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HomeMy WebLinkAboutMay 17, 1999 Work SessionCITY OF COLUMBIA HEIGHTS Gary L. Peterson Councilmembers O~MO~Zald G. Jolly 590 4OTH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-280 rlaine Szurek Julienne Wyckoff John Hunter City Manager Walt Fehst ADMINISTRATION NOTICE OF COUNCIL WORK SESSION Notice is hereby given that a Council Work Session is to be held in the CITY OF COL UMBIA HEIGHTS as follows: Meeting of' Date of Meeting: Time of Meeting: Location of Meeting: CITY CO UNCIL/CITY STAFF MONDAY, MAY 17, 1999 6:15 P.M. CITY HALL CONFERENCE ROOM I AGENDA 1) 2) 3) 4) 5) 7) 8) 9) 10) 10 12) 13) 14) 15) 16) 17) Association of Metropolitan Municipalities- Mayor Jorgenson/G. Ranieri, AMM Ex. Director North Star Corridor Update - Councilmember Billings Radio Transmission Tower, Mpls. Water Works Property/Status Report on Water Works Project in New Brighton Replacement of Ford Backhoe #167 Lighting and Electrical Upgrades - Municipal Service Center Basement Authorization to Purchase Auto/CAD Land Development Security Guard Services Bad Check Recovery Electrical Repairs at the Heights Liquor Store, 5225 University Avenue Enhancements to the Roof of the Liquor Store #3, 5225 University Avenue Ordinance No. 1392 Pertaining to City Charter- Local Improvements, How Made Ordinance No. 1391 Regarding Meeting Notices - Charter Commission Currency Exchange - State License Application - 4110 Central Avenue Establish New Salary Range for Police Captain Request Authorization to Award Bid for 1999 Jamboree Fireworks SACA Land Lease SA CA Site Plan 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/782-2806 for deaf or hearing impaired only) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROViSiON OF SERVICES EQUAL OPPORTUNITY EMPLOYER A ociation of Hetropolitan unicipalitie March 8, 1999 Mr. Walt Fehst City Manager 590 40th Ave NE Columbia Heights, MN 55421-3878 Dear Walt, Enclosed for your review and use is some information regarding the Association of Metropolitan Municipalities (AMM). As AMM celebrates its 25th year, we will continue to serve our members by being active at the Minnesota Legislature and the Metropolitan Council. To fulfill our mission we have developed a communication system that includes the use of the World Wide Web, as well as meetings on a sub-regional basis. If you need additional information or have any questions please contact me at (651) 215-4001. Thanks for your interest in AMM! Sincerely, Gene Ranieri Executive Director ~J~R 8 MANAC~ ~ C:\GENES FILES\word does\OtherMisc 145 University Avenue West Saint Paul, Minnesota 55103-2044 Telephone: (651) 215-4000 E-mail: amm@amm145, org Summary: 1999 Omnibus Tax Bill & Jobs Bill The 1999 Session should adjourn tonight (Monday, May 17, 1999). During the Monday session the House and Senate should pass the Omnibus Tax, Transportation and Public Finance bills. The Jobs Appropriation Bill was passed on Saturday. The following is a summary of the Tax, Transportation and Jobs bills. TAX BILL Income Tax. The bill spends $;)'4~ billion during the fiscal years 1999 through 2001. The FY 1999 expenditure of $1.250 billion is for the sales tax rebate. The rebate should be mislaid to taxpayers by the end of August of 1999. In addition, the bill reduces the state income tax by $1.3 billion in the next biennium (July 1, 1 999 to June 30, 2001). The income tax rate is reduced for all three income tiers. The rate is reduced by 0.5 percent for the lower and upper tiers and 0.75 percent for the middle income tier. The marriage penalty is also modified. Sales Tax. Approximately $4.0 million in sales tax exemptions were granted. The governor's proposal to exempt television commercial products and inputs was approved. The sales tax exemption for local government sales was not approved. ~ Property Tax Local Levies. The reverse referendum applicable to local levies was not approved. Levy limits with the adjustment ~ commercial industrial growth were e~xtende~t-for one ~ Local government will also be required to adopt as part of the troth in taxation process a tax rate. Property Tax Relief. The educational homestead credit has been amended to provide additional relief to property owners. The rate mad maximum amount of the credit are increased and the total amount appropriated to. cover the changes is $116.4 million. Property Tax Class Rate Compression. The class rates for most of the classes have been reduced. The rate of reduction approximates 0.1 percent. For example, the rate for commercial industrial property is reduced from the current 2.5 and 3.5 percent to 2.4 and 3.4 percent. Tax Increment Financing. Several amendments were made to the Tax Increment Financing Act. The amendments relate to the local share for housing districts, public facilities, 1979 to 1982 districts, pooling to avoid deficits and enforcement of violations. The housing district local share is reduced from 10 percent to five percent. After Jan. 1, 2000, tax increment cannot be used for public facilities such as social and recreatiT)nal facilities. The 1979 to 1982 amendment ratifies pnor expenditures but requires decertification of the district upon payment of all outstanding expenditures. If a district has a deficit caused by tax rate compression increment from other districts including those administered by another authority can be used to cover the deficit. In addition, the state increased the state grant fund for tax increment financing deficits from $2 to $6 million. The enforcement of tax increment violations will involve the attorney general with the tax court hearing the case. In addition to the general law amendments there were several special law provisions for cities. Among them were special laws for Fridley and St. Paul. Tax Abatement. The tax abatement law was amended to permit a school district, t0 approve the abatement for more than one year and to include the fiscal disparities levy the abatement. Public improvements can also be completed with abatements and need not be contiguou~ to the parcel. ECONOMIC DEVELOPMENT & HOUSING The Omnibus Appropriations Bill for housing and economic development was passed on Saturday, May 15, 1999. The bill appropriates state funds for several programs and projects. Among them are the following: Minnesota Investment Fund. The fund, which provides a fund to assist in the development of jobs, was appropriated $9.0 million. Redevelopment Fund. The fund was appropriated $3.0 million. Pollution Clean-up Fund. This fund, which is administered by the Department of Trade and Economic Development (DTED), was appropriated $7.6 million with $2.0 million (one-time funding). The petrofund was amended to allow the petro funds to be used to clean up additional contaminants. Housing. The budget of the Minnesota Housing Finance Agency (MHFA) was increased by approximately $3 1.0 million over the governor's recommendation. Of the new money, $4.0 million is appropriated to the Metropolitan C(~uncil to implement an innovative and inclusionary housing program. An identical amount was appropriated to the MHFA for a similar program in the counties outside the metropolitan area. The housing challenge grant program is a new program and was appropriated $2 1.0 million. The challenge grant will require contributions from employers and is aimed to produce owner occupied housing. Local governments and non-profits can also contribute to project. The MHFA appropriation also includes language directing the commissioner to provide a grant to a city consisting mostly of manufactured housing for housing improvements. Pass Through Grants. The Department of Trade and Economic Development (DTED) was authorized to make grants to cities for specific projects. Among the cities receiving the grants are St. Paul, Windom, Winona, Fridley and Duluth. TRANSPORTATION The tax bill did not include a provision to reduce the "tab" fees. Several bills address transportation iss~lm~xm~ls fbr the lig~i'rail project are ~tained in the bonding bill. Bonding for the Metropolitan Council's transit facilities is authorized in the public finance bill. The Council was authorized to issue up to $36.0 million in bonds. The Council's operating subsidy was approved for hpproximately $110.0 million. CITY COUNCIL LETTER Meeting of: May 17, 1999 AGENDA SECTION: ORIGINATING DEPT.: z.,.A CITY MANAGER NO: Community Development~.~F.,~ APPROVAL Tower, Minneapolis Water BY: Joe Hollman<~?t BY: ITEM: Radio Transmission NO: Works Property DATE: May 11, 1999 Issue Statement: Representatives from Minneapolis Water Works will be requesting a Conditional Use Permit for the construction of a 100 foot tall radio transmission tower on their property in Columbia Heights. It is anticipated that this request will be before the Planning and Zoning Commission at their June 1, 1999, meeting. Background: The tower will be a monopole design, and as mentioned above will be roughly 100 feet tall. The proposal also includes a small equipment shelter to be located next to the pole. The tower is required for communication purposes between the Water Works' remote pump stations and main plants at Fridley and Columbia Heights. Due to the potentially controversial nature of the request, the matter is before the City Council for discussion purposes. Note that Donald Kujanen, Engineer II for Minneapolis Water Works, and/or the Minneapolis Public Works Director will attend the work session to answer any questions that you may have. Analysis: Section 9.104(8) of the Columbia Heights Zoning Ordinance requires that those essential services which contain structures that exceed the maximum height as set forth in the zoning district in which it is to be located be permitted as a Conditional Use Permit. The subject property is completely surrounded by residentially-zoned property which has a height requirement of three stories or 35 feet. Please note that antennas, flag poles, water towers, etc. (attached) in residential districts are allowed to get as high as 52 ½ feet. The proposed tower will clearly be higher than what is allowed on surrounding properties, so the Conditional Use Permit will be required. An essential service is defined as: "Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication (emphasis added), supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings." The tower will be used to enhance communication throughout the metropolitan area, so it is the opinion of the City Planner that the proposal fits within the definition of essential service. The definition excludes buildings, but the proposed equipment building is considered an accessory structure and is permitted without a Conditional Use Permit. The Zoning Ordinance further states that it shall be found by the City Council that the architectural design of buildings and/or structures are compatible to the neighborhood in which it is to be located prior to granting the Conditional Use Permit. It is staff's opinion that the intent of this statement in the Ordinance is to protect neighboring properties from potential negative impacts. Due to the height of the tower it will undoubtedly be visible from neighboring properties. However, the top of the proposed tower will be comparable in elevation to other structures in the area. The top of the proposed tower will have an elevation of 1,120 feet, the top of the wash water tank on site has an elevation of 1,070 feet, and the top of the Head House has an elevation of 1,095 feet. The tower will be the tallest structure on the property, but it will only be 25 feet higher in overall elevation than the Head House. Also, the proposed location of the tower is centrally located on the Water Works property and it will be roughly 500 feet from the nearest property line. Any impacts on neighboring properties will be minimal. Note that the Columbia Heights water tower is 125 feet tall. The Federal Aviation Administration and the Minnesota Department of Transportation are required to be notified of any structure 200 feet above ground or more that could affect navigable airspace. The proposed tower is 100 feet tall, so this will not be necessary. Attachments: Water Works Site Plan; Graphic renderings of tower; Section 9.116(16) of Zoning Ordinance. Recommendation: None. Subject to Planning and Zoning Commission review, tentatively scheduled for June 1, 1999. Recommended Motion: No motion needed for work session. COUNCIL ACTION: ~re~areA ~oocl Out:~ets good.outlet stozes ~ t~e .~.' ~stz~ct scaped and sa~d landscaping shall be separated ~zom the' =ur~aced part of th~ Xot'by a cuzb (b) Hours of operation shall be confined to the per~od be~e~ ~0 a.m. ~nd ~ a.m., excep~ for ~hose s~es located f~f~y ~ee~ (50 .from ~he "R" D~s~r~c~ and fron~n~ on a MJor thoroushfare. ('e) The entire slte other than the ·rea occupied by a building. or landscaping shall be surfaced according to a grading plan approved by the City Engineer. The outdoor lighting system shall be so designed that no direct source of light is visible from the-public right-of-way or adjacent land· · When prepared food Is served to the customer.in · carry-out container, · proposed system of trash containers and trash removal from the slte shat! be submitted to the City for proval;.sald system to Include the'plck-up of papers and other material v~lch initiated from the prepared food slte that are deposited within three hundred (300) feet of the site. A proposed system of ingress, egress and parking shall be sub- mitted for approval by the City. Curb cuts shall not be permitted with1· fifty (50) feet of the intersection of the curb line on major and secondary thoroughfares. Ord. 1047, elf. 8/25/83 Sections 9.116(15)(a), (b), (c), (d), (e), and Cf) shall not apply to any Prepared Food DelivezT Estab2ishment as such establishment :~s defined :in Section 9.203(63). ).116(16) Additional Requirements, Exceptions and Modifications The requirements and regula1:ions specified heretofore, in this Ordinance shall be subject to the following: (a) Height limitations set forth elsewhere in this Ordinance shall be increased by fifty (50~) percent when applied to the' follc~ving: i) iii) iv) v) vi) vii) viii) x) Church spires Bel fries Water Tc~ve rs Flag Poles Smoke Stacks Cool ing towers E lev·tots Elevator penthouse Antennas ,... Monuments - 350 - CONSTRUCTION COMPANY II II DRAFT Page __ of __ Date /~'/~Z~ ! $ ~'-'//~"~'~,~'" Subject: ~ ~ Ci_ty of Columbia Heights Public Works Department Work Session Discussion Item: Work session date: May 17, 1999 prepared by: Lauren McClanahan, Superintendent of Public Wo Item: Replacement of Ford Tractor/Backhoe #167 Background: The Ford tractor/backhoe #167 was purchased in 1969. It is 30 years old and was used as the city's number one backhoe until 1990, when the JCB backhoe #104, a 4-wheel drive equipped with extend-a-hoe was purchased. The Ford tractor/backhoe is currently used primarily in conjunction with the Allied Hydraulic Hammer to break out frost, concrete, or asphalt prior to excavating. It is in fair condition amd the transmission was converted from automatic to standard about 10 years ago. Do to the fact that it is equipped with a standard transmission and 2-wheel drive it is almost useless for snow removal or material handling activities. When repairing watermains the standard operating procedure has been to use one backhoe as a frost breaker and the other one as the excavator. The procedure has been efficient and repair times have been kept to a minimum. The Ford tractor/backhoe was purchased for $25,000 and has 5,568 operator hours to the best of our knowledge. Repair costs total $9,395 over the last 10 years. The maintenance and repair records prior to 1989 may be inaccurate. Discussion: Today's tractor/backhoes are very versatile machines and can be outfitted with various attachments, such as 4 in 1 loader buckets, sign post pounders, sweepers, snow plows, pavement breakers, tree grapples, etc. They also have such features as four wheel drive and an extendable digging hoe. These features plus the added safety features should improve crew efficiency during snow removal and constructions activities and reduce the crews exposure to personal injury. The 1999 budget has $100,000 designated for the replacement of the Ford tractor/backhoe #167. The cost will be split 50/50 between the sewer and water departments. Staff recommends trading in Ford tractor/backhoe #167, moving JCB backhoe #104 into 2nd position and purchasing a new 4-wheel drive tractor/backhoe with an extend-a-hoe from the State Contract that expires June 30, 1999. It has been indicated to us that costs will increase 3 to 5% for the next State Contract for tractor/backhoes. Requested Action: Authorization to obtain pricing from the Minnesota State purchasing contract for the acquisition of a new tractor/backhoe for consideration at the June 14th Council Meeting. Ci_ty of Columbia Heights Public Works Department Work Session Discussion Item: Work session date: May 17, 1999 Prepared by: Kevin Hansen, Public Works Director/City Engine~ Item: Lighting and Electrical upgrades - 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 low 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 fixture 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. May 17 Work Session Lighting and Electrical upgrades - Municipal Service Center Basement Page 2 Replace one flood light fixture located in the in the SE comer of the basement with a Lumark FM 25 metal halide low 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 run pipe threading machine located in the utility dept. workroom. Requested Action: Two options are available for completing the desired work: Provide lighting improvements up to the line item budgeted mount and budget for the remainder of the work in 2000. 2. Make complete lighting and electrical improvements as recommended in 1999. Staff recommends completing all upgrades for basement lighting and electrical in 1999 and requests authorization to obtain bids. City of Columbia Heights Public Works Department Work Session Discussion Item Work Session Date: May 11, 1999 Prepared by: Kathy Young, Assistant City Engine,)~~ Item: Authorization to Purchase AutoCAD Land Development Background: The 1999 Engineering budget has $5,100 to purchase the 3ra license for AutoCad and Softdesk Civil Design enhancement package. This will provide each engineering technician with a licensed copy of the software. 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. Staff recommends 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 · Civil Package · Survey Package · VIP Package $ 3,195. $ 2,O50. $ 796. $ 300. $ 6,341. Requested Action: 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. CITY OF COLUMBIA HEIGHTS INFORMATION SYSTEMS REQUEST FORM REQUESTING PARTY: REQUESTED PRIORITY: /qqc[ ~,, ~/~ucr'~o AP R 3 0 1999 [] EMERGENCY ~ ~D~ ~ LOW HARDWARE REQUEST SOFTWARE REQUEST TRAINING REQUEST WORK REQUEST DETAILED DESCRIPTION OF REQUEST [~W~ ~QUESTED ~ (Include proposed vendor ~ price, if applicable) ~ :~oo ,crt)_ (Use additional sheet if necessary) SOFTWARE REQUESTED ] (Include proposed vendor & price, if applicable) TRAINING REQUESTED (Include proposed vendor & price, if applicable) WORK REQUESTED I (Include proposed vendor & price, if applicable) / ~ $ida~m~rrmr¢,k'TDivi,io. H~A Date ISP~Q WPD December 4, 1997 MIS COORDINATOR'S REVIEW A.ND RECOMMENDATION ,/' ! Signature, MIS Coordinator Date '~commend doing as requested Charge to code: '~f [] Do not recommend doing as requested because: Signature, Finance Director Date FOLLOW-UP ACTION. TAKEN RECEIVED: ]'RIORITY: FOR MIS USE ONLY ES'I1MATED COM~PLZTION DATE: ' ACTUAL COMI~LETION DATE: TASK #: 1SREQ,WPD Dee.~mber 4, 1997 CITY COUNCIL LETTER Meeting of: MAY 24, 1999 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: FINANCE APPROVAL ITEM: SECURITY GUARD SERVICES BY: PHIL SUCKERMAN BY: NO: 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 Spring 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:dn 9905136 Attachments COUNCIL ACTION: Avalon Security Corporation Number One Security Plaza / 9697 N.W. East River Road / Minneapolis, Minnesota 55433 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, ChiefofPoliceC>~ 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 from 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 deciding 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 Crimes 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 Pa~l&2 Crimes TotalCaHs 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: ORIGINATING DEPT.: CITY MANAGER NO: FINANCE APPROVAL ITEM: BAD CHECK RECOVERY BY: PHIL SUCKERMAN BY: NO: DATE: 5/13/99 47/y ~ DATE: The City is currently writing off approximately $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 turn 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 ~vill 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 present 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: Checks are sent directly from Bank. Collection procedures are at a rate of 0%. Your company gets full face value of check. The Collection Agreement 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 intention 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 frame commitment. Please contact me with any questions or to discuss placement at 754-1931. ALL CHECKS WILL BE FOR WA ED FOR LITIGA TIONAFTER 30 DA YS! Marketing/Sales National Recoveries, Inc. 11000 Central Ave. NE, #100 · Blaine, MN 55434 · 2020 S. Oneida St. · Denver, CO $0224 612-574-1090 · Fax 612-574-9457 · 800-685-3086 AGREEMENT FOR COLLECTION SERVICE Nattmml Recoveries, Inc. of Minneso~ and N~iomd Recovery, ~ of Color~lo, herein referred to as "COLLECTOR" and TOP VALUE LIQUORS, agree ~ the acc~m~ts l~ccd wi~ COLLECTOR are ~ and subject to the termz and conditiom of~e followi~ agrecme~ betwee~ the 1. Collections activities shall be in cmnpliance with federal, state and local laws or regulations, and be courteous and bminesslli~ comistent with the image and relm~ffon of CLIENT. 2. Collection services ~ respect to accounts placed by CLIENT may be performed by o~e or more or,he braneh offices of Natiomi Recoveries, Inc. or National Recovery, Inc. 3. Collections made by COLLECTOR of CLIENT'S accounts will be deposited immediately in a selmrate trust account nmin~iued for CLIENT, a~ well as other clients. COLLECTOR is authorized to emiorse checks drawn in favor of CLIENT for deposit to the trust accou~ maintained by COLLECTOR for receipt of sums collected on the accounts. 4. All coHectious made by COLLECTOR of CLIENT'S accounts will be ~ to CLIENT as · net reml~ance. COLLECTOR slmll remit to CLIENT mt the 10th of the following mont~ COLLECTOR will prepare · statement con~ining account names, numbers, dates, paymem~s received by COLLECTOR or CLIENT, gross amom~ of colleeiiom, and collection fe~ due COLLECTOR. COLLECTOR fees due COLLECTOR on any statement to CLIENT are due and payable upon receipt ofthe st~ement by CLIENT. COLLECTOR lm~ the right to offset any such fees unpaid after thirty (30) days against collections made on CLIENT'S accounts. Any fees unpaid after sixty (60) days will be ~ by one and one-half percent (! 1/2%) per month and CLIENT shall pay all reasonable attoruey fees and court costs incurred by COLLECTOR in collecting such unpaid fees. 5. Collections made by COLLECTOR, and remittal to CLIENT by COI.LF~CTOR, on which · check is re4urned by the bank unpaid, will be reported on the remittance advice as a minus payment and minus coilec~n fee. CLIENT will nofffy COLLECTOR when a checkis reiu~ed by the bank unpaid on · payment nmde direct to CLIENT on which CLIENT has paid COLLECTOR ~he collection fee due. COLLECTOR will ll~ such returned checks on the next On ~ Placement Accounts the collection fee on Payment nmde fo CO~OR and direc~ to CLIENT on non-legal accounts placed ~ COLLECTOR for collectiom sludl ~__0._%. On worfhle~ checks COLLECTOR shall retain all ~ penalfl~ and service fees. 6. Unless prohibited by state law, this agreement comii~uies an ~ignment of CLIENT'S rights and interest for the amount owed on any CLIENT'S accounts. Upen receiving suit anthortzaflon from CLIENT, COLLECTOR may initiate legal proceedings in COLLEC'FOR'S own name. Where such a~do~nments are prohibited by law, COLLECTOR will not Iron,ale civil legal ~ton on any CLIENT'S accounts. Any legal action must be brought by CLIENT. COLLECTOR will act as agent for CLIENT in retaining an attorney for CLIENT. The collection fees on paymems made to COLLECTOR, attorneys and/or direct to CLIENT on legal account pbced ~ COLLECTOR for collection shall be .__0.___%. incurred by COLLECTOR in rt~ining an attorney may be recovered by COLLECTOR prior to remitting to CI.IF~NT the proceeds of collection nmde on the account. Wortlfle~ checks are herein individually assigned to N~tonnl Recoveries Inc., which is authorized to, at its own expense, pursue lawful collection legal remedies for collec~on purposes. Client agrees to; upon specific request promptly sign and forward any necessary specific litigation authorization or similar document~ton as may from time to time be remonably necessary. 7. COLLECTOR is ·nthorized at i~ discre~'m~ to furnish information concerning ~he accotmt~ placed with COLLECTOR to credit imrea~ CLIENT warrants that to the best of their knowledge, all ·ccounts placed with COLLECTOR are valid and leg·fly enforceable debts and are not disputed or subject to any defense, offset, set-ol~ counterclaim or bankruptcy proceedings, unless otherwbe disclosed in writing to COLL~OR by CLIENT. CLIENT shall immediately notify COLLECTOR, in writing, of my dism. of paymen~ nmle direly to CLIENT or any hen~ruptcy notification received by CLIENT subsequent to placement of un acconnt v~h COLLECTOR. CLIENT ~lm~_ be liable for and ~ indemnify, defend and save COLLECTOR harmless from and against any and ali lawsui~ actiom, claims and demands, and costs, expem~ and Mtorney fees incurred in colmecflon wt~h COLLECTOR reporting to smd credit bureaus any info~ provided to COLLECTOR by CLIENT or the ~ of CLIENT to disclose to COLLECTOR that the account is disputed, l~ld in part Or in full, s~isfled, or alleged to be subject to any defense, offset, set-ofl~ counterclaim or l~nUruptcy proceedin~ 8. Audits of COLLECTOR may he performed from ffaue to ffsue by CLIENT or persom remlued by CLIENT, to include · review of collection effort, adequacy of c~h contrnb, prompmees of recording stol remitting payments, coml~iance with their agreement stol any other normal remit procedures and ~ COLLECTOR requests ~he courtesy of at ~ one days notice prior to CLIENT audit. Accounts placed by CLIENT with COLLECTOR for collection may be ~drmm by CLIENT through reasonable wri~en request or clo~ed and returned ~o CLIE~r by COLLECTOR at COLLECTOR'S discretio~ COLLECTOR ~hsI! return the account alonff with any valunble pal2rs which CLIENT nmy specify as follows COLLECTOR shall retain the r~ht to commt~slons on payin~ accoun~ however, as well as the ~ to recover any court costs advanced by COLLECTOR on CLIENT'S acco~m~. Payin~ accounts is defined sm any a~0unt flint has made payment to COLLECTOR or CLIENT. ONCE AN ACCOUNT IS CLOSED AND RETURNED TO CLIENT COLLECTOR WILL NOT BE ENTITLED TO ANY COMMISSIONS. ANY PAYMENTS RECEIVED ON CLOSED ~CCOUTqT$ WH~L BE FORWARDED ~O CLIENT I~ WHOLE. COLLECTOR is not liable for claims that become barred by ~e statute of limitation while in COLLECTOR'S pmmesston_ 10. As farther consMeraflon for ~he receipt and lmnditng and collection of accounts by COLLECTOR, nd for the services connection with any claims made by a third party a~ninst CI.I~.NT and/or COLLECTOR. If the acts of the a~nts, servants and employees of COLLECTOR are ~e pro--rotate cause of any action brou~t agninst CLIENT, rite COLLECTOR will assmne full responsibility for the defense of said action and the payment of any resulfln[ Judgment. If the acts of the a~ents, servants and employees of CLIENT are ~he prox~mmte eanse of any action brought a~h~t COLLECTOR by · third party, then CL~E~ will assume full re~ponslbmty for the defense of said action and payment of ~ndenmiflcaflon: NRI shall indemnify smd hold ]mrmless C~][F2~1~, its appointed bom, ds and cominterns, of~qals, directors~ agents, employees, and nfl~i~s, individually and collectively, form and against any and all liability, claims, losses, damages and expenses of any ~ arising directly or indirectly from negligent or wmfnl acts or omissions of NRI, its appointed boards and commt~lon~ officials, directors, agents, smd employees in the performance ofthis Agreement.. Insurance: Throughout the term of this A~sreement, NRI shall mntntatn at NR~'s expense general and professional lhbflity coverage. NRI shall give CLIENT a certificate of insm-ance coverage upon request. N-R/Mmll also give CLIENT a 30 day prior writ~n notice of cancellation, modification or termination ofsuch lmurance. 11. Th1sagreementsha~bee~ec~ve~fthedatesh~wnand~M~nueine~ectun~term~n~tedas~rp~ Either party may terminate this agreement b~y giving the other party 30 days prior ~ notice of the date of termination; provided, however, that CLIF~NT my terminate this agreement immediately In the event CY)LLEC'TOR shall violate any of the terms or provisions of fids agreement, or CLIENT Shall~ in its sole Judgment, determh~ that there has been an adverse change in COLLF.~TOR'$ flzmncbd condition. Provided, however, flint term4n~thm or eance]ll~ion of tiffs agreement by either party slut~ no~ affect the collection, enforcement or validity of any accrued oldigaflom owing between the parties, nor shall it affect COLLECTOR'S right to commtqsion on lmying account~ as the right to recover any court costs advanced on CLIENT'S accounts as set forth in paragraph 10. 12. Any notice given pursuant to the preceding paragraph shall be deemed to have been received by the party upon mailing It is further understood that COLLF_X~OR is, and wm be acting and occupying the status of any independent contractor and not the status of an agent (except as defined in paragraph 6 ) or employee of CLIENT. The provisions of this agreement shall overrid~ any and all contrary or coMIicttng provisions contained in any past or present agreements. Tids agreement is entered into by and between COLLECTOR and CLIENT, fids .day of 19 by their duly authorized and empowered represeutaflve~ TOP VALUE LIQUORS COLUMBIA H~IGHT~, MN 55421 BY: Addre~: 1000 CENTRAL AVE NE, SUITE 100 BLAINE, MN .q..~34-3527 42 ! S. 3rd Street P.O. Box 9 StillwMel', M~ 55O82 (612) 'F79-47 ! i Fax (612) 77~..4784 March 19, 1997 T° whom it may concern: Based on the service that National Recoveries Inc. has provided Cub Foods since March 1992, pi~se accept this enthusiastic recommendation. I have a great deal of 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 of debt. I have found their staffto be very professiomd mid clicnt orientated with many years ofexperience. I would higidy recolnmend National Recoveries Inc., for any company requiring this type of service. Sincerely, on Supervisor · ' Honeywell Home and Building Conlf. I Honeywell I.e. Itoneywcll Plaza P 0 Box 524 Minneapolis MN 55440-0524 612 951-1000 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. Cre~it Counsel H~? and Building Control MN~9-3275 ' ~'612 ) 951-3953 FAX (612)951-3773 RHJ/dp . UNIYER$1T¥ OF MINNESOTA Cities Caml~ Bursetr C~shiers Office of the Bursar 145 Williamson llall 231 Pillsbury Drire $.E. Minneapolis. MN 5.5455 July 31, 1995 Jmnes Kunza National Recoveries, inc. 6225 University Ave NE #1 Mpls., Mn. 55432 Dear Jim, I would like to commend you and your st,afl'on the results you have shown on the collection of our University Trust fund loans. As you know, these accounts were waiting If be approved for write offby the Board of Regents as uncollectible. They had been to at least two other collection agencies, with no results, and had been returned as hopeless. I was truly amazed when you not only located some of these borrowers, bul received paymenls on them. We feel that anything you collect is definitely a bonus. Keep up the good work. Kaye Buffer, Director, Omce of the Bursar CITY COUNCIL LETTER Meeting o~MAY24, 1999 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: FINANCE APPROVAL ITEM: ELECTRICAL REPAIRS AT BY: PHIL SUCKERMAN BY: HEIGHTS LIQUOR, 5225 DATE: 5/13/99 ~2~ DATE: UNIVERSITYr~ ~ NO: Over the years we have reviewed the deterioration of the liquor store at 5225 University Avenue with the City Council. This store was constructed in 1964 on what now appears to be poor soil conditions. Over the years there has been a significant degree of settling in the side wails, causing severe tilting of the floor and the rear wall of the store to slowly cave inward. Approximately two years ago we hired a structural engineer to look at the store. His evaluation was that it was basically structurally sound and we did not have to worry about it collapsing. His report stated that if we planned to keep the store on a long-term basis at a very bare minimum the electrical service on the rear of the store should be moved to a side wall and that approximately half of the rear wall should be replaced. Since that review and evaluation we have also noticed some severe settling in the front of the store. The front of the building actually sticks out beyond the foundation by approximately two feet with a sidewalk running in front of that. The sidewalk is tilting back towards the building, causing the accumulation of rain and water to mn back to the building, down the front wall, and eventually seep through the wall into the basement. In addition, the south side of the sidewalk has settled significantly, leaving a gap between the sidewalk and the building. The cost to do overall temporary repairs to the building would be significant. As it is staff's long- term goal to evaluate the possibility of securing additional property and building a new liquor store on University Avenue, we do not recommend major improvements to this store at this time. As the electrical box on the rear wall is in poor condition and there has been some separation of the metal conduit, it is staff's recommendation that this main service box be moved to the side wall and new conduit be installed which will eliminate potential electrical hazards. This process has been reviewed with one general contractor and one electrical contractor, AID Electric. AID Electric will move the entire electrical service to a side wall on a time and materials basis with a total cost not to exceed $5,049. As they are uncertain as to problems that may arise while doing the work and the time involved, they have given us a not to exceed bid, but anticipate the actual cost could be significantly less. Having the electrical service moved should provide us additional time to use the building while we evaluate other alternatives for the liquor operation on University Avenue. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with AID Electric to move the electrical panels and correct other electrical problems at Heights Liquor, 5225 University Avenue, at a cost not to exceed $5,049. WE:dn 9905137 COUNCIL ACTION: MAY-I~--9~ Il : 18 ~M ~%!~ I~L£CTRI~ ~R~%C~' %NC 5T1~5 PAGE 82 ~oYembe~ 2, ~998 provide aLilabor and m&ter~al for the ~ollowing work: t. i - ~ew 200 amp 3-phaSe 208 vott panel 2. L - new 300 amp me£~ ~£aconnec~ 6. Reread conveyor dioconneot Reread compressor for refrigera:ion 8, Pe~it {ce Ti~e and ma~e~iai flO~ to exceed ~he 9u~ o~ $5.049.00. NoteS: , - ..... ~ for weeken~ cutover 1. Ov =time is zlgur-u · and electrical ~. Mo~ing the ~ervice to be approved prior by NSP lnlpec~or- cg CITY COUNCIL LETTER Meeting of: MAY 24. 1999 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: FINANCE APPROVAL ITEM: Enhancements to the roof at Liquor store #3, BY: William Elrite BY: 5225 University Ave. DATE: 5/13/99 DATE: NO: On or about September 14,1998, Linda Ballentine appeared at open mike at the City Council meeting to express her concerns about the air conditioner noise at the liquor store located at 5225 University Ave. Based on this, on or about September 23, Chief of Police Tom Johnson had Officer Wilson (#46) conduct noise measurement (as defined and prescribed in City Code) at 5225 University Ave. These tests documented that the noise levels were within the limits allowed by City Code. Based on these tests, and to ensure that adequate testing was done, on or about September 24, Chief of Police Tom Johnson had Officer Wilson (/646) conduct a second series of noise measurements (as defined and prescribed in City Code) at 5225 University Ave. These tests again documented that the noise levels were within the limits allowed by City Code. Based on these tests and the fact that the store was in full compliance with City Code staff concluded that no further action was warranted. However, as Ms Ballentine appeared at several subsequent meetings and voiced her concerns at one or more of these meetings, there may have been some indication that one or more council members may have wanted staff to research this matter further. Based on this, City Manager Walt Fehst assigned City Engineer Kevin Hansen the responsibility of getting a cost estimate to deal with Ms Ballentine's concerns. Based on that assignment, City Engineer Kevin Hansen got the attached estimate in the amount of $1,987.00 from Security Fence & Construction, Inc., to construct a fence on the rear edge of the liquor store roof. It should be noted that installing this fence is no guarantee that the concerns of Ms Ballentine will be resolved. The noise measurement tests indicated that the noise level only increases by 2dB when the air conditioning is running. This is such a slight amount that it maybe impossible to make a noticeable difference regardless of what is done. Based on the following facts it is staffs' recommendation that no action be taken. 1. The noise level is within the guidelines established by City Code. 2. The noise level increase that is created when the air conditioning is only 2dB. 3. 2dB is such a slight increase that it may be nearly impossible to eliminate it. 4. $1,987.00 is a significant amount to spend when there is no assurance that it will resolve the concern. RECOMMENDED MOTION: Move to direct staff to take no further action regarding the concerns about noise from the air conditioner at Heights Liquor, 5225 University Avenue, as the noise level is within the allowable limits of City Code. ALTERNATE MOTION: Move to authorize staff to contract with Security Fence & Construction, Inc. to construct a 48" high fence attached to the fascia on the rear roof line of Heights Liquor, 5225 University Avenue. WElace 99051310 COUNCIL ACTION: Se¢ority Fence & Const~ Inc. 483t Wasl~inllton Ml~ls., MN 55421 Ph:612.574-1893/Fax:612oS72-392~ I NAME i AE)DRE~ t City of Columbia }'le.i~hts i !637 - 35tb Ave N E I Columbia Heighls ~ 55421 s Att. Kevin ~Hansen 514/99. ~ 495 I TERMS Net 30 DESCRIPTION ln~t=,ll ?O' of 48" western red cedar picket tL~ce, 62' attached to fascia 8' attached to fence comer & braced. 1 "x6"x48" pickets spaccd I" apart = 2"x4"~5' posts 6' on center, 2"x4"x6' I stringers per section. REP M^O I I 1 : 53 rd University TOTAL, 1.987.00 ~ Thank you. I 1 I ~ TOTAL $1,987.00 CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S NO: CITY MANAGER ' S APPROVAL ITEM: FIRST READING OF ORDINANCE NO. , BY: CHARTER COMMISSION BY: PERTAINING TO CITY CHARTER, CHAPTER 8, DATE: 5-11-99 DATE: SECTION 77, LOCAL IMPROVEMENTS, HOW MADE NO: 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 (Section 83). It was suggested that thirty years would be a more accurate reflection of what actually has been aliowed by the Council. This would also bring the language into conformance with state statutes. Section 77 was also discussed to bring that into conformance with state statutes as well. This section deals with the certificates of indebtedness and length of time to repay. The Charter Commission has discussed the issues and concurred with the proposed changes. Please note: This issue affects both Chapter 8, Sections 77 and 83. 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. BEING AN ORDINANCE AMENDING CHAPTER 8, SECTIONS 77 AND 83 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO LOCAL IMPROVEMENTS AND REPAYMENT OF ASSESSMENTS The City of Columbia Heights does ordain: Section 1: Chapter 8, Section 77, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: The council shall have the power to undertake local improvements by resolution passed by four-fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the Council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assesses the estimated cost. thereof, against the property to be benefitted thereby in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding te_g!l.years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi-annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city clerk. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. IS H]EREWlTH AMENDED TO READ AS FOLLOWS: The council shall have the power to undertake local improvements by resolution passed by four-frtihs of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the Council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assesses the estimated cost thereof, against the property to be benefitted thereby in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same and shall State the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ~ years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi-annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city clerk. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. Section 2: 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 requestei:l 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 t~__~ 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 3' 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: Gary L. Peterson Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: May 24, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 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 NO: 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--i~ 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 CHARTER OF THE CITY OF COLUM~BIA HEIGHTS PERTAINING TO COUNCIL MEETINGS 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 council. Such notice shall be delivered personally to each member or shall be left 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 HI~REWlTH 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 of 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 the judgment of the 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 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 COUNCIL LETTER Meetinl~ of: May 24, 1999 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: ./c')~ CITY MANAGER NO: Community Development~/4/a APPROVAL ITEM: Currency Exchange - State License Application BY: Joe Hollmar~ BY: NO: 4110 Cenlral Avenue NE DATE: May 11, 1999' Issue Statement: Curt Ports, President ofYounge, Potts, 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 cheek or draft, whichever is greater. " 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, Potts, 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. Please find the following information attached: Resolution 99-54; Map illustrating other financial institutions in area; State License Application; Section 53,4.04 of State Statute; and, Official Publication, Focus News, Thursday, May 6, 1999. Recommendation: Staffrecommends that the City Council approve the license application as the proposed use is permitted per local zoning regulations, subject to the condition that the applicant be responsible for paying the City for costs to publish notice and to send written notice to adjacent properties within 300 feet of the subject property. This will be consistent with typical City practices for providing public notice for public hearings on zoning matters. 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. 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, WHEREAS, 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 fi.om April 16, 1999, to take action on the request; and, WHEREAS, there is not another licensed currency exchange operation within one-half mile of 4110 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 i~ ~i City of Columbia Heights ~ ~ Columbia Heights Financial Institutions ~ ~ ::: :: ~ ~ ~ I I ~l~~~~ MINN~LIS ~t..~, L E G E N D ~p ~sc~ptio~ ~a ~ator ~ P~ls A ~l~i~ Ha~ P~ng ~is map illus~es ~e ~ra~ic ~]~i, Hei~ OlS ~ ~ci~ ]~on ~ of ~ vad~s fi~ndal ~ ~ ~. c~ ~ i~fi~ons al~g ~al Av~ue ~ ~t~f-w~7 . Map Date: ~a7 ]2, ]999 May 3,1999 MINNESOTA DEPARTMENT OF COMMERCE Financial Examinations Division Mr. Joe Holman City Planner City of ~Columbia Heights 590 40"' Avenue Northeast Columbia Heights, MN 55421 RECEIVED MA'( 6 1999 C,0MMUNIT¥ DEVELOPMEN'i Dear Mr. Holman, Enclosed is an application by Younge, Potts, Wiezer & Co., Inc. d.b.a. Currency Exchange Itt'to operate as a currency exchange company at 4110 Central Avenue North, Columbia Heights, Minnesota 55422. Minnesota Statute 53A.04(a) states: "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." 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 SLeet, St. Paul, lVlN 55101-2333 Telephone (651) 296-2135 · Fax (651) 296-8591 · TTY/TDD (651) 296-2860 e-mail: financial @ state.mn.us Web Site: www.¢ommerce.state.rrm.us An Equat Opportunity Employer STATE OF MINNESOTA DEPARTMENT OF COMMERCE 133 EAST SEVENTH STREET ST. PAUL. MINNESOTA 55101 (651) 296-6319 CURRENCY EXCHANGE LICENSE APPLICATION LICENSE NUMBER NAIC NUMBER BOND NUMBER (For Department Use Only) PROCESSING DATE INSURANCE COMPANY 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 thi~ 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 ~,,NEW RENEW i""l INDIVIDUAL PROPRIETORSHIP ~I~CORPORATION AMENDED NAME 1:3 LIMITED LIABILITY I~ PARTNERSHIP B. APPLICANT INFORMATION NAME OF CURRENCY EXCHANGE n~t3 ~F C;ORPOI=~,TION OR PARTNERSHIP (s~ ~5 of instru~ons) BUS ES~D~ESS (No. Post Offi~ Boxes) '. JZIP CODE 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, officem, 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 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? El ~ 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 ~'1 ~ 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? ~3 ~ 8. Filed for bankruptcy or protection from creditors or currently have outstanding unsatisfied judgment(s)? ~ ~ 9. Been affiliated with any other currency exchange? ! HEREBY CERTIFY THAT ALL INFORMATION CONTAINED IN THIS APPLICATION AND ANY ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ! CERTIFY THAT THIS DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FROM THE FORM ADOPTED B~THE DF-.~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. 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 ~/aries depending on the amount of the check. 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. All individuals listed above must request that the Bureau of Cdminal Apprehension conduct a background investigation on the form provided. Completed form(s) MUST be submitted with your license application. The work experience covedng ten (10) years pdor to application for each person listed above. INSTRUCTIONS 1. To apply, complete (please type or prfnt 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. Affillstion with 3 Currency Exchanges I, C_m't_' Po. tts,am affiliated with other currency exchanges at the following locations: ...Younge, Pot'ts, Wiezer & Co. Inc.--Owner 7620 Lyndale Ave cb_field, MN 55423 Landmark Financial mPartner 942 Payne Ave. St. Paul, MN 55101 Endeavor FinancialmParmer 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-Notary Public Ports ..~ 1999 FEE SCUEDULE 4110 CENTRAL AVE. NORT~ COLUMBIA I~IGIiTS, M~ COMPED PAYROLL CHECKS 2.5%* HAND~N PAYROLL CHECKS-,, 3%* GOVERNMENT CHECKS UNDER $500 ---2.5% GOVERNMENT C}{ECKS OVER $500 3%* TRAVELERS CHECKS INSURANCE CHECKS- : ...... .... 3%* ~-4%* MONEY ORDERS WITHOUT RECEIPT --8%* PERSONAL CHECKS 15% *THERE IS A .50 SURCHARGE ON EVERY CHECK OF $100 OR MORE. List of Owners Curt R. Pot'ts- 12-31-69--Owner 8135 Foxberry Bay Savage, MN 5537S 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 Licens~r.~(;~hapter 53A) ,, (Pdnt Name) , date of birth !..~-'3/'~ t~ , 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 Signature and Title Date CURRENCY EXCHANGE APPLICANT This form must be completed by the Minnesota Department of Public Safety, Cdrninal Apprehension PRIOR TO submission to the Department of Commerce. There is an $8.00 fee for each background check which should accompany this form. Make check payable to the Department of Public Safety. NOTE TO BUREAU OF CRIMINAL APPREHENSION: Please enclose completed background investigation in a sealed envelope along with this letter. STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 55104 - 4197 (651) 642-0670 TTY (651) 282-6555 Date: 040899 Name: POTTS, CURT RAYMOND D~B: 123169 SEQ #: 1064 This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this search indicates that no record was found based on the above search criteria. This does not preclude the possible existence of additional 'information located at county or city levels. If you have questions about this record please contact the telephone number above. STATE OF_ ) ) S~. ACI(NO%%'~,~NT OF PRINCIPAL COUNTY OF _ ) ""'". ;,?~ ~:k~,~"~,~%~ ~ ih;~ ~ was ~ ~ ~ m, Jt'mtm~ ~uu~n ,;~,-,~ined. · TATE OF MINNESOTA ) ) u. ACKNOWLEDGMENT OF SURETY COUNTY OF ~M'~'~T~T ) APRIL . 1~ 9 . ~w'e ~ ~l,/almpea~ O. ~m,, 7TH ~lny RTATV. 01' STATE OF MINNF.8~:)?A BOND NUMBER: RED1036176 CURRENCy EXCHANG~ ,~4JRETY BOND KNOWALJ. ~ERSON$ BY THESE PRESENTS: Th~. ¥OUNGE, POTTS, WIEZER & CO., INC. · ,, CHECK CASHING~ A MINNES,OTA COP. PORATION w~hbu~mse~k:~ 4110 CENT ~RAL AVENUE, COLUMBIA HEIGHTS, MINNESOTA.. 55421 (~-~ Ad,;,.aa, City. ~.;,, Zip) ~ PRINCIPAL and REDLAND TNSUP~/q(:E C01~.~ s corl~ ~ orgeni~ under the ~ of ~ Seete of_ IOWA ~1 ~h ~ ~ ~ Mim~ ~, ~ ~.~ m ff~ P~ ~.11 ~ MI~ ~, ~n ~02 ~ ~ a ~ ~. ~ ~~ ~ C~, as ~ ~. in i m ~ ~ I~ ~i~, a ~ ~ ~n ~ ~. · ~sn~~~ ~ 1, APRIL 1999 _KEDI,AND IMSURANCE COMPANY THOMAS H. FAIRF1 YOUNGE, ~OTTS, WIEZER & CO., INC. FOR, OFFICE U~ ONLY SIGNATURE DATE (OVER) Thomas H. Faidi~td'Mtchael D. Williams'WilUam I. Nemec'Lam-ie A. R~e~,ye~Barbem N. Fairfi~d of MinnHpolis, MN its t~ue and lawful Attorney-in-Fact, to make, er~-ut~ and deliver on its ~ Surety bonds, und~rtak~ and otl~r instnanen~s of kl~ written instnunents in an amount not to exceed $2,000,000 ~ Power o~' Aito~ney ie 81'anted and ~,~led u~ader and by the auttloetty o~ ~ of the Company on the 18th day of October, l~gg. ~R. ESOLVED, that the ChaLtman of the Board, the President, an Executive Vice President emr~the~te ..~,,_au~t~,.ti~.e~. to execute Powe~ of Attorney m,.nr~., the Attorne ...... V. ice President be, and that each ex___~I~__T,H£R RES. O_LVED, _t~at an A.~istant Sec:retatv be, and that ea e~uuon or any such rower o[ Attorney and t-, ~*0--~',£-' - .... '"-' -~ WY or m~.. hereby is, authorized to attest the 2, ~ -,,~,.~ mere~o r, lle Seal Ot ~ t. Ol~pally. ^ ?mpany ma.y._be a~. xed to signature~otf-acsJmiJeseaJsh:Jllbe~..a: ........... Y er.or/~.rlomeyorcettifl~-..,tebe~.in su 'facsimile $ ttuments of similar nature to which ir ,~ attached." w~th respect to any bond, IN WrrNESS WHI/I~OE RI/DLAND INST. JI~NCE COMPANY has caused its offidai presents to be sis;ned by its Pres/dent th/s 18th day of October, 1~3. KEDLAND INSURANCE COMPANY JOHN P. NELSON Pre,dent PETER A. KNOLLA Secretary STATE OF IOWA } ] s.s.: CouP, cfi Bluffs COUNTY OF POTTAWA~AMIE } ~ . . Y . ~.m .Premdent of REDLAND INSURANCE CO~O- ~;J ........ wn, . ho.being b.y me duly sworn, did a~oo.v.e, mstrumen!; that he Imows the weal of the ' . , ....... me ~orpotau. on d..e~, bed in aha which executed ~,r~ - ~-~u mar ne mgnecl h/s name thereto by like order ' NOTARY PUBLIC My Commim/on £xpir~ March 1~, ~96 Signed a~d ~ealed at the City °t: C°undl Blufirs, in the Slate of Iowa, dated tbe 7TH dayof APRIL ,1999 ROGER D. STORDAHL o, A ....... . ~ a. lul. tT HAND CORNER. THE B ' o~uu~u wrl-tt a ~ SERIAL NUM , { · ACK OF TI'IlS DOCUMENT C BLR IN THE UPPER · .... 4 * YOU HAVE ,LNY OUE_~"rln~ac t',n~u,-. ............ ONT~dNS AN AR'rlFILU. AL WATERMARK-HOLD ,%r A~ ,~rr 'rn wrw tr ~ ':..-., · -,. ............ -,~.,..,,o IHE AUTHENTICrr'Y OF .................. ' ~" J?-..,~ a':: [._SUniCE co~PAm Ar C/0,00U) s'r^~ SOUSE SO~.r_ .n -L~ O.OCU~Em YOU A.E ~aE~ TO cot, trAct P.~t.~D ' '2.; -.~, J ~ ,,.Ii ;; POWER OF ATTO RNEY CUSTO DiAN AT I .~0.394. ,.,~06. ...... uu~ "-~1496, HARTFORD, CON NECTiCUT u~6123.1496 OR C~LLL OUR ' ,, .~ ,~.~.~-~ · ~ ............. ~_.,_.~_~ .~ , 1~ - Work Experience for past 10 Ye~r~ I, Curt Ports have worked for Landmark F/nancial s/nce May 1992. Prev/ous to that I attended college at Oral Roberts Un/versity from August 1988 through May 1992.  STATE OF MINNESOTA SECRETARY'OF STATE ARTICLES OF INCORPORATION. Business and Nonprofit Corporations ~ ·, ~./_., JAN 0 8 l.Og~ TO -~O~=,DIT; TIlE RE'PJlcUN OF YOUR DCCUM~iTE -PLEASE SUBMrF A ~rAMPED. $ELF.~DCRE~J~,Elqe~E~E. ~ ~ccr;orat~on to fc~m a (mark ONLY one}: .: · R~C~ i ~E : The ~me of ~ ~~ ~: STATE OF MINN~TA ~Ai~T~4E~I' .J The .,t,;istemcl ege~ e~ I/~ mbev'e e, clclmss is: State Z;~ ~. o-'° ' E~gt';at~.: ' .. "' ..... ":,X~T OF $~ATE I her.~by c-~r:i~ that this is a true oncJ:c"o'mt:n~'e copy of the ~?e:;~2.-,' c~s 1:iI~...~£ record in ~,~,~e of Minneso~,e SECRETARY OF STATE ¢~RTIFICATE OF INCORPORATION I, Joan A~de=lon Gr~e, Secretary of S=a=e of duly signed and aokn~wladged under oa=h, have ~en f!l~ ~n inco~ora=ion of =he foll~ing co.ora=ion, under ama In This cor~ra=ion is now legally organized laws of Minneso=a. Corp~ra=e Name: Younge, Po==a, Wiaze= & Company Inc. co~-~ora=e Chax~cer Number: 9Y-943 Chap=er Fo~'med U~er: ~02A This cer=Ifica=a b been issued on 01/08/1998. Secretary o! State. ~.'41NNESOTA SECRETARY OF STAFE Read the directions on reverse side before completing. CERTIFICATE OF ASSUMED NAME ,FII.£D * HI~iNE$0IA 333SECRETAR Y OF $'I'A? E Statutes Minnesota Chapter 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 the'true owner of a business. PLEASETYPE OR PRINT LEGIBLY IN BLACK INK 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. 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 ndr. i Street , .- . . _ City State Z/p ! certify that I am authorized to sign this certificate and I further certify that I understand that by signing this certificate, i am subject to the penalties of perjury as set forth in Minnesota oath.  ~tutes Sig~ture ((~iLY one Contact Person Date section 09.48 as if I had signed this certificate under person listed in #3 is required to sign.) Daytime Phone Number 05920807 Rev. 11/98 O13115 CHAPTER 53A EXCHANGES 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 goveming 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 no~ce 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 hearing 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 heating. The applicant shall have no right to the hearing provided for in this section if the denial is based upon the governing body's refusal to concur but shall have a headng 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 goveming body. A MINI HIIto~, bin 5~42'1" .DUSTRIAL BLVD. . . i~l~rty wilt be- :'bi~; mile. Ix~i~ & tt~m~, ' ~ No~lM.l~ .... City of iai Storage, t'Miat 'Btomge~ 535G..I~I.E.: a Ilolmm ~ca- ],'It ~10.'00 A.M. fo~ -lggg, -* 10':00 NE. Hill; MN 551 ~ Wl~ I.~ of I~ll~ing ,Ill MN. -- ~ '55444' ~ ~I~ION-~ ......... . ....:; ~- ~ ~:~ .~:~, :.- .~=. ~... . .: . pl~oni ire ivailable upon ...:?.-:: . . - . . .,, ~. ~~ ...:. ........ . _ ~18 ~r, ~ ~ a ~ ._~_: :~~, MN ~18 ':~L. ~ :'~ ~ ~ ~D~a2-2~ for 3~ Unitl zohing,~ally ~.?: -.~' ~2~~~ ..-, - .~'.(May 6: 19~)~OMu~bia Heights, ~ T 1, Block 1-, Melody ..=~': :":' - ' ~x, ~m, ~ ~, '..:.. .~'.. . .... , ............. rllly'.loclted.~t .7411 ". · ' '~3) .._~:.~.~,.._~; .... ' ~. ~~er.. ~ pllce.: ~y qul~tio~l' · -=' .(~r, ~, ~, ~, . . "~~, ~ ..... -. :~'~nt ~ ~t~t 14 (F~ley ~em .may ~ mf~d to ..- :. -~.. ~, ~ ~, 2 '~ ~) . ~ning. O~[Oiqator a~' '~...: r.'-- ~; ~ ~, ~1~) " '~' ' ~''' '- ~ .fo~ ~n0ow r~la~ment .M the Fddley ......... · . (~ay ~, 13~ 1999)' Fridl~y, Blaine,' - .- e::. -: ~,~. . -.,~-:~ .----~: .':...-- .. . ' ~ ~ ~n~ ~ -~ ~1. T~ S~ ~ . . C~ia Height~, Hilltop, Spdng ~ ~ ~ ~ ~ ~ ~ M ~ ~or of '- "- "' ' I~~,~:N.E. - ~~ ..:,_...=...:..:... Maintenance, 6000 West Moore Lake ~ I~mter or m~r ~ ~,MN W- ~.: ~, F~y, ~ ~ !or m<~ the t~41. i! ~ oontlct Ly~lon rd SDecifications for attention of t)~lclem is Mmme~l ancl are avm~ Anoka County ~ '- 111l CULVERT ~3NAL ANOKA COUNTY, MINNESOTA S~ale~ bi~ Dmpotal~ will be mc~v~l unt# 10.-00 a.m. on Tue~lay,'Ju~ 1, lg99, County Bard of Commil~iontrs, for tl~ pmvi~ion of Anoka CaunW's 710 of the Anoka County Government Center, 2100 Third Avenue in Anoka. Minneso~, imme4iatMy alter the hour lit for ~ng the governed I~y the agB8 Minnesota DeDar~ment of transportation Standard ~j~;~MtionlJ tot H~w~y ~tr, J~'~o~ ox~f al Illt~ in tf~ propolal Tho atten- tion of l~lclere is ~irected to S~ecific~t~n No. 1801 oovenng sul~ening or Wn~r~ . I~1 bi4 forms are avai~b~ from Duane :- 10~ng at the M~av~ a~lr~ -- . A olshier's check, cartified chec'k or · ~cceDtahle BidOer'$ 8end payat~le to INDI~ENDENT SOHOOL DISTRICT 14 in ,. en Imount equ~l to five pemem (5%) of .~M~ am to !~ ~ ~ a~lre~ed to I~.NDENT SCHOOl. DISTRICT 14, 'lb ova address, and clearly marked Willow Flaplec~m~nt - F~idlay Middle To be considered. III bids must '~m~lM~l no lat, r tt~n 1:30 p.m. on May 11, 1~ at th~ a~ov~ address. Bicis w~! be o~ln~l an4 rea~ Ileal in the District ~ Ronm. The School Board ~f INDEPENDENT ~ DI~I~ 14 ~ t~ ~ht W~or~~~M ~Y ~t ~ ~t~ ~ F~y P~ ~ls G~ Ros~l~ (A~ril 29, May 6, 19g~ ~ridley, CITY COUlqCIL I~-TTER Meeting of: May 24, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CiTY MANAGER' S NO: CITY NLANAGER ' S APPROVAL ITEM: ESTABLISH NEW SALARY R3~NGE FOR POLICE BY: LINDA L. MAGEE/~ BY: CAPTAIN DATE: 5-10-99 NO: At the r.equest 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 O!son. 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,!33 $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,,/,/,)ff/~ BY: FOR 1999 JAMBOREE FIREWORKS DATE: May 11, 1999~'J~'' NO: BACKGROUND: Staffreceived 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 fn'eworks 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 fireworks display, one from RES and the other from Mekose Pyrotechnics. After reviewing the bids at their April 28, 1999 meeting, the Park and Recreation Commissiol ~ voted to approve the bid received from Melrose Pyrotechnics. RECOMM] *,NDED MOTION: Move to award the bid for the 1999 £treworks 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: LAND LEASE This Land Lease made this daF' of , ! 999, by mad between the City of Colmnbia Heights, a body corporate and politic, hereinafter designated and referred to Landlord, and Southern Anoka County Community Assistance, Inc., a Minnesota non-profit corporation, hereinat~er designated and referred to as Tenant. WITNESSETH: That said Landlord in consideration of the rents and covenants hereinat/er menlioned, to be paid and performed by said Tenant, does hereby demise, lease and let unto the said Tenant, and the said Tenant hereby hire m~d take from the said Landlord, the following described land situate in the City of Cotumbia Heights, Count)' of Anoka. State of Minnesota, to- wit: To have and to hold the above premises without any liability or obligation on the part of said Landlord of making any alterations, improvements or repairs of any kind on or about sa~d premises, tbr the term of thirty 1,30) ~ears from m~d after the day of , t999, to the day of ., 2029, both dates inch,sive, for the following purposes and for no other purposes, to-wit: for the operation ora food shelf and related community assisIance. Said operation will include the construction of a new building on said property, which building shall be constructed at the sole expense of Tenant and which ownership shall remain with Tenant and surx ire the expiration or termination of this Lease. And said Tenant agrees to and with said Landlord to pa)' the Landlord as rent for the abox-e mentioned land the sum of One Dollar ($1.00), payable in advance on ~he first day of each mid every year for and during the full term of this Lease, at the office of the Finance Director the City of Colmnbia Heights. 1. Lswful Use. That said Tenant also covenants and agrees with the Lm~dlord as tbllows: that it wilt not use said premises or permit the same or any part thereof to be used tbr an)' purpose contraD' to the laws, ordinances or regulations of the United States of America, or the State of Minnesota, or the City of Cotmnbia Heights. 2. Utilities. Tenant further covenants and agrees ~o promptly pay all rates, costs and charges for the water, gas and electric utilities. 3, Liability, The Tenant fi~rfl~er agrees that the Landlord shall not be liable for m~y damage, either to person or persons or property or the loss of property sustained by the Tenant, or by any other person or persons due to any act or neglect of the Tenant, or any Tenant or occupant o f sald building, or of any other person, persons or corporations. 4. Hold Harmless/Indemnification. 'l'hat Tenant assumes all liability and obligation ibr all dmuages on account of fl~e matters and things above referred to, and agrees to save the Landlord harmless thereon and therefrom, and to indemniS' the Landlord on account thereof. 5. Notice, Any notice from the l,andlord to the Tenant, relating to tl~e demised premises or the occupancy thereo£ shall be deemed duly served if left at the demised premises addressed to lhe '1 enanl. 6. Assignment and Subletting. Tenant may not assign this Lease, lease the premises to anyone else (sublet), sell this Lease or permit an)' other person to use the premises without the prior v,~'itten consent of the Landlord. If Tenant does any of these things, Landlord may terminate this Lea.ge. Any assignment or sublease made without Landlord's wrinen consem will not be effective. Tenant must get Landlord's pem~ission each time Tenant wants to assign or sublet. Landlord's permission is good only for that specific assignment or sublease. 7. Mutual P~rking Agreement. As a term and condition of this Lease, Tenant agrees to allow Landlord to mutuaIly use thc off-street parking spaces located on the demised premises. 8. Expiration of Lease Term. At the expiration of the lease term as previously set forth herein, Landlord shall have the lbllox~ing options as regards the :l'enant improvements made upon the property (i.e. building): (1) extend this Lease for a term to be determined by mutual agreement of the parties; (2) purchase said Tenant improvementa for ~he fair market value then established by mutual appraisal or such other muount as mutually agreed to between the parties: or (3) sell said denfised premises to '1 enmn for the fair market value the5' established by mutual appraisal, or such other amount as mutually agreed to between the pm'ties. 9. Default. If Tenant violates any agreement of this Lease, Landlord shall noti~' Tenant in writing of said violation. Tenant shall thereafter have a reasonable period of time to cure said violation. Iftenam does not do so, Landlord sMll have the right to accelerate the expiration of this Lease term and exercise its rights set forth in paragraph 8 herein. In no event shall Landlord have the right to terminate this Lease except by exercising one of the options set forth in said paragraph 8 LANDLORD: TENANT: 5. ~,1999 15:45 S'fATE Ot' MINNL$O'I A) )ss COUNTY OF ANOKA ) The tbregoing instrument was acknowledged before me this __ , I999, by da), of Notary Public STATE OF MINNESOTA) )ss COUNYY OF ANOKA ) The foregoing instrument was acknowledged before me this __ , I999, by da.,,' of Not. aC; Public STATE OF MINNESOTA) )88 COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ,1999, by da.,,' of Notary Public 5203 May.17. ]999 12'17PM No.1087 P. 2 ~--,fJ/~ LA~D ! .Y ASE This Land Lease made this ~ day of ,1999, by and betw~n the City of Columbia Heights, a public body corporate and politic, hereinafter designated and gferred to as Landlord, and Southern Anoka County Community Assistance, Inc., a Minnesota non-profit corporation, hereinafter designated and referred to as Tenant. WITNESSETH: That said Landlord in consideration of the rents and covenants hereinafter mentioned, to bo paid and performed by saki Tenant, docs heraby Ica.sc and let unto the said Tenant, and thc said T~t hereby hire and take from thc said Landlord, the following described land situate in the City of Columbia Heights, County of Anoka, State of Minn~ota, to- wit: Lots 40, 4 I, 42 and 43 including half th~ vacated alley lying adjacent thereto, Block 84, Columbia Heights Annex to Minneapolis, Alloka Cotirlty, Minnesota. To have and to hem the above premises without any liability or obligation on the part of. said Landlord of making any alterations, improvcwnents or repairs of any kind on or about said premises, except as provided in paragraph __ hertin for the terra of thirty (30) years from and after the day of ,1999, to the day of ,, ,2029, both dates inclusive, for the following purposes and for no othcr purposes, to-wit: for the operation of a food shelf and r~latcd community assistance. Said otgration will include thc construction of a n~w building on said property, which building shall be constructed at the sole expense of Tenant and which ownership shall r~main with Tenant and survive the expiration or termination of this Lease, except as provided for in paragraph 8 herein. And said l'enant agrees to and with said Landlord to pay the Landlord as rent for the above mentioned land thc sum of 0ne Dollar ($1.00), payable in advance on the first day of each and every year for and during the full term of this L~ase, at the office of thc Finance Dir~tor for the City of Columbia Heights. That said Tenant also covenants and agrees with the Landlord as follows: 1. Lawful Use. That Tenant will not usc said premises or permit thc same or any part thereof to be used for any purpose contrary to the laws, ordlnnnces or regulations of the United States of America, or the State of Minnesota, or the City of' Columbia Heights. 2. Utilities. Tenant further covenants and agrees to promptly pay all rates, costs and charges for all utilities, including but not limited to sewer, water, gas, electric, cable and garbage. 3. LiabiiRy. Thc Tenant further agrees that the Landlord shall not be liable for any damage, either to person or persons or ~ or the loss of property sustained by the Tenant, or by any other person or persons duc to any act or neglect of the Tenant, or any Tenant or occupant of said building, or of any other person, persons or corporations. Tenant shall maintain personal injury/liability insurance on said property at all times during the term of this Lease, with said May. J7. ]999 12:]SPM No.]087 P. 3 insurance ~o provide a minimum coverage as set forth in Minnesota Statute § hereinafter amended from time to time. 4. Hold ]~fle~fmdenm.__ i~eatlou. That Tenant assumes all liability and obligation for all damages on account of thc matters and things above referred to, and agrees to save the Landlord harmless tlm~n and therefrom, and to indemnify the Landlord on account thereof. 5. Notice. Any notice from the Landlord to the Tenant, relating to sa~d premi~ or the occupancy thereof, shall be served in a manner consist~t with service ofproee~ as set forth in the Minnesota District Court Rules of Civil Procedure. 6. Assignment r, ml Subletting. Tenant may not assign this Lease, lease the premises to auyone else (subleO, sell this Lease or permit any ot~ person to use the pr~misus without the prior written consent of the Landlord. If Tenant does any of ~ese things, Landlord may terminate this Lease. Any assignment or sublease made without Landlord's writtcn consent will not be effective. Tenant must get Landlord's permission each time Tenant wants to assign or sublet. Landlord's permission is good only for that specific assignment or sublease. 7. Sire'Preparation. At the time of execution of this Lease, Landlord has awarded a contract for the demolition of the existing structure on said premises. It is understood and agreed between the parties that Landlord will pay for ,~id demolition pursuant to its comractual obligatior~ Howeve~r, Temmt hereby agrees to reimburse Landlord for Landlo~'s contraeva~ cost o£ demolition, NOT TO EXCEED $5,000.00. Landlord aSrees that subsequent to demolition sa/d premises shall be in such condition as to allow Tenant to begin construct/on of its appro~,'ed structure £oxth'wkh. 8. Expiration of Lmse Term. AI the expiration of the lease term as previously set foxth herein, Landlord shall have the following options as regards the Tenant improvements made upon the property (i.e. buiJdln~): (1) extend this Lease for a term to be determined by mutual agreement of the parties; (2) purcha~ said Tenant improvements for the fair market value thell established by mutual appraisal or such other amount as mutually agreed to between the parties; or (3) sell said demised premises to Tenant for the fair market value they established by. mutual appraisal, or such other amount as mutually agreed to between the parties. 9. Prolm~ Maint~m-e, Tenmzt agrees that during the term of this Lease, it shah be solely responsible for the moJntenance and general upkeep of ~aid p~Sses, 10. D~faul~. If Tenant violates any agreement of this Lease, Landlord shall notify Tenant in writinE Of said violatiolL Tenant shall thereaRer have a reasonable period of time t~ cur~ said violation. If tenant does not do so, Landlord shall have the right to accelerate the expiration of this Lease term and exercise its rights set forth in paragraph 8 hereim In no event shall Landlord have the right to terminate this Lease except by exercising one of thc options set forth in said p~h 8. 2 May.17. ]999 1Z:lSPM No.1087 P. 4 LANDLORD: T~NANT: STATE OF MINNESOTA) )SS COLrNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ...... , i99~, ~y ....... day of Notary Public STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ,1999, by ....... dayof Notary Public STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this : 1999, by day of 3 M~y. I7. 1999 12'19PM DOCUMENT DKAi~TED BY: No.]087 P. 5 , 4 LAND LEASE This Lm~d Lease made this ~ day of ,1999, by mad between the City of Colmnbia Heights, a body corporate and politic, hereinafter designated and referred to Landlord, and Southern Anoka County Community Assistance, Inc., a Minnesota non-profit corporation, hereinafter designated and referred to as Tenant. WITNESSETH: That said Landlord in consideration of the rents and covenants hereinatler mentioned, to be paid and performed by said Tenant, does hereby demise, lease and let unto the said Tenant, and the said Tenant hereby hire and take from the said Landlord, the following described land situate in the City of Columbia Heights, County of Anoka, State of Minnesota, to- wit: To have and to hold the above premises without any liability or obligation on the part of said Landlord of making m~y alterations, improvements or repairs of any kind on or about said premises, tbr the term of thirty (30) years from m~d after the day of , t999, to the day ct' ., 2029, both dates inclusive, for the following purposes and for no other purposes, to-wit: for the operation of a food shelf and related commullity assistance. Said operation will include the construction of a new building on said property, which building shall be constructed at the sole expense of Tenant and which ownership shall remain with Tenant and survive the expiration or termination of this Lease. And said Tenant agrees to and with said Landlord to pay the Landlord as rent for the above mentioned land the sum of One Dollar ($I ,00), payable in advance on ~he first day of each m~d every year for and during the full term of this Lease, at the office ol'the Finance Director tbr the City of Columbia Heights. 1. Lawful Use. That said Tenant also covenants and agrees with the Landlord as lbllows: that it wilt not use said premises or permit the same or any part thereof to be used lbr any purpose contrary to the laws, ordinances or regulations of the United States of America, or the State of Minnesota, or the City of Cotmnbia Heights, 2. Utilities. Tenant further covcnm~ts and agrees to promptly pay all rates, costs and charges for the water, gas and electric utilities. 3. LiabtllW. The Tenant flmher agrees that the Landlord shall not be liable for m~y damage, either to person or persons or property or the loss of property sustained by the Tenant, or by any other person or persons due to any act or neglect of the Tenant, or any Tenmu or occupant ot' said building, or of any other person, persons or corporations. ~ 4. Hold Harmlessllndemuilqcation. That Ienant assumes all liability and obligation lbr all dmnages on account of the matters and things above referred to, and agrees to save the Landlord harmless thereon and therefrom, and to indemnlfy the Landlord on account thereof. 5. Notice, Any notice from the Landlord to the Tenant, relating to the demised premises or the occupancy thereof, shall be deemed duly served if left at the demised premises addressed to the '1 chant. 6. Assignment and Subletting. Tenant may not assign this Lease, lease the premises to anyone else (sublet), sell this Lease or permit any other person to use the premises without the prior written consent of the Landlord. If Tenant does any of these things, Landlord may terminate this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. Tenant must get Landlord's pemaission each time Tenant wants to assign or sublet. Lmadlord's permission is good only for that specific assignment or sublease. 7. Mutual Parking Agreement. As a term and condition ofthis Lease, Tenant agrees to allow Landlord to mutually use the off-street parking spaces located on the demised premises. 8. Expiration of Lease Term. At the expiration of the lease term as previously set forth herein, Landlord shall have the tbllowing options as regards the Tenant improvements made upon the property (i.e. building): ( 1 ) extend this Lease for a term to be determined by mutual agreement of the parties; (2) purchase said Tenant improvements for the fair market value then established by mutual appraisal or such other m~ount as mutually agreed to between the parties; or (3) sell said demised premises to 'lenm~t for the fair market value thcs, established by mutual appraisal, or such other amount as mutually agreed to between the parties. Default. If Tenant violates any agreement of this Lease, Landlord shall notify Tenant in writing of said violation. Tenant shall thereafter have a reasonable period of time to cure said violation. If tenant does not do so, Landlord slm}l have the right to accelerate the expiration of this Lease term and exercise its rights set forth in paragraph 8 herein. In no event shall Landlord have the right to terminate this Lease except by exercising one of the options set forth in said paragraph 8. LANDLORD: TENANT: 2 FPOH 5, 6, 1999 I~:45 P, 4 STATE OF MINNE$O'IA) )ss COUNTY OF ANOKA ) The ibregoing instrument was acknowledged before me this __ ., 1999, by day of Notary Public STATE OF MINNESOTA) )ss COUNYY OF ANOKA ) The foregoing instrument was acknowledged before me this __ , I999, by day of Notary Public STATE OF MINNESOTA) )ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this , t999, by day of Notary Public 52035_I CITY OF COLUMBIA HEIGHTS Work Session of: May 17, 1999 'AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: Community Development APPROVAL ITEM: SACA Land Lease, Site Plan, Re- BY: Kenneth R. Anderson //"~¥ BY: Zoning DATE: May 12, 1999 ISSUE STATEMENT: SACA is seeking City Council approval of a Land Lease to allow construction of a new building of approximately 6,825 square feet on the site of the current SACA building at 627 38t~ Avenue NE. BACKGROUND: SACA has submitted and received approval of the Planning and Zoning Commission for the site plan shown in Exhibit A to construct a 6,825 square foot facility at the site of the existing SACA building at 627 38t~ Avenue NE. The site plan approval was conditioned upon meeting seven conditions which are attached in Exhibit B as described in the letter to the 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 of R-3, Multiple Family Residential. We have attached as Exhibit C the Staff Report prepared for the Planning and Zoning Commission at their meeting held May 4, 1999. Finally, you will also fred attached a Revised Site Plan shown in Exhibit D which shifts the building on the site and reduces the overall size of the building. The City Attorney will make a copy of the Land Lease available on Monday. ANALYSIS: Upon staff review of the approved site plan as part of the preparation of the 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 Garage 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 eliminating 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 Land Lease would allow shared use of the parking spaces to be located on the SACA site. 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. The Land Lease document also did not include required provisions or responsibilities for property maintenance and insurance and responsibility for payment of demolition costs and storm sewer improvement costs that may have been needed. Based upon these concerns, staff worked 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 Garage 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 38th 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 egress/ingress for Public Works and SACA. It was also determined to be advisable to consider a re-zoning of this property. The property is currently owned by the City of Columbia Heights and should correspond in use and zoning to the existing Municipal Service Garage which is zoned industrial district. Staff is recommending that the City Council consider and initiate the re-zoning of this 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. 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. The site plan shows the legal description for the SACA property encroaching over and encompassing all of the west parking spaces for the Municipal Service Garage use. The City Attorney is preparing a document that will grant the City use of these parking spaces in perpetuity whether or not SACA continues to operate fi:om this site at some point in the future. Recommendation: Based upon all these issues, staff is comfortable recommending the following: 2. 3. 4. Re-zoning the subject parcel from R-3, Multiple Family District to I, Industrial District. Approving the revised Land Lease Agreement between the City of Columbia Heights and SACA (to be forwarded to staff by the City Attorney on 5/17/99). Recommending that the Planning and Zoning Commission reconsider the previous site plan approval to the revised site plan shown on Exhibit D. City Council approval of an agreement granting use of the existing parking spaces for City use. RECOMMENDED MOTION: Move to direct staff to 1) initiate the re-zoning of property at 627 38~ 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 subject to approval of the re-zoning to I, Industrial, 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 necessary documentation to implement this change. Attachments: COUNCIL ACTION: H:~ltr5-17-88saca IL r CITY OF COLUMBIA HEIGHTS sgo 40TN AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782.-2800 TDD 782-2806 May 6, 1999 COMMUNITY DEVELOPMENT DEPARTMENT Gary L. Pcterson Councilmembers Donald G. ,Jolly Marlain¢ Szumk Suli~.-nn¢ Wyckoff John Hunter City Manager Waltm' R. Fchst JeffHensel Greystone Construction Company 1221 East Fourth Averme, Suite 110 Shakopee, MN 55379 Re: Planning and Zoning Commission action on your request for site plan approval Dear Jeff: 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 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 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. Ail 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~ THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES Case: 9904-14 Page: 6 ATTACHMENT TO CASE 9904-14 Date: May 4, 1999 To: Planning and Zoning Commission From: Joe Hollman, City Planner Re: Revised Site Plan for SACA Food Shelf In response to the concerns and issues raised by staff regarding the proposed site plan for SACA Food Shelf at 627 38t~ 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 eight-stall parking area to provide for snow storage. This space has been provided, but note that the parking spaces in this area has 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 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. 5. The Zoning Ordinance requires that solid waste material shall be so located and fenced as to be removed fi:om 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 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 is being proposed to protect the parking space from the enclosure door. 6. 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. 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 of a new building for SACA at 627 38m 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 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. Ail proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. Case: 9904-14 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR T1TE ~'VIAY 4, 1999 PUBLIC HEARING TABLED FROM THE APRIL 6, 1999 PUBLIC HEARING Case #: 9904-14 GENERAL INFORMATION Owner: Address: Phone: City of Columbia Heights 590 40t~ Avenue NE Columbia Heights, ]bin Parcel Address: 627 38th Avenue NE Applicant: SACA 627 38th Avenue NE Columbia Heights, MN (612) 789-2444 Zoning: R-3, Multiple Family Residential Comprehensive Plan: LDR - Low Density Residential Surrounding Zoning and Land Uses: Zoning North: 1-2 South: R-3 East: I West: R-2 Land Use North: Industrial South: Residential East: Municipal Service Center West: Residential BACKGROUND Explanation of Request: This is a request for site plan approval to construct a new building for SACA food shelf. The proposed building is roughly 65 x 105 (6,825 square feet). Case [fisto~_ : 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 offby the curb. The applicant presented a revised site plan at the April 6 meeting. The request was tabled until the May 4 meeting so staffwould have an oppommity to review the revised site plan. There are no previous Planning and Zoning Commission cases on this site. Note that Columbia Heights is the fee-title owner of the property. SACA representatives are currently working with the City on a long-term lease for the use of the property. Case: 9904-14 Page: 2 ANALYSIS Surrounding Property: The property to the north is zoned I-2, Heavy Industry, and is used industrially. The adjacent properW to the east is zoned I, Industry, and is used as the Municipal Service Center. The surrounding properW to the south and west is used residentially, and is zoned P,.-3, Multiple Family Residential, and P,.-2, Single and Two Family Residential, respectively. The subject property is currently used by SACA. Technical Review: According to Section 9.109(1)(d) of the Columbia Heights Zoning Ordinance "YMCA and similar non-profit organizations" are considered permitted uses in the R-3 District. SACA is not necessarily similar to a YMCA, but it is a non-profit organization. Considering that SACA will have less ora land use impact than a YMCA, it is staff's interpretation that use of the property by SACA meets the intent of this section of the Ordinance and is a permitted use. The proposal meets or exceeds the minimum yard and density requirements of the Zoning Ordinance. Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 70 feet - subject parcel meets this requirement; · Minimum Lot Area shall be at least 10,000 square feet - subject parcel meets this requirement; · Front Yard Setback shall be 30 feet - the proposed building will be 30 feet back from the front property line which is along Madison Place; · Side yard shall be 1/4 the height of the building or 10 feet, whichever is greater - the proposed building will be 10 feet from the north side yard and 20 feet from the side yard adjacent to 38th Avenue which meets requirements; and, Rear yard shall be ½ the height of the building or 20 feet, whichever is greater - the proposed building is 56 feet from the rear property line. Parking requirements are based on the use of the structure. 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 of floor area. The total number of off-street parking spaces proposed is 8 including 1 van- accessible handicap space which meets requirements. The Zoning Ordinance requires that all open off-street parking areas shall provide a bumper curb of 5-7 inches high around the perimeter of the parking area and a curb of no less than 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 6 feet wide. The revised site plan indicates that the driveway opening off38th Avenue NE will be roughly 130 feet back from the curb line intersection of Madison Place and 38~ 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 Case: 9904-14 Page: 3 the property to be used by SACA. Staffhas some concerns regarding the proposed layout. 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). 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. 3. 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. 4. 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 will also need to be appropriately signed. 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 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 ifa 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. 6. 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. Should the changes listed above be made to the site plan, the parking layout can be described as follows. 'There will still be 8 spaces facing the proposed SACA building. There will be 6 spaces facing north, with a narrow median separating the two-stall area from the four-stall area. There will be 3 parallel parking spaces along the west side of the Public Works building. There will be a total of 17 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. 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. 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 loading berth near the northeast comer 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 can not exceed 3 foot candies at the property line. Case: 9904-14 Page: 4 At this point, staff has not seen any plans for signage. Note that institutional uses in the R-3 District are allowed one sign not to exceed 32 square feet in area with an 8 foot above grade maximum height. Any free-standing signs will need to meet the front yard setback requirement. Another concern regarding this proposal is the structure's appearance in a residential district. The building will be a combination ofprefinished 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 38~ 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. 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 38t~ 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. According to the Fire Department and the City Building Official (see attached comments), due to the high quantifies 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. SACA is concerned about this recommendation due to the cost of sprinklering the building. Considering that 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. 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 exterior siding can not be white. Compliance with Ci~_ Comprehensive Plan: The City Comprehensive Plan designates this area for future low density residential development. One of the recommended changes to the Zoning Ordinance in the 1992 Comprehensive Plan states that the section in the R-3 District under permitted principal uses listing YMCA and similar non-profit organizations should be deleted. This amendment was never made. Note that the Zoning Ordinance is the legal document which regulates use of land in Columbia Heights. As a result the use of the property by SACA is permitted, but it does not comply with the 1992 Comprehensive Plan. Ca.so: 9904-14 Page: 5 Summary: The positive aspects of this proposal are as follows: 1. The proposal meets the minimum requirements of the Zoning Ordinance. 2. The proposed layout of the site is designed in a manner that will help minimize any potentially negative aesthetic impacts that the building may have on surrounding residential areas. The negative aspects of this proposal are as follows: 1. The proposal does not comply with the 1992 Comprehensive Plan. CONCLUSION Sta__ff Recommendation: Staffrecommends approval of the site plan to allow the construction of a 6,825 square foot building at 627 38t~ Avenue NE subject to the conditions listed in the recommended motion. Recommended Motion: Move to approve the site plan to allow the construction of a new building for SACA at 627 38m 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 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. A median shall be installed to extend to the south along the easterly edge of the two-stall space adjacent to the four-stall area. 5. A width of green space between the proposed SACA building and the eight-stall parking area shall be provided for snow storage. 6. ' A landscaping plan for the replacement of existing trees on the site shall be submitted to staff for review and approval. 7. The proposed handicap accessible parking space shall be van accessible and shall be appropriately signed and marked. 8. The dumpster enclosure should be repositioned in a manner that maintains a safe distance between the adjacent parking space and the enclosure. 9. The building shall be sprinklered. 10. The exterior siding shall not be white. 11. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. Attachments: · Completed application form; Revised Site Plan; Floor Plan; Elevation Views; Fire Department Comments; and, Public Notice