
SEVERSON/NATALIE
SHAMROCK GROUP/ACE ICE
SOLTYS/MARY
SORENSEN/DALE
SPECIALTY WINES & BEVERA
TDS METRO COM
VERIZON WIRELESS
WELLS FARGO BANK
WINDSCHITL/KEITH
XCEL ENERGY (N S P)
CITY OF COLUMBIA HEIGHTS
BRADLEY REAL ESTATES INC
COLUMBIA HEIGHTS I
AlA MINNESOTA
ANOKA COUNTY ATTORNEY
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
FARNER-BOCKEN
FIANDACA SR/CRAIG
GOOD WRITING FOR GOOD RE
HANSEN/JACK
HEDALEN/ROGER
~
,.....
IV
00
118419
118420
118421
118422
118423
118424
118425
118426
118427
118428
118429
118430
118431
118432
118433
118434
118435
118436
118437
118438
118439
118440
118441
118442
118443
118444
118445
118446
118447
118448
118449
118450
118451
118452
118453
118454
118455
118456
118457
118458
118459
118460
118461
118462
118463
118464
118465
AMOUNT
41. 64
85.58
347.70
27.00
25,530.00
1,284.35
85.00
49.00
250.00
21.91
500.00
30,760.90
4,308.75
22,254.34
4,609.63
19,033.51
70.00
111.27
622,737.50
209.90
2,283.75
165.52
402.82
61.02
396.40
40.00
289.88
5.00
407.95
283.75
455.84
138.24
4,995.52
24.00
17,159.37
150,748.33
11,885.12
5,581.28
25.00
142.40
2,884.44
7,065.29
11,794.61
168.42
637.80
321.88
179.73
ACS FINANCIAL SYSTEM
09/07/2006 12
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 2
BANK
VENDOR
Check History
09/11/06 COUNCIL LISTING
CHECK NUMBER
AMOUNT
BANK CHECKING ACCOUNT
HOHENSTEINS INC
KIWI KAI IMPORTS
LARKIN/DOYLE
LINDER'S GREENHOUSES
NEEDHAM DISTRIBUTING CO
NORTH HENNEPIN COMMUNITY
OFFICE DEPOT
OLSON/TERRY
PAT KERNS WINE MERCHANTS
PHILLIPS WINE & SPIRITS
QUALITY WINE & SPIRITS
SCHMIDT/WILLIAM
STATE OF MINN-DEPT OF FI
SUTER, ROBERT
VERIZON WIRELESS
WINDSCHITL/KEITH
ABM EQUIPMENT
ALLIED BLACKTOP COMPANY
AMERICAN COMPUTER SUPPLI
AMERICAN WATER WORKS ASS
AMERIPRIDE
ANCOM COMMUNICATIONS INC
ANOKA COUNTY
BOLTON & MENK, INC
CADD/ENGINEERING SUPPLY
CENTER POINT ENERGY
CINTAS FIRST AID-SAFETY
CITY OF NEW BRIGHTON
CLARK PRODUCTS INC
COLUMBIA HEIGHTS RENTAL
COMMERCIAL POOL-SPA SUPP
DU ALL SERVICE CONTRACTO
EBERT CONSTRUCTION
EGAN OIL COMPANY
EHLERS & ASSOCIATES INC
FIDELITY SERVICES INC
FLEX COMPENSATION, INC
GENUINE PARTS/NAPA AUTO
GIS RANGERS LLC
HEIGHTS ELECTRIC INC.
HOME DEPOT #2802
INSTRUMENT CONTROL CO IN
INTEGRATED LOSS CONTROL
JINDRA/PATRICIA
KEEP INC/THE
KENNEDY & GRAVEN
LAKE RESTORATION INC
~
......
N
\0
118466
118467
118468
118469
118470
118471
118472
118473
118474
118475
118476
118477
118478
118479
118480
118481
118482
118483
118484
118485
118486
118487
118488
118489
118490
118491
118492
118493
118494
118495
118496
118497
118498
118499
118500
118501
118502
118503
118504
118505
118506
118507
118508
118509
118510
118511
118512
774.25
1,640.00
425.00
500.00
239.50
438.00
21. 20
50.00
175.00
2,069.70
9,371.11
15.00
71.20
1,317.00
88.99
309.89
745.50
46,861.70
306.36
72.50
38.19
104.59
1,528.25
15,987.00
159.75
39.06
145.05
104.03
221. 08
57.46
202.55
2,173.98
45,804.22
10,509.82
10,611. 84
5,150.86
168.00
1,064.23
7,815.41
190.28
149.04
73.19
352.00
70.00
25.00
2,798.04
404.53
ACS FINANCIAL SYSTEM
09/07/2006 12
BANK
VENDOR
Check History
09/11/06 COUNCIL LISTING
CHECK NUMBER
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 3
AMOUNT
BANK CHECKING ACCOUNT
LEAGUE OF MN CITIES INS 118513 1,000.00
METRO CONCRETE RAISING I 118514 5,760.00
MIDWEST ASPHALT CO. 118515 494,767.73
MINNESOTA COUNTY ATTORNE 118516 1,166.18
MINNESOTA DARE OFFICERS 118517 555.00
MINNESOTA DEPARTMENT OF 118518 10,134.00
MN DEPT OF ADMINISTRATIO 118519 37.00
MN POLLUTION CONTROL AGE 118520 750.00
MN REC & PK ASSOC - MRP 118521 125.00
MTI DISTRIBUTING 118522 195.57
MURZYN JR/DONALD J 118523 35.00
NATIONAL CRIME PREVENTIO 118524 140.25
NATIONAL WATERWORKS, INC 118525 3,505.65
NEXT DAY GOURMET 118526 20.64
NORTHEASTER 118527 80.00
NYSTROM PUBLISHING COMPA 118528 3,548.83
OFFICE DEPOT 118529 782.87
PEPSI-COLA-7 UP 118530 225.00
PROSOURCE TECHNOLOGIES I 118531 12,470.06
QUICKSILVER EXPRESS COUR 118532 121.03
REED BUSINESS INFORMATIO 118533 195.04
S & T OFFICE PRODUCTS IN 118534 74.78
~ SHERWIN WILLIAMS 118535 32.26
I-' SRF CONSULTING GROUP INC 118536 80.00
W STAPLES BUSINESS ADVANTA 118537 456.55
0 STAR TRIBUNE 118538 39.12
STREICHER'S GUN'S INC/DO 118539 160.00
SULLIVAN'S UTILITY SERVI 118540 304.43
SUN PUBLICATION 118541 17.33
TWIN CITIES TRANSPORT & 118542 224.72
VANCE BROTHERS INC 118543 319.50
VEIT COMPANY 118544 22,904.71
VERIZON WIRELESS 118545 334.89
VIKING ELECTRIC SUPPLY 118546 267.84
WELSH CONSTRUCTION LLC 118547 7,800.00
XCEL ENERGY (N S P) 118548 90.45
1,691,022.12 ***
ACS FINANCIAL SYSTEM
09/07/2006 12
BANK
VENDOR
REPORT TOTALS:
~
"""'
VJ
"""'
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 4
Check History
09/11/06 COUNCIL LISTING
CHECK NUMBER
AMOUNT
1,691,022.12
RECORDS PRINTED - 000558
ACS FINANCIAL SYSTEM
09/07/2006 12:19:18
Check History
CITY OF COLUMBIA HEIGHTS
GL060S-V06.70 RECAPPAGE
GL540R
FUND RECAP:
FUND DESCRIPTION
101
201
212
240
261
265
270
350
370
376
377
378
379
385
386
389
401
402
411
415
418
'-0)
~)
WL
J
N-
t>v4
609
652
701
720
875
881
884
885
887
DISBURSEMENTS
GENERAL
COMMUNITY DEVELOPMENT FUND
STATE AID MAINTENANCE
LIBRARY
TWENTY-FIRST CENTURY GRANT
CONFISCATED/FORFEITED PROP
DARE PROJECT
2004A GO TI REFUNDING BONDS
TIF S7: HSG & REDV TIF DIST1
TAX INCREMENT BONDS
SHEFFIELD - TIF (M8)
MEDTRONIC - TIF (N7)
HOUSING TIF #1 SCATTER
MULTI-USE REDEVELOPMENT PLAN
HOUSING TIF #2
R8:TRANSITION BLK REDEVELOP
CAPITAL IMPROVEMENTS
STATE AID CONSTRUCTION
CAPITAL IMP-GEN GOVT. BLDG
CAPITAL IMPRVMT - PIR PROJ
COMMUNITY CTR CAPITAL BLDG
CAP IMPROVEMENT-DEVELOPMENT
INFRASTRUCTURE FUND
WATER UTILITY
SEWER UTILITY
STORM SEWER UTILITY
LIQUOR
SEWER CONSTRUCTION FUND
CENTRAL GARAGE
DATA PROCESSING
FISCAL AGENCY: GIS RANGER
CONTRIBUTED PROJECTS-REC
INSURANCE
PAYROLL FUND
FLEX BENEFIT FUND
30,391.12
2,030.01
345.04
3,293.28
120.43
438.32
555.00
622,737.50
382.82
382.81
382.81
382.81
382.82
382.81
382.81
382.81
5,760.00
195.04
45,804.22
558,832.84
11,066.04
39,241.92
516.50
16,028.17
679.05
58.00
170,024.75
925.00
16,695.92
2,378.46
7,815.41
111.27
1,000.00
142,598.56
8,317.77
TOTAL ALL FUNDS
1,691,022.12
BANK RECAP:
BANK NAME
DISBURSEMENTS
ACS FINANCIAL SYSTEM
09/07/2006 12:19:18
Check History
CITY OF COLUMBIA HEIGHTS
GL060S-V06.70 RECAPPAGE
GL540R
BANK RECAP:
BANK NAME
DISBURSEMENTS
BANK CHECKING ACCOUNT
TOTAL ALL BANKS
1,691,022.12
1,691,022.12
~
I--'
W
W
CITY COUNCIL LETTER
Meeting of: 91\] /06
AGENDA SECTION:
NO:
CoA
ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
BY: K. Hanse~/
DATE: 9/l/06~
l>
ITEM: FIRST READING OF ORDINANCE NO. 1512
BEING AN ORDINANCE CHANGING THE STREET
NAME FOR SECTIONS OF 39TH AVENUE AND
JEFFERSON STREET TO HUSET PARKWAY AND
MADISON PLACE TO JEFFERSON STREET
Background:
The new street is substantially complete and open for public use. The street is a gateway to Columbia Heights from the University
and 37th Avenue area and highlights the City's Huset Park.
Madison Place extends from 3 th Avenue to just north of38th Avenue. It is often confused with Madison Street one block to the
east. If Jefferson Street north of 39th A venue is changed to Huset Parkway, staff suggests eliminating one of the street names on
this short stretch. One house is addressed on Madison Place. Two businesses are addressed on Jefferson Street.
Analysis/Co nc lusions:
Staff recommends the street names be changed as follows:
Huset Parkway
New roadway from 3 th A venue to 5th Street
39th Avenue from 5th Street to Jefferson Street
Jefferson Street from 39th Avenue to 40th Avenue
Jefferson Street
Madison Place from 37th A venue to Jefferson Street
Recommended Motion: Move to waive the reading of Ordinance No. 1512, there being ample copies available to the public.
Recommended Motion: Move to establish a second reading of Ordinance No. 1512, being an Ordinance changing the street
name of 39th Avenue from 5th Street to Jefferson Street and Jefferson Street from 39th Avenue to 40th Avenue to Huset Parkway and
changing the street nallle of Madison Place to Jefferson Street for October 9, 2006, at approximately 7:00 p.m. in the Council
Chamber.
KH:jb
Attachment:
Map
Ordinance No. 1512
COUNCIL ACTION:
P.134
ORDINANCE NO. 1512
BEING AN ORDINANCE CHANGING THE STREET NAME OF
SECTIONS OF 39TH AVENUE AND JEFFERSON STREET TO HUSET P ARKW A Y
AND CHANGING THE STREET NAME OF
MADISON PLACE TO JEFFERSON STREET
The City of Columbia Heights does ordain:
Section 1:
The name of 39th Avenue from sth Street to Jefferson Street and Jefferson
Street from 39th Avenue to 40th Avenue is hereby changed and shall
hereafter be known and renamed as Huset Parkway, and
Section 2:
The name of Madison Place is hereby changed and shall hereafter be
known and renamed as Jefferson Street.
Section 3:
This ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Gary Peterson, Mayor
City of Columbia Heights, Minnesota
Attest:
Patricia Muscovitz, Deputy City Clerk
P.135
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3701
CITY COUNCIL LETTER
AGENDA SECTION: Public Hearings . 0
NO. l:> 0
ITEM: Ordinance No. 1513 Pertaining to Tobacco
NO Regulations
ORlGINA TING DEPARTMENT
POLICE
BY: Thomas M. Johnson
DATE: September 7,20
BACKGROUND
Currently, our City Code prohibits the sale of any tobacco, tobacco product, or tobacco related
device by means of any type of vending machine or by means of self-service methods. Our City
Code is more restrictive than State Statute, which allows for exceptions for retail stores which derive
at least 90% of their revenue from tobacco and tobacco related products and cannot be entered at any
time by persons younger than eighteen years of age, and vending machines in facilities which cannot
be entered at any time by persons younger than eighteen years of age.
ANALYSIS/CONCLUSION
The proposed changes to the City Code would result in our Code being consistent with State Statute.
RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1513, there being
ample copies available to the public.
RECOMMENDED MOTION: Move to establish the second reading of Ordinance No. 1513,
being an ordinance amending Chapter 5, Sections 5.306,5.307 and 5.308 ofthe City Code of the
City of Columbia Heights pertaining to tobacco regulations, for September 25, 2006, at
approximately 7:00 p.m. in the Council Chamber.
06-162
COUNCIL ACTION:
P.137
ORDINANCE NO. ! 5/3
BEING AN ORDINANCE AMENDING
CHAPTER 5, SECTIONS 5.306, 5.307 AND 5.308
OF THE CITY CODE
OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO "TOBACCO REGULATIONS"
The City of Columbia Heights does ordain:
Chapter 5, Sections 5.306, 5.307 and 5.308, of the Code of Ordinances of the City of
Columbia Heights which currently read as follows, to wit:
~ 5.306 PROHIBITED SALES.
It shall be a violation of this article for any person, or employee or responsible
party, to sell or offer to sell any tobacco, tobacco product, or tobacco related device:
(A) To any person under the age of 18 years.
(B) By means of any type of vending machine.
(C) By means of self-service methods whereby the customer does not need to
make a verbal or written request to an employee of the licensed premise in order to
receive the tobacco, tobacco product, or tobacco related device and whereby there is not a
physical exchange of the tobacco, tobacco product, or tobacco related device between the
licensee, or the licensee's employee, and the customer.
(D) By means ofloosies as defined in ~ 5.302.
(E) Containing opium, morphine, jimpson weed, bella donna, strychnos,
cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances
except nicotine and other substances found naturally in tobacco or added as pali of all
otherwise lawful manufacturing process. It is not the intention of this provision to ban
the sale of lawfully manufactured cigarettes or other tobacco products.
(F) By any other means, to any other person, or in any other manner or form
prohibited by federal, state or other local law, ordinance provision, or other regulation.
(Ord. 1371, passed 5-11-98) Penalty, see ~ 5.313
~ 5.307 VENDING MACHINES.
It shall be unlawful for any person licensed under this article to allow the sale of
tobacco, tobacco products, or tobacco related devices by the means of a vending machine,
(Ord. 1371, passed 5-11-98) Penalty, see ~ 5.313
P.138
~ 5.308 SELF-SERVICE SALES.
It shall be unlawful for a licensee under this article to allow the sale of tobacco,
tobacco products, or tobacco related devices by any means where by the customer may
have access to such items without having to request the item from the licensee or the
licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco
product, or the tobacco related device between the licensee or his clerk and the customer.
All tobacco, tobacco products, and tobacco related devices shall either be stored behind a
counter or other area not freely accessible to customers, or in a case or other storage unit
not left open and accessible to the general public. Any retailer selling tobacco, tobacco
products, or tobacco related devices at the time this article is adopted shall comply with
this section within 90 days following the effective date of this article.
(Ord. 1371, passed 5-11-98) Penalty, see S 5.313
SHALL BE AMENDED TO READ:
~ 5.306 PROHIBITED SALES.
It shall be a violation of this article for any person, or employee or responsible
party, to sell or offer to sell any tobacco, tobacco product, or tobacco related device:
(A) To any person under the age of 18 years.
(B) By means of any type of vending machine.
(C) By means of self-service methods whereby the customer does not need to
make a verbal or written request to an employee of the licensed premise in order to
receive the tobacco, tobacco product, or tobacco related device and whereby there is not a
physical exchange ofthe tobacco, tobacco product, or tobacco related device between the
licensee, or the licensee's employee, and the customer. This subdivision shall not apply
to retail stores which derive at least ninety percent (90%) of their revenue from tobaccQ
~d tobacco related products and which call1lot be entered _at any t!~e by pers()ns Y.9UJ1g~
than 18 years of age.
(D) By means ofloosies as defined in S 5.302.
(E) Containing opium, morphine, jimpson weed, bella dOlllla, strychnos,
cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances
except nicotine and other substances found naturally in tobacco or added as part of an
otherwise lawful manufacturing process. It is not the intention of this provision to ban
the sale of lawfully manufactured cigarettes or other tobacco products.
P.139
(F) By any other means, to any other person, or in any other manner or form
prohibited by federal, state or other local law, ordinance provision, or other regulation.
(Ord. 1371, passed 5-11-98) Penalty, see S 5.313
~ 5.307 VENDING MACHINES.
It shall be unlawful for any person licensed under this article to allow the sale of
tobacco, tobacco products, or tobacco related devices by the means of a vending machine.
This sugdivision does not~ 10 ~yendi~ machines in facilities that cannot be entered at
any time by persons younger than 18 years of age.
(Ord. 1371, passed 5-11-98) Penalty, see S 5.313
~ 5.308 SELF-SERVICE SALES.
It shall be unlawful for a licensee under this article to allow the sale of tobacco,
tobacco products, or tobacco related devices by any means where by the customer may
have access to such items without having to request the item from the licensee or the
licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco
product, or the tobacco related device between the licensee or his clerk and the customer.
All tobacco, tobacco products, and tobacco related devices shall either be stored behind a
counter or other area not freely accessible to customers, or in a case or other storage unit
not left open and accessible to the general public. Any retailer selling tobacco, tobacco
products, or tobacco related devices at the time this article is adopted shall comply with
this section within 90 days following the effective date of this article. This subdivision
shall not apply to retail stores which derive at leas~igh!yjJercent (80%) of their revenue
from tobacco and tobacco related products and which cannot be entered at any time by
persons younger than 18 years of age.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
341035_1
P.140
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION: Public ORIGINATING DEP AR TMENT: CITY
Hearings Fire MANAGER
NO: GC APPROV AL
ITEM: Adopt Resolution For BY: Gary Gorman ~
Abatement
DATE: September 5, 2006 DATE: 9--r>d,
NO: 2006-135
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Imab Zalloum regarding property at 82550-1/2 Avenue
N.E. 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. 2006-135 there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-135, a resolution
of the City Council of the City of Columbia Heights declaring the property at 825 50-
1/2 Avenue N.E. a nuisance and annrovinlI the abatement of violations from the
~~ '-'
property pursuant to City Code section 8.206.
COUNCIL ACTION:
P.141
RESOLUTION 2006-135
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 Imab Zalloum (Hereinafter "Owner of Record").
Whereas, the owner ofrecord is the legal owner of the real pruperty located at 82550-112 Avenue
N.E. 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 regular mail to the owner of record on August 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 July 18, 2006, an inspection was conducted on the property listed above. Inspectors
found ten violations. A compliance order was sent via regular mail to the owner at the
address.
2. That on August 17,2006, inspectors reinspected the property listed above. Inspectors noted
that seven violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on September 1, 2006, inspectors reinspected the property and found that seven
violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Shall clean gutters out.
B. Shall scrape/paint the whole house, whereever there is paint peeling.
C. Shall replace any tom window screens.
D. Shall scrape/paint around all the windows where they are peeling.
E. Shall repair the handrail going up to the front steps.
F. Shall paint the boards, covering the windows on the garage to match the color on the
rest of the garage.
G. Shall remove all/any outside storage from the property.
i. CHAIRS
ii. FILE CABINET
iii. KITCHEN GARBAGE
iv. TABLE TOP
v. MATTRESSES
vi. HUMIDIFIER
P.142
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 82550-1/2 Avenue N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
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 825 50-112 Avenue N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this 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 463.17,
subd. 2.
P.143
Passed this
day of
Offered by:
Second by:
Roll Call:
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
2006
Mayor Gary L. Peterson
P.144
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION:
Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
I MANAGER
APPROVAL
NO:
(gb
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
DATE: September 5, 2006
NO: 2006-144
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Mortgage Electronic Reg System regarding property at
2348 45th Avenue N.E. 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. 2006-144 there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-144, a resolution
of the City Council of the City of Columbia Heights declaring the property at 2348
45th Avenue N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
P.145
RESOLUTION 2006-144
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 Mortgage Electronic Reg System (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 2348 4StfJ Avenue
N.E. 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 regular mail to the owner of record on August 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 July 14,2006, an inspection was conducted on the property listed above. Inspectors
found five violations. A compliance order was sent via regular mail to the owner at the
address.
2. That on August IS, 2006, inspectors reinspected the property listed above. Inspectors noted
the five violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on September S, 2006, inspectors reinspected the property and found that five violations
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 tree from garage and repair any damage.
B. Shall repair damaged overhead garage door.
C. Shall repair side storm door.
D. Shall repair damaged siding of porch on the NE comer of the house.
F. Shall remove any/all scrub growth from around the house.
S. 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).
P.146
CONCLUSIONS OF COUNCIL
I. That the property located at 2348 45th Avenue N .E. 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
I. The property located at 2348 45th Avenue N.E. constitutes a nuisance pursuant to City Code.
2. That a copy ofthis 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
P.147
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGEND.A. SECTION: Public
Hearings
OF1GINA TING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
NO:
&:,s
ITEM:
Adopt Resolution For
Abatement
BY: Gary Gorman
v
DATE: September 5,2006
NO: 2006-145
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Candelaria Dominguez regarding property at 4017 6th
Street N.E. 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. 2006-145, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-145, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4017
6th Street N.R a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
P.148
RESOLUTION 2006-145
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 Sharon Bates (Hereinafter "Owner of Record").
Whereas, the owner ofrecord is the legal owner of the real property located at 4017 6th Street N.E.
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 regular mail to the owner of record on August 9,2006
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 July 25,2006, 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 August 9,2006, inspectors reinspected the property listed above. Inspectors noted
the one violation remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on September 5,2006, 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. Items include, BUT NOT
LIMITED TO;
1. SNOWBLOWER-PARTS
11. OFFICE CHAIR
111. MISC. GARBAGE/DEBRIS/JUNK
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).
P.149
CONCLUSIONS OF COUNCIL
1. That the property located at 4017 6th Street N.E. 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 4017 6th Street N .E. constitutes a nuisance pursuant to City Code.
2. That a copy of this 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
P.150
CITY COUNCIL LETTER
Meeting of September 11, 2006
I Arl1::;'l\.TnA C!Er'Tltlll.T.
\..JL1~LI u '-' '-'.l~"
Public
ORIOil'JATINO DEPARTMENT:
Fire
rITY
I MANAGER
APPROV AL
Hearings
NO:
~F
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
DATE: September 5,2006
NO: 2006-146
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Sharon Bates regarding property at 4231 6th Street N.E.
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. 2006-146 there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-146, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4231
6th Street N.E. a nuisa.l1ce and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
P.151
RESOLUTION 2006-146
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 Sharon Bates (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner ofthe real property located at 4231 6th Street N.E.
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 regular mail to the owner of record on August 7, 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 July 25,2006, 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 August 7, 2006, inspectors reinspected the property listed above. Inspectors noted
the one violation remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on September 5, 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. Items include, BUT NOT
LIMITED TO;
1. T ARP
11. DAMAGED BASKETBALL HOOP
111. FURNITURE
IV. MISC GARBAGE
v. CARDBOARD
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).
P.152
CONCLUSIONS OF COUNCIL
1. That the property located at 4231 6th Street N.E. 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 4231 6th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy ofthis 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
P.1S3
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION:
Public
I ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
Hearings
NO:
cG-
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
DATE: September 5, 2006
NO: 2006-147
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against AI-Noor Aqil regarding property at 4236 Polk Street
N.E. 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. 2006-147, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-147, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4236
Polk Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
P.154
RESOLUTION 2006-147
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 AI-Noor Agil (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner ofthe real property located at 4236 Polk Street N.E.
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 regular mail to the owner of record on August 8, 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 31 , 2006, an inspection was conducted on the property listed above. Inspectors
found seven violations. A compliance order was sent via regular mail to the owner at the
address.
2. That on August 8, 2006, inspectors reinspected the property listed above. Inspectors noted
the one violation remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on September 5, 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. Replace/repair the service door on the 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).
P.155
CONCLUSIONS OF COUNCIL
1. That the property located at 4236 Polk Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement attached hereto;
2. That all relevant parties and parties in interest have been duly served notice ofthis hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4236 Polk Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this 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 463.17,
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
P.156
CITY COUNCIL LETTER
Meeting of September 11, 2006
A.GENDi\ SECTION:
Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROV AL
NO:
~ l~
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
DATE: September 5, 2006
NO: 2006-148
Declaration ofa nuisance and abatement of violations within the City of Columbia
Heights is requested against Ifa Umar regarding property at 4349 ih Street N.E. 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. 2006-148, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-148, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4349
7th Street N.E. a nuis3-TIce and aODfovinQ the abatement of violations from the
~~ '-"
property pursuant to City Code section 8.206.
COUNCIL ACTION:
P.157
RESOLUTION 2006-148
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 Ifa Umar & Ibrahim Najat (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4349 ih Street N.E.
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 regular mail to the owner of record on August 10, 2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on July 6, 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 August 10, 2006, inspectors reinspected the property listed above. Inspectors noted
the two violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on September 6, 2006, inspectors reinspected the property and found that two violations
remained uncorrected.
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. Replace the missing door closer on the side storm door.
B. Replace the missing screens on the house.
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).
P.158
CONCLUSIONS OF COUNCIL
1. That the property located at 4349 7th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
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 4349 ih Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this 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 463.17,
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
P.159
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION: Public o RI G I1'-J A TI1'-J G D EP i~.R Tl'.1ENT: CITY
Hearings Fire MANAGER
NO: ~I APPROVAL
tid
ITEM: Adopt Resolution For BY: Gary Gorman B: 110
Abatement
DATE: September 5, 2006 - T: q4/{J~
NO: 2006-149
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Timothy Lawrence regarding property at 4501 5th Street
N.E. 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. 2006-149, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-149, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4501
5th Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
P.160
RESOLUTION 2006-149
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 Timothy Lawrence (Hereinafter "Owner of Record").
Whereas, the mvner of record is the legal owner of the real property located at 4501 5th Street N.E.
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 regular mail to the owner of record on August 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 July 18,2006, 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 August 22, 2006, inspectors reinspected the property listed above. Inspectors noted
that one violation remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on September 6, 2006, inspectors reinspected the property and found that one violation
remained uncorrected.
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 remove all/any outside storage from the property.
i. Old fencing/construction material.
ii. Pieces of lumber/pallet
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).
P.161
CONCLUSIONS OF COUNCIL
1. That the property located at 4501 5th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
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 4501 5th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this 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 463.17,
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
P.162
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION:
Public
ORIGll'-JATll'-JG DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
Hearings
NO:
CoT
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gonnan
DATE: September 5, 2006
NO: 2006-150
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Kim Zimmer regarding property at 4536 6th Street N.E.
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. 2006-150, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-150, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4536
6th Street N .E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
P.163
RESOLUTION 2006-150
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 Kim Zimmer (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner ofthe real property located at 4536 6th Street N.E.
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 regular mail to the owner of record on August 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 July 18,2006, 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 August 22,2006, inspectors reinspected the property listed above. Inspectors noted
that one violation remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on September 6, 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.
i. Tires along north side of 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).
P.164
CONCLUSIONS OF COUNCIL
1. That the property located at 4536 6th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
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 4536 6th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this 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 463.17,
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
P.165
CITY COUNCIL LETTER
Meeting of September 11, 2006
I AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
I Hearings Fire MANAGER
NO: ~k. APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BIi1~
Abatement
DATE: September 5, 2006 D E: ~-t-{)
NO: 2006-151
~
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Bevanna Mellema regarding property at 5011 5th Street
N.E. 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. 2006-151 there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-151, a resolution
of the City Council of the City of Columbia Heights declaring the property at 5011
5th Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
P.166
RESOLUTION 2006-151
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 Bevanna Mellema (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 5011 5th Street N.E.
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 regular mail to the owner of record on August 21, 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 July 13,2006 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 August 21,2006, inspectors reinspected the property listed above. Inspectors noted
that one violation remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on September 1, 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 Codes(s) were found to exist, to wit:
A. Remove old tarp and concrete chunks from along alley.
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 5011 5th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
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.
P.167
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
L The property located at 5011 5th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this 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 463.17,
subd. 2.
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary 1. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.168
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION:
Public
Hearings
ORIGINATING DEPARTMENT:
I Fire
CITY
MANAGER
APPROVAL
NO:
tal
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
DATE: September 5, 2006
NO: 2006-152
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Frank Oswald regarding property at 4538 5th Street N.E.
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. 2006-152, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-152, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4538
5th Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
P.169
RESOLUTION 2006-152
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 Frank E. Oswald (Hereinafter "Owner of Recordff).
Whereas, the owner of record is the legal owner of the real property located at 4538 5th Street N.E.
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 regular mail to the owner of record on August 16, 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 July 12, 2006 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 August 16,2006, inspectors reinspected the property listed above. Inspectors noted
that two violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on August 31,2006, 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 Codes( s) were found to exist, to wit:
A. Remove all/any outside storage from the property.
1. Ladder
11. Truck topper
111. Exercise equipment
IV. Hoses
v. Oil pan
VI. Bucket
V11. Vent/grate
V1l1. Bricks in back 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).
P.170
CONCLUSIONS OF COUNCIL
1. That the property located at 4538 5th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
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 4538 5th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this 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 463.17,
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
P.171
CITY COUNCIL LETTER
Meeting of September 11, 2006
Resolutions I ORIGINATING DEPARTMENT:
Fire
I AGENDA SECTION:
~ (\1\
NO:
I CITY
MA..NAGER
APPROVAL
ITEM:
Adopt Resolution For
Revocation
BY:
Gary Gorman
DATE: September 5,2006
NO: 2006-140
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against Deer Meadow Holdings regarding rental property at 1207-09 Circle
Terrace Blvd. N.E. 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.2006-140, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-140, Resolution of the
City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Deer Meadow
Holdings regarding rental property at 1207-09 Circle Terrace Blvd. N.E.
COUNCIL ACTION:
P.172
RESOLUTION 2006-140
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential
rental license held by Deer Meadow Holdings (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1207-09 Circle
Terrace Boulevard N.E., 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 August 14,2006 of an public hearing to be held on September
11,2006.
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 June 14,2006, inspectors for the City of Columbia Heights, inspected the
property described above and noted six 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 July 21, 2006 a representative for Deer Meadow Holdings called and
requested an extension of time to complete the repairs. An extension until August
14,2006 was granted.
3. That on August 14, 2006, inspectors for the City of Columbia Heights, reinspected
the property and noted three violations remained uncorrected. A statement of cause
was mailed via regular mail to the owner at the address listed on the rental housing
license application.
4. That on September 6,2006, 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 regular mail to the owner at the address listed on
the rental housing license application.
5. 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;
i. Shall repair the front entrance door that has been kicked in.
11. Shall have a qualified technician check the central air conditioner, the
water from the unit may not be draining correctly.
6. 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).
P.173
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F7560 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.
day of
2006
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.174
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION:
Resolutions
ORIGINATING DEPARTMENT:
Fire
CITY
MAN"A~GER
APPROVAL
~-O~
I
NO:
ITEM:
L,t~
Adopt Resolution For
Revocation
BY: Gary Gorman
DATE: September 5, 2006
NO: 2006-141
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against Corwin Spears regarding rental property at 1340 Pierce Terrace N.E. 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.2006-141, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-141, Resolution of the
City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter SA, Article IV, Section 5A.408(A) of the rental license held by Corwin Spears
regarding rental property at 1340 Pierce Terrace N.E.
COUNCIL ACTION:
P.175
RESOLUTION 2006-141
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential
rental license held by Corwin Spencer (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1340 Pierce Terrace
N.E., 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 August 7, 2006 of an public hearing to be held on September
11,2006.
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 June 19,2006 inspection office staff sent a letter requesting the owner of the
property to license the rental property. The letter was mailed by regular mail to the
owner at the address listed in the property records.
2. That on August 7, 2006, inspection office staff reviewed the property file and noted
that the property remained unlicensed. A Statement of Cause was mailed by reglar
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 license the rental license for the property, failure to submit the
application and the fees and failure to schedule an 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 U1340 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;
P.176
3. All tenants shall remove themselves from the premises within 60 days from the first
day of posting ofthis Order revoking the license as held by License Holder.
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.177
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION: Resolutions I ORIGINATING DEPARTMENT: CITY I
I Fire MANAGER
NO: GJO U APPROV AL
ITEM: Adopt Resolution For BY: Gary Gorman ~F
Revocation
DATE: September 5,2006 D E: dj-f~
NO: 2006-142
7
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against Oscar Curtis regarding rental property at 3935 Polk Street N.E. 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.2006-142, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-142, Resolution of the
City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Oscar Curtis
regarding rental property at 3935 Polk Street N.E.
COUNCIL ACTION:
P.178
RESOLUTION 2006-142
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 Oscar Curtis (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 3935 Polk 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 August 18,2006 of an public hearing to be held on September
11,2006.
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 July 26,2006 inspection office staff sent a letter requesting the owner of the
property to license the rental property. The letter was mailed by regular mail to the
owner at the address listed in the property records.
2. That on August 18,2006, inspection office staff reviewed the property file and noted
that the property remained unlicensed. A Statement of Cause was mailed by regular
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 return the required application and fees to obtain a rental license for
the property, and failure to schedule an 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 U3935 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;
P.179
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
P.180
CITY COUNCIL LETTER
Meeting of September 11, 2006
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY
J. '7"- Fire MAN.t>.1GER
NO: (0 IV APPROV AL
ITEM: Adopt Resolution For BY: Gary Gorman BY(;!1rv--
Revocation
DATE: September 5, 2006 DA E: C'r<iv
NO: 2006-143
~
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against Inez Muirana regarding rental property at 4258 2nd Street N.E. 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.2006-143, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-143, Resolution of the
City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter SA, Article IV, Section 5A.408(A) of the rental license held by Inez Muirana
regarding rental property at 4258 2nd Street N.E.
COUNCIL ACTION:
P.181
RESOLUTION 2006-143
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthat certain residential
rental license held by Inez Muirana (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4258 2nd Street
N.E., 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 August 18,2006 of an public hearing to be held on September
11,2006.
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 1, 2006 inspection office staff sent a letter requesting the owner of
the property to license the rental property. The letter was mailed by regular mail to
the owner at the address listed in the property records.
2. That on August 18,2006, inspection office staff reviewed the property file and noted
that the property remained unlicensed. A Statement of Cause was mailed by regular
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 return the required application and fees to obtain a rental license for
the property, and failure to schedule an 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 U4258 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;
P.182
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
P.183
CITY COUNCIL LETTER
Meeting of: September 11, 2006
AGENDA SECTION: CONSENT
NO.
fA {
ORIGINATING DEPT:
Finance
CITY MANAGER
APPROVAL
ITEM: BEING A RESOLUTION ADOPTING A
PROPOSED BUDGET FOR THE YEAR 2007, SETTING
I THE PROPOSED CITY LEVY, APPROVn~G THE HRA
LEVY, APPROVING A TAX RATE INCREASE AND
ESTABLISHING A BUDGET HEARING DATE FOR
PROPERTY TAXES PAY ABLE IN 2007
NO:
BY: William Elrite
BY:~j/ j~V-/
/ "",; ; 'Y"If'/'
,/.. -,~j. f/
t . ;e)W:; j/;!i I
I
DATE: 09/01/2006
The City of Columbia Heights proposed levy and total budget for the General, Library and EDA funds was
discussed at the City Council work session of August 29, 2006. At that meeting the City Manager
explained that a levy increase of $153,076 is needed to balance the 2007 budget. This equates to an
increase in the City's levy of 2.41 %. He further explained that the council might want to increase the
proposed levy by an additional $70,000 for potential add-backs or increases to the City Manager's
proposed levy. Adding $70,000 to the City Manager's recommendation would equal a 3.5 % increase in
the proposed levy. It should be noted that during the budget process and at the Truth in Taxation hearing in
December, the City Council can reduce the levy; however, the amount that is adopted as a proposed levy
cmIDot be increased after September 15, 2006.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-133 there being ample
copies available for the public.
($ 153.076 Levy Increase)
RECOMMENDED MOTION: Move to adopt Resolution 2006-133 being a resolution adopting a
proposed budget, setting the General, Library and EDA proposed levy at $ 6,500,613, establishing a
budget hearing date for property taxes payable in 2007 for December 4, 2006 at 7:00 p.m. in the City
Council Chambers, approving a tax rate increase, and approving the HRA levy of$ 176,330.
($ 223.076 Levy Increase)
ALTERNATE MOTION: Move to adopt Resolution 2006-133 being a resolution adopting a proposed
budget, setting the General, Library and EDA proposed levy at $ 6,570,613, establishing a budget hearing
date for property taxes payable in 2007 for December 4, 2006 at 7:00 p.m. in the City Council Chambers,
approving a tax rate increase, and approving the HRA levy of $ 176,330.
WE:sms
0609011 COUNCIL
COUNCIL ACTION:
P.184
City of Columbia Heights
Historic Information on
Property Values, Levies and LGA
Prepared 09/01/06
~
......
00
Ul
Revenue
Market Value Base Levy.
of Columbia LGA and
Heights HACA Aid
1996 546,047,800 5,806,160
2006 1,265,900,300 7,739,207
Amount of
Increase 719,852,500 1,933,047
Percent of
Increase 132% 33%
Revenue Base Amount
Levy and State adopted levy
Year Market Value Aids LGA HACA Tax Levy dElcreased
Adopted I Proposed from proposed
2007 N/A 7,739,207 1,238,594 N/A 6,500,613
2006 1,265,900,300 7,376,024 1,028,487 6,347,537 6,347,537 0
2005 1,197,740,600 7,161,010 1,058,473 6,102,537 6,241,986 -139,449
2004 1,072,678,600 6,900,401 1,453,141 5,447,260 5,447,260 0
2003 977,677,300 6,630,701 1,812,717 4,817,984 4,817,984 0
2002 839,022,200 7,412,771 2,588,641 4,824,130 4,851,347 -27,217
2001 744,888,200 7,015,538 2,385,618 1,004,368 3,625,552 3,625,552 0
2000 657,162,700 6,625,107 2,325,029 1,004,122 3,295,956 3,295,956 0
1999 608,453,400 6,492,176 2,294,210 959,341 3,238,625 3,238,625 0
1998 586,529,700 6,379,653 2,218,390 959,829 3,201,434 3,201,434 0
1997 564,682,300 6,172,675 2,174,903 959,628 3,038,144 3,038,144 0
1996 546,047,800 5,806,160 2,111,917 940,082 2,754,161 2,754,161 0
G:/next/data/market LGA levy.xls
RESOLUTION 2006-133
RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2007, SETTING THE PROPOSED CITY
LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET
HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2007.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA: that the following is hereby adopted by the City of Columbia Heights.
Section A. The budget for the City of Columbia Heights for the year 2007 is hereby approved and adopted with
appropriations for each of the funds listed below.
General Fund
Community Development Fund
Economic Development Fund
State Aid
Cable Television
Library
DARE Project
Infrastructure
Capital Improvement
Capital Equipment Replacement Funds
Construction Funds
Central Garage Fund
Liquor Operating
Liquor Capital/Non-Operating
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Storm Sewer Fund
Data Processing
Debt Service Fund
Total Expense Including Interfund Transfers
Expense
8,685,591
881,386
317,228
159,828
190,074
682,060
5,375
156,055
365,500
658,760
955,000
550,169
7,225,307
6,214,700
2,148,338
1,613,395
1,391,506
369,835
268,535
1,794,926
34,633,568
Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including
general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2007:
General Fund
Community Development Fund
Economic Development Fund
State Aid
Cable Television
Library
DARE Project
Infrastructure
Capital Improvements
Capital Equipment Replacement Funds
Construction Funds
Central Garage Fund
Liquor Operating
Liquor Capital/Non-Operating
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Storm Sewer Fund
Data Processing
Debt Service Fund
Total Revenue Including Interfurp~ 18 6'sfers
Revenue
8,685,591
881,386
317,228
159,828
190,074
682,060
5,375
156,055
365,500
658,760
955,000
550,169
7,225,307
6,214,700
2,148,338
1,613,395
1,391,506
369,835
268,535
1,794,926
34,633,568
RESOLUTION 2006-133
RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2007, SETTING THE PROPOSED CITY
LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET
HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2007.
Section C. The following sums of money are levied for the current year, collectable in 2007, upon the taxable
property in said City of Columbia Heights, for the following purposes:
Estimated General Fund Levy
5,854,967
Estimated Library Levy
504,748
Estimated EDA Fund Levy
Total 2007 Levy
140,898
6,500,613
Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment
Authority Tax Levy for the fiscal year 2007 in the amount of $176,330.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA:
That the public budget hearing is scheduled for December 4, 2006 at 7:00 p.m. in the City Council Chambers.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA,
MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2007 that
is higher than the tax rate calculated for the city for taxes levied in 2005, collectable in 2006.
BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2007 Bond
principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in
2007.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka
County, Minnesota.
Approved this ----- day of -----------------
Offered By:
Seconded By:
RollCall:
Ayes:
Nays:
Mayor Gary Peterson
Patricia Muscovitz, Deputy City Clerk
P.187
Alternate RESOLUTION 2006-133
RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2007, SETTING THE PROPOSED CITY
LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET
HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2007.
Section C. The following sums of money are levied for the current year, collectable in 2007, upon the taxable
property in said City of Columbia Heights, for the following purposes:
Estimated General Fund Levy
5,924,967
Estimated Library Levy
504,748
Estimated EDA Fund Levy
Total 2007 Levy
140,898
6,570,613
Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment
Authority Tax Levy for the fiscal year 2007 in the amount of $176,330.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA:
That the public budget hearing is scheduled for December 4, 2006 at 7:00 p.m. in the City Council Chambers.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA,
MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2007 that
is higher than the tax rate calculated for the city for taxes levied in 2005, collectable in 2006.
BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2007 Bond
principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in
2007.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka
County, Minnesota.
Approved this ----- day of m_____m______
Offered By:
Seconded By:
Roll Call:
Ayes:
Nays:
Mayor Gary Peterson
Patricia Muscovitz, Deputy City Clerk
P.188
COLUMBIA HEIGHTS CITY COUNCIL LETTER
AGENDA SECTION: Items for Consideration
NO: 2
ORlGINA TING DEP AR TMENT:
Community Development
CITY MANAGER'S
APPROV AL
ITEM: Resolution #2006-137 Conditional Use
Permit for outdoor storaQe at 4849 Central
'-"
Avenue. Case #2006-0901
BACKGROUND:
BY: Jeff Sargent, City Planner
DATE: September 7, 2006Js
BX: ) I G.{)~~
I ~~'u
At this time, Darren Farwell, d/b/a Savers, is requesting a Conditional Use Permit (CUP) to allow outdoor
storage at the property located at 4849 Central Avenue. The present use of the property is a strip mall,
with Savers store as a tenant. Currently, Savers is utilizing a large storage container as well as a semi
trailer to house excess materials that cannot be stored in the building. These outdoor enclosures are
considered to be outdoor storage for the business and would need to comply with the Zoning Code. The
Conditional Use Permit for outdoor storage would enable the applicant to continue using the storage
containers as long as the containers are placed in a fenced in area meeting the requirements for outdoor
storage in the City of Columbia Heights.
The Comprehensive Plan designates the property as Transit Oriented Development. The current use of the
property is consistent with those uses found in transit-oriented developments. Therefore, the proposed use
is consistent with the Comprehensive Plan.
The property located at 4849 Central Avenue is zoned MXD, Mixed-Use Development, as are the
properties to the south and east. The properties to the north are zoned commercial and residential, and the
properties to the west are located in the City of Hilltop. The Zoning Code at Section 9.112 (D)(2) states
that all conditional uses allowed in the commercially zoned parcels of the City are also allowed in the
MXD District. Code Section 9,110 (E)(3)(h) allows for outdoor storage as a Conditional Use in the GB,
General Business District.
RECOMMENDATION:
The Planning Commission held a public hearing on September 6, 2006 and recommended that the City
Council approve Conditional Use Permit based on the stated conditions, with a 4-1 vote.
RECOMMENDED MOTIONS:
Move to waive the reading of Resolution 2006-137, there being ample copies available to the public.
Move to adopt Resolution No. 2006-137, permitting outdoor storage for the business located at 4849
Central Avenue, subject to the conditions stated in the Resolution.
A h
R I . M 2006 137 PI
R
A Ail S' PI
ttac ments: eso utlOn o. - , annzn~. eport, rea ap, Ite an
COUNCIL ACTION:
P.189
RESOLUTION NO. 2006-137
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
SAVERS
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-0901) has been submitted by Darren FarweU of Savers to the
City Council requesting a conditional use permit from the City of Columbia Heights at the following
site:
ADDRESS: 4849 Central Avenue
LEGAL DESCRIPTION: On File at City Hall
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.112 (D)(2), to allow outdoor storage in the MXD, Mixed-Use District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on September 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.
P.190
Resolution No. 2006-137
2
7. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant agree
that this permit shall become null and void if the project has not been completed within one (1)
calendar vear after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The outdoor storage shall be located within the setback requirements of the GB, General
Business District.
2. There shall be no outdoor storage of materials located on the public right-of-way.
3. There shall be no storage of hazardous materials or other materials that may be injurious to
the general welfare of the public.
4. The area used for outdoor storage shall be surfaced with a hard surface material at all times,
as approved by the City Engineer.
5. Any type offence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall
screen the outdoor storage area.
6. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of
sufficient width to accommodate emergency vehicles as needed.
7. The height of materials stored, excluding operable vehicles and equipment, shall not exceed
the height of the screening provided.
P.191
Resolution No. 2006-137
3
Passed this _ day of September 200_
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.192
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2006-0901
DATE:
September 6, 2006
TO:
Columbia Heights Planning Commission
APPLICANT:
Darren Farwell, Savers
LOCATION:
4849 Central Avenue
REQUEST:
Conditional Use Permit for Outdoor Storage
PREPARED BY:
Jeff Sargent, City Planner
INTRODUCTION
At this time, Darren Farwell ("applicant") d/b/a Savers, is requesting a Conditional Use
Permit (CUP) to allow outdoor storage at the property located at 4849 Central Avenue.
The present use of the property is a strip mall, with Savers store as a tenant. Currently,
Savers is utilizing a large storage container as well as a semi trailer to house excess
materials that cannot be stored in the building. These outdoor enclosures are
considered to be outdoor storage for the business and would need to comply with the
Zoning Code. The Conditional Use Permit for outdoor storage would enable the
applicant to continue using the storage containers as long as the containers are placed
in a fenced in area meeting the requirements for outdoor storage in the City of Columbia
Heights ("City").
Comprehensive Plan
The Comprehensive Plan designates the property as Transit Oriented Development.
The current use of the property is consistent with those uses found in transit-oriented
developments. Therefore, the proposed use is consistent with the Comprehensive Plan.
Zoning Ordinance
The property located at 4849 Central Avenue is zoned MXD, Mixed-Use Development,
as are the properties to the south and east. The properties to the north are zoned
commercial and residential, and the properties to the west are located in the City of
Hilltop. The Zoning Code at Section 9.112 (0)(2) states that all conditional uses
allowed in the commercially zoned parcels of the City are also allowed in the MXD
District. Code Section 9,110 (E)(3)(h) allows for outdoor storage as a Conditional Use
P.193
City of Columbia Heights Planning Commission
Savers-Conditional Use Permit
September 6, 2006
Case # 2006-0901
in the GB, General Business District. The Specific Development Standards at Section
9.107 state the criteria in which the outdoor storage shall be used. These standards
state the following:
a) The outdoor storage area shall be accessory to a commercial or industrial
use.
The storage area will be accessory to Savers, which is a commercial use.
b) Outdoor storage within the public right-of-way is prohibited.
The proposed location for the outdoor storage is located fully within the property
boundaries. A condition will be implemented prohibiting storage on the public
right-of-way.
c) All outdoor storage areas shall meet the setback requirements for a principal
structure in the zoning district in which the use is located.
The Zoning Code states that the setback requirements shall maintain and
enhance the character of the neighborhood in which the development is located.
In this case, staff feels that it is appropriate to require the development to meet
the same setback requirements for the GB, General Business District. The
setback requirements for the GB District are as follows:
Front yard:
Side yard:
Comer side yard:
Rear yard:
15 feet
o feet
15 feet
20 feet
The site plan accompanying the CUP application indicates that these setback
requirements would be met.
d) Outdoor storage areas shall be located in rear yards or in the side yard
behind the front building line of the principal structure.
The site plan accompanying the CUP application indicates that the outdoor
storage area will be located in the rear yard.
e) The storage area shall be fenced and screened from adjacent uses and the
public right-of-way. Required screening shall consist of a fence, wall, earth
berming and/or vegetation no less than six (6) feet in height and no less than
80% opaque on a year round basis.
The site plan accompanying the CUP application indicates that a 6-foot tall
privacy fence will be erected around the perimeter of outdoor storage area. The
P.194
Page 2
City of Columbia Heights Planning Commission
Savers-Conditional Use Permit
September 6, 2006
Case # 2006-0901
fence will be required to be tall enough to screen all the materials to be stored.
f) All goods, materials and equipment shall be stored on an impervious surface.
The area in which the outdoor storage area will be located is current hard
surfaced. A condition of approval will be included indicating that at all times, the
outdoor storage materials shall be stored on an impervious surface.
g) All goods, materials and equipment shall be stored in an orderly fashion, with
access aisles of sufficient width to accommodate emergency vehicles as
needed.
h) The height of materials stored, excluding operable vehicles and equipment,
shall not exceed the height of the screening provided.
In this case, it appears as if the storage containers would exceed the 6-foot tall
fence that is proposed for the CUP. The applicant would have to erect a fence
that was tall enough to screen the storage containers.
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.
Outdoor storage is specifically listed as a Conditional Use in GB, General
Business District in the City of Columbia Heights. The MXD District allows all
Conditional Uses that are listed within each commercially zoned district.
(b) The use is in harmony with the general purpose and intent of the
comprehensive plan.
The intent of the Comprehensive Plan is met in this case. The land is
designated for Transit-Oriented Development. This type of commercial use is
consistent with the types of commercial uses in a transit-oriented
development.
(c) The use will not impose hazards or disturbing influences on neighboring
properties.
P.195
Page 3
City of Columbia Heights Planning Commission
Savers-Conditional Use Permit
September 6, 2006
Case # 2006-0901
The outdoor storage is required for the business to operate. At no time shall
any of the outdoor storage materials be hazardous or injurious in nature to the
public welfare. A condition will be added to this effect.
(d) The use will not substantially diminish the use of property in the immediate
vicinity.
The required setbacks for outdoor storage for the proposed CUP would help
ensure that the uses of properties in the immediate vicinity would not be
diminished in any capacity.
(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.
Outdoor storage in a commercially zoned area would be consistent with the
character of the surrounding area.
(f) The use and property upon which the use is located are adequately served by
essential public facilities and services.
The property located at 4849 Central A venue meets this criterion.
(g) Adequate measures have been or will be taken to minimize traffic congestion
on the public streets and to provide for appropriate on-site circulation of
traffic.
The nature of outdoor storage does not and will not generate an excess of
traffic, and will not create traffic congestion. Measures will be taken to ensure
that on-site circulation is provided.
(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.
Being that outdoor storage is allowed in the General Business District with a
CUP, it is assumed that there would be no negative cumulative effect of the
proposed use on other uses in the immediate vicinity.
(i) The use complies with all other applicable regulations for the district in which
it is located.
The proposed use will comply with all other applicable regulations for the
district.
P.196
Page 4
City of Columbia Heights Planning Commission
Savers-Conditional Use Permit
September 6, 2006
Case # 2006-0901
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council
approve the Conditional Use Permit for outdoor storage for the property located at 4849
Central Avenue, subject to conditions of approval outlined below.
Motion: The Planning Commission recommends that the City Council approve the
Conditional Use Permit for outdoor storage, subject to certain conditions of approval
that have been found to be necessary to protect the public interest and ensure
compliance with the provisions of the Zoning and Development Ordinance, including:
1. The outdoor storage shall be located within the setback requirements of the GB,
General Business District.
2. There shall be no outdoor storage of materials located on the public right-of-way.
3. There shall be no storage of hazardous materials or other materials that may be
injurious to the general welfare of the public.
4. The area used for outdoor storage shall be surfaced with a hard surface material
at all times, as approved by the City Engineer.
5. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80%
opaque shall screen the outdoor storage area.
6. All goods, materials and equipment shall be stored in an orderly fashion, with
access aisles of sufficient width to accommodate emergency vehicles as needed.
7. The height of materials stored, excluding operable vehicles and equipment, shall
not exceed the height of the screening provided.
ATTACHMENTS
· Draft Resolution
· Location Map
· Site Plan
P.197
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New metal fence installed around
trailer and storage container.. Metal
fence installed with plastic or wood
slats. Fence will be 6 feet high.
Fence enclosure will have double
swing gates on both sides.
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P.202
Savers. Inc.
11400 SE 6th Street
Suite 220
Bellevue. WA 98004
P.O, Box 808
Bellevue, WA 98009
P: 425-462-1515
F: 425-451-2250
www.savers.com
Canadian Corporate:
7350 Edmonds Street
Burnaby, BC V3N lA8
P: 604-540-4916
F: 604-540-6478
www.vvsinc.com
Savers Australia. Inc,
330 Sydney Road
Brunswick. Victoria
AU 3056
P: 011-61-3-9381-2800
F: 011-61-3-9381-2700
www.savers.com
Doing Business As
Va1ueVi11age
savers.
VillagePValeurs
August 2, 2006
Sent Via Federal Express
Mr. Jeff Sargent
City of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, Minnesota 55421
RE:
Savers #1029
4849 Central Ave. N.E., Columbia Heights, Minnesota
Dear Jeff:
In an effort to try and better our business practice in the community of Columbia Heights, Savers requests
approval to place a trailer and a storage container at our above referenced store. These are critical pieces in our
business and allow Savers to better provide for its customers and it helps keep clothing from going to landfills.
The trailer only takes up about five (5) parking stalls and is strategically located on the side of the building to
minimize interference with customer parking and store visibility. The trailer is 44' long and 8' wide and 9'
high (please see the attached drawing). Clothing that doesn't sell in our store is compacted into large bails and
sent to third world countries. This keeps the material from filling up our land fills. Bails weigh in excess of
1000 Ibs.. The full trailer is replaced with and empty trailer approximately every 7 days. The trailer is an
integral component in our recycling practice. An identical practice is used at all our 207 stores across the US
and Canada
The storage container takes up about five (5) parking stalls and is also located along side the building. The
storage container is important because it helps Savers keep an even flow of product in our store. The storage
container is 40' long and 8' wide and 8' high (please see the attached drawing). This as well is a very
important piece to out stores operation.
Savers has been a tenant of the Shopping Center since 1989, and we pride ourselves on the many benefits we
provide to the community. Our primary charity is ARC of Greater Twin Cities, formerly HARC. Through the
community's donations of clothing and household goods they help keep the land fills empty and also help
Savers support several local charity's and not for profit organizations. Should there be issues that arise with
this trailer we will work to correct them within 24 hours of notice.
DF/
CC: Joe VanDam, Manager- Supply Chain Inventory Management
Julie Wakulenko, Store Manager
P.203
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EXHIBIT "A"
LEGAL DESCRIPTION
PIN#25-30-24-32-0003. That part of the S.W. 1/4 of section 25-30-24
described as beginning at the N.W. corner of said S.W. 1/4, thence
south along west line thereof 383.0 feet thence east at right angles
254 feet more or less to the centerline of 49th Avenue N.E., thence
northwesterly along said centerline to point of beginning. Subject to
a road over west 50 feet thereof and northeasterly ~~ feet thereof,
Anoka County, Minnesota.
P.204
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P.206
COLUMBIA HEIGHTS CITY COUNCIL LETTER
AGENDA SECTION: Items for Consideration
NO: .,
ORIGINATING DEPARTMENT:
Community Development
CITY MANAGER'S
APPROVAL
ITEM: Resolution #2006-138 Conditional Use
Permit for outdoor storage at 5101 University
Avenue. Case #2006-0902
BACKGROUND:
BY: Jeff Sargent, City Planner
DATE: September 7, 2006 dS
At this time, James Trapp d/b/a MAT Propoerties is requesting a Conditional Use Permit (CUP) to allow
outdoor storage for his property located at 5101 University Avenue. The present use of the property is a
mechanics shop, requiring the need for storage of vehicle-related items. The current tenant currently
stores the excess vehicles parts, such as batteries, engine blocks, tires, car frames, and the like in the open
towards the side and rear of the property. The proposed CUP would allow the tenant to store the materials
needed for the business behind a privacy fence and out of public view.
This property has had numerous City Code violations in the past several years. The City has received
many complaints regarding the general upkeep of the property, including the storage of outdoor materials,
junk vehicles and other items on the site. The proposed CUP would be a positive step in trying to make
the property a more aesthetically appealing piece of land.
The Comprehensive Plan designates the property as medium density residential. The property, however, is
zoned GB, General Business. The proposal is consistent with the intent of the City's Comprehensive Plan
for commercially zoned properties.
The property located at 5101 University Avenue is zoned GB, General Business as are the properties to
the north and south. The properties to the east are zoned R-2A, One and Two Family Residential, and the
properties to the west are located in the City of Fridley. The Zoning Code at Section 9.110 (E)(3) allows
for outdoor storage as a Conditional Use.
RECOMMENDATION:
The Planning Commission held a public hearing on September 6, 2006 and recommended that the City
Council approve Conditional Use Permit based on the stated conditions, with a 4-1 vote.
RECOMMENDED MOTIONS:
Move to waive the reading of Resolution 2006-138, there being ample copies available to the public.
Move to adopt Resolution No. 2006-138, permitting outdoor storage for the business located at 5101
University Avenue, subject to the conditions stated in the Resolution.
A h
R I . M 2006 J 38 PI . R
A M. S' PI
ttac ments: eso utlOn o. - , anmn);;. eport, rea ap, Ite an
COUNCIL ACTION:
P.207
RESOLUTION NO. 2006-138
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
MAT PROPERTIES, INC.
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-0902) has been submitted by James Trapp oflvlAT Properties
to the City Council requesting a conditional use permit from the City of Columbia Heights at the
following site:
ADDRESS: 5101 University Avenue
LEGAL DESCRIPTION: Lot 16, Block 5, Roslyn Park.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.110 (E)(3 )(h), to allow outdoor storage in the GB, General Business District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on September 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 ofthe existing or intended character of the surrounding area.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services.
P.20S
Resolution No. 2006-138
Page 2
7. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
8. The use \-vill not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part ofthis permit and approval; and in granting this permit the city and the applicant agree
that this permit shall become null and void if the project has not been completed within one (1)
calendar vear after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The outdoor storage shall be located within the setback requirements of the GB, General
Business District.
2. There shall be no outdoor storage of materials located on the public right-of-way.
3. There shall be no storage of hazardous materials or other materials that may be injurious to
the general welfare of the public.
4. There shall be no open outdoor storage of vehicle tires on site.
5. There shall be no cars for sale on the property, and customers shall not buy vehicles from the
site, unless a Conditional Use Permit is granted in the future to allow this.
6. The area used for outdoor storage shall be surfaced with a hard surface material at all times,
as approved by the City Engineer.
7. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall
screen the outdoor storage area.
8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of
sufficient width to accommodate emergency vehicles as needed.
9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed
the height of the screening provided.
P.209
Resolution No. 2006-138
Page 3
Passed this _ day of September 200_
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.2IO
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2006-0902
DATE:
September 6,2006
TO:
Columbia Heights Planning Commission
APPLICANT:
MAT Properties
LOCATION:
5101 University Avenue
REQUEST:
Conditional Use Permit for Outdoor Storage
PREPARED BY:
Jeff Sargent, City Planner
INTRODUCTION
At this time, James Trapp d/b/a MAT Propoerties is requesting a Conditional Use Permit
(CUP) to allow outdoor storage for his property located at 5101 University Avenue. The
present use of the property is a mechanics shop, requiring the need for storage of
vehicle-related items. The current tenant currently stores the excess vehicles parts,
such as batteries, engine blocks, tires, car frames, and the like in the open towards the
side and rear of the property. The proposed CUP would allow the tenant to store the
materials needed for the business behind a privacy fence and out of public view.
This property has had numerous City Code violations in the past several years. The
City has received many complaints regarding the general upkeep of the property,
including the storage of outdoor materials, junk vehicles and other items on the site.
The proposed CUP would be a positive step in trying to make the property a more
aesthetically appealing piece of land.
Comprehensive Plan
The Comprehensive Plan designates the property as medium density residential. The
property, however, is zoned GB, General Business. The proposal is consistent with the
intent of the City's Comprehensive Plan for commercially zoned properties.
Zoning Ordinance
The property located at 5101 University Avenue is zoned GB, General Business as are
the properties to the north and south. The properties to the east are zoned R-2A, One
and Two Family Residential, and the properties to the west are located in the City of
P.211
City of Columbia Heights Planning Commission
MAT Properties-Conditional Use Permit
September 6, 2006
Case # 2006-0902
Fridley. The Zoning Code at Section 9.110 (E)(3) allows for outdoor storage as a
Conditional Use. The Specific Development Standards at Section 9.107 state the
criteria in which the outdoor storage shall be used. These standards state the following:
a) The outdoor storage area shall be accessory to a commercial or industrial
use.
The storage area will be accessory to AAs Automotive, Inc." which is a
commercial use.
b) Outdoor storage within the public right-of-way is prohibited.
The proposed location for the outdoor storage is located fully within the property
boundaries. A condition will be implemented prohibiting storage on the public
right-of-way.
c) All outdoor storage areas shall meet the setback requirements for a principal
structure in the zoning district in which the use is located.
The setback requirements for the GB District are as follows:
Front yard:
Side yard:
Comer side yard:
Rear yard:
15 feet
o feet
15 feet
20 feet
The site plan accompanying the CUP application indicates that these setback
requirements would be met.
d) Outdoor storage areas shall be located in rear yards or in the side yard
behind the front building line of the principal structure.
The site plan accompanying the CUP application indicates that the outdoor
storage area will be located in the side and rear yards.
e) The storage area shall be fenced and screened from adjacent uses and the
public right-of-way. Required screening shall consist of a fence, wall, earth
berming and/or vegetation no less than six (6) feet in height and no less than
80% opaque on a year round basis.
The site plan accompanying the CUP application indicates that a 6-foot tall
privacy fence will be erected around the perimeter of outdoor storage area.
f) All goods, materials and equipment shall be stored on an impervious surface.
P.212
Page 2
City of Columbia Heights Planning Commission
MAT Properties-Conditional Use Permit
September 6, 2006
Case # 2006-0902
The area in which the outdoor storage area will be located is current hard
surfaced. A condition of approval will be included indicating that at all times, the
outdoor storage materials shall be stored on an impervious surface.
g) All goods, materials and equipment shall be stored in an orderly fashion, with
access aisles of sufficient width to accommodate emergency vehicles as
needed.
h) The height of materials stored, excluding operable vehicles and equipment,
shall not exceed the height of the screening provided.
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.
Outdoor storage is specifically listed as a Conditional Use in GB, General
Business District in the City of Columbia Heights.
(b) The use is in harmony with the general purpose and intent of the
comprehensive plan.
The intent of the Comprehensive Plan is to promote a consistent usage of
land with what is currently provided. Although the Comprehensive Plan
guides this area for medium density residential, the underlying zoning is for a
commercial use. Outdoor storage is a permitted conditional use in the GB
District, causing the use to be consistent with the Comprehensive Plan.
(c) The use will not impose hazards or disturbing influences on neighboring
properties.
The outdoor storage is required for the business to operate. The nature of
the business requires some of the outdoor storage materials to be compatible
with a mechanics shop. At no time shall any of the outdoor storage material
be hazardous or injurious in nature to the public welfare. A condition will be
added to this effect.
(d) The use will not substantially diminish the use of property in the immediate
vicinity.
P.213
Page 3
City of Columbia Heights Planning Commission
MAT Properties-Conditional Use Permit
September 6, 2006
Case # 2006-0902
The required setbacks for outdoor storage for the proposed CUP would help
ensure that the uses of properties in the immediate vicinity would not be
diminished in any capacity.
(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.
Outdoor storage in a commercially zoned area would be consistent with the
character of the surrounding area, which is zoned commercial to the north
and south.
(f) The use and property upon which the use is located are adequately served by
essential public facilities and services.
The property located at 5101 University Avenue meets this criterion.
(g) Adequate measures have been or will be taken to minimize traffic congestion
on the public streets and to provide for appropriate on-site circulation of
traffic.
The nature of outdoor storage does not and will not generate an excess of
traffic, and will not create traffic congestion. Measures will be taken to ensure
that on-site circulation is provided.
(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.
Being that outdoor storage is allowed in the General Business District with a
CUP, it is assumed that there would be no negative cumulative effect of the
proposed use on other uses in the immediate vicinity.
(i) The use complies with all other applicable regulations for the district in which
it is located.
The proposed use will comply with all other applicable regulations for the
district.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council
approve the Conditional Use Permit for outdoor storage for the property located at 5101
University Avenue, subject to conditions of approval outlined below.
Motion: The Planning Commission recommends that the City Council approve the
P.214
Page 4
City of Columbia Heights Planning Commission
MAT Properties-Conditional Use Permit
September 6, 2006
Case # 2006-0902
Conditional Use Permit for outdoor storage, subject to certain conditions of approval
that have been found to be necessary to protect the public interest and ensure
compliance with the provisions of the Zoning and Development Ordinance, including:
1. The outdoor storage shall be located within the setback requirements of the GB,
General Business District.
2. There shail be no outdoor storage of materials located on the public right-of-way.
3. There shall be no storage of hazardous materials or other materials that may be
injurious to the general welfare of the public.
4. There shall be no outdoor storage of vehicle tires on site.
5. There shall be no cars for sale on the property, and customers shall not buy
vehicles from the site, unless a Conditional Use Permit is granted in the future to
allow this.
6. The area used for outdoor storage shall be surfaced with a hard surface material
at all times, as approved by the City Engineer.
7. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80%
opaque shall screen the outdoor storage area.
8. All goods, materials and equipment shall be stored in an orderly fashion, with
access aisles of sufficient width to accommodate emergency vehicles as needed.
9. The height of materials stored, excluding operable vehicles and equipment, shall
not exceed the height of the screening provided.
ATTACHMENTS
· Draft Resolution
· Location Map
· Site Plan
P.215
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sign. P.218
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P.219
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P.220
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meetmg of: September 11, 2006
AGENDA SECTION: Consent Item~ A I i
NO: I. "\
ORIGINATING DEP AR TMENT:
Community Development
CITY MANAGER'S
APPROV AL
ITEM: Adopt Resolutions 2006-153, 154, 155, and
156 for the Denial of Site Plan Approval and
Variances for properties at 4900 Central A venue
and 4910 Central Avenue.
BY: Jeff Sargent, City Planner
DATE: September 7, 2006 ~
~-o~
BACKGROUND: Border Foods, Inc. is representing both Taco Bell and Starbucks in an effort to redevelop the
land located at 4900 Central A venue and 4910 Central A venue. The proposal includes replacing the existing Taco
Bell restaurant and Dave's Car Wash, with a new Taco Bell restaurant and a Starbucks building. The proposal
requires the following approvals:
I. Site Plan Approval for the Taco Bell restaurant per Code Section 9.104 (M).
2. Site Plan Approval for the Starbucks restaurant per Code Section 9.104 (M).
3. A 2-foot parking stall length variance for the Taco Bell parcel per Code Section 9.106 (L)(7)(a).
4. A 2-foot parking stall length variance for the Starbucks parcel per Code Section 9.106 (L)(7)(a).
5. A 31.24 square foot area variance for wall signage for the Taco Bell building per Code Section 9.106
(P)(12)(b)(1 ).
6. The project will also require 13 deviations from the Highway District Design Guidelines.
The applicant's proposal requires 13 waivers from the City's Design Guidelines. These Guidelines were adopted by
the City Council after one year of preparation by a citizens group that included residents, as well as Central A venue
business owners. The guidelines were established to increase the visual appeal and pedestrian orientation of certain
major street corridors within the city, thereby increasing the economic vitality of these corridors, and supporting the
goals ofthe Comprehensive Plan. The guidelines represent the minimum standards for design quality and have been
implemented by Discount Tire, Advanced Auto Parts, and Grand Central Lofts, all on Central Avenue. Ryland
Homes, Inc. and Schafer Richardson have also used the guidelines in the redevelopment of the Industrial Park.
Border Food's request to waive 13 of the Design Guidelines is not consistent with the Comprehensive Plan.
RECOMMENDATION: The Planning Commission held a public hearing on September 6, 2006 and
recommended that the City Council deny the site plan approvals with associated variances, with a 5-0 vote.
RECOMMENDED MOTIONS:
Move to waive the reading of Resolution 2006-153, and Resolution 2006-154, there being ample copies
available to the public.
Move to adopt Resolution No. 2006-153 and 2006-154, DENYING the site plan and associated variances for
the properties located at 4900 Central Avenue, for the reasons stated in the Resolution.
Move to waive the reading of Resolution 2006-155, and Resolution 2006-156, there being ample copies
available to the public.
Move to adopt Resolution No. 2006-155 and 2006-156, DENYING the site plan and associated variances for
the properties located at 4910 Central A venue, for the reasons stated in the Resolution.
A h
t R I' ]V, 2006153154155 d156 PI
R
A M S' PI
ttac men s: eso utlOn os. - , , an , anmnK. eport, rea aD, lfe an
COUNCIL ACTION:
P.222
DRAFT RESOLUTION NO. 2006-153
RESOLUTION OF DENIAL OF THE CITY COUNCIL FOR A SITE PLAN FOR
ST ARBUCKS COFFEE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case # 2006-0605) has been submitted by Border Foods, Inc. to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4900 Central Avenue
LEGAL DESCRlPTION: On File at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: Site Plan approval for an addition
in the GB, General Business District, per Code Section 9.104 (M).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on September 6,2006;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect ofthe 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 ofthe City of Columbia Heights
that the City Council does accept and shall adopt the following findings of the Planning
Commission:
1. The site plan conforms to all applicable requirements of this article.
The site pian does not conform to the Design Guidelines established for Central
Avenue, as the site plan calls for 13 deviations from the minimum requirements.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
The site plan is not consistent with the applicable provisions of the City's
Comprehensive Plan because it fails to create a project that meets the minimum
standards of the City Code.
3. The site plan is consistent with any applicable area plan.
Currently, there is no area plan for the proposed project area.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
The proposed plans are consistent with the Zoning Code in regards to building setback
and screening from adjacent residentially zoned parcels. For this reason, the site plan
minimizes and adverse impacts on property in the immediate vicinity and public rights-
of-way.
P.223
Resolution No. 2006-153
Page 2
FURTHER, BE IT RESOLVED, that said site plan is denied based on the following:
1. There are 13 deviations from the Design Guidelines in conjunction with the Site Plan
request.
2. The site plan is not consistent with the City's Comprehensive Plan.
Passed this _ day of September, 2006
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.224
RESOLUTION NO. 2006-154
RESOLUTION OF DENIAL
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR BORDER FOODS, INC.
WHEREAS, a proposal (Case # 2006-0605) has been submitted by Border Foods, Inc. to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4900 Central Avenue
LEGAL DESCRIPTION: On File at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length
variance per Code Section 9.106 (L)(7)(a).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on September 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 does accept and shall adopt 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 ofland involved, where strict adherence to the
provisions of this Ordinance would cause undue hardship.
The applicant's design has caused the necessity ofthe variances and no hardship is
present.
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.
The applicant has created the hardship by purchasing a piece of property and
attempting to place a commercial use on the property, which requires more land to
meet the City's minimum requirements. There are no unique circumstances
surrounding the parcel that differentiate themselves from 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.
The owner of the property has caused the stated hardship being used to justify the
variance requests. The varianp. 2 2 sIuest is a direct result of the proposed
Resolution No. 2006-154
Page 2
orientation of the building, which the applicant has decided on.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
Granting this variance request would allow for the placement of a building that is
inconsistent with the Design Guidelines, which in turn are established to implement
the Comprehensive Plan. For this reason, granting the variance would not be
harmonious with the 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.
Granting the variance would not be materially detrimental to the public welfare.
The parking stall length variance would help accommodate pedestrians by
providing more parking stalls on site.
FURTHER, BE IT RESOLVED, that said variance requests are denied based on the following:
1. Other site layout options would enable the parking stalls to comply with City Code.
Therefore, there is no hardship to warrant the variance.
Passed this _ day of September, 2006
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.226
DRAFT RESOLUTION NO. 2006-155
RESOLUTION OF DENIAL OF THE CITY COUNCIL FOR A SITE PLAN FOR TACO
BELL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case # 2006-0604) has been submitted by Border Foods, Inc. to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4910 Central Avenue
LEGAL DESCRIPTION: On File at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: Site Plan approval for an addition
in the GB, General Business District, per Code Section 9.104 (M).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on September 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 ofthe
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 does accept and shall adopt the following findings of the Planning
Commission:
1. The site plan conforms to all applicable requirements of this article.
The site plan does not conform to the Design Guidelines established for Central
Avenue, as the site plan calls for 13 deviations from the minimum requirements.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
The site plan is not consistent with the applicable provisions of the City's
Comprehensive Plan because it fails to create a project that meets the minimum
standards of the City Code.
3. The site plan is consistent with any applicable area plan.
Currently, there is no area plan for the proposed project area.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
The proposed plans are consistent with the Zoning Code in regards to building setback
and screening from adjacent residentially zoned parcels. For this reason, the site plan
minimizes and adverse impacts on property in the immediate vicinity and public rights-
of-way.
P.227
Resolution No. 2006-155
Page 2
FURTHER, BE IT RESOLVED, that said site plan is denied based on the following:
1. There are 13 deviations from the Design Guidelines in conjunction with the Site Plan
request.
2. The site plan is not consistent with the City's Comprehensive Plan.
Passed this _ day of September, 2006
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.228
RESOLUTION NO. 2006-156
RESOLUTION OF DENIAL
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR BORDER FOODS, INC.
WHEREAS, a proposal (Case # 2006-0604) has been submitted by Border Foods, Inc. to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4910 Central Avenue
LEGAL DESCRIPTION: On File at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length
variance per Code Section 9.106 (L)(7)(a); and a 31.24 square foot area variance for wall
signage per Code Section 9.106 (P)( 12)(b)( 1).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on September 6, 2006;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect ofthe 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 does accept and shall adopt 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 ofland involved, where strict adherence to the
provisions of this Ordinance would cause undue hardship.
The applicant's design has caused the necessity of the variances and no hardship is
present.
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.
The applicant has created the hardship by purchasing a piece of property and
attempting to place a commercial use on the property, which requires more land to
meet the City's minimum requirements. There are no unique circumstances
surrounding the parcel that differentiate themselves from 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.
The owner of the property has calp. 22. gle stated hardship being used to justify the
Resolution No. 2006-156
Page 2
variance requests. The variance request is a direct result of the proposed
orientation of the building, which the applicant has decided on.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Pla..'1.
Granting this variance request would allow for the placement of a building that is
inconsistent with the Design Guidelines, which in turn are established to implement
the Comprehensive Plan. For this reason, granting the variance would not be
harmonious with the 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.
Granting the variance would not be materially detrimental to the public welfare.
The parking stall length variance would help accommodate pedestrians by
providing more parking stalls on site.
FURTHER, BE IT RESOLVED, that said variance requests are denied based on the following:
1. Other site layout options would enable the parking stalls to comply with City Code.
Therefore, there is no hardship to justify the variance.
2. Reorienting the building would allow more signage on the building. Therefore, the applicant
has caused the hardship and would not justify warranting the variance.
Passed this _ day of September, 2006
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.230
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER: 2006-0604
DATE: September 6,2006
TO: Columbia Heights Planning Commission
APPLICANT: Border Foods, Inc. (Barb Schneider)
LOCATION: 4910 Central Avenue
REQUEST: Site Plan Approval, deviations from Design Guidelines, Variances
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
Border Foods, Inc. ("applicant") submitted a plan for a new Taco Bell and Starbucks
restaurant to be located at the corner of 49th Avenue and Central Avenue to the Planning
Commission on August 8, 2006. This plan required a total of three (3) variance requests
and thirteen (13) deviations from the Design Guidelines established for Central Avenue. At
the August 8, 2006 Planning Commission meeting, the applicant requested that his
applicant be continued to the September 6, 2006 meeting.
At this time, the applicant has not submitted any new plans to the City of Columbia Heights
("City") regarding this application. The applicant is working to secure a driveway access
from the property owner to the north in order to be able to redesign the site layout for the
two buildings. The applicant has also stated that the Taco Bell and Starbucks corporate
entities have been informed on the Design Standards that the City has, and that changes
to the originally proposed plans would need to be made in order for the project to be
approved.
No new plans have been submitted, and at this time, the applicant wishes to pursue the
originally proposed plans:
Border Foods, Inc. is representing both Taco Bell and Starbucks in an effort to redevelop
the land located at 4900 Central Avenue and 4910 Central Avenue. The proposal includes
replacing the existing Taco Bell restaurant and Dave's Car Wash, with a new Taco Bell
restaurant and a Starbucks building. The proposal requires the following approvals:
1. Site Plan Approval for the Taco Bell restaurant per Code Section 9.104 (M).
2. Site Plan Approval for the Starbucks restaurant per Code Section 9.104 (M).
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Case # 2006-0604
3. A 2-foot parking stall length variance for the Taco Bell parcel per Code Section
9.106 (L)(7)(a).
4. A 2-foot parking stall length variance for the Starbucks parcel per Code Section
9.106 (L)(7)(a).
5. A 31.24 square foot area variance for wall signage for the Taco Bell building per
Code Section 9.106 (P)(12)(b)(1).
6. The project will also require 13 deviations from the Highway District Design
Guidelines.
Background
For approximately the last four years, Border Foods, Inc. has attempted to acquire 14 feet
of the southerly portion of the property occupied by Dave's Car Wash, for the purpose of
building a new Taco Bell at the existing location. On February 7, 2006, Border Foods
acquired this property in its entirety.
After the acquisition, the applicant contacted the City of Columbia Heights ("City"),
indicating their desire to redevelop the site to include a new Taco Bell restaurant and a
Starbucks Coffee Shop. During many meetings, it became apparent that the Border Foods
proposal would require variances and a number of waivers from the City's Design
Guidelines. Staff worked diligently with the applicant, suggesting some potential
alternatives to bring their proposal into conformity with the City's Design Guidelines.
COMPREHENSIVE PLAN
The Comprehensive Plan is prepared by the community and approved by the City Council.
It establishes the future vision for Columbia Heights over a 10 - year period and best
represents the public interest. The Zoning Code, Subdivision Regulations, Building Code
and Design Guidelines are standards created to ensure the Comprehensive Plan is
implemented. The primary function of the Planning Commission is to ensure the
implementation of the Comprehensive Plan.
The Comprehensive Plan designates this area for commercial development and includes
goals for commercial and economic development. These include strengthening the image
of the community as a desirable place to live and work; providing opportunities and
mechanisms for successful redevelopment of targeted areas; preserving and enhancing
the existing commercial areas within the community; advocating high quality development
and redevelopment within the community; and enhancing the economic viability of the
community. The applicant's proposal is a commercial proposal and therefore consistent
with the Comprehensive Plan in that regard.
The applicant's proposal also requires 13 waivers from the City's Design Guidelines.
These Guidelines were adopted by the City Council after one year of preparation by a
citizens group that included residents, as well as Central Avenue business owners. The
guidelines were established to increase the visual appeal and pedestrian orientation of
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September 6, 2006
Case # 2006-0604
certain major street corridors within the city, thereby increasing the economic vitality of
these corridors, and supporting the goals of the Comprehensive Plan. The guidelines
represent the minimum standards for design quality and have been implemented by
Discount Tire, Advanced Auto Parts, and Grand Central Lofts, all on Central Avenue.
Ryland Homes, Inc. and Schafer Richardson have also used the guidelines in the
redevelopment of the Industrial Park. Border Food's request to waive 13 of the Design
Guidelines is not consistent with the Comprehensive Plan.
ZONING CODe
Zoning
The property is located in the GB, General Business District, and is adjacent to Central
Avenue. The properties to the north and east are also zoned GB, General Business. The
properties to the west are zoned R2-A and R2-B, One and Two Family Residential
Districts. The property to the south is zoned commercial and is in the City of Hilltop.
Landscape Plan
For all new construction, the City's Zoning Code requires a landscape plan meeting
minimum standards as outlined in the Code. The proposed landscape plan effectively
screens the proposed parking areas while creating a pedestrian-friendly atmosphere. The
existing fencing along the alley right-of-way is also in poor condition, however the applicant
has proposed to replace the fence with a new privacy fence. These improvements meet
the City Code requirements in all aspects.
Storm water Management
According to the City Engineer, the Taco Bell/Starbucks preliminary site plans did not meet
the requirements of City Code section 9.609 - Stormwater Management and the City's
NPDES permit requirements. The plan set did not include any type of provisions for
treating the surface water prior discharging from the site in accordance with the Stormwater
Management Ordinance and the City's BMP's. A site-specific stormwater plan must be
submitted for approval for final platting.
Design Guidelines
The project is located at 4900 and 4910 Central Avenue, which is also located within the
Design Guidelines' "Highway District". Properties located in this district are subject to these
design guidelines when discussing the placement of the building on the lot, the height of
the building, architectural details of the building, and signage.
The design guidelines build on and complement recently completed streetscape
improvements to the Central Avenue business district. They were developed by
consultants, and a Citizen Task Force with representatives from the City Council, Planning
Commission, area business owners and landowners, and interested citizens, and are
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September 6, 2006
Case # 2006-0604
mandatory.
It is assumed that the intent of the guidelines should be met, however, it is understood that
there may be alternative ways to achieve the same design objectives. The City may permit
alternative approaches that, in its determination, meet the objective(s) of the design
guideline(s) equally well. The City may also waive any guideline when specific physical
conditions of the site or building would make compliance more difficult or inappropriate.
FINDINGS OF FACT
Site Plan
Section 9.413, subd. 4 of the Columbia Heights Zoning Code requires that the Planning
Commission make each of the following four (4) findings before approving a site plan:
1. The site plan conforms to all applicable requirements of the Ordinance.
As stated previously, the project site is located in the Design Guideline Corridor and
is located in the "Highway District". There are 13 total proposed deviations from the
Design Guidelines for the construction of the Taco Bell and Starbucks buildings as
currently presented. They include the following:
Building Placement. The Design Guidelines require the buildings to have a well-
defined front far;;ade with primary entrances facing the street. Buildings should be
aligned so that the dominant lines of their facades parallel the line of the street and
create a continuous edge.
1. Taco Bell. The Taco Bell building does not have a well-defined front far;;ade
facing Central A venue. The main far;;ade with accompanying front entrance
face the south, into the parking lot, which does not meet the Design Guidelines
criterion.
2. Starbucks. The Starbucks building does not have a well-defined front far;;ade
facing Central A venue. The main far;;ade with accompanying front entrance
face the north, into the parking lot, which does not meet the Design Guidelines
criterion.
Building Height. All buildings shall have a minimum cornice height of 22 feet in
order to create an increased sense of enclosure and diminish the perceived width of
the street. This also conveys a multi-story appearance even if the building has only
one occupied floor.
3. Taco Bell. The plans for the Taco Bell building indicate a height of 18 feet 3
inches to the parapet wall. The proposed height is not consistent with the
Design Guidelines.
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September 6, 2006
Case # 2006-0604
4. Starbucks. The plans for the Starbucks building indicate a height of 18 feet 4
inches to the top of the cornice. The proposed height is not consistent with the
Design Guidelines.
Entries. Primary building entrances on all buildings shall face the primary abutting
street or walkway (Central Avenue).
5. Taco Be/!. The primary entrance for the Taco Be!! building does not face
Central A venue; rather it faces south, towards the parking lot. The proposed
location of the main entry is not consistent with the Design Guidelines.
6. Starbucks. The primary entrance for the Starbucks building does not face
Central A venue; rather it faces north, towards the parking lot. The proposed
location of the main entry is not consistent with the Design Guidelines.
Franchise Architecture. Franchise architecture (building design that is
trademarked or identified with a particular chain or corporation and is generic in
nature) is generally discouraged unless it employs a traditional storefront
commercial style. This is to encourage new building design that is supportive of the
urban design goals of the City, and that responds to its context.
7. Taco Bell. The Taco Bell stand-alone building is a prototype to be used in
other locations as well. The architectural detailing on the building, including,
but not limited to the "flying arch" is indicative of a Taco Bell franchise building.
For this reason the design does not meet the Design Guidelines in regards to
franchise architecture.
Drive-through Facilities. Drive through elements shall be placed to the side or
rear of the principal building, and shall not be located between any building faqade
and Central A venue.
8. Taco Bell. The Taco Bell plans indicate that the preview board, menu board,
and the bulk of the queuing line will be placed between the front faqade of the
building and Central A venue. The placement of these elements is not
consistent with the Design Guidelines.
Freestanding Signage. Ground or monument signs are encouraged rather than
pylon signs.
9. Taco Bell. The Taco Bell project is proposing to utilize a 25-foot pylon sign for
their freestanding signage. This is not consistent with the Design Guidelines,
as the guidelines require the use of monument signs, at a maximum height of 8
feet.
10. Starbucks. The Starbucks project is proposing to utilize a 25-foot pylon sign
for their freestanding signage. This is not consistent with the Design
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City of Columbia Heights Planning Commission
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September 6, 2006
Case # 2006-0604
Guidelines, as the guidelines require the use of monument signs, at a
maximum height of 8 feet.
Sign Illumination. External illumination of signs is required. Internally box signs
and awning are not permitted with the exception of theatre marquees.
11. Taco Bell. The Taco Bell project is proposing to use an internally lit pylon
sign, which is not consistent with the Design Guidelines,
12. Starbucks. The Starbucks project is proposing to use an internally lit pylon
sign, which is not consistent with the Design Guidelines.
Illuminated Wall Signage. External illumination of signs is permitted by
incandescent, metal halide or fluorescent light that emits a continuous white light.
Internally lit box signs and awnings are not permitted.
13. Taco Bell. The Taco Bell building proposes the use ofa box sign logo, which
is internally illuminated. This type of sign age must be externally lit per the
Design Guidelines. For this reason, the proposed is not consistent with the
requirement.
2. The site plan is consistent with the applicable provisions of the City's
Comprehensive Plan.
As stated previously, the site plan is not consistent with the applicable provisions
of the City's Comprehensive Plan because it fails to create a project that meets
the minimum standards.
3. The site plan is consistent with any applicable area plan.
Currently, there is no area plan for the proposed project area.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity
and the public right-of-way.
The proposed plans are consistent with the Zoning Code in regards to building
setback and screening from adjacent residentially zoned parcels. For this
reason, the site plan minimizes and adverse impacts on property in the
immediate vicinity and public rights-of-way.
Variances
Section 9.407, subd. 6 of the Columbia Heights Zoning Code requires that the Planning
Commission make each of the following five (5) findings before approving a variance.
Taco Bell2-foot oarkina stalllenath Variance reauest:
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September 6, 2006
Case # 2006-0604
1. Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this Ordinance would cause undue hardship.
The proposed orientation of the building decreases the amount of land available
to meet setback requirements for the parking lot, while maintaining adequate
parking stal/ lengths and drive aisle widths. If the building was oriented
differently on the pmperty, adequate space could be achieved to meet the City
Code requirements for the parking stal/lengths. For this reason, the applicant's
design has caused the necessity of the variance and no hardship is present.
2. The conditions upon which the variances are based are unique to the specific
parcel of land involved and are generally not applicable to other properties within
the same zoning classification.
The applicant has created the hardship by purchasing a piece of property and
attempting to place a commercial use on the property, which requires more land
to meet the City's minimum requirements. There are no unique circumstances
surrounding the parcel that differentiate themselves from 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 a legal interest in the property.
The owner of the property has caused the stated hardship being used to justify
the variance requests. By reorienting the building differently on the property, the
2-foot parking stal/length variance for Taco Bel/ could be eliminated. The
variance request is a direct result of the proposed orientation of the building,
which the applicant has decided on.
4. The granting of the variance is in harmony with the general purpose and intent of
the Comprehensive Plan.
The intent of the Comprehensive Plan is to establish the future vision for
Columbia Heights over a 10- year period and best represent the public interest.
Granting this variance request would allow for the placement of a building that is
inconsistent with the Design Guidelines, which in turn are established to
implement the Comprehensive Plan. For this reason, granting the variance
would not be harmonious with the intent of the Comprehensive Plan.
5. The granting of the variance(s) will not be materially detrimental to the public
welfare or materially injurious to the enjoyment, use, development, or value of
property or improvements in the vicinity.
Granting the variance would not be materially detrimental to the public welfare.
The parking stall length variance would help accommodate pedestrians by
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City of Columbia Heights Planning Commission
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September 6, 2006
Case # 2006-0604
providing more parking stalls on site.
City Staff recommends that the Planning Commission recommend denial of the 2-foot
parking stall length variance for the Taco Bell building because of an insufficient hardship
and because granting the variance request would not meet the intent of the
Comprehensive Plan.
Taco 881131.24 square foot area variance for wall sionaae:
1. Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this Ordinance would cause undue hardship.
The Sign Code states that total wall signage for buildings in the GB, General
Business District shall not exceed two (2) square feet for each front foot of
building or structure. Because of the proposed orientation of the building, the
applicant has been limited with the amount of sign age desired for the building. If
the building were oriented in a way consistent with the Design Guidelines for the
area, there would be an adequate amount of front footage to obtain the desired
amount of sign age. For this reason, the applicant's design has caused the
necessity of the variance and no hardship is present.
2. The conditions upon which the variances are based are unique to the specific
parcel of land involved and are generally not applicable to other properties within
the same zoning classification.
The applicant has created the hardship by purchasing a piece of property and
attempting to place a commercial use on the property, which requires more land
to meet the City's minimum requirements. There are no unique circumstances
surrounding the parcel that differentiate themselves from 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 a legal interest in the property.
The owner of the property has caused the stated hardship justifying the variance
requests. By reorienting the building differently on the property, 31.24 square
foot area variance for the wall signage on the Taco Bell building could be
eliminated. The variance request is a direct result of the proposed orientation of
the building, which the applicant has decided on.
4. The granting of the variances is in harmony with the general purpose and intent
of the Comprehensive Plan.
The intent of the Comprehensive Plan is to establish the future vision for
Columbia Heights over a 10- year period and best represent the public interest.
P.238
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City of Columbia Heights Planning Commission
Taco Bell/Starbucks Site Plan and Variances
September 6, 2006
Case # 2006-0604
The necessity of this variance request is due to the orientation of the Taco Bell
building, which is inconsistent with the Design Guidelines. The Design
Guidelines, in turn, are established to implement the Comprehensive Plan. For
this reason, granting the variance would not be harmonious with the intent of the
Comprehensive Plan.
5. The granting of the variance(s) 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.
The granting of the variance would not be materially detrimental to the public
welfare.
City Staff recommends that the Planning Commission recommend denial of the 31.24
square foot area variance for wall signage on the Taco Bell building because of an
insufficient hardship, and because granting the variance request would not meet the intent
of the Comprehensive Plan.
Starbucks 2-foot oarkina stalllenath variance:
1. Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this Ordinance would cause undue hardship.
The proposed orientation of the building decreases the amount of land available
to meet setback requirements for the parking lot, while maintaining adequate
parking stall lengths and drive aisle widths. If the building was oriented
differently on the property, adequate space could be achieved to meet the City
Code requirements for the parking stall lengths. For this reason, the applicant's
design has caused the necessity of the variance and no hardship is present.
2. The conditions upon which the variances are based are unique to the specific
parcel of land involved and are generally not applicable to other properties within
the same zoning classification.
The applicant has created the hardship by purchasing a piece of property and
attempting to place a commercial use on the land that requires more land than
what is provided. There are no unique circumstances surrounding the parcel
that differentiate themselves from 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 a legal interest in the property.
The owner of the property has caused the stated hardship justifying the variance
requests. By reorienting the building differently on the property, the 2-foot
P.239
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City of Columbia Heights Planning Commission
Taco BelljStarbucks Site Plan and Variances
September 6, 2006
Case # 2006-0604
parking stall length variance for Starbucks could be eliminated. The variance
request is a direct result of the proposed orientation of the building, which the
applicant has decided on.
4. The granting of the variances is in harmony with the general purpose and intent
of the Comprehensive Plan.
The intent of the Comprehensive Pian is to establish the future vision for
Columbia Heights over a 10- year period and best represent the public interest.
Granting this variance request would allow for the placement of a building that is
inconsistent with the Design Guidelines, which in turn are established to
implement the Comprehensive Plan. For this reason, granting the variance
would not be harmonious with the intent of the Comprehensive Plan.
5. The granting of the variance(s) will not be materially detrimental to the public
welfare or materially injurious to the enjoyment, use, development, or value of
property or improvements in the vicinity.
Granting the variance would not be materially detrimental to the public welfare.
The parking stall length variance would help accommodate pedestrians by
providing more parking stalls on site.
City Staff recommends that the Planning Commission recommend denial of the 2-foot
parking stall length variance for the Starbucks building because of an insufficient hardship,
and because granting the variance request would not meet the intent of the
Comprehensive Plan.
CONCLUSION
The Taco Bell/Starbucks proposal does not meet the intent of the Design Guideiines for a
new commercial development along Central Avenue. With some modifications to the site
plan and building plans, the applicant could present a plan that eliminates all variance
requests and is more consistent with the types of developments that the City of Columbia
Heights has worked hard to obtain along its most important major thoroughfare. City Staff
understands that the applicant is willing to work with the City to achieve the desired goals
stated in the Comprehensive Plan, however the proposed development plans do not meet
the minimum standards.
The proposed site plan did not meet the requirements of City Code section 9.609 -
Stormwater Management and the City's NPDES permit requirements either. The plan set
did not include any type of provisions for treating the surface water prior discharging from
the site in accordance with the Stormwater Management Ordinance and the City's BMP's.
RECOMMENDATION
Motion: That the Planning Commission deny the site plan approval for the Taco Bell
P.240
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City of Columbia Heights Planning Commission
Taco BelljStarbucks Site Plan and Variances
September 6, 2006
Case # 2006-0604
located at 4910 Central Avenue, because the site plan does not meet the intent of the
Comprehensive Plan, and no stormwater management plan was included.
Motion: That the Planning Commission recommends that the City Council deny the 2-foot
parking stall length variance for Taco Bell, located at 4910 Central Avenue because of the
lack of a justifiable hardship and because granting the variance would not meet the intent
of the Comprehensive Plan.
Motion: That the Planning Commission recommends that the City Council deny the 31.24
square foot area variance for wall signage for the Taco Bell building located at 4910
Central Avenue for lack of a justifiable hardship and because granting the variance would
not meet the intent of the Comprehensive Plan.
Attachments
. Figure 1: Location Map
. Figure 2: Site Plan
. Figure 3: Application Materials
P.241
Page 11
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June 29, 2006
Re: Proposal for Taco Bell Reconstlllct / Reimage Project with a drive thm and Starbucks
Coffee Shop with a drive thru
Om narrative for the formal subJJ:Jssion of the fmal site and building plans is as follows:
Who is proposing the project?
Border Foods is a locally owned company and operates franchised restaurants (under
different entity names) for brands Taco Bell, Pizza Hut, KFC, Long John Silver's,
Wingstreets and Au Bon Pain. Lee Engler, Co-founder, President & CEO, has enjoyed a
25 yr. history in the restaurant industry. Collectively, the company operates 175
restaurants with the majOlity located in the Twin Cities metro market, including the Taco
Bell and Pizza Hut in Columbia Heights.
Fee Owner of the Property
Proposed Taco Bell: Border Foods Real Estate Holdings, LLC is the fee owner of the
parcel. Proposed Starbucks: JLAL, LLC is the fee owner of the parcel. Border Foods
Real Estate Holdings, LLC and JLAL, LLC are affiliated companies.
What is being proposed?
Border Foods, doing business as Taco Bell, is proposing a reconstruct/reimage of the
facility currently operating at 4900 Central to the parcel located at 4910 Central, which
was fOID1erly operated as Dave's U-Wash Car Wash.
JLAL, LLC on behalf of Starbucks Corp. is proposing a coffee shop with drive thru at the
comer parcel of 49th and Central where the Taco Bell currently operates.
Site Design
The site configuration is difficult based on characteristics of the parcels. Border Foods
considered public welfare and safety, comfort and economic impacts relative to the city's
design standards and zoning code and respectfully asks for City input and response to this
submission. Please see the attached review for more details.
Building Design
Taco Bell is proposing to construct a one story, full masomy building with stucco arches.
The architect and design components are fully set out in the submission. We propose to
construct our cmrent prototype "Bold Choice" design.. An example of this new design
can be observed in at 9230 Lyndale Avenue, S. in Bloomington. We believe it will
provide a significant enhancement to the Central Avenue streetscape and be most inviting
to the City's residents and our community visitor customers.
Starbucks is proposing a one story, full masomy facility built to its newest and most
attractive design and branding guidelines. The architecture and coloring compliment the
P.244
new Taco Bell facility and together the buildings create a convenient, attractive and user-
friendly food and coffee service presence in Columbia Heights.
Roof Line
The parapet walls are high enough on each respective building to provide full screening
ofthe mechanical equipment on the roof.
StOID1 Sewers and drainage
The existing grade contours and directional flow are to the rear of the sites per the
proposed plans.
Landscaping
The proposed landscaping plan design includes over story trees Oaks and Honey Locust,
spruce evergreens, colorful flowering perennials, grasses, boulders, pavers, grass and
decorative fencing.
Fire Protection
The Taco Bell will be code compliant \.\rith a fully sprinkled, 24 hour monitored system.
The Starbucks will be code compliant; undetermined as this time if it is fully sprinlded.
Border Foods Operations
Border Foods has been recognized a leader in food safety and sanitation practices by both
the MN Department of Health and our franchisor-Taco Bell Corp. Border maintains a
Manager of Quality Assurance on staff and has in house training programs for sanitation
procedures. Our staffrng of certified food safety managers in our restaurants exceeds
state requirements. All food service equipment in a Taco Bell is NSF approved and our
submission for health department approval includes cut sheets which detail the equipment
specifications.
Hours of operation
Border Foods is requesting approval for 24 hour operations.
Starbucks request for hours of operation is undetermined at this time.
P.245
border
FOODS
965 Decatur Ave N
GDlden ValJey, MN 55427
Direct Telephone: 763-489-2970
Direct Fax: 763-489-2971
July 7, 2006
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
Re: Application for Variance - Parking Stall Length
4910 Central Avenue
Columbia Heights, MN
Good Day:
As set forth in the instructions relating to the submission of an Application for Variance, this letter is
given on behalf of Border Foods, Inc. as fee owner and applicant ("Owner"), in support of the Owner's
application for a variance relating to the length of parking stalls as set forth in the City's Design
Guidelines. The Owner is applying for variance to allow for the reduction in the required length of
fourteen (14) parking stalls located on the property from the recommended twenty (20) foot length to a
eighteen foot length.
As shown on the site plan for the property, the parking stalls for which the variance is sought are
located on the property in areas which if the recommended twenty (20) foot length were used would
extend the parking stalls into the drive aisles and into the building and parking setback areas as
established by the City's zoning ordinances. By reducing the length of the parking stalls by a very
minimal amount of two (2) feet, the Owner can satisfy the requirements of the City's zoning ordinance
and insure that its customers and the City's visitors can navigate the property in an orderly manner with
larger drive aisles between the parking spaces.
As the granting of the variance would not materially alter or impair the use of any parking space on the
property, the Owner would appreciate the City's review and approval of this variance.
Thank you for your review and consideration.
Respectfully,
Border Foods, Inc.
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Aluminum back
Formed face is capped over alum. back
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Violet- Match Spraylat L8-7917
Vellow- Match Sproylot L8-7836
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EIEC1RICAL SPECIFICATIONS:
LAMPS: (2) F48T12 Design 50 HO
(2) F36T12 Design 50 HO
BAUAS1S: (1) MSB-1232-616 Magnetek
LINEIDAD: 3.5 Amps
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SERVICING: Remove front face to service
CRATED WEIGHT: #140
CUBE: 35 cf
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LIGHTING: 15mm White Neon
BALLASTS: (1 ) 9000V @ 60 MA
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P.251
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472AT
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OfF IllUMINATED PYlON SIGN WITH
APPENDAGE ( @90 MPH ) SPECIFICATION
TAG # 5751 f72"(1829mm) lOGO
SPECIFICATIONS:
@-Double faced Infernally IlIurnlnated logo disk. Logo disk cabinet to be 25"(635rnm) deep, Fabricated from 1"(25mm)sq.
Galvalume frame covered with .OBO aluminum, painted EIS-MTF-3 Charcoal. Access door located on each side &
top for servicing.
-Faces to be Flexface. Graphics of logo to be first surface 3M Translucent Scotchcal vinyl. Copy to show thru While
on Holly Green #3630-76 background. Logo to show thru White on Black #230-22 background.
-Infernally illuminate logo disk with (4) 150w metal halide cwl components.
-Weal her Proof Disconnect switch.
CD-Appendage cabinet to be constructed from .OBO aluminum sheet over 1"(25mm) Sq galvalume frame. Depth of
cabinet 10 be 25"(635mm) deep. Cabinet to be painted EIS-MTF-3 Charcoal.
-Face to be 3/16"(5mm) White acrylic with 1"(25mm) x 1"(25mm) alum.angle painted EIS-MTF-3 Charcoal and square
head screws retainer edging. Graphics to be first surface 3M Translucent vinyl. Bacllground Duranodlc vinyl
#3630-69. "DRIVE THRU" copy +- 6 3/4"(171 mm)hlgh to show thru White on the background. Inlernally
illuminate appendage sign with F72T12/HO/D Fluorescent lamp. Power with 120v 472AT Allanson Ballast.
-Weather Proof Disconnect switch.
1"{25mm)Sq.
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vinyl graphic-
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4"{102mm} x 4"(102mm) X 3/16"(5mm) plate welded on top and 20 Ga. metal sheet on bottorn The Iwo 4"(1 02mm) x 4"(1 02mm) steel posts from logo disk
steel Post are welded on 1/2"(13mm) steel plate. Decor to be painted EIS-MTF-3 Charcoal and bolted on steel pole.
150w metal halide
cwl components
SideSectJon View
N.T.S
CD-s 5/S"(219mm) dlam. X 1/4"(6mm) steel pole welded on 20"(50Bmm) x 20"(50Smm) x 1"(25mm) steel base plate
painted EIS-MTF-3 Charcoal.
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1 1/4"(32mm) dlam. X 60"(15;~j
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Scale: 3/4""'1'-0.
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3/16" Whtte acrylic
F7ZT121HO/DL IIuorascent
lamp (4 raq. 2 on aech side
of post)-
472AT Ballast
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B 5/B"(219mm) dlam. X 114"(6mm) ~
steel pola <!>-'----- ,.
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The hlgt' of III"' 1\"10 !';t:;h' 1SOW ln~lnl h~ntJl' ~S8CUon VIew
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INDSPEC
March 12, 2004
OAT E
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COLUMBIA HEIGHTS, MN
J_EGEND
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CONDITIONS
SURVEY
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LEGIot.
P.....l;eil;
lois 17 and 18, Revised Auditor'. Subdivision Nurr.bllf 15, ac~ardin9 10 the recorded plol
thereof, Anako Counly, Minnesota
Parclll Z:
The IOIIth 112.00 'n' of lol 16, Revl'td Audllar'lI Subdivision Number 15, oc::cardltlg 10
the recarded plol lh...-eof, Anol<a Counly, Mlnn"ota.
1. Tht locotlons af underoround utlllU.. are depl(:led boled on a'<'Oilob" mgp., "card,
ond lield loeoUonI and moy not be noct. Verily CIU "Iii ties cnllcal 10 ccn.truclion or
de~.
2. The b~ ore ba'lId an the Ml>ko Ccnmly coontinol.. .yalem.
3. All dlIItancu ev. in 1..1.
4. it,e <reo 0' Ihe oblWl!l d'lICI"iblld !>fOp_ly ill:
Pornl 1 .. 1.250 acre. or 54,449 .quur-. 'flit leu R/W Nel oreo .. 0.633 ocn,. or
27,587 ~Qr' lOll
Porcel 2 .. O.1!I41!1 acrn Of 3&,960 'quor" lut ItlSl! R IVt Net Oftltl .. 0.537 aere. ar
23,0&08 'quare leeL
Tolol '.2 .. 2.098 oct" or !il1.409 sq>.IQre I.el .." R/'tI Net onto .. 1.170 ocr.. IX'
50,995 .quor. ".L
5. this __y ia bond on informc:llUon lound ltl the UII. CommllrnMI prepared by
Commonwealth land TIll' tn_one. Company lor lanll dllscrfbed in Pqrc::e1 1 obove, II. no.
1021!16B. eneell... dale November 7, 1999 and our in hOUle. reecrd, OIld may nol depkl
oN eonm..t.. appur1manc.. or mtumbrOl1c., affl!~11n9 the prOp.ly npedolty oe relaled
10 Parcel 2. Thh tul'"'III)' II subject to "mlon upon "cllpl of CUlTont nUt rntordl.
6. Beneh Monc MN!OOT Sur...y t.lonumtnl .0207 1;- '" Ihe eall .nO' Qf lhe w..1 Ignding
on pede,~ bridge OYW T","" HIgh.or no. 65 Of'> Ihe l'outh lid. 01 49th AWlnu.
Horltl_1 and hoe an ".'I011on of 921.24 HGW 29 pllf IolN/DOT 1980.
7. This tlUrvey depkll 0 J3 feet ri9ht-of-woy 011 .f!il0'l AYIlf'Iue bQli~ an the Anoko
Cuml)' hall section mop, W, rood moy hove bun SlItabllatied by !>f1ll~iplh:lO in wttic:h
cOle the width Is dttwmlned by UP. If the n9llt-nf-wuy I. del.mIn~ 10 be Q
dlmenelan QIh.- than JJ I..t Ih. lIUfYe)l will "eed to be rflvillld OfTd the area
recompuled.
LEGEND
IROHlIONlAoIEHTfotJHl)
" .,t,TtR VAl~
II ElEClftfCAl &ox
o CAlt:H BASIN
Q) racPttOtIE UAMKU
o COHCR[lE PEDEST-'l
rtlR V.l.CUU(
()) SAHtTAAY
i) UGl1T POl(
" 'ON
o 'OUARO
-0. HYDRAHt
POYlER POl(
CURB STCP
.,t,1tRt.lAllf
UNDERGfI'OUNO 1UrPlfONE
OIKRHE,I,IJ ElEC n:uc
CAS
SmlT~YS[llEfl
STau. SEWER
CONCRETE
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80
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FOR REVIEW ONLY
PRELIMINARY
IIOT FOR COIISTRUCTlON
sITe DATA:
--
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1lGlGIN0ISTI'IlCT:
TN:OBEU. Sf.tll8UCKS
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tICO lEU. It' srNalUOCS IXlfJtt
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.4l11lNG1S fllIf II.aDlNGI Da.IDtSICIfS AND SI'[QflCA1l(lNS FOIl: LOCAlO4 or
[lG1S.flMI"S. CQllXlEAPIItJdAlllS1tlOl'S.
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l" tlPN$:>>I.oNT.
of. \VIN U>>CIUIT ~'1S RIt 1t€ "I(HU lICWlD. COIAUlICA1lON
PnOTAL tro. 'MTHOINER.
ll. ~:f~ or Ttt: YOII BOARD NI) ClUllHCA~ PEDESTAl.
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II. GOOM. CClNflW:TCIt 15 IlOPOHSIllt fOR CURB cur PDOIlT.
ARCHITECT:
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CONSTRUCTION NOTES
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GRADING NOTES:
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roll 0lSMl8El) ARlAS 10 .. RE-\CITAtm.
s. 1HE ~ !IWL SQOUL[ !l'lt QlfAllltG., UllJTY .eTAU,AllOK AM) "A14WDfl
CONS1RUC1ION SO mAT 1Hl CD€flAL sm: CAN IE IIU.CHED Nt) Rf-saro SOON AFlDt
tllSlUfIIAHCL .liREAS lHAT II&1.ftOTllE!il8LCTl'O COImlWC1lllN 11W'Ile 5HAU. IE $EEIlD)
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.. ntE aRASSESUlUZm" fNE san NflJ lItO NlVo5 5HAU.1lE or... SH.IllE TClDlAIfT'M'E
IIlU1NJIlIICIaf!iPlQflCAlIONS.
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51_
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CCWVIYNCE mmr. SUCH AS A Cl,.II8; Mol) ClITlOI li'ISttW, smAM SEWIJII H.D Off (JllEJIl
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I&fEC1l'C IU'tIlE K IlNRER IS NO IJlIRJt NEUSSNlY.
J. 5i1WDft IIEIiIOWL - 5EIMlfT PD'CS1$ SHCIJUI lit IIO<<MJl Af1IR EAOl SltRIf ['IEKf OR
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tHAT AREA SfWJ. IE lXl'IDED \WTH ~ VECD'Al1llH tH:H Flt$f t:lI"CSED.
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ISSUE DATE: DECEMBER 20, 2005
PM XXX
-"" XXX
CHECKEO-.xxx
Clot XXX
SHEET T1TtE
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[DO NOT SCAlE DRAWINGS}
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Q ~~/~I?,:..ENTRANCE ELEVATION
;0
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Q ~O~ ~..N ENTRANCE ELEVATION
OEScmPTlON
,-, ""ETAI.. ~OE
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'-2 WALL MOUNTED
LIGHT P.-.c1C
NOTE'
1 . ,ou, P.lI<frIAE DP05ED lIrlJIlES
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PROJECT #,
CONCEPT:
PAlE1"re
ISSUE OATE;..127108
P"
JC:
CHECKED:
eM:
SH€ETTT11.E
EXTERIOR
ELEVATIONS
SCAl.E:1/<l-.1'..(l'"
{DO HOT SCAlE DRAWINGSI
SHEET NUMBER
A-201
,,",,~,
~
n
~
FRONT ELEVATION
;0
N
0\
00
rI
rl
~
,--=,a--
II
II
II
RIGHT SIDE ELEVATION
Border t Oed5. {Me
965 Dltco tur Ave
North
GDide~c~'!,~ey MN
4900 CENTRJI.L AVE.
N.E.
COLUMBIA HEiGHTS,
"''''''''''''''41
WCl
..., ASSOCIATES. INC, ...,
..:... ARCHITECTS "'-.A
INTERIORS
~
IV
0\
\0
~
L J
~,.,~:,
~
II
REAR ELEVATION
LEfT SIDE ELEVADON
Border r oocls. lnc.
965 O.co t ur Ave
North
1T~<C\U) Gotde~<::~~~ey MN
4900 CENTRAl AVE.
N.E.
COLUMBIA HEIGHTS,
WCl
r., ASSOCIATES, INC.
L.....
m
ARCHITECTS
INTERIORS