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June 9, 2008 Regular
CITY OF COLUMBIA HEIGHTS MaVOr Garv L. Peterson 590 40`~ Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers Vasit ourwebsite at: rovsvw.ci.crrlumbia-heights mn.us Robert A. Williams Bruce Nawrocki Tammera Diel:m Bruce Kelcenberg Citv Manaeer Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, June 09, 2008 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 City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDERlROLL CALL/INVOCATION Invocation by Rev. Dan Thompson., Assembly of God Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNTTION, ANNOUNCEMENTS AND GUESTS A. 2008 Humanitarian Award -Cliff and Sharon Shedlov 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, Approve minutes of the May 27. 2008 Columbia Heights City Council meeting. ps MOTION: Move to approve the minutes of the May 27, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions. MOTION: Move to accept the minutes of the Charter Commission meeting of April 16, 2008. p19 MOTOION: Move to accept the minutes ofthe Traffic Commission meeting of March 3, 2008. pal MOTION: Move to accept the minutes of the Library Board meeting of May 6, 2008. pz4 MOTION: Move to accept the minutes ofthe Planning and Zoning Commission ofJune 3, 2008. pz6 C. Adopt Resolution 2008-136, being a Resolution waiving the Statutory Tort Liability Limits. p61 MOTION: Move to waive the reading of Resolution 2008-136, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-136, being a Resolution waiving the Statutory Tort Liability Limits. City Council Agenda Monday, June 09, 2008 Page 2 of 4 D. Approve Access Control at the Municipal Service Center Facility p6a MOTION: Move to appropriate funds from the 411 Capital Improvement Fund far this project and to authorize the Mayor and City Manager to accept the proposal and enter into a contract with Marco for access control and a security system at the Public Works garage, in the amount of $17,088.3 1, plus sales tax. E. Annroval of the reissuance of the license to operate a rental unit(s) within the City of Columbia P69 Heights at 4131. Jefferson Street N.E. MOTION: Move to issue arental-housing License to Peter Sax to operate the rental property located at 4131 Jefferson Street N.E. in that the provisions of the residential maintenance code have been complied with. F. Approval of the attached list of rental housing license applications, in that they have met the p70 requirements of the Residential Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for June 9, 2008. G. Approve Business License Applications p73 MOTION: Move to approve the items as listed on the business license agenda for June 9, 2008 as presented. H. Approve payment of the bills p76 MOTON: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 126022 through Check Number 1261.97 in the amount of $934,178.34. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. First Reading of Ordinance Number 1547, being an Ordinance for Erosion and Sediment P84 Control MOTION: Move to waive the reading of Ordinance No. 1547, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance #1547, being an Ordinance amending City Code Chapter 9 of the City of Columbia Heights for June 23rd, 2008 at approximately 7:00 p.m. in the Council Chambers. 2. Adopt Resohrtion No. 2008-130, being a Resolution approving a variance waivin t~ he 80 P96 percent opacity requirement at 3700 Central Avenue, subject to the conditions outlined. MOTION: Move to waive the reading of Resolution 2008-130, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-130, approving a variance to code section 9.106 (M)(5)(c), waiving the 80 percent opacity requirement for screening a parking lot for the property located at 3700 Central Avenue, subject to the conditions outlined in Resolution 2008-130. City Council Agenda Monday, June 09, 2008 Page 3 of 4 3. Adopt Resolution 2008-131 Conditional Use Permit for a parking ramp and Resolution No. psis 2008-132 site plan approval for 4707 Central Avenue. MOTION: Move to waive the reading ofResolution 2008-131, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-131, approving a Conditional Use Permit for a parking ramp at 4707 Central Avenue. MOTION: Move to waive the reading of Resolution 2008-132, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-132, approving a site plan for approximately 55,000 square feet of commerciaUretail development at 4707 Central Avenue. B. Bid Considerations C. Other Business 7. PUBLIC HEARINGS A. 1st Reading Ordinance No. 1548. Residential Inspection Before Sales (RIBS? p149 MOTION: Move to close the public hearing and waive the Reading of Ordinance No. 1548, there being an ample amount of copies available to the public. MOTION: Move to set a Public Hearing for the 2nd Reading of Ordinance No. 1548 for Monday, July 28, 2008 in the Council Chambers at approximately 7:00 p.tn. B. 1st Reading: Ordinance 1549, Zoning Amendment to rezone 825 - 41st Avenue from R-4 to PO. pis6 MOTION: Move to close the public hearing and waive the reading of Ordinance No. 1549, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1549, for Monday, June 23, 2008, at approximately 7:00 p.m. in the City Council Chambers. C. 1st Reading: Ordinance 1550, Zoning Amendment to create the Shoreland Overlay District pl6z MOTION: Move to close the public hearing and waive the reading of Ordinance No. 1550, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1550, for Monday, June 23, 2008, at approximately 7:00 p.m. in the City Council Chambers. D. Adopt Resolution 2008-133, 4132 Madison Street N.E. being a declaration of nuisance and p1'3 approving abatement of violations within the City of Columbia Heights• MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-133; there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-133, being a resolution of the Columbia Heights City Council declaring the properties listed a nuisance and approving the abatement of violations from. the property pursuant to City Code section 8.206. City Council Agenda Monday, June 09, 2008 Page 4 of 4 E. Adopt Resolutions 2008-134. 574 Huset Parkway N.E., and 2008-135, 657 47th Avenue N.E. ps~6 being Resolutions of the Columbia Hei htg s City Council approving rental license revocation for failure to meet the requirements of the Property Maintenance Cade. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-134, and 2008-135 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-134, and 2008-135 being Resolutions of the Columbia Heights City Council approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURIVIVIENT ,~ ~~ ~ -', ~-- Walter R. Fehst, ity Manager wF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBL4 HEIGHTS CITY COUNCIL MEETING MAY 27, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Tuesday, May 27, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor David Briley, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution Numbers 2008-122, 2008-123, 2008-125, and 2008-127 in that the properties have been brought into compliance. Nawrocki requested discussion on clean up of the K-mart site, police/fire building, and recycling concerns. Peterson placed these items under the City Manager's report. Peterson moved the alley lighting item from the Consent Agenda to Public Hearings. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Peterson stated that City Clerk/Council Secretary Patty Muscovitz's daughter, Cassy is back from an eleven month humanitarian mission in the Marshall Islands. He requested his thanks be passed on to her. CONSENT AGENDA Nawrocki requested to remove items C and D for discussion. A. Approve minutes of the May 12, 2008 Columbia Hei hg is City Council meeting. Nawrocki requested to correct his Council corner comment on the Lori Sturdevant column, in which the survey suggested that the general public did not have much faith in elected officials when they made their decisions. Motion to approve the minutes of the May 12, 2008 City Council meeting. B. Accept minutes of the Columbia Heip~hts Boards and Commissions Motion to accept the minutes of the May 15, 2008 Telecommunications Commission. C. Establish a joint City Council/Planning and Zoning, Commission Work Session meetin~a Comprehensive Plan update on June 16, 2008. -Removed D. Adopt Ordinance l 545, being and Ordinance pertaining to salaries of elected. officials. -Removed. E. Adopt Resolution 2008-115, Amending Resolution 2007-214 Re~?ardin~ Fund Reclassification Number Nawrocki questioned where these items were in the fund books. Elrite stated this is a new fund and was not on the List last year. It was accidentally omitted from the monthly report. Fehst City Council Minutes Tuesday, May 27, 2008 Page 2 of 14 stated that this fund was set up at the end of last year by the City Council, but did not make it in the budget book. Motion to waive the reading of Resolution 2008-1.15, there being an ample amount of copies available to the public. Motion to adopt Resolution 2008-115, being a Resolution amending Resolution 2007-214 regarding fund reclassification number. RESOLUTION 2008-115 RESOLUTION AMENDING RESOLUTION 2007-214 REGARDING FUND RECLASSFICATION NUMBER WHEREAS, on November 26, 2007 the City Council approved Resolutions, 2007-21.4, which referenced an appropriation of housing dollars from Fund #207, and WHEREAS, the City's Finance Department desires that the aforementioned Fund 207 be reclassified as Fund #408, THEREFORE, BE IT RESOLVED, that all references to Fund 207 in City Council Resolution 2007-214 be amended to Fund #408. F. Authorization to seek bids for the 2008 Sanitary Sewer Pipe Lining Project. Motion to authorize staff to seek bids for the 2008 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. G. Amendment to the existing land lease with InvestCast located at 716 39th Avenue NE Fehst explained this is an amendment to the recently approved InvestCast lease, reducing the lease space by 825 square feet and extending the term of the lease from the end of 2014 to 2020. Motion to approve the amendments to the land lease between the City of Columbia Heights and InvestCast located at 716 39th Avenue NE. H. Adopt Resolution No. 2008-129, being a Resolution ordering and levyin~ one alle ly i~ht. Removed to Public Hearings. I. Accept bids and award 2008 Site Landscape contract. Fehst gave a breakdown of the bid, and stated that we received a very good price. Motion to accept bids and award the 2008 Site Landscaping, including two municipal liquor stores and the Huset Parkway Roundabout to Fair's Nursery of Maple Grove, Minnesota in the amount of $ $39,440.75 based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Approve Permits for the 2008 Jamboree. Nawrocki referred to a memo from Liz Bray stating there would be a Heights Idol event in the parking lot across from city hall, and asked if this required a special permit. Fehst stated it does not. Motion to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 23, 2008 through Sunday, June 30, 2008. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 27, 2008 at 6:00 p.m. for the following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. 6 City Council Minutes Tuesday, May 27, 2008 Page 3 of 14 Motion to authorize Fireworks at dusk on Saturday, June 28, 2008. K. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for May 27, 2008 L. Approval of the re-issuance of the license to operate a rental unit(s) within the City of Columbia Heights at 1000 Peters Place N.E. Motion to issue arental-housing Iicense to Michelle Parson to operate the rental property located at 1000 Peters Place N.E. in that the provisions of the residential maintenance code and now in compliance. M. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 27, 2008 as presented. N. Approve payment of the bills. Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 125858 through Check Number 126021. in the amount of $710,856.38. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items with the exception of items C, D, and H. C. Establish a joint City Council/Planning and Zoning Commission Work Session meeting for a Comprehensive Plan update on June 16, 2008. Nawrocki stated that it had been agreed not to schedule work sessions on the third Monday of the month. He has a commitment to attend the Lion's Club Jamboree planning meeting that evening. He suggested it be held on the first Monday. Fehst listed items scheduled for the June 2°d work session. Fehst indicated the intention is to keep the third Monday free, but it was agreed to meet if there were items that required attention. Nawrocki suggested meeting at 5:00 p.m. Williams indicated he could not attend at that time. Nawrocki stated that if he did not attend he would require a full presentation when brought to Council.. Peterson suggested he speak to staff on the items. Motion by Williams, second by Kelzenberg to establish a joint City Council/Planning and Zoning Commission Work Session meeting for a Comprehensive Plan update on Monday, June 16, 2008 beginning at 7:00 p.m. in Conference Room 1. Motion to amend by Nawrocki to hole the work session at 6:00 p.m. Peterson called for a second to the motion. Motion died for lack of a second. Motion to amend by Nawrocki to hold the work session on Thursday, June 10, Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki spoke of the Council's lack of consideration to work with his schedule. Peterson stated that when a majority can attend a meeting, it should not be taken personally. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - City Council Minutes Tuesday, May 27, 2008 Page 4 of 14 1 nay. Motion carried. D. Adopt Ordinance 1545, being and Ordinance pertaining to salaries of elected officials. Nawrocki stated that the League of Minnesota Cities lists salaries for 86 cities, and 2/3rds are less than the current salary of our mayor. With the compensation of insurance, only two of the 86 communities, besides Minneapolis and St. Paul have greater salaries. Nawrocki referred to comments made about when he was mayor at $13,000 a year, but the last salary he received was $10,200. He did support the increase and then lost the election. Fehst stated that the salary being paid to the mayor now was the same salary paid in 1984 when Councilmember Nawrocki was mayor, or 24 years ago. The salary in 1989 was $13,800 and was felt to be appropriate at that time. It is now appropriate for the construction knowledge the Mayor has, for building of the public safety building, a gymnasium, and two liquor stores. We meet several times a week on these things, which is a savings of staff time and money. Council has appointed him the representative on these projects. Benefits have been included in the council's salary for almost 30 years. Williams stated that, as a council, except for Councilmember Nawrocki, we feel an increase is appropriate. Nawrocki gave his history of involvement with commercial construction. He referred to the survey of people that feel they are not get listened to. Fehst stated that they might worry about pensions paid. Katie Korday, 3842 Tyler Street NE, stated she contacted the League of Cities and received the salaries. She asked for re-numeration by population and questioned the financial status of the city, as the package is quite expensive with health insurance. She questioned if there is a pension. Fehst stated they earn credit when working, but also explained pension benefits under the old law. Diehm stated that now elected officiasl could not receive that. Fehst stated that the salary would. be in the tap dozen. Nawrocki stated that he did not have a choice on the insurance benefit. Diehm stated she has opted out of insurance coverage. Korday asked the cast for medical coverage. Nawrocki stated it is $7,700 a year. Fehst stated the recipient pays $3,000 to $4,000 for the coverage. Peterson gave his field work construction experience of 44 years. Kelzenberg stated his appreciation for the work our Mayor does, but reminded everyone that this increase would not take effect until after the election, and we do not know if the current mayor is even running for office. Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1545, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance 1545, pertaining to salaries of elected officials. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, abstain. 3ayes - 1 nay - 1 abstention. Motion carried. '~DI?22~I~*d~~ 1~I(2. 2545 BEING AND ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, PERTAINING TO SALARIES OF ELECTED OFFICIALS City Council Minutes Tuesday, May 27, 2008 Page 5 of 14 The City of Columbia Heights does ordain: § 2.102 SALARIES. (A) Pursuant to the provisions of M.S. § 415.1 1, as it may be amended from time to time, effective January 1, 2009, the salary of each Council member shall be $7,800 per year, payable at the rate of $650 per month, and the salary of the Mayor shall be $13,800 per year, payable at the rate of $1,150 per month. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business PUBLIC HEARINGS Adopt Resolution No. 2008-129, being a Resolution ordering and lev~g one alley light. Kathy Young, Assistant City Engineer, stated that citizens have petitioned for an alley light located between 3850 and 3854 Tyler Street NE. Residents were notified of this public hearing and the project cost. No response has been received from the residents. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2008-129, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Peterson closed the public hearing. Motion by Nawrocki, second by Williams, to adopt Resolution 2008-129, being a Resolution ordering and levying one alley light located between 3850 and 3854 Tyler Street NE, known as PIR 677-39. Upon vote: All ayes. Motion carried. RESOLUTION N0.2008-129 LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT N0.677-39 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley light numbered 677-39 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 27`h day of May 2008, in the City Council Chamber, 590 40`h Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE C[TY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-39 for alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. City Council Minutes Tuesday, May 27, 2008 Page 6 of 14 Afloat Resolutions 2008-116, 1401-1403 Circle Terrace Blvd. N.E.. 2008-117.4100 Reservoir Blvd. N.E,, 2008-118, 4450 Van Buren St. N.E., 2008-119, 4656 Polk St. N.E., being resolutions declaring listed properties a nuisance and approvinP the abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman stated the abatement for 1401-1403 Circle Terrace was an immediate abatement to remove graffiti. Gorman stated that the abatement of 4100 Reservoir Boulevard was to secure the building and far outside storage. Items A and C remain. Gorman stated that 4450 Van Buren has outside storage. Gorman stated. that 4656 Polk Street was an immediate abatement to secure the building. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-116, 117, 118, and 119, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution Numbers 2008-116, 117, 118, and 119 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section. 8.206. Upon vote: All ayes. Motion carried. Resolutions may be found at the end of~this document. Adopt Resolutions 2008-120, 679 40th Ave. N.E., 2008-121, 1308-1310 Circle Terrace Blvd. N.E., 2008-122, 567 37th Ave. N.E., 2008-123, 4321 5th St. N.E., 2008-124, 1214-1216 Cheer,~Lane N.E., 2008-125, 3727 Reservoir Blvd. N.E., 2008-126, 4442-4444 Tyler St. N.E., 2008-127, 1019 37th Ave. N.E., 2008-128, 3810-3812 3rd St. N.E., being Resolutions approvinP rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Peterson indicated that Resolutions 2008-122, 123, 125, 127 have been brought into compliance and have been removed. Gorman stated that 679 40th Avenue has broken windows and has not submitted. the rental license application. Gorman stated that 1.308-10 Circle Terrace has failed to submit an application. Peterson stated that he received a phone call that there may be drug activity at this address. The water shut off is broken and people are living there. The police have been alerted. He suggested immediate abatement to board up house. Gorman stated that 1214-16 Cherry Lane is missing a smoke detector. Gorman stated that 4442-44 Tyler Place has failed to submit the application and fees. Gorman stated that 3810-3812 3rd Street has failed to submit the application and fees and has not scheduled an inspection. There are also outside storage issues. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of 10 City Council Minutes Tuesday, May 27, 2008 Page 7 of 14 Resolution Numbers 2008-120, 121, 124, 126, and 128 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution Numbers 2008-120, 121, 124, 126, 1.28 being Resolutions 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 licenses listed. Upon vote: All ayes. Motion carried. Resolutions may be foamd at the end of this document. Peterson indicated that he has mowed the foreclosed property next to him, but there is activity there. A rear window was broken and he secured the house. He suggested if there is a foreclosed or vacant house that residents are concerned about the condition or activities there, to call the police department. Nawrocki questioned the relevance of reissuing a revoked rental license to the rental moratorium. Gorman stated that any license current from January 1, 2006 to present could be renewed. Nawrocki stated that the demolished home on 38`" and 2"d Street has a big hole in the ground and weeds. Gorman stated the hole should be filled in or have a fence around it and should be taken care of through the building permit. Korday referred to her difficulties contacting rental property owners and asked that current telephone numbers be required. Garman stated that owners are required to notify us, but new numbers are usually only given at the time of license application. Korday spoke of the garbage house north of her. Peterson stated that private properties are inspected upon complaint. Gorman stated that they try to work with neighbors on complaints and the County also becomes involved. ADMINISTRATIVE REPORTS Report of the City Manager • Met with the architect, construction manager, and the police and fire employees on the proposed building. The June 2 work session will address additions to the original plan. Construction commodities are increasing. We will use the construction manager in the proper way. Nawrocki referred to the new Bloomington Police station and asked if this site was researched for comparison. We are confident that our architect is cost conscience and will serve us well. Referred to the Spring Lake Park and Champlin Police and Fire building and lessons learned from visiting their sites. Nawrocki requested arrangements to visit the Champlin site and questioned operating costs for a new building. We are looking at options such as geothermal use. • Nawrocki indicated there is tall grass, a big hole in the ground, and a material storage container at the K-mart site that should be addressed. Fehst indicated the Fire Department would address these concerns. • Nawrocki stated that we have not achieved our 2007 recycling goals. We do not have representation at the meetings. Fehst stated that position was eliminated and this is an area that has suffered. • Nawrocki indicated that residents are cited for grass over nine inches. He asked why the city is not similarly responsible for grass around ponds. Fehst stated the purpose of the ponds is natural vegetation to clean the water. • Nawrocki stated he has requested. operation costs for the new gym. This is important for budgeting due to the Legislature passing levy limits. Fehst stated that those costs have been 11 City Council Minutes Tuesday, May 27, 2008 Page 8 of 14 estimated. Report of the City Attorney -nothing to report CITIZENS FORUM Katie Korday stated she was at the May 12 City Council meeting to express concern for her safety. It has escalated. and. she is attempting to obtain a restraining order. She indicated she also received hate mail. She asked for suggestions. Fehst stated that she should continue to call the police when necessary, The police will remain vigilant, and a private attorney should be considered for civil matters. Nawrocki stated that he has also received hate mail, and indicated that our officers are willing to respond to the calls. Hoeft described the process to serve a restraining order. COUNCIL CORNER Nawrocki -nothing to report Diehrn • Values First values of the month are responsibility and accountability. Williams Indicated the passing of resident Bill Kalata. Indicated the number of long grass violations and properties cut by the contactor. Fehst commended the Fire Department for the job they have done. Referred to the nice job done on the rental license moratorium newspaper article. Kelzenberg -nothing to report Peterson Don't forget our service men and women, overseas and wherever they are. Don't take ourselves too seriously and do a random. act of kindness, ADJOI;~tN11~NT Peterson adjourned the meeting at 8:46 p.m. Patricia Muscovitz, CMC City Cierk/Council Secretary RESOLUTION 2008-116 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 Bank of New York Trustee (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1401-03 Circle Terrace Blvd., Columbia Heights, Minnesota. 12 City Council Minutes Tuesday, May 27, 2008 Page 9 of 14 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 Apri128, 2008. 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 Apri127, 2008 the fire department was notified that a vacant house at 1401-03 Circle Terrace Blvd. had graffiti on it. 2. That on April 28, 2008 the fire department hired the contractor Dua[t service to remove the graffiti on the building. the fire department had no contact information for a responsible person for the building. 3. That on April 28, 2008 the fire department sent statement of cause to the registered owner of the property at the address listed in the Anoka county property records database. 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: approve the immediate abatement of the public nuisance/hazardous building located at 1401-03 Circle Terrace Blvd. 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 1401-03 Circle Terrace Bvld. 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 140]-03 Circle Terrace Blvd. 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. RESOLiJTION 2008-117 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 Greenpoint Mortgage Company (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4100 Reservoir Blvd. 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 May 8, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I. That on April 2, 2008 an inspection was conducted on the property listed above. Inspectors found three violations. a compliance order was sent via regular mail to the owner at the address. 2. That on May 8, 2008 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on May 14, 2008 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the fire department, the following conditions and violations of city codes(s) were found to exist, to wit: shall repair damage to the overhead garage doorframe and shall remove all outside storage. 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 4100 Reservoir Blvd. 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. 13 City Council Minutes Tuesday, May 27, 2008 Page 10 of 14 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 4100 Reservoir Blvd. 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. RESOLUTION 2008-118 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 Itevin Brady (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4450 Van Buren 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 May 15, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 30, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on May 15, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on May 21, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(8). CONCLUSIONS OF COUNCIL 1. That the property located at 4450 Van Buren 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 4450 Van Buren 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. RESOLUTION 2008-119 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 JP Morgan Chase Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4656 Polk Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, 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 April 15, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on April 14, 2008 the Fire Department was notified that a vacant house at 4656 Polk Street N.E. had a open window and an open door. 2. That on April 15, 2008 the Fire Department inspected the property and found a window unsecured. After checking the records the Fire Department could not find a responsible person that could be immediately notified. 14 City Council Minutes Tuesday, May 27, 2008 Page 11 of 14 3. That on April 15, 2008 the Fire Department hired the contractor DuAll Service to board up and secure the open window on the building. 4. That on April 15, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 5. 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: Approve the immediate abatement of the public nuisance/hazardous building located at 4656 Polk Street N.E. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4656 Polk 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 4656 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-120 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 Cynthia Agyili (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 679 40`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 May 5, 2008 of an public hearing to be held on May 19, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 1, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April I5, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A stater~~ent of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on April 15, 2008 the inspection office staff sent sent a letter requesting the owner of the property to renew the rental license for this properhr. 4. That on May 16, 2008 inspectors for the City of Columbia Heights perforned a reinspection and noted that three violations remained uncorrected. 5. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall paint, seal, or stain, the trim around the front and the rear door, shall replace the broken basement window, on the west side, shall replace the broken window on the garage service door, shall submit a rental license renewal application and applicable fees. 6. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 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 F8393 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 Haider. RESOLUTION 2008-121 15 City Council Minutes Tuesday, May 27, 2008 Page 12 of 14 Resolution of the City Council for the Ciry 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 Mortgage Electronic Registration Systems (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1308-1.310 Circle Terrace Bivd. 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 May 2, 2008 of an public hearing to be held. on May 27, 2008. 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 Neights makes the following: FINDINGS OF FACT 1. That on or about April 15, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 2, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 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 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. RESOLiI'TION 2008-126 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 Said Farah (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4442-4444 Tyler Street. 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 May 7, 2008 of an public hearing to be held on May 27, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about March 15, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 7, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit rental housing renewal application and applicable fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 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 F8401 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; 16 City Council Minutes Tuesday, May 27, 2008 Page 13 of 14 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. RESOLUTION 2008-124 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 Shemica Riley (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 1214-1216 Cheery Lane 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 May 8, 2008 of an public hearing to be held on May 27, 2008. 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 12, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 8, 200$ inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 14, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 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: 1216 Side -Provide working smoke detector on 1st floor. 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 F8785 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. RESOLUTION 2008-128 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 Bob Landucci (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 381.0-3812 3`d Street 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 May 2, 2008 of an public hearing to be held on May 27, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about April 15, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail. to the owner at the address listed in the property records. 2. That on May 2, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular rnaii to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit 17 City Council Minutes Tuesday, May 27, 2008 Page 14 of 14 renewal. rental license application anal fees 4. 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}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8293 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. 18 COLIJNIBIA HEIGHTS CHARTER COMIVIISSION MIlVUTES April 16th, 2008 S:OOpm Gauvitte Room, Murzyn Hall Call to Order The meeting was called to order by President Joe Sturdevant at 5:05 p.m. Roll Call Members present: Bob Buboltz, Barb Gertsema, Mike Hartel, Jim Johnson, Roger Johnson, Scott Kyseth, Mike Patiuk, Lori Ritzko, Joseph Sturdevant, 3oe Sturdevant, Dan Vogtman Members absent and excused: Carolyn Laine Members absent and unexcused: Nancy King, Katy Korday Council Liaison, Tami Ericson-Diehm, was present. City Attorney, Jim Hoeft, was present. Recording Secretary, Carole Blowers, was not present. Approval of minutes of January 17, 2008 Motion by President Sturdevant, seconded by Commissioner Hartel,to approve the minutes of January 17, 2008, as presented. Motion passed unanimously. Introduction of new Charter Commissioner Roger Johnson was welcomed to the Charter Commission. President Sturdevant gave a brief overview of the role of the Charter Commission and some of the recent accomplishments and items that have been worked on. Old Business None New Business Overall revisions re ag riling the division of City Clerk & City Treasurer duties City Attorney, Jim Hoeft, stated that the duties of the City Clerk and City Treasurer will be performed by separate individuals in the future, and the City Charter needs to be updated to reflect this change. One reason for separation. of duties in these roles is in support of accounting controls and audit purposes. Jim Hoeft then went through the City Charter pointing out all of the instances where the City Clerk and City Treasurer are specified in the Charter and identifying what changes will need to be made to the verbiage of the Charter. Chapter 2, Section 9 -Vacancies in the Council - ok as currently stated Chapter 4 -all sections ok as currently stated. Chapter 5 -all sections ok as currently stated Chapter 6 -Section 55 -Subordinate Officers: 'the custody and disbursement of the public funds' reference as part of the city clerk's role should be changed to city treasurer. 'The city clerk may be designated. to act as secretary of the 19 council....' this verbiage needs to be cleaned up a bit. All other references to city clerk in this section were ok as currently stated. Chapter 7 -Section 66 -Levy and Collection of Taxes: 'The city clerk shall transit to the county auditor...' should be changed to city treasurer. Chapter 8 -Section 77 -Local Improvements, How Made: 'signed by the mayor and city manager and countersigned by the city clerk.....' should be changed to city treasurer. Chapter 8, Section 79 -Notice of Appeal - ok as currently stated. Chapter 8, Section 86 -County Treasurer Collector for City - ok as currently stated. Proposed changes to the above highlighted areas (Chapter 6, Section 55; Chapter 7, Section 66, and Chapter 8, Section 77) will. be presented to commissioners prior to the next meeting in July. Motion by Commissioner Hartel, seconded by Commissioner Buboltz to make the recommended changes to the City Charter. Motion passed unanimously. The second reading of the changes to the City Charter is set for the July 17, 2008 meeting. Negt Meeting Date The next regular Charter Commission meeting date is set for July 17, 2008 at 7 p.m. at Murzyn Hall. Adjournment Motion by Commissioner Buboltz, seconded by Commissioner Sturdevant, to adjourn the meeting at 5:30 p.m. The annual board/commission dinner was held immediately after this meeting at Murzyn Hail. Respectfully submitted, Lori Ritzko Vice President cjb 4-16-08 Charter Commission Minutes cage ~ or ~ Wages 20 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MARCH 3, 2008 CALL TO ORDER The meeting was called to order by Chairperson Carlson at 6:10 p.m. ROLL CALL Members present: Carlson, Doty, Goodman Staff present: Kathy Young, Assistant City Engineer BiII Roddy, Police Captain/Acting Police Chief Members absent: Richard Anderson Joseph Sturdevant Council Liaison: Bruce Kelzenberg, absent Mayor Gary Peterson present APPROVAL OF MINUTES Motion by Goodman, second by Doty, to approve the minutes of February 4, 2008, as presented. Motion passed unanimously. OLD BUSINESS PUBLIC HEARING TO INSTALL STOP OR YIELD SIGNS AT THE INTERSECTIONS OF TYLER STREET AND FOLK STREET AT 39TH AVENUE At the February meeting, the Traffic Commission called for a Public Hearing to consider the installation of traffic control signs at the intersections of Tyler Street and Polk Street at 39`" Avenue. The neighborhood concerns are speed of traffic, accidents at uncontrolled intersections and Tyler Street being used as bypass for the traffic signal at 37t" and Central. The Police Department reviewed the accidents at each intersection and the records show that the accident rate has been consistent thorough the years and higher than other intersections in residential areas. The majority of accidents are caused by the failure of one or both vehicles to yield at the uncontrolled intersection. Captain Roddy expressed concern with installing additional signage, that these signs are not effective measures for controlling speed. He also indicated that he felt it would be good to keep 21 Official Proceedings Columbia Heights Traffic Commission March 3, 2008 Page 2 39t" Avenue open going east and west. There are some visibility issues also because of the angle of north bound streets. Steve and Janet Craig of 3868 Tyler Street N.E. were present and indicated. there needs to be some type of control at the intersections and they will be happy with whatever decision the Commission makes, either yield signage or stop signs. Assistant City Engineer Young indicated that a basket weave design would work well on 39t" Avenue, allowing stop signs at Tyler Street and alternating with stop signs on 39t" Avenue at Polk Street. Mayor Peterson indicated he travels 39t" Avenue very often and it is a speedway. Yield signs would give those on 39t" Avenue open speeding. The basket weave design would deter traffic. * Joseph Sturdevant arrived at 6:25 p.m. Traffic speed information on 39t" Avenue was shared. The average speed between Buchanan Street and Johnson. Street was 24 mph . The highest speed was 38 mph. There were 871 vehicles traveling on 39t" Avenue during this time. Captain Roddy expressed concern over the number of accidents in the intersections on 39tH Avenue. There had been 8 accidents between 2004 and 2007 at the intersection of Polk Street and 39t" Avenue and 4 accidents at the intersection of Tyler Street and 39t" Avenue. Again he stressed that the slope and configuration of the streets does impede visibility. Motion by Carlson, second by Goodman, to recommend the City Council. approve the installation of stop signs on Tyler Street and Polk Street. Motion carried unanimously. Staff indicated that this item will be on the City Council agenda of March lOt" and urged interested residents to attend the meeting. If and when the signs are installed, flags will also be put up around the signs to draw motorist's attention to the new signage. Captain Roddy indicated that before any ticketing would begin, the Police Department will allow a month or two for motorists to become familiar with the new signage before enforcement would begin. OTHER OLD BUSINESS None. 22 Official Proceedings Columbia Heights Traffic Commission March 3, 2008 Page 3 NEW BUSINESS None. OTHER NEW BUSINESS None. REPORTS CITY ENGINEER Refreshments were served for Joanne Baker as she will be retiring from the City of Columbia Heights on March 28, 2008. POLICE CHIEF Captain Roddy indicated that the selection of a new Police Chief is still underway. ADJOURNIV~NT Motion by Goodman, second by Doty, to adjourn the meeting at 6:40 p.m. Motion carried unanimously. Respectfully submitted, Joanne Baker Traffic Commission Secretary 23 Approved 6/3/0$ COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES May 6, 2008 The meeting was called to order by Chair, Barbara Miller at 7:15 p.m. Members present were Barbara Miller, Catherine Vesley, Patricia Sowada, Lynette Thomson and Nancy Holum. Also present: Becky Loader, Stacey Hendren, and City Council Representative Bruce Kelzenberg. The minutes of the April I, 2008, board meeting were approved as mailed. The bill list dated 4/14/08 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 4/28/08 was reviewed. It was moved, seconded and passed that the bills be paid. Vesley requested the City of Columbia Heights be contacted about paying for the recent chimney repair. Loader clarified that the Library pays for the Polish newspaper and the Sister City pays for the PolAm newsletter. The accounting dated 5/6/08 was reviewed. Old Business: I . The Board appreciated the PLA reports given by Dana Weigman and Marsha Tubbs. Loader notified the Board of the scholarships that both Weigman and Tubbs received that will be reflected on next month's accounting sheet. Sowada and Thomson mentioned that they had thanked Gary Gorman for his recent support of the Library. The Board discussed the City of Columbia Heights' current building projects and the use of the facade from the old Columbia Heights High School. The Board discussed archival signs anal their future placement. 2. Three new pages started training on May 1, 2008. 3. The proposed 2009 budget includes an increase in personnel due to reclassification of job positions, new contracts, and new positions. Marlene Moulton.- Janssen, ACL Director, and Jim Kordiak, County Commissioner will be guests at the June meeting to discuss the proposal for Anoka County to take over the IS (Information Systems) department of the Anoka County Library, and how it would effect CHPL. 24 New Business: I . The Library Board was very appreciative of the recent donation from the Columbia Heights Women of Today. 2. It was moved, seconded and passed that all staff except Pages be paid to attend staff day on August 22, 2008. 3. The Board was presented with a proposal to post pictures of the Library Board with their favorite books in the lobby of the Library. The Board was enthusiastic about the idea. The Board's pictures will be taken at the August meeting. The Board is requested to wear solid colored shirts, and to contact Hendren prior to the August meeting if they need the Library to provide a book. Items from the Floor 1. The Columbia Heights Jamboree Parade is taking place on June 27, 2008. Weigman has secured a flatbed donation, and the City of Columbia Heights will provide a truck with a good hitch. The Library has many supplies for decorating the flatbed with this year's theme "What's Cookin' at the Library. 2. The Board received the March Crossover Statistics. The Library gate count continues to increase. 3. In previous years the Library Board has selected officers in even years. Officers were elected in 2002, and 2005. In order to get back on track officers will be elected. in October 2008. There being no further business, the meeting was adjourned at 8:01 p.m. Respectfully submitted, Stacey R. Hendren Secretary, 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, p~°ograrns, and activities. 2 25 PLANNING AND ZONII'dG COMIVIISSION 1W]ILINUTES OF THE REGULAR MEETING JUNE 3, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary}. Motion by Fiorendino, seconded by Schmitt, to approve the minutes from the meeting of May 6, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2008-0601 APPLICANT: DeMars Signs LOCATION: 4110 Central Avenue REQUEST: Site Plan Approval for signage INTRODUCTION At this time, DeMars Signs is requesting a site plan approval for new signage for a tenant at 4110 Central Avenue. The tenant space had been vacant for some time and is now occupied by Checks Cashed. The proposed new signage for the tenant space requires a site plan approval because the property is located within the Design Overlay Central Business District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. Properties in this area must also conform to the Design Guidelines. The proposed sign plan meets all the requirements of the Design. Guidelines, and for this reason is consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the CBD, Central Business District, as are the properties to the north and south and. east. The properties to the west are zoned R-4, Multiple Family Residential. The subject parcel is also located within the Design Overlay Central Business District, and is subject to the regulations for such properties. The City Code at Section 9.106 (P)(12) states that total signage in the CBD District shall not exceed two square feet for each front foot of tenant space provided in the multi-tenant building. The tenant space occupied by Checks Cashed is 22 feet in width. For this reason, the total amount of signage allowed for the tenant is 44 square feet. The applicant's sign plan indicates one wall sign totaling 19 square feet in area, meeting the minimum sign code regulations. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit internally lit box signs. The proposed wall sign consists of channel letters on a raceway, and is internally illuminated. The Design Guidelines allow for internally Pit channel letters, and therefore the sign plan meets the minimum requirements. 26 PLANNING & ZONING COMMISSION MINUTES PAGE 2 JUNE 3, 2008 FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for wall signs in relation to the color of the sign and the types of materials used to construct it. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Design Overlay Central Business District. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed signage meets all the minimum square footage requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. The signage plan conforms to all standards outlined in the Design Guidelines, therefore, staff recommends approval of the site plan for the Checks Cashed located at 4110 Central Avenue. Questions by members: Schmitt commented that several signs on that building never came before the Commission for approval. Sargent said maybe they were installed before the Design Guidelines were established or before the policy was changed requiri~ig signage in that district to come before the corrimission for approval. Sc,u~nitt brought up the example of the Hair Styling business that she thought recently put up a box sign, and that it never came before the commission. Sargent stated he would check on it and report back to the commission. He reminded members that if they re-faced an existing sign, it would not have to be approved by the commission. Public Hearing_Opened: No one was present to speak on this. Public Hearing. Closed: 27 PLANNING & ZONING COMMISSION MINUTES PAGE 3 JUNE 3, 3008 Motion by Fiorendino, seconded by Schmitt, to waive the reading of Resolution Na. 2008-PZ09, there being ample copies available to the public. All ayes, MOTION PASSED. Motion by Fiorendino, seconded by Schmitt, to adopt Resolution No. 2008-PZ09, being a resolution approving a site plan for Checks Cashed located at 4110 Central Avenue. All ayes. MOTION PASSED. RESOLUTION N0.2008-PZ09 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 41 IO CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0601) has been submitted by DeMars Signs to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4110 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for Checks Cashed located at 41 l 0 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2, The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 3`d day of June 2008, Offered by: Fiorendino Seconded by: Schmitt Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson 28 PLANNING & ZONING COMMISSION MINUTES PAGE 4 JUNE 3, 2008 CASE NUMBER: 2008-0602 APPLICANT: CROS Companies, Chris Little LOCATION: 3'700 Central Avenue REQUEST: Screening Variance, Site Plan Approval INTRODUCTION At this time, CROS Companies is requesting a site plan approval fora 9,349 square foot neighborhood retail center located at the northwest corner of 37t" Avenue and Central Avenue. The subject property consists of five separate parcels of land, totaling approximately 0.65 acres. The three northerly properties are currently owned by the City of Columbia Heights and the southerly two properties are currently owned by Golden Holdings, LLC. As of May 5, 2008, CROS Companies has a purchase agreement with Golden Holdings, LLC to acquire the southerly two parcels, consisting of approximately 1.1,800 square feet. In addition, CROS Companies has a Preliminary Development Agreement with the City of Columbia Heights for the northerly three parcels, consisting of the balance of the site. The subject property is currently occupied by the former Chutney's restaurant, built in 1.914, and owned by Golden. Holdings, LLC. The remainder of the site is currently unoccupied, but was once the location for the Beecroft building and two single-family residences. This area has been designated as a primary redevelopment site by the City Council. The proposed project will consist of one contiguous building, which will contain a tenant mix of three to seven businesses, ranging in size from 1,200 square feet to 6,500 square feet, depending on the user. The applicant is also requesting a variance to the screening requirements outlined in the Zoning Code. Per code section 9.106 (M)(5)(a), all off-street parking areas containing six or more parking spaces and located adjacent to a residential or residentially zoned property, shall be screened along the boundary with the residential use. Required screening shall consist of a fence, wall, earthen berming and/or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. The properties to the west are residentially zoned and screening would be required to shield. those properties from the parking area. The variance requested by the applicant would waive the 80% opacity requirement. COMPREI~ENSIVE PLAN The Comprehensive Plan guides the property as Commercial. The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. ZONING ORDINANCE The property located at 3700 Central Avenue is zoned GB, General Business, as are the properties to the north and east. The properties to the west are zoned R-3, Multiple Family Residential, and the property to the south is located in the City of Minneapolis. The subject property is also located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined. in the Design Guidelines. PARKING. Properties located in the GB, General Business District are required to provide one (1) parking stall for each 300 square feet of gross floor area for retail entities. The total amount of retail space provided by this development is 9,349 square feet, which requires a minimum of 28 parking stalls. The site plan indicates a total of 34 on-site parking stalls, meeting the city's requirements. 29 PLANNING & ZONING COMMISSION MINUTES PAGE S JUNE 3, 2008 LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall also have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. The property at 3700 Central Avenue has approximately 367 feet of street frontage along Central Avenue and 37th Avenue, and incorporates 34 parking stalls. This requires seven regular trees and two over-story trees. The proposed plans indicate a total of 15 trees, five of which are over-story trees, meeting the City's minimum requirements. STORMWATER MANAGEMENT. The subject property is less than one acre in size, which means that on-site stormwater ponding is not required. However, the property is still required to control the rate of rainwater run-off from the property. The water from this property will be diverted south towards catch basins located in 37th Avenue. The rate of run-off will be controlled with the installation of grass islands containing a rain garden and heavy landscaping on the south side of the property. DESIGN GUIDELINES The property at 3700 Central Avenue is located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. Sorne of the following areas of interest are as follows: BUILDING PLACEMENT. Buildings should have awell-defined front facade with primary entrances facing the street. At intersections, buildings should "hold the corner" -that is, have street facades at or near the sidewalk on both streets. The building at 3700 Central Avenue will be placed very near the intersection of Central and 37th Avenues. The proposed placement of the building meets the Design Guidelines for the district. BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet, in order to give the impression of atwo-storied structure. The building for this project measures 22 feet in height, meeting this requirement. PRIMARY FACADES. Buildings should have awell-defined base, middle and top. The base, or ground floor, should appear visually distiret from the upper storYeS, through the use of a change in building materials, window shape or size, and intermediate cornice Line, an awning, or similar techniques. The base of the proposed building incorporates windows and brick columns. The upper level is visually distinct from the lower level through the use of awnings and a change in building material from brick to EIFS. BUILDING MATERIALS. The building will incorporate, brick, glass, and EIFS, which are all acceptable building materials for the district in which the building is located. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City to grant a variance. They are as follows: 30 PLANNING & ZONING COMMISSION MINUTES PAGE 6 JUNE 3, 2008 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. The developer held a neighborhood meeting with the residents abutting the public alley adjacent to the proposed development. A concern that the residents had regarding a six foot, 80% opaque fence revolved around security. A screening fence would create a "wall effect" along that portion of the alley, and would also greatly diminish potential areas used for snow removal. A concern that a fence would invite a place for people to hide behind or congregate was also the neighborhood 's concern b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The subject parcel is located on the border of Minneapolis and Columbia Heights and is adjacent to a residentially zoned parcel. Although there are other land situations similar to the subject parcel, this parcel is unique in that it is a corner lot with a lot depth of 109 feet. These conditions put an imposition on the property regarding the location of the building and parking area, leaving the only location of parking lot screening directly adjacent to the alley. 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 City Code requires the parking lot screening and also requires the proper setbacks for the parking lot and structures on the property. No person having a legal interest in the property has cattsed the hardship. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides the property as Commercial. The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. e) The granting of the variance will not be materially detrimental to the public welfare or ~r~aterially injurious to t he ej,joyrc~ert, use, developrrieilt or value of property or improveme~its iri the vicinity. The granting of the variance will ensure the public welfare by eliminating a potential dangerous situation by increasing visual sightlines for motor vehicle traffic, as well as eliminating the creation of a hiding spot for individuals along the public alley. FINDINGS OF FACT (Site Plan Approval) Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all setbacks, building density, and parking criteria pertaining to the Zoning Code. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Pian. 31 PLANNING & ZONING COMMISSION MINUTES PAGE 7 JUNE 3, 2008 The Comprehensive Plan guides the property as Commercial. The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of--way. The site involving the proposed development has been a redevelopment priority for the City of Columbia Heights and provides an additional 10,000 square feet of retail development along the major commercial corridor of Columbia Heights. The proposed plans for the construction of the new building meet all zoning and design guideline requirements. For these reasons, staff recommends approval of the variance to section 9.106 (M)(5)(c) as well as approval of the site plan for 3700 Central Avenue. Questions from members: Peterson asked for clarification on the need to place the building so close to Central Ave and 37th Ave, being this is a corner lot. Sargent explained that there are three districts under the Design Guidelines, and each one has different criteria. They are the CBD district (Central Ave from 37th - 43rd), the Highway district (Central Ave from 43rd-53rd), and the 40th Ave district (University to Central). The CBD district is also known as the Downtown District. In that area, the desire is to have the buildings located close to the street to make them pedestrian friendly and encourage walking traffic. Parking will be provided in the rear. The main access to the buildings will be in the front, however, the developer stated access will also be provided in the rear of the building. Peterson was also concerned about lighting of the parking lot area and that it could be intrusive to the residential properties across the alley in the rear. Sargent said the lighting plan was not part of this submittal, but that the foot candle requirements of the code would still need to be met. Chris Little, the developer, stated he had submitted a lighting plan earlier, but it was not included in the packet for this meeting. Peterson questioned the entrance and exit plan of the site and if headlights would shine into the properties to the west of the site. Sargent said the screening should reduce that from being a problem. He said that there may be some car headlights directed towards these properties, but that is the rear of those properties and there are mostly detached garages along the alleyway. Chris Little, also reviewed the entrance and exit pattern they hope to create on this site and that signs will be installed to encourage a smooth traffic flow. The plan is for vehicles to enter on the south entrance and to exit out the north opening, and to continue north through the alleyway. 32 PLANNING & ZONING COMMISSION MINUTES PAGE 8 JUNE 3, 2008 Schmitt asked the developer if a patio area was still part of the plan. Ne stated that plans have changed from the initial one he had for the site and he isn't planning one at this time. Parking restrictions limited that, and since there will not be a sit down restaurant, this shouldn't be an issue. He explained that the businesses located at this site will be quick stop, retail space. She asked if the sidewalk would go around the building from the parking area, and Chris stated, it would. Schmitt was happy to hear he had met with the residential neighbors of this site to discuss the best way to screen this site. She understood the reasoning to use the trees and garden areas as screening rather than the required fencing, and agreed it may be a better plan to keep the parking area more visible. Fiorendino asked that Sargent define what the hardship would be which is required to allow a variance. Sargent said that due to the location of the property and the size of the site, the requirement for fencing to screen the site is difficult to do and creates a safety concern for patrons and neighboring property owners. The fence would make it difficult for snow removal, for accessing the property, and for deliveries to be made. The fence would create a potentially unsafe area allowing for undesirable activity if not easily visible. Staff, the developer, and the neighbors all agreed on this issue. There was a discussion regarding future signage for the businesses that will be located in this retail center. Sargent explained that the commission could make a decision to allow staff to review and approve all. signage requests and to ensure they meet the requirements of the code. This would speed up the process and would eliminate the need to bring signage requests to the Planning Commission. It doesn't hold up requests for new construction projects such as this, but it does hurt new businesses moving into already established sites. Thompson was concerned about setting precedence in granting a variance allowing an alternative solution to the fence screening requirement. He wanted to hear from the neighbors themselves that they agree to the "no fencing" approach. He asked if anyone in the audience wanted a fence, and no one present did. Szurek was comfortable granting this variance and felt it is something that can be decided on a case by case basis as development occurs. Public Hearing Opened: Sandy Popa of 3812 Van Buren St said she is not concerned about the lighting or fencing issues. She is more concerned about passible empty store-fronts once it is built and how it would affect property taxes. And she was concerned about deliveries and additional congestion in the alley. Sargent responded. that it will not have an affect on her taxes at all. The property owner is still responsible for keeping his taxes current whether he has tenants in the spaces, or not. Chris Little said that most of the deliveries will be made by smaller box trucks in the parking lot. Any occasional semi trucks would need to park in the alley to unload as they cannot access the parking lot due to size of the site. Nancy King of 3717 Van Buren St said she is in favor of the re-development and she wanted to go on record that she does not want a fence installed as it would create more problems than not having one. She expressed her appreciation of the developer holding the neighborhood meeting to get the input of the residents abutting this development. Peterson asked her if she would be bothered by truck traffic or lighting issues. She said she would not. 33 PLANNING & ZONING COMMISSION MINUTES PAGE 9 JUNE 3, 2008 Steve Poppa of 3812 Van Buren St. asked if there would be spots reserved. for handicapped individuals. Sargent said the plan designates two spots on the north end of the site. Poppa then noted that it only shows three doors in the rear. Szurek responded that the drawing is conceptual at this point, as they aren't sure how many spaces (doors) will be needed in the building. Bill Johanneck of 3713 Van Buren St stated he is in favor of the re-development. There have been all kinds of problems on that site and he thinks if the new site is fenced, it would encourage the bad activity to continue. Wendy Howell of 3711 Van Buren St brought pictures of plants that may grow on that site. She said the plan to grow grass there will not work. Szurek stated that the garden and grass areas are designed for draining rainwater on the site. She said the green areas will be designed by professionals using plants and shrubs that will work for that site. Ms. Howell also agreed with the "no fence" option, but said she is concerned that trucks will block access to their properties. Peterson thanked developer, Chris Little, for putting forth the effort to involve the neighbors in his planning process. Public Hearing Closed: Motion by Thompson, seconded by Peterson, to waive the reading of Resolution No. 2008-PZ10, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Thompson, seconded by Peterson, to adopt Resolution No. 2008-PZIO, being a resolartion approving a site plan for a new retail center located at 3700 Central Avenue. All ayes. MOTION PASSED. RES~LUTI~N N0.20®S-FZ10 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A RETAIL CENTER AT 3700 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0602) has been submitted by CROS Companies to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3700 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a retail center at 3700 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan 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 34 PLANNING & ZONING COMMISSION MINUTES PAGE 10 J[INE 3, 2008 NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 3`d day of June 2008, Offered by: Thompson Seconded by: Peterson Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Motion by Thompson, seconded by Peterson, that the Planning Commission recommends that the City Council approve the variance to code section 9.106 (M)(S)(c), waiving the 80% opacity requirement for screening a parking lot for the property located at ~70~ Central A3'enZle, subl2ct to C2rtaln Ct3'n Z Ions of dt 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, inclzrding.• 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The six (6) Shaunting Maples indicated on the landscape plan shall be kept in good condition and shall act as a screening mechanism. 3. The island in which the Shaunting Maples are located shall be landscaped with grass and/or other nattcral landscape materials All ayes. MOTION PASSED. The following Resolution will go to the City Council Jzme 9, 2008. 35 PLANNING & ZONING COMMISSION MINUTES PAGE l1 JUNE 3, 2008 RESOLUTION N0.2008-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR CROS COMPANIES WHEREAS, a proposal (Case # 2008-0602) has been submitted by CROS Companies to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3700 Central Avenue LEGAL DESCRIPTION: On fife at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance to waive the 80% opacity requirement for a screening mechanism per Code Section 9.106 (M)(5)(c). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on June 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and il;teiit of tl;e Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that tl;e 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 become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The six (6) Shaunting Maples indicated on the landscape plan shall be kept in good condition and shall act as a screening mechanism. 3. The island in which the Shaunting Maples are located shall be landscaped with grass and/or other natural landscape materials. 36 PLANNING & ZONING COMMISSION MINUTES PAGE 12 JUNE 3, 2008 CASE NUMIE;ER: 2008-0603 APPLICANT: Nelson Building and Development LOCATION: 4707 Central Avenue REQUEST: Conditional Use Permit for Parking Ramp, Site Plan Approval INTRODUCTION At this time, Nelson Building and Development is requesting a Conditional Use Permit fora 219-stall parking ramp and a Site Plan approval for approximately 55,000 square feet of retail and commercial space located at 4707 Central Avenue. Originally, this property was included as part of the Grand. Central Lofts development and has always been planned. for commercial development. The current owner of the Grand Central Lofts sold the commercial component to Ehtesham Khoyratty, who will take over the development responsibilities for this parcel. The plans include two, two-story retail/commercial buildings. The northern building will contain a 17,000 square foot Aldi's grocery store on the first floor, with approximately 16,700 square feet of office space above it. A 5,200 square foot Buffalo Wild Wings will anchor the building to the south, with approximately 10,000 square feet of office space on the second floor. Located between the Aldi's grocery store and Buffalo Wild Wings, is enough tenant space for up to two additional retail stores, with the possibility of another restaurant occupying one of the spots. The 219-stall parking ramp will be a two-level structure and will serve the entire development. The ramp will be located behind and adjacent to the buildings with. access from Grand Avenue to the east, 47tH Avenue to the south and Central Avenue to the west. It is anticipated that the first level of the parking ramp will serve the retail component of the development, while the second floor of the ramp will serve the office users. COMPREHENSIVE PLAN The Comprehensive Plan designates the property as Transit Oriented Development. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. 2;Ol~IING ORDi~IANCE The property located at 4707 Central Avenue NE is zoned MXD, Mixed Use Development District, as are the properties to east. The property to the north is zoned. GB, General Business and the properties to the south are zoned R-3, Multiple Family Residential. The City of Hilltop is located to the west. PARKING RAMP. The Zoning Code at Section 9.11.2 (D)(2) allows for parking ramps as a Conditional Use in the MXD District. The Specific Development Standards at Section 9.107 (31) state the criteria in which the parking ramp must meet. These standards state the following: a) Parking ramp structures shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The property is located in the MXD, Mixed Use Development District. The setbacks in this district are regulated by the final site plan and development agreement approved by the City Council based on the fact that the p~•oposed setbacks p~•ovide adequate distancES ft•om uses in adjacent dist~•i~ts, and that the setbacks maintain and enhance the character of the neighborhood in which the mixed- use development is located. 37 PLANNING & ZONING COMMISSION MINUTES PAGE 13 JUNE 3, 2008 Given these standards, the setback of the parking ramp shall be determined through the site plan appraval by the City Council. Staff recammends approval of the suggested parking ramp setback, as it provides the best access to the site and blends in with the surrounding topographic features. b) Exterior facade materials shall be compatible with surrounding buildings. The parking ramp design is included with the overall design package for the development. The parking ramp is integrated into the development and serves both the first and second floors of the buildings simultaneously. Because the parking ramp has been designed as an integral part of the development, it shares the same bztilding materials and architectural features as the surrounding buildings. PARKING REQUIREMENTS. The Zoning Code requires one (1) parking stall for each 300 square feet of gross office/retail space and enough parking to accommodate 30% of a restaurant's seating capacity. The proposed development includes approximately 49,000 square feet of office/retail space and the Buffalo Wild Wings restaurant will have a seating capacity of 228 patrons. In total, this requires 215 parking stalls. The development, which includes the two-story parking ramp, provides for 219 on-site parking stalls. Twelve parking stalls adjacent to Central Avenue were proposed, but denied by MN DOT. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. The property at 4707 Central Avenue has approximately 1,000 feet of street frontage along Central Avenue, 47`" Avenue and Grand Avenue, and incorporates 219 parking stalls. This requires 20 trees and 11 over-story trees. The proposed plans indicate a total of 31 trees, 26 of which are over-story trees, meeting the City's minimum requirements. STORMWATER MANAGEMENT. Roughly 50% of the stormwater from this site will be collected in an underground infiltration system, with the remainder diverted to the City's storm sewer pipe located in Central Avenue. The City is currently working with the developer in order to upsize the diameter of the storm sewer pipe, which is currently at capacity use. SIGNAGE. Signage for the development shall meet the minimum city requirements for size, location and illumination. Signage shall be limited in size to two square feet of signage for each front foot of tenant space for each tenant, not to exceed 100 square feet per tenant. The Design Guidelines do not allow for internally illuminated box signs, but do allow for internally illuminated channel letters, backlit signs and halo-lit signs. The proposed development currently has two tenants, namely Aldi 's and Bz ffalo Wild Wings. In order to approve new signage for the building, each new tenant would need to apply for and receive Site Plan approval when they occupy a new tenant space. In order to save time, staff recommends that the Planning Commission approve a sign plan for the development that would meet the City's minimum standards. This would allow new tenants of the development to receive a sign permit without needing an additional site plan approval for signage. DESIGN GUIDELINES The property at 4707 Central. Avenue is located in the Design Overlay Highway District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following areas of interest are as follows: 38 PLANNING & ZONING COMMISSION MINUTES PAGE 14 JUNE 3, 2008 BUILDING PLACEMENT. Buildings shall have awell-defined front facade with entrances facing the street. Larger buildings may be oriented perpendicular to the street provided that at least one entrance facing the street is provided. The proposed buildings will be oriented so that their well-defined front facades face Central Avenue. The Aldi's building will be perpendicular to Central Avenue, but the main Aldi 's entrance will face the street. BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet, in order to give the impression of atwo-storied structure. The two buildings making up this development are both two-storied structures, meeting this criterion. PRIMARY FACADES. The base or ground floor of the building should include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. The proposed building incorporates all of these criteria, giving an appropriate mix of window coverage, projections, awnings and ornamentation suitable for the pedestrian scale. BUILDING MATERIALS. The building will incorporate rock face block, brick, stone, pre-finished metal panels and EIFS, which are all acceptable building materials for the district in which the building is located. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine findings of fact 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. The MXD, Mixed Use Development District allows for any permitted or conditional use allowed in any of'the commercial districts throughout the city. Parking ramps are conditional uses in the CBD, Central Business District. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan designates the property as Transit Oriented Development. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. (c) The use will not impose hazards or disturbing influences on neighboring properties. The parking ramp is located on the back of the property and will be at the same grade level as Grand Avenzre to the east. The incorporation of the design of the parking ramp into the rest of the development will considerably diminish any negative impacts to the surrounding 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 will not be diminished as a result of the constrzrction of the parking ramp. The parking rump will serve the general public wishing to use the services provided by the development. 39 PLANNING & ZONING COMMISSION MINUTES PAGE I S JUNE 3, 2008 (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 parking ramp design is included with the overall design package for the development. The parking ramp is integrated into the development and serves both the first and second floors of the buildings simztltaneously. Because the parking ramp has been designed as an integral part of the development, it shares the same building materials and architectural features as the surrounding buildings, and fits into the intended character of the area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 4707 Central Avenue NE meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The parking ramp's only purpose is to improve on-site circulation of traffic. Each parking stall and drive aisle width meets the city's minimum standards for construction. (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 parking ramp will cause a positive cumulative effect on uses in the immediate vicinity, as it will provide access to 55, 000 square feet of new office and retail development along Central Avenue. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the MXD zoning district. FINDINGS OF FACT (Site Plan Approval) Section 9.1.04 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: e) The site plan conforms to ail applicable requirements of this article. The site plan .meets all setback, building dersit;~, parking and Design Guidelines criteria pertaining to the Zoning Code. f) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan designates the property as Transit Oriented Development. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. g) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. h) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of--way. 40 PLANNING & ZONING COMMISSION MINUTES PAGE 16 JUNE 3, 2008 The Grand Central Commons site has been a redevelopment priority for the City of Columbia Heights and provides an opportunity for 55,000 square feet of new office and retail development along the major commercial corridor of Columbia Heights. The proposed plans for the construction of the two buildings and parking ramp meet all zoning and design guideline requirements, and. the parking ramp will be an unobtrusive service to the public. For these reasons, staff recommends approval of the Conditional Use Permit for the parking ramp as well as approval of the site plan for 4707 Central Avenue. uestions from members: Fiorendino stated he thought the design of the parking ramp was great. He liked the fact that trees will be placed to create green space between the street and building. He questioned if the sidewalk would remain along Central Avenue since MN DOT had rejected the proposal of the parking spaces. Sargent stated that MN DOT suggested the sidewalk remain. Schmitt sought clarification of the exit points from the site. She asked if MN DOT had approved the one off Central. Sargent said they approved an exit from the site on Central that would only go north. She then asked who would be responsible for blocking the median on Central Ave to prohibit left turns to the south. Kevin Hansen was present and stated that it is the developers responsibility to have that work done so that traffic will be directed in the right direction. There was a discussion regarding the signage for the site and whether or not to bring these requests before the Planning Commission for approval, or let staff process the requests. Sargent said staff already reviews the requests for size, colors, type of sign, and lighting. The only reason they are brought to the commission is because of wording in the Design Guidelines. It would shorten the process if staff could approve them. Schmitt felt strongly that all requests for the Design Guidelines Districts should still come before the commission. She said this has been a "hot issue" in the past and prefers to see the requests. Szurek agreed and doesn't feel it holds up the process as it only goes before the Planning Commission, not to the City Council. Peterson thanked the developer for submitting all the conceptual drawings for the site. He said it helps visualize what a project will look like. He was concerned about the parking area facing Grand Central Lofts. He thought the renderings showed a lot of white wall area that should be softened with more greenery. He asked if any thought had been given to establishing a rooftop garden area. Sargent said that is not a requirement in our code, therefore we could not force the developer to do that. He said it would add cost to the project as the design would have to account for the extra weight. Public Hearin~Opened. Tom Kurak resides at 15001 Sunfish Lake Blvd in Ramsey, but owns condos in the Grand Central Lofts building would also like to see more greenery around the parking ramp. He also hopes the lighting will be soft and not glare into the condo units. He thought Grand Avenue was a residential street, not for businesses that are open late. He wanted the ramp re-designed to have all the traffic exit onto 47`" Avenue instead of Grand. 41 PLANNING & ZONING COMMISSION MINUTES PAGE 17 JUNE 3, 2008 Sargent explained only the 2°d level of the ramp exits onto Grand Ave. and that will be used mostly by the offices on the second level of the business center during the day. The first level of the ramp will exit to 47`h Avenue and will serve the restaurants located on the first level of the center. He stated that the ramp can't be re-designed as they are very close to the minimum number of required parking spaces, and therefore, can't afford to lose any. He also reminded members, and those in the audience, that the site was zoned Mixed Use to allow for residences and retail/commercial space. This was established so residents would be encouraged to walk to local businesses and restaurants. Members agreed that most of the night traffic would exit to 47`~ Avenue. Public Hearing closed. Sargent explained that because the site is located in the MXD zoning district, the setbacks must be approved by the City Council. Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends the City Council approve the Site Plan for the commercial/retail facility located at X707 Central Avenue. All ayes. MOTION PASSED. The attached Resolution will go to the City Council June 9, 2008. RESOLUTION N0.2008-132 RESOLUTION OF THE PLANNING AND ZONING COD'IMISSION APPROVING A SITE PLAN FOR A 55,000 SQUARE FOOT OFFICE/RETAIL DEVELOPMENT LOCATED AT 4707 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0603) has been submitted by Nelson Building and Development to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of an office/retail development Located at 4707 Central Avenue. REAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 2008; WHEREAS, the Cin, Council has coa.sidered the advice and recomme..datioi.s of the Plamairg and Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit s11a11 become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal. of the permit. 42 PLANNING & ZONING COMMISSION MINUTES PAGE 18 JUNE 3, 2008 Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a parking ramp located at 4707 Central Avenue. All ayes. MOTION PASSED. The attached Resolution will go to the City Council JZ~ne 9, 2008. DRAFT RESOLUTION N0.2008-XX RESOLUTION APPROVING A CONDITIONAL USE PERNIIT FOR A PARKING RAMP FOR GRAND CENTRAL COMMONS LOCATED WITHIN THE CITY OF COLUMBIA HEIGHTS, D~IINNESOTA WHEREAS, a proposal (Case #2008-0603) has been submitted by Nelson Building and Development to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.112 (D)(2), to allow the construction of parking ramp at 4707 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2: The use is in han_non_y with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 5. 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 mamzer that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall. become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. 43 PLANNING & ZONING COMMISION MINUTES PAGE I9 JUNE 3, 2008 CASE NUMBER: 2008-0604 APPLICANT: City of Columbia Heights LOCATION: 825 - 41st Avenue REQUEST: Rezone Parcel from R-4 to PO INTRODUCTION In early 2008, the City Council explored many options in locating the new public safety building. After extensive research and site analyses, the former NEI School site, located at 825 - 41St Avenue was determined to be the best location. On February 6, 2008, the Planning Commission reviewed a proposal that created the Public and Open Space "PO" District throughout the City. The Council approved this zoning classification and all publicly owned parcels were converted to this classification. Parcels included in the PO District were: City Hall, Murzyn Hall, Public Works, the City Library, and all. public parks. The NEI site was not considered for the PO zoning classification because it had not yet been determined that the NEI site would be the location for the public safety building. At this time, the City of Columbia Heights requests to rezone the parcel at 825 - 41St Avenue from R-4, Multiple Family Residential to PO, Public and Open Space, in order to be consistent with placing all publicly owned parcels in the PO zoning classification. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property at 825 - 41St Avenue for Transit Oriented Development. The Comprehensive Plan guidance for this site will be amended during the 2008 Comprehensive Plan Update to reflect Park Use guidance. ZONING ORDINANCE When the zoning amendment is complete, the parcel at 825 - 41St Avenue will be PO, Public and Open Space. The newly created Public and Open Space District ordinance allows publicly owned and operated facilities as a permitted use. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property at 825 - ~tls` Avenue for Transit Oriented Development. The Comprehensive Plan guidance for this site will be amended during the 2008 Comprehensive Plan Update to reflect Park Use guidance. 2. The amendment is in the public interest and. is not solely for the benefit of a single property owner. The City of Columbia Heights owns all the parcels that would be affected by this proposed zoning amendment. The rezoning of this parcel is consistent with the zoning classification for all other publicly owned parcels. Being that the parcel will be used to sei ve the public, ii is to the public's interest to rezone the property. 44 PLANNING & ZONING COMMISSION MINUTE PAGE 20 JUNE 3, 2008 3. 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 with the proposed zoning classification. The existing use of the property is vacant land and has been so for the past several years. The proposed use of the land, as well as the existing zoning classification of the property within the general area, are consistent and compatible with the Public and Open Space zoning classification. 4. 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 the current zoning classification. The pzrrpose of the zoning amendment is to keep the consistency of including all the public uses throughout the Ciry in one zoning classification. Doing so would make the uses, setbacks and performance standards for the parks and other public uses consistent with one another. Redeveloping a vacant parcel with a public service use is in line with the general trend of redevelopment in the area. Staff recommends approval to proceed with the first reading of the Ordinance to re-zone this parcel. Questions from members: Schmitt asked why this property wasn't re-zoned in February along with the rest of the Public Service buildings. Sargent explained that at the time, it hadn't been decided what the site would be used for. Now that the Council has decided to locate the Public Safety building at this site, this is the first step that needs to take place before a site plan can be approved. Schmitt asked if it could be re-zoned after the building is constructed anal Sargent told her no. It would affect the design and placement of the building because the setbacks are different. Public Hearing Opened. Mary Pribula from 4141 Quincy St does not want the Public Safety building constructed at that site. She realizes that most of her issues need to be addressed at the Site Plan approval. She is concerned the noise from the emergency vehicles will have a detrimental affect on the neighborhood and bring down property values. The owners in the area were previously told this site would be used for a townhouse development and now they are changing the plan. She asked if a contractor had been selected yet. Sargent explained that the City Council is being aggressive in getting this project underway, but that a contractor had not been selected yet. He believes the Site Plan will be brought to the Planning & Zoning Commission at the July or August meeting. He said that staff has had several meetings with the Architect and the City Council regarding noise, lighting, and landscape issues. They are aware they must have as little impact on the neighboring properties as possible. Deb Miller from 4130 Quincy St does not want the Public Safety building constructed at that site. She, too, thought it would eventually be used for new residential properties. 45 PLANNING & ZONING COMMISSION MINUTES PAGE 21 JUNE 3, 2008 Joe Grote who resides at 4627 Chatham Rd, but owns a duplex at 4144 Quincy St, and is a parishioner at Immaculate Conception Church, also thought it was not an appropriate place to construct a Public Safety Building. He said emergency vehicles rushing out near a school and church with a lot of activity and people coming and going, was not a good plan. Sargent said staff has considered many options regarding use of sirens and response to emergencies. They have considered installing a flashing light system that would alert drivers and pedestrians to emergency activity. Peterson wanted to know if this is a preliminary plan to locate the Public Safety building at this site, or if it has been. designated as the actual site. Sargent responded that the City Council has decided to construct the Public Safety building at this site, and are moving quickly as the Fire and Police Depts. are in dire need of additional space. Staff has been meeting with the Architect to help finalize the plans for the building. The Public will have the opportunity to voice their opinions at the Public Hearing for the Site Plan Approval. Public Hearing Closed. Motion by Peterson, seconded by Thompson, that the Planning Commission recommends the City Council approve the first reading of the ordinance rezoning the property at 825 - CIS` Avenue from R--l, Multiple Family Residential to PO, Public and Open Space in order to accommodate the construction of a new public safety building. All ayes. MOTION PASSED. This will go to the City Council June 9, 2008 for the fast reading. ORDINANCE XXXX CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OP A CERTAIN PROPERTIES LOCATED AT 825 - 41st AVENUE NE SEC TION is WHEREAS, the City of Columbia Heights promotes the healthy and safety of its citizens by ensuring adequate public safety services; and WHEREAS, the rezoning of the subject parcel will enable the construction of a new public safety facility; and WHEREAS, the City of Columbia Heights recognizes that the PO, Public and Open Space zoning allows for public safety buildings as permitted uses; and WHEREAS, the City of Columbia Heights recent practice is to include publicly owned parcels in the PO, Public and Open Space District; and WHEREAS, the City of Columbia Heights has embraced redevelopment efforts as a means to revitalize the City's economic and social welfare vitality; and 46 PLANNING & ZONING COMMISSION MINUTES PAGE 22 JUNE 3, 2008 WHEREAS, rezoning the subject parcel from R-4, Multiple Family Residential to PO, Public and Open Space provides opportunity for redevelopment of a vacant property; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007-133, and is in the public interest and. not solely for the benefit of a single property owner; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from R-4, Multiple Family Residential to PO, Public and Open Space. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. CASE NUMBER: 2008-0605 APPLICANT: Archetype Signmakers LOCATION: 4000 Central Avenue REQiTEST: Site Plan Approval for signage INTRODUCTION At this time, Archetype Signmakers is requesting a site plan approval for new signage for the building located at 4000 Central Avenue. Fairview Pharmacy has recently moved into the Columbia Park Medical Clinic building and would like a sign to promote their business. The proposed new signage requires a site plan approval because the property is located within the Design Overlay Central Business District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. Properties in this area must also conform to the Design Guidelines for commercial-related activity. The proposed sign. plan meets all the requirements of the Design Guidelines, and for this reason is consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the CBD, Central Business District, as are all the surrounding properties. The subject parcel is also located within the Design Overlay Central Business District, and is subject the regulations for such. properties. The City Code at Section 9.106 (P)(12) states that total signage in the CBD District shall not exceed two square feet for each front foot of tenant space provided in the multi-tenant building. The tenant space occupied by Fairview Pharmacy is 93 feet in width. For this reason, the total amount of signage allowed for the tenant is capped at 100 square feet. The applicant's sign plan indicates one wall sign totaling 34.4 square feet in area, meeting the minimum sign code regulations. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit internally lit box signs. The proposed wall sign will not be illuminated, and meets all other aspects of the Design Guidelines. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan fneets all the Design Guidelines standards for wall signs in relation to the color of the sign and the types of materials used to constrzsct it. 47 PLANNING 8i ZONING COMMISSION MINUTES PAGE 23 JUNE 3, 2008 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Design Overlay Central Business District. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. The proposed signage meets all the minimum square footage requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. The signage plan conforms to all standards outlined in the Design Guidelines, therefore, staff recommends approval of the site plan for the Fairview Pharmacy located at 4000 Central Avenue. Questions from members: Schmitt questioned if the applicant is aware of lighting allowances for signage. Sargent said they are aware of what they can and can't have for signage. Public Hearing Opened. No one was present for this issue, Public Hearing Closed. Motion by Fiorendino, seconded by Peterson, to waive the reading of Resolution No. 2008-PZ12, there being ample copies available to the public. All aves. MOTION PASSED. Motion by Firoendino, seconded by Peterrson, to adopt Resolution No. 2008-PZ12, being a resolution approving a site plan for the Fairview Pharmacy located at 4000 Central Avenue. All ayes. MOTION PASSED. RESOLUTION N0.2008-PZ12 RESOLUTION OF THE PLANNING AND ZONING COMIVIISSION APPROVIl~TG A SITE PLAN FOR SIGNAGE AT 4000 CENTRAL AVENUE WTTHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0605) has been submitted by Archetype Signmakers to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4000 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for the Fairview Pharmacy located at 4000 Central Avenue. 48 PLANNING & ZONING COMMISSION MINUTES PAGE 24 JUNE 3, 2008 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan 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 TT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 3`d day of June 2008, Offered by: Seconded by: Roll Call: Ayes: Nays: Attest: CHAIR Marlaine Szurek SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Archetype Signmakers Representative Date 49 PLANNING & ZONING COMMISSION MINUTES PAGE 25 JUNE 3, 2008 CASE NUMBER: 2008-0606 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Establishment of Shoreland Overlay District INTRODUCTION The purpose of creating a Shoreland Overlay District is to promote the health, safety and general welfare of the citizens of Columbia Heights. The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the City to provide an ordinance geared towards the wise use and development of shorelands of public waters. One of the main goals of the City's Storm Water Pollution Prevention Program is to prevent, reduce and limit site erosion with different controlling methods. The establishment of a Shoreland Overlay District would greatly effect the control that the City would have over development in close proximity to Columbia Heights' impaired waterways, to ensure that safe construction methods are utilized in order to protect these water bodies. COMPREHENSIVE PLAN One of the overarching goals of the Comprehensive Plan is to promote the health, safety and general welfare of the citizens of Columbia Heights. Establishing the Shoreland Overlay District helps accomplish this by protecting the City's waterways. ZONING ORDINANCE The Shoreland District boundaries shall include all properties located within 1,000 feet of a designated waterway. The Shoreland Overlay District will regulate such properties if rainwater from those properties drains directly to the waterway in question. The following is a list of the designated waterways in the City of Columbia Heights: Silver Lake Sullivan Lake Highland Lake Hart Lake Clover Pond LaBelle Pond FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the overarching goals of the Comprehensive Plan is to promote the health, safety and general welfare of the citizens of Columbia Heights. Establishing the Shoreland Overlay District helps accomplish this by protecting the City's waterways. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The creation of the Shoreland Overlay District is not only an NPDES -Phase II requirement, it will ensure the hecelth, safety and generul we~irre of the public° by promoting positive construction practices in close proximity to the impaired waterways of Columbia Heights. 50 PLANNING & ZONING COMMISSION MINUTES PAGE 26 JUNE 3, 2008 3. 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 with the proposed zoning classification. The zoning classification of a particular property rs not changed with the proposed establishment of the Shoreland Overlay District. The underlying zoning will still be intact once the Shoreland District is established. 4. 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 the current zoning classification. The zoning classification of'a particular property is not changed with the proposed establishment of the Shoreland Overlay District. The underlying zoning will still be intact once the Shoreland District is established. Sargent reviewed the Ordinance briefly to point out the definitions of Shoreland properties, what constitutes impervious surfaces, and the Impact Zone. Staff recommends approving the first reading of the Ordinance to create the Shoreland Overlay District. Question from Members: This Ordinance is required by the State and would affect new construction, additions, changes to the grade, the ability of bringing in fill, or construction of accessory buildings. Major excavations would now require a conditional use permit. Properties in this overlay district would have all hard surfaces counting toward lot coverage including paved areas, gravel areas, decks, patios, and structures. Kevin Hansen told members that this should have been dealt with sooner, and that we held a space for it in our Zoning Ordinance, but never formally adopted it as part of the Ordinance. This will enable the City to deal with pollution to our water systems as changes are made that affect these areas. This Ordinance will complement the requirements from Rice Creek Watershed also. Kevin stated he is obligated to get this Ordinance and an Erasion Control Ordinance in place by June 30, 2008. When asked how this would have affected the Park renovations underway, he stated that it would have required the City to ©btain a Conditional jJce Permitfjr~t to dp the impr~vernentc. ~>>t the overall affect to the water systems would be the same. These renovations include steps to improve the drainage around the lake areas. Public Hearing Opened. No one was present. Public Hearing Closed. Motion by Peterson, seconded by Fiorendino,that the Planning Commission recommends the City Council approve the creation of the Shoreland Overlay District, which create a 1,000 -foot buffer around the impaired waterways in the City of Columbia Heights in order to impose construction standards suitable for protecting these lakes and ponds. All coves. MOTION PASSED. The following Ordinance will go to the City Council June 9, 2008. 51 PLANNING & ZONING COMMISSION MINUTES PAGE 27 JUNE 3, 2008 ORDINANCE NO. ~i;XXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I of the Columbia Heights City Code, is proposed to include the following additions. §9.113 OVERLAY DISTRICTS. (C) Shoreland Management Overlay District. (1) .Purpose. a. The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. b. Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in Minn. Stat. Ch. 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn. Stat. Ch. 462. c. Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as classified in Section 9.113 (C)(4)(b) of this Code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code. d. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other applicable regulations. e. District application. The shoreland overlay district shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 9 of this Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the shoreland overlay district shall be in addition to those established by the base zoning district, which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. f. Exemptions. 1.A structure or use which was lawful before adoption of this article, but which is not in conformity with the provisions of the Shoreland Overlay District, may be continued subject to Section 9.105 of this Code. 2.A property located within the Shoreland Overlay District that does not drain into a body of water listed in Section 9.113 (C)(4}(b}. (2) District Boundaries The boundaries of the shoreland overlay district within the city consist of the first tier of riparian lots abutting a protected lake or tributary identified in Section 9.113 (C)(4)(b) of this Code. The specific boundaries of the Shoreland Overlay District are shown on the official Columbia Heights Shoreland Overlay District Map in the Columbia Heights Zoning Code. 52 PLANNING & ZONING COMMISSION MINUTES PAGE 28 JUNE 3, 2008 (3) Definitions. For the purpose of this Chapter, certain terms and words are hereby defined: Words use in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory; and the word "including" shall mean "including, but not limited to". For the purpose of this district, the following definitions shall apply: (a) Accessory Building. A subordinate building or use, which is located on the same, lot as the principal building or use and is necessary or incidental to the conduct of the principal building or use. (b) Commission. The City of Columbia Heights Planning Commission. c) Commissioner. The Commissioner of the Department of Natural Resources of the State of Minnesota. (d) Council The Columbia Heights City Council. (e) Developmen& The making of any material change in the use or appearance of any structure of land including reconstruction; alteration of the size of any structure; alteration of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two (2) or more parcels. (~ Impervious Surface. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increase rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt or gravel roads. (~ Lot Coverage. The amount of impervious surface on a lot. (h) Ordinary High Water Level Minnesota State Statute 103G.005, subdivision 14 defines ordinary high water level as the boundary of waterbasins, watercourses, public waters, and public waters wetlands and: 1. The ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation ehanges from predominately aquatic to predominately terrestrial; 2.For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and 3.For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. (i) Shoreland Shoreland means land located within the following distances from the ordinary high water elevation of public waters: 1. land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and 53 Planning & Zoning Commission Minutes Page 29 June 3, 2008 2. Land within 300 feet if a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater. (j) Shore Impact Zone. The area between the ordinary high water mark and fifty (50) feet inland form the ordinary high water mark. (k) Structure. Anything constructed or erected which requires location on or underground or attachment to something having location on or underground. This includes an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. (4) Shoreland Classification System. (a) Public waters. The public waters of Columbia Heights have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the DNR Protected Waters Inventory Map for Anoka County, Minnesota. (b) Official Map. The shoreland permit district for the waterbodies listed below shall be shown on the Columbia Heights Map. Recreational Development Lakes Silver Lake General Development Lake Sullivan Lake Highland Lake Hart Lake Clover Pond LaBelle Pond (S~ Administration. Protected Waters Inventory I.D. # 83P Protected Waters Inventory LD. # SOP 79P 81P 686W 687P (a) Building Permit Required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not ezempted by this Code that occur within the shoreland district. Application for a building permit shall be filed with the Zoning Administrator or any staff persons designated by the City Manager on an official application form of the City, accompanied by a fee as set forth in Chapter 6, Article II of the City Code. Where required by law, the building permit application shall be forwarded to the applicable watershed district for review and comment. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use. (b) Variance. Variances may only be granted in accordance with Section 9.104 (G) of this Code. A variance may not circumvent the general purposes and intent of this Code. No variance may be granted that would allow any use that is prohibited in the underlying zoning district in which the subject property is located. (c) Conditional Use Permit. Conditional Use Permits may only be granted in accordance with Section 9.014 (~ of this Code. Conditional Use Permits are required to ensure specific development standards within the Shoreland Overlay Districts. 54 PLANNING & ZONING COMMISSION MINUTES PAGE 30 JUNE 3, 2008 (d) Notifications to the Department of Natural Resources. 1. Public Hearings Copies of all notices of any public hearings to consider variances, amendments, conditional uses, or special uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days prior to the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 2.Approva~ A copy of approved amendments and subdivisions/plats, and final decisions granting variances and conditional use permits under local shoreland management controls must be sent by the City to the commissioner or the commissioner's designated representative and postmarked within ten days of the final action. (~ Land Use District Descriptions (a) Allowed land uses within the shoreland district shall be determined by the underlying zoning district, as listed within Chapter 9 of the City Code. (7) Lot Area and Width Standards. (a) Lot area and width standards for residential development shall be regulated per the underlying zoning district in Chapter 9 of the City Code. (8) Placement, Design, and Height of Structures (a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a groposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site in not located in a shore impact zone. Structures shall be located as follows: 1. Required Setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. 2. Ordinary High Water Level Setbacl~ Structure setbacks (in feet) from the ordinary high water level are: Classes of Public Waters Structure Setbacks General Development Lake 50 feet Recreational Development Lake 75 feet 3. Height of Structures. Maximum allowable height for all structures shall be regulated per underlying zoning districts in Chapter 9 of the City Code. (b) shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fig nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 55 PLANNING & ZONING COMMISSION MINUTES PAGE 31 3UNE 3, 2008 1. Vegetation alteration. Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore impact zones and on steep slopes is not allowed. b~ In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water- oriented accessory structures or facilities provided that: (i)The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced, (ii)The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and the removal of plants deemed noxious under the Minnesota Noxious Weed Law. 2. Building permit Grading and filling and excavations necessary for the construction of structures and driveways under validly issued building permits for these facilities do not require the issuance of a separate shoreland grading and filling permit. 3. Conditional Use Permit Notwithstanding (2) above, a Conditional Use Permit will be required for those properties located in the Shoreland Overlay District for: a. Placement, removal or grading of more than 250 cubic yards of earthen material on developed property zoned R-1, R-2A or R-2B. b.Placement, removal or grading of more than 500 cubic yards of earthen material on undeveloped property zoned R-1, R-2A or R-2B. c.Placement, removal or grading of more than 750 cubic yards of earthen material on property zoned R-3, R-4 or LB. d.Placement, removal or grading of more than 1,000 cubic yards of earthen material on property zoned GB, CBD, I-1, I-2, or MXD. 4. Land alteration permit Notwithstanding (2) above, a land alteration permit will be required for: a. The movement of more than ten cubic yards of material on steep slopes or within shore impact zones. b. The movement of more than 50 cubic yards of material outside of steep slopes and shore impact zones. 5. Conditions. The following considerations and conditions must be adhered to during the issuance of building permits, land alteration permits, variances, conditional use permits, and subdivision approvals: 56 PLANNING & ZONING COMMISSION MINUTES PAGE 32 Jt1NE 3, 2008 a. Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers): (i} Sediment and pollutant trapping and retention. (ii) Storage of surface runoff to prevent or reduce flood damage. (iii) Fish and wildlife habitat. (iv) Recreational use. (v) Shoreline or bank stabilization. (vi) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. f: Fill or excavated material must not be placed in a manner that creates an unstable slope. g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must create finished slopes of less than 3:1 slope. h. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stet. § 103G.245. i. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. j. Placement of natural rack rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three (3) feet horizontal to one (1) foot vertical, the landward extent of the rip rap is within ten (10) feet of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three (3) feet. Must be done in accordance with other State and Federal regulations. A permit from the DNR is required. 57 PLANNING & ZONING COMMISSION MINUTES PAGE 33 JUNE 3, 2008 5. Connections to public waters Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations my be given only after written authorization has been obtained from the Minnesota Department of Natural Resources approving the proposed connection to public waters. (c) Stormwater management. The following general and specific standards shall apply: 1. General standards. a. When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. 2. Specific standards a. Impervious surface lot coverage shall not exceed thirty-five percent (35°/®) of the lot area, except as a variance, which shaIl comply with the following standards: (i) All structures, additions or expansions shall meet setback and other requirements of this Code. (ii) The lot shall be served with municipal sewer and water. (iii) The lot shall provide for the collection and treatment of stormwater in compliance with Chapter 9 of the City Code if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer and the underlying watershed district. (iv) Measures will betaken for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not limited to the following: ti. r'ippurtenances as sedimentation basins, debris basins, desilting basins, or silt traps. B. Installation of debris guards and microsilt basins on store sewer inlets. 58 PLANNING & ZONING COMMISSION MINUTES PAGE 34 JUNE 3, 2008 C. Use where practical, oil skimming devices or sump catch basins. D. Direct drainage away from the lake and into pervious, grassed yards through site grading, use of gutters and down spouts. E. Construction of sidewalks of partially pervious raised materials such as decking, which has natural earth or other pervious material beneath or between the planking. F. Use grading and construction techniques that encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. G. Install berms, water bars, or terraces, which temporarily detain water before dispersing it into the pervious area. a) When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that the constructed facilities are designed and installed consistent with the field office technical guide for the local soil and water conservation districts. b) Newly constructed stormwater outfall to public waters must provide for filtering or settling or suspended solids and skimming or surface debris before discharge. 3. Nonconformities All legally established nonconformities as of the date of this section may continue, but they will be managed according to Section 9.105 of this Code with the following exceptions: A.. Decks are allowed as a conforming use provided all of the following criteria and standards are met: (i) The principal structure existed on the date the structure setbacks were established. (ii) No other reasonable location for the deck exists. (iii) The deck encroachment toward the ordinary high water level maintains a minimum setback in accordance with applicable code sections and a maximum encroachment of ten (10) feet into the Shore Impact Zone. (9) Public Nuisance: Penalty (a) Any person who violates any provisions of this district or fails to comply with any of its terms or requirements shall be guilty of a misdemeanor, punishable by a fine of not more than 5500 or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each day the violation continues shall be considered a separate offence. (b) Every obstruction or use placed or maintained in the Shoreland Overlay District in violation of this Chapter is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appointed judicial action. (c) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent, remedy or remove any violation. Section 2: This ordinance shall be in full force and effect firom and after 30 days after its passage. 59 PLANNING & ZONING COMMISSION MINUTES PAGE 35 JUNE 3, 2008 NEW BUSINESS Sargent reminded members of the Joint meeting with the City Council to review the goals set forth in the update of the Comprehensive Plan. The meeting was adjourned at 9:30 p.m. Respectfully submitted, Shelley Hanson Secretary 60 CITY COUNCIL LETTER MEETING OF: AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: INSURANCE RENEWAL OPTIONS BY: WILLIAM ELRITE BY: ., ~ ~~ NO: ,., DATE: June 5, 2008 The City's commercial insurance policy with the League of Minnesota Cities Insurance Trust was up for renewal on June 1, 2008. At the work session of June 2°d various options for the City of Columbia Heights insurance coverage were discussed. The consensus of the council was to continue the excess general liability of $1,000,000, retain the current $1,000 deductible, and continue to waive the tort liability limit. The premium cost for these options will be approximately $42,768. This brings the total renewal premium to $257,226 as compared to the prior year's premium of $267,887. For the policy period of June 1, 2007 to June 1, 2008 the City had nine claims totaling $19,153. In December of 2007 the City received a dividend of $7,445.00 from the LMCIT for the policy period ending June 1, 2007. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-136, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-136, being a Resolution waiving the Statutory Tort Liability Limits. WEams 0806051 COUNCIL Attachments: Resolution 2008-136 Memo of 5/30/2008 Premium cost far 2008 Premium cost for 2007 List of Dividend Amounts List of Claims MN Statute 466.04 COUNCIL ACTION: 61 RESOLUTION N0.2008-136 BEING A RESOLUTION WAIVING TFIE STATUTORY TORT L ILITY L TS 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 have been waived. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby accept excess liability coverage limits of $1,000,000 from the League of Minnesota Cities Insurance Trust and the City waives the monetary limits of tort 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 , 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, City Clerk RES2007-xxCOUNCIL, 62 cry of coLUMBZA r~E1Gr~Ts DATE: MAY 30, 2008 TO: WALT FEHST CITY MANAGER FROM: WILLIAM ELRITE FINANCE DIRECTOR RE: INSURANCE RENEWAL The City's insurance policy is up for renewal on June 1, 2008. VVe have received a quote and various information related to the renewal from the League of Minnesota Cities. At last year's renewal the City Council chose to waive the statutory tort liability limits and to increase our total liability coverage by $1,000,000. Again, this year, the council is faced with the same decision. The chart below shows the cost of our basic insurance policy without waiving the tort liability limits and with no increase in the amount of liability coverage. The chart also shows the cost to increase our liability coverage by $1,000,000 and to waive the tort liability limits. Attached to this memo is the resolution that was adopted last year waiving the tort liability limits, the information from the League of Minnesota Cities regarding the options, and the new renewal premium summary. 2008 base premium $ 214,458 Add excess liability coverage of $1,000,000 $ 28,604 Subtotal $ 243,062 Waive Pori iiabiiiiy $ 14,164 T®ta~ $ 257,226 WE:sms 0508301CM 63 [,EAGUE OF MINNESOTA CITIES May 12, 2008 CONNECTING & INNOVATING SINCE 1913 First National Agency Re: City of Columbia Heights, Columbia 324 Oak Street Heights Economic Development Authority and Farmington, MN SS024 Columbia Heights Housing and Redevelopment Authority Effective Date: 06/01/08 RENEWAL PREMIUM SUNiIVIARY AND BINI}ER •'• Property • Mobile Property • Municipal Liability :• Automobile Liability +:~ UMl[J1M $200,000 all covered autos including unregistered +:~ Basic Economic Loss Benefits {PIP} all covered autos including unregistered • Automobile Physical Damage • Crirne • Bonds • Equipment Breakdown Excess Liability Limit:$1,000,000 Open Meeting Law Limit: 100% Liquor Liability Limit: Fireworks No Fault Sewer Backup •~• Deductible: $1,000. 60,331. 6,181. 93,273. 12,989 1,078. Included 17,113. Included. 1,873. 7,295. 37,b04. 1,079. 10,23 8, ZZS. 7,947. TOTAL , $257,226. TO~'I' LIMiT $I,20u,0v€I. i$I,2u0,0®0. REMARKS: DO NOT PAY UNTIL YOU RECEIVE INVOICES! SEE ATTACHED Renewal coverage is bound up to 60 days pending issuance of renewal based an LMCIT forrtls and practices in effect on renewal date. S' rely, derwriter Jk LMCIT22 (11/97}(Rev. 11/07} LEAGUE OF MINNESOTA CITIES 14SUNIVERSITYAVE.WEST eHONE:(bS1)z81-1200 rAx:(b51)281-1298 INSURANCE TRUST ST. PAUgqL~~. MI3 S5t03-2049 TOLL FREE: (HOO} 425-1222 WEB: WWW.EMCARC X11 CitllAl liDOltDTtI iJITY !!{CCI D'M'JI TILC A(`TlA/il GU DI AVCP June 5, 2008 First National Agency 324 Oak Street Farmington, MN 55024 Re: City of Columbia Heights, Columbia Heights Economic Development Authority and Columbia Heights Hauling and Redevelopment Authority Effective Date: 06/01/07 RENEWAL PREMIUM SUMMARY AND BINDER °`° Property • Mobile Property °:• Municipal Liability +:° Automobile Liability °:° UM/UIM 50,000 -Excluding unregistered vehicles °:° Basic Economic Loss Benefits (PIP) -Excluding unregistered. vehicles •:° Automobile Physical Damage °:• Crime °:° Bonds Equipment Breakdown Excess Liability Limit: 1,000,000 Open Meeting Law Limit: 100% Liquor Liability Limit: 1,000,000 Fireworks No Fault Sewer Backup $56,956. 6,066. 96,718. 15,004. 342. Not Covered. 19,777. Included. 1,753. 6,713. 41,710. 1,230. 13,153 225. 8,240. TOTAL $267,887. TORT LIMIT $1,000,000. /$1,000,000. Deductible: $1,000. 65 ~MCIT Dividends 12/15/2003 4,498.00 12/15/2004 6,287.00 12/15/2005 13, 520.00 12/15/2006 3,956.00 12/10/2007 7,445.00 5-Year Total $35,706.00 Current Year 6/01/2007 to 06/01/2008 Claim Date Total Incurred Deductible Subro Net Claim 9/19/2007 Rossow, Daniel uto 1,023 -1,023 0 10/5/2007 Ellis, Peter & Johnson, Rachel Sewer Backup 3,164 -1,000 2,164 10/5/2007 Deer Meadow Holdings Sewer Backup 6,836 6,836 1/16/2008 CH-Pepin, Larry uto 2,897 -2,897 0 2/10/2008 CH-Nightengale, Terence uto 2,431 -1,000 1,431 2/15/2008 CH-Koppie, Paul Auto 103 -103 0 3/2/2008 Comstock, Rosemary Liability 0 0 0 3/31 /2008 Cordova, Clever Fire Hydrant 1,049 0 -1,049 0 4/25/2008 CH-Hanson, Erik Auto 0 0 0 Total for Year 17,503 -2,103 -4,969 10,431 Comstock, Rosemary Reserves 550 CH-Hanson, Erik Reserves 1,100 19,153 66 200711~Iinnesota Statutes 466.04 MAXIMUM LL4BILITY. Subdivision 1. Limits; punitive damages. (a) Liability of any municipality on any claim within the scope of sections 466.01. to 466.15 shall not exceed: (1) $300,000 when the claim is one for death by wrongful act or omission and $300,000 to any claimant in any other case, for claims arising before January 1, 2008; (2) $400,000 when the claim is one for death by wrongful act or omission and $400,000 to any claimant in any other case, for claims arising on or after January 1, 2008, and before July 1, 2009; (3) $500,000 when the claim is one for death by wrongful act or omission and $500,000 to any claimant in any other case, for claims arising on or after July 1, 2009; (4) $750,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 1998, and before January 1, 2000; (5) $1,000,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2000, and before January 1, 2008; (6) $1,200,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2008, and before July 1, 2009; (7) $1,500,000 for any number of claims arising out of a single occurrence, for claims arising on or after July 1, 2009; or (8) twice the limits provided in clauses (1) to (7) when the claim arises out of the release or threatened release of a hazardous substance, whether the claim is brought under sections 115B.01 to 115B.15 or under any other law. (b) No award for damages on any such claim shall include punitive damages. Subd. la. Officers and employees. The liability of an officer or an employee of any municipality for a tort arising out of an alleged act or omission occurring in the performance of duty shall not exceed the limits set forth in subdivision 1, unless the officer or employee provides professional services and also is employed in the profession for compensation by a person or persons other than the municipality. Subd. lb. Total claim. The total liability of the municipality on a claim against it and against its officers or employees arising out of a single occurrence shall not exceed the limits set forth in subdivision 1. Subd. 2. Inclusions. The limitation imposed by this section on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort. Subd. 3. Disposition of multiple claims. Where the amount awarded to or settled upon multiple claimants exceeds the applicable limit under subdivision 1, paragraph (a), clauses (2) to (4}, any party may apply to any district court to apportion to each claimant a proper share of the total amount limited by subdivision 1. The share apportioned each claimant shall be in the proportion that the ratio of the award or settlement made to each bears to the aggregate awards and settlements for all claims arising out of the occurrence. History: 111a c ~~d<5 .s' -t; 19%f> c' '(i-{ .s I -3; l 9 ~' i <' 1 ' I ,t <<Y; 1 l8 c' 3 r I .s_J~ 3; 1 t1:Y~ ~ ~t-1-~; 1 ~r~9 c .3'5.5 ~+.11; .1_tJ~1.' c~'f.t1 s_,,=1; ?(1ft~_i,'3,~ s NOTE: The amendment to subdivision 1 by Laws 2006, chapter 232, section 2, is effective January 1, 2008. Laws 2006, chapter 232, section 2, the effective date. Copyright ©2007 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved. 67 CITY C®UNCIL LETTER Meeting of: 6/9/2008 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPAR NT° CITi' AGER NO: PUBLIC WORKS ~~'~ s' .. r ,,~' ITEM: ACCESS CONTROL AT MUNICIPAL SERVICE BY: K. Hansen BY: '` "-"~" ;;~"< CENTER FACILITY DATE: 6/4/08 DATE: Background: In 1999, the City of Columbia Heights installed proximity card reader access control at the public entrances to City Hall. The proximity card reading system provides increased control and security of access during normal and after hour's use of City Hall. When the system was installed, it was premised that the Public Works building, the library, and Murzyn Hall would benefit from a similar access control system in the future. With the completion of the Municipal Liquor Stores, the City has added computer- monitored security and similar access control at the two new facilities. Analysis/Conclusions: Public Works initiated a review of the Municipal Service Center to provide similar access control. As a result of this review, staff requested proposals from vendors to provide proximity card readers at five exterior manway doors and two overhead garage doors - one on each level. Marco and THC Integrated Access Systems submitted proposals that would be compatible with the existing City system. Marco's proposal totaled $17,088.31, for base access control and software system. Marco also provided additional pricing for optional access control to the water tower, pump and lift stations; optional software packages for video, as well as options for video surveillance. THC Integrated Access System's proposal totaled $18,525.35, for the base access control and software system. The 2007 Public Works budget included $18,500 for the proximity card system.. The Public Works project experienced a delay until 2008 as City Hall reviewed and updated its current software system along with establishing the needs for the two new liquor stores. At the end of 2007, the unexpended budget went into fund balance and will need City Council action to appropriate project funds for 2008. Recommended Motion: Move to appropriate funds from the 411 Capital Improvement Fund for this project and to authorize the Mayor and City Manager to accept the proposal and enter into a contract with Marco for access control and a security system at the Public Works garage, in the amount of $17,088.31, plus sales tax. KH:cb COUNCIL ACTION: 68 CITY COUNCIL LETTER Meeting of June 9, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman '° BY: _"~ ~-4 LICENSE ~'~ ~~ -.~' ~' ` ~'~ NO: DATE: June 3, 2008 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected ali violations and paid all fees due. RECOMMENDED MOTION: Move to issue arental-housing license to Peter Sax to operate the rental property located at 4131. Jefferson Street N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: 69 CITY COUNCIL LETTER Meeting of June 9, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ~ ITEM: Rental Housing BY: Gary Gorman BY:~, ' i Licenses NO: DATE: June 4, 2008 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for June 9, 2008. COUNCIL ACTION: ~_ 70 List of 2008 Rental Licenses to Approve Occupant' I.D. Properly Owner Name Property Address 30043 30158 10044 12006 20133 12015 20064 20066 10055 20049 20151 20119 10102 30039 20391 10199 30057 30074 12005 12072 12074 10134 10022 30063 20277 12122 Kleinman Realty Co./ Attn: Mark Jossart 4200 3RD Haji Azam 4616 Tyler Thomas Blomberg 4852 MONROE Charles Brockway 3879 POLK Chris Cornelius 4975 Tyler Belma Demirovic 4237 UNIVERSITY Kenneth Henke 4415 2 1/2 Kenneth Henke 4433 2 1/2 Lowell Johnson 4024 MADISON Nurhan Kasar 1215 CIRCLE TERRACE Kris Kienzle 1356 CIRCLE TERRACE Amy Knoll 4817 5TH Lawrence McCallum 4911 CENTRAL Joanna Rocha 501 MILL Timothy Schubilske 3920 ULYSSES Carolyn Sery 3828 Reservoir Wade Shatzer 1480 47TH Luis Sinchi 4534 MADISON Bruce Smith 3800 Tyler Sally Stark 4307 MADISON Mark Steffl 936 42ND Erika Thorn 1019 37TH VICTORY FUNDING LLC 1415 43RD Mario Valtierrez 3849 EDGEMOOR Cynthia Wilcox 4512 MONROE Joseph Yang 3902 Reservoir 06/04/2008 10:14 ~ ~ Page 1 List of 2007 Rental Licenses to Approve Occupany t.D. Property Owner Name 10048 Allan Butler 20052 Dwight Larson Properly Address 4308 6TH 660 47 1 /2 06/04/2008 1013 72 Page 1 CITY COUNCIL LETTER Meeting of: June 9, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: ~- NO: DATE: June 9, 2008 ,- - BY: r P , ~ f~;e.:.~ :~`° BACKGI20iJ1yD/ANALYSIS Attached is the business license agenda for the June 9, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008, Peddler Licenses for the Jamboree and the Carnival License. Please note the Carnival will only be operating 4 days this year (Thur-Sun). Also attached is a request from Matt Milner Sales (Jerry Johnson) who is requesting to have a "blanket" peddler's license to allow 2 or 3 people to sell under the one license. He has paid $50 for the one license pending the City Council's decision on this issue. 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. RECOM1ViENDED MOTION: Move ti3 approve the Items aS 1lsted on the bI.IsllteSS llceaise agenda for June ~, 2008 as presented. COUNCIL ACTION: 73 TO CITY COUNCIL June 9, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Minke Plumbing 2629 Crestview Rd, Harris *JSV Plumbing 1945 Bridgewater Blvd S., Camb. *J Scott Plumbing 24421 Quinlan Ave, Scandia *Pat Heiderscheid 30422 Xylite St, Cambridge Owens Co Inc. 930 E. 80th St, Bloomington MJ Micek Concrete 2426 TPC South, Blaine *Statewide Gas Service 201 W. Main St, Waconia *WV Nelson 4205 Pilot Knob Rd, Eagan *Gosiak Tree 9578 110th St, Little Fails *Xtreme Climbing Tree 1105 Evergreen Ln N, Plymouth *The Home Depot Bath Remodel 5167 Winnetka, New Hope PEDDLER'S LICENSE Jerry Johnson/Matt Milner Sales CARI~TIVAL LICENSE Family Fun Shows 20590 State Hwy 83, Mankato $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $50 ***see attached $200 74 May 19`x', 2008 Dear Sirs: I am applying again for my peddlers license to sell toys and balloons at the Columbia Heights parade on June 27't'. I have been a Columbia Heights Lions member since 1987, and have sold toys at this parade on and off for over 40 years. I am asking far a blanket fee permit of 50.00 to cover my 2 or 3 vendors rather than paying 50.00 each. Sales have been off the last number of years compared to what they were 5 or 10 years ago. So please consider this, and thanks for looking at this for rne. Sincerely, Jerty Johnson Matt Mil e Sales ~~ ~~ t~l ~ ~~~~~~' 75 CITY OF COLUMBIA HEIGI-ITS FINANCE DEPARTMENT COUNCIL MEETING OF: June 9 2008 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 126022 through 126197 in the amount of $ 934,178.34 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 76 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/05/2008 13:27:18 Check History GLOSOS-V06.74 COVERPAGE GL540R ******************************************************************************* * * * * L E A N N O * * * * * * * * L E A N N O * * * * * * * * L E A N N O * * * * * *** L E A N N O ******************************************************************************* Report Selection: Optional Report Tit1e.......06/09/2008 COUNCIL LISTING INCLUSIONS: Fund & Account .............. thru Check Date .................. thru Source Codes ................ thru Journal Entry Dates......... thru Journal Entry Ids........... thru Check Number ................ 126022 thru 126197 Project ..................... thru Vendor ...................... thru Invoice ..................... thru Purchase Order .............. thru Bank ........................ thru Voucher .................... thru Released Date ............... thru Cleared Date ................ thru Include Exp/Rev Closing Entries N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J LEANNO O1 P4 Y S 6 066 10 Y Y 77 ACS FINANCIAL SYSTEM 06/05/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check Hiatory GL540R-V06.74 PAGE 1 06/09/2008 COUNCIL LISTING CHECK NUMBER AMOUNT ALCORN BEVERAGE CO INC 126022 215.00 AMERIPRIDE INC 126023 107.89 ANDERSON/CARLA 126024 5.99 CAPITOL BEVERAGE SALES L 126025 28,684.15 CHISAGO LAKES DISTRIBUTI 126026 8,400.94 DANIMAL DISTRIBUTING INC 126027 680.52 DEX MEDIA EAST LLC 126028 506.11 EMERGENCY AUTOMOTIVE TEC 126029 1,985.56 FIRST NATIONAL INSURANCE 126030 1,000.00 FRIDLEY LITTLE LEAGUE 126031 450.00 GENUINE PARTS/NAPA AUTO 126032 128.60 GRIGGS-COOPER & CO 126033 12,929.48 HOHENSTEINS INC 126034 6,665.24 IDEARC MEDIA CORP 126035 71.25 INDEPENDENT SCHOOL DIST 126036 164,719.08 IPC PRINTING 126037 253.79 JJ TAYLOR DIST OF MN 126038 55,825.50 JOHNSON BROS. LIQUOR CO. 126039 31,845.24 JOHNSTON/ERIK 126040 1,338.00 MARK VII DIST. 126041 14,580.14 MEINHOLZ/WILLIAM 126042 23.23 MINNEAPOLIS COMMUNITY CO 126043 125.00 NEXTEL COMMUNICATIONS 126844 375.49 OFFICE DEPOT 126045 35.44 PHILLIPS WINE & SPIRITS 126046 1,777.74 PITNEY BOWES LOUISVILLE 126047 268.38 QUALITY WINE & SPIRITS 126048 8,533.97 QWEST COMMUNICATIONS 126049 849.75 RENEWED HARDWOOD FLOORS 126050 1,050.00 S & S WORLDWIDE 126051 114.13 SHAMROCK GROUP-ACE ICE 126052 571.46 STAPLES BUSINESS ADVANTA 126053 164.97 STRETCHER'S GUN'S INC/DO 126054 406.78 SURLY BREWING CO INC 126055 1,392.00 THREE RIVERS UMPIRE ASSO 126056 1,200.00 TRI COUNTY BEVERAGE & SU 126057 202.40 XCEL ENERGY (N S P) 126058 146.92 WELLS FARGO BANK 126059 4,546.43 ALLIED-BFI WASTE SYSTEMS 126060 89,779.01 AMERICAN BOTTLING COMPAN 126061 252.56 AMERIPRIDE INC 126062 45.30 ANDERSON/CARLA 126063 15.95 ASPEN MILLS, INC. 126064 81.90 ASSOC OF TRAINING OFFCRS 126065 475.00 BELLBOY CORPORATION 126066 3,725.05 BOURGET IMPORTS LLC 126067 1,053.00 CAPITOL BEVERAGE SALES L 126068 24,409.15 78 ACS FINANCIAL SYSTEM 06/05/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 06/09/2008 COUNCIL LISTING CHECK NUMBER AMOUNT CENTER POINT ENERGY 126069 30,045.98 CHISAGO LAKES DISTRIBUTI 126070 6,128.78 CITY OF COLUMBIA HEIGHTS 126071 138,073.01 CITY WIDE WINDOW SERVICE 126072 26.63 CLARK/SCOTT 126073 51.86 DANIMAL DISTRIBUTING INC 126074 480.44 DEX MEDIA EAST LLC 126075 102.35 DOMACE VINO LLC 126076 510.00 ESCHELON 126077 164.03 EXTREME BEVERAGE 126078 1,005.00 FLUEGGE/MICHAEL D 126079 1,300.00 GENUINE PARTS/NAPA AUTO 126080 87.17 GRIGGS-COOPER & CO 126081 294.63 HARVEY/ROBERT 126082 86.50 HOHENSTEINS INC 126083 7,696.45 JOHNSON BROS. LIQUOR CO. 126084 6,627.07 MARK VII DIST. 126085 27,494.68 MEDICINE LAKE TOURS 126086 1,316.00 MN CHIEFS OF POLICE ASSO 126087 58.58 MN DEPT OF ADMINISTRATIO 126088 388.45 NEEDHAM DISTRIBUTING CO 126089 159.00 OERTEL ARCHITECTS INC 126090 6,240.00 OFFICE DEPOT 126091 13.33 PAT KERNS WINE MERCHANTS 126092 682.00 PAUSTIS & SONS WINE COMP 126093 2,545.65 PETTY CASH - LIZ BRAY 126094 78.77 PHILLIPS WINE & SPIRITS 126095 2,727.82 QUALITY WINE & SPIRITS 126096 7,795.24 RICAL, INC 126097 594.00 SHAMROCK GROUP-ACE ICE 126098 555.10 SPRINT INC 126099 136.32 T-MOBILE INC 126100 186.22 TAFARRODI/ZAHRA 126101 1,000.00 TCC DISTRIBUTORS INC 126102 74.78 TUCCITTO WARREN & ASSOC 126103 1,353.24 UNIFORMS UNLIMITED INC 126104 585.70 VERIZON WIRELESS 126105 237.41 VINOCOPIA INC 126106 809.00 WINE COMPANY/THE 126107 3,871.15 WINE MERCHANTS 126108 8,320.10 XCEL ENERGY (N S P) 126109 15,727.25 ACE HARDWARE 126110 10.60 ADDCO LLC 126111 7,218.57 AMERICAN LIBERTY CONSTRC 126112 47,946.72 AMERIPRIDE INC 126113 79.37 ANOKA COUNTY LIBRARY 126114 272.92 ASPEN MILLS, INC. 126115 86.50 79 ACS FINANCIAL SYSTEM 06/05/2D08 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 06/09/2008 COUNCIL LISTING CHECK NUMBER AMOUNT ATLAS AUTO BODY, INC 126116 754.12 AUDIO EDITIONS 126117 1,368.86 BAKER & TAYLOR 126118 3,868.58 BAKER & TAYLOR ENTERTAIN 126119 35.23 BAUER BUILT TIRE & BATTE 126120 120.76 BLUEMELS TREE SERVICE 126121 11,896.22 BONESTROO 126122 3,159.00 BOUND TREE MEDICAL LLC 126123 129.10 BRAVER & ASSOCIATES LTD 126124 257.40 BRODART 126125 66.63 CCP INDUSTRIES 126126 64.54 CHAMBERLAIN OIL COMPANY 126127 77.54 CHURCH OFFSET PRINTING I 126128 480.00 CINTAS FIRST AID-SAFETY 126129 56.72 CLARK PRODUCTS INC 126130 30.37 COMMERCIAL STEAM TEAM 126131 2,234.33 CROWN TROPHY 126132 22.26 CUSTOM BUSINESS FORMS IN 126133 5,210.59 DEMARS SIGNS 126134 1,390.00 DEMCO, INC. 126135 302.26 DISCOUNT STEEL INC 126136 39.66 EBSCO PUBLISHING 126137 26.49 ELAN OIL COMPANY 126138 14,194.29 EMBROIDERY & MORE 126139 1,088.20 EMERGENCY AUTOMOTIVE TEC 126140 29.55 ENGINEERING REPRO SYSTEM 126141 82.06 FACTORY MOTOR PARTS INC 126142 325.72 FAIRS NURSERY & LANDSCAP 126143 795.00 FIRST NATIONAL INSURANCE 126144 1,000.00 G & K SERVICES INC 126145 73$.54 GENE'S WATER & SEWER INC 126146 10,896.60 GENERAL BOOK COVERS 126147 295.22 GENUINE PARTS/NAPA AUTO 126148 252.99 GOODIN CO. 126149 79.87 GTA 126150 102.38 HD SUPPLY WATER WORKS 126151 1,638.00 HERRINGER/GERRY 126152 35.00 HOME DEPOT #2802 126153 134.26 HOTSY EQUIPMENT OF MINN 126154 477.13 I.T. VERDIN CO INC 126155 515.00 INTEGRATED LOSS CONTROL 126156 378.00 ISANTI COUNTY EQUIPMENT 126157 429.66 JANWAY 126158 37.15 KENNEDY & GRAVEN 126159 410.00 KIMLEY-HORN & ASSOCIATES 126160 5,773.04 LIFT PRO 126161 153.68 LITTLE FALLS MACHINE INC 126162 1,588.28 80 ACS FINANCIAL SYSTEM 06/05/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 06/09/2008 COUNCIL LISTING MAC QUEEN EQUIPMENT CO. MEDICS TRAINING INC MENARDS CASHWAY LUMBER-F MIDWAY FORD MIDWEST LOCK & SAFE INC MINNEAPOLIS SAW CO INC MINNESOTA DEPARTMENT OF MINNESOTA PIPE & EQUIPME MORGAN/RUSSELL NATIONAL AUTOMOBILE DEAL NEW HORIZONS NORTHEASTER OFFICE DEPOT ORIENTAL TRADING COMPANY PIONEER RIM & WHEEL CO. QUICKSILVER EXPRESS COUR RANDOM HOUSE, INC RENAISSANCE FIREWORKS,IN RICOH AMERICAS CORPORATI ROYAL TIRE S & T OFFICE PRODUCTS IN SCHMIDTBAUER/SUE SPRINT INC SUN PUBLICATION INC BUTTER/ROSS M SZUREK/MARLAINE THOMSON GALE TRANS-ALARM INC TRUGREEN CHEMLAWN VARGAS/MARK VERIZON WIRELESS WATSON APPRAISAL WSB & ASSOCIATES INC WW GRAINGER,INC ZIEGLER INC CHECK NUMBER AMOUNT 126163 253.74 126164 400.00 126165 154.74 126166 422.11 126167 366.36 126168 11.25 126169 10,134.00 126170 106.50 126171 44.99 126172 78.00 126173 2,600.00 126174 80.00 126175 182.80 126176 196.75 126177 55.64 126178 34.22 126179 335.65 126180 176.77 126181 35.94 126182 761.09 126183 417.39 126184 16.70 126185 45.44 126186 530.60 126187 200.00 126188 35.00 126189 172.27 126190 19.73 126191 55.38 126192 28.00 126193 83.70 126194 600.00 126195 2,500.00 126196 153.56 126197 36,591.88 934,178.34 *** 81 ACS FINANCIAL SYSTEM 06/05/2008 13 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 06/09/2008 COLfNCIL LISTING CHECK NUMBER AMOUNT 934,178.34 RECORDS PRINTED - 000859 82 ACS FINANCIAL SYSTEM 06/0 5/2008 13:27:20 Check History FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 59,039.13 201 COMMUNITY DEVELOPMENT FUND 3,590.65 212 STATE AID MAINTENANCE 342.42 225 CABLE TELEVISION 2,353.24 240 LIBRARY 9,203.07 261 TWENTY-FIRST CENTURY PROGRAM 705.92 270 DARE PROJECT 65.00 412 CAPITAL IMPROVEMENT PARKS 48,985.10 415 CAPITAL IMPRVMT - PIR PROD 1,101.99 418 COMMUNITY CTR CAPITAL BLDG 164,719.08 420 CAP IMPROVEMENT-DEVELOPMENT 452.08 431 CAP EQUIP REPLACE-GENERAL 34,343.52 436 CAPITAL EQUIP REPLACE-LIQUOR 11,085.54 601 WATER UTILITY 24,741.79 602 SEWER UTILITY 1,158.42 603 REFUSE FUND 89,791.28 604 STORM SEWER UTILITY 2,858.18 609 LTQUOR 284,131.61 701 CENTRAL GARAGE 50,642.98 720 DATA PROCESSING 3,054.96 883 CONTRIBUTED PROJECTS-OTHER 1,739.37 884 IIQSURANCE 2,000.00 885 PAYROLL FUND 138,073.01 TOTAL ALL FUNDS 934,178.34 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CIiECKING ACCOUNT 934,178.34 TOTAL ALL BANKS 934,178.34 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 83 CITY COUNCIL LETTER Meeting of: 6/9/08 AGENDA SECTION: Other -Ordinances and Resolutions ORIGINATING DEPARTMENT' CITY MANAGER NO: PUBLIC WORKS ITEM: EROSION CONTROL ORDINANCE BY: K. Hansen BY: ~" f DATE: 6/05/08 DATE: Background: In 2001, the City of Columbia Heights implemented a storm water management ordinance based upon the League of Minnesota Cities (LMC) model policy. Section g of that ordinance contained specific erosion control provisions. In 2003, the first generation of our City's Storm Water Pollution Prevention Program, or SWPPP, was prepared and approved by the MNPCA. The original permit had a five year time cycle for renewal. As a result of a federal lawsuit against the MNPCA regarding the first permit cycle, we were required to update our 2003 plan in 2007. The MNPCA accepted our 2"d generation plan in December of 2007. Under our new permit, amendments to our existing Stormwater Management Ordinance specific to erosion control are required by June 30`h 2008. Analysis/Conclusions: An erosion control ordinance has been prepared which supplements our existing requirements of the Zoning Code with the following additions/clarifications: • New definitions have been added specific to erosion and sediment control. • Implements a permit process for land alteration activities. • Defines grading, erosion control and sediment control plan requirements. • Defines construction requirements following permit issuance. • Adds requirements for construction site waste control. • Clarifies erosion and sediment control inspection procedures. • Provides for an enforcement process specific to erosion and sediment control. A copy of the City's updated SWPPP, section 4a-1, is attached that indicates the requirements of the erosion and sediment control ordinance. Public Works recommends the first and second readings of the Erosion Control Ordinance for June 9`h and 23`d, 2008. Recommended _M_otion: Move to waive the reading of Ordinance #1$d7, the,-e being ample copies available to the public. Recommended Motion: Move to establish the second reading of Ordinance #1547, being an Ordinance amending City Code Chapter 9 of the City of Columbia Heights for June 23`d, 2008 at approximately 7:00 p.m. in the Council Chambers. Attachment: Erosion Control Ordinance City SWPPP BMP 4a-1 '~ COUNCIL ACTION: 84 ORDINANCE NO. 154'7 BEING AN ORDINANCE PERTAINING TO EROSION AND SEDIMENT CONTROL The City of Columbia Heights does hereby establish Section 9.106(Q) Erosion and Sediment Control of Chapter 9, Article 1, of the City Code to read as follows: (Q) Erosion and Sediment Control (1) PURPOSE During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded. soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fist-i and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in Columbia Heights. This ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Columbia Heights. This ordinance is to be used in supplement to the City Zoning Code, Chapter 9. ] 06 and to any other regulations as required by state agencies. (2) DEFINITIONS (a) As-Built Plans Record drawings of approved and as constructed improvements. (b) Best Management Practices (BMPs) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. (c) City Engineer A registered professional engineer with the State of Minnesota who has received training and is given authority by the City of Columbia Heights to review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. (d) Clearing Any activity that removes the vegetative surface cover. (e) Conservation Easement A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. (f) Construction Activity A disturbance to the land that results in a change in the topography, or the existing soil 815 cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. (g) Dewatering The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other MPCA permits to be discharged. (h) Erosion Control A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. (i) Erosion Control Inspector A designated agent given authority by the City of Columbia Heights to inspect and maintain erosion and sediment control practices. (j) Final Grade Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. (k) Final Stabilization: Ail soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; (1} Grading Excavation or fill of material, including the resulting conditions thereof. (m) Grading, Drainage and Erosion Control Permit A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erasion, runoff, and grading. Herein after referred to as "Grading Permit". (n) Grading, Drainage and Erosion Control Plans A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Columbia Heights "Zoning Ordinance" and City SWPPP. (o) Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. (p) National Pollutant Discharge Elimination System (NPDE5) The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. (q) Perimeter Sediment Control A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. (r) Permanent Cover Final site stabilization. Examples include turf, gravel, asphalt, and concrete. (s) Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. (t) Zoning Ordinance City Code detailing City specifications for all plan requirements. (u) Public Waterway Any body of water, including, but not limited to Lakes, ponds, rivers, streams, and bodies of water delineated by the City of Columbia Heights or other state or federal agency. (v) Rough Grade Excavation or fill of material to a condition suitable for general maintenance. (w) Sediment Control Measures and methods employed to prevent sediment from leaving the site. (x) Site A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. (y) Stabilized The exposed ground surface has been covered. by appropriate materials st-ch as mulch, staked sod., riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. (z) Standard Plates General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. (aa) Start of Construction The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; (bb) Storm Water Defined under Minn.. R. 7077.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. (cc) Storm Water Pollution Prevention Program (SWPPP} ski A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. (dd) Surface Water or Waters All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. (ee} Temporary Erosion Control Methods employed to prevent erosion. Examples of temporary cover include; straw, wood fiber blanket, wood. chips, and erosion netting. (ff) Waterway A. channel that directs surface runoff to a watercourse or to the public storm drain. (gg) Water Conveyance System Any channel that conveys surface runoff throughout the site. (hh) Wetland or Wetlands Defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. (3) PERNIITS (a) APPROVAL: No person shall be granted a Grading Permit for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements without the approval of a Grading, Erosion and Sediment Control Pian by the City of Columbia Heights. I. 5,000 square feet. 2. 500 cubic yards undeveloped land, or 50 cubic yards developed land. 3. Within 1,000 feet of a waterway (b) EXCEPTION: No Grading Permit is required for land disturbances under the amounts specified above, or for the following activities: 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four (4) or fewer inches of topsoil. 88 3. Existing nursery and agricultural operations conducted as a permitted main or accessory use. (c) APPLICATION REQUIREMENTS: I . Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm 2. A filing fee and security as outlined by the City's Zoning ordinance and paragraph (d) below. 3. A Grading, Erosion and Sediment Control Plan meeting the requirements of this ordinance. Each application shall include the required number of plans and other required materials as specified on the application farm. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Approved Grading, Erosion and Sediment Control Plan. (d) SECURITY: 1. The permittee will be required to file with the City of Columbia Heights an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current City ordinance for fee schedule. a. The security shall cover all costs of engineering and. inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the City of Columbia Heights. Such deposit shall be provided prior to the release of the Grading permit. b. Deposit shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected. 2. Individual lot developers shall be required to provide a bond with a building permit application. a. The securi ~ shall cover City costs for street sweepi~ig, instailatiott, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current City ordinance for fee schedule. b. The security shall be released after turf is established as specified in the City Zoning Ordinance. (e) PROCEDURE: The City of Columbia Heights will review each application for Grading Permit to determine its conformance with the provisions of this regulation and other applicable requirements. The City of Columbia Heights requires complete application no less than fifteen (l5} working days in advance of the desired Grading Permit date. Upon complete application, the City of Columbia Heights shall, in writing: Approve the permit application; 89 2. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 3. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with Appeal to the Columbia Heights Zoning Ordinance. (4) GRADING, EROSION AND SEDIlVIENT CONTROL PLAN REQUIltEMENTS (a} PLAN REQUIREMENTS: Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Grading, Erosion and Sediment Control. Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Columbia Heights. The Grading, Erosion and Sediment Control Plan shall comply with all of the NPDES General Storm Water Permit requirements for temporary erosion control, final stabilization and permanent water quality and include the following as applicable: 1. A natural resources map identifying soils, tree cover including size and type, significant native plant communities, and resources protected under other chapters of this code. 2. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. 3. All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of iritertnediate plans imay be required at the close of each season. 4. Seeding mixtures and rates, types of sad, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and. kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Columbia Heights Zoning Ordinance. 5. Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance. 6. Provisions far regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Erosion and Sediment Control Plan(s). 7. Modifications to the plan shall be processed and approved or disapproved in the same manner of this regulation, may be authorized by the City of Columbia Heights by written authorization to the permittee, and shall include: a. Major amendments of the erosion and sediment control plan submitted to the City of Columbia Heights. b. Field modifications of a minor nature. (5} CONSTRUCTION REQUIREMENTS (a) CONSTRUCTION SPECIFICATIONS: 1. Grading, erosion and sediment controls as specified in the City's Zoning Ordinance. 2. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the City Engineer. 3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 4. Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the City Engineer/City of Columbia Heights. 5. Soil stabilization shall be completed within 14 days of clearing or inactivity in construction. 6. Final stabilization on all sites shall become established within 6 months. The City of Columbia Heights may require the site to be reseeded or a nonvegetative option employed. 7. Seeding shall be in accordance with the City's current seeding specification as detailed in the Plan Requirements and Design Guidelines. Ali seeded areas shall be fertilized., mulched, and. disc anchored as necessary for seed retention. 8. Special techniques that nieei the desig~i criteria outlined in Plan Requirements and Design Guidelines shall be in place on steep slopes or in drainage ways shall be used to ensure stabilization. 9. Soil stockpiles which shall be inactive for a period of 7 or more days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights-of--way or waterways is prohibited.. 10. The entire site must be stabilized to a 70 percent coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 11. Techniques shall be employed to prevent the blowing of dust or sediment from the site. 91 I2. Techniques that divert upland runoff past disturbed slopes shall be employed. (b) WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS: The Pennittee(s) shall implement the following waterway and watercourse measures on the site: 1. A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. 2. Stabilization of the watercourse channel before, during, and within 24 hours after any in-channel work. 3. All on-site stormwater conveyance channels designed according to the criteria outlined. in the Plan Requirements and Design Guidelines. 4. Stabilization adequate to prevent erasion located at the outlets of alt pipes and paved channels. (c} POLLUTION PREVENTION MANAGEMENT MEASURES: The Permittee(s} shall implement the following pollution prevention management measures on the site: 1. Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. 2. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly stored., including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. 3. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. (~ INSPECTION (a) NOTIFICATION: The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the pennittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. (b) PROCEDURE: The Applicant shall inspect all permit sites once per week and within 24 hours after a rain event. The City shall also require inspections at other development benchmarks as follows. To obtain inspections, the permittee shall notify the City of Columbia Heights at least two working days before the following: 1. Installation of sediment and erosion measures 2. Start of construction 3. Close of the construction season 4. Completion of final stabilization/landscaping 5. Removal of erosion control measures 6. Final project compliance and acceptance close-out (c) MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates should be provided. (d) PERMITEE INSPECTION: The pernittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Erosion and Sediment Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Columbia Heights at the time interval specified in the approved permit. (e) AUTHORIZATION: Tlie City Engineer or Erosion Control inspector shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section B. (7} SITE MAINTENANCE (a) RESPONSIBILITIES: The permittee shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall provide the City Engineer with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping. (b) LAPSE: If the Grading permittee repeatedly fails to meet or maintain sediment and erosion control measures per the Approved Grading, Sediment and Erosion Control Plan, the City may, in its discretion, perform the work or contract to have the work completed and drawn down on the escrow deposit to pay any costs. 1. The Crty will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. ?. If the Developer does not reimburse the City for ally cost the City° i~icurred beyond that covered by the deposit, for such work within ten (10) days from the date notice of the amount owed to the City is mailed, the City may draw on the security to reimburse City for such costs. (8) CERTIFICATION (a) APPROVED GRADING, EROSION & SEDIMENT CONTROL PLAN: Plans for grading, stripping, excavating, and filling work bearing the approval of the City Engineer shall be maintained at the site during the progress of the work. (b) AS-BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty (30} days after completion of site development as per the approved Grading, Erosion and Sediment Plan, and prior to the approval of individual building permits, the Developer 93 shall provide the City with an As Built Grading Plan and Development Plan as defined. in the City of Columbia Heights Zoning Ordinance. (c) PROCEDURE: The City will withhold. issuance of building permits until the approved certified As-Built Grading Plan and As-Built Site Development Plan are on file with the City, all securities as required by this ordinance are received, conservation posts installed and all erosion control measures are in place as determined by the City Engineer. (d} REMOVAL OF EROSION CONTROL MEASURES: The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Columbia Heights Zoning Ordinance for specifications. (9) E1~tJF®RCEiO~NNg' (a) STOP WORK ORDER/REVOCATION OF SITE DEVELOPMENT PERMIT. 1. In the event that any person holding a site development permit pursuant to this ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Columbia Heights may suspend or revoke the site development permit through the issuance of a stop work order or the revocation of Site Development or building permit. 2. The City of Columbia Heights City may draw down on the Grading Permit security, with 30 days written notice to Developer, for any violation of the terms of this Contract related to landscaping if the violation is not cured within such thirty (30) day period or if the security is allowed to lapse prior to the end of the required term. if the security is drawn down, the proceeds shall be used to cure the default. :i. No development, utility or street construction will be allowed and no building permits will be issued unless the development is in frill compliance with the requirements of this Paragraph. (b) VIOLATION AND PENALTIES: No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the City ordinance for fee schedule for ~~ each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. (10) 5EPARABILITY Tl3e provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk COLUMBIA HEIGHTS CITY COUNCIL LETTER MPPtt1'1S7 (1f' T11nP A 7(1nR ACJENDA SECTION: Other Ordinances and ORIGINATING DEPT.: CITY MANAGER Resolutions Community Development APPROVAL NO: ITEM: Approval of a Variance to allow less than BY: Jeff Sargent, City Planner BY: ~ ~, 80% opacity for screening at 3700 Central DATE: June 4, 2008 r Avenue. BACKGROUND: At this time, CROS Companies is requesting a variance to the screening requirements outlined in the Zoning Code. Per code section 9.1.06 (M)(5)(a}, all off-street parking areas containing six or more parking spaces and located adjacent to a residential or residentially zoned property, shall be screened along the boundary with the residential use. Required screening shall consist of a fence, wall, earthen berming and/or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. The properties to the west are residentially zoned and screening would be required to shield those properties from the parking area. The variance requested by the applicant would waive the 80% opacity requirement. The developer held a neighborhood meeting with the residents abutting the public alley adjacent to the proposed development. A concern that the residents had regarding asix-foot, 80% opaque fence revolved around security. A screening fence would create a "wall effect" along that portion ofthe alley, inviting a place for people to hide behind or congregate. Concerns regarding the types of activity that take place in an alley at night were also brought up, and the neighbors felt that a screening fence would only add to potential problems that could occur in that location. RECOMII~NDATION: The property at 3700 Central Avenue has been a redevelopment priority for the City of Columbia Heights. The requested variance is to appease the most affected homeowners adjacent to this redevelopment project and will serve to help promote the general safety and welfare of these individuals. For these reasons, staff recommends approval of the variance to code section 9.106 (M}(5}(c), waiving the 80% opacity requirement for screening a parking lot for the property located at 3700 Central Avenue, subject to the conditions as outlined in Resolution 2008-130. RECOMIl~NIDEB MOTION: Move to waive the reading of Resolution 2008-130, there being ample copies available to the public. Move to adopt Resolution 2008-130, approving a variance to code section 9.106 (M)(5)(c), waiving the 80% opacity requirement for screening a parking lot for the property located at 3700 Central Avenue, subject to the conditions outlined in Resolution 2008-130. ~ccucrcmems: rcerocurcon wvrs-13v; r-rG lvlemo; Locataon Map, J'ate Ylan, LtuilciinQ Elevations COUNCIL ACTION: 96 RESOLUTION N0.2008-130 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR CROS COMPANIES WEIEREAS, a proposal (Case # 2008-0602) has been submitted by CROS Companies to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3700 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance to waive the 80% opacity requirement for a screening mechanism per Code Section 9.1.06 (M)(5)(c). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on June 3, 2008; 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 particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same toning classification. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 97 Resolution No. 2008-130 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 become null and void if the project has not been completed within. one (1} calendar year after the approval date, subject to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The six (6) Shaunting Maples indicated on the landscape plan shall be kept in good. condition and shall act as a screening mechanism. 3, The island in which the Shaunting Maples are located shall be landscaped with grass and/or other natural landscape materials. Passed this 9t" day of June, 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 98 c=TY of coLUMB=a NEaGHTS P~aNN=NG REPOR-r CASE NUMBER: 2008-0602 DATE: June 3, 2008 TO: Columbia Heights Planning Commission APPLICANT: CROS Companies, Chris Little LOCATION: 3700 Central Avenue REQUEST: Screening Variance, Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, CROS Companies is requesting a site plan approval fora 9,349 square foot neighborhood retail center located at the northwest corner of 37th Avenue and Central Avenue. The subject property consists of five separate parcels of land, totaling approximately 0.65 acres. The three northerly properties are currently owned by the City of Columbia Heights and the southerly two properties are currently owned by Golden Holdings, LLC. As of May 5, 2008, CROS Companies has a purchase agreement with Golden Holdings, LLC to acquire the southerly two parcels, consisting of approximately 11,800 square feet. In addition, CROS Companies has a Preliminary Development Agreement with the City of Columbia Heights for the northerly three parcels, consisting of the balance of the site. The subject property is currently occupied by the former Chutney's restaurant, built in 1914, and owned by Golden Holdings, LLC. The remainder of the site is currently unoccupied, but was once the location for the Beecrott building and two single-family residences. This area has been designated as a primary redevelopment site by the City Council. The proposed project will consist of one contiguous building, which will contain a tenant mix of three to seven businesses, ranging in size from 1,200 square feet to 6,500 square feet, depending on the user. The applicant is also requesting a variance to the screening requirements outlined in the Zoning Code. Per code section 9.106 (M)(5)(a), all off-street parking areas containing six or more parking spaces and located adjacent to a residential or residentially zoned property, shall be screened along the boundary with the residential use. City of Columbia Heights Planning Commission June 3, 2008 Chris Little Variance, Site Plan Approval Case # 2008-0602 Required screening shall consist of a fence, wall, earthen berming and/or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. The properties to the west are residentially zoned and screening would be required to shield those properties from the parking area. The variance requested by the applicant would waive the 80% opacity requirement. COMPREHENSIVE PLAN The Comprehensive Plan guides the property as Commercial. The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. BONING ORCINANCE The property located at 3700 Central Avenue is zoned GB, General Business, as are the properties to the north and east. The properties to the west are zoned R-3, Multiple Family Residential, and the property to the south is located in the City of Minneapolis. The subject property is also located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. PARKING. Properties located in the GB, General Business District are required to provide one (1) parking stall for each 300 square feet of gross floor area for retail entities. The total amount of retail space provided by this development is 9,349 square feet, which requires a minimum of 28 parking stalls. The site plan indicates a total of 34 on-site parking stalls, meeting the city's requirements. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree far every 50 feet of street frontage or fraction thereof. Parking areas shall also have a minimum of one over-story tree far each 20 spaces or fraction thereof as well. The property at 3700 Central Avenue has approximately 367 feet of street frontage along Central Avenue and 37th Avenue, and incorporates 34 parking stalls. This requires seven regular trees and two over-storyy trees. The proposed plans indicate a total of 15 trees, five of which are over-story trees, meeting the City's minimum requirements. STORMWATER MANAGEMENT. The subject property is less than one acre in size, which means that on-site storrnwater ponding is not required. However, the property is still required to control the rate of rainwater run-off from the property. The water from this property will be diverted south towards catch basins located in 37th Avenue. The rate of run-off will be controlled with the installation of grass islands containing a rain garden and heavy landscaping on the south side of the property. Page 2 goo City of Columbia Neights Planning Commission June 3, 2008 Chris Little Variance, Site Plan Approval Case # 2008-0602 DESIGN GUIDELINES The property at 3700 Central Avenue is located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following areas of interest are as follows: BUILDING PLACEMENT. Buildings should have awell-defined front facade with primary entrances facing the street. At intersections, buildings should "hold the corner" - that is, have street facades at or near the sidewalk on both streets. The building at 3700 Central Avenue will be placed very near the intersection of Central and 37th Avenues. The proposed placement of the building meets the Design Guidelines far the district. BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet, in order to give the impression of atwo-storied structure. The building for this project measures 22 feet in height, meeting this requirement. PRIMARY FACADES. Buildings should have awell-defined base, middle and top. The base, or ground floor, should appear visually distinct from the upper stories, through the use of a change in building materials, window shape or size, and intermediate cornice line, an awning, or similar techniques. The base of the proposed building incorporates windows and brick columns. The upper level is visually distinct from the lower level through the use of awnings and a change in building material from brick to EIFS. BUILDING MATERIALS. The building will incorporate, brick, glass, and EIFS, which are all acceptable building materials for the district in which the building is located. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact 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. The developer held a neighborhood meeting with the residents abutting the public alley adjacent to the proposed development. A concern that the residents had regarding asix-foot, 80% opaque fence revolved around security. A screening fence would create a "wall effect" along that portion of the alley, and would also greatly diminish potential areas used for snow removal. A concern that a fence would invite a place for people to hide behind or congregate was also the neighborhood's concern. Page 3 101 City of Columbia Heights Planning Commission dune 3, 2008 Chris Little Variance, Site Plan Approval Case # 2008-0602 b} The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The subject parcel is located on the border of Minneapolis and Columbia Heights and is adjacent to a residentially zoned parcel. Although there are other land situations similar to the subject parcel, this parcel is unique in that it is a corner lot with a lot depth of 109 feet. These conditions put an imposition on the property regarding the location of the building and parking area, leaving the only location of parking lot screening directly adjacent to the alley. 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 City Code requires the parking lot screening and also requires the proper setbacks for the parking lot and structures on the property. No person having a legal interest in the property has caused the hardship. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides the property as Commercial. The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. 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 variance will ensure the public welfare by eliminating a potential dangerous situation by increasing visual sightlines for motor vehicle traffic, as well as eliminating the creation of a hiding spot for individuals along the public alley. FINDINGS OF FACT (site Plan Approval) Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all setbacks, building density, and parking criteria pertaining to the Zoning Code. Page 4 102 City of Columbia Heights Planning Commission June 3, 2008 Chris Little Variance, Site Plan Approval Case # 2008-0602 b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides the property as Commercial. The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of-way. RECOMMENDATION The site involving the proposed development has been a redevelopment priority for the City of Columbia Heights and provides an additional 10,000 square feet of retail development along the major commercial corridor of Columbia Heights. The proposed plans for the construction of the new building meet all zoning and design guideline requirements. For these reasons, staff recommends approval of the variance to section 9.106 (M)(5)(c) as well as approval of the site plan for 3700 Central Avenue. Motions: Move to waive the reading of Resolution No. 2008-PZ10, there being ample copies available to the public. Move to adopt Resolution No. 2008-PZ10, being a resolution approving a site plan for a new retail center located at 3700 Central Avenue. Motion: That the Planning Commission recommends that the City Council approve the variance to code section 9.106 (M)(5)(c), waiving the 80% opacity requirement for screening a parking lot for the property located at 3700 Central Avenue, 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: All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. Page 5 103 City of Columbia Heights Planning Commission June 3, 2008 Chris Little Variance, Site Plan Approval Case # 2008-0602 2. The six (6) Shaunting Maples indicated an the landscape plan shall be kept in good condition and shall act as a screening mechanism. 3, The island in which the Shaunting Maples are located shall be landscaped with grass and/or other natural landscape materials. ATTACHMENTS ^ Draft Resolutions ^ Location Map ^ Site Plans ^ Building Elevations Page 6 104 3700 Central Avenue 3968 39 8 3967 3970 6 3964 3963 3964 G O U L D 3960 3959 3962 3961 3958 3959 3956 3955 3956 3957 3952 3952 3953 3951 3951 3948 3949 3946 3947 3944 3943 3942 3943 3938 3938 3939 3932 3934 3935 3934 3935 3939 3930 3931 3930 3931 3928 3923 3922 3923 3924 3921 3918 3918 3917 3914 3915 3912 3919 3911 3911 3910 ~.,~tiE,F~ ,f,, 3907 3906 ~n 0 as , - 3901 3900 ca'n O o 3900 ' ~° 3901 H Z O (n U 850 3850 3844 3842 3838 3834 3830 3824 3820 3818 3812 3810 3806 3800 3728 3722 3716 3714 3710 3700 00 N c0 O N 950 0 °oooo ~~~~ (A W 3940 ~ W O r M d' 0 0 0 0 T r r r 6 o '~~'~ 0 1^ ~ d9 ~ 3900 O? 39TH ~ 3853 3854 3853 940 950 3850 ~ ~ 38~ 3847 3851 ? J ~ V, 8 ~ 3841 3844 3847 ~0 ~ 3827 ~ `8 `~~ 3839 3841 30 ,~ ~ ~ 3835 3837 3`~?8 ~'S s`r 3829 38?O ~ ~S 3828 3825 8 ~9 `~8i ~ 3823 ~ ~ ` 8~ 8 X ~' 3819 808 `'8?j v~ 3815 z ~'8?~ ~'8~0 3807 38 7 3801 3 j S ~~®O `~8® 3 J 3701 d8 9 '~~~ OS O Q" , Z ~ 3722 ~ ~ ) 3j , `~7 3j `~O `~ ,JO W 3721 3717 3718 ~ ~ !(~ , ~`~~' 3, `~~? 3713 3711 3710 W U ~ ~ ~ ~ 3 ?) ) O ? ~ d)~ ~`~ 3706 ~ ~' ~ ~/ j V Q ~ 3705 3701 3700 __ 3701 -~ 3701 ~'~ 961 ~ _ _ _ Location Map 105 COLUMBIA HEIGHTS DETAIL COLUMBIA HEIGHTS, MINNESOTA CONSTRUCTION PLANS FOR: RETAIL DEVELOPMENT SHEET INDEX CO-i COVER SHEET Ct-i EXISTING, CONDITK7NS Ci-2 REMOVAL PEAN C2-/ StiE PLAN C3-i GRADING AfJD DRAINAGE PLAN C41 UTILITY PLAN CB-i PROIECI UE(AILS ll-i LANDSCAPE PLAN GENERAL NOTES t. Thexe Cnnslmctinn Plans were pm nred fmm a Gdd survey prepared by Loucks Aswclales and recorJ utihry drawings fmm Bsc City of Columbia Heights 2. We have shown buried structures and utiiitlas on andbr e fog the site to the best of our abilRy, wbfaxt to the following restridirms: a, Utility operators do not consistently respond to locate quests through the Gopher State One Call service fro bountlary purposes wch as this. b. Those utllity operators That do respond, atren wlli not locale wrvices fmm Their main Tine to the custortlers slmdure or (ndliry-they consider those segmen6 private insralladoass that ara ouuVde their lurisdltllon. if a private service to an adJainerh site crosses this site or a service to this sire crosses an adloiner, it may urn ba located slow most operators will not mark x~ch °privarer servires. c. Snow and iw wndi(fons during winter mnnRn may obswre otherwise visible evidence of a hurled slmclure r utility. d. Maps provided by opereton, dther along with a Reld lacatbn or in Ilea of such a location, ere very often inaccurate or Inconclusive. e. The sudaw features and elevations shovm on this drawing were located by Loucks AswcinMS. f. All of the underground utllity In(omSaGan and location shown on this plan were prepared Gum mmrd dmwings obtained from the ciieM and IFre City of Colmsrbin Heigl4s rea«~. g. EXTREME CAUTION MUST RF. EXERCISED BEFORE AN EXCAVATION TAKES PLACE ON OR NEAR TFIIS SHE. BEFORE DIGGINQ YOU ARE REQUIRED BYLAW 10 NOTIFY GOPHER STATE ONE CALL AT LEAST 96 HOURS INADVANCE AT651(454-0002. WARNING: THE CONTRACTOR SFIALL BE RESPONSIBLE FOR GiIING IOR LOGTIVNS OF ALL FXISTINOIRRITIES. THEYSHALL COOPERATE WITH Al l UTKItt COMPANIES IN MAINTAWING IMEIR SERVICE AND/ VR RELOCATIVN OF L WES. THE CONMACIOR SWLLL CONTACT GOPMFft STATE ONE CAILAT 651'1540882 AT LEAST 48 HOURS IN ADVANCE FOR THE lDGT10NS OF ALL UNOERCROVND WIRfS, GALES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER Bl1RIED SIRIJCNRE58FFDRf DIGGW4 7HE CONTRACTOR SHAEL REPAIR OR REPL.U3i THE AOOVE WHEN DAMAGED DURING CIX95TRl/CNIXt AT NO COST 1D TI IE OWNER vau rxa ~~ Gopher State One Call V i0.E m¢:%w=zs%enaa~ 106 Got IESCIW () ","' • ® Q Im® ~~ ®® ~ ~ • N a a gio U.~ >m W- m b ~~ F. Y -- `- ~!- -x .mn I _..... ..m,,,x -1. DEVELOPER CRpS CCIME'ANIES 522 LOMIANKI LANE CHRIS & RIGK LITTL[ MWNFAYCR.IS, MINNESOTA 55421 TEL:. 672-237-11 RS FAX: DESIGN CONSUL TANTS CIViI ENGINEER LOtKKS ASSOCIATES 721X3 fiEMLOCK LANE. ANDY M. gERENBERG P.E. SUITE 30D TEL: 761-424-5505 MAPLE GROVE, MINNESOTA 55369 FAX: 763A24-5622 ARCHITECT CNN ARCHITECTS 7300 W.147TH STRECT 101IN R. NATWICK SUITE SDA TEL: 952-431-4433 APPLE VALLEY, MINN. 55124-7500 FAX: 952-031-3683 GENERAL CONI RACTOR RW BUILDERS, LNG 31841 T24TH 5T. ROGER WINKElA4AN P.O.00X 20fi 7EL: 743.389-1873 PRINC[TON, MINN. 55371 FAX: T63-389-9434 APPROVED XEYIN HANSEN, P,E. DATE: CULIIMetA I4EICd9T5 Cftt ENr:INEER M Neme: Columbia Heights Retail I Columbia Hdghla, Minnesota CROS Comppanies Chris DRie 551 tamiaNA Laoa MInaN ih MlnneSfRa 5591{ Tel: 613~377.1fa5 .am ASSOCIATES .ramscw,0'~ "m9a ne ~ssir~n __. ~....ao:~a°oue,mn ~tA 1!~.+nr.wM..w mw.wur.w,..m ~- cma° ~' nMa ~~ war ~ Nt1 ~.~ _ r_adum..x.. s CDVerSheet 07-143 CO-1 VIfINI7V MAP ~ I i ~.w ~ i ~. I i Vii. , :. A *~ 8~ Ji •' .____________________ n oa . i ~. , 0 / [w, Par. . ,; ' •, ~:..~ ~•{ . wary i.ra,y .! {:. ( i 7C p9p i « _L. _ _a~' _ . `:' ' y \ .i' f --------------------------------~L~ ~ ~~ \\ °~ I '"~'~ '/ 7 _ ~+~kF~-.-.. ~ Z.} f ' L_------- . - ----------------- 1 'r c .i _, "• ____________________________tc, , r -- tti .. ~..y.. °rxrt _. Mixa`u n~~n~~'i '` rY xn.A ."'x {~ t ~\r \~.~ pYp ~ ~ \ 1 Y[pn % ~~\n ~ ~~ P rc.F `~a\ tit t a ,tmrwf o sn' .P9' R°n s yriim m x ar' i \\ .t. Vtlr,~ W' ~~ r,ro "r~W a PaF rnw ~~ 1 )/ ' Y~~ \ ~ 1 I ( Z~ e-Irv ~bl I 1~1 ~9 Q€) i I wl v I _ ~ 1 I~_ I I I ~I 1 -{ IN IF__I-11--I~~i 1_W-1 _I 1 F---11 5' g 97TH AVENUE NE $ 4 ~- J ------------ ~ p`--------~,rl I , -'9.--+.u.--,.raw °-A a EXISTING CONDITIONS GENERAL NOTES 1 PmNp NSmc: 1 1 Th I b Columbia Heights a . nfmnet n ep+rm an thle F.blb9 r:andlliin+ Plrn °ai Pnp°rad /rom a ALTAlACSN Land TNe Suety prepored by Loucks AawNalea/Liucka 4cbNm Retail and dalad November 1. IWT. U1811y btorrtmtbn Maven an IMO plan, mcp ae 8vnibxy Senw, Wolttmoh, Sloan Swim, Twcamoln, Etc. roe prevaetl by We IXly of Cabmbb Hv1Yht¢ Recon Pima. miity hlormotbn Mo+n on Iplu plm, eucD vv NaWml Cac xmMc Lhae. TWphma lhm, Fbwaplk Lbev, CYDk TeleNNm Lhon, Underground POWinaa, atw wpe auppllad w bcoktl by Cophor Stale Ono ~' t GNL Ib'[at NumbW )08$8110. Bu/tl!ng 0TI0 Cmlrvl Awm» NE. hoe beet nlaed MBHpHIPT9ON DP pR0lHNTY ^MHVHYHH O i IAMM, 1f, id, ty>nd lt,BbcY Di, Cammbk NN hY Apnn to MlMe[ aus, nnap.6nlmt ,xmanm. ¢ ' p p y 3 Columbia He fights, Minnewla ~sn a~.RE CRO C antes °~ ~ o r 1 ~tYN pp bd lnnurNnn Rek [IaP /. CemmupM H N ~i 27Ppi8 DD908 ib d,1 9 dal f B b g ldit i c D ~S y h r m w p a f i o Y i w i /179 aPt[m x i MImce 58an p ol hm a tel: fitl~I3I-1185 ` L rna Olbf+lantl[fNMLD,9fTry.fg4ero kelmD.lD rh e[rtS 0. paPlaun and l4a aelam atmp tlawlbn>areidawn hnein f i. Tht wrtlnf fbpmg im ipa +utlJrct propMly la 0.80 Ipenanl B4fAwff blftrkN pfr the ONy a ° Oam~le NntpAln lAnMg tlepetlmnll Dn Ibe tl+k of October ti, Igef,. The geAtral mY1m1W vm v ) te1WNY, pelga, and iloet aptt a Idpibn+imf+W [oning aeflgnellpn Warn ablifnad Nb hil8argent of Ma C4Y at0elwubl+Nil1D0xi PlannhNJ Oiprrbnanian 4m+Dar YS, LDDt+a fnlbxa ~4 ' BETBAOND ~ Hapl /i laa pi°AVa.L Blda 1$ ka tpanu[i 0.vi.1 ~Fs bop I Pk[ bk Hml rbflAWleN +n bje[I b mkrPHblbn by Mt aalep enmiikboror, i0. rc[Irlclbtlx YYP ih4 aHa mty haYi beM wplYed +r nmaN4YA imipgp + t8y prof.si +vah of N P,U.O. it+wrblue. Pfsaai rnrubit lAe ellykM anln9 dapnamani bcpnYrm whNMrPa nal thl '~ ~ tll. If em8ely fie comp%inea. w8h lny naNatlaaa epnklma hn ma eonmp aetlin+nau et N +m.mm~aa., ASSOCIATES i. iha Nrmbfr Yt parking ilaW 0.n th4 al+an wbll+WM iE TabI P+IUnp Bbdii. ' I~^°rw~Y~+ry ~r~~w R WINNWIppWp b4rktl e1lYalYrot>11tl YNiltwa OP>ntlbrNrvWg HW fHa to the Wlt of oYreWNly µ e W m w >s~ ubJax lbthn tolbWMynWitlbpt: +"" q pilNty opYltiPn de pit aiMklamly rsipopAblDVik nqufrb lhraaehlM 09phev 81alo 0n ,,, , ym e n r` ~~`ocwiivr'i° n,0. OMtnnlYi ivr ba+atl+ry 0.wposlf GYaB ai mir. 0) Tnafa YNDIy apanlon Ih[! tle [itpona bNie wNl na tbe+ta iervksf irpm map mnn grk t n..a«.,.n,meee.-• Wa EYBIemeM fkualYre of kaNKy .IAey CM[M+Y IYe9A lepnGnit prlYala kaeD+WDf iM t uttttla N l ktlklb I! N ~£'~ " k r plr e. a p YYk xrvleo m en +djebarY alt erofut pIY rite a iervin 1o t4d site crane. in adphmr, K may nal Fro baebd am[a mad gpaninn wIH a0. rr,.~::~ w ~^^ °1°'°' '- frM nbtA'pdviif` urWai, 4w°... e ~~ IRf enoW avd tai a+nambna dvlmg wNNer months pNry DOrcuro Ylhamlet WEIOb aWdance of DuriM flrbauro er ulYYy. IY ik x t b °~ ~ ~ ~ ~'^~„`g,.,,, ~~ ` A I pe ryryov n y opnrnm[, aI1R+r abuN w48>TxWlot+llon orb lN4 at npcb>Ibe?lion, ft YC o n tla tegmmaa orirrcaanbzM. Nt E% REM6 CAUTNiN MUHT BE EXERCIBEO 66POR8 AN EXCAYFiION TAKBD PLACE Ok p ' +~ ~n~ ~ ~ .--..~d.w as n NEAR TNi9 81TE, BEFORE ggplN0. TOU Nitl ilE0U1RE8 HY lAy1 tai NpIIPY ODPNE mi STATEONfi CALL AT LHASi fLIN)BRHWADYANeHATBDWl9AAOY. ,ytg mxatv,mw.ea _, ,__ ylj Pat dppNr 61e1e Ode4011 fleXat Na. T0t9921q fibs Ialbwlp6 uBYllea entl mupi[IlnUlb wart nontbd: -..__ - _ _... - 8t1ybi6ammbiaNelghMl iN3.Tf8df0D -- ~. ~ tllly of xtnbeapalff bifdTE-0f OD Cvmuvl; 694-RN-0IiS / N Wv Wnfta Oommlaibn: 10.1-ePi~611 - - -- / a+atu POmlEmrpp E11dGt-1188 I41~tE/•Ofii ' HYCaIEnMpy: ri3Jfl-0fiD -._._____ - / NPryy rtpoal 4 bet 6M " kmNre' tl Piw,p Npk tlnl buJltlMgbWftl ai-701 CaanNlAwlwa vbnac lxp mi Centnt Avam•NE pqh w"r~`+°w:w~,a~: ~~` A a P Gl[BI2F14A2142! ».+.a..,<„r-w fAk LL b ext4y le KpHI PRnpenTm6, LLE, > Wnpefale Iflallad WxNly apmpf ey, iei CYy p ° em Cohxnbb NaiHhLr, 37 amt Cmdnl, LLC. + Minnitoh Dmllaa IkbMlly eompiny, ami Oomminb P+Nnan Tlgp LLO end Lfwyfn i8N Magnnw Company ih+t on mi tit d+11~~ 1 NeymnbM, taaT, yae ipa propxty dfKYW1d M eoniaYk A Of ipa Qammpmenl hr TIW InemNme luued b li~~ ~ ~P Cnmmembl 9>tinero TIIN. LLC. No. 2Epl, delid 8aplemha 90., ff9T aW Ra. ifniA doe r ~ ~_ Ml .M hpbmb+r 2i, 101Trond INaI lhfl Nif m[0. m pxl+nd ipa ixmy art Whbh 11 p DAirY naro mnW i wv°n bintry NleblphfU natpab PB~ kd D ALTA a N S D6 y La N% r t xrn ~~IC-~ p en B In , apa IM tl / ae Heme t - B, 7~ D Y e~i1661 TaWa Alflfrobt.Fm>4eal la me AC[uleap Rbptl>rtln eY agbpllB by ALTA entl N6P6 >pdi t~lUS~ Neetl qn Wa deb 0.l mlr caNtlutla: uraengad bother cnlillvi Nd b mT Pmteadmml pblan, knd snmypr nBiftana W IDN 81 k o1 Atlnwxal+, Ib Rakllw ppaNbnil Arouncr 0.f mif rrrvN NpRTR rirsna rfaeae teal wmen bipvplnea l0anm~ u _ ,bN° n EO 90 _S._ ww.aoe,.nn =(_ uuWw, rZ~@-jP i . Jr. Nlnniaete fnn p. 9,SLE ~~ ow -~% I~m..n.. - _- _.. LEGEND 9CN,6 IN FRKT _ _~--~-- _ EEtJGIMANlC Tap ADt Hyffirm1 NE ~ ® CMCN B>Sm SmPU SEWED CpnwolVAnbawl8awleao'9]m ® SrmW AW:nbtE -.-SAWFMY SLHEn - AYA EMSpw1~gEArB ON.wrtroN dYexLE --1 WAnTNNN 3rZP :_ _ ~s ® wnrea YnmlaF - Existing Conditions Plan ~_ UNDENGYOUND iEt£Pfin m 21FPNONF PEDESraF -•u-UUDTPGRWND 60.5 NE -_~/ p PGVrtn PDl[ -•-CIWN pNKEtr~cu : ro DatL YFLtF ~-:.-wooD FEneE o xrmiY-n IvNCp[rE anD 07-143 ~ +' ~'1CONCPFFE ,, SPDTFkP,>pm, .~„-~NNiWN T ~T~ X C""i~ 1 C1-1 I ! I ~ ~.,. „,~ I I m _ ,"" I i `.r$:` v .` er , t I a« „~ ~~~ ,w' ~. -------------------------------~. ~r ., ;.. ~~ w I .=~ ~: .P~ ~ gyp, p~p,~p ~ ~ ... :.. --5~~~~ I'a4~ 1\ ~\ ~' j ~ .na .:: ~., ~ ~ .~ t;..• ~ ~ '~ ~ 1 ~ ~~ I ;, i ,Q i =. . 1 ;•11 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J -s ~ ~ \` \~ p .~~ ~ z~ ~ "'~d"' ~~., ~$I ~~~ Q~) I~-~~ X01 ~~I r I I Columbia Heights Retail ~_.__ ~~ ".~. ', NORTR CWumhla Hetght5, Minnesma 0 20 a0 _ ~~ ~~ CROS Compp a0ies Chris LiBle '. 9CAI.L IN NRx'f 552lnmNpkilane ' Mlnneeodlc Minnesota 55/2f T L 412-Ill-11BS rm nn I ~ ASSOCIATES I ~" REMOVAL PLAN LEGENll " emu" DESCRIPTION ®'°~ ~'~"~`~~ ' '. . . f b : . ..~..'~°ti 4 : ~ - ~ • x•x ~x •x ~x ~x ~x ~x ~x ~x ~x ~ REMOVE UTILITIES -~. ~,~»':er ®RUmvE ©s vE(FRamT TREE REMOVAL ~« ~-~:'«~.:. REMOVE STRUCTURE w,a REMOVE CONCRETE ='-°-=wd-"+°a"^"-- ~.++x` REMOVE RIItIMINOUS - - ~ ~x~x ~x x•x •x ~x ~x ~x •x ~x ~ REMOVE CURB AND GUTTER _ -_ 1 ~ NOTE: _ - ~~ ANY CITY SIDEWAEK DAMAGED DURING CONSTRUCTION TO __ BE REPLACED PER THE CITY OF COLUMBIA IIEIGI ITS ep spp,p.p: STANDARD DETAIL. ~-_~_-___-~_____-_„_, ~. REMOVE ENSi1N0 CONCRETE 1 wI>~ wBCaN~a AP"n" g 377'N AVENUL° NE _~ ~• ~ _ ------ - - ~ - ':~x n a.. ~ '~ ~pR~ , AA~ CNL BEFORE YUI M01 ~ Gopher State One Call RLL ,cG~__. ._ `~ ''fit" T0.L EdPETMF.~EeABa6T-~5,-Wa] sz- iep _ WARNING: ~.~ - TP{E CONTRACTOR SHALL BE RESPONSIBLE F9RCNLING FOR LOCATIONS OE ALL ""' - RRIES.THEM SHALL COOPERATE WITH ALL UTILITY COMPANIES IN __ AWNTAWIN(i iLtEBt SERVICE ANO (OR REIOGTION W UNFS. 1HE CONTRACTOR SHAIt COMACT GOPHER STATE ONE CALL AT 651.154-BW2 AT LEAST 48 HOURS INAOVANCE FOR THE LOGTIONS OF NL UNDERGROUND Removal Plan WIRES, GBLES, CONO(11T5. PIPES, MANIiDlES, VALVES OR OI{ IER BURIED STRUCIVRES BEFORE DIGGING. THE COMRACTOR SMALL REPAIR OR REPLAfi THE ABOVE WHEN ONMGEO DURINGCOiJSTRUC210N AT NO COST iOTME OWNER. 07-143 s ~v r~., __ _ C 1-2 I ( I I I 4 --~ I _ i ~~ r.,. ,,, , YSTV aRl wCEa~ ' % -----~-'ABtl'4S n~ - I 14 881E CONC. CURB m TYPICAL I9I mr PEO. IuRv Is a z } s° ° }~ .. I ( e^a ~ g ;~ _I - II o ~ ~ - - -- '°nV _I f~ 7 b r 1 d s4.91 I '-NANOICAP~ SICNACE ° IBEWALK T(1 _ uxE coxom s - ~-~-~ 1 { ~ ,~ RETAIL o ( I~ 6,084 SF ~, wo ,E QEI 1 ~~~ t i ~ ]F RETAIL I w 1,545 SF °_ ~~ I V (~~r, P i _ R3EWAUL TO RETAIL _ uXE coROln~Ns 1,720 SF a ~ I I 1/, t ~ ~~ ~~ ___~ _y._ _- - ~-II 1-~1_~-I _. 1 1 V g 87Tf1 AVENUE NE w _ «w tFfdddP ~ 1 rmku Nvdre: Columbia Heights ® ® Retail ® ~ 4 w N NDE17I C al m ^ Pa 0 20 40 ~w mvmx a_ ~ n~ ® ~ Culum6la Heights, Mim~ola 9CAI.E I N FEET o r CROS (Amppanles -~ Chris Lillle u ~ 553 LarAaNi line _ . t, 14- -I-- MlnllcaaoW MMnewte 554]1 YI 613.331-1105 CALL BFFWR YCN CIM -~ ~ A ocLATes 'a-~~' ~-_- __-_,= Gopher State One Call ai dT~T AXt,~~e - . - -,.si-- o " 'uz I~a°o"' m,o wun ss ~.wa •wM,~ ~e~ do .m~wx^..A^f "^ ~ w _ SRE PLAN GENERAL NOTES t Id**~ u +R ^v`a~~ wlm. SNEffiL 9.ae W wbol IB S4Y ,mhN~.M 6~ e ~ix ~ ien' - Pw•tra aYq e ~ Pwr xt ~ z TM1~~ ~ m ~ E NiWrpR mwq ~ feo P e Hobo ~ mo °w .u 1° °iu1° w'.T"~mMr~w• a° 1 ,~... ~"'9. . °~ '~ '°' ~ ~ a : _ v I~e.eor..m wm"° a.a: s .: ' , .,° ~ `97 ^ : m4,d 4 ~;Nn,~. ~N,,,~. m9~A< rte--~ Yvan Aw, P. A,~xw. ,,e EaR W REI A._ axdX .~ ,~a.r,~Yd~ _ ~ _- - ~ ~_~N. -__ >My m n~mau~ ~axvl. ma McIJI Flm, MYnY --. °~~~.a.iPn~.aM.~NaanPr,pwR~ ~. n~FyrnnY. a~a.LY.n,a~.~~:ow.mY ~ -- - y a • ~ w! rpM M ..l ( .~e..Bwl a eiw.4.) __ Pr on. ~ m,. L..a ~m...,mR~.Rm Pm ~.. Y~I. ~,. <ar Pam ~.~...~ ....m«w~. .. s.. wa wwmmw,. n. «a,.m,w anm. MY ~i;^~ ~ .aE m a~a e..l m ~ PmL ~ am ~. d .an utlml wN..m Yia. w.^dm.a,x~ ao „ : Awm...~m.N , w I Tn..a,Yew na .. xY i` n..mL Pyaa ..a wm, ra++ Pm d."'°.wE.,~mL. a a.`"dLF ,... dYmm,,, tW. . w..,a mm,.. a ,m., w~.lY„ ~a ... ama. Pb a a.... I~.I.,a9.,, ~ m.~n. AE Awe.. P~Lda Ax ^ ~a a m »Y *: w ~ t?:w'!r , . , pm. .L.I a .ww.a,~ ~ ts~.~a~.:l eG_R~,,.. r,al e: x~m.R -Lea-AMe ~ "mP- b ,qutoa b oWobt n cmmw Yom M aN n .. ~ ®:: T ti~~ ~m dY..Y..l m~a mos. aa„I n ... Y w Yw. nLndnY .a oTw Iw•a SL. l~ . wY. era ....,~. ~~`a~e':Er~N"YI N, ::` o+ n P~e - _. P~.e~a...m ~ .w.. P ~wP P, N Nelm N. (~ePWe . mre PmMn n b, McWn nmm N a, tlvm .. a.: ~,a~. tll, ~m. a rm0 -1- u~ _. _ L.a.ati. - p>a..rv.rvm..Y..o.-wi YiNnNwm ea ..,~.1. ,m,.~l. ,. ma,L.a -. _.. - P. m..Pwewme. Yonor mwY aro r.n Yuum mn non eels _ s..~I. cl-I oecs-I w wsro ~e .uiu.. a _ _ _ la rR .mmn. rvn .,a rvN. ea¢ aN• iwa.a Noe 3sw eaa sow} m WARNING: Sire Plan TFIE CONTRACTOR ~ NLL OE RFSPONSWIE FOR CAtIiNG FOR LOCATIONS OF Ai.i. EXISTING UTILII3ES. TtfEY SHALL COOPERATE WRN ALL UixfTY COMPANIES IN MAINTAINING 1HER3 BERYICE AND/OR RELOCATRTN OF LINES. THE CONTRACTCA]SHALL CONTACT Gp'HER STATE ONE CALL AT b51-454-0002 AT LFAST 9R HOURS IN ADVANCE iOR THE L~ATIONSOi Att UNOERGRW ND O>'"~ It3 WIRE5, G0lF5, GONOUNS,PIPES,MN:HOLFS, VALVES LNtORiER BURIED C,~ ,.~ ~ SiRUCTUNES BEFORE DIGGING. THE CONTRACTOR SHAtI REPNR OR REPUGE ~ THE ABOVE WTIEN DA]M[kD DURB4G CQNSTRULTIDN AT NOIXaST TOTIIE ~ - OWNER. ~~- ~, I / I / 4~ Columbia Heights Retail pNL tEailb NORT'II ~ 67 ~ 03Gi ®O 0 20 40 C ° nru sr°t,: tN e7;a2 9 ° p o Columbia Heigh[s, Minnesota _ Q 4U~~ H- p CRp$C~f~an Chrls Llflle p ss2 tlmanu Ewa Mbxan Mbmnwa 55421 p ek4 2-DI-U05 f. I. M ~.~_ ~ y~ ..,-..-.r.~ --- --- _._._._ _._.__ u ASSOCIATES N....,.awt„~„„,.w.l,w,,.,, L.a.,,.Nmw,n...m„,m,,,,, N~~,n UTIL(lY PLAN GENERAL NOTES - ~%^~= ~~",,, u m~ ».a, .lea ~.. a,e .tbmr wb» al..Iw.s q4 iu1o4 Pa U. nRUlrmn6 0l N° N 0°e a ply me eu °ImJUa wuwcalm er u. b1Y ~ ~~ e. uw.wb 1 a"` ~ °°' a~ w Nme I n b M1 .~ti~p.~7Tmr°'n -J:: "'sO' ...a.,e ° . , .an« ...,Mma an ww e. ~ ~ . ~ IN° Mdl W 60R°]S M wYM°IwJ wm ~i~t iW~ 4x• ~ 2p~ rwr meF _ %;"w~...W m...+, n w:~..°`{"a e«~ uN On mnbmt ~+°wk°bss 1u ,M~+w~ uuRl tlekb re W91y 1 NI u11pr pq ~q • cornPmlN wow a em pvutla nainlY F On m4 e1 q° iP Ybtunl~Mm NM !° tM rtrmq W Y l ~- - M Or nN ~n P (FAN 'Ar.TbBUn ~ GNn ThM b WtlN n Mwk 64 M'®In°6 roqubenaw° W W ° ~~cnp In«t.°~~n i:° =~~w~ne m :: i a _ - ~ q , nmb n~i m.m, a.ab b~u,s wbm out . __ -_ _ _. Y1v'. ~ aw wn....w. wm I..mn..l un awalr Ib. we. am°oYn,n - . . 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P0.YETIY 2 ~ - Sapn.avn~n M _ S7_ ~_ . ~~ ..._- CNE eEiORf YW LVp Gopher State One Call ~~ 1WN ptY MA e!I-404-0002 t0.! iPEfl-I-800-RS2-IN8 _._ ,.mwtM WARNING: UtiBty Plan THE CONTRACFOR St1ALL DE RLSPONSIOIE FOR CALLItX, FOR lOGl70N50F ALL E%ISFING Ui1LInt5. TNEY SHAIt COO]'fRATE WITN Alt UlIt1TY COMPANIES IN MARTTNNINC TNEIRSENVICE ANOIOR RELOCATION OF tTIES. THE CONtRAClONSHALL CONTACT GOPHER STAID ONE CMI AT fi5tA54An02 ~ 43 AT LEAST43 HWRS IN ADVANCE TOIL THE LOUliONS OFML UNDERGROUND WIRES UOLFS CONDURS PIP ~~- , , , ES,MN4IIOL[S. VALVES OR OTHER BURIED SIRUCFURES OEFORE DIGGING. THE CONFRACIOk SNAIL REPAm DR R[M.\CE t~_~~~ THE ABOVE WHW DAhiAGE000kINGCONSERUCFION AT NO LI?STTU THE OWNER. C4-1 sr reNs GTw wx yJaTmrcx ~; .~ k5R5-:~, i wg`~ m. aaw. «n ~ ~. Nort: 1Y~ ~ GT~l9 NAB 9EC910N YAnioICAtAip1 NANN lfP[ H iNMI M sms wu q ul x.. a m sAV,a,me r__ .,.,... ~u~ T L,~~~ 7YPi M GTOI MNN ~ .m,iir°o..~.~ '°~ a~i~m~~w°1ra i~ 9 ,~ aoPa¢o su{irenr ~WFR ssnw¢ TRwMnou Z.•.a$~F' ~ M ~~ng ~..W .._.... ~....,~ tea. wr. va '~~~~ b. .Wer s[crm xymr me ax l.~w, ~li~u->uur wM1x cgrcAE9E l+~ 'L• wa,.rm uv xa u..l. dP`7Ro~ ~.w . ow.r, ~. .e.. ,~ Glpl µ~ ~µyA~ WTSIDE DROP SANITARY _ - -'-~ ~~ e ~o~o. ~. '~''tti~w am • r ,a~~m Nr~uaLa rns s nwl 1 i s CATCH BASIN eu,rex~ L 1~ __- ~ ri-. __ ,_.. ~ kx u NATEPoI.IaN ~ nsuaiKx ®naoe~ ~uT~ \\ ~ - f ' , /// / 9~ aEl ~ / T[Am9 (o%'0.V.wroAW . ,Aruwaw ~ 'S i ` \ 3 \ -WEtn9Ki \4bwo ~~ re .was niv w,.rw~>ro> 0!!~i RNlIND NATfIWA-1 'E~ WATER SERVICE u r rn.s.u, u rimo ~n vw,v , w. vaw ENiftANDE WALR TIE BAR DETAIL PEDESTflIAN RAMP x •xew~n~•a~ w~mw~~rui w ,~., j ?- -d'p r.V:i~~ y,bA J PafAIE DRIVEWAY PPRDY DETAIL ~~ ~~+[-.-t-p er«. rcossmlMl RANV I .,m..R,e,en bA 'Lta SANITARY SEWER SERVICE r'i'm. ~~.x ,a +...u noa,..w HYDRANT k VN.VE INSTNAAiIDN pEiA1L .gym m «..+. s..a.x ~ .~. o r,.a r.n W - *~_ OtR® aJr rnR umunpTC~9 a+sw .. . N6H P09T W9fAWTNi OEIAE STANDARD N' p1A. SANITARY SEWER MANHOLE iaaa cnams omm _. DWI O ~ I 5[CIION A-A ~.M,..m,m~,. ualas vicec t9OPaNl£ W.Wt nE eM WeTNI unmaama~ v rxuS l f _ '~-~_ O~ _..~~~-~ ?FXfR 6DiEET m 4xTTt'w~apN~SECnW .. .x.....,,.,,x- ~ a~~pa- Columbia Heights Retail Colun961a Hdghls, Mlnnrsaa CRO$Cpmppantes Cheis Liflle SS41oINanW tuc M4ww g MJnaesaa 55-041 e1:612-ll>~910.9 ASSOCIATES uw+9.9u~rnn~mw#fs9w r aC-°~T i..,.sy ao.waw..we...a aro ,~ ~ uAa n ~ n> R' < uv J_ nw Rcemiale _ Project Details 07-143 f> an 6 ~ssi ~7 ~""""' wumxaawarraenrzowxu LANU~I.AI't KtljUllfEMtN ES:s mraxmaawrw me ne~mrxwrM~ wwvc "° aurw,urm.xome u~o nfo iurorvmceuror awnw~is rurvuw.wf n.»„x~«aw,w,u as wa,a.,p.rz r.ruo..rc..,.m.raa.aamA.a.a..wa °"' rm.,..w""~".°rz',p rnu,ma nrzaenm. r"m:w.,enw.ecw.u~..rweosr rux nnTfxnu meamlr yr aixlmTrol Alm mmrAfr. ,aruws. tro PUrvi.aarrAxce iw IKTIVC PIANIS R[r1WY2mfA~ Ifw.nvw ERUNCP TO IRAIX m wAmrveemetwxw.,u euuen EmsS.,nxxNxc,uufnnrxvmga [crnttvruxi. PPAEIta tN AR MGRS ¢¢ LESS. 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O VDN ra.exaemuw.rz Arum dmo x[n is x v ic 'u f in fLl RLCImCD NIIrnF[ mY YG.u2X - i11 n -r, FE N-i' ulIXRAPAW GfAMI, AAN(Ei ' wu u,m~wx,wornmn awl a.,na,raa,° SSiiS IOa~Dt GNC)RIi iltw sww GGRRE [Ar CGNRST ev-aox wirvE ,mina -L6 rAEGL[ VASI£R SIOfE m ~-1C' VASNE- RNLI RA! PEA 6RAVE1. vERraRAiER GmERraay w n~ Pwc rzcr ,n,a. „N ~.x..fw .wx,anxm.Axm ~® ( i_ 7 810FILTRATION GARDEN T _ ice' -`---`- I.I-1, suN U,•.ro X,)e.s,~sn lODSEN kY}OlSUFAII ertaxeux~,wx: xo, mu+ rnmx.wwv R[fER fORAN CON7AINERREDRAN75. SGV!FY 80', 10MANDSIDESW xni waw ACwru. xe, ae~n.rcek IR~ HOLERRORTOPIANIING SHRUBS TO BE RACED 50 711AT iOP OF COMNNER915 RUSN "`a 'n"" „~i `~mO°f1°O"" NRRIPRDPDSfDGAA~. : . ' ' M000I~YDEEP-SFE SPEC LANDSCAPE FARRK-ERSP[C. AunwarPKw v ,dcmx ,ww~cmn.rrt EDGINGMATFRIFI ~SEESPEC. ,y , EDGEYAAIES~REEER iOPUN d.x.Ara.wwx a. , RmfafA .x ,~,. r xnr vor \ nwumarte~er~v.TMiwref -' PUNipuG SOIL. SFESPF4 u""¢'"^ra~°ncT"uwx'°""` i 1=1 - OUIC[MNG K'AEl (1YP) 2 S RUBPLANTINGDETAIL f,.fA.~,nldfaA,<miwwnwmf,wl:N,wx. ~ Li_i YP.P> ~~~~~u~~~ ~ ~~,a .A„ia..raaaamwawwmar,.,ar - ~;;3°•,'~9g sw"NrN`'«wN""°c `nu'"~i ~wna .unum,owemuuoawnuvvromAix ~~. ~p ]P' ll~ oE0. unRneG[u[ADiA~alrt x~ fD a. PRrc ii ASINGAhIii _ wmVi.,.xwfmfanr.sl. cun~mm~i"uq+E, "''~ R ~ , i ) 1 'S E N DCH rum ~f zru~Vwio ~ y 1K ~' T]F~SLiA veicricfs iRMi 9 M S v w ~awnwini NS~imN p ~ - RA AF OIf fiWNrtE2 '~ ~~4.~ ' d apcFwvfnuPlncancnnoueulxr, .w ,.rmwu r n ux~ , vvxwvy nuuwnxvewurw wvv awweK n'aaNnNaam,<rr, _ w E ~~ ' . • GSOVUIfLYDLWiNG PvHAN4 ~EYAl~s. MEi AACSrtu ~ ~ ~ •IIW~~tnf9M5ARNAi%1wwlEt~l iwu xaxinArro6wxruHPfum6 ~ uiAxxxanw •uannuwnwc.me.oimeni mo ~~ . :I`. 2SROOi II WID iN~~mmXA,m~w,naw ~°",~ .~.nLJti_ 4ApES SECS P1AN~ 1 I MtriCH~SEE5PEC5. rExrN7 ` FDGER SEE SPKS Otl C P Otl - EDGE VARRS.SEEPI.W j--- - EI•DEPEIIIhVNACOAM ` \ ~ ~ PIANTAEG SDiI -SH 9'ECS. - _ _ r ~~~ - _ ~ -iTl._ ~ .T ~ COOSFN R(MTSOF flAN1ANTERIAI PRIOR 10 PUJ]TMG 3 PERENNIAL PLANTING _ Ll•i ue.~•o P.x,., s ~;`fo`~X~Pt~An ;,>nwARPqq.Y~~,IY ~Rf(pIRFD. AY(NTiAEC'I~MU51~ N wRUrwnIPR,ci~sniarnxfo p.HA `tilA~GUlOHM6rOA5tNIpM) ~MIY IMMM~fASR.1fCN5 GG ~A V.BHNG W iYIUISNroiuAi~U.IE 1041YR11~ MCHSMYIDMVEM WM1IWq T~ ~PIX~rW ;M1 )In[(M CGNC-IX+f PAt WARE Afu.EN`A•OIU~PGl XS6. MNfn MVA lmr aE 1N cmNACt NiN 1 RuNK y~v Apu~pKAV~flOtuu NaIF oRA! TOIa~~N~~ Roor RuL sfi on 6muHmn wR«AOf EiRnRAEf DR D iLW:NVSN ILR [SiViG PFR[gAigN Miu PNXM 10 nw.wl~p1wniav AnaoRU avO~iuPECe Qaiasm 4_] DCCIDUOUS TREE PLANTING DELAIt ~ COWFEROUS TREE PLANTING DECAIL Ll-1 zAU: 1¢.ru a+IX.x s:uxw I.1-t xrn<vv.ra vrx,..u,.m.,: Ls ~ , /_r ;.'. ;. RETAIL ,- ---------- ----6,084 -SF .' I '~y.. ,~. , ~_~_ • 'Ct ~ I i ~_~ 4 i ~) a~ f,;t I. ~ RETAIL 1,545 SF ~' '~ b ~~* /: z .` RETAIL E; 1,720 SF ~_~ Columbia Heights Retali Columbia Heights, Minnesota N Cgp~a~2~~~ Chris Li~ile 552 WmGvU law ARa l~h4nmidv 5592) M:6 ]-2)I~I10S ~11 ASSOCIATES N.,sa ~~a~,R«R im~~ G ~;~.~ ~E a ~~~~~ Te~i~~ ~S a,, wPa LANDSCAPE PLAN ~FJni1S O7-T43 L1-1 e.. NOgTRN~ ~ ~~.~'~ I~V.~f'Ir~.~Le AE2: ~ i C~ 7 LANDSCAPE SCHEDULE: Central Avenue Retail Columbia I~eights, Minnesota ~a 057pWB RM9~ON9: I 2 g~ gil $`~'~ .~ pg®h ~ pi ~ u ~ WWyyyyyygg Q ZyyySy ~6 Genetei WamaWi CITY SUBMITTAL p 4 Fa ~~ ~~ Central Avenue t_ C D7 Q L t: ih .~.m}e a~~nonmm w,wieae onMd(c)BOi Proposed mml BOYdro.ree: e,msaF PrtpovaO nrcB~beWlroaree 42508E P~opwatl eOUN bdkmBerea .1.]fi5 aF Cwelnn•.ibn hpe; %B pepwede adwnp RdpM ara we. per 2000 ®cr.bm 505 andaeemn spB.x h2 6.fi00aF 12 ebMa)BO V20$009F M 11,600 SP (4 eiMas)a0]SW BF lirerebre, Per 8adlan WOa.i, Ihennpmem almwebb ame b INe nmme ocaygr y buednp Mall be 6vndm Bm nmal ewViepve W20¢epnpy eM 20,0009f lweeN emry. Nm,per 9aglbn 601.1.2. OON Onrvrhantl gdd0 bd0gpa on We emcee Iq! eheYOn broppdoWmJ ea porgone plowbdglmp as tllq htlpht Orwchbamilnp eMlhe eplrepam uwaivacb of Bia urdq e~Nrs b m qe ~nfpplo a fi0] ea mwidetl by5n6pna 609 m~a~t~~bn0~6~. tM pepWmw dYdliq tl~eY ba eppa®Ide b euT brAAirp, sawew p.r adnare0 se<Bp0 e. t f o (ek alilAU]p: Fmnl (eaaU as awa (nem nrd amda ow• Rwr(wad) ia-0' PedNg'. Eonl (eevi) i'~0' 6M0 (rwM) I'-0' Cmier eWa (mdhi id Reor(wegi ta~a LantlewPe: 0'-0' emro ebeelbonl par CpIBnEb f idghmUnlvvl 006fi6we; Rnl0l mempx Ordnure5nepn 0.108 ni) Parbgp ®Ipikfow par dtlewnce 9ectlbi 0.1ro pJb): A'2 ~Vaa% i4 am9a+e9rM1'aA Uae: Coneuwcbd Uan: FutleoMm, ilpae~ Pbkhp]ggdrarenl: BD%ei6uWLy rapwtlh napmamabyae seam 95 avalq a90%=11 pelMlgebda Uac CawwWi Ueac Fwigrvim, BPYIpd Pmbl~p rapthemerlt 00%olwdCYq 4aeWh /ygxoamuleh fOwam 10 wda B 90% = a pedmB eldb Moauperwy 18 aleih nqugetl Use: Colmqutlei Uam: Reba wbameMme Pafiggre0e4emerA: i paiMigamgper 9008E pine Wear ree 1,6008E a9+8p009Fpna8mt mas 6,900 BFI000 BP =16 amtls TOW reggqeA 02 Weea TomlPmNnA 95 ddie VICIfBTYMaP ® V/ ~g 5 ~ti pyRG 3~ Frye i;OM1A: 08098 CStliWB RBVIaIONa: ~ aag ~ d ~ d~ N Q ~ `gv b §W U s~ 860P1an . u CITY SUBMITTAL 974 4 €~ x . ~~ .,s C~~ ~ ~ ~ I ~~^+ ~ ~' 8 9 ~~,., 0- ` - i---I -- ---~--------I-_- I ~ ---~------- I - =----- ----~-- --- , (/~~~~ L~¢~ ,, i i T;o," 0 I I TawYi Tantmit ' t01 I I ~1 ____:_K ~~~~ - --~-- i FFEn W ----t----~__~_~.~_.._t_-------- ---1-------- ! - 9s9saF F.F.E.. 101'-0• ------ _ F.F.E~00'-0_ ~ _ _ ¢ ---~ ! ce~ °~- - I_- _ I ___- -I ---- - I-------- - I -- ------- --- ------ I I I i 1 I i ~ I 1 ~ 1 --- ~ 1 -- ( I I I I I O ( I ( COA1M: 08090 ~to9~ RIM910N5: m . ~ ~~ ~ ~ CS 115 CITY SUBMITTAL Q f a 3 $R $~ n West Efevatlon I~ ~ ~ ~ ~ __ ~ I~ I _....,. ~ Ei Norlh Elevetton Sa~lh Elevation L/ ~~..o ~ ~. ~a --- CITY SUBMIT >>s couni: ooae .__. I d ro Q ~ ~ ~~ EKWIO~ EbvWiMs I I I I _~ c W ~_ D r Central Avenue Retail a ~ SC18 N°a i' N Pven~e NE antl GenGal i ~ g m Pvnni+e NE Coiixrkia Ha~ghls m COLUMBIA HEIGHTS CITY COUNCIL LETTER MPetinu nf• Tnne 4 AMR AGENDA SECTION: Other Ordinances and ORIGINATING DEPT.: _, _~..., CITY MANAGER. Resolutions Community Development APPROVAL NO: ITEM: Approval of a Conditional Use Permit for BY: Jeff Sargent, City Planner a- BY: a parking ramp and site plan approval for DATE: June 4, 2008 4707 Central Avenue. BACKGROUND: .............__. At this time, Nelson Building and Development is requesting a Conditional Use Permit fora 219-stall parking ramp and a Site Plan approval for approximately 55,000 square feet of retail and commercial space located at 4707 Central Avenue. Originally, this property was included as part ofthe Grand Central Lofts development and has always been planned for commercial development. The plans include two, two-story retail/commercial buildings. The northern building will contain a 17,000 square foot Aldi 's grocery store on the first floor, with approximately 16,700 square feet of office space above it. A 5,200 square foot Bz~alo Wild Wings will anchor the building to the south, with approximately 10,000 square feet of office space on the second floor. Located between the Aldi 's grocery store and Buffalo Wild Wings, is enough tenant space for up to two additional retail stores, with the possibility of another restaurant occupying one of the spots. The 219-stall parking ramp will be a two-level structure and will serve the entire development. The ramp will be located behind and adjacent to the buildings with access from Grand Avenue to the east, 47th Avenue to the south and Central Avenue to the west. It is anticipated that the first level of the parking ramp will serve the retail component of the development, while the second floor of the ramp will serve the office users. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on June 3, 2008. They voted to recommend City Council approval of the Conditional Use Permit and Site Plan with a 5-0 vote. RECOMIVI]IENDED MOTION: Move to waive the reading of Resolution 2008-131, there being ample copies available to the public. Move to adopt P`esolution 2008-13i, approving a Conditional Use Permit for a parking ramp at 4707 Central Avenue. Move to waive the reading of Resolution 2008-132, there being ample copies available to the public. Move to adopt Resolution 2008-132, approving a site plan for approximately 55,000 square feet ofcommercial/retail development at 4707 Central Avenue. Huucnrnents: rcesoiunon wvn-131, tcesotutron LUUcS-1 SL; Y+G Memo; Location Map; bite Ylans COUNCIL ACTION: ~-.- 118 RESOLUTION N0.2008-131 SOLUTION APPRO G A CONDITIONAL USE PE FOR A P G RAMP FOR GRAND CENTRAL COMMONS LOCATED WITHIN THE CITY OF COLUMBL4 HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0603) has been submitted by Nelson Building and Development to the City Council requesting a conditional use permit from the City of Colwnbia Heights at the following site: ADDRESS: 4707 Central Avenue. LEGAL DESCRIPTION: Or. fle at City Hal!. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.112 (D)(2), to allow the construction of parking ramp at 4707 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 2008; WIIEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and. adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Adprinistrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 119 Resolution No. 2008-131 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. FLTI2TI~I2~ ;~)E ;rI' RES(JLVJ~1), that the attached condi±ions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 calendar year after the approval date, subject to petition for renewal of the permit. Passed this 9`" day of June 2008 Offered by: Seconded by: Roil Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patr~c?a lyluscov~tz, CIl~iC City Clerk 120 RESOLUTION N0.2008-132 SOLUTION OF THE PL ING ZO G CO SSION APPRO G A SITE PLAN FORA 55,000 SQUARE FOOT OFFICE/RETAIL DEVELOPMENT LOCATED AT 4707 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, NIINNESOTA WHEREAS, a proposal (Case #2008-0603) has been submitted by Nelson Building and Development to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue LEGAL DESCRIPTION: On file at City Ha1L THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approvalforthe construction of an office/retail development located at 4707 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan i_s consistent with the applicable pro~risions of the city's comprehensive plan. 3, The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 cczlenclar,year after the approval date, subject to petition for renewal of the permit. Passed this 9`" day of June 2008 121 Resolution. No. 2008-132 Offered by: Seconded by: Roll Ca11: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 122 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0603 DATE: June 3, 2008 TO: Columbia Heights Planning Commission APPLICANT: Nelson Building and Development LOCATION: 4707 Central Avenue REQUEST: Conditional Use Permit for Parking Ramp, Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Nelson Building and Development is requesting a Conditional Use Permit fora 219-stall parking ramp and a Site Plan approval for approximately 55,000 square feet of retail and commercial space located at 4707 Central Avenue. Originally, this property was included as part of the Grand Central Lofts development and has always been planned for commercial development. The current owner of the Grand Central Lofts sold the commercial component to Ehtesham Khoyratty, who will take over the development responsibilities for this parcel. The plans include two, two-story retail/commercial buildings. The northern building will contain a 17,000 square foot Aldi's grocery store on the first floor, with approximately 16,700 square feet of office space above it. A 5,200 square foot Buffalo Wild Wings will anchor the building to the south, with approximately 10,000 square feet of office space on the second floor. Located between the Aldi's grocery store and Buffalo Wild Wings, is enough tenant space for up to two additional retail stores, with the possibility of another restaurant occupying one of the spots. The 219-stall parking ramp will be a two-level structure and will serve the entire development. The ramp will be located behind and adjacent to the buildings with access from Grand Avenue to the east, 47th Avenue to the south and Central Avenue to the west. It is anticipated that the first level of the parking ramp will serve the retail component of the development, while the second floor of the ramp will serve the office users. City of Columbia Heights Planning Commission June 3, 2008 Grand Central Commons CUP, Site Plan Approval Case # 2008-0603 COMPREHENSIVE P N The Comprehensive Plan designates the property as Transit Oriented Development. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. ZONING ORDINANCE The property located at 4707 Central Avenue NE is zoned MXD, Mixed Use Development District, as are the properties to east. The property to the north is zoned GB, General Business and the properties to the south are zoned R-3, Multiple Family Residential. The City of Hilltop is located to the west. PARKING RAMP. The Zoning Code at Section 9.112 (D)(2) allows for parking ramps as a Conditional Use in the MXD District. The Specific Development Standards at Section 9.107 (31) state the criteria in which the parking ramp must meet. These standards state the following: a) Parking ramp structures shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The property is located in the MXD, Mixed Use Development District. The setbacks in this district are regulated by the final site plan and development agreement approved by the City Council based on the fact that the proposed setbacks provide adequate distances from uses in adjacent districts, and that the setbacks maintain and enhance the character of the neighborhood in which the mixed-use development is located. Given these standards, the setback of the parking ramp shall be determined through the site plan approval by the City Gauncif. Staff recommends approval of the suggested parking ramp setback, as it provides the best access to the site and blends in with the surrounding topographic features. b) Exterior fagade materials shall be compatible with surrounding buildings. The parking ramp design is included with the overall design package for the development. The parking ramp is integrated into the development and serves both the first and second floors of the buildings simultaneously. Because the parking ramp has been designed as an integral part of the development, it shares the same building materials and architectural features as the surrounding buildings. PARKING REQUIREMENTS. The Zoning Code requires one (1) parking stall for each 300 square feet of gross office/retail space and enough parking to accommodate 30% of a restaurant's seating capacity. The proposed development includes approximately Page 2 124 City of Columbia Heights Planning Commission June 3, 2008 Grand Centrai Commons CUP, Site Plan Approval Case # 2008-0603 49,000 square feet of office/retail space and the Buffalo Wild Wings restaurant will have a seating capacity of 228 patrons. In total, this requires 215 parking stalls. The development, which includes the two-story parking ramp, provides for 219 on-site parking stalls, plus 12 parking stalls adjacent to Central Avenue. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. The property at 4707 Central Avenue has approximately 1,000 feet of street frontage along Central Avenue, 47th Avenue and Grand Avenue, and incorporates 219 parking stalls. This requires 20 trees and 11 over-story trees. The proposed plans indicate a total of 31 trees, 26 of which are over-story trees, meeting the City's minimum requirements. STORMWATER MANAGEMENT. Roughly 50% of the stormwater from this site will be collected in an underground infiltration system, with the remainder diverted to the City's storm sewer pipe located in Central Avenue. The City is currently working with the developer in order to upsize the diameter of the storm sewer pipe, which is currently at capacity use. SIGNAGE. Signage for the development shall meet the minimum city requirements for size, location and illumination. Signage shall be limited in size to two square feet of signage for each front foot of tenant space for each tenant, not to exceed 100 square feet per tenant. The Design Guidelines do not allow for internally illuminated box signs, but do allow for internally illuminated channel letters, backlit signs and halo-lit signs. The proposed development currently has two tenants, namely Aldi's and Buffalo Wild Wings. In order to approve new signage for the building, each new tenant would need to apply for and receive Site Plan approval when they occupy a new tenant space. In order to save time, staff recommends that the Planning Commission approve a sign plan for the development that would meet the City's minimum standards. This would allow new tenants of the development to receive a sign permit without needing an additional site plan approval for signage. DESIGN GUIDELINES The property at 4707 Central Avenue is located in the Design Overlay Highway District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following areas of interest are as follows: BUILDING PLACEMENT. Buildings shall have a well-defined front facade with entrances facing the street. Larger buildings may be oriented perpendicular to the street provided that at least one entrance facing the street is provided. The proposed buildings will be oriented so that their well-defined front facades face Central Avenue. The Aldi's building will be perpendicular to Central Avenue, but the main Aldi's entrance will face the street. Page 3 125 City of Columbia Heights Planning Commission dune 3, 2008 Grand Central Commons CUP, Site Plan Approval Case # 2008-0603 BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet, in order to give the impression of atwo-storied structure. The two buildings making up this development are both two-storied structures, meeting this criterion. PRIMARY FACADES. The base or ground floor of the building should include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. The proposed building incorporates all of these criteria, giving an appropriate mix of window coverage, projections, awnings and ornamentation suitable for the pedestrian scale. BUILDING MATERIALS. The building will incorporate rock face block, brick, stone, pre- finished metal panels and EIFS; which are all acceptable building materials for the district in which the building is located. FIIV~1lVC~ ®F FACT (C®nclitl®nal Use Perrnlt) Section 9.104 (H) of the Zoning Ordinance outlines nine findings of fact 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. The MXD, Mixed Use Development District allows for any permitted or conditional use allowed in any of the commercial districts throughout the city. Parking ramps are conditional uses in the CBD, Central Business District. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan designates the property as Transit Oriented Development. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. (c) The use will not impose hazards or disturbing influences on neighboring properties. The parking ramp is located on the back of the property and will be at the same grade level as Grand Avenue to the east. The incorporation of the design of the parking ramp into the rest of the development will considerably diminish any negative impacts to the surrounding area. Page 4 126 City of Columbia Heights Planning Commission June 3, 2008 Grand Central Commons CUP, Site Plan Approval Case # 2008-0603 (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of the property in the immediate vicinity will not be diminished as a result of the construction of the parking ramp. The parking ramp will serve the general public wishing to use the services provided by the development. (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 parking ramp design is included with the overall design package for the development. The parking ramp is integrated into the development and serves both the first and second floors of the buildings simultaneously. Because the parking ramp has been designed as an integral part of the development, it shares the same building materials and architectural features as the surrounding buildings, and fits into the intended character of the area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 4707 Central Avenue NE meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The parking ramp's only purpose is to improve on-site circulation of traffic. Each parking stall and drive aisle width meets the city's minimum standards for construction. (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 parking ramp will cause a positive cumulative effect on uses in the immediate vicinity, as it will provide access to 55, 000 square feet of new office and retail development along Central Avenue. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the MXD zoning district. Page 5 127 City of Columbia Heights Planning Commission tune 3, 2008 Grand Central Commons CUPS Site Plan Approval Case # 2008-0603 FINDINGS OF FACT (Site Plan Approval) Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all setback, building density, parking and Design Guidelines criteria pertaining to the Zoning Code. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan designates the property as Transit Oriented Development. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of-way. RECOMMENDATION The Grand Central Commons site has been a redevelopment priority for the City of Columbia Heights and provides an opportunity for 55,000 square feet of new office and retail development along the major commercial corridor of Columbia Heights. The proposed plans for the construction of the two buildings and parking ramp meet all zoning and design guideline requirements, and the parking ramp will be an unobtrusive service to the public. For these reasons, staff recommends approval of the Conditional Use Permit for the parking ramp as well as approval of the site plan for 4707 Central Avenue. Motion: That the Planning Commission recommends that the City Council approve the Site Plan fora 55,000 square foot commercial/retail development at 4707 Central Avenue. Page 6 128 City of Columbia Heights Planning Commission June 3, 2008 Grand Central Commons CUP, Site Plan Approval Case # 2008-0603 Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for a parking ramp located at 4707 Central Avenue. ATTACHMENTS ^ Draft Resolution ^ Location Map ^ Site Plan ^ Building Elevations Page 7 129 4707 Central Avenue so6D AVE c 1061 5025 .,,... 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( ~,~0~5 I ~~+ RIMM ELEV 32090 { 1 ~ INY EtEV 22190 IEOWj ~ I I N ELEV 232.19 (N) I 1 ,_®~C~NSiPTUCi NnG I I I '' I -. 1 ( I G NHOLE I ~, , 1 1 1 Al EXISTING ]D" PIPE ; ~ ~0 I I I 1 I R1s ALL GRMH /los Ixsuu ce nae 1 ~I~ IN~TALL MH /TO4 ELEV. 220]4 4B" DIAMETER 1 I J1~ .~ FB' DIAMETER RIM ELEV. T}1.31 1 i f ( i; 110' DI~{+MEIER R--2503VCASiMC SEL ETHICS. 1RCNCH RNV EIEV 22) 24 L ~ I! I PI ELEV. 226.05 7502 CASTING I ~ ~ I ( ROOF pPA1N CONNECITOH ~V LEV~.TT2202(M15) O O O O O O O ~1 I I ~) I J' 13' PVC SvR 28 O 2.Ofi R}T812 CCqq9RH Tv' 12" NIXi-PERfOHATED rF ~ 9 ( I NV ELEV O FWNDAPON 223.09 NSTpULT MANHIE I 0' t2' Nqi-PERfOPATEp DUAL WALL HOPE O 0OR .LJ, i 1^' I I '( I A EXI~RNG 3E" P E I DUAL WALL HOPE O O.OS i I~ I ,1 TALL MH /Im ddl CLyI I i01' i2' RCP CLV O 3341{ 18" OIANEIER 1 NN ELEV 22Pn1 Ov PROPOSED BUILDING _ I I v ELEV. `x> i I~ I '~ ~-+ I _ v ELCV zz].o0 (w7 PF6 EE0.50 - J ~ ) US'1T. PfRfbH lED DUALWAIL HDP£d O.p% R {642 CASTING ~ ~-; I ~ ~ I ` ~ 8' 12" PCfj CyV O 20R_ INSI~PLL NH /102 ~ -. ~ ~~~, '~ ~ ~ ~ ~- ~~ ROOF DRA N ClM1NECTiON i I ~ ry i - ~ ( R V~EE EVI22500 PERFORATEp pUALnWALL NDPE TUURpA ~ I ~1 I ( ~~ '- I - R-1612 LASTING PWP GRAN CONNECTION ---- ~ ~ I ~ I I I _ ~ --- ~ V INV ELEV00 FOUNOAITDN ° 500 _.,__ I 1 ,. I -__ .ST. I- 7 ~ 11 I I ~ I - - -~--~ I ( ~ ~ ~ PROPOSED BUILDING ( I i~ I I I~}-. <-~ ~- , ~ PROPOSE BUILDING rpa zazs5 I I I I~, I ( ° CONNE T TO E%ISTNC FT6 251.00 ~ ~, I_I~ a4 11tI0LE O IN ELEV. 324.00 m I I NA ~- I ~ ° i I ~.1--t ---- -- -~-- -- - -- -- ~ :~~ I SANITAIPY S~Y/fP ~WCE~ TD MAWiAItE~ is ~, ~ AN A Y R E N ..,,,_.. _ _ _ ) B DIP CL 9 CONNECT 1D E%ISRNG I V R 26 WI IS ~ I € ~ ,~ I -9 PYC ~RDTE Mft14{3 Q15ER . ..__ BENb~ °S NECESSARY...... ~ MANH O INV ELEV 21910 f[ _ ~ 1 hL L / ~ -~~~~~~ ~- NSTALL BE Ds W NECESSARY ~~~~~ ~ b? I AS( rpNEGi TO' E TIlyi ARY- - -.~L-1_5 COVER .0 i a~... ~. `v' 1 ~...... ~AODLE O PPRO%TINY ELEV5201h.ZLLV ~ MAIHT.ON TS CpSIIi--... - J ~ I~ I .. O pPPPOX i V 79920 J ER WI1H STAINLESS lE~"//~/////G/iD~DI~E- .'¢_ ^,. ,. L O ] S 1,, N -~g..~ <: PI N CT p I r ... ~ _ __ I 1 ..... (.INSTALL CDA1H /100 ......: - .......... _____________ __ _ __... _...I ._ _ +~.... T _., I CLYJNE~T h0 E sliNC 10' INS A CeMN /101 DIP WA 0 DIAMETER O NECT Tv E%ISRxG v' I TaR b N W,TN e- T - WET iA R FLEV. 222 2 1B' D ETER C I F qNp GATE VALVE INV ELEV. 21]01 RIM ELEV. 223.28 OIP WP1EP MAIN IM1N 0' - - J1 I -' - - -- --- - -R-3B62V 6A9RNG- INV El£V. Z1B.OB WEi TAP Au0 EATS VALVE CONNEOt 19 EXISTING -- - - ~-JOBTV CASWN~ - - - -- - ... .- - - - - - - - - - - - - - _) - - , M"""DLE °'"" "`". 2.5.5° CENTRAL AVENUE ... _ __._. - ra Bid--w ~, Y wN °o ~~ ~~ ~o ~ (pU ~~ s '~gr~ ~~ sag ~$~~~ _ S/ ~~ ~~ ~9 ~~ d' fl j ~} tY; Z 'o W W ~ Z ~ ~„~ W r Q t Q O 'w a ? Z ~ s WW J N ~ ~ 0 .rt~:L1_ ,~~. ~° ~~ `' JRR 6.2 U9 C2.1 z 0 c~ 0 U cY a Q Z Q ~_ J (~ I I ~ ~ ~ ~:.~ f r * ;i ~ ~ I ~ ,,~ -Vr ', _ - _ _r, I- G.. _ _ ._ _ -- ~ ~ __ - - ;', ,. ~ ~ i - -- ' ~° ' ° ~ ~ . ~ 1 ~ , I 1 I ~ ~' ~ o _ 'ter / ~ ~ ~ ~ I I p ~ I b Ctl /~ ~ / i ~ ~ ~ - 1 7.- ' G $ $ f 1 ~ ~ ~ 1 1~ N ° ~ i r /f 1 / ~ / 1 I ' .:I II I ', s ~ _ _ ~ - f ~ i I a° 1 ~ 1 _, l i ! I _ I~ L. _ f, 1 1 1 .cis - i,, e J - I _ - I _ r '. ~~ _ !! .... ~, ~i ~ ~ _. I ~~ ~ I ~ I 1 i I G ~~1. I -- - ~ ~~ 1~ ~! n t~ I I - -. ~ i _ ~ i Z p ,I I ~ I .? I ~ ~ I I ~~ r ~ , 1 ~ C I, ro ~ ~~ I i s t~ I ~ I ~` _ ~°v «6 ~ I I, ~td ' , i,~ ~ '_ ' ` ~ I ~ I ; ' ~~ ° p I I I ~ i'' C ; I s i ~ ' i I { ~ ~~ z I ' t~ ~ ,.,_. + r ~ I I ~ I ~ ~ ~ I I ! ~I I ~ ~ I I { . ~ ~ I -- I 1 ~ I II } 1 3 33I I I I I ! ~ I ' ~ I ! I a i I ; I y - I .~ I 4 f ~ C p ~~ 1 { lA t 1 ~'~' ; ~ ) {~f I ~ tl1 v C ~ ~ I 1 i o ~_..~~ A !~j~ + - b ~ I ~ k ~ l ~ i m C+ I I y - ~ I Gg ~~ ~ _ g jf I 1 '_. IFa ___ ' I ~ ~ rj ~ a I I ` c~a~ n , t .j ~I: ~.' e ~ ~ _ , ~-. I- _._- p rF ~ tl ~ I ~ mZp o I a ~ ",,,s 1 '~ s~ .,,. i ~ - - I ~ F "'~o~~ i ~°~. 1 ; - w _ r ~ I ,-- _ ~ ~ ~..~. ~ -- ~, --. a a ~ _ r __ __ _ ~~. _ __ _ _ . __ _ _ _ __ _ _ . _ _ _ __ _ o N I ~ ~N ~nu~n ~~xs, ~.~~,~ -- i --f r'` - - -- -- -- - -- -- -- - -- ---------=- v S PRELI~ItINARY NOT FOR CONSTRUCTION = n m. ~R~.E.~~~. ~ -~~-~~a~.,,ek l ~ ~v GRAND CENTRAL COMMONS ~",~, ann cRnNOCENTRA~ C) l SITE IMPROVEMENTS w,~aib enenu~~-au COMMONS ILC. COLUMEIA HEIGHTS, MINNESD'A 139 STONEBP.IDGE ROAD N tip. { Ij 4, f°° JASON a RAVERTY LILYDALE, MN 5518 n 4 6 ..~~nE. ~OVERALLSITEGRADING 5 ~ ~~ ~ ~~~~~~ . xxxxxx clna -g<~g,°.:.mow..,, GRAND AVENUE ,~ Z H ' v i U i LL _F a z ~r W IT" .} ~.~ Q yry .y .16.30 ~" ... I y~~ - - - - -- - - __ -- - ~ - ^ 1 ... ~ ZJ].]s .-. _ -~ '- -... ,_., __ i ._ _ RETAINING WALL) OEBICN BY_OTHERS - -~ ,. __ - '- -'~ -' ,. TPOUT GUTTER _. ._. x I" ~' , ARE`A`-WELL WAIL GN DY iNEftS~ ...... .... .. _ .._ w -_ .._ ._. _ ad " ~ tre ~ ~ ~ _. -_ . _._ ._.. _... ~'a _ _ . _. O __ _ _,. .. .. -. 7 yr eP y FJ .. ~ .. , e ' _ z ' , / ry me M1 ry M1 ry M1 ry V1 ; .- -' .._ : ^` 2]].Z]. 2]].1 _. .. ~, ... ' TIPOUT CUTTER: ^ M1M1 _.. _. .....__ ..__. ._ .._ ._ '~ of ~~o I I o~ _ o L_~~o 2^J29 . _ _ _.. _.. _ _ ._ iR. J ry 1x M1~ ^ ~0 .._ _ - ~ J.BR o^ ~ 1P O 2.2R ~ M1 4.4R 1 tP 1.OR ~ ~ M1 h .. O _ .~. N '~ ~ ~ f.OR 1R M1y. `~ TJ ~ - ~ '- ~ - CONCRETE VALLEY GUTTER ~~ TIPOUT GUTTER ~. ~i o '^ .. ._ _ ' ': ]2 55 55 ZJ233 ' T]zss . . ~ _ ' ' - ~ ~ TIPOUT U TTER Z] T]2.6] :3 m ° ^ T3241 ; ]: 22].n0 . 22&J 229.6 2]2.95 Te] ~ 1 f I 2J0 8 2 Be T Bfi 9.OR ~ ' T z30. T3 .TJ . . ]28] FFE 292.75 232.Ji ~ '~ 2 __ m.x FFE 231.00 FFE 231.00 I , zzs.] ~ _. ._ ....~ 228. . V 29.86 . _. ._ .. : ~'` $gOT ELEVATION LEGEND o s~ ~ QO oN . ~~ P~ ~o U' V ~ ~ ~~6m~ €~~ K vII s a S ~~~ga~ n' ~~~~g ~ I° '3^. f r u !;: J ~ ,a 1 L. (n Z U J O w w g g p CJ ~ a J TU ~ ~ d Q Z ~ j LL' Q 0 (7 ~ v ». (9 ,n.„. , ~" X° 50U-00! m,u.. ERR -cxtn xr. JRR E' ~ 5.L.06 C2.2a i0P OE CORB. TOP of SroEwALlt. CONTRACTOR SHALL iCB%P CONSTIlUCTtON ++~ .2J0.38 i1N19NE0 ONWND ELEVAnON %QU7PlffiNT OFP INFILTRATION AR74A. CONPhCT10N OF UND%RLYING BOILS ll(LL . 229.>T LORB ftOW UxE Ell:VARCN D&CR%AB% TR% INFll.TItAT10N POT%NTLSL c 29.sa EIU6NE0 PAVEDEUi EtEVAiION OF TH% UND%RLY7NC SOIL4. .p[3~ J.t a _ /a% _. ... 3.Bx CENTRAL AVENUE A.ax ~ vax ~~~~~ FFE 291.00 -.~ _. ~.. FF& 231,00-~ _. -- r~ Pw 34 ,~' s. _ _.. 22].80.. - REraININC waLL ::: ..... _ DESIGN BY bTHERS '. ' . ~ .~ .3p~ ~ ,. ~ a L'`Jo I. g3z.e ~ ~z ~ _~"' ~ ti ; I ~I o ii - CONCRETE VALLEY GUTTER 4,. PPOUT CUTTER ~ 1 I ~, ~ ' n \ (- f- 32SS 2J235 n ^'. ~ II O F r 321\_ -`r23z ~.. 2 ~:'j z 23241x x231.fi0 ~ o; ~ J 232]1 22 232 a] <i l ,. ...~ ~. FFE 292.75 a; ~~ ~ y 3i tyIl ~ x 3o.9¢II'L II, ~ - - 2 - - - II ~1 ~~ ~ 3z ~ z ,.T3 _ ~ WALL _ _ _ _ ) 8 OTHERS c2 _ u0 ri ~ ~~~~ RETAINING WALL DESIGN 8Y OTHERS ~~ I r w_ -. .. ?zap ,-- r;- _ _ ._. ..: :, ( ...... .:~ ". 220 P4- _ .~ - _ '' B 09 ff 2&95 ...... T ..~-.. :.. __-.. ......... ... _ _ ... ~ ~ to ~ ' I CONCRETE VALLEY CUTTER: "' `. ~ ADJUST MANHOLE To itwsH GRADE RIM ELEV. 228.00 SPOT ELEVATION LEGEND ® ADJUST MANHOLE TD FINISH CONTRACTOR SHALL 1[%%P CONSTRUCTTON :23056 lOP OF C RB. TOP OF SIOEWAIN, LINISHEO fA0UN0 ELEVATION ~ Z GRADE RIM ELEV. 229.40 %QUll'MBNT OFP INPILTAATION ARBA. COMPACTION DP UNDERLYING SOUS RI7.L z29 z xC=~ OORB Row uNE EL£VAnON ~ D%CRBAS% TR% INFILTRATION POT%NTIAL x~4z9~3e FlNIStffD PAVEMENT ELEVAnON o OP T196 UND%RLYTNC ROll3. Q U Z J 9'~" U O ~ ~o o~ - U' U ~~ ~'i ~ v >; ~ ? ~a~ `c 7 ~ n ~~~~~ ~ ~ ~~~~A s r L - P Gr ~, - z c2 0 U J < o wW ~ 5 . (, ~ ~ Cl 2 ~ ~ 5 ~ W ~ ~ Q O y u G ~ rao~ ct xo. 60U~00> ~x~' IRR ~xennr. JRR 5.2.UB C2.2b `: V g u,:ECrrwean.ou.rve nINeyr bN m cu[vrura:wircx: a E ~ GRAND CENTRAL COMMONS (`~~ "' aa~ cRANOCENTRAL IIII~~~ SITE IMPROVEMENTS ~"~ --- e,.., su auu, u COMMONS LLC. N LOL~vMBIA HEIGHTS. MINNESOTA 139 STONERft10GE ROAD _II(l•j,;-~.i h~,,,:i'i1"~~~~+. ~~i '+~3'u JASON P.. P.AVEP.TY LIIYCALE, MN 55f!R ~ ~ GRADING PLAN °S~'~;, ' F ~ " "" zxxxxx a 2Ta __. Q.mo_ ".. .,. _,.. I _. __ ___. ..... r~ p PRELIM]NARY NOT FOR CONSTRUCTION ~ ~e..~ " ~ GRAND CENTRAL. COMMONS h"~~HLRT "'°"""""` "',an' GRANDCENTRAI o =' - caaa~ C7 ' SITE IMPROVEMENTS ~~ - ram_tesui a r.,~u COMMONS LLC. N [„e,-,=~:, L,,,d S„~,:.I<,.,-eLvm-.., uss*oNEeRlcc=_ROnG COLVM8IA HEIGHTS, MINNE50'A W ~~~~1~"~-~i~ax,i•I'luds~,~. ~{tij si~tie ° LILYOALE, NN 55118 ~ Q _.Fr gyn.. 55 ,5 ~ JASON? RAVFRI' 6 EROSION CONTROL PLAN m ' "~'~'x "~'d .ti GENERAL NOTES GRADING NOTES THE IMPROVEMENTS INCLUDED UN THIS PLAN ARE PART OF THE TEMPORARY AND PERMANENT EROSION CONTROL PLAN. EROSION CONTROL PRACTICES SHAT! BE IN ACCORDANCE WITH THE CURRENT "BEST MANAGEMENT PRACTICES MANUAL" AS PUBLISHED BY nIE MPCA. MAINTAINP COPY OF THE GRADING PLAN. [BOSTON CONTROL. PLAN AND TMF STORMWATER P0LL11T10N PREVENTION PLAN SWPPP WITH RCOUIRLD DOCUMENTATION AT THC 1 1 CONSTRUCTION SIT[ THROUGH THE ENTIRE PROJECT DURATION. THE CONTRACTOR SHALL COMPLY WRH ALL APPLICABLE LAWS. ORDINANCES. REGULATIONS, ORDERS AND DECREES PERTAINING 10 ENUSION CUNiHOL. SEDIMENT CONTROL AND STORM WAIEH MANAGEM11ENi AFFEC"fiNG TU CONDUCT OF tHE WORK. INSTALL ALL EROSION CONTROL MEASURES PRIOR TO COMMENCEMENT OF LANp piSTURBiNG ACTIVITIES ANO MAINTAIN UNTIL ALL ALTERED AREAS ON THE SITE HAVE BEEN PERMANENTLY RFSTORF.D. INSTALL ROCK CONSTRUCTION ENTRANCES PER DETAIL ANO MAINTAIN AS NEEDED i0 PREVENT TRACKING OF DIRT ONTO PUSLIC ROADWAYS. SCRAPE ALL SOILS TRACKED ONTO ROADWAYS WITHIN 4 HOURS AND SWEEP WITHIN 26 HOURS. INSTALL SILT FENCE IN UESIGNAIED AREAS. ADUIiiONAL SILT FENCE MAYBE REQUIRED AT THE OIRECHON OF THE ENGINEER. INSTALL SILT FENCE AROUNU ALL i EMPORARY 501! STOCKPILES IN PLACE FOR MORE THAN ] UAYS. Sl OCHPILES IN PLACE FOR MORE THAN 14 DAYS SHALL ALSO BE SEEDED WRH A RYE GRASS SEED MIXTURE. INSTALL INI ET PROTECTION ON AI.1. PROPOSEp CA i Cti BASINS PER PLAN DETAILS. INSPECT ALL EROSION AND SEDIMENT CONTROL DEVICES FOR STABILITY AND OPERATION AT LEAST ONCE PER WEEK AND IMMEDIATELY FOLLOWING EVERY RUNOFF PRODUCING RAINFALL. NEEDED REPAIRS WILL BE MADE IMMEDIATELY TO MAINTAIN ALL PRACTICES AS DESIGNED. PNEPARE WRTTEN DOCUMENTATION OF EVERY INSPECTION NOTING DEVICE CONDITION AND NECESSARY REPAIRS. REPAIR. REPLACE OR SUPPLEMENT SILT FENCE WHEN IT BECOMES NONFUNCTIONAL OR SEDIMENT REACHES 0.5' OF DEPTH ABOVE ORIGINAL GROUND. TARE CORRECTNE ACTION WITHIN 24{1OUR5 OF DISCOVERY OR WHEN CONDITIONS ALLOW ACCESS. FFRTII i]E. RESEED AND MULCH ALL ERODED AREAS IMMEDIATELY IN ACCORCANCE YviTli SPECIFICATION TO MAINTAIN A DENSE VEGITATIVE COVER. REPAIR DAMAGED RIPRAP AREAS IMMEDIATELY. SEED AND MULCH WITHIN ]-0AYS FOLLOWING ACTNE DISTURBANCE OF THE SOIL SURFACE. OR WHEN FINAL GMDES ARE REACHED AT ANY PROTION OF THE SITE. SEED AND PROTECT WITH EROSION MAT AI L DISTURBED SLOPES IN EXCESS OF 4:1 BNCI. UDMG P0N051. AS AN ALTERNATIVE, THESE SLOPES MAY DE HYDROSFEDFD AND MUI CIIFD W ITII A z Q f- Z THE CURRENT EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION'STANOARD SPECIFICATIONS FOR CONSTRUCTION' GOVERNS EXCEPT AS MODIFIED RY THE CITY OF COLUMBIA HEIGHTS LODES, ORDINANCES, STANDARDS AND SPECIFICATIONS. FURNISH INSTALL INSPEGt MAINTAIN AND REMOVE ALL NECESSARY tRAFFIC CONTROL SIGNAGE. ALL TRAFFIC CONTROL DEVICES AND SIGNAGE SHALL CONFORM TO ALL LOCAL COUNTY AND STATE TRAFFIC CONTROL GUIDELINES INCIDENTAL TO PROJECT. THEE%ISTING UTILITY INFORMATION SHOWN ON THESE DRAWINGS IG NOT GUARANTEED TO BE [CURATE OR ALL INCI.USNE. CONTACT G0PIIF.R STATE. ONE CALL (651-0W-0002) FOR THE LOCATION OF lLLL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, VALVES, MANtiOt ES, OR OTHER RURICD STRUCTURES BEFORC DIOGINO. REPAIR ANY OF n{F- ABOVE Wt{IC11 ARE REMOVED OR DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER, THE EXACT LOCATION OF ALL UTILITIES AND UTILITY CONNECTIONS MUST BE VERIFIED PRIOR TO COMMENCING WORK. LOCATE. FIELD VERIFY AND PROTECT ALL EXISTNG UTILITIES AND TOPOGRAPHIC FEATURES PRIOR t0 START OF SITE CONSTRUCTION. IMMEDIATELY NOTIFY THE ENGINEER OF ANY piSCREPANCIES OR VARIATIONS FROM THE PLAN. SECURE AI.L NECESSARY PERMITS ANU N01IFY ALL UTILITY COMPANIES WI IM UIILI PIES ON SITE PRIOR TO THE CONSTRUCTION OF THE PROJECT. ADHERE TO ALL APPLICABLE IACAL. STATE. ANDIOR FEDERAL LAW 5 FOR ANY COST INCURRED DUE TO THE DAMAC,E OF SAID ununes. EXISTING SURVEY INFORMATION PROVIDED BY BOHLEN SURVEYING. CXISTING TOPOGRAPHIC INFORMATION PROVIDED BY BOHLEN SURVEYING. HUMPHREY ENGINEERING INC. IS NOT RESPONSIBLE FOR THE ACCURACY OF INFORMATION PROVIDED DY OTHERS. UTILRY NOTES CONTRACTOR IS RESPONSIBLE FOR ALL HORIZONTAL ANO VERTICAL f.ONTROL ONCE THE ALIGNMENT NAS BEEN ESTABLISHED BY THE SURVEYOR. ADDITIONAL COST FOR RESTAKING PROVIDE ANY AND ALL TESTING TO INCLUDE BtIT NOT LIMITED TO SOit COMPACTION TESTING. WATER MAIN PRESSURE. CONDUCTIVitt AND BACTERIA TESTING, SANITARY SEWER PRESSURE AND MANDREL TESTING, CONCRETE CURB AND GUTTER SAMPLING AND TESTING TO OCCUR NO LESS niAN EVERY 500' AND ApDR10NAt TESTING DEEMED NECESSARY BY THE CITY OR ENGINEER WITH NO AODRIDNAL COMPENSATION. ALL CXCE3S MATERIAL, BITUMINOUS SURFACING. CONCRETE ITEMS, REMOVED UTILITY ITEMS ANO OTHER UNSUITABLE MATERIALS SHALL BECOME THE PROPERTY OF THE C.ONTRALTOR AND SHALL BE DISPOSED OF OFF THE CONSTRUCTION SITE IN ACCORDANCE WRN ALL APPLICABLE LAWS AND REGULATIONS. UNLESS OTHERWISE SPECIFIED. CARE MUST BE TANEN DURING ALL CONSI'RUCI ION ANU EXCAVATION ACIIVIt1E51'O PROTECT All SURVEY MONUMENTS AND10R PROPERTY CORNERS. REPAIR ANY AND ALL DAMAGE TO EXISTING STRUCTURES AND SITE FEATURES DUE TO CONSTRUCTION ACTIVITY. All PROPOSED UTILITY GONSTRLICTION SHALL 8E COMPLETEp USMG APPROVED MATERIALS. METHODS OF PLACEMENT AND TESTING AS REQUIRED BV ALL GOVERNING SPECIFICATIONS. MAINTAIN >.5' OF COVER OVER TOP OF ALL PROPOSED WATER MAIN. M1IEGALUGS SY.ALL BE USEU ON ALL WATER MAIN FIT11NG5. CONSTRUCTION MATERIALS SANITARY SERVICE PIPE 6' SOR 26 PVC WATER SERVICE PIP[ 6'DIP, CLASS 52 USE ONLY SUITABLE MATERIAL AS APPROVED BY THE ENGINEER fOR BUILDING PAD AND PARKING LOT CONSTRUCTION. REMOVE UNSUTABLE AND UNSTABLE MATERIALS INCLUDING BUT NOT LIMITED TG TOPSOIL. ORGANIC 0.1ATERIAL. AND DEBRIS FROM THE BUILDING PAD ANO 10U'/.OF THE STANDARD PROCTOR OENSRV. COMPACT PARKING LOT EMBANKMENTS BELC THE UPPER 3 FEET AND DUILDING FOUNDATIONS TO NO LESS THAN 95%OF THE STANDARD PROCTOR DENSitt. BACKFILL ALL BELOW GRADE EXCAVATIONS IMMEDIATELY UPON REMOVAL OF THE UNSUITABLE SOILS. BACKFILL EXCAVATIONS ADJACENT TO EXISTING PAVEMENTS PROMPTLY TO AVOID UNDERMINING OF THE EXISTING PAVEMENT, SALVAGE AND PROVIDE A MINIMUM DEPTH OF 4-INCHES OF TOPSOIL t0 ALL AREAS DISTURBED BY CONSTRUCTION. CON I RACIOH IS RESPONSIBLE FOTL ALL HORIZON IAL AND VEH i ICAL CONI HOL ONCE THE ALIGNMENT Hq3 BEEN ESTABLISHED BY THE SURVEYOR. ADORIONAL COST FOR HESTANING ANDIOft REPLACING DAMAGED STAKES IS THE RESPONSIBILITY OF THE CONTRACTOR. PROVIDE ALT. SOIL TESTING AT INTERVMS NO LESS TF{AN EVERY 500' AND ADDITIONAL TESTING OE[M1tED NECESSARY BY THE CITY OR ENGINEER WITH NO ADDITIONAL COMPENSATION. THE SPECIFIED DENSITY METHOD OF COMPACTION IS REQUIRED FOR ALL PORTIONS OF PERMANENT CONSTRUCTION. STANDARD COMPACTION IS REQUIRED FOR ANY TEMPORARY CONSTRUCTION. DISPOSE OF ALL EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRE TE ITEMS. REMOVEU UTILITY ITEMS AND OTHER UNSUITABLE MATERIALS OFF THE CONSTRUCTION SRE iN ACCORDANCE WITH ALL APPLICABLE LAWS ANp REGULATIONS, UNLESS OTHERWISE SPECIFIED. UNDERLYING SOILS FROM BECOMING COMPACTTEO DURING CONSTRlICT1ON. THE CONTRACTOR WILL BE REQUIRED TO MITIGATE All Solt COMPACTION WTHIN THE INFILTRATION AREAS RESULTING FROM CONSTRUCTION ACTIVTTIES AT NO ADDITIONAL COST TO THE PROJECT. N011F Y THE CITY OF COLUMBIA HEIGHTS, PUBLIC WORKS DEPAftt MENT, n6 HOURS IN ADVANCE OF WORKING WII HIN T'HE RIGHT OF WAY. CITY OF COLUMBIA HEIGHTS INSPECT0ft5 MUST OBSERVE ALL WORK COMPLETED, INCLUDING THE REMOVAL OF EXISTING CUNB 8 GUl1EH. EXCAVATION OF TRENCHES. PLACEMENT OF S10RM DRAIN.C0NNECl10NS TO E%IS11NG UtILI tV LINES. BACKFIWNG AND REPLACEMENT OF BITUMINOUS PAVEMENT ANDfOR CONCRETE CURB AND GUTTER. CARE MUST RE TAHEN DURING CONSTRUCTION ANp EXCAVATION TO PROTECT ALL SURVEY REPAIR ALL DAMAGE TO EXISTING FAGILRIES RESULTING FROM CONSTRUCTION ACTIVITIES AT NO COST TO THE OWNER. PROVUF A SMOOTH ANU THOROUGH TRANSITION BCTW CCN PROPOSED SITE GRADES ANp DRAINAGE WAYS AND EXISTING SURROUNDING SITE GRADCS AND DRAINAGE WAYS, ALL CURB ANp GUTTER SHALL DE CONCRETE 8012, UNLESS OTHERWISE SPECIFIED. SEE DETAIL. WRITTEN DIMENSIONS PREVNL OVER SCALED DIMENSIONS. 2' VERTICAL CONTOUR INTERVAL, N.G.V O. VERTICAL DATUM. GRAVING DISTURBANCE ANU RESTORATION SHOWN ONLY AS NECESSARY TO MASS GRADE BILE FOR THE BUILUING ANU PARKING LOt CONSIRUCSK)N. AUURIONAL GHADING/DISTURBANCE BEYONU THE LIMITS SHOWN MAY BE NECESSARY TO PERF0RM11 SIZE tANU3CAPING ANU FINAL RESOTORAIION IN ACCORDANCE WITH IANOSCAPING PLAN PREPARED UY OTHERS. APPLY ttPE BOB SEED MIXTURE AT A RATE OF i W LBSlAC13E. APPLY TYPE 3 MULCH AT A BATE OF 210NS,ACNE ANU DISK ANCHOR. SEEDING NOTES TEMPORARY SEEDING IS DESIGNGU TO CONTROL EROSION FOR A PERIOD OF ONE Y[AR OR LE53 AND IS GENERNLLY REMOVED TO PERFORM FURTHER CONSTRUCTION ACnVITES OR TO PERMANENTLY STABLRE A CONSTRUCTION SITE. PERMANENT SEEPING IS DESIGNED TO CONTROL EROSION FOR AN INDEFINITE PERIOD AFTER IANp DISIUHBING ACTIVITIES HAVE CEASDE ON THE SITE. NURSE [POP IS THE APPLICATION OF TEMPpftARV SEEP (ANNUAL) WRH PERMANENT SF_EOING TO ESTARt ISH QUICK GROUND COVER. MULCHING IS pESIGNEO TO COVER SOIL TO ARBORS THC EROSIVE IMPACT OF RAINFALL ANO REDUCE THE FLOW VELOGTY OF RUNOFF. APPLICA140N RATES TEMPORARY SEEDING: MNDOT 150 MIXTURE ~ 100! BSfACRE PERMANENT S[EDING: PER LANDSCAPE PLAN FOLLOWING BUILDING CONSTRUCTION. NURSE CROP: FALL LAUD-0Ci)-WINTER WHEAT (~ 6U LBSIACRE SPRING/SUM1IM1IER (MAY-AUDI -ANNUAL 0At5 L~$ 60 LBS/ACRE MULCHING:IpISC ANCHORED) 2 TONSIACRE RESULTING M M1 THICKNESS OF i TO tYJ INCHES ~, -' - `~ U O O~ 4 tt0 ~0 c7 U 8E$fi d~r9 gp § aE S~Fn F t= xEFF t d.6 s W S~PwP ~E~~g ~ ~~~ ~ I%a Ji J ~ J ..~. _-.1.. U .. z c~ G U w J O Z ~- o Z z 2 ~ Q L1J ~ U ~0° ~ ~ ~ S v Z W ~U' N v GO 1L1 M°' 5U0-0Ut ~"" JRH =ufnnr. JRR t' S 2.09 C3.1 f iocnnon eePt W ttme LM it ie • X oPUMc ueixwc f we f _ _ e PLAN e~P-weT ^~i 3Tece~N.e+a Nt axrs e mxm / e' vxccuT~ SECTION CATCH BASIN(MANHOLE ~CBMH) NOT TO SCALE ~uccniLCS (m) v~w ov. w ur.mm w~u .:; n..ss sx oo scnar •-e I c camarz amp WET TAP CONNECTION NOT TO SCALE f esrn xc (mcx •.wiu[R'.um~i e,.sxl 6 xT wunm arofMc •.reroic f me f ~s~ W.uxo PLAN X) / i / ' x~ iTacemioueiewxe9 a' ~` ~.~".~ ~r ~, ~o,N~ ... ,~ ~ I 'j't' ~ J{_. . Tr.~L u. ~,s ~ ~ e,P-ea ~a ,~ ..a,m / .• .~~.,T7 'I cnoN .. STORM MANHOLE(MH) NOT TO SCALE (A N ~seiws coxi. - aun 1° -i-. 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As discussed with. the Council at two prior work sessions, staff is seeking approval of this item and will then hold the 2nd reading until the last regular meeting in July. This will allow staff time to: 1) Hold meetings with the real estate community regarding the program; 2) Institute other levels of communication (web page, newspaper articles, other events) for the general public; and 3) Finalise the administrative procedures including the Council approving inspector contracts. A full powerpoint presentation regarding this program will be given to the Council as another way of communication to the general public. The City Attorney has reviewed and made modifications to the Ordinance as being presented. Recommendation: Staff recommends setting a Public Hearing on July 28, 2008 at approximately 7:00 pin for the 2nd Reading and approving the Ordinance as presented. Recommended 1Vlotion: Move to waive the reading of Ordinance No. 1548, there being an ample amount of copies available to the public. Move to set a Public Hearing for the 2nd Reading of Ordinance No. 1548 for approximately 7:00 pm on July 28, 2008. Attach~nerzts: Urdn~ance 1Vo. IJ4~, J'equence to C los COUNCIL ACTION: 149 Ordinance No. 1548 BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE OF 2005, ESTABLISHING THE COLUMBIA HEIGHTS RESIDENTIAL INSPECTION BEFORE SALE PROGRAM Chapter 5B. Residential Inspection Before Sale Program Article 1. Purpose and Definitions Section 1: Purpose. For the benefit of the community, the City of Columbia Heights has deemed it necessary and appropriate to maintain, preserve and improve residential housing by providing an orderly and effective way to ensure compliance with housing codes and provide an inspection system applicable to increased concerns for health, safety and protection of its citizens. Section 2: Intent; relation to the provisions of Cit,~Code. The City Council intends that the Residential Inspection Before Sale Ordinance (RIBS} be an integral part of the City's program of health, safety, fire, building and land use regulation. It shall be a portion of the City Code, to be construed liberally in conjunction with other provisions of the City Code to give effect to the policy, purpose, and objectives in this Section, but is not to be construed to modify, amend or otherwise alter the provisions of the City Code relating to health, safety, or building and land use regulations. Section 3: Definitions. l . Certificate of Property Maintenance: A certificate issued to the owner of a dwelling after a housing inspection when no deficiencies or hazardous items are found or when all conditions identified in a Compliance Order have been satisfied. 2. Code Official. The Code Official refers to the current city Building Official or the designee. 3. Compliance Order: A document issued to the owner of a dwelling after a housing inspection that requires the correction of identified deficiencies or hazardous items. 4. Residential Dwelling.• A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins, or trailer coaches. S. Dwelling, single family: A building so designed as to contain one (1) dwelling unit as its principle use. 6. Dwelling, two family: A building so designed as to contain two (2) dwelling units as its principle use. 7. Dwelling, multi-family: A building so designed as to contain three (3) or more dwelling units as its principle use. 8. Manufactured Home: - Asingle-family detached dwelling designed for year-round occupancy, constructed at a factory or assembly plant and drawn to the site on an attached under carriage and wheels, and. then placed on a permanent foundation. It may include modular or prefabricated. dwelling units placed on permanent foundations, which meet or exceed the requirements of the current Minnesota State Building Code. 9. Immediate Hazard: A condition, structural failure, or defect that is likely to cause injury to a person or property if not corrected. 150 10. Owner's agent: A person who acts for or has the power of attorney or other authority to act on behalf of the owner of a dwelling. 1 1. Repair. To restore to a sound acceptable state of operation, serviceability, safety, or appearance. 12. Replace. To remove an existing item or portion of a system. and to construct or install a new item of similar or new quality as an existing item when repair of an item is impractical. 13. Sale: The transfer of title or possession of a dwelling whether or not absolute title is transferred. 14. Tempos°a~y Certificate of Property Maintenance: A certificate issued to the buyer of a dwelling along with a Temporary Maintenance Agreement providing for a specified period of time to complete items identified in the Compliance Order and accompanied by a cash escrow equivalent to 110 percent of the cast of the improvements. Article 2: Sale of Property; Certificate of Property Maintenance Section 1: General. No owner of a residential dwelling shall offer the same for sale within the City without first having an initial Residential Inspection Before Sale (RIBS}. Prior to the sale of a residential dwelling, the owner must furnish to the prospective buyer thereof, and obtain from the buyer a signed receipt therefore; 1) a copy of a Certificate of Property Maintenance issued by the Code Official within one (1) year after the date of issuance of the Certificate of Property Maintenance; 2) or a Temporary Certificate of Property Maintenance following the procedures described in Article 2 Section 5. The RIBS requirement does not apply to: 1. Any newly constructed dwelling when. title is transferred to the first owner; 2. The sale or other transfer of title of any dwelling to a public body; 3. The sale or transfer of titles of any dwelling for the purpose of demolition; 4. The sale or conveyance of any dwelling by a sheriff or other public or court officer in the performance of their official duties. This exemption does not apply, however, to the sale of a dwelling by a person appointed by a probate court or for the resale after foreclosure. Section 2: Process to Obtain a Certificate. The Code Official shall issue a Certificate of Property Maintenance or a Compliance Order to the owner or owner's agent within 15 days after gaining access to the interior of all structures on the subject property when: a) the owner or the owner's agent has applied in writing to the Code Official, giving consent to such inspection (along with the consent of any tenants), and the owner or owner's agent has agreed to a time during normal city working hours at which the subject property will be available for inspections, and has paid the inspection fee; and b) the Code Official, or designee, has inspected the structure and grounds and has noted any conditions found during the inspection that are in violation of the City Code. Section 3: Compliance Order. A Compliance Order shall be issued to the owner when deficiencies, unsafe conditions, or hazardous items have been identified during a housing inspection as described in the Columbia Heights Property Maintenance Code Chapter S.A. 151 Section 4: Certificate of Property Maintenance. The Certificate of Property Maintenance shall be awarded to the owner when the Cade Official has determined that there are no outstanding deficiencies, unsafe conditions, or hazardous items. At that time, the owner may legally sell his/her dwelling. During the period of one year following its issuance, a Certificate of Property Maintenance may be accepted. by the city in satisfaction of the requirements of this section without the need. for a second inspection. After one year following its issuance, if there has been. no transfer of ownership, the owner must request that the Certificate of Property Maintenance be renewed as per Article 2, Section b to ensure that the dwelling continues to be in compliance with the City Code. Section 5: Temporar~Certificate of Property Maintenance: cash escrow. A Temporary Certificate of Property Maintenance may be issued by the City Code Official permitting the transfer of ownership of the property providing: 1) No immediate hazardous conditions exist on such property. 2) An agreement by the buyer, seller or other responsible person has been executed with the city, whereby the buyer, seller or other responsible person agrees to complete corrections to the property within 90 days of the issuance of the Temporary Certificate of Property Maintenance. 3) The buyer (or seller) agrees to provide a financial guarantee in the form of a cash. escrow to ensure completion of any corrections to the property by depositing with: a) the lender or title company (and a copy of which is provided to the Code Official.), or b) the city when a Lending institution or title company is not involved i11 the transaction. 4) The cash escrow shall be in an amount at least equal to 110 percent of the retail value of the work necessary for compliance with this Section as determined by: a) the Code Official using R.S. Means Construction Manual or other reference, and/or b) the receipt of a written bid from a licensed contractor, approved by the Code Official as a reasonable estimate of the cost of repairs (materials and labor}. 5) The escrow must be fully maintained until a Certificate of Property Maintenance is issued. The Code Official. may issue (or authorize) one partial draw from the escrow upon. satisfactory completion and verification of work. Section 6: Renewal of Certificate of Property Maintenance. If after one (1) year following the issuance of a Certificate of Property Maintenance, no sale has occurred, the owner must submit to the Code Official a request to have the initial Certificate of Property Maintenance renewed. Re-inspection of the property will be required only if the property has been vacant for more than 6 months. A renewal, approved by the Code Official, is applicable for one (1) year following its issuance, Section 7: No warrant~b~~ Nothing in the Certificate of Property Maintenance shall indicate or shall be deemed to indicate that a building meets all minimum maintenance and building standards. The inspections conducted pursuant to this Code are made in order to improve the overall housing stock in the City of Columbia Heights and are not meant to be a warranty or a guarantee of the condition of a dwelling. The report issued by the Code Official, or designee, is not a representation to any individual buyer, seller, or 152 renter regarding the condition of the building nor is the report intended for the special benefits of any individual. Article 3: Administration Section 1: Application & Infection 1. Application Regnired. The owner or owner's representative is required to make application for a Certificate of Property Maintenance before any property is offered for sale, gifted, transferred, conveyed by contract for deed or other transaction changing the party responsible for the property. 2. Fee. At the time of application, the applicant for a Certificate of Property Maintenance must pay the property maintenance inspection fee appropriate for the type of building as set forth by amlual City Council resolution. 3. Inspection. Upon receipt of a properly executed application and payment of the fee, the Code Official will cause a property maintenance inspection. to be made of the premises to ensure the structure(s) and parcel premises are in compliance with applicable provisions of the City of Columbia Heights Property Maintenance Code Section S.A. 4. Final Inspection. Upon completion of repairs or corrections made to the structure and premises in compliance with the City of Columbia Heights Properly Maintenance Code Section S.A per the Compliance Order, the property owner shall request the Code Official to conduct a final inspections}, which may be combined with final building permit inspection(s), where required. Renewal and Fee. Upon request of the owner or owners agent, a Certificate of Compliance may be renewed following one (1) year after the Certificate of Compliance has been issued provided that the dwelling was not sold, gifted, transferred, conveyed. by contract for deed or other transaction changing the party responsible for the property and that the renewal fee, as set forth by annual City Council resolution, has been paid. Article 4: Appeals A person aggrieved by a Compliance Order may appeal for relief from the action of the Code Official (or designee) to the City of Columbia Heights Board of Appeals. The decision and order of the Board of Appeals shall be binding to all parties. Article 5: Violations and penalty Any person, firm, or corporation who violates or refuses to co2nply with any of the provisions of this ordinance, upon conviction thereof, shall be punished as provided in Section 1.999. Each day that a violation exists shall constitute a separate offense. Article 6: Effective Date This ordinance applies to all transfers of any property occurring that is listed or otherwise offered for sate after 2008. This ordinance shall be in full force and effect from and after 30 days after its passage. 153 First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cierk 154 Sequence to Clesing Residential Inspection Before Sale (RIBS) Program City of Columbia Heights Community Development RIBS Program Seller submits application and fee to city. Seller schedules and obtains initial inspection before placing the home on the market. No corrections required ............................. Certificate of Property Maintenance issued by Code Official Home can be sold Corrections required Compliance Order issued by Code Official Seller chooses to complete required corrections 1. Prior to the sale of the home, seller completes required corrections 2. Seller schedules and obtains re-inspection(s) until all corrections are completed Important Notes - A RIBS initial inspection is required before listing, advertising, posting a "For Sale" sign or otherwise offering a property for sale. - A home cannot be sold without either a Certificate of Property Maintenance or a Temporary Certificate of Property Maintenance signed by the seller and buyer with adequate cash escrowed to the City. For more information contact the Community Development Department at 763.706-3678 ............................. Certificate of Property Maintenance issued by : Code Official :............................: Home can be sold 155 Seller notifies city that the Buyer will complete required corrections Temporary Certificate of Property Maint. 1. Buyer accepts responsibility of completing required corrections within 90 days 2. Buyer or seller escrows amount acceptable to the city to complete required repairs Home can be sold louver 1. Buyer completes repairs within 90 days 2. Buyer schedules and obtains re- inspection(s) until all corrections are completed Certificate of Property Maintenance issued by Code Official ..............................: COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: June 9, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 1st Reading: Ordinance 1549, Zoning BY: Jeff Sargent, City Planner BY: Amendment to rezone 825 - 41St Ave. from R-4 DATE: June 4, 2008 to PO. BACKGROUND: In early 2008, the City Council explored many options in locating the new public safety building. After extensive research and site analyses, the farmer NEI School site, located at 825 - 41St Avenue was determined to be the best location. On March 10, 2008, the City Council. approved the second reading the ordinance that created the Public and Open Space "PO" District throughout the City. As a result, all publicly owned parcels were converted to this classification. Parcels included in the PO District are: City I-ball, Murzyn Hall, Public Works, the City Library, and all public parks. The NEI site was not considered for the PO zoning classification. because it had not yet been determined that the NEI site would be the location for the public safety building. At this time, the City of Columbia Heights requests to rezone the parcel. at 825 - 41St Avenue from R- 4, Multiple Family Residential to PO, Public and Open Space, in order to be consistent with placing all publicly owned parcels in the PO zoning classification. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1549, being ample copies available to the public. Move to set the second reading of Ordinance No. 1549, for Monday, June 23, 2008, at approximately 7:00 p.m, in the City Council Chambers. Attachments: Dr^aft Ordinance 1549 (1" Readin Format), P+Z Re ort COUNCIL ACTION 156 ORDINANCE 1549 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 825 - 41S` AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights promotes the healthy and safety of its citizens by ensuring adequate public safety services; and WHEREAS, the rezoning of the subject parcel will enable the construction of a new public safety facility; and WHEREAS, the City of Columbia Heights recognizes that the PO, Public and Open Space zoning allows for public safety buildings as permitted uses; and WHEREAS, the City of Columbia Heights recent practice is to include publicly owned. parcels in the PO, Public and Open Space District; and WHEREAS, the City of Columbia Heights has embraced redevelopment efforts as a means to revitalize the City's economic and social welfare vitality; and WHEREAS, rezoning the subject parcel from R-4, Multiple Family Residential to PO, Public and Open Space provides opportunity for redevelopment of a vacant property; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007- 133, and is in the public interest and not solely for the benefit of a single property owner; and BE IT FURTHER RESOLVED that the Planning Cornrnission has reviewed and recommends approval of the proposed rezoning from R-4, Multiple Family Residential to PO, Public and Open Space. SECTION 2: This ordinance shall be in full. force and effect from and after 30 days after its passage. First Reading: Secarrd Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 157 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0604 DATE: June 3, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: 825 - 41St Avenue REQUEST: Rezone Parcel from R-4 to PO PREPARED BY: Jeff Sargent, City Planner INTRODUCTION In early 2008, the City Council explored many options in locating the new public safety building. After extensive research and site analyses, the former NEI School site, located at 825 - 41St Avenue was determined to be the best location. On February 6, 2008, the Planning Commission reviewed a proposal that created the Public and Open Space "PO" District throughout the City. The Council approved this zoning classification and all publicly owned parcels were converted to this classification. Parcels included in the PO District were: City Hall, Murzyn Hall, Public Works, the City Library, and all public parks. The NEI site was not considered for the PO zoning classification because it had not yet been determined that the NEI site would be the location for the public safety building. At this time, the Cite of Columbia Heights requests to rezone the parcel at 825 - 41St Avenue from R-4, Multiple Family Residential to PO, Public and Open Space, in order to be consistent with placing all publicly owned parcels in the PO zoning classification. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property at 825 - 41St Avenue for Transit Oriented Development. The Comprehensive Plan guidance for this site will be amended during the 2008 Comprehensive Plan Update to reflect Park Use guidance. City of Columbia Heights Planning Commission Tune 3, 2008 City of Columbia Heights Case # 2008-0604 ZONING ORDINANCE When the zoning amendment is complete, the parcel at 825 - 41St Avenue will be PO, Public and Open Space. The newly created Public and Open Space District ordinance allows publicly owned and operated facilities as a permitted use. FINDINGS OF FACT Section 9.104 (F} of the Columbia Heights zoning code requires that the City Council make each of the fallowing four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currentdy guides the property at 825 ®4asr Avenue for Transit Oriented Development. The Comprehensive Plan guidance for this site will be amended during the 2008 Comprehensive Plan Update to reflect Park Use guidance. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The City of Columbia Heights owns all the parcels that would be affected by this proposed zoning amendment. The rezoning of this parcel is consistent with the zoning classil<cation for all other publicly owned parcels. Being that the parcel will be used to serve the public, it is in the public's interest to rezone the property. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the properly and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing use of the property is vacant land, and has been so for the past several years. The proposed use of the land, as well as the existing zoning classification of the property within the general area, are consistent and compatible with the Public and Open Space zoning classification. 4. 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 the current zoning classification. The purpose of the zoning amendment is to keep the consistency of including all the public uses throughout the City in one zoning classification. Doing so would make the uses, setbacks and performance standards for the parks and other public uses consistent with one another. Redeveloping a vacant parcel with a public service use is in line with the general trend of redevelopment in the area. Page 2 159 City of Columbia Heights Planning Commission ]une 3, 2008 City of Columbia Heights Case # 2008-0604 RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the first reading of the ordinance rezoning the property at 825 - 41St Avenue from R-4, Multiple Family Residential to PO, Public and Open Space in order to accommodate the construction of a new public service building. Attachments • Draft Rezoning Ordinance Page 3 160 - ' s ~r r~ ~ F @ ~ f t : ~ Q ~..~. ~,: g ~; 2 :;_ ~t .._ g :~ ,. p _, .. ~. _ . .. i@ t t i f f R_ t R S .@ ~ Z C . .. -.~. _ ,G ~' ~y 2. ~ .xaG w C f t i t : f f R i 6 'S 5@ riaRa .G t =~ f f 6 f i f ~ L @ 3 @ C S ! R *~.« u.e rer .aee °2 : ~' f f x ~ ^y a ~ L' is Ci i::v. Y f ___ ~.. Ca' f f E C > @ ~ a _._ . 4L c,e a~: .. r R ~ } i S @ ~ L Y:/ Cie a ~" ..a. rage. +4'... a.':". Gi ~«y ~, f R . Itt~ f l S a n a A a• @ C S C@~ Zy . r v'Y E'. O.Y. 2 ~ . 33 ~ t ! 4 . y . . . 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R S { r It 3 4 P i f ` yet ..~s; - k ~OC811C3t~ ~`~~~J ~ ~~~E ~r s 161 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 9, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 1st Reading: Ordinance 1550, Zaning BY: Jeff Sargent, City Planner BY: $~~ %~ Amendment to create the Shoreland Overlay DATE: June 4, 2008 District BACKGROUND: The purpose of creating a Shoreland Overlay District is to promote the health, safety and general welfare of the citizens of Columbia Heights. The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the City to provide an ordinance geared towards the wise use and development of shorelands of public waters. One of the main goals of the City's Storm Water Pollution Prevention Program is to prevent, reduce and limit site erosion with different controlling methods. The establishment of a Shoreland Overlay District would greatly effect the control that the City would have over development in close proximity to Columbia Heights' impaired waterways, to ensure that safe construction methods are utilized in order to protect these water bodies. The Shoreland District boundaries shall include all properties located within 1,000 feet of a designated waterway. The Shoreland Overlay District will regulate such properties if rainwater from those properties drains directly to the waterway in question. The following is a list of the designated waterways in the City of Columbia Heights: Silver Lake Sullivan Lake Highland Lake Hart Lake Clover Pond LaBelle Pond RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1550, being ample copies available to the public. Move to set the second reading of Ordinance No. 1550, for Monday, June 23, 2008, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance ISSO (P` Readin Format), P+L Re ort COUNCIL ACTION 162 ORDINANCE NO. 1550 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I of the Columbia Heights City Code, is proposed to include the following additions. §9.113 OVERLAY DISTRICTS. (C} shoreland Management Overlay District. (1) Purpose. (a} The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the hest interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. (b) Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in Minn. Stat. Ch. 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn. Stat. Ch. 462. (c) Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as classified in Section 9.113 (C)(4)(b} of this Code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code. (d) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other applicable regulations. (e) District application. The shoreland overlay district shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 9 of this Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the shoreland overlay district shall be in addition to those established by the base zoning district, which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. (f) Exemptions. 163 1. A structure or use which was lawful before adoption of this article, but which is not in conformity with the provisions of the Shoreland Overlay District, may be continued subject to Section 9.105 of this Code. 2. A property located within the Shoreland Overlay District that does not drain into a body of water listed in Section 9.113 (C)(4)(b). (2) District Boundaries. The boundaries of the Shoreland overlay district within the city consist of the first tier of riparian lots abutting a protected lake or tributary identified in Section 9.113 (C){4)(b) of this Code. The specific boundaries of the Shoreland Overlay District are shown on the official Columbia Heights Shoreland Overlay District Map in the Columbia Heights Zoning Code. (3) Definitions. For the purpose of this Chapter, certain terms and words are hereby defined: Words use in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the ward "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory; and the word "including" shall mean "including, but not limited to". For the purpose of this district, the following definitions shall apply: (a} Accessory Building. A subordinate building or use, which is located on the same, lot as the principal building or use and is necessary or incidental to the conduct of the principal building or use. (b) Commission. The City of Columbia Heights Planning Commission. (c) Commissioner. The Commissioner of the Department of Natural Resources of the State of Minnesota. (d) Council. The Columbia Heights City Council. (e) Development. The making of any material change in the use or appearance of any structure of land including reconstruction; alteration of the size of any structure; alteration of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling {except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two (2) or more parcels. (f) Impervious Surface. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increase rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt roads and gravel areas. (g) Lot Coverage. The amount of impervious surface on a lot. 164 (h) Ordinary High Water Level. Minnesota State Statute 103G.005, subdivision 14 defines ordinary high water level as the boundary of waterbasins, watercourses, public waters, and public waters wetlands and: 1. the ordinary high water level is an elevation delineating the highest water Level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the paint where the natural vegetation changes from predominately aquatic to predominately terrestrial; 2. for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and 3. for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. (i) Shoreland. Shoreland means land located within the following distances from the ordinary high water elevation of public waters: 1. land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and 2. land within 300 feet if a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater. (j) Shore Impact Zone. The area between the ordinary high water mark and fifty (50) feet inland from the ordinary high water mark. (k) Structure. Anything constructed or erected which requires location on or underground or attachment to something having location on or underground. This includes an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. (4) Shoreland Classification System. (a) Public waters. The public waters of Columbia Heights have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the DNR Protected Waters Inventory Map for Anoka County, Minnesota. (b) Official Map. The Shoreland permit district for the waterbodies listed below shall be shown on the Columbia Heights Map. RecreationaC Development Lakes Silver Lake General Development Lake Sullivan Lake Protected Waters Inventory I.D. # 83P Protected Waters Inventory LD. # 80P 165 Highland Lake 79P Hart Lake 81P Clover Pond b8bW LaBelle Pond 687P (5) Administration. (a} Building Permit Required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this Code that occur within the shoreland district. Application for a building permit shall be filed with the Zoning Administrator or any staff persons designated by the City Manager on an official application form of the City, accompanied by a fee as set forth in Chapter 6, Article II of the City Code. Where required by law, the building permit application shall be forwarded to the applicable watershed district for review and comment, The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use. (b) Variance. Variances may only be granted in accordance with Section 9.104 (G) of this Code. A variance may not circumvent the general purposes and intent of this Code. No variance may be granted that would allow any use that is prohibited in the underlying zoning district in which the subject property is located. (c) Conditional Use Permit. Conditional Use Permits may only be granted in accordance with Section 9.014 (H) of this Code. Conditional Use Permits are required to ensure specific development standards within the Shoreland Overlay Districts. (d) Notifications to the Department of Natural Resources. 1. Public Hearings. Copies of all notices of any public hearings to consider variances, amendments, conditional uses, or special uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days prior to the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 2. Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances and conditional use permits under Local shoreland management controls must be sent by the City to the commissioner or the commissioner's designated representative and postmarked within ten days of the final action. (b) Land Use District Descriptions. (a} Allowed land uses within the shoreland district shall be determined by the underlying zoning district, as listed within Chapter 9 of the City Code. 166 (7} LotAr~ea and Width Standards. (a) Lot area and width standards for residential development shall be regulated per the underlying zoning district in Chapter 9 of the City Code. (8) Placement, Design, mzd Height of Structures. (a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on bath sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site in not located in a shore impact zone. Structures shall be located as follows: I. Re~;uirecl Setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. 2. ~t°clinary High i=Vater Level Setback. Structure setbacks (in feet) from the ordinary high water level are: Classes of Public Waters Structure Setbacks General Development Lake 50 feet Recreational Development Lake 75 feet 3. Height of Structures. Maximum allowable height for all structures shall be regulated per underlying zoning districts in Chapter 9 of the City Code. (b) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 1. Vegetation alteration. Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore impact zones and on steep slopes is not allowed. b. In share impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities provided that: 167 (i) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (ii) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and the removal of plants deemed noxious under the Minnesota Noxious Weed Law. 2. Building permit. Grading and filling and excavations necessary for the construction of structures and driveways under validly issued building permits for these facilities do not require the issuance of a separate shoreland grading and filling permit. 3. Conditional Use Permit. Notwithstanding (2) above, a Conditional TJse Permit will be required for those properties located in the Shoreland Overlay District for: a. Placement, removal or grading of more than 250 cubic yards of earthen material on developed property zoned R-1, R-2A or R-2B. b. Placement, removal or grading of more than 500 cubic yards of earthen material on undeveloped property zoned R-1, R-2A or R-2B. c. Placement, removal or grading of more than 750 cubic yards of earthen material on property zoned R-3, R-4 or LB. d. Placement, removal or grading of more than 1.,000 cubic yards of earthen material on property zoned GB, CBD, I-1, I-2, or MXD. 4. hand alteration permit. Notwithstanding (2) above, a land alteration permit will be required far: a. The movement of more than ten cubic yards of material on steep slopes ar within shore impact zones. b. The movement of more than 50 cubic yards of material outside of steep slopes and shore impact zones. 4. Conditions. The following considerations and conditions must be adhered to during the issuance of building permits, land alteration permits, variances, conditional use permits, and subdivision approvals: a. Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers}: 168 (i) Sediment and pollutant trapping and retention. reduce flood damage. (ii} Storage of surface runoff to prevent or (iii) Fish and wildlife habitat. (iv) Recreational use. (v} Shoreline or bank stabilization. (vi) Noteworthiness, including special qualities such as historic significance, critical habitat far endangered plants and animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. d. Methods to minimize soil erasion and to trap sediments before they reach any surface water feature must be used. e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. f. Fill or excavated material must not he placed in a manner that creates an unstable slope. g. Plans to place fill ar excavated material on steep slopes must be reviewed by qualified professionals far continued slope stability and must create finished slopes of less than 3:1 slope. h. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stat. § 103G.245. i. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. j. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three (3} feet horizontal to one (1} foot vertical, the landward extent of the rip rap is within ten (10) feet of the ordinary high water 169 level, and the height of the rip rap above the ordinary high water level does not exceed three (3} feet. Must be done in accordance with other State and Federal regulations. A permit from the DNR is required. 5. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must he controlled by lacal shoreland controls. Permission for excavations my be given only after written authorization has been obtained from the Minnesota Department of Natural Resources approving the proposed connection to public waters. (c) Stormwater management. The following general and specific standards shall apply: 1. General standards. a. When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. 2. Specific standards. a. Impervious surface lot coverage shall not exceed thirty-five percent (35%) of the lot area for all zoning districts with exception of the CBD, Central Business District in which impervious surface lot coverage shall not exceed ninety percent (9d%). These requirements may be amended through the variance process and shall comply with the following standards: (i) All structures, additions or expansions shall meet setback and other requirements of this Code. 170 (ii} The lot shall be served with municipal sewer and water. (iii} The lot shall provide for the collection and treatment of stormwater in compliance with Chapter 9 of the City Code if determined that the site improvements will result in increased runoff directly entering a public water. Ali development plans shall require review and approval by the City Engineer and the underlying watershed district. (iv) Measures will be taken for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not limited to the fallowing: A. Appurtenances as sedimentation basins, debris basins, desilting basins, or silt traps. B. Installation of debris guards and microsilt basins on store sewer inlets. C. Use where practical, oil skimming devices or sump catch basins. D. Direct drainage away from the lake and into pervious, grassed yards through site grading, use of gutters and down spouts. E. Construction of sidewalks of partially pervious raised materials such as decking, which has natural earth or other pervious material beneath or between the planking. F. Use grading and construction techniques that encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. G. Install berms, water bars, or terraces, which temporarily detain water before dispersing it into the pervious area. b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that the constructed facilities are designed and installed consistent with the field office technical guide for the local soil and water conservation districts. c. Newly constructed stormwater outfall to public waters must provide for filtering or settling or suspended solids and skimming or surface debris before discharge. 3. Nonco~iformities. All legally established nonconformities as of the date of this section may continue, but they will be managed according to Section 9.105 of this Code with the following exceptions: a. Decks are allowed as a conforming use provided all of the following criteria and standards are met: 171 (i) The principal structure existed on the date the structure setbacks were established. (ii) No other reasonable location far the deck exists. (iii) The deck encroachment toward the ordinary high water level maintains a minimum setback in accordance with applicable code sections and a maximum encroachment of ten (1.0} feet into the Shore Impact Zone. (9) Public Nuisance: Penalty (a} Any person who violates any provisions of this district or fails to comply with any of its terms or requirements shall be guilty of a misdemeanor, punishable by a fine of not more than 5500 or imprisoned for not more than. ninety (90) days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each day the violation continues shall be considered a separate offence. (b) Every obstruction or use placed or maintained in the Shoreland Overlay District in violation of this Chapter is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appointed judicial action. (c) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent, remedy or remove any violation. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Tate of Passage: Offered by: Seconded by: Roll. Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 172 CITY COUNCIL LETTER Meeting of June 9, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: /,~ %, Abatement ~ DATE: rune 3, 2008 DATE: NO: 2008-133 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-133 - 4132 Madison Street 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 Number 2008-133; there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-133, being resolutions of the City Council. of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 173 RESOLUTION 2008-1.33 Resolution of the City Council far 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 Jose Cruz-Hidalgo (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 4132 Madison 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 May 22, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT l . That on May 5, 2008 an inspection was conducted on the properly listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on May 22, 2008 inspectors re-inspected the property listed above. Inspectors noted. that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on May 28, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all/any outside storage from the property 13. Shall remove all/any trash-garbage-debris from the property that is spilled in the yard 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206{A) and 8.206(B}. CONCLUSIONS OF COUNCIL That the property located at 4132 Madison Street N.E. is in violation of the provisions of the Columbia Heights City Cade 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. 174 ORDER OF COUNCIL 1. The property located at 41.32 Madison 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. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cierk 175 CITY COUNCIL LETTER Meeting of June 9, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation f~ DATE: June3, 2008 DATE: NO: 08-134 to 08-135 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-134 - 574 Huset Parkway 2008-135 - 657 47`'' Avenue 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 Number 2008-134, 135 there being ample copies available to the public. RECOMMENDED MOTION: Move to adapt Resolution Numbers 2008-134, 135 being Resolutions of the Columbia Heights City Council approving revocation. pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: 176 RESOLUTION 2008-134 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Cade, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Mambo G. Abaco (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 574 Huset Parkway 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 May 15, 2008 of an public hearing to be held on June 9, 2008. 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 Apri130, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 15, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to 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 Bearing according to the provisions of tl;e City Code, Chapter SA, Article III SA.306 and 5A.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number U574 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. 177 Passed this day of 200& Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 178 RESOLUTION 2008-135 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 Thanh Bui (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 657 47`" 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 May 21, 2008 of an public hearing to be held on June 9, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 15, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 21, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 30, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 4. 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. Shall remove all old lumber from the back yard. b. Shall paint, stain, seal all bare areas of wood on the deck. 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 F8715 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. 179 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor (nary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 180