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March 26, 2007 Regular
CITY OF COLUMBIA HEIGHTS 590 40'n Avenue NE, Columbia Heights, '~tN 55421-3$7$ (763)706-3600 TDD ('763170(-3642 bisitourwebsiteat: wxnv.ci.calumbra-hei~hts.m~s.us 3tatin[ Ciat:v l.. Pe/rrsnn Councilmem6er ItnherlA. ft'i/liana Bruce ,~:'aH~rock+ Tnmmera Diehm Bruce f:'cl_enhcr~; City ~tana~er tb'alter R. li•lvst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, March 26, 2007 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 763-706-361 1, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. David Mwihia, Church of All Nations Z. 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.) -I. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations -none B) Presentations - SACA, Rick Johnson -Fishing Clinic 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: I) Approve City Council Meeting Minutes for February 26 2007 regular City Council meeting and March 19, 2007 Im,Rrovement Hearin a. MOTION: Move to approve the minutes of the February 26, 2007 regular City Council meeting as presented. P~ b. MOTION: Move to approve the minutes of the March 19, 2047 special Public Improvement Hearing meeting as presented. Pzs 2} Accept Boards and Commissions Meeting Minutes a. Accept: Minutes of the January 24, 2007 Park and Recreation Commission meeting Pzz b. Accept: Minutes of the Jaizuary 23, 2007 EDA meeting Pzs r`a t~ ll/fjn„tac nfthe March (, 7(~fl"7 T ihxartr R~arri niPr`-'t:nrr P29 :.v t....p c. tv....cau~~.., vc .., -- J ~ ..t, d. Accept: Minutes of the February 6, 2007 Library Board meeting P31 e. Accept: Minutes ofthe March b, 2007 Planning and Zoning Con~unission meeting P33 City Council Agenda March 26, 2007 Page 2 of 6 3) Establish a joint Work Session meeting_date with the City of Fridley for Wednesday April 4, 2007 beginning at approxiinateiy 6.30 p m at the Fridley Communi Center P52 MOTION: Move to establish a joint Work Session meeting date with the City of Fridley for Wednesday, April 4, 2007 beginning at approximately 6:30 p.m. at the Fridley Community Center. Work Session Item: Anoka County Sherriff's presentation on a proposed Crime Lab. 4) Approval of Liquor Store Schematic Design Psi MOTION: Move to approve schematic design option 1 for the new municipal liquor stores and to authorize Oertei Architects to proceed with the design and master plan. 5) Adopt Resolution No 2007-36 being a Resolution waiving the statutory tort liability limits P64 MOTION: Move to waive the reading of Resolution 2407-36 there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-36 being a resolution waiving the statutory tort liability limits. 6) Re-a~ppointrnents to the Boards and Commissions P66 MOTION: Move to re-appoint Nancy Hoium and Patricia Sowada to the Library Board for three year terms; Donna Schmitt to the Planning and Zoning Commission for a four year term; Pastor David Briley to the Police and Fire Civil Service Commission for a three year teen; and Dennis Stroik, Rueben Ruen and Robert Peltier to the Telecommunications Commission for two year terms effective April 1, 2007. 7) Approval of a Conditional Use Permit for Outdoor Sales located at 4300 Central Ave NE. P67 MOTION: Move to waive the reading of Resolution 2007-34, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-34, approving a Conditional Use Permit for outdoor sales for Linder's Greenhouses, located at 4300 Central Avenue, subject to the conditions outlined in Resolution No. 2007-34. 8} Adopt Resolution X007-50 being a resolution authorizing the City of Columbia Heights to remain a participating communi~ in the Anoka County Community Development Block Grant (CDBG) and Home Investment Partnership Program P80 MOTION: Move to waive the reading of Resolution 2007-50, there being ample copies available to the public. MOTION: Move to Adopt Resolution 2007-50, being a resolution authorizing the City of Columbia Heights to remain a participating community in the Anoka County Community Development Block Grant (CDBG) and Home Investment Partnership Program and to authorize the Mayor and City Manager to enter into an agreement for the same. 9) ~.dopt Resolution 2007-45 being a Resolution approving~lans and specifications and ordering advertisement for bids for the 2007 Street Rehabilitation Project. Psa MOTION: Move to waive the reading of Resni_ution No. 2007-45 there being ample copies available to the public. MOTION: Move to adapt Resolution No. 2007-45 approving Plans and Specifications and orde~7ng Advertisement for Bids for 2007 Street Rehablitation, Zone 2 and 3, City Project No. 0702. City Council Agenda March 26, 2007 Page 3 of 6 10) Resolution X007-46 being_a Resolution declaring the Intent to Band for Zone 2 and 3 Street Rehabilitation Project City Project No. 0702. P9o MOTION: Move to waive the reading of Resolution No. 2007-46, there being ample copies available to the public. MOTION: Move to adapt Resolution No. 2007-46, being a resolution approving the declaration for the official intent of the City of Columbia Heights to Bond far Zone 2 and 3 Street Rehabilitation Project, City Project No. 0702. 11) Resolution 2007-47 recLuestin~ MSAS Construction Funds for other Local Transportation Uses P92 MOTION: Move to waive the reading of Resolution No. 2007-47, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2007-47 requesting Municipal State Aid System construction funds for other local transportation uses. 12} Adopt Resolution 2007-48 awarding Street Striping and Resolution 2007-49 awarding Seal Coat P94 MOTION: Move to waive the reading of Resolution No. 2007-48, there being ample copies available to the public MOTION: Move to adopt Resolution No. 2007-48 being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2007 Street Striping Project to AAA Striping, based upon their low, qualified, responsible bid in the amount of $16.84 per gallon with an estimated cost of $1,060.00 to be appropriated from Fund 212-43190-4000 and $325.00 to be appropriated from Fund 101-43170-4000. MOTION: Move to waive the reading of Resolution No. 2007-49, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-49, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2007 Seal Coat Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $1.88 per gallon of emulsion and up to $42.60 per ton of aggregate with an estimated cost of $47,870.00 to be appropriated from Fund 415-50701-5130. 13}Adopt Resolution 2007-51 being a Resolution accepting the Feasibility Report for Zone 7 Street Seal Coating and Ordering the Public Improvement Hearing, City Protect No 0701. Ploo MOTION: Move to waive the reading of Resolution No. 2007-51, there being ample copies available to the public. MOTION: Move to adapt Resolution No. 2007-51, being a Resolution accepting the Feasibility Report for Zane 7, City Project 0701 and calling for the Public Improvement Hearing beginning at 6:30 p.m. on April 23, 2007. 14) Authorize Capital Equipment Replacement of Unit #7 Caterpillar Model 930 Wheel Loader Plo7 MOTION: Move to authorize the replacement of Unit #7 and purchase one { 1 }new Caterpillar Model 938 'Wheel Loader from Ziegler Inc. in the amount of $119,858 from the State Contract. Funding shall be from the Street Capital Equipment fund, 431-43121-5150. -3- City Council Agenda March 26, 2007 Page 4 of 6 15}Approve the items listed for rental housing license applications far March 26, 2007 Plo9 MOTION: Move to approve the items listed for rental housing license applications for March 26, 2007. 16}Approve Business License Applications P113 MOTION: Move to approve the items as listed on the business license agenda for March 26, 2007 as presented. 17}Approve Payment of Bills Psis MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 120618 through 120937 in the amount of $1,397,922.69. 6. PUBLIC HEARINGS A) First reading of Ordinance 1522 Zoning Amendment to the Zoning Code as it Relates to Seasonal Outdoor Sales. P127 MOTION: Move to waive the reading of Ordinance No. 1522, being ample copies available to the public. MOTION: Mave to set the second reading of Ordinance No. 1522 for Monday, Apri19, 2007, at approximately 7:00 p.m. in the City Council Chambers. B) Adopt Resolution No. 2007-37, being a Resolution for abatement of violations at 666-668 47'h Avenue Pz3s MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-37, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-37, a resolution of the City Council of the City of Columbia Heights declaring the property at 666-668 47 % Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. C) Adopt Resolution No. 2007-38 being a Resolution for Rental Housi~LLicense Revocation at 1261- 1263 Circle Terrace Boulevard NE P138 MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-38, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-38, 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 Christopher and Tracy Decker regarding rental property at 1261-1263 Circle Terrace Boulevard N.E. D) Adapt Resolution No. 2007-39 being a Resolution far Rental Housing License Revocation at 1401- 1403 Circle Terrace Boulevard NE P141 MOTION: Mave to close the public hearing and to waive the reading of Resolution No.2007-39, there being ample copies available to the public. MOTION: Mave to adapt Resolution No. 2007-39, Resolution of the City Council of the City of Columbia I-Ieights approving revocation pursuant to City Code, Chapter SA, Article 1V, Section SA.408(A) of the rental license held by Ruben Rodriquez regarding rental property at 1401-1403 Circle Terrace Boulevard N.E. a- City Council Agenda March 26, 2007 Page 5 of 6 E) Adopt Resolution No. 2007-40, being a Resolution for Rental Housing License Revocation at 4634 Polk Street P144 MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-40, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-40, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) of the rental license held by Sharon Smith Akinsanya regarding rental property at 4634 Polk Street N.E. F) Adopt Resolution No. 2007-41, being a Resolution far Rental Housing License Revocation at 1316 - 1318 Circle Terrace Boulevard NE P147 MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-4I, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-41, 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 Michael Fortier regarding rental property at 1316-1318 Circle Terrace Boulevard N.E. G) Adopt Resolution No. 2007-42, being a Resolution for Rental Housing License Revocation at 3820 Hayes Street Piso MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-42, there being ample copies available to the public. MOTION: Move to adapt Resolution No. 2007-42, 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 David Ernewein regarding rental property at 3820 Hayes Street N.E. H) Adopt Resolution No. 2007-43, being a Resolution for Rental Housin~*~License Revocation at 573 37`h Avenue NE P ~. s 3 MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-43, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-43, 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 Fabian Lajano regarding rental property at 573 37`h Avenue N.E. 7. ITE1!•ZS FOR CONSIDERATION A) Other Ordinances and Resolutions 1. Approval of Lot Split, CUP and lot area Variance for a new twin homelocated_at 4920 Tyler Street. Pis6 MOTION: Move to waive the reading of Resolution 2007-31, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-3 i, approving a minor suhdivision at 4920 Tyler Street, subject to the conditions outlined in Resolution Na. 2007-31. MOTION: Move to waive the reading of Resolution 2007-32, there being ample copies available to the public. - s - City Cauncit Agenda March 26, ?007 Page 6 of 6 MOTION: Move to adopt Resolution No. 2007-32, approving a Conditional Use Perniit for a twin home located at 4920 Tyler Street, subject to the conditions outlined in Resolution No. 2007-32. MOTION: Move to waive the reading of Resolution 2007-33, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-33, approving a 1,199.5 square foot lot area variance for the southern parcel. B) Bid Considerations -none C) Other Business -none S. ADMINISTRATIVE REPORTS A} Report of the City Manager B) Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opporttmity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Linda L. Magee ,r'" Assistant to the City Manag man esources Director LLM/pvm -s- '~1i~. OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, FEBRUARY 26, 2007 ~,~tF~~-ppE ~I I tJTES tE The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 26, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Ken Ribe, Church of All Nations, gave the Invocation. Peterson asked that he thank all the clergy that participate in City Council meeting invocations. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to discuss special legislation to extend the Central Avenue TIF district and discuss the Activity Center. Peterson placed them under item 7C2. Peterson added a Proclamation for MN Food Share Month. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamation -Minnesota Food Share Month Mayar Peterson read the proclaYnation and presented it to Rick Johnson of SACA, our local food shelf. Johnson stated that SACA began the Empty Bowls fundraiser about five years ago to supplement the decrease in federal, state and city donations. He indicated that the number of food shelf recipients is up 45 percent. The Empty Bowls dinner is a community event sponsored by local civic organizations, churches and businesses that will be held on March 5, 2007 from 4:00 to 7:30 p.m. at Murzyn Hall. A free will offering will be accepted. Johnson stated that children make the bowls that are given away, along with pottery businesses and other groups. Dielun stated that this year the Empty Bowls fundraiser is at Murzyn Ha11, rather than in Fridley as in prior years. She stated that participants receive a bowl to take home. Nawrocki stated that everyone gets a bowl to remind them that there are people going hungry. Johnson referred to his handout, the 2007 Hunger Fact Sheet. He stated that all food shelves in Minnesota are hurting. Peterson asked him to thank SAGA for the work they do. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda. 1) Approve City Council Meeting Minutes for February 12 2007 regular City Council meeting Mahon to approve the minutes of the February 12, 2007 regular City Council meeting as presented. 2) Accept Boards and Commissions Meetin~inutes Accept: Minutes of the Telecommunications Commission meeting of February 15, 2007. 3) Approve cancellation of March 5 2007 work session. I17otion to cancel the March 5, 2007 work session, as there would not be a quorum present. 4} Authorize County expenses ~ ~ City Couocil Minutes February 26, ?007 Page 2 of 11 Motion to authorize payment of $20,413.92 to Anoka County for administering the 2006 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. 5) Approve Contract with ProSource for the completion of supplemental investigation and environmental clean up in Phase III of the Industrial Park Nawrocki asked if we received any other proposals, as this is a new contract. Randy Schumacher, Community Development Project Manager, stated this is a three phase project begun in 2004. ProSource has done the soil borings, put together a Response Action Plan and organized clean up based on a phased plan. They have done an excellent jab, have done all the studies and know the project. To change companies at this point would be very costly. The costs are covered by DEED and grant dollars. Schumacher stated that some work is sent to labs and the study is done by ProSource. Nawrocki indicated the importance ofbidding and comparing bids, and getting the most for the taxpayer's dollars. Nawrocki questioned their fee far Phase I and II. Schumacher stated the contract was about 14 percent, which is normally about 23 percent. Nawrocki stated that the liquor store contract was five percent. Motion to approve the contract with ProSource Technologies Inc. for the completion of supplemental investigation and environmental clean up in Phase III of the Industrial Park. Funding will come from the Minnesota Department of Employment and Economic Development as outlined in the grant; and furthermore, to authorize the Mayor and City Manager to enter into an agreement far the same. 6j Approve the items listed for rental housing license applications for February 26, 2007 Motion to approve the items listed for rental housing license applications for February 26, 2007. 7) Approve reissue of rental housing license for 4341 Tyler Place as it complies with City Code Motion toissue arental-housing license to Bo PhaIgoo to operate the rental property located at 4341 Tyler Place N.E. in that the provisions of the residential maintenance code have been complied with.. 8) Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 26, 2007 as presented. 9} Approve Payrnent of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 120478 through 120617 in the amount of $777,568.99. Nawrocki referred to check #102480 Bolten & Mink for engineering work at a cost of $90,000, indicating it is not cast effective to hire out these services. Fehst stated they were hired for the Parkway work, which was payable from the project. Motion by Diehm, second by Williams, to approve the Consent Agenda items. Upon vote: All ayes. Motion serried. Fehst stated that vre have been successful on 24 of 25 property clean up grants in the Last five years for aver $5,000,000 dollars. This is tax dollars from ether than our community. Fehst recognized our staff for a jab well dare. -s- City Council Minutes February 26, 2007 Page 3 of 1 1 PUBLIC HEARINGS Adopt Resolution No ?007- being a Resolution for abatement of violations at 4806 Monroe Street Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-29, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, Chief Gorman stated that the water pipes broke while the homeowner was out of town. This was an immediate abatement. It is an occupied house. Peterson re-opened the public hearing. Deb Johnson, 4626 Pierce Street, questioned that there was only one abatement and asked if we are "getting soft" on clean-ups. Gorman stated there are no licenses for renewal in January, February, and March. Inspections begin in February and abatements would not begin until March. Nawrocki stated at 3841 3Td Street there is a car with expired license tabs and at 4701 University the front door is hanging over the railing. Gorman stated that property was unsecured, so we did go in and secure it. Nawrocki stated that at 4752 5`h Street, which is for sale, there is a mess inside, the side door is broken and hanging, and the sidewalk has not been shoveled. Gorman stated he would check if it is vacant, in the abatement process, or has an extension until spring. Motion by Williams, second by Kelzenberg, to close the public hearing. Upon vote: All ayes. Motion carried. Motion to adopt, Williams, second by Kelzenberg, to adopt Resolution No. 2007-29, a resolution of the City Council of the City of Columbia Heights declaring the property at 4806 Monroe Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upan vote: All ayes. Motion carried. RESOLUTIOI~I 2007-29 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 Chokpa Penpa (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 4806 Monroe 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 February 2, 2007. 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 t. t not on January z4, tuu ~ the rare veparimeni was dispa~ci~eu to ~+ouo ivtutltuc s~icct iv.r,. after iCCCiviil~ information that there was water flowing out of the house. The Fire Department found that a water condition existed at the property and called for a locksmith to assist in making entry. Entry was made by the firefighters to assess the health and safety of any possible occupants. Once entry was made, personnel turned the water off to avoid any more water damage due to the water condition. Firefighters on the scen~ restarted the furnace to prevent any more pipes from freezing. City Council Minutes February 26, 2007 Page 4 of t 1 2. That on January 24, 2007 the Fire Department met the Public bvorks Department at the property to shut off the water, after which the property was re-secured. 3. That on February 2, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist and have been abated, to wit: Shut water off and start heat/furnace to prevent any damage to the building due to cold weather. 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 4806 Monroe 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 4806 Monroe 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. ITEMS FOR CONSIDERATION C. Other Business - l. Adopt Resolution No 2007-30 accepting Feasibility Report for Zone 2 and 3 Street Rehabilitation and call for Public Improvement Hearing March 19 2007 at 6:15 p.m. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2007-30, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehtn, to adopt Resolution No. 2007-30, which accepts the Feasibility Report for Zone 2 and 3 Street Rehabilitation, City Project No. 0702 and calling for the Public Improvement Hearing beginning at 6:15 p.m. on March 19, 2007. Nawrocki questioned how we determine the reconstruction needs of a street. Kathy Young, Assistant City Engineer, described full street reconstruction, partial street reconstruction, and mill and overlay road repairs. Braun Intertec electronically checked the street needs in 199b and 1997 and our City Engineers check each street visually. Nawrocki stated the only street for full. reconstruction is Ulysses, which he has checked and did not feel this was necessary. Mill and overlay would snake the most sense. Fairway Street is relatively new. He questioned what is wrong with the water mains in these streets. Young stated there were a significant number of breaks. Nawrocki asked how many. Young stated 4 to 5 each in the last 20 years. Nawrocki questioned. if that justifies replacement. Young indicated that it is best to replace them during road work to make sure it does not have to be dug up in the future. Peterson stated this is the same process used for the last six to eight years for street testing and the water main replacement. Nawrocki stated. he was not convinced that all the work suggested needs to be done and questioned the assessments rates. Young stated they were listed in the Council report. Nawrocki questioned the estimated cast for each type of construction. Young stated that assessments are per parcel as listed in the report. Nawrocki referred to curb assessments and questioned the difference between alleys and streets. Young stated that it changed from per foot to per parcel in 1999. Nawrocki questianed. the amount paid froth city funds. Young stated that the estimated cost is the entire cast, without utilities, froth the infrastructure fund and assessments. Nawrocki questianed if the city pays 80 percent of the cwt. Young stated that the City picks up 50 percent of the cost for full reconstruction. In partial reconstruction we pay 30 percent of the cost. City Council Minutes February 26, 2007 Page 5 of 1( Peterson asked how long we have had the process. Young stated since 1997. Fehst stated that prior to 1.990 residents paid 100 percent of the cost. Fehst referred to the report indicating that the infrastructure fund is getting low, and staff will suggest going back to past practice of recovering the engineering costs, as discussed during the last two budgets. That determination would not be necessary until the assessment. Nawrocki stated that the philosophy for picking up the cost was to keep engineering staff on year around and keep staff busy in the winter. Nawrocki stated he would abject to changing this as there is nothing to reduce the levy if that money is collected. Williams stated that tonight we are just approving the public hearing for March 19 and we hope the public will come and get the information then. Peterson stated that this starts the cycle again, and maybe this would be a good time to change so everyone is treated equal. Young stated that notices need to be sent out regarding proposed assessments; the amount can be lowered, but not raised and if engineering fees are to be included it would be appropriate to notice at the higher rate. Peterson stated it was time to move on as that this issue had been discussed for 17 minutes. Nawrocki objected and requested more discussion, stating that this was to be discussed at the last work session, but was not. Williams called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Peterson, aye; Nawrocki, no response. All ayes. Motion carried. Fehst stated that notices would be sent at the higher rate. Nawrocki strongly objected. He stated that there was to be a meeting at 5:30 and now there is a hearing at 6:15. Fehst stated that it was understood there would be times when more time would be required. Nawrocki stated that we were supposed to be accommodating problems he has on third Mondays. The ink is not dry on the approved calendar and it is already being violated. RESOLUTION N0.2007-30 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 2 AND 3 STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - N0.0702 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 200b-174, a report has been prepared by the City Engineer with reference to the Zane Z and 3 area of the Street Rehabilitation Program, and WHEREAS, Zone 2 is hounded by Reservoir Blvd to Stinson Blvd, from 37`h Avenue to 45'h Avenue WHEREAS, Zone 3 is hounded by Reservoir Blvd/Johnson Street~Central Avenue to Stinson Blvd., from 45`h Avenue/47`h Avenue to North Corporate Limit. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on February 26, 2007. NOW THEREFORE BE I`I" RESOLVEll I3Y TI-IE CITY COUNCIL UC~ COLUMBIA HEIGHTS, MINNESOTA I . The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting ar benefited property far alt ar a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $ 1,114,070. -11- 2. A public hearing shall be held on such proposed improvement on the I9'h day of March, 2007, in the City City Council Minutes February 26, 2007 Page 6 of 1 I Council Chambers at S90 40`~ Avenue N.E. at 6:15 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Additions to the A eg nda Legislation on TIF extension Nawrocki requested discussion on the proposal to seek legislation to collect TIF for another 25 years on the Central Avenue district. He indicated that he asked when the meeting with the legislators was, and the Manager finally told him the time, but would not tell him the place. He stated strong objection, as we are talking $650,000 of taxpayer money per year times 25 years or about $16 million that will not be used to support city services as residents were promised when the districts were set up. On Friday when he came in to find out the meeting location, the Manager told him he was interfering with the business of the city and would be reporting him to the State. Nawrocki stated he has a right to ask questions about things that affect the city's money. If the Council wants to cut off discussion and complain because we talked about it for 16 minutes, he stated he is ashamed of this body. Nawrocki stated that as a matter of record he expects to get the information when staff is talking to our legislators to promote that project and wants to be part of the discussion and hear what is being told to people. Diehm stated that it is important to have discussions about this topic and issues we are pursuing. It is important that as a body if we choose to move forward with a request for legislation, that we speak with an organized voice. If there is then a meeting with Legislators, she stated concern about one councilmember versus another councilmember being there, because if we as a body have decided it is our policy to move forward and ask for this legislation, though it may not have been a 5 - 0 vote, the City Council Members of Columbia Heights request their Legislators bring this legislation forward. She stated that as a council we should decide who should attend so we don't have open meeting law issues and make sure the message is truly the message of the Council and not of individual members. Fehst stated that Nawrocki has the right to meet with our elected representatives and there is never any intent to do otherwise. The formal action of the EDA and consensus of the Council has directed that we consider the legislation. The Community Development Director gave a presentation to tl'ie public at tt-ie last meeting. The Council has promised to clean up blighted areas. This legislation is similar to actions, such as one for $6,000,000, determined with only one meeting, to extend a district for ten years for senior housing. This is what this Council is doing to provide resources to deal with blight in our community. This does nat affect other cities in the state. We meet with the County Board Chair, County executives, and our County Commission, which have applauded us for salving problems with our own money. Fehst stated that he spoke to four of the five School District Officials, and the School Finance Director, and because of the school district formula they would not lose any money. It was stated that when this came due the average resident would have saved an average of $20 to $29, but for that money we would buy falling down homes and it allow us to do what Rohbinsdale, New Hope, Richfield, St. Louis Park, and Crystal have done. This is a proper and good extension of this district and Fehst stated pride that Council has taken this initiative. Nawrocki stated he has tried to get the information and histary on the TIF district, without success. The extension spoken of was when he was nat on the City Council. Fehst stated that councilmember Nawrocki was on the EDA at that time. Nawrocki gave the history and need for senior housing. He stated that this district extension should be put to a vote of the people, as should the activity center. Nawrocki stated that the Council. has not taken a vote on the extension of TIF district. -12- City Council Minutes February 26, ?007 Page 7 of 11 Motion by Williams, second by Diehm, that staff pursue the extension of the TIF district and express City Council support. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Nawrocki stated that he wanted it clear for the record to know when city staff time is going to be spent meeting with legislators or others, and be advised that he intends to find out when and where the meetings are going to be. Diehm asked if he intended to attend them. Nawrocki stated that he may well do that. Diehm stated that as a Council we can not allow that to happen, because if two other Councilmembers want to be there it is a meeting that violates the open meeting law. Motion by Diehm that council directs the individual council members, through our Code of Conduct, that they not attend the meetings that our staff have with our Legislators and that we instead invite our legislators to a public meeting if we want to or we individually contact them. Second by Williams. Nawrocki asked that the motion be repeated. Diehm stated that we directe our staff to pursue this possibility of legislation and that we, as council members, make a decision as a body that we individually will not attend these meetings, it will be staff, and if we want to invite the legislators to attend a public hearing in the council chambers we can, but otherwise we will limit our communication with our legislators as individuals and not as the Columbia Heights City Council. Nawrocki stated that he is not saying that he is going to any meeting where this is discussed. He indicated his intend to try to find out, if our staff is not going to tell him and use whatever means he can to find out when staff is spending time paid by city funds. He stated that he has every right as a counciimember and a citizen to attend to those meetings. Dielun stated that staff meetings are not open to the public. Fehst stated that Councilmember Nawrocki has the right as a citizen to contact them. He indicated he is following Council direction. There are times when we meet with legislators that we don't know when we will be called. Fehst stated that his job, as the Charter requires, is following the direction of the City Council. If an individual council member tries to subvert that by any activity that is in fact a violation of the City Charter, which he is talking to our city attorney about, and he would considering investigating Councilmember Nawracki's actions with the State Auditor. Diehm called far the question on the motion that with this particular item with staff and legislators that we as a Council, with the ability to govern ourselves, will agree not to be there. If any particular Councilmember violates that motion, should it be passed, that we all be informed.. Nawrocki stated that he wanted it on the record that Council can not tell him...this is another example of not having discussion. He asked when there would be discussion and asked what the ii,irtioT't e.~ras. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye. Nawrocki questioned what the motion was.- ~s - City Council Minutes February 26, 2007 Page 8 of 11 Diehm stated that as a council we have made a decision, if this motion passes, that on this particular issue in meeting with our legislators, that we have directed staff to do, that we as Council members will not attend those meetings, that they will be strictly between staff and the legislators. if we chose to have a public meeting with our legislators, we can as a Council set up a time to invite them here to the Council Chambers and that we limit all of our individual communication with the legislators to our views as residents and not as Councilmembers. Nawrocki stated that as a resident he requests to be advised when these meetings are and stated his intent exercise his right to participate in those discussions. Peterson, aye. 4 ayes - 1 nay. Motion carried. Nawrocki indicated he had not voted yet. Upon vote: Nawrocki, nay. Peterson: 4ayes - 1 nay. Motion carried. Activity center Peterson stated there was a meeting the other night with considerable discussion on an activity center. Nawrocki referred to the Columbia Heights activity center feasibility study executive summary by BKV Group. There are cost estimates for three different ways to build an activity center; Huset Park partial build out, NEI site partial build out, and NEI full build out. From each of these they have subtracted $3,900,000 to come up with a lesser cast to build an activity center. That amount is from other city funds to be used for this activity center in lieu of the purpose the funds were intended for, such as the $500,000 from the liquor store fund, which we will now have to borrow for liquor store construction. Nawrocki stated his objection to a presentation that whichever one of the ways the activity center might be build that the $3,900,000 be shown in the actual cost because the architect will get his commission on the entire cost. Williaans stated that we have a citizens committee of 36 members and he, as most council members, have stayed out of it. They are attempting to work this through. If residents are interested they should attend the next meeting at Murzyn Hall. We should encourage the committee and should get our citizens to participate. He stated that he has not been involved and he wants to stay neutral. We want the best for our city. We don't know where we are going with this yet. We told the committee that we have to be fiscally responsible as we have a lot going on at this time. Nawrocki stated that he has attended their meetings. In previous council meetings we were told to stay away from them, but with the kind of money being discussed we should be part of them. There are 37 people an the committee and at the last meeting less than one-half of the members were there to vote and there were split votes. He stated his support of the Schoal District proposal to build gyms, as it would benefit Columbia Heights taxpayers because part of the Fridley taxpayers will share in the cost. If we ga beyond the two gyms, it should ga to a vote of the pfeople, as should the extension of the TIF program. He stated that he supposed he would be tall he call r°iat aiitefad thaJe meVilalg elCh er. Petersen stated that the committee brought three propasats forward to get council input if these proposals should be brought to the open hawse, and they left with mare questions than they gat answered. The Council is leaning toward the tower cast building and instruction to work with City Council Minutes February 26, 2007 Page 9 of 11 school representatives. The School Board representatives were surprised at their lack of involvement and the Council was surprised that they had a plan of their own. He stated his hope that they can work together. Peterson stated that everything this Council does is open to discussion. If everything would go to a resident vote there would be no need for a Council to make decisions. We could save the money spent on a council and just send out a weekly questionnaire submitted to the City Manager and see how that works. Hopefully, citizens realize that council members do their homework to make informed decisions and do the best for community. ADMINISTRATIVE REPORTS Report of the City Manager • On Apri14`" from 5:00 to 6:30 p.m. the Southern Anoka County Consortium will meet with Congress Keith Ellison at the Fridley Community Center and will include the schools, City of Fridley and City of Hilltop. Fehst suggested meeting with Fridley officials following this meeting. Williams stated his agreement. Fehst indicated he would work out the details. He suggested that this might also be a good time for a presentation by the Anoka County Sherriff on the forensic lab proposal. They have budgeted this into the capital improvements of the county and will request an additional $6,000,000 from the Legislature or County taxpayers. Fehst stated that however slow the results, these services are now provided free from the State. On the March 19`" the Library Board would like to meet with Council members and the liquor store architects would like to make a presentation. It was clear that Council members want to look at ideas other than the big box approach. Following this, the street program public hearing will be held. Nawrocki • The ink is not dry yet on the work session schedule and it is akeady being violated. Stated strong objection to the extended meeting. Public hearings used to be at a regular council meeting. Diehm stated that Public Works holds an informational meeting for residents prior to the hearing. The meeting would probably not last beyond 7:00 p.m., as residents can have their questions answered at that meeting. Peterson stated that each item could have a timeeframe or tive cozeld schedule to meet with the Library Board on the following evening so as not to rush them. Peterson stated that we rnzrst be.flexible. Diehm stated that she would not be able to attend, but that was alright. Fehst stated that staff was not aware there would not be a quorum for the scheduled Nfar°ch S`h work session. He stated he would speak to the Library Director about changing the meeting. Nawrocki suggested holding the special meeting at 5:30 p.m. and discussing the other items on Tuesday evening. Williams stated that it may be difficult for CItIZenS to arrive by 5:30 p.m. We usually have a room f:~ll of citizens. Fehst stated that there may also be Planning and Zoning Cornrnission items for the 11londay nzeeti~zg. Diehm indicated her preference that the architect be at the Monday meeting so she could be in attendance. • Questioned if members were to respond individually to the Springsted questionnaire or if the response would be from the City. Fehst stated that staff has already responded. Diehm indicated that individual s°esponses cozzld be given. Nawrocki requested a copy of the City's responses. • There was discussion at the Suburban Rate Authority meeting regarding Xcel Energy "butchering" policy an tree trimming. Minnetonka has language in their franchise agreement regarding tree trimming. Asked when our franchise expires. Fehst stated shortly. We should check with other communities regarding wording on tree trimming. • For the third time, council meeting agendas should be placed on cable television on Fridays. Why isn't it? Fehst stated that the person who used to do that is no longer with the City and that position x.>as not filled. We da the best job tivith n~hat tive have. Getting this information out is extremely important and should be done earlier. The agendas are done by Friday afternoon, so City Council Minutes February 26, 2007 Page 10 ~f 11 should be on cable on Friday's, for those who do have cable. Peterson stated that we would have to hire a part time person to do this. Nawrocki we should look around at the people working for the city. Diehm suggested that Council member Nawrocki could volunteer one-half hour of his time to place the agenda on cable. Nawrocki indicated that he could also do a cable program on "Tell it to a Councilman" to get the rest of the story out on what is happening in this city. Peterson stated that he does the Mayor's report on Tuesdays, which is limited to one-half hour, but Council member Nawrocki is welcome to do that. Report of the City Attorney -none CITIZENS FORUM Deb Johnson, 4626 Pierce, stated her confusion on when the scheduled meetings are. Fehst indicated we could get her the calendar and reiterated the upcoming meetings and topics for discussion. Diehm stated that we all wanted a set calendar for the year. She explained that on the third Monday of the month we are trying to shift to an earlier time so members that wish to can attend the Lion's Club meeting. Jeff Diehrn, S 125 St. Moritz, stated that he was watching the public broadcast of this meeting at home and was disturbed with what he heard. He referred to the term "we need more discussion". He stated that discussion is an exchange of ideas between parties, with intent to convey your own message. It is not right to speak to those no longer willing to listen when discussion is closed. That is an embarrassment. In a representative form of government, we are to be part of a team, and if a team takes a course of action, as member I can voice my opinion but do not have the right to circumvent or intentionally damage the group's decision. The best interest of the team must take precedence. When a vote is taken, as an elected official, and my opinion was voiced and my point did not prevail, my constituencies know I did my best; then it is done. He stated his concern that there is no respect for the cut off point to end discussion. He stated understanding that Council members disagree, but never to the point of sarcasm and yelling. This meeting is broadcast. The last city election said strongly that the people who were in position on this city council were reaffirmed by the people of the city and should be respected far that. He stated concerned that when things do not go one person's way, things deteriorate, and he wants to see people held accountable for that and would like to see that stop. COUNCIL CORNER Kelzenberg • Carolyn Laine, State Representative, will hold a town meeting on March 3 from 10:00 a.m. to 2:00 p.m. • Read from the green sheet article regarding Police Chief and Captain Roddy attending a meeting regarding crime in the northern suburbs. It is good this is being talked about and we are trying to remedy this. Williams • Last Wednesday the Jamaica Chief of Police and speaker at last year's Prayer Breakfast passed away. He was a close personal friend. • Appreciated Mr. Diehm's comments. We need to be respectful of each other. Discussion needs to be two ways, or a third idea that really counts. We are moving the city forward as best we can. Crime is a big issue. Rather than prosecute criminals, some cities are just pushing them out of their city. We must deal with crime head on. • Pray for the health of our citizens and for our city. Diehm • We had a major snowfall. Impressed by the way the streets were cleared. Fehst stated that theb-e -16- w=as only ol~e vehicle that requif~ecl towifag. City Council Minutes February 26, 2007 Page I 1 of 11 • Update -Three Rivers Park demolition phase is complete. Concrete will now be ground up and recycled for the base of the new road. • The Empty Bowls fundraiser supper will be next Monday night. Since the work session was cancelled, we can now support that event. • Values First values are citizenship and patriotism. Remember our troops and be thankful for the wonderful county in which we live. Nawrocki • Regarding Mr. Diehm's comments, stated he is very embarrassed to be a member of this body and the way it treats discussion. Understands about going to the voters. Tries to always listen to the people and tries to discuss their concerns. My quest for information will not cease. I may get more vociferous about seeking out information. If a member of the Council has trouble getting information, so do residents. I make no apologies about how vociferous I am. • Regarding Ms. Johnson's concern about following meeting dates; there have already been three changes. + Commended the Public Works Department on plowing. 'They were out early on Sunday and did a good job, and again early this morning. Was in NE Minneapolis this afternoon and saw plowing that was not done. • Anoka County Historical Society has put together a photo history to celebrate Anoka County's 150th Anniversary. They are planning a special program from March 1 to 21. • Ali libraries received private money for free passes for you and up to three guests to visit 16 different museums. Each pass is valid for one week at the current museum being featured. Peterson • Proud to be a member of this Council. Proud of our accomplishments. My colleagues are doing the best job possible. Staff does the best job possible. Proud of Public Works and the job they do. • If you have questions on meeting dates or times or if you want to volunteer to put the agenda on cable you can call the Deputy City Clerk. • Apri129 will be the All Class Reunion at the High School. • Annual Prayer Breakfast will be May 9.Our speaker from last year passed away, and that was probably his last speaking engagement. He left a deep impression on us and I will travel with Councilmember Williams to Jamaica for the funeral of Ivan Brown. • Thank our service men and women. They are doing a fantastic jab. Pray that the conflict comes to an end as rapidly as it can. • Get out and meet your neighbors. It is imperative to understand one another. There is a program on diversity on our cable channel. Celebrate our diversity. • Don't take aurselves to seriously, da a random act of kindness and do your best to enjoy life. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:05 p.m. Patricia Muscovitz, CMC Deputy City Clerk _~~_ ~AAi~; OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL SPECIAL MEETING MONDAY, MARCH 19, 2407 ~~ E A~P P The following are the special meeting minutes far the Public Improvement Hearing of the City Council held at 6:15 p.m. on Monday, March 19, 2007 in the City Council Chamber, City Hall, 590 40`h Avenue NE, Columbia Heights, MN. CALL TO ORDER/ROLL CALL Mayor Peterson called the meeting to order at 6:15 p.m. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PUBLIC IMPROVEMENT HEARING: 2407 STREET REHABILITATION PROGRAItiI FOR ZONE 2 AND 3 Peterson listed the purpose of the meeting. Street Rehabilitation Projects Presentation of Information on Street Rehabilitation Projects by Staff - Kevin Hansen, Public Works Director, indicated that a public information meeting was held last week. He requested those present sign the attendance list. Hansen stated that this hearing is for the City Council decision to proceed with the road improvement project. Assessment consideration would be at a separate hearing. This program is for Zones 2 and 3, east of Central Avenue and east of Reservoir Boulevard. This is the second round of the seven year street rehabilitation program. Street construction is about $180,000 per block. To maintain our infrastructure, reconstruction is done on a zone bases. Soil borings are done in each section and strength testing is completed on the roadways. Our Assistant City Engineer Kathy Young does a physical walk of each street checking cracks, curb deficiency and does a pave and condition index. Hansen explained the three different reconstruction techniques -mill and overlay, partial reconstruction, and full reconstruction. He stated that we also look at the sanitary sewer, water and storm sewer utilities. The sanitary sewer in these areas is in goad. shape with some work required on Hayes Street. The water mains are generally good except on Ulysses and Fairway where there have been breaks and replacement is recommended. Minor work or rerouting of storm sewer lines around Presteinon Park is also recommended. On Cleveland north of 41S` and on Tyler there are same corrections required. The main line pipe is not assessed, but paid by everyone. The services off of the main are maintained by the property owners. Lead water lines or deficient service would be replaced and curb stop issues would be addressed. Hansen stated that the City contributes 50 percent for full reconstruction, 30 percent for partial reconstruction, and 15 percent far mill and overlay. Full reconstruction is assessed over 15 years and the other two repair types are assessed over a 10 year time frame. A unit rate is used for proposed assessments. The project calendar would be final design, bidding phase, followed by construction estimated at June through August, and then an assessment hearing. The dollar amounts noticed to residents are only proposed costs. The final rate would be based on final constructioon casts. There vv~v uid al~ir be a .1.al .r`.vat prvgra. 'v`v aF'..~t of UI'ii°v`er."iity' a`v`~.'tu~° and at th°v pri v'uie re€.F.~~.z/el~rpmint ut tl i~a°. old Apache Theater area. -_18~ _ Hansen referred to questions raised at the public meeting. The storm sewer on Tyler is included. Sidewalks panels are replaced, if determined deficient, or by petition. Access to Ulysses Street will be an issue during normal construction hours of 7:00 a.m. to 7:00 p.m. Questions and Comments on Street Rehabilitation Protects Williams stated that his street is not included. Hansen stated that this is the second round of repairs and may have been done before. Nawrocki stated he has been out twice and looked at every street and he felt we are proposing more repair than is needed. Mill and overlay would handle most of the problems. The tests staff spoke of were done nine to ten years ago. If they were in tough shape then, you should see more deterioration than you do. The assessed costs are to be changed adding administrative costs of about ten percent. Nawrocki stated that when budgets were set they were based on paying for engineering work done during the winter months. Staff is proposing to add $110,000 in administrative and engineering costs. As property owners, residents pay through property taxes and are assessed again. Hansen indicated that over the last several cycles of the program engineering costs have been discussed and as this begins a new cycle staff proposed a 10 percent fee. This was included in the noticed costs. Nawrocki asked if they would get a reduction in their property tax. Hansen indicated that if there was an overage at the end of the year, Council could decide to reapportion or rebate the remainder. Diehm asked if the design costs are before the proposed percentages. Hansen stated that design was not added under the scope of work. The 10 percent is part of the overall cost. DieYun clarified that the actual amount is half of the full reconstruction cost and lesser in the other two repair types. Hansen agreed. Peterson stated that the program was started nine years ago and in the first round the city absorbed the entire cost. If we were to add in this cost, this would be the time to do so, being fair to everyone. Diehm stated that this proposal would spread out the cost over the ten to fifteen years of the assessment rather than added to everyone's taxes yearly. Williams stated that road improvement adds value to resident's homes. Nawrocki stated the biggest share of engineering costs have already been levied for this year. We are asking the property owners to pay twice. He stated his property value went up five percent for next year. Peterson stated that he will be paying taxes this year on improvements for these zones and they will pay on his improvements four years from now. Now is the time to change the policy. Peterson requested anyone with questions on Ulysses Street come forward. Nawrocki asked the cost for this street. Hansen stated it has both street and avenue costs for full street reconstruction; $3,81 I for street plus $1,271 for avenue. It is an internal street. Nawrocki questioned potential for water service costs. Hansen stated $1,480. Diehm stated that our ordinance requires replacement if there are lead lines. A resident questioned if the curb is replaced ors fully reconstructed streets and if there would be driveway repair. Hansen stated there would be new curbs and new driveway aprons. The grade would determine the amaunt of dr?=;'?~=Jay replaced. Petersen requested anemone with questions on Tyler and 41St and 42n~ Avenue came forward. Lee Stanch, 1155 K.yber Lane, asked if the Tyler work is only far ane black. Peterson stated yes. =19Z - Stauch stated that the street is not in that bad of shape. Hansen stated that it was seal coated previously, but has had no other major work. Peterson indicated that we listen to our engineer's evaluation and that of an unbiased firm. He stated that he can not walk over a street and determine the maintenance required. We are looking for long term solutions. Dave Seawell, 4126 Tyler, stated that his street is long overdue for road work. There is a hump where he backs out, and his desire it that this will prevent such problems. Seawell stated that he is willing to pay now and get the job done right. Hansen stated there is a drainage issue at this property. The plan is to replace the curb and catch basin and look at the pipes. Peterson requested anyone with questions on Polk Street come forward. There were no questions. Peterson requested anyone with questions on Haves Street come forward. Jena Lund, 1625 37"' Avenue, asked for an explanation of the avenue rate. Hansen explained the street and avenue rates. She questioned if the overhead utility lines are included for burial. Hansen stated they are privately maintained by Minnegasco and they may consider renovation during reconstruction, but they would not bury the lines if they are standard service. Nawrocki indicated that 37`h Avenue was a municipal state aid road and is not charged to individual residents. Peterson stated that Johnson is also a state aid road, which are both busy and take quite a beating. Peterson requested anyone with questions on Cleveland Avenue corns forward. Ken Kallenback, 4128 Cleveland, questioned what partial reconstruction means for his street and if there would be a new curb. Hansen stated that in partial reconstruction the curb is not changed if it is in goad shape. Kallenback asked how water line problems are determined. Hansen stated that if the building permit for the structure was pulled before the 1950's, the water line might need replacement. Kallenback questioned if the water line is bad if replacement was at his expense. Hansen stated that residents are responsible for the water and sewer line from the house to the street. Kallenback questioned the construction time line, as he is contemplating rebuilding his home this summer. Hansen stated he could not yet give specific dates and suggested checking the water tines during construction. Hansen stated this project would extend storm sewer lines in this area. Gerald Brown, 4101 Cleveland, questioned the difference from 40`h to 415' and 4151 to 42"a. Hansen stated that 40`h to 415` had a mill and overlay the first round of improvements. Hansen referred to the difference in the amount of street cracking. Nawrocki referred to a pile of lumber lying on the street at Cleveland and 42"a Peterson requested anyone with questions on McKinley Street come forward. Nawrocki stated there is park property on one side of the street and asked if the park is paying the full share. Hansen stated the park will pay the commercial or non-subsidized rate. Peterson requested anyone with questions on Fairway Drive come forward. Kevin Doty, 1845 Fairway Drive, indicated he felt they would be charged three times for road work. Hansen explained that 49`h is a County State Aid roadway, for which the County dies not assess. Doty requested the lesser estimate as it would save him $400. Hansen stated that we have not done a county raad4~; ay i^ tl~e lace t°n yAarc. -203 - Nawrocki asked. if this is the only street that will have a water main replacement. Hansen stated replacement is scheduled for Fairway Drive and Ulysses. The water main replacement is not proposed. to be assessed. Jim Totzke, 1630 Fairway, indicated that he would need wheelchair access to his home during construction. Hansen stated this type of individual issue would be addressed at the preconstruction conference. Access will have to be provided and Mr. Totzke would be noticed of the conference or with individual contact. Peterson requested anyone with questions Polk Street or Cleveland to McKinley come forward. No one did. Peterson requested anyone with questions on Tyler come forward. Laura Phain, 1005 Lincoln Terrace, stated that she has a corner lot and on the rental side there is a dip to be dealt with. Hansen stated that staff would have to look at it. Peterson closed the public hearing. Nawrocki asked for clarification on Prestemon Park. Hansen explained the payment for the adjacent streets, three of which are paying the full rate. Consideration of Resolution Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2007-35, there being ample copies available to the public. Upon vote: All ayes. Mahon carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-35, being a resolution ordering improvements for Zane 2 and 3 Street Rehabilitation. Motion to amend by Nawrocki that these projects not have engineering and administrative costs added. Diehm stated that would be discussed when assessments are brought up. Peterson called far a second. No second was received. Motion died for lack of a second< Upon vote: All ayes. Mahon carried. Hansen stated that there would be another meeting for residents to attend in mid-May. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:27 p.m. Patricia Muscovitz CMC Deputy City Clerk/Council Secretary - 214 - City of Columbia Heights Park and Recreation Commission January 24, 2007 Eileen Evans called the meeting to order at 6:35 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Stan Holum; Kevin McDonald; David Payne; Marsha Stroik; Keith Windschitl, Recreation Director; Lauren McClanahan, Public Works Superintendent; Gary Peterson, Mayor Also present: Karen Moeller, Recreation Senior Program Coordinator APPROVAL CONSENT AGENDA Motion by Foss to approve consent agenda with correction of the adjusted total expenses for John P. Murzyn Hall made to the December bills, second by McDonald. All ayes, motion carried. LETTERS AND REQUESTS Windschitl spoke about the requests made for the September rental of John P. Murzyn Hall by Sheralyne Sowada and Steve Rechnagel. The letter specified three separate requests: to serve food on the carpet area, to donate the flowers for the planter at the front of Murzyn Hall, and to receive an additional 15% discount on top of the 25% resident discount. Windschitl reviewed the policy set by the commission that there would be no food service allowed on the carpeted area after the new carpet was installed. He also stated that the Sister Cities and Beautification Committees have previously handled the planting of flowers at Murzyn Hall. As long as Sowada coordinated with those in charge of the planning and the results continued to be as nice as in years past Windschitl did not care what color the flowers are as long as the planter's look as good as they have in the past. Evans .stated that the commission established a policy of allowing one discount only and felt that it should not be changed. Payne agreed. Windschitl stated that the SunFocus newspaper printed a correction about the discounts applied toward resident rentals of Murzyn Hall. Windschitl agreed not to deviate on the discount or food service on the carpet area policies that were previously set by the commission. Motion by Foss to deny the request of serving food on the carpeted area and not to grant the additional I S% discount request, the group would be authorized to work with the Sister Cities and Beautification Committee to coordinate the planting, second by Payne. All ayes, motion carried. Windschitl reported an additional request was received for an extended rental time until 2:00 a.m. on Saturday January 27`h, 2007 far a funeral service celebration. The renter would pay a fee of $60.00 every half-hour after the usual 1:00 a.m. rental time. The bar would shut down at 12:30. Security would be scheduled until 2:00 a.rn. Motion by I-loium to approve the late rental until 2:00 a.m. with the trnal details approved by Windschitl, second by Foss. All ayes, motion carried. _22_ Park & Recreation Commission January 24, ?007 7 OLD BUSINESS None at this time. NEW BUSINESS Windschitl discussed charging a $50 rental fee, plus tax to renters of Murzyn Hall for the use of the new white melrnac plates and clear drinking glasses. Many caterers commonly use these types of plates. All plates, glasses and flatware would need to be washed by the renter after use. Evans asked if linens were available to renters. Windschitl replied yes. Hoium stated that it is another form of revenue. Windschitl replied that the profit is about $3.00 per linen. For anon-profit organization the linens are rented at our cost. Motion by Foss to charge afifty-dollar rental fee plus tax for the use of the white plates, with the renter being required to wash them after each use, second by Payne. All ayes, motion carried. Police reports were handed out from the December 30, 2006 rental. Windschitl reported on the problems that occurred during that rental. He spoke with the City attorney and is recommending aone-year moratorium for charged admission concerts. We have had problems with some and we have had good results with other concerts at Murzyn Hall. Hoium stated that he worked at the previous two concert events for the Lion's Club bar and the Samaroo group has always done a good job at controlling their event, this previous concert (December 30, 2006) was not as good. He also asked about the Lion's Club Sweetheart Dance being approved or not. Windschitl stated that the moratorium would specify public concerts charging admission at the door for profit; non-profit organizations and fundraisers would be allowed. Windschitl indicated these concerts are being advertised in City Pages. Motion by Foss to place aone-year moratorium on concerts, revisiting the issue at the November Park & Recreation Commission meeting, second by McDonald. All ayes, motion carried. Recreation Senior Program Caordinator Karen Moeller spoke about the need for better transportation within the senior program. Several years ago the City van was purchased to allow for smaller trips and outings. Moeller stated that concerns with the current type of van are the lack of steps and handles to get in and out of the vehicle and there is no aisle to get to the back seats. It is very difficult for many of the seniors to get in and out of the van and some are only able to get into the front seat. The van is currently used many times in one month for walking groups, mystery lunches and other short distance outings within the senior program. (7ther organizations using the van are the Fire Department, Police Department, Sister Cities, Recreation youth programs such as bowling, basketball, baseball, football, wrestling, softball, summer park groups and the puppet program and far the transporting of the Neighborhood Event Wagon. Moeller stated that there is no need to get rid of the current van but there should be a safer vehicle that is more accessible far the seniors. She used an example of her church van that was purchased for around $17,000 that seats the same amount of people and has steps and railings. Fass asked if there were ways to get grant money to help pay for a vehicle. Windschitl replied that there are grants and the department has not yet approached Med Ironic. Foss re~iied that we need to find a way to get the money and that the senior program has grown because of Moeller and how well she treats people. Payne asked -23- Park & Recreation Commission January 24, 2007 3 where the money would come from for maintenance and repairs? Windschitl replied that it is currently under the Recreation Administration budget, and that the maintenance is done in-house. Motion by Payne to research how to acquire a grant for getting a van for multiple city use with the support of the Commission, second by Greenhalgh. All ayes, motion carried. Peterson suggested that we should be constantly looking far a good quality vehicle for this program. REPORTS RECREATION DIRECTOR Windschitl reported that he would be attending the City Council work session to discuss the Heights Happenings Newsletter printing. It is currently printed four times per year of which 12 pages contain city department information and the other 12 pages are dedicated to recreational activities and information. The City would like to improve the overall appearance of the newsletter. Windschitl thanked Peterson and the Activities Fund for the donation of stage lighting and sound equipment. The Theater Tec class is currently using that equipment. Windschitl formally invited the Commission Members to the recognition dinner to be held on Thursday March. 29t" at Murzyn Hall. The 2008 John P. Murzyn Hall rental rates were approved by the City Council. PUBLIC WORKS DIRECTOR/CITY ENGINEER McClanahan reported that the Ostrander, Keyes and McKenna Park ice rinks are open. There is a concern with the vacancy of Jean Kuehn's position; there is no one to head up the Beautification Committee. Kuehn coordinated the planting of flowers around the City. Peterson asked if the Committee members have been asked to step up into this position. McClanahan replied that no one has stepped forward. Improvements are being made to the G.I.S. System so that mailings of the newsletter will go to everyone in the city. Trimming is being done in the parks. The Department is looking at equipment purchases for the summer. Evans asked if the budget is ahead for snowplowing costs. McClanahan replied that materials are purchased ahead of time and are hard to stare. COMMISSION MEMBERS Foss inquired about the number of adult softball registrations. He reported hearing from a few teams that they would be going elsewhere this year for softball because there is no post season. Windschitl replied that he would be sending out letters to all previous teams. If any team wants a birth for the post season tournament Windschitl will reserve one, but the team is responsible for payment. Previous years Windschitl has reserved a state birth, covered the cost and some teams wauId not attend, leaving the birth unused. This was a waste of $140.00 per biz~h. The rates will. not have to be raised due to the individctal teams paying for their State Tournament biz-th. Foss commented that he does not want to see the adult softball program decline. Windschitl agreed. Peterson reported that Council Member Nawrocki would tike to see the EDA Commission zneetinus televised. Peterson. is not in favor of televisir,~ the commission meeting because someone would have to be hired to film each meeting within the City. -2a- Park & Recreation Commission January 24, 207 The Commission Members agreed. Peterson reported that Council Member Kelzenberg would like to see the hill at Keyes Park turned into a ski hill. Payne commented that if the area would have to be lengthened for that type of activity it would take out the existing ball fields. ADJOURNMENT -Eileen Evans adjourned the meeting at 7:55 p.m. Deanna Saefke Recreation Clerk Typist II -25- /~ ~ b ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES JANUARY 23, 2007 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 OATH OF OFFICE Murzyn Jr. performed the Oath of Office far commissioners Petersan, Diehm and Kelzenberg that were recommended for re-appointed by City Council. ELECTION OF OFFICERS Motion by Nawrocki, second by Diehm, to nominate the same officers for 2007, which are President, Don Murzyn Jr.; Vice President, Patricia Jindra; and Secretary/Treasurer, Bruce Kelzenberg. All ayes. Motion Carried. Approve Minutes and Financial Reports and Resolution 2007-02. Nawrocki asked for clarification of personal services. Streetar stated it was for Cher, Randy and his time spent on Parkview Villa issues. Motion by Peterson, second by Jindra, to approve the Minutes and Adopt Resolution 2007-02, a Resolution approving the financial reports and payment of bills for November and December, 2006. All ayes. Motion Carried. BUSINESS ITEMS Resolution 2007-03 Elimination of Parcels from TIF District #1 Schumacher stated this was something that was brought to staff's attention by Anoka County, as there are two parcels that exist within the P3 and P4 TlF district; where one half of the property lies within the district and the other remains oufside the district. Attached is a resolution and a map showing where the property lies within the City. Nawrocki stated he couldn't figure out which /ofs he was talking about. Schumacher stated fhe property is outlined in black an the map, which is 4100 Stinson Blvd. Streetar stated in 1997 the City established the scattered site TIF district. The district was decertified on December $, 2002. What brought this to our attention was that a resident wants to eombine his property and was unable as long as one parcel is on a TiF district` and one is not. -26- Economic Development Authority Meeting Minutes January 23, 2007 Page 2 of 3 Motion by Williams, second by Diehm, to Adopt Resolution 2007-03, a Resolution appraving the elimination of parcels from the HRA Tax Increment Financing District Number 1, located within the Central Business District Redevelopment project in the City of Columbia Heights. All ayes. Motion Carried. COLUMBIA HEIGHTS ECOMOMIC DEVELOPMENT AUTHORITY CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 2007-03 RESOLUTION APPROVING THE ELIMINATION OF PARCELS FROM THE HOUSING REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 1 LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, on May 27, 1997, the City of Columbia Heights City Council (the "City} established the Housing Redevelopment Tax Increment Financing District Na. 1, County Identifer P3 and P4 (The "TIF District"), and on December 17, 2001 added parcels to the District, County Identifier S7, within the Central Business District Redevelopment Project; and WHEREAS, the Columbia Heights Economic Development Authority (the "EDA"} is the administrative authority for the TIF District; and WHEREAS, the TIF District, in part, included the following parcel numbers, which were previously certified in the TIF District (the "Parcels"): R35-30-24-31-0177 (new P[N from R35-30-24-31-0152) (P3} R3~-30-24-11-0080° (P4} WHEREAS, the EDA desires by this resolution to cause the elimination oftlte Parcels from the T1F District thereby reducing the size of the TIF District; and ~t'HEREAS, because the total current net tat capacity of the parcels to be eliminated from the TIF District equals or exceeds the TLF District's original net tax capacity of the parcels, the holding of a public hearing is not required pursuant to Minnesota Statutes, Section 4b9.175, Subd. 4. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE EDA as fi~llows: 1. The tax increment financing plan ("TIF Plan"} for tha TIF District is hereby modified to remove the Parcels from the TIF District, effective for taxes payable in 2007, if administratively possible, otherwise effective for taxes payable in 2008. 2. Upon approval of the approval resolution by the EDA, staffare authorized and directed to file ++ Rs„i., 'rl, ~ r~ ~ • 1 ~ +- ,~st *h ~ f^r the 't 1; p, t ,,.ti a copy vi ~h i$ ta. viutivii yr i~~.i ~~ti L'I~a ~... `v"ti ii i~'` aiEiiig `r'v'it i iii$tr tiC~iv`iiS to adJu use record., v. I I/Is~r ia,~ accordingly, and file a copy of the resolttion with the Minnesota Commissitsner of Revenue and Office of the State Auditor. -27- Economic Development Authority Meeting Minutes January 23, ?007 Page 3 of 3 Approved by the Board of Commissioners of'the Columbia Heights Economic Development Authority this -day of January, ?007. President ATTEST: Cheryl Bakken-Secretary Other Businesses Nawrocki stated he brought it up of the City Council meeting last night to have the EDA meetings televised as they make a lot of decisions the residents should know about. Peterson stated it would have to be at City Hall as that is where the cable tv system is. Fehst sfafed, we need to keep in mind the EDA can'f do anything without the City Council's approval and that the work sessions would be in Conference Room 7 and the meetings in Council Chambers. ADJOURNMENT President, Murzyn, Jr., adjourned the meeting at 7:24 p.m. Res~ully sub Chery! a!:lcen Community Development Secretary H:\EDAminutes2007\1-23-2007 2a - ~t~zc.. COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES March 6, 2007 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Catherine Wesley, Patricia Sowada, Bruce Kelzenberg, Lynette Thomson and Becky Loader. Nancy Hoium was absent. It was moved, seconded, and passed to approve the minutes of the February 6, 2007, Board meeting as mailed. Bill list dated 2/26/07, was reviewed. It was moved, seconded and passed that they be paid. The accounting was reviewed. Old Business• 1. Report on Council work session by Catherine Vesley was provided. The three proposals for gymnasiums/Activity Center and their proposed costs were reviewed. At this time, there is no consensus on the part of the Citizen Committee to endorse any of the proposals exclusively. More meetings are scheduled. Staffing update: a. A formal offer for the Clerk position has been extended to Ramon Gomez. Ramon has accepted the position and will begin working in his new position on March 26. b. Candidates for the Library Supervisor position are being interviewed this week. Policy Manual Review schedule was discussed. a. Staff has been asked to move the Building Use Policy forward in the schedule for review. It was moved, seconded, and passed to make an exception to the policy concerning the selling of material for a special event sponsored by the Library. This event features the book written by Columbia Heights native Vincent Wyckoff. b. T'he Donation policy that was voted on last month was signed. Becky and Dana have met with the Friends of the Library and the decision has been made to have one final booksale this year in June. After the booksale the sale cart portion of the policy will be gut into effect. 4. The Board will request to have the work session originally set for 3/20 with the City Council rescheduled for a date in Aprii, when mare Library Board and City Council members will be available. -29- New Business: l . The 2006 City version of the Annual Report was reviewed and discussed. 2. Article that appeared in the Northeaster on 2/27!07 concerning the Municipal liquor operation was reviewed. 3. The editorial concerning libraries in the 2121/07 edition of the Northeaster was reviewed. Additional information, since that article appeared, was discussed. 4. Anoka County has pending special legislation to remove the specific dollar amount currently in place for bonding for Anoka County Library buildings. There being no further business the meeting was adjourned at 8:20 p.m. Respectfully submitted, ~~7t~m.c~a~ Jeanine Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. -so- ~--~ COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES February 6, 2007 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Nancy Hoium, Catherine Vesley, Patricia Sowada, Bruce Kelzenberg, Lynette Thomson and Becky Loader. It was moved, seconded, and passed to approve the minutes of the January 2, 2007, Board meeting as mailed. Bill list dated 1/22/07, of 2006 bills was reviewed. It was moved, seconded and passed that they be paid. Preliminary 2006 year-end accounting was reviewed. Bill list dated 1/22/07, of 2007 bills was reviewed. It was moved, seconded and passed that they be paid. Bill list dated 2/12/07, was reviewed. It was moved, seconded and passed that they also be paid. The 2007 accounting was reviewed. Old Business• 1. Staffing update was given. Interviews for the vacant Clerk position will be conducted February 12 and 13. The part-time Library Supervisor position will be advertised in the Star/Tribune with applications scheduled to close at 4:45 p.m. on Monday, February 26, 2007. 2. The joint meeting beriveen the Library Board and Foundation Board that was held on January $, 2007, was discussed. Plans far both Boards to meet with the City Council on 2/5, was rescheduled far 2/21. Barb presented the information that the Activity Center group is scheduled to meet with the City Council that same night. After discussion, the Board felt it would not be the appropriate time to meet with the Council. 3. Lynette reported that the Activity Center group met and that the Activity center plans have changed. The group will present 2 sites to the City Council, NEI and Murzyn Hall. 4. "One Book/One County" brochures were distributed, and reviewed. The list of upcoming events was reviewed. The first book discussion will take place at Columbia Heights on February 10. I~tew Businesso 1. Statistics for November 2006 and December 2006 were reviewed. The revised Donation Policy and price list were discussed. The current Policy was reviewed. After discussion it was moved, seconded, and passed to adopt the revised Donation Policy guidelines as presented. -31- 3. The first payment from the estate of Loyd Schmidt has been received. A plaque in his honor will be displayed. It was moved, seconded, and passed to accept the donation and to designate that it be used for Capital Expense. 4. The newspaper articles about a passible merger of Minneapolis Public Library and Hennepin County Library was discussed. There being no further business the meeting was adjourned at 7:55 p.m. Respectfully submitted, ~eanine Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or ernplayment in, its services, programs, ar 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 -32- S-~-Z-~ PLANNING AND ZONING COI~IMISSION MINLiTES OF THE REGULAR MEETING MARCH 6, 2007 7:oa PM The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek. Roll Call: Commission Members present- Fiorendino, Schmitt, Peterson, and Szurek. Members Excused: Thompson Also present were Jeff Sargent (City Plaluier}, and Shelley Hanson (Seeretaly). Motion by Fiore~7dzrro, seconded by Peterson, to approve the rrainutes from the ~I~eeti~~g af,Ias2uary 3, 2007..411 ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0201 Bruce ~'Vhitney 4920 Tyler St Lotsplit/CUP/Variance INTRODUCTION Bruce Whitney is proposing to split the property located at 4920 Tyler Street in order to convert an existing duplex into a twin home. Tlie Zolung Ordinance has recently been amended to require a Conditional Use Permit (CUP) for all twin home proposals withal the R-2A or R-2B, One and Two FarliIly RcSidentlal Zoning DISt2'1CtS. The existing house located at X1920 Tyler Street is a duplex built in December 2006. The applicant stated that he wants to sell the properties to prospective property owners rather Phan manage the property as a landlord. Because of the current orientation of the house on the property, a lot area variance will be necessary because the proposed lot split does not result in t~°o equally sized parcels. COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards Medium Density Residential. Both tale current use as a duplex and the proposed. use of this land as a twin Dome are consistent with the intent of the Comprehensive Plan. ZONING ORDINANCE The property is zoned R-2A, C}ne alld Two Family Residential. TI-Ie minimum requirements for lot area, lot width alld setbacks in the R2-A District for a twin home use are as follotivs: -33- PLANNII~IG & ZONING COMMISSION MINUTES PAGE 2 MARCH 6, 2007 Lot Area: Lot Width: Front Yard Setback: Side Yard Setback: Rear 3'ard Setback: 12,000 square feet 60 feet Average requirement 0 feet 20% of lot depth. The lot width and lot area requirements are the minimum standards required for properties pr"lar° to the lot split, in order to construct a twin home. The Zaning Code has specific requirements for zero lot line setbacks when taking twirl homes into consideration. They are as follows: (1) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach upon another property. The proposed lot line will split the strzrctzrre into t~~~o separate living quarters, along a party wall. .fit na point does any portion of either dwelling unit encroach onto the neighboring property. (2j The applicant records all required agreements, easements and deed restrictions~against all properties that abut the zero lot line. This condition will be attached to the Conditional Use Permit Resolution. The applicant i~~ill be responsible for recording a party wall agreement as well as a driveway easement agreement between the two properties. (3) The .~~inimum fi•ont, side and rear building setbacks shall be applied to the stnrcttizre as a whole, rather than to individual units. The current structure i.s 2f1.6 feet from the northern praper•ty line, .5.34 feet fr'orn floe sazttlrern prapertJ~ Brae, arzd approximately 56. S feet frrorn the rear property line, meeting the rriinirnuna setback r•egzrirentents. The structure is setback 34.69 feet from floe frront property Brae. Given that the average setback of the houses 200 feet to floe raartli and sot~rth is 35 feet, the current location of the szrbf ect property razeets the raziraimztraz front yard setback requir°enaent, (4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by the stnicttue by the total number of dwelling units. The curreratproperty is 12,869 square feet. The existing hozrse does not sit directly in the raziddle of the property, however it still meets czll floe rrrinirzaunz setback regt.rirenzerats. The naininzzrna lot area fire each property nazrst be 6, -13=1. ~ square • feet. Therefore, a 1,199.5 s•quccre,foot area variance is required for the southern parcel. The park dedication fee for Parcel B wi11 be 53,132.00, to be paid upon final approval ofthe lot split. 34 - PLANNING & ZONI1vG COMMISSION MINUTES PAGE 3 MARCH 6, ?007 FINDINGS OF FACT (Minor Subdivision} Section 9.104 (J) of the Zoning Ordinance outlines eight conditions chat must be met in order for the City to grant a minor subdivision. They are as follows: (a} The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in the creation of ha~o parcels. (b} The proposed subdivision of land does not involve the vacation of existing easements. ttTO existing easements laJill be vacated as a reszalt of the proposed nziazor subdivision. (c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The northern lot will be 7,634 square feet in area mzd the southern lot will be ~,23~ square .feet in area. The southern lot will a•er~uia-e a 1,199.5 square foot area variance, as it is not one-half of the total lot area of the existing parcel of land. (d) The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. The property currently has adequate access to Tyler Street and will not requia•e a dedication of the public right-of--way for access purposes. (e) The property has not previously been divided through the minor subdivision provisions of this article. This pz•operry I~as not been previously subdivided through the >7zinor subdivision process. (fj The proposed subdivision does not hinder the conveyance of land. Tlzis is a true statement. (g} The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. Tliis is a true statezzzeazt. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.114 refers to the subdivision regulations set forth in the City's Zoning Code. The proposed subdivision meets call of tlae desigr~z standards specified in this section. FINDII~TGS C3F FACT (Conditional Ilse Permit) Section 9.104 (H} of the Zoning Ordinance outlines nine conditions that must be met in order for the City to grant a conditional use permit. They are as follows: (a, Tl:.~ ~~Se is s.5i; of th~~ ~~:~?-sditional =jses licfed fr_ th~~ Zan?_z~ rli;= c t ___ vvhic;h t}'e ~~r~:t~.=t-ty ; ~- -~ ` - located, or is a substantially similar use as determined by the Zoning Administrator. 14 twiaz hoaaze use is specifically azzentianed as a Coazditioncal Ilse itz the R-2.J, One aaul Zia~o F'arnily Residential District. -35- PLANNING & ZONING COMMISSION MINUTES PAGE ~ MARCH 6, 2007 (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area towards Medium Density Residential. Both the current use as a duplex cmd the proposed use of this land as a twin borne crre consistent with the intent of the Comprehensive Plan. (c) The use will oat impose hazards ar disturbing ii2tluences on neighboring properties. The use of the building will change frotr2 a rental dwelling to owner-occupied. This slrnuld not impose hazards or disturbing influences within a residential area. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of the property in the irnrnediate vicinity would not be diminished with this proposal. The building is an existing structure on the property. (e} The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The character- of the surrounding area is for one and two family households. The twin home proposal woz.rlcl be consistent with t1~e chcrr•aeter of the surrozrncling 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 =7920 Tyler Street~meets this criterion. (g) Adequate measures have been or will be taken to rninunize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. Traffic congestion will not be a problem i~~ith a two family residential use within a residential district. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is tl~e immediate vicinity. The use will rzot cause a negative cumzlative effect in the area. The proposal would be reducing the number of rental units in the neighborhood.. (i) The use complies ~~ith all other applicable regulations for the district in which it is located. The zrse requires a lot area variance as applied for•. FIN>!3INGS OF FACT (variance) Section 9.104 (G} of the Zoning Ordinance outlines five conditions that must be met in order for the City to gra~zt a variance. They are as follows: (~a} Because of the particular physical suz7-oundings, or the shape, configuration, topo~,lraplzy, or other conditions of the specihc parcel of Land involved, strict adherence to the provisions of this article u%a2ad cause undue hardship. The a~-~erall size of the property rzreets the rrrinir7zzrrrr starzr.~ar=ds to aho~v a twin borne zrse. The corzditivns ,for cr zero foot lot line setback r°egzrir°e drat the parcel be equally ,~7~lit when establishirx, cr t~-vin horse. The hardship irr this case is that tl~e dwelling is in an existing locativrr or'r the pr~opert~~ that ~voz.rld di.~all~~~~~ the p~rr-cc~l to be split evenly=. PLANNING & ZONING COMMISSION MINUTES PAGE 5 MARCH 6, 2007 ("b} The conditions upon which the variance are based are unique to the specific parcel of land involved and are generally not applicable to other properties witlvn the same zoning classification. There are very fesa~ duplex dwellings located on par-eels greater than 12, Ol}0 square feet irz area in the City of Cola~zmhia Heights. f7f those that are, there are fewer that would be able to be converted to twin laofnes because of the inside confrgu~°ation of the d~~~elling arnits. (c} The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The applicant built the di~~elling unit with the purpose of creating a duplex and renting out each side of the building. :fit this time, the applicant would like to be able to sell both sides of the building to an owner-occupied tenant. (d} The granting of the variance is in harmony with tl~e general purpose ai7d intent of this Comprehensive Plan. The Comprehensive Plan gzrides this area towards Medium Density Residential. A t~~~in home use is consistent i.vith the intent of the Corrapr-eheyasive Plarz. (e) The granting of the variance will not be materially detrimental to the public welfare or ' materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the var°iance would not cliarzge the physical r~~~ake-up of the property in the least. The existing ba~ilding will remain uv its current location, with no additions proposed. The requil-ement of the variance is necessary to change the use of the building.frorn rental ufzits to o~t~ner-occupied ~rnits. Staff recommends approval of the Lot Split, the CUP, and the Variance with the conditions noted in the motions. Questions by members: Szurek questioned how they would know the firewall separation is in place. Sargent explained that it is a condition of approval and that the building official has already informed them. that they will need to add sheetrock to each party wall to make them a two hour separation to meet the requirement. Fiorendi~~~a understands the intent is to sell the units and hapeiiilly, have them owner occupied. However, he pointed out there is nothing in our code that would prevent them from being rental property. He asked if the current owner is the person who converted it from single family to a double bungalow and whether he created his own hardship so that: a variance was no~v needed. Sargent explained that since it was not a whole new structure and that the old single fan~ly home was added on to t0 Create a dOLlble that th1S waS nOt a piallrleEl n"IISLLSCr Uf lauu. riaCc t1tG owner piarlileu to vuiiis a twii3 home from the beginning or had he torn tl~e old house down and built an entirely new structure, than he would have had to place it in the center of the lot, so there wotddn't have been a hardship. -37- PLANNING 8~ ZONING COMMISSION MINUTES PAGE 6 MARCH F, ?007 Sargent was asked what would stop any owner from building adouble/duplex then splitting it into two parcels. Members were concerned about setting precedence with owners of other doubles tlu•oughout the city. Sargent said they would need to have a minimum of 12,000 sq. ft. in order to consider doing this, and there are very few lots in the city that would meet all the requirements and setbacks. Szurek asked if the property had ever been used as a double bungalow acid was told it has not been rented since changing the use to a double bungalow. Sclunitt questioned whether two single car garages met our code requirements. She thought single family horses must have double garages, so wandered if another variance might be needed for this discrepancy. The Public Hearing was opened: Marv Sowada of 4990 Johnson Street and who awns a double bmlaalow near this property voiced his opi.i~ion that 11e didn't think a variance should be 6raiited as the owner created his own hardship. He thinks the building could have been constructed differently anal placed in the middle of the lot. He also thinks it is misleading to be advertising this for sale as a twin home when it hasn't even been approved yet. Bruce Whitney one of the ovv~~ers of the property explained that when he pulled the permit, he was told he couldn't build a twin home, but he could construct a double bungalow and did so. This project started just prior to the moratorium prohibiting douubles and twin homes from being canstru.eted until the zoning and criteria could be established that would limit additional rental properties front being built on small lots. It was in the process of construction when the new zoning requirements were established. Therefore, since the time the project staj-ted, tl~e cuuncil hYas set the criteria whereby a t•~vin ho~zae may now be possible and may knit additional rental property. Sargent thought this now makes this property a Leual non-conforming structure. Sargent went on to remind members that the property is not being re-zoned. It is in a R-2A district with. other doubles in the sunotulding neighborhood. It was built as a double bungalow and whether it is rented or sat, does not cllvtge that it will be used for rivo families. It will not look any different than it does now. Fiorendizlo clarified that a doulale/duplex can be built off center, but a twin home couldn't since it needs to be split equally and meet minimum square feet and setback requirements. Peterson again asked whether a double bungalow or twin name would need a double garage for each unit. Sargent said that he would need to ~o back and look at the original building permit application and any notes about the approval, and then speak to tl~e City Attorney for ail intezpretation as to whether ~~nc~ther variance nay be needed. He will da this rese~~clr prior to the next council meeting and if the present requests need to be tivith~drawn oi- if additional vari~~nces hued iu be applied for, he will canta~t thu applicant. But for saw, the Co~ru~issic~n should make their recommendation based an the ilzfonnation at hand assuming there are na fi~rther issues. -38- PLANiVING & ZONING COM~HSSION MINUTES PAGE 7 MARCH 6, 2007 The Public Hearing was closed. Motion by Scnritt, seconded b}~ Fior•errdirro, drat the Plaruzitzg Con~unission recolzznaends the City Cou~zcil approve the minor subdivision of the property located at X920 Tyler Street for the pul~ose of creating parcels for a twin lzonze, subject to certain conditions of approval that have been found to he fzecessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development t~rclinartce, including: 1. ,411 applications materials, Izzaps, drawings alzd descriptive information subl~zitted la~ith this application shall becalaae part of the perl~zit. 2. The applicant shall pay a prn•k dedication fee iIZ the amount of $3,132.00, due at the time of filial approval by the City Council, and prior to anv per~rzzits issued for the property. All ayes. MOTION PASSED. RESOLUTION NO. 2007-XX RESOLUTION APPROVINGG A LYIINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BRUCE WHITNEY WHEREAS, a proposal (Case No. 2007-0201) has been submitted by Bruce Whitney to the Clty Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4920 Tyler Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRII'TION: On File at City Hall THE APPLICANT SEEISS APPROVAL OF A Iv1INOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recotmnendatIOns of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the sunaunding area; and has held the required public hearing on this proposal on March 6, 2007. NOVV, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of Iand does not involve the vacation of existing easements. 3. All. lots to be created by the proposed subdivision conform to lot area and width requirements estabii.shed for the zoning district in which the In-operty is Located. 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the propel-ry. 5. The property has not previously been divided through the Inillor subdivision provisions of this article. H. Tlie proposed subdivision does not hinder the conveyance of Ealld. ~. ~~jle proposea SllbC11V1S1011 dOeS llot IITIlder the maknlg of aS`+eiiSlllelit or ilic ii.cepiilg Cii reCorc`Is r elai.'d ti^. aSSeSSIllentS. 8. The proposed subdivision meets alt of the design standards specified in the §9.I 14. -39- PLANNING & ZONII`~G COMMISSION MINUTES PAGE 8 MARCH 6, 2007 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other infonnatian shall become part of this subdivision approval. CONDITIONS: I . All application materials, maps, drawings and descriptive information submitted with this application. shall became part of the permit. The applicant shall pay a park dedication fee in the amount of $3,132.00, due at the time of final approval by the City Council, and prior to any permits issued for the property. 1Llotioza by Schmitt, seconded by Fiz°oendino, that the I'lannirzg ConanaissioJa recommends the City Council approve the Conditional Use Permit foz^ Twin Home use, subject to certain conditions of approval that have been, foutad to be necessary to protect the public interest and ensure compliance i~~ith the provisions of the Zoning and Developnaezat ~rdinatace, it2cluding: 1. ill application materials, maps, drm>>ings mid descrr.'ptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than a ozte-hour fire z-esistive rating with exposure from bot7~ sides. 3. A shared parking/di°iveway easement shall be dean>n up mad recorded with Anoka County for the shared use of the driveway. -l. That the applicant is responsible for recording all agreements, easemet2ts and deed restrictions against all properties abutting t7ze aero lot Brae. All ayes. MOTION PASSED. RESOLUTION N0.2007-XX RESOLUTION APPROVING A CONDITIONAL I1SE PERMIT FOR BRUCE WHITNEY WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0201) has been submitted by Bruce Whitney to the City Council requestv~g a conditional use permit from the City aCColumbia Heights at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall. "I'HE APPLICANT SEEKS THE FOLLOWING I'ER1Vl1T: A Conditional Use Permit per Cade Section 9.109 (F}~)(b). ~~V~I3EREAS, the Planning Commission has held a public hearing as reduired by the ciiy Zaning Cade on Maa-ch 6, X006; WHEREAS, the City Council teas considered the advice and recommendations of the Planning Commission regarding the effect of the pj-oposed conditional use pe,nnit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any coneea-ns related to eo~npatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surraunding areas; and -40- PLANNING & ZONINU COM'~IISSIOIv` MINUTES PAGE 4 MARCH 6. X007 NOW, THEREFORE, BE IT RESOLVED by the City Cowicil 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 han~aany with the general purpase and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributit7g influences on neighboring properties. S. The use will not substantially diininislz the use of property in the inunediate 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. T'he use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the inunediate 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 pernut the city and the applicant agree that this permit shall become null and void if the project has not been completed within ot~e (1) cale~zdar ~ecn~ after the approval date, subject to petition for renewal of the petnzit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with tlus application shall become part of the pernzit. 2. The shared party wall shall have not less than cone-hour fire resistive rating with exposure from both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. 4. The applicant is responsible far recording all agreements, easements, and deed restrictins against all properties abutting the zero lot line. ~lfotion by S'chr~r~ztt, secotzded by 1'eter•sorz, that the P1czs~~~zit~g C'oiTZrrzission reconzrraetzci<s the City= C'auncil a~~t-ove the 1,199.5 sgarcrre foot cilwcu vcrricrfzc~ fog ti7e soutlzcrn 17czr°ccl 1©catc?d czC ~9ZQ ~'}%ler Str~•eet fvr the pu~7~ose of creating a twin home. All ayes. MOTION PASSED. -41 - PLANNING & ZONING COIv1MISSION MINUTES PAGE 10 MARCH 6, 2007 RESOLUTION N0.2447 .~`~ RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLU141BIA HEIGHTS ZONING CODE FOR BRUCE WHITNEY WHEREAS, a proposal (Case # 2007-0201) has been submitted by Bruce Whitney to the City Council requesting a variance from the City of Calumbia Heights Zoning Code at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1,199.E square foot area variance for the creation of a new lot per Code Section 9.109 (D)(4).. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 6, 2007; 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 airy 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, tapagraphy, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. ". The conditions upon which the variance is based are unique to tl~e specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. Tl~e 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 properrty or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become paJ-t of this variance t~znd 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 petitian for renewal of the penmit. These Resolutions will gu to tho City Couzfcil I~Iarch 26, 7007. _42_ PLANNING & ZONING COMMISSION MINUTES PAGE 11 11~ZARCH 6, ZOQ7 CASE NUMBER: 2007-0301 APPLICANT: Cinder's Greenhouses, Inc. LOCATION: 4300 Central Avenue, Rainbow Parking Lot REQUEST: Conditional Use Permit for Seasonal Sales INTRODUCTION Cinder's Greenhouse has applied for a Conditional Use Permit to allow the operation of a seasonal mini- garden center for flowering plants and retail sales. According to Section 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultuual sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from April 15`j' through July 15`x'. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as previous years with four, six - foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Malt and all smoking will be prohibited. ~ The principal uses of the subject parcel are preexisting and comply with zoning regulations. The two structtiues and patio will displace approximately 30 parking spaces and a drive aisle. Tlus will be the Cinder's 18`'' year operating a temporary greenhouse at this location in Columbia Heights. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal i consistent with the intent of the City's Coanprei~ensive Plan. ZONING ORDINANCE The zoning classification for this property Located at =1300 Central Avenue is CfB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L.)(I O} of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 14-1,900-square-foot connnercial buildinn is required to have X83 parking spaces. After using the 30 parking spaces for the greei~llouses, the site still has X98 parking spaces. Furthermore, with the location of tl~e display area on the opposite side of the parking lot as tl~e store entrances, the operation should riot have any effect on vehicular access for the site. PIease note chat the Fire Depai•t~nent has reviewed the proposal and has no concerns regarding it. -43- PL<4NNING & ZONING COMMISSION MINUTES PAGE. 12 MARCH 6, ?007 FII~IDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance auttines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. The use is one of the conditianal uses listed far the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Seasonal agricultural sales is a Corzditiorzal Use in all aotzing districts, arzd is considered retail sales, which is permitted in the GB, General Business District. 2. The use is in hannany with the general purpose and intent of the Comprehensive PIan. The Comprehensive Plan guides the subject property for coznnzerciat use. Seasonal agricultural sales are allonjed as conditional uses itz all re siderztial districts. 3. The use will nat impose hazards or disturbing influences on neighboring properties. The closest residential property to t7ze south is ever 300 feet fi°orn the proposed terrzporary use. bz addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 1, 000 square feet. "therefore, the proposed temporary use shoztld not have any detrimental impact on neighboring proper-ties. 4. The use will not substantially diminish the use of property in the immediate vicinity. T1ze garden cetzter as proposed will have rzo impact on the use of adjacent properties. 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. Linder `s Izas been in operation for 17 years at ibis iocativn, with the City exper`ierzcing rta complaints. The prroposed garden center should not negatively impact the existing character of the vicinity. 6. The use aild property upon which the use is located are adequately served by essential public facilities and services. The proper-t_y is ctrr-rerztly ser~Jed by adequate public roadways and taecessar-y utilities. 7. Adequate measures have been or will Lie taken to minimize traffic congestion on the public streets and to provide far appropriate on-site cireulatian of traffic. The tr-a~e generated by the garden center will not significantly increase the traffic ort the public streets, and the site is large enough to handle additional interior trade. 8. The use will not cause a negative cumulative effect an other uses in the immediate vicinity. AS rTldlcatC'd by prrar" dG'Sc't'tptrOrtS, tIZC' garden i enter sltozrld rtOt hale a negCrtlL'e lrnpact (I r2 Ut1ZE'P uses irz the irrurrediate vicinity, ~-uhic:lt are ported frrr residential and comrrter-cicrl uses. 9. The use complies with ail other applicable regulations far the district in which it is located. As dete~rrnined by staff, the use corzzplies ivitlz the applicable r°egrrlcrtiorzs of the GI3, Gerrerczl BII,SIrZ['S.S ~7.5'tr"ict. - 44 - PLANNING & ZONING COI`-ZMISSION MII~TUTES PAGE 13 MARCI-~ 6, 2007 Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Questions by Members: Fiorendino asked if the deposit was ever needed or used to do clean up of the site. Sargent stated that it had never been used to his knowledge. Public Hearing was opened. No one was present to speak on this matter. Public Hearing was closed. Rlotinn by Peterson, seconded by Schmitt, that the Planning Conzrzzissiorz recorrurzends the City Council approve the Conditional Use Perrnit,for seasonal agricultural sales at 4300 C'ent~-al Avenue NE from April 15 through Jzrh~ I5, ?007, subject to certain conditions of approval that have been found to be necessary to protect the public interest crud ensure compliance with the provisions of the Zoning and Development Ordinance, including.• 1. The outcloor storage shall be located as indicated on the site plan. 2. The ~'S00 deposit shall be submitted to the Conarnunity Development Department prior to installation of the str-uctzrr-es orz the site. The deposit shall be refunded after° the Conditional Use Permit expires arzd the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining >vall for safety vehicular access. All ayes. MOTION PASSED. The following Resolution will go to the City Council March 26, 2007. RESOLUTION l'v0.2(3c~7-~i RESOLUTION APPROV~IG A CONDITIONAL USE PERMIT FOR CINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, l`~~IINNESOTA WHEREAS, a proposal (Case #2007-0301 } has been submitted by Cinder's Greenhouses, Inc. to the City Council requesting a conditional use pernlit from the City of Columbia heights at the following site: ADDRF,SS: 430(1 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. "THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Cade Section 9.110 (E}(3)(g), to allow outdoor sales ar display. WHEREAS, the Planning Colmnissian has held a public hearing as required by t11e city Zoning Code an March 6, 2007; WHEREAS, the City Council has considered the advice and recammenda~tions of the Planning Con~missian reg ar-d.ng the effect of tl.e proposed ~o,rditiol~ai ul:,a pe~~~t upof? #?}e l7eaith, Safety= and welfare E~f t17e calnlnunlty and rts Carnprehenslve Plan, as well as any concerns relatad to COtz'lpatlbility of uses, traffic, property Values, light, air, dander of fire, and risk to public safety in the sul7ai.mding areas; and -45- PLANNING & ZONING COMMISSION MINUTES PAGE 14 MARCH 6, ?007 NOrW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Hei¢hts 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. ?. The use is in harmony with the general purpose and. intent of the Comprehensive Ptan. 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 sewed. 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. 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 pern~it 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) caleiadar near after the approval date, subject to petition for renewal. of the permit. CONDITIONS ATTACHED: 7. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. CASE NUMBER: 2007-0302 APPLICANT: City of Columbia Heights 12EQUEST: Zoning Amendment to the Zoning Code as it relates to Seasonal Outdoor Sales BACKGROUND Since Seasonal Outdoor Sales applications that are received by the City are proposed by companies that have been conducting the same business in the same Iocatian for a considerable amount of time, staff is proposing an amendment to the Zoning Code eliminating the requirement far a Conditional Use Permit (CUP) for all future Seasonal Outdoor Sales activities. All f Enure Seasonal Outdoor Sales activities would be a pei-~iiitted use in the district which they are currently allowed, acid ~~~ould require a peddlcr's license tlirou~~li the Cit~r. t~%hen applying for the peddler's license, the applicant would still be subject to review front the Planning, Building and Fire Departments for conipfiance to the City Cade. -46- PLANNING & ZONING COMMISSION MINUTES PAGE 15 M~1.RCl-I 6, 20Q7 COMPREHENSIVE PLAN The proposed zoning amendment would not affect the Comprehensive Plan, as no new zoning districts would be created. FINDINGS OF FACT The City Council shall make the following 4 findines before granting approval of a request to amend the City Code. These findinQS are as follows: v a) The amendment is consistent with the comprehensive plan. Tlie amendment is consistent with the Conaprehensihe Flan because no new zoning districts la%ill be created la~ith t17~e proposed zoning amendment. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed a~nendr~7ent tivould allow for ca Better use of ti»~e.for the Planning Comi~~issiot~l cn~ld City Council. ill fztture Seasonal Sale operators would be affected. Therefore the proposed zoning amendment would slot be solely for the benefit of a single property owner. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classif catiol~ of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning mnendrnent does not change the zoning classification of a particular properly. d) Where the amendment is to change the zoning classif cation of a particular property, there has been a change in the character or trend of development in the general area of the property 111 tltieSt1U11, vJlll~il lies taken place since such propel-t~yr was placed In its cul-rert zoning classification. The zoning amendment does not change the zoning classrfrcutio~z of a particular propey7y. City Staff reconmlends that the Plallrling and Lonillg Conllllissian reconunend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Phis ordinance amendment would allow for seasonal outdoor sales to be a permitted use in the districts in which they are currently allowed. The requirement for a Conditional Use Permit for such activity would be abolished. Questions b~nlembers: Fiorendialo wanted to make sure the requirements aren't changing in any way, just the process of approval. Sargent confirmed that it would still go through the same departmental cheeks and that the businesses will pay a license fee each year rather tllall going through the conditional use permit process. Public Hearing was opened. i1Cr vile waS presen$ tG spear. vii thiJ. Put~tic Hearin« was closed -47- PLANNING & ZONIiv'G COMMISSION MINUTES PAGE 16 MARCH 6, 2007 Motion by Fiorendino, seconded by Schmitt, that the Planning Corzzznissiorz recorzzrnends the City Coztncil approve the text arnendrrzents as outlined in the attached draft ordinance. All ayes. MOTION PASSED. OR.DiNANCE NO. ~YXY BEING AN ORDINANCE AMENDING ORDIN.4NC'E NO. 1=190, CITY CODE OF 2005 RELATING TO THE GB, GENERAL BUSINESS AND CBD, CENTRAL BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chaptex 9, Article 1, Section 4.103 of the Columbia Heights City Code, is proposed to include the following additions and deietions. 9.103 DEFINITIONS. For the purpose of this article, the following defzzitiorzs slzall apply unless the eantext clearly indicates or° requires a d~ererzt meaning. OUTDOOR SALES AND/OR DISPLAY, SEASONAL. The sellln; or displaying of retail merclxandise outside the principal strr~ctcrre, and or7 the same lat as the principal structure. Such sales and/or display nzay be located z~ a temporary ,structure suelz as a kiosk, greeulioctse or temporary teat. E.xazrzples of nterchaudise to be sold izaclzcde agricultural products,. firex~orks, Christr~2as trees, arzd the like. Chapter 9, _4rticle I, Section 9.11 d of the Calurnbia Heights City Code, is proposed to inc°lude the following additives crrzd deletions: § 9.l 10 COMMERCIAL DISTRICTS. (E) GB, Generul Business. (2) Permitted Uses. Except as spe~ciFcaliy limited herein, the following uses are permitted within the GB, General Business District: (a) Conllnuniry Center. (b) Government office. (e) Government protective service facility. (d) Public park and/or playground. (e) Recreational facility, indoor. (f) Recreational facility, outdoor. (g) School, vocational or llusiness. !11} School, pe1-I~rminglvisuallmartial arts. (i) AuditoriLlln/piace of assembly. ~~) ALIt0111o1}Ile ConvCt11e11Ce taCIllty. (k) Automobile repair, minor. _a$_ PLANNNG & ZONING COMMISSION MTNUTES PAGE 17 MARCH 6, 2007 (I) Banquet Ha11. (m) Billiards Hall. (n} Bowling Alley. {o} Car wash. (p) Clinic, medical. or dental. (q} Clinic, veterinary. (r} Daycare facility, adult or child. (s) Financial institution. (t) Food service, convenience (fast fi~od). (u} Food service, limited (coffee shop/deli}. (v) Food service, full service (restaurant/nightclub). (w) Funeral home. (x) Greenhouse/garden center. (y) Health or fitness club. (z} Hotel/motel.. (aa)Laboratory, medical. (bb) Liquor store, off=sale. (ec)Museurn or gallery. (dd) Office. (ee)Retail sales. (ff) Service, professional. (gg) Shopping Center. (llh) Studio, professional. (ii) Studio, radio and television. (j_j) Theater, live performance. (kk) Theater, movie. (ll) Outdoors sales and/ar display, seasonal. 9.11J COIV;d!'IERCI[AI. DISTRICTS. (E} GB, Ge~rerctl Business. (;) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: {a} Government maintenance facility. (b) Arcade. (c) Automobile sales/rental, new and used. (d} Recreational vehicle sales, new or used. (e) Firearms dealer/Shooting range. (f} Hospital. (h) Outdoor stcxa,e. (i) Parking Ramp. (1} Assen~b[y, }nai~ufact•~~ring andlor processing- (k) Printing and/or publishing. (I) Consignment/Secondhand store. (m) Club or lodge. (n) Currency exchange. (o} Pawnshop. fp) Drop-in facility. 49 - PLANivIING ~. zorrlrrG co~rn~fsslo~r MINUTES PAGE 18 MARH 6, 2007 (F) CBD, Cents°al Busitaess District. (2) Perraa itted Uses. Except as specifically limited hereit7, the followir7~g uses are perl~litted Ivithirz the CBD, Cel~b~al Busi~~ess District. (a) Multiple-family residential, when located above a first floor commercial use. (b) Community center. (c) Government office. (d} Gavernmel~t protective services facility. (e) Public parks and/or playgrounds. (fj Recreational facility, indoor. (g) Recreational facility, outdoor. (h) School, vocational or business. (i) School, performing/visual/martial arts. (j} Auditorium/place of assembly. (k) Banquet hall. (1) Billiards hall. (m) BOW1171g alley. (n) Clinic, medical or dentist. (o) Clinic, veterinary. (p) Licensed day ca7•e facility, adult or child. (q} Financial institution. (r} Food service, convenience (fast food). (s) Food service, limited (coffee shop/deli). (t) .Food service, full service (restaurant/nightclub}. (u) Health or fitness center. (v) Hotel or motel. (w) Laboratory, medical. (x) Liquor store, off=sale. (y} Museum. or gallery. (z) Qffice. (aa} Retail sales. (bb) Service, professional. (cc) Studio, professional. (dd) Studio, radio or televisian. (ee) Theater, live perforn-Iance. (ff} Theater, movie. (gg) Ouidoar sates and/ar display, seasonal. (3} Conditialral Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.1 Od, Admil7istration and Enforcement, and the regulations far specific uses set forth in § 9.107, Specific Development Standards. (a) Gowenilnent ~nainte~nance facility. (b} Arcade. (c) Automobile repair, minor. (e) Outdoor storage. (f) Parking ramp. (g} Ciub orladge. Section 2: This ardirtufl~~e shall he il~ fill fnr~ce urril effect fr-orrz al7d after 30 days ~rfter° its passage. -50- PLANNING Sr ZONING COMMISSION MINUTES PAGE I9 MARCH 6, 2007 NEW BUSINESS None OTHER BUSINESS None The meeting ~~~as czdjouriaed at 8:1 ~ prn. All Ayes. Respectfully submitted, Shelley Hanson Secretary - 5i - COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: March 26, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-3 Administration APPRQVAL ' ITEM: Establish Joint Work BY: Walter R. Fehst ~ BY: ~ ; ~ ~' ~~ Session w/Fridley Apri14, 2007 DATE: March 22, 2007 ~ r~ %'!: n ~ , ~- ~' NO: DATE: ~ It is suggested to schedule a joint City Council Work Session meeting with the Fridley City Council on Wednesday, Apri14, 2007 beginning at 6:30 p.m. at the Fridley Community Center. RECOMMENDED MOTION: MOTION: Move to establish a joint City Council Work Session meeting with the Fridley City Council on Wednesday, Apri14, 2007 beginning at 6:30 p.m. at the Fridley Community Center. COUNCIL ACTION: -52- CITY COUNCIL LETTER or: Marcn lb, Luu i AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: ~ - /~ - FINANCE APPROVAL ITEM: APPROVAL OF LIQUOR STORE BY: WILLI ELRITE BY ~ '} SCHEMATIC DESIGN ~,tJ~%r-.,,~'`~ ~-~~ ! NO: DATE: March 20 2007 The municipal liquor store project is ready for City Council approval of the schematic design of the stores. Several designs were presented at the March 19`'' work session. At that meeting design option 1 appeared to be the most popular. This option was presented with two different color schemes. However, at this point it is only necessary to approve the design concept and not decide on a final color. This will enable the architects to prepare a final design and master plans for submission to the Planning and Zoning Commission for their approval. It should be noted that the attached designs are specifically for the store on 37`h Avenue. The store on 50`h and Central will follow the same design concept with slight modifications to accommodate the lot, basement, office mezzanine area, and elevator. Once the City Council has approved the design concept, Oertel Architects will finalize the design and site plans for submission to the Planning and Zoning Commission and the Gity Council. Representatives from Oertel Architects will also be at the March 26"' meeting to discuss the design and answer any questions. Attached is the proj ect schedule that was prepared by Oertel Architects and summarized in their proposal. Currently we are on schedule. However, this is a very tight schedule as it is the goal to have the store on 37`h open prior to Thanksgiving and the store on 50`h and Central open in early 2008. The current leases for both stores expire as of March 1, 2008, which makes it important to stay on schedule with the construction of the new stores. As a side note, both Larry Scott and myself have been contacted by the property manager of our current location at 4340 Central Avenue as to when we plan to vacate the store. In this conversation the property manager did indicate that he was pursuing negotiations for a large retail operation to take over the space that is currently occupied by Slumberland and Top Valu. It sounded like there was a good possibility that this space would be rented to a larger retail operation. Attached is a copy of the project schedule, the memo from the Finance Director highlighting the work session points of March 19"`, the four schematic design concepts, and a chart showing current display floor storage area sizes compared to those proposed in the new stores. If anyone would like additional information for the council meeting, please let me know. RECOMMENDED MOTION: Move to approve schematic design option 1 for the new municipal liquor stores and to authorize Oertel Architects to proceed with the design and master plan. WEams o~o3aorcouivci~. Attachments: ®~ ®-~ ®-~ ~~ Schtdu~.da 4703262CM.ddd E-maii.tla pPTIOAIi-A-I.pdP OPTSONS-B-i.pdE ppFiON2-i.pdf OPTEON3-I.pdP OP170N41.pdP staremeawremcnYS. xk Ci.i i.i i'Y CIL ACTivhT: -53- /~~ OERTEL ARCHITECTS 1795 SAINT CLAIR AVEN[JE, SAINT PAUL, MN 55105 TEL: 6Si/696-5186 Date: February 26, 2007 To: Columbia Heights staff and project team From: Jeff Oertel RE: Municipal Liquor Stares Project Memo on project schedule FAX: 651/696-5188 The fallowing memo is a List of key dates and goals for the project. Please review important notes and comments on the following page. Schedule and Timeline February 21, 2007 February 26, 2007 March 5, 2007 March 12, 2007 March 19, 2007 +/- March 26, 2007 Apri12, 2007 April 13, 2007 April 16, 2007 April 17, 2007 April 27, 2007 May 1, 2007 May 14, 2007 May 15, 2007 May 18, 2007 June 12, 2007 June 1 S, 2007 (week of) July 7, 2007 July 1 -October, 2007 October 29, 2007 October 30 -Nov. 15, 2007 November 19, 2007 December 7, 2007 +,/_ Dec. 20"v7 -Jail. 200°0 ~ l- Kick-off meeting Meeting at existing stores to review requirements Design review meeting #1 (review initial ideas and images) Design review meeting #2 (update design and layout options) Information/input session wlcouncil (special workshop meeting?) Design review meeting #3 (solidify design and master plans) Application deadline for the final design and site layout Initial /formal departmental review of final design Council workshop (final design review) Design team proceeds and develops plans based on initial input Planning and Zoning receive design package Planning and Zoning meeting (Please review comments below for this point of the schedule.} Council Meeting and City recommendation to proceed w/bidding Start to release ads for bidding Documents ready for bidding Bids due Start construction of Stare #2 Start construction of Stare #1 Weekly meetings on site, work in progress Substantial Completion of Store #2 Move-in, punch list items and set-up of Stare #2 Store #2, Cirand Opening week Substantial Completion of Store #l <r..ivSc hilt aitd final ~.`~iiipli+ti`v°n 2tc°,iiRS -54- Note that this is a very aggressive schedule and will require all of us to remain focused on the intermediate tasks at hand and ultimate goal of having stare #2 (37`}') ready for move-in by the end of October. Although we will need to consider the council's concern for alternate site uses and other concerns at the Central Avenue site, if there would be a need to reflect on the options or re- consider alternatives, this will result in a domino effect and impact the timeline above. At some point, likely in mid-May, we will have reached a critical point in the project. During the review process, we will need to assemble the set of construction documents so that we can allow for ample time to perform the construction. Frankly, we could use an extra month to prepare these documents. We plan on working overtime and working through the review process in order to achieve the desired goal of the City. We may need to re-group, at this point, if any major issues remain. The key thing is that, if move-in in early November is critical, and there is a delay in arriving at decisions, then we may want to re-think the entire schedule, as staff may not be able to move-in to Stare #2 by Thanksgiving. Finally, based on input from Larry, we can extend the completion date of Store #1. Staff maybe to busy with start-up efforts operation of Store #2. Regardless, Store #1 can be completed, as it will be cost effective for the contractor to simply complete with was started, and the store can set until ready for move-in. 3L0 2 _5~_ CITY DF COB UMBIA HEIGHTS DATE: MARCH 20, 200? TO: WALT FEHST, CITE' MANAGER FROM: WILLIAM ELRITE, FINANCE DIRECTOR RE: STATUS OF LIQUOR STORE PROJECT At this point things are progressing well. Oertel Architects has completed schematic designs for both liquor store sites. These designs were presented to the City Council at the work session on March 19`f`. Oertel Architects presented four different design concepts with one of the concepts having two versions to reflect how the change in color of the building would affect the overall appearance. Although staff and council members liked and disliked certain features of the various concepts, it appeared by consensus that concept drawing 1 had the most universal acceptance. The actual design concepts that were distributed to the council were for the store on 3'7t1i Avenue. Oertel Architects did explain that there would be slight deviations from this design for the store on 50`h and Central due to lot configurations and the significant slope to the lot. The design concept for SOa' and Central will include a basement under half of the store to be used for liquor and other storage and an elevator that will service the basement and mezzanine office area. Due to the slope of the lot it is financially feasible to include a basement under approximately one-half of the store. Utilizing the basement area for liquor storage allows us to reduce the total square footage of the stare, which will allow for more parking spaces in the lat. Although a basement is generally not the most cost-effective storage solution, in this case additional labor would be minimized as deliveries would be received directly into the basement and only transported upstairs as needed. In a normal basement situation deliveries are received on the first floor, which necessitates moving the product down to storage and then back up as needed. With this design and receiving deliveries directly at the basement level, one-half of the cost of moving merchandise to the basement would be eliminated. Another factor is that the Columbia Heights zoning and design guidelines only allow deliveries to be received at the rear of the building. If we do not include the extra expense to provide for deliveries at the rear of the store, we would need a variance to allow for side deliveries. At the work session there was also a question as to haw the new stares would compare iii square footage to the display floor, coolers, and storerooms at the current operations. Larry Scott has prepared the attached chart that shows the various dimensions of the current stores compared to the proposed stores. One of the key items is that each of the coolers would gain approximately ten feet of door space. This is desperately needed to accommodate coo}er products that we currently are not carrying due to lack of space. Although both of the proposed stores are slightly larger than the current stores, we really gain very little in usable storage or display floor space, as current codes require a large amount of space far a public restroom, a mechanical room, and a separate electrical room. In addition to this, the store on Central would lose some space to the elevator and stairway. Because we do not have final dimensions for these areas, they are not included on the chart. The final item that was discussed at the work session was Tami's concern regarding maximizing the usage of the lot an SO`~ and Central. Jeff Oertel stated that they had seriously Looked at the concept of adding other uses to the store, but due to the lot dimensions and the significant slope, it was virtually impossible to accommodate other uses. Even without other uses, the architects recommend that the size of the store be slightly downsized and include a hasement for liquor storage to provide adequate parking. Another concern was that the schematic designs look more like office buildings than retail stores. 1 feel some of this is due to the City of Columbia Heights desi~ guidelines. The one design that had arched windows and lacked a little less like an offce building may not meet our design guidelines as it does not have enough of a traditional appearance. However, 1 feel that all of the ~esigns will look like a liquor stare once we add the exterior signage, neon window signs, and include visible displays of merchandise in the windows. »> "Diane Oertel" <doertel@oertelarchitects.com> 3/21/2007 2:11 PM »> Bill, Here is an explanation of why it is difficult to provide an accessory use on the 50"' and Central stare: Given the program for the Top Valu Liquor Store, the site at 50'" and Central is not large enough to include an accessory use, such as a coffee concern. The program dictates the size of the store, which dictates the minimum number of parking spaces to be provided. The building size is also impacted by code requirements, which are more demanding now than they were when the existing stores were built. Street access and loading dock requirements, as well as the significant grade change from east to west across the site, are also factors because they limit our options for laying out the site. Taking into consideration all these factors, the site just barely accommodates Top Valu Liquor Store program requirements. At the City's request, after the meeting last Monday, Oerte! Architects took another look at fitting a coffee shop on the site. Specifically we looked at how much smaller the store would have to be in order to include a coffee shop on the site. We determined that the store would have to be approximately 3000 feet smaller and that the square footage would largely need to be taken out of the sales floor, which is the primary determinant of the number of parking spaces required. It should also be noted that substantial re-grading and a major retaining wall along the west property line would be required in order to make the accessory use work. This would translate into additional site construction costs. We hope this works for you. Let us know if you require additional information. Thanks, Diane Diane Trout-Oertel Oertel Architects 1795 Saint Clair Avenue Saint Paul, MN 55105 E-mail: doertel(a'~.oertelarchitects.com Tel: 651 /696-5186 Fax: 651 /696-5188 -57- City of Columbia Heights Approximate Measurements Current Stares Compared to New Stores Working Discussion Draft Copy - Not Exact Measurements Prepared 03/22/2007 Cents( Avenue Current New_ 1,567 1,930 Display floor & cash registers area 6,971 7,160 First Hoar storage, office, elevator, restroom, etc; 2,770 1,730 Gode required Mech & Elec rooms Not required In interior ~ 11,308 ~ 10,820 Other Space Mezzanine Office & High End Storage 2,107 2,000 Basement Storage _ 5,890 Cade required Mech & Elec roams in basement 540 37th Avenue Current New 1,752 1,930 6,219 5,340 1,719 2,395 Not required 320 9,750 9,985 63 - CITY COUNCIL LETTER Meettna of: March 16, 1UU / AGENDA SECTION: CONSENT _ ITEM: BEING A RESOLUTION TO WAIVE THE STATUTORY TORT LIABILITY NO: LIMITS ORIGINATING DEPT: FINANCE ~~~. BY: WILLIAM ELRITE DATE: March 9, 2007 CITY MANAGER APPR.~O~VAL, The City's commercial insurance policy with the League of Minnesota Cities Insurance Trust is up for renewal on June 1, 2007. It has become mandatory with. each renewal for the City Council to decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total that all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the stattitorv tort limits and does ~zot pzrr•clurse excess liability coverage, a single claimant could potentially recover up to $1,000,000 on a single occurrence. The total that all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000, regardless of the number of claimants. If the city waives the statutory tort limits and paa•chases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-36 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-36 being a resolution waiving the statutory tort Iiability limits. WE:sms 07U3091 COUNCIL Attachment: Res2007-36.pdf COUNCIL ACTION: -64- RESOLUTION N0.2007-36 BEING A RESOLUTION WAIVING THE STATUTORY TORT LIABILITY LIMITS WHEREAS, the City of Columbia Heights is a Minnesota political subdivision desiring to self- insure its property and. liability risks through participation in a joint powers arrangement known as the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, Minnesota Statute Section 471.981 permits a city to extend the coverage of its self insurance to afford protection in excess of any limitations on liability established by law; and WHEREAS, Minnesota Statute Section 471.981 provides that unless expressly provided in the ordinance or resolution extending the coverage, the statutory limitations on liability shall not be deemed to leave been waived. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby accept liability coverage limits of $1,000,000 from the League of Minnesota Cities Insurance Trust and the City waives the monetary lirnits of tart liability established by Minnesota Statute Section 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Passed this day of , 2007. Offered by: Sccuiidcd by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk RI3S2C607-36C(?t11dC`EL, -65- COLUMBIA HEIGHTS -CITY COUNCIL LETTER Donna Schmitt AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-/-i-lfl CITY MANAGER'S APPROVAL ITEM: Board/Commission BY: Walt Fehst ;. ' BY: c ,,f 'p. Appointments DATE: March 20, 2007 DATE: NO: The following Board and Commission members have expressed interest to be re-appointed to their current positions: Board or Commission Library Board Name Nancy Hoium Patricia Sowada Planning & Zoning Commission Police & Fire Civil Service Telecommunications Commission Meeting of: March 26.2007 - 3 year term - 3 year term - 4 year term Pastor David Briley -3 year term Denn15 StrOlk - 2 year teTTrl Rueben Ruen - 2 year term Robert Peltier - 2 year term The following Commission member has expressed the desire to not be re-appointed: Joseph Sturdevant -Traffic Commission MOTION: Move to re-appoint Nancy Hoium and Patricia Sowada to the Library Board for three year terms; Donna Schmitt to the Planning and Zoning Commission far a four year term; Pastor David Briley to the Police and Fire Civil Service Commission for a three year term; and Dennis Stroik, Rueben Ruen and Robert Peltier to the Telecommunications Commission for two year terms effective April 1, 2007. CO[INCIL ACTI01~1: 66 - COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting nf_ March 2h ~~l17 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: 5 ~ ~~'~ Community Development APPROVAL ' ITEM: Approval of a Conditional Use Permit for BY: Jeff Sargent, City Planner BY: ~ ~ Outdoor Sales located at 4300 Central Ave DATE: March 20 2007 F, ~~~" NE. BACKGROUND: Cinder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow for the operation of a seasonal "mini garden center" (Flower Mart) in the easterly portion of the parking lot of the Rainbow Foods, 4300 Central Avenue, from April 15, 2007 through July 15, 2007. This will be the 18th year Cinder's Greenhouses, Inc. will operate their greenhouse in Columbia Heights. Section 9.106 (G)(5) of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The attached site plan illustrates the configuration of two strictures plus a patio area in front. T11is site plan and configuration remains unchanged from previous years. A fence wilt enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six-foot doors remaining open at all tunes during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with General Business zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on March 6, 2007. They voted unanimously to recommend City Council approval of the Conditional Use Permit s3abject to the three conditions listed in the recommended motion, with a 4-0 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-34, there being ample copies available to the public. Move to adopt Resolution No. 2007-34, approving a Conditional Use Permit for outdoor sales for Cinder's Greenhouses, located at 4300 Central Avenue, subject to the conditions outlined in Resolution No. 2007-34. .~ttacF~me~~ts: UraJt Kes~lrrtio~~ ZOU7-3~: P+ZMenro; Site Plan, A liccriinn ir~fnf~nzation COUNCIL ACTION: ,-- -s7- RESOLUTION N0.2007-34 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0301) has been submitted by Linder's Greenhouses, Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E}(3}(g), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March. 6, 2007; 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, tratiic, 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 revie..~ing tl~e proposal, that the City Council accepts and adopts the following Endings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning dish°ict in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in hal7nony 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. Tl~e 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. F~. The r2se and property upon which the rose is located are adegrtately served by essential public facilities and servrces. -68- Resolution No. 2007-34 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 ccrlencr'crr•,year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Passed this day of March 200 Offered by: Seconded. by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson -69- Resolution No. 2007-34 Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -7a- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0301 DATE: March 6, 2007 TO: Columbia Heights Planning Commission APPLICANT: Cinder's Greenhouses, Inc. LOCATION: 4300 Central Avenue, Rainbow Parking Lot REQUEST: Conditional Use Permit for Seasonal Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION Cinder's Greenhouse has applied for a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. According to Section 9.106 (G}(5) of the Zoning Ordinance, seasonal agricultural safes are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from April 15th through July 15th (see attached letter). The attached site plan illustrates the configuration of two structures plus a patio area in fror'it. This site plan and configuration rer-iiaii'is unchanged frorii previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as previous years with four, six -foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the f=lower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. This will be the Cinder's 18tt' year operating a temporary greenhouse at this location in Columbia Heights. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail safes, offices and service businesses. The propose{ is consistent with the intent of the City's Comprehensive Plan. 7~ _ City of Columbia Heights Planning Commission March 6, 2007 Cinder's Greenhouse -Conditional Use Permit Case # 2007-0301 ZONING ORDINANCE The zoning classification far this property located at 4300 Central Avenue is GB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L}(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-square-foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the apposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the G8, General Business District. G. The use Is m harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Seasonal agricultural sales are allowed as conditional uses in all residential districts. 3. The use will not impose hazards or disturbing influences on neighboring properties. The closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 7,000 square feet. Therefore, the proposed temporary use should not have any detrimenfal impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adiaeent grope; ties. - z2 - Page 2 City of Columbia Heights Planning Commission March 6, 2007 Cinder's Greenhouse -Conditional Use Permit Case # 2007-0301 5. The use wilt 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. Cinder's has been in operation for 17 years at this location, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. The property is currently served by adequate public roadways and necessary utilities. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate an-site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 9. The use complies with all other applicable regulations for the district in which it is located. As determined by staff, the use complies with the applicable regulations of the GB, General Business District. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approve! outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for seasonal agricultural sales at 4300 Central Avenue It(E from April 15 through July 15, 200?, subject to (certain conditions of approval that have (been fotin4 t~.s be n4~vl.JVU y tv pr vte°vt tl ie p~t.iCili~i infer e~t and ~wnvi.~re vvmplianve ka~vriti i ti i~v 7a - Page 3 City of Columbia Heights Planning Commission March 6, 2007 Cinder's Greenhouse -Conditional Use Permit Case # 2007-0301 provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The prapased fence must be 20 feet from the retaining wall for safety vehicular access. ATTACHMENTS ^ Location Map ^ Draft Resolution ^ Letter from Cinder's ^ Agreement with Heritage Real Estate ^ Site Plan ^ Elevations -'4 - Page 4 4300 Central avenue H T ~T ~~ 1 1 1 L 4GU5 1647 4617 46413 ~ 605 ae 12 _ 4606_ p aeOT a800 5809 o t001 4600 ~10t a6p1 4600 464] 46TH 455) 5528 x568 4555 4556 4550 4557 454@ 4454 a555 455fi a~B 4559 4555 o- h 453J 4531 a524 4522 4529 4646 ,~<, 4560 4532 45A9 45n1 45]3 4546 4549 4536 4543 6537 45x8 4552 4536 4543 4544 4535 a532 5e,6 55]0 4531 <52J 4521 3513 a518 4516 CENTP.AL 4514 PLAZA 4526 4531 6522 x550 6510 4529 4521 6517 4530 aS'Z6 4520 6514 6531 5525 4519 4534 4539 4556 4539 4525 4524 4518 4518 4514 4; g515 4509 5532 4594 ~ ~ 8511 A56) tl501 4509 ip'S 4515 4509 1035 4550 550(1 a513 4501 a69fi 1116 ~ 1133 x456 4457 x456 4455 4t5A N o 1452 F, 4443 5453 i- F- v. m 4459 N 66aG M49 6436 dd]2 44 9 4145 G44i a4J3 4448 U5q JC49 M3G V3 MdT 4439 44f,0 4441 a436 U3 4445 4441 4A33 dg26 442e 4421 e4t6 Z 5431 d{2T 4A33 A414 a43p ae26 da29 n63t 6427 4421 W 44]2 4526 x420 4414 4414 4421 441) 400 ~ 4415 W p 44 tt 4614 4498 ~ dG t3 K _ 4599 4400 } en13 U 2 4404 Q .1400 ~ 5407 a4p3 Z 4404 ~ 4400 ~ 6401 40.00 MOS ~ q4p 5356 ni50 asafi a346 ° m ~^ ' axs 434} 4]37 a356 4x0 4330 4353 4]49 4347 4356 x350 4.366 a3a0 ~ - _ 4338 a3x 6326 a3I0 {312 4206 0.300 4331 4325 4321 4311 4307 4301 4326 4320 4312 4341 4336 4333 6323 1320 4311 4324 4318 4322 4311 0.312 ,V ~ 4304 A3p0 _ _. 4156 a250 ~ 4244 ~ 4242 4236 n257 5253 4249 4247 x243 5237 5250 4252 a2a8 52a4 5240 <23fi 700 5255 t- 4251 ~ 4295 4253 4239 4266 42$2 4250 1264 4242 4230 4257 4251 F to 4247 4243 4237 4232 6220 4226 4212 6216 Z 6233 4721 5225 6221 421) 4232 4230 4222 a210 4235 4223 W 4'519 4132 lZ20 6224 9220 4233 4231 4229 x221 6237 a21Z ~ a213 5200 ~ 6213 ~ 4210 ~' LZt3 (J 4209 4200 O 4251 Z L2tlG ? 4205 4260 5 4150 - 4150 4144 x136 4532 a 126 410] di5T 1153 151 6155 4161 6135 4129 7 _4200 6356 5152 4150 dia6 ata2 4132 dt3tl 4207 ~ 4157 4161 4537 4131 GIGO 4f $e M11`Z 41 B dt4a 4138 5134 41 0 ~ 4201 4 ~ 2116 4590 4106 5100 AU56 f- <Oa8 n044 4050 x039 411 n 121 di5T 4109 4505 a101 6057 4655 49L5 n0 7 4053 r,039 40]3 a124 4110 6314 x110 4104 4104 4056 40.652 an fl Gpd6 6002 a034 at25 a12< 6119 4116 at13 3112 4107 0.100 6105 4103 4102 Sp59 gOrag ~ 4C<B dM0 4064 4065 dC37 6036 9x ~ 4032 x024 ap22 4016 O np25 4028 4021 4022 a0tT 4Ct6 ao,n a031 4027 x023 W O 4 4026 {020 c >- 3 °~` Q ~ G N °' Z ap ~ c9 Z Q L_.j_L~~I 6~ ~~~ ~ Ir__1__V ~-\/ 4301 ~ ~~`$'~~~u~o~ ~ ~oI 'I Vf ~~ $ ~4~~=I ~I f ~ m~N~Nl u~ 4259 5'i $ - u ~ u ~ 1~I - 4239 - - 421l2 A.VE 4225 0.'220 Z 4221 ~ m - - H W c - .219 0.218 ~ 4217 ___ 4219 $ ~' '4 °m ~ a c (Y 213 4219 ~ 4213 4217 m m ° 4208 m 4262 0 4215 ~+ J ~ 0 1 305 Z 4207 v g 'E r u ~i a $ $ ° oo '-1 W - a200 7 a2ot gP01 ~ tL 9C0 900 ~r ~ .a ' .._~N~ ~ m c~ a11i 4110 Jam/ /'~ 10'1 n~ n br In:wa i / f F I ,4„„ ~ m ,~. /T ~ . ~ ., ~_L t3?5 v r(////~ '. lIJ1g er e0' c rye ~/ / ~.`~ ~' J;~ 131 V •~~ - - AVE f ~! 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L1! ~~ ~` t,1 ~c9 a'-3 Off' LL ~ ~ ~. __'y 4 ~ / /~ / i / / l /~' iii" ~ ~~`'~ '~ ~ --~ ' l -- ~ ~ 's +~ { ~ ~ ~-- ;~ `'~ ` ~ ~- ~- /' / ~ ~~ //,~ ~ ~ ~~~~~~~~~~ti~~~~~~~~~~ ~~~~~~~~~ \\\\\\\\\\\\\\\\\\\\\\ ~\\\\\~~/_Ii ////////////////_/lll// Off%~~ 7,T~~/7/7177TT7 i, «« ~~~~ ~~nb P~~~ TQ AND BECAME A PART p~ IN THE CENTRAL VALU N[ALL THAT CERTAIN LEASE AGREEMENT SHQPPING CENTERS a .~ wri..~ CU ~~ ~ o ,...... sr.. ~~~ ~~ t~ .~, 4) c~ EXHIBIT A ~-~~.t~I?1bI~, -~~I ~l1TS - ~~~~~~W ~r~.. ~7Q' , `~ I 1 1 %r` service y gvul- Y1a~ -- 30' Counter (2) !R-~ ~ `' .. - ~ 66' t ~ .._ __~_ !( ~ ~litS {2~ i"Ire ~~ Extii~~~ ishet~ ~'_ __ _ ~ `~___ __ _ ____._ 2Q' t ~ ~_~--` `~~ Aisles i _~_ 1 --- t .t k .~ .' i "------- --_~--~~ ~i . ~- S4' I 1 ~4 -77- j'.r, ~~ 1/ '1 1 i ~f i J ,~_~z t ._ ~~' i2' high Greenhat~se Scale: 3/32" ~ i _~$- ~; . -:! GREENHOUSES, GARDEN CENTER & FLOWER MARTS Mr. Jeff Sargent City of Columbia Heights 590 40th Ave NE. Columbia Heights, MN 55421-2800 Dear Mr. Sargent, Flower Mart Division 275 W. Wheelock Pkwy St. Paul, MN 55117 651-255-0417 Fax: (B51) 255-0444 E-mail: flowermarts@linders.com _. February 5, 2007 Attached to this letter is my application for the 2007 Cinder's Flower Mart at the Central Value Mall at 44th and Central. The season for 2007 is plaimed to be from Aprii 15 tluu July 15. We plan to start the set-up about the end of March, as we always done. The season corresponds to all the other seasons which we have been at this location. We are eager to return for our eighteenth successful year in Columbia Heights. We have developed a very loyal customer base in Columbia Heights who looks forward to our returning year after year. They always want the consistent quality that we provide as well as our excellent customer service. Cinder's considers Columbia Heights to be one of our best Flower Mart Iocations. We will be locating in the same location as we have for these past years. 1. There is no parking adjacent to the Flower Mart. We do not allow smoking and place many signs to that effect. S~~,oking is haxmf~~l to the plants. 2. There are four 6 foot doors which remain open at ail times during business hours. 3. There will be at least four fire extinguishers in the Flower Mart 4. The flammability information on the poly is in the enclosed material. If you have any questions about this application please call me. I will address any issues promptly. We feel we are an asset to this community and want to grow here to meet our customers needs. Please let me know when this item will be on the agenda for consideration. I look forward to a successful spring season in 2007 in Columbia Heights. Any questions or concerns please tail me at 612-685-7993.. Sincerely, _._._ ~- ~=- ='' Y°=°~''-~- aio Celia Division Manager -Flower Marts -79- ~'~ ~ ' c~!'' c CITY COUNCIL LETTER Meeting of: March 26, 2007 AGENDA SECTION: Consent Agenda _n - `~ ORIGINATING DEPT: Community Development CITY MANAGER APPROVAL ITEM: Adopt Resolution 2607-50, being a resolution BY: Kirsten Partenheimer BY: authorizing the City of Columbia Heights to remain a DATE: March 21, 2007 ~~ ~' participating community in the Anoka County Community Development Block Grant (CDBG) and ~~`~ <« HOME Investment Partnership Programs. ~ BACKGROUND/ANALYSIS: Community Development Block Grants (CDBG) have been a valuable source of funding for many redevelopment projects in Cohunbia Heights over the past several years. As an urban county with a population over200,000, Anoka County is considered an entitlement community and, therefore, receives directly from HUD a portion ofthe federal CDBG dollars to award to cities and. social service providers within Anoka County. Grant recipients use CDBG funding to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. As an entitlement community, Anoka County -nust complete an "urban requalification" process every three years, and it is currently preparing for program years 2008 through 2010. Completing the process allows Anoka County to continue receiving and administering funds for the CDBG and hIOME programs. As part of this process, Columbia Heights and other Anoka County cities must choose to remain in the Anoka County "Urban County" qualification for the next three funding years if they want to receive funding. RECOMIVIENDATION: Staff recommends authorizing the City of Columbia Heights to remain a participating community in the Anoka County Community Development Block Grant (CDBG} and Home Investment Partnership Programs, and to authorize the Mayor and City Manager to enter into an agreement for the same. RECOMMENDED MOTIONS: Move to waive the reading of resolution 2007-50, there being ample copies available to the public. Move to Adopt Resolution 2007-50, being a resolution authorizing the City of Columbia Heights to remain a participating community in the Anoka County Community Development Block Grant (CDBG) and Home Investment Partnership Programs, and to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: ,/ ~ -so- RESOLUTION N0.2007-50 A RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATIVE AGREEMENT FOR ANOKA COUNTY WHEREAS, Anoka County has been classified as Urban County eligible to receive Community Development Block Grant Funds and HOME Investment Partnership funds through the Department of Housing and Urban Development; and WHEREAS, each community in Anoka County has the option to opt in or out of the Anoka County CDBG program; and WHEREAS, each community who opts in must enter into a Cooperation Agreement every three years to continue to be included in the Urban County; and, WHEREAS, by opting into the Anoka County and authorizing the Cooperation Agreement, the City of Columbia Heights will be eligible to apply for CDBG and HOME funds through the County; and, WHEREAS, the City of Columbia Heights has elected to opt in since Anoka County became an Urban County; NOW, THEREFORE, BE IT RESOLVED, that the Columbia Heights City Council authorize the Mayor and the City Manager to execute the Anoka County Community Development Block Grant and HOME Investment Partnership Program Cooperative Agreement. Passed this _ day of , 2007 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -81 - ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT and HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATION AGREEMENT THIS AGREEMENT is made and entered into under the requirements of the federal Camn2unity Development Flock Grant (CDBG} program anal HOME Investment Partnership Program by and between the COUNTY OF ANOI~1, State of Minnesota, hereinafter referred to as "COUNTY" and the CITY/TOV~'NSHIP of Columbia Heights hereinafter referred to as '`COOPERATING COMMUNITY", said parties to t12is Agreement each being goven2mental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59. WITNESSETH: WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, provides for aprogram of col2u-i2unity development block grants, as implemented by Part 570, Title 24, Code of Federal Regulations, governing the applicability and use of funds under Title I; and V WHEREAS, Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, and as amended provides for a program kl2own as the HOME Investment Partnership program. Part 92 of Title 24 of the Code of Federal Regulations sets forth regulations governing the applicability and use of funds under Title II; and WHEREAS, Anoka County, Minnesota qualifies under said law as a12 "urban county" eligible to receive community development block grants funds; and :3~~-IEP.AS, the i:L~ilil2ty'S pt3piliatioil, amOl2g Other faCiUrs, IS (ietei'i22il2arit of the eligibilit'y' of rile County and the an2ount of resources which may be made available to the Coin2ty to undertake activities under the afore-referenced law: al7d WHEREAS, Sectiol2 24 C.FR 570.307, titled "urban counties" provides that computation of the County's population may inchide persons residing in "unincorporated areas" and in "its included parts of general local government with which it has entered into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to conuliur2ity development block grants''; and WHEREAS, it is in the interest of the Cooperating Cainmunity, to have its population counted together ~~-it12 other n2ullicipafities of Anoka County who similarly agree; 1`.~~W, "I'HEREFOI2E, in consideration of mutual covenants and pror22ises contained. in this Agreement, tl2e parties r22tltually agree to tl2e following terms and conditions. 1- aZ - SECTION L DEFINITIONS For the purpose of this Agreement, the terns defined in this section have the meanings given to them: A. "The Act" means the Housing and Community Development Act of 1974, Title I, of Public Law 93-383, as amended (42 USC 5301 et seq.) B. "Regulations" means the n~les and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part X70. C. "HUD" means the United States Department of Housing and Urban Development D. "Cooperating Connl~unity" means any city or township in Anoka County, which has entered into a cooperation agreement, which is identical to this Agreement. E. ``CDBG Program" means federal program instituted under 42 U.S.G. 5301, et seq. as amended. F. "HOME Investment Partnership Program" means the federal prograan instituted tinder Title II of the Cranston-Gonzales National Affordable Housing Act, 42 U.S.C. 12701 et seq. as amended The definitions contained in 42 LT.S.C. 5302 df the Act and 24 CFR 570.3 of the Regulations are incorporated herein by reference and made a part hereof. SECTION II. PURPOSE Ti`~e Cooperating Cozrnnunity and the County have deteinzined that it is desirable and in the interests of its citizens that the County qualifies as an urban county within the previsions of the Act. This Agreement contemplates that identical agreements will be executed. between the County and other cities and townships within the County, thus enabling the County to qualify under the Aet. The purpose of this Agreement is to authorize the County to participate with the Cooperating Community in undertaking. or to assist in undertaking, essential. conununity development and. housing assistance activities pursuant to the CDBG Entitlement Program and the H011~1E Investment Partnership Program. SECTION II.I. TERPvI OF AGREEEMNT This Agreement shall be uz el:fect upon execution and tern7inata no sooner than the end of the third program year cavemd by the application for the basic grant amount and approved after the effective date. This Agreement shall be effective for th.c federal fiscal years 20t}8 through 2(110. ~-83- This Agreement shall renew automatically for subsequent three-year program periods, unless written notice of termination. to be effective at the end of the current three-year program period is given by the Cooperating Community to the County following the same schedule as the opt-out notification requirements as established by HUD. A copy of all notices must be sent to the HUD Field Office. Since this Agreement has an automatic renewal provision, the County shall, prior to the "opt-out" date, provide written notification to the Cooperating Community of the community's rights under this "opt-out" provision. The County shall have the right to "opt-out" of future renewal of the Agreement. The parties aaree that this Agreement tivill remain in effect until CDBG and HOME Investment Partnership Program funds and program income received. for activities carried out during the three-year qualification period (and any successive periods under the automatic renewal. provision) are expended and the funded activities completed, and that the County and Cooperating Community cannot terminate or withdraw from this Agreement during this period. Notwithstanding any other provision of this Agreement, this Agreement shall be terminated at the end of any program year during which HUD withdraws its designation of Anoka County as an urban county under the Act. SECTION Its. ~iiETHC}D The Cooperating Community and Cvtmty hereby agree that it will cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The County shall prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for basic grant amount under the CDBG and HOME Investment Partnership Program requirements. In making the application, the County shall address the goals and needs of Cotmty as developed in meetings between the Community, its citizens and the County, and also addressing the Act and other relevant Minnesota and/or federal. statutes and regulations. The parties agree to cooperate fully in establishing priorities and in preparation of the application for a basic {Jrant amount. The Cooperating Community and the County agree that the County shall establish a reasonable time schedule for the development of the grant application. It is atZticipated by the parties that the party ultimately implementing a project funded by monies received from the grant may be either the Cooperating ConmZUnity or the County. The determination of which party will implement the project will be made by the parties after consideration of the nature and scope of the project, and the ability of each parry to undertake the project, though it is understood by the Cooperating Community that the County shall have final responsibility for selecting projects and filing annual grant requests. The County is hereby authorized to distribute to the Cooperating Cotnlnunity such funds as are determined appropriate for tlae C'otmtnunity to use in itmplementin~ a project and tl~e County is hereby authorized to ut~dcr-talce projects within the Cooperating Community as are determined appropriate for the County to undertake. T UV SECTION V. SPECIAL PROVISIONS A_ Nothing in this Agreement is intended to prevent or otherwise modify or abrogate the right of the Cooperating Coln2nunity or the County to submit individual applications for discretionary funds in the event County does not receive designation as air urbalz county entity under the Act. B. The Cooperating Conm~unity and the County mutually agree to indenu~ify and hold harmless each other from any claims, Losses, costs, expenses, or damages resulting from the acts of omissions of their respective officers, agents, and employees relating to activities conducted by either under this Agreement, the Act or the Regulations. Co In the event that there is a revision of the Act and/or Regulation which would make this Agreement out of compliance with the Act or Regulations, both parties will review this Agreement and renegotiate those items necessary to bring the Agreement into compliance. D, All funds received by the County under the Act shall be deposited in the County treasury. E. The Cooperating Community and the County shall maintain financial and ather zecords a11d accounts in accordance with requirements of the Act and Regulations. Such records and accounts will be in such form as to permit reports required of the County to be prepared therefrom and to pern~it the tracing of grant funds aild program income to final expenditure. F. The Cooperating Community and the County agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than (5) five years from the date of comphetion of any activity funded under fhe Act or less thali (5} five years from the last receipt of program income resulting from activity implementation. The County shall perform all audits of the basic grant amounts and resulting program income as required under the Act and Regulation. G. The county, as the CDBG grant recipient, either for the urban county or a joint recipient (Metropolitan City/LTrban County Joint Recipients} has full responsibility for the execution of the community development pro~Tram, for following its Consolidated Plan, and for meeting the requirements of other applicable laws (e.g., National Environmental Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Sectio~~ 504 of the Rehabilitation Act of 1973, Se.etion I09 of Title I of the Housing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and far affirmatively furthering fair housing). The Counties responsibilities must include these fiulctions even whexe, as a matter of administrative convenience or State law, the county permits the participation units of general Ioe~al government to carry out essential community development and housing assistance activities. The co~ulty will be Ii~Id $rrn~~ntablr fn7- the ascot„pishi„ent oftl~e c~o~~~a~zsinity cievelopme~it progr~nl, f~~r -$5- following the Consolidated Plan, and for ensuring that actions necessary for such accomplishments are taken by cooperating units of general local government. H. The parties agree to take all actions necessary to assure compliance with. the urban county's certification required by section 104(b) of Title 1 of the Housing anal Community Development Act of 1974, as amended including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title 1 of the Housing and Community Development Act of 1974, and other applicable Laws. The agreement also prohibits urban county funding for activities in, or in support of; any cooperating unit of general local governmZent that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's action to comply with the county's fair housing certification. This provision is required because noncompliance by a unit of general local government included in an urban county may constitute noncompliance by the grantee (i.e., the entire urban county) that can, in turn, provide cause for funding sanctions or other remedial actions by the department. I. The parties further agree that pursuant to 24 CFR 570.501 (b), the Cooperating Community is subject to the same requirements applicable to subrecipients, including a written agreement as set forth in 24 CFR 570.503. Such agreements are only entered into when a Cooperating Community chooses to propose a project and actually will receive funds from the County's entitlement allocation. J. The parties fiirther agree that the cooperating Community has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights den-nonstrations within jurisdictions, K. The Cooperating Conununity acknowledges that by executing this Agreement it may not apply for grants from appropriations under the Small Cities or State Conmzunity Development Block Grant Programs for fiscal years during the period in which it participates in the County's CDBG Program. The Cooperating Community further acknowledges that during the period in which it participates in the Co~ulty's CDBG Progranl it may only participate in the HOME Program (24 USC 12701 et seq. and regulations promulgated thereto} through the County and is precluded from fornling a HOME Consortium far participation in the HOME Program, except through the County. 86 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed. COU~1vTY OF ANOKA CITY/TOWNSHIP OF Columbia Heights STATE OF MINNESOTA STATE OF MINNESOTA Dennis D. Berg, Chair, Anoka County Board of Commissioners Terry L. Johnson, Anoka County Administrator APPROVED AS TO FOPu'VI AND EXECUTION Anthony C. Palumbo, Assistant Anoka County Attorney ~y: Its: Date: By: Its: Date: Date I hereby certify that the provisions of this agreement are fully authorized under state al~d local law and that the agreement provides full legal authority of the County. Anthony C. Palzunbo Assistant Anoka County Atton~ey. x_87_ CITY COUNCIL LETTER Meeting of: 3/26/07 AGENDA SECTION: CONSENT AGENDA ITEM: RESOLUTION NO 2007-45 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2007 STREET REHABILITATION PROJECT ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hanse DATE: 3/22/ CITY MANAGER BY: ~./ DAT• Background: A Public Improvement Hearing for the 2007 Street Rehabilitation Projects Zones 2 and 3 in was held on Marcli 19, 2007. The City Council ordered improvements for Full Street Reconstruction on Ulysses Street, Johnson Street to Cul-de-sac, Partial Street Reconstruction on Tyler Street, 4151 to 42"d Avenues, Polk Street, 415' to 42"d Avenues, Hayes Street, 37`h to 415` Avenues, Cleveland Street, 39`x' to 40`'' Avenues and 415` to 42"d Avenues, McKinley Street, 39%z to 40`h Avenues and Fairway Drive, 49`h Avenue to Fairway Drive and Mill and Overlay on Polk Street, 42"d Avenue to Arthur Street, 39`h Avenue, Cleveland to McKinley Streets, 39'/z Avenue, Cleveland to McKinley Streets and Tyler Street, 49~' to 50`h Avenues. Analysis/Conclusions: The proposed water main replacement, sanitary and storni sewer consduction remain essentially unchanged from the work presented at the Public Improvement Hearing. Water main will be replaced on Ulysses Street and Fairway Drive. Work on the sanitary sewer main includes pipe and manhole repairs. Storm sewer work includes the replacement of several catch basins and new storm sewer on sections of Cleveland Street. The proposed funding for this work is as follows: Sanitary Sewer Construction Fund $125,000 Water Construction Fund $200,000 Storm Sewer Construction Fund $ 50,000 Final plans and specifications for the Street Rehabilitation Improvements, including utilities, are complete. The bid opening is scheduled for May 22, 2007 with City Council award on May 29, 2007. Recommended Motion: Move to waive the reading of Resolution No. 2007-45, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2007-45 approving Plans and Specifications and ordering Advertisement for Bids for 2007 Street Rehabilitation, Zone 7, City Project Number 0702. Attachment: Resolution 2007-45 COUNCIL ACTION: -sa- RESOLUTION 2007-45 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, CITY PROJECT 0702 WHEREAS, pursuant to a resolution passed by the Council on March 19, 2007, the City Engineer has prepared plans and specifications for the Ful! Street Reconstruction on Ulysses Street (Johnson Street to Cul-de-sac); Partial Street Reconstruction on Tyler Street (415` to 42"d Avenues), Polk Street (415` to 42"d Avenues), Hayes Street (37`~ to 4151 Avenues}, Cleveland Street (39`h to 40`~ Avenues and 4151 to 42"`~ Avenues), McKinley Street (39'/z to 40`" Avenues} and Fairway Drive, 49t1i Avenue to Fairway Drive; and Mill and Overlay on Polk Street (42"`' Avenue to Arthur Street}, 39`h Avenue (Cleveland to McKinley Streets}, 39'/z Avenue (Cleveland to McKinley Streets), and Tyler Street (49°i to 50`h Avenues); NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TI-IE CITY OF COLUMBIA HEIGHTS, MINNESOTA: I . Such plans and specifications identified as 2007 Street Rehabilitation, "Cones 2 and 3, City Project Number 0702 are hereby approved. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, May 22, 2007 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Tuesday, May 29, 2007 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. Adopted by the Council this 26`" day of March, 2007. Offered by: Seconded by: Roll CaIL• CITY OF COLUMBIA HEIGHTS Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk -as- CITY COUNCIL LETTER Meeting of: 3/26(07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ~ - ~ _ p PUBLIC WORKS } ITEM: RESOLUTION 2007-4f llECLARING THE BY: Kevin Hanse BY: ~- INTENT TO BOND FOR ZONE 2 AND 3 STREET DATE : 3/22/07 DAT ~ REHABILITATION PROJECT, CITY PROJECT 0702 Background: Plans and specifications have been completed by staff and are ready to be submitted to MnDOT for review and approval for funding. To provide adequate project funding, it is anticipated that bonding will be utilized to cover projects over a 3-year cycle. Bonds have been utilized to provide project funding on a 3 to 4 year cycle. fonds have sold most recently in 1999, 2003 and 2006. Analysis/Conclusions: Currently, cash available to fund the construction from city inter-fund loans is limited. For this reason, there is the potential for bonding for the 2007 Street Rehabilitation Program. Combining this with the fact that bonding rates are at their lowest point in years makes bonding a very viable financing option. To keep the potential. bonding alternative open, a resolution declaring the intent to bond should be approved by the Council. This was done for the Zone 3, 4, 5, 6, 7 and 1 Street Rehabilitation construction. It should be noted that the resolution does not commit the City to bonding or the dollar amount stated, but keeps the option for bonding open in the future, up to the dollar amount specified. Recommended Motion: Move to waive the reading of Resolution No.2007-46, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2007-46, being a resolution approving the declaration for the official intent of the Ciry of Columbia Heights to Bond for Zone 2 and 3 Street Rehabilitation Project, City Project 0702. KH:jb Attach,-nents: Resolution 2007-46 COUNCIL ACTION: -90- RESOLUTION NO. 2007-46 DECLARING `1'HE OFFICIAL IN"PENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project #0702 consisting of Zones 2 and 3 Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $1,500,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. Dated the 2~`h day of March, 200? Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk _ g1 CITY COUNCIL LETTER Meeting of: 3J26/07 AGENDA SECTION: CONSENT AGL•NDA ORIGINATING DEPARTiVIENT: CITY Lti1ANAGER NO: -~{ - ~ PUBLIC WORKS ITEM: RESOLUTION 2007-47 REQUESTING MSAS BY: K. Hansen1-„~`y~„Ts' BY:r` ~r /~ CONSTRUCTION FUNDS FOR OTHER LOCAL DATE: 3/22107 ~;O" D ~ ` I ~~~ TRANSPORTATION USES ~` •~-~ Background: In 1949, the Commissioner of Transportation declared the City's MSA System complete. This allows the City to utilize the population apportionment of the annual construction allotment for local street construction. These funds are intended to supplement the infrastructure fund for the annual Street Rehabilitation Program. Analysis/Conclusions: MnDOT requires a resolution requesting funds for other local uses to be approved annually after the State-Aid system is declared complete. The attached resolution is in a form recommended by MnDOT to obtain MSAS funds that will supplement the City's infrastructure fund for street rehabilitation projects. The City typically requests $270,000 (or the maximum amount available). Currently, this amount is sufficient to supplement the infrastructure fund and still provide resources for other construction projects. Recommended Motion: Move to waive the reading of Resolution No. 2007-47, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2007-47 requesting Municipal State Aid System construction funds for other local transportation uses. Attachment: Resolution 2007-47 COUNCIL ACTION: 92 - RESOLUTION No. 2007-47 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MBAs) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.54 MSAS miles are currently authorized, and WHEREAS, 11.54 MSAS streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 47.08 municipal streets that require maintenance and upgrade, and WHEREAS, the majarity of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and additiona] strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: the City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and rehabilitation of City municipal streets, to wit: Ulysses Street (Johnson Street to Cul-de-sac) Tyler Street (4151 to 42"d Avenues) Polk Street (41s` Avenue to Arthur Street Hayes Street (37`" to 4151 Avenues) Cleveland Street (39`" to 40`" Avenues} 39`" Avenue (Cleveland to McKinley Street) 39 I/2 Avenue (Cleveland to McKinley Streets McKinley Street (39 1/2 to 40`" Avenues) Fairway Drive (49`" Avenue to Fairway Drive) Tyler Street (49`" to 50`" Avenues) Dated this 26`" day of March, 2007. Of'f'ered by: Seconded bv: Roll Call: CITY CIF COLUM131A IIEIGEITS BY Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk -93- CITY COUNCIL LETTER Meeting of: 3/26/07 AGENllA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~-~_~ Z PUBLIC WORKS ,~/~ ITEM: ADOPT RESOLUTION 2007-48 AWARDING BY: K. Hansen ~~ BY: ~'/ ''~ STREET STRIPING AND RESOLUTION 2007-49 DATE: 3/22/0~~=---~ D ~' AWARDING SEAL COAT ~~ ~~'~~ Background: City Council authorized staff to enter a Joint Powers Agreement (JPA) with the Cities of Coon Rapids, Andover, Brooklyn Center, Columbia heights, Fridley, and Ham Lake to seek bids for Street Maintenance, including seal coat, crack sealing and street striping. For Columbia Heights, seal coating is an annual maintenance project to help preserve the integrity and extend the life of the birirminous streets. Plans and specifications for the street maintenance project were advertised for bids in the Coon Rapids Herald on February 9`'' and 16`h, 2007 and in the Construction Bulletin on February 12`'' and 19`'', 2007. Bids were received and publicly read aloud at the March 2, 2007 bid opening. A copy of the bid tabulation is attached. STREET STRIPING Company AAA Striping Traffic Marking Service United Highway Technologies Bergman Companies Amount $ 57,022.00 $ 58,984.00 $ 63,608.00 $ 68,012.50 SEAL COAT Company Allied Blacktop Company Asphalt Surface Technologies Pearson Brothers Base Bid Amount Alternate Bid Amount (Trap Rock) Granite $ 983,774.22 $ 935,599.82 $ 1,234,505.10 $ 1,223,141.10 $ 1,247,020.89 $ 1,101,381.41 Anaii~'SiS/1..f3nC{i7SiOnS: STREET STRIPING: The JPA low bid was submitted by AAA Striping of Rogers, Minnesota in the amount of $57,022.00 (total for al( cities). Funds are budgeted for this project in State Aid Maintenance ($4,000} and the General Fund -Traffic Signs and Signals ($825}. SEAL COAT: The JPA low bid was submitted by Allied Blacktop of Maple Grove, Minnesota, in the amount of $983,774.22 (total for all cities) for Trap Rock, with an alternate bid of $935,599.82 (total for all cities) for Granite cover aggregate. Public Works recommends accepting up to the base bid amount. From bid prices in 2006, the cost of the trap rock aggregate increased $3.10 per ton to $42.60 and granite aggregate increased $2.35 per ton to $38.00. The cost of the asphalt emulsion increased $0.73 pec gallon to $1.88. COUNCIL ACTION: -94- CITY COUNCIL LETTER Meeting of: 3/26/07 AGENDA SECTION: CONSENT AGENDA NO: ITEM: ADOPT RESOLUTION 2007-48 AWARDING STREET STRIPING AND RESOLUTION 2007-49 AWARDING SEAL COAT ORIGINATING DEPARTMENT: ~ CITY MANAGER PUBLIC WORKS BY: K. Hansen BY: DATE: 3/22/07 DATE: Continued -Page 2 Recommended Motion: Move to waive the reading of Resolution No.2007-48, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2007-48, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2007 Street Striping Project to AAA Striping, based upon their low, qualified, responsible bid in the amount of $16.84 per gallon with an estimated cost of $1,060.00 to be appropriated from Fund 212-43190- 4000 and $325.00 to be appropriated from Fund 101-43170-4000. Recommended Motion: Move to waive the reading of Resolution No. 2007-49, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2007-49, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2007 Seal Coat Project to Allied Blacktop Company, based upon their low, qualited, responsible bid in the amount of $1.88 per gallon of emulsion and up to $42.60 per ton of aggregate with an estimated cost of $47,870.00 to be appropriated from Fund 415-50701-5130. KH:jb Attachment: Bid Tabulation Resolutions COUNCIL ACTION: -95- RESOLUTION NO. 2007-48 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2007 STREET MAINTENANCE, STRIPING PROJECT T 0 AAA STRIPING WHEREAS, the City Cauncil of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2007 Street Striping, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount AAA Striping $ 57,022.00 Traffic Marking Service $ 58,984.00 United Highway Technologies $ 63,608.00 Bergman Companies $ 68,012.50 WHEREAS, it appears that AAA Striping of Rogers, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The City of Coon Rapids is hereby authorized to enter into a contract with AAA Striping on behalf of the City of Cohunbia Heights for 2007 Street Striping, according to the specifications for said rprn;P~.t and accepting Traf_f,_o Markings Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Street Striping Project shall be funded with 85% State Aid maintenance funds and 15% general funds. Dated this 26`h day of March, 2007. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Mayor, Gary Peterson Patr14J4Y 3Y1~UJ{..a V~1 LL.. Dep Uty l~ii~I i.~1vYi -96- RESOLUTION N0.2007-49 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2007 STREET MAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2007 Street Maintenance, Seal Coating bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid Amount Alternate Bid Amount Company Allied Blacktop Company Asphalt Surface Technologies Pearson Brothers (Tra~Rock) Granite $ 983,774.22 $ 935,599.82 $ 1,234,505.10 $ 1,223,141.10 $ 1,247,020.89 $ 1,101,381.41 WHEREAS, it appears that Allied Blacktop of Maple Grove, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2007 Street Maintenance Seal Coating, according to the specifications for said project. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Project shall be funded 100% by assessments. Dated this 26`" day of March, 200"l. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGI-ITS By: Mayor, Gary Peterson Patricia Musc.ovitz, Deputy City Clerk -97- CITY OF COON RAPIDS TABULATION OF BIDS BID pPENING MARCH 2 2007 1000 A.M PROJECT 07-5 200712008 STREET MAINTENANCE MATIS ANDOVER, BROOItLYN CENTER, COLUMBIA HEIGHTS, COON RAPIDS, HAM LAKE, ANO FRIDLEY 03!02107 ~- PROPOSAL ITEMS, aUJEDIH WGFTOP ~ ATECHNOLOGIESE TRAFFIC MARKING UNITED RENTAH ~'--~ SERVICE HIGHWAY TEC BERGM N COMPA IES N0. DESCRIPTION UNIT OTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 3ID SCHEDULE NO. 1 ---- ----- ---- 1 AGGREGATE FOR SEAL COAT j ___ DRESSER TRAP ROCK __~ `_~ ___ _, _ _ _ FURNISHIMSTALI FA-2AGGREGATE TON 10364 42.60 441506.4 _._85.00 __673660.0 __ 63.45 657595.8 - ~ _ - - - ,I FURNISH/INSTALL FA3 AGGREGATE TON 7000 38.00 36,000.0 65.00 85000. 59.00 59000.0 TOTAL DRESSER TRAP ROCK 479 506.4 _ 738 660.0 716,595.8 ALTERNATE • GRANITE - -- _ FURNISH/IN5T.4LL FAd AGGREGATE TON 10364 38.00 393 832.0 64.00 863 298.0 49.88 b 118 958.3 _ FURNISH/INSTALL FA•3 AGGREGATE TON 7000 37.50 37,500.0 84.00 6400,_0.0 54.00 54000.0 TOTAL GRANITE T T~ 437 3320 - 727,296.0 570 956.3 _ ---- - 2 SEAL COAT OIL --- - __._ FURNISH/INSTALL CRS-2 SEAL COAT OIL GAl 20882 1.89 392303.3 1.80 375809.8 1.92 400850.2 --~ _ FURNISHIIN5T.4LL_CRS_2P POLYMER MOD GAL 48858 2.22 tOB 020.7 2.25 109480.5 2.45 119212.1 TOTAL SEAL_COAT Oll ____ _ __ _ 500 324.1 485 090.1 519 862. ~ - ~~ ~ '~~~ 3 COVERING MARKINGS ~ ,. FURNISH/INSTALL SCHOOL CROSSING EA _3 _ 250.Q0 750.00 1000.00 -y.3.000.0- 450.00 x350.0 I'-' ----------------- ---- .-_ _ NRN15H/INSTALL XWALK PANEL 3' X_6~ EA _ 7 90.00 630.00 _ 100A0 _-_ _ 700.0 _ 500.00 ___ 3,500.0._ ___ - ~~ ~ _ __ _. FURNISH/INSTALL 4" liNE - SOLID,__ LF 1223 1.00 1 223.0 3.00 3,669.0 2.25 2 751.75 __ FURNISHfINSTALL 4" LINE - SKIP,_.__ LF 582 L10 818.20 3.00 - 1 886.0 3.00 1 88,. 8.0_ ~~ ~ ___ FURNISH/INSTALL SIGNS "LOOSE ROCK EA__ _ 17 42.50 _ 722.50 100.00 _ 1.700.0 75.00 1 275.0 TOTAL COV6RINlG MARKINGS _ ___ __ _ __ _ ___ ___ 3 943.7 1D 755.0 1D 562.7 1=~- ----------- -----_ TOTAL BID ~CHEDU~E NO. iSBASE BIDZ_ --- ------ -- - ;:188 774'-~22 --- ,___.__ - 7`234,505.1 ----- ---- 1 247 020.8 --- -- ---- - ---- --- -- ----- ~ TOTAL BID SCHEDULE NO. 1 ALTERNATEj_ _ _ ~ :"935'598''82 7 223,741.1 7 101,387,41 _.._ ~ - - BID SCHEDULE NO. 2 -- ---- - -- -- - 1 FURNISHIINSTALL_STREET MARKINGS GAl 2050 -_ T18.84 34522.0 14.98 30,709.0 17.54 35957.0 18.25 37412.5 ~ 2 FURNISHIINSTALI SYMBOL MARKINGS GAL 300 _ 75.00 22500A 94.25 26275.0 92.17 27857.0 102.00 30600.0 __ TOTAL BID SCHEDULE N0. 2 ___~__ ..T___. `_._..-~.. a_ ~-~-~~~--~-- -56 984.0 ~- --63 608.0 ~-~--- ~~^~88 012.5 BID SCHEDULE NO. 3 _ ~ 1 _ PROVIDE_SF RING SVvEEPING_~ ____ HRS _ 260 79.00 22 120.0 ~ 95.00 28.600. 73.00 2 ,0 440.0 '-- -- - _ _ ~ _ - 2 PROVIDE FALL SWEEPING HRS 320 79.00 25 280.0 95.00 30.400.0 70.00 22 400.0 TOTAL BID SCHEDULE N0. 3 47 400.0 57 000.0 -98- _...~,na Q3102l07 _99- CITY COUNCIL LETTER Meeting of: 3/26/07 AGENDA SECTION: CONSENT AGENDA NO: 5- ~~-1 ITEM: ADOPT RESOLUTION 2007-51 ACCEPTING THE FEASIBILITY REPORT FOR ZONE 7 STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. a7o1 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hanse DATE: 3/22/0 CITY MANAGER ~•, BY: DATE: ~/~' (~ Background: Staff has developed preliminary plans and prepared a Feasibility Report far Zone 7 of the Seal Coat Program. The Zone 7 area is bounded by Main Street on the west, 37~' Avenue on the south, Central Avenue on the east, and 4S"' Avenue on the north. Zane 7 streets not included in the 2004 (Zone 7A) or 2006 (Zone 7B) Street Rehabilitation program will be seal coated. Analysis/Conclusions: The seal coat program helps preserve and maintain existing bituminous streets in good driving condition, Particular issues are summarized below: 1. Assessment Methodology: "I'he Seal Coating project will be assessed on a Street and Avenue parcel basis. Avenue assessments are `/3 of the street rate extending''/z block in either direction of the Avenue. This assumes that all parcels benetit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $25&.00 per Street parcel and $&6 per Avenue parcel. 2. Financing: The estimated construction cost is $104,000. Seal coating of streets is 100% assessed. 3. Meeting dates: Staff is recommending the public improvement hearing be scheduled before the regular Council meeting on Apri123, 2007 I'he bidding process ~:rili be handled by the Cit}~ of Coon Rapids as part of a mini-City .IFA fer various strut maintenaizce activities. Recommended Motion: Move to waive the reading of Resolution No. 2007-51, there being ample copies available to the public Recommended Motion: Move to adopt Resolution No. 2007-51, being a Resolution accepting the Feasibility Report for Zone ?, City Project 0701, and calling for the Public Improvement Hearing beginning at 6:30 p.m. on April 23, 2007. KH:jb Attachment: Resolution Propvscd area map Feasibility Report COUNCIL ACTION: -t00- RESOLUTION NO. 2007-51 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 7 STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO.0701 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2007-51, a report has been pcepared by the Director of Public Works with reference to the Zone 7 area of the Street Rehabilitation Program, and WHEREAS, Zone 7 is bounded by Central Avenue on the east, 40`h Avenue (east of University) and 45t1i Avenue (west of University) nn the north, 37`h Avenue on the south and Main Street on the west, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on March 26, 2007. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA I. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $104,000. 2. A public hearing shall be held on such proposed improvement on the 23`d day of April 2007, in the City Council Chambers at 590 40`" Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Dated this 26`x' day of March, 2007. Offered by: Seconded by: Rol( Call: CITY OF CnL,UMBIA HEIGHTS BY Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk -Tot - City of Columbia Heights FEASIBILITY REPORT FOR 2007 STREET REHABILITATION SEAL COAT IMPROVEMENTS CITY PROJECT 0701 arch, 2007 ~,~1~! C.rll'~~~1~INC~~J~f'.f~ l{ 11~~1V 1 637 38''' Avenue NE, Colun~biu .~Ieigbtsf MN 55421 763-706-3700 .,. 763-706-3701 (~'ax,} -103- BITUMINOUS SEAL COAT IMPROVEMENTS ZONE 7 COLUMBIA HEIGI-ITS, MINNESOTA PRf~JECT NUMBER 0701 LOCATION: The following local bituminous streets in Zone 7 are included: 2"d Street 40`" Avenue to 43`d Avenue 2°~ Street 44`" Avenue to 45`" Avenue 2'/z Street 44`" Avenue to 45`" Avenue 3`d Street 40`" Avenue to 45`" Avenue Lookout Place Summit Street to Alley 5`~' Street 37`" Avenue to 38`" Avenue Madison Street 37`" Avenue to 38`" Avenue 38`" Avenue 5`" Street to East of Madison Place 38`x' Place Madison Street to Dead-end Summit Street Lookout Place to 40`" Avenue 39`" Avenue Main Street to 2°d Street 4151 Avenue Main Street to 3`d Street 42°d Avenue Main Street to 2°a Street 43`d Avenue Main Street to 2°d Street 45`" Avenue Main Street to East of 3~d Street This feasibility study includes an analysis of proposed bituminous street patching and repair, and seal coat. IMPROVEMENTS: Repair of Concrete Curb and Gutter, Patching and Seal Coat of Street Surface. INITIATION: City Council; as part of an ongoing bituminous street preservation strategy. OWNERS The location of each street is described below and shown on the attached BENEFITTING: map. The total number of assessed parcels is 698. This is comprised of 694 privately-owned parcels and 4 City-awned parcels. OWNERS 1. 2°d Street 40`" to 43`d Avenues, 44`" to 45`'' Avenues (99) IMPACTED: 2. 2'/z Street 44`h Avenue to 45`" Avenue (22} 3. 3`d Street 40`" Avenue to 45`" Avenue (210) 4. Lookout Place Summit Street to Alley (10) 5. 5`" Street 37`" Avenue to 38`" Avenue {4) 6. Madison Street 37`" Avenue to 38`" Avenue (4} 7. 38`" Avenue 5`" Street to East of Madison Place (26) 8. 38`" Place Madison Street to Dead-end (5} 9. Summit Street Lookout Place to 40`" Avenue {28} 10. 39'" Avenue Main Street to 2°`~ Street (24} I l , 415` Avenue ~:~ain Street to 3`d Street ;178} 12. 42°d Avenue Main Street to 2na Street (26} -toa- 13. 43`d Avenue Main Street to 2°d Street (22} 14. 45`" Avenue Main Street to East of 3`d Street (40} ISSUES: The City Council identified the need to preserve and maintain the existing bituminous streets and extends the life of the pavement in good driving condition. FEASIBILITY: The improvement as proposed is necessary, cost-effective, and technically feasible. The project is recommended as proposed in the study. The improvements, once completed, will be a benefit to the properties served. SCI-IEDULE: Construction is scheduled to begin in the spring of 2007, with substantial completion occurring in late summer. This year the seal coat contract is being administered by the City of Coon Rapids under a joint powers agreement with several north-metro cities. Bid Opening for Seal Coating (City of Coon Rapids) March 2 Council accepts Feasibility Report and orders Public Improvement 1-fearing March 2b Columbia Heights Council Concurs with Bids March 26 Coon Rapids' Council Awards Contract April 3 Public Improvement Hearing and Council orders Public Improvement Project April 23 Begin Construction -Bituminous Repairs (Force Account) May Begin Construction -Seal Coat (Project-wide) August Construction Completed (Project-wide) August 31 FINANCING: The estimated cost for Seal Coating is $104,000. ASSESSMENT: The Sea] Coating project for those street listed above will be 100% assessed on a Street and Avenue parcel basis. Avenue assessments are '/3 of the street rate extending % block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case ofthe Avenue. The estimated unit cost assessment is $258 per .Street pctreel and $86 per Avena~e parcel. DESCRIPTION OF WORK INVOLVED: • Public Works Staff -provides bituminous street repairs and patching throughout the Seal Coat project zone. Includes cutting and removal of deficient segments of street section, milling of larger areas of deficient bituminous areas, and patching or paving with new bituminous. • Concrete curb and gutter repairs -provide repairs to short segments of curb & gutter due to damage or joint separation which impedes gutter flow. • Application of Seal Coat (emulsion and cover aggregate} -Application of emulsion by computer controlled mechanical sprayers immediately followed by spreading FA-2 granite or trap rock as a cover aggregate. The road surface is finished by rolling with a fire-based roller for proper aggregate penetration and distribution. -~05- 2007 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS -PROJECT 0701 ZONE 7 STREET SEAL COATING PROGRAM (Section 35, T30N, R24W) Seal Caatin~: Estimated Cost $104,000. Estimated Cost per Parcel Street: $ 258• Avenue: $ 86. -:~ os CITY COUNCIL LETTER Meeting of: 3/26/07 AGENllA SECTION: BIB CONSIDERATIONS ITEM: Authorize the Capital Equipment Replacement of Unit #7 Caterpillar Model 9M Wheel Loader ORIGINATING DEPARTMENT: CITY MAANAGER PUBLIC WORKS // BY: K. Hanse cClanahan BY:{%}' ,~ ~~ . .~~~ DATE: 312210 D ~ Background: Unit #7 is a Caterpillar Model 930 Wheel Loader, purchased in 1976, for $60,000 with a projected life expectancy of 25 years. The loader is used in conjunction with the following attachments: 1-314 yard bucket, 12 foot Henke front mount snow plow, 10 foot Wildcat Snow blower, and lifting forks. Vehicle maintenance and repair records indicate that the engine was rebuilt in 1992 and that $14,500 has been spent an repairs for Unit #7 within the last five years. The Shop Supervisor has rated the condition of the wheel loader as fair. The power of the unit has decreased and parts are increasing difficult to find fora 31-year old piece of equipment. The Street Department Capital Equipment Budget has allocated $125,000 for the replacement of Unit #7. Ana lysis/Conchtsions: Public Works staff has carefully reviewed past, current and projected use of Unit #7. A summary of that review is as follows: Unit #7 is over 30 years old and is the older of two wheel loaders oevned by the City of Columbia Heights. Front-end loaders are used extensively during snow plowing and snow removal operations. Unit #7 has not been the first line wheel loader since 1994, when Unit #9 Case Model 621B wheel loader was purchased. Staff reconunends disposal of Unit #7 by trade-in to obtain the maximum value. Public Works field-tested and compared wheel loaders manufactured by Caterpillar, Case, Volvo, and John Deere. Staff recommends replacing Unit #7 with one (1) new Caterpillar Model 938 wheel loader from the State of Minnesota Purchasing Contract, ;with contract pricing as follows. Cateraillar Model 938 Wheet Loader: Zeigler Inc. Base machine price $145,543 Trade Allowance - 3f 3,000) Sub total: $112,543 6.5% MN Sales Tax + 7 315 Total Price: $119,858 COUNCIL ACTION: - 107 - CITY COUNCIL LETTER Meeting of: 3/X/07 ACL+'NDA SECTION: BIB CONSIDERATIONS NO: ITEM: Authorize the Capital Equipment Replacement of Unit #7 Caterpillar Model 930 Wheel Loader ORIGINATING DEPARTMENT: CITY MAi~1AGER PUBLIC WORKS BY: K. Hansen & L. McClanahan BY: DATE: 3/22/07 DATE: Page 2 of 2 Case Model 721E Wheet Loader Base machine price $129,002 St. Joseph Equipment Inc. Trade Allowance - 17 000 Sub total $112,002 Attachments coupler $ 700 6.5% MN Sales Tax + 7.280 Total Price: $119,982 John Deere Model 62~J_Wheel Loader Base machine price $127,487 RDO Equipment Co. Trade Allowance - (13,500) Sub total $113,987 Attachments coupler $ 6,000 6.5% MN Sales Tax + 7 40 Total Price: $127396 Volvo L90E Whee- Loader Base machine price $137,644 Sweeney Brothers Trade Allowance - (17,500) Sub total $120,144 Attachments coupler $ 2,400 6.5% b".N Sales Tax + ?,~ Total Price: $134,353 Note: The Case, John Deere, and Volvo loaders would have an addition to their bid to provide the Balderson quick coupler that is compatible with the existing wheel loader attachments the City currently owns. The Balderson quick coupler is standard equipment with Caterpillar and included in their bid. Recommended Motion: Move to authorize the replacement of Unit #7 and purchase one (1) new Caterpillar Mode1938 Wheel Loader from Ziegler Inc. in the amount of $l 19,858 from the State Contract. Funding shall be from the Street Capital Equipment fund. 431-43121-5150. COUNCIL ACTION: -10$- CITY COUNCIL LETTER Meeting of March 26, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: 5" ~~ " ~ ~ APPROV L ITEM: Rental Housing BY: Gary Gorman BY: ~ ' ~~ i~J j Licenses ' NO: DATE: March 20, 2007 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMIVIENDED MOTION: Move to approve the items listed for rental housing license applications for March 26, 2007. COUNCIL ACTION: -109- LICENSE_Ltr to Approve Licenses 2006 Occupany I.D. Property Owner Name 30169 Richard Larsan 30025 Lawerence Miller 10192 Sviylana(Lana) Moare 10198 Kathleen Peterson Property Address 4201 3RD 3948 5TH 3911 VAN BUREN 4909 6TH 03/20/2007 13:23 - ~ ~° _ Page 1 List of 2007 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 10045 TJ2 Holdings 20030 Deer Meadow Holdings 20056 Deer Meadow Holdings 20169 Pro Realty Services 30004 ART Properties Management 30044 Ashraf LLC 30073 Longfellow Properties 30124 B & J Property Management Inc. 10019 Wilmer Adams 30176 Haji Azam 12060 Tahazib Bacchus 20226 Myrna Bourcy 12053 Marlene Brown 30002 Penelope Brown 30041 Richard Caron 20211 Danald Ferry 12066 Wiliam Franz 30026 Nedim Frlj 20130 Richard Fudali 30079 Charles Gramith 34000 Greg Guimont 20012 Bette Harlan 20088 ette Harlan B 20142 ~ j Bette Harlan 20144 Bette Harlan 20152 Bette Harlan 20154 Bette Harlan 20156 Bette Harlan 20187 Mark Johanek 30028 Douglas Jones 20180 Kenneth Koster 12008 Jose Lema 12126 John Lemire 12048 Richard Levine 20232 Angel Llapa 20232 Roman Llapa 12062 Terry Martin 30067 Samuel Mikre 30025 Lawerence Miller 4253 MCLEOD 3822 3RD 1207 Circle Terrace 4518 WASHINGTON 543 40TH 950 39TH 3923 LOOKOUT 4347 UNIVERSITY 5001 WASHINGTON 4927 UNIVERSITY 210 42ND 1132 40TH 3943 Tyler 3754 3RD 1020 40TH 4536 7TH 3830 3RD 3969 5TH 5128 WASHINGTON 529 MILL 4310 3RD 5252 WASHINGTON 5232 WASHINGTON 5110 :~,~ASr'ihsGTON 5146 WASHINGTON 5140 WASHINGTON 5200 WASHINGTON 5116 WASHINGTON 5000 4TH 5100 6TH 5152 WASHINGTON 3732 3RD 4022 MADISON 3939 Tyler 5049 JACKSON 5049 JACKSON 4145 5TH 3709 JACKSON 3948 5TH - 111 - o3i2a>20o7 13:23 Page 1 List of 2007 Rental Licenses to Approve Occupant' I.D. Property Owner Name Property Address 12016 Jean Nixon 20054 Richard Olin 30146 Scott Owens 20183 Darwin Peterson 10132 Ronald Picotte 20023 Luis Portoviejo 20212 Jai Ramnarine 20394 Kathy Rudnitski 10147 Christain Saumweber 12035 Shirley Seever 20018-NC Stacy Stutelberg 10134 Erika Thorn 30056 Robert Turcotte 10031 Brandon Vang 20004 Fletcher Wanless 20048 Fletcher Wanless 12196 Craig Young 10052 Robert Zschokke 4700 JEFFERSON 5218 WASHINGTON 4032 VAN BUREN 5228 WASHINGTON 4409 ARTHUR 4622 7TH 4550 7TH 5115 WASHINGTON 4045 JEFFERSON 5208 WASHINGTON 218 42ND 1019 37TH 1440 47TH 1085 50TH 1218 CIRCLE TERRACE 1307 CIRCLE TERRACE 4618 POLK 3823 POLK -112- 03/20/2007 13:23 Page 2 CITY COUNCIL LETTER Meeting of: March 26, 2007 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: .~ ~ ~" ~ ~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~ , i DATE: h ~~ ~ ~~ ~~ f NO: DATE: March 22, 2007 B ? ,~, BACKGROUND/ANALYSIS Attached is the business license agenda for the March 26, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: 1blcve to approve the items as ]fisted ^n the business license agenda for I:~Iarch 26, 2007 as presented. COUNCIL ACTION: - 113 - TO CITY COUNCIL March 26, 2007 *Signed Waiver ForTn Accompanied Application 2007 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Artistic Plumbing Inc. 6349 Quebec Ave No. Brk Pk *Pro Temp Inc dba Controlled Air 21210 Eaton Ave, Farmington *Metro Utilities Inc. 3025 Harbor Ln #221, Plymouth *Dependable Indoor Air 2619 Coon. Rapids Blvd, Coon Rapids *Northland Mechanical Cont 9001 Science Center Dr, New Hope *Berg Plumbing & Htg 648 2"d Ave, Mendota Hts *Hagberg Excavating 34497 Nacre, St, Princeton $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 - 114 - ~-~-4.~ CITY OF COLUMBIA HEIGHTS FINANCE 1`iEPAR T Iv~NT STATE OF 1121J'~NESOTA COUN'1~Y OF .ANOKA CITY OF COLUMBIA HEIGHTS 1Vlotion to approve payment of bills ont of the proper funds, as listed in the attached check register covering Check Number . i ~ ~ ~ l b through ~ a~ ~ ~ 3 in the amount of $ C , 3 ~"~ , 9a~ .~`~ . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recammended for payment. -115- ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 03/22/2007 12:46:28 Check History GLOSOS-V06.74 COVERPAGE GL540R *************************** *** ************************************************* * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L Report Selection: Optional Report Tit1e.......03/26/2007 COUNCIL LISTING INCLUSIONS: Fund & Account .............. thru Check Date .................. thru Source Codes ................ thru Journal Entry Dates........, thru Journal Entry Ids........,.. thru Check Number ................ 120618 thru 120937 Pro-ject ..................... thru Vendor ...................... thru Invoice ..................... thru Purchase Order .............. thru Bank ........................ thru Voucher .................... thru Released Date ............... thru Cleared Date ................ thru Include ExpjRev Closing Entries N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 N S 6 066 10 Y Y - 116 - ACS FINANCIAL SYSTEM 03/22/2007 12 BANK VENDOR BANK CHECK.CNG ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 03/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT CITY OF COLUMBIA HEIGHTS ANOICA COUNTY PROPERTY RE ARCH WIRELESS/METROCALL BELLBOY CORPORATION BERLSON IMPORTS CAPITOL BEVERAGE SALES L CENTER POINT ENERGY CENTRO BRADLEY SPE 5 LLC CHANHASSEN DINNER THEATR CHZSAGO LAKES DISTRIBUTI CTTY WIDE WINDOW SERVICE COLUMBIA HEIGHTS I DEX MEDIA EAST LLC EARL F ANDERSEN INC ESCHELON EXTREME BEVERAGE FISCHER/TED G & K SERVICES INC GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC IDEARC MEDIA CORP ISENBERG/CHRISTINE ISLAMIC CENTER OF MINN. JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. JOHNSTON/ERIK KIWI KAI IMPORTS LARKIN/JOHN LETTUCE CATER MARGRON SKOGLUND WINE IM MARK VII DIST. MCGEE/MICHAEL MOELLER/KAREN NEEDHAM DISTRIBUTING CO PETTY CASH - LIZ BRAY PETTY CASH - MARY DUGDAL QUALITY WINE & SPIRITS S & T OFFICE PRODUCTS IN SHAMROCK GROUP/ACE ICE SINN/GREG TWIN CITIES NORTH CHAMBE UNITED RENTALS NORTHWEST UNIVERSITY OF MINNESOTA WELLS FARGO BANK WINE COMPANY/THE XCEL ENERGX (N S P} 120618 164,640.72 120619 20,413.92 120620 94.40 120621 5,499.65 120622 540.00 120623 26,570.95 120624 14,711.70 120625 11,940.57 120626 100.00 120627 8,653.60 120628 63.90 120629 5,581.28 120630 236.70 120631 10.00 120632 160.56 120633 320.00 120634 258.99 120635 219.61 120636 200.86 120637 44,634.46 120638 6,320.20 120639 67.75 120640 750.00 120641 450.00 120642 26,549.29 120643 2,905.70 120644 285.23 120645 1,838.02 120646 1,085.00 120647 750.00 120648 98.2p 120649 14,059.86 120650 257.79 120651 160.00 120652 270.60 120653 24.54 120654 125.27 120655 12,271.63 120656 115.61 120657 138.30 120658 275.03 120659 16.00 120660 39.95 120661 660.00 120662 11,800.43 120663 1,249.25 120664 22,715.30 - 117 - ACS FINANCIAL SYSTEM 03/22/2007 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 03/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT AARP 120665 210.00 ACE HARDWARE 120666 28.07 AMERIPRIDE INC 120667 43.90 ANOKA COUNTY ATTORNEY 120668 455.29 ASPEN MILLS, INC. 120669 472.00 ASSOC OF TRAINING OFFCRS 120670 300.00 BARNA GUZY & STEFFEN LTD 120671 649.00 BELLBOY BAR SUPPLY 120672 99.38 BELLBOY CORPORATION 120673 1,703.80 BELTZ/EVELYN 120674 5.97 BKV GROUP INC 120675 5,441.70 BLOOD/CHARLES & MARY 120676 109.63 BONESTROO ROSENE ANDERLI 120677 804.63 BURNS/ARNIE 120678 275.00 CAPITOL BEVERAGE SALES L 120679 11,912.60 CHISAGO LAKES DISTRIBUTI 120680 6,294.74 DEEP ROCK WATER COMPANY 120681 111.43 DEPT OF LABOR & INDUSTRY 120682 35.00 DU ALL SERVICE CONTRALTO 120683 1,005.56 EDAM 120684 365.00 EMBROIDERY & MORE 120665 27.06 EXTREME BEVERAGE 120686 640.00 FARNER-BOCKEN 120687 15,806.94 G & K SERVICES INC 120688 186.85 GENUINE PARTS/NAPA AUTO 120689 23.43 GRIGGS-COOPER & CO 120690 22,416.79 HOHENSTEINS INC 120691 3,026.12 HOLMBERG/KELLY 120692 265.00 JINDRA/PATRICIA 120693 70.00 JJ TAYLOR DIST OF MN 120694 26,778.64 JOHNSON BROS. LIQUOR CO. 120695 1,532.74 JOHNSON/JANE 120696 214.21 KENNEDY & GRAVEN 120697 17,677.01 KIWI KAI IMPORTS 120698 440.00 LALA-NZOLA/J.L. 120699 2,200.00 MN CHAPTER IAAI 120700 25.00 MN DEPT OF ADMINISTRATIO 120701 507.49 MURZYN JF~/DONALD J 120702 35.00 NORTHEAST AUTO BODY INC 120703 239.62 OFFICE DEPOT 120704 78.61 PERRY/CARLA 120705 75.00 PHILLIPS WINE & SPIRITS 120706 4,261.20 PITNEY BOWES LOUISVILLE 120707 707.13 PRATT-ORDWAY LLC 120708 1,553.55 PROSOURCE TECHNOLOGIES I 120709 41,646.66 QUALITY WINE & SPIRITS 120710 32,506.30 RICOH BUSINESS SYSTEMS I 120711 181.43 - 118 - ACS FINANCIAL SYSTEM 03f22/2007 12 Ch k i CITY OF COLUMBIA HEIGHTS ec H story GL540R-V06.74 PAGE 3 03/26/2007 COUNCIL LISTING BANK VENDOR CHECK ISUMBER AMOUNT BANK CHECItING ACCOUNT ROMERO/MARIA 120712 43.95 S & T OFFICE PRODUCTS IN 120713 135.37 SARGENT/JEFF 120714 40 28 SNYDER/ROBERT 120715 . 138.95 STAPLES BUSINESS ADVANTA 120716 292.44 STATE OF MINN-DEPT OF FI 120717 227.65 SZUREK/MARLAINE 120718 35.00 TECHDEPOT 120719 279.21 TRI-COUNTY LAW ENFORCEME 120720 60.00 VERIZON WIRELESS 120721 629.88 VINOCOPIA TNC 120722 122.00 XCEL ENERGY (N S P} 120723 30.66 AMERICAN BOTTLING COMPAN 120724 725.69 ANOKA COUNTY - ES 120725 675.00 BARNA GUZY & STEFFEN LTD 120726 1,442.99 BELLBOY CORPORATION 120727 300.88 CAPITOL BEVERAGE SALES L 120728 24,837.05 CAPITOL FURNITURE SALES 120729 635.95 CHISAGO LAKES DISTRIBUTI 120730 3,396.53 CITY OF COLUMBIA HEIGHTS 120731 166,801.87 CITY OF STILLWATER 120732 100.00 CITY WIDE WINDOW SERVICE 120733 40.47 COCA-COLA BOTTLING MIDWE 120734 1,328.00 DEX MEDIA EAST LLC 120735 50.80 DU ALL SERVICE CONTRALTO 120736 4,651.08 EHLERS & ASSOCIATES INC 120737 1,980.00 EXTREME BEVERAGE 120738 320.00 FARNER-BOCKEN 120739 151.75 FISKEWOLDJBARBARA 120740 15.00 GENUINE PARTS/NAPA AUTO 120741 76.66 GRIGGS-COOPER & CO 120742 22,557.34 HANSON/SHELLY 120743 23.77 HOHENSTEINS INC 120744 8,370.10 ICMA MEMBERSHIP RENEWALS 120745 884.25 IDEARC MEDIA CORP 120746 67.75 JJ TAYLOR DIST OF MN 120747 16,881.55 JOHNSON BROS. LIQUOR CO. 120748 10,941.83 KENNEDY & GRAVEN 120749 19.00 KIWI KAI IMPORTS 120750 1,126.00 LARFCIN/JOHN 120751 47.53 LEAGUE OF MN CITIES INS 120752 171.46 MARK VII DIST. 12D753 23,706.25 NSRMAA 120754 150.00 PETTY CASH - KAREN MOELL 120755 107.75 PHILLIPS WINE & SPIRITS 120756 6,188.10 PREMIUM WATERS INC 120757 23.16 PROSOURCE TECHNOLOGIES I 120756 7,697.73 - 119 - ACS FTNANC:[AL SYSTEM 03/22/2007 12 Ch k i CITY OF COLUMBIA HEIGHTS ec 03/26/2007 H story COUNCIL LISTING GL540R-V06.74 PAGE 4 BANK VENDOR CHECK NUMB ER AMOUNT BANK CHECK:CNG ACCOUNT QUALITY WINE & SPIRITS 120759 4,198.38 SAM'S CLUB 120760 111.34 SHAMROCK GROUP/ACE ICE 120761 337.72 SUN PUBLICATION INC 120762 108.90 URBAN LAND INSTITUTE 120763 35.00 VINOCOPTA INC 120?64 218.75 WELSH COMPANIES LLC 120765 39,000.00 WINE COMPANY/THE 120766 342.13 WINE MERCHANTS 120767 1 266.92 BAICKEN/CHERYL 120768 , 8 73 BONEBRAKE/KAREN 120769 197.70 CAPITOL BEVERAGE SALES L 120770 9,431.95 CENTER POINT ENERGY 120771 309.52 CHISAGO LAKES DISTRIBUTI 120772 3 750.47 COLAIANNI/PHILLIP 120773 , 475.00 COSTCO 120774 90.00 FSH COMMUNICATIONS, LLC 120775 63.90 GENUINE PARTS/NAPA AUTO 120776 699.75 GHANAIAN ASSOC.OF MN 120777 264.42 INT'L ASSOC OF ADMIN PRO 120778 113.00 JJ TAYLOR DIST OF MN 120779 16,591.74 JOHNSON BROS. LIQUOR CO. 120780 2 703.73 JONES/KEVIN 120781 , 470.00 KENNEDY & GRAVEN 120782 356 90 KLINE/JEFF 120783 . 5$.40 MEDICINE LAKE TOURS 120784 980.00 MINNESOTA COACHES INC 120785 1,069.14 MINNESOTA DEPARTMENT OF 120786 69.00 MPLS BMEU 120787 160 00 MUSCOVITZ/PATRICIA 120788 . 133 86 NALEZNY/DANIEL 120789 . 174.31 NATL RECREATION & PARK A 120790 130.00 NEXTEL COMMUNICATTONS 120791 376 63 NORDLUND/JOHN 120792 . 124.10 PATCHIN MESSNER & DODD I 120793 506.25 PHILLIPS WINE & SPIRITS 120794 5,439.35 PLEAA-PROF LAW ENF ASSIS 120795 130.00 QUALITY WINE & SPIRITS 120796 7,651.46 QWEST COMMUNICATIONS 120797 116.09 RETAIL DATA SYSTEMS OF M 120796 439.50 VINOCOPIA INC 120799 532 74 VOELKERJJILL MARIE 120800 . 16.95 XCEL ENERGY (N S P) 120801 81.40 A & S TRAINING LLC 120802 450.00 ACE HARDWARE 120803 165 69 ALLIED/BFI WASTE SYSTEMS 120804 . 88,487.53 AMERICAN ENGINEERING TES 120805 55.00 -120- ACS FINANC:CAL SYSTEM 03/22/2007 12 CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 03J26/2007 COUNCIL LISTING BANK VENDOR CHECK NUM BER AMOUNT BANK CHECKING ACCOUNT AMERICAN LIBRARY ASSOCIA 120806 62.51 AMERIPRIDE ZNC 120807 82.58 ANCHOR PAPER 120808 314.40 ANOKA COUNTY 120809 150.00 ANOKA COUNTY HIGHWAY DEP 120810 110.00 ANOKA COUNTY HISTORICL S 120811 500.00 ANOKA COUNTY LIBRARY 120812 396.00 ANOKA CTY - CENTRAL COMM 120813 549.12 APACHE GROUP OF MINNESOT 120814 979.27 ASPEN MILLS, INC. 120815 52.50 ASTLEFORD INTERNATIONAL 120816 364.43 ATLAS AI7T0 BODY, INC 120817 553.60 BAKER & TAYLOR 120818 1,643.99 BAKER & TAYLOR ENTERTAIN 120819 1,397.54 BALMAN/TIMOTHY 120820 15.00 BARNA GUZY & STEFFEN LTD 120821 13,859.00 BERKLEY RISK ADMINISTRAT 120822 35,042.50 BETZ PLUMBING LLC 120823 848.67 BIFF'S,INC. 120824 332.05 BOUND TREE MEDICAL LLC 120825 329.89 BOYER TRUCK PARTS 120826 117.71 BRADLEY & GUZZETTA LLC 120827 3,378.75 BRIN NORTHWESTERN GLASS 120828 358.13 BROOK WHITE CO. 120829 500.55 BRODART 120830 16.70 BUILDING FASTENERS 120831 115.68 CAMDEN PET HOSPITAL, INC 120832 1,347.00 CANADIAN PACIFIC RAILWAY 120833 165.42 CARGILL INC 120834 7,208.85 CATCO PARTS SERVICE 120835 19.97 CENTER POINT ENERGY 120836 139.53 CHAMPLAIN PLANNING PRESS 120837 50.00 CINTAS FIRST AID-SAFETY 120838 495.37 CITY OF ST PAUL 120839 125.00 CLARK PRODUCTS INC 120840 83.40 COLUMBIA PARK MEDICAL GR 120841 882.00 CONTRACTORS & SURVEYORS 120842 165.06 CSC CREDIT SERVICES ZNC 120843 25.00 DAVIS EQUIPMENT CORPORAT 120844 729.08 DELTA HOSPITAL SUPPLY IN 120845 77.05 DEMCO, INC. 120846 199.52 DIAMOND VOGEL PAINTS 120847 305.66 DISCOUNT STEEL INC 120848 109.03 DNR ENTERPRISES 120849 166.03 DONAGHUE DOORS INC 120850 147.00 DOYLE LOCK SUPPLY INC 120851 49.72 EGAN OIL COMPANY 120852 403.08 -121- ACS FINANCIAL SYSTEM 03/22/2007 12 CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 6 03/26/20Q7 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ELECTRONIC COMMUNICATN S 120853 199.00 EMERGENCY AUTOMOTIVE TEC 120854 275.71 FIDELITY SERVICES INC 120855 5,167.90 FLEX COMPENSATION, INC 120856 168.00 G & K SERVICES INC 120857 1,928.16 G & N ENTERPRISES 120858 575.27 GALE GROUP/THE 120859 112.67 GENUINE PARTS/NAPA AU'PO 120860 67.86 GILLUND ENTERPRISES 120861 153.10 GOODIN CO. 120862 793.31 H & L MESABI 120863 3,258.06 HARBOR FREIGHT TOOLS 120864 38.31 HASSAN SAND & GRAVEL 120865 1,962.10 HD SUPPLY WATER WORKS 120866 386.00 HENRY P HENRY 120867 25.24 HIGHSMITH INC 120868 450.14 HOME DEPOT #2802 120869 254.39 HOTSY EQUIPMENT OF MINN 120870 424.62 IDEAL ADVERTISING INC. 120871 215.00 INNOVATIVE OFFICE SOLUTN 120872 906.57 INSTRUMENT CONTROL CO IN 120873 1,032.29 INSTRUMENTAL RESEARCH IN 120874 320.00 INTERSTATE POWERSYSTEMS 120875 1,425.16 IPC PRINTING 120876 451.22 J H CARSON ELECTRIC COMP 120877 50.56 JRK SEED & TURF SUPPLY I 120878 721.01 KEEP INC/THE 120879 78.46 LEAGUE OF MINNESOTA CITI 120880 284.91 MAC QUEEN EQUIPMENT CO. 120881 1,820.54 MADDEN & ASSOCIATES/FRAM 120882 82.40 MARSHALL CONCRETE PRODUC 120883 5,015.37 MCCLELLAN SALES 120884 198.68 MENARDS CASHWAY LUMBER-F 120885 514.56 METRO FIRE, INC 120886 65.00 METRO WELDING SUPPLY 120887 389.25 METROPOLITAN COUNCIL WAS 120888 68,308.19 MIDWAY FORD 120889 342.85 MINNEAPOLIS FINANCE DEPT 120890 67,464.35 MINNEAPOLIS SAW CO. 120891 45.35 MINNESOTA DEPARTMENT OF 120892 10,284.00 MINNESOTA PETROLEUM SERV 120893 52.44 MINNESOTA SOCIETY OF CPA 120894 180.00 MN SOCIETY OF ARBORICULT 120895 30.00 NORTHEASTER 120896 96.00 NORTHERN WATER WORKS SUP 120897 386.49 OFFICE DEPOT 120898 1,208.36 ONE-CALL CONCEPT-GOPHER 120899 266.60 -122- ACS FINANCIAL SYSTEM 03/22/2007 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 7 03/26/2007 COUNCIL LISTI6TG CHECK DftJMBER AMOUNT ONVOY INC ORKIN INC PAM OIL INC PEPSI-COLA-7 UP PLUNKETT'S, INC POS PAPER.COM POST BOARD PRAIRIE EQUIPMENT CO LLC RACO INDUSTRIES LLC RADIO SHACK RAPID GRAPHICS & MAILING RED RIVER SPECIALITES IN RUSSELLfERIC S & T OFFICE PRODUCTS IN SHERWIN WILLIAMS SHORT ELLIOT HENDRICKSON STAPLES BUSINESS ADVANTA STAR TRIBUNE STREICHER'S GUN'S INC/DO SUBURBAN RATE AUTHORITY SURPLUS SERVICES TEE'S PLUS TENNANT COMPANY TERMINAL SUPPLY CO, INC TESSMAN CO TKDA, INC TRANS-ALARM INC TWIN CITIES TRANSPORT & U.S. BANK VERIZON WIRELESS VIKING ELECTRIC SUPPLY VIKING SAFETY PRODUCTS VOSS LIGHTING WHITE BEAR LAKE POLICE D WW GRAINGER,TNC XCEL ENERGY {N S P) ZARNOTH BRUSH WORKS, INC 3M 120900 59.99 120901 62.82 120902 28.76 120903 510.50 120904 1,076.08 120905 518.10 120906 540.00 120907 10.65 120908 301.83 120909 68.14 120910 9,132.00 120911 479.25 120912 38.59 120913 215.20 120914 590.05 120915 4,878.70 120916 136.28 120917 812.35 120918 346.88 120919 800.00 120920 30.00 120921 316.00 120922 966.79 120923 391.00 120924 48.99 120925 877.60 120926 261.76 120927 149.05 120928 1,293.75 120929 62.47 120930 353.91 120931 106.86 120932 57.27 120933 10.00 120934 174.11 120935 107.65 120936 498.91 120937 7,542.22 1,397,922.69 *** -123- ACS FINANC:CAL SYSTEM 03/22/2007 12 BANK VENDOR REPORT 'COTALS CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 8 03/26/2007 COUNCIL LISTING CHECK NUMBER AMOUNT 1,397,922.69 RECORDS PRINTED - 001573 -124- ACS FINANC">AL SYSTEM 03/22 /2007 12:46:31 Check History FUND RECAP:: FUND ---- DESCRIPTION --___°----°--------------- DISBURSEMENTS 101 GENEFt7~L 97 605 19 201 COMMITNITY DEVELOPMENT FUND , . 2 713 46 212 STATE AID MAINTENANCE , . 457 80 225 CABLE TELEVISION . 3 378 75 240 LIBRARY , . 10 301 16 261 TWENTY-FIRST CENTURY GRANT , . 24 54 265 CONFISCATED/FORFEITED PROP . 874 84 270 376 DARE PROJECT TAX INCREMENT $ONDS . 1,378.04 379 HOUSING TIF #1 SCATTER 19,949.15 387 G.O. IMPROVEMENT BOND 1999A 180.00 431 25 388 G O IMPROVE/REV BONDS 2003A . 221 07 402 STATE AID CONSTRUCTION . 55 00 415 CAFITAL IMFRVMT - PIR PROD ' . 10 OD5 26 418 CQMMUDIITY C PR CAPITAL BLDG " , . 5 952 30 420 CAP x MPROVEMENT-DEVELOPMENT ' ' , . 54 969 68 436 CAPI ? AL EQUIP REPLACE-LIQUOR , . 50 733 26 601 WATER UTILITY , . 86 622 38 602 SEWER UTILITY , . 71 144 79 603 REFUSF. FUND , . 89 661 74 604 STORM SEWER UTILITY , . 1 353 45 609 631 LIQUOR. WATEF2 FUND DEBT SERVICE , . 479,377.46 632 SEWER FUND DEBT SERVICE 392 99 8 55 634 STORM SEWER DEBT SERVICE . 239 89 652 SEWEF: CONSTRUCTION FUND . 2 572.54 653 STORM SEWER CONSTRUCT. FUND , 750 00 701 CENTF;AL GARAGE . 28 019 01 720 DATA PROCESSING , . 2 857 35 875 FISCAL AGENCY: GIS RANGER , . 7 542.22 881 CONTRIBUTED PRQJECTS-REC , 160 00 883 CONTRIBUTED PROJECTS-GEN . 1 165.02 884 INSURANCE , 35 213.96 885 PAYROLL FUND , 318 733.45 887 FLEX BENEFIT FUND , 12,877.14 TOTAL ALL FtTNDS 1,397,922.69 BANK RECAP: BANK NAME DISBURSEMENTS CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R -125- ACS FINANCIAL SYSTEM 03/22/2007 12:46:31 BANK RECAP: BANK NAME ------------- BANK CHECKING ACCOUN'T' TOTAL ALL BANKS Check History DISBURSEMENTS 1,397,922.69 1,397,922.69 CGL060S-V06~74IRECAPPAGE GL540R -126- COLUMBIA HIJIGHTS CITY COUNCIL LCTTCR Meeting o£ March 26, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: C.A. /r-l Community Development APPROVA L . ITEM: 1st Reading: Ordinance 1522, Zoning BY: Jeff Sargent, City Planner ' ~- BY: ~j~~=tt",~~~ ~ Amendment to the Zoning Code as it Relates to DATE: March 20, 2007 Seasonal Outdoor Sales. BACKGROUND: The Planning Commission and the City Council's time are not put to the best use while processing a request for Seasonal Outdoor Sales proposals. The Seasonal Outdoor Sales applications that are received by the City are proposed by companies that have been conducting the same business in the same location for a considerable amount of time. In the 2006 season, three of the nine Conditional Use Permits that were processed by the Planning Commission and the City Council were proposals for greenhouses throughout the city. Those three companies requesting the CUP have conducted 31 combined years of business in the City of Columbia Heights. For this reason, Staff proposes the Planning Commission recommend amending the Zoning Code, eliminating the requirement for a Conditional Use Pern~it (CUP) for ail future Seasonal Outdoor Sales activities. All future Seasonal Outdoor Sales activities would be a permitted use in the district which they are currently allowed, and would require a peddler's license through the City. When applying for the peddler's license, the applicant would still be subject to review from the Planning, Building and Fire Departments for compliance to the City Code. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1522, being ample copies available to the public. Move to set the second reading of Ordinance No. 1522 for Monday, April 9, 2007, at approximately 7:00 p.m. in the City Council Chambers. AttaC11TT1~TItS: 1J1'Cljt t)YC1U1C1t1~8 1 JLL, f'-i'G COUNCIL ACTION -127- ORDINANCE NO. 1522 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE GB, GENERAL BUSINESS AND CBD, CENTRAL BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Colwnbia Heights City Code, is proposed to include the following additions and deletions. § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. OUTDOOR SALES AND/OR DISPLAY, SEASONAL. The selling or displaying of retail mercl:andise outside the principal structure, and on t/ze same /ot as the principa! structure. Sucli sales and/or display may be located in a temporary structure such as a kiosk, greets/rouse or temporary tent. Exantpdes of merclrartdise to be sold include agricultural products, fireworks, Cfrristmas trees, and the like. Chapter 9, Article 1, Section 9.110 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS. (i/) ~~Si~, uc"~ac'I ut 1n3 it.itia i:.i3. (2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a} Community Center. (b) Government office. (c} Govermnent protective service facility. (d} Public park and/or playground. (e) Recreational facility, indoor. (f) Recreational facility, outdoor. (g) School, vocational or business. (h) School, performinglvisual/martial arts. (i} Auditorium/place of assembly. (j} Automobile conve~rience facility. {k) Automobile repair, minor. (i} Bancl~~et F-lall. -128- (m}Billiards Hall. (n) Bowling Alley. (o} Car wash. (p) Clinic, medical or dental. (q) Clinic, veterinary. (r) Daycare facility, adult or child. (s) Financial institution. (t) Food service, convenience (fast food}. (u} Food service, limited (coffee shop/deli). (v) Food service, full service (restaurant/nightclub). (w) Funeral home. (x) Greenhouselgarden center. (y) Health or fitness club. (z) Hotel/motel. (aa) Laboratory, medical. (bb) Liquor store, off-sale. (cc) Museum or gallery. (dd) Office. (ee) Retail sales. (ft) Service, professional. (gg) Shopping Center. (hh) Studio, professional. (ii) Studio, radio and television. (ij} Theater, live performance. (kk) Theater, movie. (ll} Outdoors sales and/or display, seasonal. § 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business. (3} Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth far conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Govenmient maintenance facility. (b) Arcade. (c) Automobile sales/rental, new and used. (d) Recreational vehicle sales, new or used. (e} Firearms dealer/Shooting range. (t} Hospital. (h} Outdoor storage. (i} Parking Rarr,p. -129- (j} Assembly, manufacturing and/or processing. (k} Printing and/or publishing. (1} Consignment/Secondhand store. (m)Club or lodge. (n) Currency exchange. (o) Pawnshop. (p) Drop-in facility. (F) CBD, Central Business Dist~•ict. (2) Permitted Uses. Except as specz~cally limited herein, the following uses are permitted within the CBD, Central Barsiness District. (a} Multiple-family residential, when located above a first Hoar commercial use. (b) Community center. (c) Government office. (d) Govenvnent protective services facility. (e) Public parks and/or playgrounds. (t) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) School, vocational or business. (i) School, performing/visual/martial arts. (j} Auditorium/place of assembly. (k) Banquet hall. (1) Billiards hall. (m) Bowling alley. (n) Clinic, medical or dentist. (o) Clinic, veterinary. {p) Llcensed day careraCility, adult or Child. (q) Financial institution. (r) Food service, convenience (fast food). (s) Food service, limited (coffee shop/deli). (t} Food service, full service (restaurant/nightclub}. (u) Health or fitness center. (v) Hotel or motel. (w) Laboratory, medical. (x) Liquor store, off-sale. (y) Museum or gallery. (z) Office. (aa} Retail sales. (bb} Service, professional. (cc) Studio, professional. (dd} Studio, radio or television. (ee) Tl-ieater, live performance. (ilia TheaiGr, mvviC. -~sa- (gg) Outdoor sales and/or display, seasonal. (3) Canditianul Cases. Except as specifically limited herein, the fallowing uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, anal the regulations for specific uses set forth in § 9.107, Specific Development Standards. (a) Government maintenance facility. (b) Arcade. (c) Automobile repair, minor. (d) (e) Outdoor storage. (f) Parking ramp. (g) Club or lodge. Section 2: This ordinance shall be in fitll force and effect from and after 30 days after its passage. First Reading: March 26, 2007 Second Reading: , 2007 Date of Passage: Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson -131- CITY OF Ct3LUMBTA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0302 DATE: March 6, 2006 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Seasonal Outdoor Sales PREPARED BY: Jeff Sargent, City Planner BACKGROUND The Planning Commission and the City Council's time are not put to the best use while processing a request for Seasonal Outdoor Sales proposals. The Seasonal Outdoor Sales applications that are received by the City are proposed by companies that have been conducting the same business in the same location for a considerable amount of time. In the 2006 season, three of the nine Conditional Use Permits that were processed by the Planning Commission and the City Council were proposals for greenhouses throughout the city. Those three companies requesting the CUP have conducted 31 combined years of business in the City of Columbia Heights. The Linder's Greenhouse, which locates in the Rainbow Grocery Store parking lot, has conducted business in Columbia Heights for the past 17 years. Each year, the application is identical to the previous year's application, and each year the CUP gets approved. This redundancy of applying for and receiving a CUP far this type of use throughout the city wastes the Planning Commission and City Council's time. For this reason, Staff proposes the Planning Commission recommend amending the Zoning Gode, eliminating the requirement for a Conditional Use Permit (CUP) for all future Seasonal Outdoor Sales activities. All future Seasonal Outdoor Sales activities would be a permitted use in the district which they are currently allowed, and would require a peddler's license through the City. When applying for the peddler's license, the applicant would still be subject to review from the Planning, Building and Fire Departments for compliance to the City Code. -132- City of Columbia Heights Planning Commission March 6, 2007 Text Amendment, Auto Lots Case # 2007-0302 COMPREHENSIVE PLAN The proposed zoning amendment would not affect the Comprehensive Plan, as no new zoning districts would be created. FINDINGS OF FACT The City Council shall make the following 4 findings before granting approval of a request to amend the City Code. These findings are as follows: a} The amendment is consistent with the comprehensive plan. The amendment is consistent with the Comprehensive Plan because no new zoning districts will be created with the proposed zoning amendment. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow for a better use of time for the Planning Commission and City Council. All future Seasonal Sale operators would be affected. Therefore the proposed zoning amendment would not be solely for the benefit of a single property owner. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible :4~;th the proposed zoning class~fecatson. The zoning amendment does not change the zoning classification of a particular property. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning amendment does not change the zoning classification of a particular property. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would allow for seasonal outdoor sales to be a permitted use in -~3s- Page 2 City of Columbia Heights Planning Commission March 6, 2007 Text Amendment, Auto Lots Case # 2007-0302 the districts in which they are currently allowed. The requirement far a Conditional Use Permit for such activity would be abolished. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments • Draft Ordinance - Asa - Page 3 CLTY COUNCIL LETTER Meeting of March 26, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: ~ ~ APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman B~ Abatement ,~`r ~~ DATE: March 19, 2007 ~-HATE:!3~ NO: 2007-37 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Christopher and Tracy Decker regarding property at 666- 668 47°~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. 2007-37, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-37, a resolution of the City Council of the City of Columbia Heights declaring the property at 666- 668 47 ~~` Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 1~ -135- RESOLUTION 2007-37 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 Christopher and Tracy Decker (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 666-668 47~ ii2 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 February 27, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on February 2, 2007 the Fire Department was called to 668 47-1/2 Ave. N.E. after receiving information that there was water flowing out of the house. The Fire Department found that a water condition existed at the property and determined entry needed to be made by the firefighters to assess the health and safety of any possible occupants. A locksmith was called to assist in entry but was not available, firefighters forced entry into the structure. Once entry was made, personnel determined the heat to the house was turned off and that a water pipe had burst. The Public Works Department personnel shut the water off to the house. 2. That on February 27, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Secured the units on building to prevent unauthorized access. B. Shut water off to prevent any damage to the building due to cold weather. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(8). CONCLUSIONS OF COUNCIL 1. That the property Located at 666-668 47~~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. 13& ORDER OF COUNCIL The property located at 666-668 47~~2 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 Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City C1erklCouncil Secretary -137- CITY COUNCIL LETTER Meeting of March 26, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY ~ ~ Fire MANAGER NO: APPROVAL r , ITEM: Adopt Resolution For BY: Gary Gorman BY:~%;;: ~ { , Revocation DATE: March 19, 2007 DATE: NO: 2007-38 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Christopher and Tracy Decker regarding rental property at 1261-63 Circle Terrace Boulevard 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.2007-38, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-38, 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 Christopher and Tracy Decker regarding rental property at 1261-1263 Circle Terrace Boulevard N.E. COUNCIL ACTION: I -138- RESOLUTION 2007-38 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article N, Section SA.408(A) of that certain residential rental license held by Christopher and David Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1261-1263 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article N, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2007 of an public hearing to be held on March 26, 2007. 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 3anuary 1 S, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license of property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 1 S, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was sent by regular mail to the owner at the address listed in the property records. 3. That on March S, 2007 inspection office staff reviewed the property file and noted that the rental for the property had expired effective February 28, 2007. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit a rental license application. 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 SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license hetonging to the License Holder described herein and identified by license number F7S22 is hereby revoked; 2. The City will post for tl2e purpose of preventing occupancy a copy of this order on -139- the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within b0 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2407 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -140- CITY COUNCIL LETTER Meeting of March 26, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY ~ ~ Fire MANAGER NO: APPROV ITEM: Adapt Resolution For BY: Gary Gorman BY:~d ~~~~ Revocation DATE: March 19, 2007 DATE: NO: 2007-39 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Ruben Rodriquez regarding rental property at 1401-1403 Circle Terrace Boulevard 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.2007-39, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-39, 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 Ruben Rodriquez regarding rental property at 1401-1403 Circle Terrace Boulevard N.E. COUNCIL ACTION: - 141 - RESOLUTION 2007-39 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Ruben Rodriquez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1401-1403 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota, Whereas, pursuant to Ciry Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2007 of an public hearing to be held on March 26, 2007, Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT l . That on January 1 S, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license of property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 1 S, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was sent by regular mail to the owner at the address listed in the property records. 3. That on March S, 2007 inspection office staff reviewed the property file and noted that the rental for the property had expired effective February 28, 2007. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to submit a rental license application. 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 l . The rental license belonging to the License Holder described herein and identified by license number F8208 is hereby revoked; 2. The Ciry will post for the purpose of pa-eventing occupancy a copy of this order on -142- the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of ?007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -~as- CITY COUNCIL LETTER Meeting of March 26, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY / Fire MANAGER NO: l0 ~-- APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: ~~~~ ~„ Revocation DATE: March 19, 2007 DATE: NO: 2007-40 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Sharon Smith Akinsanya regarding rental property at 4634 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.2007-40, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-40, 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 Sharon Smith Akinsanya regarding rental property at 4634 Polk Street N.E. COUNCIL ACTION: -144- RESOLUTION 2007-4d Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Sharon Smith Akinsanya (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4634-4636 Polk Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.40$(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2007 of an public hearing to be held on March 26, 2007. 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 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license ofproperty. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 15, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was sent by regular mail to the owner at the address listed in the property records. 3. That on March 5, 2007 inspection office staff reviewed the property file and noted that the rental for the property had expired effective February 28, 2007. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit a rental license application. 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 SA, Article III SA.306 and SA.303(A}. ORDER OF COUNCIL l . The rental license belonging to the License Holder described herein and identified by license number F7565 is hereby revoked; 2. The Ciry will post for the purpose of preventing occupancy a copy of this order on - T45 - the buildings covered by the license held by License Holder; 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 ?007 Ot~ered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -~4s- CITY COUNCIL LETTER Meeting of March 26, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY /~ ~ Fire MANAGER NO: ~C1 APPROV ITEM: Adopt Resolution For BY: Gary Gorman BY ~ ~ g Revocation DATE: March 19, 2007 DATE: NO: 2007-41 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Michael Fortier regarding rental property at 1316 Circle Terrace Boulevard N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Mave to close the public hearing and to waive the reading of Resolution No.2007-41, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-41, 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 Michael Fortier regarding rental property at 1316 Circle Terrace Boulevard N.E. COUNCIL ACTION: -a47- RESOLUTION 2007-41 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Michael Fortier (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1316 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2006 of an public hearing to be held on March 26, 2007. 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 March 5, 2007, inspectors for the City of Columbia Heights, inspected the properly 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 March 6, 2007 inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on March 16, 2007, inspectors far 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 regular 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. 1316 -Complaint of no heat on the 1316 side. Given 24 hours to repair. Owner was contacted by phone on 3/5107. Advised 24 hours to correct, Contacted by tenant on 3/6/07 at approx. 12:00. Not repaired. Called and advised owner of starting revocation process. 5. That ali 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). 148 - ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7729B 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. Passed this day of 2007 Offered by: Second by: Roii Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -149- CITY COUNCIL LETTER Meeting of March 26, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY //~~ ~ T Fire MANAGER NO: D l~ APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY:~ . _ ~ Revocation DATE: March 19, 2007 DATE: NO: 2007-42 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against David Ernewein regarding rental property at 3820 Hayes 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.2007-42, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-42, 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 David Ernewein regarding rental property at 3820 Hayes Street N.E. COUNCIL ACTION: -~sa- RESOLUTION 2007-42 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by David Ernewein (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3820 Hayes Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article N, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2007 of an public hearing to be held on March 26, 2007. Now, therefore, in accordance with the foregoing, and alI ordinances and regulations of the City of Columbia Heights, the City Council of the City of Coturnbia Heights makes the following: FINDINGS OF FACT 1. That on January 15, 2007, inspection office staffsent a letter requesting the owner of the property to renew the rental license of property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 15, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was sent by regular mail to the owner at the address listed in the property records. 3. That on March 5, 2007 inspection office staff reviewed the property file and noted that the rental for the property had expired effective February 28, 2007. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit a rental license application. 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 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 F7567 is hereby revoked; 2. The City will post for the purpose of pz-eventing occupancy a copy of this order on - 151 - 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 pasting of this Order revoking the license as held by License Holder. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 152 .. CITY COUNCIL LETTER Meeting of March 26.2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY / i ~ ~ Fire MANAGER NO: ( APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: / ~ Revocation ~ ~ ~ DATE: March 19, 2006 DATE: NO: 2007-43 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Fabian Lajano regarding rental property at 573 37`'' Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOIt+IlV1ENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-43, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-43, 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 Fabian Lajano regarding rental property at 573 37`" Avenue N.E. COUNCIL ACTION: -153- RESOLUTION 2007-43 Resolution of the City Council far the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Fabian Lajano Properties (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 573 37`h Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B}, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on February 27, 2007 of an public hearing to be held on March 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on February 14, 2007, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. That on February 27, 2007, 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. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Cade were found to exist, to- wit: a. Failure to submit a rental license application. b. Failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 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 U573 is hereby revoked; 2. The City will past for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves fram the premises within 60 days from the first iiay of pGStiilg of il'rIS Crdet' rc°vakiiig tlic iicense as iieid by LiGetisc Hvldcr. -154- Passed this day of 200? Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -155- COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetine of: March 2(_ 2(107 AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S Other Ordinances and Resolutions Community Development APPKOVAL NO: 7.A.1 ITEM: Approval of Lot Split, CUP and lot area BY: Jeff Sargent, City Planner BY: ~ ~ Variance for a new twin home located at 490 Tyler DATE: March 20, 2007 ~ f , ~ Street. (Jj~ BACKGROUND At this time, Bruce Whitney is proposing to split the property located at 4920 Tyler Street in order to convert an existing duplex into a twin home. The Zoning Ordinance has recently been amended to require a Conditional Use Permit (CUP) for all twin home proposals within the R-2A or R-2 B, One and Two Family Residential Zoning Districts. The existing house located at 4920 Tyler Street is a duplex built in December 2006. The applicant stated that he wants to sell the properties to prospective property owners rather than manage the property as a landlord. Because of the current orientation of the house on the property, a lot area variance will be necessary because the proposed lot split does not result in two equally sized parcels. "Undue hardship" as used in connection with the granting ofa variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the City. It could be argued that this property could be put to a reasonable use as a rental property if the variance was not granted. Staff feels that a stronger argument is that the variance request is a function of apre-existing condition on the property. The overall size of the property meets the minimum standards to allow a twin home use. The conditions for azero-foot lot line setback, ho4vever, require that the parcel be equally split when establishing a twin home. The hardship in this case is that the dwelling is in an existing location on the property disallowing the parcel to be split evenly. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-31, there being ample copies available to the public. Move to adopt Resolution No. 2007-31, approving a inlllol' SUbdIVI51o11 at 4920 Tyler Street, subject to the conditions outlined in Resolution No. 2007-31. Move to waive the reading of Resolution 2007-32, there being ample copies available to the public. Move to adopt Resolution No. 2007-32, approving a Conditional Use Permit for a twin home located at 4920 Tyler Street, subject to the conditions outlined in Resolution No. 2007-~2. Move to waive the reading of Resolution 2007-33, there being ample copies available to the public. Move to adopt Resolution No. 2007-33, approving a 1,199.5 square foot lot area variance far the southern parcel. HtiaCmlientS: UI'iPfl tCt'.S[7lt/11Oi1.4 ~UUi-_i 1. ~~Ill)/-_i~, ?OO%-j 3, P+JRP(~OT'1, site COUNCIL, ACTION -156- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0201 DATE: February 6, 2007 TO: Columbia Heights Planning Commission APPLICANT: Bruce Whitney LOCATION: 4920 Tyler Street REQUEST: Lot Split, Conditional Use Permit for Twin Home, 1,199.5 square foot area variance for new lot. PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, there are three land use requests for the property located at 4920 Tyler Street. They are: 1. A lot split per Code Section 9.104 (J). 2. A Conditional Use Permit for the establishment of a Twin Home in the R-2A, One and Two Family Residential District per Code Section 9.109 {F)(3)(b). 3. A 1,199.5 square foot area variance for a lot with azero-foot setback per Cade Section 9.109 (D)(4). The applicant, Bruce Whitney, is proposing to split the property located at 4920 Tyler Street in order to convert an existing duplex into a twin home. The Zoning Ordinance has recently been amended to require a Conditional Use Permit (CUP) for all twin home proposals within the R-2A or R-2B, One and Two Family Residential Zoning Districts. The existing house located at 4920 Tyler Street is a duplex built in December 2006. The applicant stated that he wants to sell the properties to prospective property owners rather than manage the property as a landlord. Because of the current orientation of the house on the property, a lot area variance will be necessary because the proposed lot split does not result in two equally sized parcels. -157- City of Columbia Heights Planning Commission March 6, 2007 Savers-Conditional Use Permit Case # 2007-0201 COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards Medium Density Residential. Bath the current use as a duplex and the proposed use of this land as a twin home are consistent with the intent of the Comprehensive Plan. ZONING ORDINANCE The property is zoned R-ZA, One and Two Family Residential. The purpose of the R- 2A and R-26, Two-Family Residential District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. The minimum requirements for lot area, lot width and setbacks in the R2-A District for a twin home use are as follows: Lot Area: Lot Width: Front Yard Setback: Side Yard Setback: Rear Yard Setback: 12,000 square feet 60 feet Average requirement 0 feet 20% of lot depth. The tot width and lat area requirements are the minimum standards required for properties prior to the lot split, in order to construct a twin home. The Zoning Code has specific requirements far zero lot line setbacks when taking twin homes into consideration. They are as follows: (1) The wall of the dwelling unit shall be placed upon said property line in a Mannar that r~lr~ec not anyCaach i~pan inn+hpr prar~er-ty The proposed lot line will split the structure into two separate living quarters, along a party wall. At no point does any portion of either dwelling unit encroach onto the neighboring property. (2) The applicant records all required agreements, easements and deed restrictions against ali properties that abut the zero iot line. This condition will be attached to the Conditianal Use Permit Resolution. The applicant will be responsible for recording a party waif agreement as well as a driveway easement agreement between the two properties. (3) The minimum front, side and rear building setbacks shall be applied to the structure as a whale, rather than to individual units. The current structure is 2(?.6 feet from the northern property line, 5.34 feet from the southern property line, and approximately 56.5 feet from the rear ~ ss - Page 2 City of Columbia Heights Planning Commission March 6, 2007 Savers-Conditional Use Permit Case # 2007-0201 property line, meeting the minimum setback requirements. The structure is setback 34.69 feet from the front property line. Given that the average setback of the houses 200 feet to the north and south is 35 feet, the current location of the subject property meets the minimum front yard setback requirement, (4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels accupied by the structure by the total number of dwelling units. The current property is 72,869 square feet. The existing house does not sit directly in the middle of the property, however it still meets all the minimum setback requirements. The minimum lot area for each property must be 6,434.5 square feet. Therefore, a 1,199.5 square foot area variance is required for the southern parcel. The park dedication fee for Parcel B will be $3,132.00, to be paid upon final approval of the lot split. FINDINGS OF FAGT (Minor Subdivision) Section 9.104 (J) of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision. They are as follows: (a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in the creation of two parcels. (b) The proposed subdivision of land does not involve the vacation of existing eased-ier'its. No existing easements will be vacated as a result of the prapased minor subdivision. (c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The northern lot will be 7, 634 square feet in area and the southern lot will be 5,235 square feet in area. The southern lot will require a 1,199.5 square foot area variance, as it is not one-ha/f of the tote! lot area of the existing parcel of land. (d) The proposed subdivision does not require the dedication of public rights-of- way for the purpose of gaining access to the property. -15s - Page 3 City of Columbia Heights Planning Commission March 6, 2007 Savers-Conditional Use Permit Case # 2007-0201 The property currently has adequate access to Tyler Street and will not require a dedication of the public right-of--way for access purposes. (e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance of land. This is a true statement. (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a true statement. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.194 refers to the subdivision regulations set forth in the City's Zoning Code. The proposed subdivision meets all of the design standards specified in this section. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 {H) of the Zoning Ordinance outlines nine 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. A twin home use is specifically mentioned as a Conditional Use in the R-2A, One and Two l=amity Residential District. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area towards Medium Density Residential. Both the current use as a duplex and the proposed use of this land as a twin home are consistent with the intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. -160- Page 4 City of Columbia Heights Planning Commission March 6, 2007 Savers-Conditional Use Permit Case # 2007-0201 The use of the building will change from a rental dwelling to owner-occupied. This should not impose hazards or disturbing influences within a residential area. {d} The use will not substantially diminish the use of property in the immediate vicinity. The use of the property in the immediate vicinity would not be diminished with this proposal. The building is an existing structure on the property. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The character of the surrounding area is for one and two family households. The twin home proposal 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 4920 Tyler Street 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. Traffic corigestitiii will nut be a pfOblern 'with a tVVO-farttily TeslderJtial flee within a residential district. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The use will not cause a negative cumulative effect in the area. The proposal would be reducing the number of rental units in the neighborhood. (i} The use complies with all other applicable regulations for the district in which it is located. The use requires a lot area variance as applied for - ~s~ _ Page 5 City of Columbia Heights Planning Commission March 6, 2007 Savers-Conditional Use Permit Case # 2007-0201 FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City to grant a variance. They are as follows: {a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. "Undue hardship" as used in connection with the granting of a variance means fhe property in question cannot be put to a reasonable use if used under conditions allowed by the City. It could be argued that this property could be put to a reasonable use as a rental property if the variance was not granted. Staff feels that a stronger argument is that the variance request is a function of apre-existing condition on the property. The overall size of the property meets the minimum standards to allow a twin home use. The conditions for a zero-foot lot line setback, however, require that the parcel be equally split when establishing a twin home. The hardship in this case is that the dwelling is in an existing location on the property disallowing the parcel to be split evenly. (b) The conditions upon which the variance are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. There are very few duplex dwellings located on parcels greater than 12,000 :igi.iarc cc^t iir area iii rile City of Cvii.iilibia /-~'eight~. Of those that arc, i,ierc are fewer that would be able to be converted to twin homes because of the inside configuration of the dwelling units. (c} The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The applicant built the dwelling unit with the purpose of creating a duplex and renting out each side of the building. At this time, the applicant would like to be able to sell both sides of the building to an owner-occupied tenant. (d) The granting of the variance is in harmony with the general purpose and intent of this Comprehensive Plan. - 162 - Page ~ City of Columbia Heights Planning Commission March b, 2007 Savers-Conditional Use Permit Case # 2007-0201 The Comprehensive Plan guides this area towards Medium Density Residential. A twin home use is consistent with the intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property ar improvements in the vicinity. The granting of the variance would not change the physical make-up of the property in the least. The existing building will remain in its current location, with no additions proposed. The requirement of the variance is necessary to change the use of the building from rental units to owner-occupied units. RECOMMENDATION Motion: The Planning Commission recommends that the City Council approve the minor subdivision of the property located at 4920 Street for the purpose of creating parcels for a twin home, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $3,132.00, due at the time of final approval by the City Council, and prior to any permits issued for the property. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit far 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. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than aone-hour fire resistive rating with exposure from both sides. 3. A shared parking/driveway easement shelf be drawn up and recorded with Anoka County for the shared use of the driveway. Motion: The Planning Commission recommends that the City Council approve the 1 , 199.E syuar e fCGt ar ca Siar ianCc for ti ie sGutller i ~ pariei if3iated at 4u2v~3treet fvr ti ie - 163 - Page ~ City of Columbia Heights Planning Commission March 6, 2007 Savers-Conditional Use Permit Case # 2007-0201 purpose of creating a trNin home. ATTACHMENTS ^ Draft Resolution ^ Location Map ^ Site Plan - Asa - Page 8 RESOLUTION N0.2007-31 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BRUCE WHITNEY WHEREAS, a proposal (C'ase No. 2007-0201) has been submitted by Bruce Whitney to the City Council requesting a subdivision from the City of Columbia I-Ieights Subdivision Code at the following site: ADDRESS: 4920 Tyler Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on March 6, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. Se The property has not previously been divided through the minor subdivisions provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 'l~he p,-~~posed sB~bdivisi_o~? does not 1?finder the nlakinL cif assessments or the keeping of records related to assessments. $. The proposed subdivision meets all of the~~l~sign standards specified in the X9.114. RESOLUTION N0.2007-32 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BRUCE WHITNEY WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0201} has been submitted by Bruce Whitney to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (F)(3)(b). WHEREAS, the Plamling Commission has held a public hearing as required by the city Zoning Code on March 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 P~onr~innr ('mm~~iccin»• 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. 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. 'I~he use and property upon which the use is located are adequately served by essential public facilities and services. -166- Resolution No. ?007-32 Page 2 7. Adequate measures leave been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of tratlic. &. 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 became null and void if the project has not been completed within one 1 calendar,yea~. after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part ofthe permit. 2. The shared party wall shall have not less than aone-hour fire resistive rating with exposure tram both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. Passed this _ day of March, 2007 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscavitz, CMC Deputy City Clerk/Council ~ecretarv -167- KESOLUTION N0.2007-33 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BRUCE WHITNEY WHEREAS, a proposal (Case # 2007-0201} has been submitted by Bruce Whitney to the City Council requesting a variance from the City ofColumbia Heights Zoning Code at the following site: ADDRESS: X920 Tyler Street LEGAL DESCRIPTION: On file at City Hall TI-IE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1,199.5 square foot area variance for the creation of a new lot per Code Section 9.109 (D)(4}.. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 5, 2007; 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: Because of the pa_~t~cula_• phys=cal suia v%z ind: ~'egs, or tl:e shape., co rtfigL'srntloa~, to~..ography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undLie 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 ot'the variance is in harmony with the general purpose and intent of•the Comprehensive Plan.. Tl~e granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment. use, develap~~~ent or vah~e of property or improvements in the vicinity. -168- Resolution No. 2007-33 2 FURTHER, BE IT RESOLVED, that the attached 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 became 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. Passed this _ day of March, ?007 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -169- 4920 Tyler Street a ~ ` AO 7O~`5' ~ CE ° ~ ~" ~ u, 5 9 S T °' Tic' , p ' Spao ~t N p SD55 ~ m o~ ', O o ~ ~ ` N m 90 v v` ° ai ~ 5049 ~ m S ~ m 1p59 j p O Sp `~ p o ~" Q~ SOBS 7345 ~ 5043 ~ m o 1pg5 4 ~ sp x335 S S p 5037 5060 c°i, 1070 O20 s c& Sp ~ S 73~'S 13. m COURT 1DSr ~ W N w ~ ~s •, J 5031 I 1060 5010 ~ ~ "' `~` ~`~is, J 1330 AVE 1057 i "~ i `, 5025 ( 5025 ~, i J Q I ~ N N \ ">ocr \, , 7~ m No 5D19 5050 1051 w ° o° ~ u°+ cmn ° cNj+ \ /y ~ 2O ~ Z o O 5013 ~ / 737 o (n o 1043 PIERCE _ ~ ,,366 ' ° nmi cn ~ 5007 umi SOOD ° 999 103 1100 1 1 LL ~ ~ __~~~- N ~~~ ~ ~ m °o Q 5001 ! 5 N .P rn m o N 15 ~ I O O O O O O ~~ 56 7~ps 1005 1030 ZO T -•-~__ ~ ~~ 1301 m ~ 840 4952 4955 1000 1085 ° N a 'm m No sp ~~?O ~ rn ~- ux cn ~n to ~ Gb > 4949 4946 ~, ~ 'p 4943 4924 ~ 5TH ~ g36C co 4940 i `~ / ~ ~ 4937 492D 4975 ~ o m° °° ~ y j ~, nt N 4960 °J 0 0 0 0 °0 0 0 A~/E 4831 4920 4918 4955 ~g50 4925 a 1 u y rma ^' 4919 4911 4916 1005 f o 0 0 -. 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O O O CENTRAL ~ ` ~-' m ~ N ~ ~» ~ v MIDDLE 4611 BOREALIS LN SCHOOL ~ W a h 61 O N 4801 I,,_ rn m co ! ~ ~ ~ N .N. ~ w [pit cn ~ 4757 Q" ~j' KHYBER LN W ~~ „r-E ~ ^ ~ ~~,(( K-MART ~7 ,^~ p m m S i r t t ~ __...._ ~ w ~ o /^1 ~ ` .~ W ..a o /I~J -~ J YC-HEERY LN ( V J ! f t"- -- ... ~ :~ ct n ~ N ~. ~ I Location Map -a~a- To: City of Columbia Heights 590 40th Ave NE Columbia Heights MN 55421 From: Bruce Whitney 159 ©akwood Dr New Brighton NIN 551.1.2 651.6367738 ~~hitn0i)-~r ~isi.c~~n; RE: Splitting the Iot of 4920 Tyler St December 18, 2006 The property of 4920 Tyler Street cunrently is a new duplex completed in December 2006. We would like to split the lot and turn. the property into a twin home. Under current city zoning the lot qualifies for a twin home because it has a lot area of 12825 sq. ft and lot frontage of 95 feet. The block. is currently zoned for duplexes. I believe these units will be owner occupied because they are spacious, beautiful and one level living for the retired owner. I believe the property owners on the block would prefer owner occupied. units. 4920 Tyler St Unit 1 GGl)ll sl Four bedroom Two bath. 492? Tyler St Unit 2 2480 sf Three bedroom Two bath -~a4- CERTIFICATE OF SURVEY FOR: ~PIiITNEY BROTHERS Pace) A fia4 pmt of Satbn 25, Township 30, Ronga 24, Anokn County, NGmeaota described oa tollowa: Commenohg of the southwest comer of the Horihweat t3uarler of Seetlon 25; thence North 89 degrees 35 minutn 09 aecanda Eaat, aewmed bearhg olong the south fha of wld NatMSSt 0uatar, o dtstonw of 350.00 toot thence North 00 degrees 31 minutea 23 seconds Weet, on a Ilea 350.00 feet Boat of and porolld ith the west Ihs of eok Northwest lTuMar, a dletonca of 401.67 feet to the po&It of baghninq; thence conilwlnq north 00 degrees 3t minutea 23 seronda Waal 58.33 feet to a Ilna 460.00 fast north of and porc8e7 with the south Ina of wk Northwest Ouortar, thence South 8D degrees 35 minutes 09 seconds West 735.00 lees to a the 275.00 Bost o/ and pordiel rllh Ns rest the of aald Northwest OuoAar; them South 00 degrees 37 minutea 23 seconds East, along sold paollel Iha 54.79 lest thane South t>8 degrees 54 mhutea 43 aetonds Eoat 735.05 teat la the Dolnt o1 beginnhq and there termhottnq. Pahl B fiat port of Sodion 25. iownahlp 3Q RarLga 24, Anoka County, tAlnnesota desCr&>ad as fo0owc CammanChq at the southwest Comer of the Northwest puortar o1 Sedlon 25: thence North 89 degrees 35 mhuin 09 seconds Eaet. oswmed beorhg olonq the south the of sold Norcnwaet 0uartsr, a L9etance of 350.00 feet thence North 00 deaeea Ji minutea 23 seconds West. an a Ilne 350.00 feet east o! aLd paallal rfth the wee4 floe of eotd Norfhwat 0uartw, o dlstonce o4 364.67 t®et to the paint of beghning; th+nca conthWng North 00 degreca 31 minutea 23 seconds Worst 37,00 feet: thence North 88 degrees 54 mhutss 43 seconds tYest 135.05 lost to C Ilne 275.08 aosf of and para8el WIN the west llnw of sold Nathweat Quarter; thence South W degrees 31 mhuNs 23 teconds Eoat. olong aok parasel Ihe, 40.54 teat to a the 364.67 teat north of and poralle! with lh+ south Ilne of oak Northwest Alorter, thence Nalh 89 degrees 35 mhutas 09 seconds Eost 735.00 feel to the point of beghnlnq and there tertninathq. I I I I I I I I I 60 I ~~ NpISE I I V I _ Aw fa4C r'OLQ 5 8975'09" W ~ Ax tR1r etnrf K Wt £ IaoO rr I ~~ 275.00 ~~ ~- ~' N 89'35'D9' £ /35.110 --~ I tf~___^~___ v n z ~`~ 3 C ~~+ d $ g F r ~ z ~ ~ n I W N ~ 1 t 2 ~so.oo I t t y 3{ f ~i w 8 A\c uriT~7 I s~ ,^t 4 ~ V 4 aeRFS LLC['~~~ COr4 a] N.ea m 3 c 6E ^ ~~ , _ _ _ coax ruNw4r N slams swot PAIb 7 ~ t = t d t a . .t ••• ~ ' - Q '•. - 5 88'54'43' E 2 UlAT Ol1PLE% I X '1 p ~ td6.08 - ~ w e ~ m.«a; , Y. .._ L srzrs .uao oECN ~ p p ii AREA~5,235 50 FT ~ r.t Ada IMT~ ~ wALKXAY wood POIfOi t a2i I ~ _ 7a.6a ~ _ _ rLatTSnt aESi~-1 TSJ4 iGa '6~~ I~ -- S 8975'09° W 735.00 f ~ aMAel l!K FENCE MDOa FEMCE ~~ '~ N. LINE i b~.+i Fr' I § I I I= I V ~ I ~ ' 6 Ig 0 i ~ _ ~~~~~ '444\ V N 8975'(19' E 350.00 - - - --{`-\ ! ' `ar WNNDe a M Nw t/0. aEG ]a. 1'. 9a, a. Ia f `~i UI~ Mw L/6 SC. ?5 I i -1 - - - LtlitNU O OOt07ES IRON uCNULENT FCt7re6 '~ DENOTES POWfR POLE DENOTES CONC1tElE G~~~e SCftLE O DENOTES edON kONUIO.taT SET > v DfrdOtES UGN7 Ptl.E -$^ DENOTES 5APATARY SEi~R m DENOTES kAHFKK.E L~ DENOTES IETfPNl1NE 90% -ST- OEHOTES STORM 5£WER t}, DENOTES ELECTRIC PETER P1C DEPt01E5 NAIL SET -W- DENOTES WATER kAIN ;~.' DENOTES HYDRANT ~ DENOTES CATCH BASIN -E- DEN0IES ELECT7+tlTy 1 ~ trEi'T ~ 1 tees - Zd n Dq OWOTES WAic`T. Vi3.~ `Iv DEP.G;ED GAS i:EiER -.,- DENOTES GA.S 9« DENOTES ETFCTRIC kINO NOtf CL DENOTES WATER DOX % 95714 DENOTES SDOT ELEVAi1CN R~S'ONS C .~ 1 hereby rtrtify that this wrvey, plen or repot woe d DATE DESCd+PTICN , prepared by me or under my diced supervision an that I om o duly Registered Land Surveyor under 651) 484°3301 r oft + stns A R 7 J 70 W 000N1'! ROAD °C° SUITE 703 J -~~~- ~~ t1E LOCJtTIat OF utaLnFS SNd(M ARE A ' ! ~ LITTLE CANADA, tAN. 55717 FAX. (fi5T} 765-9729 David E. Torgcrsen. RL.S. Z r Q Y Riu~ATE da_Y. OIitER UTalT~S u tPPRO 7a5T W7atR NAVE N0T BEni SHOWN. Y ~,~ 4inn. Reg. No. 17551 Oata CONTACT GOPHt7t STATE ONE CALL Ai ,.~,~ .«.v.,w.o rre cv.r-r irr,rrrrs $OUALITY SERVICE SINCE T948 f~ .lnh No. t}6-0$7 _.. Fie No. t0086'