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November 20, 1998 Regular
Mayor CITY OF COLUMBIA HEIGHTS (1") Jose hs,,, eva , Councilmembers Donald G. Jolly 590 40th AVeNue N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806Marlaine Szurek Gary L. Peterson Robert W. Ruettirnann ADMINIS TRA TION City Manager Walter R. Fehst NOVEMBER 20, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, November 23, 1998 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL FILES 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed fi:om consent agenda approval will be taken up as next order of business.) MOTION: Move to approve Consent Agenda items as follows: a) Minutes for Approval MOTION: Move to approve the minutes as presented of the following meetings: 1) November 9, 1998 Regular Council Meeting 2) November 16, 1998 Levy Hearing 3) November 16, 1998 Special Council Meeting b) Close Hearing - Rental License Revocation MOTION: Move to close the public hearings regarding the revocation or suspension of the rental licenses held by the following property owners for their properties located at the following addresses in that the property is in compliance with the Housing Maintenance Code: Page 1 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER COUNCIL AGENDA LETTER NOVEMBER 23, 1998 PAGE 2 1) Kwei Fang for rental property at 4055-4057 University Avenue 2) Gerald Janson for property at 1248-1250 Circle Terrace 3) Gerald Janson for property at 1242-1244 Circle Terrace 4) Greg Heinen for property at 1020 44th Avenue 5) Edwin Hansen for property at 4534 Madison Street 6) Jerald Janson for property at 1266-1268 Circle Terrace 7) Shannon Brown for property at 4634-4636 Polk Street 8) Sally Anderson for property at 3843 ½ and 3843 Hayes Sstreet c) Approval of School Liaison Officer Contract with Independent School District #13 MOTION: Move to authorize the Mayor and City Manager to approve the joint powers agreement with Independent School District # 13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 8, 1998 through June 10, 1999. d) Telephone System Consultants N.B. This item has been moved from the Consent Agenda to 7-B, Bid Considerations e) Payment of the Bills MOTION: Move to pay the bills as listed out of proper funds. f) License Applications MOTION: Move to approve the license applications as listed. g) First Reading of Ordinance No. 1379 Being an Ordinance Amending CiW Charter MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1379 being an ordinance amending Chapter 3, Section t6 o£the City Charter regarding Council meetings, for December 14, 1998 at approximately 7:00 p.m. h) First Reading of Ordinance No. 1380 Being a Vacation of a Drainage and Utili _ty Easement MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1380 being an ordinance vacating a drainage and utility easement for December 14, 1998, at approximately 7:00 p.m. i) December Council/Budget Work Session Dates MOTION: Move to schedule a Council work session for December 7, 1998 immediately following the 7:00 p.m. Truth in Taxation Hearing. Page 2 COUNCIL AGENDA LETTER 'N DA,~2Vi~IK .23, 199B PAGE 3 j) Establish Hearing Date - License Revocation, Rental Property_ MOTION: Move to establish a hearing date o£December 14, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Renae Novak at 4023 Sixth Street Northeast. o PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS a) Proclamation Home Care Month Proclamation b) Introductions of Newly Hired Employees Sue Bain, Meter Reader and Adam Marshall, Police Officer c) Recognition of Board and Commission Members for Years of Service 1) Bill Marshall, Science, Technology and Energy Commission 2) Stephen Riner, Science, Technology and Energy Commission 3) Gayle Norberg, Science, Technology and Energy Commission 4) Nan Tilkens, Charter Commission 5) Dick Dustin, Economic Development Authority 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-104 Being a Resolution to Levy Assessments Completed Under Private Construction Agreement with Petition/Waiver MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-104; levy of private construction agreement by petition and waiver as listed in PIR 978, Project 9800. 2) Resolution No. 98-105; To Close Hearing and to Adopt Resolution for Revocation MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-105 being a resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Michelin Kelly regarding rental property at 4724-4726 Sixth Street Northeast. Page 3 COUNCIL AGENDA LETTER PAGE 4 3) Second Reading of Ordinance No. 1378 Adopting Minnesota State Building Code MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt the Minnesota State Building Code including Table l-A, establish all minimum construction permit fees at $35.00, and establish January 1, 1999 as the effective date of Ordinance No. 1378. B. Bid Considerations 1) Telephone System Consultants MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Elert and Associates for consulting work to include determining specifications for a new telephone system for the City and writing a Request for Proposal to vendors for such a system per their proposal at a cost of $11,500. C. Other Business 1) Conditional Use Permit - Case #9811-47, 1400 49th Avenue Northeast MOTION: Move to approve the Conditional Use Permit for the Family Center addition to the High School at 1400 49th Avenue Northeast, subject to the following conditions: 1) 2) 3) 4) 5) All required state and local codes, permits and inspections will be met and in full compliance. All loading and unloading areas along with circulation routes will be clearly marked. The existing parking lots shall be brought into compliance with the Zoning Ordinance, and parking stalls and circulation routes shall be clearly marked in accordance with a plan reviewed and approved by staff. All fire lanes on the site shall be brought into compliance and a revised site plan shall be submitted for final review and approved by staff. Drainage and grading plans will need to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney Page 4 REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 5 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Library Board of Trustees November 9, 1998 Meeting 2) Planning and Zoning Commission November 10, 1998 Meeting 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Waiter Fehst, City Manager wF/js Page 5 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 9, 1998 1. CALL TO ORDER/ROLL CALT, The meeting was called to order by Mayor Sturdevant at 7:03 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimarm and Peterson. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE MEETING AGENDA £The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) Councilmember Jolly requested two items be removed from the Consent Agenda for consideration. The items were (j) replacement of fuel dispensing and monitoring system located at the Municipal Service Center and (k) Resolution No. 98-98 being a joint powers agreement with the Department of Natural Resources for the Silver Lake Aeration System. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) Motion by Ruettimann, second by Sturdevant to approve the Consent Agenda items as follows: a) Minutes for Approval 1) The Council approved the minutes of the October 26, 1998 Regular Council Meeting. 2) The Council approved the minutes of the November 4, 1998 Election Canvass. b) Establish Hearing Dates - License Revocations - Rental Properties The Council established a hearing date of November 23, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the following property owners/properties: Edwin Hansen at 4534 Madison Street Northeast, Kwei Fang at 4055-57 University Avenue Northeast, Jerald Johnson at 1266- 68 Circle Terrace, Gerald Janson at 1242-44 Circle Terrace and 1248-50 Circle Terrace, Greg Heinen at 1020 44th Avenue, Michelin Kelly at 4724-26 Sixth Street and Shannon Brown at 4634-36 Polk Street. REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 2 c) Close Hearings - Rental Property_ Revocations The Council approved the closing of the public hearings regarding the revocation or suspension of the rental license held by the following properties/property owners in that the property is in compliance with the Housing Maintenance Code: Vincent Hanson for rental property at 4619-21 Taylor Street, Susan Thoren for rental property at 4660-4662 Taylor Street, William Frauly for rental property at 4544-46 Fillmore Street and Vicki Hamilton for rental property at 1024-1026 45th Avenue. d) Purchase of Four 27" Monitors for Council Chambers The Council authorized staffto puchase four 27" JVC monitors, hardware and installation labor, from Alpha Video for $4,149 with monies to come from the Cable budget and Cable fund balance. e) Authorization for Fleet Maintenance Training The Council approved the expenditure of $2,700 plus expenses to DP Solutions of Greensboro, North Carolina, for three day's on-site training for the City's Fleet Maintenance software. f) Resolution No. 98-102 Beint a Resolution Regarding the Renewal of COP's More '96 Grant The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-102 BEING A RESOLUTION ACCEPTING THE RENEWAL OF COP'S MORE '96 FEDERAL GRANT AND APPROPRIATING MATCH FUNDS TO THE GRANT FOR THE YEARS 1999 AND 2000 WHEREAS, in October 1996, the Columbia Heights Police Department made application for a grant from the U.S. Department of Justice for a CSO/evidence technician, and WHEREAS ,' the grant was renewed in 1998 through May 31, 1999, and WHEREAS, the grant is renewable for one additional year beyond 1999, and WHEREAS, the breakdown of the grant is as follows: REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 3 Expense Personnel $34,860 Revenue Grant City match Total Revenue $26,145/year $ 8,715/year $38,470/year NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights authorizes the acceptance of the COP's More '96 fund to account for all revenue and expenses under this grant, and furthermore, appropriates and authorizes the transfer of $17,430 fi:om the Police Department 1998 budget to the COP's More fund for the City Match on this grant for the years 1999 and 2000. Passed this 9th day of November, 1998. Offered by: Ruettimann Seconded by: Smrdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary g) Resolution No. 98-101 Being a Request for Extension of Time to Amend Comprehensive Plan The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-101 BEING A RESOLUTION OF THE COLUM2BIA HEIGHTS CITY COUNCIL REQUESTING A SIX (6) MONTH EXTENSION OF THE DECEMBER 31, 1998 DUE DATE FOR REVIEW OF THE CITY OF COLUMBIA HEIGHTS COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED IvlETROPOLITAN COUNCIL POLICY PLANS REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 4 WHEREAS, State Statutes (Minn. Stat. 473-175-473-871 (1996)requires that cities review and revise their comprehensive plans for consistency with Metropolitan Council policy plans; and WHEREAS, the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative to the City; and WHEREAS, the City of Columbia Heights is required to review its comprehensive plan for consistency with the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council by December 31, 1998; and WHEREAS, the City of Columbia Heights has scheduled and budgeted to complete a major review and update of its comprehensive plan by December 31, 1998; NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council requests that the Metropolitan Council grant the City of Columbia Heights a six month extension to the deadline to complete its comprehensive plan fi-om December 31, 1998 to June 30, 1999; circulate the revised document to the adjacent governmental units and affected school districts for review and comment; and, following approval by the Planning and Zoning Commission and after consideration by the City Council, submit the plan to the Metropolitan Council for review. Passed this 9th day of November, 1998. Offered by: Ruettimann Seconded by: Sturdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary h) Underwriting Agreement with Miller & Schroeder Financial, Inc. The Council authorized the Mayor and City Manager to send notice to Miller & Schroeder Financial, Inc. that the City is cancelling the undewriting agreement entered into October 28, 1991. i) First Reading of Ordinance No. 1378 Being an Ordinance Adopting the Minnesota State Building Code The reading of the ordinance was waived there being ample copies available for the public. REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 5 ORDINANCE NO. 1378 ADOPTING THE MINNESOTA STATE BUILDING CODE BEING AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE PROVDES FOR THE APPLICATION, ADMINISTRATION, A_ND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL OF ORDINANCE 1344 AND ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. The City of Columbia Heights does ordain: Section 1. Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by Chapter 1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statute 16B.62 subdivision 1 when so established by this ordinance. The code enforcement agency of the City of Columbia Heights is called the Protective Inspections Department. A Minnesota certified Building Official must be appointed by this jurisdiction to administer the code (Minnesota Statute 16B.65). Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statute 16B.62 subdivision 1 and as provided for in Chapter 1 of the 1997 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work govemed by this code in accordance with the 1997 Uniform Building Code Table No.I-A of this ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Section 3. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 16B.69). REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 6 Section 4. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 is hereby adopted as the building code for this jurisdiction. The code is hereby incorporated in this ordinance as if fully set out herein. Ao The Minnesota State Building Code includes the following Chapter of Minnesota Rules: 1. 1300 Minnesota Building Code 2. 1301 Building Official Certification 3. 1302 State Building Construction Approvals 4. 1305 Adoption of the 1997 Uniform Building Code including appendix Chapters. £ 5. 1307 6. 1315 7. 1325 8. 1330 9. 1335 10. 1340 11. 1346 12. 1350 13. 1360 14. 1361 15. 1370 16. 4715 17. 7670 3, Division I, Detention and Correctional Facilities 12, Division II, Sound Transmission Control 15, Reroofing 16, Division I, Snowload Design 29, Minimum Plumbing Fixtures 31, Division II, Membrane Structures Elevators and Related Devices Adoption of the 1996 National Electrical Code Solar Energy Systems Fallout Shelters Floodproofing Regulations Facilities for the Handicapped Adoption of the 1991 Uniform Mechanical Code Manufactured Homes Prefabricated Buildings Industrialized/Modular Buildings Storm Shelters (Manufactured Home Parks) Minnesota Plumbing Code Minnesota Energy Code Bo The City of Columbia Heights may adopt by reference all of the following optional appendix chapters of the 1997 Uniform Building Code as authorized by Minnesota rule part 1305.0020 subpart 2: 3, Division 1211, 1992 One and Two Family Dwelling Code; 33, Excavation and Grading. The following optional appendix chapters of the 1997 Uniform Building Code are hereby adopted and incorporated as part of the building code for the City of Columbia Heights. REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 7 1. 1992 One and Two Family Dwelling Code 2. Excavation and Grading Section 5: This Ordinance shall be in full force and effect from and after thirty (30) days aRer its passage. First Reading: November 9, 1998 The second reading of Ordinance No. 1378 including Table 1-A was scheduled for November 23, 1998 at approximately 7:00 p.m. Items (j) and (k) were removed from the Consent Agenda. 1) Authorization to Solicit Bids for the Creation of a GIS Physical Feature Data Base The Council authorized staffto seek bids for the creation of a GIS physical feature data base. m) Addendum to Professional Services Contract for RLK-Kuusisto for Sullivan Lake Park Sanitary Sewer Improvements The Council approved Addendum No. 2 in the amount of $3,176.00 to RLK-Kuusisto for professional services for the Sullivan Lake Park Sanitary Sewer Improvement, City Project 1997-22. n) Approval of December Council Meetings The Council reaffirmed the December Council Meetings for December 14, 1998 and December 28, 1998. o) Future Budget Meetings/Work Sessions The Council scheduled a budget work session for November 16, 1998 following the Levy Hearing. p) Payment of Bills The Council approved the payment of the bills as listed out of proper funds. q) Close Hearing - Rental License at 4017 Sixth Street Owned by Francis Job The Council closed the public hearing regarding the revocation or suspension of the rental license held by Francis Job regarding rental property at 4017 Sixth Street in that the property is not being used as rental property. REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 8 r) Approval of License Applications The Council approved the license applications as listed. s) Award of Contract for Roof Improvement at Ostrander, Silver Lake Beach and Keyes Park Buildings The Council awarded the contract for park building roofs, Option B, at Ostrander, Silver Lake Beach and Keyes Park to All American Roofing-Remodeling of Blaine, Minnesota, for $12,512.00 with funds to come fi.om 412-45200-5120 and authorized the Mayor and City Manager to enter into an agreement for the same. t) Award of Contract for Window Replacement at MCS The Council awarded window replacement, Option A, at the Municipal Service Center, to Tom Stegora of Elk River, Minnesota, for $11,500.00 with funds to come fi.om 701- 49950-5120 and authorized the Mayor and City Manager to enter into an agreement for the same. Roll call on Consent Agenda: Alt ayes The following items were requested to be removed fi.om the Consent Agenda by Councilmember Jolly: Replacement of Fuel Dispensing and Monitoring System Located at the Municipal Service Center The Public Works Director spoke to the issue of why the lowest bidder did not receive the award of bid; that being, it was not a qualified bid. Motion by Jolly, second by Szurek to accept the second lowest bid fi.om Kleepsie Equipment for the purchase of the Fuel Master FMU3000 fuel dispensing and monitoring system for a total amount of $22,383; with $14,775 for the Fuel Dispensing System to be appropriated from Capital Equipment - Garage Fund 434-49950-5130 and $7,608 from Tank Monitoring System fi.om the Refuse Fund 603-49540-5130. Roll call: All ayes Resolution No. 98-98 Being a Joint Powers Agreement with the Department of Natural Resources for the Silver Lake Aeration System There were some concerns regarding safety at the site of the aerator. The Public Works Director advised that this concern has been recognized and proper precautions will be taken. REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 9 Motion by Jolly, second by Szurek to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-98 AUTHORIZING AN AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES TO INSTALL AN AERATION SYSTEM AT SILVER LAKE BEACH WHEREAS, the Department of Natural Resources is installing an aeration system at Silver Lake Beach, and WHEREAS, the Minnesota Department of Natural Resources Agreement stipulates the requirements of said installation, NOW, THEREFORE, BE IT RESOLVED THAT, the City of Columbia Heights enter into an agreement with the State of Minnesota, Department of Natural Resources for the following purposes, to wit: To install an Aeration System at Silver Lake Beach BE IT FURTHER RESOLVED, that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Dated this 9th day of November, 1998. Offered by: Jolly Seconded by: Szurek Roll call: All ayes Jo-Anne Student, Council Secretary State of Minnesota County of Anoka City of Columbia Heights Mayor Joseph Sturdevant CERTIFICATION REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 10 I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 9t~ day of November, 1998, as disclosed by the records of said City in my possession. Jo-Anne Student, Deputy City Clerk 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A) Proclamation Mayor Sturdevant presented the proclamation designating November as Epilepsy Month to Doug Hill, a representative of the Epilepsy Foundation. 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-97 Being a Resolution Approving Revocation for Rental License. held by Sally Anderson for Property Located at 3843 Hayes Street Northeast The Assistant Fire Chief reviewed the violations relative to this property. He also noted that there has been no response from the owner nor any acknowledgement that any correspondence regarding this revocation was received. The tenant in the property was in attendance at the Council Meeting. She was seeking direction about the timetable for revocation and her tenancy. Motion by Ruettimann, second by Peterson to continue consideration of this resolution until the November 23, 1998 Regular Council Meeting. Roll call: All ayes B. Bid Considerations None REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 11 C. Other Business 1) Approving EDA Purchasing Policy and Authori _ty Councitmember Ruettimann requested clarification regarding the #235 Account, rental properties/vacant housing. The City Attorney responded that the transfer of title for these properties can be done by Quit Claim Deed. Councilmember Ruettimann requested that language to accommodate these transfers be included in the motion. Motion by Ruettimann, second by Sturdevant to authorize the EDA full authority to approve expenditures, transfers, budget amendments and other financial transactions related to the funds within its operational jurisdiction as follows and subject to other procedures and guidelines which may be established by the City Council and/or EDA: FUND DESCRIPTON AUTHORIZING AGENCY 101 General Government Buildings City Council 201 Building Inspections/Com. Dev. Admin. City Council 202 Community Dev. Block Grant/HOME City Council 203 Parkview Villa North EDA 204 EDAJI-Iome Improvement (MlffFA) EDA 205 Col Hghts Section 8 Certificates/Vouchers EDA 213 Parkview Villa South EDA 235 Rental Properties/Vacant Housing EDA 299 HRA EDA And that staffbe authorized to initiate the paperwork for the City to transfer ownership of properties from the City to the EDA. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City Manager There was no report. B. Report of the City Attorney There was no report. REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 12 9. GENrERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Minutes of the October 28, 1998 Park and Recreation Commission Meeting and minutes of the October 15,1998 Charter Commission Meeting were included in the agenda packet. No Council action was needed. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA The resident at 4517 Fillmore Street expressed his concern with the behavior of residents of a group home on 45 ½ Avenue. He submitted a petition signed by owners of sixteen households in his area which expressed similar concerns. He requested the license to operate the group home be suspended. The City Attorney advised that the license is approved by the State and this type of home is governed by state statute. He felt it was a matter of enforcement. Discussion continued regarding the history of this home since it opened. It was noted that a person who was involved with-the operation previously has left for health reasons. There did not appear to be as many problems when this person was on site. The City Manager advised he will follow up this matter. A "first warning" has been issued by the Police Department with problems associated with the residents of this house. Also, the City Manager noted that the Fire Department has been scheduling inspections of the premises. Councilmember Ruettimann felt the State should be made aware of the situation at this property. Motion by Ruettimann, second by Jolly to accept the petition submitted regarding 1224 45 ½ Avenue Northeast and to direct the City Manager to pursue this matter and report back to the City Council as well as keep the resident from 4517 Fillmore Street Northeast apprised of any activity. Roll call: All ayes RECESS TO EXECUTIVE SESSION Motion by Ruettimann, second by Peterson to recess to an Executive Session at 7:50 p.m. for discussion of labor and contract negotiations and to appoint Linda Magee, Assistant to the City Manager, as recording secretary. Roll call: All ayes REGULAR COUNCIL MEETING NOVEMBER 9, 1998 PAGE 13 RECONVENE REGULAR COUNCIL MEETING Motion by Sturdevant, second by Jolly to reconvene the Regular Council Meeting from the Executive Session which was held for a discussion of labor and contract negotiations and where Linda Magee, Assistant to the City Manager, was the recording secretary. Roll call: All ayes 11. ADJOURNMENT Motion by Szurek, second by Peterson to adjourn the meeting at 8:31 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBLA HEIGHTS CITY COUNCIL SPECIAL ASSESSMENT LEVY HEARING NOVEMBER 16, 1998 1. ROLL CALL The Levy Hearing was called to order by Council President Peterson at 7:00 p.m. Present were Council President Peterson and Councilmembers Szurek, Jolly and Ruettimann. Mayor Sturdevant was absent. 2. PURPOSE OF THE LEVY HEARING a) Presentation by Staff Public Works Director Hansen gave background information regarding the improvements made in Zone 3. These improvements included street reconstruction, partial street reconstruction, mill and overlay and seal coat as part of the Street Rehabilitation Program. He noted that the assessment rate remained the same as that presented at the improvement heatings in January. The final costs increased due to approved and pending change orders in the utility areas which were mainly storm sewer and additional driveway work for grading match. The Public Works Director is recommending a change of the interest rate from the current 9 1/2% to 8 %. This recommendation was made with the concurrence of the City Manager, Finance Director and Bonding Consultant. A memo from the Finance Director was included in the agenda packet which supported this recommendation as well. No administrative nor engineering costs are being assessed to benefitted properties. b) Questions/Comments From CiW Council and Public Mr. Nawrocki, 1255 Polk Place, stated his street and Mulcare Drive, were the only two streets in the Mathaire project area which received a recycled base and a new bituminous surface. He noted he watched the project as it progressed and felt a sealcoat would have been sufficient. He also noted that a two inch rain occurred before the project was completed and that the water had no place to drain into other than the ground. He is of the opinion that moisture getting into the base would eventually shorten the life of the street. Staff advised that the next sealcoat done on this street in eight years wilt not be assessed to the benefitting properties. An additional concern of Mr. Nawrocki was the interest rate suggested in the public heating notice which was 9 ½ %. He distributed information regarding the rate of interest charged on money which is available to be borrowed by a municipality. That rate was 5%. He felt the Council should consider pursuing information on this from the League of Minnesota Cities. LEVY HEARING NOVEM2BER 16, 1998 PAGE 2 Mr. Nawrocki's third concern addressed those property owners who pay their assessment in full. It was his opinion that these people should receive a rebate on their assessment in that their account would generate no further administrative costs over the remainder of the project payment period. Mr. Braun, 1275 Lincoln Terrace, expressed his concern regarding how the curb and gutter improvements are being assessed in his project area. While he was pleased with the workmanship of the project, he did not understand why there were no assessments made to properties which were rehabilitated with driveway curb cuts and paving when they were not in place before the project started. Mr. Braun viewed this as a rehab job, not a betterment job, and felt it amount to a $300 rebate on the assessment. He noted there were approximately thirty percent of the affected properties which received this betterment in his area. Mr. Murzyn, 1300 Lincoln Terrace and Mr. Clark, 1260 Lincoln Terrace, agreed with Mr. Braun's position on the project and saw inequities with the work being done and not being assessed. They felt all benefitted from the project and should be assessed. Councilmember Ruettimann stated that the administrative and engineering costs are being picked up by the City, thereby, all property owners are participating in paying for this project. Mrs. Strand, 1145 Polk Place, noted that she owns her home and an adjacent vacant lot so she received two assessments for this project. She was advised by staffthat her street was marginal and could have received one of two procedures for improving it. She felt that a mill and overlay would have been sufficient. She also observed that the City participated with different percentages of payment for projects. She requested information which explained how these percentages were arrived at. Mrs. Strand also expressed concern with the 9 1/2% interest rate. Mr. Nawrocki stated his rollover driveway was replaced although he had not requested it. He continued a discussion with staff regarding the project contractor honoring individual requests, City policy on handling of administrative and engineering costs, and the formula used by staff to determine the City's participation in payment of parts of a project. Council President Peterson closed the public hearing. The City Manager advised that the current 9 1/2% interest dates back to 1989. Prior to that it was as high as 11%. It is his recommendation that the Council should consider an interest rate between 8 1/2% or 9%. He noted that the City's financial consultant had met with staffand recommended going no lower than 8%. Council President Peterson polled members of the Council on their preferred rate of interest. LEVY HEARING NOVEMBER 16, 1998 PAGE 3 There was consensus that 8% would be acceptable to all members of the Council. c) Consideration of Resolution No. 98-103 Being a Resolution Adopting the Assessment Roll for the Following Improvements in Zone 3 Motion by Jolly, second by Szurek to waive the reading of the resolution, with the change in the interest rate, there being ample copies available for the public. Roll call: All ayes RE S OLUTI ONNO. 98- 103 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement has been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 953,954, 955,956, 957, 958, 959, 960, 961,967, 968,969, 970, 971,972, 973,974, 975, and 976. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 16th day of November, 1998, in the City Council Chambers, 590 - 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 953,954, 955, 956, 957, 958, 959, 960, 961,967, 968, 969, 970, 971,972, 973, 974, 975, and 976. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. LEVY HEARING NOVEMBER 16, 1998 PAGE 4 Section 3. That said assessments may be paid in part or in full without interest on or before December 17, 1998, or in annual installments for a period of from one year to fifteen years as designated on the assessment roll, payable on or before the 15th day of September, annually, with 8% interest thereon. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty and a County Fee is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered PIX 953-Project #9703, PIR 954- Project #9704, PIP, 955-Project #9705, PIX 956-Project #9706, PIR 957-Project #9707, PIX 958-Project #9708, PIX 959-Project #9709, PIR 960-Project #9710, PIX 961-Project #9801, PIX 967-Project #9723, PIX 968-Project #9724, PIX 969- Project #9725, PIX 970-Project #9726, PIX 971-Project #9727, PIX 972-Project #9728, PIX 973-Project #9729, PIX 974-Project #9730, PIX 975oProject #9731, and PIX 976-Project #9732. Section 5. This resolution shall take effect immediately upon its passage. Passed this 16th day of November, 1998. Offered by: Jolly Seconded by: Szurek Roll Call: All ayes Gary Peterson, Council President Jo-Anne Student, Council Secretary 3. ADJOURNMENT Motion by Ruettimarm, second by Peterson to adjourn the Levy Heahng at 8:50 p.m. Roll call: All ayes Jo-Anne Student, Council Secretary Gary Peterson, Council President OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL COUNCIL MEETING NOVEMBER 16, 1998 1. CALL TO ORDER/ROLL CALL The Special Council Meeting was convened by Council President at 10:20 p.m. Present were Council President Peterson and Councilmembers Szurek, Jolly, and Ruettimarm. Mayor Sturdevant was absent. 2. RECESS TO EXECUTIVE SESSION The Special Council Meeting was recessed to an Executive Session for the purpose of discussing the City Manager's evaluation. 3. RECONVENE THE SPECIAL COUNCIL MEETING The Special Council Meeting was reconvened at 11:12 p.m from the Executive Session where the City Manager's evaluation was discussed. 4. COUNCIL ACTION Motion by Ruettimann, second by Szurek, in reference to City Manager's review and salary, retroactive to January 1, 1998, an increase of 6 ½% in salary, and effective July 1, 1998, an increase of $50.00 for the monthly car allowance, and the next scheduled review would be in keeping with the current contract. Roll call: All ayes 5. ADJOURNMENT Motion by Szurek, second by Ruettimann to adjourn the Special Council Meeting at 11:15 p.m. Roll call: All ayes Jo-Anne Student, Council Secretary Gary Peterson, Council President CITY COUNCIL LETTER Meeting of November 23, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: q CONSENT AGENDA Fire APPROVAL ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation NO: ~ ~., ] DATE: November 16, 1998 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Kwei Fang regarding rental property at 4055-4057 University Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of November 23, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Kwei Fang Regarding Rental Property at 4055-4057 University Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of November 23, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER d CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation DATE: November 16, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Gerald Janson regarding rental property at 1248-1250 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of November 23, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Gerald Janson Regarding Rental Property at 1248-1250 Circle Terrace in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of November 23. 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER d~ Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation '-r"~/' J,, ~ DATE: November 16, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Gerald Janson regarding rental property at 1242-1244 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of November 23, 1998. The public hear/ng on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Gerald Janson Regarding Rental Property at 1242-1244 Circle Terrace in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of November 23, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA Fire APPROVAL NO: ~ ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation '"p,l}~l.,l, ,,/ DATE: November 16, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Greg Heinen regarding rental property at 1020 44th Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of November 23, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Greg Heinen Regarding Rental Property at 1020 44th Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of November 23, 1998 AGENDA SECTION: O1LIGINATING DEPARTMENT: CITY MANAGER dTtt CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation '~'"t/~} .~/- DATE: November 16, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Edwin Hansen regarding rental property at 4534 Madison Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of November 23, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Edwin Hansen Regarding Rental Property at 4534 Madison Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hear/ng Council Letter CITY COUNCIL LETTER Meeting of November 23, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER ~/ CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation ,~ j DATE: November 18, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Jerald Janson regarding rental property at 1266-1268 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of November 23, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Jerald Janson Regarding Rental Property at 1266-1268 Circle Terrace in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of November 23, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ~ Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation NO: ~" '~° 7 DATE: November 18, 1998 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Shannon Brown regarding rental property at 4634-4636 Polk Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of November 23, 1998. The public hearing on this property may now be closed in that the o~vner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Shannon Brown Regarding Rental Property at 4634-4634 Polk Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of November 23, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER 4 CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation '~P ~ ,/..~ ,~'~ DATE: November 18, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Sally Anderson regarding rental property at 3843-1/2-3843 Hayes Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of November 23, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Sally Anderson Regarding Rental Property at 3843-1/2-3843 Hayes Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting o£November 23 1998 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT CITY MANAGER NO. ~ POLICE APPROVAL: ITEM: Approval of School Liaison Officer BY: Thomas M. Johnso BY: NO. Contract with Ind. Dist. #13 ,~ g DATE: November 16, 1998 ~ DATE: BACKGROUND In 1992, the City of Columbia Heights and School District #13 entered into a joint powers agreement to fund a school liaison services program. This contract has been renewed each year since then. The program continues to provide benefits to the School District and the Police Department and is an important part of our juvenile program. The School District shares expenses equally with the Police Department during the school year. Total cost for the school year 1998-1999 is estimated at $72,293.10, with the school district's share at $27,109.91. This is an estimated cost as the 1999 Patrol Officer's union contract has not yet been settled and the wage schedule not yet determined for 1999. ANALYSIS/CONCLUSION Officer Mike McGee has held this position since the inception of the program. Officer McGee has established excellent rapport with the students and staffat the Middle School and the High School. In addition, his contacts at the schools are invaluable in our investigation of juvenile crime. Officer McGee provides an excellent role model to students and is a valuable resource to the school and the community. His continued interaction is an important link between law enforcement and the educational system. RECOMMENDED MOTION Authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 8, 1998, through June 10, 1999. Attachment mld 98-375 COUNCIL ACTION: Section 7 JOINT POWERS AGREEMENT This Joint Powers Agreement dated this 9th day of November, 1998, is made pursuant to M.S. 471.59 by and between the CITY OF COLUMBIA HEIGHTS (City) and INDEPENDENT SCHOOL DISTRICT #13 (School District). PURPOSE. The purpose of this agreement is to create, fund, and implement the position of Police School Liaison Officer. DUTIES AND RESPONSIBILITIES. The job description for the School Liaison Officer is attached. o SELECTION PROCESS. From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of School District # 13 personnel and appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School Liaison Officer is at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. FUNDING. The School District and City will share the following expenses equally during the school year, except in no event may the School District's share of the expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package: A. Officer's Salary B. Position Grade Enhancement C. Holiday Pay D. F.I.C.A. E. Workers Compensation F. P.E.R.A. G. Hospitalization H. Training I. Vehicle-related Costs Cost breakdown for 1998-99 school year is attached. o BILLING. The City shall submit a bill to the School District which will be paid within thirty days of receipt. Page 2 Joint Powers Agreement o o ° 10. 11. TERM. This agreement shall commence on September 8, 1998 and shall end on _ June 10, 1999. GENERAL PROVISIONS. The Police School Liaison Officer is a city employee and shall not be considered an employee of the School District for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor, but will consult regularly with the School District officials. The officer will have office space and phone at the School District's high school without cost to the City. INDEMNIFICATION BY CITY. The School Liaison Officer is a City employee. The City shall indemnify, hold harmless, and defend the School District, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. INDEMNIFICATION BY SCHOOL DISTRICT. The School District shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the School District, its agents or employees, in the execution, performance or failure to adequately perform the School District's obligations pursuant to this agreement. TERMINATION OF AGREEMENT. Ninety day written notice by either School District or City is required to terminate the program. The Liaison Officer can be removed at any time following the written notification of termination of the program. TEMPORARY REASSIGNMENT. Temporary reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after th/rty days. Page 3 Joint Powers Agreement 12. Resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by the School District and the Chief of Police. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE. CITY OF COLUMBIA HEIGHTS SCHOOL DISTRICT #13 Joseph Sturdevant Mayor David Behlow Superintendent of Schools Thomas M. Johnson Chief of Police Janet Ostazeski School Board Chair. COST FACTOR BREAKDOWN SCHOOL LIAISON OFFICER PROGRAM 1998-1999 School Year Base Wage: Patrol Top Wage Police/School Liaison Officer premium Longevity (16 years) Holiday pay Deferred comp. Overtime allocation TOTAL BASE WAGE $3,887.22/month 110.00/month 234.99/month Section 8 $46646.64/year 990.00/9 mos. 2,819.00/year 2,152.00/year 300.00/year 2,018.80/year $54,926.44year Compensation and Fringe: F.I.C.A. (1.45%) Workers Compensation (7.48 each $100 wage) P.E.R.A. (12% gross wage) Hospitalization ($375.00/month) TOTAL FRINGE BENEFIT COSTS 796.00/year 4,108.49/year 6,591.17/year 4,635.00/year $16,130.66/year Miscellaneous Costs: Training Allowance Vehicle Related Expenses TOTAL MISCELLANEOUS COSTS 721.00/year 515.00/year $ 1,236.00/year TOTAL YEARLY COSTS To compute monthly total: $71,613.67 divided by 12 months = $6,024.43 To compute school year total: $5,967.81 x 9 months (school yr.)= $54,219.83 To compute School District #13 cost: 1/2 of 9/12 funding formula = $27,109.91 TOTAL COST TO SCHOOL DISTRICT #13 $72,293.10/year $27,109.91 mid BRC F:'II',IANC! AL.. .'I. 1/20/9,t~ 08:25:25 C 1-,,e ,:: 1-:. History F:'LJIqD F~IZCAF': F:'UNI) I) E: SC.:F;.' I F:'T ]: 0 N :1.01 GEN1ZRAL. 201 COMMUI'~ZTY DEVEL_OF'ML'-'-NT F'UND 2075 PAF;.'I<V]:E:W V]:I_L.A NORTH 204 L'-ZCOt'.IOM:[(:; DI?.V[<LOF'ME:NT AI. JTt.~ ~:...).., SECT ]: ON 8 2.~.3 F'.ARKV]:ti:W V:[LL.A SOUTH 22.5 CABL..E ~.'2.755 RIi:NTAI._ I..K3US:[ NG :'.'". 4 () L.. :[ B F;:A F:Y 4:L:L CAF':[]'AI._ :I:MF'""GEN GOVT. 601 WATER LrT :): I... ]: TY <SO::-:: S E'- Wl::_'l:.' U'I- :[ L :[ TY 603 RE:F:'L.I:B E: [::'LJN):) 60':? I...:[QUOR 6 ~::.1'~:.:.'. 70:1. CEI',tTI::,'AL 7.1.0 E:N E:i:~C')Y I"J A N A GJii: M E:N"I" ';;' :::?. 0 )}AI'A F'R[]CI:<SS T. NG 88! CC%ITF,' ]: BUTE:D PROJE:CTS-F,'E:C 885 E:,<:;C:RC)I;J J::'J...EX BJ::NJ:I'--:[T '¥J:;,'t.J~.];'¥ F:I. JI'..II) TOTAL.. AL.L. I::'LJFI¥)S !) I SBUF.'SE:ME:NTS 18,435.85 4,429 ,, 29 ].7,512.. 53 25 ,. 00 3,024.20 4,532.". ,, 09 ]. ,357.54 237.32 25,990 ,, 1-.:.'0 !3,433.90 62, .'.396 .. 86 :l. 0 :l. ,063 ,, 45 376,746.. 74 39:t. ,, 5O 2,870 ,, 53 96.78 57., 59 :L , :53.1.. 2.5 '-'? :5,694 ,, 00 :l. 94,2". :L 9.6 'C:', 432. ,, 83 856,630.06 BANK RI:CAF:': BANI< NAME: BANK CHI.-ZC K ]: NG ACCOLJN]" TOTAL_ AI._I._ BANKS i) ]: SB LJR.c.;E: ME N'T'S 856,630.06 856,630.. 06 BRC F'];NANCtAL. SYSTEM 11/20/98 08: ~.'] Check History ]. 1/23/98 COUNCIl... BANK VENDOR BANK CHE]CK]]NG ACCOUN'T A:I:I:;,'TOUCH CELI_LILAR ALI... Fr.ZFd? TEST T. NC AI...t...,"~!;A]:N]-S BF,'AND DZSTRIB )31F.'LL_):.?,OY BAI':,' SUF'F'LY BEiI,..L,BOY CORF:'ORATIOIM Z"K]'Y't.::.'I-:,' TRUC I< C:l!i]q ]" F;.'.AI... S-f'ORt~i:S CH :!: ES/DON CH ]: SAGO L. AI<ES :0 ]: STR ]: COCA-COI...A L'qOTTL :[ NG M :[ DWI.'-': EAGL. E!: t,,J]:NE: COMF'ANY EAST S:t:DI~: BEVERAL.'~L'-] CO E:t...IE:CT]:CIN SYSTEMS & SOF:'~I"W E:'LECTRON:[C DATA STOF:A(31F- GENU]:NE F'ARTS/NAF:'A AI. JTO GF;,'AF:'E: :C-~IZG:[NN]:NGS ]:NC; GR]:L']GS-COOF'I.'-':R 8: CO FIA N S C] N/,'.i; FIE:L.L.Y HOHENSTE:[NS :I:NC I..IC)W E:S: CLASSY JOHNS;ON BROS. L:[(.:,q. JOF;,' CO. JC) L.I... Y/'~) C) N A L.:O K MART KUETFIER DIST. CO. MAF,'K VIii D:[ST M ]: NN E: C-;A',:.; C 0 MN DEF'T OF REVENUE IqE]i-]DFtAM D:t:STR:[ BLIT ]:FIG CO NE:[ COI_I_EOE OF TECHNOLOG IqC)RTH STAFL' ]:CE OF:'F:[ CE DEF'OT F'A F;,'T S PL. US F'AUST:[S & SONS F'EF:'S :[-.COL. A-7 UP F'H]:I._L:[F'S WZNE & SF'IRTS F'R ! OF.'. W :1: NE QUAL]:TY W:[NE & SF':[F,':[TS SFIA,~; KY/I<EV t N R STAR TR:[BUNE 'T H C.'IMF:'S CIN/O E:R 01"11:!: l.J S WEST COMMUN:[C'AT:[ONS )BA:[N/CAROLYN SUE Bf!i:t...I...:EK]YBAF;,' SLIPPLY )Bli']..LY~OY CORF'ORAT :[ON CH Z ,t::;AGO L.A t<E:S :0 ]: STR ]: :BUT ]: CITY OF COL. LIMB]:A t"IE]:GHTS GL. 540R-V05.20 F'AGE :t. CHECK NUMBE:'R AMOI. JI-tT 75447 75.33 75448 35 ,. O0 75449 ].60.00 75450 608 ,. 07 75451 6,52].. 97 75452 21 ,, ,'-]9 75453 255,,94 75454 341 ,,00 75455 4,014..63 75456 .1. :, 260 ,, 75 75457 4,248.37 75458 68,882 ,. 35 75459 ].96. t0 75460 1,033..32 75461 22:L. 94 75462 1::54,, 72 75463 59'. O0 75464 11,508,. 58 75465 26.97 75466 8 :, 623., 90 75467 I , 33].. 25 75468 18,947 ,, 6.1. 75469 16.82 75470 43.. 85 75471 30,039.90 75472 10,455,,77 75473 ].07.4.1. 75474 .1.2,213 ,, 00 7 ~,4 ~ ~, 156.40 75476 768 ,, 60 75477 I, .1. 15 ,. 88 75478 365 ,, 02 75479 32.33 75480 369 ,, 15 7548]. 349.85 75482 846 ,, 36 ,- ~,48~ ]., c ~-.., - 7 ~,4o4 '1., 069 ,, 5;4 75485 214.2'.0 75486 867 ,, :56 75487 ::';74.00 75488 388 ,, 12 75490 248.00 75491 24.94 75492 726. ].0 75493 26,859 ,, 02 75494 957.45 BI:;,'(]: F~ I hlAl,iC :r Al.. SYSTEM .1. :L/20/98 08: 2 Check History 1 :[/23/98 CC)UI,-IC]:I... BAh! K VEi:NI)[./R BANK CHEECK]:I',IG ACCOUI',IT C]:TY WI:DE-] W]:NDOW SE:RV]:CEi] CO[]A-COL. A BS'I~TL. I NG M Z DWE: CF;,'E~PEi:ALJ/FL'E]',IE: & C:;EENE:V]:EVE DUBO I S/MARY D LJF:'RF.E/'PAUL. ]: hiE: li']AGL~E WINIE COIdF'ANY EAST SI:Or..~: BE]EVE:'RAGE CO IELV:t:N SAFL--.TY ,~UF'F'L_Y C;Ei:NU:[NEi: PARTS/NAF'A AUTO GR :E G[_'-d.'3-COSF'EF;,' & CO HC)HEi:FI,"ii:TE::I: NS ]: NE] ,';fAX CAFE JC)I.-IN,'.~;ON BF:OS,. L.];QLJOR CO. JOHNSON F'AF:'ER & 8UF'F'I._Y C K :E TC HA/MAF;:Y I<LIfETI-4EI;: D:[,'.~T. CO. LAWN E;Ei:RV]ECE-SNOW REMOVA MARK VII D:[ST. MIETROPOL..]:TAN COLINC]]L Mr.E'T M]:NNE£8(]TA W!NEGROWER,S CO hltii:L..S 0 N / Vt 0 N :[ 6.) U E I',!OF;,'"f'H ME'FI:,'O MAYSF,'S AS80C NOF,'TF! STAR ]:C:E: F:'AUSTI8 & 80NS F:'E]::'SI--COL. A-7 UF' F:'ET]"Y CASH .- KAR[:_'N MSEL/_ F'H]:LL.]:F',E; WINE & SF']:F,'TS F:' I hlhlACLL:.: D I .*.'~]-I";,' I'-"F;,' :[ (:)F;,' W ]: I-,Ir.i: QUAI...:[TY W;[NI.:-] & 8F'II-~IT,'..3 RIE'T'AZL.. DATA SYSTEMS OF M F;,'USH/MARY S'T'LJF;.'.DEVANT/,]OSEEPH S 'T'UB].~8/"MARSHA A F:',?; CME: DIENT I CARE I:IEH,~F.;T?WAL. TEER F'IRST COMIdUIqITY CREDIT tJ Gt:L'E]AT WEST L]]F:'EE & ANNU]Y¥' ICMA RL:']T][REfflLEI~T 'rF'd. JST 45 L. MCIT - DENTAL. ME:')} I CA CHO I C[-] M]]NNE]SCrT'A MUTUAL. L. IF'E. 1'"111"~NI'.-.]~OTA NCPEF,'S MH CH]]L,.D SUPF:'ORT PAYMENT MJ'-I S]~AT~. I:,'ETTRI'..-]',]ENT 8YST CITY 8F COLUMB.'[A GL540R-V05.20 F:'AGEE 2 CHECK NUi'qB E F:,' AMOUNT 75495 24.50 75496 751., 4.0 75497 68 ,, 00 75498 251 ,, 49 75499 34.00 75500 7:L2 ,, 21 7550]. 7,617.50 75502 24.65 75503 44.69 75504 17,946 ,. 39 75505 5,338.,49 75506 :k 00 ,, O0 75507 ].9,221.50 75508 231 ,.23 75509 34.00 75510 41,945.,25 755.1. :L 862.65 755.1.2 8,879 ,. 34 75513 2,309.20 755.1.4 64.00 755.1.5 257.91 7551,5 60,,00 75517 628.74 75518 49.50 ....... 307.42. 75520 60 ,, 64 75521 4,525.43 75522 :[80 .. 75 75523 940.24 75524 !4,781 . 7.1. 7 .... :.-, 24. O0 75526 100,,00 7 ..... -~ 147.0r~ 75528 289., 22 7553';0 847.38 75531 347 ,, :LO 75532 ! ,069,49 75533 1,620..00 75534 3,72.9.00 75535 8,317.40 75536 2,213.82 75537 :L43 ,, :L9 75538 ]. , 49'5. O0 75539 162,,00 75540 68.50 7554.1. I, 7:L6 ,, O0 75542 433.43 BRC I=ZNANCZAL .SYSTE~.M /20/98 08: 2 Check History :I. :1./2.".3/98 COUN C :t: I... BAN K VE:NZ)OR BAN 1,', CH1ZC K :l:lq['..) ACCOUI',t"f' NORWE:ST BANI< - PAYROLL. A I,IOVA K/DEBORAH I:'li~:F~,' A PI.ERA - DEl=:I:NED CONTRZBUT F:'ti!]:;:A F:'OL ]: [:)E!: REi:L. ZEF:' CONSO F'I:~IJ)']IZNTZAI.. I....T.r-[£ ZNSURANC RAME;[)E]...L. E.)CHOL. ARSH]:P F'UN S'TANDAF(D :[NSURANCI.E COI'IF'A S"I"ATE CAP]:TOI.. CF~r..~D!T UN]:ON 49 UN:I:TED WAY WYAN).')OTTI.:: COUNTY C;OLfFL'T H PI & C: olf~.d...l... ACLE' A :1: CF'A A:r.F: TOI. JCH CLEI._I...UI...AR AME:R:f. CAN AGE]',ICY '~:NC AMI!E]R:I:CAIfl WA'TI.ER W(]RKS ASS A M E:R :[ f:' f;: :1: l)Iii: ANOKA COUNTY ANOI-.'.:A CTY .... CE:NTRAL. COMM )BAKlii:I'~: & TAYL. OR BARt',IA [-:~L.IZY ,?f: S"I"EF'F'E:N [.."ri:) BATTI.=:IRY C:£TY ZNC; BAUE:F..' BL.IZt...T TIRE: & BATTE: B!F_'AR COMMUN.'[[DAT:E ONS Z NC Btii:RN:ECK AND L. ZF'SON )BOOK Wt"IOLii=SAI_I.T. RS BOY E:F~.'. TRUCKS BF::AKIZ ;E EQUZF'MENT WARET. HO :C~F;: 0 D A R"I" C & D COMMUIqZCATZONS INC CAR-f'E: (3RAF'H SYSTEiMS CIERT Z F l E'.D C H E M S E: A F;: C H CI-IIET ' S SI-lO[CS [:I"I:t:SAGC.~ L. AKE~ BISTR]:BLITI Cl._ARK I...ANDSCAF':[ NG COC:A-'COL. A E4OTTLING M]:DWE' COMF' USA ZNC CONSTRUCT :I:ON BULLET l N COFd:'O!~ATIZ EXF't~I.::SS CI:;:ti.']ST VIEW LLJTHE:RAN HOME". CSC CRIEDIT S[£RV:[CES ~) I:~'OC:K CEN"I"E:R DAI...CO LENTIZIRF'I~:[SIES IN(/; I)AL. CO F:OOF:'tNE~ & SHE:ET CZTY 01: COLJ.JMBZA GL. 540R-V05.20 PAGE: CH E'C I'", NUMBER AMOUNT -7~~= ~,.-~' :~ 140 :, 9E~6.30 75544 27 ,, 84 75545 24,738.99 75546 94 ,. 62 75547 892.07 75548 587.38 75549 42.25 75550 869,74 : ~ ~J. 1 , J.~: ....O0 75552 609,,00 75554 :L 50.0~ 75556 66.72". 75557 75558 2E~4 ,, 08 75559 18,,39 75560 17,343,, O0 75561 200 ,. 00 75562 84.73 7556~ ~8. O0 75564 1, I29. 75565 4()~., 20 7 ~,._,o6 8,472.00 '75~7 :!. 56 ,. :L 75569 :~'75 ,, 59 75570 272,25 , ~,~ 1 !22,, 47 75573 116 ,, 75574 36.95 75575 522. 75576 395. O0 75577 221 .. 0:3 75578 485.55 75579 20.00 .... o~ ]., 6o... 75581 :L75.00 75582 475.75 75583 345,,00 75584 39I. 50 75585 80 ,, 75586 ! 1,5!0.58 75587 25. 75588 242.67 75589 t67. O0 75590 25,990.20 BRC F.INANC][AL_ SYSTEM 11/20/98 08: 2 Check History 11/23/98 []OLJNC]EI... BAN K V E.'] NJ[) OR BANK CHIZCK]]N[.; ACCOUIq'i" DANKA OFF'FI]CiE ]iMAGING CO ][)AV]]I.~E,~; WA'I"[<R IE[;)I.J.ZF' CO. ].')AWSON I)EMCO DIAMOND VOGEl.. F"A]]NTS EAGI...E Wi[hIE COMF'ANY I:-"]AST SIDE BEVEF;,'AGE CO I~]i...][M i'"'RI.'-EFEF:,'RI.']]) SEI'~VZCE,"']; F'AC'T'OF;.'.Y MOTOR F:'ART:F.~ [}) &". K SIF-RV]]CL-]:~ Gl...liEhll,'JO0)} i[ hl[};L. EWOOD GOOD l'lD/ DR GARY GOF:'HEi]:;,' S]"ATE ON!i~>"CALL ]iN GF;,' ][ [.~GS--COOI'~'ER & CO !"1 ~: L.. M1ZSAB]] HAF'F:'Ii.".L D)?.A I-"LANSZGI"IT/JI.'-]R HAF;,'[.';OURT BRACE F:'ROF:',PLt]['.":I... I"II.~]AI.-TH SIE]:;:VZCES JIF Iq AM[< I"tliEINRICH E!]'~IVEt...OPE CORP I"I][GHSMITH ][I"!C - UI'"START FIO H Ei]',tS TE ]] I'-~S I"fOb'IE ]}IEF'OT HOI...I[]HEi]',! Y...: ]] N)~)Ei]:;,'Y I...]-D ][KOI'-! OI-FrICIE SOI_I. JTZON ]] F:'C PR ]] NT ][ NG JOE ,SCHM.Z]"Z BOOKSEI..t..Et:: JOHNSON BRO,C.'~. L..]]QLJOR CO,, 0'[)UF;:NAI... Ol= ACCOUNTAI'~ICY K MAR'T' KUE]"HEI~ DJ[ST. CO. !-. A G E F:,' (F~ U ]] ,~.~; T CORP. t_.ANO EQI. JZPMI.'-EI'~T CO. I-IiEXI,S I...AW PLJBL.]]SH]]NG MAC QUEIEN IEQUZPMI"'"INT CO. I~IARI< VI] ]] MC'M ZNC MIl!]DJ'OX L.ABOF:,'ATOR]][.i]S, INC MI.~EI',IARDS CASHWAY L. UM)BFR-F MIiE'¥RO WEL.I)]]NG ~c~uF:'F'LY I~E]"R(]I='OL.][ TAN COUNCIL WAS M]]CROFILM OPTIC;AL STOR4G M][~WAY FORD M]]I)WE,".']:T ASF:'FtALT CO. M]EDWF_.-ST LOCK & SAFE M][ NN PAC MZNNIZAPOI...]['~g SAW CO, M]I]I'~INESO]"A CITY/CNTY MGMT CITY []t-- COI._UM]B.T.A t'~ti']]]GHTS GL. 540F;.'-VO 5.20 PAGE 4 CHEECK NUMBER AMOUN'T' 75591 8t8,,99 75592 328.7:.] 75593 9.85 75594 81 ,,01 75595 ::L ,373 ,, 12 / ~,o;-6 1,656,,38 75597 12,543,,25 x ....? o 2() ,, 3:L 75599 101.92 75600 236 ,, 72 75601 34.34 75602 240.00 75603 169.75 75604 6,806.32 75605 475.52 75606 3,914 ,, 74 75607 140.8! 75608 58 ,, 00 75609 259.59 75610 42 ,, 53 75611 1,797.10 75612 609,, 61 75613 210.91 75614 196 ,, 32 756 ]. 5 54.49 75616 433.62 75617 5,086.28 75618 40 ,, 00 75619 9.88 75620 7,017. :15 75621 561 ,, O0 75622 52 ,, 08 75623 58.74 75624 308 ,, 56 75625 9, J. 83.68 75626 575.97 75627 114.00 75628 66.51 75629 41.40 756~0 61,852 ,, 41 75631 119.53 75632 333.01 75633 283 ,, 64 75634 13 ,, 89 75635 25.00 75636 77.76 75637 70.00 BRC FT. lqAIqCIAL SYSTEM .]. 1/20/98 08: 2 Check History .1..1./23/98 COUIqC]:I... CITY 01-- COLUMBIA I"IE]X~d'CFE; GL540R-V05.20 PAGE 5 BAh!K VE]qDOR CHECK NUMBER AMOUNT BAblK CI"IE:CK]:NG ACCOUN]" MIt',INESOTA COACHE:S MINNE,~3OTA SUN F'UBI_ICATtO M(]RREt...L. & MORREL. L. INC MPIEI...RA NEWMAN 8.1. I,tOR]"H STAI~ ICE OF:'F'I CE DEPOT OLYNYK/PAT L~E. NE.~ OF MN PAM OIL INC PARK SUPPL. Y PEPSI-COL..A-7 UF' F'I"]IL.L. IF:'8 WINE & SPIRTS PI"iYSIO C(]NTROL PLUNKE:TT'S, INC PRIOR WINE F'ROEX - WOL.F CAME:RA R R BOWl<ER RAK COI'..!E;TRLICTION INC RAF:'IT PRtNT]:IqG -- FRtDLEY ROSE:DAL.E: CHE]V RYAtq PLUMBING .~ HIEAT!NG S R F CONSUt_.TING GROL]t::' SAM GIB80N SEWER COMPANY SIERCO LAB8 SIMON & SCHUSTER 80F~TWARE: TAILORS 8QI. JtEEGIEIE PRO WINDOW CLIEA S]"RE:[CFIER GUN'S INC/DON TIZLEF'HONE AIqSWIERING CENT TOWN & COUNTRY OFFICE CL UN ! F~ORMS UNI._ I M I TIED W L TRAFFIC SLIF'PLY WARNING LITES OF MIIqlq. WOOI)L.AI<E SANITARY SERVIC WW GRAINGER 75638 520.00 75639 162 ,, 80 75640 520. O0 75641 45,,00 75642 75.43 75643 13 :L. 82 75644 382.18 75645 ]. ,268.,46 75646 !9,,02 75647 42~'~. 85 75648 289.04 75649 156,, 18 75650 3,204 ,. 74 7565 .1. :L 68 ,, 00 75652 67 75653 2,202.99 75654 8.95 75655 ~76 ,, 05 75656 550.00 75657 34 ,, 39 75659 8,900,,00 75660 4,0!4, :t. 6 75661 .1. 60 75662 140 ,, 00 75667~ 126.66 75664 25. O0 75665 50.00 75666 3I. 30 75667 :1.09., 55 75668 106 ,, 50 75669 :L 58. 75670 790.23 75671 160.49 75672 99.967.48 75673 .].42 ,, 6:t. 856 :, 6~':~ 0 ,, 06 )~:*>k TO CITY COUNCIL NOVEMBER 23, 1998 1998 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LOCATED AT FEES BUILDING OFFICIAL *Augie's Heating, Cooling & Service 6682 Gretchen G.N. 40.00 license.ag CITY COUNCIL LETTER Meeting of: November 23, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER' S NO: ~ CITY MANAGER' S APPROVAL ITEM: ORDINANCE NO. 1379, AMENDING CHARTER BY: CHARTER COMMISSION BY: PERTAINING TO COUNCIL MEETINGS DATE: DATE: NO: The Charter Commission has been in the process of reviewing several sections in the charter. The commission has discussed Chapter 3, Section 16, Council Meetings, and recommends certain changes. The current charter language in Chapter 3, Section 16, states that a special meeting could be called in 12 hours, and the proposed language would change that to three days' notice. The proposed language also states the notice shall be posted as well as delivered, and defines "emergency" meeting, and the procedure for notification and posting of "emergency" meetings. According to Jim HoerS, City Attorney, these changes amount to housekeeping changes. The three day notice for special meetings is required by state law, and we have always complied with this requirement. The Charter Commission has held its first and second readings on the proposed amendment language. RECOMMENDED MOTION: for the public. Move to waive the reading of the ordinance, as ample copies are available RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1379, an Ordinance Amending Chapter 3, Section 16, Council Meetings, for December 14, 1998, at approximately 7 p.m. COUNCIL ACTION: O~ZN~-~C~ ~O. 1379 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 16, OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO COUNCIL MEETINGS The City of Columbia Heights does ordain: Section 1: Chapter 3, Section 16, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: SECTION 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least twelve (12) hours'notice to each member of the council. Such notice shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. Ail meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. is hereby amended to read: SECTION 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least hours~.~hree (3) days' notice tc ~, ..................... ...~..~ ~ ~..~ ~,~. Such notice shall be posted and shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. ~he mayor, any two members of the council, Qr the city manaqer, may ~all special emergency meetinqs of ~he council upon at least twelve (12) hours' nQ~ice ~0 each member of the council. Posted or published notice of any such emercency meetin~ shall not be respired. An emerqenc"f meetinc shall be defined as a special mee~in~ galled because of circumstances that, in ~he judcTnen~ of %he mayor, any ~w0 cQuncit members, Qr .~ity manager, require immediate ~onsi~eration. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. Section 3: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Roll Call: Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor CITY COUNCIL LETTER MEETING OF: NOVEMBER 23, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ,/-/ CITY MANAGER'S APPROVAL ITEM: REQUEST TO VACATE A PORTION OF BY: JIM HOEFT BY: NO: A DRAINAGE & UTILITY EASEMENT,/,/. ~ DATE: NOVEMBER 17, 1998 The City of Columbia Heights has been asked to vacate a portion of the drainage & utility easement listed on the Northwestern Addition Plat, on the property owned by North Coast Partners, LLP, 4110 Central Avenue NE. The City vacated some of the easement with Ordinance 1171 in September, 1988. However, the legal description used in the original ordinance did not cover the entire portion of the easement to be vacated. Accordingly this Ordinance is a house keeping item to correct the legal description of the portion of the easement to be vacated. RECOMMENDED MOTION: Move to waive the first reading of Ordinance No. 1380, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish December 14, 1998 at approximately 7:00 p.m. as the second reading of Ordinance No. 1380, an Ordinance Amending Ordinance No. 853 City Code of 1977, vacating a portion of a drainage and utility easement as dedicated on the recorded plat of NORTHWESTER ADDITION. COUNCIL ACTION: legal\jane.g\vacsease.ltr ORDINANCE NO. 1380 BEING AN ORDINANCE AMENDING ORDINANCE N0.853 CITY CODE OF 1977, VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates a portion of that certain drainage and utility easement over and across the following described property, to wit: That part of the drainage and utility easement as dedicated on the recorded plat of NORTHWESTERN ADDITION and now to be vacated lying within Lots I and 2, Block 1 in said plat which lies westerly of the west line of the East 27.00 feet of said Lot 1 and northerly of the south line of the North 38.00 feet of said Lot 2. That part of the drainage and utility easement as granted in the document recorded in the Office of the Anoka County Recorder as Document No, 643516 and now to be vacated lying within Lots 1 and 2, Block 1, in NORTHWESTERN ADDITION, which lies westerly of the west line of the East 27.00 feet of said Lot i and northerly of the south line of the North 38,00 feet of said Lot 2. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: November 23, 1998 Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor jane.g\legal \vacsease.ord CITY COUNCIL LETTER Meeting of: November 23, 1998 AGENDA SECTION: CONSENT ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Admirfistration APPROVAL ITEM: ESTABLISHMENT OF COUNCIL WORK BY: J. Student BY: SESSION '~*"t' DATE: November 19, 1998 DATE: There are some items which need discussion before the next Regular Council Meeting. These will be on the agenda of the next Council work session. Also, the City Manager suggests the Council may want to consider scheduling another budget work session before the December 14th COuncil Meeting. MOTION: Move to establish a Council work session on Monday, December 7, 1998 immediately following the Truth in Taxation Hearing which starts at 7:00 p.m. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 23. 1998 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 4 Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt BY: License Revocation, Rental Prgperties NO: ~' DATE: November 19, 1998 DATE: Revocation or suspension ora license to operate a rental property within the City of Columbia Heights is requested against the following owner regarding his/her rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Renae Novak ................................. 4023 6th Street NE RECOMMENDED MOTION: Move to Establish a Hearing Date of December 14, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Renae Novak at 4023 6th Street NE. COUNCIL ACTION: 590 40th AVENUE I~ COLUmbia HEIGHTS MN 55421 -3878 782-2800 TDD 782-2806 ........ CARE MONTH PROCLAMATB ~olumbia [ghts citizens of all ages and economic levels are concerned Ion -term care and S: Home care provides a wide range of these needed health and supportive disabled and infn-rn in their own homes and The of home care is the oldest and most enduring tradition of ~ m the United States of America: and show that most ices in ~ple prefer to receive medical care and related )wu homes and Home care~allows our dis§~led and chronically ill citizens of all a~es to ~, !a~g wi~h ~eir loved ones in surroun..,djngs that are familiar and :~om~ortam~ ana :~E_~REAS ~ doing so, home care heh~s r)reserve one of the country's most imnortant THEREFOre !..j.p~ Peterson, President of the City Council of the CiW_?f_ {Columbia Heights, do er 1998. . 3.,f~,. Se $~:,a! o£.~.~jty of Columbia Heights. Gary Peterson, President Columbia Heights City Council November 1998 HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES EQUAL OPPORTUNITY EMPLOYER Ctt ' OF COLUMBIA HEIGHTS 590 40TH AVENUE N,E., COLUMBIA HEIGHTS, MN 55421-3878 (6 ! 2) 782-2800 TDD 782-2806 October 22, 1998 William Marshall 1600 Irmsbruck Parkway Columbia Heights, Mn. 55421 Dear Bill: At the November 23rd City Council Meeting the City Council would like to recognize you for your long time service on the Science, Technology and Energy Commission. The presentation of an engraved gift will take place near the beginning of the Council Meeting which starts at 7:00 p.m. The meeting is held in the Council Chambers which are on the second floor of City Hall. If you are unable to attend this meeting, you are welcome to contact Jo-Anne Student, the Council Secretary, so other arrangements can be made. Thanking you for your exemplary service to the City and its residents, I am, Sincerely, JS/js THE CITY OF COLUMSIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF BERVICE$ EQUAL OPPORTUNITY EMPLOYER O TY OF COLUMBIA HEIGHTS 590 40tH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 October 22, 1998 Stephen Riner 4630 Seventh Street Northeast Columbia Heights, Mn. 55421 Dear Stephen: At the November 23rd City Council Meeting the City Council would like to recognize you for your long time service on the Science, Technology and Energy Commission. The presentation of an engraved gift will take place near the beginning of the Council Meeting which starts at 7:00 p.m. The meeting is held in the Council Chambers which are on the second floor of City Hall. If you are unable to attend this meeting, you are welcome to contact Jo-Anne Student, the Council Secretary, so other arrangements can be made. Thanking you for your exemplary service to the City and its residents, I am, Sincerely, ~/Mayor Joseph Sturdevant JS/js THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILI~Y IN EMPLOYMENT Or THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS (!-) 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN $$421-3878 (612) 782-2800 TDD 782-2806 October 22, 1998 Gayle Norberg 4522 Seventh Street Northeast Columbia Heights, Mn. 55421 Dear Gayle: At the November 23~d City Council Meeting the City Council would like to recognize you for your long time service on the Science, Technology and Energy Commission. The presentation of an engraved gif~ will take place near the beginning of the Council Meeting which starts at 7:00 p.m. The meeting is held in the Council Chambers which are on the second floor of City Hall. If you are unable to attend this meeting, you are welcome to contact Jo-Anne Student, the Council Secretary, so other arrangements can be made. Thanking you for your exemplary service to the City and its residents, I am, Sincerely, Mayor Joseph Sturdevant JS/js THE CI~ OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILI~ IN EMPLOYMENt or tHE PROVISION OF serViCES EC~UAL OPPORTUNI~ EMPLOYER _.,ITY OF COLUMBIA HEIGHTS 1~90 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 October 22, 1998 Nan Tilkens 3975 Johnson Street Northeast Columbia Heights, Mn. 55421 Dear Nan: At the November 23~d City Council Meeting the City Council would like to recognize you for your long time service on the Charter Commission. The presentation of an engraved gift will take place near the beginning of the Council Meeting which starts at 7:00 p.m. The meeting is held in the Council Chambers which are on the second floor of City Halt. If you are unable to attend this meeting, you are welcome to contact Jo-Anne Student, the Council Secretary, so other arrangements can be made. Thanking you for your exemplary service to the City and its residents, I am, Sincerely, Mayor Joseph Sturdevant THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORtUNItY EMPLOYER C'ITY OF COLUMBIA HEIGHTS (!-) 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN $5421 -$878 (612) 752-2800 TDD 782-2806 October 22, 1998 Richard Dustin 1708 39th Avenue Northeast Northeast Columbia Heights, Mn. 55421 Dear Dick: At the November 23rd City Council Meeting the City Council would like to recognize you for your long time service on the Economic Development Authority. The presentation of an engraved gift will take place near the beginning of the Council Meeting which starts at 7:00 p.m. The meeting is held in the Council Chambers which are on the second floor of City Hall. If you are unable to attend this meeting, you are welcome to contact Jo-Anne Student, the Council Secretary, so other arrangements can be made. Thanking you for your exemplary service to the City and its residents, I am, Sincerely, Mayor Joseph Sturdevant JS/js THE CI~ OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY tN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CiTY COUNCIL LETTER Meeting of : November 23, 1998 AGENDA SECTION: ORDINA2JCES AND ORIGINATING DEPT.: CITY MANAGER NO: ~'9 RESOLUTIONS ASSESSING ! APPROVAL ITEM: RESOLUTION TO LEVY ASSESSMENTS BY: JANE GLEASON BY: COMPLETED LTArDER PRIVATE CONSTRUCTION AGREEMENT BY PETITION/WAIVER DATE: NOVEMBER 16,998 NO: On June 14, 1993 the City establishing Petition/Waiver assessment improvements. Council established Resolution 93-24, procedures for miscellaneous special Under this procedure, we are now asking that the Resolution to levy the special assessments for the concrete work done under the ~'Private Construction Agreement" with a signed Petition/Waiver form be approved. PIR 978, Project #9800 is for the removal and construction of driveway aprons and concrete curb and gutter. RECOMMENDED MOTION: Move to waive the reading of Resolution 98 - 104, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98 104; Levy of Private Construction Agreement by Petition and Waiver as listed in PIR 978, Project 9800. COUNCIL ACTION: Jg\petawavr\lvycouncil ltr misc concrete RESOLUTION NO. 98 - 104 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement has been made and ratifying and conforming an authorization by petition/waiver under the "Private Construction Agreement to remove and construct driveway aprons, curb and gutter, heretofore received: Special Assessments numbered PIR 978, Project #9800. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 23~d day of November, 1998, in the City Council Chambers, 590 - 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, and a notice mailed to the property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. Section 2. Section 3. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered PIR 978, Project #9800. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. That said assessment may be paid in part or in full without interest on or before December 23, 1998, or in annual installments for a period of two years as designated on the assessment roll, payable on or before the 15th day of September, annually, with 9.5% interest thereon. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered PIR 978, Project #9800. Section 5. This resolution shall take effect immediately upon its passage. Passed this 23rd day of November, 1998. Offered by: Seconded by: Roll Call: Jo-Anne Student, Secretary to the Council Gary Peterson, Council President CITY COUNCIL LETTER Meeting of November 23, 1998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER NO: q Fire APPROVAL ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: November 16, 1998 DATE: NO: 98-, ~,' Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Michelin Kelly regarding rental property at 4724-4726 6th Street NE for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-./~,"there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-,/~4~, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1 ) of the Rental License held by Michelin Kelly Regarding Rental Property at 4724-4726 6th Street NE. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY MICHELIN KELLY (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4724-4726 6TH STREET, COLUMBIA HEIGHTS, MINNESOTA, A_ND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON NOVEMBER 13, 1998 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 23, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on March 30, 1998, Matt Field and John Larkin, inspectors for the City of Cotumbia Heights, was present at the rental property located at 4724/4726 6th Street at the scheduled time to perform the annual inspection. Neither the tenants, nor the owner showed up to let inspectors into the property. A letter and billing statement advising the owner that we were not able to complete the inspection and assessing a "no show" fee was mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on June 3, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted one violation. Compliance orders listing the violation was mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 3. That on July 30, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, were not able to get into the unit, due to the tenant and the owner not showing up for the inspection. A letter and billing statement advising the owner that we were not able to complete the inspection and assessing a "no show" fee was mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 4. That on September 25, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that one violation was uncorrected. Compliance orders listing the violation were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 5. That on November 3, 1998, Matt Field and John Lark_in, inspectors for the City of Columbia Heights, noted that one violation still remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT A VIOLATION OF THE HOUSING MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $120.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4724/4726 6th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F2764 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves fi:om the premises within 60 days fi:om the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF ,19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of: November 23, 1998 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER 9 ITE/4S FOR COt4SIDERATI'ON NO: Community Development APPROVAL ITEM: Second Reading Ordinance 1378 Adopting BY: Mel Collova BY: the Minnesota State Building Code DATE: October 5, 1998 Issue Statement: Adoption of the latest Minnesota State Building Code including the 1997 Uniform Building Code with State Amendments. Background: This Municipality is required to enforce this Code by Minnesota Statute 16B.62. and Minnesota rule 1300.2100 as modified by chapter 1305. The latest edition of the Code has the exiting provisions completely rewritten. The previous Code protected buildings and the new Code provides for timely exiting of occupants. It is therefore less restrictive in the exiting chapter which has been totally rewritten. This major change will reduce the cost of construction. Staff requests the adoption of Table l-A, the fee table. The present fee of $349.75 taken from the 1994 Code for a $25,000 project would be increased to $391.25 an increase of just $41.50. On a large project of $1,000,000 the building permit and plan review fee would increase from $8,270.21 to $9,254.44 an increase of $534.23. The average residential permit with a building valuation of $10,000 would generate a fee of $271.88 instead of the $243.38 current fee. An increase of just $38.50. The minimum fee for all permits including mechanical and plumbing permits will be increased to meet the current minimum building permit fee of $35.00. It should be remembered the fees should not increase again until the 2000 Code is adopted in 2001. As you will remember earlier the Council approved the increase from the 1988 to the 1994 Code and when skipping periodic upgrades, the increase does become considerable. It would be preferable to adopt the smaller, more frequent increase. Alternative !: Adopt the new Minnesota State Building Code without the fee increase (see attached current Table l-A). Alternative 2: Adopt the New Minnesota State Building Code with the fees as set forth in the revised Table 1-A (attached). Staff. recommends adoption of the draft ordinance and revised fee schedule Table 1-A. Recommended Motion: Move to Waive the Second Reading of Ordinance 1378, There being Ample Copies Available to the Public. Recommended Motion: Move to Adopt the Minnesota State Building Code Including Table I-A, establish all minimum construction permit fees at $35.00, establishing January 1, 1999 as the effective date of Ordinance 1378. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Ordinance No. 1378 Adopting the Minnesota State Building Code BEING AN ORDINANCE ADOPTING THE MINNESOTA STATE BUK,DING CODE. TI-~S ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUTPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BLql,DINGS AND/OR STRUCTURES IN THIS MUNIC~ALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL OF ORDINANCE 1344 AND ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. The City of Columbia Heights does ordain: Section 1. Application, Administration and Enforcement. The application, administration, and enforcement o£the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by chapter 1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statute 16B.62 subdivision 1 when so established by this ordinance. The code enforcement agency of the City of Columbia Heights is called the Protective Inspections Department. A Minnesota certified Building Official must be appointed by this jurisdiction to administer the code (Minnesota Statute 16B.65). Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statute 16B.62 subdivision 1 and as provided for in chapter 1 of the !997 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with the 1997 Uniform Building Code Table No. 1-A of this ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Section 3. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 16B.69). Section 4. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 is hereby adopted as the building code for this jurisdiction. The code is hereby incorporated in this ordinance as if fully set out herein. A. The Minnesota State Building Code includes the following chapter of Minnesota Rules: 1. 1300 Minnesota Building Code 2. 1301 Building Official Certification Section 5: Offered by: Seconded by: Roll Call: 1302 State Building Construction Approvals 1305 Adoption of the 1997 Uniform Building Code including appendix Chapters. f. 5. 1307 6. 1315 7. 1325 8. 1330 9. 1335 10. 1340 11. 1346 12. 1350 13. 1360 14. 1361 15. 1370 16. 4715 17. 7670 3, Division I, Detention and Correctional Facilities 12, Division II, Sound Transmission Control 15, Reroofing 16, Division I, Snowload Design 29, Minimum Plumbing Fixtures 31, Division II, Membrane Structures Elevators and Related Devices Adoption of the 1996 National Electrical Code Solar Energy Systems Fallout Shelters Floodproofing Regulations Facilities for the Handicapped Adoption of the ]991 Uniform Mechanical Code Manufactured Homes Prefabricated Buildings Industrialized/Modular Buildings Storm Shelters (Manufactured Home Parks) Minnesota Plumbing Code Minnesota Energy Code The City of Columbia Heights may adopt by reference all of the following optional appendix chapters of the ]997 Uniform Building Code as authorized by Minnesota rule part 1305.0020 subpart 2: 3, Division III, 1992 One and Two Family Dwelling Code; 33, Excavation and Grading. The following optional appendix chapters of the 1997 Uniform Building Code are hereby adopted and incorporated as part of the building code for the City of Columbia Heights. 1. 1992 One and Two Family Dwelling Code 2. Excavation and Grading This Ordinance shall be in full force and effect January 1, 1999 after its passage. Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary First Reading: Date of Passage: g:Lmel\Ordinance 1378BldgC o de ~inspecdon fee in accordance with Table 1-A or as set fot-d't in the schedule adopted by the jurisdiction, In instances where reinspection fees have been assess'ed, no addidona/inspection of the work will be performed until the re. quired fees have been pa/cl. SECTION 109 -- CERTIFICATE OF OCCUPANCY 109.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classi- fication of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein· EXCEPTION: Group R, Division 3 and Group U Occupancies. Issuance of a certificate of occupancy shall not be construed as an approval of a vioiat/on of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give au- thority to violate or cancel the provisions of this code or other ordi- nances of the .jurisdiction shall not be va/id. 109.2 Change in Use. Changes in the character or use of a build- ing shall not be made except as specified in Section 3a05 of this code. 109.3 Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy that shall contain the following: I. The building p~rmi£ number. 2. The adciress of the building. 3. The name and address of the owner 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building has been inspected for compliance with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 109,4 Temporary Certificate. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary cer- tificate of occupancy may be issued for the use of a portion or por- tions of a building or structure prior to the completion of the entire building or structure. 109.$ Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed ex- cept by the building official, 109.6 Revocation. 'The building official may, in writing, sus- pend or revoke a certificate of occupancy issued under the provi- sions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is deter- mined that the building or structure or portion thereof is in viola- tion of any ordinance or regulation or any of the provisions of this code. 00 TOTAL VALUATION I'S$0l.O0 to $2.000.00 I 'S2.001.00 to 525.000.00 525.00t.00 to 550.000.00 SSO.OOl.~ to SIO0.O00.O0 5100.001.00 ~o $500,000.C~ 5500,001.00 to 51.000.000.00 $I.000.001.00 and up · pe outsic~ of normal business hours TAELE 1-A-,-~UILDING PERMIT FEES FEE 523.50 523.50 for the first S500.00 plus 53.05 for each addition~ 5100.00. or fi-action thereof, [o and including S2,000.00 569.25 for the first 52.000.00 plus S 14.00 for each additional $1,000.00. or fraction thereof, to and including $25.000.00 5391.25 for the first S25,000.00 plus S t0. I0 for each additional S1,000.00. or ff'acuon thereof. to and including 550.000.00 56a3.75 for the first 550.000.00 plus S7.00 for each additional Sl,000.00. or fraction thereof. to and including 5100,000.00 5993.75 for the fu'st 5100.000.00 plus 55.60 for each additional $1,000.00, or fracUon thereof, to and including $$00.000.00 53,233.75 for the t'Mt S500.000.00 plus $4.75 for each additional $1.000.00. or fraction thereof', to a~d including 51,000,0(X3.00 55,608.75 for the ~u~ 51.000.000.00 plus 53.65 for each additional $1,000.00. or fraction thereof' (mir/mum char~-..two hours) ....................................................................... $47.00 per hour1 '~ ,Reinspection fe~ assessed under provisions of Section 305.8 ................... (minimum charg~--on¢.hatf hour) .................... $47.00 per houri 4..Ad.di.tiona~ plan review required by cha. nges. addidorts or revisions to plans trmmraum charge--one-half hour) ............................................... $47.00 per hourI 5. For use of outside consultants for plan checking and inspections, or both Actual costs2 ICh' the totrJ hourty cost to ~he jurisdiction, whichever is ~he great,st. 'l'his cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2Acturd costs include administrative and overhead costs. 1994 UNIFORM BUILDING CODE 1-A TOTAL VALUATION FEE $ 1.00 tO $500.00 S" l .tX) $501.00 tO S2.000.00 S21.00 for the tits[ S500.00 plus $2.75 for each uddidonai 5]00.00. or frJcfion [hereof, m and including $2.000.00 $2.001.00 to S25.000.00 562.25 for the first S2.000.00 plus S 12.50 for each additional SI.000.00. or fraction thereof, ro and including 525.001.00 to S50.000.00 S349.75 for [he first S~.000.00 plus S9.00 for each additional SI.000.00. or fraction [hereot: ~o and including 550.000.00 550.001.00 [o 5100.000.00 $57~.75 for the first 550.000.00 plus $6.25 for each additional $1.000.00. or traction [hereof. to and including 5100.000.00 5100.001.00 to $500.000.00 588.7.25 for the first 5 t00.000.00 plus 55,00 for each addiuonal $1.000.00. or traction [hereof. to and including $500.000.00 5500.001.00 to 5 i.000.000.00 $2.$87.25 for the first 5500.000.00 plus 54.25 for each additional $ i.000.00, or traction thereof, m and inciuding $ I .LXD.000.00 $1.000.001.00 and up 55.012.25 for the fir.~t $t,000.000.OO plus $2..'5 tbr each ' addiuonal 51.000.00. or fraction thereof Other Inspections and Fees: i. Inspections outside of normat business hours ................................... 542.00 per hour~ (minimum chargemcwo hours) 2. Reinspec[ion fe~s assessed under provisions of Section 108.$ ............................................. 5~.2.00 per hour" 3. Inspections for which no fee is specifically indicated ............................. ,542.00 per hour~ (minimum charge.---one.half hour/ 4. Additional plan review required by change~, additions or revisions to plans ................................... . .................... S~2.00 per hour' (minimum chm'ge--one-half hour) 5. For use ofoutsi~e consultants for plan checking and inspections, or both ......................................................... Actual co,t,'" *Or the total houri.,.' cost [o the jurisdiction, whichever ~s [he greatest. Thi~ cost shall include supe~'ision, o'.er.head. equipment, houri.,,' wages and fringe ~nefits of the employ'ecs involved. '*Actual costs include administrative and overhead costs.. 1-11 CITY COUNCIL LETTER Meeting of :November 23rd, 1998 AGENDA SECTION: BID CONSII)ERATION ORIGINATING DEPT.: CITY MANAGER NO: Q General Governme~nt~~ APPROVAL ITEM: Telephone System Consultants-- BY: WILLIAM ELRITE BY: NO: "~ ,- ,~,- ~ DATE: November 13th, 1998 DATE: For some time now, the City's Siemens telephone system has been unreliable and required constant repairs to be kept in an operating fashion. There has been only one vendor who will do the repairs for the system due to its obsolescence, and even they admit it is a losing battle. The technology behind the Siemens system is antiquated and not year 2000 compliant, so some form of a new system will need to be implemented before then. To this end, a proposal to research solutions for a new system was presented to the Telecommunications Commission at their meeting of July 16, 1998. The Commission passed a motion to recommend the City Council authorize staff to seek proposals for a consultant to write a Request For Proposal for a new telephone system. Monies for such a consultant would be appropriated from the Cable fund balance. Subsequently, at the City Council meeting of September 15, 1998, Council approved staff to obtain bids from consultants for such work. Staff has since conducted interviews with consultants and received formal bids from them. Staff contacted numerous consultants. Both Eastman, Morley & Krenik Ltd and ESI Communications declined to bid. Elert and Associates bid the project at $11,500, Epic Consulting bid the project at $19,800 and Haigh, Todd & Associates bid the project at $22,450. Copies of the bids can be viewed at the Finance Department. Staff is recommending that the City hire Elert & Associates, based on their low bid, good references and the fact that they have a great deal of experience with governmental entities. Staff feels that their experience with governmental institutions will be invaluable in £mding an economically feasible solution for the City of Columbia Heights. At their meeting of November 19, 1998, the Telecommunications Commission reviewed the proposals received by staff, and passed a motion recommending that the City Council choose between Etert and Associates as a consultant or the Centrex System after more detailed information is provided regarding specific costs and time frame constrictions. See attached memo for a summary of Centrex. See attached memo on staff's response to the Telecommunications Commission's concerns and recommendation. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Elert & Associates for consulting work to include determining specifications for a new telephone system for the City and writing a Request For Proposal to vendors for such a system per their proposal at a cost of$11,500. COUNCIL ACTION: BID COMPARISON OF TELEPHONE SYSTEM CONSULTANTS Consultants Phase I - Needs Phase II - Acquisition Total Assessment & RFP & Implementation Eastman, n/a n/a Declined to Morley & bid Krenik Ltd Elert & $9,100 $2,400 $11,500 ' Associates Epic $14,500 $5,300 $19,800 Consulting ESI Corem n/a n/a Declined to bid. Haigh, Todd & $13,850 $8,600 $22,450 Associates CITY OF COLUMBIA I-[EIGHTS Summary of Centrex: Customer database creation and installation $10,000.00 Monthly charge / line $14.00 Currently between City Hall, Public Works, Library and Murzyn Hall - 160 Extensions. With Centrex that would be 160 lines at 2,240 / mo or 26,880 / yr. Centrex base package includes: Touch tone dialing, Toll restriction, Three way calling, Consultation hold, Call transfer, Call forwarding variable/don't answer/busy, Call waiting terminating/originating, Call pickup, Call hold, Directed call pickup, Speed calling 6 number, Speed calling 30 number, Automatic call back, Hunting Options Monthly Rates / line Voice-mail $5.00 Call Rejection $4.50 Caller ID Number $7.50 Name & Number $7.95 Continuous Redial $3.50 Priority Call $3.50 Selective Call Forwarding $3.50 We will need to change our phone number. Long distance service is included at $0.096 per minute. Call detail itemized by the telephone number or ID code. One invoice for long distance and local service. Benefits to Centrex: We could additionally add to Centrex, our Liquor stores, Pay phones and ParkView Villa, thus reducing overall costs at those locations. Maintenance is no longer our responsibility. Disadvantages to Centrex: Any changes to setup will cost. Not a very robust system, but may be adequate. Options can drive the overall cost up. Additional internal installation costs for rewiring our Panasonic KSU's (Cost unknown) This does not provide us with high speed digital lines for an internet solution. If we purchase a PBX, we would be bringing in high speed digital lines for the voice system and those could be shared for internet access. CITY OF COLUMBIA HEIGHTS DATE: NOVEMBER 20, 1998 TO: FROM: MEMO TO TELEPHONE CONSULTANT COUNCIL LETTER WILLIAM ELRITE, FINANCE DIRECTOR ED O'DONNELL, MIS COORDINATOR ALEX EDWARDS, MIS COORDINATOR TELECOMMUNICATIONS COMMISSION REVIEW OF TELEPHONE CONSULTANT PROPOSAL Staff concurs with the input from the Telecommunications Commission. On the surface, Centrex appears to be a viable alternative to purchasing a stand alone PBX-type telephone system. The State of Minnesota is currently utilizing the Centrex system, and we could tie in with their system at the same rates the State is receiving. Although we would be tied in with the State system, we would be entirely independent. Centrex is a service that is provided by US West whereby the client has virtually no PBX or switching equipment. All of this is done at US West and direct lines from US West run to each of the telephones in the end user's system. Being tied in with the State only gives us the State pricing on the Centrex system. Although a viable alternative, on preliminary review it appeared to be more costly than a stand alone system. However, as there are several possible alternate configurations with the Centrex system that could utilize some of the City's current telephones and some of the current switching equipment, it is feasible that the long-term costs of Centrex could be greatly reduced. It is therefore staff's recommendation that we contract with Elert & Associates to evaluate the City's needs and to prepare an overall recommendation. Their evaluation will include Centrex and other systems to give us a true picture of the economical alternatives and the best long-range, cost effective solution for the City. Staff could do parts of this evaluation without a consultant; however, we do not have the internal expertise to complete a detailed evaluation of the various alternatives and options that are available. Elert & Associates by far appears to be the best choice as not only was their proposal the lowest in cost, but they have the most extensive background in dealing with governmental customers. Staff will be available at the Council meeting to answer additional questions or comments on this item. WE:dn 9811202 -',~-: CITY COUNCIL LETI'~R "* Meetin~ of: November 23, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: Q Commurdt~ Development APPROVAL ITEM: Conditional Use Permit BY: Joe Hollmar~/~ BY: NO: Case #9811-47,1400 49~' Ave. NE tT'~'l DATE: Novembe~l~i1998 Issue Statement: Independent School District #13 requests a Conditional Use Permit to allow the construction of an addition onto the High School, located at 1400 49m Avenue NE. The addition will house the Family Center which is currently located in the Columbia Heights Mall. Services provided in this facility will include Early Childhood Family Education, Way to Grow, Learning Readiness, Preschool Program, Early Childhood Special Education, Adventure Club - Kindergarten, T.Y.K.E., and Headstart. Please see attachments for a description of these services. The addition will be roughly 19,450 square feet. Back~round: Staff conducted research regarding the issue of the use of the new facility for the Family Center. Based on that research, it is Staff's opinion that the proposed facility can be processed as a Conditional Use Permit, and that the proposed uses of the addition for preschool, early childhood, T.Y. ICE., Headstart, etc. are considered accessory to the principal use of the property and are permitted provided licensing requirements are met. Analysis: The proposed addition meets the minimum requirements of the Zoning Ordinance. Staff had some concerns regarding the design of the traffic circulation system. As a result, it is recommended that the drive aisles be widened to accommodate a 20 foot wide f'u'e lane and an area 12 feet in width be marked for school bus loading and unloading. Another recommendation was that a constant perimeter curb and gutter be provided around existing parking lots. Note that the Zoning Ordinance requires that parking lots provide a bumper curb around the perimeter of the lot. A School District representative questioned whether the existing parking lots would be "granclfathered". It is staff's opinion that the nonconforming parking lots are not "grand.fathered", and that the Conditional Use Permit process is the time to bring the property into compliance. Note that other projects in the City (i.e., Papa John's at 5098 Central Avenue and Subway/TCBY at 4757 Central Avenue) were required to provide constant perimeter curb. Should it be determined that constant perimeter curb should not be required, staff recommends that a variance from this provision be requested. · Pleasefind the following information attached: Staff Report; Completed application form; Narrative describing use; 1994 letters regarding T.Y.K.E. Program; Site Plan; and, Public Notice. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on November 10, 1998. They voted to recommend City Council approval of the Conditional Use Permit, subject to the five conditions listed in the recommended motion. They also voted to approve the site plan subject to final review and approval by staff. Recommended Motion: Move to approve the Conditional Use Permit for the Family Center addition to the High School at 1400 49~' Avenue NE, subject to the following conditions: 1. All required state and local codes, permits and inspections will be met and in full compliance. 2. All loading and unloading areas along with circulation routes shall be clearly marked. 3. The existing parking lots shall be brought into compliance with the Zoning Ordinance, and parking stalls and circulation routes shall be clearly marked in accordance with a plan reviewed and approved by Staff. 4. All fire lanes on the site shall be brought into compliance, and a revised site plan shall be submitted for final review and approval by Staff. 5. Drainage and grading plans will need to be reviewed and approved by the Public Works Department prior to the issuance of any building permits. COUNCIL ACTION: Case: 9811-47 Page: 1 Case #: Owner: Address: Phone: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE NOVEMBER 10, 1998 PUBLIC HEARING 9811-47 Independent School District 13 1400 49t~ Ave. NE 586-4525 Parcel Address: 1400 49~ Avenue NE Zoning: R- 1 Single Family Residential Comprehensive Plan: School Property GENERAL INFORMATION Applicant: Ind. School District 13 140049~Ave. NE 586-4525 Surrounding Zoning and Land Uses: Zoning North: R-1 South: R-3 and R-2 East: R-1 West: R-2 and R-1 Land Use North: Parking Lot for School South: Residential East: Minn. Waterworks / Residential West: Residential BACKGROUND Explanation of Request: Independent School District #13 requests a Conditional Use Permit and site plan review for the construction of an addition onto the High School, located at 1400 49~ Avenue NE. The addition will house the Family Center which is currently located in the Columbia Heights Mall. Services provided in this facility will include Early Childhood Family Education, Way to Grow, Learning Readiness, Preschool Program, Early Childhood Special Education, Adventure Club - Kindergarten, T.Y.K.E., and Headstart. Please see attachments for a description of these services. The addition will be roughly 19,450 square feet. Case History: The school district was granted a Conditional Use Permit by the City Council in April, 1998, for the construction of two additions onto the Elementary School for a band room and media center. Case: 9811-47 Page: 2 ANALYSIS Surrounding Property: The area to the north of the subject property is zoned R- 1 Single Family Residential and is used for a parking lot for the schools. Further north beyond the parking lot are single fam/ly residences and Mathalre Park. Approximately half of the adjacent property to the east is zoned R- 1 Single Family Residential and is used as such and the south half of the adjacent property to the east is Minneapolis Waterworks. Property on the south is zoned and used for both single and multi- family residential purposes. The area on the subject property to the west of the High School is used for the football field. The property west of the subject property is zoned both R-1 Single Family Residential and R-2 Two Family Residential and is used residentially. Technical Review: Section 9.107(2)(e) of the Zoning Ordinance states that public and private schools shall be used in accord with an approved Conditional Use Permit. Section 9.105(5)(f) of the Zoning Ordinance states, that changes to an approved Conditional Use Permit involving structural alterations or enlargements shall require a new application. As a result of these requirements the need for a. Conditional Use Permit was determined. Staff conducted research regarding the issue of the use of the new facility for the Family Center. Based on that research Staff offers the comments listed below. 1. The R-1 District section does not have provisions for the type of use proposed for the addition. However, "Day Nursery" is allowed as a Conditional Use Permit in the R-2 and R-3 districts, and "Day Care Centers" are allowed as a Conditional Use Permit in the LB, CBD, RB, and GB districts. 2. Day Nursery is defined as: "A use where care is provided for pay for three or more children under kindergarten age for periods of four hours or more per day." Day Care Center is not defined. 3. The Ordinance does not adequately cover the types of uses proposed for the addition at the school. It is the opinion of the City Planner that the services described for the school addition are neither a Day Nursery nor a Day Care Center. The Ordinance defines Accessory Building as: "A building or structure or portion of a structure subordinate to and serving the principal structure on the same lot." Accessory Use is defined as: "A use which is reasonably necessary and incidental to the conduct of the pr/mary use of the main building or buildings." A case can be made that the proposed services are accessory to and incidental to the primary use of the property which is the elementary and high school. There is a letter on file dated August 5, 1994, to the City of Columbia Heights from George Riedl with the Department of HumanServices (see attached). In summary, th.is letter stated that the Department of Human Services received a license application for T.Y.ICE. to provide day care for 12 children, and that issuance of the license is subject to Statute Sections 245A. 11 and 245A. 14. There is a letter on file dated August 18, 1994, to Mr. Riedt from Evelyn Nygaard, the o Case: 98 t 1-47 Page: 3 City Building Official (see attached). In summary, this letter stated that the mandatory 30 day waiting period for the T.Y.K.E. program was waived, and that zoning and building requirements were approved for child care. Considering the inadequacies of the Zoning Ordinance in addressing the proposed services along with the determination made in 1994, k is Staff's opinion that the proposed facitity can be processed as a Conditional Use Permit. Also, the proposed uses of the addition for preschool, early childhood, T.Y.K.E., Headstart, etc. are considered accessory to the principal use of the property and are permitted provided licensing requirements are met. Section 9.107(2)(e) of the Zoning Ordinance stipulates that no public school building shall be located less than 40 feet from an abutting lot in a "R" district and a fence shall be erected along the boundary line which is common with private property. The existing buildings and proposed addition are more than 40 feet from abutting "R" district lots and there is an existing fence around the property. Note that this fence is topped with barbed wire which according to Section 6.403(1) is permitted in Industrial districts and upon property used for public purposes. Other requirements are as follows: · Minimum lot area shall be 8,400 square feet - the property exceeds this requirement; · Minimum lot width shall be 70 feet - the property meets tiffs requirement; · Minimum front yard shall be 25 feet - the proposal meets tkis requirement; · Minimum side yard shall be 10 feet - the proposal meets this requirement; · Minimum rear yard shall be 30 feet - the proposal meets tkis requirement; · No structure or building shall exceed 3 stories or 35 feet in height, whichever is lesser - the proposal will meet this requirement; The Zoning Ordinance does not specifically address parking requirements for the proposed use, so the most closely related requirements will be applied, which in this case appears to be an elementary school which requires at least one parking space for each class room plus one additional space for each 300 student capac:.ty. According to the proposed floor plax,,, there will be 10 classrooms which will require 10 additional parking spaces. Based on the approx/rnate number of students, another 1 parking space would be required. Also, the new facility will contain a community room for school board meetings and other community activities. The Ordinance is silent on parking requirements for this type of use, so parking requirements need to based on similar type uses. Using the requirement of 1 space for each 200 square feet of floor area which is the requirement used for offices and retail space, 9 parking spaces will be required. The site plan indicates that 21 new parking spaces including 3 handicap accessible spaces will be added off the northeast comer of the new addition and another 17 spaces will be added along the east side of the center island. The new parking proposed on the site exceeds the m/nimum number required. The site will continue to utili~.e the existing ingress/egress routes. The site plan indicates that there will be roughly 23-24 feet between park/ng spaces in the new parking lot which will provide Case: 981147 ?age: 4 adequate space for circulation. of the lot. There is also a space for vehicle turn-around at the southern end Most of the traffic generated by the new facility will be parents driving in and dropping off the/r children. Vehicles will circulate around the small island in a 20 foot wide aisle and pull alongside the curb for drop-off and pick-up. There is some concern that this will cause congestion it' parents are dropping off or picking up their children at the same time as the start or end of the school day. However, according to the information provided with the application, most of the programs start and end at different times which will alleviate many of the concerns about congestion. Also, the amount of traffic generated by this addition should not have a detrimental impact on the surrounding transportation system. There w/il be approximately 26 feet between the 19 parking spaces along the western edge of the island and the curb of that drive aisle. Note that school buses use this area for loading and unloa.ding. Loading berths are required to be at least 12 feet in width. Staff will recommend as a condition of approval that 'the area for s:hool bus loading and unloading be clearly marked on ~he pavement. This will leave an approximately 14 foot wide drive aisle between the parking spaces and loading area which is sufficient for this type of parking design. The drive aisle east of the island w/.l.l be roughly 20 feet wide. One concern is that these aisles will double as fire lanes. The requked width of a £n:e lane is a m/nimum of 20 feet, so the 14 foot lane is not adequate. The lane on the east side of the island is currently 20 feet wide. However, should the student population grow enough in the future to necessitate additional buses, this area may be used for loading and unloading. As a result, Staff recommends that both the ingress and egress drive aisles be widened to accommodate bus loading (required to be 12 feet wide), fire lane (required to be 20 feet wide), and diagonal parking. As a condition of approval, staff will recommend that all fire lanes on the property be brought into compliance. Along with widening the lanes, staff recommends that the curb island be reshaped to separate the parking spaces from the drive aisle. Also, it is likely that a separate fire lane will need to be provided on the south side of the property to ensure the necessary access to al/portions of the building. Note that the Fire Inspector will need additional information before determining whether this fire lane will be necessary. According to the Fire Inspector, if the current fire hydrant at the rear of the High School is tested and water flow verified and ff the addition is fully fire sprinklered, additional fire hydrants will not be required. All open off-street parking areas shall provide a bumper curb of 5-7 inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. Note that curb and gutter along the parking spaces and drive aisles is proposed to match into the existing curb and gutter. One concern that staff has is that the parking lots on the north side of 49~ Avenue do not meet this requirement. Staff would recommend as a condition of approval that curb and gutter be provided around these lots. Note that the surface of these lots seem to be in adequate condition, and the layout appears to meet minimum Ordinance Case: 981147 Page: 5 requirements. Staff also recommends that the lots be restriped and the circulation routes be clearly marked on the pavement in accordance with a plan approved by staff. The site plan does not indicate any specific areas for snow storage. The Zoning Ordinance does not contain specific size or area requirements for snow storage, but it appears that the site contains enough space for snow storage. The Public Works Department has some concerns regarding storm water drainage on the site. Drainage and grading plans will need to be submitted and reviewed by Public Works prior to the issuance of any building permits. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for the Columbia Heights High School and Highland Elementary School. One of the goals of the Plan is to: "Maintain a strong sense of cornn?.unity in Columbia Heights by attracting and retaining young famil/es and c. ouples." The addition of the proposed Family Center to the High School will be an attractive amenity for yo.ung families looking to relocate to or remain in Columbia Heights. The proposal is consistent wkh the Comprehensive Plan. The positive aspects of this proposal are as follows: 1. The new facility will enhance valuable services provided in the community. 2. The proposed addkion complies with the Columbia Heights Zoning Ordinance, and is consistent with the City Comprehensive Plan. 3. Provided the required fire lanes and parking areas be brought into compliance, the development will improve the safety of the site. The negative aspects of this proposal are as follows: 1. There do not appear to be any negative aspects to the proposal. CONCLUSION S ra~ R e commendarion: Staff recommends approval of the site plan subject to final review and approval by Staff, particularly Fire Department. Staff also recommends approval of the Conditional Use Permit, subject to the following conditions: 1. All required state and local codes, permits and inspections will be met and in full compliance. 2. All loading and unloading areas along with circulation routes shall be clearly marked. 3. The existing parking lots shall be brought into compliance with the Zoning Ordinance, and parking stalls and circulation routes shall be clearly marked in accordance with a plan reviewed and approved by Staff. 4. All fire lanes on the site shall be brought into compliance, and a revised site plan shall be Case: 9811-47 Page: 6 submitted for final review and approval by Staff. 5. Drainage and grading plans will need to be reviewed and approved by the Public Works Department prior to the issuance of any building permits. Recommended Motion: Move to approve the site plan, subject to f'mal review and approval by Staff. Move to recommend City Council approval of the Conditional Use Permit for the Family Center addkion to the High School at 1400 49t~ Avenue NE, subject to the following conditions: 1. All required state and local codes, permits and inspections will be met and in full compliance. 2. All loading and unloading areas along with circulation routes shall be clearly marked. 3. The existing parking lots shall be brought into compliance with the Zoning Ordinance, and parking stalls and circulation routes shall be clearly marked in accordance with a plan reviewed and approved by Staff. 4. All fire lanes on the site shall be brought into compliance, and a revised Kite plan shall be submitted for final review and approval by Staff. Dra/nage and grading plans will need to be reviewed and approved by the Public Works Department prior to the issuance of any building permits Attachments: · Completed application form; Narrative describing use; 1994 letters regarding T.Y.K.E. Program; Site Plan; and, Public Notice. ApDiica:ion For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Sire Plan Approval Other X CITY OF COLUMBIA HEIGHTS RECEIVED OCT 2 2 1998 COMMUNITY DEVELOPMEN'II App!ica=ion Date: October 23~ 1998 Fee: $270.00 Da:e Paid i. Street Address of Subject Proper:y: 1400 - 49th Avenue NE 2. Legal Description of Subject Proper:y: Southeast of Northwest ~orner, Section 253024 - . Laying south of Mathaire 3. A=D!icant: Name: Dr. David Beh!ow Address: Phone: 1400 - 49th Avenue NE 612-586-4~01 Om-ne r: Name: Independent School District #1~ Address: 1400 49th Avenue NE Phone: 612-586-4505 5. Description of Request: Placement of the new Columbia Heights Family Center on the High School property. Zoning: Applicable City Ordinance Number Present Zoning R-1 Presen= Use Educational 818 Section 9.107(2) Zoning 9.105(5) Conditional Use Proposed Zoning E-1 Proposed Use E~¥cational Reason for Request: Need for a Conditional Use Permit for the new Family Center and approval of 'the Site Plan. 8. ~hibits Submlu%ed (maps, diagrams, etc.) Yes (see attachment) Acknovled~ment and Si;nature: The undersigned hereby represeu:s upon all of :he penai:ies of !aw, for :he pu.~pose of inducing :he Ci:y of Columbia Heights :o rake :he action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the Ci=y of Columbia Heights and %he laws of the State of Minneso:a. Taken By: Col mbia Heights Public Schools Independent School District #13, 1400 49th Avenue N.E., Columbia Heights, Minnesota 55421 Telephone: (612) 586-4505, FAX: (612) 586-4508 David L. Behlow, Ph.D. Superintendent October 21, 1998 Kenneth R. Anderson Community Development Director City of Columbia Heights 590 40~ Avenue NE Columbia Heights, MN 55421 RE: Family Center Conditional Use Permit and Site Plan Approval Dear Mr. Anderson: Attached please £md materials that pertain to the request for a Conditional Use Permit and the Site Plan Approval for the Columbia Heights Family Center to be built onto the Columbia Heights School District Service Center. Please £md in this packet the follow/rig: A) AppLication B) Check for $270.00 for Conditional Use Permit, fding fee and site plan review C) Summary on Family Center programs and numbers D) Building floor plan If we can provide you with further information that will help you approve this project, please feel free to call me at 586-4501. We will be available to attend your zoning commission meeting on November 10 at 7:00 p.m. and the City Council meeting on November 23 to answer any question the Zoning Commission or the City Council may have. Your consideration of this project is very much appreciated and I look forward to hearing from you. DLB/kb ENCL. Sincerely, David L. Behlow Superintendent An Equal Opportunity Employer ~ Family Center Overview ~ The vision for the Family Center addition arose out of many discussions within the District and the Southern Anoka County Community Consortium about the need for child care and support for families and child care providers in our community. The need for programs and services for families and young children being co-located in one building has existed for a long time. Our School District has carefully studied this issue over the last few years and has identified the following issues: Lack of child care and waiting lists for early childhood programs in our community directly influence families placing their children in other school districts. Inability to create visible, consistent and family-friendly programs for o. ur parents as a result of moving early childhood and school age child care programs around our District (from building to building). · Reduction of cross-program communication and program planning because of the separation of the Early Childhood programs. Insufficient Early Childhood program capacity, quality child care and support services for families has a negative effect on children's readiness and ability to succeed in school. We believe that investing our bond referendum and CDBG dollars toward an addition that would function as an Early Childhood Family Center would provide the following community benefits: Increase housing stability and school district enrollment of families with young children Provide a visible, consistent and family-friendly school age child care program, Early Childhood Family Education program, and T.Y.K.E. child care program Create an accessible, farnily-friendly, supportive, comfortable, and cost- effective multi-service center that provides opportunities for educational success in children's lives. The initial programming pla_ns for the Family Center include: · ECFE (Early Childhood Family Education) Program · Preschool Programs (Little Explorers and Little School) · Adventure Club Program (School age child care) · ECSE (Early Childhood Special Education) Program · Way To Grow Program · T.Y.K.E. {Child care program for teen parents who are pursuing their high school education) · Headstart Program · Learning Readiness Program .45A. ~4. .~.; ;-'.~,. The initial programming plans for the Family Center include: · ECFE (Early Childhood Family Education) Program · Preschool Programs (Little Explorers and Little School) · Adventure Club Program (School age child care) · ECSE (Early Childhood Special Education) Program · Way To Grow Program · T.Y.K.E. (Child care program for teen parents who are pursuing their high school education) · Headstart Program · Learning Readiness Program l)~ur Mr. Avenue ~, Cot~ H~h~. On Au~: ~un~, I i~c~d ~u ~i~ =d uppmvud © $- © 80X 6 ENtOIR HIGH SCHOOL 1400 49TH AVENUE NE COLUMBIA HEIGHTS, MN 55421 · · e aL. NEW IKr.. RAC CITY OF COLUMBIA HEIGHTS (8 590 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Madairm Gzurek, Cha£r James Fo~ler John Hunter Gary ?etersen Torn &~msde/l P~ANNING ANO ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, November 10, 1998. The order of business is as follows: A request for site plan review and a Conditional Use Permit to allow the construction of an addition onto the Columbia Heights High School at 1400 N. E. 49t" Avenue. Section 9.107(2)(c) of the Zoning Ordinance requires a Conditional Use Permit for public schools in the R-l, Single Family Residential, Zoning District. Section 9.105(5)(f) of the Zoning Ordinance requires that changes to an approved Condition~i Use Permit involving structural alterations, enlargements, intensification of use, or similar changes not specifically permitted shall require a new application. The proposed addition will house a Family Center that accommodates several services including: Early Childhood Family Education; Preschool Programs; Adventure Club Program; Earty Childhood Special Education; Way to Grow Program; T.Y.K.E.; Headstart; and Learning Readiness Program. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782- 2800, extension 209, to make arrangements. {TDD/782-2806 for deaf or hearing impaired only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE E~ASIS O~ DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPOrtUNITY EMPLOYER MDIUTE. S November 9, 1998 The meeting was called to order at 6:00 p.m. by Vice-Chair, Patricia Sowada. Those present were: Nancy Hoium, Patricia Sowada, Richard Hubbard, Don Jolly, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the October 6t~ meeting as mailed. The Budget Meeting notes were reviewed. No changes or corrections were made. The October 26m , 1998, bill list was reviewed. It was moved, seconded, and passed that they be paid. The November 9m, 1998, bill list was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. Old Business: 1. Long Range Planning packets were tabled to the December meeting. The survey presentation has been tabled to the January meeting. The City has asked for an extension for the Comprehensive Plan until June of 1999. A new character generator has been ordered by the Cable Commission similar to the one that Jeanine and Becky had a demonstration on at City Hall. A budget update was presented. The City Manager has recommended a transfer of $9,600 to the General Fund. The letter that was drafted addressing the concerns of the Board about the possibility of an employee being hired to take care of cleaning services for the City buildings was reviewed. There was considerable discussion about the pros and cons of this proposal. The final inspection of the roof project took place on October 16. A. A ten year warranty on the roof has been received. B. Dalco offers an optional maintenance contract for $250.00 per year which includes 2 inspections per year to see that nothing has happened to compromise the surface of the roof in any way. The City Manager and Bill Holman both thought this would be an excellent idea. Staff would like to start this in January so that it would be a calendar year contract. The shed and the interior stairwell have been painted. Bids have been received for cleaning the HVAC equipment. Mel Collova is investigating bids for the cleaning of this equipment on all City buildings so nothing has been contracted at this time. The Adult Reading Room ceiling will be completed once the HVAC has been cleaned. Froggy Night brochures were shared with the Board. Programs will be held on November 17, 18, and t9, at the library for kindergartners and their parents. The gift that is being given to kindergarten age children through a collaborative grant with Metro North, ISD # 13, ISD # 14, Anoka County Library, and Columbia Heights Public Library was viewed by the Board members. 1. The crossover statistics for September were reviewed. The memo concerning a combined holiday party for all board and commissions was discussed. The Board did not wish to be included in this type of celebration. They chose to use their funds by directing staff to purchase prizes for National Library Week and a small amount to be allocated for treats for their December meeting. DON JOLLY LEFT AT THIS TIME (6:55 P.M.) TO JOIN THE CITY COUNCIL MEETING. One of the pages has resigned effective November 10. Staff is negotiating with the other pages to fill in for the hours that are open. 4. Choreperson applications have closed and interviews are planned for the week of November 16. Patricia Sowada wished to express her delight that staff was present at the Highland Elementary Open House on November 5~. She would like to see the Columbia Heights Public Library be represented every year at the school's open house to promote libraD, services. Marsha has also been doing Froggy Storytimes in the Kindergarten classes this week to promote the library programs taking place on the 17th, 18th, and 19th, everyone is very excited about this type of collaborative endeavor. There being no further business the meeting was adjourned at 7:05 p.m. Respectfully submitted, Jeanine M. Schmidt Secretary to the Library Board of Trustees. The Cid, of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, progra~ns, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all Cio'of Columbia Heights' services, programs, and activities. CiTY OF COLUMBIA HEIGHTS (l") John Hu~ter Gary ?eter~on 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806T~Ram~#e// PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES NOVEMBER 10, 1998 The November 10, 1998 Planning and Zoning Commission meeting was called to order by ChairPerson Szurek at 7:00 p.m. Members present were Hunter, Ramsdell, Fowler, Peterson and Szurek. Aisc present were Joe Hollman (City Planner), Ken Anderson (Director of Community Development), and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Fowler, seconded by Hunter, to approve the minutes from the meeting of October 6, 1998 as presented in writing. Voice Vote: All Ayes. NEW BUSINESS: Public Hearing CUP/Site Plan Review Case #9811-47 Ind. School District 13 1400 N.E. 49t~ Ave. Columbia Heights, Mn. Mr. Hollman presented the request of Independent School District #13 for a Conditional use Permit and Site Plan review for the construction of an addition onto the High School, located at 1400 49'" Avenue NE. The addition will house the Family Center which is currently located in the Columbia Heights Mall. Services provided in this facility will include Early Childhood Family Education, Way to Grow, Learning Readiness, Preschool Program, Early Childhood Special Education, Adventure Club- Kindergarten, T.Y.K.E., and Headstart. The addition will be roughly 19,450 square feet and proposed on the east side of the high school.. He added that prior to this request, the school district was granted a Conditional Use Permit by the City Council in April, 1998, for the construction of two additions onto the Elementary School for a band room and media center. Mr. Hotlman informed the Commission that the area to the north of the subject property is zoned R-1 Single Family Residential and is used for a parking lot for the schools. Further north beyond the parking lot are single family residences and Mathaire Park. Approximately half of the adjacent property to the east is zoned R-1 Single Family Residential and is used as such and the south half of the adjacent property to the east is Minneapolis Waterworks. Property on the south is zoned and used for both single and multi-family residential purposes. The area on the subject property to the west of the High School is used for the football field. The property west of the subject property is zoned both R-1 Single Family Residential and R-2 Two Family Residential and is used residentially. Section 9.107(2)(e) of the Zoning Ordinance states that public and private schools shall be used in accordance with an approved Conditional Use Permit. Section 9.105(5)(f) of the Zoning Ordinance states that changes to an THE CITY OV COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION ~EGULAR MEETING. MINUTES NOVEMBER 10, 1998 PAGE2 approved Conditional Use Permit involving structural alterations or enlargements shall require a new application. As a result of these requirements the need for a Conditional Use Permit was determined. Mr. Hollman stated that Staff has conducted research regarding the issue of the use of the new facility for the Family Center. Based on that research, Mr. Hotlman offered the following comments: The R-1 Section of the Zoning Ordinance does not have provisions for the type of use proposed for the addition. However, "Day Nursery" is allowed as a Conditional Use Permit in the R-2 and R-3 districts, and "Day Care Centers" are allowed as a Conditional Use Permit in the LB, CBD, RB, and G@ districts. Day Nursery is defined as: "A use where care is provided for pay for three or more children under kindergarten age for periods of four hours or more per day." Day Care Center is not defined. The Ordinance does not adequately cover the types of uses pr~oposed for the addition at the school. It is the opinion of the City'Planner that th~ services described for the school addition are ~either a Day Nur. sery nor a Day Care Center. The Ordinance defines an Accessory Buildin§ as: "A building or structure or portion of a structure subordinate to and serving the principal structure on the same lot." Accessory Use is defined as: "A use which is reasonably necessary and incidental to the conduct of the primary use of the main building or buildings." o A case can be made that the proposed services are accessory to and incidental to the primary use of the property which is the elementary and high school. There is a letter on file dated August 5, 1994, to the City of Columbia Heights from George Riedl with the Department of Human Services (see attached). In summary, this letter stated that the Department of Human Services received a license application for T.Y.K.E. to provide day care for 12 children, and that issuance of the license is subject to Statute Sections 245A.11 and 245A.14. There is a letter on file dated August 18, 1994, to Mr. Riedl from Evelyn Nygaard, the City Building Official (see attached). In summary, this letter stated that the mandatory 30 day waiting period for the T.Y.K.E. program was waived, and that zoning and building requirements were approved for child care. Mr. Hollmen stated that considering the inadequacies of the Zoning Ordinance in addressing the proposed services along with the determination made in 1994, it is Staff's opinion that the proposed facility can be processed as a Conditional Use Permit. Aisc, the proposed uses of the addition for preschool, early childhood, T.Y.K.E., Headstart, etc. are considered accessory to the principal usa of the property and are permitted provided licensing requirements are met. PLANNING AND ZONING COMIVII$$10N NOVEMBER 10, 1998 PAGE 2 Section §.107(2)(e) of the Zoning Ordinance stipulates that no public school building shall be located less than 40 feet from an abutting lot in a "R" district and a fence shall be erected along the boundary line which is common with private property. He stated that the existing buildings and proposed addition are more than 40 feet from abutting "R" district lots with an existing fence around the property. He noted that this fence is topped with barbed wire which, according to Section 6.403(1), is permitted in Industrial districts and upon property used for public purposes adding that other requirements are as follows: Minimum lot area shall be 8,400 square feet. He stated that the property exceeds this requirement; Minimum lot width shall be 70 feet. He stated that the property meets this requirement; Minimum front yard shall be 25 feet. He stated that the proposal meets this requirement; Minimum side yard shall be 10 feet. He stated that the proposal meets this requirement; Minimum rear yard shall be 30 feet. He stated that the proposal meets this requirement; No structure or building shall exceed three stories or 35 feet in height, whichever is lesser. He stated that the proposal will meet this requirement; Mr. Hollman informed the Commission that the Zoning Ordinance does not specifically address parking requirements for the proposed use, so the most closely related requirements will be applied, which in this case appears to be an elementary school which requires at least one parking space for each class room plus one additional space for each 300 student capacity. According to the proposed floor plan, there will be ten (10) classrooms which will require ten (10) additional parking spaces. Based on the approximate number of students, another one (1) parking space would be required. He added that the new facility will contain a community room for school board meetings and other community activities. The Ordinance is silent on parking requirements for this type of use, so parking requirements need to be based on similar type uses. He explained that using the requirement of one (1) space for each 200 square feet of floor area which is the requirement used for offices and retail space, nine (9) parking spaces will be required. The site plan indicates that 21 new parking spaces including three (3) handicap accessible spaces will be added off the northeast corner of the new addition and another 17 spaces will be added along the east side of the center island. The new parking proposed on the site exceeds the minimum number required. Mr. Hollman stated that the site will continue to utilize the existing ingress/egress routes. The site plan indicates that there will be roughly 23 to 24 feet between parking spaces in the new parking lot which will provide adequate space for circulation. There is also a space for vehicle turn-around at the southern end of the lot. He explained that most of the traffic generated by the new facility will be parents driving in and dropping off their children. Vehicles will circulate around the small island in a 20 foot wide aisle and pull alongside the curb for drop- off and pick-up. There is some concern that this will cause congestion if parents are dropping off or picking up their children at the same time as the start or end of the school day. However, according to the information provided with the application, most of the programs start and end at different times which will alleviate many of the concerns about congestion. It was his opinion that the amount of. traffic generated by this addition should not have a detrimental impact on the surrounding transportation system. PLANNING AND ZONING COMMISSION NOVEMBER 10, 1998 PAGE4 Mr. Hollman stated that there will be approximately 26 feet between the 19 parking spaces along the western edge of the island and the curb of that drive aisle. He noted that school buses use this area for loading and unloading. Loading berths are required to be at least 12 feet in width. He indicated that Staff will recommend as a condition of approval that the area for school bus loading and unloading be clearly marked on the pavement. This will leave an approximately 14 foot wide drive aisle between the parking spaces and loading area which is sufficient for this type of parking design. The drive aisle east of the island will be roughly 20 feet wide. Mr. Hollman informed the Commission that one concern is that these aisles will double as fire lanes. The required width of a fire lane is a minimum of 20 feet, rendering the 14 foot wide proposed lane inadequate. The lane on the east side of the island is currently 20 feet wide. However, should the student population grow enough in the future to necessitate additional buses, Mr. Hollman stated that this area may be used for loading and unloading. As a result, Staff recommends that both the ingress and egress drive aisles be widened to accommodate bus loading (requir.ed to be 12 feet wide), fire lane (required to be 20 feet wide), and diagonal parking. He stated that as a condition of approval, staff is recommending that ali fire lanes on the property be brought into compliance. AIo.ng with widening the lanes, staff recommends that the curb island be reshaped to separate the parking spaces from the drive aisle. He added that it is likely that a separate fire lane will need To be provided on the south side of the property to ensure the necessary access to all portions of the building noting that tho Fire Inspector will need additional information before determining whether this fire lane will be necessary. Mr. Hollman stated that according to the Fire Inspector, if the current fire hydrant at the rear of the High School is tested and water flow is verified and if the addition is fully fire sprinklered, additional fire hydrants will not be required. Mr. Hollman stated that all open off-street parking areas shall provide a bumper curb of five to seven inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. He noted that curb and gutter along the parking spaces and drive aisles is proposed to match into the existing curb and gutter. He added that one concern staff has is that the parking lots on the north side of 49th Avenue do not meet this requirement. Staff would recommend, as a condition of approval, that curb and gutter be provided around these lots. He stated that the surface of these lots seems to be in adequate condition, and the layout appears to meet minimum Ordinance requirements. Staff also recommends that the lots be restriped and the circulation routes be clearly marked on the pavement in accordance with a plan approved by staff. Mr. Hollman informed the Commission that the site plan does not indicate any specific areas for snow storage. The Zoning Ordinance does not contain specific size or area requirements for snow storage, but it appears that the site contains enough space for snow storage. He added that the Public Works Department has some concerns regarding storm water drainage on the site. Drainage and grading plans will need to be submitted and reviewed by Public Works prior to the issuance of any building permits. Mr. Hollman stated that the City Comprehensive Plan designates this area for the Columbia Heights High School and Highland Elementary School. One of the goals of the Plan is to: "Maintain a strong sense of community in Columbia PLANNING AND ZONING COMMISSION R£GULAR MEETlt~G. MINUTES NOVEMBER 10, 1998 PAGE 5 Heights by attracting and retaining young families and couples." He felt that the addition of the proposed Family Center to the High School will be an attractive amenity for young families looking to relocate to or remain in Columbia Heights. He added that the proposal is consistent with the Comprehensive Plan. Commissioner Fowler asked if the Castle Heights playground woutd be disturbed in any way by this development. Staff replied that it would not be disturbed. Council Representative Peterson asked how much of the island area in width would be left after moving the parking spaces. Mr. Hollman replied that approximately 25 to 30 feet in width would remain. Commissioner Hunter asked if when loading buses, are the buses ever double parked? David Behlow, Superintendent of School District 13 replied that due to safety reasons, buses are not double parked when loading and unloading. Mr. Be.blow thanked the Commission for their time in reviewing this proposal. He expressed concern over th~, requirement for curb and gutter' around the existing parking lot north of 49~h Avenue. The cost to provide the cu.rb and gutter was his concern. Director Anderson stated that the Zoning Ordinance does require that the property be brought into conformance when a Conditional Use Permit is granted. In this case with the proposed addition, perimeter curbs are needed. He informed the Commission and the representatives of the School District that if the Commission would agree to allow the parking lot in question to remain as is, a variance would be necessary. He added that there is an aesthetic reason to provide continuous perimeter curb with gutters rather than bumper curbs that can be moved around by vehicles. Chairperson Szurek opened the public hearing. The public hearing was closed as no one was present to speak regarding this case. Motion by Peterson, seconded by Hunter, to approve the site plan, subject to final review and approval by Staff. Voice Vote: All Ayes. Motion passed. Motion by Peterson, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit for the Family Center addition to the High School at 1400 49t~ Avenue NE, subject to the following conditions: 1. All required state and local codes, permits and inspections will be met and in full compliance. 2. All loading and unloading areas along with circulation routes shall be clearly marked. 3. The existing parking lots shall be brought into compliance with the Zoning Ordinance, and parking stalls and circulation routes shall be clearly marked in accordance with a plan reviewed and approved by Staff. All fire lanes on the site shall be brought into compliance, and a revised site plan shall be submitted for final review and approval by Staff. Drainage and grading plans will need to be reviewed and approved by the Public Works Department prior to the issuance of any building permits PLANNING AND ZONING COMMISSION ~,¢_~L(L~,~, ~l~'~/~ - 'NOVEMBER 10, 1998 PAGE 6 Commissioner Ramsdell requested a roll call vote. Roll Call Vote: Hunter- Aye; Ramsdell - Abstained as he was late for meeting and was not present for the presentation; Fowler- Aye; Peterson - Aye; Szurek - Aye. Motion passed. **THIS ITEM TO APPEAR ON THE NOVEMBER 23, 1998 CITY COUNCIL AGENDA. Public Hearing Appeal Case #9811-48 Anthony Palumbo 2222 N.E. 45~h Avenue Columbia Heights, Mn. Mr. Hollman presented the request of Anthony Palumbo for an appeal from the hard surface pa~king requirement of the Housing Maintenance Ordinance. Section 5A.208(1)(h) of Ordinance 1281 requires that: "Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas, all parking stalls and driveways with dccess to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1997." He added that Ordinance #1348 extended this date to July 1, 1998. Mr. Hollman explained that this application was flied in June for the July meeting. At that time staff requested and received permission from the applicants to delay the hearing until certain issues with the Ordinance were researched and clarified. Staff anticipated having the hearing during the October 6, 1998 Planning and Zoning Commission meeting. However, at that time, the application was unintentionally omitted from the agenda. He informed the Commission that the surrounding property on the south, east and west is zoned R-t Single Family Residential and the property to the north is zoned R-2 Two Family Residential. The adjacent property on the north, east and west is used residentially while there is a vacant land.locked parcel to the south. Mr. Hollman explained that the Housing Maintenance Ordinance allows for appeals of the Code in accordance with Section 9.105. Aisc, hardship criteria contained in Section 9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to vary from the requirements. Section 9.105(3)(d) states the following pertaining to review of an appeal or variance request: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of tot or whereby reason of exceptional topography, soil conditions, tree number or location or water conditions, the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In this instance, he stated that the hardship criteria are being applied to a request for an appeal and not a variance. In order for an appeal to be granted, hardship needs to be established. He directed the Commission's attention to the attached narrative from the applicant which provides a detailed explanation of hardship on the property. Essentially, the driveway has a significant drop in topography and curves PLANNING AND ZONING COMMISSION ~c,,..~L~, ~rc_.ETING - M~,NUTES NOVEMBER 10, 1998 PAGE 7 around the house into a tuck-under garage facing the rear of the property. One of the concerns is that when the driveway becomes covered with ice or snow, a paved or concrete surface would become dangerously slick whereas Class 5 aggregate would provide additional traction. Mr. Hollman stated that Staff has visited the site and the topography of the lot does appear to create a significant hardship. Mr. Hollman directed the Commission's attention to a memo from the Assistant Fire Chief which provides the Fire Department recommendation for this request noting that the Fire Department is charged with the enforcement of this Ordinance. The Fire Department recommendation is "that Mr. Palumbo and Ms. Brown hard surface the driveway from the south end of the curb line (Point A on their map) to a point where the slope of the driveway begins to drop in elevation (approximately Point B on their map)." That recommendation is based on three items stated as follows: The intent of the provision of the Ordinance is to reduce tha amount of silt, sand and r. ocks which ran to the storm sewer system in an effort to increase the water flow through the storm sewer system. By hard- surfacing the portion of the driveway closest to the street, this intent is maintained. After viewing the property, the safety concerns which Mr. Patumbo raises regarding the slope of the driveway appear to be valid. The traction provided by the Class 5 aggregate would be important, at least in the winter months. Mr. Palumbo also makes the statement that hard-surfacing the portions of the driveway underneath the cantilevered deck would be unduly burdensome. We did not specifically consider this argument in making our recommendation, however the solution we propose would avoid the costly hand.laid work Mr. Palumbo refers to which would reduce costs per square foot to a more palatable range. Mr. Hoilman noted that the applicant has expressed, in a conversation with staff, that they are not interested in partially hard-surfacing their driveway due to concerns of the concrete/asphalt breaking up where the hard surface meets the aggregate. Mr. and Mrs. Palumbo were present. Mr. Palumbo debated the strict application of the hard surface requirement as it was his opinion that it would only pertain to rental units. He misunderstood the use of the word "tenant" in the Ordinance. It was the concensus of the Commission that the word "tenant" meant the occupant of the building or dweiling unit whether it is owner occupied or rental. Mr. Palumbo was expressed his concerned about the ability to leave the lower rear portion of his driveway and proceed up the hill to exit the driveway at the front of his lot as a bump created by the end of the gravel area and the start of the hard surfaced area would be a problem. It was also his opinion that the smooth hard surfaced area would cause additional runoff to the lower area and create erosion of the gravel area. Commissioner Szurek stated that it will be necessary that an agreement be reached as to how far into the property the hard surface will be required to prevent debri from entering the storm sewer system. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 10, 1998 PAGE8 Mr. Palumbo stated that he would agree as long as the hard surface area could end on a flat area rather. Discussion followed regarding how far the hard surface area should extend into Mr. Palumbo's property from the curb line. Chair Person Szurek opened the public hearing. The public hearing was closed as no one was present to speak to this issue. Motion by Hunter, seconded by Peterson, to approve the Appeal of Ordinance 1281 for the property at 2222 45~h Avenue NE because topography of the lot creates a hardship, subject to the condition that the portion of the driveway from the existing driveway apron into the lot a distance of twenty (20) feet be hard-surfaced by June 1, 1999. Voice Vote: All Ayes. Motion carried. Ct Public Hearing Appeal Case #9811-49 Warren and Jolene Taylor 4025 Main Street Columbia Heights, Mn. 55421 Mr. Hollman presented the request of Warren and Jolene Taylor for an appeal from the hard surface parking requirement of the Housing Maintenance Ordinance. Section 5A.208(1)(h) of Ordinance 128t requires that: "Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas, all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 19977 He added that Ordinance #1348 extended this date to July 1, 1998. Mr. Hollman informed the Commission that the surrounding property on the north, south, and east is zoned R-2, Two Family Residential, and is used residentially. The property across Main Street to the west is in The City of Fridley and is also used residentially. Mr. Hollman explained that the Housing Maintenance Ordinance allows for appeals of the Code in accordance with Section 9.105 adding that hardship criteria contained in Section 9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to vary from the requirements. Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or whereby reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In this instance, the hardship criteria are being applied to a request for an appeal and not a variance. In order for an appeal to be granted, hardship needs to be established. Mr. Hotlman referred to the attached narrative from the applicant which provides a detailed explanation of hardship on the property. Essentially, the base of the garage is significantly lower than the alley. The applicants did have a PLANNING AND ZONING COMMISSION NOVEMBER lC, 1998 ?AGE9 hard surface driveway years ago, and according to the applicants the hard surfaced driveway caused storm water run-off to go into the garage, flooding the basement. They then removed the asphalt and put in Class 5 aggregate and installed drain grates in front of the garage doors to catch any run-off that did not soak into the driveway. These grates are placed over a dug-out trench and are used to provide a smooth surface to drive over. This system essentially operates as a catch basin, and it appears to have been successful at controlling the flood problems. He directed the Commission's attention to a memo from the Assistant Fire Chief which provides the Fire Department recommendation for this request. He noted that the Fire Department is charged with the enforcement of this Ordinance. The Fire Department recommendation is "that the first eight feet of the driveway, beginning at the alley, be hard surfaced and that the remainder of the driveway be allowed to exist as aggregate." This recommendation was based on the following: The intent of the provision of the Ordinance is to reduce tho amount of silt, sand and rocks which run to the storm sewer system in an effort tc increase the water flow through the storm sewer system. By hard- surfacing the portion of the driveway closest to the street, this intent is maintained. After viewing the property, it was apparent that water had been an issue in the past. The garage entrance is located approximately 6-7 feet in elevation lower than the alley. The Taylors have a drain grate immediately in front of the garage pad which is designed as a collection point for any water which does not soak into the ground elsewhere in the driveway. With the current situation having caused problems in the past, it would not be advisable to reduce the ability of the driveway surface to absorb water. Mr. Hollman stated that Staff had visited the site recently, and the first eight feet of the driveway starting at the alley have already been hard-surfaced which complies with the Fire Department recommendation. Mr. Taylor was present and stated that the alley was built after his driveway and was constructed 11.5 inches higher than his garage floor which caused him considerable problems with water in the garage and in his basement. He removed the hard surface area in front of the garage and added limestone for drainage and installed french drains in front of the garage to eliminate the drainage problem. Commissioner Hunter remembered the situation with the construction of the streets and alley in the area as he was building a house in the area at the time. Chairperson Szurek opened the public hearing. The pubtic hearing was closed as no on was present to speak to this item. l'~otion by Peterson, seconded by Fowler, to approve the Appeal of Ordinance 1281 for 4025 Main Street r~E because topography of the lot creates a hardship. Voice Vote: All Ayes. Motion carried. PLANNING AND ZONING COMMISSION F~EGULAR MEETING- MINUTES NOVEMBER 10, 1998 PAGE 10 Motion by Peterson, seconded by Ramsdell, to adjourn the meeting at 8:25 p.m. Voice Vote: All Ayes. espect fully,~ubmitted, Kathryn Pepin Secretary to the Planning and Zoning Commission kp