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HomeMy WebLinkAboutMay 26, 1998 Regular and Executive*****EXECUTIVE SESSION - MAY 26,1998, 6:30 P.M. TO DISCUSS PENDING LITIGATION***** AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - TUESDAY, MAY 26, 1998 7:00 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE 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. 1. CALL TO ORDER/ROLL CALL(CommencementofCablecastingofRegMtg on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the previous portion of agenda, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Approval of minutes of May 11, 1998 Regular Council Meeting 2) Revision to Salary Range for Assistant Finance Director 3) Establish Council Work Session Dates for June 4) 1999-2001 CDBG Programs 5) Payment of Bills 6) Approval of License Applications 5. RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS AND GUESTS none 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) 2na Rdg. Ord. No. 1373 Vacating an Alley 2) Res.No. 98-47 Separation of the US WEST Communications/US WEST Media Group B. Bid Considerations None C. Other Business None 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager B. Report of the Ci_ty Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) May 4, 1998 Traffic Comission 2) May 5, 1998 P & Z 3) May 5, 1998 Library Board 4) April 16, 1998 Charter Commission 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOURNMENT WF/js CiTY OF COLUMBIA HEIGHTS ,590 4OTH AVENUE: N.E., COLUMBIA. HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION NOTICE OF COUNCIL EXECUTIVE SESSION Notice is hereby given that a Council Executive Session will be held. Date of Meeting: Tuesday, May 26, 1998 Time of Meeting: 6:30 P.M. Location: Council Chambers Purpose of Meeting: Discussion of Status of Pending Litigation 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 only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY tN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPOrTUNiTY EMPLOYER ~. Mayor CiTY OF COLUMBIA HEIGHTS Councilrnembers ,,, Donald G. Jolly 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806MarIaine Szurek Gary £. Peterson Robert FA. Ruettimann ADMIIVISTRA TIOPt City Manager Walter R. Fehst MAY 22, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Tuesday, May 26, 1998 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation ~vill 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 only) N. B. THERE IS AN EXECUTIVE SESSION AT 6:30. REFER TO SEPARATE NOTICE. 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A: MOTION: Move to adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes MOTION: Move to approve the minutes of the May 11, 1998 Regular Council Meeting. 2) Revision to Salary_ Range for Assistant Finance Director MOTION: Move to approve the revised 1998 monthly salary range for the position of Assistant Finance Director, effective June 1, 1998, as follows: Entry, $3,802; 6 Months, $3,931; 1 Year, $4,061; 2 Years, $4,190 and 3 Years, $4,320. 3) Establish Council Work Session Dates for June MOTION: Move to establish Wednesday, June 3; 1998 at 7:00 p.m. and Monday, June 15, 1998 at 7:00 p.m. as dates and times for Council work sessions. Page 1 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER COUNCIL MEETING AGENDA MAY 26, 1998 PAGE 2 4) 1999-2001 CDBG Programs Motion to be drafted by EDA Director. 5) Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. 6) Approval of License Applications MOTION: Move to approve the license applications as listed and to approve the rental housing license applications as listed in the two memos dated April 13, 1998 fi:om the Fire Chief. 5. RECOGNITIONS, PRESENTATIONS, PROCLAMATIONS AND GUESTS None 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1373 Being an Ordinance Vacating an Alley MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1373 an ordinance amending Ordinance No. 853, City Code of 1977, vacating a portion of a certain alley. 2) Resolution No. 98-47 Being a Resolution Consenting to the Separation of the US WEST Communications and US WEST Media Group MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-47 being a resolution consenting to the separation of US WEST Communications and US WEST Media Group. B. Bid Considerations None Page 2 COUNCIL MEETING AGENDA MAx/26, 1998 PAGE 3 C. Other Business None 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) May 4, 1998 Traffic Commission 2) May 5, 1998 Planning and Zoning Commission 3) May 5, 1998 Library Board of Trustees 4) April 16, 1998 Charter Commission 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOURNMENT WF/js Page 3 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 11, 1998 1. CALL TO ORDER/ROLL CALL The Council Meeting was called to order by the Mayor. Present were Mayor Smrdevant and Councilmembers Szurek, Ruettimann and Peterson. Councilmember Jolly was absent. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS AND DELETIONS TO MEETING AGENDA There were no additions nor deletions to the meeting agenda. 4. CONSENT AGENDA (Items on the Consent Agenda are considered routine by the City Council and are enacted by one motion. Items removed from the Consent Agenda are taken up as the next order of business) A. Motion by Sturdevant, second by Peterson to adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes The Council approved the minutes of the April 27, 1998 Continued Board of Review and the April 27, 1998 Regular Council Meeting. 2) Authorization to Request Proposals for Recodification of City Code The Council authorized staff to request proposals for the recodification and publication of the City Code. 3) Revision to 1998 Salary_ Range for Assistant Finance Director Motion by Sturdevant, second by Ruettimann to remove this item from the agenda and place it on the agenda for the next Council work session. Roll call: All ayes 4) Exchange of Copy Machine The Council approved of the exchange of the refurbished Sharp SF2035 copier for the newly refurbished Canon 665011 for the Recreation Department at no additional cost to the City. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 2 5) Establish Hearing Date for License Revocation for Rental Properties The Council established the hearing date of June 29, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against properties owned by Lynde Investment Company at the following addresses: 4050 4th Street; 4060 4th Street, 4100 4th Street, 4120 4th Street, 4425 University Avenue, 4433 University Avenue, 4441 University Avenue, 4707 University Avenue, 4715 University Avenue, 5121 University Avenue, 5131 University Avenue and 5141 University Avenue. The Council established the hearing date of June 8, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against property owner Kurt Lowenthal regarding rental property at 1407-09 Circle Terrace. 6) Emergency Repair of Sanitary Sewer at 4120 and 4121 Second Street The Council approved payment to PipeRight Plumbing in the amount of $9,978.22 for the emergency repair of sanitary sewer at 4120 and 4121 Second Street with funds to be appropriated from the Sewer Fund (602-49450-4000). 7) Engineering Copier Replacement The Council awarded the purchase of Xerox 3030 engineering copier from MinnBlue Digital of Mirmeapolis, Minnesota, based on their low quote of $6,579.68 with trade-in on Xerox 2510 ($9,579.68 minus trade-in deduction of $3,000), and authorized the Mayor and City Manager to enter into an agreement for the same. 8) Permits for Jamboree The Council authorized staff to close Jefferson Street from 39th to 40th Avenues from Monday afternoon, June 22, 1998 to Sunday, June 28, 1998. The Council authorized the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 26, 1998 at 6:30 p.m. for the following streets: Central Avenue at 45~h Avenue, South to 40th Avenue, west on 40~h Avenue to 5th Street and 5th Street to Mill Street. The Council authorized fireworks on June 27, 1998 (rain date of October 2, 1998) in conjunction with the Jamboree activities and to appropriate up to $2,000 to be earmarked for fireworks display from Fund 101-45050-4378. 9) Authorization to Advertise for Bids for 1998 Miscellaneous Concrete Proiect The Council authorized staff to advertise for bids for 1998 Miscellaneous Concrete Project. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 3 10) Authorization to Obtain Quotes for Raikoad Concrete Crossing Material The Council authorized staff to obtain quotes for raikoad concrete crossing material. 11) First Reading of Ordinance No. 1373 Being an Ordinance Regarding an Alley Vacation This item was moved to the "Other Business" section of the agenda. 12) Payment of the Bills The Council authorized payment of the bills as listed out of proper funds. 13) Approval of License Applications The Council approved the license applications as listed. Roll call on Consent Agenda: All ayes 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A) Proclamation The Mayor presented a proclamation designating the week of May 18, 1998 as Public Works Week to Kevin Hansen, the Public Works Director. Mr. Hansen invited all present to the City Open House on May 19t~ at the Public Works Building. B) Introduction of New Employee Pat Muscovitz, the newly-hired Community Development Secretary, was introduced by the EDA Director. C) Contributions The family of Merle Glader, a former Columbia Heights Chief of Police, sent a letter to the Police Department which spoke to contributions being made in his memory. The contributions were for expenditures associated with a Police Explorer trip and two scholarships for graduating seniors. 6. PUBLIC HEAR_-qqGS None REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 4 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) .Second Reading of Ordinance No. 1372 Authorizing Conveyance of Certain Real Estate Located at 566 38th Avenue Motion by Ruettimaim, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1372 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,CITY CODE OF 1977 AND ORDINANCE NO. 1294, AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 566 38TH AVENUE NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Construction, Inc., the real property described as follows, to wit: That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the sale and development agreement. Section 3: This ordinance shall be in full force and effect fi.om and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: April27,1998 May 11, 1998 May ll, 1998 Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes 1LEGULAK COUNCIL MEETING MAY 11, 1998 PAGE 5 2) Second Reading and Public Hearing of Ordinance No. 1370 Being an Ordinance Pertaining to the Licensing of Pool/Billiard Halls Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1370 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD HALLS The City of Columbia Heights does ordain: Section 2: Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person: (a) possesses a license issued pursuant to the provisions of this chapter; and (b) is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has at least one use or activity providing any of the following or any combination of any of the following amusements: (a) billiards/pool (not coin operated); (b) snooker (not coin operated); (c) bumper pool (not coin operated); (d) table tennis (not coin operated); (e) less than nine (9) arcade games or devices as defined by 5.41 l(2)(b-e). 5.402(3) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 6 5.4.02(4) 5.4.02(5) 5.402(6) 5.402(7) (a) the nature of other licensed or proposed business or commercial activity; (b) the name and date of birth of the licensee or license applicant for such a business; (c) whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; (d) whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises. Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. No pool hall licensed under this section: (i) shall be located: (a) within three hundred (300) feet of any school building or church, or, Co) if no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church; (ii) Any pool hall or billiards hall operating pursuant to Section 5.402(7)(i)(b) shall prohibit any person not at least 18 years of age fi.om entering the establishment as a patron unless accompanied by a parent or legal guardian. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 7 5.402(8) For any person operating a pool hall or billiards hall pursuant to this section 5.402, a conditional use permit shall be required and issued pursuant to and in accordance with the provisions of Chapter 9.105(5). 5.402(9) The license may be revoked or suspended in accordance with this Chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) (b) (c) (d) (e) Fraud, deception or misrepresentation in connection with the securing of a license; Conduct inimical to the interests of public health, safety and welfare; Conduct involving moral turpitude; Conviction of an offense involving moral turpitude by any court of competent jurisdiction; Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City received five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall; fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. Shall hereafter be amended to read as follows: SECTION 2 POOL/BILLIARD HALLS 5.402(1) No person shall operate or maintain a pool hall or pool table on any p~:emises used for a business or commercial activity unless that person: (a) Possesses a license issued pursuant to the provisions of this chapter; and (b) Is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 8 5.402(2) For any person operating a pool hall or billliards hall pursuant to this section, a Conditional Use Permit shall be required and issued pursuant to and in accordance with the provisions of the Zoning Ordinance. 5.402(3) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity providing any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billliards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defined by 5.411 (2)(b-e). 5. 402(4) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) (b) (c) (d) The nature of other licensed or proposed business or commercial activity; The name and date of birth of the licensee or license applicant for such a business; Whether the licensee or operator of the pool halt or pool tables would have operational control over both business activities; Whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises. 5.402(5) Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. 5.402(6) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. REGULAR COUNCIL MINUTES MAY 11, 1998 PAGE 9 5.402(7) 5.402(8) Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license applications. No pool hall licensed under this section (i) shall be located: (a) Within three hundred (300) feet of any school building or church, or 5.402(9) 5.40200) (b) If no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church. Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person not at least 14 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. Any person not at least 18 years of age shall be prohibited from remaining in the establishment as a patron beyond ~ hour prior to their curfew with notification given by the establishment one hour prior to curfew. The curfew requirements shall be prominently displayed inside at all entrances and exits to the business and in at least two other locations inside the hall. The license may be revoked or suspended in accordance with this chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; (b) Conduct inimical to the interests of public health, safety and welfare; (c) Conduct involving moral turpitude; (d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction; REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 10 (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City receives five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool/billiard hall; fencing of stolen goods, possession of/or distribution of controlled substances, public intoxication, disorderly conduct or assault. First Reading: Second Reading: Date of Passage: Apti127,1998 May 11, 1998 May ll, 1998 Offered by: Peterson Seconded by: Sturdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3) Second Reading and Public Heating of Ordinance No. 1371 Being an Ordinance Pertainine to the Licensing of Cigarette/Tobacco Sales Motion by Szurek, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1371 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CIGARETTE/TOBACCO SALES The City of Columbia Heights does ordain: Section 2: Section 5.302 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 11 5.302(1) No person shall engage in the trade or sale of retail of cigarettes or cigarette wrappers without a license issued pursuant to the provisions of this chapter. 5.302(2) License applicants under this section shall state in the application the location where cigarettes or cigarette wrappers will be sold, the general nature of other business conducted at said location, and whether sales will be made by vending machine or over the county. 5.302(3) A separate license shall be required for each location or machine where cigarettes or wrappers are sold. 5.302(4) No license or agent or employee thereof shall sell or distribute cigarettes or cigarette wrappers to a minor. 5.302(5) The requirements for a license under this section is supplemental to the requirement for a license under any other section of this Article. Shall hereafter be amended to read as follows: SECTION 2 5.302(1) CIGARETTE/TOBACCO SALES PURPOSE An ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco related devices in the City and to reduce the illegal sale, possession, and use of such items to and by minors. Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of State laws; studied have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly tess likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Mn. Statute 144.391. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 12 5.302(2) DEFINITIONS AND INTERPRETATIONS Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural ahd the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may means permissive. The following terms shall have the definitions given to them: (A) Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco, cheroots, stogies; perique; granulated, plug cut, crimp cut, ready- rubbed,and other smoking tobacco; snuff flowers; cavendish; short plugs and twist tobacco; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. (B) Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. (C) Self-Service Merchandising. "Self Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. (D) Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 13 (E) Individual Packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this section shall not be considered individually packaged. (F) Loosies. "Loosies" shall mean the common term used to refer t a single or individually packaged cigarettes. (G) Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. (H) Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. (I) Moveable Place of Business "Movable Place of Business" shall refer to any form of business operated out a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. (J) Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. (K) Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 14 5.302(3) LICENSE REQUIRED. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related devices without first having obtained a license to do so from the City. (A) Application, An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the License Clerk shall forward the application to the City Council for actions at its next regularly scheduled meeting. If the clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. 03) Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. The clerk shall refer the completed application to the Police Department for a background and record check prior to formal review by the City Council. If the City Council shall approve the license, the License Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the Council's decision. (C) Term. The term of each license shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (D) Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance. (E) .Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Change of location or applicant will be required to be treated as a new application. (F) Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 15 5.302(4) 5.302(5) (G) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (H) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for renewal shall be made at least sixty days but no more than ninety days before the expiration of the current license. The issuance ora license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. FEES. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. BASIS FOR DENIAL OF LICENSE The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section; (A) The applicant is under the age of 18 years. 03) The applicant or any employee thereof has been convicted within the past five years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco related devices. (C) The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve months of the date of application. (D) The applicant fails to provide any information required on the application, or provides false or misleading information. 03) The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 16 5.302(6) 5.302(7) 5.302(8) PROHIBITED SALES It shall be a violation of this ordinance for any persons, employee or responsible party to sell or offer to sell any tobacco, tobacco product, or tobacco related device: (A) To any person under the age of eighteen (18) years. (B) By means of any type of vending machine. (C) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. (D) By means of loosies. (E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. (F) By any other means, to any other person, or in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. VENDING MACHINES PROHIBITION It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means ora vending machine. SELF-SERVICE SALES. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee and his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 17 Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this section before a new license is issued for the next license year. 5.302(9) RESPONSIBILITY. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. It shall be the license holders responsibility to provide training to any employee conducting tobacco sales and/or sales of tobacco related products and devices and to document proof of such training to be provided upon request by any enforcing agent of the City. 5.302(10) COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the City Police or other authorized City Official during regular business hours. From time to time, but at least one per year, the City shall conduct compliance checks by engaging, with the written consent of their parents and guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter into the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age and all minors lawfully engaged in a compliance check shall answer all questions about the minors age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. 5.302(11) OTHER ILLEGAL ACTS Unless otherwise provided, the following acts shall be a violation of this ordinance. A. Illeaal Sales It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 18 5.302(12) B. Illegal Possession It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. C. Illegal Use It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. D. Illegal Procurement It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall also be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. E. Use of False Identification It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. VIOLATIONS. In addition to any fine or other penalty, whether civil or criminal, violation of this ordinance by a licensee under this ordinance shall be grounds for the suspension or revocation of the license. A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. B. Hearings. Ifa person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 19 C. Hearing Officer. The City Council shall serve as the heating officer. D. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officers reason for finding a violation and the penalty to be imposed under the Penalty section of this ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. E. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred. 5.302(13) F. Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. G. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. PENALTIES. A. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine of $75.00 for a first violation of this ordinance; $200.00 for a second offense at the same licensed premises within a twenty-four (24) month period; and $250.00 for a third or subsequent offense at the same location within a twenty-four (24) month period. In addition, after the third offense, the license shall be suspended for not less than seven (7) days. B. Other Individuals. Other individuals, other than minors regulated by Section C of this subsection, found to be in violation of this ordinance shall be charged an admirdstrative fee of $50.00. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 20 C. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be required to attend a diversion or educational program. D. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. 5.302(14) EXCEPTIONS AND DEFENSES. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. 5.302(15) SEVER.ABILITY AND SAVINGS CLAUSE. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. First Reading: Second Reading: Roll call: April 27, 1998 May 11, 1998 All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations None C. Other Business 1) 1998 Proiect Safety Net Bill Kevin Thomas, Director of Project Safety Net, spoke to the history of the project which was begun in 1995. The purpose of the program is to give area police departments a resource to deal with juveniles who are caught out on the streets after curfew. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 21 Motion by Sturdevant, second by Ruettimann to approve the payment of $6,000 to Project Safety Net. Cost to be covered as follows: $5,000 from the 1998 police budget line 3050 and $1,000 to come from the Forfeiture Fund #265. Roll call: All ayes 2) Conditional Use Permit - 2121 37th Avenue Northeast Motion by Peterson, second by Szurek to approve the conditional use permit to allow a drive-in Beanie Baby retail business at 2121 37t~ Avenue. Roll call: All ayes 3) First Reading of Ordinance No. 1373 Being a Request to Vacate an Alley Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes The EDA Director advised that the City will receive a sixteen foot access easement to the North-South alley as part of the new Bobby and Steve's Autoworld plat. The City Planner reviewed the alley and addressed concerns relative to the alley. Discussion followed regarding possible changes to the alley and a suggested cul-de-sac. ORDINANCE NO. 1373 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, VACATING A CERTAIN ALLEY AND ACCEPTING AN ACCESS EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: That part of the alley found within the plats of CENTRAL AVENUE SUBDIVISION and SPAIN'S ADDITION, Anoka County, Minnesota lying between the easterly extension of the northerly line of the South 41 feet of Lot 9, said CENTRAL AVENUE SUBDIVISION and the northwesterly right of way line of RESERVOIR BOULEVARD, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 22 Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: May ll, 1998 Motion by Ruettimarm, second by Peterson to establish May 26, 1998 at approximately 7:00 p.m. as the date for the second reading of Ordinance No. 1373 being an ordinance vacating a portion of a certain alley. Roll call: All ayes 4) Variances and Alley Vacation - 3701 and 3842 Central Avenue The City Planner reviewed the five variances being required to accommodate the proposed development at 3701 Central Avenue for a motor fuel station with car wash and deli/restaurant on the east side of Central Avenue and the proposed development at 3842 Central Avenue for a ten bay motor vehicle repair/service business on the west side of Central Avenue. The legal counsel for the Reservoir Boulevard Association took issue with many features of the project including its size on the east side of Central Avenue, concentration of use in one area, acceptance of parking spaces at gas pumps, basis for hardship and current zoning relative to future use. The City Planner, project architect and City Attorney responded to these concerns. Other concerns expressed addressed such issues as the needed turning radius for delivery trucks on the east side property (this information will be supplied by the project architect to the City Council) and pedestrian safety. An area resident had suggested a deadend alley should be considered north of the station on the east side of Central Avenue. The City Manager felt this was feasible. A resident noted that garbage pick-ups are done from the front of the homes on Reservoir Boulevard and suggested a sixty foot cul-de-sac could be put in. Motion by Peterson, second by Ruettimann to approve the variances to Sections 9.116(18)(c), 9.116(18)(e), 9.116(18)(f), 9.116(18)(i), 9.116(6)(b) because strict adherence to the provisions of this ordinance would create an undue hardship to the landowner. Roll call: All ayes Motion by Peterson, second by Sturdevant to review the newly proposed alley design during the preliminary and final plat review. Roll call: All ayes REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 23 Councilmember Ruettimann directed the City Manager to schedule a meeting with the Council and the staff regarding the alley suggestions. 5) Livable Communities Funding Application Staff is requesting authorization to submit an application for the Livable Communities Demonstration Account Fund. Staff reviewed the several objectives as outlined in material distributed at tonight's meeting. The City Manager noted that there are currently no fixed long range plans. The deadline for submission of this application is May 15th. He stated items for the application will be considered at a future Council work session. Councilmember Ruettimann stated his opposition to the first item on the application; that being, a transit station in the downtown area of Columbia Heights. He felt the first priority should be scattered site housing. It was his observation that there is no land to build what is being applied for in the application. It was noted by the City Manager that the application could be amended or altered before it is submitted. Motion by Szurek, second by Peterson to authorize staffto submit an application for the Livable Communities Demonstration Account Fund. The EDA Director views the transit issue as being a key issue in that it is referenced in the Metropolitan Council handbook. He stated that a significant amount of funding has been allocated by Anoka County and by the Metropolitan Council for a transit hub to be located in Columbia Heights. He recommended the application be amended to add scattered site housing but to not delete the transit hub. Councilmember Ruettimann had reservations regarding the use of the transit issue. Roll call: Szurek, Peterson, - aye Ruettimann, Sturdevant - nay Motion fails. Motion by Ruettimann, second by Sturdevant to authorize staff to submit an application for the Livable Communities Demonstration Account Fund; amend the application by adding scattered site housing as the first item on the application; and, placing the transit hub issue at the end of the list of projects on the application. Roll call: All ayes REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 24 8. ADMINISTRATIVE REPORTS A. Report of the City. Manager The City Manager advised there is a lengthy agenda for the May 18th Council Work Session. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUN-ICATIONS A. Minutes of Boards and Commissions 1) April 20, 1998 Economic Development Authority 2) April 7, 1998 Planning and Zoning Commission 3) April 22, 1998 Park and Recreation Commission 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A. The resident at 5005 6th Street advised he has two unpaved driveways. One he rarely uses. He requested a time extension to comply with the hard surfaced driveway ordinance. His intention is to pave the shorter driveway before the deadline of July 1 st. His extension request is for the second driveway. Councilmember Ruettimarm inquired if this property owner could pave the fifteen feet adjacent to the street of the second driveway. This would prohibit debris from going into the street and entering the sewer system. The resident has some questions relative to this request which could be responded to by the Public Works staff. Motion by Ruettimann, second by Sturdevant to direct the Public Works staff to assist this property owner with regards to the surfacing of the first fifteen feet, if feasible, in the second driveway. Roll call: All ayes B. The owner of property at 4931-33 Jackson Street stated her concerns with a neighbor in that she felt he was doing car repair in his garage, harassing her and is responsible for some damage on her property. She also referred to a compliance order she had received from the City which she felt was unconstitutional. REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 25 Councilmember Ruettimann recalled the concems stated by this property owner have been expressed at previous Council meetings. In response to her complaints, mediation sessions had been scheduled and this property owner did not attend. The compliance orders requested removal ofpallettes fi-om her yard, repair of a broken window and removal of debris and weeds in the yard. The City Manager inquired if this property owner would be willing to attend a mediation session if the City makes the arrangements. She indicated she would. The Mayor stated he will request the Building Inspector to follow-up on her statement regarding auto repair on private property. C. The resident at 2200 Highlan~Place expressed his concern with street repair scheduled for his street. He noted that the/~*-JA,M~n'--tme in the street is very old. He wanted to know if the condition of the line has been viewed lately. He felt it would be unfortunate if the street were resurfaced and then had to be dug up to repair the water line. He offered to contact the Public Works Department regarding this matter. D. Councitmember Ruettimann said there was a resident, previously interviewed by the Council, who was interested in being appointed to the Park and Recreation Commission. There is a vacancy on the Park and Recreation Commission. Motion by Ruettimarm, second by Peterson to appoint Gary Mayer to a five year term on the Park and Recreation Commission. Roll call: All ayes 11. ADJOURNMENT Motion by Peterson, second by Sturdevant to adjourn the Council Meeting at 9:50 p.m. Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant CITer COUNCIL LETTER AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER ' S A~ CITY MANAGER ' S APPROVAL NO FINANCE DIRECTOR DATE: 5- 6- 98~j DATE: NO: Applications are currently being accepted for the position of Assistant Finance Director, due to the recent resignation in that position. As part of the.process, the job description was reviewed and revised, and the current salary range for the position was reviewed. Based on our compensation plan, internal equity, and in an effort to strive for external comparability, staff recommends a revision to the 1998 monthly salary range for the position of Assistant Finance Director as follows: CURRENT 1998 $3,490 $3,609 $3,728 $3,847 $3.,966 PROPOSED 1998 $3,802 $3,931 $4,061 $4,190 $4,320 Such revision to be effective June 1, 1998. RECOMMENDED MOTION: Move to approve the revised 1998 monthly salary range for the position of Assistant Finance Director, effective June 1, 1998, as follows: $3,802 $3,931 $4,061 $4,190 $4,320 COUNCIL ~ACTION: CITY COUNCIL LETTER Meeting of: May 26, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY Administration MANAGER'S NO. 4 W. Fehst APPROVA~ Dates for June BY: $. Student BY: /x//~.2~ ITEM: Establish Council Work Session ~/-~ - ~ DATE: May 20, 1998 DATE: r MOTION: Move to establish Wednesday, June 3, 1998 at 7:00 p.m.. and Monday, June 15, 1998 at 7:00 p.m. as dates and times for Council work sessions. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: May 26, 1998 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGER NO: ,t?t Community Development APPROVAL ITEM: 1999 to 2001 CDBG Programs BY: Kenneth R. Anderson~4~~ BY:/~,///.,/,~,/~/,~ '9'-t~- q' DATE: May 21, 1998 / BACKGROUND: We have received notification from Anoka County that HUD has requested communities be given an opportunity to "opt-out" of the Anoka County CDBG and HOME programs at the beginning of each three year cycle. The new three year cycle for these programs runs from 1999 through June 30, 2000 (see attached letter). ANALYSIS: Each of the communities in Anoka County that have participated in the CDBG program previously executed Joint Cooperation Agreements in 1987. Those agreements were amended to include the HOM]~ program. If the City of Columbia Heights chooses to remain included in the Urban County, the City will continue to participate in the CDBG program and HOME programs as we have in the recent past. If the City chooses to withdraw from these programs, we may be able to apply for Small Cities or State CDBG programs, which require grant applications to be considered on a competitive basis versus the allocation basis currently in process in Anoka County. Alyce Osborn of Anoka County indicated that the Department of Trade and Economic Development would not consider applications if the community had the option of remaining in the Urban County. RECOMMENDATION: The Staff recommends the City of Columbia Heights allow the Joint Cooperation Agreement of 1987 to automatically renew. Therefore, Columbia Heights would not choose to "opt-out" of the Anoka County CDBG and HOME programs for the next three year cycle. RECOMMENDED MOTION: Move to allow the Joint Cooperation Agreement of 1987 to automatically renew and continue in effect so long as there is a CDBG program in the Urban County of Anoka. Attachment - Letter of May 12, 1998 COUNCIL ACTION: h: \cdsec\wp8\Council\ ltr5-14-98(2) BRC: t::' I I',IAI',IC I AL_ SY,STEM I::'LJI,t]O F:,'IiEC~AI::' ~ F:'UN]D DliEE; CI:(: I F:'T I ON 10 :L 20:1. 204 20 '.":', 2.1.2 2:1.3 21:.'5 235 240 i'.": 50 270 271 278 4 B :L 60:1. 602. 60B 609 6'6! ? 01 7 :L 0 720 G 1!!: N lie F:.' A 1... COHMUIq]]'FY Dlii]VliEI...OI:'ME'EI,IT I:;UIqD F'ARKV]~E:I.,J VIL.I...A NOR'CFI EC;ONOM ZC DIF.'VEL. OF:'MliEN'¥ AUTH ~,il"A1"l.~." AZD MA ]: l,ll'T~;l,IAl,ICE:' F:'AR KV I lief4 V:i:I...I...A E;OUTFt CABLIE T'E'"LIi'EV iF. ~:~ :[ ON F(EEt'ITAL. I... :1: BRA F::Y COl... 1"![';1"1"~'~; AF"T'Ii!:R SCHOC~L. L::'hlRI DARliE F:'RO JE:.'C;T L.OE:AL. L. AI,,J L:EIqI":'OF:,'E:E:ME:NT 98 JUVEN ]:LIE JUE;T :[CIE C']IRANI" E:AF:' lii:(;;~U :1: P REEF'L. AC['E'"'C'~IiENlii:RAL.. 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CO, i...AF~ K I Iq/~.~i31.-llq L E AGUE OF M I N!',IE SO TA C I T I I'[~R K VII MASYS CORI::', MC COSH/MARIE METRO IEMIEI:~GIENCY I'IAN~(31ER' I'~:[IqI'qESOTA DES]:GIq TEAM MN DE:PT 01::' F~EVIEtqLJE MODEI...I.../F'~UI... MI:~PA NOF¥¥'H 8T~R ICE I='AF~]'S Pt...US I::'~UI...SON/LIEC~IqA F'IEF:'S:[-COLA.-..7 LJP F:' E T E R S 0 N / T ~ M M Y F'EtTTY CRii~l"l - ~]UI...]:E: DEHHE 71859 :L '~", 0. O0 71861 240.00 71862 34,37 !. 83 7 :L 86:.':~ 18 ,, 00 71864 :.";5. O0 71865 34 ,, 6~ 71866 35.00 71867 100 ,. 00 71868 ~;, 069.00 71869 962 .. 25 71870 25 ,, 00 7187:t. 70.00 71872 80 .. 73 7:L 873 2,019 ,, 45 71874 38,219.. 55 71875 35 .. 00 71876 26.65 71877 35.00 71878 35.00 71879 20.00 71880 35.00 7:1.88:1. 23,575 ,, 9:1. 71882 7,530.00 71883 35. O0 71884 7,053.40 71885 49.14 71886 27,563.47 71887 233 ,. 69 71888 35.00 71890 44,080 ,. 10 71891 212.08 71892 15.00 7 :t. 89:1; 14,701 ,, 35 71894 I, 040 ,, 78 71895 ~S5 ,, 00 7:1. 896 30.00 71897 56 ,, 72 71898 12, :~04.00 71899 181.00 7 :L 900 6 56., 00 71901 567 .. 00 7:L902 31.21 '2190:~ :S5 .. 00 71904 325.. 7:1. 7:L905 12.00 71906 40 . 08 BI;','(] i'"ZlqANC]]AI... SYST'IEM 0 5/:L 9/98 16 ,", 2 Chec:l< History 5/26/.1. 998 COUI',IC I I... CITY O1=' COI._t. JMD]:A I"IEIGH'T',S GL. 540R--V0 5.2;0 F'AGE 2 B A N K V E hi D 0 R CH[CC E NUMBER AMOLJN'¥ BAN I( C;I"IE:C K :I:I,IC'] ACCOUN'f' PI--IIL. I...]:P,C.'; WINE: & SF:'IF;,"T',c3 F:']:ZZA MAI,I I::'I:L' ]: OR W ]: I',IIE F~ ~I::'A C'- Z / O1.. C') A SA hlI) I'.::AC I</MAI:;,'(3E ,SA'f'HRE/L.I..OYD I-'1 SMABY/I::'H I El... ]: F' ,~'3'f'AIqDAF,~D INStJRANCE COMF:'A ~i~,"f' U F;.~)[)tE V A N T / Jf C) li~; A 'TARGIZT - FF~IDLIEY WO:OZ ]: A K/MAF;:GARET ZGOt'-IC/F~ICHARD & MAI~Y F'IETTY CA,fi;H .... 'BARB SAI"IDBE A ]:1:~ ]"OUCH C'EI..L..UI...AR AMF=R ]: t::'1":,' I ])Iii: AI',IDON APACHE: (31::,'C)UI":' 01::' MN A'f' 8; T' BIEL. L. BC)Y BAR ,~i~LJI::'F:'t...Y BEI...I...BOY COF:,'PORAT ION Dt.J,C.~:[ I"IE:,~i~S I"L'I."ECOF(D,"i~ CORP. CH I,~¢..'~(30 I..A KES D ]; S'TR I DtJ'f' :[ C'. ]:'T'Y W :[ DE: W ]: NDC)W SEEI:L'V I CEE COCA-COI..A BOTTI....'[Iq(3 HI))WI!:'. Ct:~Iii:ST V ]:I:'!:W I...UTHIiEt:~AN HOIdE EAST ,c~:[DIE Bli.-".VEF(A(31E CO F:'C)I_ I(MAI',! I S ]: t',IC (-]Et',IU:I:N1E F:'ARTS/NA.F'A AUTO G :1:1..I...E:SI::' I Iii:/JANli!:T GI_Ii.'],IWOOD I NGI._I!EWOOD Gl:;,' ]; G(3S-'CC:IOt::'IEI:~ & CO :1: ['.'~M COI::F'OI:~AT I (31'4 ]:I'.ISTY PR I I'-ITS 3'O1"1N,~OI4 BROS,, I...I(;,~UOtR C'.O, K M AF;,'T K :I:I',IG O,SCARS KUE"f'HIEF;,' D :1: S"¢ ,. CO, I...AI'~(31E/DAVI.:.' & KATHY I...A~SON F:'F;,'C'IDt. JCTS :I:I',IC I...I.~]EI::' MARl( V:l: I .D:I:,"!~"I", M :1: M :1: NI',IE,SOTA OI::T-:' I (:)Iii: ON MOl...t.J I,I ,S F:' IqOF('SEMAN AWAF,'D,~i; ~;~. ENGRAM I'IORTH STAIR ICl.::". PAR]'8 71907 8 :, 026.76 71908 .1. 85 ,, 00 71909 1 :, 940.41'..'. 7.1.910 35 ,, O0 719.1. 1 33 ,, 00 719 .1. 2 2.80 ,, 00 7 ].91~ 4:1.8.00 719.1.4 767,, ;39 71915 ;32.75 719.1.6 :320 ,, 81 71917 ~ ~", ,, 00 719.1.8 2;18 ,, 49 719:1.9 750 ,, 00 7.1.92.1. 28 ,, 63 7:1.922 :L9.70 7.1. 92:3 8 ,, 52 71924 358 ,, 95 7;I. 925 47 ,, 82 7:L 926 116.90 71927 .1..1. :, 438 ,, 68 71928 248.85 71929 .1. :, 556,,65 7 :L 9:.'.";0 24 ,, 50 7.1.9:~:t. 1:%1. ,, 50 7.1.932 357 ,, 20 7 .1. 9:'~:3 :1..1..,, 179 ,, 80 7:1. 9:.':'¢ 4 5~4.82 719=.:;5 :1. ~.;3 ,, 26 71936 34 ,, 50 7 .1. 9::;7 20 ,, 92 719::~8 8,820 ,. 95 71.939 585.00 71940 9 ,, 52 7.1.94.1. 8 :, 826.2.1. 71942 61 . 30 7.1.94:~ 514 ,, 50 71944 12,557.65 7.1.945 155 ,, 09 71946 54,,62 7:1.947 60.48 71948 5 :, 163.98 71949 8.1. ,, 47 7.1.950 2.'.5 ,, 00 7.1.95.t. .I. 9 :, 680 ,, 95 71952 9.49 7 .1. 953 70 ,, 80 7:1.95~.~, 88 ,, 88 BRC F:']:I"IAI',i[].'[AI.. ,c~Y,"~'¥1!~.l~ 05/:1.9/9~i~: 16: 2 Checl< I..I i ?,'~.o ry 5/26/1998 C:OUt,IC ]:L. C]:"I"Y OF: []OL_UMB]:A I"IIiEZ(3HT.~3 GL. 540F:,'"'-V05.20 F:'AC';['E :.':~; B A l',i K V Iii: N ):) 01:;.' C:I-.tE:C K NLJMBE:R AMOUI',t'T' BAN K [:;l"lliE[:; K :1:t,1[:.} AC[:;OI..JI,FT' I::'E:I::'S I""COL. A""7 LJF' F'IiET'¥Y CASH - JUL. I'E: F'E:"FTY CA,~H ..- KARliEN MOIEL. L. F:'tiETTY CA~,i'B'-I--- MARY ]OU[3DAL. F:'H]:L.L]:F:',~3 W]:NI.:' & F:' :t: I'-II',IACL.I~i: ]D I F:'R :[ OF;: W ]: [L~UAL. Li: TY W I I"tE: & ,C3F:' I F:: :1: "I"~ ,~!.~T.AR '¥R :[)31.JNtFJ ,~3'¥'1E:1~:1_. Tlii:E:H 1' I',IC: ,~3"1"1!i: :[ (2HI.'-'.'1'4,~ ,t~Al..I.~.",~3 .'1: NC c,i~,'T'l..j R ]() E?,j A N T / j 0 ,~i; Iii: p H 'T' A F;: GI.:.':'¥ -- I::'1::: ]: U ,c.; t.,lli~:,~'l" COMMLJI.,i:[CA-t'-:[ON,C.:; 1]JOF;:I...D [.~I._A,~;S W]:l"-lli'." A & [."; SMAL. L. ACE: HARDHARI.:E ACH I E:VL:EMI.:EN'I" CliEN'I"IER A E:Mli:.' TYPIEWI;: ]: I"IER AID E:L. EEC'¥R]:E:: SI!i:F:,'VIC:E:: II'-IC AI..A]OD]:I'I F'O01.. & .~3F'A AL.L. F'It:;,'IiE 't"E:,S'I" AMI!ER.'I:CAI~I F'UBL.]:[.',' WOI;,'K,~3 AME:R :[ I::'R I ]()Iii: ANDOI'-I ANC. II(A COUNTY LAW AI'-IOI(A CTY -- CEN'Ft~AI._ COMM ANOKA HE]'41'IE:F:'LI:N 'T'E:CH COL. L. )3ARI,IA C-;I. JZY & ,"3TliEF:'I:'EN L'¥D BAT'~Fli!]:~:Y C'.LI: TY I NC BAI..JE:F:: )"":U ]: I...'F I"]:F:,'E: & 13Al"l"LE BE:RI',I I C K AN}O I... I F'S;ON B :1: FF:' ' .~3, ]: NC. B LIE TIJI'~I:[ f,l[:]l..J~,i; ROA:OI,'JAY,,:'.~ ,., ]: i"IC BI..A[.",K & ):)I!:.'CKliEI~ BONE:~"I"I::,'O0 ROSE:NE AN]DEF;,'L. BOYI!.:.F:: TRIJ[:;K F:'AI::~'¥,~3 CA'T'C:O PA F;:T,<3 CFN I"F:,'AL. F'OWli."F:: D '.1: ~3'T'F;: ]:)3U't-0 [:;[:]I~IF:' I..J,"L::A tNC [.";OMF:'LJ'['E:F~ ,~3Y,~3'I"I.:-M F:'RODLJCT,t'3 ~0 ROCI( CE:N't"E:F;: D-AL. CO E:I'-II"I.:."I;:F'R:t:~31!E,~ ~lq[.';, DAN KA OFFF ]: [:::Iii: Li: MAG LiE big CO ]DAN K[3 iiEMI!EF::[3ENCY I.:.:[~'~l.J :E F'ME:I',I D RVE?,!~- Gt::'Ol:;~"{' 71955 57.25 71956 122.,, 47 71957 23 ,, 70 7.'t. 95L'3 85 ,, 27 71959 100.00 71960 4,594 ,, 00 71961 219.50 71962 :1., 987 ,, 36 71963 23,011 ,, 74 71964 62 ,, 78 71965 159 ,, 75 71966 45 ,, 76 71967 63 ,, 24 7196~ 120 ,, 40 71969 3,024 ,, 87 71970 I, 742,, 17 71972 8.10 71973 20. 71974 420.20 71975 :L98 ,, 90 71976 :L 34 ,, 60 71977 32 ,, 7]. 71978 13,78 71979 550 ,, 00 71980 4:L. 65 71981 4 ,, 26 71982 i , 7()~ ,, 94 71983 ~348 ,, 80 71984 410 ,, 00 71985 6,20!,48 71986 93.41 71987 71988 2, ::;12,85 71989 445 .. 56 71990 52 .. 33 71991 94.90 71992 19,200.24 71 ':29;S 39 ,, 34 71994 149,, 12 71995 89.34 71996 71997 1!3.16 71998 9.94 71999 54 . 03 72000 967. 72001 100. 720021 164 ,, 97 BI~:I2. F:'.'t:I"-IAI"-I(~ Z Al.. SY,~,'¥1ZM 05/:L 9/9,~i~, :1.6 :~ 2 Chec:k History 5/26/:1.998 COUIqC:I:I... CZTY OF COL.[JI¥1BZA I'-Iti:::I:GHT,~ C~L.. 540F:.:--' VO ~:',. 20 I::'A C';tK 4 B A f.I K V Iii: Iq ~) 0 R CHIiE C I-', N U MBI:.E F,' AMOUIq"I" BAN K C]"II!i:C,~ K :I:I,IG ACCC]UIqT ])L:i:AL. lii:R AUTOMCY'[' Z VE: '~;EERV :[ C F:' HAIq,~ON A[~SOCIATI.=.:S I::'ACTC;RY MCYFOR PART[~ INC (~C)C)D MD/ gt~ (3ARY GC)F'HEF~: GF~AF'I X SHOF'F'IE H :1: L.L.T OP TRA :t: t...E:R (~;ALE:S Z N IKON OF'F:':I:(]IK ~OL.UTIOIq :I:I,IDE:PIE:NDE:NT [~;CHOOL.. D:[ST :I:N'¥'IZRIqAT ]:OIqAl.. CRY~B]"AL MI:: :[ F'C F'I:~ Z N T l NG J,. B,. HUD[;OIq 3'U~3T'ZCIK l:'l..Alqlq]:lq[~ g: M(3M'F K MART l<tJ[~;]"(31"l ~I(31qAL~3 IlqC I_.AG[ER[~U:[ ~"f' COI:~F' ,, LAWN ~IZIRV]:CIK-'-~IqOW RIKMOV~ I...IS1EF' I...YIqDIK COMF'ANY MA:ODEN & AS[~OC:[~"I'IK[~/F'RAN MIZI)TOX I..AB(]RAT'OIR]:IE~ ZNC I~IIE:IqARD[3 CASFIWAY L..UMB[E[;:--F I"IIETF~OF'OI..]:TAN COUIqC]:L WA[~ M :I::OWAY I::'OI:~D M]:DWIK~T ~SF'HAI...'T CO. M :l:lqN BI...UI: 1¥1 :I:IqlqlKSOTA COAC;HIK[~ Iq :t: Nlq [E[3OTA MUI...T M:I:IqNIK[~OTA F'LAYGIROUIqD INC M:I:IqNE:[~OTA SI"II:([EDD :[ N(3 I...I...C: M :[IqlqlK[~OT~ ~Ulq F:'UBI... ]:CAT ]:0 MIq F' :[ RI~E [[~I~ERV Z CEE CEI:~'I' :1: F:' ]1: C NAT :1: 01,1~1... I:: ]: RIK F'ROTI:CT ]: ON I,IC]I~TH [~"['AR F'AZNT & BODY NOIR'TI'-II::F~Iq SAN Z TARY [~UF'F:'I_Y I'IY~TROM F:'UBt...:i:[~I"I:[ hlC~ CC)MF'A OI::'F:' Z CIK 0 F:' F' :[ C E: T[E A M F:'AM 0 ]:1... I::'I'-IY[B :[ C) CC)IqTI:~OI... t::'I~OIEX F'HOTO I:~AI::' :1: T F'R ]: NT ]: NG ....F:'R :[ DI..IE:Y RI...~ :1: IqC l:~OB:l:tq[~OIq COACH ZNC 72003 :L 62 ,, 80 72004 :L, 795 ,, 75 72005 37 ,, 00 72006 200.00 72007 208 ,, 25 7200~.~ 758 ,, 89 72009 2.26 720 :I. 0 45 ,, 00 7201 :L 532.50 720:L2 28 ,, 50 7.C.'.'0 ]..2'; :1.0 ,. 6:1. 720.1.4 49.77 720:1. ~:', 1,20<? ,, 89 720.1. 6 7 !.."", ,, 00 720:1."7 36 ,, 06 720 :L t:3 :.390 ,, 4-0 720.t. 9 842.00 72020 ].9 ,, 17 72022 62.4,, 39 72023 60:1. ,, 00 7 i-~ 0::-.'..': 4 :1. :1.4-,, 00 72025 :L64 ,, 95 '220:~]6 .1. :L '..5,775. [.?, ;.':". 72027 26.84 72028 2:t 5 ,, 36 72029 66.45 72030 250 ,, 00 7203:1. :1. 50.00 7202.;2 7,245 ,, 87 72033 23 ,, 3:1. 72034 :L 54.00 72035 35.00 72036 :1. 15 ,, 00 72037 43 ,, 62 72038 30 ,, 67 72039 4,85!. 09 72040 268.67 72041 1 ,., 320.00 72043 :1.68.00 72044 .1. 2[3 ,, 56 72045 :L 06 ,, 48 72046 1. 52.0,~3 72047 5,850.00 72048 :L 65.00 7,7:0,~9 ':","": ~'" BRC I"-.'I~I'~AI'.ICIAI_ .~Y.~'¥1i~l'l 05/t9/98 16:2 C I"~e c: t-:. I.-I :i. ~:, '1=o r y 5/26/199,~i~ E;OLJN(:.~ :1:1... C:[TY OF' C(3LUI~tB]:A I-II.:.':I:GI--IT,~ (3L..540F;,'-'-V05 ,, 20 PAGE: 5 B A t',1K 'v' I~i: I',1:0 0 F:: CHI~i:£:: K I'IUMB E:I:;-: AI"IC:ILJN'¥ BAN K CI"Ilii:C::K :1:1'1(3 ACCOLJN'¥ ROYAL. T :l:l::-:lii: ,c~(]I"I:[I'IDI...I.:.':F'-: I.:.'I...IiEVATC:~R COF::P ,"~; Iii:i:;.: C C) I... A B ~,!:; ~,:[I..VE:I:;~DA & ,,:'; 0 I::'"1' W A R Iii: "1" A ,~!.~ "1" :1: (2. K I..li::l:;~ / KA YI.:: ~¥'f'l:;:l"i::[ CI--II~!:F;,' GUN ' ~; :I:t'IC::/DON SIJBI. JR):~AN ,c.';U:(':~UI:;.'.:(':':AN F;,'LJ~3:(':'~E:F~ ,~i;"t"AMF:' ,~i;I. Jl::'li':R :1:(31::-: I::'ORD .'1: NC, · ~!;Y.C~;TE:MC, i.:: ,~i';LJPF:'I...Y :I:I',IE:. '¥CIt~JN & [.~OI. JI'-IT'RY OF:'F':I:Cti:". CL TRA(:::Y t::'F:,' :t: N"f' :1'. 1"1(3 "f ' F:.: LJ G I"'~ I~i: I.:.' N CHIFI'IL. AbJN LJI'I:I: F:'OF;~I"I!; LJNL. VAUGHN D.'I:,~Pt...AY V :1: K :1: t"IG OFF :1: l,,J & bJ (31.:.':I'-Ili::RATOF,,' bJ At:;,'I',1:1: N (3 I... :1: "l"lii:,c; W:I:I::'I.:.".I'"'~'-:!; & W:l:l::'ii'::~3 I,'JOI::~D F:'E:F:,'F:'E:CT COF;.:P/I"IOVEL. I.. WY):'.'{R :1: TE: .'I:NC 72050 2,996 ,, 94 7205.~. 169.47 72052 :L 40 ,, 00 72053 318 ,, 40 72054 20 ,, 00 72055 282 ,, 89 72056 1 , 040.22 72057 :1.4 ,, 00 72058 13 ,, 32 72059 4::; :, 528 ,, 66 72060 2 :L 9 ,. 45 7206 :I. 3 :, 040 ,, 58 72062 213 ,, ~",6 72063 570 ,, 85 72064 324.22 72065 681.0~. 72066 54.87 72067 56 ,, 84 72068 28.56 72069 29 ,, 69 72070 27.97 72071 271 ,, 58 587, :1. 54,61 B R C F I N A N C I Al. S Y ~c; T E M 05/19/98 16:29:34 FLJND F:,'EC'AF:': F:'LJND I)EE~c;C::R :[ F:']" :il ON 10 :L 20:1. ~']04 205 225 2=";5 240 2.50 ~70 2.7:L 2.78 431 60:1. 602 603 609 651 701 710 720 G;EN!!!:F:,'AL. COMMUN.'[TY DEVEI..CJF'MEI'IT F'UND F:'ARI<V]:EW V]:I...I...A NOF::'f'H ECONOM:I:C DEV!!-"I..OPHEN'I" AtJTH ,SsEEC'¥ 101,1 8 ,~TA]"E AID MAII,I]"EI'-IP-~NCI~; PARKV-'I[EW V]]L.L..A SOUI]"H C A B L E 'I"E I.. Ii'." V I 'S I 0 N REI,ITA. L. I'-IOU,~E;:I] hiE'; I...'[ B I'"( A I'~ Y COl... I'-IGHTS AF:'TER ,c.:;[]HOOL. DARE.': I"'ROJE:CT LOC.'AL I...AW EEI'IFORCEMEI'IT 98 J U V Iii( N ]] I._1.=.] Jl...I S'1" .'[. C E (3 R A N ]" CAF:' I!i[[;~LJ :[ F:' REF:'L. ACEE--GEEI'qlii[RAI.. WATEF:,' I. JT]]I_I TY SEWER U"f' I I_ .'[ 'I"Y F.: E F I.J,S~ E'] F'UN]O L.. ][ WATIFJR COI'-ISTFRUC]" I (.]I'4 F=UI'ID [:::tii]-I]"R A L. IF_'NliE F(G ¥ I'~AI'IA[31i::MENT DA'T'~ F:' RO[:; 1::,~; S ]: I,I [:~ COIgTI~.: I Bt_ITIEI3 F'F([]OtEC-f'S-F','Ii[C []: O I'1T F:,' ]: B l..j'T'lii: ]~) P F:,' (] J I!i: C ]",~- C'~ E I,I ]] I'.ISI. J F::AI"-tCI? Ri: ,"i'] [; R 0 W 'T'O]"AL. AI..I.. FI. JIgD$} BANI( F:.'liECAF:': BANI( hlAMl"i: BANK CHECKIN[~ A [:.'. [::: [] LJ l',l"f' '1-0'1"AI.. AL_I_ )BAI,tKS Check History I) I SBLJRSEMENTS 44,9)~0.79 560 .. 44 3,001 .. 60 7 :. 860 .. 00 1,331 . 00 745 .. 42 I ,655.16 2 .. 807 .. 96 :t23.41 884- .. 6O .'1., :t 70 .. 89 532 .. 50 't :, 506.80 :L 00.00 43,528.66 .~.4,346.. 71 12~5,419.40 1,873.52:; 265,377.76 "?. 94 .l 0,874 .. 70 4,875.. 11 i, 188.58 622.48 689.24 40,289'. 81 848.12 587,154 .. 6:1. !) ]: SBLJRSEMEN'TS 587, ]. 54.61 587,154.61 BRC F:' ]:i'~AI'~C I AL.. 05/19/98 16: 2 Chec:k I.-li~ to ry 5/26/1998 COUI,IC:[I... CITY OF' COLLIHBIA HI:E:IE[BI"tTS GL540F,.:'-VOL~. ,~0 PA[-.IIZ .'L BAN K VIF'I'IDOR CHECK NUMBER AMOUNT BAI',I K [:;Hlii:C K :l:l,l[:-.'i A[:;[::OLJl',I'T' KUEI-'II'I/Jlii:AN AARI'" AML:.]::.'IC;Ahl AGE'ZNCY Il-lC A N (.') K A C 0 I.J N'I' Y M 0 '1' 0 F:: V Iii] H ][ C Bli!:IiEF;.'.S/,Ci;HI F;:L..Ei:Y & I)OLJE-:iL. AE.:; BI!i:F:.:GIqAI'-I/,3'L:_NIq :[ Fl!El':.' :[-3 :l: I':: Cl'-I/lii]~l :[ L. :[ A [.1;1.:.: N '/' R A I.. M ~1: D DI._ IE S C H 001._ CI'-{ ! iii; Al30 I...A t< [:::[3CA"-COL. A )B(3'1"'1"i... :E fig H :[ DWI.'-" CF;,'O`<!;,<ii;/M A F:,' Y C Z A F:' :E [": W,<.3 l< :1: / :l: R E I'-I Ii!: DCA Il'lC.. li::AGI...E W:[I'II::_' COI'qPAI'IY lEAST ,c..:;I):)liE BEVERAGE CO [3 A [:;I.=:: K/)Blii:F:,'l,I :ECL:-: [:'~lii:NL.l:l: I,H!!: F:'AF::T~C~/NAF:'A ALJTO (3 :[ L. L_IiE,.'3 F:' .'E L-Z / J AI,II.:':T [3 ]: I... L. E!:'T' Ei: / :() O R 0-1" I--{ Y C-; I:;,'1=.': E.: CJ W S K :1: /:[ DA GF:,':E GG~?,-COOPI:"ER & CO HAI...V Ei:R HAM AI-I/L. li-"OI,JA H[::H"lIZhl,C..:;Tlii: :1: his _'1: f-lC CTI.::F:'F:' :. ]:-:':O:(~BY & STt:-'::VIE:8 AI. JTO JOHNSON BF::O~i.~, L.:I:[~:~UOR CO. 0'[3HN,<.3OI-I/THOMAS H i.,I.,..L I .L .,, K I.J Ii-'_' H I,I / 3 IF'A I-I KLJE'T'HEi:F;,' L. ARK .1: I'--i/.:¥ O H I,J L..tiE A [3t..Ji:i: OF:' H HAF:,'K V:[]: ]:)ZST'. I~'h'.":~ c~; Y ~:; [::ORF:'. MC CO,<-3H/MAR.'[EE Mlii:'l"F:.'.O EMEF;,'(3E:NE~,Y MANAE-;E-.':R' M :1: I,JI,IE::.SOTA DI.:-:8 :[ GN 'I'[:'.~M HI'I T)I:Ep'T' OF' REEVEEI'qLIE: HODE::LI_/PAUL. MF:,'PA NORTH `<~."1" A R I=' A I::,'-I",<i; F:'I...LJ~:; F:'AI. JL..G O1-1 / L EOI'--IA I='I::F:',<.3:1:--[: OL.A-7 LJP F:' Iii: T L=.: R ::-30 I,I / T A M M Y Plii:TTY C;ASH- JLJL. IE!: DI:.':HMEi: '71859 71861 240,,00 71862 34,371.83 7 :L 86~:; 18.00 71864 35.00 71865 34 ,, 63 7 ! 866 35.00 71867 1 O0 .. 00 71868 3,069 .. 00 71869 962.25 71870 25 .. 00 71871 70 ,, 00 71872 80.73 7:1. 873 2,019 .. 45 71874 38,219,, 55 71875 35..00 71876 26 .. 65 71. 877 35 .. 00 7 ]. 878 3 5 ,. 00 7 ~. 879 20 .. O0 71880 35 .. 00 7 :L ~81 23,575 ,, 91 71882 7,530. O0 7188::: 35 .. OO 71884 7,053 .. 40 71885 49.. 14 71886 27 ~, 563.47 71887 233.69 71888 35.00 71.889 31.93 71890 44,080.10 7 J. 892 15.00 71893 ].4,701.35 71894 1,040.78 71895 35,00 71896 30.00 71897 56.72 71898 12,304.00 71899 181.00 71900 656. O0 7190 ~. 567.00 7:L902 3!. 2:L 7190:3 35 ,, 00 7 :t 904 325.71 7 ! 905 12 .. O0 71906 40 . 08 BF','C F"INANCIAL 8Y,~3TEM 05/~l 9/98 '1.6: 2 E]hec:k History 5/26/.1. 998 [.]OUIqC :1:1... C :[ ]"Y OF COI._UMB.'[ A I.-IE: GL_540R-.V05,20 PAGE BAI',I I( VEI'qDOR CHECK t'IUMBE:'R AMOLJNT BANK []I'.ItiECI(II,IG ACCOUI,IT F:'H]:L.L.]:F:'8 WINE & 8F'IR'T'8 F:']:ZZA I~lAlg F:'F:.'. ]: OR 141 I',IE RAI:'A[:;Z/OI.~GA ,SA I',I]D BAC I</MAF;:[3E SA'THRE/I_I_OYD H 8 M A I-.'.:Y/P H I I...I... ]: P · "3T'AI'-IDAI-~:D I NSI. JIRAI,tCI!-E []Olql::'A S '1" LI F:..':D I:!: V A N 'T' / J 0 E A TAFL'GET' ..~ F"F;: Z D I._ 1.:.'; Y W[]DZ ]: A K/MARfBA RIE"f' Z[:')OI'.I[.]/F:,'.'I:CHAIR):) & MAIRY ]II F'Iii:TTY CASH .... BAR]B 8AI'qDBE A :[ R T[]I. JCH CIFI..I...UI...AIR AM E:R :!: F:'R I ):)Iii: AI"I).') 0 N AF:'AC:HE [3ROUF:' OF:' MN Al" & '1" .Blii]_L.~['}:O¥ y..~AR 8UF:'F'L¥ B E I... L .. ]E~ [] ¥ C 0 F;,' F' 0 R A "1- .'[ []! I'-I ]3U:~i;]:NEi]i.~S F;,'E[)E]F('~')S CORF', C H :[ S A [:: ]: T¥ W ]: ):)['E W ]: Iq:OOW ~C~EEI::.'V.]: CEE COCA'"'[][]I._A B[]T'I"I.. 1 !'.113 M :[ DWE Cl::,'tii:,~3T VIEI~J I...UTHEI:(RN HOME EA,S'T ,~3Z).')I.:.': Bli:'.VERA[3E CO F'OI_ KMAN :1: ,fi; :1: I"tC Glii]'lU ]1~ NE~. F:'ARTS/I'.IAI':'A AUTO G ]: I... LEi: S P I Iii: / J A N Iii: T GI-EENWOOD IN(31._EWOOD GR]:GGS-COOF"Ii~:R & CO ]: BM CORI""OF:,'A]"I ON ]:I"ISTY PR]:NTS J(]l"ll"l,~3OIq BROS. [~IQUOR CO. K MART K:[I'IG OSCAR,S KUlii:TH['i:R I):[ST. CO. I...AIqGE/DAVE & KATHY I-AWSON PRODLIC'F8 INC LIE IF.':I::' MARl( VI I M :1: N N1.-][']A S CO M]:I'qhlESOTA OF'FI:CE ON VOI._U I'1 ,~3 P IgOF~SEMAN AWARD8~:~ ENGRAV I'IOF(TH STAR ICE F'ARTS F'I...US 71907 8,026 ,, 76 71908 185.00 7'1.909 '1., 940.42 71910 35., 00 719:1.1 33 ,, 00 7.1.912 280 ,, 00 719,1.3 418.00 7.1.914 767,,39 7,1.9,1.5 32.. 75 719.1.6 320., 8.1. 7,1.9',1.7 35 ,, 00 7.1.918 2.1.8 ,, 49 7.1. 919' 750.00 7.1.92.1. 7,1.922 19.70 7192:.'.3 8 ,, 52 71924 358 ,, 95 71925 47.82 7,1.926 .1. 16.90 71927 .1..1. , 438.68 71928 248.85 71929 1,556.65 7'1.930 24.50 719T$.1. :t. :$:1.. 50 7'1.932 357.20 719::~3 .1..1. :~ :[79 ,, 80 7:1.934 534 ,, 82 71935 :1. 3T:~. 26 71936 34 ,. 50 7.1.937 20.92 71938 8,820.95 71939 585 ,, 00 7.1.940 9.52 7.1.94.1. 8 :, 826. ~:."~'J. 71942 6.1.. 30 71943 514 ,, 50 71944 12,557.65 71945 155.09 71946 54,,62 71947 60.48 71948 5, .1.63.98 71949 81 ,, 47 71950 25 ,, 00 7.1.95.1. :t.~ , 680.95 - ! 7't. 952 9.49 7.1. 95~':; 70.80 71954 88 . 88 Check History o,- ~:.6/.L ~ ?~:~ COUNC][ I... CZTY Ol= []OLI.JMBT. A I.-IlE.'[(Sl--I-f'.~ E-;L. 54. OF;:-VO :~ . 20 PAGE '3,. BAhll( VENDOR CHE~CK NLJMBEF;,' AHOLJN'T' BAN K CI..IIEC I( ]I]I',IG AC;C;OLJI~I'T' I::'IEP ~; ]] --E::O L ~- 7 LJF' f',lE 'T'IE I.:,,,c~ 0 N / 17 0 G iEi:',: t='IE'I"'T'Y C~SI..{-. JLIL.]]IE DEHME I='lE'i"'i"Y CAL.gH .... I(ARL:."I,I MOL::L_L F:'IETTY CASH --- MARY DLJGI)~L. PI-.I]]LL.1]I'-",~ WZHI? & SI'"ZF(T,S F:' ]1] IqI',IACL..E I) :['E..i;TF;: I::'F¢ ]: OF:: W ][I".IE QUAL.]]TY I,'JII',I['E 8; ~!~'T'AI:;: T'R Z D U I"IIE ,"i~'i"iEIEL.. TIECH I NC ~'~"f'lE ]] CI"tlEI'-IS ~.~"~I._IE~.~ ][ ~i~,-f'LJ F:.:i[) E]VAIq T / j O,~;IE F:.H ,c. :.; 'T'A F(C')EUF -- F:'R Z DLIEY U ~i; HES'T' COMMUI'-IICA'T':I]C)N,C.:; HOF;,'I...!) C I._ A :L:; ,~ A ~. C SMAI...t... ACIE HARDHAI::,'E ACH I1:. v E:.MI::.I'~I f CE]"I"f'IER ACME 'T'YF'IEWI7 Ii'FIEF:': A :1: D EL..E:CTR :1: C) Sti':.'RV' 3: [:::E:1: i',lC ALADD]:N I='O01.. ~: -'.":;F'A AL..L J::':l: F:.'.IZ 'T'ES'T' INC: AMIER:[CAI"-I F'I.J)E'q_.:EC WORI<,t~ A M I"": R :[ F:' F:.' :1::0 E A N D [:)I'-! AIqOKA COLJJ',ITY I...AW tENF'ORCE: A!'!OKA [.-;-I"Y '- CL=-NTt=C~L COMM ANO KA HE:I',II'-IIEP :1:1"4 'T'ECH COL. L. I':'~AF(NA C-)I..J'2.:Y ~: ,<.:;TIEF'F'E-:I'i LTD BATTEiTRY C::I'T'Y ]:I'-IC: .I:':~ALJEF~: ]:'<LJ:EI..T T:ER[=: &. :E~'T'TI=- :BtERht:I: C:I< AN!) L..I B :1: F:'F ' ,~, :[NC. :B:I:TLJH:[t'-IOLJS ROAI)W~Y.2-;, THC BI._ACK ~: I')IECI<EEI::,' Il,lC BOI'~IES'f'RO0 ROSEiNtE ANDEERI..]: I.::OYIER 'I'RUCK F:'ART,t~ CA'T'[.";O F:'AR]"~c~ ~c':;EEF(VICEE CIEN"i"RAL F'OWE:'F< DZ:~TRT. Z'~LJTO COMP t.J,~i~A .'[ t"lC; COMF:'UT'EI~ ,(~Y~'I"F:M F:'I'=:ODLJ[.";T,C.~ I) ROCK CEI"I'FE:F:: DAL..CO IEI~IT'f."-_F':F'F': :[ SI.'-:'~ :E I'-IC I)AhlKA OF'F:'F:'!CE tMAG]:NG CO DAN KO t?'Mt~E.F(GI!:'NCY LEQI. J Z F'MEN DAVE:S ,"!;PORT E~I"IOP 73.9 :~, 57 71956 12': 2 ,. 47 73.957 23 .. 70 719 :.~8 85 ,, 27 71959 100.00 71960 4 :, 594 ,, 00 71963. 219.50 71962 i, 987,,36 71963 23 :, 03. 1.74 71964 62 ,, ]/8 71965 1~''''z',9. 75 71966 45 ,, 76 71967 63.24 7 :L 968 120., 40 71969 3.0:.~ 87 7:L970 I :, 742 ,, 17 71972 8.10 71973 20 ,, 71974 420., 20 719 ,..., 198.90 71976 '1. :54 ,, 60 71977 32,, 71 71978 13,, ";' ;L 979 '"-"~ 00 7 ]. 980 41.6 '.".", 7 ]. 98.]. 4.26 71982 1,702 ,, 94 71983 848,80 71984 ~:I. 0 .. O0 71. ~::, :..'~ 6 :, ~?.C',:L, ,~-~.:~ 71..c;'~.)6 9 ~:,. --, 1 7198-.7 ,--,-,.- ,.- .:~ 71989 44 :..", ,, 56 71990 52':. :53 7.1.991 94 ,. 90 7:1.992 19,200.24 '7199~ 71994 149.12 71995 89.34 71996 ]. ,243.13 7].997 113.16 7 I. 998 9.94 71.999 '~'~ 72000 967.24 720~ :1. 100 '~"~ 72002 164.97 BRC F]]'4ANCZAI._ SYSTEM 05/].9/98 ].6:2 Check History 5/26/.1.998 COLJNC IlL. CITY OF- COLUMBIA HEIGH'F.S GL..D40R-.V05.20 PAGE 4 BAN K VE],IDOR CHECK NI..J MBEI::: AMOLJI-I'T' BAI'-IK CHIECKING ACCOUI,I'T' DEAL. ER ALJTOMOT]:VE SE"RV]:C F:' l"lAIq,t~Ol'l ASSOCIA'FE,% F:'ACTORY MO"FOR PARTS INC [300D MD/ DR GARY GOF'HEF( STATE ONE-'CAL. L. IN G]RAFIX SI'~OF'F'E HIL.L. TOP 'T'F(AII...ER SALES IN IKON OF"F:'][CIE SOLUT ION ];I'IDE]PENDIENT SCHOOL. DIST Z Iq TE R N A T I 0 N A I.. C R Y S T A L_ M F ]]NTEI:~STATIE DEYT'ROI T DIESE I F'C F'R l NT I NG J. lC':., HU~)SON ,.7US'T']]CE F:"I..ANI'IING & MGMT K MART KUSTOM SIGNALS ZNC LAGERQLJIST COF(F:'. L..AWN 8EIRVZCIE-SNOW REMOVA LE]EF BROS. LYI'IDE COMF'ANY MADI)EN & ASSOCIATEES/FRAN MEEI}TOX I..A]BORATORIIES, ZNC MENARDS CASHWAY I..UMBER-F METF(OF'OL][TAN COUNC][L WAS MZB'WAY F:'ORD MIDWIEST ASF'HAI...T CO. M][ NN BL. UE7 D JiG ]]TAL. MZNNESOTA COACHES MINNEE;OTA MULTI HOUSIt,IG MII'INESOTA F'I..AYGROUND ZNC M]:IqNESOTA SI"tREEDD I NG L.L_C MZNNESOTA SUN F'UBLZCATZO MN F']ERE SEERVZCE CERTIFIC I,IATIONAL FZRE I:'ROTECTION NOR]'H STAR PAINT & BODY NOI~THE]RN SANITARY SUF'F'I_Y NYSTROM F'LJBLISHING COMF'A OF:'F:' I CE DEF:'OT OF:'F' ! CETE]AM F:'AM O]]L. INC F:'HYSIO CONTROL. F:"F~OIEX F'HOTO SYSTEEM RADIO SHAE:K Fb~F:' Z T F'R IIqTZIq[3 .... F:'RZDLEY F(I...S I NC ROB][NSON COACH ZNC P,O~qI~NSON L.ANDSCAF'ING INC 72003 .1. 62.80 72004 1,7'-?5 ,, 75 72005 37.00 72006 i:100.00 72007 208.25 72008 758 ,, 89 72009 2.26 720 .1. 0 45.00 7201.1. 532 .. 50 ";~'~0 ] '" 28 ..... 0 72'.'012T. .1.0,6.1. 7;;'_'0 .1. 4 49.77 72015 ]., 209.89 72026 75.00 720:1. 7 3<f:, ,, 06 720.1. 8 390 ,, 40 720.1. -9' 842.00 72020 19.17 77.02.1. .1.88.82 '?2022 624,,39 7202;:3 60.1. ,, 00 72024 114 ,, 00 71.-'1011".5 .1.64,, 95 722026 ! 15 ,, 775. 811'. 72.01.".'7 26.84 72028 215.36 72029 66.45 72030 250.00 7203 .1. _1. 50.00 72032 7,245.87 72033 23.31 72034 .1. 54.00 72035 35. O0 720T56 :L .1. 5 .. 00 72037 43';. 62 72038 30.67 72039 4,851.09 72040 268.67 7204_1. ]., 320.00 72042 83.32 72043 _1. 68.00 72044 _1. 28 .. 56 72045 106.48 72046 152.08 72047 5,850.00 72048 :L 65 ,. 00 72049 530.08 BRC FZNANCIAL .~Y.~TliEI'I 05/19/98 16:2 Chec:k History 5/26/.1. 998 COUI'.IC Z L CZ]"Y OF'" COI..[JMB:I:A I-tlE:I:GHT,~ [BL540F;.'-V05.20 PAGE.:.' 5 BAFI F': V E':: N).') 01:;,' £,~t-tE:~C K NUMBEi:R AMOUNT BAN K Cl*'llii:C K :l:lq[:') ACCOUI'-I'T' ROYAL. TIRE: 8CHZNDI..I.:.':I'~ EI..li'.':VATOR CORF:' ,~;lii:l:~[:::O I... A B~,!; ~:.; :I:I..V[£RDA & A,t~,t~O[] I A]"E~,:~/DO SOF'TI~qlARE: TA:I:I..ORS; ,"i;'T' :[ C I(1_ E:'F~ / KAYF ~.~'T'l:~[i: :1: CI'.I[~:I::: [-~L.IN ' ,~i; :1: I',I[::/DCIN ~U)::'~UIR)BAN F'F~OF'ANI.E: ~,~;UBt..II:~BAI',t RUB~('.'~Ei:R S;"I"AMI::' [~;[JI::'E-]IR :!: OR F'ORD l NC, [;Y~,i;TEMS ~i;LJl::'I::'L.Y ZI'-IC. TOI~,II',t 8: COIJIqTRY OF'F'ZCI].": Cl.. 'TRACY I::'F;: I I',IT I FI[."; 'T'I::,'I.J [."; F~ I.~: I? I'-I CI'q.:_'Mt...A WI,t UI',t I I::'Ol:~M[i; UNt... ]: M Z'T'I!i:D Z NC VAI. JGI..Ilq D 1' ~.~I'"I...AY V :1: 1-(:1: hl£'; C/F'F:' ]: [:::Iii: I::'I:~OI)LJ[:::'T'[.) W ~: W [31.E:NI!~.RATOR RI~:BUZL. DI!.". I.,l~..l',d,l.l.l,l~.:~ I...]:TE:S Ol::' MZI',II',I, WZI::'I.::".IR[!; ~;: W:I:F:'i.:--,~; :I: I',!. [:,~ W[:)F~:[.') Plii:RF:'E:[:YT CORI::'/NOVEL. L. WY)3R :1.' 'TI~.: .'1: I,IC 72050 2,996.94 7205.1. .1.69.47 72052 :L 40.00 72053 3.1.8.40 72054 20.00 72055 282 ,, 89 72056 .1., 040.22 72057 .1.4 ,, 00 72058 13.32 72059 43 :, 528.66 72060 219 ,. 45 72061 3 :, 040.58 72062 213.56 72063 570.85 72064 324.22 72065 68 :L ,, 0 ~. 72066 54 ,, 87 72067 56 ,, 84 72068 28 ,. 56 72069 29.69 72070 27 ,, 97 7207 1 27 :L .. 58 587,154 ,. 6:t. **.*. CITY COUNCIL LETTER Meeting of: May 26, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: Fire Applications NO: 't'tt .-- ~ -' ~ DATE: May 13, 1998 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. COUNCIL ACTION: To: · From: Re: Date: Walt Fehst, City Manager Charlie Kewatt Rental Housing Licenses 05/13/1998 The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: March 1998 Property Address Permit # Occupany I.D. Property Owner Name 10024 Ruth Buchanan 4801 6th Street F2682 10027 Sharon McCoy 4135 4th Street F2715 10052 Robert Z$chokke 3823 Polk Street F2747 10069 Anne Binczik 5055 6th Street F2701 10075 Sally Degroat 4860 Monroe Street F2677 12001 Timothy Grams 4656 6th Street F2693 12003 Mark Dostaler 5103 6th Street F2674 12009 Jeff Graba 3906 Van Buren Street F2780 12162 Kathryn Hoefs 4303 University Avenue F2681 20057 David Lange 1207 Circle Terrace F2721 20123 Marvin $owada 1000 50th Avenue F2706 20124 Dean Olson 1005 50th Avenue F2688 20330 Ronald Smolik 4442 Tyler Place F2694 05/13/199 14:30 Page 1 Columbia Heights Fire Dept Re-Licensing Month: March 1998 Property Address Permit # Occupany I.D. Property Owner Name 20331 Ralph Johnson 4450 Tyler Place F2683 20397 City Of Columbia Heights 4642 Taylor Street F4642 30001 James Hoel 4255 Main Street F2704 30026 Irving Bassin 3969 5th Street F2710 30028 Douglas Jones 5100 6th Street F2716 30029 Barbara Overlien 631 37th Avenue F2742 30036 Ruth King-Smith 539 40th Avenue F2695 30041 Richard Caron 1020 40th Avenue F2707 30067 Samuel Mikre 3709 Jackson Street F2712 30094 Charles Gramith 529 Mill Street F2687 30098 Jim Horn 1036 Peters Place F2692 30106 Crest Veiw Corporation 4458 Reservoir Boulevard F2675 30136 Maynard Nielsen 4733 University Avenue F2708 34001 Richard Christensen 4310 3rd Street F2685 Charlie Kewatt, Fire Chief 05/13/199 14:30 Page 2 'JZo: From: Re: Date: Walt Fehst, City Manager Charlie Kewatt Rental Housing Licenses 05/13/1998 The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code, I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: April 1998 Property Address Permit # Occupany I.D. Property Owner Name 12004 Kimberly Wegener 5248 Washington Street F2761 12010 Roland Meyer 5234 Washington Street F2752 12011 Rita Egan 607 38th Avenue F2755 12012 Lisa Swanson 4530 Washington Street F2777 12013 Francis Walczak 4514 Washington Street F2714 12015 Donald Medchill 4600 Jefferson Street F2791 12020 Roger Hegna 5111 Washington Street F2775A 12055 TERRY ZAWADSKI 4657 Washington Street F2760 12056 Helen Abresch 4635 Washington Street F2735 12060 Kenneth Kronstedt 5242 Washington Street F2782 12065 Randee Arfmann 4535 Washington Street F2778 12066 Willam Franz 3830 3rd Street 2717 12197 Timothy Leland 5116 Washington Street F2729 05/13/199 16:03 Page 1 Columbia Heights Fire Dept Re-Licensing Month: April 1998 Property Address Permit # Occupany I.D. Property Owner Name 20012 Vickie Tierney 5252 Washington Street F2741 20173 Gerald Grote 4644 Washington Street F2767A 20174 Gerald Grote 4650 Washington Street F2767 20176 Willam Labounty 4654 Washington Street F2719 20177 Roger Hegna 5101 Washington Street F2775 20180 Kenneth Koster 5152 Washington Street F2748 20183 Darwin Peterson 5228 Washington Street F2734 20211 Donald Ferry 4536 7th Street F2790 20394 Donald Rudnitski 5115 Washington Street F2756 30002 Penelope Brown 3754 3rd Street F2731 30057 Doris Jorgenson 1480 47th Avenue F2773 30143 Haakon Oksnevad 3801 Van Buren Street F2785A 34003 Haakon Oksnevad 3729 Van Buren Street F2785 Charlie Kewatt, 05/13/199 16:03 Page 2 TO CIT~Y COUNCil MAY 26, ]99§ '*Signed Waiver Form Accompanied Application 1998 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LOCATED AT FEES BUILDING OFFICIAL *Advance Aluminum Supply *Cichy's Water & Sewer *Czars of Tar, Inc. General Sheet Metal *M & M Remodeling *Northern Asphalt Construction 7701 Main St. N.E. 22685 Nightingale St. N.W. 5860- 114t" Place N. 2330 Louisiana Ave. N. 893- 125th Lane N.E. 11064 Raddison Rd. N.E. 40.00 40.00 40.00 40.00 40.00 40.00 SINGLE EVENT CLUB ON SALE BEER POLICE DEPARTMENT *Col. Heights Lions Club Steven Knoll, Pres. HusetPark May 31, 1998 REQUEST FEES BE WAIVED POLICE DEPARTMENT *Col. Heights Lions Club Steven Knoll, Pres. Huset Park June 24-28, 1998 In conjunction with Jamboree REQUEST FEES BE WAIVED CARNIVAL POLICE DEPARTMENT *Gregory S. Hughes d/b/a Family Fun Shows Huset Park June 24-28, 1998 In conjunction with Jamboree 9200.00 SOLICITOR/PEDDLERS POLICE DEPARTMENT *Amber Lea Meyers Member of Police Explorers, See attached letter Within the City REQUEST FEE BE WAIVED *Christine Marie Small Member of Police Explorers, See attached letter Within the City REQUEST FEE BE WAIVED *April Francine Kraft Member of Police Explorers, See attached letter Within the City REQUEST FEE BE WAIVED *Christine Denise Okerstrom Member of Police Explorers, See attached letter Within the City REQUEST FEE BE WAIVED license.ag COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: Mayor Joseph Sturdevant and City Coun~Members Thomas M. Johnson, Chief of Polic~x~v~ Request to Waive Permit Fees DATE: May 20, 1998 The Columbia Heights Police Explorers are planning a candy sale in order to raise money for their trip to Washington, D.C. and the National Explorer Conference. Since they will be going door to door to sell the candy, by ordinance they must obtain a permit first. Because the Explorers are a nonprofit organization, we are requesting a waiver of the fees associated with this permit. Your consideration of this waiver is very much appreciated by the Explorers and the Police Department. TMJ:mld 98-176 ' LIONS CLUB:i:. , MN 55421 ,,i.'" ..... ia'i':" :' ::>'.. ' 5::~.;;' .~la)or, in behalf of Columbia Heights LMns Club · would like to have feeSfor 3.2B~er'~iCense be waVed for Bobby and St~es, May 31rst, 1998 and Columbia Heirs Lio~ Jamboree, June 24th, thr~ June 28th 199& Jefferson Building, Hunset Par~ Thanks Secretary Lion Steven J. Knoll Columbia Heights Lions Club - Vge Serve CITY COUNCIL LETTER MEETING OF: MAY 26, 1998 AGENDA~SECTION: ORDINDdqCES & RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO : '~ ADMINISTRATION APPROVAL ITEM: VACATE ALLEY ORDINANCE SECOND READING JOSEPH HOLLMA/q NO: ~' ~ 'l DATE: FLAY 12, 1998 This is a second reading of Ordinance No. 1373, an Ordinance vacating a portion of an alley located in the Central Avenue Subdivision and the Spain's Addition. This is in conjunction with the development and re-plat of the area at 37tn Avenue and central Avenue N.E. to be called BOBBY AND STEVE'S AUTOWORLD. The Public Works Department has looked at the alley and has no objections to it being vacated, WITH THE UTILITY EASEMENT REMAINING IN PLACE. The City will consider access to the North-South alley from Reservoir Boulevard as part of the new BOBBY A/CD STEVE'S AUTOWORLD plat. This is the second reading of Ordinance No. 1373, the first reading was held on May 11, 1998. RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1373, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1373, an Ordinance Amending Ordinance No. 853 City Code of 1977, Vacating a portion of a Certain Alley. COUNCIL ACTION: jane .~\leg~l\alyvacat. ltr ORDINANCE NO. 1373 BEING AN QRDINANCE AMENDING ORDINANCE NO.853 CITY CODE OF 1977, VACATING A CERTAIN ALLEY The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: That part of the alley found within the plats of CENTRAL AVENUE SUBDIVISION and SPAIN'S ADDITION, Anoka County, Minnesota lying between the easterly extension of the northerly line of the South 41 feet of Lot 9, said CENTRAL AVENUE SUBDIVISION and the northwesterly right of way line of RESERVOIR BOULEVARD, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: May 11,1998 Second Reading: Hay 26, 1998 Date of Passage: Hay 26, 1998 Offered By: Pete r so n Seconded By: Sturdevant Roll Call: A1 ] ayes Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor Janeg\lega~alyord 1373 CITY COUNCIL LETTER Meeting of: May 26, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S ~ CITY MANAGER ' S APPROVAL NO : ITEM: RESOLUTION CONSENTING TO SEPAP~ATION OF BY: LINDA L. BY- · US WEST COMMUNICATION AND US WEST MEDIA DATE: 5-22-9~ /~ [ DA GROUP NO: As you recall, in January, 1998, the City Council approved the transfer of ownership from US West to Charter Communication. US West had been forced to divest itself of the Minnesota Cable Systems due to federal restrictions regarding the purchase of cable systems in regions where the purchaser was the provider of the telephone service. However, during the Charter review process, US West filed a petition with the Federal Communications Commission, requesting an extension of the cable system divestiture time period to July 31, 1998. This request was made as US West decided to undergo an overall restructuring, which would separate its telephone operations from its cable operations. On February 26, 1998, staff received notification that the Cable Service Bureau of the Federal Communications Commission, granted US West's request for the extension of the cable system divestiture period to July 31, 1998. The separation of US West Communications and US West Media Group requires' many approvals, including franchise authority approval. At the joint meeting of the Telecommunications Commission and City Council held Thursday, May 21, 1978, staff and cable legal counsel for the City (Tom Creighton), presented information as to the legal, financial, and technical qualifications of Media One Group. After reviewing the information presented, the Commission passed a motion accepting the report of Attorney Tom Creighton and recommending to the City Council consenting to the separation of US West Communications and US West Media Group, subject to: 1. Execution and delivery of a letter reaffirming the Corporate Guaranty from MediaOne Group in a form and substance acceptable to City; and 2 o Execution and delivery of a copy of the Separation Agreement detailing the understandings and agreements between MediaOne Group and New US WEST subsequent to separation, the inclusion therein of non-competitive agreements shall void this approval and consent as of the date hereof; and 3 o Compliance with all federal, state, and local government orders, decisions, authorizations, or approvals relating to MediaOne Group's ownership and operation of the system; and Successful consummation of the transaction as described in the SEC Form S-4, including receipt of all required regulatory and shareholder approvals, on or before July 31, 1998, with written certification that the transaction was consummated in materially the same manner as indicated in the SEC Form S-4, In the event closing does not occur prior to this date, the City's consent to transfer shall be deemed to be withheld. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 26, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: RESOLUTION CONSENTING TO SEPAP~ATION OF BY: LINDA L. MAGEE BY: US WEST COMMUNICATION AND US WEST MEDIA DATE: 5-22-98 DATE: GROUP NO: Page 2 5. Reimbursement of all reasonable fees incurred in the City's review of the proposed transactions. Attached is the summary and analysis of the proposed transaction regarding the separation of US West Communication and US West Media Group. RECOMMENDED MOTION: Move to waive the reading of Resolution 98-47, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98-47, being a resolution consenting to the separation of US West Communications and US West Media Group. COUNCIL ACTION: RESOLUTION 98-47 RESOLUTION CONSENTING TO THE SEPARATION OF US WEST COMMUNICATIONS AND US WEST MEDIA GROUP WHEREAS, the cable television franchise (the "Franchise") of the City of Columbia Heights CCity") is currently owned and operated by Group W Cable of Columbia Heights, Inc. ("Grantee") which is indirectly but wholly-owned by US WEST, Inc. ("USW"); and WHEREAS, USW's Board of Directors has voted to recommend restructuring USW into two completely separate, unaffiliated companies and USW's shareholders are expected to vote on such restructuring at the next annual meeting of shareholders; and WHEREAS, the restructuring, as more fully described in the SEC Form S-4 Registration Statement filed by USW-C, Inc. on behalf of USW ("SEC Form S-4"), which is incorporated herein by reference, will result in the formation of New US WEST, Inc. (to be renamed US WEST, Inc. and referred to herein as "New US WEST") and MediaOne Group, Inc. ("MediaOne Group"); and WHEREAS, subsequent to restructuring, Media One Group will own and operate substantially all of the cable systems currently owned and operated by USW, along with certain other businesses, and New US WEST will own and operate the fourteen (14) state regional bell operating company telephone business currently owned and operated by USW, along with certain other businesses; and WHEREAS, subsequent to restructuring, MediaOne Group will wholly own the Grantee and New US WEST will have no interest in the Grantee; and WHEREAS, this restructuring will impact the technical, legal, and financial qualifications of USW, and is subject to review and approval by the City pursuant to federal, state, and local law, and the Franchise; and WHEREAS, USW has requested the City's consent and approval for this restructuring and has filed documentation related thereto ("Request"); and WHEREAS, the City has previously consented to ownership by USW upon certain conditions, including the provision of a Corporate Guaranty; and WHEREAS, the City has reviewed the Request including the SEC Form S-4, has solicited, received and reviewed certain other information and responses from USW including certain IRS rulings, a draf~ Separation Agreement and FCC Orders, and has procured, received, and reviewed an analysis of the financial impact of the restructuring; and WHEREAS, Media One Group will guarantee all Franchise obligations pursuant to a reaffirmation of the Corporate Guaranty currently provided by USW; and WHEREAS, no notice of breach or default under the Franchise has been issued by City or any of its Member Municipalities within the past 12 months and none is outstanding; and WHEREAS, the City has determined that subject to certain conditions which must be met, MediaOne Group possesses the requisite minimum legal, technical, and financial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the restructuring of USW into two separate companies-MediaOne Group, Inc. and New US WEST, Inc. is hereby approved and consented to by the City and permitted conditioned upon: Execution and delivery of a letter reaffirming the Corporate Guaranty from MediaOne Group in a form and substance acceptable to City; and Execution and delivery of a copy of the Separation Agreement detailing the understandings and agreements between MediaOne Group and New US WEST subsequent to separation, the inclusion therein of non-competitive agreements shall void this approval and consent as of the date hereof} and Compliance with all federal, state, and local government orders, decisions, authorizations, or approvals relating to MediaOne Group's ownership and operation of the system; and Successful consummation of the transaction as described in the SEC Form S-4, including receipt of all required regulatory and shareholder approvals, on or before July 31, 1998, with written certification that the transaction was consummated in materially the same manner as indicated in the SEC Form S-4. In the event closing does not occur prior to this date, the City's consent to transfer shall be deemed to be withheld. Reimbursement of all reasonable fees incurred in the City's review of the proposed transactions; and BE IT FURTHER RESOLVED, that MediaOne Group may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including the Franchise to any lender providing financing to Media One Group, from time to time. Passed this 26 day of May ,1998. Offered by: guett imann Seconded by: do 11 y Roll Call: Al 1 ayes Joseph Sturdevant, Mayor JoAnne Student, Council Secretary 05-14-199B 14:4~ B1254~100~ BERNICK & LIF$ON TO: I~OM: Rt~: MEMORANDUM Currently Served By Moredith Cable aud K~r,~ Videoca~(~~ Clients a~l Media Crroup DATE: May 14, 1998 FINAL REPORT, ANALYSIS AND CONCLUSIONS PleaSe f'md below a summary and imalysis of the proposed transaction regardi~ the separation of US West Communications Group (hereim_ffer "Commuakatiom Group") and Media Group 0meminafter "Media Group"). US West ~ed a r~quest for cons~3t to resu'ucture the corporation and s~rat~ thc Communicafiom Group and the Media Group. Iu sub~tance, the request is a modified Federal Commuuications Commission Form 394 ('FCC 394') which i~ dataxi Mau;h 11, 1998, and which wa~ received by the various Franchise Authorities (hereh'~l~er 'Authority" or 'Authorities") on or about March 12. As discumm~xl below, the ~raumaction is not tl~ conventional transfer of ~5-14-199~ 14:44 ~1~54~1~0~ ~ERNICK & LIFSON P.06 MEMORAIxIDUM May 14, 1998 Page 2 ownership, t]zr~for~, US West, Inc. (hereimP. cr "US West"), fl~e c~ co~m~ o~ of · e ~s~ ~ ~on ~ to ~e a m~ FCC 3~. As you r~l, ~e Au~fi~ ~ve ~ ~c gr~r p~ of ~tely appro~ ~e ~ of o~rs~p ~m US West to ~er C~cafiom. US West ~ ~n fo~d m ~st i~elf of ~ Mi.~som sys~ d~ to f~era res~ reg~ ~ p~ of cable sy~ ~ mgiom where ~e ~r w~ ~ ~der of telepho~ ~ce, It shoed be ~ ~t ~ou~ ~e W~com~ sys~ were not ~g~y · ~ sysm~ ~e clus~ wi~ ~ ~s~ sys~ by ~ ~ble c~. ~ ~ Char review p~ss, US West dete~i-~ pl~ to sep~ate ~e ~l~ho~ o~~ ~om ~e ~ble ~om (ao~ wi~ o~r ~1 ms~c~ not ~y ml~am to ~ ~ ~ys~). ~r mom ~ ~ffici~t legal ~~ at ~ F~ C~~ C~si~ ~~ "F~"), ~ ~, .~ ~f~ n~~ Au~ori~s, US Wea p~ ~ i~ ~sifion ~t ae pro~ c~ ~a~on ~ow~ ~ M~o~ ~s~ w ~ ~ ~ o~ of ~ ~ ~p s~ it w~d · ~ io~ ~ a p~ of ~ ~e ~my ~ ~ "p~ F~al law pmvi~s for a 120 Oy renew ~ ~ ~ ~ of ~t of FCC 3~, toge~ ~ ~ e~bi~ ~ ~y ~~ ~~ ~ by ~e ~ of ~ F~ A~m~t or o~ve sram ~ 1~ law. Howev~ ~ FCC ~ ~t US We~ co~l~ · e ~~ ~on on ~ ~om ~y 31, I~8. ~h lVIEMO~~ May14,1998 Page government approvals, including Franch/se Authority approval, but also sharehol~r approval, US West has scheduled a meeting of its shareholders for Iune 4, 1998. Therefore, although not requir~ by law to do so, we have attempted ~o and expedite this review. In stark comparison to the recent Charter/US West review of transfer of ownerstfip, US West has cooperat~ by forwarding to this office in an expeditious manner the information requested to conduct tlfis review. We have agreed to attempt to complc'tc our review and present our recommendations to the various Authorities on or before Sune 4, 1995. That being sa/d, you as a Pram:h/sing Authority should take as much time as you deem necessary (albeit within the l:ederal 120 day restriction on your review) to familiarize yourself with the transaction and to be comfortable that the proposal meets th~ standard for review discussext below. The purpose of th/s rgport is to prey/de the Authorities with an understanding of the Wamaction and the standard for review. INTRODUCTION At the time of awarding the or/gim~ Cable Corrmum/cations l~ranch/.se and in subsequent transfers of the Franchise, the Authorities considered and approved the techn/cal ability, 6na'~'~ iai capacity, legal qualifications and character of the original and subsequent owners of the cable system, as well as other appropriate factors. The~ same qualificatiom are to be considered and review~ by Authorit~s ~s part of the review of the proposed separation of the Communications Group and the MedhOne Group. 14:45 ~1~54~10~ BERNICK & LIFSDN P.~B MEMORANDUM 1Vl~y 14, 1998 Page 4 The sources of information used in examining these factors included: 1, Thc modified FCC ~94; 2. F. xlu'bits to the modified FCC 394 (/ncluding s~y th~ ~-'urities and Exchange Commission Form S-4 Registration Starcraft-Proxy); 3. Th~ current Fran~Mse Ordinaa~; 4. Various FCC rules and regulations regarding cable co~~don syst~ns; 5. US West's Respomc dated May 12, 1998, to our letter of lVlay 5, 1998, rcqu~ ma~rmation of existing corporate guarantys ~__?~1~ previously submitted ~nswcrs to the Request for Acktitional Information Regarding Request for Approval of Transfer of Control (h~eimficr ~Rcqucst for Add. oral Info--on") submitted by US West during tl~ previous transfg from Meredith to Contin~ttal to US West. (All of thc above made a part hereof and incorporated herein by reference); and 6. IRS I.~tt~ Ruliag (Index No~. 0332.00 and 0355.00) aml draft S~paratiea Agreament received under cover Ietter dat~l May 8, 1998. All levels of govemm~at have or may have jurisdiction to r~view pertions of such tramactions. The local fran~hi~, Minnesota stat~ law, ~ law and FCC rul~ all al~ly to ,his transaction. TI~ Authorities' Fran~his~ r~quir~ that the Authorities r~vi~w the tramactioa § 238.083, provid~ that tI~ lecal franc~ing authority must ¢omid~r a writt~ mtuest to approve a transfer ef ownership, axed th~ f:ratr..h~ authofi~ cann~ um'easonably withhold ~uch approval. Mirr~sota law also arguably requires a shorter review period than the federal 120 days. In any event, we have previously opined that it is more probable t_~_~._ not that the federal statutory time of 12~ day~ preempts those state statutory time ~ which are inconsistent with the federal time lines, US Wes~ has waived any objection to the review process of Authorities and an.v state review ~melille$ which may have conflicted with state procedural timelines. See Exhibit 1. STANDARD OF REVI~'W The Authority's task in this process is to review the information provided regarding the transaction and to approve or deny the transaction. The Authorities have the express right to approve or disapprove such a transa~on. The standard of review is that the Authority's consent shall not be unreasonably withheld. Nor the purpose of fleterrnini~g whether it will consent to the transaction, the Authority has attempted to make inquiry into the legal, technical ~ financial qualifications of US West as it will be configured alter the proposed corporate separation takes place. The Authority may also consider any other appropriate factors in this review. In analyzing the tmn.saction, the Authority must consider whether US West as it will be configured after the corporate separation meets all of the criteria originally considered in the granting of the F~. Note, however, that this analysis is not a comparison between US West prior to and US West ~ the proposed corporate separation. Rather, this analysis is an application of factors to determine w~ the post-separation US West satisfies the standards tn the reasonable sa~faction of the Authorit7. MEMORANDUM May 14, 1998 Page 6 The Authority should focus on the following factors in determ/ning wh~t.b~ to approve or d~ny tke transaction: I. Legal and character qualifications of the post-separation US West, 2. Technical ability of the post-separation US West, its operating subsidiary and staff; 3. Financial stability of thc post-separaZion US West and its operating subsidiary; and ,/. Other appropriate factors. This office has conducted a review of all relevant materials on b~half of the Authorities. This report is a "shorthand' rynth~is of that r~vi~w in an attempt to full>, inform th~ Authorities without overwhelming the decision.making body with detail and mireatia. Obviously, ottr review extended beyond thc ~mmary of this report, and we will be available to further expam/on this summary should the Author/des have any questions. D_F, SC~PTION OE TRANSACTIO_N- US West is an international telecommunications company engaged in the telecommunications, broadband communications s_~ cable television, wireless communicatiom and directories busi~sses. US West is locally known primarily as a regioIlaI bell company providing local telephone and exchange access services in its fourteen (14) stau~ region which incl~ldes Minnesota. In November of 1995, US West reswacttued its busine~ into two separate uaits: the Communications C-nmp which cawemly provides local telephone servi~ as a local bell operating company; and the Media Group which primarily opera~ ti~ US W~t cable television operatiom, 05-1~-199B 14:4~ ~1~5~1~ B~RNICK ~ LIFSDN P. ll MEMORANDUM May 1~, 1998 Page 7 wireless communication systems, a~ directory and information services. Tl~e two US West groups were created to allow investors to trade in distinct classes of 'target' stock which separately reflect the different business lines of the groups. Both the Communications Group and the Media Group currently do business through subsidiaries of US West. However, investment in either of the ~roups is technically investment in a single corporate entity- US West- which is effectively a holding company for the two business groups and the many subsidiary corporations within those groups. For example, the cable operations within the Media Group are provided by MediaOnc, Inc., a wholly owned subsidiary of US West. Accordingly, MediaOne, Inc. ami its parent, US West, are the owners of the individual, local franchise-holding corlmrations (Group W/North Central, Continental, or King franchisees). On October 27, 1997, US West announced that it would separate the Media Croup and the Communications Group into wholly independent, publicly traded companies (Im'einafter 'Separation'). The Separation is technically structured as a spin-off of the Communications Group. The assets and businesses of the Communications Group are to be transferred to a newly formed corporation named New US West, lac., which will subsequently be rmmm~ US We. st, Inc. (hereinafter "New US West'). The Media Group will be merged into the existing holding company parent, US West, taxi witl thereafter be renamed MediaOae Croup, Inc. (hereinafter as "MediaOne Group'). However, the local cable systems subject to the Authorities' juriadiction will continue to be directly operated by existin8 subsidiaries, and the franchise holders will not MEMORANDUM May14,1998 Page 8 change. ~te corporate pam~t, may change as pan of tlz Separation in thc layers between MediaOne Group and North Central Communications Corporation, King Videocable-Minnesota, Inc. or Continental Cablevision of St. Paul. A~ a result of the Separation, holders of the Communications Group "targeted" stock will receive one share of New US West common stock for each share of Communications Stock held. Holders of Media Group "largeted~ stock will retain their shares (which ~ the S~zparation will represent shares of common stock in MediaOne Group), and will receive a fraction of a share of New US West common stock to compensate for the realignment of the Ilex business. Pursuant to the Separation, D~x, the domestic clir~ctories business currently of the Media Group, will be transferred to New US West. In addition, the wireless businesses of the Media Group will be sold to AirTouch Communications, Inc. for approximately $5.7 billion. Af$er Separation, New US West will have approximately $9.8 billion of debt and MediaOne Group will have approximately $7.3 billion of debt. MediaOne Group's debt will be reduced by approximately $1.5 billion upon consummation of the AirTouch acquisition of the wireless operatimxs. US West indicates that the Separation is intended to "take advantage of the comt~itive oppormnil/es available to the companies as separate entities and increase the flexibility of MediaOne to offer a full range of services over its enhawed broadband network", Previously, many conullt~cations companies, includln,.v US West, ptlrsucd a convergence strate~, whereby' it was believed that s single wire owned by a single company could provide a wide variety of May14,1995 P~e9 telephony, broadband, internet and data transmi.~ion services. Although that vision continues to be pursued by many companies in t~ long term, US West has determined that the current technology, marketplace and regulatory arena have diminished the possibilities for direct cooperation by the Conmatm/cations Group anti Media Group. The Communications Oroup and the Media Crroup are currently irnplementing strategies bas~l on distinct technologies, separate sets of customers and different regulatory environments. US West has determined ttmt tt~se ~ategies can be more effectively pursued ff not constrained by a single corporat~ structure. Given recent news of acquisitions and mergers involving the "baby bells" inclucting the merger of Pacific Telesis and SouthWestern Bell into SBC, the propose, ti merger of SBC and Ameritech, and the previously propo~ merger of Bell Atlantic and NYNEX, among others, it appears that the Separation may be intended to make the Communicatiom C~roup a mom amactive target for acquisition. The Commu~eatiom Cn'oup's value may be increased by business lines which arc not dir~tly related to local telephone service and which are subject to greater commotion and larger risk. Obviously, that strategy Ires not been ~dressed in the modifi~l Form 394 and is speculative. The &.~l:~ration will be implemented pursuant to the ~ of a ~ration Agr~ment "Separation Agreement") to be entered into between US West and New US West. We have _received and reviewed a draft copy of the Sopara6on Agreement. In ~dition, the transaction is detailed in the $t~C Form $-4 which is in~ in tt~ modified Form 394. A chart showR~ 05-1~-1~98 1~:~ ~1~5481005 BERNICK ~ LIF5ON P.i~ ~-.,MO~UM May 14, 1998 Pa~e 10 current own~h/p/control su'ucture of ~c c~ ~ a~ h~o ~ ~bit 2, A p~t- ~fion c~ h a~ ~eto as ~bit 3. L~G~ ~UA~CA~ON8 ~ew of ~e legal ~fiom ~volv~ ~ysis of whir subsides ~ ~e"~ of o~Mp" of ~e Au~e~' F~s ~, ~s review ~volv~ ~ysis of co~e ~ ~ FCC ~s ~ w US Web's o~Mp of ~e Au~ofifies' F~s ~d ~e cable sys~ o~ ~res~fiom primly ~de by pre-~tion p~vious a~rov~ of US West ~ ~r of ~ sys~, la~ ~f~ of ~e I~ ~leph~ ~ ~x ~s~s~ ~ US We~ ~ N~ U8 West ~ a iVIEMORANDUM Ma), 14, 199~ Page 11 hwfuI name change from US West, I~. to MediaO~ Group, Inc. Ownership of the Franchises at the local level will not change. Accordingly, while a transaction of this magnitude clearly con,qtitute~ a "fundamental corporate chsn~e" requking the Authorities' con.sent pursuant to state and local law, no new corporation is to be created ~_r~l_ US West and its Franchis~-holdLng subsidiaries, both before ,nd after Separation, are lawfillly organi~txl and gen~rally authorized to own cable franchises. However, additional issues must be considered in review of the legal issues implicated by the Separation. In l~articular, US West currently owns the Franchises pursuam to certain special requirements and limitations. Pursuant to applicable federal law, US West was not authorized to acquire and own the local cable systems absenI special permission from the FCC due to its status as the local regional bell operating company (with r~pect to the Minnesota Authorities). The purpose for this federal restr/etion was to assure that regional bell operating comtyanies could not impede or block the emergence of new cortlpetifion within their local phone regions by buying-out local 'in-region' cable system. Congr~s believed that independently owned cable systems could potentially provide local phone service competition. US West filed a Petition for Special Relief with the FCC requesting temporary 18 month relief from these federal restrictions to allow the company to temporarily own the Minnesota systems as part of a much larger merger with Confinvalal Cablevision, then the third largest cable operator ~ the country. US West tvpr~ that it would promptly identify an um/fflhted buyer and divest the Minnesota systems. A number of the Authorities opposed mi, Petition on ~5-1~-1988 1~:48 61~5461005 BERNICK ~ LIF50N P.18 MEMORANDUM May 14, 1998 Page 12 the grounds that such relief could only be obtained pursuant to the Telecommunications Act of 1996 which expressly requires the revkw and approval of the Authorities. The Authorities were concerned that even temporary ownershi~ of the local cable systems by US West, particularly during negotiations to renew the Franchises, could have anti-competitive affects. Notwith~, on October 18, 1996, the FCC gran~ the relief request~ by US West pemfitting temporary ownm'ship of the local systems ('Order I'). US West subsequently contracted with Charter Communications to sell the system~ in complian~ with Order I. Shortly thereafter, US West determined to effe~ the Separation and petitionecI the FCC to authorize MediaOne Group to retsi,~ the systems. As part of this pe~on, US West requested that the FCC grant it additional time to complete the Separation. The FCC granted this additional relief on February 26, 1998 ('Order H'}. The FCC's Order II requires US West to complete the Separation by no later than Suly 31, 1998. Consistent with the intent of federal law aud the express requirements of Order I and H, the Separation must ensure that lVledlaOne Group arid New US West are Ilot permitted to collude in liny way to preVellt or limit compe~ ~ the COHlpmlies wi*d1 respe~ to any services in this market. The Authorities, therefore, way appropriately consider the affect~ and potential limilmions on competition ~ MediaOne Group mxt New US West which could result from The SEC S-4 illdicates that MediaO~ Crroup and New US West w/Il have ¢Otllpl~ly separate Boards of Directors, separate groups of shareholders, and setmrate assets and facilities. May 14, 1998 Page I3 These factors strongly suggest that the corporations will, in all relevant ~Sl~e~, be whony independent. General corporate law principles require that the separate Boards of Directors fully pursue advantageous corporate strategics for the benefit of shareholders including competition between the previously affiliated entities. However, unlike most independent publicly traded companies, parts 'of the relationship between MediaOne Group and New US West will be governed by a Separation Agreement. MediaOne has specifically represented that the Separation Agreement and ali other agreements which will result between the companies make no reference to competitive issues, impose no con~u-ain~ or restrictions on comp~don be~:ween the two comp~, and will Imve no impact on competition be~:ween the two companies. In fact, MediaOne Group has ~t'eady mmounced that it will begin providin~ certain services ~n competition with New US West in mid-19~8. Me~isOne Group specifically repmsems tl~t no ~ will be i .mpos~ with respect to any mark or lin~s of business. Even as currency as the date of this Report, New US West h~s announc~ high speed data service in a move to compete with and preempt the offering of the same service by MediaOne Group in this market. Accordingly, we conclude that no anti-competitive results are likely and the goals of the 1996 Act and Order I and Order II should be met in the even~ the In order to co~/rm that the Sepm'~tion is consummat~l ~s proposed, we recommend ttmt the Authorities require as a condition of any Coment Resolution that MediaOne lrrovMe a certif'~cation which warr~n~ that r~he Separa~on ha~ been com'ummat~i in mater/~y the ssme 05-1~-199~ 14:~9 G1~5481~0~ BERNICK & LIFSON MEMORANDUM May 14, 1998 Pag~ 14 ma~t~r as indicated in the SEC S4. In addition, we r~commo_ud that MediaOae be r~luired to provide an executed copy of th~ Separation Agreement and any related agreement or contract upon execution of the same as a condition of any Consent Resolution and that any a.~ticompetifive agr~tneat the~in would void any Authorities approvals, retroactive to th~ date of such approvals. We further recommend that any Consent l~solution be expressly conditioned upon US West completing tl~ $~paration, including obtaining all federal, state and local regulatory approvals and shareholder approvals, by 1uly 31, 1998. Notably, US West indicates that substantially all regulatory approvals have been obtained and that a shareholder vote r~garding Separation is scheduled for ~Iune 4, 1998. CHARACTER 0UALI'FICATION~ Legal counsel for US West has reaffirmed with respect to MediaOne Group the previous responses to our lkqueat for Additional Information in,~hich US West represented that it had not been convicted in a criminal ~ relating to any of the usual inquiries regarding cbaxactcr. The character qualifications of MexilaOne Crroup, as well as the individuals involved, are satisfactory. Based upon our review of the information provided and reaffmned, it would appear that the Authorities could not reasonably withhold approval of the tmnsa~on based on the legal or ¢lx~-acter qualificatiom of MediaOne Group or its pri~ipals. ~5-14-1998 14:49 61~546100~ BERNICK ~ LIFSDN ~.19 M~MORANDUM May 14, 1998 page 15 TECHNICAL ABII.rl~ The technical ability factor relates to the technic, al expertise and experience of MediaOne Group in operating and maintaining a cable system. This analysis focuses on tim current and former experience of MecliaOne Group. Current US West experience is mostly limited to that which it has acquired since taking over the operatiom of tl~ systems previously h~ll~d by Continental Cablevision. This experience b not inconsequential, however. US West, since acquiring ~e Continental systems, is one of the nat/Oh'S largest cable operators. We have co~ numerous systems around the country which have been operating under the control of US West s/nc.~ the Continental merger ,_~v.d. have found the performa~e of the local operators to be acceptable for the purpose of ti'ds analysis. We have also met with representatives and top management of the MediaOne Group while not overwhelmed by some of their direct knowledge of cable as a specific industry, were satisfied that they have retairmi or acqu/red management in the ne.~e,~ary top-level technical positions that ModlaOne Group will be able to perform at an acceptable if ~ot super/or t~hnicaI level in the foreseeable future. Of particular concern to most of the Authorities has been rt~tent/on of the local mamgement. Inquin~ were made a~ to local mamgemant. Although such questiom always elicit the cave~ that the company reserves the right to make any mamg~ chang~ it de,-ms appropriam for lmsin=ss ~, we have been advised, until such time as a re~sombIe of local ~ can ~ undertaken, Mr. Griffin and Mr. Commers will remain as local MEMORANDUM May 14,1998 Page,l, 6 .... positions. former Continental, King, and Meredith systems. However, of most concern i~ that some local presence and management be retained. It appear~ that the ~gional structure employed by MediaO~ Crroup will ~ult in a local mamgem~ greser~ in the Twin Cities metropolitan area. The pm-Separation US West, one of the "baby bell's~ created by the divestiture of AT&T, provide~ t~lephony r~rvices in a 14-state region. The Communications Group is one of the largest mtecommunications services companies doing business in thc Unite4 States. However, it is this entity which will be primarily ~pua off in the ~garation. In addition to the Communications Group, in 1995 US West also provided cellular telephon~ ~rl'vice to 1,500,000 subscribers and cable telephone service to 527,000 subscribers in Atlanta, Gcorgh. This busines~ was divested from US West, effective April 6, I998. Therefore, any financial or tectmical support which this entity might have offered MectiaOne Group has been divested. While this presents concern regarding MediaOne Group's ability to compete in the cellular or PCS business, such concerns do not comtitute a reasonable basis/:or withholding approval of this tramaction. US West, since 1989, has provided both telephony and telephone service in the United I,:t~dnm through itt ~hip as TeleWest Commun/~ons. TeleWest has become the world's largest provider of combined cable t~levision and elephone service. In addition, US West offers MediaOne Group has responded that they have no current plans for changing staff It is assumed that the company will eventually consolidate local managemem from the 05-14-1998 14:50 Mt3MO~~ May 14, 1998 Page 17 its cable/telephone ventures in the Netherlands, lapan, the Czech Republic anti Malaysia. It is our understanding that the international division will remain a part of MediaOne Group. Since the vasi majority of the day-to4ay concerns of the Authorities are handled by the local mat~ement, and that management team has proven since US West's ~aisition of the local systems, albeit for some t/me tenuous, that they are responsive to local Concerns and lmve performed acceptably and in some situatiom even admirably in the realm of tech~cal concerns, it can be assumed that at least in the short term, such acceptable teghni¢lil l~l'formallge will continue. Additionally, ill order for MediaOne Group to achieve ultimum cornpe~five advantage, they will have to perform of the highest technical Ievel for the foreseeable future. Further, MediaOne Group has represented and assured the Authorities on numerous occasions that they are not only ready willing and able to compete in the general ~srke~lace, but plan with great a~icipation to compete aggressively, head-to-beaut with its former sister company, New US West. US West has reaffmned its reply to the Request for Additioml Information by stating that it will comply with ail ICC technical stangards anti will comply with all current franchise r~quirements regarding the technology of the cable system. Based on our review of information provided, it would appear that the Authoriti~ could not reasonably withhold approval of the transaction on the basis of the technical ability of MediaOne Group, its management ~xl ~ principals. 05-14-1998 14:51 612546100~ BERNICK MEMORANDUM May 14, 1998 Page 18 FINANCIAL STA~r~.rrY The f'm~ncial stabflit~ factor relays to whe~ Meddle ~oup reso~ces ava~ble or co~ to co~ly wi~ e~ Fra~s~ ~~n~, ~g~d or to ~ ~g~a~d ~wed F~e ~~ ~lu~ ~ s~c sys~ reb~d ~s ~ r~m~om ~e by US W~, ~ w~ ~e ab~ to m~y ~e ~ F~ re~~ at ~e top co, orate l~el. Notably, ~s ~ d~ n~ ~clude a d~ compa~on of US West prior to S~agon US West ~st-~p~on. ~e loss of ~ C~m~ca~om ~oup, ~Ilu!~t ~ Dex ~v~ ~~ s~ of US Wes~~ Gm~ ~-S~tion. However, ~ o~rativc ~qu~ ~ whe~r ~e ~p~afion and ~lat~ co~ m~c~ m ~hes M~ ~'s ~ mb~ for ~ Au~ofi~es to wi~old ~e~ corm ~ ~e ~a~on. ~ ~ is ~~ by e~ M~Onc ~p ~ co~n wi~ ~er cable ~ators ~ ~. ~ Au~s' ~ coumcl ~ ~. ~ G. ~on of ~e Ceded ~ ~ ~o~on ~~ by US W~ ~lud~ ~t ~ ~ ~ SEC ~ w~ch y~s 1~, 1~, ~ ni~ m~ ~ ~m~r 30, 1~7 p~y ~t US W~t ~ ~ ~~ ~ New US W~t MEMORANDUM May 14, 1998 Page 19 applicable, the Accountant compared the assumptions and resultant financial projections with cable industry statistics and norms as compiled by Paul Kagan and Associates, Inc., a noted provider of cable ix~_stry f~nancial information and sn~!ysis. The ~ provided a cursory report. We find IlOthln.~ objectionable in that report, but must not~ that an extensive analysis such as that performed in the'review of Charter Communications for example has not been undertaken. The Accotalan~'s report speaks for it.~If, is incorporated by refer~r~ and is attached as Exhibit 4. In the prior transfer review whereby the Authorities ¢on.%*nted to US West's temporary ownership, the Authorities chose not to engage a separate financial ¢omultant to undertake a comprehensive review of this factor. While it was not possible to quantify US West's financial stability in that review because Continental Was being acquired (termed a merger) by a yet-to-be created corporate shell which had no independent assets, the Authorities' concerns were satisfied by provision of a top-level corporat~ guaranty. US West on behalf of MediaOne Group has agreed to provide a reaflSrm_s~tion of the US West Corporate Guaranty. The perform, ncc 8uaranty will continue to serve as a guaranty from MediaOne Group that should the operating entities be u~ble to fiflfill their franchise obligatio~s, MediaOne Group would assume respons~ility for franchise compliawe. If the Authorities chcos~ to consent to this transaction, the Ctmscnt Resolution will include a ¢olltillgcn~3t that MediaO~ (h-oup r~h'Yu'm the US West Corporat~ 14:52 612~461005 B~RNICK ~ LIFSDN P.24 lVIEMORA.NDUM May 14, 1998 Pa~¢ 20 Thtwefore, the only remaining relevant/nquiry i~ whctber a reaffirmation of the US West Corporate Cruaranty by MediaOne Crroup is sufficient. The Accountant's report indicates that MediaOne Croup exceeds hmktstry financial standards in some reSl:eC~S and falls m~rgi.~lly below certain other standards. However, it is important to note thc sh~r magn/tudc of MediaOne Group. US West is currently th~ third largest cable operator in the country based on number of subscribers. US West holds assets and has plant miles in service in the s~me__ league with the two largest cable operators in the Country - TCI and Time Warner - a~l tl~ir various subsidiary operators. In short, MediaOne Group will be among the largest cable operators in the country, and for that matter, the world. Frankly, even though the post-separation US West will have divested itself of the Communications Group, its telephone directory business, and its cellularfPC$ business, MediaOne Group will still present a formidable fln~_ricial picture. The new entity has received a credit rating from Duff & Pl~Ips of BBB. Credit rad-$s from Moody's and Standard & Poor's are expcct~ shortly. Standard & Poor's did issue a tentative credit rating in February of BBB. Thc company represents that it expects a cr~it rating which will be investment grade credit. Based upon our review of the information provided, it would appear that the Authority could not uarcasonabl¥ withhold approval of the tramaction based on the financial stability of MediaOne Group, provided that MediaOne Group agrees to comply with all local franchise requh'emm~, as it has done, and further that MediaOne Group reaffirms the guaranty of the performanc~ of its subsidiaries, previously given to the Authorities. MEMORANDUM May 1 $, 1998 Page 2 ! OTHER R~LEVANT FACTOR~ Other appropriate f~ctors which have bee~a reviewed for the purpose of determining whether to approve or deny this tr~__~.~¢tion are contained in the information received for our review. The most significant factor to be considered is whether the franchisee will remain intact and whether MediaOne Group will agree to comply with all exbting franchise requirements, promises and representations of its predecessors, i.ucluding the Memorandum of Understanding agreed to by Meredith and pre-separation US WesL US West reaffirmed on behalf of MediaOnc Group and res~ated that it will comply with all existing franchise requirements and obligations. US West on behalf of MediaOne Group has agreed to comply with all Memoranda of Understanding. See Gibbs letters attached hereto as Exhibit 5. Due to its reaff'n'mation of its responses to the Municipal Request for Additional Information in the previous transfer it can be concluded that US West has not proposed any modifications to the channel capacity or system design. US West has i~licated that MediaOne Group will comply with FCC technical specifications. MediaOne Group will seek to accommodate each subscriber's request for the location of drops and will restore property d~m~ged during an installation. MediaOne Group does not plan any new types of installation fees. MediaOne Crroup has agreed to comply with all underground installation policies as such are established in existin~ franchises. 05-14-1998 14:5~ ~1~54~100~ BERNICK ~ LIF~ON p.~6 MEMORANDUM May 14, 1998 _Page 22 Media~ G~up ~s ~ to co~ly ~ ~1 ex~ re~em~ reg~ ~blic, ~ucation~ ~ gov~nt a~ess ~ w~ co.ut ~nt c~l ~si~fiom for pubic ~adon a~ gove~nt a~ss c~. ~ co~se s~cc ~ ~g~l r~s ~ ~e ~s~ for Addi~io~ num~us Au~orifies ~ve prog~ssed wi~ ~e ~w~ ~g~om. ~m~ A~~ ~ve ev~ co~lu~ ~e v~t ~joH~ of ~h ~got~tiom. M~y s~ vok~ c~ ~g~ who ~ ~ ~ wi~ au~ f~ ~ ~~ holder. US West MEMORANDUM May 14,1998 ~age 23 iacun'exl in this nnnlysis. US W~st has ~y reimbursed the Authorities for the last analysis. Any r~solution approvi~ this transaction will of course need to be cont/ngeJ:t upon such fttrxh~ r~imbursement. As a result of the above analysis, ~ subject to th~ contingencies of the attac~ Resolution, there does not appear to be any reasonable basis for the Authority to deny the request for approval of the tram~on. ~5-1~-1S~8 1~:~ 61~5~6100~ 8ERNiC~ & LIF~ON P.~5 EXHIBIT 1 05-14-1998 14:54 Mar~h 20, 1998 lfm faczirnile fo $49-3465 and U.$, Mail Mr. $olm F. Gibbs, Esq. Robins, Kapla~, Miller & Ciresi 2800 LaSalle Plaza 800 LaSalle Ave. Minneapolis, MN 554.02-2015 Request fa Approval of Corpor~e Re~ucturing of US West; Bur~ville/Eagan Telecommunications Co~sio~ No~ Cen~ Su~b~ Cable Co~~dom Co~ssion, No~ 5ub~b~ Cable C~cadom Co~ssion, ~ad Cities Cable Commnni~tiom Co--sion, ~ey~~on Co.ties ~b~b~ Cable C~u~tiom Comm~ion, ~u~ W~on C~ Cable Co--flora Commission, ~ Ci~ of Co~bia Hei~, ~ Ci~ of C~n ~v~ F~ls This letter is m memorializ~ cez',z/n undecst~ndin~s regarding ~ a~ve-~ed ~mr. You ~ve ~di~d ~t US Wcs~~ ~ves ~y figh~ k ~y ~ve W nise ~ pr~ur~ ~ ~ is~s ~ ~ ~ ~r c~' ~w ~~ ~ Mi~som S~m~ Scion 238.~3, ~. 2. - ~. 4. For ex~Ie, we ~ ~t no~ y~ cUe~ ~ ~ wi~ 30 ~~ ~ ~, ~ ~y ~ ~t ~, nor a~y ~1~ ~ ~b~c Neither your clien~ or our~ waive any righ~ t~zyotxl tho~ indicated above. In ~hr, our clients ~ the right to ~ tint the 120 clay t~iew period purmn~ ~o federal hw preempts the stite 90 day review period, gee, 47 U.S.C. § 537. 14:54 ~1~54~1005 BERNICK Mr. lohn F. Gibbs, Esq. March 20, 1998 Pag~ 2 Finally, we tmdersls~ tha US We~t/MediaOne ~eeks to ~ ~ly co~lefi~ of ~ ~vi~ effo~ w comple~ ~ ~ ac~om by ~ May (~ w~k ~ ~ ~ ~ c~ ~ ~ C~ ~ ~~e ~ ~). ~ you ~ow, we ~ve ~ ~t o~ Commission c~e~ ~ au~ to n= ~ ~e US Wcs~e~ request on ord~ ~e~a B ~k~. be req~ ~e ~ ~e-hoI~ ~es so~ ~es ~ m~cip~d~ ~y ~h ~o review ~or a~ ~om' ~ by o~ Please do not hesitate to ccrnract me with any questions, BERNICK AND LIF$ON, P.A. tThomas D. Creighton ///' TDC:~np cc: Tramfer Clients EXHIBIT 2 05-i4-i998 i~:55 Z m ~F'RN I CK ~ L ! F~DN 05-14-1998 14:55 G1~54~1005 BERNICK & LIFSON P.55 EXHIBIT 3 61~S46100~ BERNICK ~ LIFSON P. ~4 05-1~-1~ 1~:S5 ~1~S~1005 BERNICK & LIFSON P.55 EXHIBIT 4 05-1~-1996 1~:56 61~5~61005 BERNICK ~ LIFSON P.56 RF, PORT Ob/CABLE TEL~'I$ION q~'%'~'~,~ FRANCHISE TRANSFER APPLICATION 1998 ~5-14-1998 14:58 ~1~5481~ BERN!CK · LIF~DN ~,~? May 13, 1998 Mr. Robert J. v. Vose, Attorney at L~w l~,rrdck and Ltfsor~ Suite 12~, ~ Col~de ~ Way~ ~ulevard ~eapo~, ~ 5~16-1Z~0 INIRODUC~ON This r~ort contains information resulting ~m ~ ~lysis ~ da~ ~nta~ed ~ ~e d~6 ~g~ "Request for Comet to Tr~fer Con,vi" (~f~'s app~ca~on for c~t ~ ~ r~d ~a~e G~up, lac.) dated Ma~ 10, 1~8 ("Appti~"), ~d o~ ~la~ d~~on sub~ ~ sup~rt of ~e Appli~. ~ Appllca~ ~ ~ ~ d~umen~ con~n l~ p~ ~o~ ~or ~e ~ 1~5, 1996, ~ ~ m~ ~d~ ~p~mbe~ ~, 1997 W~ ~e b~ upon cer~ a~ump~, p~dp~ly ~t U 5 West w~ ~ separa~d ~ ~o independ~t comp~es - U ~ W~ ~c. ~d Me~a~e Gwup, I~. We provide no a~ce ~st ~y ~ ~e pro/or~ a~s~pfl~ w~g hsv~ ~ ~1~. The ~inanci~l tnlormaidon provided id,m~atieci hhe ~, ~abtli~, eq~, ~ues, ~d ex~ Of M~a~e Grip, ~c. ('~I") ~ ~ ~s~c~ b~ by p~en~g ~e ~ci~ d~ ~ter ~i~a~ng all ac~vi~es w~ we~ ~ be ~p~H or ~ld. ~ere app~cable w~ compared the ~sumpdom ~d ~$ul~t ~oun~ wi~ cabl~ ~d~ ~a~cs ~ompfl~ by Paul ~g~ Ol'£P qqNC iNCONn The ~perating income perc,~tage is detarmtned by dividtn~ op~ratin$ h-,come by ~v,~.nue. The tmrcemtage c~lculates the levd of ol:mrstin~ inconm be/om int~r~i~t and ~ text. 1996 (11) 11 1~97 (~0) 1 61:60 1.g9~ 22% 24% 1~? 31 Z4 .~ ,C.A SI-II~ LO_Y~ PERCI~I~trAG£~ amor~on be~ ~o em~g~ (~c~me), ~d ~ ~vld~g p~vld~s m me~ of ~ mbili~ o~ a cable o~ra~or ~ mea~ ~at mo~ ~ ~ be av~lable to me~ ~e cable o~ratuFs v~o~ ~llga~o~, C~ RA'r%o The curt'eot FaEo io cle~er~dned by oLivkL~n~ curren~ assets b~ c~rre~t ~labOJties. It is m short- ~erm liquidity ral~o ln~endect ~ measure a cable ope~aWr's assel~ w~dch ar~ cash or wHch wil~ be conveL-~ed to cash in the eu~ent period (such as accounts receivable) In comparison to the liabiLi[ies that will be paid in L~e current period. The ra~io is expresse~ Ln terms o[ multiples of 1, wt~ ! beiz~ ~ value assigned to the nmount o% current liabilities. The hiller ~ value that · e flzs~ amount is, t~e more favoFable the ra~io (2 to ~ bein$ more hvorable than '1~ to 1). lg97 .25 to 1 1.00 to 1 The debt to ecl~ty ratio (debt di',hded by equity) measures a cornpany's level of debt to the amo~mt o~ ectuity it h~, Ger~erolly a low ctebt to equity ~atio ia co~tdersd favorable, 1997 .B0 to 1 220 t~ 1 MOGI's net Income percentaSes were bel~,v the PK average but its rJshJ'low hli~'ter ti,mn tl'ue PK average. MOGI's Iiquidt~ (ctirrent ratio) was below the PK average. However, Jim lever~e (debt to eclui~ ratio) was lower than the PK average. ~00'd 6091~0£9:1~£ XlZifl9-lt0~9 0E:60 {~H£1~6 ~5-14-1998 14:57 ~l~54~1~0~ BERNICK ~ LIFSON P,~9 We ar~ pl¢aseci ~o provide ou~ observaHor$ and comments on thc Application az~d othe~ ~ela[ed flocumcntatlor~. If you ~houlc~ h~vc ~'~y ques~lor~ or woulri like to clt~-~s any matt~r~ pl~se contact us. Oak Brook, Illinois This report is int~-~clecl ~olely for the use of I~m'rick and Llfson, However, ff~ r~port is a ttmtt~r of public mcotcl and its clls~rlbutton i~ no~ limited, ~% ~O0'd 609I~0~9:q3£ fl3ZlHO-3~O~O Or:60 05-15-1998 1~:~ 61~54~1005 BERNICK ~ LIFSDN P,05 EXHIBIT 0S-15-1998 12:22 61~S461~05 BERNICK & LIFSON P.04 KOBINS, I APLAN, MILLEFL CIFLE5I L.L.P. ATTORN~'Y$ ~T i. AW 900 LASA[,[,E AVENUE MINNEAPOLIS, MINN~5OTA 55402-20~5 T~LEP~ON~ (~12) 3~9'B500 May 12, 1998 Jo~ F. Gross VIA ME~HNGER Thomas D. Creishton, E~. Bernick & Lifson Suite 1200 The Colorm~le 5~00 Wayzata Boulevard ~atmeapoli$, M]q ~5416 U $ ~T/Media One $~arafion document~ Our File No, 028804-0008 Dear Tom: This letter is further response and follow up to your letter da~ed May 5, 1998 regarding the above-referelx~ matter. Under separate cover dated May 8, I~8, we have provided the IRS Letter and the MediaOne/U S WEST C. omm~cations Separation Agreement wMch you requested. On behalf of our client, MediaOne, we provide the follcmdn~ responses to the balance of your questions: Re~Twmafion 1.' To the extent relevant in li~ of'the Separ~ion ~ch 11, 1~8 ~o~ ~d ~ ~ ~on Me~e or ~ of ks ~ ~ ~or ~o ~e ~~ ~ pdor ~ ~mes ~d ~fion ~~ ~ ~ ~y 5, 1998 1~ ~ h~ ~ess ~~ ~ ~e m~ ~ ~ po~-~on ~on ~o~on pr~d~ by M~a~o, ~cl~ for ~le, ~ fl~-~ ~~ ~d~ ~ ~ ~h l l, 1998 05-15-18~0 1~:~5 ~1~5~1~5 BERNICK & LI~SON P.05 Thomu D. Creighton, Esq. May 12, I998 2. The existing Corporate Guaranties ofU $ WEST, Inc. with respect to your client franchis~ ~tthoriges will conlinue after the comp~ is re~.~ed MediaOne Crro'ap, Inc. and will not transi'er to New U $ WEST. ]Request for Additional Information obtained. All required FCC, SEC and IRS review~ and/or approvals have.be~n completed and · The FCC pro forma ~/a~sisnmcnt epplicatiom were filed and appeared on Public Notice, Report No. LB-98-21, released January 23, 1998. The FCC found the applications to be in the public interest and granted the pro forma tr~__~Fers o~'control and limited pro forma aasignment oflicens~ efl'~tive March 2, 1998. A copy oft.he applicable Public Notice is enclosed. The Federal C. xmmmnicafions Comm~ exlended until July 31, 1998 the time frame for U S WEST to comply with the eross-ownership rc~ri~'~ions relating to the 1Wmne~ota cable systems, and requested status reports to be filed by May 15, 1998, and by Sune 15, 1998. The fu'st repor~ has be~n filed. · The Securities Exchange Commission S-4 draft Proxy Statement was declared ~ bythe SEC on April 10, 1998 and Proxy Statemems dated April 20, 1998 have bem~ mailed to shareholders in anticipation of the June 4, 1998 Shareholders Meeting A copy of the Pwxy Stateme~ is enclosed. · The Intam~ P. eveaue Servi~ on March 27, 1998 issued its Letter Kuling with respect to the transaction. A copy of that Letter ~ waa provided to your office under separate cover dated May 8, 1998. · Th~ Department of Justice has been advised of the Separation, but no formal approval is required because the Separation itself is not tm HSK-reportable transaction. · The applicable statutes ~nd regulstions with respect to State Utilities Commission's approvsls are not triggered ~ the Separation. 2. On May $, 1995, MediaOne received s credit r~ting from Duff& Phelps of BBB. Credit ratings f~m Moody's and Standard & Poor's are expeeted shortly. Standard & Poor's did issue a tentative credit r~ting in February ofBBB. B~ed on the strength of MediaOne Group's b~lance sheet, it is s.micipsted that oredit ratings will be i~vesUnent ~rade credit. MediaOne will u~!!_m funding from a variety of sources including tim& vxnnn'outed ~ operations and new ucln Meti One aa busln oper or, makes onsoln ~5-&5-1998 1~:~4 8&~546100~ BERNICK ~ LIFSON Thoma~ D. Crd4~hton, Msy 12, 1998 Page 4 Also, following the Separ~on, on~ new individual, Kst~een A. Cote, will be appointed to th, MediaOne Group, Inc. Board of Director~ As ~ch,*,he Board of Directors of MediaOne Group, Inc. immediately followin8 th~ Separation will comist of'nine members. 7. A copy of the II~ Letter Ruli~ w~ provided to your off,ce unde~ separate cove~ dated May 8, 1~98. a. A copy of~e referenced Separation A~'eemen~ was provided to your o~ce under separate cover le~er claIed May 8, 1998. Thank you very much for your attention to Md review of the March 11, 1998 application. If we can be of further usistance, please do not hesitate to contact us. truly yours, ~G/sd Enclosures KOBIN$, KAPLAN, Mu.~.~.K & CIKESI L~L_P. K~vin C. aiffm (w/o tmcb.) ~ Domeny Cohen (w/o lames Commers (wlo e~cls.) C-~eg Cmnon (w/o ~o~.) Bob K~ (w/o ~s.) ~ ~l~m (w/o ~cl~.) ~5-15-1998 12:2~ 612546100~ BERNICK ~ LIF~ON P.06 Thomas D. C~e~ghton, Esq. May' I2, 1998 providing quality servi~ to the customers in the Twin Cities area. 3. The a!~reements that w~l exist between New U $ WEST, Inc. and MediaOnc Group, Inc. followi~ thc Separation make no reference to any competitive issues, impose no constraints or restrictions on competition between the two companies, and will have no impact on the competition betwe~ the two compaaies. As MediaOne has announced, it ~ b~iin providin8 high-speed data services in the Twin Cities area in mid-1998. Accordingly, MediaOne a~ms that the asreem~s and ~m'~r~ements that ~ exist between MedisOne Group, Inc. and New'U $ WEST, Inc, as · result of. the Separation will in no way limit or otherwise impact competitive issues between the companies includin8 the abih'ty of the respective companies to enter any line oftelecomnmnic, ations businesses with re~ct to the local, or any other, market. 4. Following the Separation, New U $ WEST will in no way be a subsidiary, indirect or otherwise,, of MediaOne Group, Inc. By red~ernin$ the currently outstand~ shares ofU S WBST Corr~_?,ications Croup tarl~ecl stock for all of the shares of the entity that is ~urrent/~ a wholly. owned, indirec~ subsidi~, MediaOne Crroup, lnc. will be giving up all ownership of the stock of the wholly-owned subsidiary. The effect oftl~is exchsnse is to separate, wholly and complet~iy, the two companies, creatin~ two publicly traded, and entirely independent companies. 5, The Ah'Touch transaction was ccmplet~ on April 6, 1998. In the course of that transaction, ~ other consideration, AirTouch assumed approximately $1.4 billion of indetxeclness of Nt~wYector md ?CS Holdinss. 6. The turret compoggon ofthe U S WEST, Inc. Board oFDirectors is as follows, with ',.hose names in bolgi~ce indicaii~ the indMduals who ~ continue ~ directors of MediaOne Croup, Inc. Followin~ the Sep~'atio~ The remainder of the directors ~ t~nder their resi~nationa effective at the $epara~on and will become member~ of',J~e Board olD/rectors ofNew U $ WEST, Inc. Robert L Crandall Grant A, Dove Allan D. Gilmour P.M, Grieve Charles M. Lfllh ~ori~ $. Harad · Allen F. ;tacobson Richard D, McCormick lVl~yn C. Nelson Frank ?. Po?off Chmies P. Ru~, IH Loeb A. Simpson John "Jack" Sievin Solomon D. Trujillo P. O~5 KC)BINS, K PLAN, MILLER. CIKE$1 ATTOF~N~Y-~ AT LAW L.L.P. BOO LASALLE AVENUE M1NNE^POLI$. MINNESOTA 55402-~015 TELEPHONE (612) FAC~I~L~ (5i2) 339'~181 lVl~y 8, 1~8 ~ ME~SENGER Thomss D. Crei~on, Lq, Bemick & Ilion Suite 1200 The Colonnade 5500 Wayzata Boulevard lVfmn~polis, MN 5541{5 U.S. WcWMedi~ One Separation clomunc-nt~ Our File No. 028804-0008 Tom: As a fortow-up m your letter o£M~y 5, 1998, I h~ve enclosed herewith copies of the Intern~ R, evonue Sen4ce Letter ~ ~nd the Separation A~re~mont in conjunation with the ~bove- referenced m~tt=. We look forward to providing you amwer~ to the que~ons set forth in your letter Very truly yours, Mn'.~.RR. & CIKESI L.L.P. 05/26/98 14:27 FAX 612 ?$8 7442 ~PLS ~ATER ~I~ ~001 FAX 7 minr~¢apoli~. ~ ".,er citV o/' l~zl~e~: TRANSMITTAL MINNEAPOLIS WATER WORKS Engineering Section Number of Pages Date: May 26, 1998 4 Time: (including cover) 2: OOpm Please deliver this FAX message to: Name Mr. Walt Fehst Affiliated With City Of CoiumbJ. a Heights FAX number 782-2801 We are sending you the draft fo~ the news release for your approval. The letters to ~hc resident~ Message will follow. Sincerely, Calina Izraelev FROM: If you have any problems receiving this FAX, please call (612) 661-4900 05/26/95 1~:27 FAX 612 788 74~2 ~PLS WATER ~AII~I" 002 SITE PREPAF~TION FOR NEW MINNEAPOLIS 34 MILLION GALLON RESERVOIR TO BE COMPLETED IN LATE-JULY May 26,1998 DRAFT The Hilltop Reservoir site at 5~h Street NW is located in the City of New Brighton and currently houses an existing 40 million gallon reservoir. The City of Minneal~olis will complete site preparation (Phase 1) for a new 34 million gallon finished water reservoir in New Bdghton in late July. (please see attached map) Construction began in May 1997, when the site was cleared of trees. Earth moving a~ivities staffed October 13, 1997. The contractor, Veil & Company, inc. removed inadequate soils and placed and compacted new structural fill material to support the weight of the new reservoir. This phase was completed in early December !997. Soil exoavated from another part of the site reduced truck traffio by seventy-five percent (75%) from what was originally anticipated. This activity reduced the effects of the construction activity to neighbors, residents in both New Brighton and Columbia Heights, as well as the Columbia Heights Public Schools. Earth moving resumed the middle of April t998, with the placement and compaction of crushed concrete and limestone to the final grade (floor of the reservoir). Completion of this phase is anticipated in late July. The City of Minneapolis has worked with the cities of Columbia Heights and New Bdghton and the Columbia Heights Public Schools to minimize the impact of construction activities on surrounding neighborhoods and roadways. Trucks enter the site from 49th and Central Avenues and leave on 5~ Street NW and Silver Lake Road. The hauling schedule is ~ordinated with the two cities and the school district. The contractor is providing traffic control personnel when needed. 05/26/98 14:28 FAX 612 788 7442 MPLS WATER MAINT ~003 The City of M. inneapolis has addressed a broad range of environmental con,ems. Silt fences and the seeding of exposed areas with fast-growing grasses prevents erosion. The contractor is sweeping the surrounding streets and is watedng the roads as necessary to control dust. A Minneapolis Water Works construction crew will install the new interconnecting piping and valves between the new and the existing reservoirs. Thiswork will start in the Fall of t998 and will be completed in the Spring of 1999. All construction will take place on Minneapolis Water Works property. Construction of the reinforced concrete structure is anticipated to start in theSummer of 1999, and to be ~ompleted in the Fall of 2000. The soil placement on the completed structure's roof and walls is anticipated to start in the Fall of 2000 or the Spring of 2001. The site will be landscaped with trees and grass in the Spring and Summer of 2001, Minneapolis is building this new reservoir to ensure public safety and health. Minneapolis supplies water to its citizens, seven (7) surrounding cities, including Columbia Heights, and the Minneapolis/St. Paul Airport. All the water in the Minneapolis system comes from the Mississippi River. If the River were to become contaminated, Minneapolis would have to depend on the treated water it stores in reservoirs. At present, these reservoirs hold only one day's water supply under normal usage patterns. The new reservoir will extend this protection by thirty percent (30%). 05/26/98 14:28 FAX 612 788 7442 MPLS WATER ]~AIhW ~004 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MAY 4, 1998 A ROVED ,, The Traffic Commission meeting was called to order at 7:00 P.M. I. ROLL CALL Present: Staff: Absent: Carlson, Goodman, Szurek, Stumpf Kathyjean Young, Assistant City Engineer Tom Johnson, Police Chief Mayor Sturdevant II. APPROVAL OF JANUARY 5, 1998 MINUTES III. OLD BUSINESS None IV. OTHER OLD BUSINESS None V. NEW BUSINESS REQUEST FOR DESIGNATED RIGHT TURN LANE ON 44TM AVENUE AT THE POST OFFICE Mr. Timothy Bearth of 1328 41st Avenue N.E. is requesting the right lane on 444 Avenue adjacent to the Post Office be designated as a right turn only. This would eliminate the need for vehicles continuing east on 44th Avenue to merge. Commission members felt that designating the right lane might not be appropriate as it was only one block off Central Avenue. Motion by Goodman, second by Stumpf, to direct staff to discuss the idea with the Traffic Engineer conducting the study in the area of 374 Avenue and Central Avenue. Roll Call: Goodman-aye, Stumpf-aye, Carlson-nay, Szurek-nay. Motion failed due to lack of a majority. REQUEST FOR ADDITIONAL STOP SIGNS ON 45TM AVENUE WEST OF JEFFERSON STREET Mrs. Angela Lawrence of 4501 54 St. N.W. is concerned with the number of uncontrolled intersections in Columbia Heights. She is specifically requesting signs be installed stopping traffic on 454 Avenue at either 54 Street or 64 Street. Currently there are no stop signs between University Avenue and Jefferson Street. Ms. Lawrence is concerned with the speed of vehicles on 45th Avenue. Official Proceedings Columbia Heights Traffic Commission May 4, 1998 Page 2 Traffic on 5~ and 6t~ Streets are required to stop at 45th Avenue. These stop signs follow the MMUTCD warrant which states that stop signs may be warranted at the intersection of a less important road with a main road where application of the normal right-of-way is unduly hazardous. The Federal Highway Administration recommends the following guidelines be followed for the installation of multi- way stop controls: 1) at the intersection of two collector streets that are primary to the area, 2) where there is a 60-40 percent volume split and 3) where there are three or more correctable accidents in one year. Staff does not think that any of these guidelines are met. In the past year there has only been one accident. Chief Johnson will monitor the speed of traffic along 45th Avenue using the speed trailer. Motion by Carlson, second by Szurek to table the request for stop signs along 45th Avenue at 5th and 6th Streets until further information on volume and speed of traffic is documented. Roll Call: Ail ayes. C. REQUEST FOR SPEED HUMP ON JOHNSON STREET Mr. Gary Gorman of 5010 Johnson Street has requested a speed hump be installed in the vicinity of Ramsdell Park at the same time the mill and overlay construction is done on Johnson Street. Speed of cars on Johnson Street is a concern to residents in the area. Staff explained that a petition must be submitted containing signature of 75% of the property owners in favor before any construction could be done. Commissioner Szurek suggested staff find out the cost for speed humps and what the extra assessment cost would be to property owners. Staff recommends the speed hump policy presented to the Traffic Commission and City Council be adhered to. Mr. Gorman indicated he will check with the neighborhood to see if they would be interested in sharing in the cost to install a speed hump. Motion by Szurek, second by Smmpf, to direct staff to look into what the assessments would be to install a speed hump. Roll Call: All ayes. VI. OTHER NEW BUSINESS None Official Proceedings Columbia Heights Traffic Commission May 4, 1998 Page 3 VII. VIII. REPORTS A. CITY ENGINEER A representative from Mn/DOT, Mr. Andrajack, will be at the Columbia Heights Open House on May 19, 1998. He will have portable traffic signals and a pedestrian crossing set up to explain the functions of WALK, flashing DON'T WALK and steady DON'T WALK. B. POLICE CHIEF Police Chief Johnson will have the speed trailer placed on Johnson Street while school is still in session to see if it slows motorists traveling on Johnson Street to 49th Avenue in response to Mr. Gorman's request for a speed hump. C. COMMISSIONERS None ADJOURNMENT Motion by Stumpf, second by Goodman to adjourn the meeting at 8:15 p.m. Roll Call: Al1 ayes. Respectfully submitted, Traffic Commission Secretary 'CF'FY OF COLUMBIA HEIGHTS (l-) 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55,,0,.21-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING OF MAY 5, 1998 The May 5, 1998 Planning and Zoning Commission meeting was called to order by Chairperson Szurek at 7:00 p.m. Members present were Ramsdell, Fowler, Peterson and Szurek. Commissioner Paulson was not in attendance. Also present were Joe Hollman (City Planner), Jim Hoeft (City Attorney), and Kathryn Pepin (Secretary). Motion by Peterson, seconded by Ramsdell, to approve the minutes as presented in writing from the meeting of April 7, 1998. Voice Vote: All Ayes. Motion carried. OLD BUSINESS: Public Hearing Alley Vacation/Variances Case #9804-19 Jeff Babe/Bob Williams 3710 Central Avenue Columbia Heights, Mn. Mr. Hollman informed the Commission that the need for variances was identified during the public hearing process for their previous case indicating there are two sites requiring variances. He added that the petitioner is also requesting to vacate the alley on the north side of the east site. The status of the components of this case, Rezoning, Plat, Final Plat, Site Plan, and Conditional Use Permit, are as follows: the final plat has been tabled and additional information is being requested on the preliminary plat; the Conditional Use Permit and Site Plan have been approved; and, the Rezoning has been approved in a favorable outcome of the referendum vote. Mr. Hollman informed the Commission that the property surrounding the east site is zoned RB to the north and west, R-3 is the zoning to the east and south. He added that there is also a lot zoned RB to the south. The area surrounding the west site is zoned RB on the north, south, and east, and the property to the west is zoned R-3. Mr. Hotlman stated that these variance requests have been submitted in response to issues that were identified during the public hearing process for the previous case. Due to the sometimes impractical nature of certain requirements in the zoning ordinance, the requirements of the Zoning Ordinance cannot be met. Variances will be required to facilitate the proposed development at 3701 Central Avenue for a motor fuel station with car wash and deli/restaurant on the east side of Central Avenue and the proposed development at 3842 Central Avenue for a ten bay motor vehicle repair/service business on the west side of Central Avenue. Mr. Hollman stated that Section 9.116(18)(c) states "A minimum of ten (1 O) foot landscaped yard shall be provided along all abutting public right-of-way lines, except where approved driveways occur". He informed the Commission THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYEr PLANNING AND ZONING ~EGULAR MEETING - MII~UTE$ MAY 5, 1998 PAGE 2 that a landscape yard variance is requested at the east site of approximately nine (9) feet adjacent to Central Avenue and approximately nine (9) feet adjacent to Reservoir Boulevard. A variance at the west site of approximately eight (8) feet is requested adjacent to Central Avenue. Section 9.116(18)(e) states "All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building". He stated that a variance is requested to allow all storage of trash, waste material, ail vehicle parts to be stored within the principal building at both the east and west sites. Section 9.116(18)(f) states "All outside parking spaces shall be located to the side and/or rear of the principal building". Mr. Hollman stated that a variance is requested from this requirement to allow four (4) parking spaces in the front yard of the east site and seventeen (17) parking spaces in the front yard of the west site. Section 9.116(18)(i) states "Minor motor fuel stations shall have two service stalls, one of which may have an automatic or semi-automatic auto wash installed, provided the station can accommodate six (6) off-street parking spaces in addition to those required herein. The entrance doors for the service stalls shall not face toward the principal street on which the station is located". Mr. Hollman stated that a variance is requested from this requirement to allow no service stalls at the east site and up to ten service stalls at the west site, and furthermore, to allow the car wash entrance door(s) to face the principal street(s) on the east site and the ten service stalls to face the principal street on the west site. Section 9.116(6)(b) of the Zoning Ordinance requires "at least one loading berth for each building having 2,500 to 6,000 square feet plus one additional berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet". Mr. Hollman stated that a variance to this requirement is requested for the developments on both the east and west side of Central Avenue. Mr. Hollman explained that variances are only approved in the event that strict enforcement of the ordinance would result in undue hardship for the applicant. He added that undue hardship means that the property cannot be put to reasonable use if used under conditions allowed by the Zoning Ordinance, the plight of the landowner is due to circumstances unique to the property not created by the landowner, granting the variance will not alter the essential character of the locality, and inadequate access to direct sunlight for solar energy systems. Mr. Hollman informed the Commission that Section 9.105 (3)(d) of the Zoning Ordinance states "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In reviewing the alley vacation portion of the request, Mr. Hollman stated that the property owners are proposing a new alley with access on Reservoir Blvd. to the north of the existing alley, which will be built in a 16 foot wide area dedicated via the plat on what is currently known as Lot 10. The owners will dedicate land ten (1 O) feet wide PLANN{NG ANn ZONING COMMISSION REGULAR MEETING- MINUTES MAY 5, 1998 PAGE 3 south of the proposed alley and a twelve (12) foot wide piece north of the proposed alley for open space. This will add a buffer of 38 feet between the commercial use and residential property to the north. Mr. Hollman informed the Commission that when considering the alley vacation, it is important to note that it has been suggested by a resident along Reservoir Blvd. that the proposed alley be a cul-de-sac on the 37th street end of the block between Reservoir Blvd. and Central Avenue. He stated that the Public Works Department had the opportunity to consider the suggestion and make some general observations adding that some potential draw backs include: 1. Fire and rescue service may be compromised. 2. Alley could be subject to a large volume of traffic. 3. Maintenance is more difficult with one access. 4. The ability for vehicles to turn around would be difficult in the winter. 5. Garbage pick up would be a problem for businesses along Central. 6. Street lighting may be required or desired in the cui-de-sac. 7. Most dead-end alleys are in residential areas, where they cause a minimum of inconvenience to residents, but in a commercial area it has the potential to inconvenience patrons and residents. The proposed dead-end alley would lessen traffic on adjacent streets, which would be a benefit to the area. He stated that this proposal would need to be reviewed in more detail during the preliminary and final plat review if the Planning and Zoning Commission determined that it warranted further review and discussion. Mr. Hollman informed the Commission that the Land Use Plan Map portion of the Comprehensive Plan designates this area of Columbia Heights for future commercial use adding that this area has also been identified for commercial redevelopment and in-filL These variances and the alley vacation are needed to further enhance the potential of both the east and west sites for redevelopment. Mr. Hollman felt that the positive aspects of this petition would be that the variances and alley vacation would enhance the potential of both sites for redevelopment, the variances will provide necessary relief from undue hardship as a result of the provisions of this Ordinance, and the proposed alley would provide a buffer of 38 feet between the commercial use and residential uses to the north. He stated that the negative aspects of this petition would be that the variances are needed to develop the site for the proposed use, which would fully maximize the development potential of the site. Mr. Hollman informed the Commission that he had been contacted by Dr. Gary Good regarding his concern with the size and type of tree proposed to be planted in the proposed green area to the north abutting the relocated alley as Mr. Good felt the trees proposed would not survive in such a small area. Mr. Hollman stated that this would be addressed in more detail at the plat review process. PLANNING AND ZONING COMMISSION ~rr.G~JL~,~, hlrcr:.TtNG - ~tNU'i'ES MAY 5, 1998 PAGE 4 Mr. Hollman presented two drawings prepared by the City's Engineering Department indicating two possibilities for cul-de-sacing of 37'h Avenue. Both drawings, one a radial cul-de-sac and the other a "hammerhead" design, compromised the location of the building on the lot. Commissioner Ramsdell felt such a design would need to be considered in detail to assure city services would not be deterred or any other problems caused by the cul-de-sac. He questioned whether a fire truck would be able to turn around in a 60 foot radius. Chairperson Szurek asked staff why the variance is necessary for the west side development to allow the service doors to face Central Avenue when a number of similar operations along Central Avenue also face Central. She did not recall the approval of any variances for those operations. Attorney Hoeft stated that perhaps those developments occurred before the ordinance requirement was in place or the requirement could have been missed by staff. Chairperson Szurek also questioned the location of the loading areas for the west side. Kerry Gullickson, of LAN Construction, indicated that the proposed structure shows a door in the lower level at the west side of the building where some deliveries will be received and the rest of the deliveries will be through the front service bay doors. Attorney Hoeft explained that the variance to the requirement for loading berths as required by the Zoning Ordinance is necessary as the definition of a loading berth would not fit into the needs of this type of use. Mr. Gullickson addressed the cul-de-sac proposal stating that the building location is set and not only from a construction standpoint but from a functional standpoint, it would not work. Mr. Charles Kallemeyn, attorney representing the Reservoir Boulevard Residents, addressed the Commission and explained the concerns of the residents. He stated that the main concerns are the parking variance and parking layout as the proposed parking, in his opinion, does not meet the needs of the variety of uses proposed for the site. He indicated that using the spaces at the gas pumps and in front of the vacuums in calculating the parking spaces for the total site is not appropriate. He expressed the concerns that insufficient parking would impact the neighborhood. His clients also were concerned with the car wash and the lack of area for stacking of vehicles waiting to use the facility. He addressed the lack of an area for trucks to unload product and expressed the concern of the residents that trucks may park in the street to unload. It was Mr. Kallemeyn's contention that the west side use of strictly automotive repair with no fuel sales is not an allowed use in the Retail Business District. He added that "it is the duty of the City Council and the Planning and Zoning Commission to listen to concerns of the residents. The fact that the referendum passed, it's not carte blanche that the project be done at all costs." Mr. Gullickson stated that there wasn't any city that did not count the parking at pumps as parking spaces as the people who come to the facility to purchase gas are going to perk at the gas pumps until their business is completed. Someone who comes to the facility to eat at the restaurant or purchase a grocery item(s) will park PLANNING AND ZONING COMMISSION MAY 5, 1998 PAGE 5 elsewhere. He described the car wash as handling approximately ten cars per 30 minutes or three minutes per car. He felt there would be plenty of stacking area for vehicles awaiting the car wash. As far as the loading dock requirement, it was his opinion that the design criteria of the Zoning Ordinance for a loading dock would not be applicable in this case. This is not an industrial site and not the same type of trucks making deliveries. He stating that designating parking spaces at the front of the building is advantageous to handicap and elderly people as well as other customers so they would not have to walk across the traffic/circulation pattern areas. Attorney Hoeft stated that the course of this meeting is the first concern indicating that the parking, restaurant, car wash and loading areas were already addressed at the site plan review and approved. He informed Mr. Kallemeyn that staff recognized that the ordinances the city has in place are not comprehensive enough with today's standards to handle this type of business. He indicated that the variance should be approved as means of addressing the non-comprehensive standard of the ordinances and subsequently update the ordinances. Mr. Kallemeyn stated that the City cannot depart ad hoc from the ordinance requirements and should proceed under the law. He inquired as to the hardship for the approval of the variances. He felt that because an owner wants to use the property for a specific use without a hardship defined, they should then be required to comply with the ordinance requirements. He stated that the City should consider the rights of the adjacent property owners and how they may be affected by the development. Chairperson Szurek stated that the shape of the lot was the stated hardship. The Commission reviews and considers each case individually. She informed Mr. Kallemeyn that the Conditional Use Permit approved in conjunction with the development gives the City the authority to revoke the Conditional Use Permit if violations occur and are not immediately corrected. Mr. Kallemeyn asked what teeth there would be to force compliance. He reiterated that his clients were not anti- project but pro neighborhood and looking to their best interests. Attorney Hoeft disagreed with Attorney Kallemeyn's opinion to amend the ordinances. He stated that the City can grant a variance from existing ordinances as they are not comprehensive with today's needs and are outdated. In respect to Mr. Kallemeyn's concerns with variances for the car wash and parking, those issues are not issues on the table at this meeting. Those items were addressed in detail and at length at the site plan review. He appreciated Mr. Kallemeyn not coming into this until of late but those items have already been approved. Mr. Hoeft explained that the cul-de-sac proposal was being considered in respect to an inquiry by a resident but is not a viable option due to concerns for refuse removal, fire protection access and snow removal. He added that this whole process started over a year ago and has not been hastily considered. Chairperson Szurek opened the public hearing. Doug Hill of 1037 N.E. 42"d Avenue asked if handicap accessibility would be addressed. Attorney Hoeft stated that the handicap accessibility requirements are will be enforced as they are State requirements under the Building Code. PLANNING AND ZONING COMMISSION REGULAR MEET(I~G* MII~UTE$ MAY 5, 1§98 PAGE 6 Sue Johnson of 4732 N.E. 4m Street was present to express her opinion that the project will be good for the city and enhance it's image "it adds to the community". Grog Koosman of 3927 Reservoir Boulevard was present to ask if variances were available to residential lots as Commissioner Szurek kept comparing this development to Holiday and Superamerica. He also asked if customers of the proposed restaurant/gas station will be able to park at the gas pumps if going in to eat at the restaurant. Commissioner Szurek explained that the comparisons were made as those developments are also commercial in nature adding that variances for residential properties would be different and applied in different methods. Chairperson Szurek closed the public hearing. Motion by Ramsdell, seconded by Fowler, to recommend to the City Council the approval of the variances as follows as strict adherence to the provisions of the Zoning Ordinance would create an undue hardship to the landowner: 1. A nine (9) foot landscape yard variance at the east site adjacent to Central Avenue and approximately a nine (9) foot landscape yard variance adjacent to Reservoir Boulevard. An eight (8) foot landscape yard variance at the west site adjacent to Central Avenue. 2. A variance to the requirement of Section 9.116(18)(e) of the Zoning Ordinance requiring all trash, waste material and unwanted motor vehicle parts to be stored within a separate enclosure behind the building at the east site and the west site as storage will be inside both buildings. 3. A variance to the requirements of Section 9.116(18)(f) of the Zoning Ordinance which requires all outside parking spaces to be located to the side and/or rear of the principal building. 4. A variance to Section 9.116(18)(i) of the Zoning Ordinance to allow no service stalls at the east site and up to ten service stalls at the west site and, further, to allow the car wash entrance door(s) to face the principal street(s) at the east site and the ten service stalls to face the principal street on the west site. 5. A variance to Section 9.116(6)(b) of the Zoning Ordinance to eliminate the requirement for both the east and west sites to provide at least one loading berth for each building having 2,500 to 6,000 s.f. plus one additional berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet. Voice Vote: All Ayes. Motion carried.. Motion by Ramsdell, seconded by Fowler, to recommend to the City Council the approval of the alley vacation. Voice Vote: All Ayes. Motion carried. Motion by Fowler, seconded by Ramsdell, to recommend to the City Council that the newly proposed alley design be reviewed during the preliminary and final plat review. Voice Vote: All Ayes. Motion carried. **THESE ITEMS TO APPEAR ON THE MAY 11, 1998 CITY COUNCIL AGENDA. PLANNING AND ZONING COMMISSION REGULAR MEETING - M~NUTE$ MAY 5, 1998 PAGE 7 NEW BUSINESS: Public Hearing Site Plan Approval Case #9805-22 LaBelle Park Condo. II Assn. 1011 N.E. 41~ Avenue Columbia Heights, Mn. Mr. Hollman presented the request of the Labelle Park Condominium II Association for a modification to a site plan approval to eliminate the requirement for a board on board privacy fence along the north property line at 1011 41't Avenue NE, which is Labelle Park Condo. II. He stated that their intent is to replace the privacy fence with a split- rail fence and plantings. He informed the Commission that in October of 1981, Case #8110-43 was a public hearing for site plan approval and a privacy fence for a 72 unit condominium building. As stated in the report for that hearing, screening and/or fencing was not required under City Code. The developer, at the request of citizens, proposed a six (6) foot high privacy fence along the north side of the property. The privacy fence was required subject to the approval of the adjacent neighbors. Mr. Hollman stated that the property on both the south and west is zoned R-4 Multiple Family Residential and is used as such. The property to the east is zoned R-2, and is used for Labelle Park. The area to the north is zoned R- 2, and is used residentially. He informed the Commission that this case is being reviewed by the Planning and Zoning Commission because the applicant is requesting a modification to the stipulations of the original approval. That approval stipulated that a privacy fence, which needed to be approved by neighbors, be required. The applicants propose to replace the board- on-board privacy fence with a 42 inch high split rail fence (two rails) and plantings. Section 9.117(3)(a) states that screening shall be required in any zone under this Ordinance when the use of such property requires six (6) or more parking spaces. Required screening shall consist of a solid fence or wall at least 50% opaque, shall be not less than six (6) feet high, shall not extend within fifteen (15) feet of any street or driveway opening onto a public street. However, plantings may be substituted for the prescribed wall or fence provided that plantings must not be less than 2 1/~ inches in diameter, they must be at least seven (7) feet high, must provide not less than 80% opacity, and must be designed so that they are architecturally harmonious with the principle structures on the site. Mr. Hollman stated that the fence is along the north property line on top of an existing railroad tie retaining wall adding that the applicant also plans to replace the retaining wall. This retaining wall varies in height along the north property line and is over six (6) feet high in certain locations. It is staff's opinion that the combination of the retaining wall, plantings, and split rail fence will provide adequate screening for the properties to the north. Mr. Hollman stated that it appears that the privacy fence does little to screen the condominium buildings from the adjacent properties to the north, primarily due to the increased grade elevation of the condominium. It is also the PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES MAY 5, 1998 PAGE 8 opinion of staff that a split-rail fence with plantings will be more aesthetically pleasing than the board-on-board privacy fence. He added that plans for required screening will need to be submitted, reviewed, and approved by staff before a permit may be issued for any improvements on the site. Mr. Hollman added that one additional item worth discussion is the location on the property of the split-rail fence in relation to the edge of the retaining wall. Section 9.117(3)(d) requires that screening shall be placed as nearly as practicable to property lines. The applicant may want to consider placing the fence off of the very edge of the retaining wall to allow some room between the edge and the fence for maintenance purposes. In this situation, the fence also serves as a barrier to the edge of the retaining wall. A split-rail fence will also serve this purpose. Mr. Hollman informed the Commission that the City Comprehensive Plan designates this area for high density residential development. The proposal does not impact the goals and objectives of the Comprehensive Plan. Mr. Hollman stated that the positive aspects of this proposal would be that the combination of the retaining wall, split-rail fence, and plantings will provide adequate screening and the proposal may enhance the aesthetics of the property. He added that the negative aspects of this proposal would be that the requirement for a board on board privacy fence was established during the original review for this development, and this requirement was approved by the neighbors. This modification would change what was agreed upon at the time. He added that notice was sent to property owners within 300 feet of the subject parcel for this case. Chairperson Szurek asked the applicant, Maelyn Hansen of 1011 N.E. 41't Avenue, what happened to generate this change in fence type and the replacement of the retaining wall. Mr. Hansen replied that the heavy rains in the summer of 1997 washed out part of the retaining wall and it is necessary that it be rebuit. He stated that it is their intent to replace the wall with a keystone block system, and replace the current board on board fence with a 42 inch high split rail fence and then install plantings in the area to deter people from climbing or walking thru the area. He added that it is open on one end of the fence so that there is access to the area beyond the fence/retaining wall. Chairperson Szurek opened the public hearing. John Law of 1036 N.E. 42"" Avenue was present to ask the style and height of the proposed fence. Staff stated that it would be a 42 inch high split rail with plantings. Wayne Reed of 952 N.E. 42"d Avenue was present to state that water runs from the condo properties to his property due to the grade change and ponds in his yard causing him many problems. Mr. Law also stated that he has experienced Some water problems as well and felt that the runoff may be his source. PLANNING AND ZOI~IN6 COMMI8810N REGULAR MEETING- MINUTES MAY 5, 1998 PAGE 9 Council Representative Peterson suggested that the City Engineering Department look at the situation to suggest a possible solution to the water runoff experienced by the neighbors who have homes at a lower elevation than the condo site. He thought that a storm drain in the area of the most collection of water could be installed. Chairperson Szurek closed the public hearing. Motion by Peterson, seconded by Ramsdelt, to recommend to the City Council the approval of the modification to the Site Plan provided that a screening plan is submitted and approved by staff. Bo Public Hearing Conditional Use Permit & Site Plan Approval Case #9805-23 Sherle Roder RE: 2121 N.E. 37'h Avenue Columbia Heights, Mn. Mr. Hollman presented the request of Sherle Roder for a Conditional Use Permit and site plan approval to conduct a Beanie Babies retail store in the former Foto-Mat structure at 2121 37'h Avenue NE, located in the Apache Theater parking lot. He explained that merchandise will be sold through a drive-thru approach with prices posted on the side of the structure, and these postings, along with all beanie babies, will be removed from the premises each night. Specific hours of operation have not been stated, but the applicant would first like to begin with morning and afternoon hours. Mr. Hollman explained the history of this building by informing the Commission that in July of 1997 the Planning and Zoning Commission and City Council reviewed Case #9707-24 for an Appeal by the owner, Gerald Herringer, of an administrative decision by the Zoning and Building Departments, which determined that use of the structure was not allowed. The Planning and Zoning Commission recommended denial of the Appeal. The City Council decided to allow one year from September 22, 1997 to establish an allowable business at the site and if nothing transpired at the site by then, the building would be removed voluntarily. He stated that the property to the east is zoned RB, Retail Business, and is used commercially. The property to the north is zoned R-3, Multiple-Family Residential, and is used as such. South of the subject parcel across 37'h Avenue is the City of Minneapolis, and the area to the west is zoned R-2, Two Family Residential, and primarily contains Hart Lake but the property surrounding the Lake is used residentially. Mr. Hollman informed the Commissioners that Section 9.113(2) of the Zoning Ordinance states that drive-in businesses in the RB, Retail Business district require a Conditional Use Permit, and are subject to five (5) requirements: 1. Hours of operation shall be confined to the period between 10:00 AM and 1:00 AM for those serving food or drink; PLANNING AND ZONING COMMISSION MAY 5, 1998 PAGE 10 2. The entire area shall have a drainage system approved by the City Engineer; 3. The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer; 4. A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits; and, 5. The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right- of-way or adjacent land in residential use. He stated that this is an existing structure on a developed site and the area surrounding the structure is completely paved as a parking lot. The lighting system is existing and no changes are proposed. Aisc, this proposal will not have an impact on the drainage system, and the proposed business will not be serving food or drink. Therefore, the proposal meets these requirements. Mr. Hollman stated that the parking section of the Zoning Ordinance requires at least one (1) off-street parking space for each two hundred (200) square feet of floor area (net). The structure is 20' x 10' (200 square feet), which requires one (1) off-street parking space. The structure is surrounded by parking for the theater, so the proposal meets parking requirements. Aisc, the loss of the required one (1) parking space will not negatively impact the existing theater. Section 9.104(4) of the Zoning Ordinance requires that there shall be no more than one (1) principal building on one lot. As stated on the application, the applicant would like this to be considered as use of an accessory building on a commercial site as a separate business from the principal use. Accessory Use is defined as a use which is reasonably necessary and incidental to the conduct of the primary use of the main building or buildings. An Accessory Building or Structure is defined as a building or structure or portion of a structure subordinate to and serving the principal structure on the same lot. It seems clear that the proposed use is not necessary to the conduct of the primary use of the main building, which is a movie theater. Mr. Hollman stated that this is an existing structure that does not serve the principal structure and has been vacant for more tt~an six (6) months, which renders it non-conforming. Section 9.104(3)(f) of the Zoning Ordinance states that whenever a non-conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. The Police and Fire Departments have had the opportunity to review this request. Neither Department had any negative comments against the proposal. Mr. Hollman informed the Commission that during the 1997 Appeal case, Spencer Pierce of the Anoka County Health Department stated that he would require the most basic requirements of a sanitary facility, wash facilities at the building, and that the structure be connected to sanitary sewer. He added that these requirements were for a coffee shop request. The current application was discussed with Mr. PLANNING AND ZONING COMMISSION REGULAR MEETING. MINUTES MAY 5, 1998 PAGE 11 Pierce on April 30, 1998. He stated that the Health Department does not have any regulations pertaining to this request. Mr. Hollman informed the Commission that one option worth mentioning is the possibility of requesting a variance to allow two (2) principal buildings on one (1)lot. However, he added that in order to grant a variance, a hardship will need to be demonstrated. He stated that staff is not aware of any hardship on the property that would fulfill the a variance requirement for a defined hardship. Mr. Hollman indicated that the City Comprehensive Plan designates this area for future commercial development. This proposal does not impact the goals and objectives of the Comprehensive Plan. Mr. Hollman informed the Commission that the positive aspects of this proposal would be that the Beanie Baby operation as proposed would be a relatively Iow-impact operation that appears to be a suitable use for the structure. He added that the negative aspects of this proposal would be that the Zoning Ordinance states that there shall be no more than one (1) principal building on one (1)lot. The structure is currently non-conforming and the proposed use is not accessory to the principal use of the property. Chairperson Szurek opened the public hearing. The public hearing was closed as no one was present to respond to this case. Council Representative Peterson felt that the non-conformity issue was negated based on action taken by the City Council allowing the owner until September of 1998 to fill the building with a viable business or demolish the structure. Motion by Peterson, seconded by Ramsdell, to recommend to the City Council the approval of the request for Site Plan and the request for a Conditional Use Permit to allow a drive-in Beanie Baby retail business at 2121 N.E. 37th Avenue. Voice vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE MAY 11, 1998 CITY COUNCIL AGENDA. Public Hearing Variance Case #9805-24 Walter Horishnyk 5055 Madison St. N.E. Columbia Heights, Mn. Mr. Hollman presented the request of Mr. Horishnyk for a seven (7) foot setback variance to Section 9.104(5) of the Zoning Ordinance to allow the construction of a detached garage at 5055 Madison Street. This section requires that a garage be designed so that if the vehicle entry door is facing a street or alley, the distance between the door PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES MAY 5, 1998 PAGE 12 and the lot line shall be twenty (20) feet or more. He explained that Mr. Horishnyk is proposing to construct a 24' x 28' (672 square foot) detached garage with the vehicle entry door facing 51= Avenue set back thirteen (13) feet from the lot line. This will require a variance of approximately seven (7) feet. An existing 12' x 22' garage and 7' x 22' shed will be demolished. The proposed location of the new garage will keep the front building line the same as the existing garage and house. The addition would expand the footprint of the garage on the east, west, and south sides, while not encroaching any further toward 51" Avenue. Mr. Hollman informed the Commission that in October of 1996, Case 9610-49 was a public hearing for what is essentially the same request. At that time, the applicant was advised to get a survey of the lot to determine the locations of the property lines and setbacks for the proposed structure. This information was not submitted and the case was eventually denied. Section 9.105(3)(i) states that no application for a variance which has been denied shall be resubmitted until a period of six (6) months has passed from the date of said decision. This case was heard in October, 1996. Enough time has elapsed to enable the property owner to apply for the same variance. Mr. Hollman stated that the surrounding property on the east, west, and south is zoned R-I, Single Family Residential, and is used residentially. The property to the north is zoned R-2, Two Family Residential. As stated in the application, existing structures on this side of 51~ Avenue have a setback of 20 feet from the curb. However, at the time of the 1996 hearing, staff went to the site to measure the distance of other garages facing 51~ Avenue to the property lines. It was determined that seven homes on the north side of 51't Avenue had a setback of 20- 25 feet from the garage door to the lot line. Other homes along the south side of 51't Avenue have similar setbacks. Mr. Hollman informed the Commissioners that accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance. Requirements are as follows: No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is less; No accessory structures shall exceed 1,000 square feet, and any lot over 6,500 square feet may have a lot coverage of up to 30%; Within any R-1 district, private garages are limited in number to one (1); Detached accessory structures must be six (6) feet or more from the principal structure; and, Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be 20 feet or more. He indicated that the site plan that was provided with the application indicates that the garage would be set back three (3) feet from the east (rear) lot line and fourteen (14) feet from the south (side)lot line, which meets PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES PAGE 13 requirements. The site plan does not indicate the distance from the proposed garage to the house but it appears that there is more than enough space to meet the six (6) foot setback requirement. The lot coverage on the property, if the new garage were built, would be approximately 22%, which meets requirements. The plan also indicates that the proposed garage will be 23 feet south of the curb along 51~ Avenue. The lot line is shown as 10 feet from the curb, which would leave approximately 13 feet between the lot line and the proposed location of the garage. This requires a variance of seven (7) feet. Mr. Hollman indicated that a survey of the property was completed on May 6, 1997. However, this is not a total boundary survey and it does not show any improvements on the property. As stated in the attached correspondence from April 24, 1998 and October 1, 1996, a site plan or survey of the site indicating the setbacks of the proposed structure from property lines and existing structures is required. The applicant did bring in a site plan on April 29, which illustrates the location of the proposed garage in relation to existing buildings and lot lines. Mr. Hollman informed the Commission that Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." He stated that in order for a variance to be granted, a hardship needs to be established. There is room on the property for the garage to be built at the required setback, and other hardships have not been demonstrated. Mr. Hollman also added that should the garage be located 13 feet from the lot line, a car parked in the driveway would be partially parked on the public right-of-way. Mr. Hollman stated that the City Comprehensive Plan designates this area for Iow density residential development. The proposal does not impact the goals and objectives of the Comprehensive Plan. Mr. Hollman informed the Commission that the positive aspects of this proposal would be that the variance would allow the property to be developed as planned, which would improve the property. He added that the negative aspects of this proposal Would be that there is room on the property for the garage to be built at the required setback, and hardship has not been demonstrated. Cars parked in the driveway would be partially located in the public right-of-way. Chairperson Szurek opened the public hearing. Walter Horishnyk of 5055 Madison Street spoke on behalf of his variance request stating that he did not have a clear hardship for the variance. However, he stated that a rather large oak tree did exist near the property line in the area that would abut the rear of the proposed garage location. It was his contention that could be a hardship as the construction of a garage in a location conforming with setback requirements could infringe on the root system PLANNING AND ZONING COMMISSION REGULAR MEETinG- MINUTES MAY 5, 1998 PAGE 14 of the tree and cause damage to the tree. It was his opinion that constructing the garage to setback requirements would leave him with five feet of land area at the rear of the garage that would be useless. He stated that the required setback of twenty feet to the property line would have a negative impact on his property value. He did not understand the value to having a twenty foot setback from the property line to the garage doors. Mr. Horishnyk also compared his variance request to that of the previous variances approved for the proposed redevelopment at 3701 Central Avenue. He accused the Commission of being pro-business and against the residential homeowners. Attorney Hoeft suggested that staff work with the City Forestor to verify the location of the tree on the site and whether the construction of a garage meeting the setback requirements would have an impact on the root system to the tree. Mr. Hoeft also responded to the comparison of variance requests explaining to Mr. Horishnyk that the variances approved for 3701 Central Avenue were not the same type of variances as well as comparing residential to commercial which have different requirements. He added that garages have specific setback requirements of twenty feet from the property line when the garage doors face the alley adding that when the City passed that requirement, there were specific reasons for doing so. Motion by Fowler, seconded by Peterson, to table the variance application for 5055 Madison Street until the June 2, 1998 Planning and Zoning meeting. Voice vote: All Ayes. Motion carried. Public Hearing Site Plan Approval Case #9805-25 Ella Parker RE: 3714 Tyler Street Columbia Heights, Mn. Mr. Hollman presented the request of Ella Parker for a site plan approval from the Planning and Zoning Commission to move a house onto the property at 3714 Tyler St. The house is a prior built 896 square foot (32' x 28'), one and one-half story single family dwelling. He informed the Commission that Site Plan approval is one of thirteen requirements as stated by the Building Official that are needed to obtain a Moving Permit. Mr. Hollman stated that there are no previous Planning and Zoning Commission cases on this site. Staff conducted a pre-moving inspection of the house and subject parcel on March 25, 1998. At this time, the applicants were made aware of the improvements needed on the house to bring the structure into compliance with local and state codes. Mr. Hotlman informed the Commission that the surrounding property in all four directions is zoned R-2, Two Family Residential, and is used residentially. The applicants have stated that they plan to side and re-roof the house. The dwelling will be consistent with the character of the surrounding neighborhood in both appearance and architectural style. He stated that single family dwellings are a permitted use in the R-2, Two Family Residential district. Section 9.108(4) of the Zoning Ordinance requires the following minimum lot area, size, and setbacks for the principal PLANNING AND ZONING COMMM~$$10N REGULAR MEETING- M~NUTE$ ~'Y 5, lggB PAGE 15 structure: Minimum lot area shall be 8,500 square feet- subject parcel is 5,120 square feet; ,- Minimum lot width shall be 60 feet- subject parcel is 40 feet wide; ,- Minimum front yard setback shall be 25 feet- site plan indicates a 35 foot front yard setback to the house and a 25 foot front yard setback to a porch; · Minimum side yard setback shall be 5 feet- site plan indicates a 6 foot setback from each side lot line; · Minimum rear yard setback shall be 30 feet- site plan indicates a 61 foot setback from the rear yard to the dwelling. He added that the lot area and width of the subject parcel do not meet the minimum requirements of this section of the Zoning Ordinance. However, Section 9.104(4) of the Ordinance states that a lot of record shall be deemed a buildable lot provided it has frontage on a public right-of-way. A lot of record in an "R" district may be utilized for single family dwelling purposes provided the measurements meet 100% of the front, side, and rear yard setback requirements and 60% of lot area and width requirements. Based on these provisions, the proposal meets requirements of this section of the Zoning Ordinance. Mr. Hollman added that Section 9.108(5) requires that one and one-half story dwellings containing two bedrooms or less need 768 square feet on the first floor plus 120 square feet for each additional bedroom. The house is 896 square feet and contains two bedrooms downstairs and one bedroom upstairs. This exceeds the floor area requirement. Section 9.116(4) requires that single family dwellings provide at least two (2) off-street parking spaces, one of which shall be a garage. The applicant is proposing to construct a 20' x 22' (440 square feet) garage on the property. Section 9.104(5) requires that accessory structures can not exceed 1,000 square feet. In addition, any lot at or under 6,500 square feet may have a lot coverage up to 35%. If the site is developed as proposed, these requirements will be met. Accessory structures are required to be set back six (6) feet from any principal structure and three (3) feet inside the rear and side lot lines. However, if a garage is designed so that the vehicle entry door faces an alley or street, the distance between the door and the lot line shall be 20 feet or more. Mr. Hollman stated that Staff discussed this issue with the applicant on April 28, 1998. The site plan indicates that the garage will be built ten (10) feet from the rear lot line. The vehicle entry door will face the alley, therefore the garage will need to be set back twenty (20) feet. The applicant has agreed to this. Aisc, a driveway is proposed to extend from the alley to the garage. City Ordinance #1281 (Housing Maintenance Code) requires that this driveway be hard- surfaced. Mr. Hollman informed the Commission that the following steps will need to be completed and approved prior to the issuance of any permits: · Soil tests are needed. These have been conducted on the property and the soils have been determined to be suitable for development. · A lot survey showing location (setbacks) and drainage of the proposed structure, driveway and landscaping will be required prior to issuing a building permit. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES MAY 5, 1998 PAGE 16 Plans showing how the proposed foundation will be constructed and fastening of the structure to the foundation; An energy audit is to be conducted; All masonry chimneys must be certified; An approval of the sewer and water connections by the Public Works Department; Approval of the moving route by the Columbia Heights Public Works Department, Anoka County Department of Transportation, and Minnesota Department of Transportation; Movin9 route and times must be approved by the Columbia Heights Police Department; All work must be conducted by contractors licensed by the City; The building will be treated as new construction and, therefore, must comply with all current state and municipal codes; Applicants must notify and receive approval from ail utility companies. Mr. Hollman I~ointed out that the applicant has expressed a desire to elevate the grade of the lot with fill that will be taken from the lot when the basement is dug. Plans indicate that there will be an 18 inch slope for drainage. He stated that should the amount of fill exceed 400 cubic yards, a Conditional Use Permit will be required. However, if the amount is less than 400 cubic yards, the Conditional Use Permit will not be needed, but a grading and drainage plan will need to be reviewed and approved by the Public Works Department as part of the permitting process. Mr. Hollman stated that the City Comprehensive Plan designates this area for Iow density residential development, which includes one and two family dwellings. The Land Use and Redevelopment component of the Plan encourages the infilling of vacant parcels and the rehabilitation of existing development land in accordance with uses specified in the Land Use Plan. It was his opinion that the proposal is consistent with the City Comprehensive Plan. Mr. Hollman stated that the positive aspects of this proposal would be that the proposal is consistent with the City Comprehensive Plan, if the site is developed as proposed, it will meet the requirements of the Zoning Ordinance, and the dwelling is compatible with the character of the surrounding area. Chairperson Szurek asked if any plans for the alterations to the structure were available. Mr. Hollman replied that staff did not have plans. The property owner, Ella Parker, was present and provided a preliminary plan of the proposed house. She also provided a cardboard rendering of the future proposed structure and how it would look after the construction of dormers on each side of the roof and an addition on the front and rear of the house. She stated that a full basement would be constructed under the house and the structure will be brought into conformance with all applicable codes. She added that her daughter will be occupying the house upon completion. Commissioner Fowler inquired as to the feasibility of moving a building in rather than new construction. Mrs. Parker responded that she got such a good deal on purchasing the house that it definitely is worth her efforts to do this. Chairperson Szurek opened the public hearing. PLANNING AND ZONING COMMI8810N B. EGUL/IP, I~EETI~G - ~tNUTE8 MAY 5, 1998 PAGE 17 Michael Haney of 3713 Tyler Street was present as well as Jeff Brody of 3805 Reservoir Boulevard. Mr. Brody inquired as to the garage setback from the alley and whether there would be a time limit on the alterations and additions to the structure once it is moved onto the lot. Staff responded that with the garage doors facing the alley, the setback to the rear property line would be twenty feet. The time frame would be the term of the building permit which is 180 days from the date it is issued. A Certificate of Occupancy would not be issued until work is completed. The public hearing was closed. Motion by Fowler, seconded by Ramsdell, to approve the Site Plan to allow a house to be moved onto the lot at 3714 Tyler Street provided that the requirements needed to obtain a moving permit are met and in full compliance. Voice vote: All Ayes. Motion by Peterson, seconded by Fowler, to adjourn the meeting at 9:30 p.m. Voice Vote: All Ayes. Motion carried. Respect~.~ubmitted, ~,. . Kathryn Pepin - Secretary to the Planning and Zoning Commission kp MII~UTF_.S May 5, 1998 The meeting was called to order by Chair, Barbara Miller. Those present were: Barbara Miller, Patricia Sowada, Nancy Hoium, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the April 7th meeting as mailed. The May 11t~, 1998, bill list was reviewed. It was moved, seconded, and passed that they be paid. The accounting was reviewed. Old Business: An update on the roof was presented. The City Manager and Building Official inspected the roof and damage to ceilings on 4/21. An opinion was submitted that a pitched roof was not feasible due to all of the HVAC equipment that is on the roof. An asphalt roof was recommended. Discussions are occurring about whether to patch the roof or replace in sections as necessary. The matter will be monitored through memos until a resolution is reached. The Board will be updated as necessary. The Minnesota Design Team (MDT) visit was reviewed. Ideas were presented in the form of immediate goals, plans that could be implemented within 5 years and long range goals ranging from 6 to 10 years. Three immediate goals were discussed: a gateway using the pedestrian bridge on 49th and Central, reactivate and rename the neighborhood groups, and a bike trail. The visit at the library was very nice and a good break for all concerned. A summary report is being compiled by members of the steering committee, and the Board will receive copies of those once they are completed. A repot[ on the Metro North tour to the library was given. This tour was a joint effort of Anoka County Library and Metro North, with funding through a grant. The program is for English as a Second Language (ESL) parents and children. The planning and organizing of the tour by Metro North was rather poor. The original group was supposed to return to the library 3 weeks after their initial visit to retum library materials. In reality the second visit was comprised of a completely different group of individuals, and staff was left scrambling to accommodate a "second" initial visit presentation. The bookmark that was sent to volunteers along with a thank you letter was viewe'd by the Board. Thirty-one volunteers were recognized for their participation in the "bugging" of library materials for the new security system. Possible dates for a long range planning meeting were discussed by the Board. A tentative date was set for Monday, June 15, 1998, at 7:00 p.m. at the library. Nancy Hoium will not be at the Library Board meeting of June 2ha. The library will have a table at the City Open House to be held on May 19, from 4:00 to 7:00 p.m. at the Municipal Service Center. 7. Thank you letter to IRS volunteer, Debra Patrin, was reviewed. Two new pages, Scott Sikorski and Jessica Pagel, have completed training and have started working regular hours the week of May 4th. Samantha Pace has tendered her resignation, so the new pages are also covering the hours vacated by Samantha. Page recruitment ended on April 30th, and interviews will be held the week of May 11t~. City Resolution 9842 adopting the Goals Program for the City of Columbia Heights was reviewed. The Board will use this document when conducting their long range planning session. New Business: The article that appeared in the Northeaster concerning possible book rental of bestseller materials at the Hennepin County Library was reviewed. Crossover statistics were reviewed. o The items that have been donated by the Friends of the Library were reviewed for the Board. A dehumidifier for the lower level and the planters and greenery located by the security system gates have both been received. A printer for the PAC terminal in the Children's Department isstill on backorder. A new kick-stool has been received from the Campbell's Labels for Education Program. 4. A truck has been reserved for use by the library during the Jamboree Parade. There being no further business the meeting was adjourned at 8:05 p.m. Respectfully submitted, J~anine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of di_sability 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. C~IARTER COMMISSION APRIl, 16, 1998 7 P.M. GAUVITTE ROOM, JOHN P. MURZYN HALL CALL TO ORDER The meeting was called to order at 7:03 p.m. by President Nan Tilkens. ROLL CALL Members present: Bill Antzaras, Joel Cason, Charles Christopherson, Carol Crema-Klein, Ted Landwehr, Bruce Nawrocki, Nan Tilkens, Jamie Verbrugge Members absent and excused: John Murzyn, Theresia Synowczynski Members absent and unexcused: Janis Larson, Bruce Magnuson, Brian Peterson Also present: Councilmember Bob Ruettimann; Commission Liaison Don Jolly STATUS OF MEMBERSHIP There have been no new appointments made since the last meeting. The Chi&Judge's office states there has not been any apphcations received. Gary Olson and Dick Schmidt, former Charter Commission members, have been officially recognized by the Council. APPROVAL OF MINUTES Motion by Bruce Nawrocki, seconded by Joel Cason, to approve the minutes of January 15, 1998, as submitted. CORRESPONDENCE The President reported the oaths for Bruce Magnuson and Charles Christop. herson were sent to the .Chief Judge. The 1997 Annual Report was forwarded to the City Clerk, Ball Elrite and the Chief Judge m January. OLD BUSINESS Chapter 3, Section 17, Regarding Keeping Written Minutes of all City Council Meetings The charter ordinance on this sedtion ~vent into effect January 13, 1998. The minutes of 2/2, 2/18, 3/10, 3/16, and 3/30 work sessions were available at tonight's meeting for commissioners who were interested. Second Reading of Chapter 2, Section 7, Elective Office Regarding the Mayor's Term Changing from Two Years to Four Years The first reading of this proposed charter change was held at the last regular meeting of January 15th, 1998. Considerable discussion ensued on 'this subject. Pros to moving to four years were again reiterated: provides more accountability and continuity, less turnover. Cons included if we had a bad mayor, we then would be "stuck" with that person for four years. Nan Tilkens suggested that we need to get more feedback from the community on this issue, and solicited ideas of how to accomp, lish that. Public hearings and paper surveys - either by postcard or a single page (either with utility bdls or in the city newsletter or city newspaper) were suggested. If a paper survey was done, perhaps other issues (such as the ward system) could also be included along with maybe five or six other questions. The President asked commissioners whether they wanted to table the second reading of this ordinance, get more public input, or do we want to pass the second reading and send it onto the council? In order for the Council to pass the ordinance sent to them, it must be unanimously approved. Carol Crema-Klein arrived at 7:31 p.m. Charter wording was checked to see how long the council has from the time it is sent a charter amendment to the time they must react to it. Several members thought this issue should be put on the ballot for the September election. Motion by Bruce Nawrocki, seconded by Jamie Verbrugge to: - approve the second reading of the amendment regarding the term of office for Mayor, and - send it to the City Council with a recommendation that they place this issue on the ballot in the fall election, and - request the City Attorney expeditiously review the matter with respect to whether or not any appropriate time requirements are being violated, and - have the President of the Charter Commission call a special meeting of the Charter Commission to rescind the second reading if there are any violations. Further discussion on this issue ensued. Ted Landwehr felt the issue should be placed on the ballot at the general election, not the primary, and how could this be accomplished. The question was called. Roll call vote: 4 yes, 3 no, 1 abstained. Motion did not pass. The President will contact the City Attorney to review timelines to get it on the general election ballot, and when should the Charter Commission do the second reading, and send it onto the Council. If we do not have enough time, per the City Attorney, it gets sent back to the Charter Commission. It was pointed out that Rule 13 of the Charter Commission Rules states that ifa vote is defeated, another first reading of a proposed charter change cannot be held that same meeting (but a 2/3 vote of the commission can suspend this rule). Motion was made by Ted Landwehr, seconded by Carol Crema- Klein to suspend the rules and take another vote on the issue tonight. One commissioner voted against this motion, and all the remaining members voted for the motion. Motion by Jamie Verbrugge, seconded by Carol Crema-Klein to reintroduce the proposed amendment of Chapter 2, Section 7, regarding changing the term of office for Mayor. Roll call vote: 7 - yes; 0 - no; 1 - abstained. Motion passed. The Commission President was advised to contact the City Attorney on timing of passage to enable this item to be on the ~general election ballot if voted down by the City Council; and that the President call a special meeting of the Charter Commission if needed to accorm~odate the timeline. Report of Sub-Committee on Ward System Jamie Verbrugge, Chair for this Sub Committee, stated that members received minutes from the sub- committee meeting of February 26, 1998, and excerpts from the work session discussion with the City Council on March 16, 1998, pertaining to this issue. He also stated that at the sub-committee meeting of February 26% Bob Barnette from the City of Fridley was invited to attend and discuss this subject. Mr. Barnette is an at-large councilmember from Fridley, where they do have wards. Again, it was expressed that more citizen input should be heard on this subject. Council Liaison Don Jolly arrived at 8:10 p.m. Councilmember Ruettimann stated his views on this subject. He is not in favor of the ward system. He stated that he didn't feel we were large enough to have wards; he liked the system as it is now where you are accountable to everyone. If we had a ward system, candidates won't have to spend so much money campaigning; not as many si~$,n, s would be needed; easier accessibility to your councilperson; and there seems to be more of a sense of community". Ted Landwehr left the meeting at 8:22 p.m. Some Charter Commission members felt the ward system would not work in Columbia Heights. Page 2 of 5 4-16-98 Motion ~o7 lamle VerBrugge, seconded by Joel Cason to table this item for discussion at the July regular meeting. Motion passed unanimously. Discussion on Chapter 3, Section 16, Notice of Upcoming Meetings Members received a written response from the City Attorney on this item. In summary, special meetings have a statutory requirement of 3 days posted notice. It should be remembered that an emergency meeting will always be a special meeting, but all special meetings need not be emergency meetings. The Charter (Chapter 16) does not specifically spell out what constitutes an "emergency" meeting. It was unsure what other cities require for notice of emergency meetings. After some discussion, motion was made by Bruce Nawrocki, seconded by Carol Crema-Klein, that the City Attorney be requested to prepare langua~,e for consideration by the Charter Commission for the notice for special and emergency meetings, w~th a three business day notice for a special meeting, and appropriate notice for emergency meetings. Motion passed unanimously. Discussion of Chapter 2, Section 13, Council Salaries A copy of State Statute Section 415.11 was sent to all members, as well as the League of Minnesota Cities 1997 Elected Officials salary information report. It was noted that this information from AMM does not include benefit information (PERA, Social Security, insurance coverages). Written information on the amounts budgeted for the Mayor and City Council for 1998 salaries and benefits had also been provided for members. Some members wondered why the city does not belong to AMM. Bruce Nawrocki stated that he feels there should be a better system to compensate council ,m, embers, lie felt that the existing language, at the least, should be replaced or taken out, or should state as allowed per state statutes". It was again discussed whether there should be language put in the charter on this subject, i.e., annual raises to reflect cost of living raises or the same as what the city manager gets. Jamie Verbrugge felt that we should allow the council to set salaries or change the charter, or some other determination of salaries should be set forth. It was also noted that any changes in salaries voted upon do not take effect until the next calendar year. Motion by Carol Crema-Klein, seconded by Bill Antzaras, to table this item for the July regular meeting. Motion passed unanimously. Corrected Copy of 1997 Annual Report President Tilkens stated that the corrected copy of the 1997 Charter Commission Annual Report was provided to all members, and was sent to the Chief Judge and City Clerk. No further action ~s required. Discussion on City Commission Membership Regarding City Council Members Several pages from the administrative code addressing couficil membership on various commissions had been provided to the members in their packet. Park and Recreation, Planning and Zoning, Traffic, Library Board, and Telecommunications Commission information was reviewed. The Administrative Code ~s where the council members are given the right to be voting members of boards and commissions. In reviewing the current s~tuation of the Traffic, Planning and Zoning, and Park and Recreation Commission membership, there are two councilmembers each serving on these commissions. Bruce Nawrocki stated that he felt one councilmember on each commission is good, and two is not good. Council liaison Jolly felt the same way. Members were informed of their options for this issue: either amend the administrative code or insert language in the charter limiting councilmember membership on a board or commission to one councilmember per commission. Motion by Jamie Verbrugge, seconded by Bruce Nawrocki, that the Charter Commission recommend to the City Council that they amend the administrative code to reflect that all councilmembers appointed to a commission should have only one city councilmember serving at a time; further, if a newly elected councilmember is currently seated on a commission, that seat is vacated, and a new appointment is Page 3 of 5 4-16-98 made. Discussion then ensued about the Board of Review and the Economic Development Authority (formerly the Housing and Redevelopment Authority). These two bodies are made up of the entire council, statutorily. Members wondered if there were other boards or commissions which are categorically the same as the Board of Review and the EDA. In preparing correspondence to the Council on this issue, the President of the Charter Commission understands the intent of the motion, and if any changes need to be made to the motion, she should do so. Motion passed unanimously. Discussion on Emergency Ordinance # 1368 Passed December 22, 1997 The President had been dsked to contact the City Attorney for his opinion on this ordinance. Section 10 of the charter gives the President of the Council authority to serve as the presiding officer of the Council in the Mayor's absence, but it does not clearly state the President has the authority to sign contracts or deeds on behalf of the city. That was why this ordinance was prepared and passed, with the knowledge that the Mayor would be absent for a number of weeks the first part of 1998. Bruce Nawrocki stated that he thought language should be added to authorize the Council President to act when the mayor is incapacitated or absent. Motion was then made by Bruce Nawrocki, seconded by Jamie Verbrugge, to have the City Attorney prepare draft language to clarify Chapter 2, Section 10, by authorizing someone to sign on behalf of the city in the absence of the May. or. The language should clearly define the process-this authority would first be given to the Council President, then to councilmembers by order of years of seniority. Some members wondered again how this is handled in other cities. Motion was passed unanimously. Other Old Business - None NEW BUSINESS Proposed Changes to the Charter's Rules Some changes to our Charter Commission rules were proposed by Jamie Verbrugge, who had submitted in writing proposed additions or deletions to items #3, 6, 7, 8, 9, 10, 11, 12, 13 and 14. President Tilkens stated that she would like to see item #1 of the rules pertaining to the election of officers changed to the January meeting of each year and her reasoning why. Jamie also suggested at the meeting that the last sentence of item #13 could be struck as well. Motion by Bruce Nawrocki, seconded by Bill Antzaras, to table this item to our next regular meeting in July, and to have Jamie Verbru.gge modify the language in item #1 to reflect January as the month for election of officers, and to modify the language for number of votes required to pass a change to the majority of the commission, not a majority of those voting, and to bring back the second set of modifications to the rules at the next meeting. Motion passed unanimously. Other New Business Charter Commission members are encoUraged to contact the Recording Secretary if they cannot attend a meeting. This is an important step, to ensure we have a quorum for each meeting. Miscellaneous Items · President Tilkens reminded members that the Lion's will be having a pancake breakfast this Sunday, April 19~ at Murzyn Hall. · The Minnesota Design Team will be in town on May Ist and 2ha. Many events are planned over those two days. If you need more information, contact Bruce Magnuson or Nan Tilkens. · The City Attorney, Jim Hoeft, and wife recently had a baby boy. A congratulatory card was passed around for members to sign. · There is a special referendum election on April 21St-please get out and vote! NEXT MEETING DATE The next regularly scheduled Charter Commission meeting will be July 16, 1998, at 7 p.m. Page 4 of 5 4-16-98 ADJOURNMENT Motion by Bruce Nawrocki, seconded by Bill Antzaras to adjourn the meeting at 9:39 a.m. Rest>ectfully submitted, 'CSarole J. Blow-~s, Recording Secretary Page 5 of 5 4-16-98 CHARTER COMMISSION APRIL 16, 1998 7 P.M. GAUVITTE ROOM, JOHN P. MURZYN HALL CALL TO ORDER The meeting was called to order at 7:03 p.m. by President Nan Tilkens. ROLL CALL Members present: Bill Antzaras, Joel Cason, Charles Christopherson, Carol Crema-Klein, Ted Landwehr, Bruce NawrOcld, Nan Tilkens, Jamie Verbrugge Members absent and excused: John Murzyn, Theresia Synowczynski Members absent and unexcused: Janis Larson, Bruce Ma. gnuson, Brian Peterson Also present: Councilmember Bob Ruett~mann; Commission Liaison Don Jolly STATUS OF MEMBERSHIP There have been no new appointments made since the last meeting. The Chi&Judge's office states there has not been any apphcations received. Gary Olson and Dick Schmidt, former Charter Commission members, have been officially recognized by the Council. APPROVAL OF MINUTES Motion by Bruce Nawrocki, seconded by Joel Cason, to approve the minutes of January 15, 1998, as submitted. CORRESPONDENCE The President reported the oaths for Bruce Magnuson and Charles Christop. herson were sent to the .Chi&Judge. The 1997 Annual Report was forwarded to the City Clerk, B~ll Elrite and the Chief Judge ~n January. OLD BUSINESS Chapter 3, Section 17, Regarding Keeping Written Minutes of all City Council Meetings The charter ordinance on this section went into effect January 13, 1998. The minutes of 2/2, 2/18, 3/10, 3/16, and 3/30 work sessions were available at tonight's meeting for commissioners who were interested. Second Reading of Chapter 2, Section 7, Elective Office Regarding the Mayor's Term Changing from Two Years to Four Years The first reading of this proposed charter change was held at the last regular meeting of January 15th, 1998. Considerable discussion ensued on this subject. Pros to moving to four years were again reiterated: provides more accountability and continuity, less turnover. Cons included if we had a bad mayor, we then would be "stuck" with that person for four years. Nan Tilkens suggested that we need to get more feedback from the community On this issue, and solicited ideas of how to accomp, lish that. Public hearings and paper surveys - either by postcard or a single page (either with utility bills or in the city newsletter or city newspaper) were suggested. If a paper survey was done, perhaps other issues (such as the ward system) could also be included along with maybe five or six other questions. The President asked commissioners whether they wanted to table the second reading of this ordinance, o et more public input, or do we want to pass the second reading and send it onto the council? In order r the Council to pass the ordinance sent to them, it must be unanimously approved. Carol Crema-Klein arrived at 7:31 p.m. Charter wording was checked to see how long the council has from the time it is sent a charter amendment to the time they must react to it. Several members thought this issue should be put on the ballot for the September election. Motion by Bruce Nawrocki, seconded by Jamie Verbrugge to: - approve the second reading of the amendment regarding the term of office for Mayor, and - send it to the City Council with a recommendation that they place this issue on the ballot in the fall election, and - request the City Attorney expeditiously review the matter with respect to whether or not any appropriate time requirements are being violated, and - have the President of the Charter Commission call a special meeting of the Charter Commission to rescind the second reading if there are any violations. Further discussion on this issue ensued. Ted Landwehr felt the issue should be placed on the ballot at the general election, not the primary, and how could this be accomplished. The question was called. Roll call vote: 4 yes, 3 no, 1 abstained. Motion did not pass. The President will contact the City Attorney to review timelines to get it on the general election ballot, and when should the Charter Commission do the second reading, and send it onto the Council. If we do not have enough time, per the City Attorney, it gets sent back to the Charter Commission. It was pointed out that Rule 13 of the Charter Commission Rules states that ifa vote is defeated, another first reading of a proposed charter change cannot be held that same meeting (but a 2/3 vote of the commission can suspend this rule). Motion was made by Ted Landwehr, seconded by Carol Crema- Klein to suspend the rules and take another vote on the issue tonight. One commissioner voted against this motion, and all the remaining members voted for the motion. Motion by Jamie Verbrugge, seconded by Carol Crema-Klein to reintroduce the proposed amendment of Chapter 2, Section 7, regarding changin~g the term of office for Mayor. Roll call vote: 7 - yes; 0 - no; 1 - abstained. Motion passed. The Comnussion President was advised to contact the City Attorney on timing of passage to enable this item to be on the general election ballot if voted down by the City Council; and that the President call a special meeting of the Charter Commission if needed to accommodate the timeline. Report of Sub-Committee on Ward System Jamie Verbrugg.e, Chair for this Sub Committee, stated that members received minutes from the sub- committee meeting of February 26, 1998, and excerpts from the work session discussion with the City Council on March 16, 1998, pertaining to this issue. He also stated that at the sub-committee meeting of February 264, Bob Barnette from the City of Fridley was invited to attend and discuss this subject. Mr. Barnette is an at-large councilmember from Fridley, where they do have wards. Again, it was expressed that more citizen input should be heard on this subject. Council Liaison Don Jolly arrived at 8:10 p.m. Councitmember Ruettimann stated his views on this subject. He is not in favor of the ward system. He stated that he didn't feel we were large enough to have wards; he liked the system as it is now where you are accountable to everyone. If we had a ward system, candidates won't have to spend so much money campaigning; not as many si~,n, s would be needed; easier accessibility to your councilperson; and there seems to be more of a sense of community". Ted Landwehr left the meeting at 8:22 p.m. Some Charter Commission members felt the ward system would not work in Columbia Heights. Page 2 of 5 4-16-98 NSoSon by lamie Xqerbrugge, seconded by Joel Cason to table this item for discussion at the July regular meeting. Motion passed unanimously. Discussion on Chapter 3, Section 16, Notice of Upcoming Meetings Members received a written response from the City Attorhey on this item. In summary, special meetings have a statutory requirement of 3 days posted notice. It should be remembered that an emergency meeting will always be a special meeting, but all special meetings need not be emergency meetings. The Charter (Chapter 16) does not specifically spell out what constitutes an "emergency" meeting. It was unsure what other cities require for notice of emergency meetings. After some discussion, motion was made by Bruce Nawrocki, seconded by Carol Crema-Klein, that the City Attorney be requested to prepare language for consideration by the Charter Commission for the notice for special and emergency meetings, with a three business day notice for a special meeting, and appropriate notice for emergency meetings. Motion passed unanimously. Discussion of Chapter 2, Section 13, Council Salaries A copy of State Statute Section 415.11 was sent to all members, as well as the League of Minnesota Cities 1997 Elected Officials salary information report. It was noted that this information from AMM does not include benefit information (PERA, Social Security, insurance coverages). Written information on the amounts budgeted for the Mayor and City Council for 1998 salaries and benefits had also been provided for members. Some members wondered why the city does not belong to AMM. Bruce Nawrocki stated that he feels there should be a better system to compensate councilmembers. He felt that the exist!,ng language, at the least, should be replaced or taken out, or should state "as allowed per state statutes . It was again discussed whether there should be language put in the charter on this subject, i.e., annual raises to reflect cost of living raises or the same as what tl~e city manager gets. Jamie Verbrugge felt that we should allow the council to set salaries or change the charter, or some other deterrnination of salaries should be set forth. It was also noted that any changes in salaries voted upon do not take effect until the next calendar year. Motion by Carol Crema-Klein, seconded by Bill Antzaras, to table this item for the July regular meeting. Motion passed unanimously. Corrected Copy of 1997 Annual Report President Tilkens stated that the corrected copy of the 1997 Charter Commission Annual Report was provided to all members, and was sent to the Chief Judge and City Clerk. No further action ~s required. Discussion on City Commission Membership Regarding City Council Members Several pages from the administrative code addressing ~ouncil membership on various commissions had been provided to the members in their packet. Park and Recreation, Planning and Zoning, Traffic, Library Board, and Telecommunications Commission information was reviewed. The Administrative Code is where the council members are given the right to be voting members of boards and commissions. In reviewing the current s~tuation of the Traffic, Planning and Zoning, and Park and Recreation Commission membership, there are two councilmembers each serving on these commissions. Bruce Nawrocki stated that he felt one councilmember on each commission is good, and two is not good. Council liaison Jolly felt the same way. Members were informed of their options for this issue: either amend the administrative code or insert language in the charter limiting councilmember membership on a board or commission to one councilmember per commission. Motion by Jamie Verbrugge, seconded by Bruce Nawrocki, that the Charter Commission recommend to the City Council that they amend the administrative code to reflect that all councilmembers appointed to a commission should have only one city councilmember serving at a time; further, if a newly elected councilmember is currently seated on a commission, that seat is vacated, and a new appointment is Page 3 of 5 4-16-98 macle. Discussion then ensued abou't the Board of Review and the Economic Development Authority (formerly the Housing and Redevelopment Authority). These two bodies are made up of the entire council, statutorily. Members wondered if there were other boards or commissions which are categorically the same as the Board of Review and the EDA. In preparing correspondence to the Council on this issue, the President of the Charter Commission understands the intent of the motion, and if any changes need to be made to the motion, she should do so. Motion passed unanimously. Discussion on Emergency Ordinance #1368 Passed December 22, 1997 The President had been asked to contact the City Attorney for his opinion on this ordinance. Section 10 of the charter, gives the President of the Council authority to serve as the presiding officer of the Council in the Mayor s absence, but it does not clearly state the President has the authority to sign contracts or deeds on behalf of the city. That was why this ordinance was prepared and passed, with the knowledge that the Mayor would be absent for a number of weeks the first part of 1998. Bruce Nawrocki stated that he thought language should be added to authorize the Council President to act when the mayor is incapacitated or absent. Motion was then made by Bruce Nawrocki, seconded by Jamie Verbrugg~, to have the City Attorney prepare draft language to clarify Chapter 2, Section 10, by authorizing someone to sign on behalf of the city in the absence of the May. or. The lan[guage should clearly define the process-this authority would first be given to the Council President, then to councilmembers by order of years of seniority. Some members wondered again how this is handled in other cities. Motion was passed unanimously. Other Old Business ~ None NEW BUSINESS Proposed Changes to the Charter's Rules Some changes to our Charter Commission rules were proposed by Jamie Verbrugge, who had submitted in writing proposed additions or deletions to items #3, 6, 7, 8, 9, 10, 11, 12, 13 and 14. President Tilkens stated that she would like to see item #1 of the rules pertaining to the election of officers changed to the January meeting of each year and her reasoning why. Jamie also suggested at the meeting that the last sentence of item #13 could be struck as well. Motion by Bruce Nawrocki, seconded by Bill Antzaras, to table this item to our next regular meeting in July, and to have Jamie Verbrugge modify the language in item #1 to reflect January as the month for election of officers, and to modify the language for number of votes required to pass a change to the majority of the commission, not a majority of those voting, and to bring back the second set of modifications to the rules at the next meeting. Motion passed unanimously. Other New Business Charter Commission members are encouraged t° contaCt the Recording Secretary if they ~annot attend a meeting. This is an important step, to ensure we have a quorum for each meeting. Miscellaneous Items · President Tilkens reminded members that the Lion's Will be having a pancake breakfast tlfis Sunday, April 19th at Murzyn Hall. · The Minnesota Design Team will be in town on May 1st and 2n~. Many events are planned over those two days. If you need more information, contact Bruce Magnuson or Nan Tilkens. · The City Attorney, Jim Hoeft, and wife recently had a baby boy. A congratulatory card was passed around for members to sign. · There is a special referendum election on April 21St-please get out and vote! NEXT MEETING DATE The next regularly scheduled Charter Commission meeting will be July 16, 1998, at 7 p.m. Page 4 of 5 4-16-98 · ADJOURNMENT Motion by Bruce Nawrocki, seconded by Bill Antzaras to adjourn the meeting at 9:39 a.m. Re~ctfully submitted, 'Carole J. Bloweqs, Recording Secretary Page 5 of 5 4-16-98