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July 27, 1998 Regular
AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, JULY 27,1998 7:00 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 1. CALL TO ORDER/ROLL CALL.(CommencementofCablecastingofRegMtg on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA 4. CONSENT AGENDA Move to adopt the consent aaenda items as listedbelow: a) Adopt Minutes of July 13, 1998 Regular Council Meeting b) Authorize Final Payment for Retaining Wall Construction c) Authorize Final Payment for Joint and Crack Sealing d) Application of One Time Gambling Request by East River Hockey Assn. e) Block Party - 4457 Van Buren f) Block Party - 4101 Washington Street g) Block Party - 4926 Monroe Street h) Block Party - 625 47th Avenue i) Block Party - 4908 6th Street j) Block Party - 2115 Highland Place k) Block Party - 3708 Second Street 1) Block Party - 4058 Quincy Street m) Establish Dates for Council Work Sessions n) Re-Issue Rental Housing License - 1013-1015 43 Y2 Avenue o) Close Hearing - Rental License for 1206-1208 Circle Terrace p) Close Hearing - Rental License for 4544 Madison Street q) Block Party - 4219 4th Street r) Block Party - 1348 Buchanan Place s) Payment of Bills t) License Applications u) Police and Fire Reserve Appreciation Event v) Block Party - 4328 McLeod Street w) Block Party - 1332 45 ~/2 Avenue 5. RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS AND GUESTS A. National Night Out Proclamation B. Newly-hired Employees C. Recognition by Police Dept. - citizen commendations 6. Public Hearings None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Res. 98-60 Revocation of License - 3935 Tyler Street 2) thru 13) Resolutions Revoking Rental Licenses for Property Owned by B. Roman B. Bid Considerations None C. Other Business 1) Library Roof 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager B. Report of the Cit-v Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) June 24, 1998 Park & Rec. Meeting 2) July 7, 1998 P & Z Meeting 3) July 16,1998 Telecommunications Meeting 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOURNMENT Mayor CITY OF COLUMBIA HEIGHTS (}'-) Donald G. Jolly 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806MarlaineSzurek Gary L. Peterxon Robert V~. Ruettirnann ADMINISTRATION City Manager Walter R. Fehst JULY 24, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 27, 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 only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) MOTION: Move to adopt the Consent Agenda items as follows: a) Approval of Council Meeting MinUtes MOTION: Move to approve the minutes of the July i3, 1998 Regular Council Meeting as presented and there were no corrections. b) Authorize Final Pawnent for Retaining Wall Construction MOTION: Move to accept the work for retaining wall construction at 44th Avenue N.E. and 40th Avenue N.E., Municipal Project #9530 and #9606 and authorize final payment of $4,931.42 to Sunram Construction, Inc: of Corcoran, Minnesota. Page 1 COUNCIL AGENDA LETTER JULY 27, 1998 PAGE 2 c) Authorize Final Payment for Joint and Crack Seahng MOTION: Move to accept the work for 1998 pavement joint and crack sealing, Municipal Project #980 lA and authorize final payment of $44,400.00 to Northwest Asphalt Maintenance, Inc. of Goodridge, Minnesota. d) Application for One Time Gamblin~ Request by East River Hockey Association MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the East River Hockey Association at the Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights on August 8 and 9, 1998; and furthermore, that the City Council hereby waives the remainder of the thirty day notice to the local governing body. e) Block Party Request - 4457 Van Buren Street MOTION: Move to approve the request of Tracy Fearon, 4457 Van Buren Street N.E., to block off Van Buren Street between 44m Avenue and 45th Avenue for a block party between 6:00 p.m. and 8:30 p.m. on August 4, 1998. f) Block Party_ Request - 4101 Washin~on Street MOTION: Move to approve the request of Darlene Buboltz for St. Matthew Lutheran Church, 4101 Washington Street N.E. to block off Washington Street N.E. from 41st Avenue to 42nd Avenue from 6:00 p.m. to 9:00 p.m. on Tuesday, August 4, 1998, National Night Out. g) Block Party Request - 4926 Monroe Street MOTION: Move to approve the request of Fred Zajac, 4926 Monroe Street, to block off Monroe Street between 49th and 50th Avenues, 49 1/2 Avenue at Jackson Street between 6:00 p.m. and 8:30 p.m. on August 4, 1998. h) Block Party_ Request - 625 47th Avenue MOTION: Move to approve the request of Ruth Graham, 625 47th Avenue N.E., to block off the cul-de- sac on the top of the hill west from Monroe and 47th Avenue N.E. for a block party between 6:30 p.m. and 9:00 p.m. on August 4, 1998. i) Block Party_ Request - Edwin Eaton, 4908 6th Street MOTION: Move to approve the request of Edwin Eaton, 4908 6th Street N.E. to block off Sixth Street between 49th Avenue and 50th Avenue for a block party between 5:30 p.m. and 8:30 p.m. on August 4, 1998. j) Block Party Request - Kay Mayer. 2115 Highland Place MOTION: Move to approve the request of Kay Mayer, 2115 Highland Place, to block off Highland Place for a block party between 6:30 p.m. and 8:30 p.m. on August 4, 1998. Page 2 COUNCIL AGENDA LETTER JULY 27, 1998 PAGE 3 k) Block Party Request - Kathrvn Bixler, 3708 Second Street MOTION: Move to approve the request ofKathryn Bixler, 3708 Second Street, to block off Second Street from 37th Avenue to 38th Avenue for a block party between 5:00 p.m. and 10:00 p.m. on August 4, 1998. 1) Block Party Request - Lisa Hartwig, 4058 Quincy Street MOTION: Move to approve the request of Lisa Hartwig, 4058 Quincy Street N.E., to block off Quincy Street from 40th Avenue to 41st Avenue for a block party between 6:00 p.m. to 8:30 p..m. on August 4, 1998. m) Establish Dates for Council Work Sessions MOTION: Move to establish Monday, August 17, 1998 at 7:00 p.m. and Monday, August 31, 1998 at 7:00 p.m. as dates and times for Council work sessions. n ) Re-Issue Rental Housing License After Revocation MOTION: Move to issue a rental housing license to Amy Wazwaz to operate the rental property located at 1013-15 43 ½ Avenue in that the provisions of the Housing Maintenance Code have been complied with. o) Close Hearing - Rental License Revocation MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Susan Loewenthal regarding rental property at 1206-1208 Circle Terrace in that the provisions of the Housing Maintenance Code have been complied with. p) Close Hearing ~ Rental License Revocation MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Wilton Smith regarding rental property at 4544 Madison Street in that the provisions of the Housing Maintenance Code have been complied with. q) Block Party Request - Missy Lee, 4219 4th Street MOTION: Move to approve the request of Missy Lee, 4219 Fourth Street to block off Fourth Street between 42nd Avenue and 43rd Avenue for a block party between 6:00 p.m. and 8:30 p.m. on August 4, 1998 r) Block Party Request - Germaine Peterson, 1348 Buchanan Place MOTION: Move to approve the request of Germaine Peterson, 1348 Buchanan Place, to block off Buchanan Place for a block party between 6:00 p.m. and 8:30 p.m. on August 4, 1998. s) Payment of the Bills MOTION: Move to pay the bills as listed out of proper funds. t) Approval of the License Applications MOTION: Move to approve the license applications as listed. Page 3 COUNCIL AGENDA LETTER JULY 27, 1998 PAGE 4 u) Police and Fire Reserve Appreciation Event MOTION: Move to authorize the expenditure of up to $3,360 fi:om the Special Events budget to host an armual appreciation night for the Fire and Police Reserve Units, and that the Mayor and City Manager are authorized to enter into contracts needed for this event. v) Block Party_ Request - Brian Pardum 4328 McLeod Street MOTION: Move to approve the request of Brian Pardun, 4328 McLeod Street N.E., to block o£fMcLeod Street for a block party between 2:00 p.m. and 8:00 p.m. on August 15, 1998. w) Block Party Request - Che _ryt Alonzo, 1332 45 ½ Avenue MOTION: Move to approve the request of Cheryl Alonzo. 1332 45 ½ Avenue, to block off45 ½ Avenue at Fillmore Street, from 6:00 p.m. to 8:30 p.m. for a block party on August 4, 1998. 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A. Proclamation for National Night Out National Night out is Tuesday, August 4, 1998 B. Introductions Terri Kelly, Newly-hired Meter Reader Jill Teetzel, Newly-hire Police Support Services Supervisor C. Recomtition by Police Department - Citizen Commendations 6. PUBLIC HEARINGS NONE 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-60 Being a Resolution Closing Heating and Revoking Rental License Held by Anthony Wilczek for Property at 3935 Tyler Street Northeast MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-60 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Anthony Wilczek regarding rental property at 3935 Tyler Street Northeast. Page 4 COUNCIL, AGENDA LETTER JULY 27, 1998 PAGE 5 2) Resolution No. 98-61 Being a Resolution for Revocation - 5141 Universi _ty Avenue, MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-61 approving revocation pursuant to Ordinance Code Section 5A.408 (1) of the rental license held by Bennie Roman regarding rental property at 5141 University Ave. 3) Resolution No. 98-62 Being a Resolution for Revocation - 5131 Universi _ty Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-62 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 5131 University Avenue. 4) Resolution No. 98-63 Being a Resolution for Revocation - 5121 UniversiW Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-63 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 5121 University Avenue. 5) Resolution No. 98-64 Being a Resolution for Revocation - 4715 University Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-64 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 4715 University Avenue. 6) Resolution No. 98-65 Being a Resolution for Revocation - 4707 University Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-65 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 4707 University Avenue. 7) Resolution No. 98-66 Being a Resolution for Revocation - 4441 UniversiW Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. Page 5 COUNCIL AGENDA LETTER JULY 27, 1998 PAGE 6 MOTION: Move to adopt Resolution No. 98-66 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 4441 University Avenue. 8) Resolution No. 98-67 Being a Resolution for Revocation - 4433 Universi _ty Avenue MOTION: Move to waive the reading o£the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-67 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 4433 University Avenue. 9) Resolution No. 98-68 Being a Resolution for Revocation - 4425 University Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-68 approVing revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 4425 University Avenue. 10) Resolution No. 98-69 Being a Resolution for Revocation - 4120 4th Street MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-69 approving revocation pursuant to Ordinance Code Section 5A.408(1) o£the rental license held by Bennie Rosman regarding rental property at 4120 4th Street. 11) Resolution No. 98-70 Bein~ a Resolution for Revocation - 4100 4th Street MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-70 approving revocation pursuant to Ordinance Code Section 5A.408(1) o£the rental license held by Bennie Rozman regarding rental property at 4100 4th Street. 12) Resolution No. 98-71 Being a Resolution for Revocation - 4060 4th Street MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-71 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Roman regarding rental property at 4060 4th Street. Page 6 COUNCIL AGENDA LETTER JI_TLY 27, 1998 PAGE 7 13) Resolution No. 98-72 Being a Resolution for Revocation - 4050 4th Street MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-72 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 4050 4th Street. B. Bid Considerations NONE C. Other Business 1) Librar~ Roof Project MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Dalco Roof'mg and Sheet Metal, Inc. for the purchase and installation of a roof at the Library for the amount of $86,237 based on their low, formal written bid. MOTION: Move to appropriate and transfer $95,980 fi:om the General Fund undesignated fund balance to the capital improvements general government building fund to cover expenditures related to re-roofing the City's Library; specifically, $86,237 for Dalco Roofing and Sheet Metal, Inc., up to $5,000 for disconnecting and connecting the mechanical systems, and $4,743 for consulting fees to R_HA Architects, Inc. 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) June 24, 1998 Park and Recreation Commission Meeting 2) July 7, 1998 Planning and Zoning Commission Meeting 3) July 16, 1998 Telecommunications Commission Meeting Page 7 COUNCIL AGENDA LETTER JULY 27, 1998 PAGE 8 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 bing discussed.) 11. ADJOURNMENT Walter Fehst, City Manager s Page 8 Mayor OF COLUMBIA HEIGHTS (1--) Donald G. Jolly 590 40th AVENUE N.E., COlUmbia HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806MarlaineSzurek Gary L. Peterson Robert W. Ruettimann ADMINIS TRA TION City Manager Walter R. Fehst JUlY 24, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 27, 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 only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE Fl LES 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items remOved from consent agenda approval will be taken up as next order of business.) MOTION: Move to adopt the Consent Agenda items as follows: a) Approval of Council Meeting Minutes MOTION: Move to approve the minutes of the July 13, 1998 Regular Council Meeting as presented and there were no corrections. b) Authorize Final Pavrnent for Retainin~ Wall Construction MOTION: Move to accept the work for retaining wall construction at 44th Avenue N.E. and 40th Avenue N.E., Municipal Project #9530 and #9606 and authorize final payment of $4,931.42 to Sunram Construction, Inc. of Corcoran, Minnesota. 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 COUNC~ AGENDA LETTER JULY 27, 1998 PAGE 2 c) Authorize Final Payment for Joint and Crack Sealing MOTION: Move to accept the work for 1998 pavement joint and crack sealing, Municipal Project #9801A and authorize final payment of $44,400.00 to Northwest Asphalt Maintenance, Inc. of Goodridge, Minnesota. d) Application for One Time Gambling Request by East River Hockey Association MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the East River Hockey Association at the Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights on August 8 and 9, 1998; and furthermore, that the City Council hereby waives the remainder of the thirty day notice to the local governing body. e) Block Party Request - 4457 Van Buren Street MOTION: Move to approve the request of Tracy Fearon, 4457 Van Buren Street N.E., to block off Van Buren Street between 44th Avenue and 45th Avenue for a block party between 6:00 p.m. and 8:30 p.m. on August 4, 1998. f) Block Party_ Request - 4101 Washington Street MOTION: Move to approve the request of Darlene Buboltz for St. Matthew Lutheran Church, 4101 Washington Street N.E. to block off Washington Street N.E. from 41st Avenue to 42nd Avenue from 6:00 p.m. to 9:00 p.m. on Tuesday, August 4, 1998, National Night Out. g) Block ParW Request - 4926 Monroe Street MOTION: Move to approve the request of Fred Zajac, 4926 Monroe Street, to block off Monroe Street between 49th and 50th Avenues, 49 1/2 Avenue at Jackson Street between 6:00 p.m. and 8:30 p.m. on August 4, 1998. h) Block Party_ Request - 625 47th Avenue MOTION: Move to approve the request of Ruth Graham, 625 47th Avenue N.E., to block off the cul-de- sac on the top o£the hill west from Monroe and 47th Avenue N.E. for a block party between 6:30 p.m. and 9:00 p.m. on August 4, 1998. i) Block Party Request - Edwin Eaton, 4908 6th Street MOTION: Move to approve the request of Edwin Eaton, 4908 6th Street N.E. to block off Sixth Street between 49th Avenue and 50th Avenue for a block party between 5:30 p.m. and 8:30 p.m. on August 4, 1998. j) Block ParW Request - Kay Mayer, 2115 Highland Place MOTION: Move to approve the request of Kay Mayer, 2115 Highland Place, to block off Highland Place for a block party between 6:30 p.m. and 8:30 p.m. on August 4, 1998. Page 2 COUNCIL AGENDA LETTER 7ULY 27, 199g PAGE 3 k) Block Party_ Request - Kathryn Bixler, 3708 Second Street MOTION: Move to approve the request ofKathryn Bixler, 3708 Second Street, to block off Second Street from 37th Avenue to 38th Avenue for a block party between 5:00 p.m. and 10:00 p.m. on August 4, 1998. 1) Block Party_ Request - Lisa Hartwig, 4058 Quincy Street MOTION: Move to approve the request of Lisa Hartwig, 4058 Quincy Street N.E., to block off Quincy Street from 40th Avenue to 41st Avenue for a block party between 6:00 p.m. to 8:30 p..m. on August 4, 1998. m) Establish Dates for Council Work Sessions MOTION: Move to establish Monday, August 17, 1998 at 7:00 p.m. and Monday, August 31, 1998 at 7:00 p.m. as dates and times for Council work sessions. n ) Re-Issue Rental Housing License After Revocation MOTION: Move to issue a rental housing license to Amy Wazwaz to operate the rental property located at 1013-15 43 ½ Avenue in that the provisions of the Housing Maintenance Code have been complied with. o) Close Hearing - Rental License Revocation MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Susan Loewenthal regarding rental property at 1206-1208 Circle Terrace in that the provisions of the Housing Maintenance Code have been complied with. p) Close Hearing - Rental License Revocation MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Wilton Smith regarding rental property at 4544 Madison Street in that the provisions of the Housing Maintenance Code have been complied with. q) Block Party Request - Missy Lee, 4219 4th Street MOTION: Move to approve the request of Missy Lee, 4219 Fourth Street to block off Fourth Street between 42nd Avenue and 43rd Avenue for a block party between 6:00 p.m. and 8:30 p.m. on August 4, 1998 r) Block Party Request - Germaine Peterson. 1348 Buchanan Place MOTION: Move to approve the request of Germaine Peterson, 1348 Buchanan Place, to block off Buchanan Place for a block party between 6:00 p.m. and 8:30 p.m. on August 4, 1998. s) Payrnent of the Bills MOTION: Move to pay the bills as listed out of proper funds. t) Approval of the License Applications MOTION: Move to approve the license applications as listed. Page 3 COUNCIL AGENDA LETTER PAGE 4 u) Police and Fire Reserve Appreciation Event MOTION: Move to authorize the expenditure of up to $3,360 from the Special Events budget to host an annual appreciation night for the Fire and Police Reserve Units, and that the Mayor and City Manager are authorized to enter into contracts needed for this event. v) Block Party Request - Brian Pardun, 4328 McLeod Street MOTION: Move to approve the request of Brian Pardun, 4328 McLeod Street N.E., to block off McLeod Street for a block party between 2:00 p.m. and 8:00 p.m. on August 15, 1998. w) Block Party Request - Che _ryl Alonzo, 1332 45 ½ Avenue MOTION: Move to approve the request of Cheryl Alonzo. 1332 45 ½ Avenue, to block off45 ½ Avenue at Fillmore Street, from 6:00 p.m. to 8:30 p.m. for a block.party on August 4, 1998. 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTg A. Proclamation for National Night Out National Night out is Tuesday, August 4, 1998 B. Introductions Terri Kelly, Newly-hired Meter Reader Jill Teetzel, Newly-hire Police Support Services Supervisor C. Recognition by Police Department - Citizen Commendations 6. PUBLIC HEARINGS NONE 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-60 Being a Resolution Closing Hearing and Revoking Rental License Held by Anthony Wilczek for Property at 3935 Tyler Street Northeast MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-60 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Anthony Wilczek regarding rental property at 3935 Tyler Street Northeast. Page 4 COUNCIL AGENDA LETTER .rLFL¥ 27, !.99g PAGE 5 2) Resolution No. 98-61 Being a Resolution for Revocation - 5141 Universi _ty Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-61 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 5141 University Ave. 3) Resolution No. 98-62 Being a Resolution for Revocation - 5131 Universi _ty Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-62 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Roman regarding rental property at 5131 University Avenue. 4) Resolution No. 98-63 Being a Resolution for Revocation - 5121 Universi _ty Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-63 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 5121 University Avenue. 5) Resolution No. 98-64 Being a Resolution for Revocation - 4715 Universi _ty Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-64 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bermie Roman regarding rental property at 4715 University Avenue. 6) Resolution No. 98-65 Being a Resolution for Revocation - 4707 Universi _ty Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-65 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Roman regarding rental property at 4707 University Avenue. 7) Resolution No. 98-66 Bein~ a Resolution for Revocation - 4441 Universi _ty Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. Page 5 COUNCIL AGENDA LETTER 7ULY 27, 1998 PAGE 6 MOTION: Move to adopt Resolution No. 98-66 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Roman regarding rental property at 4441 University Avenue. 8) Resolution No. 98-67 Being a Resolution for Revocation - 4433 Universi _ty Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-67 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Roman regarding rental property at 4433 University Avenue. 9) Resolution No. 98-68 Being a Resolution for Revocation - 4425 University Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-68 approving revocation pursuant to Ordinance Code Section 5A.408(t) of the rental license held by Bennie Rozman regarding rental property at 4425 University Avenue. 10) Resolution No. 98-69 Bein~ a Resolution for Revocation - 4120 4th Street MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-69 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by B ennie Rosman regarding rental property at 4120 4th Street. 11) Resolution No. 98-70 Bein~ a Resolution for Revocation - 4100 4th Street MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-70 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 4100 4th Street. 12) Resolution No. 98-71 Being a Resolution for Revocation - 4060 4* Street MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-71 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Roman regarding rental property at 4060 4th Street. Page 6 COUNCIL AGENDA LETTER 3X3LY 27, 1998 PAGE 7 13) Resolution No. 98-72 Being a Resolution for Revocation - 4050 4th Street MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-72 approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Bennie Rozman regarding rental property at 4050 4th Street. B. Bid Considerations NONE C. Other Business 1) Library_ Roof Project MOTION: Move to authorize the Mayor and City Manager to enter into an agreembnt With Dalco Roofing and Sheet Metal, Inc. for the purchase and installation of a roof at the Library for the amount of $86,237 based on their low, formal written bid. MOTION: Move to appropriate and transfer $95,980 fi-om the General Fund undesignated fund balance to the capital improvements general government building fund to cover expenditures related to re-roofing the City's Library; specifically, $86,237 for Dalco Roofing and Sheet Metal, Inc., up to $5,000 for disconnecting and connecting the mechanical systems, and $4,743 for consulting fees to RHA Architects, Inc. 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager B. Report of the CiW Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) June 24, 1998 Park and Recreation Commission Meeting 2) July 7, 1998 Planning and Zoning Commission Meeting 3) July 16, 1998 Telecommunications Commission Meeting Page 7 COUNCIL AGENDA LETTER XUI.,Y 27, 1998 PAGE 8 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 bing discussed.) 11. ADJOURNMENT Walter Fehst, City Manager WF/js Page 8 OFFICIAL PROCEEDINGS COLUMBLA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 13, 1998 o CALL TO ORDER/ROLL CALL The meeting was called to order by the Mayor at ?:00 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Councilmember Jolly requested the removal of 4-C (gambling request for Immaculate Conception - KJ's Caf6) and a resident requested the removal of 4-N (resolution amending Administrative Offense Penalty Schedule). CONSENT AGENDA (Items on the consent agenda are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval are taken up as the next order of business.) Motion by Ruettimann, second by Jolly to approve the consent agenda as follows: A. Approval of Council Meeting Minutes The Council approved the minutes of the June 22, 1998 Regular Council Meeting as presented. B. Approval of Appointments to Telecommunications, Planning and Zoning and Police/Fire Civil Service Commissions The Council appointed the following residents to various commissions: Ruth Graham to the Telecommunications Commission with term expiring April 2000; John Hunter to the Planning and Zoning Commission with term expiring April, 2002; and, Bruce Magnuson to Police/Fire Civil Service Commission with term expiring April, 200t. C. Approve Request to Serve Beer at Sullivan Park on August 16, 1998 per Request of VFW The Council approved the request from Duane Running, Quartermaster of VFW Post #230, 4446 Central Avenue N.E., Columbia Heights, to serve 3.2 beer in Sullivan Park from 11:00 a.m. to 6:00 p.m. on Sunday, August 16, 1998 for a VFW event. REGULAR COUNCIL MEETI2qG JI.,rLy 13, 1998 PAGE 2 D. Approve Request to Serve Beer at Sullivan Park on August 20, 1998 per Request of Medtronic The Council approved the request fi-om Carol Menken of Metronic Neurological, 800 53rd Avenue N.E., Columbia Heights, to serve 3.2 beer in Sullivan Park fi-om 8:00 a.m. to 5:00 p.m. on Thursday, August 20, 1998, for Medtronic picnic. E. Establish Hearing Date of July 27, 1998 Regarding Rental Property at 3717 Polk Street (Michael Shaffer), 3935 TYler Street (Anthony Wilczek), 1206-08 Circle Terrace (Susan Loewenthal), and 4544 Madison Street (Wilton Smith) The Council established a hearing date of July 27, '1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the property owners regarding their above-mentioned rental property. F. Establish Hearine Date of August 10, 1998 for Revocation/Suspension of Rental Property_ License for 1020 44th Avenue (Greg Heinen) The Council established a hearing date of August 10, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the above-named property owner regarding his rental property. G. Approve Replacement of John P. Murzyn Hall Dishwasher The Council authorized staffto seek bids to replace the current Murzyn Hall dishwasher with a new dishwasher at a cost not to exceed $7,250 installed which would be funded out of the City antenna fund. H. Authorize Staffto Seek Request for Proposals for the Establishment of a Storm Water Utili _ty The Council authorized staff to seek Request for Proposals for consultant services for the establishment of a storm water utility for the City of Columbia Heights. I. Authorize Public Works Director to Attend the Al'WA Congress in Las Vegas, Nevada fi-om September 14-17-1998 The Council approved the attendance of the Pubhc Works Director at the 1998 APWA Congress and Exposition in Las Vegas, Nevada, to be held September 14-17,1998, and that all related expenses be reimbursed from proper Public Works funds. J. Approve Relining of City Lines - Metropolitan Council of Environmental Services Sanitary Sewer The Council approved the relining of 338 feet of 15 inch sanitary sewer (north) at a cost of $24,000 and to reline 668 feet of sanitary sewer (east) at an estimated cost of $38,155 with funds to be appropriated fi-om the Sanitary Sewer Construction Fund, 652-49499-5130. REGULAR COUNCIL MEETING JULY t3, 1998 PAGE 3 K. Approve Joint Powers Agreement with the Ci_ty of New Brighton to Repair, Crackseal.. and Sealcoat Stinson Boulevard and Fairway Drive The Council approved the joint powers agreement with the City of New Brighton to repair, crackseat and sealcoat Stinson Boulevard, Fairway Drive to 325 feet north of North Upland Crest within the Cities of New Brighton and Columbia Heights. L. Authorize Staffto Prepare a Sidewalk Repair and Replacement Policy Ordinance The Council authorized staffto prepare an ordinange for the repair and replacement of sidewalks located on public rights-of-way or easements throughout the City, and which addresses payment procedures for such work. M. Resolution No. 98-54 - Authorizin~ Execution of Sub-Grant Am'eement for Federal Assistance Under the Infrastructure Prom'am The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-54 AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM WHEREAS, the City of Columbia Heights suffered damages due to the storms from May 15 to May 30, 1998, and WHEREAS, the City would like to participate in the Federal Assistance under the Infrastructure Program as provided by the Federal Emergency Management Act, NOW, THEREFORE BE IT RESOLVED THAT, the City of Columbia Heights enter into a Sub-grant Agreement with the Division of Emergency Management in the Minnesota Department of Pubtic Safety for the program entitled Infrastructure Program for FEMA, 1225 DR-MINNESOTA. BE IT FURTHER RESOLVED THAT Walter Fehst, City Manager, is hereby authorized to execute and sign such Sub-Grant Agreements and amendments as are necessary to implement the project on behalf of the City of Columbia Heights. REGULAR COUNCIL MEETING JLrLY 13, 1998 PAGE 4 Dated this 13t~ day of July, 1998. Offered by: Ruettimann Seconded by: Jolly Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Mirmesota County of Anoka City of Columbia Heights 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 13th day of July, 1998, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk N. Establish Neighborhood Organizations The Council approved the Planning and Zorfing Commission recommendation to direct staffto: 1) Fine rune the proposed neighborhood map boundaries; 2) Approach the Minnesota Design Team Steering Committee and/or Neighborhood Subcommittee to participate in this process; 3) Coordinate a meeting(s) inviting both Committee members and all citizens expressing an interest in participating in neighborhood organizations, and 4) Work with the Committee to prepare a recommendation(s) for future City Council consideration on establishing neighborhood organizations within the City of Columbia Heights. O. Resolution No. 98-55, Being a Resolution Imposing a Moratorium on Site Improvements and/or Development of Property Owned by St. Timothy's Lutheran Church in Columbia Heights The reading of the resolution was waived there being ample copies available for the public. REGULAR COUNCIL MEETING J-ULY 13, 1998 PAGE 5 RESOLUTION NO. 98-55 BEING A RESOLUTION IMPOSING A TEN MONTH MORATORIUM ON SITE IMPROVEMENTS AND/OR DEVELOPMENT OF PROPERTY OWNED BY ST. TIMOTHY'S LUTHER_AN CHURCH IN COLUMtlIA HEIGHTS WHEREAS, the City Council of the City of Columbia Heights has approved rezoning of certain property at St. Timothy's Lutheran Church;. 825 51 st Avenue NE, fi:om R-2, Two Family Residential District, to R-3, Multiple Family Residential District; and WHEREAS, the purpose of the rezoning request and approval therefor was to permit the development of a 70-unit, three story, market rate, senior housing rental apartment project by Nedegaard Custom Homes, Developer, and Mary T. Inc., owner and service provider; and WHEREAS, by letter dated June 5, 1998, Mary T. Inc. has informed officials of the City of Columbia Heights that they will no longer pursue a senior housing project in Columbia Heights; and WHEREAS, the City Council has represented in general terms to adjacent property owners that development of this site was intended for a senior rental apartment project only; and WHEREAS, the rezoning of this property to R-3, Multiple Family Residential District allows as permitted uses other types of projects including, but not limited to, townhouses, other multiple family dwelling structures, YMCA and similar non-profit organizations; and WHEREAS, the City Council determines it is necessary to 1) conduct further research and analysis as to appropriate land uses for th/s surrounding area which currently consists of single family homes, church, public park, and retail business uses; and 2) identify appropriate zoning and performance standards for the subject property. NOW, THEREFORE, BE IT RESOLVED THAT the City of Columbia Heights hereby establishes a moratorium not exceeding ten months on site improvements and/or devlopment of property owned by St. Timothy's Lutheran Church in Columbia Heights, with said ten month time period commencing and effective the date of adoption of this resolution, and recognizing said ten month time period may be shortened by adoption of a resolution of the City Council upon earlier consideration of staff findings. REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 6 BE IT FLrRTHER RESOLVED that staffis directed as part of the Comprehensive Plan update and Zoning Ordinance rewrite process to identify appropriate options for zoning of the subject property; development of recommended performance standards for the various zoning options; and presentation of the recommendations to the City Council before such time as the moratorium established by this resolution terminates. Passed this 13th day of July, 1998. Offered by: Ruettimarm Seconded by: Jolly Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary P, Approve Language for General Election Ballot Per Charter Commission's Request Regarding Length of the Mayor Term The Council approved the recommended language of the City Attorney (as stated in the Council Letter) regarding changing the Mayor's term of office and directed the City Clerk to place this language on the next general election ballot. Q. License Applications The Council approved the license applications as listed. R. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Roll call on Consent Agenda: All ayes Approved Gambline Request - Immaculate Conception Church ~ KJ's Cafe, This item was removed from the Consent Agenda for additional discussion. Councilmember Jolly inquired if there is a requirement of gambling license holders to supply to local control authorities a list of benefactors of gambling profits. The Police Chief stated this document is "Schedule C" and it identifies recipients of funding from gambling profits. This is required by law. REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 7 Councilmember Jolly requested this list be supplied by the ICC Gambling Operation before the request is approved. Motion by Ruettimarm, second by Jolly, upon receipt of Schedule C, that the City Manager forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premise permit for the Church of the Immaculate Conception in conjunction with activities at KJ's Caf6 and Sports Bar, 4005 Central Avenue N.E., Columbia Heights and the City Council waives the remainder of the sixty-day notice to the local governing body. Roll call: All ayes Resolution No. 98-53 Being a Resolution Amendint Administrative Offense Penal _ty Schedule The resident who requested this be removed from the Consent Agenda did not understand the intent of the resolution. Councilmember Ruettimann explained its intent. The resident had no objections with the passage of the resolution. The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-53 BEING A RESOLUTION REGARDING AMENDMENT ADMINISTRATIVE OFFENSE PENALTY SCHEDULE WHEREAS, the Columbia Heights City Council adopted Ordinance No. 1358 on October 3, 1997, establishing Section 8 of the Columbia Heights Code entitled "Administrative Offenses" and, WHEREAS, Section 8 provides that penalties be imposed for violations of scheduled administrative offenses according to a schedule established, and amended fi'om time to time by Resolution of the City Council, and, WHEREAS, it is the desire of the Columbia Heights City Council to amend said administrative offense penalty schedule, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the administrative offense penalty schedule is amended as follows: P,_EGULAR COUNCIL MEETING JULY 13, 1998 PAGE 8 o o Offense Description Code PenalW Refusing to comply with any provision of Chapter 5A of the Columbia Heights Code 5A.611 $100.00 Contractors must be licensed to operate 5.607 $100.00 Failure to abide by provisions of the Zoning Code relating to conditional use permits 9.105(5) $100.00 Failure to abide by provisions of the Zoning Code relating to signs 9.117A $100.00 Failure to abide by provisions of the Zoning Code relating to performance standards 9.t17 $100.00 Passed this 13th day of July, 1998. Offered by: Ruettimann Seconded by: Jolly Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary PROCLAMATIONS, 12qTRODUCTIONS A_ND PRESENTATIONS Roxarme Smith, the newly-hired Assistant Finance Director, was introduced. PUBLIC HEARINGS A. Second Reading of Ordinance No. 1374 Being an Ordinance Pertainin~ to the Science.. Technology_ and Energy Commission REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 9 Councilmember Ruettimann felt all of the responsibilities of this commission would be encompassed by the Telecommunications Commission. The City Manager stated that only one of the three members had indicated an interest in serving on the Telecommunications Commission. Motion by Sturdevant, second by Ruettimarm to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1374 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE SCIENCE, TECHNOLOGY AND ENERGY COMMISSION The City Council of the City of Columbia Heights does ordain: Section 1: Sections 3.314(1) - 3.314(4), inclusive of Ordinance No. 853, City Code of 1977, which reads as follows, to wit: 3.314(1) A Science, Technology and Energy Commission is hereby established which shall consist of seven (7) permanent members to be appointed by the Council for terms of three (3) years each. Permanent members shah be residents of the City and shall possess technical expertise by virtue of education, training, or experience in the physical sciences, engineering, or mathematics and shall possess at least a baccalaureate degree therein. 3.314(2) The Science, Technology and Energy Commission shall establish and appoint its own ex officio members of such numbers and identify as it shall deem appropriate. Terms of ex officio members shall be of such duration as is necessary and expedient to the topics being considered by the Science, Technology and Energy Commission. The Science, Technology and Energy Commission shall continue thereafter to prepare and maintain a current list of persons who may agree to donate technical expertise helpful to the topics which maybe studied by the commission. Ex officio members may not be residents of the city and their expertise need not be limited to physical sciences, engineering or mathematics. Each ex officio member shall possess the title Technical Advisor. REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 10 3.314(3) The Science, Technology and Energy Commission shall: (a) (c) (d) (e) (g) (h) evaluate and advise the Council on highly technical proposal such as the use of computer services by the City Administrative Service (as requested by the Council). analyze, devise, and recommend to the Planning and Zoning Commission and Council such changes in the Zoning Code as may be necessary and desirable to both permit and closely regulate energy conservation enhancement in structures; provide analysis and advice to the Planning and Zoning Commission, Council, Administrative Service or other Boards and Commissions on technical subjects referred to it fi.om time to time; advise the Council and aid the Administrative Service in the preparation of technical specifications for the purchase of technical equipment or services; review the City Code to determine areas of obsolescence or impending obsolescence and recommend changes to the City Council before such problems become acute; conduct such studies as are necessary to advise the City Council about the development of a City energy policy and energy action statement; inform the residential, commercial and industrial citizens of the City of the importance of energy conservation and motivate the public to conserve energy as the City Council shall direct; and evaluate its effectiveness in achieving the City Council's objectives 3.314(4) Notwithstanding the foregoing list of duties, the Science, Technology and Energy Commission shall undertake none of the tasks provided in this section unless the City Council specifically directs it to perform such a particular duty. is hereby repealed. Section 2: This ordinance shall be in full force and effect fi.om and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 22, 1998 July 13, 1998 July 13, 1998 Offered by: Seconded by: Roll call: Sturdevant Ruettimann All ayes REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 11 B. Second Reading of Ordinance No. 1375 Being an Ordinance Amending Ordinance No. .8.53, Ci_ty Code of 1977, Pertaining to the Insurance Commission Motion by Peterson, second by Jolly to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1375 BEING AN ORDINANCE A_MENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE INSURANCE COMMISSION The City Council of the City of Columbia Heights does ordain: Section 1: Sections 3.313(1 ) - 3.313(5), inclusive of Ordinance No. 853, City Code of 1977, which reads as follows, to wit: 3.313(1) An Insurance Commission is hereby established, which shall consist of not more than seven members to be appointed by the council for terms of indefinite duration. Members shall serve at will and may be removed or replaced by majority vote of the Council. The Council shall appoint a Chairman, and the Commission shall select a Secretary from among its members. 3.313(2) Members shall be selected fi-om the insurance salesmen doing business within the City. Notwithstanding any other provision of this Code, the Chairman of the Commission may be remunerated for his service in such amount as set by resolution of the Council; provided, however, that said Chairman or members of his insurance agency shall do no business with the City of Columbia Heights. 3.313(3) The Insurance Commission shall serve as an advisory body to the Council and the administrative service of the City. The Commission shall study and investigate all areas of potential hability for the city and recommend insurance coverages therefor in the best interests of the City. The Commission shall conduct public hearings as are necessary to give full consideration to such matters. 3.313(4) The city may purchase such necessary coverages or self insure as the Commission may advise. Nothing contained herein shall relieve the City Council from awarding contracts of insurance to the lowest responsible bidder where such process is lawfully required. REGULAR COUNCIL MEETING YULY 13, 1998 PAGE 12 3/313(5) Section 2: The Commission shall establish a monthly meeting date and direct the Secretary to prepare an agenda for each meeting. Said agenda shall be sent to the Commission members for their consideration at least two days prior to the meeting date. is hereby repealed. This ordinance shall be in full force and effect from and after th/rty (30) days after its passage. June 22, 1998 July 13, 1998 July 13, 1998 First Reading: Second Reading: Date of Passage: Offered by: Peterson Seconded by: Jolly Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant C. Licensing of Rental Property at 4050 4th Street Owned by Bennie Rozman Motion by Ruettimarm, second by Peterson to open the public hearing regarding rental license revocation for the property located at 4050 4th Street. Roll call: All ayes Motion by Ruettimarm, second by Peterson to table consideration of the revocation of the rental license at 4050 4th Street until July 27, 1998. Roll call: All ayes D. Licensing of Rental ProperW at 4060 4t~ Street Owned by Bennie Roman Motion by Ruettimann, second by Peterson to open the public hearing regarding rental license revocation for the property located at 4060 4th Street. Roll call: Alt ayes Motion by Ruettimann, second by Peterson to table consideration of the revocation of the rental license at 4060 4th Street until July 27, 1998. Roll call: Ail ayes REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 13 E. Licensin~ of Rental Property at 4100 4th Street Owned by Bennie Roman Motion by Ruettimann, second by Peterson to open the public hearing regarding rental license revocation for the property located at 4100 4m Street. Roll call: All ayes Motion by Ruettimarm, second by Peterson to table consideration of the revocation of the rental license for 4100 4th Street until July 27, 1998. Roll call: All ayes F. Licensin~ of Rental Property_ at 4120 4t~ Street Owned by Bennie Roman Motion by Jolly, second by Szurek to open the public hearing regarding rental license revocation for the property located at 4120 4th Street. Roll call: All ayes Motion by Jolly, second by Szurek to table consideration of the revocation of the rental license at 4120 4th Street until July 27, 1998. Roll call: All ayes G. Licensing of Rental Property at 4425 University Avenue Owned by Bennie Rozman Motion by Jolly, second by Szurek to open the public hearing regarding rental license revocation for the property located at 4425 University Avenue. Roll call: All ayes Motion by Jolly, second by Szurek to table consideration of the revocation of the rental license at 4425 University Avenue until July 27, 1998. Roll call: All ayes H. Licensinz of Rental Property at 4433 Universitw Avenue Owned by Bennie Rozman Motion by Jolly, second by Szurek to open the public hearing regarding rental license revocation for the property located 4433 University Avenue. Roll call: All ayes Motion by Jolly, second by Szurek to table consideration of the revocation of the rental license at 4433 University Avenue until July 27, 1998. Roll call: All ayes I. Licensing of Rental Property at 4441 Universit-v Avenue Owned by Bennie Rozman Motion by Jolly, second by Szurek to open the public hearing regarding rental license revocation for the property located at 4441 University Avenue. Roll call: All ayes Motion by Jolly, second by Szurek to table consideration of the revocation of the rental license at 4441 University Avenue until July 27, 1998. Roll call: All ayes REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 14 J. Licensing of Rental Property_ at 4704 UniversiW Avenue Owned by Bennie Roman Motion by Peterson, second by Sturdevant to open the public hearing regarding rental license revocation for the property located at 4707 University Avenue. Roll call: All ayes Motion by Peterson, second by Sturdevant to table consideration of the revocation of the rental license for 4707 University Avenue until July 27, 1998. Roll call: All ayes K. Licensing of Rental Property at 4715 University Avenue Owned by B ennie Roman Motion by Peterson, second by Sturdevant to open the public hearing regarding rental license revocation for the property located at 4715 University Avenue. Roll call: All ayes Motion by Peterson, second by Sturdevant to table consideration of the revocation of the rental license for 4715 University Avenue until July 27, 1998. Roll call: All ayes L. Licensing of Rental Property_ at 5121 UniversiW Avenue Owned by Bennie Roman Motion by Peterson, second by Sturdevant to open the pubic hearing regarding rental license revocation for the property located at 5121 University Avenue. Roll call: All ayes Motion by Peterson, second by Smrdevant to table consideration of the revocation of the rental license at 5121 University Avenue until July 27, 1998. Roll call: All ayes M. Licensin~ of Rental Property at 5131 Universi _ty Avenue Owned by Bennie Roman Motion by Szurek, second by Jolly to open the public hearing regarding rental license revocation for the property located at 5131 University Avenue. Roll call: All ayes Motion by Szurek, second by Jolly to table consideration of the revocation of the rental license at 5131 University Avenue until July 27, 1998. Roll call: All ayes N. Licensing of Rental ProperW at 5141 Universi _ty Avenue Owned by Bennie Roman Motion by Szurek, second by Jolly to open the public hearing regarding the rental license revocation for the property located at 5141 University Avenue. Roll call: All ayes Motion by Szurek, second by Jolly to table consideration of the revocation of the rental license at 5141 University Avenue until July 27, 1998. Roll call: All ayes REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 15 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-56 Declaring the Property_ at 1260 46th Avenue as Hazardous The Building Official reviewed the history of this structure and its current condition. Motion by Peterson, second by Szurek to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-56 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF A HAZARDOUS STRUCTURE LOCATED AT 1260 46TM AVENUE NORTHEAST WHEREAS, there is an abandoned portion of a building at 1260 46th Avenue which has been vacated since March 20, 1996, and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this abandoned property to be hazardous based on the following code violations as contained in the Findings of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become dislodged, or to collapse and thereby injure persons or damage property. 302(8) Whenever the building or structure, or any part thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 16 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(10)Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one th/rd of the base. 302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(12) Whenever the building or structure has been damaged by fire, wind, or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. 302(18) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structure at 1260 46th Avenue Northeast is substandard and seriously deteriorated, that it lacks minimum standards for habitable space per 1995 Mn State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structure be removed, the perimeter fencing be replaced and the lot be graded for future development refilling any and all large excavations presently on the property. Conclusions of Council That all relevant parties have been duly notified of this action. That the vacant and abandoned structure on the property at 1260 46t~ Avenue Northeast is hazardous and in violation of many local, state and national code requirements. REGULAR. COUNCIL 1VEEETING JULY 13, 1998 PAGE 17 That the structure can not be rehabilitated to bring it into compliance with local, state and national code requirements. Order of Council The non-occupied remaining portion of a house structure at 1260 46t~ Avenue Northeast, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record of the above-hazardous building or his heirs, to raze the building within thirty (30) days of the date of service of this order. The site must then be restored to a safe condition with fill and fencing as necessary. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction in accordance with law. The City Council further orders that unless such corrective action is taken or an answer is served upon the City of Columbia Heights and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within thirty (30) days from the date of service of this order, a motion for summary enforcement of this order wilt be made to the District Court of Anoka County. o The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. o The mayor, the clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection, along with taxes. Passed this 13th day of July, 1998. Offered by: Peterson Seconded by: Szurek Roll call: All ayes REGULAR COUNCIL MEETING J-U-LY 13, 1998 PAGE 18 2) Resolution No. 98-57 Being a Resolution Declaring the Garage and Retaining Wall Located at 3900 Central Avenue as Hazardous The Building Official reviewed the history of this garage and wall as well as their current status. Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-57 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF HAZARDOUS STRUCTURES LOCATED AT 3900 CENTRAL AVENUE NORTHEAST WHEREAS, there is a substandard building and retaining wall at 3900 Northeast Central Avenue which have been dilapidated, unsafe since February 2, 1998, and WHEREAS, Minnesota Statute 463.15 and 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code violations as contained in the Findings of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become dislodged, or to collapse and thereby injure persons or damage property. 302(8) Whenever the building or structure, or any part thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 19 302(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle on third of the base. 302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deter/oration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 3900 Central Avenue Northeast are substandard and seriously deteriorated, that they lack minimum standards for habitable space per 1995 Mn State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structures be removed, and the lot be graded eliminating the need for a retaining wall. Conclusions of Council That all relevant parties have been duly notified of this action. That the structures on the property at 3900 Central Avenue Northeast are hazardous and in violation of many local, state and national code requirements. That the structures can not be rehabilitated to bring them into compliance with local, state and national code requirements. Order of Council The remaining portion of retaining wall structure and the existing detached garage at 3900 Central Avenue Northeast, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owner of the above-hazardous building, or his heirs, to raze the building and retaining wall at the west property boundary within thirty (30) days of the date of service of this order. The site must then be restored to a safe condition with fill as necessary. REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 20 The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the structures shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction in accordance with law. The City Council further orders that unless such corrective action is taken or an answer is served upon the City of Columbia Heights and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within thirty (30) days from the day of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. o The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. o The mayor, the clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection, along with taxes. Passed this 13th day of July, 1998. Offered by: Sturdevant Secon4ed by: Jolly Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant B. Bid Considerations There were no bid considerations. REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 21 C. Other Business 1) Accept Enzineering Study Reports Motion by Ruettimann, second by Sturdevant to accept the Engineering Study Reports as prepared by the engineering firm of BRA. Roll call: All ayes Motion by Ruettimann, second by Peterson to authorize the firm of BRA to prepare the design of the storm sewer improvements as recommended in the engineering studies. Roll call: All ayes Motion by Ruettimarm, second by Peterson to authorize the City Attorney and city staffto determine property acquisition requirements based upon funding eligibility. Roll call: All ayes 2) Approve Conditional Use Permit, 3856 Quincy Street Councitmember Jolly expressed a concern with the actual shutting off of the water service to this property. He requested staff to follow up on this concern. Motion by Jolly, second by Peterson to approve the conditional use permit to allow off- street parking in the R-3 District at 3856 Quincy Street subject to the following conditions: a. Ownership of the property shall be transferred to the applicant b. All required state and local codes will be met and in full compliance c. All lighting used to illuminate the off-street parking area shall be shaded or diffused so as to reflect the light away fi-om the adjoining property and a lighting plan will need to be reviewed and approved by staff d. A fence, not over 6 feet high nor less than 3 ½ feet high, shall be erected along the property line abutting a residential district and shall be at least 50% opaque e. A bumper curb of 5-7 inches high, is required around the perimeter of parking area f. There shall be a minimum of two feet open space maintained between the bumper curb surrounding the parking area and the property line g. Driveways shall not exceed 6% and the parking lot shall be graded according to a drainage plan which has been approved by the Department of Pubtic Works h. The maximum slope of any banks shall be 1:3 i. The parking lot will need to be striped and parking stalls are required to be 9'x20' Roi1 call: All ayes REGULAR COUNCIL, MEETING YULY 13, 1998 PAGE 22 3. Approve Conditional Use Permit - 5098 Central Avenue Motion by Szurek, second by Jolly to approve the conditional use permit to allow the operation of a Papa John's Pizza Prepared Food Delivery Establishment in the retail business zoning district at 5098 Central Avenue subject to the following conditions: a. All required state and local codes, permits, and inspections including, but not limited to, building perm/ts, fire code, and health department regulations will be met and in full compliance b. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. c. The new light poles shown on the site plan shall be relocated from the right-of-way onto the site, and light directed onto adjoining properties and public streets shall not exceed three (3) foot candles, and a lighting plan will need to be reviewed and approved by staff. d. The seven (7) parking spaces along the northern property boundary will need to be brought into compliance through removal. e. A bumper curb of 5-7 inches high shall be provided along the residential property boundary to the west of the subject parcel. Roll call: All ayes 4) Deny Variance Application, 3723 Polk Street Council requested staff to research again any alternatives and options for increasing the living space at this property and assist the property owner. Motion by Smrdevant, second by Szurek to deny the variance application of a 400 square foot house addition at 3723 Polk Street because hardship has not been established and the addition would extend an existing nonforming use. Roll call: All ayes 5) Approve Variance Application, 4015 Stinson Boulevard Motion by Peterson, second by Sz-urek to approve the variance of 2,072 square feet at 4015 Stinson Boulevard as the unusual topography and potential loss of trees and shrubbery around the existing garage create a hardship. Roll call: All ayes REGULAR COUNCIL MEETING YULY 13, 1998 PAGE 23 6) Approve Variance Application - 4757 Central Avenue Motion by Jolly, second by Szurek to approve the variance of 10 parking spaces to keep the existing parking spaces in the front yard at 4757 Central Avenue rather than the required curb and landscaping because the shape of the lot and topography create a hardship. Roll call: All ayes Motion by Jolly, second by Szurek to recommend'City Council approval of the variance of five (5) feet to maintain t 0 existing parking spaces that are nine (9) feet wide and 15 feet in length because the shape of the lot and topography create a hardship. Roll call: All ayes 7) Establish a Complete Count Committee to Assist the Census Bureau's Efforts for Census 2000 The City Manager stated he will publicize the need for residents to apply for service on this committee. Councilmember Jolly suggested members of the Human Services Commission may be interested in serving on the Complete Count Committee. Motion by Sturdevant, second by Jolly to establish a Complete Count Committee to assist the Census Bureau's efforts for Census 2000. 8) Deny Solicitor License Motion by Ruettirnann, second by Sturdevant to deny the request for a solicitor's license on behalf of Robert Arthur Erickson based on the recommendation of the Police Department due to his driving record and criminal history. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager CiW Bus: The City Manager and City Mechanic visited an MTC bus garage to view buses available to the City. The City Manager stated that the current inventory of buses are very large and have high mileage. He was advised that other buses may become available which would be more desirable. He suggested an item for a future work session would be to discuss the Council's intended use and purpose for a City bus and what was to be achieved by having a bus available. He also recommended the Council discuss the possible purchase of a van and determine funding sources required. REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 24 Sale of Local Bank Building: The former bank building located on 41st and Central Avenues has been sold. Tenants are being sought. CommuniW Meetings: On July 30~' there is a meeting at Murzyn Hall for the public to discuss the Comprehensive Plan. The City Manager also reminded the Council of the July 14th meeting to discuss the Livable Communities Grant with a consultant. B. Report of the CiW Attorney The City Attorney had nothing to report at this time. 9. GENEP,_AL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Minutes from the following meetings were included on the agenda: June 16, 1998 EDA Meeting, May 21, 1998 Charter Commission Meeting, and July 6, 1998 Traffic Commission Meeting. No Council action was required. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA The resident at 4307 Tyler Street stated her son had been playing street hockey in front of her home. He was told by a Columbia Heights Police Officer to not continue playing hockey in the street. She suggested there is no state nor local law which prohibits playing hockey in the street. She also felt the officer had frightened her son and that an apology would be appropriate. The City Attorney stated that the State gives municipalities and police departments the authority to monitor activity in streets and rights-of-way. This is under the purview of public health, safety and welfare and this authority does not have to specifically address this behavior. It is viewed as "child endangerment" if this activity is condoned or allowed to continue. Discussion followed regarding usage of parks for skateboarding. The resident stated her son is too afraid to play in the street and she felt this was regrettable. She was advised that he can skateboard in the same area as bicycles are allowed but playing ball or hockey in the street are prohibited activities. Councilmembers Jolly and Ruettimarm indicated a willingness to meet with concerned parents to discuss the issue. The Police Chief offered to meet with the child, his parents, and the officer mentioned, at a time and place convenient to the parent. REGULAR COUNCIL MEETING JULY 13, 1998 PAGE 25 Miscellaneous Items: Councilmember Jolly recognized the high level of commitment by the Public Works Department employees and the Fire Department Inspections Department for inspections being done throughout the summer. Councilmember Jolly noted that the fence on the east side of Jackson Pond is in disrepair and needs some attention. 11. ADJOURNMENT Motion by Ruettimann, second by Szurek to adjo :u?n the Council Meeting at 8:45 p. m. Roll call: All ayes Mayor Joseph Smrdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 7/27/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: q PUBLIC WORKS ITEM: FINAL PAYMENT FOR RETAINING WALL BY: K. Young ~~ BY: CONSTRUCTION 4~,,~ DATE: 7/23/98 ~ DATE: Background: The Contractor has completed the retaining wall construction on the south side of44z Avenue N.E. (1316 to t328 44~ Ave.) and 40~ Avenue N.E. (4001 Arthur). Analysis/Conclusions: Staff is recommending approval of final payment to Sunram Construction Inc. and acceptance of the work. A copy of the final payment voucher and the Engineer's Acceptance Report is attached. Recommended Motion: Move to accept the work for Retaining Wall Construction at 44m Avenue N.E. and 40th Avenue N.E., Municipal Project #9530 and #9606; and, authorize f'mal payment of $4,931.42 to Sunram Construction, Inc. of Corcoran, Minnesota. KH:jb 98-244 Attachment: Payment Voucher Engineer's Acceptance Report COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS, MN FINAL PAYMENT RETAINING WALL CONSTRUCTION 44TH AVENUE N.E. AND 40TH AVENUE N.E. MUNICIPAL PROJECT #9530 AND #9606 S.A.P. 113-104-11 AND 113-112-06 Sunram Construction, Inc. 20010 75th Avenue N. Corcoran, MN 55340 No. Description Quantity Unit 1 Mobilization 1.0 L.S. $7,000.00 2 Clearing and Grubbing 1.0 L.S. $1,500.00 3 Remove Curb and Gutter 46.5 L.F. $15.00 4 Remove Stone Retaining Wall 392.0 L.F. $6.00 5 Remove Timber Retaining Wall 30.0 L.F. $3.75 6 Remove Bituminous Driveway 0.0 S.Y. $10.00 7 Sawing Bituminous Pavement 0.0 L.F. $8.00 8 Salvage Retaining Wall 47.0 BF. $12.00 9 Construct Modular Block Retaining Wall 1,198.9 S.F.. $14.00 10 Adjust Curb Stop 3.0 Ea. $150.00 11 4" Concrete Walk 667.0 S.F. $3.25 12 Concrete Curb and Gutter Design S512 46.5 L.F. $15.00 13 6" Concrete Driveway Pavement Apron 217.0 S.Y. $35.00 14 Wood Rail Fence 0.0 L.F. $6.50 15 Crabapple, Spring Snow 2" Cal. B&B 1.0 Tree $250.00 16 Honeysuckle, Miniglobe 18" 18.0 Shrub $30.00 t7 Potentilla, Jackmans 18" 0.0 Shrub $30.00 18 Spirea, Goldflame 18" 0.0 Shrub $30.00 19 Grow-Low Fragrant, 18" 10.0 Shrub $30.00 20 Daylily, Assorted #1 Gal. Pot 0.0 Plant $10.00 21 Transplant Sumac 0.0 Shrub $20.00 22 Transplant Perennial 2.0 Plant $10.00 23 Daffodil Top Size Bulb 0.0 Bulb $5.00 24 Sodding Type L~wn 278.6 S.Y. $2.50 25 Mulch Material Type Aggregate 13.0 C.Y. $40.00 26 Mulch MatedalType Special 3.0 C.Y. $40.00 27 Select Topsoil Borrow (LV.) 18.0 C.Y. $17.00 28 Landscape Fabric, Weed Barrier 1,119.0 S.F. $0.15 29 Landscape Edging, Commercial Grade 174.0 L.F. $1.75 SA 1 Relocate Sprinkler System 45.0 LF. $7.65 SA 1 Ornamental Iron Fence 56.5 L.F. $40.00 SA I Arborvitae, Globe 15" Ht 11.0 Shrub $38.50 SA 1 Daphne, Carol Mackie 15" Ht '2.0 Shrub $49.50 SA 1 Lilac, Miss Klm 18" Ht 1.0 Shrub $44.00 SA 1 Viburnum, Comp Amer Cranb 12" Ht 4.0 Shrub $33.00 SA 1 Black Eyed Susan 2.0 Plant $22.00 TOTAL BID COMPLETED TO DATE MINUS PREVIOUS PAYMENT TOTALDUE Unit Pdce Total $7,000.00 $1,500.00 $697.50 $2,352.00 $112,50 $0.00 $0.00 $564.00 $16,784.60 $450.00 $2,167.75 $697.50 $7,595.00 $0.00 $250.00 $540.00 $0.00 $0.00 $300.00 $0.00 $0.00 $20.00 $0.00 $698.50 $520.00 $120.00 $306.00 $167.85 $304.50 $344.25 $2,260.00 $423.50 $99.00 $44.0O $132.O0 $44.00 $46,492:45 ($41,561.03) $4,931,42 I hereby ce)rtify to the City/Council of Columbia Heights that I have been in charge of the work requ. Lred b~, the above cot~tract; that all work has been done and performed as measured by and in/~or/~nce wit~ ICursuant to the terms of said contract. t the above payment as final for the work done under this contract. SUNRAM CONSTRUCTION, INC. DATE CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGI2~IEER'S REPORT OF FINAL ACCEPTANCE RETAINING WALL CONSTRUCTION 44TM AVENUE NE AND 40TM AVENUE NE MUNICIPAL PROJECT NUMBERS 9530 AND 9606 STATE AID PROJECT NUMBERS 113-104-11 AND 113-112-06 July 20, 1998 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Suntara Construction, Inc. The work consisted of retaining wall construction and landscaping. The contractor has completed the project in accordance with the contract. It is recommended, herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT FINAL WORK APPROVED ALL PRIOR PAYMENTS BALANCE DUE Sincerely, City Engineer $ 46,573.60 $ 3,326.75 $ 49,900.35 $ 46,492.45 ($ 41,561.03) $ 4,931.42 CITY COUNCIL LETTER Meeting of: 7/27/98 AGENDA S~CTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: FINAL PAYMENT FOR JOINT AND CRACK BY: K. Young ~~ BY: SEALING ~t ,, ~ DATE: 7/23/98~ DATE: Background: The Contractor has completed the 1998 Pavement Joint and Crack Sealing work. The work consisted of crack sealing pavements prior to seal coat, as well as several pavements in Zone 2 constructed in recent times, prior to last year. A deduction was made for clean-up work the contractor elected not to do. Analysis/Conclusions: x~ Staff is recommending approval of final payment to Northwest Asphalt Maintenance and acceptance of the work. A copy of the final payment voucher and the Engineer's Acceptance Report is attached. Recommended Motion: Move to accept the work for 1998 Pavement Joint and Crack Sealing, Municipal Project #980 IA; and, authorize final payment of $43,888.00 to Northwest Asphalt Maintenance Inc. of Goodridge, Minnesota. ~q~b 98-245 Attachment: Invoice Engineer's Acceptance Report COUNCIL ACTION: INVOICE SOLD TO: NORTHWEST ASPHALT MAINTENANCE, INC. R.R. 2 BOX 172 GOODRIDGE, MN. 56725 (218) 378-4298 FAX (218) 378-4672 CITY OF COLUMBIA HEIGHTS 637 38TH AVE. N.E. COLUMBIA HEIGHTS, MN 55421-3806 INVOICE NO: 8175 INVOICE DATE: 7 / 10 / 98 Customer ID: CITYCOLUMB!AHEIGHT S Customer PO Sales Rep ID Payment Terms Net 30 Days Due Date 8/9/98 8175 RUBBERIZE CRACK SEAL VARIOUS CITY STREETS AS DIRECTED- INSTA.LL AT LEAST 24,000 KG ~ $1.85/KG 44,4OO.O0 NOTE: iC-134 FORM TO FOLLOW RECEIVED JUL 1 1998 PUBLIC WORKS THANK YOU FOR YOUR BUSINESS TOTAL 44,400.00 July 20, 1998 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE PAVEMENT JOINT AND CRACK SEALING PROGRAM MUNICIPAL PROJECT NUMBERS 9801(A) TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Northwest Asphalt Maintenance, Inc. The work consisted of crack sealing pavements prior to seal coat, as well as several pavements in Zone 2 constructed in recent times, prior to last year. The deduction is for clean-up work the contractor elected not to do. The contractor has completed the project in accordance with the contract. It is recommended, herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT FINAL WORK APPROVED ALL PRIOR PAYMENTS DEDUCTIONS $ 44,400.00 $ o.oo $ 44,400.00 $ 44,400.00 ($ 0.00) ($ 512.00) BALANCE DUE Sincerely, City Engineer $ 43,888.00 CITY COUNCIL LETTER Meeting of: July 27, 1998 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. 4 POLICE APPROVAL: ITEM: Application for one Time Gambling BY: M. Dugdale ~ BY: NO. Request by East River Hockey Association DATE: July 14, 1998 ~r~, DATE: Attached is an application from the East River Hockey Association seeking authorization to conduct a one-time bingo event on August 8 and 9, 1998, at the Church of the Immaculate conception, 4030 Jackson Street N.E. Since the organization satisfies the City Council's resolutions regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the East Rive Hockey Association at the Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights on August 8 and 9, 1998; and furthermore, that the City Council hereby waives the remainder of the thirty day notice to the local governing body. 98-242 Attachment COUNCIl. ACTION: Minnesota Lawful Gambling Application for Exempt Permit - LG220 Organization Information For Board Use OnJy Fee Paid Check No. Initials Received ! / Organization name East Rive[' Hockey Assn. Previous lawful gambling exemption number Street City P.O. Box 21547 Mpls. State/Zip Code County MN 55421 Anoka Name of chief executive officer (CEO) of organization First name Last name Daytime phone number of CEO: ( Name of teasurer of organization First name Type of Nonprofit Organization Last name Daytime phone number of treasurer. ( ~,17._ ) ~,5"-~- l ~ ! G Check the box that best describes your organization: [] Fraternal C-'l Religious [] Veteran ~ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: [] IRS letter indicating income tax exempt status [] Certificate of Good Standing from the Minnesota Secretary of State's Office [] A charter showing you are an affiliate of a parent nonprofit organization [] Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Immaculate Conception Church Address (do not use PO box) City State/Zip Code County 4030 Jackson Street NE~ Columbia Heights MN 55421 Anoka Date(s) of activity (for raffles, indicate the date of the drawing) August 8 and 9, 1998 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: *Bingo[] Raffles [] *Paddlewheels []*Pulp Tabs *'ripboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in altemative format (i.e. large print, Braille) upon request. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Page 1 of 2 3/98 INTERNAL REVENUE SERVICE DISTRICT DIRECTOR P O BOX A-3290 DPN 22-2 CHICAGO, IL 60690 EAST RIVER HOCKEY ASSOCIATION INC 1660 KRISTIN COURT FRIDLEY, M~ 55432 DEPARTMENT OF THE TREASURY Employer identification Number: 41-1647629 Case Number: 364354056 Contact Person: RUTHANN WATTS Contact Telephone Number: (414) 798-8587 Addendum Applies: No Dear Applicant: Based on the information you recently submitted, we have classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Internal Revenue Code because you are described in sections 509(a)(1) and 170(b)(1)(A)(vi). Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in 501(c)(3) is still in effect. This classification is based on the assumption that your operations will continue as you have stated. If your sources of ~-upport, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. Th_ts supersedes our letter dated August 15, 1994. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on t/~s determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your los~ of such Status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help reso'lve any questions about your private foundation status, you should keep it in your permanent records. Letter 1078 (DO/CG) EAST RIVER HOCKEY ASSOCIATION INC -2- If you have any questions, please contact the person whose name and telephone number are shown above. /~incerety yours, Marilyn Day District Director Letter 1078 (DO/CG) KE$0LUTION NO. 88- 42 BEING A P~ESOLUTiON AUTH0.~IZING CE.~TAiN CF-%.~ITABLE G^~.~LiNG F-XE~3TIONS IN THE CITY OF COLU%~BIA HEIGHTS BE IT ~SOLVED by the Cit7 of Columbia Eeights that charitabl~ gambling exemptions will be granted to bona fide charitable organizations provided, however, t. hat the following re~uiremen:s are me~: 1. The organization wishinE to gamble obtains =he permission of the ~innesota Charitable GamblinE Control Board. 2. T~e organization wishing to gamble obtains the permission of the Columbia Heights City Council. The organi=ation wishing to conduct gambling has been in existence in Columbia Eeigh=s for no: less than ten (10) years and is a non-profit organize:ion as determined by the Internal Revenue Service and/or the H~nesota Secretar~ of State. Organizations ~'wishing to gamble and have been in existence in Columbia Heights for nog less than ten (10) years will be granted five (5) exemptions per year. Organizations wishin~ to gamble, but have not been in existence in Columbia Heights for not less than ten (!0) years will be granted one (i) exemption per year. The organization wishing to conduct gambling must indicate the value of prizes by categor~ to be a~arded; such information shall be provided at the =ime of application. The organization wishin~ to gamble does not pay, and the proprieto~ of t. he licensed premises does no: receive, rent in excess of $!00,00 per event or other remuneration for permitting the gambling activity or device to be located on =he licensed premises. The organizatiou shall remit a non-waiva5!e, non-prorated, non-refundable license fee based upon the following schedule: Class A and Class B licenses . . . .. $!00 Class C and Class D licenses .... $ 25 N0~, TEE~FOP~, BE IT P~E$0LVED that this resolution shall =aka effect on July 1, 1988, and shall replace Resolution 88-07. Passed the 9nh day of May, 1988. .. Offered By: Peterson' Seconded By: Pe~koff Roll Call: All ayes Uo-An~e SZudent, Council Secre=a:7 Dale V. Eadtrath, Hayor EAST RIVER HOCKEY ASSOCIATION, INC. P,O. BOX 21547 COLUMBIA HEIGHTS, MN 55421 ~-. PAY ~ ' ... ~°.~.~o~ ~,,C.,~J'~ ~- ~--___~_~,,-,~d,-,.~- .,,~..~~ , - . ......_~,.,.,.,. .... ,.,, ..... · .,... ...... .~. ........ .... -, .,- --, .-,._.,--..-_,.-., &.-.,~,,.,, ,,,,.~.,..,, ..... .. -,t:o. "--'..'-'"-?'- ," ..".cT'':-~ ,"--'-:--'.' ' '~.LF '?:"- ::"-': '~'-':.:'-::-.'.:-::': '~~?"'~ !"' '~".' :. ':,' .. :i.:' _ '"~ .' .":ob :~r:.~.O,: '-,.,:o~ ~,odo~, ~' 2,: :.? :!' --':'..::'--' :.=.: :':.'. :.? :: '~ ........... :f..,: !".:':::::..;: :¥::: .: ....... ::~..i':.::?-:Lx~ .,: .::; .'.:.:.%:!-%?..! ~:-::..: The Church of the Immaculate Conception July 14, 1 998 The East River Hockey Association will not pay more than $100 for the use of Immaculate Conception Church facilities at the annual Fun Fest taking place August 8 and 9, 1 998. 4030 Jackson Street Northeast, Columbia Heights, Minnesota 55491 (612) 788-9062 CITY COUNCIL LETTER I AGENDA SECTION: Consent NO. ITEM: Block Party Request: Tracy F .e,)ron BY: M. Dugdale NO. 4457 Van Buren Street N.E. ,~', t~ DATE: July 21, 1998 ORIGINATING DEPARTMENT POLICE Meeting of: July 27, 1998 CITY MANAGER APPROVAL: BY: DATE: Attached is a block party request from Tracy Fearon, 4457 VanBuren Street N.E., to conduct a block party on Tuesday, August 4, 1998, National Night Out, from 6:00 p.m. to 8:30 p.m., with barricades blocking off Van Buren Street between 44~ Avenue and 45th Avenue. RECOMMENDED MOTION: Move to approve the request of Tracy Fearon, 4457 Van Buren Street N.E., to block off Van Buren Street between 44th Avenue and 45th Avenue for a block party between 6:00 p.m. and 8:30 p.m. on August 4, 1998. 98-258 Attachment COUNCIL ACTION: RECEIVED BLOCK PARTY REQUEST REQLriKING STREET TO BE BLOCKED JUL 2 1'98 POLICE D~-PART~viENT REQUESTOR' S NA.ME :~~ ~5., '-N DATE OF EVENT. TIME STREET SHOULD BE BLOCKED STREETS THAT SHOULD BE BLOCKED: NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETUR_NED TO THE COLUMBIA HEIGHTS POLICE DEPARTMENT, POLICE CIffIEFS OFFICE, 559 MTrJ. STREET N.E., COLUM]3IA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. CITY COUNCIL MEETINGS .iRE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. ******** *********************************************** IF YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CIqTIq~F'S SECRETARY AT 782-2845. CITY COUNCIL LETTER Meeting of: July 27, 1998 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. ~ POLICE APPROVAL: ITEM: Block Party Request: St. Matthew's NO. Lutheran Church, 4101 Washington St. NE BY: M. Dugdale DATE: July 14, 1998 BY: DATE: Attached is a block party request from Darlene Buboltz for St. Matthew Lutheran Church at 4101 Washington Street N.E. to conduct a block party on August 4, 1998 (National Night Out) from 6:00 p.m. to 9:00 p.m., with barricades blocking off Washington Street N.E. from 41st Avenue N.E. to 42na Avenue N.E. RECOMMENDED MOTION: Move to approve the request of Darlene Buboltz for St. Matthew Lutheran Church, 4101 Washington Street N.E., to block offWashington Street N.E. from 41st Avenue to 42na Avenue N.E. from 6:00 p.m. to 9:00 p.m. on Tuesday, August 4, 1998, National Night Out. TMJ:mld 98-241 Attachment COUNCIL ACTION: BLOCK PARTY REQUEST REQLTitL~G STREET TO BE BLOCKED REQUESTOR'S NAME:A'~ ~...,~.~,,9,~.~ R.EQUESTOR' S ADDRESS: DATE OF EVENT' TIME STREET SHOULD BE BLOCKED STREETS THAT SHOULD BE BLOCKED: NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETURNED TO THE COLUMBIA HEIGHTS POLICE DEPARTMENT, POLICE CHIEF'S OFFICE, 559 M'TI'J~ STREET N.E., COLUMBIA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. CITY COUNCIL MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTTFIED IF YOUR REQUEST HAS BEEN APPROVED. ****************************************************************************** IF YOUHAVEQUESTIONS, PLEASE CONTACT THEPOLICE CHIEF'S SECRETARY AT 782-2845. BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED REQUESTOR'S NAME: REQUESTOR'S ADDRESS: /7/~ e~ DATE OF EVENT: TIME STREET SHOULD BE BLOCKED ~©O a*n,l~.PP.M. TO ~ ] ~ L9 .~ZP.M. STREETS THAT SHOULD BE BLOCKED: NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETURNED TO THE COLUIVIBIA HEIGHTS POLICE F' DEPARTMENT, .POLICE CI--IIF, S OFFICE, 559 Mil ,T, STREET N.E., COLUMBIA HEIGHTS, MN 55421. TH2S FORM MZTST BE RECEDED BY THE CITY ON THE MONDAY PRECEDLNG A CITY COUNCIL MEETLNG. CITY COUIN'CIL MEETL-NGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. ****************************************************************************** IF YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CHIF, F'S SECRETARY AT 782-2845. CITY COUNCIL LETTER Meeting of: July 27, 1998 AGENDA SECTION: Consent NO. ~ ITEM: Block Party Request: Ruth Graham NO. 625 47th Avenue N.E. ~ ,,, ~ ORIGINATING DEPARTMENT POLICE BY: M. Dugdale 7~f" DATE: July 20, 1998 CITY MANAGER APPROVAL: BY: DATE: Attached is a block party request from Ruth Graham, 625 47* Avenue N.E., to conduct a block party on Tuesday, August 4, 1998, National Night Out, from 6:30 p.m. to 9:00 p.m., with barricades blocking offthe cul-de-sac at the top of the hill west from Monroe and 47~ Avenue N.E. (Sketch on attachment). RECOMMENDED MOTION: Move to approve the request of Ruth Graham, 625 47th Avenue N.E., to block off the cul-de-sac at the top of the hill west from Monroe and 47th Avenue N.E. for a block party between 6:30 p.m. and 9:00 p.m. on August 4, 1998. 98-255 Attachment COUNCIL ACTION: BLOCK PARTY REQUEST REQUESTOR'S NAME: REQUIRING STREET TO BE BLOCKED REQUESTOR'S ADDRESS: STREET SHOULD BE BLOCKED ~ ~' I~ ~;~.~.M. TO ~f~ ~;~P.M. THIS FORM MUST BE SIGNED AND RETURNED TO THE COLUMBIA HEIGHTS POLICE DEPARTMENT, POLICE CHIEF'S OFFICE, 559 Mil ,1', STREET N.E., COLUMBIA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. CITY COUNCIL MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. IF YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CHIEF'S SECRETARY AT 782-2845. Ruth Wiley Graham '-- 625 47th Avenue N.E. .... Columbia Height, 55421-2364 CITY COUNCIL LETTER Meeting of: July 27, 1998 AGENDA SECTION: Consent NO. .I~ ITEM: Block Party Request: Edwin Eaton NO. 4908 Sixm Street N.E. ~ -.- j ORIGINATING DEPARTMENT POLICE BY: M. Dugdale DATE: July 20, 1998 CITY MANAGER APPROVAL: BY: DATE: Attached is a block party request from Edwin Eaton, 4908 Sixth Street N.E., to conduct a block party on Tuesday, August 4, 1998, National Night Out, from 5:30 p.m. to 8:30 p.m., with barricades blocking off Sixth Street between 49th Avenue and 50th Avenue. RECOMMENDED MOTION: Move to approve the request of Edwin Eaton, 4908 Sixth Street N.E., to block off Sixth Street between 49t~ Avenue and 50th Avenue for a block party between 5:30 p.m. and 8:30 p.m. on August 4, 1998. 98-256 Attachment COUNCIL ACTION: REQUESTOR'S NAME: BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED REQUESTOR'S ADDRESS: DATE OF EVENT: TIME STREET SHOULD BE BLOCKED STREETS THAT SHOULD BE BLOCKED: A.M./P.M. TO ~ '. ~3 6 A.M./P.M. NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETURNED TO THE COLUMBIA HEIGHTS POLICE DEPARTM]ENT, POLICE CIq'I~F'S OFFICE, 559 MI1 .r. STREET N.E., COLUMBIA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. CITY COUNCIL MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. IF YOU/~I4AVE QUESTIONS, PLEASE CONTACT THE POLICE CI--IIF. F S SECRETARY AT 782-2845. CITY COUNCIL LETTER Meeting of: July 27, 1998 AGENDA SECTION: Consent NO. ~ ITEM: Block Party Request: Kay May~ NO. 2115 Highland Place ~ ~ ORIGINATING DEPARTMENT POLICE BY: M. Dugdale DATE: July 20, 1998 CITY MANAGER APPROVAL: BY: DATE: Attached is a block party request from Kay Mayer, 2115 Highland Place, to conduct a block party on Tuesday, August 4, 1998, National Night Out, from 6:30 p.m. to 8:30 p.m., with barricades blocking off Highland Place. RECOMMENDED MOTION: Move to approve the request of Kay Mayer, 2115 Highland Place, to block off Highland Place for a block party between 6:30 p.m. and 8:30 p.m. on August 4, 1998. 98-252 Attachment COUNCIL ACTION: BLOCK PARTY REQUEST REQLrIRING STREET TO BE BLOCKED REQUESTOR'S NA_ME: ~.~ ~/~/L~ TIIVIE STREET SHOULD BE BLOCKED STREETS THAT SHOULD BE BLOCKED: NOTE: (ATTACH MAP IF NECESSARY) TH~S FORM MUST BE SIGNED AND RETLrR_NED TO THE COLUMBIA HEIGHTS POLICE DEPARTMENT, POLICE CHYEF'S OFFICE, 559 Mil .T. STREET N.E., COLUMBIA HEIGHTS, MN 55421. T~S FOP~,/I ~,,,~o~ ,n- rc,,-~, BE P, ECErVED BY THE CITY ON T!42E MON'DA.Y PRECEDLNG A C_.rTY COUNC1L MEETING. CITY COUNCIL MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. ****************************************************************************** IF YOUHAVEQUESTIONS, PLEASE CONTACT THEPOLICE CI-IYF~F'S SECRETARY AT 782-2845. CITY COUNCIL LETTER Meeting of: July 27, 1998 AGENDA SECTION: Consent NO. d~ ITEM: Block Party Request: Kathryn Bixler NO. 3708 2nd Street N.E. ~f,, ~ ORIGINATING DEPARTMENT POLICE BY: M. Dugdale DATE: July 20, 1998 CITY MANAGER APPROVAL: BY: DATE: Attached is a block party request from Kathryn Bixler, 3708 2na Street N.E., to conduct a block party on Tuesday, August 4, 1998, National Night Out, from 5:00 p.m. to 10:130 p.m., with barricades blocking off 2nd Street from 37th Avenue to 38~ Avenue N.E. RECOMMENDED MOTION: Move to approve the request of Kathryn Bixler, 3708 2n~ Street, to block off 2nd Street from 37~ Avenue to 38~ Avenue for a block party between 5:00 p.m. and 10:00 p.m. on August 4, 1998. 98-254 Attachment COUNCIL ACTION: BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED TIME STREET SHOUI2) BE BLOCKED STREETS THAT SHOULD BE BLOCKED: NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETUKNED TO THE COLI. YMBIA HEIGHTS POLICE DEPARTMENT, POLICE CFrfl:F'S OFFICE, 559 MIIL STREET N.E., COLUMB~ HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY TI-{E CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. CITY COLrNCIL MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WIIL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. IF YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CHIEF'S SECRETARY AT 782-2845. CITY COUNCIL LETTER Meetin~ of: July 27, 1998 AGENDA SECTION: Consent NO. ITEM: Block Party Request: Lisa Hartwig NO. 4058 Quincy Street N.E. ~ -- i~ ORIGINATING DEPARTMENT POLICE BY: M. Dugdale DATE: July 20, 1998 CITY MANAGER APPROVAL: BY: DATE: Attachecl is a block party request from Lisa Hartwig, 4058 Quincy Street N.E., to conduct a block party on Tuesday, August 4, 1998, National Night Out, from 6:00 p.m. to 8:30 p.m., with barricades blocking off Quincy Street from 40t~ Avenue to 41~t Avenue. RECOMMENDED MOTION: Move to approve the request of Lisa Hartwig, 4058 Quincy Street N.E., to block off Quincy Street from 40t~ Avenue to 41st Avenue for a block party between 6:00 p.m. and 8:30 p.m. on August 4, 1998. 98-253 Attachment COUNCIl ~ ACTION: BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED REQUESTOR'S NAME: REQUESTOR' S ADDRESS: DATE OF EVENT: TIME STREET SHOULD BE BLOCKED STREETS THAT SHOULD BE BLOCKED: NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGN-ED AND RETURNED TO THE COLUMBIA HEIGHTS .POLICE DEPARTMENT, POLICE CHIEFS OFFICE, 559 MILL STREET N.E., COLUN~IA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. CITY COUNCIL MEETINGS .iRE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. IF YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CI-rrFF'S SECRETARY AT 782-2845. CITY COUNCIL LETTER Meeting of: July 27, 1998 AGENDA SECTION: ORIGINATING CITY NO. 4 Consent Agenda DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: Establish Council Work Sessions I BY: J. Student BY: '~-~'~ DATE: July 23, 1998 DATE: MOTION: MOVE TO ESTABLISH MONDAY, AUGUST 17, 1998 AND MONDAY, AUGUST 31, 1998 AT 7:00 P.M. AS DATES AND TIMES FOR COUNCIL WORK SESSIONS. COUNCIL ACTION: CITY COUNCIL LETTER Meetin~ of: July 27, 1998 AGENDA SECTION: Consent NO. q ITEM: Block Party Request: Mis. sy Lee NO. 4219 4t~ Street N.E. '~ ORIGINATING DEPARTMENT POLICE BY: M. Dugdale DATE: July 22, 1998 CITY MANAGER APPROVAL: BY: DATE: Attached is a block party request from Missy Lee, 4219 Fourth Street N.E., to conduct a block party on Tuesday, August 4, 1998, National Night Out, from 6:00 p.m. to 8:30 p.m., with barricades blocking off Fourth Street between 42nd Avenue and 43~ Avenue. RECOMMENDED MOTION: Move to approve the request of Missy Lee, 4219 Fourth Street N.E., to block off Fourth Street between 42nd Avenue and 43r~ Avemue for a block party between 6:00 p.m. and 8:30 p.m. on August 4, t998. 98-261 Attachment COUNCIl. ACTION: BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED REQUESTOR'S NAM]E: RECEIVE NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETUR_NED TO ~ COLIYMBIA HEIGHTS POLICE DEPARTMENT, POLICE CHIEF'S OFFICE, 559 MIl .1, STREET N.E., COLUMBIA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. CITY COUNCIL MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. IF YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CHIEF'S SECRETARY AT 782-2845. CITY COUNCIL LETTER Meetin~ of: July 27, 1998 AGENDA SECTION: Consent NO. ~ ITEM: Block Party Request: Germaine NO. Petersom 1348 Buchanan Place N.E. ORIGINATING DEPARTMENT POLICE BY: M. Dugdale DATE: July 22, 1998 CITY MANAGER APPROVAL: BY: DATE: Attached is a block party request from Germaine Peterson, 1348 Buchanan Place N.E., to conduct a block party on Tuesday, August 4, 1998, National Night Out, from 6:00 p.m. to 8:30 p.m., with barricades blocking off Buchanan Place. RECOMMENDED MOTION: Move to approve the request of Germaine Peterson, 1348 Buchanan Place, to block off Buchanan Place for a block party between 6:00 p.m. and 8:30 p.m. on August 4, 1998. 98-262 Attachment COUNCIL ACTION: REQUESTOR'S NAME: BLOCK PARTY REQUEST REQUIR_ING STREET TO BE BLOCKED RECEIVEL STREETS THAT SHOULD BE BLOCKED: dox --' loc Y----- NOTE: (ATTACH MAP IF NECESSARY) ~S FO~ ~ST BE SIG~D ~ ~~D TO DEP~~~, POM~ C~FS O~CE, 559 ~S FO~ ~ST ~E ~CE~D ~Y ~ C~ ON ~ MO~AY P~CED~G A C~ CO~C~ ~E~G. C~ CO~C~ ~E~GS FO~ MORAYS OF EACH YOU WILL BE NOTIFIED IF YOJ~ REqUEST HAS BEEN APPROVED. IF YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CHIEF'S SECRETARY AT 782-2845. :BF;,'C:: F:']:I',hq!'.IC]:AI_. 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Three-Way Excavating Gregg Werner Plumbing LOCATED AT 2415 Annapolis Ln. N. 6400 Central Ave. 7916- 73'd Ave. N. P.O. Box 130788 12315- 61't Ave. N. 614 Como Ave. 5151 Edina Industrial Blvd. 1427 Old West Main 9331 - 64'" St. 431 Mississippi .FEES 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 POLICE DEPT. CLUB ON SALE SINGLE EVENT BEER *Immaculate Conception Church C/O Jane Bona 4030 Jackson Street For FunFest, August 8-9, 1998 REQUEST FEES BE WAIVED POLICE DEPARTMENT TEMPORARY GAMES OF SKILL *Immaculate Conception Church C/O Jane Bona 4030 Jackson Street 8 machines for FunFest, August 8-9, 1998 REQUEST FEES BE WAIVED TREE SERVICES PUBLIC WORKS DIRECTOR *One, Two, Tree, Inc. 18547 Lakeview Pt. Dr. ~ 50.00 CITY COUNCIL LETTER Meetin~ of: July 27, 1998 AGENDA SECTION~oNSENT AGENDA ORIGINATING DEPARTMENT CITY MANAGER NO. ~ CIVIL DEFENSE APPROVAL: ITEM: Police & Fire Reserve Appreciation BY: M. Dugdale ~ BY: NO. Event ~f ~ DATE: July 22, 1998 DATE: Background Each year the City Council has hosted an annual appreciation night for members of the Civil Defense Police and Fire Reserve Units and their guests. Plans are now being finali?ed for the 1998 appreciation event. Council action is required to spend money necessary for advance reservations, etc. There are funds available in the Recognition/Special Events budget fund 101 Department 45050. RECOMMENDED MOTION: Move to authorize the expenditure of up to $3,360 from the Special Events budget to host an annual appreciation night for the Fire and Police Reserve Units, and that the Mayor and City Manager are authorized to enter into contracts as needed for this event. CD98-20 COUNCIL ACTION: AGENDA. tSECTION: Consem NO. ITEM: Block Party Request: Brian Pardun NO. 4328 McLeod Street N.E. ~ [~' CITY COUNCIL LETTER Meeting of: July 27, 1998 ORIGINATING DEPARTMENT CITY MANAGER POLICE APPROVAL: BY: M. Dugdale BY: DATE: July 22, 1998 ~ DATE: l Attached is a block party request from Brian Pardun, 4328 McLeod Street N.E., to conduct a block party on Saturday, August 15, 1998, from 2:00 p.m. to 8:0 p.m., with barricades blocking off McLeod Street from 43ra Avenue to 44th Avenue. RECOMMENDED MOTION: Move to approve the request of Brian Pardun, 4328 McLeod Street N.E., to block off McLeod Street for a block party between 2:00 p.m. and 8:0 p.m. on August 15, 1998. 98-263 Attachment COUNCIL ACTION: REQUESTOR'S NAME: REQUESTOR'S ADDRESS: DATE OF EVENT: BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED TIME STREET SHOUL.D BE BLOCKED STREETS THAT SHOULD BE BLOCKED: NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETUR_NED TO THE COLUMBIA HEIGHTS POLICE DEPARTMENT, POLICE CHIEF'S OFFICE, 559 MI1 .L STREET N.E., COLUMBIA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY TI-IE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. crrY COUNCIL MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. ~o~ ~ ~. ~o~.~: ~o~~u~s~ ~,~ ~ v~i~. IF YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CHII:r~F'S SECRETARY AT 782-2845. CITY COUNCIL LETTER Meeting of: July 27, 1998 AGENDA SECTION: ORIGINATING CITY NO. 4 Consent Agenda DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: Block Party Request - C. Alonzo, 1332 45 ½ BY: J. Student BY: Avenue ~,~ ~' DATE: July 24, 1998 DATE: Attached is a block party request from Cheryl Alonzo, 1332 45 ½ Avenue, to conduct a block party on Tuesday, August 4, 1998, National Night Out, from 6:00 p.m. to 8:30 p.m. with barricades blocking off45 ½ Avenue at Fillmore Street. RECOMMENDED MOTION: Move to approve the request of Cheryt Alonzo, 1332 45 ½ Avenue, to block off 45 ½ Avenue at Fillmore Street, from 6:00 p.m. to 8:30 p.m. for a block party on August 4, 1998. COUNCIL ACTION: BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED C t STO .'S Ar, D SS: Ti]ME STREET SHOULD BE BLOCKED STREETS THAT SHOULD BE BLOCKED: A.M .~. TO NOTE: (ATTACH MAP Il::: NECESSARY) THIS FORM MUST BE SIGNED AND RETURNED TO THE COLUMBIA HEIGHTS POLICE DEPARTMENT, POLICE CHIEF'S OFFICE, 559 MTLL STREET N.E., COLUM]3IA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A crr'Y COUNCrr~ MEETING. CITY COUNCIl. MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. IF YOUHAVEQUESTIONS, PLEASE CONTACT THEPOLICE CHIEF'S SECRETARY AT 782-2845. MB arrest of one party and the identity of all suspects inVOlved. Because Ms. Guzek Cotumbm Heights Police Department ~s presenting them w~th the. departments while on routine officers determined that she was lost and disoriented. The officers mediately CITY COUNCIL LETTER Meeting of July 27, 1998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER 1~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: July 22, 1998 DATE: No: 98- q' °/ Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Anthony Wiiczek regarding rental property at 3935 Tyler Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENT)ED 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-/~0, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) ofthe Rental License held by Anthony Wilczek Regarding Rental Property at 3935 Tyler Street. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORD~?ANCE CODE SECTION 5A.408(t) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY ANTHONY WILCZEK (HEREINAFTER "LICENSE HOLDER"). WHEP~AS, LICENSE HOLDER IS THE LEGAL. OWNER OF THE REAL PROPERTY LOCATED AT 3935 TYLER STREET, COLUMBIA HEIGHTS, MINNESOTA, ANrD WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES .~ND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN' WAS GIVEN TO THE LICENSE HOLDER ON JUNE 17, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 27, 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 1, 1998, Charlie Kewatt, Enforcement Officer for the City of Columbia Heights, mailed by regular mail a relicensing application and a notice to schedule an annual inspection to the owner of the property at 3935 Tyler Street. 2. That on April 21, 1998, a second notice to schedule an annual inspection and a notice of late relicensing application was sent by regular mail to the owner's address of 3935 Tyler Street. 3. That on May 14, 1998, it was noted that the owner of the property had not yet called and scheduled an inspection for the property and had not returned the relicensing fee and application. A final notice was sent certified by certified mail to the owner's address of 3935 Tyler Street. 4. That on June 15, 1998, shortly after the mailing of the notice the owner called the Fire Department's Housing Maintenance Code office and set up an inspection for June 16, 1998 at 2:00pm. 5. That on June 16, 1998, Gau' Gorn~an, Inspector for the City of Columbia Heights, was present to inspect the property at 3935 Tyler at 2:00pm and no one was there to let the inspector into the rental unit. 6. That on June 17, 1998, a Statement of Cause and Notice of Revocation Hearing was mailed by certified mail to the owner's address at 3935 Tyler Street. Copies of the notices were sent by certified mail to the tenants at 3935 Tyler Street also. 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 SCHEDULE AN ANNUAL INSPECTION B. FAILURE TO SUBMIT A RELICENSING APPLICATION AND FEE OF $22.50 C. FAILURE TO SUBMIT THE NO-SHOW INSPECTION FEE OF $40.00 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 COL.WCIL 1. That the building located at 3935 Tyler 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 F2308 is hereby revokect/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a cop3, of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: DAY OF AYES: NAYS: ,19m CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COL.rNCIL LETTER Meeting of July 27, 1998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENW: CITY MANAGER ~ Fire APPROV.aX, NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: Jul)' 21, 1998 DATE: No: 98- '/' g}° Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 5141 University Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-/,,t, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-./~_/_, 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 Bennie Rozman Regarding Rental Property at 5141 University Avenue. COLrNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBL, k HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZI~L4aN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL Ox3,~'-ER OF THE REAL PROPERTY LOCATED AT 5141 UNIVERSITY AVENUE, COLL¢'IBIA HEIGHTS, MINDq-ESOTA, ANrD \krI'-IEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WR/TTEN NOTICE SETTING FORTH THE CAUSES ANT) REASONS FOR THE PROPOSED COL~CIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PLrBLtC HEA_RING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, ANrD A_I.L ORDINANCES ANT) REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COU.~CIL OF THE CITY OF COLL~{BIA HEIGHTS MAKES THE FOLLO'~G: FINDINGS OF FACT 1. That on Jul)' 22, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 30, 1997, Jotm Larkin and R/ch Hinrichs, inspectors for the Ci~' of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 5, t 997, R/ch Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. No ovrner or ov, mer representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checldng off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. CITY COUNCIL LETTER Meeting of July 27. 1998 AGENDA SECTION: Resolutions,'Ordinances ORIGINATING DEPARTMENT: CITY MANAGER ~,1 Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: Jul5' 21, 1998 DATE: NO: 98- ~ "d ' .~ Revocation ' ~ ~ of thc license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 5131 University Avenue 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-/eJ.., Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant lo Ordinance Code Section 5A.408(1 ) of'the Rental License held by Bennie Rozman Regarding Rental Property at 5131 University Avenue. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLU'MBIA HEIGHTS APPROVING REVOCATION PUnRSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WTr-tEREAS, LICENSE HOLDER IS THE LEGAL OV~,~ER OF THE REAL PROPERTY LOCATED AT 5131 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND 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 JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 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 MAI. CES THE FOLLO\V[NG: FINDINGS OF FACT 1. That on July 22, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. '2. That on October 30, 1997, John Larkin and Rich Hinrichs, inspectors for the City o£ Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 5, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Unitbrm Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 5. That on June 10, 1998, Rich Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City, performed a reinspection of all common areas and all individual units with outstanding violations. Inspector Hinrichs and Chief Kewatt found all violations corrected to their satisfaction. 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. F)dLU~ TO SUBMIT A REINSPECTION FEE OF $150.00 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(15 and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 5131 University Avenue 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 an)' other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and per/ods of appeal as relating to the license holder, owner, occupant, or tenant, as the case ma5' 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 m~d identified by license number 55131 is hereby revokect;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 from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS 27TM DAY OF JULY, 1998. MOTION BY: SECONDED BY: ROLL CALL: STU-RDEVANT RUETTIMANN ALL AYES ATTEST: CITY OF COLUMBIA HEIGHTS JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 27, 1998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER ~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation NO: 98- ~'~ '1~' ~ DATE: Jul,,,' 21, 1998 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 5121 University Avenue 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. RECOMMENT)ED MOTION: Move to adopt Resolution No. 98-.k~; 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 Bennie Rozman Regarding Rental Property at 5121 UniYePsiD' Avenue. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBUk HEIGHTS APPROVING REVOCATION PU-RSUA~N~f TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZM.4~N (HEREINAFTER "LICENSE HOLDER"). ~,knrIEREAS, LICENSE HOLDER IS THE LEGAL O~k~qiR OF THE REAL PROPERTY LOCATED AT 5121 UNIVERSITY AVENUE, COLU~{BIA HEIGHTS, MINNESOTA, AND ~¥'HEREAS, PURSUANT TO COLUq~BIA HEIGHTS CODE SECTION 5.104(1)(A), '~¥TdTTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GiWEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE W'ITH THE FOREGOING, .AND ALL ORDINANCES AND REGL~.ATIONS OF THE CITY OF COLU~{BIA HEIGHTS, THE CITY COL%'CIL OF THE CITY OF COLL~IBIA HEIGHTS MAKES THE FOLLOWING: FINqDINGS OF FACT 1. That on July 22, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2 That on October .> ,J, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. Ali of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail To the owner of the property listed on the Rental Housing License Application. 3. That on December 5, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Him-ichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. CITY COUNCIL LETTER Meeting of July 27, I998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEP~U~.TMENT: CITY MANAGER ~ Fire APPROVAL NO: iTEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Re vocation DATE: July 21, 1998 DATE: NO: 98- 9-,4 - Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4715 University Avenue lbr failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waixe the reading of Resolution No. 98-/,.~, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- b'¢, Resolution of the City Council the Cit,/of(olumbia Hei=hts Approving Revocation Pursuant to Ordinance Code Section 5A.408(i) of the Rental License held by Bennie Rozman Regarding Rental Property at 4715 University Avenue. COUNCIL ACTION: RESOLUTION 98- ~a q/ RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUNIBIA HEIGHTS APPROVING REVOCATION PL;TRSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OV,.~TR OF THE REAL PROPERTY LOCATED AT 4715 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MIN~'ESOTA, AND 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 JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NO\Y, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, ANrD ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CIT'I' OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FI'NDINGS OF FACT 1. That on July 22, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted nmnerous ','iolations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 30, I997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. Ail of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 5, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the cormnon areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas · ,',;ere corrected. 5. That on June 10, 1998, Rich Hinrichs, inspector for the City of Columbia Heights and Charles Kewatt, enforcement officer for the City performed a reinspection of all common areas and all individual units with outstanding violations. Inspector Hinrichs and ChiefKewatt found that the violations were corrected to their satisfaction. 6. That on December 22, 1997, R/ch Hi~zrichs, inspectors for the City of Columbia Heights, due to a complaint, performed a inspection of unit #104 of this building. The inspectors found three violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 7. That on FebruaD~ 12, 1998, Rich Hinrichs, inspectors for the City of Columbia Heights performed a reinspection of unit #104 of this building. Inspector Hinrichs noted that none of the violations were corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 8. That on March 24, 1998, Rich Hinrichs, inspector for the City of Columbia Heights performed a reJnspection of unit #104 of this building. Inspector Hinrichs r~oted that none of the violations were corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 9. 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 SUBMIT A REINSPECTION FEE OF $200.00 CONCLUSIONS OF COUNCIL 1. That the building located at 4715 UniversiD' Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That alt relevant parties and parties in interest have been duly served notice of this hearing, and an5; 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, oxxmer, 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 F4715 is hereby revoke&/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 from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS 27th DAY OF ,JULY ,i998 MOTION BY: SECOND BY: ROLL CALL; ALL ATTEST: RUETTIHANN STURDEVANT NAYS' AYES CITY OF COLUMBIA HEIGHTS, MIN,','N'ESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 27, 1998 AGENT)A SECTION: Resolutions/Ordinances ORIGENATING DEPARTMENT: CITY MANAGER t~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: July 21, 1998 DATE: NO: 98- ~'t~' ~ Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4707 University Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-/:,,1', there being ample copies available to the public. RECOMMENT)ED MOTION: Move to adopt Resolution No. 98- ~,t", 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 Bennie Rozman Regarding Rental Property at 4707 UniversiD~ Avenue. COLrNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSU.,-MNT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OV~rER OF THE REAL PROPERTY LOCATED AT 4'707 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MIN-N'ESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AN'D R_EASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE XXFITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COL. U~:IBIA HEIGHTS ,MAKES THE FOLLOWING: FINrDINGS OF FACT 1. That on Jul), 16, 1997, Rich HirMchs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the ov,,ner of the property at the address listed on the Rental Housing License Application. 2. That on November 14, 1997, John Larkin and Rich HirMchs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. Ali of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 30, 1997, Rich Hin_richs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. Inspectors were notified by the city attorneys' office that the owner was probably not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. No ortner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, R/ch Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the conunon areas of the building, checking off Minnesota Un/form Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. CITY COLrNCIL LETTER Meeting of July 27, .1998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMEN~i': CITY MANAGER I~ Fire APPROVAL NO: ITEM: Close Heating/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: July 2I, 1998 DATE: ,2- ,/ Revocation of the license to operate a rental unit xvithin the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4441University Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-/o~., there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-_~, Resolution of the CiD' Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Bennie Rozman Regarding Rental Properly at 4441 University Avenue. COLFNCIL 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 BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). Vv~r'IEREAS, LICENSE HOLDER IS THE LEGAL. OV~'ER OF THE REAL PROPERTY LOCATED AT 4441 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AzNrD \krI'-IEREAS, PLrRSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WPdTTEN NOTICE SETTING FORTH THE CAUSES .&ND REASONS FOR THE PROPOSED COLrNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE 13,qTH THE FOREGOING, .AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLL~IBIA HEIGHTS, THE CITY COLrNCIL OF THE CITY OF COLL~'IBIA HEIGHTS MAKES THE FOLLO\VING: FIN~DINGS OF FACT 1. That on July 16, 1997, Rich Hinr/chs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on November 14, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License ,Application. 3. That on December 30, 1997, R/ch Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, were present to perform a reinspection of the building. Inspectors were notified by the city attorneys' office that the owner was probably not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. No owner or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, perforn~ed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the o,amer of the property listed on the CITY COUNCIL LETTER Meeting of July 27, !998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY M.4~NAGER t~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: July 21, 1998 DATE: NO: 98- q ' ~ ' t~ Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4433University Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION' Move to waive the reading of Resolution No. 98-d,~, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-/,, ~, 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 Bennie Rozman Regarding Rental Property at 4433 UniversiD' Avenue. COLrNCIL 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 BENNIE ROZM.&N (HEREINAFTER "LICENSE HOLDER"). V,2-iEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4433 UNIVERSITY A'~rENUE, COLUMBIA HEIGHTS, MINNESOTA, AND \x?i-IEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), V?R_ITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PLrBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORD,~NCE W'ITH THE FOREGOING, ANT) ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COU.~CIL OF THE CITY OF COLUMBIA HEIGHTS MA.K_ES THE FOLLOX, VING: FINDINGS OF FACT 1. That on July 16, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia HeighTs, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on November 14, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 30, 1997, Rich Hinrichs and Chartie Kewatt, inspectors for the City of Columbia Heights, ,,,,'ere present to perform a reinspection of the building. Inspectors were notified by the city attorneys' office that the owner was probably not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. No ov, mer or owner representative showed up, and inspectors left the property. Compliance orders listing the outstanding violations and a billing statement for a $50.00 no-show fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. CITY COUNCIL LETTER Meeting of July 27, 1998 AGENT)A SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER ~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: July 21, 1998 DATE: NO: 98- ~" ~ ~' q Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4425Universit'v Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-/o~, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-~, 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 Bennie Rozman Regarding Rental Property at 4425 University Avenue. COUNCIl_ ACTION: PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: DAY OF AYES: NAYS: ,19 CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STUR.DEVANT MAYOR CITY COUNCIL LETTER Meeting of July 27, 1998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER ~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation NO: 98- ~' i~ ~' ~ ~ DATE: July 21, 1998 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4120 4th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-b~, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-/~fl, 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 Bennie Rozman Regarding Rental Property at 4120 4th Street. 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 BENNIE ROZMA_N (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4120 4TM STREET, COLUMBIA HEIGHTS, MINNESOTA, AND 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 JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES ANrD 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 July 14, 1997, Rich Hinrichs and John Lark/n, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 31, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 9, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, performed a reinspection of the common areas of the building. Inspectors were notified by the city attorneys' office that the owner was not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. The violations in the common areas were not corrected and inspectors were not able to get into individual units to recheck outstanding violations. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Himfichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Un/form Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: DAY OF ,19 AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA ATTEST: JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 27, 1998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER ~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: July 21, 1998 DATE: No: 98- '7" o t! Revocation of' the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4100 4th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-'7~, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- "Jr2, Resolution of the City Council of the City o£Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) o£the Rental License held by Bennie Rozman Regarding Rental Property at 4100 4th Street. 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 BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4100 4TM STREET, COLUMBIA HEIGHTS, MINNESOTA, AND 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 GlirEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 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: FINrDINGS OF FACT 1. That on Jul>' 14, 1997, Rich Hinrichs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 31, t 997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 9, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, performed a reinspection of the common areas of the building. Inspectors were notified by the city attorneys' office that the owner was not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. The violations in the common areas were not corrected and inspectors were not able to get into individual units to recheck outstanding violations. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: DAY OF ,19 AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 27, 1998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER ~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: July 21, 1998 DATE: NO: 98- o Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4060 4th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98-Q/, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98- ~ I, 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 Bennie Rozman Regarding Rental Property at 4060 4th Street. 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 RESDENTIAL RENTAL LICENSE HELD BY BENNIE ROZMAN (HEREiNAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4060 4TM STREET, COLUMBIA HEIGHTS, MINNESOTA, AND 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 JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 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 July 14, 1997, Rich Hirudchs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 31, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 9, 1997, Rich Hinrichs and Charlie Kewatt, inspectors for the City of Columbia Heights, performed a reinspection of the common areas of the building. Inspectors were notified by the city attorneys' office that the owner was not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. The violations in the common areas were not corrected and inspectors were not able to get into individual units to recheck outstanding violations. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hin.r/chs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Mirmesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were not corrected. Compliance orders listing the outstanding violations and a billing statement for PASSED THIS DAY OF ,19 MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of July 27, 1998 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER ~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt BY: Revocation DATE: July 21, 1998 DATE: No: 98- ° Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Bennie Rozman regarding rental property at 4050 4th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98?/2, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-'~j,, 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 Bennie Rozman Regarding Rental Property at 4050 4th Street. 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 BENNIE ROZMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4050 4TM STREET, COLUMBIA HEIGHTS, MINNESOTA, AND 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 GIYEN TO THE LICENSE HOLDER ON JUNE 26, 1998 OF A PUBLIC HEARING TO BE HELD ON JULY 13, 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 July 14, 1997, Rich Hinr/chs and John Larkin, inspectors for the City of Columbia Heights, noted numerous violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on October 31, 1997, John Larkin and Rich Hinrichs, inspectors for the City of Columbia Heights, went to the rental property address and did a reinspection. All of the violations listed in the compliance orders were not corrected. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 3. That on December 9, 1997, Rich Hin_richs and Charlie Kewatt, inspectors for the City of Columbia Heights, performed a reinspection of the common areas of the building. Inspectors were notified by the city attorneys' office that the owner was not going to be present to let inspectors into individual units and was refusing to comply by the City's search warrants. The violations in the common areas were not corrected and inspectors were not able to get into individual units to recheck outstanding violations. Compliance orders listing the outstanding violations and a billing statement for a $50.00 reinspection fee were mailed by regular mail to the owner of the property listed on the Rental Housing License Application. 4. That on April 27, 1998, Rich Hinrichs, inspector for the City of Columbia Heights, performed a reinspection of the common areas of the building, checking off Minnesota Uniform Fire Code violations. Inspectors were told through the city attorneys' office that we would not be allowed into individual units to recheck violations. Violations of the Fire Code in the common areas were corrected. ~ITY COUNCIL LETTER Meeting of: July 27, 1998 IAGENDA SECTION: ORIGINATING DEPARTMENT: OTHER 8US ~NESS LIBRARY BY: 1~I. Rebecca Loader~i I Following the June 8, 1998, City Council meeting, staff retained A.A.C. Roof Consulting, Inc. through RHA Architects, Inc.(see attached biography of consultant William Holman) to prepare specifications and perform other project duties as outlined in their proposal concerning replacement of the Library's roof. Specifications were prepared and reviewed by staff on June 17, advertisement for bids was published in the Focus of June 25, a pre- bid conference was held on June 29, and bids were opened on July 10. ~ITEM: LIBRARY ROOF PROJECT CITY MANAGER APPRqV~L ~ Based on the bids submitted (see attached bid tabulation form), the consultant (see attached memo from William Holman) and staff are recommending that Council accept the bid from Dalco Roofing for $86,237 (see attached description of scope of work). The bid does not include a price for disconnecting and connecting the mechanical systems on the rooftop, and estimates for this work range from $2,500 to $5,000 for which a separate purchase order will be made. The consultant's fee, based on the successful bid, will be $4,743. The motion passed at the June 8, 1998, City Council meeting stated "with funding sources to be determined." Because this project had not been budgeted, Council needs to allocate funds to be used to pay bills related to the project. An account number (411- 45500-0000) has been set up so that expenditures can be tracked. Possible sources of funding identified are: Fund Balance, General Buildings, Cable, or Liquor. Based on information from the Finance Director (see attached memo from William Elrite), staff is recommending use of the undesignated Fund Balance of the General Fund to cover the total cost of the project at $95,980. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Dalco Roofing and Sheet Metal Inc. for the purchase and installation of a roof at the Library for the amount of $86,237 based on their low, formal written bid. RECOMMENDED MOTION: Move to appropriate and transfer $95,980 from the General Fund undesignated fund balance to the capital improvements general government building fund to cover expenditures related to re-roofing the City's Library; specifically, $86,237 for Dalco Roofing and Sheet Metal Inc., up to $5,000 for disconnecting and connecting the mechanical systems, and $4,743 for consulting fees to RHA Architects, Inc. COUNCIL ACTION AAC Roof Consulting, Inc. 6449 Lyndale Avenue South, Suite 103 * Minneapolis, Minnesota 55423 · (612) 866-3602 Iuly 23, 19~8 Columbia Heights Public L~rary Bis. Rebecca Load~ Library' Director 820 40~ Avenue NE Columbia Heights, MN 5542 Dear Ms, Loader, This is to conilrm your realUeSt For a report on the type of roof proposed and on a short desc6.pfion of myself The tFpe of roof we have bid, is ~ 4 ply type VI premium msphalf built roofing system ~6th a modified asphalt flood coat, We are providing 2.7" o£ ISO insulatioi~ a.nd s ¼" of fiber board to meet the state ot'M~nncsota energy code of 1:i.-22.22. This roofing system is a hish performance root'that W. P. I-Iickma.n is famishing. Th~ issue a warranty that covers the ~11 system for a period of 10 years (no prorating or dollar limits). This roof system will have positive draixmge. Once it is complete, it will Sire you many years of trouble-free ~rvice. I have uaed this t~pe of roof on several accounts very successfully. My experience in the roofing business started in 1971, when I staJted working ~or a msnufacturer of roofing materials. I ~ mvol~ed in marketing, training, and field testing of new products I left in 1985 to form MC RoofConsuhing Inc.; axtd I have been working wi~ schools, apartments o~mers, and large mar~fact~trers e, nci retailers ~ince that time. We have performed rr~or work for Anoka Schools, Anoka Publie Library, Control Data, Dayton Hudson and many more, I am a graduate of Edirm High School and the Urfiverslty of?vfame~ta, I a.m a member of' the Roof Consulting In.tuts, Construction Spe. eifiers, and the National Contractors Association. Thank you for this opportunity to serve your roof consulting needs. If there s_re questions., plea.se contact me. Sincerely, ~AFFIDAVIT This is to affirm that W. P. HICKMAN SYSTEMg, INC. is a privately-held independen'~ corporation and is not a subsidiary of an)' other ~rporaion. W. P. I-Iickrnan Systems will issue and bear responsibility for the terms and conditions of the warrant,' as specified, The warranty wH! be a no dollar limit, non-proraled fu]] system v,'arranl% Sign, d: Witnessed: Public W.P. HICKMAN® ~,inc. ROOF ASSEMBLY GUARANTEE Lin. Ft Fln~hin~ Completion Dire W.F. H]~ SYSTEMS, [NC. RUNSW ICK CONPA~¢I ES .O. BOX 28 ~ON OH 44309 COMPANtE~ Al=FORDING COVERAGE CONTINENTAL CASUALTY ~a.~Y E 1 Cl17157~25 , m i,000,000 zqo,ooo ~, 5,0on ~ lmO00,OOC ~ORKERS COMP STATES: AL AZ CO FL GA IL IN LA MD MS MI MN MO NJ 1%TY NC OK OR ?A RI SC TX UT VA WI CA KY TN MA N}{ CT IA DOCUMENT NO. Hickman Design Professional Liability Indemnity Agreement DESIGN PROFESSIONAL: LICENSE NO.: DESIGN PROFESSIONAL'S CLIENT: ADDRESS: CITY: BUILDING DESCRIPTION: TOTAL SQUAP~ FEET: HICKNIAN SYSTE~: STATE: STAT~: ZIP: Ia addition to Hiclc~aa Systems' nGrma/ project gnaarantees, u ~ addittou~ ~aefit, Hic~ A~hit~u~ Services, Inc. hereby a~ees to iodemnlfy the contra~1 ~i~n P~f~sio~l for re~onab~e n~o~ey fe~, relat~ ex~ ~d judgmea~ iacu~ed t~ouih li~ion ~g o~ of t~ appH~flon or ~ffem~ d a ~ S~' ~ or ~ ~m. U~r ~ ~ ~ ~ ~~, ~ ~u~g ~ ~f~ s~ ~ ~de~ for a m~ ~ ~ of $~.~ ~ e~ of ~ h~ ~ va ~ five (~ y~ ~er the comp{~u of ~ ~ ~f or ~ug ~. ~ ~f~ I~H~ ~~ ~ ~j~ to the following conditions: (1) Installation specifir, atiou~, descrtbia~ the dettdded manner ia wlaicJa tl~ HI, kmart Systems' producas nod Systems m'e to be ILoplied tauS1 ~ave been i:a~vioiasly approved, in wrk~, by a Rellio~al Manager of Hick~a~ $)stems, Inc. AH products must have b~n applied ia ac. corda~ce with the properly approved installation spedflcaCions and stanc~ards. All work must have b~n performed by a Hk:kman Systems approved c~nwactor, lad all o~l~atJons for labor axed material mu~t have bee~ satisSed. Any additional tm'ms and com:lltiom required by the DesLga Pt'Messtoaal or H. ir.~an Sysaems with to the particular i~'oject mt~t have beem complied witA, The trtua~ inspection of the completed ~e~ ff dee~ed nec~sar7 by tl~ Deaign Professiotml or Rie2cnaan Systems' representative, shail include an il~fraged survey, ~¥rlttee notice of · claim foe indemnification pursuatu to U~ A~reetaent m~t be ~lven to Hickmaa Arc. bitectura~ S~rvices, Inc. w~tb~a t~n (I0) days of the receipt by the De~is;n Professional of any claim, r~emaad or ILtJgaaion ~ivtuS rise to such claim far bademnLeka~n. The provisions on the reverse skit of thi~ agreement sl~ll be followed La coal~ecttou with the ~tlemea~, compromise or defense of any such claim, demand or ~iflgation. In t~e t~n~ of a ctM2n, demtt~ or il~n ~~ ~m~ ~~ ~ ~ ~ a ~eeme~t, comprom~e or se~l~eut ~ s~k C~m+ ~ t~ r~o~ c~ o~ lu~ ~h~e, comp~ er The foregoin~ provEio~ sh~ll ~ t~ ex~i~ b~ for t~ ~ of a ~t o~ ~mni~ion HICIO~IAN' ARCH~L SERVICF. S, INC. Robert Jonas, President W. P. Hickman Architectural ,Services, Inc. 30700 Solon Industrial Pkwy. · Solon, OH 44139 Date: AAC, INC. 6449 Lynda{e Avenue South, Suite 103 · Minneapolis, Minnesota 55423 · (612) 866-3602 C]TY OF COLUM'BIA H'EIGHTS REBECCA LOADEK LLBR.&KY DIRECTOR 590 40 TH, AVENUE NE. COLLD,d'BIA I-EEIGHTS, 5,Df. 55421 Dr Ms. Londer, This is to conS, tm our bid results for thc Librm'y ~ As p~r)'our request pl~asc find cncloscd report on ti:?' rcvicw of thc bid documents and ,,'Il)' r~com, m~ndatioas for award. I have rcvicx~¢d :he ¢on{ents of thc wabmi~aI package ~nd find all submittals mecuing the specifications requirements. Dalco Ms also ,met all the requirements aa to bid bond and bid Drms ecl., I have discussed tile bid aStt: Mr, l_~a4~ at Dalco and he fe~ls ye.fy eom.~rtablc with bid and is looking fomard ~c acing a good job. ~Sa.$cd on m'~ re5 icw and c'onverr~do~ ~th Mr. Lewis I recommend that thc bid b~ awarded to Dalco Roofing and ShccI Mctal Inc. in II~e ,m~ount of $~6;237.00, The oaty othcr extra will be the connect and discoc, ncc.', of!he mechanical ~tems, t am looking forward to a succ~ssfl.flI proje~-'t that will give your mare.' years of s~rviet:. Thank you for this oportuni? to serve your roefeOnsulting needi. If there are any question~ plum contact me at your cnrlicst convenience. Si nccr¢tv. Wm. Hohnan CITY OF COLUMBIA HEIGHTS DATE: JULY 8, 1998 TO: FROM: BECKY LOADER LIBRARY DIRECTOR WILLLMVi ELRITt~ FINANCE DIRECTOR LIBRARY ROOF REPLACEMENT This memo is a follow-up to our previous conversation regarding funding for the library roof. Over the years fund balances in most funds have been exhausted for special projects and have not been replenished. The liquor, cable, and general building improvements funds all have reasonably small fund balances. Liquor has no available fund balance because of the amounts that have been put into the infrastructure fund and capital equipment replacement funds in recent years. As a result, I am recommend the General Fund fund balance be used for the library roof repairs. At the end of 1997 the General Fund had an undesignated fund balance of $541,915. Of this, $326,555 was used for the 1998 budget, leaving an undesignated fund balance in the General Fund of $215,360, from which the City Council may appropriate funds for the library roof project. The following motion may be used to accomplish this: RECOMMENDED MOTION: Move to appropriate and transfer $ from the General Fund undesignated fund balance to the capital improvements general government buildings fund to cover expenditures related to re-roofing the City's library. This motion, in addition to the motion authorizing the Mayor and City Manager to enter into the ageement for the roof replacement, is all that should be needed. If you need any additional assistance from me, please let me know. WE:da 9807081 ' - THBS MINUTES HAVE City of Columbia I-Iei~h~s Park a~d Recreation Commission June 24, 1998 The meeting was called to order at 6:30 p.m. by Chairman Eileen Evans. ROLL CALL Members present: Eileen Evans; Jerry Foss; Bruce Magnuson; Gary Mayer; Gary Peterson; Bob Ruettimann; Keith Windschitl, Recreation Director; Kevin Hansen; Public Works Director/City Engineer Members absent: James Nelson CONSENT AGENDA The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve the minutes of the May 27, 1998 meeting. APPROVAL PAYMENT OF BILLS Move to approve payment of bills as listed from the proper funds. APPROVAL CONSENT AGENDA Motion by Foss, second by Magnuson to approve the consent agenda. All ayes, motion carried. LETTERS AND REQUESTS _ REQUEST PERMISSION TO SERVE BEER AT SULLIVAN PARK/VFW POST #230 Members reviewed the letter from Duane Running, Quartermaster of VFW Post #230 who is requesting permission to serve 3.2 beer in Sullivan Park from 11:00 a.m. to 6:00 p.m. on Sunday, August 16, 1998 for a VFW event. Motion by Foss, second by Magnuson to approve the request from the VFW to serve 3.2 beer in Sullivan Park from 11:00 a.m. to 6:00 p.m. on Sunday, August 16, 1998 for a VFW event. All ayes, motion carried. REQUEST PERMISSION TO SERVE BEER. ATSULLIVAN PARK/CAROL MENKEN, MEDTRONIC Members reviewed the letter from Carol Menken of Medtronic who is requesting permission to serve 3.2 beer in Sullivan Park at the Medtronic picnic on Thursday, August 20, 1998 from 8:00 a.m. to 5:00 p.m. Motion by Foss, second by Magnuson to approve the request from Medtronie PAGE TWO PARK & RECREATION COMMISSION MINUTES MEETING OF JUNE 24, 1998 to serve 3.2 beer in Sullivan Park from 8:00 a.m. to 5:00 p.m. on Thursday, August 20, 1998 during the Medtronic picnic. All ayes, motion carried. OLD BUSINESS ROOF REPAIR/MURZYN HALL Commission Member Peterson explained to members that he had looked at the Murzyn Hall roof with the roof consultant. The roof has had problems since its construction in 1939. The roof problems are not easily solved because we would need to build an entire new roof to alleviate all the roof problems. The roof itseff is in good shape. The steamer used by Public Works crews will help with ice dams. The heat cables also help with ice on the roof. Magnesium chloride can also be used without damaging the roof or any landscaping on the ground. The roof does have approximately $2,000 to $3,000 worth of damage in the front portion. Insurance may partially cover the repair costs. Commission Member Peterson advises that staff be more pro-active instead of reactive with respect to the roof problems. Members discussed the possibility of creating a staff position for a Building Maintenance Management person who would take care of the pro-active repairs on all City buildings. Members directed the Recreation Director and the Park & Recreation Commission Chairperson to draft a letter of recommendation to the City Council to make the necessary repairs to the roof, f~e a claim in to the insurance company, include a letter from the roof consultant to document the roof problems, put all our buildings on a pro-active maintenance plan under the Public Works Department, and look at the possibility of creating a position for a Building Maintenance Management person who would take care of the pro-active repairs on all City buildings. COMPREHENSIVE PARK PLAN The Public Works Director/City Engineer requested that this item be discussed after the Park Survey Results are discussed. NEW BUSINESS MURZYN HALL DISHWASHER The Recreation Director advised members on the poor condition of the dishwasher. We cannot get parts for it anymore because it is obsolete. The lower unit is leaking. Members felt that purchasing a used dishwasher would be buying someone else's problems. Without a booster heater, a new dishwasher costs approximately $5,000. Members suggested that step-by-step instructions be posted for caterers who are using the dishwasher to make sure they are operating it properly. Members directed the Recreation Director to forward cost information for a new dishwasher to the next City Council work session. PAGE THREE : :: PARK & RECREATION COMMISSION MINUTES MEETING OF JUNE 24, 1998 CARPET IN THE MAIN HALL (PORCH AREA) OF MURZYN HALL The Recreation Director advised members that the carpet is tearing away from the area by the pillars. The carpet was installed in 1990 or 1991 at a cost of approximately $16 to $17 per square yard. Members felt that we should purchase some good commercial grade carpeting for this area and perhaps look at a carpet that has a pattern to help hide stains better. Members directed the Recreation Director to get a bid on carpet and some samples for the next meeting. PARK SURVEY RESULTS Members reviewed the Park Survey results. Most people indicated they would support a referendum for park improvements and a community center. The features they most dislike and/or seldom use are the tennis courts and horseshoe courts. The Recreation Director is meeting with an asphalt man who will make a recommendation on whether or not to repair our tennis courts COMPREHENSIVE PARK PLAN The Public Works Director/City Engineer indicated he would like to get a formal Comprehensive Park Plan to the City Council before year's end. The SRF consultants wilt help him to draft a plan for members to review. The Design Team did not give much input as to the parks. Members suggested giving the City Council a copy of the Park Survey results. The Council may then request that the Po/ice Department expand their neighborhood picnics to include McKenna, Prestemon, Ramsdell, and Ostrander Parks. REPORTS RECREATION DIRECTOR The Recreation Director reported that he has raised $3,000 in donations from community groups and businesses for fireworks. The City was donating $2,000, so the goat of $5,000 has been met. Members suggested that those who donated be thanked on cable TV. The Chamber-City softball game will take place on Saturday, June 27, 1998 at 3:00 p.m. at Huset Park. The first five Wild Wednesday Excursions have been filled with 90 children per trip, and children are enjoying the summer programs. The new puppet wagon is being used to give puppet shows at two parks per day on Mondays, Tuesdays, Thursdays, and Fridays. Staff would like to purchase some graphics to decorate the puppet wagon. Members suggested that staff ask Medtronics if they would let us put "Donated by Medtronics" on the trailer. PUBLIC WORKS DIRECTOR/CITY ENGINEER The Public Works Director/City Engineer reported that Huset Park neighbors will be consulted on the choice of new ptaygrouncl equipment. PAGE FOUR PARK & RECREATION COMMISSION MINUTES MEETING OF JUNE 24, 1998 MEMBERS Members discussed recognizing the contribution of Dick Petkoff, former Park & Recreation Commission Chairman, at the next meeting. Jo-Anne Student will order an engraved clock to be presented to him at the next meeting. ADJOURNMENT Motion by Peterson, second by Magnuson to adjourn. All ayes, motion carried. Meeting adjourned at 7:38 p.m. Janice McGhee-Fetzer, Park and Recreation Commission Secretary CITY OF COLUMBIA HEIGHTS 590 40Th AVENUE N.E,, COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TOD 782-2806 PLANNING AND ZONING COMMISSION REGULAR MEETING OF JULY 7, 1998 MINUTES The July 7, 1998 Planning and Zoning Commission meeting was called to order by Commission Szurek at 7:00 p.m. Members present were Ramsdell, Fowler, Peterson and Szurek. C~Jmmissioner Paulson was not in attendance and has submitted a letter that he would not be serving another term as Commissioner. Also present were Joe Hollman (City Planner), Ken Anderson (Director of Community Development), and Kathryn Pepin (Secretary). MOTION by Fowler, seconded by Peterson, to approve the minutes as presented in writing from the meetings of June 2 and June 4, 1998. Voice Vote: All Ayes. Motion passed. NEW BUSINESS: A. Public Hearing Conditional Use Permit Case #9807-31 This case was withdrawn. Dr. Gary Good 3827 Central Avenue N.E. Columbia Heights, Mn. Bo Public Hearing Conditional Use Permit Case #9807-32 J & M investment Partnership RE: 3856 Quincy St. N.E. Columbia Heights, Mn. Mr. Hollman presented the request of Jeff Hage on behalf of J & M Investment Partnership for a Conditional Use Permit to allow an off-street parking lot in the R-3 Multiple Family Residential District at 3856 Quincy Street. He informed the Commission that Section 9.109(2)(k) of the Columbia Heights Zoning Ordinance permits off-street parking as a Conditional Use in the R-3 District adding that this property is currently a vacant parcel after a house on the property burned down in recent years. He stated that the proposed parking lot would serve 701 N.E. 39~ Ave. and 715 N.E. 39t~ Ave. which are across 39t~ Ave. and slightly to the west. Mr. Hollman informed the Commission that the surrounding property on the south and east is zoned R-3, Multiple Family Residential and is used residentially. The property to the north is zoned I, Industrial, and the area to the west is zoned 1-2, Heavy Industrial and is used for commercial/industrial purposes. THE CI3'Y OF COLUMBIA HE[GHTB DOES NOT OIBCRIMI~qATE ON THE BASIS OF D[SABiLI~ IN EMPLOYMEnt OR THE PROVISION O~ SERVICES EQUAL OPPOF~TUN[TY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING-MINUTES JULY 7,1998 PAGE2 He stated that Section 9.109(2)(k) allows off-street parking in the R-3 District when the proposed lot is located in any block or area which is zoned, used, or otherwise permitted for any non-residential use or uses and abuts on a lot or parcel which is in a "B" or "1" District and is in the same ownership or control as the land in the "B" or "1" District. Mr. Hollman addedthat the property to the west and also across 39~ Ave. is zoned industrially and is used as such stating that the subject property will be in the same ownership as the principal use which is across 39th Ave. and a short distance to the west. It was his opinion that the request is in compliance with the ordinance requirements. Mr. Hollman informed the Commission that other conditions in the Zoning Ordinance state that the subject parcel shall not be located between two abutting residential uses, and provided that such off-street parking is restricted to an area for a distance from the abutting edge of the "B" or "1" District equal to the combined widths of three contiguous platted lots or 150 feet, whichever is greater. He stated that the subject parcel is within 150 feet of the principal use which it will be serving and it is abutting residential only on the south side. It was his opinion that the proposal meets these provisions of the Ordinance. Mr. Hotlman stated the specific requirements for a parking tot are as follows: A fence, not over 6 feet high nor tess than 3.5 feet high, shall be erected along the property line abutting a residential district and shall be at least 50% opaque; A bumper curb of five to seven inches high, around the perimeter of parking area and a curb of no tess than 5 feet from a building that has parking around it; Driveways shall not exceed 6% and the parking lot shall be graded according to a drainage plan which has been approved by the City Engineer; 4. The maximum slope of any bank shall be 1:3 (1 being vertical and 3 being horizontal); 5. The parking lot will need to be striped and parking stalls are required to be 9' x 20' in size. He added that parking lots and driveways are required to be surfaced with a material to control dust and drainage. Mr. Hollman stated that the applicant proposes to pave the lot which will be in compliance. Mr. Holtman added that another requirement which is not listed above is that parking and loading areas are subject to required front yards. He stated that the front yard for the subject parcel is located adjacent to Quincy Street and the front yard setback in the R-3 District is 30 feet. He pointed out that the site plan indicates that the front 30 feet will not be used for parking and it will be separated by a curb and landscaping. The proposed layout of the parking spaces will create approximately a 30 foot drive aisle which is an adequate design for 90 degree parking. Mr. Hollman stated that one concern is that the parking spaces are shown as abutting the property line, and with this layout, problems could occur with vehicles bumping the required fence and hanging over into the right-of-way. PLANNING AND ZONING COMMI8810N JULY 7,1998 PAGE3 As a result, a condition is being recommended that a minimum two foot open space be maintained between the required bumper curb and the property line. He added that another concern is the potential impact a paved parking lot can have on surrounding property. Paving will increase the rate of water runoff. Water runoff will need to be directed into appropriate facilities and not onto adjacent property. He stated that the Public Works Department would need to review and approve drainage and grading plans. Mr. Hollman stated that all lighting of the parking lot will need to be shaded or diffused to reflect the light away from the adjoining property. Mr. Hollman informed the Commission that the City Comprehensive Plan designates this area for high density residential development. It was his opinion that the proposal does not impact the goals and objectives of the Comprehensive Plan. Mr. Hollman stated that the positive aspects of the proposal would be that the parking lot would provide needed parking opportunities in the area, and, provided the site is adequately screened, the site can serve as a buffer between the industrial uses and nearby residential properties. Chairperson Szurek opened the public hearing. Joan Olson of 3837 Ouincy Street was present to ask if the property was to be rezoned as she was not in favor of the proposal. It was her opinion that it would devalue her property and would become an eyesore as it would not be maintained. Mordechai Kobany, one of the owners of Hage-Kobany Transmission of 701 N.E. 39~h Avenue, stated that this proposal is important for the future of the Industrial District for off-street parking as all the lots are small and do not allow room for improvement. This proposal is close by the businesses it will support adding that the owners will improve the corner by grading, hard surfacing and screening the site. Commissioner Szurek asked if lighting would be added for the tot. Mr. Hollman responded that the lot would not be used at night as the businesses are not open evenings. Chairperson Szurek closed the public hearing. MOTION by Ramsdell, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit to allow off-street parking in the R-3 District at 3858 Quincy Street, subject to the following conditions: Ownership of the property shall be transferred to the applicant; All required state and local codes will be met and in fult compliance; PLANNING AND ZONING COMMISSION REGULAR MEETING. M~NUTE$ JULY 7, 1998 PAGE4 5. 6. 7. 8. 9. All lighting used to illuminate the off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff; A fence, not over six (6) feet high nor less than three and one-half (3.5) ~eet high, shall be erected along the property line abutting a residential district and shall be at least 50% opaque; A bumper curb of five to seven inches high, is required around the perimeter of the parking area; There shall be a minimum of two feet open space maintained between the bumper curb surrounding the parking area and the property line; Driveways shall not exceed 6% and the parking lot shall be graded according to a drainage plan which has been approved by the Department of Public Works; The maximum slope of any banks shall be 1:3 (1 being vertical and 3 being horizontal); The parking lot will need to be striped and parking stalls are required to be 9' x 20' in size. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JULY 13, 1998 CITY COUNCIL AGENDA. Public Hearing Variance Case #9807-33 William Paul Hatten 3723 Polk Street N.E. Columbia Heights, Mn. Mr. Hollman presented the request of William Hatten for a variance of one (1) foot from the required five (5) foot side yard setback to allow a 400 square foot addition onto an existing house at 3723 Polk Street. He explained that the existing house is currently four (4) feet off the north property line and approximately one (1) foot off the property line adjacent to the alley adding that it is considered legally non-conforming. Mr. Hollman informed the Commission that the surrounding property in all four directions is zoned R-2, Two Family Residential and is used for residential purposes. He stated that single family dwellings are a permitted use in the R-2, Two Family Residential District. Section 9.108(4) of the Zoning Ordinance requires the following minimum tot area, size, and setbacks for the principal structure: Minimum lot area shall be 6,500 square feet. The subject parcel is 7,392 square feet. · Minimum lot width shall be 60 feet. The subject parcel is 60 feet wide. · Minimum front yard setback shall be 25 feet. The existing house and proposed addition exceed this requirement. · Minimum side yard setback shall be five (5) feet. The existing house and proposed addition are four (4) feet off the side lot line which requires a variance. ,- Minimum rear yard setback shall be 30 feet. The existing house is slightly over one (1) foot from the rear lot line. PLANNING AND ZONING COMMISSION JULY 7, 1998 PAGE 5 Mr. Hollman informed the Commission that Section 9.104(3)(h) states that normal maintenance of a building or other structure containing or related to a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use. He added that the Commission that the proposed addition will extend the nonconformity along the side yard which is not allowed. Mr. Hollman informed the Commission that another concern is that the cost of the proposed addition exceeds 50% of the fair market value of the house. Section 9.104(3)(e) states that whenever a nonconforming building or structure shall have been damaged by fire, flood, or act of God, it may be reconstructed and used as before, unless the damage to the building is 50% or more of its fair market value.- Because of this restriction, it may not be in the City's best interest to allow this investment into the property. Should the variance be granted and the addition be built and if the building incurs future damage exceeding 50% of the fair market value, the building would not be allowed to be reconstructed. The property owner could come back to the City claiming that the investment into the property should not have been allowed. Mr. Hollman stated that the existing house was built in 1924 and is 640 square feet which does not meet minimum floor area requirements of 1,020 square feet. The addition would improve the property and make the house 1,040 square feet which would exceed the floor area requirements. Mr. Hotlman reminded the Commission that Section 9.105(3)(d) of the Zoning Ordinane states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." He added that in order for a variance to be granted, hardship needs to be established stating that a hardship has not been demonstrated in this case. Council Representative Peterson asked what the lot size was and if there was a garage. Mr. Hollman responded that the lot is 60 feet in width and that no garage existed. Peterson asked the owner if there were plans included for the provision of a garage. Mr. Hatten responded in the negative. Mr. Peterson expressed concern that a garage was not proposed. Commissioner Ramsdel~ asked if the addition was setback five feet to meet current setback requirements, would the proposal then be acceptable. Planner Holllman responded that there would still be an issue as the addition would be intensifying an existing non-conforming use. Discussion followed regarding a hardship for the property. Peterson read the hardship definition to the audience and explained what was necessary for the Planning and Zoning Commission in order to approve or recommend approval of a variance to the City Council. Mr. Hatten stated that his house currently is four (4) feet from the side property line and about three (3) feet form the alley. He felt that the "shallowness" of the lot would fit the definition of the hardship requirement. Peterson PLANNING AND ZONING COMMISSION JULY 7, 1998 PAGE 6 stated that all lots in his area are similar in depth and width and that shallowness would be considered if the tot was unusual to the area in depth. Commissioner Szurek stated to Mr. Hatten that "it's not that we don't want you to improve your house, it's that a hardship must be identified even to intensify the existing building". Mr. Hatten asked Mr. Hollman to explain "grandfathered in" which he mentioned during earlier discussion. Mr. Hollman explained the phrase "grandfathered in" means that when the Zoning Ordinance was adopted, all existing structures that would not meet the new requirements would be allowed to exist as is by being "grandfathered in". Any improvements for upkeep or maintenance would be allowed, however, additions to the non- conforming structure would not be allowed without the hardship requirement as an addition would intensify the non- conformity of the structure. MOTION by Ramsdell, seconded by Fowler, to deny the variance application for a 400 square foot house addition at 3723 Polk Street because hardship has not been established and the addition would extend an existing nonconforming use. Voice Vote: All Ayes. Motion carried. Council Representative Peterson informed Mr. Hatten that he could file an appeal to the City Manager's office to have his request heard by the City Council. Public Hearing Variance Case #9807-34 Lesa Murlowski 4015 Stinson Blvd. Columbia Heights, Mn. Mr. Hollman presented the request of Lesa Murlowski for two (2) variances to Section 9.104(5) of the Columbia Heights Zoning Ordinance. He explained that the proposal is to demolish the existing home at 4015 Stinson Boulevard and build a new single family dwelling with a two level attached garage while leaving the remaining structures of the property intact. He added that 4015 Stinson Boulevard is located in the R-l, Single Family Residential Zoning District. Mr. Hollman stated that the total square footage of all existing and proposed accessory structures on the lot is 3,072 square feet which requires a variance of 2,072 square feet under Section 9.104(5)(3) which requires that no combination of accessory structures can exceed 1,000 square feet. The proposed new attached private garage will be in addition to the existing detached private garage. Mr. Hollman indicated that a variance will be required for one (1) additional private garage under .Section 9.104(5)(4) which states that within any "R-1" single family residential zoning district, private garages are limited in number to only one (1)garage. PLANNING AND ZONING JULY 7,1998 PAGE 7 Mr. Hollman informed the Commission that there is a guest house on the property that has been the subject of concern and complaints in past years. He noted that in 1980 a letter was written by the City Planner to the Mayor addressing the cabin. In summary, that letter stated that the cabin was grand-fathered in as it was allowed under the former code, and as long as compensation was not being paid by individuals living in the cabin the use could remain. The letter concluded that because the cabin has existed for many years and is not a detriment to the City's land use zoning laws, there was no rationale to pursue the matter further. He further noted that the cabin contains a living room, kitchen, one bedroom, and one three fixture bathroom. The original cabin was built in 1918 and was 336 square feet. In 1969 the City Council approved a permit to remodel and construct a 240 square foot addition onto the guest cabin. This cabin is considered an accessory structure and is included in the calculation for total square footage of all accessory structures. Mr. Hollman stated that the surrounding property in all four directions is zoned R-l, Single Family Residential. Silver Lake abuts the subject parcel on the north end while the property on the east, west, and south is used for residential purposes. He directed the Commissioners attention to the attached letters of support from the adjacent property owners on the east and west. Mr. Hollman stated that the proposed new construction meets all requirements of the Zoning Ordinance with the exception of the accessory structure issues identified above. Setbacks, floor area requirements, and lot coverage requirements are all being met. He informed the Commission that currently, the property has the following accessory structures: one 462 square foot garage (21' x 22') with an attached 154 square foot shed (7' x 22'); and, a 576 square foot guest cabin. The proposal indicates that a two-level attached garage will be constructed, totaling 1,880 square feet (940 square feet per level). The combination of all existing and proposed accessory structures is 3,072 square feet. The total square footage allowed of all accessory structures including attached garages is 1,000 square feet. This requires a variance of 2,072 square feet. Aisc, only one (1) private garage is allowed in the R-1 zoning district, but the proposal indicates that the existing garage will remain and a new garage will be constructed. This will also require a variance of one additional private garage. Mr. Hollman informed the Commission that the husband of the applicant has stated that they would be willing to remove the driveway to the existing garage and use that building only for the storage of boats, dock, etc. If this were accomplished, the building would no longer be considered a garage, but rather an accessory storage building. This would alleviate the need for the variance to allow two (2) private garages in the R.t zoning district. However, Mr. Hollman stated that the total square footage of all accessory structures would still be an issue. He reminded the Commission that Section 9.105(3)(d) of the Zoning Ordinance states that "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." He reiterated that in order for a variance to be granted, hardship needs to be established. Mr. Hollman PLANNING AND ZONING COMMISSION JULY 7, 1998 PAGE 8 stated that based on the strict interpretation of the definition, staff has not been able to determine a hardship. Discussion was held regarding the finding of a hardship to approve the variance requests as a hardship was not readily evident. Discussion also included the calculation of lot coverage. John Stenglein was present representing Belair Builders and spoke on behalf of the owner, Mike Murlowski. He stated that they would vacate the driveway to the detached garage and turn the garage into a storage facility for boats, etc. He questioned the use of the attached garage in calculating the lot coverage as required by the Zoning Ordinance stating that many cities do not include the attached garage. It was his opinion that it was a contradiction of terms to consider an attached garage as a separate structure and an accessory use as the attached garage and house are all one footing. He informed the Commission that the owner would be using the two level garage for the storage his private vehicle and two classic cars. Mr. Stenglein further stated that the new house is proposed with the two level attached garage due to the topography of the lot. Mike Murlowski, owner of the property in question, stated that he has the support of the property owners on each side of his property to not remove any of the trees or shrubbery and the large number of perennials around the guest cabin and detached garage. Chairperson Szurek opened the public hearing. Bruce Nedegaard of 4025 Stinson Boulevard spoke in favor of the variance requests stating that a large number of trees would be lost by Mr. Murlowski as well as himself if the detached garage was required to be removed. He also stated that neighboring cities do not consider an attached garage as an accessory structure. He felt that the extent and cost the Murlowski's are willing to put into this project would be a benefit to the area. Norm Miskowic of 4003 Stinson Boulevard was present to state that he was in favor of the proposed project adding that the existing yard is beautiful but the proposed new construction would be even more beautiful. The public hearing was closed as no one else was present to speak regarding this case. I~IOTIOI~ by Ramsdell, seconded by Fowler, to recommend to the City Council the approval of the variance requests for 4014 Stinson Boulevard due to a hardship of the topography of the lot and the loss of trees and shrubbery if the garage would be removed including those planted on the adjacent lot. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE JULY 13, 1998 CITY COUNCIL AGENDA. Eo Public Hearing Variance Case//9807-35 Larry MacDonald RE: 4757 Central Avenue Columbia Heights, Mn. PLANNING AND ZONING COMMISSION ~Er~LIL~, ~E.E.T~,~G - ~NJJTrr. s JULY 7, 1998 PAGE 9 Mr. Hollman presented the request of Larry MacDonald for three variances to Section 9.116 of the Zoning Ordinance to allow parking in the front yard in the RB, Retail Business District at 4757 Central Avenue NE. which is the future location for a Subway/TCBY Restaurant and other future tenants unknown at this time. He explained that Section 9.116 of the Zoning Ordinance requires that parking areas meet front yard setback requirement which is 15 feet in the RB District. Section 9.116(2)(d) requires that parking and loading areas are subject to required front yards according to the district in which such parking is located. The property at 4757 Central Avenue is zoned RB, Retail Business which has a front yard setback of 15 feet. The newly modified site plan indicates ten (10) existing parking spaces in the front yard, rather than the twelve spaces originally shown, which will require a variance. Section 9.116(3)(e) requires that a curb of five to seven inches high be required along the front yard setback line, and grass or planting shall occupy the space between the right-of-way line and curb. A variance will be needed to keep the 10 parking spaces in the front yard rather than the required curb and landscaping. Section 9.116(2)(h) requires that parking spaces shall not be less than nine (9) feet wide and twenty (20) feet in length. The proposal is to maintain 10 existing parking spaces that are nine (9) feet wide and 15 feet in length. A variance of five (5) feet is needed to keep these spaces 15 feet in length rather than the required 20 feet. Mr. Hollman informed the Commission that one of the conditions of the site plan approval in June under Case # 9806-26 was that the 10 parking spaces along the western edge of the property be brought into compliance through removal and relocation, or an application for variances would need to be made. The applicant has determined that applying for the variances is the best option. Mr. Hollman stated that the required dimensions of a parking space, under the Zoning Ordinance, are 9' x 20'. There are t 0 spaces with 9' x 15' dimensions located along the western property line. If the dimensions are extended to meet the 9' x 20' requirement an 18' drive aisle will be created which is narrow for 90 degree parking design. Typically, a 22 or 24 foot aisle is desired. He added that the Zoning Ordinance does not regulate the width of drive aisles. Mr. Hollman informed the Commission that one alternative that was suggested is the potential to remove and relocate those parking spaces on the site. The ten parking spaces are not needed for this proposal, but will more than likely be needed for future tenants in the remaining tenant spaces. The applicant has determined that the parking will be needed, not only to serve future tenants, but also to attract potential tenants. Another requirement is that a curb of 5-7 inches high is required along the front yard setback line, and grass or plantings shall occupy the space between the right-of-way line and curb. Should the variance to allow parking in the front yard be granted, this requirement will also need a variance. ?IANNIN8 AND ZONING COMMISSION REGULAR MEETING-MINUTES JULY 7,1998 PAGEIO Mr. Hollman stated that this is the parking layout which was used by previous tenants in the building and it appears that traffic circulation on the lot flowed without any significant problems. However, the Subway/TCBY has a higher turnover of vehicles than the previous restaurants at this site which creates concerns regarding the narrow drive aisle between parking spaces. Mr. Hollman reminded the Commissioners of Section 9.105(3)(d) which states that "in recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." He reiterated that in order for a variance to be granted, a hardship as described needs to be established. It was Mr. Hollman's opinion that it would appear that a hardship does exist due to the shape of the lot and the existing built nature of the property which prevents a desirable parking layout in this particular area of the lot adding that the topography also restricts the flow of traffic. He stated that there is not room between the existing building and the retaining wall on the south side of the property to allow traffic to circulate around the building. Because of the location of the existing building on the lot in relation to the front property line there is not enough room to have two areas for 90 degree parking at the required 9' x 20' dimensions and still maintain a safe drive aisle. Mr. Hollman directed the Commissioners attention to the recommendation of the City Planner for approval of the three variance requests to allow the 10 parking spaces to remain in the front yard as this is an existing condition and appears to have functioned adequately in the past. He added that the Community Development Director recommends denial of the three variance requests because allowing the 10 substandard parking spaces to remain will perpetuate an undesirable and potentially unsafe design. If the parking spaces were expanded to the required 9' x 20' dimensions, there would not be an adequate access aisle and internal traffic circulation would be restricted. He added that the City Attorney also is concerned as a precedent would be set for similar cases up and down Central Avenue. The Attorney also added that a variance on future parking needs would not be necessary at this time as they would be speculative as the future tenants and their parking needs are undetermined at this time. Mr. Hollman also stated that the City Attorney felt that a variance for the ten front parking spaces would not be required for the Subway/TCBY Restaurant as the other parking as shown on the site plan will suffice. Council Representative Peterson did not feel a precedent would be set and stated he would be in favor of a considering a variance if another owner of existing commercial property along Central Avenue has non-conforming parking space sizes that has been sufficient in the past or close enough to the required size. He stated that any new structures proposed would be required to comply with the Zoning requirements. Chairperson Szurek opened the public hearing. Larry MacDonald, owner of the property in question, stated that the building was 32 years old and built to different standards and under a different set of zoning laws. It is not his option to rebuild the entire building. He felt that he PLANNING AND ZONING COMMISSION REGULAR MEETING. MINUTES JULY 7, 1998 PAGE 11 would need the front parking so as not to limit his pool of prospective tenants for the two other proposed tenant spaces. If the front parking is eliminatei~, he felt the type of tenants he would have would be limited. He stated that the handicap parking and van accessible parking spaces eat up about four regular parking spaces. Ken Welle of 4801 Central Avenue was present to state that the front parking spaces should be allowed to remain as is because, if eliminated, patrons would overflow into his lot and park in the front spaces for his business despite the parking in the rear. He sited his experiences with the customers of the BW-3 Restaurant to the north. The public hearing was closed as no one efse was present to speak regarding this case: Motion by Fowler, seconded by Ramsdell, to recommend to the City Council the approval of the variance of 10 parking spaces to allow the existing parking spaces to remain as is in the front yard at 4757 Central Avenue rather than the required curb and landscaping due to the hardship of the shape of the lot and topography of the lot. Voice Vote: All Ayes. Motion carried. Motion by Fowler, seconded by Ramsdell, to recommend to the City Council the approval of the variance of five (5) feet to maintain the ten ( 1 O) existing parking spaces that are nine (9) feet wide and 15 feet in length because shape of the lot and topography create a hardship. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JULY 13, 1998 CITY COUNCIL AGENDA. Fo Public Hearing Conditional Use Permit/Site Plan Case #9807-36 Minnesota Pizza Company RE: 5098 Central Avenue Columbia Heights, Mn. Mr. Hollman presented the request of Kyle Wareing representing Minnesota Pizza Company for site plan approval and a Conditional Use Permit to open a Papa John's Pizza prepared food delivery establishment in the former Athenian Gyro's Restaurant at 5098 Central Avenue N.E. According to the written summary submitted with the application, this restaurant will only be used for delivery and carry-out, and will not include any customer dine-in seating. The proposed general hours of operation are between 11:00 AM and 11:00 PM Sunday through Thursday, and between 11:00 AM and 1:00 AM on Friday and Saturday. Mr. Hollman informed the Commission that Case #9506-18 was the most recent history on the site occurring in June of 1995 and was a request for a Conditional Use Permit for the operation of a delitsandwich restaurant which was approved. He added that the surrounding property in all four directions is zoned RB, Retail Business. The surrounding property to the north, south, and east is used commercially while the property to the west is a nonconforming residential use. It was his opinion that the re-use of this building would enhance the character of the surrounding property. PLANNING AND ZONING COMMISSION P, EGULAR MEET[I',/G - M{{',,tUTES JULY 7, 1998 PAGE 12 Mr. Hollman stated that Section 9.113(2) of the Zoning Ordinance requires a Conditional Use Permit when the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). He explained that a prepared food delivery establishment is an operation where food is prepared for sale and consumption, and no food or beverage can be consumed by customers upon the premises. Mr. Hollman informed the Commission that the minimum Yard and Density Requirements are as follows: 1. Lot Width shall be at least 50 feet. The subject parcel is 130 f~et wide; 2. Lot Area shall be at least 6,000 square feet. The subject parcel is 17,550 square feet; 3. The Front Yard Setback shall be 15 feet. The existing structure exceeds this requirement; 4. There shall be at least one 10 foot side yard, the other side yard can be zero feet. The western side yard on the property is about 25 feet; 5. The Rear Yard Setback shall be 10 feet. The existing building is 10 feet off the rear property line; 6. The floor area ratio shall not exceed 1.0. The property has a floor area ratio of approximately .1, which exceeds this requirement; 7. Lot must have minimum frontage of 40 feet. The subject parcel has 130 feet of frontage along 51~ Ave. He stated that parking for a prepared food delivery establishment is at least one (1) parking space for each 180 square feet of gross floor area. The gross floor area of the building is 1,590 square feet which requires eight (8) parking spaces. He added that one (1) handicap accessible space is required for every 25 regular spaces with one space shown on the site plan off the northeast corner of the building. He stated that this space will need to be van accessible and it does meet dimensional requirements for a van accessible space. He noted that the signage designating it as a van accessible space will need to meet code requirements. Mr. Hollman stated that the site plan indicates that seven (7) parking spaces are located adjacent to the north property line along 51~ Avenue adding that this area is considered the front yard for the property. He informed the Commission that Section 9.116 of the Zoning Ordinance requires that parking areas meet front yard setback requirements adding that, because this property has been vacant for over 6 months, a variance will be needed to keep the parking in this location. He stated that those parking spaces could be removed as they are not needed to meet requirements for this proposed business. 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. Also, a curb of five to seven inches high will be required along the front yard setback line, and grass or plantings shall occupy the space between the right-of-way line and curb. If the parking remains in the front yard, a variance from this requirement will be needed. Mr. Hollman reviewed the loading requirements as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores, at least one berth for each building having 2,500- 6,000 square feet. He stated that there is a loading berth indicated on the site plan on the west end of the building. PLANNING AND ZONING COMMISSION REGI..II. AR M'EETING - MINUTES JULY 7, 1998 PAGE 13 He informed the Commission that the site will continue to utilize the existing ingress/egress routes adding that the site does not require a large amount of parking spaces and there appears to be ample room in the lot for safe vehicle movement. Mr. Holtman stated that solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. The site plan indicates an enclosed area off the southwest corner of the building for storage of refuse. He added that where any business is adjacent to a residential use, that business shall provide screening along the boundary of the residential property. Screening can be accomplished by a privacy fence that is not less than 50% opaque, or it can be accomplished by providing plantings along the residential property. He reviewed the proposed lighting stating that all lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. He stated that glare of an intensity exceeding three (3) foot-candles at the boundary of the site, directed onto adjoining properties or onto a public street shall not be permitted. The site plan indicates two (2) new parking lot lights which are shown in the public right-of-way. These will need to be relocated within the private property lines. A lighting plan will need to be submitted, reviewed and approved by staff during the building permit review and approval process. He informed the Commission that the site plan does not indicate any 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. Signage information submitted with the application indicates that the existing pylon sign will be utilized and will contain 72 square feet of signage which meets the required maximum of 75 square feet for pylon signs. Also, the site plan indicates that the sign is located 16 feet south of the front property line which exceeds the 15 foot front yard setback requirement. He stated that there are two (2) 40 square foot wall signs proposed. The maximum amount of wall signage can not exceed 100 square feet and the proposal meets this requirement. The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building, so the proposal is consistent with the City Comprehensive Plan. Chairperson Szurek opened the public hearing. Kyle Wareing representing the Minnesota Pizza Company was present to state that it was their intent to install screening along the west property line as well as install green area on the north end of the site in lieu of the existing parking spaces. PLANNING AND ZONING COMMISSION JULY 7, 1998 PAGE t4 Tom Piersak of 5025 Jackson Street was present to find out the hours of operation. He explained the problems he had with the Boston Market operation with the late night deliveries and noise and hoped that this new business would not bef a problem. The public hearing was closed as no one else was present to speak regarding this case. Motion by Ramsdell, seconded by Peterson, to approve the Site Plan to allow the operation of a Papa John's Pizza Prepared Food Delivery Establishment in the Retail Business Zoning District at 5098 Central Avenue, provided the seven (7) parking spaces along the northern edge of the property be brought into compliance through removal. Motion by Ramsdell, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of a Papa John's Pizza Prepared Food Delivery Establishment in the Retail Business Zoning District at 5098 Central Avenue, subject to the following conditions: Ail required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. The new light poles shown on the site plan shall be relocated from the right-of-way onto the site, and light directed onto adjoining properties an'd public streets shall not exceed three (3) foot candles with a lighting plan to be reviewed and approved by staff. The seven (7) parking spaces along the northern property boundary will need to be brought into compliance through removal or an application for variance will need to be made. A bumper curb of five to seven inches high shall be provided around the perimeter of the parking area. Screening shall be provided along the residential property boundary to the west of the subject parcel. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE JULY 13, 1998 CITY COUNCIL AGENDA. STAFF REPORTS: A. Mr. Hotlman informed the Commission that the Census Bureau is looking to improve the way it conducts the census in the year 2000. The formation of Complete Count Committees is one way to improve the process. The Planning and Zoning Commission is being asked to recommend whether the City Council should establish this committee. He further explained that the Census Bureau is mandated by the U.S. Constitution to take a census every ten years. PLANNING AND ZONING COMMISSION ,JULY 7, 1998 PAGE 15 He further explained that the Census Bureau is mandated by the U.S. Constitution to take a census every ten years. Local governments can significantly enhance Census Bureau efforts by bringing local knowledge to the process. The Complete Count Committee will be a major vehicle for planning and implementing local, targeted efforts. The role of the Complete Count Committee will be to plan and implement a locally-based promotion to publicize the importance of Census 2000. The ultimate goal of this committee will be to achieve widespread participation in the census with objectives as follows: · Develop a targeted plan of action to support Census 2000 operations, recruiting, and promotion. · Use highly visible and well-respected local figures to increase community support for and response to the census, · Promote the census to community residents through government departments,.particularly those agencies with extensive public contacts. · Implement activities that will improve census participation by all residents, especially historically undercounted segments of the population. · Emphasize the Census Bureau's commitment to confidentiality to further increase participation in the census. Augment media programs, publicity, and promotions conducted by the Census Bureau. Provide local knowledge and intelligence that will assist Census Bureau's operational activities and programs. Support Census Bureau's programs and activities that promote and improve the census. Support Census Bureau's recruitment of employees needed to conduct the census. He directed the attention of the Commission to a handbook that would provide more detailed information about the role of the Complete Count Committee. Commissioner Szurek inquired as to how many people could be on the committee and who could serve on the committee. Mr. Hollman stated that a number was not specified. Members would be appointed by the Mayor. Council Representative Peterson asked if there was a time line the City should be working within. Mr. Hollman replied that the committees should be formed now, as soon as possible. MOTION by Peterson, seconded by Szurek, to forward this information on to the City Council and recommend that the City Council establish a Complete Count Committee to assist the Census Bureau's efforts for Census 2000. **THIS ITEM TO APPEAR ON THE JULY 13, 1998 CITY COUNCIL AGENDA. B. Mr. Anderson reminded the Commission that the Minnesota Design Team had recommended the establishment of neighborhood organizations within the City of Columbia Heights. He added that staff has been considering the placement of signs within the public right of way to illustrate the boundaries of the various neighborhoods as an PLANNING AND ZONING COMMISSION JULY 7, ]998 PAGE ]6 implementation step. The City Manager has directed staff to obtain input from the Planning and Zoning Commission regarding the proposed boundaries and functions of the neighborhood organizations. He reminded the Commissioners that the Minnesota Design Team recommended that approximately 21 neighborhoods be established configured generally in areas that are similar in size and centered around a community park within each respective geographic area. The neighborhoods would include the business districts as well as the residential areas. Mr. Anderson stated that advantages to having active neighborhood organizations in place would be to provide a forum for discussing common issues of concern, a focal point for dissemination of information to and from members within each group, groups can foster implementation efforts of the Police Department with community policing programs, the Public Works department with public improvements ~nd the Community Development Department regarding proposed development and redevelopment activities. He also stated that neighborhood groups can function as a fund raising group to generate interest and money to pay for neighborhood sponsored activities such as block parties, recreational projects, adopt-a-park program, etc. He stated that there are also some direct and indirect costs that may be experienced as the greater the number of neighborhood organizations, the greater the likelihood of time and resource demands placed upon City staff and other government and civic organizations. He added that it is possible that these organizations could serve as another layer of formal and informal bureaucracy through which City staff and officials will have to work. He reviewed the procedures and results obtained by other cities in this type of process specifically Fridley and St. Louis Park. He informed the Commission that the former City Manager, Pat Hentges, had coordinated some work and research related to the formation of neighborhood groups in 1994 and 1995. Mr. Hentges had proposed certain steps to be taken to implement the program which Mr. Anderson felt could be used as a guide to future actions necessary if the Commission wanted to pursue the creation of neighborhood groups. Discussion followed regarding the number of neighborhood groups that would be appropriate for this city. Mr. Hollman added that Fridley has 42 individual neighborhoods grouped into districts and that they deal mainly with Police issues. Commissioner Ramsdell felt 2t groups as proposed by the Design Team would be too many groups and the seven groups as shown by a Public Works Department Street Maintenance Zone Map would not be enough. He also felt that the businesses should be mixed in with the residential areas rather than a separate group for the business areas as many of the problems that are created are business issues affecting the residential area or the opposite. Motion by Szurek, seconded by Ramsdell, to direct staff to fine tune the boundaries of the neighborhood map prepared by the Minnesota Design Team with the intent to reduce the number of total neighborhood organizations. The motion also directed staff to approach the Minnesota Design Team Steering Committee and the Neighborhoods Subcommittee and coordinate a meeting between those two groups and other people who had indicated a willingness to participate in neighborhood projects on the questionnaires completed at the seven Police Department sponsored picnics held this summer to prepare a recommendation for future City Council consideration on establishing neighborhood organizations within the City of Columbia Heights. Voice Vote: All Ayes. Motion carried. PLANNING AND ZONING COMMISSION JULY 7,1998 PAGE17 **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR JULY 13, 1998. C. Mr. Anderson informed the Commission that a joint meeting of the all the Commissions and City Council is scheduled for August 4, 1998 following the monthly Planning and Zoning Commission meeting. However, it has recently been brought to his attention that August 4, 1998 is the annual National Night Out. Discussion was held about rescheduling both meetings to allow the Commissioners to attend and be visible at the neighborhood gatherings for National Night Out. It was the concensus of the Commissioners that the regular monthly meeting of the Planning and Zoning Commission be rescheduled for Tuesday, August 11, 1998 at 7:00 p.m. and the joint meeting be rescheduled for Wednesday, August 5, 1998. MOTION by Peterson, seconded by Ramsdell, to adjourn the meeting of the Planning and Zoning Commission at 9:40p.m. Voice Vote: All Ayes. Motion carried. R e s p e c t.,~]~ mit te d,/.~...]~. _' Kathryn Pepin Secretary to the Planning and Zoning Commission kp No(- THE MINLrrES OF THE TELECOM2vlUNICATIONS COMMISSION FOR THE MEETING OF THURSDAY, JULY 16, 1998 The meeting was called to order at 7:35 p.m. by Chairman, Dennis Stroik. ROLL CALL: Commission Members: Council Representative: City Representative: Cable TV Representative: Legal Counsel: Dennis Stroik, Ken Henke, and Reuben Ruen, and Ruth Graham. Bob Ruettimarm Linda Magee and Jean Kuehn Kathi Donnelb}-Cohen Bob Vose Also present were Brendon and Matt who are fi.iends of Reuben's and have worked with access programming. APPROVAL OF MINUTES Motion by Ken Henke, seconded by Reuben Ruen to approve the minutes fi.om the meeting of May 21, 1998. All ayes. OLD BUSINESS A. Channel Check Everything checked out fine during the channel check. B. Correspondence Log and Complaint Follow Up. #106-Medvetski-She reported having poor reception and had even taped the problem. However, when the tape was reviewed, the poor reception did not show up. The reception through the VCR is fine, it seems to be her television set that is the problem. If this occurs again, she will contact the service department so the problem can be pinpointed. C. Status of Digital Light System in Council Chambers Jean reported that Anthony Hamemick and Chris Daly who are recent graduates of NEI have started working on this project and would like to complete it. As the Council is presently not in a hurry to implement this system, she stated the project may be complete by the end of the year. D. Notice of Separation of MediaOne Group Inc. fi.om US West Communications filed with FCC The notice of separation of the two companies was enclosed in the agenda packets. Bob Vose informed the commission that not all the conditions have been met that were listed in the Resolution previously passed by the Council. However, the company has assured him that the conditions will all be met by the July 3t, t998 deadline. TELECOMMUNICATION COMMISSION PAGE 2 JULY 16, 1998 NEW Other Old Business There was a discussion regarding the dissolution of the Science and Technology Commission. Bob Ruettimann felt that the duties of that commission should be incorporated into the duties of the Telecommunications Commission. Linda reported that the members of the Science and Technology Commission have been contacted and that only one person seemed interested in possibly serving on the Telecommunications Commission. This person wilt need to make application and be interviewed before being appointed. BUSINESS Re-appointment of Ruth Graham A letter re-appointing Ruth Graham was enclosed in the agenda packet for the commission's information. Bo Do Status of Review of Rate Increase Forms Bob Vose informed the members that the reports from the accountant have not yet been received. However, he is sure they will have them prior to the next meeting. He reminded the commission that no action will need to be taken if we approve the rates as proposed and implemented. Review of the Annual Report The commission members reviewed the report and the following comments were made: *Pages 6 & 7 were poor quality copies. *Results of the subscriber survey indicated that in 1998 54% felt the rates were too high, compared to 44% in 1997. *It was noted that the City of Columbia Heights received $89,846 in franchise fees during 1997. Motion by Ken, seconded by Dennis to accept the 1997 Annual Report as presented. All Ayes. Notice of Changes to Premium Service Packages A letter dated June 24, 1998 was enclosed in the agenda packets notifying subscribers that changes in premium packages were going to take affect July 24, 1998. This met the thirty day notice that is required by our franchise. However, after the letter was sent, MediaOne decided not to implement the new charges as the converters that were needed to provide this service as promoted were not available. The change will now take affect September 1, 1998 as the converters are now available. Kathi explained that new customers will get the new converters and the new prices, but current subscribers will not see a rate increase for the package they currently carry. If they wish to subscribe to Premium Select, they will need a new box. She also noted that the Premium Select Service will include an interactive guide. MACTA Conference The Fall Conference will be held October 8 & 9, 1998. The registration and details are to be mailed at a later date. Keep these dates in mind and if you'd like to attend, please contact Shelley or Linda. TELECONfMUNICATIONS COM2VIISSION Page 3 July 16, 1998 F. Recommendation on Seeking Consultant to Upgrade City's Phone System Linda reviewed a memo that was enclosed in the packets from Ed O'Donnell, the MIS Coordinator for the city. In the memo he explains the need to upgrade our phone system and is asking for the commission's input and recommendation to seek RFP's for a consultant to assist in writing the specs for a new system. The funds to pay for the consultant would come out of the cable budget, although an estimated cost for this consultant was not indicated. It was noted the estimated balance of the cable fund at the end of 1998 is $282,000. There was a discussion regarding the need to solicit help from a consultant to write a RFP for a new phone system. It was determined that no one has the knowledge, or time, to establish all the specifications we may want in a system. Motion by Ken, seconded by Reuben to recommend the City Council seek RFP for a consultant and that the quotes for such come back to the commission for further recommendations to the City Council. All ayes. G. Other New Business Copies of the franchise fees for 2~d quarter were passed out at the meeting for the members to review. REPORTS A. Report of Commissioners Ruth has been re-assigned to the Library Access. It was reported that the Library has a new character generator. Government and Public Access have been very active. Jean Kuehn informed the commission members that many shows have been taped by staff regarding city services, public interest events, and Chamber of Commerce clips. Some of the programming includes, the monthly calendar show, a program made by the Police Dept, a program made by the Building Inspections Dept, the Jamboree Parade, special events at CresWiew, the Design Team Visit, and introductions of various businesses in the community. Report of MediaOne-May 98 and June 98 Kathi reviewed the reports that were enclosed in the agenda packets and passed out a monthly report she will be providing to the commission each month. She also reported that MediaOne is sponsoring a 1/2 size scale replica of the Veterans Memorial at the State Capitol in the Mall area on July 24-26. She said the display is very impressive and emotional for those who have never seen the actual memorial in Washington. She encouraged members to take the time to see the display. Kathi informed the members that the new alert system will be installed by the required date (December 1998). Most channels will have both audio and video alert notification capabilities. However, broadcast channels do not wish to be interrupted as it interferes with their commercial space. MediaOne has designed a plan to notify subscribers to turn to a certain channel for alert information so it doesn't interfere with broadcast channels. TELECOMMUNICATIONS COMMISSION Page 4 July 16, 1998 Kathi then reported that the company has recently been notified by the FCC that based on a 1994 rate complaint, they have 30 days to notify subscribers that they have been overcharged for Preferred Basic Service, and undercharged for Basic service. Kathi reviewed the history of how the charges were arrived at by doing a revenue neutral shift which was approved by the City Council, and that all the proper forms were filed with the FCC asking for Special Relief as required. MediaOne will be filing for a Stay on this decision and is asking for the support of the systems affected by this decision. Bob Vose explained that he will be filing a paper with the FCC stating we continue to support the Resolution we passed previously whereby we approved the Revenue Neutral Shift being implemented to distribute the charges between the two tiers of service and to keep the rates "reasonable". If the Stay is granted, the company wouldnft have to do anything until the FCC reviews the ruling. Motion by Ken, seconded by Reuben that we continue to support the Resolution previously passed by the City Council regarding the Revenue Neutral Shift that was established for the Basic and Preferred Basic service Tiers. All ayes. Co Report of the Cable Attorney Bob had nothing further to report. Report of the Assistant to the City Manager Linda informed the members that Community Development is scheduling a meeting of all Boards/Commissions for input on the Comprehensive Plan that is being updated. The meeting is tentatively scheduled for August 5~h. A memo will be sent out next week continuing the date. Motion by Ken, seconded by Reuben, to adjourn the meeting at 9:05 pm. All ayes. Respectfully submitted, Secretary MONTHLY REPORT - MEDIAONE JULY 1998 VIETNAM MEMORIAL WALL July 24 - 263 1998, a ½ scale version of the Vietnam Veterans Memorial in Washington, D.C. will visit the Twin Cities. The 246 foot long Wall will be displayed on the Capital Mall and will include some memorabilia left at the Wall in the nation's capital by visitors to the site. "The Wail That Heals" travels across America to cities and towns, speaking not only of the loss, but of the lives of 58,202 men and women - our parents, children, neighbors and friends. The traveling exhibit was organized by the Vietnam Veterans Memorial Fund. The national sponsors of"The Wall That Heals" are the Veterans of Foreign Wars of the US and Turner Network Television. The St. Paul visit was organized by the state unity of the Vietnam Veterans of American and MediaOne. The Capital display is open 24 hours a day and there is no charge. PREMIUM SERVICE REPACKAGING NOTICE We recently sent you a notice that we were changing some of our premium packages. We then decided to wait before making those changes, basically due to the possibility of not having the converts in stock. We planned to introduce a new Interactive Program Guide (IPG) which ; required expanded service converters. The new date for rolling out the packages is September 1. The change on the letter should include the IPG as part of the Premium Select service at $19.95. Details are forth coming but this new service will require a converter change out for existing customers who wish to move to this service. FCC RULING Background: In 1994, in conjunction with the creation of Universal Service, Meredith Cable was required to do a channel realignment which resulted in the shifting of several channels from the CPST tier (known as Preferred) to the BST tier (known as Basic). According to the FCC rate rules, this change would have resulted in an increase in the cost of Basic service and a decrease in the cost of Preferred. The Company, in cooperation with the Commissions and staffs, agreed to create a "revenue neutral" scenario, where we kept a lower cost Basic rate. The increase not applied to the Basic rate ended up being shifted to the upper tier in a manner that was revenue neutral. The Company filed the 1200 series forms with the FCC showing the proper rates for the CPST tier but applied for "special relief" to allow us the revenue neutral shill All of the Commissions actually approved the higher BST rate, and, in theory, the lower CPST rate calculated on the FCC forms, and passed a resolution authorizing the revenue neutral shift. That same resolution dealt with what would happen if the FCC didn't approve the Company's request. In short, the resolution allows the Company to offset any refund request due to an overhcarge on the CPST tier with the undercharge on the BST tier. Recently, the FCC ruled on the complaints filed in 1994 and ordered the Company to notify the subscribers within 30 days that they will be receiving a refund. We are asking for a stay of this order pending a full appeal to the FCC. The result of this would be notifying Preferred/Basic subscribers that they will get a refund on the Preferred rate but that they were undercharged on the Basic. That would also mean that the subscribers to Basic underpaid us for the past 4 years and would be required to true that up. Action: We would ask that the Commission assist us in this very important first step in asking the FCC to stay the order to notify subscribers of a potential refund until such time as the appeal to the full FCC Commission is ruled on. Secondly, we ask that the Commission and staff cooperate with our legal counsel in filing further petitions with the FCC.