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Home My WebLink AboutNovember 21, 1997 RegularAGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, NOVEMBER 24, 1997 7:00 PM 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 (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the previous portion of agenda, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and svill be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. l) 2) 3) 4) 5) 6) Move to adopt the consent agenda items as listed below: Adopt Council Minutes Software Support Agreement ~vith Business Records Corporation Final Payment for Storm Sewer Replacement - LaBelle Park Authorization to Seek Bids for Dutch Elm Diseased Tree Removal Pgrn. Award of Purchase of Floor Scrubber for Municipal Service Center Resolutions Ordering Preparation of Report on Proposed Street Imps. 7) YPA with Minneapolis for Upgrade of Traffic Control Signal System 8) Close Hearing Regarding Rental License for 4357-59 Seventh Street 9) Close Hearing Regarding Rental License for 3736-38 Third Street 10)Close Hearing Regarding Rental License for 4328 Sixth Street 11)Establish Hearing Date for License Revocation of Rental Properties 12)lst Rdg. Ord. 1367 Regarding Persons and Vehicles in Parks 13)Approval of License Applications 14)Payment of the Bills RECOGNiTiON, PROCLANIATIONS( PRESENTATIONS~ GUi~STS ....................... A. Home Care Proclamation B. Public Sector Executive, BFI 6o PUBLIC HEARINGS A. Res. 97~71 Revocation of Rental License at 3732-34 Third Street B. 2nd Rdg. Ord. 1364 Pertaining to Prohibited Non-Moving Violations C. 2nd Rdg. Ord. 1366 Vacating a Portion of a Street 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Res. No. 97-72 Approving Adoption of By-Laws B. Bid Considerations None C. Other Business 1) Establish Works Session Dates and Budget Meeting Dates 2) Award of Jackson Pond Slope Restoration 3) Award of Loader-Mounted Snowblower 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) November 3, 1997 Library Board of Trustees 2) November 5, 1997 Planning and Zoning Commission 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA RECESS TO EXECUTIVE SESSION RECONVENE FROM EXECUTIVE SESSION 11. ADJOURNMENT WF~s ADMINISTRATION NOVEMBER 21, 1997 Mayor Josepl~ Sturttevan! Counciimembers DonaM G. Jolly Meg Jones Gar)' L. Peterson Robert FF. Ruettimann City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, iNovember 24~ !9_97 i~n 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. (TDDf782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. MOTION: Move to Adopt the Consent Aqenda as follows: 1) Adopt Council Minutes MOTION: Move to approve the minutes of the November 10, 1997 Regular Council Meeting and the November 17, 1997 Levy Hearing. 2) Software Support Agreement with Business Records Corporation MOTION: Move to authorize'the Mayor and City Manager to enter into a three- year software support agreement with Business Records Corporation for maintenance of financial software packages at a cost not to exceed $24,135, billed a. nnually at $8,045 per year. COUNCIL MEETING AGENDA NOVEMBER 24, 1997 PAGE 2 3) Final Payment for Storm Sewer Replacement - LaBelle Park, Municipal Proiect #9716 MOTION: Move to accept the work for storm sewer replacement at LaBelle Park from LaBeile Pond at 42nd Avenue N.E., Municipal Project #9716; and, authorize final payment of $3,077.90 to Penn Contracting, Inc. of Blaine, Minnesota. 4) Authorization to Seek Bids for Dutch Elm Diseased Tree Removal Proqram MOTION: Move to authorize staff to seek bids for the 1998-99 Dutch Elm Diseased Tree Removal Program. 5) Award of Purchase of Floor Scrubber for Municipal Service Center MOTION: Move to award the purchase of a replacement floor scrubber, Tennant 5700, for the Municipal Service Center to Dalco of Minneapolis, Minnesota, based on their responsible quotation of $8,461.00 with the funds to be taken from Fund 434-49950-5180. 6) Resolutions Ordering Preparation of Report on Proposed Street Improvements in 1998 MOTION: Move to waive the reading of the resolutions there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-67, No. 97-68, No. 97-69 and No. 97- 70 being resolutions ordering the preparation of reports for proposed 1998 street projects. 7) Joint Powers Aqreement with Minneapolis for Upgrade of Traffic Control Siqnal .System MOTION: Move to authorize the Mayor and City Manager to enter into a Joint Powers Agreement with the City of Minneapolis for participation in the upgrade of traffic control signal system at the intersection of 37th Avenue, Reservoir Boulevard and Central Avenue (T.H.65). 8) Close Hearing Regarding Rental License for 4357-59 7th Street MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Bradley Anderson regarding rental property at 4357-59 Seventh Street in that the provisions of the Housing Maintenance Code have been complied with. COUNCIL MEETING AGENDA NOVF__ME~EP., 24, 1997 PAGE 3 9) Close Hearing Re.qarding Rental License for 3736-38 Third Street MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Anthony Melton regarding rental property at 3736-38 Third Street in that the provisions of the Housing Maintenance Code have been complied with. 10) Close Hearinq Regardin,q Rental License for 4328 6th Street MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Thomas Brooks regarding rental property at 4328 Sixth Street in that the provisions of the Housing Maintenance Code have been complied with. (INFORMATION COMING AT MONDAY'S COUNCIL MEETING) 11) Establish Hearinq Date for License Revocation of Rental Properties MOTION: Move to establish a hearing date of December 8, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the following named property owners regarding their rental property: Lisa Kelly, 5031 Jefferson Street, Giadys Erie, 1001 42 1/2 Avenue and Bonnie O'Donnell, 621-23 51st Avenue. 12) First Readinq of Ordinance No. 1367 Being an Ordinance Amending Ordinance No. 853 Regarding Persons and Vehicles in Parks MOTION: Move to waive the reading of Ordinance No. 1367 there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1367 for December 8, 1997 at approximately 7:00 p.m. 13) Approval of License Applications MOTION: Move to approve the license applications as listed. 14) Payment of the Bills MOTION: Move to approve payment of the bills as listed out of proper funds. COUNCIL MEETIN,G AGENDA NOVEMBER 24, 1997 PAGE 4 RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Home Care Proclamation B. Megan Lee, Public Sector Executive, BFI 6. PUBLIC HEARINGS A. Ordinance No. 97-71 Beinq a Resolution Regarding Revocation of Rental License for 3732-34 Third Street Property Owned by Dale Frenzel MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-71 being a resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of that certain residential license held by Dale Frenzel. B. Second Readinq and Public Hearing of Ordinance No. 1364 Pertaining to Prohibited Non-Moving Violations MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1364 being an ordinance amending Ordinance No. 853, City Code of 1977, and pertaining to prohibited non-moving violations. C. Second Reading and Public Hearing of Ordinance No. 1366 Being an Ordinance Vacatinq a Portion of a Street MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1366 being an ordinance amending Ordinance No. 853, City Code of 1977, vacating a southerly 12 feet of 45th Avenue N.E. lying bebveer', the northerly extension of the east and west boundary lines of Lot 1, Block 1,.Auditor's Subdivision of Walton's Second Subdivision, Anoka County, Minnesota. COUNCIL MEETING AGENDA NO'V~F__R, 24, 1997 PAGE 5 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 97-72 Approvin.q Adoption of By-Laws MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt the resolution adopting by-laws of the Columbia Heights Fire Department Relief Association, Volunteer Division. B. Bid Considerations None C. Other Business 1) Establish Work Session Dates and Budqet Meeting Dates To be determined. 2) Award of Jackson Pond SloPe Restoration MOTION: Move to award the Jackson Pond slope restoration, Municipal Project #9739, to Sunram Construction, Inc. of Corcoran, Minnesota, based on their iow, qualified, responsible bid of $55,432.50, to be appropriated from Fund 652-49499- 5130. 3) Award of Loader-Mounted Snowblower MOTION: Move to authorize staff to purchase M8000MDR Wildcat snowblower from St. Joseph Equipment, based on their low, responsible, qualified bid of $45,600.00 with funds to be taken from the Capitol Equipment Replacement fund. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions COUNCIL MEETING AGENDA NOVEMBER 24, 1997 PAGE 6 1) November 3, 1997 Library Board of Trustees Meeting 2) November 5, 1997 Planning and Zoning Commission Meeting 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) RECESS TO EXECUTIVE SESSION MOTION: Move to recess the Regular Council Meeting to an Executive Session to discuss City of Columbia Heights vs. Stauch and to appoint Jo-Anne Student as Recording Secretary to keep a written report of the same. RECONVENE REGULAR COUNCIL MEETING MOTION: Move to reconvene the Regular Council Meeting from the Executive Session which was called to discuss the City of Columbia Heights vs. Stauch with a written report being kept by Jo-Anne Student, Council Secretary. 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. WF/js OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 10, 1997 CALL TO ORDER/ROI.I. CAT,T, Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO THE MEETING AGENDA Councilmember Jones requested the removal from the Consent Agenda of 4-A-5 being the first reading of Ordinance No. 1364 regarding junk vehicles. Mayor Sturdevant requested the removal from the Consent Agenda of 4-A-3 being the award of contract for a Life Cycle Housing Study· Added to the Council Meeting agenda was the first reading of Ordinance No. 1366 vacating a street and the first reading of Ordinance No. 1365 being an ordinance correcting Ordinance No. 1361. CONSENT AGENDA The following items are considered routine by the City Council and are enacted as part of the Consent Agenda by one motion: A. Motion by Peterson, second by Jones to adopt the Consent Agenda as follows: ~dopt Council Minutes The Council adopted the minutes of the October 13, 1997 Regular Council Meeting, the minutes of the October 27, 1997 and the minutes of the November 5, 1997 Election Canvass Meeting. Establish Hearinq Date for License Revocations for Rental Properties: The Council established a hearing date of November 24, 1997 for revocation or susp. ension of a license to operate a rental property within the City of Columbia Heights against the following property owners regarding their respective rental properties: Anthony Melton, 3738 Third Street, Thomas. Brooks, 4328 Sixth Street and Bradley Anderson, 4357 Seventh-Street. REGULAR COUNCIL MEETING NOVEMBER 10, 1997 PAGE 2 Resolution No. 97-63 1998 Seasonal and Temporary Waq~ Adjustments The reading of the resolution was waived. RESOLUTION NO. 97-63 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND BIKE PATROL OFFICER WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-470, which indicated that on an annual basis changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary recreation positions, and bike patrol officer, as indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1, 1998. Passed this 10th day of November, 1997. Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Approval of License Applications The license applications were approved as listed. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Roll call on Consent Agenda: All ayes REGULAR COUNCIL MEETING NOVEMBER 10, 1997 PAGE 3 Award of Contract for a Life Cycle Housinq Study Previously, only $1,000 was authorized by the Council for the City's portion of participating in this study. Less than the anticipated cities have chosen to participate in the study since the Council authorized the $1,000. The additional funding will be taken from the Community Development 1997 Expert and Professional Fund. It was noted that additional funding can also be taken from the Comprehensive Plan grant from the Metropolitan Council. Motion by Sturdevant, second by Peterson to award the contract for a Life Cycle Housing Study to Nancy Reeves and Associates, based on the bid received, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes First Readinq of Ordinance No. 1364 Beinq an Ordinance Reqardinq Junk Vehicles The Housing Inspector reviewed why this ordinance is necessary. It will serve as an effective method to remove junk vehicles. Discussion followed regarding what constitutes a "junk" vehicle and what does not. Motion by Jones, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1364 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO PROHIBITED NON-MOVING VIOLATIONS The City of Columbia Heights does ordain: 7.205(3) No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere in the City. For purposes of this chapter, an "abandoned motor vehicle., shall consist of: (a) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in inoperable condition, or REGULAR COUNCIL MEETING NOVEMBER 10, 1997 PAGE 4 (b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent fo the person in control of such property. Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.10, shall not be abandoned motor vehicle within the meaning of subdivision (a). is hereby amended to read as follows: 7.205(3) No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere in the City. For purposes of this chapter, an "abandoned motor vehicle" shall consist of: (a) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in inoperable condition, or (b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent of the person in control of such property. (c) The owner of an abandoned motor vehicle shall be qiven notice of such violation by the City and will be qiven 15 days to take corrective action. Correctiv~ action shall be defined as: (1) An owner has taken corrective action when th~ vehicle is leqally parked and licensed, mechanically operable and in compliance with ali state requirements for an operable vehicle publif roads. In the event corrective action is not taken within fifteen (15) days from the notice of the violation, the City may take the vehicle into custody, impound it, and- sell it immediately at public auction pursuant to M.S.A. section 188B.08. Provided, however, that a classic car or pioneer car as defined in Minnesota ~tatutes Chapter 168.10, shall not be considered as an abandoned motor vehicle within the meaning of subdivision (a). REGULAR COUNCIL MEETING NOVEMBER 10, 1997 PAGE 5 This ordinance shall be in full force and effective 30 days after its passage. First Reading: November 10, 1997 Motion by Jones, second by Sturdevant to schedule the second reading of Ordinance No. 1364 for November 24, 1997 at approximately 7:00 p.m. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS None 6. PUBLIC HEARINGS A. Second Readinq/Public Hearinq of Ordinance No. 1363 Beinq an Ordinance Conve¥inq Certain Real Estate at 578 38th Avenue Northeast Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes It was noted that the curb cut associated with this project is the responsibility of the City. Motion by Ruettimann, second by Peterson to close the public hearing. Roll call: All ayes ORDINANCE NO. 1363 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 578 38TH AVENUE NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Construction, the real property described as follows, to wit: Lot 9 and the east 23.3 feet of Lot 10, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate for the purchase price of $18,900 and subject to the terms and conditions specified in the sale and development agreement. REGULAR COUNCIL MEETING NOVEMBER 10, 1997 PAGE 6 Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: October 27, 1997 November 10, 1997 November 10, 1997 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. First Readinq of Ordinance No. 1353 Pertaininq to Rezoninq of Certain Property on 40th Avenue The EDA Director reviewed all of the properties which will be affected by the rezoning ordinance. Thirty-one homes will be brought into compliance. Councilmember Ruettimann inquired what would happen if there were a fire which destroyed more than fifty percent of a non- conforming structure. He was advised the structure could not be rebuilt. Discussion continued regarding the protection of the future of affected homes and businesses in the proposed rezoning area. Councilmember Ruettimann had been advised by property owners there are problems obtaining mortgages on non-conforming properties. He inquired if spot zoning could be done on the five non-conforming properties. The City Attorney stated he has no problem with this request but with the precedent it may be setting for properties in other sections of the City. He felt is this were done it should have very specific criteria set down for this area only. Comments were made by property owners in the area, some of whom own non-conforming properties. Councilmember Peterson advised that a consultant is coming on board in the near future to discuss these matters as well as others. It was suggested this should happen before any additional action is taken on this ordinance. REHULAR COUNCIL MEETING NOVEMBER 10, 1997 PAGE 7 Motion by Jolly, second by Ruettimann to table the first reading of Ordinance No. 1353 until a desired date toallow ample time for staff/consultant to review proposed Ordinance No. 1353 in addition to possible alternatives. Roll call: All ayes 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 97-61 Beinq a Resolution Electinq to Continue Participation in the Local Housinq Incentives Account Proqram Motion by Jones, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-61 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROHRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to addess housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municiDality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and REGULAR COUNCIL MEETING NOVEMBER 10, 1997 PAGE 8 WHEREAS, a Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for the municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1998, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1997, can continue to participate under Minnesota Statutes Section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1997; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality: NOW, THEREFORE, BE IT RESOLVED THAT the City of Columbia Heights hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. Passed this 10th day of November, 1997. Offered by: Seconded by: Roll call: Jolly Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2) Resolution No. 97-62 Beinq a Resolution Establishing Schedule of Penalties for Administrative Offenses REGULAR COUNCIL MEETING NOVEMBER 10, !997 PAGE 9 Motion by Jolly, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-62 BEING A RESOLUTION REGARDING AMENDINGADMINISTRATIVE OFFENSE PENALTY SCHEDULE WHEREAS, the Columbia Heights City Council adopted Ordinance No. 1358 on October 13, 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 form 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: Offense Description No parking 2:00 a.m. to 6:00 a.m., November 1 to March 31 Code Penalty 7.205(13) $15 Passed this 10th day of November, 1997. Offered by: Seconded by: Roll call: Jolly Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3) First Readinq of Ordinance No. 1366 Beinq a Request to Vacate a Portion of Street It was stated that this request does not need to be heard by the Planning and Zoning Commission. REG~ COUNCIL MEETING NOVEMBER 10, 1997 PAGE 10 Councilmember Jolly inquired if vacating the entire easement had been considered. The City Manager responded this could be done in the future. Motion by Jones, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1366 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN PORTION OF STREET The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public street over, across, and under the following described property, to wit: The Southerly twelve feet (12') of 45th Avenue N.E., lying between the Northerly extension of the East and West boundary lines of Lot 1, Block 1, Auditor's Subdivision of Walton's Second Subdivision, Anoka County, Minnesota, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: This ordinance shall be in full effect from and after thirty (30) its passage. force and days after First reading: November 10, 1997 Motion by Jones, second by Peterson to establish November 24, 1997 at approximately 7:00 p.m. as the second reading of Ordinance No. 1366. Roll call: All ayes 4) Emerqenc¥ Ordinance No. 1365 Beinq an Ordinance Correctinq Ordinance No. 1261 Conve¥inq Certain Real Estate Located at 685 46 1/2 Avenue REGULAR COUNCIL MEETING NOVEMBER 10, 1997 PAGE 11 The Council was advised that Ordinance No. 1361 contained an incorrect identity of the buyer. This ordinance will correct this error and is being adopted on an emergency basis requiring only one reading. Motion by Peterson, second by Jones to waive the readings of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1365 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND CORRECTING ORDINANCE NO. 1361 AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 685 46 1/2 AVENUE NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Brigham Fanning, the real property described as follows, to wit: The easterly ninety-seven (E'ly 97') of Lot Twenty-four (24), Sheffield Acres, according to the recorded plat thereof on record in the office of the Register of Deeds, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the "Sale and Development Agreement". Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Emergency Reading: November 10, 1997 Date of Passage: November 10, 1997 Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretgry REGULAR COUNCIL MEETING NOVEMBER 10, 1997 PAGE 12 Co Bid Considerations None Other Business 1) 2) Establish Work Sessions Dates/Times The City Manager advised that his Secretary has been contacting members of the Council regarding their availability for budget meeting with various departments. Public Works staff will be meeting with the Council on November 17th following the Levy Hearing. On November 25th at 6:00 p.m. the Council will be meeting with the Police and Fire Departments. The Truth in Taxation Meeting is scheduled for December 10th. Conditional Use Permit Request to Operate a Pool Hall at 4040 Central Avenue The Police Chief referred to the print out of police calls he had received relative to the pool hall operation in the City of Bloomington owned and managed by the same people making this request. He had also received correspondence from the Bloomington Police Chief regarding the history of the calls to the address where the pool hall is located. An additional concern of the Chief was the owner's reference to having the establishment create a family-oriented atmosphere. A vendor for the pool hall stated that it is located in a strip mall where all businesses at that location share the same address. He felt the calls could have been made to some of the neighboring businesses. He also serves as a Bloomington Councilmember. Councilmember Peterson inquired as to the stipulations placed on the conditional use permit for the pool hall currently at the location. The EDA Director read from minutes of the Planning and Zoning Commission meeting which addressed these conditions. No liquor would be allowed on the premises and no one under 18 years old would be allowed. The City ~anager read from fhe City Code regarding this matter also.. REGULAR COUNCIL MEETING NOVEMBER 10, 1997 PAGE 13 Motion by Sturdevant, second by Jones to approve the request for a conditional use permit to allow a pool/billiard hall and food/non-alcoholic beverage sales at 4040 Central Avenue provided the building and operation is in compliance with all licensing, zoning, building and fire code regulations and that all conditions of the existing conditional use permit are also included in this approval. Roll call: All ayes 3) Authorization to Purchase Replacement Playqround EQuipment at Prestemon Park Motion by Peterson, second by Ruettimann to authorize staff to purchase replacement playground equipment for Prestemon Park from Little Tikes Commercial Play Systems (represented by Flanagan Sales, Inc.) of Minneapolis, Minnesota, based on their responsible quotations of $21,000, with funds to be taken from 412-45200-5180. Roll call: All ayes 8. ADMINISTR3tTIVE REPORTS A. Report of the City Manager The City Manager advised that Kevin Hansen has accepted the position of Public Works Director and will commence employment on December 1st. Dana Alexon has accepted the position of Assistant Fire Chief. The City Manager noted he will be starting on December 1st. Councilmember Ruettimann requested the City Manager to contact local banks regarding the availability of mortgage money. This request was made in response to some of the concerns stated relative to the rezoning of 40th Avenue. Bo Report of the City Attorney The City Attorney had nothing to report. 9. GENERAL COUNCIL COMMI/NICATIONS A. Minutes of BQards and Commissions REGULAR COUNCIL MEETING NOVEMBER t0, 1997 PAGE 14 In the agenda packet were the minutes of the September 16, 1997 EDA Meeting. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There were no comments made during the Citizens Forum portion of the meeting. 11. ADJOURNMENT Motion by Jones, second by Ruettimann to adjourn the meeting at 9:07 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL ASSESSMENT LEVY HEARING NOVEMBER 17, 1997 ROLL CALL Jolly, Peterson, Sturdevant - present Jones, Ruettimann - absent RESOLUTION NO. 97-66 BEING A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE FOLLOWINGIMPROVEMENTS: Sealcoating of the bituminous city streets in Zone 2, Street reconstruction, Recycled Base with New Bituminous surface, mill and overlay. a) Presentation b Cit Staff Providin Ba_q_~_q~ground Information on the Above-Mentioned Im~ement Projects 1) The Acting City Engineer addressed P.I.R. 947, Project #9701 being a sealcoating of the bituminous city streets in Zone 2. This project has been completed. The recommended assessment period is for one year at 9.5% interest. 2) The Acting City Engineer explained all parts of the street reconstruction project. She reviewed the four projects and their associated costs. The recommended assessment period is for fifteen years at 9.5% interest. 3) The Acting City Engineer spoke to the projects for the new bituminous surface with recycled base. The recommended assessment period is for ten years at 9.5% interest. 4) The last project addressed by the City Engineer was for mill and overlay projects. The recommended assessment period is for ten years at 9.5% interest. .b) Questions/Comments from Cit~ Council and Public RE: Street Reconstruction Project - The property owner at 961 37th Avenue inquired how her assessment was determined. She stated that she had only eighteen feet frontage with a blacktop surface. This will be further reviewed by City staff. There was some discussion regarding how assessments, payment period and the rate of interest was determined. Some residents expressed their concern regarding the deadlines for payment without penalty and the notification of these deadlines. The statements sent regarding assessments and payment deadlines were ~eviewed with property owners by staff. SPECIAL ASSESSMENT LEVY HEARING NOVEMBER 17, 1997 PAGE 2 Some property owners on Tyler Street felt their street needed some improvements before the sealcoating was done. It was their opinion that the problems in the street have remained after the project was completed. The Acting City Engineer responded that staff is aware of the problems and the strategy is to let the matter sit over the winter months and make necessary repairs in the spring. There will be no additional assessments for this repair work. The City is committed to maintaining that street. A resident on 43rd Avenue stated that the sod laid on his property has not grown and he is not satisfied. He was advised by staff that all of the sod laid with these projects will be looked at in the spring. Some of the residents inquired if there could be a consideration given to lowering the interest rate. The Mayor felt 8% or 8 1/2% would be a fair consideration. Discussion continued regarding the reason the interest rate is set at 9.5%. Councilmembers Jolly and Peterson expressed their reluctance in reducing the rate without knowing the impact it may have on the P.I.R. Fund and the precedent it may set for future assessments. The Finance Director advised that the City should not be a lending agency and it has not had to do debt service in a long time. He felt the higher rate may encourage property owners to pay off their assessments earlier and also to seek funding from a lending agency at a lower interest rate. c) Recommended Motions: 1) Motion by Sturdevant, second by Peterson to close the public hearing and to waive the reading of Resolution No. 97- 66 there being ample copies available for the public. Roll call: All ayes R E S 0 L U T I 0 N NO. 97 - 66 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement has been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 906, 907, 908, 909, 910, 911, 912, 914, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946, 947, and 952. SPECIAL ASSESSMENT LEVY HEARING NOVEMBER 17, 1997 PAGE 3 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 17th day of November, 1997, in the City Council Chambers, 590 - 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 906, 907, 908, 909, 910, 911, 912, 914, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946, 947, and 952. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment". And this Council further finds and determines that the proper proportion of the cost of such improvements to-be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3. That said assessments may be paid in part or in full without interest on or before December 18, 1997, or in annual installments for a period of from one year to fifteen years as designated on the assessment roll, payable on or before the 15th day of September, annually, with 9.5% interest thereon. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty and a County Fee is added and the s~id delinquent special assessment is certified to the County for collection with the real estate tax. SPECIAL ASSESSMENT LEVY HEARING NOVEMBER 17, 1997 PAGE 4 Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered PIR 906-Project #9415, PIR 907-Project #9416, PIR 908-Project #9417, PIR 909-Project #9418, PIR 910-Project #9419, PIR 911-Project #9420, PIR 912- Project #9421, PIR 914-Project #9423, PIR 935-Project #9614, PIR 936-Project #9615, PIR 937-Project #9616, PIR 938-Project #9617, PIR 939-Project #9618, PIR 940-Project #9619, PIR 941- Project #9620, PIR 942-Project #9621, PIR 943-Project #9622, PIR 944-Project #9623, PIR 945-Project #9624, PIR 946-Project #9625, PIR 947-Project #9701, and PIR 952-Project #9615. Section 5. This resolution shall take effect immediately upon its passage. Passed this 17th day of November, 1997. Offered by: Seconded by: Roll Call: Peterson Sturdevant All ayes Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary 3. RESOLUTION NO. 97-65 BEING A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS Motion by Peterson, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-65 CERTIFICATION OF SPECIAL ~SSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the special assessments on the properties in the City of Columbia. Heights as submitted on the attached page and filed in the Assessment~Book ~or 1997 as an additional amount of $2,830.14. SPECIAL ASSESSMENT LEVY HEARING NOVEMBER 17, 1997 PAGE 5 BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual real estate tax statements for the current year and identified thereon as "Special Assessements - Fund #82583." SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. Passed this 17th day of November, 1997. Offered by: Seconded by: Roll call: Peterson Jolly All ayes 4) ADJOURNMENT Motion by Peterson, second by Jolly to adjourn Hearing at 8:40 p.m. Roll call: All ayes the Levy Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER MEETING OF: NOVEMBER 24, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO.: ~", CONSENT FINANCE APPROVAL ITElvI: SOFTWARE SUPPORT AGREEMENTwiTH BUSINESS RECORDS BY: JUNE JOHN~~''BY:~/;~_..~//d~' ~ CORPORATION DATE: NOV. 10,19TF In December 1989, the City entered into an agreement with Business Records Corporation to purchase a five-year software support agreement. The agreement was extended for three years in December 1994. The software support agreement provides us with annual maintenance on software as well as providing at no cost updates as changes are made. The attached support agreement is an additional three-year extension of the original agreement. The total cost of the three-year agreement is $24,135, or $8,045 annually. It is staff's recommendation to continue the software support agreement as it provides ongoing telephone support, help in resolving day-to-day operational problems, updates to the software as they are developed, and ongoing staff training in the operation of the various programs. Without the software maintenance agreement the City will not get software updates. In addition, the City would be charged between $100 and $200 per hour for all service and assistance we receive from BRC. At this average rate, 54 hours of service would cost more than the maintenance agreement. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a three-year software support agreement with Business Records Corporation for maintenance of financial software packages at a cost not to exceed $24,135, billed annually at $8,045 per year. JJ:dn 9711103 COUNCIL ACTION: ~ BUSINESS RECORDS (~ORPORATION Pa0a 1 of 1 PCB ~8, Walte Pm~ MN ~8~ (~0) ~2170 ~25 W ~rch L~, S~ 5, StocMon, CA ~207 (800) e~ SUPPORT PLUS~ SO--ARE SUPPORT AGREEMENT (SSA) C~ OF ~L~~ ~G~, CUENT ~is AGREEMENT ~ baleen BUSINE~ RECORDS ~PORATION (BRC), and the ~na~ CLIE~, and cindy s~t~ thei~ routual responsibi,~es a~ ~mmitments. This agreement is in effect ~r hree yearn, In tatum for the ~t~ ~e~ and m~s, It can be m~,i~ at any ~me ii both pa~es agree to ~e ch~ge In w~ting. ~R~CES: BRC ~11 provide ~ e ~mputer ~nsuHing and pmg~m ming ~c~ ~ec~ and dean ~ entirely by ~ls agreement ~ ~y )nclude: consu~ng, training, Installation a~s~nce~ modi~c~on or ~a ntenan~ ~ WARRAN~ESANDL~BIL~$: ~end~vom toxin.de highquali~se~s* AIIse~sarep~v~edbyqusti~s~[f,p~po~ysupe~sed, andwil~meetth=spe~ics~s agreed ~ by ~ pa~ies* ~os · sauces peffo~ ~BRC ~ ~ete~Ined by BRC to be of lass than pmfe~ional quality a~e ~ff~ted w,ho~ cha~e to Ihe CLIENT. Come,ons ~y ~ ~e [o~ oi: 1) cha~ documen~tion; 2} c~sng~ ~um or =bjec~ ~e; 3) p~e~u~ ~o ~ ~e pr~lem; or 4) additi~al s~o.. U~STANDINGS: All ~nices pe~ ~ B~ u~er ~ agreement ~1 be paid ~ ~e CLIENT a~o~ng ~ lhe agre~ f~ s~mc[ure and within 30 da~ after ~e date of ~RC m~l~ all pmpfle~ ~h ~ ~ sou~ p~m~, obJ~ pmg~, s~mu~nes, ~uts, fo~, documen~t~n, and ~chniques that am prepa~ ~ ~half of the CLI~T, un,ess a ~ecif= ~c~ Is sta~d herein, BRCw~l~ke i~ best e~on ~ s,~edule and meet sch~u~ed ~mltmants~n the o~er ~pHofl~most [~ant ~ ~eCLIENT. BRC takeslntoconsidemtlon ~e clJen~ time ~h~ule, the wo~o~d ~ i~ a~s and dlsmp~on of CLIENTS' ~edules, NI ~sn~me~ dis~bu~ns ~ili be pre~ ~r ~llation at ~e cu.ent ~0 ~=tl~ S~tam vembn ~d ml~e ~evel as wail ~ one p~or ml~se ~eveL ~is agreeme~, ~emed by t ~e ~a~ ~ the S~te ~ ~~ .~ ~a e~lm agreement be~n the pa~es. A wa~r of any pa~ of ~is ag~eme~ ~?mlt~ to · a[ ~e~fic event and shall n~ ~aiver ~e ~tire agreomant. ~y no~ces ~ufred shall be in wfi~ng and effec[l~ when de~s,~ in ~e ms~l pmpe~ addre~ pre~i= ~ge. ~ ~il not Ini~ete ac~ on ~ ny itero ~out ~e expr~ consen[ of tho CLIE~, ~n~ ~s am non-refundabl,~. BUSINESS RECORDS CORPORATION {BRC) will provide the following eervi;. ( 'SUPPORT PLUS' fu) ;n support of .the appllcetl?ne listed for t~e listed annual faa: Ual;mired training at a BRC training facility at regularly schedul~ classes. The probl;ro anarysis of Rems brougi'~t to BRC in ~t Cloud. Hot-Line Telaphon~, consults[ions. The distribution of replacement libraries for disaster recover,. Tho distribution of URC standard application enhancements. User Group Meetings. APPLICATIONS COVERED A ND ANNUAL FEE FOR SUPPORT PLUS ~. Appll=aflona Annual Fee Mist Accounts Receivable (A/I~ $ 1,087. Cash Recetpts/R6otster (C/R) 55~ GOvt Fixed Asset ~_ stem (F/A~_ incZuded Applications Annual Fee GOVt F/nanc/a! S_ustem (GFS) ~ C, ovt Payroll System (PAYMATF~ ~ Utility Billing System ~/]~.} L~ ADDITIONAl.. SERVICES (Ch tr~ed at BRC hou~ rates.) On-site visits. Syst~ros anaiysls, =rogrammlng, progroro tasting, documentation. Data ent~ and file conversions. Planning, status .m ~efln;Is an.d feaslbllRy studies. Hardware and soltware Inteneces. ~ 8,045 billed annually TOTAL This Agmeroe~t: (+~I~P..~ Ta~ Of ~.104.59/!LUL (~ 24,135for 3 ye~) ~URLY ~T~ (eff~ 4/1~D Pm]~ ~tor P~u~ Supew~r tmpleman=t~n Sp~ialist S~tem ~s~ P~mmmer Travel ~me Mileage Mania, L~g, Plane F=m, em. With SSA W~thou! SSA $ 110,O0/'HR $ 170.00/HR 100.0O,I-IR 150.00/1-1R 90.O0/HR 130.00/HR ~O.(~),/]-IR 1 90,~O~HR t30,00/HR 35,0(YHR 65.00/HR .32/MILE .32/MILE Actual Actual Dates of Coverage for Stlpport Plus"' Signed: X Title: X Client: . 0.1/0.1/1998 - .12/3:I/2000 (three years) Cit~_ of Columbia Hei_ohts 590 NE~ 40th AVE ,Columt~ia Heights MIV 55421 Business Records Corporation 2901 Third ST S PCB 548 Walte Park MN 58387-0548 Date: X ITY N IL LETTER Meeting of: 11/24/97 AGENDA SECTION: CONSENT NO: ~ ITEM: FINAL PAYMENT FOR STORM SEWER REPLACEMENT- LABELLE PARK, MUNICIPAL PROJECT #9716 dl~- t~ ..,~9 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Young ¥~ DATE: 11/18/97 CITY MANAGER Background: The contractor has completed replacement of the storm sewer in LaBelle Park from the pond to 42~d Avenue. The park area disturbed by the construction has been restored. Analysis/Conclusions: Staff is recommending approval of final payment to Penn Contracting, Inc. and acceptance of the work. Recommended Motion: Move to accept the work for Storm Sewer Replacement at LaBelle Park from LaBelle Pond to 42~a Avenue N.E., Municipal Project #9716; and, authorize final payment of $3,077.90 to Penn Contracting, Inc. of Blaine, Minnesota. KKY:jb 97-641 COUNCIL ACTION: GtTY OF C;OLUMBIA pIEIGH-f$, MN FINAL PAYMENT STROM SEWER REPLACEMENT LABELLE PARK LABt~LLE POND TO 42ND AVENUE N.E. MUNIOIPAL PROJECT #97'~16 Penn Contracting, Inc. 13025 Central Avenue N.E., Suite 200 Blaine, MN 5~434 No, Descriptioq Quantity Unit Unit Price Total 1 Clear and grub tree 2 Remove concrete curb and gutter 3 Remove bituminous parking lot 4 Remove bituminous walk 5 Remove B,C.C.M.P. 6 Salvage miscellaneous landscape items 7 Common borrow 8 Pipe bedding 9 Aggregate base Class 5 10 24" P,V,C. storm pipe 11 Concrete curb and gutter 12 Bituminous parking 13 Bituminous walk 14 Erosion barrier 15 Sod with topsoil 16 Miscellaneous landscape Items 10,0 in. $30,00 $30o.oo 24.0 L.F. $4.00 $96,00 5.0 S.Y. $4.00 $20.oo 12.0 S.Y. $4.00 $48.00 209.0 L.F. $10,00 $2,090.00 1.0 L.S. $500.00 $500,00 13.3 C.Y. $17.00 $226.10 14,2 Ton $25.00 $355.00 0.0 Ton $21,00 $0.00 209.0 L,F. $70.00 $14,630.00 24.0 L.F. $25,00 $600.00 5.0 $.Y. $19,00 $95.00 12.0 S.Y, $16.00 $192.00 30.0 L.F. $3.00 $90.00 440,0 S.Y. $3.00 $t.320o00 1.0 L.S. $600.00 $600.00 TOTAL BiD COMPLETED TO DATE MINUS PREVIOUS PAYMEN'f $21,162. i0 ($~ 8.o8~,.2o~ %OTALDUE $3,077.90 I hereby certify to the City Council of Columbia Heights that I have been in charge of the work required by the above contract; that all work has been done and performed as measured by and in accordance with and pursua~lt to the terms of s~id contract. K.A~tJ'YJE~OUNG, qE, RE?~NO. 17212 DA~E I ' PENN CONTRACTING, lNG. DA'rE CITY COUNCIL LETTER Meeting of: 11/24/97 AGENDA SECTION: C 0lq S Elq T ORIGINATING DEPARTMENT: CITY MANAGER NO. ITEM: AUTHORIZATION TO SEEK BIDS BY: K. Young ~ BY: NO. FOR DUTCH ELM DISEASED TREE DATE: 11/17/97',o DATE: REMOVAL PROGRAM Staff requests permission to seek bids for the 1998-1999 Dutch Elm Diseased Tree Removal Program. This is an ongoing program to remove diseased or hazardous trees. To provide continuity, the contract covers a two-year period. Funds for tree removal come from the General Fund for City-owned trees and 50% of privately owned trees. Property owners pay for the other 50%. RECOMMENDED MOTION: Move to authorize staff to seek bids for the 1998-1999 Dutch Elm Diseased Tree Removal Program. KKY:jb 97-638 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 11/24/97 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: k~ PUBLIC WORKS ITEM: AWARD PURCHASE OF FLOOR SCRUBBER BY: K. Young ~ FOR MUNICIPAL SERVICE CENTER ~ -/g~ .~ DATE: 11/18/97~ DATE: Background: The current floor scrubber was purchased in November of 1985 for $4,775. It has a projected service life of 10 years. This machine is used to scrub the main floor of the Municipal Service Center Garage. It is very important to keep this floor as clean as possible to minimize structural damage that can result from road salt. The entire garage floor is cleaned at least once a month in the summer and twice a month in the winter if weather conditions permit. Analysis/Conclusions: This unit has been pushed back on the equipment replacement budget for the last two years. The amount budgeted for replacement is $10,880 from fund 434-49950- 5180. The current condition of the equipment shows signs of rusting out in areas where replacement parts are not available. Council authorized staff to seek bids at its meeting of October 27th. Three quotations have been received and staff has conducted equipment demonstrations for each model of scrubber. Electric Forklift Supply (American-Lincoln) $6,926.34 Savoie Supply (Advance) $7,936.80 Dalco (Tennant) $8,461.00 Staff recommends the purchase of the Tennant floor scrubber because it has a five-year warranty. The other makes have 3-year warranties. The Termant also has the capability of adding an optional sweeper attachment that would make the machine much more useful. Recommended Motion: Move to award the purchase ora replacement floor scrubber, Termant 5700, for the Municipal Service Center to Dalco of Minneapolis Minnesota, based on their responsible quotation of $8,461.00 with the funds to be taken from 43449950-5180. K_KY:jb 97-639 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PROPOSAL FORM ONE (1) NEW COMMERCIAL GRADE, HEAVY DUTY, DISC BRUSH, BA'I-I'ERY-POWERED, WALK-BEHIND FLOOR SCRUBBER YEAR/MAK~MODEL TOTAL BASE BID OPTION 2-A - TRADE IN: -- t DELIVERY: ESTIMATED TIME OF DELIVERY -.~' "~ DAYS AFTER RECEIPT OF PURCHASE ORDER AT LOCATION DESCRIBED IN THE INSTRUCTIONS TO BIDDER. THE UNIT MUST BE COMPLETE AS SPECIFIED WITH ANY NECESSARY PRE-DELIVERY SERVICE PERFORMED AND BE READY TO WORK. CONTACT PEOPLE: SIGNATURE: NAME/TITLE: COMPANY NAME: ADDRESS: TELEPHONE: DATE: LAUREN McCLANAHAN 782-2891/STEVE SYNOWCZYNSKI 782-2895 QUOTATION DUE: NOVEMBER 7~ 1997 - 1:00 P.M, Return quotation to: or Fax Quote to: City of Columbia Heights 637 38th Ave. N.E. Columbia Heights, MN. 55421 ATTN: Barb 782-2875 ATT'N: Barb CITY COUNCIL LETTER Meeting of: 11/24/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: ~.~ CONSENT PUBLIC WORKS ITEM: RESOLUTIONS ORDERING PREPARATION OF BY: K. Young~L~ BY: REPORT ON PROPOSED STREET IMPROVEMENTS IN DATE: 11/18/97 DATE: 1998 4" ~]' ~ Background: To comply with Minnesota State Statutes, the Council must pass a resolution calling for a report on the necessity, cost effectiveness and feasibility of a proposed assessed improvement. Analysis/Conclusions: The attached resolutions call for the City Engineer to prepare the required reports for the street improvement projects for 1998. These projects include: Street Reconstruction Highland Place, West Upland Crest to East Upland Crest Forest Drive, West Upland Crest to East Upland Crest East Upland Crest, Fairway Drive to North Upland Crest Recycled Base with New Surface Heights Drive, 45t~ Avenue to Fairway Drive Golf Place, Chatham Road to Heights Drive Ivanhoe Place, Maiden Lane to Cul-de-sac Polk Place, 50t~ Avenue to Pierce Terrace Polk Circle, Polk Place to Cul-de-sac Recycled Base with New Bituminous Surface or Mill and Overlay Mulcare Drive, Pierce Terrace to Polk Place Molan Terrace, Lincoln Terrace to Cul-de-sac Mill and Overlay Chatham Road, 45m Avenue to Fairway Drive Maiden Lane, Heights Drive to Cul-de-sac Lincoln Terrace, Tyler Street to Pierce Terrace 50m Avenue, Central Avenue to Fillmore Street Buchanan Place and Buchanan Street, Fillmore Street to North Corporate Limit Pierce Terrace, Polk Place to Matterhorn Drive Fillmore Street, 49m Avenue to Pierce Terrace Johnson Street, Innsbruck Parkway to Lincoln Terrace COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 11/24/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTIONS ORDERING PREPARATION OF BY: K. Young BY: REPORT ON PROPOSED STREET IMPROVEMENTS IN DATE: 11/18/97 DATE: 1998 Page 2 - Continued Seal Coating All residential streets in Zone 3 (Chatham Road to Stinson Boulevard, 45t~ Avenue to 49t~ AvenUe and Central Avenue to Stinson Boulevard, 49t~ Avenue to North Corporate Limit). Our proposed schedule calls for holding the improvement hearing for the rehabilitation projects in January 1998 and the seal coat project in March 1998. Under this schedule, the rehabilitation projects for Zone 3 will be bid in early February and the seal coat in April. Recommended Motion: Move to waive the reading of the Resolutions, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 97- 67 , No. 97 68 , No. 97- 69, and No. 97- 70 Being Resolutions ordering the preparation of reports for proposed 1998 street projects. KKY:jb 97-640 COUNCIL ACTION: RESOLUTION NO. 97- 6 7 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH COMPLETE RECONSTRUCTION WHEREAS, the City Council of Columbia Heights is proposing to improve the following streets by complete street reconstruction: Highland Place, West Upland Crest to East Upland Crest Forest Drive, West Upland Crest to East Upland Crest East Upland Crest, Fairway Drive to North Upland Crest, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer for study and that he is instructed to report to the Council xvith all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Datedthis24 dayof November, 1997. Offered by: done s Seconded by: Jo 1 1 y Roll Call: A1 I ayes CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota 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 24th day of November, 1997, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION NO. 97- 68 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET [MPROVENIENT WITH RECYCLED BASE AND NEW BITUMINOUS SURFACE WHEREAS, it is proposed to improve the following streets by constructing a recycled base and new bituminous surface with miscellaneous concrete repairs: Heights Drive, 45t~ Avenue to Fairway Drive Golf Place, Chatham Road to Heights Drive Ivanhoe Place, Maiden Lane to Cul-de-sac Polk Place, 50~ Avenue to Pierce Terrace Polk Circle, Polk Place to Cul-de-sac, and WHEREAS, it is proposed to improve the following streets by constructing a recycled base and new bituminous surface or a mill and overlay with miscellaneous concrete repairs Mulcare Drive, Pierce Terrace to Polk Place Molan Terrace, Lincoln Terrace to Cul-de-sac, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Datedthis 2/~ dayof November, 1997. Offered by: J o n e s Seconded by: J o l l y Roll Call: A 1 1 a ye s CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a tree and correct copy ora 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 24th day of November, 1997, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION NO, 97- 69 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH MILLING AND BITUMINOUS OVERLAY WHEREAS, the City Council of Columbia Heights is proposing to improve the following streets by milling and bituminous overlay with miscellaneous concrete repairs: Chatham Road, 45th Avenue to Fairway Drive Maiden Lane, Heights Drive to Cul-de-sac Lincoln Terrace, Tyler Street to Pierce Terrace 50~ Avenue, Central Avenue to Fillmore Street Buchanan Place and Buchanan Street, Fillmore Street to North Corporate Limit Pierce Terrace, Polk Place to Matterhorn Drive Fillmore Street, 49t~ Avenue to Pierce Terrace Johnson Street, Innsbruck Parkway to Lincoln Terrace, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statues, Chapter 429. NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Datedthis2/4 dayof November, 1997. Offered by: Jones Seconded by: Jo 1 1 y Roll Call: A11 ayes CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota 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 24th day of November, 1997, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION NO, 97- 70 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON SEAL COATING IMPROVEMENT WHEREAS, the City Council of Columbia Heights proposes to improve the following streets by seal coating, Upland Crest, Heights Drive to Fainvay Drive Cheery Lane, Fillmore Street to Cul-de-sac Khyber Lane, Fillmore Street to Cul-de-sac Borealis Lane, Fillmore Street to Cul-de-sac Central Avenue Service Drive, approximately 380' south of 50t~ Avenue to 195' north of 50th Avenue 5 l~t Court, Central Avenue to Central Avenue Tyler Street, 49~ Avenue to 50th Avenue Fairway Drive, 49th Avenue to Fairway Drive North Upland Crest, Pennine Pass to Stinson Blvd. Stinson Blvd., 5th St. N.W. to 325' north of centerline of North Upland Crest WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in conneciton xvith some other improvement, and the estimated cost of the improvement as recommended. Datedthis 24 dayof November, 1997. Offered by: Jones Seconded by: Jo 11 y Roll Call: Al 1 ayes CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary State of Minnesota Count), of Anoka City of Columbia Heights CERTIFICATION 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 24th day of November, 1997, as disclosed by the records of said City in my possession. (Seal) JoiAnnc Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: 11/24/97 AGENDA SECTION: C0N $.r N T ORIGINATING DEPARTMENT: CITY MANAGER ITEM: JOINT POWERS AGREEMENT WITH BY: IC Young~ BY: MINNEAPOLIS FOR UPGRADE OF TRAFFIC CONTROL DATE: 11/18/97`0 DATE: systeM - - '7 Background: The City of Minneapolis o~ms and maintains the signal system at the intersection of 37th Avenue, Reservoir Boulevard and Central Avenue (T.H.65). As part of the Emergency Vehicle Preemption improvements at this intersection, the signal controller and cabinet need to be replaced. The design and construction work will be done by the City of Minneapolis. The Cities of Columbia Heights and Minneapolis will be sharing the cost. These costs will be reimbursed to the City of Columbia Heights from the Municipal State Aid construction fund. Analysis/Conclusions: The attached Joint Powers Agreement authorizes the City of Minneapolis to design and install the controller and cabinet on behalf of the City of Columbia Heights, as well as outline thc terms for sharing the initial costs and on-going electrical and maintenance costs. This agreement is similar to the joint powers agreement signed to construct the signal system at 37th Avenue and Johnson Street. Recommended Motion: Move to authorize the Mayor and City Manager to enter into a Joint Powers Agreement with the City of Minneapolis for participation in the upgrade of traffic control signal system at the intersection of 37th Avenue, Reservoir Boulevard and Central Avenue (T.H. 65). KKY:jb 97-643 COUNCIL ACTION: Agreement No. __ City of Minneapolis Municipal State Aid Street 272 City Project No. P.D. ~ City of Columbia Heights Municipal State Aid Streets 101 and 103 City Project No. 9505 S.A.P. 113-010-07 S.A.P. 113-030-01 AGREEMENT FOR PARTICIPATION IN THE UPGRADE OF TRAFFIC CONTROL SIGNAL SYSTEM AGREE1V[ENT, Made and entered into this Day of ., 19 , by and between the City of Minneapolis, a body politic and corporate under the laws of the State of Minnesota, hereinaiSer referred to as "Minneapolis" and the City of Columbia Heights, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "Columbia Heights". WlTNESSETH: WHEREAS, it is considered mutually desirable to upgrade an existing traffic control signal system at the intersection of Central Avenue Northeast (Trunk Highway 65), 37t~ Avenue Northeast (Municipal State Aid Streets No. 272 and No. 101) and Reservoir Boulevard Northeast (Municipal State Aid Street No. 103) with emergency vehicle pre- emption. WHEREAS, all parties have expressed willingness to participate in the upgrade costs of said signal system; Agreement No. WI~REAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes. Now THEREFORE, IT IS HEREBY AGREED: I. Minneapolis shall prepare the necessary plans, specifications, and cost estimate; install traffic controller cabinet with city forces and perform the required engineering and inspection. Such installation, as described immediately above, shall be identified and accomplished under Minneapolis Project No. P.D. __ and Columbia Heights Project No. 9505 hereinatSer referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. II. The construction of this project shall be under the supervision and direction of Minneapolis' Director of Public Works/City Engineer. However, the other parties shall cooperate with the City Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. III. It shall be the responsibility of each of the cities to relocate or cause the relocation of'any and all public and/or private utilities presently located within it's respective municipal boundaries ~vhich must be relocated to construct the project as designed by Minneapolis. Agreement No. Unless provided otherwise, each City shall be responsible for one hundred percent (100%) of any costs incurred for the relocations of any existing utilities within its respective municipal boundaries. IV. In the event addkional right-of-way, permits and/or easements are required to complete the project as designed by Minneapolis, they shall be acquired by and at the sole cost and expense of the City in which they exist. All cities agree that any license or permits required to perform work, except electrical, within their boundaries shall be issued at no cost. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. VI. If needed, Minneapolis shall install or cause the installation of adequate three wire, 120/240 volt, single phase, alternating current electrical power connections to the controller cabinet. The costs, if any, for the installation of the power source, shall be shared equally by the two cities. Minneapolis shall also provide the electrical energy for the operation of the traffic control signals to be installed. The electrical costs will be shared by the two cities as stipulated in Article XI <>f~his Agreement. VII. Minneapolis shall invoice the City of Columbia Heights for the construction and engineering cost of the controller cabinet at the intersection of Central Avenue (Trunk Agreement No. Highway 65), 37th Avenue Northeast (Municipal State Aid Streets No. 272 and No. 101) and Reservoir Boulevard Northeast (Municipal State Aid Street No. 103). Columbia Heights shall request reimbursement from Municipal State Aid. The estimate of the total cost for the work for the project is $15,000.00. It is further agreed that this is an estimate of the construction cost for the work on said project and that the final quantities as measured by Minneapolis City Engineer shall govern in computing the total final construction cost. In addition to the construction cost, Columbia Heights also agrees to pay to Minneapolis a sum equal to eighteen percent (18%) of the construction cost for engineering cost incurred by Minneapolis in connection with the work performed under this contract. Within sixty (60) days after submittal of an invoice by Minneapolis to Columbia Heights, Columbia Heights shall deposit with Minneapolis, ninety percent (90) of the construction and engineering costs for the project. The remaining ten percent (10%) is to be paid to Minneapolis upon the completion of the project and submittal of an invoice of Minneapolis City Engineer's Final Estimate for the project. VIII. The Minneapolis City Engineer will prepare monthly progress reports as provided in the specifications. A copy of these reports will be furnished to each party upon request. Agreement No. IX. All records kept by each party with respect to this project shall be subject to examination by the representatives of the other parties hereto. X. Minneapolis shall be the only party authorized to revise by addition or deletion, or alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities of the other parties in situations where a part of such traffic control signals may be directly involved in an emergency. XI. Upon completion of the work, Minneapolis shall maintain and repair or cause the maintenance and repair of said traffic control signal system. Columbia Heights shall reimburse Minneapolis for Fifty percent (50) of the electrical and maintenance costs of' the traffic signal system at the intersection of Central Avenue Northeast (T.H.65), 37t~ Avenue Northeast (Municipal State Aid Streets No. 272 and No. 101, and Reservoir Boulevard Northeast (Municipal State Aid Street No. 103). Costs for future improvements and/or upgrades will be shared per apportionments of the initial installation. It shall be the responsibility of Mfinneapolis to invoice Columbia Heights for the aforestated reimbursements, Reimbursement shall be remitted to Minneapolis within sixty (60) days of receipt of said invoices. Agreement No. It is further agreed that each party of this agreement shall not be responsible or liable to any of the other parties or to any other person or persons whosoever for claims, damages, actions, or causes of action of any kind or character arising out of or by reason of the performance of any work or part hereof by the other parties as provided for herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue or performance hereunder by that party. XIII. It is further agreed that any and all employees of each party of this' agreement and all other persons engaged by that party in the performance of any work or services required or provided herein to be performed by that party shall not be considered employees of any of the other parties, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of any of the other parties. XIV. The provisions ofM. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of the City of Minneapolis shall be considered a part of this agreement as though fully set forth herein. Agreement No. In accordance with Minneapolis Affirmative Action Policy and the Minneapolis City Council's policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, 'affectional/sexual preference, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. /, IN TESTIMONY WI-~REOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. COUNTERSIGNED: By: CITY OF MINNEAPOLIS City Finance Officer By: Date: Date: Approve as to Legality: Attest: By: Assistant City Attorney Date: Date: Mayor Assistant City Clerk Agreement No. CITY OF COLUMBIA HEIGHTS (Seal) By: Date:. Mayor Approve as to Legality: By: City Attorney Date: City Manager Date: EXI-IIBIT "A" TRAFFIC SIGNAL CONTROLLER CABINET CONSTRUCTION COST Location Central Avenue (T.H. 65) 37th Avenue Northeast (Municipal State Aid Streets No. 272 and No. 101) And Reservoir Boulevard Northeast '; (Municipal State Aid Street No. 103) Total Cost $15,000.00 ENGINEERING COST Design Cost (10%) Construction Cost (8%) $1,500.00 $ ~,2oo,oo TOTAL $17,700.00 CITY COUNCIL LETTER Meeting of November 24, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER LJ. Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt B Rental License Revocation DATE: November 14, 1997 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Bradley Anderson regarding rental property at 4357-59 7~ Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of November 24, 1997. The public hearing on this property may now be closeci in that the owner-has complied with requirements of the Housing Maintenance Code by scheduling the a ~nznual inspection of the property. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Bradley Anderson Regarding Rental Property at 4357-59 7th Street in that the Provisions of the Housing Maintenance Code Have Been Complied With. COUNCIL ACTION: Close Heating Council Letter CITY COUNCIL LETTER Meeting of November 24, 1997 AGENDA SECTION: C 0 N $ E ~q T ORIGINATING DEPARTMENT: CITY MANAGER ,d Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt Rental License Revocation DATE: November 14, 1997 DATE: No: 4- The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Anthony Melton regarding rental property at 3736-38 3~a Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of November 24, 1997. The public hearing on this property may now be closed, in that t.:he owner has complied with requirements of the Housing Maintenance Code by scheduling the annual inspection of the property. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Anthony Melton Regarding Rental Property at 3736-38 3rd Street in that the Provisions of the Housing Maintenance Code Have Been Complied With. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETI'ER Meeting of November 24, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT d Fire APPROVAL NO: ITEM: Closing Hearing/Adopt Resolution BY: Charlie Kewatt BY: Rental License Revocation DATE: November 20, 1997 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Thomas Brooks regarding rental property at 4328 NE 6th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the 'reading of Resolution No. 97- copies available to the public. __, there being ample RECOMMENDED MOTION: Move to adopt Resolution No. 97- ., 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 Thomas Brooks Regarding Rental Property at 4328 NE 6th Street. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Thomas Brooks Regarding Rental Property at 4328 NE 6th Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 24, 1997 AGENDA SECTION: C 0t~ $ E ti'7 ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: q Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt License Revocation, Rental Properties NO: ~-~--// DATE: November 14, 1997 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Lisa Kelly .................................. 5031 Jefferson Street 2. Gladys Erie.. -'~- 1001 42-1/2 Avenue 3. Bonnie O'Donnell ............................ 621-23 51st Avenue RECOMMENDED MOTION: Move to Establish a Hearing Date of December 8, 1997 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the above- named Property Owners Regarding their Rental Property. COUNCIL ACTION: AGENDA SECTION: CONSENT NO. /3( ITEM: Ordinance No. 1367 '~'tg~4~ NO. Persons and Vehicles in Parks CITY COUNCIL LETTER ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: November 19, 1997 Meeting of November 24, 1997 CITY MANAGER APPROVPvlr)~! ~ , / · BACKGROUND It was brought to my attention by one of our officers that the Anoka County judges are dismissing tags issued to individuals in the park after 11:00 P.M. and before 6:00 A.M. The judges are stating that as written, the Ordinance only addresses vehicles, not people. ANALYSIS/CONCLUSION: Below is how the Ordinance currently reads and how we suggest it be amended: No person shall park, be or remain in, or leave any vehicle in the park or parkway, between the hours of 11:00 P.M. and 6:00 A.M., unless said vehicle is otherwise authorized to remain in a park. REVISED: No person shall park, be or remain in ~i!~.~~, or ~ leave any vehicle in the park or parkway, between the hours of 11:00 P.M. and 6:00 A.M., unless said ~:. ......... ~?~ vehicle is otherwise authorized to remain in a park. RECOMMENDED MOTION: Motion: Move to waive the first reading of Ordinance No. 1367, there being ample copies available for the public. Motion: Move to schedule the second reading of Ordinance No. 1367, being an ordinance amending ordinance 853, City Code of 1977, to prohibit persons to park, be in or remain in any park or parkway, or park or leave any vehicle in the park or parkway, between the hours of 11:00 P.M. and 6:00 A.M., unless said person or vehicle is otherwise authorized to remain in a park, for December 8, 1997, at approximately 7:00 P.M. TMJ:mld 97-514 COUNC~ AC~ON: AGENDA SECTION: NO. ITEM: Ordinance No. 1367 NO. Persons and Vehicles in Parks CITY COUNCIL LETTER ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnso~ DATE: November 19, 1997 Meeting of November 24, 1997 CITY MANAGER APPROVAL: BY: DATE: BACKGROUND It was brought to my attention by one of our officers that the Anoka County judges are dismissing tags issued to individuals in the park after 11:00 P.M. and before 6:00 A.M. The judges are stating that as written, the Ordinance only addresses vehicles, not people. ANALYSIS/CONCLUSION: Below is how the ordinance currently reads 'and how we suggest it be amended: No person shall park, be or remain in, or leave any vehicle in the park or parkway, between the hours of 11:00 P.M. and 6:00 A.M., unless said vehicle is otherwise authorized to remain in a park. REVISED: No person shall park, be or remain in ~i~!~?~"~, or ~ leave any vehicle in the park or parkway, between the hours of 11:00 P.M. and 6:00 A.M., unless said ~!i~ vehicle is otherwise authorized to remain in a park. RECOMMENDED MOTION: Motion: Move to waive the first reading of ordinance No. 1367, there being ample copies available for the public. Motion: Move to schedule the second reading of Ordinance No. 1367, being an ordinance amending ordinance 853, City Code of 1977, to prohibit persons to park, be in or remain in any park or parkway, or park or leave any vehicle in the park or parkway, between the hours of 11:00 P.M. and 6:00 A.M., unless said person or vehicle is otherwise authorized to remain in a park, for December 8, 1997, at approximately 7:00 P.M. TMJ:mld 97-514 COUNCIL ACTION: ORDINANCE NO. 1367 BEING AN ORDINANCE AMENDING CHAPTER 10, ARTICLE II, SECTION I OF THE COLUMBIA HEIGHTS CITY CODE 853 PROHIBITING CONDUCT ON PARK PROPERTY. The City of Columbia Heights does ordain: No person shall park, be or remain in any park or parkway, or park or leave any vehicle in the park or parkway, between the hours of 11:00 P.M. and 6:00 A.M., unless said person or vehicle is otherwise authorized to remain in a park. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary First Reading: Second Reading: Date of Passage: TO CiTY COUNCIL NOVEMBER 24, 1997 *signed Waiver Form Accomganied Application 1997 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *AWR, Inc. d/b/a AIIweather Roof *Lakeland Plumbing *Schroeder Exteriors, Inc. Siivernaii Ent. Ltd. LOCATED AT 3023 Shelling Ave. S. 22070 Woodbine St. N.W. 2328 Silver Lane 3645 Perry Ave. N. FEES 840.00 840.00 840.00 840.00 license.ag ~BRC FINANCIAL SYSTEM 11/20/97 !7:41:35 FUND RECAP: FUND DESCRIPTION 101 GENERAL 201 COMbUJNITY DEVELOPMENT FUND 203 PA/~k'VIEW VILLA NORTH 204 ECONOMIC DEVELOPMENT AUTH 205 SECTION 8 212 STATE AID MAINTENANCE 213 PARF3VIEW VILLA SOUTH 225 CABLE TELEVISION 235 RENTAL HOUSING 240 LIBRARY 250 COL HGHTS A~TER SCHOOL ENRI 265 CONFISCATED/FORFEITED PROP 402 STATE AID CONSTRUCTION 406 MEDTRONIC DEVELOPMENT 412 CAPITAL IMPROVEMENT PARKS 415 CAPITAL IMPROVEMENT - FIR 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 609 LIQUOR 701 CENTP-%L GAi~AGE 710 ENERGY MANAGEMENT 720 DATA PROCESSING 884 INSURANCE 885 ESCROW 887 FLEX BENEFIT TRUST FI/ND TOTAL ALL FUNDS Check History DISBURSEMENTS 45,875.86 319.46 9,174.62 608.26 185.58 2,485.82 4,986.82 4~471.69 257.80 5,422.70 351.01 467.78 23,642.89 305.63 1,311.43 796.63 70,377.08 2,420.97 46.83 289,393.37 4,103.19 22,802.36 34.35 24,355.44 173,614.45 653.08 688,465.10 CITY OF COLU}4BIA HEIGHTS GL060S-V05.00 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 688,465.10 688,465.10 BRC FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/97 17:4 GL540R-V05.00 PAGE I Check History 11/24/97 COUNCIL REPORTS BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ACME TYPEWRITER 68316 179.31 AIR TOUCH CELLULAR 68317 77.86 ASPEN MILLS, INC. 68318 65.60 BELLBOY BAR SUPPLY 68319 347.21 BELLBOY CORPORATION 68320 16,306.87 BERG/LOIS 68321 28.00 BERGFORD TRUCKING 68322 501.00 CEHTP~AL STORES 68323 47.99 CNISAGO LAKES DISTRIBUTI 68324 2,745.30 CITY WiDE WINDOW SERVICE 68325 24.80 COCA-COLA BOTTLING MIDWE 68326 2,177.66 CRISWELL/DONALD 68327 93.67 EAGLE WINE COMPANY 68328 2,904.43 EAST SIDE BEVEP~AGE CO 68329 67,574.70 EGGE/JAMES 68330 158.40 ELECTRONIC DATA STORAGE 68331 1,901.19 GENDINE PA/%TS/NAPA AUTO 68332 105.78 GLENW00D INGLEWOOD 68333 26.41 GRIGGS-COOPER & CO 68334 22,616.49 HOHENSTEINS INC 68335 2,586.80 J0~I~SON BROS. LIQUOR CO. 68336 13,154.80 JOHNSON PAPER & SUPPLY C 68337 290.69 JOHNSON/THOMAS M 68338 30.00 KNUTSON/iRENE 68339 29.00 KUETHER DIST. CO. 68340 22,110.15 LEEF BROS. 68341 49.89 MARK VII DIST. 68342 18,771.90 MEYERS/JOANN 68343 3.50 MINNEGA~CO 68344 153.88 MINTER-WEISMAN 68345 4,518.29 MN ASPHALT PAVEMENT ASSO 68346 120.00 MOELLER/KAREN 68347 25.87 MPELRA 68348 45.00 N S P 68349 19,571.36 NORTH STAR ICE 68350 1,227.60 NORTHI.~/~D ELECTRIC SUPPL 68351 115.71 PARTS PLUS 68352 45.82 PEPSI-COLA-7 UP 68353 849.26 PETTY CASH - GARY BRAATE 68354 133.04 PETTY CASH - KAREN MOELL 68355 72.11 PETTY CASH - FJ%RTI F~%DSE 68356 25.00 ~BRC FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/97 17:4 GL540R-V05.00 PAGE 2 Check History 11/24/97 COUNCIL REPORTS BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT PHILLIPS WINE & SPIRTS 68357 7,177.86 PINNACLE DISTR 68358 159.70 PRIOR WINE 68359 1,118.65 PROEX PHOTO SYSTEM 68360 130.36 QUALITY WINE & SPIRITS ~8361 3,795.97 RODDY/WILLIAM 68362 46.74 SANDBACK/MJ~RGE 68363 34.00 SANDBERG/BARBAP. A 68364 123.82 SIDEWALK BY MIRCOSOFT 68365 2,232.00 STAR TRIBUNE 68366 1,122.05 SUNDEERG/FLORENCE 68367 36.50 SYNOWCZSKI/STEVE 68368 123.82 TULL BEARING 68369 51.06 ~"JR/qQUIST INC 68370 393.67 WELSH/JUDITH 68371 69.80 WESTLU~q)/L T 68372 39.45 WINE COMPANY/THE 68373 1,192.95 WORLD CLASS WINE 68374 484.67 MN DEPT OF LABOR & INDUS 68375 840.00 AARP 68377 224.00 ACCOUNTEMPS 68378 1,489.20 AIR TOUCH CELLULAR 68379 6.85 BELLBOY BAR SUPPLY 68380 64.42 BELLBOY CORPORATION 68381 9,998.13 BERGFORD TRUCKING 68382 266.40 BERGMAN/JENNIFER 68383 39.87 BOLANDER/JULIE 68384 151.43 BUETTNER/ARDELLA 68385 103.92 CORBETT/PAUL & ELIZi~BETH 68386 64.00 CL94MINGS/AVIS 68387 8.00 DELEGAR/DTOOL CO. 68388 300.06 GENUINE PARTS/NAPA AUTO 68389 203.74 HOCKEY BACKERS 68390 1.00 HOHENSTEIN/bL%RLEN 68391 20.68 IBM CORPOP, ATION 68392 390.00 LARSON/M3%RY 68393 5.00 LOUTCHK0/RELEN 68394 26.50 MCELROY/CAROL 68395 7.00 MCGEE/MICHAEL 68396 20.00 MINTER-WEIS~t~N 68397 2,643.21 MN DEPT OF P.~VENLTE 68398 8,631.00 BRC FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/97 17:4 GL540R-V05.00 PAGE 3 Check History 11/24/97 COUNCIL REPORTS BANK VENDOR CHECK AVJMBER AMOUNT BANK CHECKING ACCOUNT MURPHY/LEONA 68399 26.50 OLYNYK/PAT 68400 1,197.72 OWENS SERVICES CORP 68401 2,140.84 PALMQUIST/BEP. NiE 68402 26.50 PARK SUPPLY INC 68403 51.16 PARTS PLUS 68404 125.56 PAUSTIS & SONS 68405 285.61 PETTY CASH - GARY BRAATE 68406 94.15 PETTY CASH - F~%REN MOELL 68407 99.12 PINNACLE DISTR 68408 43.20 QUALITY WINE & SPIRITS 68409 4,679.16 ROGER/JOHN 68410 36.17 RONICK 68411 113.16 ROZM~RK/MIKE 68412 70.00 SC~J~LZ/JOYCE 68413 8.00 STAR TRIBUNE 68414 83.22 THOMPSON/PAT 68415 9.55 UNITED STATES SECURITY I 68416 1,384.85 WINE COMPANY/THE 68417 649.50 ZAGAROS/LALrRA 68418 199.36 AFSCME 68419 733.18 ANOKA COUNTY SOCIAL SERV 68420 65.00 DCA INC. 68421 2,411.85 DENTICA/~E 68422 208.08 FIRST COMMUNITY CREDIT U 68423 1,710.00 GREAT WEST LIFE &A/FNUIT 68424 3,718.50 ICMA P,~TIREMENT TRUST 45 68425 9,674.29 ISANTI COUNTY FAMILY SER 68426 163.44 MINNESOTA MUTUAL LIFE 68427 983.00 MN STATE RETIREMENT SYST 68428 1,189.00 NORWEST BANK - PAYROLL A 68429 122,954.83 PERA 68430 21,271.00 FEP. A - DEFINED CONTRIE~T 68431 94.62 PER3%LIFE INSURA/~CE 68432 138.00 PER3% POLICE RELIEF CONSO 68433 1,348.88 PRUDENTIAL LIFE INSUI~ANC 68434 619.00 P. AMSDELL SCHOLARSHIP FUN 68435 54.25 SA~4S ~6310 68436 212.79 STANDARD INS~q~3%NCE COMPA 68437 675.35 STATE CAPITOL CREDIT UNI 68438 1,370.00 UNION 49 68439 609.00 · BRC FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/97 17:4 GL540R-V05.00 PAGE 4 Check History 11/24/97 COUNCIL REPORTS BANK VENDOR CHECK N~ER AMOLrNT BANK CHECKING ACCOUNT UNITED WAY 68440 115.00 WY$/QIDOTTE CO~Y COURT H 68441 150.00 A T & T CONSUMER PRODUCT 68443 47.82 A T&T WIRELESS 68444 16.00 ACE HARDWARE '68445 215.70 AID ELECTRIC SERVICE INC 68446 460.37 AiR TOUCH CELLULAR 68447 213.23 AMERICAN AGENCY INC 68448 16,508.00 AMERICAN LISTEN SUPPLY CO 68449 110.39 AMSTERDAM PRINT & LITHO 68450 55.20 ANOKA COUNTY LIBRARY 68451 306.43 APACHE GROUP OF MN 68452 180.07 AT & T 68453 65.89 AUDIO EDITIONS 68454 85.89 BAKER & TAYLOR 68455 1,709.60 BARCODE DISCOUNT WAREHOU 68456 1,158.76 BARNA GUZY & STEFFEN LTD 68457 7,847.44 BATTERY CITY INC 68458 255.56 BAUER BUILT TIRE & BATTE 68459 100.87 BERNICK A_ND LIFSON 68460 2,530.50 BIFF'S,INC. 68461 468.82 BOYER TRUCK PARTS 68462 117.98 BRIGHTON EXCAVATING 68463 140.58 BRODA~T 68464 28.42 BT OFFICE PRODUCTS INT'L 68465 14.57 C~%RGILL INC 68466 1,488.04 CDP IMAGING SYSTEMS 68467 88.00 CENTRAL AVENI3E R3%DIATOR 68468 794.00 CENTRAL STORES 68469 211.46 CHEMSEARCH 68470 724.28 CHISAGO LAKES DISTRIBUTI 68471 3,554.31 CITY BUSINESS 68472 69.00 CITY OF ST PAUL 68473 50.00 CITY WIDE LOCKSMITHING 68474 678.03 COCA-COLA BOTTLING MIDWE 68475 293.50 COM]4ERS CONDITIONED WATE 68476 69.26 CONNELLY INDUSTRIAL ELEC 68477 191.97 CONTINENTAL SAFETY EQUIP 68478 137.87 CROWN FENCE & WIRE 68479 1,311.43 D J'S F//NICIPAL SUPPLIES 68480 332.45 DANKA OFFFICE IMAGING CO 68481 704.13 BRC FINANCIAL SYSTEM 11/20/97 17:4 Check History 11/24/97 COUNCIL REPORTS BANK %U~NDOR BANK CHECKING ACCOUNT DAVIES WATER EQUIP CO. DEMCO DU ALL SERVICE CONTRACTO HAGLE WibrE COMPANY ELECTRIC FIRE & SECURITY ELVIN SAFETY SUPPLY EMERALD CLEANING SERVICE FLEX COMPENSATION, INC FUEL OIL SERIVCE GALE RESEARCH CO. GASB ORDER DEPT GLA~S MASTERS GOPHER STATE ONE-CALL IN GRIGGS-COOPER & CO HAPPEL DBA PLA/~SIGHT/JER NIGHSMITH INC HONENSTEINS INC HOME DEPOT #2802 HONEYWELL INC HOSPITALITY SUPPLY COMPA INDUSTRIA~L DOOR CO INC IPC PRINTING JERRY'S SIGNS INC JOKNSON BROS. LIQUOR CO. K MART KENNEDY & GRAVEN KUETHER DIST. CO. ~ COUNTRY CPLAPTER ICB LANO EQUIPMENT CO. LEAGUE OF MINNESOTA CITI LEEF EROS. LITTLE JACKS STEAKHOUSE LOFFLER BUSINESS SYSTEMS MAILE ENTERPRISES INC MARSHALL CONCRETE PRODUC MAUMA MEDTOX LABORATORIES, INC MENARDS CASHWAY LUMBER-F METRO WELDING SUPPLY MICHIE BUTTERWORTH MID-NORTHERN ELECTRIC CHECK NUMBER 68482 68483 68484 68485 68486 68487 68488 68489 68490 68491 68492 68493 68494 68495 68496 68497 68498 68499 68500 68501 68502 68503 68504 68505 68506 68507 68508 68509 68510 68511 68512 68513 68514 68515 68516 68517 68518 68519 68520 68521 68522 CITY OF COLUMBIA HEIGHTS GL540R-V05.00 PAGE 5 AMOUNT 105.22 16.91 2,589.59 181.65 147.00 249.25 79.88 190.00 21.85 461.80 295.00 1,267.60 131.25 15,648.55 3,800.00 162.17 6,675.60 136.20 15,873.25 856.05 130.26 560.08 25.00 8,630.34 55.21 886.13 17,852.25 20.00 119.49 9,221.00 109.67 170.29 17.25 570.67 257.37 30.00 28.50 3.52 17.23 99.74 197.39 ~BRC FINANCIAL SYSTEM 11/20/97 17:4 Check History 11/24/97 COUNCIL REPORTS CITY OF COLUMBIA HEIGHTS GL540R-V05.00 PAGE 6 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOLrNT MIDWEST ASPHALT CO. MIDWEST LOCK & SAFE MINAR FORD MINNEAPOLIS FINANCE DEPT MINNEGA~CO MINNESOTA PLAYGROUND INC MINNESOTA SUN PUBLICATIO MN DEPT OF PUBLIC SAFETY MTI DISTRIBUTING MUSKA LIGHTING CENTER NELSON CREESE AND DELI NORTHERN AIR NORTHERN SANITARY SUPPLY NORTHWAY LAArDSCAPING & OFFICE DEPOT ORKIN PAM OIL INC PARK SUPPLY INC PETTY CASH - REBECCA LOA PHILLIPS WINE & SPIRTS PPL SHOP PRIOR WINE Q S C CRITIQUES RADIO SHACK RON KASSA CONSTRUCTION ROSEDALE CHEV ROWE~QLMPA~SOCIATES SALLY DISTRIBUTORS SCIENCE MUSEUM OF MINNES SERCO LABS STARK, INC/K A SUBURBAN PROPANE SUBURBAN RUBBER STAMP S~ CONSTRUCTION INC SYSTEMS SUPPLY INC. T;%RGET FRIDLEY THOMPSON ENT. INC TIMME INC TOWN & COU/T~RY OFFICE CL TRIARCOARTS & CRAFTS TRUGREEN CHEMLAWN 68523 1,347.32 68524 392.83 68525 53.27 68526 58,917.23 '68527 5,879.88 68528 855.67 68529 162.80 68530 60.00 68531 16.73 68532 316.40 68533 88.90 68534 862.68 68535 53.46 68536 100.00 68537 113.20 68538 46.86 68539 105.09 68540 22.58 68541 32.47 68542 16,337.99 68543 2.50 68544 1,850.14 68545 189.11 68546 1.91 68547 3,956.04 68548 38.29 68549 1,736.96 68550 432.49 68551 268.00 68552 168.00 68553 775.00 68554 8.00 68555 17.58 68556 19,686.85 68557 445.96 68558 339.12 68559 75.00 68560 2,712.50 68561 3,040.58 68562 63.78 68563 31.95 BRC FINANCIAL SYSTEM 11/20/97 17:4 Check History 11/24/97 COUNCIL REPORTS BANK VENDOR CHECK NUMBER BANK CHECKING ACCOUNT TWIN CITY AREALJ%BOR MGM TWIN CITY MOTOR REPAIR TWIN CITY PHOTOCOPY U S WEST COMMUNICATIONS US FILTER/WATER PRO VASSEN CO/JAMES J W & W GENERATOR REBUILDE WARNING LITES OF MINN. I WATER ENVIRONMENT FEDERA WEST PHOTO WW GRAINGER ZEE SERVICE COMPANY ZEP MANUFACTURING COMPAN 68564 68565 68566 68567 68568 68569 68570 68571 68572 68573 68574 68575 6~576 CITY OF COLUMBIA HEIGHTS GL540R-V05.00 PAGE 7 AMOUNT 410.00 176.40 205.59 5,067.96 920.73 77.48 211.94 603.86 82.00 7.70 180.31 38.10 213.00 688,465.10 *** CITY OF COLUMBIA HEIGHTS (!") 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 !-3878 (612) 782-2800 TDD 782-2806 PROCLAMATION BEING A PROCLAMATION DESIGNATING' NOVEMBER 1997 AS HOME CARE MONTH IN THE CITY OF COLUMBIA HEIGHTS WHEREAS: Columbia Heights citizens of all ages and economic levels are concerned about high quality, affordable, long term health care, and WHEREAS: Home care provides a' wide range of these needed health and supportive services to the ill, elderly, disabled and infirm in their own homes, and WHEREAS: The concept of home care is the oldest and most enduring tradition of health service delivery in the United States, and WHEREAS: Home care helps preserve one of the country's most important social values, keeping families together, and WHEREAS: Home care agencies are providing services ranging from assistance with personal care to high-tech drug therapies, and WHEREAS: As our citizens require more in-home care, Columbia Heights home care agencies are meeting that challenge. NOW, THEREFORE, I, Joseph Sturdevant, Mayor of the City of Columbia Heights, do hereby proclaim November 1997 as HOME HEALTH CARE MONTH IN COLUMBIA HEIGHTS Major Joseph Sturdevant CITY COUNCIL LETTER Meeting of November 24, 1997 AGENDA SECTION: PtJ B k I'C ~t EAR I t~ G ORIGINATING DEPARTMENT: CITY MANAGER ~I~ RES, NO, 97~71 Fire APPROVAL NO: ITEM: Closing Heating/Adopt Resolution BY: Charlie Kewatt BY: Rental License Revocation NO: ~ - /~ DATE: November 20, 1997 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Dale Frenzel regarding rental property at 3732 NE 3rd Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 97- 71 , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 97- 71 ., 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 Dale Frenzel Regarding Rental Property at 3732 NE 3rd Street. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Dale Frenzel Regarding Rental Property at 3732 NE 3rd Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. 97 -4 COUNCIL ACTION: RESOLUTION 97- 71 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 DALE FRENZEL (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3732-34 3Rr~ 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 NOVEMBER 12, 1997 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 24, 1997. 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 M~'_KE~ S THE FOLLOWING: FINDINGS OF FACT 1. That on June 11, 1997, Matt Field, InSpector, for the City of Columbia Heights, inspected the property at 3732-34 3a Street and documented two violations concerning the property. A compliance order was sent to the owner on June 16, 1997 notifying him of the above noted violations. ~ .......... 2. That on August 1, 1997, Matt Field, Inspector for the City of Columbia Heights, reinspected the property at 3732-34 3rd Street and found that the violations had not been corrected. A compliance order was sent by regular mail on August 19, 1997 notifying the owner of the violations not being corrected and a re-inspection fee billing statement was sent to the owner notifying him of a $40.00 re-inspection fee. 3. That on September 18, 1997, Matt Field, Inspector for the City of Columbia Heights, re- inspected the property at 3732-34 3a Street and found that the violations had not been corrected and noted five (5) new violations. A compliance order was sent by regular mail on September 26, 1997, notifying the owner of the outstanding violations and the new violations found and that a revocation hearing would be scheduled if the violations/vere not corrected by the next re-inspection date. A billing statement was also sent notifying the owner of a $40.00 re-inspection fee. 4. That on October 28, 1997, Gary Gorman, Inspector for the City of Columbia Heights, re- inspected the property at 3732-34 3r'~ Street and found that one of the seven violations had been corrected, but that there was no progress on the other six violations. A revocation notice and statement of cause was sent by certified mail on November 12, 1997 notifying the owner of the November 24, 1997 Public Hearing. A tenant notice was also sent by certified mail on November 12, 1997 notifying him/her of the November 24, 1997 Public Hearing. A billing statement was sent with the statement of cause on November 12, 1997 notifying the owner of another $40.00 re- inspection fee, for a total of $120.00 in re-inspection fees. 5. That based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. See attached Compliance Order B. Failure to submit reinspection fees in the amount of $120.00 6. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 3732- 34 3ra 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 partie~in interest have-b¢e~ duly S~rved notice of this hearing, and any other hearings relevant to the revocation or s~s. pension 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 F2239 is hereby revoked/suspended (cross out one); 2. The City shall 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 DAY OF ,19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA ATTEST: JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR I12027 CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 Mill Street N.E. Columbia Heights, MN 55421 Telephone: 782-2835 To: Dale Frenzel 3732 3rd Street NE Columbia Heights, MN 55421 November 12, 1997 Re: 3734 3rd Street STATEMENT OF CAUSE AND NOTICE OF PUBLIC HEARING FOR SUSPENSION OR REVOCATION OF A LICENSE PLEASE BE ON NOTICE, that on November 24, 1997 at 7:00pm or as soon thereafter as the matter can be heard, by the City Council of Columbia Heights shall consider the revocation, suspension and/or other appropriate dispostion of the license to operate a rental dwelling(s) of Dale Frenzel located at 3732 3rd Sweet NE, Columbia Heights, MN 55421 STATEMENT OF CAUSE FAILURE TO CORRECT HOUSING CODE ViOLATION(S) FAILURE TO SUBMIT RE-INSPECTION FEES As of this date, November 12, 1997 the following outlined violations have not been corrected. A FINAL INSPECTION OF THIS PROPERTY WILL BE CONDUCTED ON NOVEMBER 21, 1997. IF ALL VIOLATIONS ARE NOT CORRECTED BY THIS DATE} THIS HEARING WILL BE HELD AS SCHEDULED. Pursuant to Section 5A.408(3) of the Columbia Heights City Code, a violation of any provisions of Chapters 5 or 5A or of state law, shall be prima facie showing cause foi: revocation, suspension or other action restricting the privileges of a licensee. PLEASE BE ON NOTICE, that on November 24, 1997 at 7:00pm or as soon thereafter as the matter can be heard, by the City Council of Columbia Heights shall hold a Public Hearing to address the issuse of revocation of your rental license. At the Public Hearing you and your tenants or any other interested parties will be given an opportunity to give testimony and present evidence on the above set forth issuses. Charles Kewatt Fire Chief Enforcement Officer Hearing Statement of Cause - Viol. & Fees 11/12/1997 12:38 Date . Violation Details 10/28/1997 Recheck violation record auto-generated from inspection on 09/18/1997 Recheck violation record auto-generated from inspection on 08/01/1997 Recheck violation record auto-generated from inspection on 06/11/1997 1.. Shall scrape/paint garage as needed 2..Shall repair lower garage panel Items listed above are not done and new violations have been noted **NEW** 11/21/1997 3..Shall remove motorcycle frame from parki.ng/driveway area 4..Shall remove junk, inoperable, or unlicensed vehicle from property. Van with no plate &.Shall remove junk, inoperable, or unlicensed vehicle from property. Dogde sedan - gray, has expired plate 6..Shall remove junk, inoperable, or unlicensed vehicle from property. Ford sedan - brown, has expired plate .... ~COH'e-'ct~:'10/28~/9~.~~ 7..Shall remove outside storage, tires stored outside, shall store in garage or shed or remove. THE ABOVE NOTED ITEMS ARE IN VIOLATION OF THE FOLLOWING HOUSING MAINTENANCE CODE SECTIONS: 10/28/1997 11/21/1997 No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (f) ACCESSORY STRUCTURE MAINTENANCE. Accessory structures on the premises where the dwelling or dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of such structures shall be covered with decay-resistant materials such as paint or other preservatives. 10/28/1997 11/21/1997 No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, eating or cooking therein which does not comply with the requirements of this 5A.207. 1/11/1997 19:00 12027 Revocation Notice Ltr. Date Violation Details Re-Inspection Date (f) Outside storage of articles, equipment, construction materials, items not designed for exterior use, and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance equipment shall not be allowed. A weathertight, rodent-proof storage building or shed must be constructed for storage of items not storable within the building. 10/28/1997 11/21/1997 No person shall occupy as an owner-occupant or let to another for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in.Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1997. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) in dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair, in cases of tenant parking areas ali parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1 1997. , (i) COMMERCIAL VEHICLES AND JUNK CARS. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article ii, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 10/28/1997 Whenever the Building Official determines that any dwelling, dwelling unit or premises 11/11/1997 19:00 12027 Revocation Notice Ltr. 11/21/1997 ' ' Violation Details Re-Inspection Date surrounding any of these, fails to meet the provisions of this ordinance, he/she may issue a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator or agent to correct such violations. The compliance order shall: (a) Be in writing (b) Describe the location and nature of the violations of this Code; (c) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right of appeal; and (d) Be served upon the owner or his/her agent, as the case may require and upon the tenant(s) of the affected dwelling or dwelling units. Such notice shall be deemed to be properly served upon such owner or agent, if a copy thereof is: (i) Served upon him/her personally, (ii) Sent by certified mail return receipt requested to his/her last known address, or (iii) Upon failure to effect notice through (i) and (ii) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by this notice. 10/28/1997 11/21/1997 When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a mis-statement or mistake of fact, such person may appeal as set forth in 6.202(1). I 0/28/1997 5A.307.1 Appeal Process 11/21/1997 The Planning and Zoning Commission shall be the Board of Appeals. All appeals shall be filed within 45 days from the date of service of Compliance Order pursuant to 5A.303(1), and upon at least five (5) business days notice to appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed the Board of Appeals shall hold a hearing thereon. All headng notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1'). All appeals shall be conducted in accordance with Sections 1201 - 1305, Uniform Housing Code, 1985 edition, International Conference of Building Officals, expect as herein modified. Failure of any person to file an appeal in accordance with 5A.306(1 ) shall constitute a waiver of his/her right to an administrative hearing and adjudication of the notice and order to any portion thereof. 10/28/1997 The City Council may by resolution establish a re-inspection fee. 11/11/1997 19:00 12027 Revocation Notice Ltr. 11/21/1997 If a dwelling unit is not Violation Details Re-Inspection Dar,; currently licensed, no license may be issued until all outstanding re-inspection fees have been paid. if a dwelling unit is licensed, the license for such dwelling unit shall expire twenty (20) days after the licensee or his agent is notified of the outstanding re-inspection fees, unless payment is made before the expiration of the twenty (20) day period. 11/11/1997 19:00 12027 Revocation Notice Ltr. CITY OF COLUMBIA HEIGHTS Meeting of: November 24, 1997 AGENDA S~CTION: PUBLIC HEAR I NGS ORIGINATING DEPT.: /~/q CITY MANAGER NO:~ Comm. Devel. Dept. ~ / ~ APPROVA~ . ~ NO: Junk Vehicles~-~ DATE: Nov. 18, 1~7 ? BACKGROUND Community Development Department staff have worked with the Police Department to make changes to the City Code pertaining to abandoned vehicles. Section 7.205(3) of the City Code defines what an abandoned motor is but does not contain language about removing it and what the violation is if it is not removed. This type of language is necessary to assist the Police Department in dealing with abandoned vehicles effectively. ANALYSIS The new language regarding enforcement will read as follows as indicated in letter "C". The owner of an abandoned motor vehicle shall be given notice of violation by the City and will be given 15 days to take corrective action. Corrective action shall be defined as: An owner has taken corrective action when the vehicle is legally parked and licensed, mechanically operable, and is in compliance with all state requirements for an operable vehicle on public roads. In the event corrective action is not taken within fifteen (15) days from the notice of the violation, the City may take the vehicle into custody, impound it and sell it immediately at a public auction pursuant to M.S.A. Section 188B.08. Police Chief Tom Johnson has reviewed this ordinance amendment and feels it will allow for a more effective and immediate way to deal with abandoned vehicles. CONCLUSION RECOMMENDED MOTION: Move to waive the second reading of Ordinance #1364 · being an ordinance amending Ordinance ~853, City Code of 1977, there being ample copies available to the public. RECOMMENDED MOTION: Move to approve Ordinance ~ lq64 amending Ordinance #853, City Code of 1977. an ordinance COUNCIL ACTION: \bt\letter\council INSPECTION DEPARTMENT MEMO TO: FROM: SUBJECT: Ail City Council Members Mel Cotlova, Building Official Junk Vehicle Ordinance DATE: November 19,1997 Just a reminder, as I stated in my previous memo, the format for the Junk vehicle ordinance is copied from Minneapolis. It has been tested several times and remains enforceable. This fact in no way means this City will not be challenged. ORDINANCE NO. 1364 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO PROHIBI~D NON-MOVING VIOLATIONS. The City of Columbia Heights does ordain: 7.205 (3) No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere with the City. For purposes of this chapter, an "abandoned motor vehicle" shall consist of'.' (a) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in inoperable condition, or (b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent of the person in control of such property. Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.10, shall not be considered as an abandoned motor vehicle within the meaning of subdivision (a). is hereby amended to read as follows: 7.205 (3) No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere with the City. For purposes of this chapter, an "abandoned motor vehicle" shall consist of.' (a) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in inoperable condition, or (b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent of the person in control of such property. (c) The owner of an abandoned motor vehicle shall be given notice of violation by the City and will be given 15 days to take corrective action. Corrective action shall be defined as: (1) An owner has taken corrective action when the vehicle is legally parked and licensed, mechanically operable, and in compliance with all state requirements for an operable vehicle on public roads. In the event corrective action is not taken within fifteen (15) days from the notice of the violation, the City ma_v take the vehicle into custody, impound it, and sell it immediately at public auction pursuant to M.S.A. section 188B.08 Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.10, shall not be considered as an abandoned motor vehicle within the meaning of subdivision (a). This Ordinance shall be in full force and effective 30 days after its passage. First Reading: Second Reading: Date of Passage: November 10, 1997 November 24~ 1997 November 24~ 1997 Offered by: Rue t t i ma n n Seconded by: Pete r so n A11 ayes Roll Call: Mayor Joseph Sturdevant Jo-Anne Studem, City Council Secretary CiTY COUNCIL LETTER Meeting of · NOVEMBER 24 1997 AGENDA SECTION- PUBLIC HEARINGS ORIGINATING DEPT.. CITY MANAGER NO' ~ CiTY MANAGER'S APPROVAL ITEM: ORDINANCE TO VACATE A PORTION OF BY: JANE GLEASON BY STREET NO' ~ °~,~ DATE: NOVEMBER 14, 1997 The City of Columbia Heights has been asked to vacate the unopened portion of 45th Avenue N.E. adjacent to the property located at 4450 Arthur Place. Mr. Gary Larson would like to put an addition onto his garage but would need to build on 5 feet of the street right of way and would need another 7 feet for the required set back for property located in Zone R-1. The Acting Public Works Director and Acting City Engineer have no objection to 12 feet of street being vacated. The Zoning Department said that the additional 12 feet would keep the property in compliance with the Zone R-1 code. This is the second reading of Ordinance No. 1366, the first reading was held on November t0, 1997. RECOMMENDED MOTION- Move to waive the second reading of Ordinance No. 1366, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1366, an Ordinance Amending Ordinance No. 853 City Code of 1977, Vacating the Southerly 12 feet of 45t~ Avenue N. E. lying between the Northerly extension of the East and West boundary lines of Lot 1, Block 1, Auditor's Subdivision of Walton's Second Subdivision, Anoka County, Minnesota. COUNCIL ACTION- legal \jane~g\strvacat. ltr ORDINANCE NO. 1366 BEING AN ORDINANCE AMENDING ORDINANCE NO.853 C~TY CODE OF i977, VACATING A CERTAIN PORT~ON OF STREET The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public street over, across, and under the following described property, to wit: The Southerly twelve feet (12') of 45th Avenue N. E., lying between the Northerly extension of the East and West boundary lines of Lot 1, Block 1, Auditor's Subdivision of Walton's Second Subdivision, Anoka County, Minnesota, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: November 10, 1997 Second Reading: November 2L~, 1997 Date of Passage: November 2L~; 1997 Offered By: Jo ] I y Seconded By: Peterson Roll Call: ' i A1 I ayes Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor JG\legal\strvacaLord To: Mayor and City Council of City of C~)]umbia Heights, Gary E. Lnrson 4450 Arthur Pis, ce Col~bia H~igh~, MN. 612-781 -S0~ Re: Petilion To vacate easement. Mayor and City Council members. I would like to add onlo my e~isting garagt~. To do this ! would nccd to have an e, dditiorm! $ feet to ~ccomplish this. I have had discussion with appropriate City slaff on this mat~er and they have no objection to th~s proposal. I petition you (Mayor ~nd City Cormcil) to vacal¢ th~ south I2"-0" of the 45~ Ave. NE. e.~scment and add this to the north side of Lot i, Block 1, Auditor~ Subdivision of Wa1~on's Second Subdivision, Anoka County, Minnesob~. This would aUow five (5) additional fcct for construction of the g~r~ge ~ddition ~nd thc ~ven (7) foo! required side y~Lrd sgthack. ,t CITY COUNCIL LETTER Meeting of: November 24. 1997 ADOPTION OF THE BY-LAWS FOR FINANCE THE COLUMBIA HEIGHTS FIRE DEPT. DIRECTOR DATE: RELIEF ASSOCIATION, VOLUNTEER DIVISION,,~_ DATE: 10/7/97 NO: Res, No, 97-72 At the Columbia Heights Board of Trustees meeting on October 27th, the Board of Trustees adopted new by-laws for the Volunteer Fire Department Relief Association. The new by-laws convert the pension plan from a defined benefit lump sum monthly to a defined contribution plan. The attached resolution approves that action. This is the final step in converting the by-laws to a defined contribution pension plan. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt the resolution adopting by-laws of the Columbia Heights Fire Department Relief Association, Volunteer Division. WE:dn 9711181 COUNCIL ACTION: RESOLUTION NO. 97- 72 BEING A RESOLUTION APPROVING THE ADOPTION OF THE BY-LAWS FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION WHEREAS, the City Council of the City of Columbia Heights established a committee of the Council to meet with the Board of Examiners of the Volunteer Fire Relief Association to review pension and by-law concerns and; WHEREAS, it was the joint recommendation of this group to adopt new by-laws which comply with State requirements and; WHEREAS, it was the joint recommendation of this group that the new by-laws provide for a defined contribution pension plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the attached by-laws be adopted covering the Columbia Heights Fire Department Relief Association, Volunteer Division. Passed this 24th Offered By: Seconded By: Roll Call: day of November , 1997 Ruett~mann Peterson All ayes Joseph S. Sturdevant, Mayor Jo-Anne Student, Council Secretary 9711181 CITY COUNCIL LETTER Meeting of: 11/24/97 AGENDA SECTION: OTHER BUS I NESS ORIGINATING DEPARTMENT: CITY MANAGER ITEM: AWARD OF JACKSON POND SLOPE BY: K. Young~k(~ BY: " ~ RESTORATION q. ~,..~,, DATE: 11/18/97' DATE: Background: During the heavy rains in July a portion of the west bank of Jackson Pond sloughed into the pond. The disaster relief provided for bank repair by FEMA amounted to filling in the missing material, approximately 385 C.Y. of clay at $20.00 per C.Y. for a total of $7,700. Analysis/Conclusions: Staff designed a project to remove 200' of the bank and restore it with a geogrid reinforced slope. The proposed repair for the pond is expensive. Although late fall and early winter provide the best opportunity to drain the pond and maintain a dry pond during construction, the weather conditions increase the difficulty and hence the cost of construction. Staff recommends award of the project to Sunram Construction. Recommended Motion: Move to a~vard the Jackson Pond Slope Restoration, Municipal Project #9739, to Sunram Construction, Inc. of Corcoran, Minnesota, based on their low, qualified, responsible bid of $55,432.50, to be appropriated from Fund 652- 49499-5130. KKY:jb 97-644 COUNCIL ACTION: I-- 0 uJ o U.l l&! 0 ._1 0 0 o o 0~0000000 ~000000~ 000000000 q~q~qqqq ooooooooo ooooooooo oo~o~oo~ ~~dd~ o°~°°88888oo 0~0~0~ 000000000 0~0~0000~ 0~000~000 0~~ 00~ 'C~ 0 0 o '1~ o o PROPOSAL CITY OF COLUMBIA HEIGHTS, MINNESOTA JACKSON POND SLOPE RESTORATION MUNICIPAL PROJECT #9739 BID OPENING Thursday, November 13, 1997; 11:00 A.M. OCTOBER 31, 1997 Bidders: The undersigned, as bidder, hereby proposes and agrees to enter into a Contract on the form attached hereto with the City of Columbia Heights, Minnesota, to supply all labor, materials, and equipment necessary for the completion of the Jackson Pond Slope Restoration, Municipal Project #9739, within the City of Columbia Heights, all in accordance with the Specifications prepared by the City Engineer, City of Columbia Heights, Minnesota, and in strict accordance therewith, for the following sum: No. Description Quantity Unit Unit Price Total I Salvage fence posts and fabric 200 L.F. $ 2 Common excavation of bank fill ~ 845 C.Y. $ ~--~, 3 Geogrid 670 S.Y. $ 4 Aggregate backfill 1,770 Ton $ 5 Topsoil 170 C.Y. $ 6 Seed 5 Pound $ 7 Erosion control blanket 500 S.Y. $ ~-,(3(~_ $ IOOO 8 Reinstall fence posts and fabric 200 L.F. $ 9 Common excavation of pond sediment 1,270 O.Y. $ $ TOTAL BID It is understood that the Owner may accept or reject any Proposal. 55,, A certified check or bidder's bond in the amount of: ¢,"') ?:~'_'/r_~ Dollars ($. ) drawn to the order of the City of Columbia. Hei.qhts, is attached hereto. If this proposal is accepted and ~}~'-'~ (.'_c_,~._~' '(..~ ¢'. refuses, fails, or neglects to execute the Contract and furnish a satisfactory surety bond within ten (10) days of the date of acceptance of this Proposal, it is understood and ~reed that ~' ~-~ Dollars ($ ) --said amount being the same as bid security abovementioned-- will be liquidated damages occasioned by such refusal, failure, or neglect. Thereupon said City of Columbia Heights shall realize upon said bid security and use the proceeds in the payment of said damages. Said certified check will be promptly returned upon completion of the contract documents. This Proposal is submitted after careful study of the Specifications and from a personal knowledge of the conditions a,t the site, which knowledge was obtained from our own sources of information and not from any official or employee of the City. FORM PAGE 2 OF 2 it is understood and agreed that this Proposal cannot be withdrawn within sixty (60) days after scheduled time for receipt of bids. The following is a schedule for completion of the work. 1. Time required after Contract Documents are completed to start work: ~,r~-~_(?, days. 2. Time required from commencement to completion (working days only; does not include Saturdays and Sundays): .~"¥~_ days. Legal name of Person, Firm or Corporation (Signature) By L~_. ~ (Print or type name) Address ~f,2~(:::) f O -7 _% Date Phone LIST OF SUBCONTRACTORS Bidders must list subcontractors tentatively scheduled to work on this project. All changes must be submitted to the City Engineer. i',') c'~,.') E. NAME 1. 2. BIDDER'S REFERENCES TELEPHONE NO. CITY COUNCIL LETTER Meeting of: 11/24/97 AGENDA SECTION: ~ OTHER BUS I NESS ORIGINATING DEPARTMENT: CITY MANAGER NO: 'l PUBLIC WORKS ITEM: AWARD OF LOADER-MOUNTED SNOWBLOWER ~'~ ~n BY: K. Young~ BY: J~/~ 'l"(~ "~ DATE: 11/18/97 DATE: Background: The City's first snowblower went out of service in 1991. It was not cost effective to repair it. The impeller shaft was severely damaged when the blower encountered a large log that was hidden in the snow bank. In 1991 the City found our current 1969 Wausau snowblower in a junk pile at MacQueen Equipment Co. We purchased it for $2,000. In 1994 we again went to the junk yard and found a blower minus an engine we felt we could use for spare parts. The cost was $500. The City currently owns 2 ½ outdated, unreliable, unusable snowblowers. We cannot purchase new parts for these machines only used parts if we can find them or have parts machined specifically for these snowblowers. Repair costs of 1969 Wausau Snowblower - Original cost $2,000 Jan '91 - Jan. '92 $ 568.21 Jan. '92 - Jan. '93 $ 748.21 Jan. '93 - Jan. '94 $1,198,72 Jan. '94 - Jan. '95 $1,038.56 Jan. '95 - Jan. '96 $ 3,009.17 Jan. '96 - Jan. '97 $ 4,416.04 Total Repairs $10,979.35 Between December 1, 1996 and January 30, 1997, the blower mn 130 hours. The shop hours for repairs were 81. At the end of the '97 season, the engine was running hot and using oil. Wagamon Brothers estimates $1,034.55 to rebuild the engine. The blower itself is beyond the point of cost effective repair. In many cases when the blower was down for repairs, the snow removal crew (usually numbers 10) was faced with waiting for repairs, removing the snow with loader buckets(unsafe) or unscheduled job assignments which amount to unproductive time. The snowblower is used to remove windrows of snow from the curb lines on designated snow removal routes on Central Ave, 40th Ave. and 49t~ Ave. Normally snow removal operations are conducted two times during the winter. Analysis/Conclusion:. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 11/24/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AWARD OF LOADER-MOUNTED BY: K. Young BY: SNOWBLOWER DATE: 11/18/97 DATE: Staff has reviewed makes and models of snowblowers that are currently on the market, both single stage and two stage. They have also reviewed the need for snow removal in Columbia Heights. Purchase options ~vere also reviewed.. Staff determined that a single stage snowbloxver would meet the performance and budgetary requirements that have been established. Current owners of similar snowblowers were contacted for performance appraisals. The old snowblowers will be traded-in. Council authorized staff to seek bids at its meeting of October 13th. Three bids have been received for a M8000MDR Wildcat Snowblower. St. Joseph Equipment Swanston Equipment Diesel Machinery $45,600 net cost $49,695 net cost $50,600 net cost Funds are budgeted for replacement of the snowblower in the 1998 Capital Equipment Replacement Fund in the amount of $75,000. Recommended Motion: Move to authorize staffto purchase M8000MDR Wildcat Snowblower from St. Joseph Equipment, based on their low responsible qualified bid of $45,600.00 with funds to be taken from the Capitol Equipment Replacement Fund. ICKY:jb 97-642 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS .~.,7 38'"fH A"CE. NUE N.E. COLUMBIA HEIGHTS, MINNESOTA, 55421 ONE NEW LOADER MOUNTED SNO~,'VBLOWER BiD OPENING 1:00 P.M., THURSDAY NOVEMBER 13, 1997 MAKE/MODEL BASE BID OPTION 13-A TRADE IN NET COST ESTIMATED TiME OF DELIVERY BiD BONO ** - REQUESTS SEN' ! I ST. JOSEPH EQUIP. SHAKOPEE, MN M8OOOMDR WILDCAT $47,600.C0 $2,000.00 $45,6000.00 45-6O DAYS ARO YES SWANSTON EQUIP FARGO, ND M8000MDR WILDCAT $&50,195.00 $49,6~.00 90 DAYS ARO YES DIESEL MACHINERY SIOUX FALLS, SD M8OOOMDR WILDCAT $.50,600~ $0.00 $50,600.00 90 DAYS ARO NO ' TO 8 VENDORS - 3 RES~)ONDED W/BIDS - I WITH NO BID CITY OF COLUMBIA HEIGHTS PROPOSAL FORM ONE NEW LOADER MOUNTED SNOWBLOWER YEAR/MAKE/MODEL 97/98 Wild. cat Model M-Re00 MDR TOTAL BASE BID $ ~$~7,6NN NN OPTION 13-A- TRADE IN: OPTION 13-B -TRADE IN: OPTION 13-C - TRADE IN: All three $ f $%$2000. O0 ~Ades WARRANTIES OVER COMPLIANCE WITH SPECIFICATIONS: price o,¥mlllda~ all ~ppllc~ble taxes ~Optional wings to widen blower width 6 inches DELIVERY: - $7S0.00 ESTIMATED TIME OF DELIVERY 45 to 60 DAYS AFTER RECEIPT OF PURCHASE ORDER AT LOCATION DESCRIBED IN THE INSTRUCTIONS TO BIDDER. THE UNIT MUST BE COMPLETE AS SPECIFIED WITH ANY NECESSARY PRE-DELIVERY SERVICE PERFORMED AND BE READY TO WORK. CONTACT PEOPLE: SIGNATURE: NAME/TITLE: COMPANY NAME: LAUREN McCLANAHAN 782-2891/STEVE SYNOWCZYNSKI 782-2895 Bill Byrki~; Genera] Manager ST. JOSEPH EOUIPMENT, INC. ADDRESS: TELEPHONE: DATE: BIDS DUE: 6340 HWy 101 Shakopee"~ MN S5379 f612) 445-5400 11-11-97 WEDNESDAY NOVI=MBEFI '13~ COLUMBIA HEIGHTS PUB -LIC ldBRARF BOARO OF TRUS?ERS MINUTES November 3,1997 The meeting was called to order by Chair, Barbara Miller. Those present were: Barbara Miller, Richard Hubbard, Nancy Hoium, Don Jolly, Pat Sowada, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the October 7c' meeting as mailed. The minutes of the joint City Council/Library Board budget meeting were reviewed and noted. The October 27m bill list was reviewed. It was moved, seconded, and passed that the bills be paid. The November 10~ bill list was also reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. Old Business: Library roof repair memo from Mel Collova was reviewed. It was pointed out that the company will guarantee only their repairs. Lauri Willard has had to resign her page position due to family problems. Rebecca Patrin, the substitute page that was hired at the same time has agreed to take on two additional time slots so that there will be a full crew of pages every day. There is no budget update available at this time. Security system update was given. a. A Supervisor workshop was held on 11/1/97 to inform the part-time staff of upcoming changes due to the new security system. b. The time line that was devised to keep everything moving along and on schedule was reviewed with the Board. Several items have been completed at this time. Supplies have been shipped and should arrive on Thursday 11/6. The structural changes to the desks both upstairs and down will begin the week of 11/17, and will hopefully be completed by 11/21. c. The current collection will begin to be "bugged" starting the week of I 1/10. This project will take much time and hopefully will be completed by 6/98. d. The schedule for volunteers is being co-ordinated by Shari Briley. The Library Board, as a group, would like to volunteer some time perhaps on a Saturday. The exact date will be determined at a future meeting. New Business: The Holiday Closed Schedule for Anoka County was reviewed. The proposed Holiday Closed Schedule for Columbia Heights was also reviewed. It was moved, seconded, and passed to accept the Holiday Closed Schedule as presented. The October 1997, Keeping In Touch newsletter was reviewed. The question was raised where these newsletters are distributed. They are distributed to all the schools in Columbia Heights. Thank you letter to Carol Reno for the donation of a subscription to The Forum magazine was reviewed. This subscription is provided by Al-Anon. The letter that accompanied an overdue returned book was shared with the Board. Jeanne Nelson, the Media Coordinator from St. Mary's School in Alexandria wrote a brief note along with returning the book. Crossover statistics were reviewed. The Synchronized Book-Truck drill team article that appeared in the American Libraries October 1997 edition was shared with the Board. 2 10. There being no The LGA, HACA, and LPA figures for the City of Columbia Heights for 1997-98 were noted. Marsha attended a workshop on grants and grant writing when she attended MLA. Much information was received. There are construction grants available through the Library Services Construction Act (LSCA). There are grants available for technology, which require a joint effort with schools and libraries. At this time staff is pursuing many possibilities and trying to gather the necessary information and data. The Board was very excited about this form of support and would like to see the possibilities pursued. The mirror in the upstairs men's restroom was vandalized with a glass cutter sometime over the weekend. It was discovered on 11/3/97, and a police report has been filed. The police would like to have the mirror as evidence after it has been replaced. A family event is planned for National Children's Book Week on November 19, 1997. The storyteller Sean Brown will perform at 7:00 p.m. that evening. A picture that was brought in by a patron, Carmen Benson, was shared with the Board. The people in the picture were all identified on the back except for one gentleman. Ms. Benson thought that it was from some type of community follies event held in Columbia Heights. Barbara Miller's father was also in the picture and was thought to be taken around the late 1930's or early 1940's. further business the meeting was adjourned at 8:20 p.m. j~iPectfully submitted, ~ ne M. Schmidt, Secretary to the Library Board of Trustees. 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 CiO' of Columbia Heights' services, programs, and activities. CITY OF COLUMBIA HEIGHTS 590 40th AVENUE N.E.. COLUmbia HEIGHTS, MN 55421-3878 (6!2) 782-2800 TDD 782-2806 MEMBERS Marlaine Szurek. Chair James Fa~¢r Rttss Paulso~, GaO' Pete~on PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING OF NOVEMBER 5, 1997 The Planning and Zoning Commission meeting of November 5, 1997 was called to order by ChairPerson Szurek at 7:00 p.m. Members present were Fowler, Paterson and Szurek. Commissioner Paulson was not in attendance. Also present were Tine Goodroad (Zoning Coordinator), and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Paterson, seconded by Fowler, to approve the minutes from the Planning and Zoning Commission meeting of October 7, 1997 as presented in writing. Voice Vote: All Ayes. Motion Carried. NEW BUSINESS: Petitions, letters and requests. Public Hearing CUP Case #9711-37 Mike Singer d/bin Break Time Billiards 4040 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Mike Singer and Break Time Billiards, Inc. for a Conditional Use Permit to operate a pool hall and food/non-alcoholic beverage sales at 4040 Central Avenue. This location is currently a pool hall which Break Time Billiards is purchasing and is required to have the Conditional Use Permit and City license in the name of the new owner(s) doing business as Jimmy's Pro Billiards. She informed the Commission that Section 9.112(2)(n) of the Central Business District Section of the Zoning Ordinance allows, by Conditional Usa Permit, pool/billiard halls. She called attention to a site plan of the interior that has been submitted which shows 22 pool tables, six video and pinball machines, seating on each side of the room and food/non-alcoholic beverage sales at the rear. She indicated that this interior will remain basically unchanged by the new owner. Ms. Goodroad stated that parking for this site would be provided either on the street or in the City ramp behind the building designed for use of the businesses in this block. She stated that once this Conditional Use Permit is approved, the owner will be submitting all required applications for the City license for operation of a pool/billiard hall. Chairperson Szurek opened the public hearing. No one was present, other than the applicants, to speak regarding this item. The public hearing was closed. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION ¢,EGUL/~R MEETING - MINUTES NOVEMBER 5, 1997 PAGE 2 MOTION by Fowler, seconded by Peterson, to recommend to the City Council the approval of the request for a Conditional Use Permit to allow a pool/billiard hall and food/non-alcoholic beverage sales at 4040 Central Avenue provided the building and operation is in compliance with all licensing, zoning, building and fire code regulations. Voice Vote: All Ayes. Motion Passed. **THIS ITEM TO APPEAR ON THE NOVEMBER 10, 1997 CITY COUNCIL AGENDA. Bo Public Hearing Rezoning Case #9711-38 City of Columbia Heights Portion of 40th Avenue Columbia Heights, Mn. Ms. Goodroad reminded the Commission that at the October Planning and Zoning Commission meeting they discussed the possible need to rezone a portion of 40th Avenue from Washington Street to Jackson Street from the current "LB", Limited Business, District zoning to "R-2", One and Two Family Residential zoning. The homes located on 40th Avenue between Central and University Avenue are non-conforming. She indicated that during the October meeting four options were discussed to remedy this non-conforming situation on 40th Avenue. These options included: Recommend for approval Ordinance #1353, (enclosed in packet) which rezones 40th Avenue from business zoning to "R-2", One and Two Family Residential, between Washington Street and Jackson Street, including City Hall property. 2. Change "LB", Limited Business, District to allow residences as a conforming or conditii~nal use. 3. "Spot zone" businesses. 4. Do nothing. She stated that these four options were discussed at length. The main issue raised during discussion involved the businesses on 40th Avenue and the effect of a rezoning on them. She explained that if the rezonin9 option is implemented, it would place five existing business parcels into non-conforming status. However, in looking at each parcel individually, Ms. Goodroad stated she found that four of these five businesses are non-conforming currently due to lot size and setbacks in the "LB", Limited Business, District. She referred to the following list: 1. 4002 Jefferson Street: Conforms to LB zoning. 2. 666 N.E. 40th Avenue: Non-conforming, ever property line in front (12 foot setback is required). PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES I~O¥~.I~II~F.R 5, 1997 PAGE 3 3. 700 N.E. 40th Avenue: Non-conforming, almost to property line (12 foot setback required). 4. 710 N.E. 40th Avenue: Non-conforming, up to property line, lot size too small (12 foot setback required, minimum 50 foot lot width required). 5. 808 N.E. 40th Avenue: Non-conforming, only five feet off front property line and lot size too small (12 foot setback required, minimum 50 foot wide lot required). She stated in summary, that there are five businesses who are currently zoned LB, but even with that, four are non-conforming due to lot size and setbacks. Only one property, 4002 Jefferson Street, would become non- conforming, just in another zoning district. She stated that an individual who owns a tri-plex at 624 N.E. 40th Avenue expressed concerns over being zoned out. She explained that a multiple family dwelling is technically allowed in the "LB" District but only if it conforms with the provisions of Ordinance Section 9.110(4) which is the lot and setback restrictions of the "R-4" portion of the Zoning Ordinance. This section requires a minimum lot area of at least 10,000 square feet. The property at 624 N.E. 40th Avenue measures 50 feet by 125 feet for a total of 6,250 square feet of land area. This property is non-conforming in the current "LB" District and would remain non-conforming in the "R-2" District. Ms. Goodroad stated the surrounding land uses and amenities such *as churches, schools and parks favor residential uses, not commercial uses. She also stated that, at the October meeting, it was determined by the Commissioners to move forward with Option #1 for rezoning the area to "R-2". She informed the Commission that the rezoning has been prepared as proposed Ordinance #1353 and contains the legal descriptions for each of the areas and corresponding changes. She directed the Commission's attention to a map highlighting each area that was included for review. She stated that this rezoning will accomplish the following: 1. Thirty-one (31) homes would be brought into conformance. 2. Immaculate Conception Church would be changed to "R-3" from a current "LEI" District, as 90% of the church property is zoned "R-3". 3. City Hall property would be changed from the current "R-3", Multiple Family Residential, to "RE]", Retail E]usiness, which is a more appropriate designation for the use. In this, two businesses at 604 and 608 N.E. 40th Avenue would remain business zoning as "RE]". Ms. Goodroad outlined the possible consequences of the Proposed Ordinance #1353 stating that existing businesses will become non-conforming or remain non-conforming in another zoning classification. She informed the Commission that she has received requests to pursue alternatives to keep the businesses from being zoned out. She felt that this could be done through "spot zoning" or allowing homes in the "LB" District. She reminded the Commission PLANNING AND ZONING COMMISSION REGULAR MEETING - M~NUTES NOVEMBER 5, 199'7 PAGE 4 that this is a sensitive issue that should not be made harshly stating that there are other areas along Central and University Avenues where homes exist in business districts the same as on 40th Avenue. She stated that Staff has been questioned as to why the City is not looking at these areas in addition indicating that she has explained that Staff has been approached by homeowners to look into the situation on 40th Avenue and that is why this discussion has taken place prior to the Comprehensive Plan Update. Ms. Goodroad informed the Commission that the current Comprehensive Plan does show this area as commercial. In the current Comprehensive Plan, locations of special interest are identified of which 40th Avenue is included. The explanation in the "Plan" states that "the city has long zoned the corridor for business rather than housing because of the level of traffic on 40th Avenue. That plan is sound and the city should continue with it in order to achieve a long-term evolution to more appropriate land uses". She felt that this eludes to the fundamental issue as to what the Commission and City Council foresee the areas being used as in the future. It is a fact that when looking at existing land uses and underutilization of some properties on Central and University that are zoned commercial and based on what the market can absorb in Columbia Heights it could be considered unlikely that commercial growth will occur on 40th Avenue in the foreseeable future. However, no one knows what the future holds. She stated that she is raising each of these points to aid in discussion now that there is one possible solution on the table. Ms. Goodroad stated that if this proposed ordinance or any version of it would amend the zoning, a Comprehensive Plan Amendment would be required. She indicated that this could be done separately from the full update if the Commission would proceed or it could be completed at the time the update is prepared. Ms. Goodroad informed the Commission that she had contacted a planner at the Met Council and explained the situation and asked for their first opinion on possible mixed use zoning. The person stated that first it would have to be relative and appropriate to the area. The zoning should be an improvement to the area and be beneficial to the most properties involved. She also indicated that she spoke to an individual at FHA in response to information presented to her from Mr. Kurth. The individual at FHA stated that their organization is not involved in the mortgage insurance issue that appears to be causing the problem for local property owners. Mortgage insurance is required by the actual mortgage lender on the original mortgage. FHA purchases mortgages on the secondary market. Chairperson Szurek opened the public hearing. Jim Kurth, owner of 4002 Jefferson Street, was present. He stated that his business is the only business included in the proposed rezoning area that is currently conforming and will be non-conforming if the zoning change is approved. He questioned why the Commission is looking at making this change at this time. He stated that he is against the zoning change. He assumed that the businesses, when built, were in conformance with the Zoning Ordinance and that the City made changes to the Zoning Ordinance making the businesses non-conforming. It was his opinion that the current zoning be amended to allow residential uses in the LB District. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES NOVEMBER 5, 1997 PAGE 5 Commissioner Szurek explained to Mr. Kurth why this zoning change was being pursued at this time stating that the problem of the non-conformity of the residences in this business district were creating resale problems. She explained that proposed new owners were unable to obtain mortgage insurance for the full value of the property because it was non-conforming and, in the case of damage to the structure of 50% or more (as stated in the Zoning Ordinance), the structure would not be able to be rebuilt as a dwelling. Council Representative Peterson stated that the lots the current non-conforming businesses are located on are not big enough to provide the required setbacks and the off-street parking that is required. Ms. Goodroad again stated that the Commission need not rush into any change at this time. She informed the Commission that it is possible that the City will have a consultant on staff to assist with the upcoming update of the Comprehensive Plan and that the consultant can assist in further study of this problem as the City should be sure that whatever is done, is the correct and appropriate change for the future of the City and the area. Mike Ryan, owner of 643 N.E. 40th Avenue, was present stating that he was the original person who contacted the City regarding the resale of dwellings in this area as he encountered a problem when attempting to sell his residence. It was his opinion that most people who would be purchasing a house in this area would most likely be a first time homebuyer or someone who would not have the 20% down payment plus closing costs to avoid mortgage insurance. He encouraged the Commission to consider the positive effect this zoning change would have on the majority of property owners in the area. Ron Nelson, owner of the business at 700/704 N.E. 40th Avenue was present. He asked Mr. Ryan why zoning was not an issue when he originally purchased his home as mortgage insurance has been required for some time. Mr. Ryan replied that when he bought the property in 1988, mortgage companies evidently did not check or have any concerns about non-conformities caused by zoning or perhaps were not aware of such possible problems. Joe Nesser, business occupant of 710 N.E. 40th Avenue, was present. He stated that he understood about the requirement and changes regarding mortgage insurance and also stated that he understood the non-conformity of his property. He was present to listen to what occurs at the meeting and obtain information. John Super of 640 N.E. 40th Avenue stated that he is preparing to sell his home as he is wanting to retire soon. He stated that he is in favor of the zoning change as soon as possible. Steve lserman of 662 N.E. 40th Avenue was present to voice his approval of the zoning change. Ken Stickler of 696 N.E. 40th Avenue was present stating that he has spent a considerable amount of money to upgrade his home as did other owners in the area. He wanted the area to stay residential and for the homes to be in conformance with the zoning laws of the city. Mike Ryan reiterated that the Commission stated at the October meeting that because this change was being done in house, there would be no costs to the City versus if it was done later with a consultant. He reminded the PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES NOVEMBER 5, 1997 PAGE 6 Commission and the audience that this change would benefit thirty or more properties that are currently out there exposed as a non-conforming property and are then at financial risk. Mr. Kurth argued that if the residence was destroyed 50% or more, the insurance company would pay for the structure. Mr. Ryan reminded Mr. Kurth that the insurance company would only pay for the property at 50% of its value as it is non-conforming. Commissioner Szurek asked staff if businesses could be allowed to exist in an R-2 Zoning District. Ms. Goodroad replied that it would not be a viable option as it would affect all R-2 Zoning Districts, not just this area. She informed the Commission that R-2 Districts make up a large portion of the zoning of the city. Council Representative Peterson stated that at the speed this zoning proposal is progressing, a consultant may be on staff before it is approved. He explained to the audience that the City Council will hold a public hearing and a first and second reading of the proposed ordinance. If approved at the second reading, the ordinance would not be in effect until after thirty days. He stated that he would be in favor of the change to the R-2 zoning as it would benefit the greatest number of properties unless reasonable options or alternatives are brought to him in favor of the business zoning. Discussion was held as far as the next step the Commission should take. MOTION by Peterson, seconded by Fowler, to recommend to the City Council the approval of the rezoning request for properties described in Ordinance #1353 and forwards this Ordinance to the City Council. Voice Vote: All Ayes. Motion Passed. **THIS ITEM TO APPEAR ON THE NOVEMBER 10, 1997 CITY COUNCIL AGENDA. Motion by Fowler, seconded by Peterson, to adjourn the meeting at 8:45 p.m. Motion carried. Kathrynilepin ~' ~/ Secretary to the Plannihg and Zoning Commission Voice Vote: AIl Ayes. kp