HomeMy WebLinkAboutMarch 16, 1998 GIS Presentationo
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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
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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
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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