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HomeMy WebLinkAboutMarch 16, 1998 GIS Presentationo o Ci.ty of Columbia Heights Geographic Information System (GIS) Presentation March 16, 1998 6:00 P.M. Introduction Geographic Information System Overview a. Approximately 80% of all data maintained by a municipality has a geographic component (Address, Parcel Identification Number, Street Intersection, XY Coordinate, etc0 (Everything happens somewhere) b. A GIS is a combination of computer hardware and software that allows the user to catalog, analyze, and view geographic data. c. All Municipal Departments can benefit. History of GIS in Columbia Heights a. Anoka County b. Workstation Arc Info Co i. Powerful ii. Expensive iii. Difficult to learn iv. Needs Experienced Person v. Limited Applications Stalled Tri-City GIS Range Rider Program a. Columbia Heights, Fridley, Andover Joint Powers Agreement i. Mark Winson, Scott Erickson, Bill Bums b. GIS Range Riders Team splits full-time position between the three cities (4 months per year total) c. Share experience/data/applications/cost. d. First known shared GIS program in area. New Era in GIS a. Low Cost b. User Freindly c. High performance d. ArcView, ArcExplorer Goals & Accomplishments a. 1997 i. ii. 111. iv°' V. Update Existing information Train key staff Develop core data-sets Complete selected GIS projects Develop User Friendly applications vi. 1998 i. ii. Documentation Focus on projects Get more staff involved Examples a. Maps/Analysis b. Address Books c. User Manuals d. Applications Tri-City ArcView projects · Mailing Label Project · Street Project Assessment MaplSer · Site Mapper (Zoning) · Parcel Address Updater · AutoMapper 1.0 Mailing ~Label Project · Parcel Selection Processes · Parcel Buffer sele'Cti~fi~':'' ...... ~ · Mailing Label Creation~ · Parcel Report Windows · Error Reporting · Mailing Label Area Mapping Mailing Label Creator AmView View Window with Custom Button Dialogue Box The Mailing Label Creator takes the form of any ArcView project ~vith the addition of~ome custom tools. The Custom tools can be found on ~;he.righ~; li~d side of the ArcView View window. These tools were'designed to perfmm complex or time consuming tasks simply by "clicking on the button". The tools provide the casual user quick access to the information contained in the GIS and options to display this information through maps or reports. The customization tools were developed in all three cities pm-ticipafing in the Tri-City project. Identifying an individual parcel through conventional means involves opening several windows in order to perform the desired queries. The Mailing Label Creator enables the user to click the address button and select the parcel, first by street name... · ..then by house number. The information displayed in the two selection windows is being drawn from the parcel database. Throughout the mailing label process the parcel database is continually being accessed for information. These steps alone may save up to 30 minutes through standard, non-GIS means. 5 Once the parcel has been located ArcView will automatically zoom to the selected parcel. A point will be placed on the over the pre- selected parcel and will be labeled with the PIN number. From this point, several buttons may be used to retrieve infm~nation from the parcel database. Parcel Information - Preset Fields button One button, called Preset Fields, will display information defined by a group of predetermined fields in the database. In the example, the preset fields include the PIN number, address, market value and the year the structure was built. The List Button displays all the information for the selected parcel. This ~mo,'-ma[,on is displayed exactly as it appears in the parcel database. The buffer selection button is used to select parcels within a given distance fi'om the origh~al selected parcel. A default of 350 feet is used as the buffer distance. Most ordinances require that all property owners within 350 feet of a parcel undergoing a zoning revision or variance be notified of the public hearing date. This is an efficient means to determine those people who may be affected by a possible rezoning. 9 Once the buffer selection is complete a report window displays information about the selection set. the report will show how many parcels have a valid address and those that do not. Identifying those parcels without a valid address will be discussed later in this pl~elitahon. !0 Buffer Selection - Zooming in on thc selection set 1 :::~:?:,~':~1:~:::~.~.'Lt~ ~t':~::.:>::. , ': After the report window is closed, the View window will automatically zoom to the extents of the selected parcels. The next step would be to create the mailing labels fi'om the selected parcels. Il Mailing Labels · Preset Reports · New reports ./2 Mailing Labels Creating mailing labels from the selected parcels The mailing label button produces a windo~v displaying two types of labels to create. One label format is based on the parcel address and the other is set by the property owner address. 13 Once the choice is made a window is displayed with directions to complete the ~:~' - ma~m~ label process. !4 Mailing Labels - Choosing the mailing label r~port to ~ .... 7~L::::'' . :.,...T.T...7'.'t ..... :~ ~ 5:ff~:~::~2~ :::~: ~-::~ f~:~2:~:~'' ===================== :"J:~J :~ :;' ~J~: ~'::~¢.~i~5~2:: Choose the mailing label report again .... /5 ~Lail~ng Labels - Selecting the database to use to create the mailing labels The mailing labels m'e generated with a software called PresenTable. PresenTable needs additional information to create the desired report or mailing labels. The above slide illustrates the database selection window. The user must identify the database the labels will be created from. For this project, the SELSET.DBF is the database to be used. Selset.db£ is a database created from the selected records and is only maintained by the project until another selection set is created. /6 i Mailmg Labels - Viewing and printing the labels The next window that will appear is the final mailing label sheet(s). From thi s window, the !abels are printed. /7 Alternative Selection Processes · Select by PIN · Select by Polygon · Select by Rectangle · Select by Point & Click ~8 Parcel selection by PIN number requires the user to enter the PIN number. The selection process is the same as the address selection button. 19 Once the parcel is identified the View window zooms the the parcel. 2O An additional methods to selecting a group of parcels would be to use the polygon selection tool. The user creates a polygon defining the selection set and a selection report is displayed similar to the one displayed during the buffer selection. £/ Once the report window is closed the View window will zoom to the ..... e~tent~ of the ~' .... ~ ~.,.ut.u parcels. labels can then be created as previously d¢=cnt,¢d. 22 Parce! Selection - Drawing a rectangle to del'mc thc selection set The user can also select a group of parcels by drawing a rectangle over the desired area. The report window is again displayed showing the results of the selection. The view will automatically zoom to the extents of the selected parcels. 24 Parcel Selection - Interactive pa.~l selection with the mouse The final parcel selection tool is the interactive selection with the mouse. The user can move around the View window selected individual parcels. The selected parcel is highlighted with a point and the PIN label. 25 Error Reporting · Parcel Address Missing · Fee Owner Address Missing · Viewing Temporary Files · Exporting Temporary Files 26 The above selection report window identifies parcels with bad address inf6rmation. The following pages describe how the user is able to view and work with the errors i__n. the address. 27 The eh'or process first asks the user to copy the bad adch'ess information to temporary files. If the user responds with a no, the files will not be created. At that point there will be no ~vay to identi~- parcels with address errors. 28 Error Reporting - Notification to the user that a new file containing bad parcel addresses b~s been created The following two message boxes inform the user that a temporary file has been created and gives the user the name of the files... 29 ...the user will be able to view these files, described in the next pages. 30 The last message box informs the user that the next time a parcel o'~'~"*~'-" '~s .... '~' ...... ,~ mo, ,h~, ......... ~,~ files ,~ml be over~5~en. 31 To view the temporary files just created, click the Temp Files buttorl. 32 ,, / The Temp Files button will close the view window and open the temp files dialogue box. From this dialogue box the user cm~ open the two files for viewing and export the files for further The files created during the error reporting portion of the selection processes are important to keep in some cases. If property owners were not selected because of an error in their address, they would 33 Mapping Mailing Label Area · Opening the Map Layout · Adding a New Title · Adding a Map Description · Zooming In on the Map Features · Zooming Out on the Map Features · Printing the Map 34 Occasionally a map will be provided in the mailing or provided in the council packet for the hearing. This need directed the development of a set of tools for the user to print maps dealing with the specific location under action. By clicking the mailing map button, the View window is closed and the map layout would be opened... 35 Mailing Label Map - Defaults to a specified scale and automatically adds the date to the map ...along with the mailing map dialogue box. The dialogue box contains some basic tools to fit the map to the specific needs of the riser. 36 Mailing Label Map - Changing the title of the map with title button By clicldng the title button, the user can enter the desired title for ¸3- Mailing Label Map - Adds a map description describing, possibly the purpose for the mailing labels A description of the map and reason for the mailing is placed at the b~,Lto.~ of the page by clicking the map de.c. ~ptlu~ butto,~. 38 Mailing Label Map - Zoom buttons increment the scale of the map by 200 feet (Zoomed out about 800 feet) The zoom tools increment the scale of the map by 200 feet. Setting the scale of the map can involve several steps, where these buttons eliminate several steps. If the map view is too small, the zoom out button can quickly set the map view to a more desirable scale. 39 Mailing Label Map - Sending the map to the printer F.~idl~ t~resmr~;l~ r~[ap When the print to printer button is clicked, a window will appear reminding the user to set the printer to the proper page layout. If the user hits the yes button on the message box, the map will be sent to the printer. If the user hits the no button, the Printer Setup dialogue window is '~'~ uiap~ayed. 4O :Mailing Label Map - Printing the map to file for ~uture printing Thc print to file button was included so thc user would not need to go tlu'ough all the previous steps to create this map. by printing the map to a file, the user cm~ simply send the file to the printer to reproduce this map. Map files are stored h~ a special directory on the hard drive for easy access in the future. 41 Project Assessment Engineering Department - 1998 · Create New Assessment Project Theme · Edit Existing AssessmentProje6t Theme · Opening an Existing Project Theme · Assessment Project Theme Legend Options · Special Assessment Project Theme Legends Every year a set number of streets will be rebuilt or improved in some manner. The Assessment process for these streets almost always is aided by the use of maps. Through the GIS the Engineering Department has been able to produce Street Assessment maps for the indiovduai projects in i 998. The following illustrations and text describe the processes staff in the Engineering Department were able to produce the assessment maps and at the same time create information stored in the projects' databases. 998 Assessmenet Project View Window - gtartm~ a new assessment project ~&B .~:.~;z~.,~:~3;¢~;~:.~;~¢~4~:~,.:.~ :::::::::::::::::::::::::::::::::::::::::::: ~::...:;; :::. :::::::::: :.:-:~::.:~:; A set of buttons and tools in the dialogue box enable the staff to create or cu,, new' and existing1o, uje~,---: -' .t.t,lc,,,~. .... 1998 Assessrnenet Project View Window - Naming the l~rojeet Adding a new project theme to the ArcView View window requires the user to enter the name of the project theme. The name usually cooresponds to the name of the~s~s, ^ .....,, e, ,'t project. Once a line is drawn representing a project area, a form window pops up to input information about the project line. 1998 Assessmenet Project View Window - Database report of Project description A report window will open displaying the information the user just entered for the project line. If the informationss displayed is incorrect the user can cancel and begin again. More than one line may be created for the same project theme, for example, there may be more than one assessment type included for that project. 1998 Assessmenet Projec~ View Window - Sa',4nl~ edits to the project theme upon completion Once the project lines have been entered the user is prompted to save the changes to the project theme. The above example created four lines representing the same project. 1998 Assessmenet Project View Window - Choosing the legend type for the project theme (single legend) Through the legend button, a choice of legends can be applied to "*u,.~ project theme. The choice of legend was a single line color representing the project theme. The next window asks the user which project theme the legend should be applied to. 10 The project theme will be drawn with a red line when the single line option is choosen for the legend. The View window redraws Witti ute map t,,. ,,ew legend u,~t~,ayed. /! A second option for the project theme legend is based on assessment type. Assessment type values are either Street, Avenue, or Other. The project theme legend will display a few nmore messages befor the View-window is updated with the new legend. /2 If the assessment type of Other is found, the user is asked if they would like to change the classsification for Other. If the user answers yes, a window .... m w,,, appear... /3 1995 Assessmenet Project View Window - Specifying the namc of the Other Assessment typc ...asking for the new description of Other. Special Assessment will be used in the following examples. The View window will update the information for the project *~- ....~'*~' u,tt~, ~,~u green. u~.t,~e, w~u~ the colors of red,TM..... " /5 The third option under the project legend dialogue is the ability to add additional project themes, previously created through this Project Assessment Project. The interface for this option utilizes existing ArcView programming. The legend button will work on these files. 16 A breif description to add existing project themes to the view window is provided to '~-- u ~. user. ]7 1998 Assessmenet Project View Window - Dialogue window for adding themes The open theme dialogue window is displayed. 18 Opening the map layout ¢-- *~' ~ut ute Assessment project... /9 The map layout for the landscape map includes a dialogue box with several tools and buttons. The setup for the landscape and the portrait maps are identical. The landscape map is used due to the size and area of the sample project theme. 20 The title button prompts the user for a title to the map. If a title already exists, the new t,tl~ uYei'¥¥,, t.~ the existing one. Another way to clear *~- ':~"~ t,,. ude be tro use the clear WOu,u title The descriptio of the project to be included on the map is entered into the map description form. The map description area can also be cleared with e clear description bu~on. 22 1998 Assessmenet Project ~p Window - Setting the map legend based on the selected project theme The legend button requires the user to select the project theme(s) to be included in the legend area of the map. The legend of the project theme will be placed in the legend area of the map just as it appears ^~ ~ .e~ends. clear legend button exists to remove ,~,u ~ - 23 1998 Asse~smenet Project Map Window - Portrait map functions exactly as the landscape map The map view window will redraw with the new legend, title, and map descHpfion on the map. Th, e map date is automatically entered. 24 1998 Assessmenct Project Map Window - Zooming in on the map view The zoom in button sets the scale of the map by 200 feet 11 i~31 GlilGii[~o 25 The map view zoomed in about 800 feet from the previous map view. The zoom out button acts similarly to the zoom in button, increments the map scale out by 200 ~ ^' The map view zoomed out about 800 feet from the previous map vie~¥. 28 1 ~98 Assessmenct Project - Surmnar~ The portrait map .and dialogue box contain the same functionality. The orientation of the page is dictated by the specific shape and area of the project theme. The assessment map may be printerd directly to the printer or to a file that may be printed at a later date. Additional functionality is under construction in regards to utilizing previously created project themes. The goal will of this project is the year to year management of street projects and tracking that information. The GIS is designed for exactly this type of project. 29 · Site Mapper · Selecting the Parcel in Question * Maping the Results Site Site AmView View '~,qndow and Box I Mapper Mapper Dialogue Site Mapper - Parcel selection by address (street name) Site Mapper- Parcel selection by address (house number) ~-......~..~ ~ , t ~ :: ':~ ' Site Mapper - Automatic zoom to the selected parcel / / Site Mapper - M.apping the Area surrounding parcel question the :~}~:~.~,~.~,..~~ ;..~ :~. ~.: ......... Site N~apper - Site map title Site l~fappcr - Site map description Site Mapper - Zooming in on the map view window M~pper'- Zoom by 200 feet Site buttons increments Site Mapper - Zooming out on the map view Site Mapper ~ Zoom by I I buttons increments scalc 2O0 fcct  :, .~:::::::::::::::::::::::::::::: : ========================================== ~ ~J J :~~-=::=~ ~ '~6~:%~f,%~: 6 Site Mapper - Printing the map to printer the Site Mapper - Sending map m a print the file Parcel Updater · Utilize with Address Books · Locate Area of Update by Page Number · Update Parcel Address information · Update Parcel Feature information · Display Parcel Address information - Update Lot °- "*-~ '" ---~:---*' -- opnt~ and t_,OIHoHtutiOllS Parcel Updater - Coloes represent stages in the editing process Parcel Updater - Address button activates the address update form 4 Parcel Updater - Pm'eel report button displays the information on the selected parcel 5 AutoMapper 1.0 Two Button Address Book Printing Single Page Printing Overlay Options Auto Mapper - Choosing the individual page to print ~:::.,. ~ ,t .... -- :: ,~--:..:,: .... ~ :::::::::::::::::::::::: ........ '~ '~ /~ ~/ii [ .... .................................. l~"~ .... ~ .... "~~5 ....... CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA H£~6HTS, MN 5542~-3878 (6~2) 782-2800 TDD 782-2806 ADMINISTRATION Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Marlaine Szurek Gary L. Peterson Robert W. Ruettimann City Manager Walter R. Fehst NOTICE OF COUNCIL WORK SESSION N.B. AT 6:00 P.M. IN THE CITY HALL CONFERENCE ROOM, THERE WILL BE A GIS DEMONSTRATION BY JOEL LENZ, TRI CITIES' GIS CONSULTANT. MEMBERS OF THE COUNCIL AND STAFF ARE ENCOURAGED TO ATTEND. Notice is hereby given that a Council Work Session is to be held in the CITY OF COLUMBIA HEIGHTS as follows: Meeting of: Columbia Heights City Council Date of Meeting: Time of Meeting: Location: March 16, 1998 7:00 P. M. City Hall Conference Room Purpose of Mtg: Council Work Session AGENDA Removal of LP Tank at Municipal Service Center LaBelle Condos Retaining Wall Work Authorization to Attend State Conference - Police Department Explorers Authorization to Attend National Conference - Police Department Ex,,plorers Amendment to Licensing Ordinance Re: Pool Halls/Billiard Halls ,~.~, Ward System Discussion - Charter Commission Sub-Committee -- Driveway/Hard Surface Parking Substandard Properties .~ . Temporary Signage Request - Old America/1~ Possible Purchase of Property ~ J",E J"J"~ 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. (-FDD/782-2806 for deaf only.) _City of Columbia Hei_~hts Public Works Department Work Session Discussion Item Work session date: March 16, 1998 ~ Prepared by: Lauren McClanahan, Public Works Superintend Item: Removal of 1000 gallon propane storage tank from MSC yard and disposal of five 30-year old 10I} lb, tanks Background: In the early 1970's, strce~ maintenance operations were such that a large volume of propane was required to heat tack oil Omt was used for oiling down unpaved streets and alleys, seal coating, seal coat preparation, ~tc It was a good management decision at the ~ime to have a storase tank on site that smaller lO0-1b, and 20-15. tanks could be refill~l from. Discussion: Thc ~itua6ort ~ it exists today is as follows: A. The 1000 gallon propane tank is owned by the City. B. The 1000 gallon tank pumping system needs about $700 in repairs to meet operational and safety requkcments. C. The scale shed that sits near the propane tank is constructed of wood. The fire marshall stacs that by code it should be constructed of meal and moved away from the tank area. Replacement estimate is $300. D. 100qb. and 20-lb. cylinders that are refilled have not received regular s;~fety checks and most of them are over 30 years old. E. Employees are not properly trained to refill tanks, Refilling operations arise several times per year and employees neglcc~ or have forgotten safetT training. F. In the last 3 years it is estimated that only 300 to 500 gallons of'propane have been used per year. This amount includes amounts that may have been used by the Police and Fire Departmems. G. The small tanks (100's and 20's) could be refilled at local suppliers by trained personnel Safety checks would be included in each Maintenance operations have changed over the years and staff feels that the area where the propane tank is located could be utRized more effectively if it were converted to material's storage area for the Park Departmcm. Five (5) old lO0-!b, tanks ~hould be disposed of'. They are in excess of 30 years old Recommendations: Dispose of 1000 gallon propane tank - vendor may give us a credit. Dispose of 5 100-lb, propane cylinders that are over 30 years old. Utilize the existing yard space to store Park Department materials. Requested Action: Dire~'staffto remove and dispose of tanks as described above, I¥'£ C CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Brace G. Nawroc 'ki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges · ~N~ "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER City of Columbia Heights Public Works Department Work Session Discussion Item Work session date: March 16, 1998 ~ Prepared by: Kevin Hansen, Public W~ector/City Engineer Item: LaBelle Park Retaining Wall Background: The LaBelle Park Condominium Association has approached City staff in regards to a retaining wall replacement project they have scheduled for early in 1998 construction. The existing retaining walls on the north and east side of building II are made of railroad ties and are deteriorated and buckling. A site map is attached showing the location of the retaining walls proposed for replacement. Discussion: A portion of the existing retaining wall is within City-owned land, on LaBelle Park property. For that reason, the LaBelle Park Condo Association has requested City participation for the retaining wall replacement within City-owned property. Bids have not been received by the Condo Association. Based upon past City bid prices and area measurements, the impact to the City would be about $6,000-$7,000 dollars. The Condominiums were built in 1982. It is my understanding that the original project constructed all the retaining walls on the site, on private and public property. Although there was federal funding on the project, I do not believe that any City funding could be tied directly to the retaining wall construction. Without original construction funding, nor a maintenance or developer's agreement, I am unclear as to the obligation of the City to financially participate in the reconstruction of the retaining wall, particularly when a private entity necessitated the installation of the original wall. The condition of the wall, in both park areas, could be described as adequate. The issue then becomes not of park land retaining walls needing attention, but of continuity in the retaining wall structure itself. Requested Action: Provide direction as to financial participation in the retaining wall replacement for LaBelle Park II Condominiums and, once bids are received by the association, if the City should enter into an agreement for the same. Funding sources would be from the City's Undesignated Fund Balance. Attachment: Site Plan Map 4.0.00 7 GOUT~ Con c rede ~' CONDC LABELLE ,F 3~0.00 -- k tW CONDOMINIUM! ZZO. O0 ....... 6Me' cji' The undersigned, b~ these Floor Plans c being located upon The Soubh Half c Minnesota The East 50.00 155.OO feet the~ The South Half c County, Minn esot West 20.00 feet Those par~s of I Lot 36 lying No~ parallel with ti Beginning being 229.00 fe~ Anoka County, MJ xand parallel wit distance of 163, Iu°U eet ]~,orth oC ~ !!ls~ a dit .a~'( urve to th'n con~ ~d'a r: utheasterly. theaster~y ~ ~g~ees '/91 ...." "" -- ---~D--_,, .,~ ....... ,11 ~---- ....... U ~ ~liL ~F~ I ~~., il If I .il I I~~ Li ~~~.~. ~~' ' / ~o ~ ~ ~' m~.~ ~o ~o _ COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Wak Fehst, li~ City Manager Thomas M. Johnson, Chief of Po · Authorization to Attend Out of Town Conference, Work Session March 16, 1998 March 10, 1998 Backeround Annually there is a state law enforcemem Explorer conference sponsored by the Boy Scouts of America. This evem is one of the highlights of the Explorer's year. All of the training that the Explorers have completed during the year will assist them in the statewide competitions that take place at this event. In 1997 the Post took first place in Hostage Negotiations and received a plaque for this achievement. Analysis/Conclusion The breakdown of the cost for this event is as follows: Four Explorers @ $135/each = $540 Two advisors @ $135/each = $270 The total costs for the conference would be $810. This year's conference will be held April 23-26 at Breezy Point. Funds to cover this event are budgeted for in the Police Department Budget. Recommended Action: Direct the Chief of Police to place this item on the consem agenda for the March 23, 1998 Council meeting. TMJ:mld 98-106 DATE: TO: FROM: SUBJECT: Columbia Heights Police Department March 11, 1998 Walt Fehst, City Manager _ ~d~ Thomas M. Johnson, Chief of Police Authorizations to Attend Out of Town Conference Background: Annually there is a National Law Enforcement Explorer Conference sponsored by the Boy Scouts of America. The Columbia Heights Police Explorers have attended the national conference in 1988 in Boston, in 1990 in Boulder Colorado, in 1992 in Columbia South Carolina, and in 1994 in Bloomington Indiana. This event is the highlight of the Explorers year. All of the training that the Explorers have completed during the year will assist them in the national competitions that take place at this event. Analysis/Conclusion: The breakdown of the costs for this event are as follows: Registration Fee: Four Explorers and two advisors @ $325 Food and Lodging = $1950 Airfare: Four Explorers and two advisors @ $316 =$1896 Total $3846 I am proposing that we use $1500 from line 3105 Training and $500 from line 3320 out of town travel from the Police Budget to assist in covering this expense. We have received a $1000 dollar donation from the Columbia Heights VFW that will also be placed towards these costs giving us a total at this time of $3,000. We have contacted a couple of other civic organizations in an attempt to obtain other donations towards these costs in order to keep the drain on the police budget to a minimum. At this time we would like permission to go ahead and reserve the six spots at the conference at a cost of $1,950. They are already 1/4 full and if for some unknown reason we are unable to secure the rest of the funds we will be able to get back all but $300 of the registration fee. Recommended Action: Direct the Police Chief to place on the March 23rd Council Agenda a Council Letter requesting authorization for Officer Joe Sturdevant and CSO Judy Menth, as advisors to the Columbia Heights Police Explorers, to attend the National Explorer Conference along with four Police Explorers July 19 - 25, 1998 in Washington, D.C. Costs to be covered partially out of the 1998 Police Department Budget and partially by donations received from civic organizations. CITY COUNCIL LETTER Meeting of: March 23, 1998 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Request for Ordinance Amendment BY: Kathryn Pepin BY: NO: Section 5.402 of License Ord. DATE: March 1!, 1998 BACKROUND This office has received a request from the owners of Jimmy's Pro Billiards of 4040 Central Avenue for an amendment to Section 5.402(7) of the License Ordinance Section pertaining to the licensing of Pool/Billard Halls. A copy of that request is attached. The section pertaining to the licensing of pool/billiard halls was amended by Ordinance #1286 on May 9, 1994 under the recommendation of former City Manager, Pat Hentges. The License Review Committee has also reviewed this section and recommend some minor changes which would include moving the verbage of Section 5.402(8) forward in the ordinance and renumbered it as Section 5.402(2). In that section, we also recommend eliminating the reference to the specific Chapter 9.105(5) and change it to read the Zoning Ordinance. It is the possibility that the chapter numbers of items in the Zoning Ordinance will be changing once it is rewritten and reworked this year. The change previously explained will alter the sequence of the numbers of the sections. Section 5.402(7) has also been reworked in format and a new section created for item 5.402(7) (ii) which is proposed Section 5.402(9) and includes the proposed new language explained further in this letter. ANALYSIS/CONCLUSION The License Ordinance Review Committee has reviewed and discussed the request for the ordinance amendment. Rather than changing the current Ordinance to allow those under eighteen (18) on the premises without a parent or legal guardian, the Committee proposes adding an exception to the current 5.402(7) (ii) (new 5.402(9)) which would read: "Any pool hall or billiards hall operating pursuant to Section 5.402(8) (b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian except when involved in an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or civic organization". The Committee offers a second option that would be to allow juveniles in the facility, but to limit the hours of operation to coincide with the curfew ordinance: Sundays through Thursdays, 5:00 a.m. to 10:00 p.m. and Friday and Saturday.from 5:00 a.m. to 11:00 p.m. RECOMMENDED MOTION Move to amend Section 5.402 (7) (ii) of the Pool/Billiard Hall Section of City Code to read "Any pool hall or billiards hall operating pursuant to 5.402(8) (b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian except when involved in an official school, religious, or other recreational activity sponsered and/or supervised by a public entity or civic organization and to incorporate the changes recommended by the License Review Committee as stated herein. ALTERNATE MOTION Move to amend the Pool/Billiard Hall Section of City Code to add a new section stating the"Hours of operation on Sunday through Thursday are between the hours of 5:00 a.m. and 10:00 p.m. and on Friday and Saturday between the hours of 5:00 a.m. and 11:00 p.m." and to incorporate the changes to Section 5.402 as recommended by the License Review Committee as s~ated herein. COUNCIL ACTION: 12:27 FR ~EAGATE ~12 0~ 5708 TO S7022801 P.01/02 To: Kathryn R Pepin Kathy could you please put thi.~ on h'l¢ agenda for the march counsel meetint. Cai1 me with any question or concerns, thanks again. David L Wagner Office: 806-2516 Home: 546-8 I93 FEB ~?'~8 12:27 FR SERGRTE ~1~ 844 To the counsel members of the City of Columbia Heights, We at Jimmy's Pro Billiards would like to request a change in thc ordinance restricting unaccompanied minors from entering our business. We are, to the best of our knowledge, the only business arithout alcohol or offensive material that has a restricted license. We would like to make this change for the following masons: 1. We offer a clean well managed business that is safe and fun for all age groups. 2. We offer structured league play that consists of three person team~. 3. We offer tournament play for ail skill levels including beginners. 4 We offer pool, video games, soft drinks and ~nger foocL $. We offer employment opport~mlties to the gommlmil;y. If this ehan~e were ~mntcd: 1. We would honor the curfew rules of Anoka County. 2. We would use the PA system to annouace curfew restrictions. 3. We would seek the advice of the Columbia Heights police dept. 4. We would hire additional staff if necessary to maintain a safe clean environment. 5. We would mentor and be positi,e role models for m;~or$ and the comrauaity. We look forward to discussing this further and thank you for your continued support, Your friends ~ Jimmy's Pro Billiards ** TOTRL PRGE,002 ** ORDINANCE NO. 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 (h) 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 as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/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(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: (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 hall 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(4) 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. 5.4O2(5) 5.402(6) 5.402(7) 5.402(8) 5.402(9) (a) (b) (c) (d) (e) 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 regulations, unless the same calendar year in business or commercial are in compliance with all applicable ordinances and same premises have been previously inspected within the conjunction with the issuance of a license for any other 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, (b) 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 from entering the establishment as a patron unless accompanied by a parent or legal guardian. 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). 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: 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. tn 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 POOLIBILLIARD HALLS 5.402(1) P~o 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 any person operating a pool hall or billiards hall pursuant to this section, a Conditional Use Permit shall be required and issued pursuant to and in accordance with the provisions of ~i.:.~.::.~?.::~ the Zoning Ordinance. 5.4O2(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 the providing of any of the following or any combination of any of the following amusements: (a) billiards/pool (not coin operated); (b) Shocker (not coin operated); (c) bumper pool (not coin operated); (d) table tennis (not coin operated); (e) less than nine (9) arcade games or devices 5.411(2)(b-e). as defined by 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: 5.402(5) 5.402{6) 5.402(7) 5.402(8) 5.4O2(9) 5.402(10) (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 hall 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. 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 regulations, unless the same calendar year in business or commercial are in compliance with all applicable ordinances and same premises have been previously inspected within the conjunction with the issuance of a license for any other 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 ¢) shall be located: (a) Within three hundred (300) feet of any school building or church, or (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 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian except when involved in an official school, religious, or other recreational activity sponsored andlor supervised by a public entity or civic organization. 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; (h) 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; (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 and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. CITY COUNCIL LETTER Meeting of: March 23, 1998 AGENDA SECTION: NO: ITEM: Request for Ordinance Amendment NO: Section 5.402 of License Ord. ORIGINATING DEPT.: License Department BY: Kathryn Pepin DATE: March 11, 1998 BY: CITY MANAGER APPROVAL BACKROUND This office has received a request from the owners of Jimmy's Pro Billiards of 4040 Central Avenue for an amendment to Section 5.402(7) of the License Ordinance Section pertaining to the licensing of Pool/Billard Halls. A copy of that request is attached. The section pertaining to the licensing of pool/billiard halls was amended by Ordinance #128~ on May 9, 1994 under the recommendation of former City Manager, Pat Hentges. The License Review Committee has also reviewed this section and recommend some minor changes which would include moving the verbage of Section 5.402(8) forward in the ordinance and renumbered it as Section 5.402(2). In that section, we also recommend eliminating the reference to the specific Chapter 9.105(5) and change it to read the Zoning Ordinance. It is the possibility that the chapter numbers of items in the Zoning Ordinance will be changing once it is rewritten and reworked this year. The change previously explained will alter the sequence of the numbers of the sections. Section 5.402(7) has also been reworked in format and a new section created for ite~ 5.402(7) (ii) which is proposed Section 5.402(9) and includes 5he proposed new language explained further in this letter. ANALYSIS/CONCLUSION The License Ordinance Review Committee has reviewed and discussed the request for the ordinance amendment. Rather than changing the current Ordinance to allow those under eighteen (18) on the premises without a parent or legal guardian, the Committee proposes adding an exception to the current 5.402(7) (ii) (new 5.402(9)) which would read: "Any pool hall or billiards hall operating pursuant to Section 5.402(8) (b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian except when involved in an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or civic organization". The Committee offers a second option that would be to allow juveniles in the facility, but to limit the hours of operation to coincide with the curfew ordinance: Sundays through Thursdays, 5:00 a.m. to 10:00 p.m. and Friday and Saturday from 5:00 a.m. to 11:00 p.m. RECOMMENDED MOTION Move to amend Section 5.402(7) (ii) of the Pool/Billiard Hall Section of City Code to read "Any pool hall or billiards hall operating pursuant to 5.402(8) (b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian except when involved in an official school, religious, or other recreational activity sponsered and/or supervised by a public entity or civic organization and to incorporate the changes recommended by the License Review Committee as stated herein. ALTERNATE MOT!ON Move to amend the Pool/Billiard Hall Section of City Code to add a new section s[a~ing the"Hours of operation on Sunday through Thursday are between the hours of 5:00 a.m. and 10:00 p.m. and on Friday and Saturday between the hours of 5:00 a.m. and ll:00 p.m." and to incorporate the changes to Section 5.402 as recommended by the License Review Committee as stated herein. COUNCIL ACTION: FEB 12:~7 F~ SERGRTE ~1~ 844 5?08 TO 978~E881 P.~i~ To: K~thryn R Pepin Kathy could you please pu£ ~ on thc agenda for ~¢ march count! motrin§. Cai] me with any question or concerns, tlmr~ a~',~in. David L Wagner Office: 806-2516 Home: 5~5-$ I93 ORDINANCE NO. 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 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 as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/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). 5.4O2(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: (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 hall 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(4) 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. To the counsel mc'tubers of thc City of Columbia Hcight~, We at J/mmy's Pro Bill/ar~ would like to r=qucst a change/n ~h¢ ordimmce r~trict/ng urmccornpani~l minors fi:om enterin$ our business. We are, to the best of our knowledge, the only business w/thout alcohol or offensive mar~rial that has a rcstr/cted license. We would like to make tiffs change for the following masons: 1. We offer a dean well managed business that is safe and fun for all age groups. 2. We offer structured league play that consists of three person 5. We offer tournament play for all skill levels including be~nners. 4 We offer tmol, video games, soft drink~ and finger food. $. We offer employment opport~mlt/es to the If this chaug¢ were granu~d; 1. We would honor the curfew rules of Anoka County. 2. We would use the PA system to announce curfew restr/ctions. 3. We would seek the advice of the Columbia Heights police dept. 4. We would hire additional staff if necessary to maintain a safe dean envh'onment. 5. We would mentor and be positive role models for mf~ors and the comm__unity. We look forward to discussing this further and thank you for your continued support, Your friends @ Jimmy's Pro Billiards TOTAL PAGE.00~ 5.4O2(5) 5.402(6) 5.402(7) 5.402(8) 5.402(9) (a) (b) (c) (d) (e) 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, (b) 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 from entering the establishment as a patron unless accompanied by a parent or legal guardian. 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). 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: 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 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 any person operating a pool hall or billiards 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 the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/pool (not coin operated); Shocker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games 5.411(2)(b-e). or devices as defined by 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: 5.402(5) 5.402(6) 5.402(7) 5.4O2(8) 5.402(9) 5.402(10) (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 hall 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. 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 regulations, unless the same calendar year in business or commercial are in compliance with all applicable ordinances and same premises have been previously inspected within the conjunction with the issuance of a license for any other 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: Within three hundred (300) feet of any school building or church, or (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 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian except when involved in an official school, religious, or other recreational activity sponsered and/or supervised by a public entity or civic organization. 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; (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 and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. From: Subject: Date: Columbia Heights Fire Department Mayor City Manager City Council Members Charles Kewatt, Fire Chief Driveway/Hard-Surface Parking March 10, 1998 The Housing Code, which was adopted in 1989, has undergone some changes in the area of parking and driveways. Ordinance #1281 was passed on February 28, 1994 which defined parking and driveway surfaces and required that they be hard-surfaced by July 1, 1997. The size of the parking pads was defined as 9 feet by 20 feet. Ordinance #1348 was passed on June 23, 1997, extending the date to July 1, 1998. This is what we are informing homeowners who are currently calling us for information. ./~alysis/Conclusion June 1997 - The Fire Department surveyed the city. We found approximately 427 homes that do not have hard-surface parking or driveways. Public Works was to contact contractors about driveways and parking pads. As of this date, this has not been done, According to the Public Works Superintendent~ most rental units have complied with the codes in this area. June 1997 Fall 1997 Spring 1998 A notice was published in the Focus of the one-year extension. A notice was printed in the Heights Happenings regarding driveways/parking. We ran a 1/3 page notice in the Heights Happenings. Sometime in 1995/1996, we did a drive-by ofthe southwest corner ofthe city. At that time, about 50-60% of homeowners had installed driveways and/or parking Pm as_a_~resu!t of the first notice which gave them up to a year to comply. The balance of homeowners did nothing. We will have one inspector attend the work sessions with additional ideas/options. CWK:ef 98-35 DRIVEWAY OPTION This option coordinates the driveway inspections with the Housing Maintenance Code inspections on single family owner occupied homes. In 1999 the HMC staffwill be dividing the city up into 4 quadrants and inspecting the exteriors of the single family homes. One quadrant will be inspected each year. Homeowners would be inspected only once every 4 years. This option would have staff inspect for hard surface driveways during these inspections. The whole city would then be inspected for driveways in 4 years. The homeowners would then have 4 years to comply. We would reinspect their driveway violation when their quadrant is due again for its inspection. I. Using existing inspection staff and time. No new inspection added to existing program that would require a different timetable or additional inspections. Cost savings by not having to have separate mailings. 2. Lets homeowners have enough time to secure financi~, make any other improvements they might want to do at the same time, or sell thek property if they want to. 3. Less fallout on city and council if citizens feel they have enough time to do project. A shorter time table might make the citizens feel we are pushing something onto them which could cause anger. 1. From be,.o~nning to end it would take 8 years for the whole city to have an inspection and reinspection. 2. Houses could be sold without the inspection order being passed on. May cause problem with new homeowners if they find out it must be done within a year do to seller putting it off for 3 3. Citizens may not remember until the last minute or may not start working on it until the very end which may add a year or two to the 8 year timetable. A reminder letter may have to be sent each year. · CIT'Y OF COLUMBIA HEIGHTS (1-') ~90 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 March 10, 1998 From: Mel Collova, Building Official To: Ail City Council Members Honorable Members of the City Council I am here today to seek your advice on the course of action on several sub- standard properties. I am using this format instead of a City Council letter because not one of these cases are ready for formal action by the City Council. The first property is 411N. E. 40th Avenue presently owned by Ms. Chris Ferris. The property has remained vacant for a period of at least six (6) months. This property was condemned by Council resolution 95-69. The resolution was repealed under the condition Ms. Ferris would meet all the requirements necessary to convert the structure to a commercial building. As of this date, Ms. Ferris has not met the requirements as stated in the CUP. She has failed to provide the City with the required plans prepared by an architect or engineer. I am before you seeking your approval to notify Ms. Ferris that she has not met the requirements and to begin the process of condemnation. The process would require notification to all parties having an interest in the property and could be before you at a formal meeting in ninety (90) days. The second property is owned by Ms. Judith Clerkin and located at 544 Summit Street. This is a non-conforming commercial building in an R-3 zoning district bordering the RB District. The property west of this property is a residential dwelling. The owner of this residential property at 542 Summit is unable to rebuild his garage due to the small size of this lot. The property to the east of 544 Summit, 546 Summit is a non-conforming single family dwelling in the RB district. 546 Summit is also a very small property. Ken Anderson and I have discussed these properties several times looking for a solution. It would seem the best interests of all the property owners would be to remove the non-conforming building at 544 Summit highlighted in pink and split the lot between 542 and 546 Summit making the remaining lots a desirable size for redevelopment. This could be a joint effort using EDA and Abatement Funds. THE CiTY OF COLUMBIA HEIGHTS DOES NOT DIS'CRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OP SERVICES EQUAL OPPORTUNITY EMPLOY/ER Page 2 We have been approached by a local contractor living at 4044 N. E. 6th Street. The company name is Merit Siding. The owner is Mr. Tim Eastman. What Mr. Eastman has proposed is to down size the existing non-conforming commercial building as shown in the blue area of the building layout. He would restore the remaining section of the building to meet the current Building Code. He will attempt to purchase 546 Summit and raze the non-conforming dwelling and combine 546 and 544 Summit into one commercial parcel. He would then be willing to sell part of the lot on the west end to the owner of 542 Summit. This addition to 542 Summit would then allow for enough area to reconstruct the garage and have enough remaining land to have a back yard. In other words the best use of all the properties would be realized using private funds instead of using public funds. If the Council has a positive reaction to this proposal, Mr. Eastman will pursue the acquisition of 544 and 546 Summit. He has agreed to submit a proposed site plan before this meeting and plans to be present at this work session should the Council need additional information about his proposal. The third property is 1260 N. E. 46th Avenue owned by Mr. James Rude. This property has remained an eyesore for over two (2) years and many of the neighbors have voiced complaints over the condition of the property. I am at this time requesting Council approval to pursue condemnation of the building that has remained in an "Under Construction" condition for at least 18 Months. Progress seems to be at a standstill. If the Council agrees, I will seek the co- operation of other City departments to remove the hazard and raze the remaining section of the dwelling including the foundation after proper notification of all parties having an interest in the property. P,F)I1M AC C · // DIMENSIONS X X X = X X ~ NOTES IADDRI i OBSE Rk FOUND~ CONC RI[ ,CONCR[ ~RICK SITE DESCRIPTION ECONOMIC FACTORS IMPROVEMENTq STREETS SERVICES TtAANSPORTATIOi";: A R E A ANALYSIS t:- × "1 · SIDEWALKS ASP H A L"[ PUBLIC TRANS TRUCK BUILT UP AREA CUR BS CONCRETE LOCAL POLar. R RAIL SID!NG ~SOLATL [) ARE~. CITY WATER i FIRE PRO"T. WATEN HOMO. SANITARY HETER. s ~,,,,L R ~. GRAVEL PARKING ST.. ~"/ I STORM SEWER ; ·DIRT OWN LOT RAW MATERIAL ~! WITH ALLEY ~/ ADEQUATE LOCALLY I PRODUCT SALES ZONING OR USE INADEQUATE SHIPPED INI LOCALLY RESIDENTIAL LTINDUSTRIAL LABOR FORCE STATE WIDE YARD MULTI FAMILY~,~ HVY IND is!SKILLEDsKiLLE[? I NAT' WIDE ~ COMMERCIAL ~,~..] ,. NO ZONING ILITY: GOOp F,~I~ POOR ATTA 1 *,)POf~ RAPH Y .' I ','EL L O~ATI ON .~RBAN INSIDE LOT CORNER LOT r~LI RAL ,~ N DESIRABILI ~IZE CITY COUNCIL LETTER Meeting of: March 16, 1998 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: CITY MANAGER'S APPROVAL ITEM: BY: BY: NO: DATE: Issue Statement: Old America Stores, Inc. located at 4751 Central Avenue has declared bankruptcy and is going out of business. They have applied for and received a permit for temporary signage advertising their going out of business sale. The Zoning Ordinance stipulates "Temporary signage shall be allowed up to a maximum of four (4), eleven (11) day periods per year." Their permit expires on March 20, 1998. They have requested an extension of this permit until April 18, 1998, as this is the last day Old America will be open for business. The zoning ordinance does not offer any flexibility in this requirement. According to Old America representatives, they need to keep the sign up to inform customers that the sale is still going on. They are concerned that customers may think that the sale is over if the banner is taken down. It has been stressed that the banner is needed to sell as much merchandise as possible to pay their debtors and to be in compliance with the terms established by the Federal Bankruptcy Court, which has established April 21, 1998 as the final date business can be conducted. Representatives from Old America, Inc. request that the Columbia Heights City Council direct staff to allow an extension of the temporary permit until April 18, 1998. Back~round: Typically, the applicant would need to request a variance to allow for an extension. However, there is not enough time for the applicant to go through the necessary variance process. The next filing deadline is March 20, 1998 for an April 7, 1998 Planning and Zoning Commission hearing. As mentioned above, their permit expires on March 20, 1998. I am not aware of any past cases similar to this, as this situation is unique due to the bankruptcy. Alternative 1: The City Council will direct staff to allow the extension of the temporary permit until April 18, 1998. One concern is that this decision would set a precedent, but the bankruptcy provides a circumstance which is unique to this situation. Therefore, the decision would not affect other temporary sign permits. Alternative 2: The City Council will direct staff to deny the extension of the temporary permit and require that the sign be removed on March 20, 1998, as specified on the permit. This action would uphold strict enforcement of the zoning ordinance. However, it is believed by the applicant, that this would make it difficult to have a successful going out of business sale. Recommended Motion: Move to direct staffto allow the extension of the temporary sign permit for Old America, Inc., located at 4751 Central Avenue, until April 18, 1998 as a result of the unique circumstances associated with the bankruptcy.. Alternative Motion: Move to direct staffto inform them that the banner be removed within the time periods specified in the Ordinance. If not removed a letter requiring removal within 30 days will be sent. If the removal does not occur within the specified time period, a citation will be issued. Attached, please find the following: (1) Information pertaining to bankruptcy proceedings; and, (2) A copy of the temporary sign permit application. COUNCIL ACTION: PERMIT CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 3514 Temporary sign Display of temp. banner on front of Old America, 475!Central from February 5 through and including March 20, 1998. Banner must be removed at end of permitted display period unless City Council action extends time period. STARTS 02/12/1998 EXPIRES IF NO WORK DONE BY 08/11/1998 TYPE OF WORK: Unknown ESTIMATED JOB COST $ 0.00 960103 OWNER MALAN CONSTRUCTION CO. 21675 COOLIDGE HIGHWAY OAK PARK MI 48237 PROPERTY 47A7 CENTRAL AVE CONTRACTOR TENANT FEES TEMP SIG $ 15.00 TEMP SIG $ 15.00 TEMP SIG $ 15.00 TEMP SIG $ 15.00 TOTAL FEES 60.00 CITY OF COLUMBIA HEIGHTS AopIicatlon For Tem0orary Signage Permit · Date: ADDRESS OF INSTALLATION: ~ /"/'75) OWNER/TENANT: ["~l Address if other than above: Telephone: TYPE 0F TEMPORARY SIGNAGE: How attached to Structure/Building: Location of T~p. Sign on Site: ~h~ DATES FOR DISPLAY OF TEMPORARY SIGNAGE: (Max. of ll days) Applicant:~m~m~ INSTALLER/COMPANY NAME: Address: Signature of Applicant: Title: City,State Zip SIGNATURE OF BUILDING INSPECTOR: APPROVED DENIED PERMIT FEE: DATE PAID: DEPOSIT: 811 N. COLLINS FREEWAY HWY. 75 NORTH, P.O. BOX 370 HOWE, TEXAS 75459 (903) 532-3000 Mr. Mel Collova Building Otl]cial # 1727 590 40"~ Avenue N.E. Columbia l t¢irghts, Mn 5542 t-878 Dear Mr. Coil{wa: Wc need your }'tell7, l~.~ complete our going out of business sale al our ()td America Store in (.'olumbia Heights. Ifs important to thc customers in CoIumbia t leights that d~cy know thc sale is still going on and they can identity, with this by the bmmcr on the I?ont the buitdins. Somc ot' thc them are waiting Ibr th6 nexl level ul'murkdowns, il'we tukc down the banner it will bo an indication that thc ~at~ is over. We have tried to abide by lbo guidelines {mdined by the Bankruptcy cmu't which our agent Mr, Ray Baker has provided for you. Mr: Cotlova, will you please give us an extension on the number of permits we can purchase to get us to our llna[ date o¢ April 18, 1998, It' you have any qucstitms, please call me at 903-532-3008. Sincerely, ,",, / ../ \ i t' hi ,/,:. ,,':) O ', Roy Morton ¥ ice President of 1 luman Resource , ,,;. Ray Baker Sent' by: OLD AMERZCA STORE ZN 9035323080; 02/20/98 1N THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWAI~ 2:32PM;J~alx #477;Page 2/8 OLD AMERICA STOKES, INC., OLD AMERICA WHOLESALE, [NC., and OLD AMERICA STORE, INC., Debtors. Chapter ! 1 Case No. 97-1687 (PJW) Jointly Administered ORDER (i) (A) APPRO'~qNG ASSET PURCHASE AGREEMENT, DATED AS OF DECEMBER 31, 1997, (B) AUTHORIZING THE SALE OF SUBSTANTIALLY ALL OF DEBTORS' ASSETS PURSUANT THERETO, OUTSIDE OF THE ORDINARY COURSE OF BUSINESS, A_ND (C) AUTHORIZING THE DEBTORS' ASSUMPTION AND ASSIGNMENT OF CERTAIN EXECUTORY CONTRACTS AND LEASES, (ii) APPROVING AN AGENCY AGREEMENT TO CONDUCT STORE CLOSING SALES AT ALL LOCATIONS, AND (iii) AUTHORIZING AND DETERMINING THAT THE SALE OF DEBTORS' ASSETS SHALL BE _FREE AND CLEAR OF ALL LIENS, CLAIMS AND ENCUMBRANCE~ Old America Stores, Inc., Otd America Wholesale, Inc., and Old America Store, Inc., debtors and debtors-in-possession herein (individually a "Debtor", and collec- tively the "Debtors"), have proposed ~o sell outside of the ordinary course of business substamiall), all of their tangible and intangibles assets (collectively, the "Assets") to Old America Stores, LP ~md KOB, LP, collectivels; as designees of Robert E. Kirkland (here- inafter, collectively, "NEWCO" or "Purchaser"). In connection with the Deblors' pro- posed sale of the Assets, the Debtors propose to enter into an Asset Purchase Agreement, dated az of'December 31, 1997 (substantially in the form attached hereto as Exhibit A) (the "Agreement"), which memorializes ~he terms and provisions of*hat cena£n Letter of Intent, da~ad December 30, 1997 (the "Letter oflmem"), which collectively with the Sent by: OLD AMERICA STORE IN 9035323080; 02/20/98 2:32PM;~ #477;Page 3/6 3 g. The tran~cdons contemplated under the Agreement and the Agency Agreement and aulhodzed herein have been entered into by p~os~ o~din~ or in ~e~ce ofe~ect~tin~ a plan o~ pla~ o~ reorg~i~don for · e Deb[om, Acco~d[n~y. pursuit to Section 114~(c) of~e B~ptcy Code, m~n~ or ~Iiv~ ofth~ A~eeme~ or ~e Agency A~ment or ~e compledo~ of~y .... t~ctions contemplated ~ereunder shall not be ~ed ~nder any law imposing a st~p ~ or simil~. 29. ~ ~e event of any inconsistency b~en ~e A~eemen[ and ~e Leper or.tent, [he te~s of ~e Agreement shall consol. evem of any inconsistency between the te~s of the Agreement, the LePer of ~tent, Agency A~eement, the Sale Mot~on, the Sale Procedure~ Order, and ~his Order, the temps of this Order shaI1 control ~d such mher a~eemems ~hall be deemed t~ have been madified accordingly. Dated: Wilmington, Delaware .lanuary']__~_, 1998 · IT IS SO ORDER.ED: Peter J. Walsh United Suates Bankruptcy Judge Seqt by: OLD AMERICA STORE 90~5~2~080; 02/20/98 2:82PM;Je,t,~-~x#477;Page 4/6 EXHIBIT D Sent'by: OLD AMERICA STORE IN 9035323080j 02/20/98 2:32PM;~#477;Page 5/6 EXHIBIT Thc Following Procedures Shall Apply To An>, Going Out O~'Business Sales To Be Held At the Debtors' Stores Thc Sales shall b~ conducted so that the Stores remain open during the normal hours ofopcratlon provided/'or in the respective leases for the Stores. "' Thc Sales ,~ll ~e conducted in accordanc~ with applicable state and local "Blue Laws," and thus, where applicable, no Sales shall bc conducted on a Sunday. Memhant and/or Liquidator shall not distribute handbills, leaflets or other written materials to customers outside of any Store's premises, hut may solicit customers in the Stores themselves. Merchant and/or Liquidator shall not use flashing lights or any type o£amplified sound to advertise the sales or soIicit customers. At the conclusion ortho Sales, Merchant shall vacate the Stores in broom-clean condition, except for the removal of furniture, trade.fi×tums, equipment and remaining supplies, and shall l~ave the Stores in the same condition as on the commencement of the Sales, ordinm7 wear and tear excepted. No permanent fixtures may be removed ~4thout the landlords' written consent, Any inventor)~ furniture, t.mde fixtures or equipment remaining in the Stores seven days a. ft~r completion o£th¢ Sales shall be deemed abandoned to the landlords, All display and hanging signs used by Me?chant andYor Liquidator in connection with the Sales shall be professionally lettered, and all hanging signs shall be hung in a professional manner. Nothing contained herein shall he construed to create or impose upon Merchant or Liquidator any additional restrictions not contained in thc applicable lease agreement. For a Store o£up lo approximately 2000 square feet, there shall not be more than 20 double-sided signs that are 22" x 28", 30 toppers that are ?" x 11", I0 "ail sales final" signs I4" x 22", I0 Store Closing/Total Liquidation signs that are 22" x 28" and 6 Store Closing/Total Liquidation signs that are 44" x 28". To the extent that a Store is larger than 2000 square feet, them shall be a ratable upward adjustment. In addition, Liquidator shall be pertained to utilize banning. With respect to the advertising of hbo Sales in thc Stores, Merchant and/or Liquidalor may only use the terms "Store Closing Sale", "Total Liquidation Sale" or "Going Out Of'Business Sale." In the electronic or print media, Merchant and/or Consultant may not use thc term "Bankruptcy" but may use the terms "Total Liquidation Sale," "Store Closing Sale," "Colin2 Out of Business Sale" or "Total Inventory Clearance Sale." Sen~ by: OLD AMERICA STORE IN 9035323080; 02/20/98 2:33PM;J~ #477;Page 6/6 If sales are to be considered "final;' conspicuous signs shall be posted in each of the affected stores to the effect that all sales are "final." 10. Neither Merchant nor Liquidator shall make any alterations to the storefront or exterior walls of any of the Stores (including the removal of store signs). 11. Neither Merchant nor Liquidator shall make any alterations to interior or exterior Store lighting. I2. Merchant and/or Liqu/dator shall keep Store prem/ses and surrounding area clear "' and orderly cons/stent with present practices. 13. The landlords oft. he Stores shall have reasonable access to the Store premises upon conclusion of the Sales solely for the purpose ofdressing Store windows to minimize the appearance cfa dark store. t4. If the Sales are conducted by Liquidator, the Sales shall be completed no later than May 2, 1998. If the Sales are conducted by NEWCO, the Sales shall be completed no later than April 21, 1998. Within seven days of completion of such Sales, the landlords of the Stores shall be g/yen reasonable access to the Stores for the purpose of conducting a walk-though examination of the premises. At any Sales conducted by NEWCO at Wal-Mart Stores (designated as the Debtors' store nos. 90, 108 and 109), storefroat signs shall be in non-neon colors. In addition, if such NEWCO Sales are completed prior to April 21,199~, a set of keys is to be provided to the landlord within seven days of completion of the SaIes, provided, however,~hat the Debtors and NEWCO shall aisc have access to such Stores to rrau'ket such Stores for sale~ through and including April 21, 1998_ At any Store Closing Sales conducted by NEWCO at Wal-lvLan Stores (desig- nated as the Debtors' store nos. 90, 108 and 109) and at Iriore no. 12 leased by Loup Management, N£WCO shall surrender such stores with all excess inven- tory, equipment and trade fixtures removed. V,?2: lq.~[X)C$i'~UBL2'Q.4 fl'qv[iSC~ 161962. l 2 S1117.100! CITY COUNCIL LETTER Meeting of: March 16, 1998 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: CITY MANAGER'S APPROVAL ITEM: BY: BY: NO: DATE: Issue Statement: Old America Stores, Inc. located at 4751 Central Avenue has declared bankruptcy and is going out of business. They have applied for and received a permit for temporary signage advertising their going out of business sale. The Zoning Ordinance stipulates "Temporary signage shall be allowed up to a maximum of four (4), eleven (11) day periods per year." Their permit expires on March 20, 1998. They have requested an extension of this permit until April 18, 1998, as this is the last da3' Old America will be open for business. The zoning ordinance does not offer any flexibility in this requirement. According to Old America representatives, they need to keep the sign up to inform customers that the sale is still going on. They are concerned that customers may think that the sale is over if the banner is taken down. It has been stressed that the banner is needed to sell as much merchandise as possible to pay their debtors and to be in compliance with the terms established by the Federal Bankruptcy Court, which has established April 21, 1998 as the final date business can be conducted. Representatives from Old America, Inc. request that the Columbia Heights City Council direct staff to allow an extension of the temporary permit until April 18, 1998. Bacl~round: Typically, the applicant would need to request a variance to allow for an extension. However, there is not enough time for the applicant to go through the necessary variance process. The next filing deadline is March 20, 1998 for an April 7, 1998 Planning and Zoning Commission heating. As mentioned above, their permit expires on March 20, 1998. I am not aware of any past cases similar to this, as this situation is unique due to the bankruptcy. Alternative 1: The City Council will direct staffto allow the extension of the temporary permit until April 18, 1998. One concem is that this decision would set a precedent, but the bankruptcy provides a circumstance which is unique to this situation. Therefore, the decision would not affect other temporary sign permits. Alternative 2: The City Council will direct staffto deny the extension of the temporary permit and require that the sign be removed on March 20, 1998, as specified on the permit. This action would uphold strict enforcement of the zoning ordinance. However, it is believed by the applicant, that this would make it difficult to have a successful going out of business sale. Recommended Motion: Move to direct staffto allow the extension of the temporary sign permit for Old America, Inc., located at 4751 Central Avenue, until April 18, 1998 as a result of the unique circumstances associated with the bankruptcy.. Alternative Motion: Move to direct staff to inform them that the banner be removed within the time periods specified in the Ordinance. If not removed a letter requiting removal within 30 days will be sent. If the removal does not occur within the specified time period, a citation will be issued. Attached, please find the following: (1) Infom~ation pertaining to bankruptcy proceedings; and, (2) A copy of the temporary sign permit application. COUNCIL ACTION: PERMIT CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 IS12) 782-2817 3514 Temporary sign Display of temp. banner on front of Old America, 475!Central from February 5 through and including March 20, 1998. Banner must be removed at end of permitted display period unless City Council action extends time period. STARTS 02/12/1998 EXPIRES IF NO WORK DONE BY 08/11/1998 TYPE OF WORK: Unknown ESTIMATED JOB COST $ 0.00 OWNER MALAN CONSTRUCTION CO. 21675 COOLIDGE HIGHWAY OAK PARK MI 48237 . ~,,-~..,¢.-.~,' CONTRACTOR PROPERTY 4747 CENTP~AL AVE TENANT FEES TEMP SIG $ 15.00 TEMP SIG $ 15.00 TEMP SIG $ 15.00 TEMP SIG $ 15.00 TOTAL FEES $ 60.00 CITY OF COLUMBIA HEIGHTS App1 ica,tlon for Temmorar¥ Signage Permit ADDRESS OF INSTALLATION: OWNER/TENANT: Address if other than above: Telephone: TYPE OF TEHPORARY SIGNAGE: How attached to Structure/Building: Location o6 T~p. DATES FOR DISPLAY OF TEMPORARY SIGNAGE: (Nax. of l l days) WE I GHT: Applicant: INSTALLER/COMPANY NAME: Address: Signature of Applicant: Title:.~ City,State Tip SIGNATURE OF BUILDING INSPECTOR: APPROVED DENIED PERMIT FEE: DEPOSIT: DATE PAID: t 8.11 N. COLLtNS FREEWAY HWY. 75 NORTH, P.O. BOX 370 HOWE, TEXAS 75459 (903) 532-3000 ;.,{arct~ I },1 Mr. Mul ('ollovu Building Official # 1727 590 40"' Avenue N.I,;. Oolumbia t lcights. Mn '" '~ Dear Mr. Coilova: We nccd your help t~.~ cozt~plctc our going ou! of business sale at ,~ur ()Id America know thc ~ale is still going on and they can idcm{l~' with this by tt~c btmncr o~ ti~e I?oa~ of the helming. Smnc of thc them are waitit~g Ibr thc nexl level o['mm'kdowns, il'we tukc down tl~e banner it will be an indication timt thc ~ate is over. We have tried to abide by thc guidelines outlined by the Bankruptcy cmH't which our agenl Mr. Ray Baker has provided lbr you. Mr: Co[lova, will you please give us an extension on the number of permits we can purchase to get us to our tina[ date of April [8, 1998. If' you have any qucstitms. please cull. me at 903-532-3008. Sincerely, ,'~, /...,. \ ir t,/ Roy Morton ¥ ic~ President o f 1 luman Resource , ,;. Ray Baker Sent OLD AMERICA STORE IN 9035323080; 02/20/98 IN THE UNITED STATES BANKRUPTCY COUP~T FOP, THE DISTRICT OF DEL&WAR.E 2: 32PM;,Jei"rax #477;Page 2/8 OLD AMERICA STORES, INC,, OLD AMERICA WHOLESALE, INC., and OLD AMERICA STORE, INC., Debtors. ) ) Chapter 11 Case No. 97-1687 (PJ~V) Jointly Administered ORDER (i) (A) APPROVING ASSET PURCHASE AGREEMENT, DATED AS OF DECEI~iBER 31, 1997, 0t) AUTHORIZING THE SALE OF SUBSTA.N~rlALLY .ALL OF DEBTORS' ASSETS PURSUANT THERETO, OUTSIDE OF THE ORDINARY COURSE OF BUSINESS, AND (C) AUTHORIZING THE DEBTORS' ASSUI~iPTION AND ASSIGNMENT OF CERTAIN EXECUTORY CONTRACTS AND LEASES, (ii) APPROVING AN AGENCY AGREEMENT TO CONDUCT STORE CLOSING SALES; AT ALL LOCATIONS, AND (iii) AUTHORIZING AND DETER.MINING THAT THE SALE OF DEBTORS' ASSr. TS SHALL BE FREE AND CLEAR OF ALL.LIENS, CLAIMS AND ENCI.~'MBR_&NCI.~S Old America Stores, Inc., Old America Wholesale, Inc., and Old America Store, !nc., debtors and debtors-in-possession herein (individually a "Debtor", and collec- tivety the "Debtors"), have proposed to sell outside of the ordinary course of business ,ubstantiatl), ali &their tangible and intangibles assets (collectivel); the "Assets") to Old America Stores, LP and KOB, LP, collectiveb; as designees of Robert E. Kirkland (here- inafter, collectively, "NEWCO" or "Purchaser"). In connection with the Deblors' pro- posed sale of lbo Assets, the Debtors propose to enter into an Asset Purchase Agreement, dated as o£Deeember 31, 1997 (substantially in the form attached hereto as Exhibit A) (the "Agreement"), which memorializes the terms and provisions oft.hat certain Letter of Intent, dated December 30, 1997 (the "Letter o£inten¢'), which collectively with the Sen'It by: OLD AMERICA STORE IN 9035323080; 02/20/98 2:32PM;~ #477;Page 3/6 3g. The transactions contemplated under the Agreement and the Agency Agreement and authorized herein have been entered into by the Debtors for the purpose of ftmding or in f~rtherance ofeffectuafing a plan or plans o£reor~mizadon for the Deb[ors. Accordingly, pursuant To Section 1 146(c) of the Bankruptcy Code, the making or delivery o£lhe Agreement or the Agency Agreement or the completion transactions contemplated thereunder shall not be taxed under any law imposing a stm33p ~,x or simila.r tax. 39. In the event ofany inconsistency between the terms of the A~eement ~-nd the Lener oflment, ~he terms of the Agreement shalI control. In the evem of~-ny inconsistency between the terms of the Agreement, the Letter of Intent, the Agency A~eement, the Sale Motion, the Sale Procedures Order, ~nd this Order, ~he ~em~s ofth~ Order sh~tl eontroI and such mher agreemems ~hall be deemed ~o h~ve been m~i~ed accordingly. Dated: Wilmington, Dela~,~re January']._?_, 1998 · IT IS SO ORDEP~D: Peter J. Walsh United Suates Bankruptcy Judge l't'P3-M:",~'OCS3~P~.4~'J~:,.E.A.O,51 ~25,,~ .~ 1 .~3'J 17.1001 Sent by: OLD AMERZCA STORE ~N 9035323080; 02/20/98 2:32PM;Je. trax#477;Page 4/6 EXHIBIT D Sen{ OLD AMERICA STORE IN 9035323080; 02/20/98 2:33pM;jet~#477;Page 6/6 10. 11. I2. 13. 14. II'sales are to be considered "final;' conspicuous signs shall be posted in each the aff~t~i ~toms to th~ cffcct ttmt all sales ~ '%ual." Neither M~chant nor Liquidator shall malo: any alterations to the storefront or exterior walls of'any of thc Stores (including thc rcmovaI of store signs). Neither Merchant nor Liquidator shall ma.kc s_ny alterations tn interior or exterior Store lighting. Merchant ancot Liquidator shall keep Store premises and surrounding area clear and orderly consistent with present practices. The landlords of'thc Srnres shall have rea.sor~ble access to thc Store premises upon conclusion of the Sales solely for the purpose of dressing Store windows to minimize the appearance ora dark store. If the Sales are conducted by Liquidator, the Sales shall be completed no later than May 2, 1998. If the Sales arc conducted by NBWCO, thc SaJes shall be completed no later th~n April 21, 1998. Within seven days o~ completion of such Sales, the landlords of the Stores shall be given reasonable access to the Stores for the purpose of conducting a walk-through examination of the premises. At any Sales conducted by NEWCO at Wal-Mart $iores (designated as the Debtors' store nos. 90, 108 and 109), storefrom signs shall be in non-neon colors. In addition, i£su~h NEWCO Sales are completed prlor to April 21,199g, a set of keys is to be provided to the landlord within sevea days of'completion of the Sales, provided, however, lhat the Debtors and NEWCO shall also have access to such Stores lo mazket such Stores for sale~ through and including April 21,199g. At any Store Closing Sales conducted by NEWCO at Wal-Mart Stores (desig- nated as thc Debtors' store nos. 90, ~08 and 109) and at store no. 12 leased by Loup Mmaagement~ NEWCO shall surrender such stores with all excess inven- tor', equipment and trade fixtures removed. WP2: N.'~M3~C $ 2',P UBL~'~24 ~qviL,~.~.~.~.~.~.~ 161 ?(~.o I 2 53117,1 (101 ~ -~. CO 0 0.1 03 '"q 0 ~'= ~'~ o o o o00oo~o o = 0 o~O