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HomeMy WebLinkAboutMay 24, 1999 RegularAGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, MAY 24, 1999 CITY COUNCIL CHAMBERS, CITY HALL, 590 40TM AVENUE Auxiliary aids for handicapped persons are available upon request when the request is made at 1cast 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 6:30 pm Executive Session Regarding Stauch Lawsuit 1. CALL TO ORDER/ROLL CALl,(CommencementofCablecastingofRegMtg on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA 4. CONSENT AGENDA A) Motion to approve consent agenda 1)'Minutes for Approval - 5-10-99 2) AMM Annual Membership Dues 3) Seek Bids for Lighting/Electrical Upgrades for Municipal Service Center 4) Approval of Change Order #1 Striping of Central Avenue - removed from agenda 5) Authorization to Purchase Auto/CAD Land Development 6) Security Guard Services 7) Bad Check Recovery 8) Establish New Salary Range for Police Captain 9) Request Authorization to Award Bid for 1999 Jamboree Fireworks 10) SACA Land Lease, Site Plan, Rezoning 11) Permits for 1999 Jamboree 12) Res. No. 99-63 - Award of 1999 Miscellaneous Concrete Repairs 13) Approval of Change Order #2 for 1998 Retaining Wall and Sidewalk Construction 14) Final Payment to Nadeau Utility for 1998 Retaining Wall Construction 15) Establish Dates for Council Work Sessions 16) Res. No. 99-55 - 1999-2000 IAFF Labor Agreement 17) Res. No. 99-56 1999-2000 AFSCME Labor Agreement 18) Authorization to Seek RFP's for Custodial Services at Municipal Buildings 19) Ist Rdg. Ord. No. 1391 Council Meetings 20) 1st Rdg. Ord. No. 1392 Local Improvements - How Made 21) Res. No. 99-58 Appointing a Housing Enforcement Official 22) Res. No. 99-57 License Revocation Powers - Housing Enforcement Official 23) Payment of the Bills 24) Approval of License Applications 5. RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS AND GUESTS A. Presentations: 1)Merle Glader Scholarship; 2) V.F.W. Donation to Fireworks B. Newly-Hired Employee: Nordstrom, Engineering Tech III 6. PUBLIC HEARINGS A. Res. No. 99-54, Res. No. 99-59, Res. No. 99-60 Currency Exchange State License App. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) 1st Rdg. Ord. No. 1393 Rezoning 627 38th Avenue B.'Bid Considerations 1) Res. No. 99-61 Bids and Award of 1999 Storm Water Improvements C. Other Business 1) Appointments to P & Z and Telecommunications 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attomey 9. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Board and Commission Meetings 1) Library Board of Trustees Meeting on May 4, 1999 2) P & Z Commission Meeting on May 4, 1999 10. CITIZEN FORUM TO ADDRESS TIlE COUNCIL ON MATTERS NOT ON AGENDA 11~ ADJOURNMENT Adjourn to Executive Session Regarding City Manager's Performance Review WF/js CiTY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Mayor Gary L. Peterson Councilmembers Donald G. Jolly John Hunter Marlaine Szurek Julienne Wyckoff ADMINISTRATION May 21, 1999 City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, May 24,1999 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 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 handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782r2806 for deaf or hearing impaked only) N. B. EXECUTIVE SESSION AT 6:30 P.M. TO UPDATE THE STAUCH LITIGATION 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITiONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. 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 next order of business.) A. MOTION: Move to approve Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the May 10, 1999 Regular Council Meeting as presented. 2) Renewal of Association of Metropolitan Municipalities Membership and Payment of Dues MOTION: Move to approve the membership of the City of Columbia Heights in the Association of Metropolitan Municipalities with the payment of dues in the amount of $2,500 for half of the year to come from Fund 101-41110-4300. Page 1 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTONITY EMPLOYER 3) Authorization to Seek Bids for Lighting and Electrical Upgrades for the Municipal Service Center Basement MOTION: Move to authorize staffto seek bids for upgrading Municipal Service Center basement lighting and electrical. REMOVED FROM AGENDA 4) Approval of Change Order No. 1 for Striping on Central Avenue MOTION: Move to approve Change Order #1 for epoxy striping on Central Avenue to Precision Pavement Marking in the amount of $ with funding out of State Aid Maintenance Fund. 5) Authorization to Purchase Auto/CAD Land Development MOTION: Move to authorize staff to purchase one license of AutoCAD Land Development with the Civil, Survey and VIP Packages from Taylor Technologies for a total cost of $6,341.00 with funds allocated from 101-43100-5170. 6) Securi _ty Guard Services MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Avalon Security Corporation to provide security services to the municipal liquor stores. 7) Bad Check Recovery_ MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with National Recoveries, Inc. for check collection services. 8) Establish New Salary Range for Police Captain MOTION: Move to establish a new monthly salary range for the position of Police Captain for new hires to the position as follows: 1999 Proposed: entry, $4,499, 6 months, $4,653, 1 year, $4,806, 2 years, $4,960, 3 years, $5,113; 2000 proposed: entry, $4,657, 6 months, $4,816, 1 year $4,974, 2 years, $5,133 and 3 years, $5,292. 9) Request Authorization to Award Bid for 1999 Jamboree Fireworks MOTION: Move to award the bid for the 1999 fireworks display scheduled for Saturday, June 26, 1999 to Melrose Pyrotechnics for a $6,000 fireworks display with $2,000 appropriated from Fund 101-45050- 4378. 10) SACA Land Lease, Site Plan, Rezoning MOTION: Move to direct staffto 1) initiate the re-zoning of property at 627 38t~ Avenue from R-3, Multiple Family District to I, Industrial District, 2) to refer the revised site plan to the Planning and Zoning Commission for reconsideration, 3) to direct staff to initiate any necessary changes to the Comprehensive Plan to accommodate this change in use and zoning designation, and 4) authorize the Mayor and City Manager to enter into a Land Lease Agreement and other documentation necessary to implement this change. 11) Permits for 1999 Jamboree MOTION: Move to authorize staffto close Jefferson Street from Monday afternoon, June 21, 1999 through Sunday, June 27, 1999. Page 2 MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 25, 1999 at 6:30 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. 12) Resolution No. 99-63 - Award of 1999 Miscellaneous Concrete Repairs - Proiect #9900 MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve and adopt Resolution No. 99-63 accepting bids and award the 1999 Miscellaneous Concrete Repairs and Installations, Municipal Project #9900, to Ron Kassa Construction, Inc, of Elko, Minnesota, based upon their low, qualified, responsible bid in the amount of $6,868.00 with funds to be appropriated from Fund 401-59900-4000; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 13) Approval of Change Order #2 for 1998 Retainin g Wall and Sidewalk Construction MOTION: Move to authorize Contract Change Order No. 2 for modular block retaining wall and concrete sidewalk in the amount of $4,146.00 with funding out of the State Aid Construction Fund. 14) Final Payment to Nadeau Utili _ty for 1998 Retaining Wall Construction MOTION: Move to accept the work for 1998 Retaining Wall Construction, City Project Numbers 9733, 9734, and 9738; and furthermore, to authorize final payment of $6,466.41 to Nadeau Utility, Inc. of Maple Grove, Minnesota. 15) Establish Dates for Council Work Sessions MOTION: Move to establish Tuesday, June 8, 1999 at 7:00 p.m. and Monday, June 21, 1999 at 7:00 p.m. as the dates and times for Council work sessions. 16) Resolution No. 99-55 - 1999-2000 IAFF Labor Agreement MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-55 regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 1999 - December 31, 2000. 17) Resolution No. 99-56 - 1999-2000 AFSCME Labor Agreement MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-56 regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 1999- December 31, 2000. 18) Authorization to Seek RFP's for Custodial Services at Municipal Building.q MOTION: Move to authorize staffto obtain requests for proposals for custodial services at City Hall, the Municipal Service Center and the Public Library. 19) First Reading of Ordinance No. 1391 Pertaining to Chapter 3, Section 16, Council Meetings MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. Page 3 ~/iOTION: Move to schedule the second reading of Ordinance No. 1391 for June 14, 1999 at approximately 7:00 p.m. 20) First Reading of Ordinance No. 1392 Pertaining to City Charter, Chapter 8, Section 83, Local Improvement, How Made MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1392 for June 14, 1999 at approximately 7:00 p.m. 21) Resolution No. 99-58 Being a Resolution Appointing a Housing Enforcement Official MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-58 being a resolution appointing Dana Alexon as the housing enforcement official for the Columbia Heights Maintenance Code. 22) Resolution No. 99-57 Being a Resolution Authorizing a Housing Enforcement Official to Exercise Certain License Revocation Powers MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-57 being a resolution authorizing a Housing Enforcement Official to exercise certain license revocation powers pursuant to Section 5.104(1)(a) of the City Code of the City of Columbia Heights. 23) payrnent of the Bills MOTION: Move to pay the bills as listed out of proper fimds. 24) Approval of License Applications MOTION: Move to approve the license applications as listed. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Presentations 1) Merle Glader Memorial Fund Scholarship Presentation - Ryan Vaughn 2) V.F.W. Post #230 Donation to Jamboree Fireworks B. Newly-hired Employee Rich Nordstrom, Engineering Tech III 6. PUBLIC HEARINGS A. Currency Exchange - State License Application, 4110 Central Avenue Recommended Motion MOTION: Move to waive the reading of Resolution No. 99-54 there being ample copies available for the public. Page 4 · MOTION: Move to adopt Resolution No. 99-54 being a resolution approving a currency exchange license application at 4110 Central Avenue Northeast Alternate Motion MOTION: Move to waive the reading of Resolution No. 99-59 there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-59 being a resolution denying a currency exchange license application at 4110 Central Avenue Northeast. Alternate Motion Regarding Moratorium MOTION: Move to waive the reading of Resolution No. 99-60 there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-60 being a resolution imposing a twelve month moratorium on establishing new currency and other financial service institutions within the City of Columbia Heights. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1393 being an Ordinance Rezoning 627 38th Avenue Northeast MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to establish June 14, 1999 at approximately 7:00 p.m. as the second reading of Ordinance No. 1393 being an ordinance rezoning 627 38th Avenue Northeast form R-3, Multiple Family Residential District, to I Industrial District. B. Bid Considerations 1) Approval of Resolution No. 99-61 Accepting Bids and Award of 1999 Storm Water Improvement~ MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve and adopt Resolution No. 99-61 accepting bids and award the 1999 Storm Water Improvement Projects #9907, 9908, 9909, and 9910, to Glenn Rehbein Bros. Construction of Line Lakes, Minnesota, based upon their low, qualified, responsible total bid in the amount of $314,379.30 with funding to be appropriated from DNR FMR Grants and City Utility Funds; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 2) Approval of Resolution No. 99-62 Accepting Bids and Award of 1999 Alley Improvement Projects MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to award the contract for Municipal Project #9902 to Ron Kassa Construction, Inc. of Elko, Minnesota, based on their low, qualified, responsible bid of $875,091.50 accepting Alternate 1 for driveway construction; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same with funding from the appropriate funds. Page 5 ~ C. Other Business 1) Appointment to Planning and Zoning Commission and Telecommunications Commission MOTION: Move to appoint Ted Yehle to the Planning and Zoning Commission to fill the unexpired term of John Hunter which will expire in April of 2002. MOTION: Move to appoint Dan Swee to the Telecommunications Commission to fill a vacancy which expires in April of 2002. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Library Board of Trustees Meeting on May 4, 1999 2) Planning and Zoning Commission Meeting on May 4,1999 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOU-RNMENT MOTION: Move to adjourn to an Executive Session to discuss the City Manager's performance review. Walter Fehst, City Manager Page 6 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 10, 1999 1. CALL TO ORDER/ROLL CALL The Council Meeting was called to order by Mayor Peterson at 7:00 p.m. Present were Mayor Peterson and Councilmembers Szurek, Wyckoff and Hunter. Councilmember Jolly was out of town. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS There were no additions nor deletions. 4. 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 fi.om consent agenda approval will be taken up as next order of business.) A. Motion by Szurek, second by Hunter to approve the consent agenda as follows: 1) Minutes for Approval The Council approved the minutes of the April 26, 1999 Regular Council Meeting as presented. 2) Reappointments to Boards and Commissions The Council reappointed the following people to various boards and commissions: Joseph Sturdevant to the Traffic Commission, Charlie Peasha to the Merit Commission, Dennis Stroik and Reuben Ruen to the Telecommunications Commission, Richard Hubbard to the Library Board and Bruce Nawrocki to the Police and Fire Civil Service Commission. 3) Appointment to the Park and Recreation Commission The Council appointed Scott Niemeyer to the Park and Recreation Commission to fill the unexpired term of James Nelson which expires in April of 2002. 4) First Reading of Ordinance No. 1390 Being an Ordinance Vacating a Certain Alley The reading of the ordinance was waived there being ample copies available for the public. REGULAR. COUNCIL MEETING MAY 10, 1999 PAGE 3 2. At no time shall may space directly associated with the dwelling unit occupy the first floor of the building. This shall include, but not be limited to, kitchens, restrooms, and bedrooms. 3. The parking lot shall be hard surfaced to comply with the Housing Maintenance Code. 4. The unit shall not be converted back to office space unless a shared-parking agreement is reached. 7) Conditional Use Permit Request - 5060 Central Avenue Northeast The Council approved the conditional use permit to allow the operation of Udupi Caf6 in the Retail Business Zoning District at 5060 Central Avenue Northeast, subject to the following conditions; 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance. 2. The screening fence shall be repaired and maintained in good condition. 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with Zoning Ordinance. 4. The existing graphics on the building, retaining wall, and dumpster enclosure shall be removed or covered. 5. The wood storage box located along the west side of the building shall be removed 6. Removal of the outdoor seating area. Councilmember Szurek, who serves on the Planning and Zoning Commission, advised that the outdoor seating area was removed at the request of the Commission. No permit to install this seating was requested. It was also felt that the seating was unattractive. 8) Payment of the Bills The Council approved the payment of the bills as listed out of proper funds. REGULAR COUNCIL MEETING MAY 10, 1999 PAGE 4 9) Approval of License Applications The Council approved the license applications as listed and the housing rental license applications as listed in the memo from Fire ChiefKewatt dated May 4, 1999. Roll call on consent agenda: All ayes 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Recognition Mayor Peterson presented an engraved clock to Jim Fowler in recognition of his years of service on the Planning and Zoning Commission. 6. PUBLIC HEARINGS There were no public heatings. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1387 Regulating the Number of False Alarms Allowed in a Calendar Year Motion by Wyckoff, second by Hunter to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1387 BEING AN ORDINANCE CREATING SECTION OF THE COLUMBIA HEIGHTS CITY CODE THAT MAKES IT UNLAWFUL TO HAVE MORE THAN THREE FALSE ALARMS WITHIN ONE (1) CALENDAR YEAR Section 10.313 False Alarm Response 1. Definitions: a. Alarm: Means a mechanical, electrical or an electronic device designed to detect and/or signal; intrusion, holdup, trouble, or fire, excluding such device affixed to a motor vehicle. REGULAR COUNCIL MEETING MAY 10, 1999 PAGE 2 ORDINANCE NO. 1390 BEING AN ORDINANCE AMENDING ORDINANCE NO.853 CITY CODE OF 1977, VACATING A CERTAIN ALLEY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: The alley running west to east, from north-south alley to Jefferson Street N.E., adjacent to the north side of Lots 13, 14, 15, 16, and 17, and to the south side of Lot 12 including that portion of the alley adjacent to Lot 12, Block 55, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, commencing 20 feet south of the Northwest comer of said Lot 12, a distance of 10 feet south, thence at right angle east for a distance of 10 feet, thence northwesterly to the point of beginning and there terminating, excepting and reserving a drainage and utility easement over, under and across said vacated public alley.. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: May10,1999 The Council established May 24, 1999 at approximately 7:00 p.m. as the second reading of Ordinance No. 1390. 5) Quarterly Meeting, Columbia Heights/Fridley/Hilltop City Council and ISD #13 School Board The Council scheduled the quarterly meeting of the Columbia Heights Fridley and Hilltop City Councils and ISD #13 School Board for Wednesday, May 26th at 6:30 p.m. in Room #116 at the Fridley Community Center. 6) Conditional Use Permit Request - 556 40th Avenue Northeast The Council approved the conditional use permit request to allow a dwelling unit on the second floor of the building at 556 40t~ Avenue Northeast subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. REGULAR COUNCIL MEETING MAY 10, 1999 PAGE 5 (1) (2) (c) False Alarm: Means an alarm signal when response by the police and/or fire departments is not in fact required, but excluding an alarm caused by storm or other conditions beyond the reasonable control of the alarm or alarm use. False alarms signaled within a 24-hour period of the original false alarm will not be counted as additional alarms, to allow for the repair and/or correction of the malfunction. The Columbia Heights Police will document all police false alarms.for the purpose of enforcing this ordinance and the Columbia Heights Fire Department will document all fire false alarms for the purpose of enforcing this ordinance. Exception: Federal and/or State agencies and political subdivisions of the Federal and State government shall be exempt from the payment of any permit fees and/or false alarm charges otherwise provided for by this ordinance. (1) A fee shall be payable to the City of Columbia Heights for the third response and each subsequent response within one calendar year by the Police and/or Fire Department to an automatic alarm device triggered other than by reason of criminal activi _ty and/or fire (false alarm). The fee shall be set by resolution. (2) The Ci_ty shall have the power to collect such fee by whatever mean.q necessary, including the issuance of ordinance violation summons for failure to comply with the requirements of this section within seven (7) working days of receiving notice of payment due. The person responsible for the payment of such fee is the person to be cited. A petty misdemeanor. (3) Liabili _ty of Ci _ty: The regulation of alarm response shall not constitute acceptance by the Cit of liabili _ty to maintain equipment, to an.qwer alarms, or to respond to alarms in any particular manner. First Reading: Second Reading: Date of Passage: April12,1999 May 10,1999 May 10,1999 REGULAR COUNCIL MEETING MAY 10, 1999 PAGE 6 Offered by: Wyckoff Seconded by: Hunter Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 2) Reconsider Resolution No. 99-27 Being a Resolution to Construct a Concrete Alley At the April 26, 1999 Council Meeting this resolution was adopted in error. It must be reconsidered so it can be denied. Motion by Szurek, second by Hunter to reconsider Resolution No. 99-27 being a resolution to construct a concrete alley generally described as 40th to 41st Avenue, N-S alley to Jefferson Street. Roll call: All ayes Motion by Szurek, second by Hunter to deny Resolution No. 99-27. Roll call: All ayes 3) Resolution No. 99-53 - Moratorium on St. Timothy's Property_ Motion by Hunter, second by Szurek to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 99-53 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL IMPOSING A FOUR MONTH EXTENSION TO THE MORATORIUM ON SITE IMPROVEMENTS AND/OR DEVELOPMENT OF PROPERTY OWNED BY ST. TIMOTHY'S LUTHERAN CHURCH IN COLUMBIA HEIGHTS WHEREAS, th~ City Council of the City of Columbia Heights has approved rezoning of certain property at St. Timothy's Lutheran Church, 825, 51st Avenue Northeast from R-2, Two Family Residential District, to R-3 Multiple Family Residential District; and WHEREAS, the purpose of the rezoning request and approval therefor was to permit the development of a 70-unit, three story, market rate, senior housing rental apartment project by Nedegaard Custom Homes, developer, and Mary T, Inc., owner and service provider; and, REGULAR COUNCIL MEETING MAY 10, 1999 PAGE 7 WHEREAS, by letter dated June 5, 1998, Mary T. Inc. has informed officials of the City of Columbia Heights that they will no longer pursue a senior housing project in Columbia Heights; and, WHEREAS, the City Council has represented in general terms to adjacent property owners that development at this site was intended for senior rental apartment project only; and, WHEREAS, the current zoning of this property as R-3, Multiple Family Residential District as allows as permitted uses other types of projects including, but not limited to, townhouses, other multiple family dwelling structures, YMCA and similar non-profit organizations; and WHEREAS, the City Council determines it is necessary to 1) complete the Comprehensive Plan update and conduct further research and analysis as to appropriate land uses for this surrounding area which currently consists of single family homes, church, public park, and retail business uses; and 2) identify appropriate zoning and performance standards for the subject property. NOW, THEREFORE, BE IT RESOLVED THAT the Columbia Heights City Council hereby imposes a four month extension to the moratorium on site improvements and/or development of property owned by St. Timothy's Lutheran Church in Columbia Heights, with said four month extension commencing and effective the date of adoption of this resolution, and recognizing said four month time period may be shortened by adoption by a resolution of the City Council upon earlier consideration of findings. Passed this lOth day of May, 1999. Offered by: Hunter Seconded by: Szurek Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary B. Bid Considerations None REGULAR COUNCIL MEETING MAY 10, 1999 PAGE 8 C. Other Business 1) Award of Contract for Demolition of Structures Councilmember Wyckoff inquired if there are any oppormnites for recycling or salvaging materials out of these demolitions. The EDA Director responded that he has contacted the Re-Use Center, which is located in Lake Street in Minneapolis, regarding this matter. He has received no information back fi:om this firm at this point in time. Motion by Szurek, second by Wyckoff to award the demolition, site clearance, and site restoration work to Blue Earth Environmental Company, Inc. based upon their low, qualified, responsible bid in the amount of $80,800.00 with funds to be appropriated fi:om proper funds; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for same. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager 1) Communi _ty Center: The City Manager advised that two public relations firms have been contacted regarding the multi-use center. Representatives of these two firms will be interviewed. 2) L_vnde Investment Lawsuit: The City Manager advised the Council of the findings of the judge relative to the Lynde Investment lawsuit and the tenants involved. The City Manager was directed to follow up on a section of the Housing Maintenance Code which was questioned relative to its constitutionality. B. Report of the City Attorney The City Attorney had noth/ng to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions The minutes of the April 28, 1999 Park and Recreation Commission were included in the packet. No Council action was required. REGULAR COUNCIL MEETING MAY 10, 1999 PAGE 9 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA Students from a local school were attending the Council Meeting for a class assignment. Mayor Peterson welcomed them and encouraged them to introduce themselves and make comment. 11. ADJOURNMENT Motion by Wyckoff, second by Szurek to adjoum the meeting at 7:45 p.m. Roll call: All ayes Respectfully submitted, Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: ANNUAL MEMBERSHIP DUES - BY: J. Student BY: ASSOCIATION OF METROPOLITAN DATE: MUNICIPALITIES (AMM) ~.o ~. ,,. & DATE: May 18.,1999 At the May 17, 1999 Council work session, Gene Ranieri, Executive Director of the Association of Metropolitan Municipalities, gave Councilmembers the history of the organization and what it offers cities. He noted that if the City of Columbia Heights were to rejoin now, the fee would be for half of a year. Nancy Jorgenson, Mayor of the City of Fridley, also spoke to the benefits of being a member of the AMM. She currently is president of the organization. MOTION: Move to approve the membership of the City of Columbia Heights in the Association of Metropolitan Municipalities with the payment of dues in the amount of $2,500 for half of the year to come from Fund 101-41110-4300. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/24/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: K. Hansen~ ~ BY: LIGHTING AND ELECTRICAL UPGRADES FOR THE DATE: 5/20/9~~-~ DATE: MUNICIPAL SERVICE CENTER BASEMENT Background: The Municipal Service Center basement lighting and electrical outlet availability is inadequate for the work activities that are performed there. When the building was constructed in the 1970's, the basement was designed to be used as an equipment storage area. It has since evolved into a frequently used work area where equipment is routinely inspected and minor repair activities occur. To provide a safe working environment, additional lighting is required. Last year eight new metal halide ceiling lights were installed in the area of the basement where the front end loaders are parked and new exit lights were installed. This partially improved the working conditions by increasing visibility and safety for the Public Works crew. Discussion: Public Works has budgeted $7,750 for Municipal Service Center basement upgrades in 1999. This amount will not fund what is required to make complete lighting improvements to the basement. A complete list of the recommended upgrades is as follows in order of priority: Replace 13 mercury vapor ceiling fixtures located in the driving area of the basement with Lumark FM 25 metal halide Iow bay fixtures. Remove three fluorescent ceiling fixtures from the parking area located on the west side of the building and install 10 Lumark FM25 metal halide low bay fixtures. Replace one flood light ceiling fzxture located by the garage door opener for the middle door with one Lumark FM metal halide low bay fixture. Remove two existing sodium ceiling fixtures located in the NE comer of the basement and install two Lumark FM 25 metal halide low bay fixtures. One in a centralized location over the utility dept. work area and the other in the parking area just west of the utility dept. work area. Replace one flood light fixture located in the in the SE comer of the basement with a Lumark FM 25 metal halide Iow bay fixture. Install two fluorescent ceiling fixtures in the walkway located on the east side of the building between the middle and the south garage doors. Install two outlets on the west wall of the street dept. workroom. Install one outlet in the NW comer of the basement, by the service door. Install additional circuit to mn pipe threading machine located in the utility dept. workroom. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/24/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: K. Hansen BY: LIGHTING AND ELECTRICAL UPGRADES FOR THE DATE: 5/20/99 DATE: MUNICIPAL SERVICE CENTER BASEMENT Page 2 Continued Staff recommends completing all upgrades for basement lighting and electrical in 1999. RECOMMENDED MOTION: Move to authorize staffto seek bids for upgrading Mtmicipal Service Center basement lighting and electrical. m-I~b 99-151 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/24/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO PURCHASE AUTOCAD/ BY: K. Hansen~/ BY: LAND DEVELOPMENT ~. {~. ~ DATE: 5/20/99~--''''- DATE: Background: The 1999 Engineering budget has $5,100 to purchase the 3ra license for AutoCad and Soffdesk Civil Design enhancement package. This will provide each engineering technician with a licensed copy &the sol, are. Three licenses will meet the needs of our department. Analysis/Conclusions: AutoCad purchased the Softdesk software rights and combined the two software packages into AutoCad Land Development. The purposed purchase is outlined below. The purchase is about $1,200 over the budgeted amount. Other department purchases will be adjusted to compensate for the increase in this purchase. This reflects government pricing which costs less than what is paid in the private sector. Staffrecommends the VIP package because technical support and updates released within the next year will be provided to the City at no additional cost. AutoCad Land Development $ 3,195 ° Civil Package $ 2,050 · Survey Package $ 796 · VIP Package $ 300 $ 6,341 RECOM/VIENDED MOTION: Move to authorize staff to purchase one license of AutoCad/Land Development with the Civil, Survey and VIP Packages from Taylor Technologies for a total cost of $6,341.00 with funds allocated from 101-43100-5170. r~q~b 99-153 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: MAY 24, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: FINANCE APPROVAL ITEM: SECURITY GUARD SERVICES BY: PHIl. SUCKERMAN BY: NO: ~l~, ~ _ ~V DATE: 5/13/99 ¥5 br ~ DATE: Over the past several years we have reviewed several alternatives for security and control of patrons at the City's municipal liquor stores.~ Several years ago we placed a community service officer (CSO) in the parking lot at Top Valu on Central Avenue from the hours of 8:00 p.m. until 10:00 p.m., Monday through Thursday. The presence of the officers in the parking lot made customers coming to the shopping center feel more secure, and resolved customers' concerns regarding the clientele coming to the liquor store. In more recent years we expanded the CSO service to the parking lot at Heights Liquor, 5225 University Avenue. This has helped, but has not fully resolved the problem at Heights Liquor. At that store the CSO monitors the parking lot, and if there are any problems calls for a police officer. The CSO is not equipped nor qualified to take control of hostile situations. We would like to gain more control of the customers at Heights Liquor by having a security officer inside the store from 8:00 p.m. until 10:00 p.m. A security officer will be able to exert more authority and control than CSOs are currently authorized. This will provide an added level of security and safety for the liquor store, our employees, and our customers. In addition to the security officer, we still recommend maintaining a certain level of CSO services for the parking lot and alley behind the liquor store. The City of Spr/ng Lake Park has utilized Avalon Security Corporation in their liquor operation and have found it to be very successful. Attached is Chief Johnson's review of calls for service at the liquor store, including his discussion with Spring Lake Park's chief of police regarding the security provided at their liquor stores. Also attached is Avalon Security's proposal to provide us with security services from 8:00 p.m. until 10:00 p.m. at a cost of $50 per night. It is staff's recommendation to enter into an agreement with Avalon Security Corp. to try their services to determine the full benefits on this type of security service. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Avalon Security Corporation to provide security services to the municipal liquor stores. WE:dh 9905136 Attachments COUNCIL ACTION: Avalon Security Corporation Number One Security Plaza [ 9697 N.W. East River Road / Minneapolis, Minnesota $$453 612-767-9111 / 1-800-767-6619 / FAX 612-767-4233 September 10, 1998 Mr. Phil Suckerman Liquor Operations Manager Top Value Liquor 4340 Central Avenue NE Columbia Heights, MN 55421 Dear Mr. Suckerman: it was a pleasure to meet with you this morning regarding security services for Top Value Liquor. As we discussed, Avalon Security can provide a patrol officer from 8:00pm to 10:00pm at a rate of $50.00 per night. As you know, we presently these services for Central Park Liquor Warehouse with a great deal of success. I will forward to you, under separate cover, a brochure for your review. Don't hesitate to contact me at 767-9111 to schedule services. .E.O. Licensed Protective Agent DJS~o COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: William Elrite, Finance Director Thomas M. Johnson, Chief of PoliceC>~ SUBJECT: Review of Calls for Service at Top Valu Liquor Stores DATE: September 22, 1998 The Police Department has completed a printout for the last three years on calls for service to the three Top Valu liquor stores in Columbia Heights. A cover sheet shows a breakdown of the calls. The 9000 codes are parking tickets, mostly fire lane violations. The Part I and II crimes are reported violations ranging fi.om shoplifting to robberies. In looking at the calls for service, I have the following observations: at 4340 Central, Part I and II calls for 1996 and 1997 were up but appear to be down in 1998; at 5225 University Avenue, Part I and II crimes appear to be steady in 1997, 1997, and thus far in 1998; at 2241 37th Avenue, Part I and II crimes appear to be up a little over 1997 and 1996, but not significantly. I talked to Dave Toth, Police Chief for Spring Lake Park Police Department, and he reports only one issue involving the guard service that his city is using. They had one guard come to work with a concealed weapon and they arrested him for this. Dave said other than this incident, things have gone well and the guard service appears to be serving a positive purpose. At our last staffmeeting, Captain Olson, the Sergeants, Corporals, and I all kicked around the idea of giving the CSO's nightsticks, handcuffs, and cap stun. We determined that this is not the direction we want to go with our new CSO's and that we prefer that the CSO's stay outside of the liquor store to serve as a visual deterrent and be our (the Police Department's) eyes and ears. I hope that this helps you in decidh~g what to do reference hiring additional security inside of the liquor stores. I also hope that you will want us to continue to have our CSO's watching the outside of the buildings. If you have any questions or would like to meet with me reference this information, please do not hesitate to contact me. TMJ:mld 98-320 4340 Central Avenue Year 9000 Codes Part l&2 C~mes Total Calls 1995 37 26 63 1996 30 37 67 1997 23 40 63 YTD 33 20 53 1998 5225 University Avenue Year 9000 Codes Part l&2 Crimes Total Calls 1995 24 17 41 1996 35 23 58 1997 33 29 62 YTD 19 20 39 1998 2241 37th Avenue NE Year 9000 Codes Part l&2 CHmes TotaiCaHs 1995 10 10 20 1996 5 5 10 1997 15 7 22 YTD 4 10 14 1998 · , CITY COUNCIL LETTER Meeting of: MAY 24, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: FINANCE APPROVAL ITEM: BAD CHECK RECOVERY BY: PHIL SUCKERMAN BY: NO: q ,' ~ .,- q DATE: 5/13/99 ~5' ~ ~,t~ DATE: The City is currently writing offapproximately $6,000 to $7,000 in bad checks on an annual basis. Over the years we have reviewed several alternatives and safeguards relating to accepting checks in the liquor operation, ranging from Telecheck, CheckMate, and other services, to various collection agencies for collecting the bad checks. On the front end, services such as Telecheck and CheckMate are not cost effective as their fees are excessively high and their database of bad checks is not kept current enough to catch the majority of the bad checks that come through the stores. Based on our review, we recommend entering into a contract with National Recoveries, Inc. to attempt collecting on our worthless checks. Our current practice is to send letters to everyone who writes a bad check, and we receive a slight response to these letters. Under the proposed plan we would submit the check to the bank twice. After it is returned from the bank as uncollectible, we would mm it over to National Recoveries, Inc. to attempt collection. Basically, this is the point where we have spent a significant amount of time sending letters to people, and have had very limited results in collections. Attached is a proposal from National Recoveries, Inc. They will be turning over to the City the full amount they collect on the check and would only retain the $20 service fee for their work. Also attached are letters of recommendation from Cub Foods, Honeywell, and the University of Minnesota. It is staff's recommendation to enter into an agreement with National Recoveries, Inc. for collection services on worthless liquor store checks. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with National Recoveries, Inc. for check collection services. WE:dn 9905135 Attachments COUNCIL ACTION: 'August 27, 1998 Top Value Liquors Attn: Phil 4340 Central Ave NE Columbia Heights, MN 55421 Dear Phil, Thank you for taking the time to speak with me today. At presem we are bonded for three million five hundred thousand dollars and insured for one million dollars per claim. Our procedure for worthless check collection is as follows: o Checks are sent directly from Bank. Collection procedures are at a rate of 0%. Your company gets full face value of check. The Collection Agreemem stipulates blanket legal authorization. National Recoveries, Inc. will send one letter giving notice to pay in full or dispute within 30 days. National Recoveries, Inc. will then list the worthless checks to the national credit bureaus and forward for litigation. National Recoveries, Inc. fronts all legal fees, therefore your company is not funding any litigation. National Recoveries, Inc. retains all service fees and civil penalties. We are a very aggressive collection agency. It is our intemion to refer to litigation all individuals who refuse to honor their checks. We believe this will maximize your net back revenue and will be unequaled by anyone. It really is that simple. Our collection agreement does not lock you into any time flame commitment. Please contact me with any questions or to discuss placement at 754-1931. ALL CHECKS WILL BE FOR tJ"A ED FOR LITIGA TIONAFTER 30 DA Y$! Marketing/Sales National Recoveries, Inc. 11000 Central Ave. NE, #100 · Blaine, MN 55434 · 2020 S. Oneida St. · Denver, CO 80224 61 £-574-1090. Fax 612-574-9457. 800-685-3086 AGREEMENT FOR COLLECTION SERVICE National Reeoveflf~ I~ of ~ mini Naflou~ Recovery, IBc. of CoJo~do, berdu ~ to ms 'qL~OLLECTOR~ and TOP VALUE LIQUORS, agree Omt the sccoutts ]heed with CO~.L~CTOR ar~ uBcomtested md mbJec~ to ~he terms ami 3. CoBec~tom ramie by COLL~'~TOR of CLIF. NT'S secom~s w~i be deped~d immedis~qy fm· Selmr~ mm sccomfl mminfsined for CLIENT, m wdl m o~er ~ COLLF~TOR b tmhorized to eudorue checb drawn in favor of CLIENT for depodt to ~e trmt ~ecommt maintained by CO! :!.lr/L'rOR for rec~pt of tatum coBected mt ~he ~coun~ 4. A! coGecflom made by COLLECTOR of CLIENT'S m~uts w~ be remfffed to CL~NT ss · afl ~ COLLECTOR dudl remit to CLIENT ou~he 10th of the foBo~tng meu~ COLLECTOR will prepare · m~m2nt comtmintng me, onto mama, mmaber~, a~.~. lmyme~ ~ ~ ~LL~OR ~ ~, ~ ~ of ~, ~ ~ ~ ~ ~L~O~ ~LL~OR f~ d~ ~L~OR ~y~~ ~ m~ ~ ~~ ~ of~ ~ ~ ~. ~LL~OR ~ ~ ~ ~ o~ ~ ~ f~ ~ ~r ~ ~) ~ ~ ~ ~e ~ ~S ~ ~y ~ ~r ~(~)~~~~~~0 ~%) ~r ~ ~ ~n ~ ~ ~ f~ ~ ~ ~ ~ ~ ~I,I,~OR ~ ~ ~~ ~ CLIENT wffi ~tify COLLECTOR wimm · ckeckb rettmed by ~ Imtk ~ on · imYmeut Me direct to CLll~NT on wMchCLIENT imalmmldCOLLECTOR~eeoilectio~ feedmm~ COLLECTORwi~lbtmckreturmedckecim omfl2next stnmnent for dir~ lmymm~ to CLIENT m a minm lmymem mM minm co~ecilon fee. First Pl~emeut Accomo~ ~ colection fee o~ l~ymmt ramie to COIJ,~'L-"rOR md direct to CLIENT oa noudeg~l acc~ pi~ed with COLLECTOR for eoBecflom droll ~__0__%. proceedings in COLLECTOR'S own mm~ Where tach mmipmm~ are proMMted by kw, CO~.L~CTOR wm not ~tor~,y~ mM/or ~ to CLH~NT ~m ~ ~ ~ with COI.I .~L"TOR for ~ ~ b~ 0 %. Co~ ~ by COLLECTOR i~ ~ ~ ~y ~y be r~over~! by COLLECTOR prior to r~ting to CLIENT the p _rc~ee~___s of coHectiom mmde om t/2 ~ccomnt. Wortldesa ckecla are herda imllvidmBy amlg~d to Na~l Recoveries COLLECTOR b mmlhorized at its ~ma~iam to famish imfo~ emcemi~g the aecomm l&~ced with COLLECTOR by CLIENT or fl2 fixture of CLIENT to &bci~e to COLLECTOR tlmt the aceomut b dbputed, imid In lmrt or i~ fa~ m~b~d, or a~eged ~o be mbJect ~o amy de~m~e, offset, m~f~ counterdMm or bmdu~c~ p~ ~bdr agre~nem and sn~ o~er normsl oudtt procedures ~d tes~ CO~OR reque~ the courtly of at i~s~ one days ~ prior to CLIENT ~ 4~1 8. 3~18~-eet P.O. Box ~ Imiw~er. Minnelota $~012 (~12) 77g.4711 P~x ($12) 77g-4714 March 19, 1997 To whom it may cone, em: Based on the service that National Recoveries Inc. has provided Cub Foods since March 1992, pi ...e~e accept tids enthusiastic recommendation. I have a great deal ot'respect and admiration for National Recoveries, Inc. for the quality of'work they have provided. The collection rate has been extremely productive, resulting in a high recovery rate ofdebt. I have Found their staffto be very prol'essional and client orienta.ted with many years of'experience. I would higldy recommend National Recoveries Inc., for any company requiring this type of service. Sincerely, Supervisor · Honeywell Home and Building Ctmtnd Htmcyxveil I.e. Honeywell Plaza P 0 Box 524 Minneapolis MN 55440-0524 612 95 I-I()00 April 8, 1993 To Whom it May Concern: Honeywell has used National Recoveries Corporation for the past six months. We have been very pleased with their service and aggressiveness in pursuing our accounts. Honeywell has used National Recoveries primarily on second placements, and we are amazed at the results to date. : I recomend National Recoveries as a top-notch collection agency. ~i~c~---~e ly, ~ Cre~t t Counsel H~.e and Building Control M~q~7//- 3 2 7 5 ' {'612 ) 951-3953 FAX (612) 951-3773 mm/dp ~UH IV F.,R$1T¥ OF MI N N E$OTA Cities C~np~ B~r~m. Cashiers O~ce of:he ~srwr 145 William~on ll~dl 231 Pill,~bn ry Dri ~.e $. I'~, Minneopolis. MN 554.$5 J~ly 31, 1995 National Recoveries, Inc. 6225 University Ave NE #1 Mpl~., Mn. 55432 Dear Jim, : I would like lo commend you nmi your stnffon the resulls yo~ have slmwn on thc coileclion of our Universily Trust fund loans. As you know, these nccoun~ were waiting ~o be approvcd for wri~c offby ll,c Bo~trd of Rcgcnls as uncollectible. They lind been ~o at least two other collection agcncies, wifi, .o rcsults, and had been returned as hopeless. I was truly nmazed when you not only located some of thcse borrowers, but received paymenls on them. We feel Ilmt anything you collect is dcfi,itcly a bonus. Kecp up the good work. If, aye Bullet, Direclor, Office of Ihe Bmsar CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER' S NO: CITY MANAGER ' S APPROVAL ITEM: ESTABLISH NEW SALARY RANGE FOR POLICE BY: LINDA L. MAGEE/~D~ BY: NO: ~ ~_~ At the request of the Police Chief, the Police and Fire Civil Service Commission recently met to discuss and begin the process of filling the position of Police Captain. As you are aware, the position of Police Captain will be vacant as of June 11, 1999, due to the retirement of Leonard 01son. Currently a two-tier salary range for Police Captain exists, which was adopted when the City's Comparable Worth Implementation Plan was ratified in July, 1988. The ranges have been adjusted annually, consistent with the adjustments for non-union employees. The salary ranges for Police Captain for 1999 and 2000 are: ENTRY 6 MONTHS 1 YEAR 2 YEARS 3 YEARS 1999' $4,719 $4,880 $5,041 $5,202 $5,363 ~1999'* $4,130 $4,271 $4,411 $4,552 $4,693 2000* $4,885 $5,051 $5,218 $5,384 $5,551 2000** $4,274 $4,420 $4,566 $4,711 $4,857 * Employees hired in position prior to July 25, 1988 ** Employees hired in positions after July 25, 1988 Since the two-tier salary range was adopted, many changes have been made to the state statute governing comparable worth (pay equity). As a result, staff reviewed the salary range for new hires to the position of Police Captain. Based on this review, our current compensation plan, internal equity and external comparability, staff recommends establishing the following monthly salary range for 1999 and 2000 for new hires to the position of Police Captain: ENTRY 6 MONTHS 1 YEAR 2 YEARS 3 YEARS 1999 Proposed $4,499 $4,653 $4,806 $4,960 $5,113 2000 Proposed $4,657 $4,816 $4,974 $5,133 $5,292 RECOMMENDED MOTION: Move to establish a new monthly salary range for the position of Police Captain, for new hires to the position, as follows: ENTRY 6 MONTHS 1 YEAR 2 YEARS 3 YEARS 1999 Proposed $4,499 $4,653 $4,806 $4,960 $5,113 2000 Proposed $4,657 $4,816 $4,974 $5,133 $5,292 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: REQUEST AUTHORIZATION TO AWARD BID BY: Keith Windschitl~.~/,)~/) BY: FOR 1999 JAMBOREE FIREWORKS ~,~ ~ DATE: May 11' 1999/~'~ NO: BACKGROUND: Staff received authorization to seek bids for the fireworks display scheduled for Saturday, June 26, 1999 in conjunction with the Lion's Club Jamboree activities. Funds in the amount of $2,000 have been budgeted for the fireworks display under Account 101-45050-4378. The cost of the fireworks display is $6,000. With $2,000 coming from Account 101-45050,4378, the remainder of the cost of the fireworks display will be sought from donations. Two bids were received for the £treworks display, one from RES and the other from Melrose Pyrotechnics. After reviewing the bids at their April 28, 1999 meeting, the Park and Recreation Commission voted to approve the bid received from Mekose Pyrotechnics. RECOMMENDED MOTION: Move to award the bid for the 1999 frreworks display scheduled for Saturday, June 26, 1999 to Melrose Pyrotechnics for a $6,000 fireworks display with $2,000 appropriated from Fund 101-45050-4378. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: May 24, 1999 AGENDA/SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: ~' Community Development APPROVAL ITEM:SACALandLease,~:Plan, Re- BY:KeunethR. Anderson ~ BY: Zonin8 /q-.~O DATE: May 21, 1999 ISSUE STATEMENT: SACA is seeking City Council approval of a Land Lease to allow them to invest in construction of a new building of approximately 6,825 square feet on the site of the current SACA building at 627 38th Avenue NE. BACKGROUND: SACA has submitted a 30 year Land Lease for approval by the City Council as shown in Exhibit A. They have also received approval of the Planning and Zoning Commission for the site plan shown in Exhibit B to construct a 6,825 square foot facility at the site of the existing SACA building at 627 38th Avenue NE. The site plan approval was conditioned upon meeting seven conditions which are attached in Exhibit C as described in the letter to thc contractor dated May 6, 1999. A building of this size requires a minimum of eight parking spaces to be provided off street within the current zoning district designation orR-3, Multiple Family Residential. Finally, you will also find attached a draft Revised Site Plan shown in Exhibit D which shifts the building on the site and reduces the overall size of the building. ANALYSIS: Site Plan - Upon staff review of the approved site plan and Land Lease Agreement prepared by the City Attorney (current SACA President), several issues of concern were raised by key staff and elected officials. First, the approved site plan involves or incorporates a shared driveway between the Municipal Service Center used primarily by Public Works crews and the off- street parking area for the new SACA building. There is also an overhead garage door for the SACA one ton van to load/unload products in the new SACA building. The concern with this site plan was that the Public Works Department would be losing the existing six parking spaces on the west end of the existing parking lot in order to provide a total of eight parking spaces for the new SACA building. The internal traffic circulation problems created by this shared use were seen as a negative impact on the proposed site plan. There were also concerns raised with garbage collection and the location of the dumpster enclosure. Based upon these concerns,,staffworked with SACA officials, Greystone Construction Company, and the City Manager/Mayor to ~consider other options. A new site plan was drafted and as attached hereto shows that the existing parking facilities for the Municipal Service Center may be maintained if the new SACA building is oriented on the site to have the front of the building fronting on Madison Place with parking between the new structure and 38t~ Avenue NE. This site plan may involve a minor reduction to the total overall size of the building, but better serves to separate the parking and driveway ingress/egress for Public Works and SACA (see Exhibit D). Land Lease - A revised copy of the 30 year Land Lease is attached. The Land Lease document now includes required provisions or responsibilities for property maintenance and insurance and responsibility for payment of demolition costs at the site. The site plan shows the legal description for the SACA property encroaching over and encompassing all of the west parking spaces for the Municipal SACA Land Lease May 24, 1999 Page two Service Center use. The City Attorney has prepared the Laud Lease with a provision that will grant the City use of these parking spaces in perpetuity whether or not SACA continues to operate from this site at some point in the future. Zoning - It was also determined to be advisable to consider a re-zoning of this property. A separate Council letter has been prepared for this agenda to hold a First Reading of an ordinance to rezone the subject property from R-3, Multiple Family District to I, Industrial District to promote overall land use compatibility and to accommodate the revised site plan and use by SACA. Recommendation: Based upon these issues, staff is comfortable recommending the following: Approving the revised Land Lease Agreement between the City of Columbia Heights and SACA (see attached). Recommending that the Planning and Zoning Commission consider a change to the previous site plan approval as shown on the revised draft site plan in Exhibit D. Re-zoning the subject parcel from R-3, Multiple Family District to I, Industrial District. RECOMMENDED MOTION: Move to direct staffto 1) initiate the re-zoning of property at 627 38th Avenue from R-3, Multiple Family District to I, Industrial District, 2) to refer the revised site plan to the Planning and Zoning Commission for reconsideration, 3) to direct staff to initiate any necessary changes to the Comprehensive Plan to accommodate this change in use and zoning designation, and 4) authorize the Mayor and City Manager to enter into a Land Lease Agreement and other documentation necessary to implement this change. Attachments: COUNCIL ACTION: H: \1gr5-24- 99saca Exhibit A This Land I. ease made lifts _____ day of ,1999, by and between the City of Columbia Heights, a Imblic body corfxnatc and politic, ~ designated and ~fer~l to as Landlord, and Southern Anoka County Community Assistance, Inc., a 1Wmnesota non-l~Ofit corporation, hereinafter designated and ~efen-ed to as Tenant. ~: That said Landlord in consideration of the rents and covenants [meinafier mentioned, to be l~/d and performed by said Tenm~t, doe~ hereby lease and let unto the ~id Tenant, and the sa/d Tenant he~oy ~ and take from the ~aid Landlord, the following described land situate in the City of Columbia Height, Coun~ of Anoka. State of M/nnesota, wit: Lots 40, 41, 42 and 43 including half ~he vacated alley lying adjacent them-to, Block ~4, Columbia Heights ,~,,,,~x to M~;nr~apolis, Anoka Couaty, Mim~ta.. To have and to hold the above Ixemi~ca without any liability or obligation on thc pan of said Landlord of making any alterations, impwvemen~ or ~epairs of an), kind on or abou~ md premises, except as provided in paragraph _ herein for thc term of thirty (30) year~ and after ga¢ day of ,1999, to the day of _, 2029, bo~h da~es inclusive, for the following purposes and for no other ptuposes, to-wit for the operat/on of a food shelf and related commuu/ty assistance. Said operation will include the consUu~on of a new building on ~aid p~perty, which bufldlnE shall be constructed at the sole expense of Tenant and which o~p shall remain with Tenant and survive thc expiration or termination of this Lease, cxccpt as provided for in p~h S herein. And ~aid Tenam a/z~'~ to and with said Landlord to pay the Landlord as rcnt for the above mentioned land thc sum of One Dolhr ($1.00), payable/n advance on the fi~t day of cach and every year for and during the full term of th/s Les~, at the off/ce of the Finance Director for the City of Columbia Heights. That said Tenant also covenants and agra, es with the Landlord as follows: 1. Lswi'ul Use. That Tenant will not usc said tmvmises or permit the same or an), pan thereof to be used for any purpose contrary to the laws, ~es or regulations of the United S~:,~s of America, or thc Stale of Minnesota, or the City of Columbia Hciihts. 2. Uffllfi~s. T~-nant furA~ .-'ovcuants and agra, es to promptly pay all ra~s, costs and ~ for all utilities, including but not limited to sanitary sewer, storm sewer, waler, gas, electric, cablc and garbage. 3. Liability. The Tenant further agrees that the Landlord shall not be liable for any damage, either ua person or persons or pmpe~y or the loss of property susta/ned by the Tenant, or by any other person or persons due to any act or neglect of the Tenant, or any Tenant or occupant of said building, or of any other person, persons or corporatwna. Tenant shall maintain personal injury/liability insurance on said property at ail times durin§ the tv~m of this Lease, with said insurallCC to provide a minimttlll coverage a~ set forth ill 1V[inne~,a Stat~¢ ~[~.04, ~ld as herein~ araendcd from t/me to time. Tenant shall also provide property damage/nsurance coverage in an amount at lea~t equal to tim value of the improvements thereon. 4. Hold Harmlesdlndemnifl~tion. That Tenant assumes all liab/lity and obligation for all damages on account of the matters and thi,~s abov~ referred to, and agrees to save the Landlord harmless the~on nd therefrom, and to indemnify th~ Landlord on account ~of. 5. Notice. Any notice from the Landlord to the Tenant, relating to said prem_i~s or the occupancy thereof, shall be served in a manner consistent with ~w/ce of process as set forth in the Minnesota Dislrict Court Rules of Civil P~,.cdurc. 6. Assignment and Subletting. Tenant may not assign this Lease, lease the p~s to anyone el,sc (sublet), sell this Le~sc or pcrm/t any ocher person to use ~l~ pre*mists without the prior written con~ent of thc Landlord. If Tenant does ~ny of these things, 1 ~ndlord may termin~t~ this Lease. Any assignnum~ or sublea,~ m~atc without Landlord's~ consent will not be effective. Tenant must get Landlord's permission each time Tenant wants to ~sign or sublet. Landlord's permission is good only for that specific assignment or sublease. ?. Site Prepar~on. At the time. of execution of this Lease, Landlord has awarded a contract for ~ demolition of the existing structure on said premises, h is und~r~tood and a~-d betwecn thc parties that Landlord will pay for said demolition pursuant to its contractual obli~tion. However, Tenant hereby al~s to reimburse Landlord for Landlord's con~-actual cost of demolition, NOT TO EXCEED SS,000.00. 8. Expiration of Lease Term. At thc expiration of the lease term as previously set forth herein, Landlord shall have the following options as regards the Tenant improvements made upon thc property (i.e. building): (I) exu,'nd this Lease for a term to be determined by mmuaI agz~ement of the parties; (2) purchase said Tenant improvements for the fair marke~ value then emblished by mutual appraisal or such other amount as mutuatly agreed to between the parties: or (3) sell said dmnised pre*raises to Tenant for the fair market value they established by mutual appraisal, or such other anmunt as rm~y agreed to between the parties. 9. Property Maintenance. Tenant agrees that during the term of this Lease, it shall bc solely responsible for thc maintenance and general upkeep of said l~rnises. 10. Default, HTenant violates any agrecmc~nt of this Lease, Landlord shall notify Tenant in writing of said violation. Tenant shall thereafter have 90 days to ~ said violation or such other time p~tiod as thc paxt/c.~ mutually ag~. Ii' t~nant does not do so, Landlord shall have the r/pitt to accele~ the exphat/on of this Lease t~,- and exewi~ its fights set forth in parasxaph 8 he~,m. In no event shalt Landlord have the fi~ht to tm'inmate tim Lease excep~ by exercising one of the options ~et forth in s~/d para~-aph S. 11. Parking Agreement, Tenant agrees that during thc term of this Lease, the ex/sting parking spaces located on the east side of said Premises shall be used exclusively by Landlord. 2 ~tav.21. 1999 ll:04A~A No. I178 P. 4 Tenant shall take all steps necessary to insure that none of its employees, volunteers or clients use said parking spaces during the term of this Lease. ff at the expiration of this Lease the parties hereto agree that Tenant will purchase the Premises pursuant to Paragraph 8(3), then as a condition of any such transaction, Tenant agrees to execute and deliver to Lanc~ord a perpem~ parking easement for the usc by Landlord of the existing parking spaces. LANDLORd: STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this. ,1999, by day of Notary Public STATE OF MINNESOTA) )SS COUNtrY OF ANOKA ) The foregoing instrument was acknowledged before me this ,1999, by , day of Notary Public STATE OF MINNF_,SOTA) )SS COUNTY OF ANOKA ) The foregoing instrument was acknowledged before mc this ,1999, by dayof Notary Public TORT LIABLLITY. POLITICAL SUBDIVL~ION$ ~166J~ CHAPTER 466 TORT LIABILITY, POLITICAL SUBDIVISIONS 466.01 Definitions. 466.04 Mayamum liability. 466.03 Exceptions. 466.01 DEFINITIONS. Subdivision 1. Mtmicipality. For the purposes of sections 466.01 to 466.15. "munici- pality'' means any ciD', whether organized under home rule charter or otherwise, any county, town, public authority, pubUc corporation, nonprofit firefighting corporation that has associated with it a relief association as defined in section 424A.00 I, subdivision 4, special district, school district, however organized, county agricultural society organized pursuant to chapter 38, joint powers board or organization created under section 471.59 or other stat- ute, public Ubrary, regional public Ubrary system, mukicounty multitype library system, family services coUaborative established under section 121.8355, children's mental health collaborativcs established under sections 245.491 to 245.496, or a coUaborative established by the merger ora children's mental health coUaborative and a family services collaborative, other political subdivision, or community action agency. [For text of subds 2 and 3, see M.S. J996] Subd. 4. [Repealed, 1997 c 7 an 1 s 140] Subd. 5. [Repealed, 1997 c 7 an 1 s 140] [For text of subd 6, see M.S.]996] History: J997 c 203 art 5 s 23 466.03 EXCEPTIONS. [For text of subds J to 6c, see M.S. J996] Sub& 6d. Licensing of providers. A claim against a municipality based on the failure of a provider to meet the standards needed for a license to operate a day care facility under chapter 245A for children, unless the municipality had actual knowledge ora failure to meet licensing standards that resulted in a dangerous condition that foreseeably threatened the [For text of subds 6e to 18, see M.$.199~] History: 1997c 7art l s 141 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; (2) $750,000 for any number of claim~ arising out of a single occurrtnce, for claims arising on or after January 1, 1998, and before January 1, 2000; (3) $1,000,000 for any number of claims arising out of a single oceun~nee, for claims arising on or after January 1, 2000; or (4) twic~ the limits provided in clauses (1) to (3) when the claim aris~ out of the r~lease or threatened r~le~se of a ha:,ardous substance, whether the claim is brought un&r s~etions llSB.01 to 115B.15 or under any oth~ law. (b) No award for damages on any such claim shall include punitive damages. [For text of subds la to 2, see M.S. J9961 1oo Subd. 3. Disposition of multiple cl~im~. 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 lirnited 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 aggre- gate awards and settlements for all claims arising out of the occurrence. History: 1997 c 210 s $,4 May.21. 1999 11:04AM N0.t178 P. 5 DOCUMENT DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 (612) 780-8500 (JDH) 520~_t 4 1~1' tk-- J i Exhibit C CITY OF COLUMBIA HEIGHTS $90 40TH AVENUE N.£., COLUMBIA HEIGHTS, MN 55421-3878 ($! 2) 782-2800 TOO 782-2806 May6,1999 COMMUNITY DEVELOPMENT DEPARTMENT Mlynr Gary L. Pet~¢son Counciimemberm Donald G, Jolly Maxiaine Szur~k Sulienn¢ Wyckoff .loire Hun~' City Manager Walter R. Fehzt leffHensel Greystone Construction Company 1221 East Fourth Avenue, Suite 110 Shakopee, MN 55379 Re: Planning and Zoning Commission action on your request for site plan approval Dear J'eff: This letter is to inform you that on May 4, 1999 the Columbia Heights Planning and Zoning Commission approved the site plan to allow the construction of SACA Food Shelf at 627 38~' Avenue NE, subject to the following conditions. 1. Site Plan approval is subject to City Council approval of a lease agrevment for use oft he property. This lease agreement shall include language regarding the shared use of the parking lot. 2. A lighting plan will need to be reviewed and approved by staff if any additional lighting is proposed on the site. 3. Drainage and grading plans shall be reviewed and approved by the Public Works Department prior to the issuance of any building permits. · 4. The proposed handicap accessible parking space shall be van accessible and shall be appropriately signed and marked. 5. The applicant shall meet with the Columbia Heights Fire Department to determine the appropriate number and placement of fire extinguishers in the building. 6. The exterior siding shall not be white. 7. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. Do not hesitate to contact me at (612) 782-2856 if you have any questions or need additional information. Sincerely, City Planner cc: Jim Hoef~ Exhiqit D Case: 9904=14 Page: 6 ATTA~t~r TO CASE 9904-14 Date: May 4, 1999 TO-' Planning and Zoning Commission From: $oe Hollman, City Planner Re: Revised Site Plan for SAC.a/Food Shelf In response to the concerns and issues raised by staff regarding the prop6sed site plan for SACA Food Shelf at 627 38"' Avenue NE, SACA representatives prepared the attached site plan which was submitted to the Community Development Department earlier today. Note that staff met with the representatives at the site on Friday, April 30, to discuss those issues. The following summarizes the changes to the site plan. Note that the numbered item lists the concern regarding the earlier site plan, and the bolded language describes the change. 1. The 4-6 parking spaces proposed along the west wall of the Public Works building would create turning conflicts and possibly block egress when Public Works has deliveries. These should remain as parallel spaces (currently three). The May 4 site plan indicates that there are two existing parallel parking spaces along the building which will not be changed. Note that there are actually three spaces in this area. 2. A narrow median should be installed to extend to the south along the easterly edge of the two-stall space adjacent to the four-stall area. A median, labeled concrete peninsula, is proposed. 3. Provide a width of green space (8 ft. - 10 ft.) between the proposed SACA building and the clOt-stall parking area to provide for snow storage. This space has been provided, but note that the parking spaces in this area ha~ been reduced from eight to six and it has been set at an angle. These changes were necessary to accommodate an open drive aisle to the overhead door that will be wide enough for delivery vehicles. The van accessible parking space has also been widened to meet dimensional requirements. 4. The proposed handicap accessible parldag space is required to be van accessible which means that the combination of the parking space and access aisle will need to total 16 feet (8 ft. aisle and 8 ft. parking space). This change was made. 5. The Zoning Ordinance requires that solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. The site plan indicates that there will be a Ix'ash enclosure provided. However, it appears that the dumpster enclosure is positioned in a manner that is too close to the parking spaces in that area. According to the site plan, it looks as if a parked car could be hit by the enclosure door if it were to swing open. The dumpster enclosure should be repositioned slightly to the west to maintain a safe distance. The enclosure is no longer set at an angle and a guard post Case: 9904-14 Page: 7 o is being proposed to protect the parking space from the enclosure door. The parking lot arrangement will result in a loss of trees. As a condition of approval, staffwill recommend that a landscape plan be submitted to replace these trees. The landscaping should be oriented toward the residential areas. New trees are proposed on the west side of the property. As mentioned in the staff report, SACA is required to have a minimum of eight off-street parking spaces. The May 4 site plan indicates that there will be six spaces facing the building and two spaces alongside the dumpster facing north for a total of eight. The Public Works building requires a minimum of 18 parking spaces. Note that there are roughly 35 parking spaces for Public Works along the sides and rear of the building. The Zoning Ordinance allows shared parking agreements provided minimum parking requirements will still be met. The minimum number of parking spaces will be provided for each use, so shared parking is allowed. There will be a total of 15 off-street parking spaces provided for shared use by SACA and Public Works. Currently there are 13 spaces in the area which are primarily used by Public Works, so there will be an increase of two off-street parking spaces. Note that the site plan indicates that there will also be five on-street parking spaces provided which will accommodate any overflow parking. Two other issues pertaining to the overall project and lease agreement are listed below. 1. The addition of the building and parking lot on the site will increase the mount of storm water runoff in the area. According to the Public Works Director, a pipe will need to be provided to direct the storm water to the nearest storm drain, and the cost for this should be shared between the City and SACA. 2. SACA will be responsible for reimbursing the City for costs incurred as a result of the demolition of the building. Because of the changes to the site plan, staff is recommending the following amended motion: Move to approve the site plan to allow the construction ora new building for SACA at 627 38~ Avenue NE, subject to the following conditions: 1. ' Site Plan approval is subject to City Council approval ora lease agreement for use of the property. This lease agreement shall include language regarding the shared use of the parking lot. 2. A lighting plan will need to be reviewed and approved by staff if any additional lighting is proposed on the site. 3. Drainage and grading plans shall be reviewed and approved by the Public Works Department prior to the issuance of any building permits. 4. The proposed handicap accessible parking space shall be van accessible and shall be appropriately signed and marked. 5. The building shall be sprinklered. 6. The exterior siding shall not be white. 7. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. CITY COUNCIL LETTER Meeting of: 5/24/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS BY: K. Hansen~ ~ BY: ITEM: PERMITS FOR 1999 JAMBOREE~ ./~ ./__ __ I DATE: 5/20/99'-~ N~-__~__ DATE: The Jamboree will be held June 23-27th this year. The carnival, operated by Family Fun Shows Inc. usually arrives a day or two before opening which would require closing off Jefferson St. on Monday afternoon, June 21 st. Staff is requesting permission to close Jefferson Street from the alleyway on the north end of Huset Park to the raikoad tracks north of39~ Avenue providing appropriate arrangements are made with various City departments including the application and payment of necessary licenses and permits and that appropriate deposits are submitted. The annual Jamboree Parade will be held on Friday, June 25, 1999, beginning at 6:30 P.M. The parade route is the same as previous years. Staff is recommending that the City Council authorize the Police Department to issue a parade permit for the Jamboree Parade. RECOMMENDED MOTION: Move to authorize staff to close Jefferson Street from Monday afternoon, June 21, 1999, through Sunday, June 27, 1999. RECOMMENDED MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 25, 1999, at 6:30 P.M. for the following streets: Central Avenue at 45th Avenue to 40~ Avenue, west on 404 Avenue to 5th Street, and 5th Street to Mill Street. mU~b 99-149 COUNCIL ACTION: . ,,, , CITY COUNCIL LETTER Meeting of: 5/24/99 AGEblDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS _, ITEM: APPROVAL OF RESOLUTION AND AWARD OF BY: K. Hanse BY: 1999 MISCELLANEOUS CONCRETE REPAIRS - DATE: 5/20/991~.~-~ DATE: PROJECT #9900 ~t[ "A "l[ ~ Background: On February 22, 1999, City Council authorized staffto seek bids for the annual contract to replace/install concrete throughout the City. Plans and specifications were advertised for bids in the Focus on April 22, 1999 and Construction Bulletin on April 16 and 23, 1999. Five contractors requested copies of the bidding documents. Three bids were received and publically read aloud at the May 4, 1'999 bid opening. A copy of the bid opening minutes is attached. Analysis/Conclusions: The low bid was submitted by Ron Kassa Construction in the amount of $6,868.00. The unit prices are consistent with bids submitted in previous years. Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 99-. & ~ accepting bids and award the 1999 Miscellaneous Concrete Repairs and Installations, Municipal Project #9900, to Ron Kassa Construction, Inc. of Elko, Minnesota, based upon their low, qualified, responsible total bid in the amount of $6,868.00 with funds to be appropriated from Fund 401- 59900-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 99-150 Attachment: Bid Opening Minutes Resolution COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Tuesday, May 4, 1999 at 10:00 a.m. City Project No. 9900 1999 Miscellaneous Concrete Repairs and Installations Pursuant to an advertisement for bids for City Project No. 9900, an administrative meeting was held on May 4, 1999 atl0:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kathy Young, Assistant City Engineer Joanne Baker, Public Works Secretary Bids were opened and read aloud as follows: GUnderson Brothers jay Bros. Ron Kassa Construction $7,590.00 $8,430.00 $6,868.00 Respectfully submitted, Public Works Secretary RESOLUTION NO. 99- ~'~ RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1999 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT No. 9900 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 9900, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Ron Kassa Construction, Inc. $ 6,868.00 Gunderson Bros. $ 7,590.00 Jay Bros. $ 8,430.00 WHEREAS, it appears that Ron Kassa Construction, Inc. 6005 250 St. East, Elko, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract wSth Ran Kassa Construction, Inc. in the name of the City of Columbia Heights, for 1999 Miscellaneous Concrete Repairs and Installations, City Project No. 9900, according to plans and specifications therefore approved by the Council. o The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. o City Project #9900 shall be funded with State Aid Maintenance Fund, General Fund, and Sewer and Water Fund. Dated this 24th day of May, 1999. Offered by: 3o 11 y Seconded by: Szurek Roll Call: A11 ayes CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Jo-Anne Student CERTIFICATION State of Minnesota County of Anoka City of Columbia heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 24th day of May, 1999, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: 5/24/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS CHANGE ORDER NO. 2 AND FINAL BY: K. Hansen~)~ BY: ITEM: PAYMENT FOR 1998 RETAINING WALL DATE: 5/20/~_.~..~~''~'~ ' DATE: CONSTRUCTION ~ ' ~ "~a/ /t ~ Background: The Contractor has completed the 1998 retaining wall construction. The work consisted of retaining wall construction at 3857 Van Buren (40th Ave.), 1306-10 44th Ave., 4001 Cleveland and 4000 Benjamin (40~ Ave.). The contractor has completed the project in accordance with the contract. Analysis/Conclusions: The £mal compensating change order, attached, modifies the contract to include additional modular block retaining wall and concrete sidewalk to better match existing conditions. Staff recommends approval of Change Order No. 2. Staff is recommending approval of f'mal payment to Nadeau Utility, Inc. and acceptance of the work. A copy of the final payment voucher and the Engineer's Acceptance Report is attached. Recommended Motion: Move to authorize Contract Change Order No. 2 for modular block retaining wall and concrete sidewalk in the amount of $4,146.00 with funding out of the State Aid Construction Fund. Recommended Motion: Move to accept the work for the 1998 Retaining Wall Construction, City Project Numbers 9733, 9734and 9738; and, furthermore, to authorize f'mal payment of $6,466.41 to Nadeau Utility, Inc. of Maple Grove, Minnesota. 99-155 Attachments: Change Order #2 Payment Voucher Engineer's Acceptance Report COUNCIL ACTION: Project: CHANGE ORDER NO. 2 1998 Retaining Wall Construction City Project: 9733, 9734, and 9738 Owner: Contractor: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Nadeau Utility, Inc. 20005 Highway 81 Maple Grove, MN 55311 Date of Issuance: Engineer: City Engineer You are directed to make the follo,ving changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: Work added by the City for plan modifications increasing quantities for work done above the original contract as described on attached sheet. CHANGE IN CONTRACT PRICE Original Contract Price: $ 39,797.89 Previous Change Orders No. 1 to No. __ $ 6,O75.OO Contract Price Prior to this Change Order: $ 45,872.89 Net increase of this Change Order: $ 4,146.00 Contract Price with all Approved Change Orders: $ 50,018.89 Recommended Assistant C~J~Engineer Approved By: CHANGE IN CONTRACT TIME Original Contract Time: Net Change from Previous Change Order: Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract Time with Approved Change Orders: Approved U~ ' By: t~ ~7(~[n5 [ ~]_~-~ Nadeau Date of Council Action Gary Peterson, Mayor Engineer Attachment to Change Order No. 2 City Project 9733, 9734 and 9738 Page of 1 of 1 Owner: Contractor: Project: City of Columbia Heights Nadeau Utility, Inc. 1998 Retaining Wall Construction Description of Changes: Field adjustments were made requiring additional work at the bid unit prices for retaining wall and sidewalk construction to better match .existing conditions. Total Item No. Item Description Unit Quanti_ty Unit Price Estimated Price 8 Construct modular block retaining wall m2 20 $169.50 10 100 mm concrete walk m2 21 $ 36.00 $ 3,390.00 $ 756.00 Total for Change Order No. 2 $ 4,146.00 CITY OF COLUMBIA HEIGHTS FINAL PAYMENT 1998 RETAINING WALL CONSTRUCTION CITY PROJECT #9733, 9734, AND 9738 · SAP 113-110-07, 113-104-12, AND 113~112-07 Nadeau Utility, inc. 20005 Highway 81 Maple Grove, MN 55311 . No. Item Description Quantity Unit Unit Price Total Mobilization ! .0 L.S. Clearing and Grubbing 1.0 L.S. Remove Stone Retaining Wall 94.0 m Remove Timber Retaining Wall 13.0 m Remove Concrete Walk 2.0 m2 Remove Concrete Steps 2.0 Ea. Concrete Stairway 2.0 Ea. Construct Modular Block Retaining Wall 119.4 m2 Adjust Curb Stop 1.0 Ea. 100 mm Concrete Walk 177.5 m2 Potentilla, Jackmans .6 mm 35.0 Shrub Transplant Perennial 3.0 Plant Sodding Type Lawn 0.0 m2 Mulch Material Type Aggregate 16.5 m3 Select Topsoil Borrow (L.V.) 0.0 m3 Landscape Fabric - Weed Barrier 165.3 m2 Landscape Edging - Commercial Grade 80.2 m Hand rail 2.0 m $2,500.00 $2,500.00 $1,850.00 $1,850.00 $21.90 $2,058.60 $25.55 $332.15 $55.00 $110.00 $2,100.00 $4,200.00 $2,325.00 $4,650.00 $169.50 $20,238.30 $750.00 $750.00 $36.00 $6,390.00 $25.00 $875.00 $45.00 $135.00 $4.20 $0.00 $63.40 $1,046.10 $80.00 $0.00 $2.50 $413.25 $14.40 $1,154.88 $1,650.00 $3,300.00 TOTAL BID COMPLETED TO DATE $50,003.28 MINUS PREVIOUS PAYMENTS ($43,536.87) TOTAL DUE $6,466.41 I hereby certify to the City Council of Columbia Heights that I have been in charge of the work required by the above contract; that all work has been done and performed as measured by and in~ac~ordanct with and pursuant to the terms of said contract. KEWlIil R. ~, p.E. REG. ,O. 21426 DI,~TE~c~ I accept th a~ve~ayment as final for the work done under this contract. NAOEAU UT~UTY, I~C. DATE CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 1998 RETAINING WALL PROJECTS CITY PROJECT NUMBERS 9733, 9734, AND 9738 May20,1999 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Nadeau Utility, Inc. The work consisted of retaining wall construction and related landscaping. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT $ 39,797.89 $ 10,221..00 $ 50,018.89 FINAL WORK APPROVED ALL PRIOR PAYMENTS $ 50,003.28 $ 43,536.87 BALANCE DUE $ 6,466.41 Sincerely, .Y~ HEIGHTS Kevin 1LrYHansen City Engineer CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: ESTABLISHING COUNCIL WORK BY: J. Student BY: SESSIONS FOR JUNE DATE: '~" ~ '"[~'~ DATE:May 19 1999 MOTION: Move to establish Tuesday, June 8, 1999 at 7:00 p.m and Monday, June 21, 1999 at 7:00 p.m. as the dates and times for Council work sessions. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: CITY MANAGER ' S APPROVAL ITEM: 1999-2000 IAFF LABOR AGREEMENT BY: LINDA L. NO: DATE: 5-12-99 TE: The current labor agreement between the city and the International Association of Firefighters, representing Firefighters terminated on December 31, 1998. Negotiations between the City's negotiation spokesperson and IAFF have resulted in a mutually acceptable labor agreement for calendar years 1999 and 2000. The proposed changes are as follows: WaGes: 1999: 2000: 3.5% adjustment over 1998 wages (Current employees shall receive wage adjustments retroactive to January 1, 1999, less $245 per employee.) 3.5% adjustment over 1999 wages Insurance: 1999: '$415 per month (1998=$375 per month) 2000: $455 per month Holidavs: Employees required to work on any of eight designated holidays will receive an additional one- half time for each hour worked on the holiday (1998 - four holidays). Deferred ComDensation: Employer shall pay on a dollar-for-dollar matching basis; $300 per full-time employee fox 1999; $300 per full-time employee for 2000 (1998=$300). Attached is a resolution which would adopt and establish the changes as negotiated for calendar year 1999 and 2000. Also attached is a copy of the new contract language incorporating the changes. The total cost package over the two years is 7.95%. Also attached is a Uniform Settlement Form. Minnesota Statute 179A.04, Subdivision 3, paragraph (n) requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a ~ubstitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.04, Subdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: 1999-2000 IAFF LABOR AGREEMENT BY: LINDA L. MAGEE BY: NO: DATE: 5-12-99 DATE: Page 2 of 2 The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. There is no difference between the percentage change from baseline reflected on the Uniform Settlement form and the total cost package due to the fact that all the Firefighters are at the top of their range, and so there is no movement through the wage schedule. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 99-~' , regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 1999- December 3!, 2000. COUNCIL ACTION: RESOLUTION 99- REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL ASSOCIATION OF FH~EFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and the City's negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 1999 and 2000; WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, TItEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1999 and 2000 for IAFF bargaining unit employees of the City; and BE IT FIYRTI-I]5;R RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 24th day of May ,1999.. Offered by: Jo 11 y Seconded by: Szu rek Roll Call: A11 ayes Gary L. Peterson, Mayor JO-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS May 6, 1999 PROPOSAL TO THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS ARTICLE XVI- HOLIDAYS 16.3 Employees required to work any of the following eight holidays: New Years Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Fourth of July, Labor Day, and Veterans Day shall receive an additional one-half time for each hour they work on such holiday. ARTICLE XVIII- INSURANCE 18.1 The EMPLOYER will contribute up to a maximum of four hundred fifteen ($415) per month per (permanent and probationary full-time) employee for calendar year 1999 for employee life insurance and group health insurance (including dependent coverage). No retroactive insurance benefit payments will be made to any employee terminating employment during calendar year 1999 prior to Council ratification of a 1999 employer contribution rate for insurance. 18.2 The EMPLOYER will contribute up to a maximum of four hundred fifty-five dollars ($455) per month per (permanent and probationary full-time) employee for calendar year 2000 for employee life insurance and group health insurance (including dependent coverage). ARTICLE XXIII - DURATION 23.1 This AGREEMENT shall be effective as of the first day of January, 1999, and shall remain in force and effect until the thirty-first day of December, 2000. In the event a new contract is not agreed upon by December 31 of the bargaining period, the existing AGREEMENT shall remain in force until such new AGREEMENT is agreed upon. ARTICLE XXIV - WAGES 24.1 1999 Wage Schedule Adjustment shall be effective January 1, 1999. No retroactive wage payments will be made to any employee terminating employment during calendar year 1999, prior to Council ratification of a 1999 wage schedule. ARer Level Classification: Firefighter Start to Six Months Recruit Firefighter 65% of Journeyman Firefighter rate Six Months Recruit Firefighter I 70% of Journeyman Firefighter rate Twelve Months Recruit Firefighter II 75% of Journeyman Firefighter rate Twenty-Four Months Recruit Firefighter III 80% of Journeyman Firefighter rate Thirty-Six Months Firefighter I 85% of Journeyman Firefighter rate Forty-Eight Months Firefighter II 90% of Journeyman Firefighter rate Sixty Months Firefighter III 95% of Journeyman Firefighter rate Seventy-Two Months Journeyman Firefighter After Level Classification: Captain Start to Six Months Captain I (96% of Captain m) Six Months Captain II (98% of Captain Ill) 40 Hour Work Schedule $13.94/hour $15.02/hour $16.09/hour $17.16/hour $18.23/hour $19.31/hour $20.38/hour $21.45/hour 40-Hour Work Schedule $22.31/hour $22.78/hour 56-Hour Work Schedule $ 9.96/hour $10.72/hour $11.49/hour $12.26/hour $13.02/hour $13.79/hour $14.55/hour $15.32/hour 56-Hour Work Schedule $15.94/hour $16.27/hour Twelve Months Captain III $23.24/hour $16.60/hour 24.2 2000 Wage Schedule ARer Level Classification: Firefighter Start to Six Months Recruit Firefighter 65% of Journeyman Firefighter rate Six Months · Recruit Firefighter I 70% of Journeyman Firefighter rate Twelve Months Recruit Firefighter II 75% of Journeyman Firefighter rate Twenty-Four Months Recruit Firefighter III 80% of Journeyman Firefighter rate Thirty-Six Months Firefighter I 85% of Journeyman Firefighter rate Forty-Eight Months Firefighter II 90% of Journeyman Firefighter rate Sixty Months Firefighter III 95% of Journeyman Firefighter rate Seventy-Two Months Journeyman Firefighter Atier Level Classification: Captain Start to Six Months Six Months Captain I (96% of Captain III) Captain II (98% of Captain III) 40-Hour Work Schedule $14.43/hour $15.54/hour $16.65/hour $17.76/hour $18.87/hour $19.98/hour $21.09/hour $22.20/hour 40-Hour Work Schedule $23.90/hour $23.57/hour 56-Hour Work Schedule $10.31/hour $11.1 O/hour $11.90/hour $12.69/hour $13.48/hour $14.27/hour $15.07/hour $15.86/hour 56-Hour Work Schedule $16.49/hour $16.84/hour Twelve Months Captain III $24.05/hour $17.18/hour 24.3 Employees shall successfully complete professional qualifications in order to be advanced to the next highest pay level within their classification. 24.4 As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward the State Deferred Compensation Program for every $1 contributed by such employee toward the State Deferred Compensation Program. Such employer contribution will not exceed $300 for calendar year 1999 and $300 for calendar year 2000. 24.5 Current employees shall receive wage adjustments retroactive to January 1, 1999, less $245 per employee. CITY COUI~CI~. I~.TTW. R Meeting of: May 24, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: CITY MANAGER ' S APPROVAL ITEM: 1999-2000 AFSCME LABOR AGREEMENT BY: LINDA L. MAG BY: NO: ~' ~ ' t ~ DATE: 5-12-9 DATE: The current labor agreement between the city and the American Fede zion of State, County, and Municipal Employees, representing clerical and technical employees, terminated on December 31, 1998. Negotiations between the City's negotiation spokesperson and AFSCME have resulted in a mutually acceptable labor agreement for calendar years 1999 and 2000. The proposed changes are as follows: Waqes: 1999: 2000: 3.5% adjustment over 1998 wages 3.5% adjustment over 1999 wages Insurance: 1999: $415 per month (1998=$375 per month) 2000: $455 per month Union Security: Adds language to contract as to what information is provided by employer to the Union on a monthly basis. Grievance Procedure: Modification to Step 2 of the grievance process. union and employer at this step. Takes out discussion of grievance between Discipline: Addition of language in contract allowing employees to request the removal of a written reprimand from their personnel files after one year and no subsequent discipline. Final decision is left to the employer, and is not subject to the grievance process. Holidays: Adds language defining what is meant by regularly scheduled for purposes of this section. Vacation: Adds language defining what is meant by regularly scheduled for purposes of this section. Sick Leave: Adds language defining what is meant by regularly scheduled for purposes of this section. Deferred Compensation: Employer shall pay on a dollar-for-dollar matching basis; $300 per full-tim~ employee for 1999; $3~0 per full-time employee for 2000 (1998=$300). For part-time employees working 1,560 hours or more per year, employer shall pay on a dollar for dollar matching basis up to $225 per employee for 1999 and up to $225 per employee for 2000 (1998=$225). Attached is a resolution which would adopt and establish the changes as negotiated for calendar year 1999 and 2000. The total cost package over the two years is 7.2%. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: 1999-2000 AFSCME LABOR AGREEMENT BY: LINDA L. MAGEE BY: NO: DATE: 5-12-99 DATE: Page 2 of 2 Also attached is a Uniform Settlement Form. Minnesota Statute 179A.04, Subdivision 3, paragraph (n) requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.04, Subdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. The difference between the percentage change from baseline reflected on the Uniform Settlement Form and the total cost package is attributable to the fact that the form includes cost of movement through the wage schedule. This is not included as a part of the total cost package of the City unless there is a change in the wage schedule (ex., added step, etc.). Thus, if the new dollars for wage schedule movement and the corresponding social security, retirement contribution, and long term disability premium attributable to the wage schedule movement were subtracted, the change in baseline would be the same as the total cost package. Likewise, if all members of the bargaining unit were at the maximum of their range, the change from baseline and the total cost package would be the same. RECOMMENDED MOTION: Move to waive the reading of the resolution, ~here being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 99-~, regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 1999- December 31, 2000. COUNCIL~ ACTION: RESOLUTION 99- ~"'~ REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICH~AL EMPLOYEES, LOCAL NO. 495 WHEREAS, negotiations have proceeded between the American Federation of State, County, and Municipal Employees (AFSCME) Council No. 14, Local No. 495, representing clerical and technical employees of the City, and the City's negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 1999 and 2000; WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1999 and 2000 for AFSCME bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 24th day of MAY ,1999. Offered by: Jo 11 y Seconded by: Szu rek Roll Call: Al 1 ayes Gary L. Peterson, Mayor Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES April 19, 1999 ARTICLE IV- UNION SECURITY .5 On a monthly basis, the EMPLOYER shall provide to the UNION a list of all newlk hired bargaining unit members including their names, addresses, social security numbers, job title, and scheduled number of hours per week; a list of all employees who retired or resigned in the previous month; and a list of all name changes or address changes reported for bargaining unit members. This section is not subject to the grievance process. ARTICLE VI - EMPLOYEE RIGHTS-GRIEV~CE PROCEDURE 6.4 Procedure. Grievance, as defined procedure: Step 1. by Section 6.1, shall be resolved in conformance with the following An EMPLOYEE, with or without the UNION STEWARD, claiming a violation concerning the interpretation or application of this AGREEMENT shall, within fifteen (15) calendar days after the first 'knowledge of the alleged violation present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievances within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION to the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) April 1.9, 1999 calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER's final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be' considered waived. Step 5. Any grievance unresolved in Step 4 and appealed to Step 5 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. ARTICLE XIV - DISCIPLINE 14.4 An employee may request removal of a written reprimand from their personnel file provided that one (1) year has passed from the date the written reprimand Was issued and there has been no subsequent discipline. The final decision regarding removal of reprimands shall be left to the EMPLOYER and is not subject to the grievance process. ARTICLE XVII. INSURANCE April 19, 1999 17.1 17.2 17.3 17.4 The EMPLOYER will contribute up to a maximum of four hundred fifteen dollars ($415.00) per month per (permanent and probationary full-time) employee for calendar year 1999, and up to a maximum of four hundred fffiy-five dollars ($455.00) per month per (permanent and probationary full-time) employee for calendar year 2000 for employee life insurance, group health insurance (including dependent coverage), and long-term disability insurance. No retroactive insurance benefit payments will be made to any employee terminating employment during calendar year 1999 prior to Council ratification of a 1999 employer contribution rate for insurance. Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, long term disability, and group dental insurance. Additional life insurance can be purchased by the employee at the employee's expense to the extent allowed under the EMPLOYER'S group policy. By mutual agreement, employees may use up to the amount of the premium for individual dental insurance coverage of the per month per employee health,.life and long term disability insurance dollars in Article 17.1 for dental insurance for all unit employees. ARTICLE XVIII HOLIDAYS 18.8 Permanent Part-Time Employees: Those employees who are regularly scheduled to work 1,040 hours or more per year shall be eligible for paid holidays on a prorated basis. For the purposes of this section, regularly scheduled shall mean the EMPLOYER has determined the employee will work 1,040 hours or more in a calendar year or the employee worked 1,040 hours or more in the previous calendar year and the EMPLOYER has determined the employee will work 1,040 hours or more in the following calendar year. ARTICLE XIX VACATIONS 19.6 Permanent Part-Time Employeesi Those employees who are regularly scheduled to work 1,040 hours or more per year shall be eligible for vacation time on a prorated basis. For the purposes of this section, regularly scheduled shall mean the EMPLOYER has determined the employee will work 1,040 hours or more in a April 19, 1999 calendar year or the employee worked 1,040 hours or more in the previous calendar year and the EMPLOYER has determined the employee will work 1,040 hours or more in the following calendar year. An employee will accrue vacation at the rate based on the date(s) of the employee's eligibility to accrue vacation. ARTICLE XX. SICK LEAVE 20.5 Permanent Part-Time Employees: Those employees who are regularly scheduled to work 1,040 hours or more per year shall be eligible for sick leave on a prorated basis. For the purposes of this section, regularly scheduled shall mean the EMPLOYER has determined the employee will work 1,040 or more hours in a calendar year or the employee worked 1,040 hours or more in the previous calendar year and the EMPLOYER has determined the employee will work/1,040 hours or more in the following calendar year. ARTICLE XXV. WAGES See Appendix A & B. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward the ICMA deferred compensation program for every $1 contributed by such employee toward the ICMA deferred compensation program. Such contribution will not exceed $300 for calendar year 1999 and $300 for calendar year 2000. As a form of additional compensation, the City will contribute $1 per permanent and probationary part-time employee, who is regularly scheduled to work 1,560 hours or more per year, toward the ICMA deferred compensation program. Such contribution will not exceed $225 for calendar year 1999 and $225 for calendar year 2000. ARTICLE XXVI. DURATION This AGREEMENT shall be effective as of January 1, 1999, and shall remain in force and effect until December 31, 2000. CITY COUNCIL LETTER MeetinE of: 5/?a/~999 IAGENDA [NO.: IITEM: Authorization to custodial services SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: seek RFP's for I BY: pi. Rebecca Loader'¥vPt~ { at municipal buildings DATE: 5/17/99 CITY MANAGER APPROVAL BY: DATE: The City of Columbia Heights has had a custodial service contract which covers City Hall, the Municipal Services Center, and the Public Library, with Town and Country Office Cleaning since July 24, 1989. In order to determine the cun'ent market for custodial service contracts and to compare the pros and cons of contractual services versus staff cleaners, staff would like to obtain RFP's from custodial services. Staff meetings have been held to discuss the issues, and specifications have been prepared for the buildings in question. A comparison of costs will be made using the information gathered, and a recommendation for future action will be made based on a thorough analysis. RECOMMENDED MOTION: Move to authorize staff to obtain requests for proposals for custodial services at City Hall, the Municipal Services Center, and the Public Library. COUNCIL ACTION: REQUEST FOR PROPOSAL CUSTODIAL SERVICES CITY OF COLUMBIA HEIGHTS 590 40TH AVE NE COLUMBIA HEIGHTS, MN 55421 The City of Columbia Heights is seeking proposals for custodial services for three City buildings: City Hall, Municipal Services Center, and Public Library. The contractor shall supply all labor, supplies (excluding liquid hand soap, toilet tissue, paper towels, linen towels, trash can liners, deodorizers, urinal blocks which are supplied by the City), and equipment (in good working repair) necessary for the carrying out of the contract. Companies must hold all required licenses, insurance, and bonds. Types of services to b~ performed: Daily, Weekly, Monthly, Quarterly, Semi-annually. A staff member in each department will complete a daily check-list of services completed to be subnfitted for monthly review. Billing will be submitted centrally and allocations charged to individual buildings. Facilities and addresses: City Hall 590 40th Ave.NE Columbia Heights, MN Municipal serVices Center 637 ~8th Ave. NE Columbia Heights, MN Public Library 820 40th Ave. NE Columbia Heights, MN Attached are. sheets with specifications for the individual buildings. To be included as alternates with request for proposal for all buildings: 1. Monthly window washing 2. Annual carpet shampoo 3. Daily light bulb replacement (City to supply lamps) Contact for questions on RFP: Adminstrator of contract: Rebecca Loader (612-782-2805) City Building Official All RFP's Should be marked "RFP for CustodialServices" and are due to City Hall, 590 40th Ave.'NE no later than 4:45 p.m. on mm/dd/1999. The City Council reserves the right to reject any or all quotes and to waive informalities. CiTY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CONSENT AGENDA CITY MANAGER'S APPROVAL ITEM: FIRST READING OF ORDINANCE NO. 1391 BY: CHARTER COMMISSION BY: PERTAINING TO CHAPTER 3, SECTION 16, DATE: 5-12-99 DATE: COUNCIL MEETINGS The Charter Commission has been working on reviewing this section of the charter since last fall. This amendment (Ordinance No. 1391) is different from Ordinance No. 1379 which was first read on November 23, 1998, regarding this same section of the charter. At the second reading of Ordinance No. 1379 (December 14, 1998) there was a Council request to make the emergency meeting notice requirement coincide with state law. Therefore a second reading of Ordinance No. 1379 was not held in December. Notification of special meetings currently reads in the charter to have twelve hours notice. Members of the Charter Commission felt that more notice should be given--in fact 3 days notice. The Commission also felt that the notice should be posted as well as delivered. Both Ordinance No. 1379 and Ordinance No. 1391 presented today address this issue. This section of the charter does not mention a procedure for special emergency meetings as far as notice, posting, and what constitutes such an emergency meeting. The Charter Commission wishes to make further clarification on these items by including notice and posting requirements and providing a definition for "emergency" meetings. The proposed amendment in Ordinance No. 1391 does not require a 12 hour notice for an emergency meeting as did Ordinance No. 1379. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of the ordinance for June 14, 1999, at approximately 7 p.m. COUNCIL ACTION: ORDINANCE NO. 1391 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 16, OF THE CITY CHAR~R OF ~ CITY OF COLUMB~ HEIGHTS PERTAINING TO COUNCII, MEETENGS The City of Columbia Heights does ordain: Section 1: Chapter 3, Section 16, of the Charter of the City of Columbia Heights which currently reads as follows, to wit At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least twelve (12) hours' notice to each member of the c6uncil. Such notice shall be delivered personally to each member or shall be lef~ with some responsible person at the member's usual place of residence. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. IS HEREWITH AMENDED TO READ AS FOLLOWS: At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least three (3) days' notice to each member &the council. Such notice shall be posted and shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manager, may call special emergency meetings of the council. The Council shall make good faith efforts to provide notice of the meeting. Posted or published notice of any such emergency meeting shall not be required. An emergency meeting shall be defined as a special meeting called because of circumstances that, in thejudgrnent 0fthe mayor, any two council members, or the city_ manager, require immediate consideration. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days alter its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: CiTY MANAGER ' S APPROVAL ITEM: FIRST READING OF ORDINANCE NO. 1392, BY: CHARTER COMMISSION BY: PERTAINING TO CITY CHARTER, CHAPTER 8, DATE: 5-11-99 DATE: SECTION 83, PAYMENT OF ASSESSMENTS It recently had been brought to the attention of the Charter Commission by the Assessing Clerk, Jane Gleason, that the charter language should be updated to reflect the increased number of years that the Council has allowed for repayment of assessments. Currently, the charter reads that the period of time for repayment of assessments is ten years. It was suggested that thirty years would be a more accurate reflection of what actually has been allowed by the Council. This would also bring the language into conformahce with state statutes. The Charter Commission has discussed the issue and concurred with the proposed change. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of the ordinance for June 14, 1999, at approximately 7 p.m. COUNCIL ACTION: ORDINANCE NO. 1392 BEING AN ORDINANCE AMENDING CHAPTER 8, SECTION 83 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO PAYMENT OF ASSESSMENTS The City of Columbia Heights does ordain: Section 1: Chapter 8, Section 83 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: The council may provide for payment in a lump sum or in annual installments for a period of not over ten years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. IS HEREWITH AMENDED TO READ AS FOLLOWS: The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Jo-Anne Student, Council Secretary Gary L. Peterson CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Fire APPROVAL ITEM: Resolution No. 99-5~ Being a Resolution BY: C. Kewatt BY: Appointing A Housing Enforcement Official DATE: s~.-~., t~! DATE: May 19 1999 Charles Kewatt, Fire Chief, will retire fi:om the Fire Department on May 28, 1999. He is the current Housing Enforcement Official for the Housing Maintenance Code. A member of the Fire Department needs to be appointed to replace ChiefKewatt. It is being recommended that Assistant Fire Chief Dana Alexon be appointed to fill this position. MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-58 being a resolution appointing Dana Alexon as the housing enforcement official for the Columbia Heights Maintenance Code. COUNCIL ACTION: RESOLUTION NO, 99-58 BEING A RESOLUTION APPOINTING A HOUSING ENFORCEMENT OFFICIAL FOR THE COLUMBA HEIGHTS HOUSING MAINTENANCE CODE WHEREAS, the City Council of the City of Columbia Heights, Minnesota, held a duly authorized (regular) meeting on the 24~ day of May, 1999; and WHEREAS, Chapter 5A of the City Code of Columbia Heights authorizes the administration and enforcement of the provisions of said Chapter, by the City Manager and his/her designated agents; and WHEREAS, facts have been submitted to this body showing that there is a need for a specific housing enforcement official for the Columbia Heights Housing Maintenance Code: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUM- BIA HEIGHTS, MINNESOTA That the City Council of the City of Columbia Heights, Minnesota hereby finds, determines and declares: That Dana Alexon of the Columbia Heights Fire Department shall be 'appointed the housing enforcement official for the administration and enforcement of the Columbia Heights Housing Maintenance Code. Passed this 24t~ day of May, 1999. Offered by: ~tyc ko f f Seconded by: H L/15 te r Roll call: A11 ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Fire APPROVAL ITEM: Resolution No. 99-5t~ Being a Resolution BY: C. Kewatt BY: Authorizing a Housing Enforcement Official to Exercise DATE: Certain License Revocation Powers ~ o ~ w ~ ~ DATE: May 19 1999 By resolution, Dana Alexon was appointed to the position as Housing Enforcement Official. This position receives its authority from the Chapter 5A of the City Code. This authority must be established by resolution at a formal meeting of the City Council. MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-5t~ being a resolution authorizing a Housing Enforcement Official to exercise certain license revocation powers pursuant to Section 5.104(1) (a) of the City Code of the City of Columbia Heights. COUNCIL ACTION: RESOLUTION NO, 99-57 BEING A RESOLUTION AUTHORIZING THE HOUSING ENFORCEMENT OFFICIAL TO EXERCISE CERTAIN LICENSE REVOCATION POWERS WHEREAS, the City Council of the City of Columbia Heights, Minnesota, held a duly authorized (regular) meeting on the 24th day of May, 1999; and WHEREAS, Chapter 5A of the City Code of Columbia Heights authorizes the administration and enforcement of the provisions of said Chapter, by the City Manager and his/her designated agents; and WHEREAS, the City Council of the City of Columbia Heights, Minnesota has appointed Dana Alexon as the housing enforcement official for the enforcement of the Columbia Heights Housing Maintenance Code; and WHEREAS, Chapter 5A authorizes the revocation of a rental license pursuant to the procedures set out in Chapter 5A of the City Code of Columbia Heights; and WHEREAS, facts have been submitted to this body showing that there is a need for the housing enforcement official to act pursuant to Section 5.104(1)(a): THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA That the City Council of the City of Columbia Heights, Minnesota hereby finds, determines and declares: That the housing enforcement official for the Columbia Heights Housing and Maintenance Code shall be authorized to act pursuant to Section 5.104(1)(a) of the City of Columbia Heights. 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Co. *Erik Johnson Concrete/Masonry *Mueller Plumbing Northern Air Corp. Northern Asphalt Const. *Quality Air, Inc. *Value Mechanical, Inc. *Todd Westphai Roofing 5801 Lyndale Ave. N. 2833 Lyndale Ave. S. 3011 Pierce St. N.E. 36605 Lincoln Trail 75 S. Owasso Blvd. 11064 Raddison Rd. N.E.. 10830 Magnolia St. N.W. 1190 Hidden Hills Dr. 1213- 96t~ Ave. 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 POLICE DEPT. SOLICITORIPEDDLERSITRANSIENT MERCHANTS *Gerald Johnson 1298 N.E. 52"d Ave. Within city for one month period June 25-July 25, 1999 *Erik R. Johnson 1298- 52"" Ave. N.E. Within city along parade route June 25, 1999 *Justin Truckenbrod 1300- 52"" Ave N.E. Within the city along parade route June 25, 1999 8100.00 50.00 50.00 PUBLIC WORKS DEPT. TREE SERVICES CONTRACTORS Rainbow Tree Company 2239 Edgewood Ave. S. 50.00 license.ag CITY COUNCIL LETTER Meetin~ of: May 24, 1999 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: ~5~ CITY MANAGER NO: Community Development1'~ APPROVAL ITEM: Currency Exchange-State License App. BY: Joe Hollman.~ BY: NO: 4110 Central Avenue NE DATE: May 19, 19~9 Issue Statement: Curt Potts, President of Younge, Ports, Wiezer & Company, Inc. is requesting permission from the City to operate a currency exchange business at 4110 Central Avenue NE. Background: According to Chapter 53A.04 of Minnesota State Statutes, the Commissioner of Commerce may not approve an application for a Currency Exchange license without the concurrence of the governing body. The governing body is required to give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. Currency exchange is defined as "any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee." This does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1 or one percent of the value of the check or draft, whichever is greater. State Statute requires that currency exchange operations be separated by a minimum ½ mile distance. The intent of this legislation is to provide some separation between operations. When this legislation was originally drafted, there was particular concern in Minneapolis and St. Paul. Apparently, there are a number of currency exchange operations along Lake Street that are within ½ mile of each other, but these have been "grandfathered' in and are allowed to remain. Note that some local jurisdictions require more than a ½ mile separation through their zoning regulations. Currently, there are approximately 30 cun'ency exchange operations around the Metropolitan area. Within the past couple months, the State has received roughly another 20 applications. Analysis: The property is zoned CBD, Central Business District. The Columbia Heights Zoning Ordinance does not specifically regulate currency exchange operations, but its function and land use impacts are similar to a financial institution which is permitted in the CBD. The proposed business will be moving into the tenant space next to Cost Cutters at 4110 Central Avenue NE. As mentioned earlier, the State licenses these operations. The following provides a summary of State requirements. 1. Not more than one place of business may be operated under the same license, but the commissioner may issue more than one license to the same licensee. Note that the applicant is involved with three other currency exchanges (Younge, Ports, Wiezer & Co., Inc. at 7620 Lyndale Ave. in Richfield; Landmark Financial at 942 Payne Ave. in St. Paul; and, Endeavor Financial at 577 University Ave. in St. Paul). 2. No license may be issued or renewed if the place of business is located or proposed to be located within one-half mile of another licensed currency exchange. There is not another currency exchange business within one-half mile of4110 Central Avenue NE. The nearest currency exchange operation is roughly .8 miles from the subject property. 3. A licensee may not contract with another person or business entity to manage the currency exchange business. When evaluating this request it is importflnt to note that the State Statute defmition of currency exchange differentiates currency exchanges from banks, trust company, savings bank, savings association, credit union, and industrial loan and thrift company. Because the Zoning Ordinance does not specifically address currency exchanges, the City Planner made an administrative interpretation that the proposed operation should be grouped with financial institutions due to their similar land use impacts. ~wever, because of the State Statute definition, a different interpretation could be made that e~urreney exchange should not be grouped with financial insti~ia Heights zoning regulations. , ~entl¥ in the process of rewriting the Zoning Ordinance and updating the Comprehensive Plan. Because the. ~_State differentiates currency exchanges from oiher financial institutions it is staff's opinion that the revised Zoning -, .~Ordinance should specifically address currency exchanges~ A Master Redevelopment Plan tbr Downtown Columbia I-leights has also been initiated. A market analysiS will be conducted as part of the master planning process which will provide direction as to the type of businesses needed in Columbia Heights. Staffhas concerns about the overall market for City Council Meeting of May 24, 1999 Currency Exchange License Application Page 2 financial institutions in Columbia Heights. The former Norwest Bank building at 4101 Central Avenue has been vacant for a number of years, and Norwest will also be closing the facility at their current location which they have occupied for only a few years. There is also a vacant bank building on Stinson Boulevard, formerly occupied by First Bank. It is anticipated that the market analysis will provide the City with information on whether more financial institutions can succeed in Columbia Heights. Additionally, the proliferation of automatic teller machines and the internet in recent years has changed how financial services are provided to the public. Because of the market concerns and lack of clarity in the existing Zoning Ordinance to address land use issues and technology changes, the City Council may want to consider as an option the imposition of a 12 month moratorium on locating financial institutions in the City. This moratorium could be lifted once the Zoning Ordinance rewrite, Comprehensive Plan update, and Master Redevelopment Plan have been completed. The adopted policies and guidelines will provide a better basis for evaluating the appropriate zoning and performance standards applicable to financial institutions. Recommendation: Staff offers the recommended motions listed below. Note that Recommended Motion is a motion to adopt Resolution 99-54, which is a resolution approving the application. The Alternate Motion is a motion to adopt Resolution 99-59 which is a resolution to deny the application. The Alternate Motion Regarding Moratorium adopts Resolution 99-60 which is a resolution imposing a 12 month moratorium on establishing new financial institutions in the City. Recommended Motion: Move to waive the reading of Resolution 99-54, there being ample copies available to the public. Move to adopt Resolution 99-54, a resolution approving a currency exchange license application at 4110 Central Avenue NE. Alternate Motion: Move to waive the reading of Resolution 99-59, there being ample copies available to the public. Move to adopt Resolution 99-59, a resolution denying a currency exchange license application at 4110 Central Avenue NE. Alternate Motion Regarding Moratorium: Move to waive the reading of Resolution 99-60, there being ample copies available to the public. Move to adopt Resolution 99-60, being a resolution imposing a twelve month moratorium on establishing new currency and other financial service institutions within the City of Columbia Heights. Please find the following ' i. information attached: Resolution 99-54 approving application; Resolution 99-59 denying application; Resolution 99-60 imposing a moratorium; Map illustrating other financial institutions in area; State License Application; Section 53,,1.04 of State Statute; and, Official Publication, Focus News, Thursday, May 6, 1999. COUNCIL ACTION: RESOLUTION 99-54 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL APPROVING AN APPLICATION FOR A CURRENCY EXCHANGE LICENSE WHEREAS, the President of Younge, Potts, Wiezer and Company, Inc. has submitted a license application to the State of Minnesota to operate a currency exchange business at 4110 Central Avenue NE in Columbia Heights; and, WltEREAS, Chapter 53A.04 of Minnesota State Statute requires that currency exchange license applications shall be submitted to the governing body of the local unit of government in which the applicant is proposing to be located; and, WHEREAS, a notice of the City's intention to consider the issue has been published in the May 6, 1999, edition of the Focus News; and, WHEREAS, the City has 60 days from April 16, 1999, to take action on the request; and, WHEREAS, there is not another licensed currency exchange operation within one-half mile of4110 Central Avenue NE; and, WHEREAS, the proposal is in compliance with the Columbia Heights Zoning Ordinance. NOW, THEREFORE BE IT RESOLVED by the Columbia Heights City Council that the application for a currency exchange license to operate at 4110 Central Avenue NE is hereby approved. NOW, THEREFORE BE IT FURTHER RESOLVED by the Columbia Heights City Council that the applicant shall be responsible for reimbursing the City for costs to publish notice and to send written notice to adjacent properties within 300 feet of the subject property. PASSED THIS Offered by: Seconded by: Roll Call: DAY OF ,1999 . Mayor Gary L. Peterson Jo-Anne Student, Council Secretary RESOLUTION 99-59 BEING A RESOLUTION OF TH]~ COLUMBIA HEIGHTS CITY COUNCIL DENYING AN APPLICATION FOR A CURRENCY EXCHANGE LICENSE WI:IEREAS, the President ofYounge, Potts, Wiezer and Company, Inc. has submitted a license application to the State of Minnesota to operate a currency exchange business at 4110 Central Avenue NE in Columbia Heights; and, Wl:ll*,REAS, Chapter 53A.04 of Minnesota State Statute requires that currency exchange license applications shall be submitted to the governing body of the local unit of government in which the applicant is proposing to be located; and, WI-IEREAS, a notice of the City's intention to consider the issue has been published in the May 6, 1999, edition of the Focus News; and, Wl~REAS, the City has 60 days from April 16, 1999, to take action on the request; and, wm*,REAS, the City Council has determined that a currency exchange is not the same as a bank, savings and loan, or other financial institution, and is not a permitted, conditional, or accessory use in the Central Business District of the City; and, WI-IEREAS, the Columbia Heights Zoning Ordinance is in the process of being rewritten, and the City Comprehensive Plan is in the process of being updated; and, Wl:tEREAS, a market analysis will be conducted as part of the Master Redevelopment Plan for Downtown Columbia Heights which will provide the City with information on the market demand for additional expanded land uses including currency and other financial services in Columbia Heights; and, NOW, Ticl'EREFORE BE IT RESOLVED by the Columbia Heights City Council that the application for a currency exchange license to operate at 4110 Central Avenue NE is hereby denied. PASSED THIS Offered by: Seconded by: Roll Call: DAY OF ,1999 . Jo-Anne Student, Council Secretary Mayor Gary L. Peterson RESOLUTION 99-60 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL IMPOSING A TWELVE MONTH MORATORIUM ON THE ESTABLISHMENT OF CURRENCY AND OTHER FINANCIAL SERVICE INSTITUTIONS OR BUSINESSES WITHIN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City Council of the City of Columbia Heights is concerned about the overall market for new currency and other financial service institutions or businesses within the City of Columbia Heights; and, WHEREAS, there are several vacant buildings in Columbia Heights formerly occupied by financial institutions; and, WHEREAS, the City Council has determined that the existing Zoning Ordinance lacks clarity to adequately address current standards for currency and other financial service institutions or businesses; and, WHEREAS, the Columbia Heights Zoning Ordinance is in the process of being rewritten; and, WHEREAS, the City Comprehensive Plan is in the process of being updated; and, WHEREAS, a market analysis will be conducted as part of the Master Redevelopment Plan for Downtown Columbia Heights which will provide the City with information on the demand for additional/expanded land uses including currency and other financial services in Columbia Heights. NOW, THEREFORE BE IT RESOLVED THAT the Columbia Heights City Council hereby imposes a twelve month moratorium on the establishment of new currency and other financial service institutions or businesses in Columbia Heights, with said moratorium commencing and effective the date of adoption of this resolution, and recognizing said twelve month time period may be shortened by adoption of a resolution of the City Council upon earlier consideration of findings. PASSED THIS Offered by: Seconded by: Roll Call: __ DAY OF ,1999 . lo-Anne Student, Council Secretary Mayor Gary L. Peterson City of Columbia Heights Columbia Heights Financial Institutions -==j==----=~i~ , WIK . . I D ~p ~sc~pao. ~a ~ato~  ~1~ H~ P~ng ~is map illus~tes ~e g~raphic ~i~ia Hei~ ins~ons along Ce~ Av~ue < in C~um~a Heights. ~ ~ ~ = ~,~33 f~ ~- ]:~9,6~ · ~ ~ap Date: May ]2, May 3, 1999 MINNESOTA DEPARTMENT OF COMMERCE Financial Examinations Division Mr. Joe Holman City Planner City of Columbia Heights 590 40th Avenue Northeast Columbia Heights, MN 55421 RECEIVED 6 1999 '~0MMUNIT¥ DEVELOPMENI Dear Mr. Holman, Enclosed is an application by Younge, Potts, Wiezer & Co., Inc. d.b.a. Currency Exchange III to operate as a currency exchange company at 4110 Central Avenue North, Columbia Heights, Minnesota 55422. Minnesota Statute 53A.04(a) states: '~Vithin 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, if the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision." A copy of the completed application submitted to this department is enclosed for your review and approval. Per Curt Potts of Younge, Potts, Wiezer & Co., Inc., a copy of the application was also submitted to you on April 16, 1999. Please respond back in writing within 60 days of the receipt of this notice as to the decision of the governing body regarding the application for the currency exchange operation. If I do not hear from you within 60 days, approval will be presumed and the license will be issued. If you have any questions, please call Senior Examiner Leah Grobove at (651) 296-2297. Sincer. ,~ Deputy Commissioner Img Encl. cc. Mr. Curt Potts 133 East Seventh Street, St. Paul, MN 55101-2333 Telephone (651) 296-2135 · Fax (651) 296-8591 ° TTYfFDD (651) 296-2860 e-mail: financial@state.mn.us Web Site: www.commerce.state.mn.us An Equal Opportunity Employer STATE OF MINNESOTA DEPARTMENT OF COMMERCE 133 EAST SEVENTH STREET ST. PAUL. MINNESOTA 55101 (651) 296-6319 CURRENCY EXCHANGE LICENSE APPLICATION (For Department Use Only) LICENSE NUMBER PROCESSING DATE NAIC NUMBER INSURANCE COMPANY BOND NUMBER J The data which you furnish on this form will be used by the Department of Commerce to assess your qualifications for a license. Disclosure of your social security number is voluntary. You are not legally required to provide this data, however. if you do not provide your social security number the Department of Commerce may be unable to grant a license. The Department may use social security numbers for revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for identification purposes. After issuance of a license, all information contained in this application, except your social security number, is public pursuant to Minnesota Statutes, Chapter 13. A. TYPE OF LICENSE '~,,N EW INDIVIDUAL PROPRIETORSHIP E3 RENEW O AMENDED NAME LIMITED LIABILITY CORPORATION I"l PARTNERSHIP B. APPLICANT INFORMATION NAME OF CURRENCY EXCHANGE NAMI~ OF CORPOI=~,TION OR PARTNERSHIP (see #5 of instructions) Vg k'. L'o. BU~[NES~b~ES~ (No:Post ~ffi~ aD,es) NAME O~ INDI~I~U~ANAGING THIS LOCATION CODE iTELEPHONE .ALL applicants must answer the following questions. If any questions are answered "YES", you must attach a detailed written explanation and all legal documentation, if applicable. Have you, any of the owners, ;~partners, officers, directors or sha'reholders owning more than 10% of the corporate stock, or any employee with the authority to exercise management or policy control over the company ever: YES NO 0 ~ 1. o. 2. Held a currency exchange license in any other state other than Minnesota? If YES, the new license application must include a verification of license certified by the state(s); all other applicants must verify that the certification(s) previously submitted is accurate. Been the subject of any inquiry or investigation by any division of the Minnesota Commerce Department? O ~ 3. Had any occupational license censured, suspended, revoked, cancelled, terminated or been the subject of any type of administrative action in any state including Minnesota? YES NO ~3 ~ 4. Have you ever been charged with, or convicted of, or been indicted for, or entered a plea to, any cdminal offense (felony, gross misdemeanor or misdemeanor), other than traffic violations, any State or Federal Court? in ¢'1 '~ 5. Been a defendant in any lawsuit involving claims of fraud, misrepresentation, conversion, mismanagement of funds or breach of contract? 6. Been notified by the Commissioner of Revenue, pursuant to Minnesota Statutes, Section 270A.72, that you currently owe the State of Minnesota taxes? 7. Have any unclaimed property (unclaimed funds or property over 3 years old) to report under Minnesota Statutes, Section 345.37? ¢'I ~ 8. Filed for bankruptcy or protection from creditors or currently have outstanding unsatisfied judgment(s)? J~ ~ 9. Been affiliated with any other currency exchange? ? I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED IN THIS APPLICATION AND ANY ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT THIS DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FROM THE FORM ADOPTED B~THE DE~RTMENT OF COMMERCE. Signature of Owner, Partner or Corporate Officer Date PLEASE PROVIDE THE FOLLOWING INFORMATION ON AN ATTACHED SHEET: All NEW applicants must provide a signed, notarized statement from the applicant stating the proposed location of the currency exchange is not located within 1/2 mile of another currency exchange. r'l A current fee schedule of all fees charged by your currency exchange office for cashing checks, money orders or travelers' checks. The list MUST include the type of check cashed, the fee that is charged, and whether or not the fee varies depending on the amount of the check. I~ A list including the name, date of birth, title, address and social security number for the following individuals: any owner, partner, officer, director, stockholder (owning 10% or more of the corporate stock), or any employee with the authority to exercise management or policy control over the company. I~ All individuals listed above must request that the Bureau of Criminal Apprehension conduct a background investigation on the form provided. Completed form(s) MUST be submitted With your license application. ~ The work experience covering ten (10) years prior to application for each person listed above. INSTRUCTIONS 1. To apply, complete (please type orpdnt in ink) and submit this form with the $300 fee to the Department of Commerce, 133 East Seventh Street, St. Paul, MN 55101. Check or money order must be payable to the "MINNESOTA COMMERCE DEPARTMENT'. WE CANNOT ACCEPT CASH. Incomplete forms will be returned to the business address listed. 2. In order to become licensed, the applicant must provide the Commissioner of Commerce with a $10,000 bond (on the form included with this application). 3. If applicant is a corporation, attach a copy of the Articles of Incorporation filed with the Secretary of State. Applicants must also provide a list identifying the percentage of ownership for each officer and director (including manager) and stockholder. 4. If the aPplicant is a partnership, attach a copy of the Articles/Agreement of Partnership and a list identifying the percentage of ownership by each partner. 5. The name under which the business will be conducted must be exactly the same as the name on your license. If operating under any name other than the exact corporate or partnership name or, if an individual proprietorship doing business under any name other than your first and last name, attach a copy of the Assumed Name Certificate by the Minnesota Secretary of State (651) 296-2803. Affiliation with 3 Currency Exchanges I, C___~ po.~am affiliated with other currency exchanges at the following locations: Younge, Ports, Wiezer & Co. Inc.mOwner 7620 Lyndale Ave (.2.gicM~eld, MN 55423 Landmark Financial mPartner 942 Payne Ave. St. Paul, MN 55101 Endeavor Financial~Parmer 577 University Ave. St. Paul, MN 55103 Notarized 1/2 Mile Distance from another Currency Exchange I, Curt Ports, Owner of Younge, Ports, Wiezer & Co.am stating that the proposed location is more than 1/2 mile from the nearest licensed currency exchange. J N ot~y ' ~ ~l~.lC - MINNESOTA ~ 1999 FEE SCI:I'EDULE 41~0 CENTRAL AVE. NORTH COLUMBIA lqEIGHTS, COMPUTERIZED PAYROLL CHECKS- --2.5%* HANDWRITTEN PAYROLL CHECKS-~3%* GOVERNMENT CHECKS UNDER $500 .... 2.5% GOVERNMENT CHECKS OVER $500- -3%* TRAVELERS CHECKS INSURANCE CHECKS, ==3%* --.4%* MONEY ORDERS WITHOUT RECEIPT- $%* PERSONAL CHECKS. 15% *THERE IS A .50 SURCHARGE ON EVERY CHECK OF $I00 OR MORE. List of Owners Curt R. Ports-12-31-69--Owner 8135 Foxberry Bay Savage, MN 55378 475-15-4981 TO: Department of Public Safety Bureau of Cdminal Apprehension 1246 University Avenue St. Paul, Minnesota 55104 BCA FORM - CURRENCY EXCHANGES RE: Request for Background Check Currency Exchange Licen_s~,~,(~hapter 53A) (Print Nar~e) , date of birth /.5~-3[-- ~ , have made application to the Minnesota Department of Commerce for a Currency Exchange license under the provisions of Minnesota Statute chapter 53A. If I am not the applicant for licensure I am either an officer, a limited/general partner, a manager or a shareholder and will own ten percent (10%) of the stock. Or, I am an employee with the authority to exercise management or policy control over the company. I hereby request the Bureau of Criminal Apprehension to conduct a background investigation of ,, l],~,~ .me f°r ~ensing P:i°s~s required under Minnes°ta Statute chapter 53A' /~¢~. Signature and Title Date CURRENCY EXCHANGE APPLICANT This form must be completed by the Minnesota Department of Public Safety, Criminal Apprehension PRIOR TO submission to the Department of Commerce. There is an $8.00 fee for each background check which should accompany this form. Make check payable to the Department of Public Safety. NOTE TO BUREAU OF CRIMINAl. APPREHENSION: Please enclose completed background investigation in a sealed envelope along with this letter. REV. 6/95 This form may be reproduced. STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 55104 - 4197 (651) 642-0670 TTY (651) 282-6555 Date: 040899 Name: POTTS, CURT RAYMOND DOB: 123169 SEQ #: 1064 This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this search indicates that no record was found based on the above search criteria. This does not preclude the possible existence of additional information located at county or city levels. If you have questions about this record please contact the telephone number above. :~TAI'~ OF MINNESOTA BOND NUMBER: RED1036176 CURRENCY* EXCHANGE SURETY BOND KNOWAL/. PERSONS BY THESE PRESENTS: Thmt YOUNGE, POTTS, WIEZER & CO., INC. (N~.~ of Currency .CHECK CAS.HING~ A MINNESOTA CORPORATION (L'~'~,~,~n or form of b~,_~_e o~.~'.on. [r',~_~ding ~te of incorl~omtion) w~thbu~ne~of~ce~t 4110 CENtRaL ~VE~T_TE, COL~v',_~'rA HE~G~7.'$~ MIt~TE$O~A ~5421 (~,~, Addrm~. C~. S~, Z~) ' PRINCIPAL. Ind (N~me ~f Surety) "' corPOra~ ~ oqianized under the I~ of the Slate of IOWA which i$ authorized to engage In the business of insurance in th~ Stml~ of Minnesota, as SURE'TY, mm he~y held and flm~y bouncl to the Department of Con'wn~,ce of the Slate of Minnesota In the ~m of TEN THOUSAND DOLLARS ($10.000). Principal and Surety hereby bind themselves their repr~tlves, succ~ssoe~ end a~aign=. ~ ~lnd ~evemily by these pr~eent~. 1. The purpose or* this obligation, whic~ ~s r~qutred 1:5, Minnem:~& Statutes. Section 53A.08. is to secure the ~ by IWinclpal wffl~ the tem, m of Minne~t~ Statutes, Sec~ $3A.02 to 53A. 13. and any ~er legal obt~atlons ad~,ing out of the Principal's ;onduct 2. This b(md is for the benef~ of ttm $tm*m of Minnesota -,nd all per~s Suffering dameg~ by' meson of the Principal's failure to ecu~ply wire It' the P~I ~hell vlole~ Mia, resole S'tmtutes, Sec'don 53A.02 to 53A.0~. er other legal obll~Uons arising ~ut of ils co, duct ss a currency exctmn~e, the Commi~iormr of Cornmercm, as ~ as any person damm:j~d as a r~,ult of such viotaflon shell have. in m~liflon to ~!1 oth~' 1~ injur~ This bond sl~ell be ef~ecflve from MAY ]., 1999, un~i/Oec~mber3;.1999* Signed a,'~d $~ this .,7TH day of APRIL KEDI,A~ND I~TSURANCE COMPANY THOMAS H. FAIRFI / YOUNGE, ~OTTS, WIEZER & CO., INC. ( ,g~tum of Pm~ldant, Partner, or So~e Proprietor) FOR OFFICE U~y Approve(I U to form and execution by the Director ~f Lic~~ SIGNATURE DATE .~-v. ~s (OVER) [Notary Seal] NotaP/Public ............ ' ......... ................... STATE OF ) COUNTY OF ) ss. ) ACKNOWLEDGMENT OF PRINCIPAl. On this . day M .199 , before me pamonally al:)peamcl ~ to me to be a partner in the parl~arahlp whole name is sub~lbed on thll 1~3fld form. who acknowfedgecl to me fiat this bond was executed on behalf of the pattnemhip for the purposes therein contained. (Notary Seal] NMary Public COUNTY OF ~{~-P'~'~ v~.lo i r-~ ) 65. ACKNOWLEI:N3MENT OF PRINCIPAL ) ) aa. ACKN~ME~ OF SUR~ a~ to =~ ~ ~ REDL~D ~NSU~CE COMP~ STAT~ OF TOWA , ~m~n, ~ ~h~ of the ~o~n. I~i'~ WR~3HTCOUNTY ! REDLAND INSURANCE COMPANY POWER OF ATTORNEY FlED 10 3 617 6 KNOW ALL MEN BY THESE PRESENTS, THAT RE'DLAND INSURANC1/COMPANY does hereby make, cons~itme m~d appo/nt Thoma~ H. Faidieid*Michael D. WilLiams*WilLiam [. Nemec*Laur/e A. Ro~meyer~Barbara N. Fairfield of MinneapoLis, MN its hue and lawful Attorney-in-Fact, to make, execute and deliver on its be2mli Surety bonds, undertakings and other instruments of simaar nature as foaOa~: written instruments in an amount not to exceed $2,000,000 ors or me company on th~ 18th d,y of Octo~, 199'3. of the following Resolution adopted by the Board of "R£SOLV£D, that th~ Chairman of the Board, the President, an Executive Vice President or a ex?t.e m ~n~. or the Company, bon~, undertakin~/~: ..... ~Y.-_m-_.r .asr ..nam~ m me ~av? Power of Attorney to suc, ^ttorney-m-t,act or agent and revoke any' Powe~'%f Atto~n~; ~.~ .~m,~-~or~.,s,~mm,a~._ _n~._~t~_, andsmd omcers may rename any FURTHER R£SOLVED, that an Assistant Secretary be, and that each or any oE them hereby is, authorized to attest the execution of eny such Power of Attorney, and to attach thereto the seal of the Company. s~gnatures or facsimile seal shall . . ~ ~r or ^~torney or certificate ~ such f ' ' · be bmdin u n the Corn . . g acsimile IN WITN£SS WHEREOF, R£DLAND INSURANC£ COMPANY has caused its official seal to be hereunto a~fixecl, and these presents to be signed by its President this ISth day of October, 1993. Attest: PETER A. KNOLLA Secretary STATE OF IOWA REDLAND INSURANCE COMPANY By I COUNTY OF POTTAWATTAMIE } s.s.: Council Bluffs JOHN P. NELSON President On this 18th da of October, 1993 before me personally came John P. Nelson, to me kno who b ' _cl,_e_~__s~. and say tha.t L.C.is .President of REDLAND INSURANCE COMPAtaV ,~. ....... ,wn, -_ ems b.x ,me,duly sworn, did a~uve msmJment, that rte v~.,~ ,~._ --_, _: .c __.. . . ,- · ~,,~ ,-urp'urauon aescrioea in ar~ which exec~JtL~ fha · ~-.~ um :,~a: or me sma co ratio that · · . ......... Y d o ........ u~ :~uu corporauon an~l that ne si~4 ~-; .............. ~or~. , o,~- ,~,-- ,~m umre[o Dy race oraer. k J NOTARY PUBLIC M/ My Commission E~ March 1~, 1996 the ' . . ~=u~m4~ m [tm. l~rce ~ rlas rtot Dee~l revog · · ~ of Directors, set ~orth m the starpower of Attorney, is now in force. ~;~a~d &u~ermore that the Resolution Signed and sealed at the City of Council BluEs, in the State of ~owa, dated the ?TH day o~ A-PR:L ,1999 : ROGER D. STORDAHL ;'" ' ' THIS Vice Pres/dent · ~' ~: YOU HAVE AJVY OUESTIONS CO~C'~o~,- ..... :,.~.~,_~..~,,.~.,,_~._,tN ARTIFICIAL WATERMARK-HOLD AT AN ANGLE TO VIL~ IF : ". -'-~ ~.~. ~19 INSURANCE COMPANY AT C/0 80 OLD c,~,r~ .,~.~ ~,~, ....... . CU ENT YOU ARE URGED TO CONTACT REDLAND fi .~.~' ~ ,, - -~ ,, ...... -..~-,,... ..... :j 'X' ,.. ~ Work Experience for past 10 Years I, Curt Ports have worked for l.~dmark Financial since May 1992. Previous to that I attended college at Oral Roberts University from August 1988 through May 1992. SECRETA~Y'OF STATE ~ OEP~?M~°~772 ARTICLES OF INCORPORATION Business and Nonprofit Corporations ' TO ~D~E THE ~ OF YOUR ~CUM~ ~E SUBM~ A ~PED. S~F-A~~~ ~ The un~emign~ in~t~s) is an (am) i~uat(s) 18 yearn of ~e or ~der and ado~ ~ f~g a~ of in~r~m~n ~ ~ a (~ ONLY one}: AR~C~ i ~E The name of ~ ~n ~: ARTICI. E !] REGISTER.ED OFFICE ADDRESS AND AGENT The r~iste~Kl ~ a{ t?~.e II:)c~e eclclml~ ~: F,,ZF." .'.; ,' '.""hiT OF STATE I hereby c~r:i~ that this is a true =nd.:c'o'm[::~t'~t~ copy of the a=cu~z~~ ~s [il~ ~r record in SECRETARY OF STATE G00.37'71 CERTIFICATE OF INCORPORATION duly signed and acknowledged under oath, have been file~t on incorporation of =he folluwlmg corotar!on, under and accordance with =he provisions of =he chap=er of laws of M£nneso=a. Corporate Narc: ¥ounge, ~o=ts, Wieze= & Company Inc. co,orate Char~er Nua~r: 9Y-943 Chapter Formed Under: ~02'A This certificate b been issued on 01/08/1998. Secretary o[ State. ~"INNESOTA SECRETARY OF CERTIFICATE OF ASSUMED NAME Read the directions on reverse side before completing. Minnesota Statutes Chapter 333 SE.CRE TAR Y 0F $'rA7 ~ Filingr fee= ~2~.~0 9 3 ~ ~ 22 ~ The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable consumers to be able to identify thCtrue owner of a business. PLEASETYPE OR PRINT LEGIBLY IN BLACK ~NK FOR MICROFILMING PURPOSES. 1. State the exact assumed name under which the business is or will be conducted: (one business name per application) 2. State the address of the principal place of business..A complete street address or rural route and rural route box number is required; the address cannot be a P.O. Box. 4///{_) Street City State Zip code List the name and complete street address of all persons conducting business under the above Assumed Name. Attach additional sheet(s) if necessary. If the business owner is a corporation, provide the legal corporate name and registered office address of the corporation. Name (please nrint! Street City State I certify that I am authorized to sign this certificate and I further certify that I understand that by signing this certificate, I am . Minnesota atutes section 09.48 as if I had signed this certificate under oath.subject to the penalties of perjury as set forth in Si~r'~ture (O~LY or~e personJisted in #3 is required to sign.) Date Print Name and Title Contact Person Daytime Phone Number 05920807 Re~ 11/98 013115 EXCHANGES CHAPTER 53A CURRENCY 53A.04 Approval or denial of an application. (a) Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision. (b) If the application is denied, the commissioner shall send by mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days of receiving the notice of a denial, request a contested case headng pursuant to chapter 14; provided that if the denial is based upon the refusal of the governing body to concur the governing body must afford the applicant a hearing. The applicant shall have no dght to the headng provided for in this section if the denial is based upon the governing body's refusal to concur but shall have a heating before the governing body. (c) This section applies to initial applications and renewal applications. (d) The state shall have no responsibility for the action of the governing body. ce ,DUSTRIAL BLVD.: ~Y, MN 55421. properb/ ~ of at a private :tobe iai Storage, · 'ridley, MN, 55421 on the ;,'at ! 0:00' A.M. Hills; MN 551.12 'ate ~3A~19RODD442980) ~ Mack' ~.~..~ Portlan~ Ave. S.:#105 :apolls, MN 55404- y 6,_13, '1999).., Fridley, a. Hei~ihts, Hilltop, bes~m~mll n~sc. iten~ : I~JBLI.C. ATION -~- CITY OF COLUMBIA HEIGHTS ;.' NOTICE .,I~_PUBUC HEARING. ~Notice.is ~'e/!..-.that~the City of .Mi _.n~._ will hold a al~lica- busi- ~ It ~.~.4~.1 NE. · .of cashing :'or travelers' fee'.' ~:~". .: ... t *Average NE, Heights,.l . ~ 24, ,?:00 PM;.?-~=' * ..,, ~ ..,;~.~. ~,.- ~'.~,,...~,~. . . di_s,j~b.d.ity.~n =FORE~E - · ' . · ; . ~. :-- ..... ' :" - ;--[w~r&Q~e[ ~ .' ~ ' ' .... "'**' "' " ' ' '~ ' ' 'of ~t m~ Fridley ~unicipal~'= F~.:: ,pnnmrc?~ee, ~-:T .:~:::?.:'. ,. =~'~-'~'-'~:~ ~i~tiii....~fl~'ii~i::for ~di- J~e~ 'A~n~ N.E. o~ :': :'; .:~;f':- ' ~ ~ minim, ~, .: .??~: .... ':~' .....::~'~[~::~ ~' ~-:~P~ pe~oni 'ire; aYaiT~ble Upon 1 of ~'~ez~i~g' ZOA ~ .:. :':7'.: ~'~ ~ S'[- '"~ .... .~*m~-:'~* '.~ ::. *.~.::.: ~S, MN.'.5~8 '~ !~1Secmm~ ~.~2:2~0= t~ make o F~mily zoning to R-3 -":~ ,:~ ~mpme~ s~ker m ~: ~:-~:~::.- *-~% ~'Y' I~m-'~c~x~ls~::;=~?~~y).''-' "*' - ::~"~:~'~.*:~-.-'.:-:-~' ' 3la Un ts zohing,.Jega y ,?-~ ='~"J.~-' ' ~m~ 2~min bikes m~e ::m::~ . '~s'~a~~m~l ~.:.(May. 6; 19~.C~l~mbi~ ~e~g~ts, ' ' '~' , - - x lantern 21~ s ' ' '"' '~"'='~'"~'~ *~ .... ' ' ' "-' Lot 11, Block ~. Melody'.:_=::.?. ". ~ , .. P , : ':.. ".. :.:....- - ,- p~ ..... :~I?,Bla~, Fn~ey, Hdit~,.~p~ng.~ P~ rally'*':loc~ted.: ~t .7411 ": ~ ~fiag to ~ ~am ~' m ~ at ~*~ve. ~.:::.-~ .: ' Mind.lis, MN ~418 ' ~d place.: Any questions' - --' .(C~r, ~la, a~adum, sto~, -' ~m, ~4, %y.._-~.~:='ln~dent School District 14 (F~lay mvh~ referred tn * ' ~ mi~ ~=me ~ * . · -. ~) , ', .:.:.. - - - .: P~I~ ~h~ls) will ~ive sealed bids -;'~'~; ~'~-": r~=*:'T~-~s* a~'~'~109~ - '; ...... ~ ~'~ . '.for window replacement.at the Fridley ~,,.:,~ .... ,?~?~-.,.-~.~. *:' r~.~.~:~:~ , ..~.-~,: :'.~ _ (May 6, 13, 1999) Fridley, Blaine,' M~ ~ ~ to ~ ~r~- - '~ ?/::..~.~: .; cc~:-..~;~; .~;i~ll'-'.: · ' :~' "= ' Columbia Heights, Hilltop, Spring Lake 'fl~ ~ file in ~ o~ of ~ DiVot of ~reo pemons planning to ,.,.-~- ~'~;~'~, e,'~ =" ~ . '"' Pa~ ~us ~ws . . ~ ' Maintenance 6000 West Moore Lake ~ an ~nte~reter or other sebilittes who require auxil- J c~ntoct Roberta Collins at ' '~' ' 19~9) Fridle¥ Blahe':. "-,*~ (2 dresser~ boxes, benches, :~.:.- : *.'* Blaine, MN 55434'. ' (Tires, vacuum,.misc, items, : ':' dolly, 6252064) .......... '- "-- :: - *' ~ERLAYS I~IASE 1- :, ' ~ ".' ~. '~. ~: '. ~ay, May 17, 1~9, by Counw, on behalf of the · e ~un~ project listed ~ ~unW~ministrator or ~nt ~ter, 21~ ~i~ et for ~i~ng the bids. If ~ ma~e~ ~n an alternate ~, please contact Lyndon ~s ~all ~ go~med by ?dard Specifications for ne a~ention of biddem is =e~in~ and are available Anoka County ~ : " '' 19~9 CULVERT ~EASONAL BID BIDS CLOSE JUNE 1, 1999 ANOKA COUNTY, MINNESOTA Sealed bid proposals will be received until 10:00 a.m. on Tuesday, June 1, 1999, by John "Jay" McLinden, County Administrator of Anoka County, on behalf of the County Bard of Commissioners, for the provision of Anoka County's seasonal requirements for corrugated metal pipe and appurtenances. Bid proposals will be opened and mad publ~ly by the County Administrator or his representative in Room 710 of the 'Anoka County Government Center, 2100 Third Avenue in Anoka, Minnesota, immediately after the hour set for receiving the bids. The attention of the bidders is directed to know that the bid and contract shall be governed by the a988 Minnesota Department of transportation Standard Sf:;~gc~ficat~ons for Highway Construction exert as stated in the proposal. The atten- tion of bidders is direct.ed t_.o S. pe_cifi_ca_t_i.o_n_N,o_._ 1.~8?l__c~_,_v~_.rin. g sub.-letting or assigning . -'a~d bid forms are available from Duane · A cashier's check, certified check or .acceptable Bidder's Bond payable to ' INDEPENDENT SCI-KX)L DISTRICT 14 in - .,. an amoum equal to five percent (5%) of "~"1 bid in acco~lam~ ~ the specifica-- - -,Bids are to be seaJedam:l addressed to L . *--~' ~r: :.~...;::~; , ~ the attention of Duane Knealing, INDE- ,~ ~'::~::~ '"., PENDENT SCHOOL DISTRICT 14, the .-above address, and. clearly marked Window Replacement - Fridley Middle .' To be considered, all bids must be ~raeeived no later ttmn 1:30 p.m. on May 11, 1999 at the above address. Bids will . be opened and read aloud in tho District Conference Room. The School Board (~i INDEPENDENT SCHOOL DISTRICT 14 reserves the fight to reject or waive any irregularities of any or all bids, or reject any or ali bids. No bid- der may withdraw their bid within 30 days after the opening without the wriffen con- sent of the School Board. By Order Of Independent School District 14 Fridley Pubtic Schools Gr~3 Roshoit. Clerk (April 29, May 6, 1999) Fridley, 6. PUBLIC HEARINGS A. Currency Exchange - State License Application, 4110 Central Avenue Recommended Motion MOTION: Move to waive the reading of Resolution No. 99-54 there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-54 being a resolution approving a currency exchange license application at 4110 Central Avenue Northeast Alternate Motion MOTION: Move to waive the reading of Resolution No. 99-59 there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-59 being a resolution denying a currency.exchange license application at 4110 Central Avenue Northeast. Alternate Motion Regarding Moratorium MOTION: Move to waive the reading of Resolution No. 99-60 there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-60 being a resolution imposing a twelve month moratorium on establishing new currency and other financial service institutions within the City of Columbia Heights. *** This motion was inadvertently left offofthe agenda but it was included in the material in the agenda. Page 5 CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: ~ Community Development APPROVAL ITEM: SACA Rezoning, 627 38th Avenue NE BY: Joe Hollma~../~/ BY: NO: ~ ,- ~,,-~ DATE: May21, lt999 Issue Statement: The City Council has directed staff to initiate the rezoning of property at 627 38th Avenue NE from R-3, Multiple Family Residential District, to I, Industrial District. Background: SACA has received approval of the Planning and Zoning Commission for a site plan to construct a 6,825 square foot facility at the site of the existing SACA building at 627 38~ Avenue NE. This property is currently owned by the City of Columbia Heights. The approved site plan incorporates a shared driveway between the Municipal Service Center used primarily by Public Works crews and the off-street parking area for the new SACA building. Upon fm'ther review of the site plan, several issues of concern were raised by key staff and elected officials. The approved site plan involves a shared driveway between the Municipal Service Center used primarily by Public Works crews and the off-street parking area for the new SACA building. The internal traffic circulation problems created by this shared use were seen as a negative impact on the proposed site plan. Staffworked with SACA officials, Greystone Construction Company, and the City Manager and Mayor to consider other options. A new site plan was drafted which will be reviewed by the Planning and Zoning Commission at their June 1 meeting. Analysis: It was determined to be advisable to consider a rezoning of this property. As mentioned above, the property is currently owned by the City and should correspond in use and zoning to the existing Municipal Service Center which is zoned I, Industrial District. Council has initiated the rezoning of this property from R-3, Multiple Family Residential District, to I, Industrial District, to promote overall land use compatibility and to accommodate the revised site plan and use by SACA. The Industrial Zoning District has the following setbacks: front 20 feet, side 0 feet and 12 feet, and rear 24 feet. This compares to the R-3 Zoning District which requires the following setbacks: front 30 feet, side 10 feet, rear 20 feet. If the zoning to the Industrial District is approved by the City Council, this will allow the building to be located up to ten feet closer to Madison Place which creates more space and setback between the existing Public Works parking spaces and the new SACA parking lot and building. Recommendation: Staff recommends that the subject property be rezoned from R-3, Multiple Family Residential District, to I, Industrial District. Recommended Motion: Move to waive the reading of Ordinance No. 1393, there being ample copies available to the Public. Move to establish June 14, 1999, at approximately 7:00 p.m. as the second reading of Ordinance No. 1393, an Ordinance rezoning 627 38m Avenue NE from R-3, Multiple Family Residential District, to I, Industrial District. Please find the following information attached: Ordinance 1393 and a zoning ma~o of the area. COUNCIL ACTION: ORDINANCE NO. 1393 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: Section 2: Section 3: That certain property legally described as Lots 40, 41, 42, and 43 including half the vacated alley lying adjacent thereto, Block 84, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. To authorize and direct staff to amend the official zoning map to reflect the change in zoning from R-3, Multiple Family Residential District, to I, Industrial District, upon the effective date of said ordinance. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Jo-Anne Student, Council Secretary City of Columbia Heights SACA Rezoning Area Map I Muni al Servi, LEGEND ~ Parcels ~'Z~;~ city P~s ~] Water Features ~ Right-of-Way Map Description This map illustrates the zoning pattern in the area surrounding 627 38th Avenue NE which is occupied by SACA, and is subject to the rezoning. Area Locator N Sources: A Columbia Heights Planning Columbia Heights GIS Anoka County GIS 1 inch = 200 feet RF - 1:2,400 Map Date: May 21, 1999 BID TABULATION - 1999 ALLEY' IMPROVEMENT PROJECT No___,. Item Unit Quan. 1 Mobilization L.S. 1 2 Traffic control L.S. 3 4" PVC sanitary sewer service wye * Ea. 1 4 4" PVC sanitary sewer service * L.F. 1 5 Clear and grub L.S. 1 6 Clearand grub Inch 12 7 Remove concrete curb and gutter LF. 247 8 Remove concrete apron S.F. 157 9 Remove concrete driveway S.F. 7,757 10 Remove concrete walk S.F. 126 11 Remove concrete step S.F. 100 12 Remove concrete slope paving S.F. 416 13 Remove bituminous streeFalley S.Y. 1,083 14 Remove x-depth street surface S.Y. 62 15 Remove bituminous driveway S.Y. 1,145 16 Remove bituminous slope paving S.Y. 17 17 Remove retaining wall L.F. 380 18 Remove water main L.F. 1,790 19 Remove hydrant lead L.F. 6 20 Remove gate valve and box Ea. 3 21 Remove catch basin Ea. 7 22 Remove storm sewer pipe L.F. 50 23 Sawcut concrete L.F. 875 24 Sawcut bituminous LF. 1,106 25 Salvage hydrant Ea. 1 26 Salvage catch basin casting Ea. 7 27 Salvage fence L.F. 210 28 Salvage posts Ea. 2 29 Salvage patio blocks and frame L.S. 1 30 Temp0rary water service - Alley 12 ES. 1 31 Temporary water service - Alley 13 L.S. 1 32 Temporary water service ~ Alley 14 L.S. 1 33 8"Water main LF. 1,790 34 6" Hydrant lead L.F. 15 35 8" Gate valve and box Ea. 7 36 Cut-in 8" gate valve and box L.S. 1 37 6" Hydrant gate valve and box Ea. 2 38 Hydrant Ea. 2 39 Water main fittings Lbs. 1,050 40 1"Corporation Ea. 36 41 1 "curb box Ea. 36 42 1"Curb stop Ea. 36 43 1"Type K copper pipe L.F. 612 44 Relocate curb box and stop Ea. 3 45 18" RCP L.F. 194 46 12" RCP L.F. 50 47 Construct manhole with casting Ea. 1 48 Construct catch basin with casting Ea. 4 49 Construct double c. b. with casting Ea. 5 50 2" Insulation S.Y. 14 51 Subgrade excavation C.Y. 3,300 52 Granular borrow (CV) C.Y. 3,300 53 Common excavation C.Y. 2,801 54 Aggregate pipe bedding Ton 61 55 Aggregate base class 5 Ton 2,820 56 Aggregate surface class 2 Ton 250 57 Bituminous wear course Ton 76 58 Bituminous binder course Ton 76 59 Patch bituminous street/alley S.Y. 304 60 Patch x-depth bituminous street S.Y. 62 61 Bituminous driveway S.Y. 1,302 62 Bituminous slope paving S.Y. 27 63 Concrete curb and gutter L.F. 247 64 Concrete integrant curb (including taper) L.F. 1,050 65 Concrete alley (including apron) S.Y. 8,159 66 Concrete driveway S.F. 8,362 67 Concrete walk S.F. 126 68 Concrete step S.F. 112 69 Concrete slope paving S.F. 628 70 Retaining Wall S.F. 2,756 71 Fence L.F. 50 72 Reinstallsalvaged fence L.F. 210 73 Reinstall salvaged posts Ea. 2 74 Reinstall salvaged patio block L.S. 1 75 Decorative rock with weed barrier L.S. 14 76 Hedge-type shrub Ea. 127 77 Sod with topsoil S.Y. 5,632 HEARING ESTIMATE RON KASSA GUNDERSON BROTHERS Unit Price Total Unit Price Total $50,000.00 $50,000.00 $6,000.00 $6,000.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $1,700.00 $1,700.00 $330.00 $330.00 $95.00 $95.00 $36.00 $36.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $83.35 $1,000.20 $20.00 $240.00 $5.50 $1,358.50 $5.00 $1,235.00 $1.20 $188.40 $1.25 $196.25 $1.20 $9,308.40 $1.25 $9,696.25 $1.10 $138.60 $1.00 $126.00 $4.00 $400.00 $6.00 $600.00 $1.10 $457.60 $3.00 $1,248.00 $15.00 $16,245.00 $7.00 $7,581.00 $20.00 $1,240.00 $16.00 $992.00 $10.00 $11,450.00 $9.00 $10,305.00 $10.00 $170.00 $15.00 $255.00 $20.00 $7,600.00 $11.00 $4,180.00 $8.50 $15,215.00 $8.40 $15,036.00 $15.00 $90.00 $90.00 $540.00 $250.00 $750.00 $1,680.00 $5,040.00 $500.00 $3,500.00 $594.00 $4,158.00 $12.00 $600.00 $24.00 $1,200.00 $4.10 $3,587.50 $6.00 $5,250.00 $4.10 $4,534.60 $4.00 $4,424.00 $500.00 $500.00 $720.00 $720.00 $180.00 $1,260.00 $120.00 $840.00 $5.00 $1,050.00 $10.00 $2,100.00 $100.00 $200.00 $40.00 $80.00 $400.00 $400.00 $500.00 $500.00 $7,500.00 $7,500.00 $3,900.00 $3,900.00 $7,500.00 $7,500.00 $2,700.00 $2,700.00 $7,500.00 $7,500.00 $5,100.00 $5,100.00 $46.00 $82,340.00 $40.50 $72,495.00 $46.00 $690.00 $38.70 $580.50 $900.00 $6,300.00 $890.00 $6,230.00 $3,300.00 $3,300.00 $3,290.00 $3,290.00 $650.00 $1,300.00 $770.00 $1,540.00 $2,000.00 $4,000.00 $1,978.00 $3,956.00 $3.00 $3,150.00 $2.30 $2,415.00 $100.00 $3,600.00 $330.00 $11,880.00 $125.00 $4,500.00 $114.00 $4,104.00 $280.00 $10,080.00 $114.00 $4,104.00 $39.00 $23,868.00 $22.50 $13,770.00 $810.00 $2,430.00 $1,230.00 $3,690.00 $48.00 $9,3t2.00 $49.00 $9,506.00 $45.00 $2,250.00 $42.00 $2,100.00 $2,000.00 $2,000.00 $2,640.00 $2,640.00 $3,700.00 $14,800.00 $2,280.00 $9,120.00 $3,450.00 $17,250.00 $3,300.00 $16,500.00 $20.25 $283.50 $14.34 $200.76 $10.00 $33,000.00 $15.00 $49,500.00 $11.00 $36,300.00 $11.00 $36,300.00 $12.00 $33,612.00 $12.00 $33,612.00 $10.00 $610.00 $23.70 $1,445.70 $9.00 $25,380.00 $12.00 $33,840.00 $10.00 $2,500.00 $14.00 $3,500.00 $90.00 $6,840.00 $55.20 $4,195.20 $90.00 $6,840.00 $50.00 $3,800.00 $18.00 $5,472.00 $20.40 $6,201.60 $18.00 $1,116.00 $33.25 $2,061.50 $18.00 $23,436.00 $12.00 $15,624.00 $22.00 $594.00 $20.40 $550.80 $16.00 $3,952.00 $22.00 $5,434.00 $10.00 $10,500.00 $22.00 $23,100.00 $27.00 $220,293.00 $36.00 $293,724.00 $3.00 $25,086.00 $4.25 $35,538.50 $2.80 $352.80 $2.95 $371.70 $30.00 $3,360.00 $40.00 $4,480.00 $4.10 $2,574.80 $6.00 $3,768.00 $17.25 $47,541.00 $18.90 $52,088.40 $30.00 $1,500.00 $25.00 $1,250.00 $15.00 $3,150.00 $t5.00 $3,150.00 $100.00 $200.00 $40.00 $80.00 $1,000.00 $1,000.00 $600.00 $600.00 $60.00 $840.00 $108.00 $1,512.00 $8.00 $1,016.00 $61.80 $7,848.60 $4.80 $27,033.60 $5.62 $31,651.84 ALLEY CONSTRUCTION SUBTOTAL $524,935.25 WATER MAIN CONSTRUCTION SUBTOTAL STORM SEWER CONSTRUCTION SUBTOTAL $558,245.50 $227,883.50 $88,962.50 CITY COUNCIL LETTER Meeting of: 5/24/99 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVAL OF RESOLUTION ACCEPTING BY: K. Hanseh~~ BY: BIDS AND AWARD OF 1999 ST~P~/I~ W~ER DATE: 5/20/99C~~'~--~' ~"~ DATE: IMPROVEMENTS ",t~ ' ~ ' I Background: On February 22, 1999, City Council authorized staffto seek bids for the 1999 Stormwater Improvements Program throughout the City. Plans and specifications were advertised for bids in the Focus on April 22, 1999 and Construction Bulletin on April 9 and 16, 1999. Ten contractors requested copies of the bidding documents. Four bids were received and publically read aloud at the May 6, 1999 bid opening. A copy of the bid opening minutes is attached. Analysis/Conclusions: The bids ranged from the low bid submitted by Glenn Rehbein Bros. Construction in the amount of $314,379.30 to a high bid of $366,160. The low bid is approximately 18 percent over the engineer's estimate of $265,000. In analyzing the bid submittals, the bid line items were generally consistent with the Engineer's Estimate except for three line items which accounted for about $49,000 of the overage. These are: Prestemon Park: Line item 15: Common Excavation (offsite): 3500 CY ~ $8.30 = $29,050 Tyler Place and 44~ Avenue · Line item 63:Protect/Replace shrubs & trees: 1 LS ~ $18,000 = $18,000 Line item 65: 48" RCP arch storm sewer: 501 LF ~ $145 = $72,645 Engineer's Est Difference $5.00 $11,550 $2,500 $15,500 $100.00 $22,545 We have also researched the possibility of additional funding through the DNR. They have indicated that a small amount of funds may be available based upon the bids received. We are in the process of applying for these funds. Attached please fred a recommendation letter from the consulting engineer for this project, BRA. With the small amount of additional funding, a design modification to the line 65 bid item, and careful construction management, I believe that the project can be brought in near the original engineer's estimate and concur with BRA's recommendation to award the contract to Glenn Rehbein Bros in the amount of $314,379.3. Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 99- ~ I accepting bids and award the 1999 Stormwater Improvement Project #9907, 9908, 9909, 9910, to Glenn Rehbein Bros. Construction of Lino Lakes, Minnesota, based upon their Iow, qualified, responsible total bid in the amount of $314,379.30 with funding to be appropriated from DNR FMR Grants and City Utility Funds; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. rU:jb 99-150 Attachments: BRA Letter Bid Tabs Bid Opening Minutes Resolution COUNCIL ACTION: Bonestroo 1--1 Rosene Anderlik & Associates Engineers & Architects May 18, 1999 Bones£roo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer ?r/nc/pals: Otto G. Bonestroo, RE.. Joseph C. Anderlik, RE. · Marvin L. Sorvala, RE. · Richard E. Turner. P,E. - Glenn R. Cook, P.E. - Robert G. $chunicht, RE. - Jerry A. Bourdon, RE. - Robert: W. Rosene, RE. and Susan M. Eberlin, C.RA., Senior Consultants Associate Principals: Howard A. Sanford, P.E. · Keith ,a.. Gordon, RE. · Robert R. Pfefferle, P.E. · Richard W. Foster, RE. · David O. Loskota, P.E. - Robert C, Russek, A.I.A. · Mark A. Hanson, RE. · Michael T. Rautmann, RE. · Ted K.Fleld, RE. · Kenneth R Anderson, RE. · Mark R. Rolls, RE. · Sidney R ~Tilliarnson, RE., ES. · Robert F. Kotsmith · Agnes M. Ring · Michael R Rau, RE. · Allan Rick Schrnid£, P.E. Offices: St. Paul, Rochester, ~'illmar and St. Cloud, MN · Milwaukee, WI ~r/ebsite: ~vww. bonestroo.com Honorable Mayor and City Council City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Re: City of Columbia Heights Storm Water Improvement Project City Project No. 9907, 9908, 9909, 9910 BRA File No. 332-98-802 RECEIVED 2 0 1999 PUBLIO WORKS Honorable Mayor and City Council: Bids were opened for the project stated above on Thursday, May 6, 1999 at 11:00 A.M., C.D.S.T. Transmitted herewith are ten (10) copies of the bid tabulation for your information and file. Copies will also be distributed to each bidder. There were a total of 4 bids. The following summarizes the results of the 4 bids received. Contractor Bid Amount Low Glenn Rehbein Bros. $314,379.30 #2 Midwest Asphalt $315,039.35 #3 Northdale Construction Co. $366,160.53 #4 FF Jedlicki, Inc. $821,786.50 The low bidder on the project was Glenn Rehbein Bros. with a base bid of $314,379.30. This compares to the engineers estimate of $275,000.00. These bids have been .reviewed and found in order. We have analyzed the low bid and have had conversations with the low bidder regarding modifications that can be made to the design. We believe that revisions can be made that will result in the project cost being at or near the estimated cost of $275,000. Therefore, we recommend that the project be awarded to Glenn Rehbein Bros. for the base bid amount of $314,379.30. We will issue a change order subsequent to award. This change order will detail the changes and the associated cost savings to the project. Should you have any questions, please feel free to contact me. My direct dial phone number is (651) 604- 4805. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. · Paul G~.~I-Ieuer, P.E. ..~. . , . Enclosures PGH:jms \\2dntn\even\T:lg\~'~9 -0 R -ROg\Wnrd\~lienthldtahlt~' 2335 ~test Highway 36 - St. Paul. MN 55113 · 612-636-4600 · Fax: 612-636-1311 CITY OF COLUMBIA HEIGHTS 637 38a' Avenue NE Columbia Heights, Minnesota 55421 Minutes of Bid Ope~xing on Thursday, May 6, 1999 at 11:00 a.m. City Project No. 1997-21 (phase I) 1999 Storm Water Improvements Pursuant to an advertisement for bids for City Project 1997-21, an administrative meeting was held on May 6, 1999 for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kevin Hansen, Director of Public Works Paul Heuer, BRA Robert Barth, BRA Paul Houle, Glenn Rehbein Excavating, Inc. Bids were opened and read aloud as follows: Bidder Glenn Rehbein Excavating, Inc. Midwest Asphalt Corp FF Jedlicki, Inc. Northdale Construction Bid Deposit 5% Bid Bond 5% Bid Bond 5% Bid Bond 5% Bid Bond Base Bid $314,379.30 $315,039.35 $324,426.50 $366,160.53 97proj/97-21/Bid Opening Minutes RESOLUTION NO. 99- RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1999 STORM WATER IMPROVEMENTS CITY PROJECT No. 9907, 9908, 9909,9910 TO GLENN REHBEIN BROS. CONSTRUCTION WHEREAS, pursuant to an advertisement for bids for City Projects No. 9907, 9908, 9909, 9910 Storm Water Improvement Projects, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Glenn Rehbein Bros. Midwest Asphalt Northdale Construction Co. FF Jedlicki, Inc. Base Bid $314,379.30 $315,039.35 $366,160.53 $821,786.50 WHEREAS, it appears that Glenn Rehbein Bros. of Lino Lakes, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with in the name of the City of Columbia Heights, for 1999 Storm Water Improvements, City Project No. 9907, 9908, 9909, 9910, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. o City Project #9907, 9908, 9909, 9910 shall be funded with a $92,000 DNR FMR Grant and City Utility Funds. Dated this 24th day of May, 1999. Offered by: Szu tek Seconded by: ,1o 11 y Roll Call: A11 ayes CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Jo-Anne Student CERTIFICATION State of Minnesota County of Anoka City of Columbia heights I hereby certify that the foregoing Resolution is a tree and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 24th day of May, 1999, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: 5/24/99 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVAL OF RESOLUTION ACCEPTING BY: K. Hansen~-~ BY: BIDS AND AWARD OF 19~9 ALlY IMPROVEMENT DATE: 5/20/~-Y-~ DATE: PROJECTS ~'~11~ , ~}, ~,~ Background: On March 29 and April 26, 1999 City Council ordered alley and related utility improvements in the 1999 Alley Improvement Projects. Plans and specifications were advertised for bids April 29, 1999. Twenty contractors or suppliers requested copies of the bidding documents. Two bids were received and publically read aloud at the May 20, 1999 bid opening. A copy of the complete bid tabulation and bid opening minutes are attached. Analysis/Conclusions: The Iow base bid was submitted by Ron Kassa Construction, Inc. in the amount of $875,091.50. An alternate bid was received for private driveway construction. The low bid was 6.4% over the engineer's estimate of $524,935.25. Staff is recommending acceptance of the base bid with Alternate 1. Based upon the low bid from Ron Kassa Construction, staff is recommending the following funding sources: Street Construction Infrastructure Fund: $337,940.50 Capital Improvements Projects Fund: (Assessments) $220,305.00 Utility Construction Water Construction Fund: SeWer Fund (storm sewer) $227,883.50 $ 88,962.50 Recommended Motion: Move to waive the reading of the Resolution~, there being ample copies available to the public. Recommended Motion: Move to award the contract for Municipal Project #9902 to Ron Kassa Construction, Inc. of Elko, Minnesota, based on their low, qualified, responsible bid of $875,091.50, accepting Alternate lfor driveway construction; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same with funding from the appropriate funds. I~0b 99-154 Atttachment: Bid Tabulation Bid Opening Minutes Resolution COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, May 20, 1999 at 10:00 a.m. City Project No. 9902 1999 Alley Improvements Pursuant to an advertisement for bids for City Project No. 9902, an administrative meeting was held on May 20, 1999 atl0:00 a.m. for the purpose &bid opening. Bids were opened and read aloud. Attending the meeting were: Linda Gunderson, Gunderson Bros. Cement Kathy Young, Assistant City Engineer Joanne Baker, Public Works S.ecretary Bids were opened and read aloud as follows: Total Base Bid Gunderson Brothers Cement $923,975.00 Ron Kassa Construction $864,573.00 Alternate Bid 1 $8,186.00 $6,614.00 Respectfully submitted, Public Works Secretary RESOLUTION NO. 99- ~ ~ RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1999 ALLEY IMPROVEMENT PROJECTS CITY PROJECT No. 9902 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 9902, 1999 Alley Improvement Projects, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Gunderson Bros. Cement Ron Kassa Construction Base Bid Corrected Bid $923,975.00 $864,573.00 *$875,091.50 * Upon engineer's review, an error was found in the bid. WHEREAS, it appears that Ron Kassa Construction, Inc. 6005 250 St. East, Elko, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for 1999 Alley Improvement Projects, City Project No. 9902, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project #9902 shall be funded with assessments, infrastructure water and sewer construction funds. Dated this 24th day of May, 1999. Offered by: Hunter Seconded by: Szurek Roll Call: A11 ayes CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Jo-Anne Student CERTIFICATION State of Minnesota County of Anoka City of Columbia heights I hereby certify that the foregoing Resolution is a tree and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 24th day of May, 1999, as disclosed by the records of said City in my possession. (seal) Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: ORIGINATING CITY NO. OTHER BUSINESS DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: APPOINTMENTS TO BOARDS AND BY: J. Student BY: COMMISSIONS ~ "~, -,, ~t DATE: May 18, 1999 DATE: MOTION: Move to appoint Ted Yehle to the Planning and Zoning Commission to an unexpired term which will expire in April of 2002. MOTION: Move to appoint Dan Swee to the Telecommunications Commission to a vacancy which will expire in April of 2002. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: OTHER BUSINESS ORIGINATING CITY NO. DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: APPOINTMENT TO PLANNING AND BY: J. Student BY: ZONING COMMISSION q ' i~ '~ ] DATE: May 18, 1999 DATE: It is the intention of the City Council to have only one member of the Council on a board or commission. Currently, there are two members of the Council who serve on the Planning and Zoning. John Hunter was appointed as a citizen at large before he was appointed to the vacancy on the Council. Marlaine Szurek was originally appointed as a citizen at large but after being elected to the Council she was the Council Representative. Councilmember Hunter has indicated his desire to step down from the Planning and Zoning Commission thereby leaving a vacancy for a term which expires in April of 2002. At its May 17th Work Session, members of the Council stated their support of Ted Yehle to be appointed to the vacancy. Ted was one of three persons who has indicated an interest in being appointed to the P & Z. Councilmember Wyckoff noted she did not know Ted and that he has not been interviewed. She has spoken to other members of the Council and is supportive of his appointment. Other residents who have applied for appointment to this Commission will be notified by mail of Mr. Yehie's appointment and thanked for their interest. MOTION: Move to appoint Ted Yehle to the Planning and Zoning Commission to an unexpired term which will expire in April of 2002. COUNCIL ACTION: BOARD(S) OR COMMISSION(S) ON WHICH YOU WOULD LK~ TO SERVE: 0NDI~ PR.~'ERENCE: 1, 2, 3, IF MORE THAN ONE) _ T',~-~:COMMUNICATIONS CX)MMISSION _ CHAR~R COMM:ISSION 0qote: ii' qm,iyi,,s ~ ~ eom- __ ECONOMIC DEV~ELOPMENT AUTHOR_trY _ HUMAN SERVICES COMMISSION _ INSURANCE CONDViISSION _ MERIT COIVIMISSION _ LmRARY BOARD _ TRAFFIC COMMISSION _ FA1U¢ & RF.L'RF. ATION COMMISSION k'~L~O & zoN~o OOMMiSSION __ SCH~ICE/TECI-[NOLOGY/ENERGY COMMISSION NAME: HOME PHONF~ . .,. ,,, ,,,. ,,, Ill.., I ~ I P~~ ~LO~R: WOrK ~O~: PLEASE STATE BI'lilLY WHY YOU ARE INTERESTED IN SERVING ON TI~S BOARD/ COMMISSION FOR WHICH YOU ARE SUBMITTING TI~ APPLICATION AND WHY YOU FEEL YOU ARE QUALIFIED: I ~ 'NOT AV~L~ FOR BO~D~O~SION ~GS ON ~ FOLLO~G ~GS (C~): ~ MO~AY ~DAY ~D~DAY ~DAY ~AY PLF~ASE LIST THRI~I~ REFERENCF~: NAME ADDRESS PHONE TO THE BEST OF MY KNOWLEDGE. I HEREBY CERTIFY THAT ~ FACTS ~ THE FOREGOING APPLICATION ARE TRUE AND CORRECT FOR OFFICE USE ONLY: DATE RF.,CEIV~ ./- / / --~ __ , t Return application ~o: ~ or Columhh Helahts SSM 40th Avenue N.F.~ Columbia Heights, MN SS421 %16*96 BOARD(S) OR COMMISSI~) ON WHI(~I YOU ~JLD ~ TO S~tV~: (INDI~ I~,~F~.~: 1, 2, 3, I~ MOl~ _ ~CONOMIC ~ AUTHOR1T~ _ HUMAN S]~RVICF~S COMMISSION _ INSURANC]~ COMMISSION _ ~ COMMISSION _ PAlt.K & P~RP. ATION COMMISSION _ ~ & ZONING COMMISSION _ POLI~ ~ SI~tVIC~ COMMISSION _ ~Y/KNI~R~ COMMISSION NAME: HOME PHONE: L~D ~ COL~ ~G~ S~: ~ q ~ ~ ~0~ O~ ~ ~~ ~~ (0~ ~ P~ ~~: WORK ~: I~ I Il I STATE BRIEFLY WHY YOU AlE ~?I'ERESTED IN S~RVING ON Tm.q BOARD/ COMMISSION FOR WHICH YOU ARE SUBMITTING Tm~q APPLICATION AND WHY YOU FEEL YOU I AM 'NOTMoNDAyAVArl,&B~LETuESDAyFOR BOARD/COMMISSIONwEDNESDAY ~~ ~LOWING EVENINGS (CIrCle): I HEREBY CERTIFY THAT THE FACTS ~ THE FO~G APPIJC~TION AlE TRUE AND CORRECT COLU tBIA H£1GH?$ PUBLIC LIBRAJ Y BOARD Ol May 4, 1999 The meeting was called to order by Chair, Barbara Miller. Those present were: Patricia Sowada, Richard Hubbard, Nancy Hoium, Barbara Miller, and Becky Loader. Special guest Keith Windschilt, Recreation Director, was introduced to the Board. It was moved, seconded, and passed to approve the minutes of the April 6m meeting as mailed. The April 26th, 1999, bill list was reviewed. It was moved, seconded, and passed that they be paid. The May 10%1999, bill list was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. Keith Windschilt made a presentation to the Board concerning the gym facility problems facing the City. Keith has been assigned the task of informing different community grouPs about the possibility of a multi-use facility. He distributed a letter of explanation and a survey. The purpose of the survey is to seek information from community members and input from the citizens. The Board took the time to fill out the survey. They had several questions and suggestions about the project. Their major concern was that nowhere in this multi-use facility questionnaire is the inclusion of a library building addressed. They suggested that perhaps church/school gym facilities could be explored, so that the project does not seem so "rushed". Keith thanked them for their time and input and left the meeting. Old Business: Space needs committee has been named. These staff, City Council, and community members have been charged by the City Council to devise a RFP (Request For Proposal) for an architectural consultant to conduct a space needs study before November 1st of this year for all City agencies. The committee has met and the RFP is out. They xvill analyze the information received and then hire a consultant so that this will be a comprehensive project with all agencies involved. The current Honeywell contract expires on November 1, 1999. There has been a meeting with representatives from Honey~vell. A committee ofstaffmembers are exploring contract options and costs. The cleaning services contract was also discussed. No employee has been hired, at this time, to take over the cleaning of City offices. This contract has not been bid for over ten years. Specifications have been submitted by the Library and Public Services Department to the Building Official. This has been in process since October 1998. A meeting is scheduled for May 14, 1999, to discuss what options there are. Barbara Miller gave a report on the Trustee workshop she attended. The major points that were made included that a Community Center is 'the way to go for communities and that technology needs to be addressed in libraries, ir/eluding such things as "tech~nology rooms". The other keyword that was stressed was flexibility, since no one knows where libraries will be going in the next 20 years. Circulation does not tell the story any longer about what in going on .in libraries, ~ut there is no way to quantify what types of services libraries are providing now. ' ~L ~?~'' ' A report on the grand opening of the Big K was presented. A tour of the facility was provided, shelving has been moved, lighting added, and the manager expressed his commitment to the community. A cash donation was given to the Fire Cadets and the D.A.R..E. program. Marsha spoke with the manager last week, and they will be donating prizes for the Libra reading club program this summer. ., 9. 10. 11. Information about the subject of City Council members terms on Boards was provided. Council members are appointed to Boards/Commissions for the length of their term, but there is the possibility of re-assignment in January of each year. The bid received for carpeting of the office is $584.27. It was moved, seconded and passed to accept the bid and proceed with the re-carpeting project. The Jamboree parade is scheduled for June 25. Alternatives were suggested for Participation by Board members only. Options of marching, or riding were discussed. The following Board members are tentatively included in the parade plans: Richard Hubbard, Nancy Hoium, and Barbara Miller. Don Jolly will ride with the City Council, and Pat Sowada will participate with the School District. Richard Hubbard was listed as the contact person on the card that had to be submitted to the parade chairman. The water fountain in the main floor lobby was finally fixed on April 23. The re-cabling of the library to category 5 wiring was completed on April 16. The re-visit of the Design Team on May 1 was discussed. Page applications ended on April 30. Four applications were received, and interviews will be scheduled for the week of May 10. More applicants are needed because of students leaving. Acceptance of applications will be extended to May 28. New Business: Goal setting session with the City Council was conducted on 5/3/99. The same consultant as last year was in attendance. The goals are basically the same as those set in t 998 with the addition of a Community Center. The sump pump was repaired on April 16,1999. All casings had to be replaced. 'A report was given on the Media Specialists of ISD#13 meeting of April 20~ with Marsha and Becky. The media centers in the Middle School and High School will be closing in mid-May due to construction. To promote summer reading club and programs the school staff expressed a desire to have Marsha be a storyteller to a larger group of students rather than visking individual classrooms. Marsha is trying to negotiate a "teacher storytime" for this summer. A guest teacher would sign up and come in to tell stories at the library. 4. The new cable box for broadband access was installed by Media One on 4/20. 5.: The library participated in the tornado drills on 4/22 at 1:45 and 6:55. o Staff has participated in the following classes: CPR, Introduction to computers, WordPerfect 8, LaserFiche, and a staff workshop for supervisors. 7.. Crossover statistics were reviewed. .¸ The Heights Theatre article was reviewed. The library has been doing research for the new owner, and he has expressed an interest in placem~nt on the Anoka County Historical list. Summer Reading Club materia'fs were dis~j'buted to Board members. The Friends of the Library Preview night was explained to the Board. Board members purchased tickets for the pre-sale. 13. 14. A copy of the Safe Schools Secondary Survey is available for Board members to view if they are interested, The Sampler was distributed to the Board. Budget process has begun and figures are being compiled. MELSA contacted the library on April 26. The Gates Leadership Initiative Survey has been submitted to the proper agency. There being no further business the meeting was adjourned to executive session at 8:55 p.m. Respectfully submitted, Je~inine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or' activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Co]umbia Heights' services, programs, and activities. CITY'OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBia HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 MEMBERS Tom £amsdo)l. £hair Kavin Hanson John Hunter Rort Franzon Mo/la~no ~zumk PLANNING AND ZONING COMMISSION I:IEGULAR MEETING- MINUTES MAY 4, 1999 The Ma,/4, 1999 Planning and Zoning Commission meeting was called to order by ChairPerson Ramsdell at 7:00 p.m. Members present were Hanson, Franzen, Hunter, Szurek and Ramsdell. Also present were Joe Hollman (City Planner), Jim Hoeft (City Attorney), and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Szurek, seconded by Hunter, to approve the minutes from the meeting of April 6, 1999 as presented in writing. Voice Vote: All Ayes. Motion passed. OLD BUSINESS: A. Site Plan Review Case #9904-14 SACA RE: 627 N.E. 38~ Avenue Columbia Heights, Mn. Mr Ho,man presented the request for site plan approval to construct a new building for SACA food shelf which was tabled from the April 1999 meeting to allow a new site plan to be reviewed. The proposed building is roughly 65 x 105 or 6,825 square feet. He further explained that at the time of the April 6 meeting, there were problems with the site plan as the proposed parking lot for SACA is currently used as parking for the Public Works Department. If the area were to be curbed- off, it would be inconvenient for Public Works employees and customers to walk around or over the curb. It would also make it difficult for Public Works vehicles to maneuver on the site if it were blocked off by the curb. The applicant presented a revised site plan at the April 6 meeting. The request was tabled until the May 4 meeting so staff would have an opportunity to review the revised site plan. He noted that the City of Columbia Heights is the fee-title owner of the property adding that SACA representatives are currently working with the City on a long-term lease for the use of the property. Mr. Hollman informed the Commission that, in response to the concerns and issues raised by staff at a meeting at the site on Friday, April 30, 1999 regarding the proposed site plan for SACA Food Shelf, their representatives prepared the attached site plan which was submitted to the Community Development Department earlier the day of this meeting. Mr. Ho,man informed the Commission that parking requirements are based on the use of the structure. In this case, 5,225 square feet of the building will be used for storage which does not require off-street parking. The remaining 1,600 square feet will be used for business/office space which requires one parking space for each 200 square feet THE CIT~ OF COLUMBIA HEIGHTS DOES NOt DISCRIMINATE ON THE BASIS O~ DISABILITY IN EMPLOYMENT OR THE PROVISION O~ SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MAY 4, 1999 Page 2 of floor area. The total number of off-street parking spaces proposed is eight (8) including one (1) van-accessible handicap space which meets requirements. He stated that the Zoning Ordinance requires that all open off-street parking areas shall provide a bumper curb of five to seven inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. The site plan indicates that there will be a constant perimeter concrete curb provided along with a curb and concrete sidewalk along the building. The sidewalk will be roughly six (6) feet wide. The revised site plan indicates that the driveway opening off 38~ Avenue NE will be roughly 130 feet back from the curb line intersection of Madison Place and 38t~ Avenue NE. This opening will be shared by SACA and the Public Works Department. The proposal indicates that there will be eight parking spaces along the SACA building, six spaces along the north property line, and up to six spaces facing the Public Works building. Currently, Public Works has three parallel parking spaces along the building, four along the north property line, and six spaces on the property to be used by SACA. The Zoning Ordinance requires that at least one loading berth that is 12 feet in width and 25 feet in length and 14 feet in height be provided. Plans indicate 'that there will be a loadin9 berth near the northeast corner of the building which meets requirements. The plans do not indicate that there will be any new lighting on the property, but if lighting is added, a lighting plan will need to be reviewed and approved by staff. Light cannot exceed three (3) foot candles at the property line. At this point, Mr. Hollman stated that staff has not seen any plans for signage noting that institutional uses in the 'R-3 District are allowed one sign not to exceed 32 square feet in area with an eight (8) foot above grade maximum height. Any free-standing signs will need to meet the front yard setback requirement. He added that another concern regarding this proposal is the structure's appearance in a residential district. The building will be a combination of prefinished metal panels and rock face concrete masonry which will have an industrial appearance, but the use of the property will not be industrial. The rear of the building and the loading/parking areas will face the industrial districts, and the front and south sides of the building will face residential properties which are across Madison Place and 38t~ Avenue. Because the more attractive sides of the building face residential districts and the use of the property is not industrial, the building will serve as a buffer between the existing residential and industrial properties. Mr; Hollman informed the Commission that the Zoning Ordinance requires screening when the use of the property requires six or more parking spaces. Such screening shall not be required for the front of such business or industrial use. The front of the proposed building will face 38~ Avenue. Also, the Ordinance does not allow screening fences in the front yard of a property. The front yard for the subject property will be along Madison Place. The north and east sides of the property face industrial property. Because of these circumstances, screening is not required for the project. However, as mentioned above, staff is recommending as a condition of approval that a landscaping plan be submitted to replace trees that are lost due to the expanded parking area. PLANNING AND ZONING COMMISSION REGULAR Mc,..£T~NG - MAY 4, 1999 Page 3 According to the Fire Department and the City Building Official, due to the high quantities of combustible material and possible high occupancy load, it is recommended that the building be sprinklered to lessen any liability. Combustible materials consist of packaging and clothing which are also at risk of spontaneous combustion. Mr. Hollman stated that SACA is concerned about this recommendation due to the cost of sprinklering the building and, that considering it is not a Code requirement, they request that this not be a condition of approval. The increase of impervious surface on the lot will create concerns regarding drainage. Drainage and grading plans will need to be reviewed and approved by the Public Works Department. The Public Works Department had a few other concerns regarding this proposal and these are summarized as follows: Any additional activity in the area may conflict with public works activities; there should be a clear identification of the SACA building on the south and east sides, and, the building exterior siding cannot be white. Mr. Hollman stated the following summarizes the changes to the site plan noting that the numbered item lists the concern regarding the earlier site plan, and the bolded language describes the change. The four to six parking spaces proposed along the west wall of the Public Works building would create turning conflicts and possibly block egress when Public Works has deliveries. These should remain as parallel spaces (currently three). The May 4 site plan indicates that there are two existing parallel parking spaces along the building which will not be changed. He noted that there are actually three spaces in this area. A narrow median should be installed to extend to the south along the easterly edge of the two-stall space adjacent to the four-stall area. A median, labeled concrete peninsula, is proposed. Provide a width of green space (8 ft.- 10 ft.) between the proposed SACA building and the eight-stall parking area to provide for snow storage. Mr. Hollman stated that this space has been provided, but noted that the parking spaces in this area have been reduced from eight to six and it has been set at an angle. These changes were necessary to accommodate an open drive aisle to the overhead door that will be wide enough for delivery vehicles. The van accessible parking space has also been widened to meet dimensional requirements. The proposed handicap accessible parking space is required to be van accessible which means that the combination of the parking space and access aisle will need to total 16 feet (8 ft. aisle and 8 ft. parking space). This change was made. The Zoning Ordinance requires that solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. The site plan indicates that there will be a trash enclosure provided. However, it appears that the dumpster enclosure is positioned in a manner that is too close to the parking spaces in that area. According to the site plan, it looks as if a parked car could be hit by the enclosure door if it were to swing PLANN{NG AND ZONING COMMiSSiON REGULAR MEETING- MINUTES MAY 4, 1999 Page 4 open. The dumpster enclosure should be repositioned slightly to the west to maintain a safe distance. The enclosure is no longer set at an angle and a guard post is being proposed to protect the parking space from the enclosure door. o The parking lot arrangement will result in a loss of trees. As a condition of approval, staff will recommend that a landscape plan be submitted to replace these trees. The landscaping should be oriented toward the residential areas. New trees are proposed on the west side of the property. Mr. Hollman stated that SACA is required to have a minimum of eight (8) off-street parking spaces. The May 4 site plan indicates that there will be six spaces facing the buildin9 and two spaces alongside the dumpster facing north for a total of eight. The Public Works building requires a minimum of 18 parking spaces. He noted that there are roughly 35 parking spaces for Public Works alon9 the sides and rear of their building. The Zoning Ordinance allows shared parking agreements provided minimum parking requirements will still be met. The minimum number of parking spaces will be provided for each use, so shared parking is allowed. There will be a total of 15 off-street parking spaces provided for shared use by SACA and Public Works. Currently there are 13 spaces in the area which are primarily used by Public Works, so there will be an increase of two off-street parking spaces. He also noted that the site plan indicates there will also be five on-street parking spaces provided which will accommodate any overflow parking. Mr. Hollman informed the Commission that there are two other issues pertaining to the overall project and lease agreement as follows: The addition of the buildin9 and parkin9 lot on the site will increase the amount of storm water runoff in the area. According to the Public Works Director, a pipe will need to be provided to direct the storm water to the nearest storm drain, and the cost for this should be shared between the City and SACA. SACA will be responsible for reimbursing the City for costs incurred as a result of the demolition of the building. Commissioners Ramsdell and Szurek recommended moving the parking lot and trash enclosure further north and extend the parkin9 lot as far as posssible. Commissioner Szurek concerned that ample parking area is provided as every time she has been in the area, it seems that the lots are full. Commissioner Hunter concerned about snow storage at the site against the bUildin9 as that could cause damage to the structure. Mr. Hollman stated thata most of the snow will be pushed to the north but care will need to be taken not to push snow too far over the curb. Jeff Henzel of Greystone Construction, contractor for the project, was present to answer any questions of the Commission. He stated that the building will be all non-combustible construction consisting of concrete block and metal panels, steel studs and sheetrock. PLANNING AND ZONING COMMISSION R£GULAR MEETING- MINUTES MAY 4, lgg9 Page 5 Attorney Hoeft addressed the Commission as the President of SACA. He spoke regarding the issue of joint parking and a lease agreement with the city which has to be approved by the City Council. He stated that trees will be removed for the creation of the parking area and more appropriately planted along Jefferson Street. it was his opinion that the Fire Department requirement that the building be sprinklered is not required by code. The concern of the Fire Department regarding storage of clothing is not warranted as providing clothing is not a primary function of SACA and clothes storage is minimal. He added that in the twenty plus years in this building, SACA has not had any fire problems. He stated that clients will not have access to the building past the intake room, the orders for them are filled ahead of time and are pickad up by appointment. He stated that SACA will do whatever is necessary to provide adequate fire extinguishers. Commissioner Hanson asked Mr. Hensel what the approximate cost of a sprinkler system would be and if the insurance rates would differ with or without the sprinkler system. Mr. Hensel replied that cost could be 812,000 to ~14,000 for the system for the entire building and he added that there is no differential between insurance rates. It was Commissioner Ramsdell's opinion that due to the past history of the operation, the location of fire extinguishers, and the fact that the product will be spread out in the larger building, a sprinkler system may not be necessary. Attorney Hoeft stated that he does not share the concerns of the Fire Department as a new building will be less of a hazard than the old building. He did not recall that the City has required any of the similar operations to sprinkler their businesses. Commissioner Hunter stated that he was not in favor of item #§ in the recommended motion that the building "shall 'be sprinklered". He would like to find an alternative so that the costs for the proposed building are not escalated. He asked that that motion item be amended to read "Shaft install fire extinguishers in locations as approved by the Fire Department". Discussion was held about the drain pipe to be installed to direct storm water to the nearest storm drain and that the cost be shared between the City and SACA. It was stated that the pipe should be installed in the future. Commissioner Ramsdell asked why not install it while the parkin9 lot is under construction. It was stated that cost may not be in the 1999 budget for the Public Works Department. Mr. Hollman stated that the existing building is being proposed to be used by the Fire Department for training purposes. He added that it will be necessary that the foundation and debri will be required to be removed from the site and that SACA will be required to re-imburse the city for those costs as the demolition will be included in a bid package for the removal of a number of buildings. Motion by Hunter, seconded by Szurek, to approve the site plan to allow the construction of a new building for SACA at 627- 38~' Avenue NE, subject to the following conditions: 1. Site Plan approval is subject to City Council approval of a lease agreement for use of the property. This PLANNING ANO ZONING COMMISSION ~EB~.A~, MEET~N~ - MINUTES IVIAY 4, 1999 Page 6 5. 6. 7. lease agreement shall include language regarding the shared use of the parking lot. A lighting plan will need to be reviewed and approved by staff if any additional lighting is proposed on the site. Drainage and grading plans shall be reviewed and approved by the Public Works Department prior to the issuance of any building permits. The proposed handicap accessible parking space shall be van accessible and shall be appropriately signed and marked. Shall install fire extinguishers in locations as approved by the Fire Department. The exterior siding shall not be white. All proposed signage must be submitted on the City prescribed' application form and must fully comply with the Zoning Ordinance. Voice Vote: All Ayes. NEW BUSINESS: Public Hearing Conditional Use Permit Case #9905-16 Jane Neus 556 N.E. 40~ Avenue Columbia Heights, Mn. Mr. Hollman presented the request of Jane Neus for a Conditional Use Permit to allow a dwelling unit on the second floor of the office space at 556- 40t~ Avenue NE. It is the intent of the applicant to provide living space for her daughter. He informed the Commission that the building was constructed in 1922, and in 1974 the upstairs was changed from an apartment into an office and library. He added that in May of 1981 there was a request for subdivision approval. In summary, the subdivision was necessary to ensure that the owners of 556- 40~h Avenue NE would have off-street parking. At the time the subdivision was requested, he stated that Tract "A" was sold to the owners of Tract "B", and the east 30.2 feet of Tract "C" was sold to the Ashford Clinic owners. The west 71.56 feet of Tract "C" was sold to the partnership of 546 Investments. Approval of the subdivision was conditioned upon a lease agreement binding the west 71.56 feet of Tract "C" to the east 30.2 feet of Tract "C", and Tract A and B, for parking purposes. This lease agreement will stay intact until such time that all of the area would be redeveloped as a whole parcel under a common ownership. Mr. Hollman noted that there is a lease agreement on file that specifies this shared parking agreement. Mr. Hollman informed the Commission that the surrounding property on the north, east, and west is zoned RB, Retail Business and is used commercially. The property to the south is zoned R-3, Multiple Family Residential and is occupied by the Columbia Heights City Hall and parking lot. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MAY 4, 1999 Page 7 He added that Section 9.113(2) of the Zoning Ordinance allows dwelling units in the Retail Business Zoning District as a Conditional Use Permit provided that: The units do not occupy the first floor; and, A roof intended for usable space shall be enclosed by a wall or fence not less than five feet in height. He stated that the applicants propose to utilize the second story of the building for the apartment and do not intend to utilize the roof. The proposal meets the two conditions established in the Zoning Ordinance. The apartment will contain three bedrooms, one bathroom, living room, and a kitchen all on the second floor. The total living space will be 858 square feet. He stated that the owners do not propose any changes to the space with the exception of an extension of the bathroom to include a shower which will be subject to review and approval by the Building Official. Mr. Hollman informed the Commission that the minimum yard and density requirements are as follows: Every lot shall have a minimum frontage of 40 feet. The existing parcel has 20 feet of frontage which does not meet this requirement; Front Yard shall be 15 feet. The existing building is roughly two (2) feet off the front property line which does not meet this requirement; The floor area ratio shall not exceed 1.0. The floor area ratio is at about 1.1 which exceeds this requirement; There is no side yard setback requirement; and, No building shall be erected within 10 feet of any alley. The existing building is 20 feet off the alley at its closest point. Mr. Hollman stated that the existing property and building do not meet the minimum requirements of the Zoning Ordinance. However, provided the property is not vacant for six months or more, it can continue to be utilized without variances. He informed the Commission that parking requirements for an office are at least one space for each 200 square feet of floor area, and a dwelling unit will require two off-street parkin9 spaces. He noted that there are two parking spaces between the alley and the building that are bein9 proposed for use by the occupants of the apartment. The office space will require four (4) off-street parking spaces. Considering that at the time the shared parking agreement was drafted, both floors were being used as office which would require a total of eight (8) off-street parking spaces, convertin9 the upstairs into an apartment will decrease the number of parking spaces required. These two spaces will be over 20 feet long and roughly 10 feet in width. He noted that the Zoning Ordinance requires parking spaces to be 9 feet wide by 20 feet long. Mr. Hollman stated that the proposal meets minimum parking requirements of the Zoning Ordinance. He stated that the two parking spaces behind the building are currently dirt/graveL The Housing Maintenance Code requires that off-street parking spaces for residential units need to be hard-surfaced. He added that Staff will PLANNING AND ZONING COMMISSION RE~G,U{.AR MEETING- MINUTES MAY 4, 1999 Page 8 recommend as a condition of approval that these two parking spaces be hard-surfaced to meet the requirements of the Housing Maintenance Code. Mr. Hollman stated that the Fire Department has had the responsibility of administering the rental property licensing program for the City since 1992, and this property has not been licensed as a rental property since that time. According to the Assistant Fire Chief, due to the fact that this property has not been used within the last twelve (12) months as rental property, it must be brought into compliance with the provisions of the 1997 Uniform Building Code. The property will also need to comply with all provisions of the Housing Maintenance Code. Mr. Hollman informed the Commissioners that the City Comprehensive Plan designates this area for future commercial development. It was his opinion that turning the second floor into a dwelling unit does not impact the goals and objectives of the existing Comprehensive Plan although, encouraging mixed-used development has been discussed during the current Plan update process. This proposal is consistent with that philosophy, but nothing has been formally adopted to date. He added that the Minnesota Design Team has recommended that the City encourage apartments over retail spaces as an ongoing activity with this proposal being consistent with that recommendation. Motion by Szurek, seconded by Ramsdell, to recommend to the City Council the approval of the Conditional Use Permit to allow a dwelling unit on the second floor of the building at 556- 40"' Avenue NE, subject to the following conditions: All required state and local codes, permits, licenses and inspections will be met and in full compliance. At no time shall any space directly associated with the dwelling unit occupy the first floor of the building. This shall include, but not be limited to, kitchens, restrooms, and bedrooms. The parking lot shall be hard-surfaced to comply with the Housing Maintenance Code. The upstairs shall not be converted back to office/retail use unless a shared parking agreement is in place. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE MAY 10, 1999 CITY COUNCIL AGENDA. Public Hearing Janis K. Harding Appeal RE: 561 N.E. 49~' Avenue Case #9905-17 Columbia Heights, Mn. Mr. Hollman presented the request of Janis Harding, of 561 N.E. 49t" Avenue, for an appeal from the hard surface parking requirement of the Housing Maintenance Code as well as for the property adjacent at 551 N.E. 49t" Avenue. He added that Section 5A.208(1)(h) of Ordinance 1281 requires that: "Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas, all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1997." He noted that Ordinance #1348 extended this date to July 1, 1998. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MAY 4, 1999 Page 9 Mr. Hollman informed the Commissioners that in November of 1998 there was also a request to appeal the hard surface parking requirement at 2222- 4§th Avenue NE. That case was approved provided the portion of the driveway between the curb line and roughly 30 feet back be hard-surfaced by June 1, 1999. Also in November of 1998 another request was heard to appeal the hard surface parking requirement at 4025 Main Street NE. This case was also approved. He added that the Housing Maintenance Code allows for appeals of the Code in accordance with Section 9.105. Also, hardship criteria contained in Section 9.10§(3)(d) shall be applied in deciding whether or not an applicant is entitled to vary from the requirements. Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In this instance, the hardship criteria are being applied to a request for an appeal and not a variance. Mr. Hollman stated that in order for an appeal to be granted, hardship needs to be established. Mr. Hollman directed the Commission's attention to a memo from the Assistant Fire Chief which provides the Fire Department recommendation for this request as the Fire Department is charged with the enforcement of this Ordinance. The Fire Department recommendation is as follows: "Hard-surface that portion of the driveway from the curb line to approximately the south wall of the dwellings." This recommendation was based on the following factors: The intent of the ordinance is better maintained by hard-surfacing a larger portion of the driveway. The probability that sand, silt or rocks would enter the storm sewer system is further reduced by increasing the distance between the street and the end of the hard-surface portion of the driveway. o , Drainage issues relating to the structures would not seem to be an issue since the area between the homes and the area sloping toward the garage at 551 would remain in their present state and would continue to absorb water durin9 rainfall and snow melt. This solution would be more consistent with the solution determined in the cased reviewed in November of 1998. One case involved several points establishing hardship, including the owner's ability to safely negotiate the driveway during winter months. In that case, the Fire Department presented a recommendation that the portion of the driveway from the curb line to the point where elevation of the driveway begins to drop away from the public right-of-way and storm sewer system be hard-surfaced. He noted that the applicant has suggested in the application that the first ten feet of the driveway be hard- surfaced. The Fire Department is opposed to this proposed solution for two reasons. The intent of this provision in the ordinance is to reduce the amount of silt, sand and rocks which run to the storm sewer system in an effort to increase the water flow through the storm sewer system. By hard PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES MAY 4, 1999 Page 10 surfacing that portion of the driveway closest to the street this intent is maintained. It is not believed, however, that ten (1 O) feet from the street is a distance sufficient to prevent a significant portion of the silt, sand and rocks from being washed into the street during a rainfall or during snow melt or by being moved under the tires of the vehicles as they enter and exit the driveway. From what the Assistant Fire Chief recalls of his previous conversation with Ms. Harding, the engineers she had hired to look at the property had indicated to her that the drainage would become an issue between the two homes and extending to the north to the garage at 551. He did not recall any issue being raised concerning drainage from the south (front yard) portion of the lots causing potential damage to structures. Jan Harding of 561 N.E. 49t~ Avenue and Ron Teorey of 551 N.E. 49t~ Avenue were present to express their frustrations with trying to correct the hard surface driveway issue and not cause any negative affect to their properties. William McBride of 581 N.E. 49'~ Avenue was also present to state he has a similar problem. In his opinion, it all started after 49th Avenue was redone a number of years ago and the roadbed was raised. Commissioner Hunter asked if anyone had contacted the County regarding the problems as 49t~ Avenue is a county aid road. He directed staff to make contact with the County and the City Engineering Department to resolve this issue as it appears it affects the whole block. Motion by Hunter, seconded by Szurek, to table the Appeal of Ordinance 1281 for 551 and 561 49m Avenue NE to allow staff the opportunity to contact Anoka County and the City Engineering Department regarding this issue. Voice Vote: All Ayes. Motion passed. Public Hearing Conditional Use Permit Case #9905-18 Udupi Bahavan, Inc. Re: 5060 Central Ave. N.E. Columbia Heights, Mn. Mr. Hollman presented the request Udupi Bahavan, Inc. for a Conditional Use Permit to open a restaurant in the former Bascali's building at 5060 Central Avenue NE. The restaurant will be called Udupi Caf~ and will specialize in South Indian vegetarian cuisine. Hours of operation will be roughly between 11:00 AM and 10:00 PM, six days a week. Mr. Hollman informed the Commission that in August of 1983 a request was reviewed for a Conditional Use Permit and Site Plan Review for the construction of a Wendy's Restaurant on the site. This request was approved in September, 1983. The Wendy's Restaurant site was developed at the same time as a Rax Restaurant which was constructed on the property to the south (most recently Boston Market). In June of 1997 a request was reviewed PLANNING AND ZONING COMMISSION R~GULAR MEE'I'ING - MINUTES MAY 4, 1999 Page 11 for a Conditional Use Permit to operate Bascali's Restaurant which was approved in June, 1997. The building has been vacant since late summer, 1998. Mr. Hollman stated that according to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). Mr. Hollman stated that the applicant is not proposing any physical changes to the site, or exterior structural changes to the building. However, there will be a couple of equipment changes inside the building, such as removal of the soda fountain and brick oven. They also plan to construct a wall to conceal the kitchen area from the seating. These improvements are subject to review and approval by the Building Official, Fire Department, and Anoka County Health Department. He indicated that one issue that was raised by the Health Department pertains to a wood storage shed/box which was constructed adjacent to the rear of the building. This space was used for the storage of wood for the brick oven. Considering that the oven is being removed, staff will recommend that this storage box/shed also be removed. A blanket was observed over the box and it is possible that someone may have been using the space for shelter. Another concern is that this space could be a harborage for rodents. He noted that staff was not able to find any record of a building permit for this storage space. Mr. Hollman stated the minimum Yard and Density Requirements are as follows: Lot Width shall be at least 50 feet. The subject parcel is 165 feet wide; Lot Area shall be at least 6,000 square feet. The subject parcel is 34,485 square feet; Front Yard Setback shall be 15 feet. The existing structure meets this requirement; There shall be at least one 10 foot side yard, the other side yard can be zero feet. The existing building meets this requirement; Rear Yard Setback shall be 30 feet. The existing building meets this requirement; The floor area ratio shall not exceed 1.0. The property has a floor area ratio of approximately .08, which meets this requirement; Need minimum frontage of 40 feet. The subject parcel has 165 feet of frontage along Central Avenue. Mr. Hollman stated that the parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there are 84 seats in the restaurant which requires 28 parking spaces. The site plan indicates that there are 45 parking spaces on-site, two of which are handicap accessible. He noted that the existing parking lot meets minimum requirements of the Zoning Ordinance. He added that solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. There is a dumpster enclosure provided at the back of the site. PLANNING ANO 7_QNING CQMMISSION R~:GULAR MEETING- MINUTES M AY 4, 1999 P~ !ge 12 MI.i. Hollman informed the Commission that another screening requirement is that when any business is adjacent to a res~dential~ use,. that business shall provide screening along the boundary of the residential property. Screening can beI accomphshed by a privacy fence that is not less than 50% opaque, or it can be accomplished by providing pla~ntings along the residential property. He stated that there is currently a privacy fence separating the subject property from adjacent residential property Portions of this fence are in need of repair, and staff will recommend that the fence be repaired and maintained in good condition. | M~ Hollman stated that Staff has not seen any information pertaining to signage. He noted that the current bullding does not comply with the signage section of the Zoning Ordinance as there are graphics painted on the exterior of the building, on the retaining wall, and on the dumpster enclosure. Section 9.117A(4)(g) of the Zoning rid nance states that a s~gn or graphics painted directly on any exterior surface of a building or structure is pr?hibited. He added that staff attempted to contact the previous tenant regarding this issue during the summer of 1998. The tenant never responded, and the restaurant closed before staff took additional enforcement action. St~ff will recommend as a condition of approval that these graphics be removed or covered. Th'p proposed operators of the restaurant were present to state that their operation will be a family business with a t_o~al vegetarian cuisine. The hours of operation will be approximately 11:00 a.m. to 10:00 p.m. six days a week. NO alcohol will be served on the premises. MOtion by Fowler, seconded by Ramsdell, to recommend to the City Council the approval of the Conditional Use Pelmit to allow the operation of Udupi Caf~ in the Retail Business Zoning District at 5060 Central Avenue NE, .subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; 2. The screening fence shall be repaired and maintained in 9god condition; 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; 4., The existing graphics on the building, retaining wall, and dumpster enclosure shall be removed or covered; and, 5.. The wood storage box located along the west side of the building shall be removed. 6. Remove outdoor seating area at front of building. Volce Vote: All Ayes. Motion passed. ['HIS ITEM TO APPEAR ON THE MAY 10, 1999 CITY COUNCIL AGENDA. ST :~FF REPORTS: PLANNING AND ZONING COMMISSION 'REGULAR MEETING- MINUTES MAY 4, 1999 Page 13 Discussion was held regarding the moratorium that exists and is soon to expire for the St. Tim's Property at 825 N.E. 51~ Avenue. Motion by Szurek, seconded by Hunter, to adjourn the meeting at 8:45 p.m. Voice Vote: All Ayes. Motion passed. ubmitted, , Kathry~ Secretary to the Planning and Zoning Commission kp COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES' OF APRIL 20, 1999 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruettimann at 7:00 p.m., Tuesday, April 20, 1999, in the Parkview Villa Community Room B, 965 40~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: Robert Ruettimann, Patricia Jindra, Don Jolly, Gary Peterson, Julienne Wyckoff, and John Hunter Marlaine Szurek Walt Fehst, Executive Director Ken Anderson, Deputy Executive Director Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Admin. Julie Wesley, Family Self Sufficiency Coordinator AD1V[INISTER OATH OF OFFICE President Ruettimann administered the Oath of Office to Commissioner John Hunter and directed the Executive Director to file copies of the Oath of Office in the permanent records of the EDA. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO 1V[EETING AGENDA Mr. Anderson asked to add discussion and action on the Subordination Agreement with the Columbia Heights Mall. President Ruettimann placed the item at 10.A. 1 on the agenda. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). A. Adopt the consent agenda items as listed below. 1) Approval of Minutes - regular meeting of March 16, 1999. Move to adopt the mutes of the March 16, 1999 regular meeting as presented in writing. 2) Financial Report and Payment of Bills. a. Financial Statement - March, 1999. b. Payment of Bills - March, 1999. Move to approve Resolution 99-04, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the fmancial statements for March, 1999 and approving payment of bills for March, 1999. MOTION by Peterson, second by Wyckoff, to adopt the consent agenda items as listed. All ayes. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY A. Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Administrator. Ms. Stoopes-Mokamba reported a snapped cable on the underground garage door was repaired the same day. Fire Department inspections will be conducted on April 20 and 21. The battery for the South Generator went out and a temporary battery has been installed while the new one is on order. Harvest Paint is completing minor repairs from the annual inspection and painting vacant units. The Capital Improvements Committee met on April 8, 1999 and defined goals of the Committee and areas to be looked at. The Committee will meet every two weeks through the budgeting period and monthly after that. The Fire Department approved the emergency alarm panel in the front entry way. No bids were received for the second time on the placement of security cameras. Two calls were made to bidders prior to the bid opening. The estimated cost is $6,000 to $8,000. Mr. Jolly suggested bidding on a time and material hourly rate in a less formal bid process. Ms. Stoopes-Mokamba indicated this is a small job and companies are all currently too busy. Ecol~omic Development Authority Minutes April 20, 1999 Page 2 Occupancy figures for the North and South buildings were given and discussed. Ms. Stoopes-Mokamba indicated the good response from placing information in the Heights Happenings brochure. Mr. Ruettimann requested the Resident Council look into the necessity of repainting an apartment if a resident has only been in it a few months. Jim Kordiak was at Parkview Villa in early April to assist residents with their renter's rebate. Ms Stoopes-Mokamba reminded the Commission that a tour of the penthouse and possibly two apartments will be held prior to the next EDA meeting on May 18, beginning at 5:30 p.m. at Parkview Villa. Refreshments will be served. Ms. Wyckoff inquired how the new copier/fax was working at Parkview Villa. Ms. Stoopes-Mokamba stated staff is overall very happy with the copier. The office does not currently have a fax machine, but it is included in the 1999 budget. Dian of the Resident Council addressed the Commission to research the problem of someone parking a licensed vehicle in the underground garage for two years without ever operating it and the possibility of having it removed so the next person on the waiting list can have a spot for a vehicle that is used. Ms. Stoopes-Mokamba indicated the party referred to pays for the space and the vehicle has valid license tabs. Staff will research legalities of a vehicle in this situation and also where one household has two car spaces. CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON THE AGENDA A resident of Parkview Villa informed the Commission of plumbing problems with several sinks backing up and waiting and waiting for this to be fixed. She was told it is necessary to obtain a Purchase Requisition before the work is ordered. This process has taken too long and has caused smell and inconvenience. Ms. Stoopes-Mokamba indicated that the financial process requires any item over $50 and a unit number to obtain a Purchase Requisition before the work can be ordered. Following discussion it was decided that Mr. Ruettimann, Mr. Fehst, Mr. Peterson, and Mr. Anderson would meet, possibly with the Finance Director, to discuss and resolve the issue of emergency repairs over $50. Ms. Barnes asked to be included in this meeting. Commissioners felt there needs to be a different policy for emergency items versus a purchase. MOTION by Mr. Ruettimann, seconded by Mr. Peterson, to permit corrections to the current mediate plumbing problems. All ayes. MOTION CARRIED. Mr. Ruettimann questioned how the feeding of geese is going. Dian of the Resident Council indicated there is a vast improvement and people are feeding the geese further down the hill. RECOGNITION~ PROCLAMATIONS~ PRESENTATIONS, GUESTS - None. PUBLIC HEARINGS - None. ITEMS FOR CONSIDERATION A. Other Resolutions. 1) Public Housing Management Assessment Program (PHMA_P). Mr. Anderson referred to the Public Housing Management Assessment Program (PHMAP) certification agenda letter and draft Resolution 99-05 attachment. Each year this requires EDA approval. Ms. Stoopes-Mokamba indicated this year there are more units occupied and the mm-over time has improved, there were more emergency work orders, but less work orders overall. Mr. Ruettimann stated it was cumbersome to receive this information the night of the meeting and asked that in the future items be submitted in a more timely manner. He indicated this is a type of report card and wished to compliment the Management Company and the Housing Administrator on a f'me job. MOTION by Wyckoff, seconded by Jindra, to approve EDA Resolution 99-05, being a Resolution of the Columbia Heights Economic Development Authority confmuing approval of the Public Housing Assessment Program Certification; and furthermore, to direct the Executive Director to forward same to the U.S. Department of Housing and Urban Development. All ayes. MOTION CARRIED. Bid Considerations. 1) Security Cameras - Parkview Villa - None. ~ico-~ornic Development Authority IVlinutes April 20, 1999 Page 3 C. Other Business 1) Garage Parking Policy. Mr. Anderson asked consideration of a motion on the Parkview Villa Parking Policy brought before the Commission last month. Mr. Ruettimann requested this item be discussed under agenda item 10.A.2. 2) FSS Contracts of Participation. Mr. Anderson indicated the EDA contract with I-IUD requires a Family Self Sufficiency program. He introduced Julie Wesley, FSS Coordinator, who started in September of 1997 and has just returned from medical leave. Ms. Wesley referred to the agenda packet contracts which are not legal and binding, but show goals agreed to by the Section 8 participant toward becoming self sufficient and being removed from the Section 8 program. She explained how an escrow account is set up for each participant. When the participant advances in salary and their rent portion increases, the dollar difference between previous rent assistance and the new lower rent assistance is placed in their escrow account. When the participant reaches the point of no longer needing to be on the Section 8 Program they are then rewarded with the escrow account to help them toward their self sufficiency. Mr. Ruettimann questioned the set up of these fimds with the agreed conclusion to dissolve the Columbia Heights Section 8 Program. Ms. Wesley indicated she has spoken to Metro HRA and these clients will be offered to continue the agreement through Metro I-IRA. Mr. Anderson indicated the issue is that the Columbia Heights EDA entered into these contracts prior to Ms. Wesley's absence, and staffhas an ethical obligation to proceed with these contracts. The Columbia Heights EDA will not enter into any new agreements. He further indicated that to dissolve the Section 8 program the EDA will need to enter into an agreement with the local HUD office and forward the information to the national office for approval. Staff asked that the EDA enter into these contracts retroactive to the original date the agreements were signed. MOTION by Peterson, seconded by Wyckoff, to authorize staff to enter into the Contract of Participation with FSS family YY00252, YY00253, 246-03-03; retroactive to the respective date the contracts were signed, for the purpose of establishing and maintaining an FSS escrow account(s). All ayes. MOTION CARRIED. 3) Approve FSS Escrow Account Interest Rates. Ms. Wesley referenced the EDA agenda letter describing the process of determining the interest rate for the FSS escrow account. MOTION by Peterson, seconded by Wyckoff, to set an interest rate at 1.47% for the establishment of FSS escrow account activity effective after January, 1999 and a 1.59% interest rate for escrow activity prior to January, 1999. All ayes. MOTION CARRIED. 4) 4607 Tyler Street - HOME Repayment Agreement. Mr. Anderson indicated a request has been made to Anoka County for reimbursement of $39,999.99 in HOME funds. These funds are being reimbursed for costs previously incurred by the Housing and Redevelopment Authority for rehabilitation work done at 4607 Tyler Street. The Anoka County Attorney's Office requires a Repayment Agreement which states that the Columbia Heights EDA, as owner, agrees to reimburse Anoka County the full sum of the reimbursement amount if the real estate is sold or transferred within the next ten year period, and will be a lien against the property. Revenue resources for this project came from HOME funds, Community Development Block Grant Funds and a required local match equal to 25 percent of the HOME funds received. MOTION by Ruettimann, seconded by Hunter, to approve the Repayment Agreement between the Columbia Heights Economic Development Authority and the County of Anoka dated April 20, 1999; and furthermore, to authorize the Executive Director to enter into an agreement for the same. All ayes. Motion carried. 5) By-law Amendments. Mr. Anderson indicated the procedure to move the Citizen Forum on the EDA meeting agenda from the end of the meeting to after the Report of the Management Company and changing the meeting start time to 6:30 p.m. requires a change to the By-laws. MOTION by Wyckoff, second by Hunter, to approve the revision to the EDA By-laws order of business to allow the Citizen Forum to follow the Report of the Management Company; and furthermore, to change the EDA meeting April 20, 1999 Page 4 starting time from 7:00 p.m. on the third Tuesday of each month to 6:30 p.m. on the same date. All ayes. MOTION CARRIED. 6) Repayment Agreement - Section 8 Certificate #96C07.02. Mr. Anderson informed the Commission of a Section 8 client who was discovered to have undisclosed income and has agreed to enter into a two year repayment agreement for the amount over paid. Mr. Hunter asked if this violated Federal law. Staff indicated it is a violation of the Section 8 agreement. The client could be terminated or be allowed to repay the difference. MOTION by Jolly, second Wyckoff, to approve the Repayment Agreement between the Columbia Heights Economic Development Authority and Section 8 Certificate holder #96C07.02; and furthermore, to authorize the Deputy Executive Director and Occupancy Specialist to enter into an agreement for same. All ayes. MOTION CARRIED. 7) Section 8 Report. Mr. Anderson referred to the Section 8 report indicating there are currently 48 Certificates and Vouchers being utilized. There are currently 7 port outs to other locations and 96 port ins from other lecations. Staff explained the program basics to Mr. Hunter. MOTION by Jolly, seconded by Wyckoff, to receive the Section 8 report as written. All ayes. MOTION CARRIED. 8) Review of MHFA Loan Applications Mr. Anderson indicated there are currently two MI-IFA loans in progress. One request is over the income limit and the other may not meet eligibility requirements. EDA Commissioners discussed meeting prior to the April 26th City Council work session to review MHFA Loans. ADMINISTRATIVE REPORTS A) Report of the Deputy Executive Director. Special TIF Legislation - staff indicated this has been added to the Senate Omnibus Tax Bill. The result is still unpredictable as there is no companion bill in the House. 1421 46~ Avenue/Mr. Bristol - Mr. Anderson has directed a memo to Kevin Hansen, Public Works Director, regarding the problems with foundations sinking in this area. Some sanitary sewer lines have broken in this area. Staff is not aware of programs to assist homeowners, but will check with FEMA for possible help. Mr. Ruettimarm has spoken to Mr. Ted Mondale requesting a package be put together for assistance. Demolition Bids will be opened May 7, 1999, at 11:00 a.m. for five properties, two of which are being funded through the Economic Development Authority. The bid consideration will be presented to the EDA at the May 18t~ meeting. The Design Team will have an update meeting on May 1, 1999 at Murzyn Hall. Several Council members visited 4519/21 and 4642/44 Tyler Street to become more informed regarding the decision to sell the duplexes "as is" or possibly require they be converted to single family dwellings. This property is owned by the City and ultimately their decision. Staff felt to sell the properties as quickly as possible it would be best to leave them as duplexes. Discussion followed which included requiring these two duplexes be changed to single family homes with the goal to transform this entire area to single family dwellings. Mr. Jolly felt a work session would be beneficial for further discussion. Mr. Hunter asked who would purchase a single family home surrounded by duplexes and felt they should be sold "as is". Mr. Peterson felt the EDA should incur no further losses from these properties. Mr. Fehst felt that even if cenverted to single family homes, they still end up looking like duplexes. Ms. Wyckoff questioned the current situation with 3800 5t~ Street. Mr. Anderson indicated the building was purchased by a person from Denver, but the local individual who was interested in the building for light assembly intends to try and purchase it from the new owner. Ec~oraic Devet~pmeut A.~tkorky Minutes April 20, 1999 Page 5 Garage Parking Policy at Parkview Villa - Continuation of discussion from 9.C. 1., Garage Parking Pohcy at Parkview Villa. Commissioners discussed Item #2 of the Parking Policy, which refers to inoperable vehicles and Management's right to vacate a parking space if a vehicle is not being driven by the resident. Staff indicated they do reserve the right to request a parking space be vacated. Parking privileges are available to residents of either building. Mr. Ruettimann stated that any new policy would not change the terms of past parking facility users, only persons renting parking space in the future. Mr. Fehst stated there were no past agreements, however current users could be "grandfathered" under current use. He will check with the attorney on legalities and wording that can be enforced. MOTION by Ruettimann, second by Hunter, to table the Parkview Villa Parking Policy. All ayes. MOTION CARRIED. Columbia Heights Mall Subordination Agreement - Mr. Anderson presented the Columbia Heights Mall Subordination Agreement which results in the EDA's rights taking second place behind the rights of the holder of the mortgage being given to Columbia Heights Center LLC by Norwest Bank. He referred Commissioners to the letter from Kennedy and Graven, Chartered who indicate this is a standard and common agreement and suggests the EDA adopt the Agreement with the requirement they agree to abide by the value in the.Agreement. Mr. Ruett/maun questioned the financial liability and "what are we giving away"? Ms. Jindra questioned if this was the same owner as before when the tax reduction was requested. Mr. Anderson indicated this is a new owner. Mr. Peterson suggest Mr. Ruettimaun meet with Greensweig, the Executive Director and the Deputy Executive Director to further discuss the advantages and disadvantages to the EDA of signing this Subordination Agreement. Mr. Anderson will set up this meeting. Mr. Ruetfimann requested the City Attorney also be asked to attend. Mr. Peterson suggested that anyone else interested in attending this meeting inform Mr. Anderson. MOTION by Ruettimann, seconded by Htmter, to table action on the Columbia Heights Mall Subordination Agreement. Ail ayes. MOTION CARRIED. Shirley Barnes, Crest View Corporation, informed the Commission that Columbia Village will now be open one month earlier than the scheduled opening of August, 1999. ' MEETINGS The next regular EDA meeting is scheduled for 5:30 p.m., Tuesday, May 18, 1999 for a tour of the Parkview Villa facilities with the regular meeting commencing at 7:00 p.m. in Community Room 13 at Parkview Villa. ADJOUR_NM]gNT Meeting adjourned at 9:20 p.m. by President Ruettimann. Respectfully submitted, Patty Muscovitz Recording Secretary H:XEDAmlaulea~4-20-1999 E oo~ooo~o ooooooo~ oo~oo ..... ooooo~ ~ ~ ~ ~ ~ § ~§§~oo§ ~ . 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