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July 22, 1996 Regular
AD~IIINISTRATION July 19, 1996 Mayor Jo,eph St~rderant Donald G. Jolly Meg Jones Gary L. Peterson City Manager Walter IL Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 22, 1996, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. T~e Czty oJ Columvia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment i~ its services, programs, or activities. Upon requesg accommodation wilt be provided to allow individuals with disabilities to participate in ali City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER AND 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. Move to adopt the consent agenda items as listed below: 1) Adopt Council Minutes MOTION: Move to adopt the Regular City Council Meeting Minutes of July 8, 1996. Establish Work Session Dates for August, 1996 MOTION: Move to establish Monday, August 5, 1996, at 8 P.M. and Monday, AUgU~-t 19,' 1996, at 7 P~M. as work session dates for August, 1996. Approve Special Purpose Fence for M. Niznik, 3911 Jackson St., Case #9607-33 MOTION: Move to approve the six (6) foot high special Purpose Privacy fence as requested for 3911 Jackson Street proVided the required building permit is obtained, the front fence is lowered to 42 inches in total height within thirty days (August 8, 1996) and the landscaped area in front of the fence is maintained. 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 PHONE (612) 782.2810 FAX (612) 782-2801 TDD (612) 782.2806 qF~e City of Columbia Heights do~s not discriminate on the basis of disability in employment or the provision of services EquaI Opportunity Employer CITY COUNCIL AGENDA FOR JULY22, 1996 PAGE 2 lO) 11) Approve Special Purpose Fence for J. Christianson, 5045 Mulcare Drive, Case #9607-35 MOTION: Move to approve the seven foot high special purpose fence as requested for 5045 Mulcare Drive provided the required property irons have been located and the required building permit obtained prior to the fence installation. Approve Special Purpose Fence, J. Gregg, 3843 Main Street, Case #9607-36 MOTION: Move to approve the six foot high special purpose privacy fence as requested for 3843 Main Street provided the required property irons are located and the required building permit is obtained prior to fence installation. Request for Street Closure on August 6, 1996--on Gould Avenue between Reservoir Boulevard and Peters Place MOTION: Move to approve the request of Diane Egli of 1036 Gould Avenue N.E., and Pastor David Burgess from Community United Methodist Church to block off Gould Avenue N.E. from Reservoir Boulevard to Peters Place for a Block Party from 6:00 PM to 8:30 PM on August 6, 1996 (National Night Out). Authorize Payment to the League of Minnesota Cities MOTION: Move to authorize payment of $1,229 to the League of Minnesota Cities, with monies to come from the cable budget, 225-49844-4300. Authorize Authority to Enter into Animal Control Contract with the North Metro Humane Society MOTION: Move to authorize the Mayor and City Manager to enter into a contract with the North Metro Humane Society for animal control/impound services for the contractual period of August 1, 1996 to July 31, 1997 with funding from Animal Control Services fund 101-42700-3050. Request for Street Closure on August 6, 1996-cul-de-sac off 41st Ave/Central MOTION: Move to approve the request of the LaBelle Park H Condo Social Committee to block off the east end of 41st Avenue by the cul-de-sac and parking lot for a Block Party from 6:00 PM to 8:30 PM on August 6, 1996 (National Night Out). Approve License Applications (to be provided at Monday night's meeting) MOTION: Move to approve the 1996 license applications as listed upon payment of proper fees. Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. August 6, 1996, is National Night Out Proclamation PUBLIC HEARINGS A. Public Hearing.Revocation/Suspension of a License to Operate Rental Property at 4518 Monroe Street N.E., Bette Scott RECOMMENDED MOTION: Move to Re-Establish a Hearing Date of August 12, 1996, for Revocation or Suspension of a License to Operate a Rental Property Within the City of Columbia Heights Against Bette Scott Regarding her rental property at 4518 Monroe Street CITY COUNCIL AGENDA FOR JULY 22, 1996 PAGE 3 Bo Public Hearing-Second Reading of Ordinance 1328, an Ordinance Calling for the Abandonment of the City Charter. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Reconsider Ordinance No. 1328, an Ordinance Calling for the Abandonment of the City Charter. 7. ITEMS FOR CONSIDERATION Other Resolutions / Ordinances 1) Adopt Resolution 96-50, Resolution Ordering and Levying an Improvement RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 96-50, Being a Resolution Ordering and Levying two alley mid-block lights located on the existing poles between 2302 and 2308 Maiden Lane and between 4520 and 4524 Stinson Blvd., known as PIR 677-Area 30-Project 9607. 2) Other Resolutions ~Ordinances B. Bid Considerations 1) Authorization to Award Bid Refurbishment - 1977 Ford 9000 Fire Truck RECOMMENDED MOTION: Move to authorize staff to award the Truck Refurbishment Project to General Safety Equipment of Wyoming, Minnesota, based upon their low, qualified, responsible bid in the amount of $91,565 with funds to be appropriated from the 1996 capital equipment replacement fund; and furthermore, to authorize the Mayor and City Manager to enter into a contract for same. 2) Authorization to Seek Bids for LaBelle Park East Bank Erosion Control and Property Line Survey RECOMMENDED MOTION: Move to authorize staff to seek bids for erosion control on the East Bank of LaBelle Park. RECOMMENDED MOTION: Move to authorize staff to seek quotes to survey the property line along the East Bank of LaBelle Park. 3) Award Bid for New High Capacity Mower RECOMMENDED MOTION: Move to award the purchase of a 1996 Toro Groundsmaster 580-D mower to MTI, based on their low, responsible bid in the amount of $60,217.00 plus tax, being the base bid with trade-in and the cab option and with funds to be appropriated from Fund 431-45200-5150; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. CITY COUNCIL AGENDA FOR JULY 22, 1996 PAGE ~ Co Other Business 1) Leasing of Water Tower Site for Communication Antennas RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a lease agreement with Sprint Spectrum, L.P. for use of the water tower for a PCS antenna facility. 8. ADMINISTRATIVE REPORTS A. Verbal Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of the Charter Commission Meeting of June 26, 1996 B. Minutes of the Park and Recreation Commission Meeting of June 26, 1996 C. Minutes of the Columbia Heights Public Library Board of Trustees Meeting of July 2, 1996 D. Minutes of the Planning and Zoning Commission Meeting of July 9, 1996 E. Minutes of the Economic Development Authority Meetings of June 25 and July 9, 1996 F. Other Communications 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. Fehst, City Manager cb 96/89 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 8, 1996 me CALL TO ORDER/ROLL. CALL Mayor Sturdevant called the Council Meeting to order at 7:00 D.~. Mayor Sturdevant and Councilmembers Jones, Ruettimann and Peterson were present. Councilmember Jolly was absent. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA The City Manager advised there was one addition to Items for Consideration, that being; 7-c-3 "Purchase of Automatic Defibrillator." CONSENT AGENDA Motion by Peterson, second by Jones to approve the following items on the Consent Agenda: Approval of Council.Minutes The Council approved the minutes of the June 24, 1996 Regular Council Meeting as presented. Establish Hearing Date ~or License Revocation/Suspension of Rental Licens~ at 4518 Monroe Street Northeast The Council established a hearing date of July 22, 1996, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Bette Scott regarding her rental property at 4518 Monroe Street Northeast. Establish Hearing Date for License Revocation/Suspension of Rental License at 3740 Reservoir Boulevard, 3807 Central Avenue and 3817 Centra~ Avenue The Council established a hearing date of August 12, 1996, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Jeffrey D. Bahe regarding his rental properties at 3740 Reservoir Boulevard, 3807 Central Avenue and 3817 Central Avenue. Change of Location of Preci. Dct #5 The Council approved the designation of First Lutheran Church at 1555 40th Avenue Northeast as the official election polling place for Precinct #5 for future city, county, and federal elections. REGULAR COUNCIL MEETINGS JULY 8, 1996 PAGE 2 Re~uest for Street Closure on August 6, 1996 Between 41st and 42nd Avenues on Madison Street Northea$~ The Council approved the request of Mary Schaefer, 4101 Madison Street Northeast, to block off Madison Street Northeast from 41st to 42nd Avenues for a block party from 6~00 p.m. to 9:00 p.m. on August 6, 1996 (National Night Out). Se Approval of License ApplicatioD~ The Council approved the 1996 license applications as listed upon payment of proper fees as well as those licenses listed on the memorandum dated June 24, 1996 from Lowell DeMars. Pa~vment of Bills The Council approved the payment of the bills as listed out of proper funds. Roll call: Ail ayes RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUESTS a. Introduction of New Employee EDA Director, Ken Anderson, introduced Barb Dock, the newly- hired part time Occupancy Specialist/Family Self Sufficiency Coordinator. b. Silver Lake Salvation Army Camp - ?Sth Anniversary Dr. William Carr, representing the Salvation Army Camp located at Silver Lake, stated that the Camp is observing its 75th Anniversary this year. He apprised the Council of the history of the camp and addressed some of the activities which have taken place over the last 75 years. A celebration is planned for September 15th in recognition of the 75 years of service the Camp has provided. PUBLIC HEARINGS a. Second Readina of Ordinance No. 2329 Being an OrdinaD~m Vacating a Portion of an Utility Easement - Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANC~ NO. ~329 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A PORTION OF AN UTILITY EASEMENT REGULAR COUNCIL MEETING JULY 8, 1996 PAGE 3 The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates a portion of that certain utility easement over and across the following described property, to wit: 'The South two (2) feet of the North fifteen (15) feet of the West half of Lot 5, Block 4, Rearrangement of Block "A", Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 24, 1996 July 8, 1996 July 8, 1996 Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ITEMS FOR CONSIDERATION a. Other Resolutions/Ordinances 1. ~dopti~ of Resolution No. 96-49 Bein~ a Resolution to ACc~p~ Local Law Enforcement Block Grant Chief Johnson advised that the grant funds will become available in January of 1997. While the funding may be used for a variety of items, the current proposal is to purchase two laptop computers and two video cameras for the squad cars. Motion by Jones, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING JULY 8, 1996 PAGE 4 RESOLUTION NO. 96-49 BEING A RESOLUTION TO ACCEPT COMMUNITY POLICY GRANT WHEREAS, The City of Columbia Heights Police Department has applied for a grant from the U.S. Department of Justice in cooperation with the State of Minnesota block grants for the purpose of funding equipment and/or overtime; and WHEREAS, The City of Columbia Heights Police Department has provided the U.S. Department of Justice a proposal for implementation of funding for this grant, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City of Columbia Heights enter into a cooperative agreement with the U.S. Department of Justice for the project entitled "Local Law Enforcement Block Grant Program equipment and/or overtime" for the period of January 1997 to December 1997. e The City Council hereby authorizes the City Manager to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Columbia Heights. Offered by: Seconded by: Roll call: Jones Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Bid Considerations 1. Authorize Purchase of Three (3) Fire Hydrant~ Motion by Peterson, second by Jones to authorize staff to purchase three Waterous WG-59 hydrants from Northern Water Works of Minneapolis, Minnesota, for a total cost of $3,363.00 plus sales tax, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes REGULAR COUNCIL MEETING JULY 8, 1996 PAGE 5 2. AuthHrize Purchase of Replacement Water Meters Councilmember Ruettimann expressed his concern regarding'this matter being on the agenda for approval. He felt there should be much more discussion before any decisions are made. He also noted that other cities have experienced problems with the equipment of the recommended vendor. Councilmember Jones cited an associated cost of $25,000 and inquired if sharing this equipment with other cities had been explored. She commented that it appears this equipment will be used only one week out of four. The Finance Director noted that the sharing concept had not been explored. Motion by Sturdevant, second by Ruettimann to table this matter to be discussed at a future Council work session. Roll call: All ayes 3. Authorize Final Payment for Police Garage Concrete Floor and Topping - Municipal Project #9525 Motion by Ruettimann, second by Peterson to accept work for police garage, concrete floor topping, Municipal Project #9525 and authorize final payment of $3,845 to Apollo Construction, Inc. of Roseville, Minnesota. Roll call: All ayes 4. Award Playground Equipment Motion by Jones, second by Peterson to award the purchase of playground equipment for Ostrander and Gauvitte Parks to Flanagan Sales, Inc. of Roseville, Minnesota, based on their low, responsible bid of $29,906 including taxes and delivery with funding to be from the Park Capital Improvement Fund 412- 45200; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes ~ 5. Authorization to Re-Bid 1996 Street Rehabilitation Project Motion byPeterson, second by Ruettimann to authorize staff to seek sealed bids for the 1996 Street Rehabilitation Project, consisting of P.I.R. #906, #907, #908, #909, #910, #911, #912 and #914 being Projects #9415, #9416, #9417, #9418, #9419, #9420, #9421 and #9423 respectively. REGULAR COUNCIL MEETING JULY 8, 1996 PAGE 6 C. Other BusiDes$ 1. Approve Application for One-Time Bingo Event on August 10 and 11. 1996 at Immaculate Conception Motion by Ruettimann, second by Jones to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the Hiawatha Activities Council, Inc. at the Church of Immaculate Conception, 4030 Jackson Street Northeast, Columbia Heights, on August 10 and 11, 1996; the City Council hereby waives the remainder of the thirty day notice to the local governing board; and the above matter being approved is contingent upon the City Manager checking on whether other bingo events are being conducted by Immaculate Conception Church and also upon review and recommendation of the City Attorney after he reviews the City's gambling ordinances. Roll call: All ayes 2. Denial of Taxicab License ADDlication of William E. Floyd The Police Chief reviewed the history of trying to contact Mr. Floyd regarding his license request and the completed application he submitted. To date, Mr. Floyd has not been reached at the address or telephone number on the application. Motion by Sturdevant, second by Peterson to table approval until the Council Meeting of August 12, 1996 at which time a properly completed application must be submitted by Mr. Floyd. Roll call: All ayes 3. Automatic Defibrillator Purchase Motion by Jones, second by Peterson to authorize the purchase of one LIFEPAK 300 automatic advisory fibrillator unit from Physic Control Corporation of Redmond, Washington at a total cost of $5,000.00 as the purchase is being made possible by a donation from the Tri-City American Legion in the amount of $5,000.00. Roll call: All ayes Se ADMINISTRATIVE ~FPORTS a. Report of the City Manager City Manager Fehst stated he sincerely appreciates the assistance and cooperation he has received from the Acting City Manager, Mark Winson. REGULAR COUNCIL MEETING JULY 8, 1996 PAGE 7 e GENERAL COUNCIL COMMUNICATIONS The Council received the minutes of the April 18, 1996 Charter Commission Meeting. 10. CITIZEN FORUM T0 ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A resident on Fifth Street expressed his concern relative to a letter he received from the Housing Inspection Department regarding a condition on his property which is in violation of City ordinance. A resident on Jackson Street stated she has received a letter from the City Inspector addressing some material on her property and the condition of her garage. She wants to meet with the Inspector to discuss the content of the letter. She also felt her neighbor has not been cooperative with her and many of the problems she has been experiencing have not been addressed. 11. ADJOURNMENT Motion by Ruettimann, second by Peterson to meeting at 8:35 p.m. Roll call: All ayes adjourn the Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S APPROVAL~ NO: 4 CITY MANAGER'S ITEM: ESTABLISH WORK SESSION DATES FOR BY: WALT FEHST BY: NO: , , Work session dates need to be established for the month of August. Dates suggested are August 5 at 8 p.m. and August 19 at 7 p.m. RECOMMENDED MOTION: Move to establish Monday, August 5, 1996, at 8 P.M. and Monday, August 19, 1996, at 7 P.M. as work session dates for August, 1996. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: /~ Planning and Zoning APPROVAL ITEM: Special Purpose Fence, M. Siznik BY: Tina Goodroad~ NO: #9607-33, 3911 Jackson St. /~. ,dj,, '~) DATE: July 10, 1996 The Planning and Zoning Commission reviewed the request of Ms. Mary Niznik to install a 3.5 foot high wood board special purpose privacy fence along the front property line at 3911 Jackson Street. In addition to this, a six (6) foot high wood board fence along the south side of the house has been installed from the front corner extending toward the rear and connecting to an existing fence. The reason for the request is for privacy and to prevent foot traffic from passing: throUgh the lot. These fences were installed over Memorial weekend without the required approval or building permit. The Planning and Zoning Commission is required to approve all privacy fences which lie in the front and/or to the side of any house if they exceed 42 inches in height. All required signatures of consent from adjacent property owners have been obtained. The front fence line appears to be one to two feet into the public right-of-way. The City Attor, ney advised the property owner that, if the City requires access to the public right-of-way and the fence is in the way, the fence would have to be moved at the owners expense. The owners understood and have agreed to this. RECOMMENDED MOTION: Move to approve the six (6) foot high special purpose privacy fence as requested for 3911 Jackson Street provided the required building permit is obtained, the front fence is lowered to 42 inches in 'total height within thirty days (August 8, 1996) and the landscaped area in front of the fence is maintained. COUNCIL ACTION: ~,ezonin~ Variance Privacy Fence Condit. ional Use Pe~ Subdiv~s~on Approval Si~e Pi~ ~ppr~al O~er CITY OF COLUI~IAHEIGHTS 1. St=eat Address of Subject Property~ 3911 Jackson Street 2. Lesal Description of Subject Property~ Na~e:__Mary d. Niznik Address: 3911 Jackson $~, Phone: 789-1262 Name~ Address~ Phone, Description of Request% install 6 ft. high prlvacy fenc~ along and inside the south side of the house from the front corner extending 30 feet toward the rear. This:fence. alono with the portion at the front yard, was installed without ~he r~qgir~d Dermlt/mmrml~lmn- The portion at the front will be cut to 42" hgt. and moved ingide the front property llne. Zoning: Applicable City Ordinance Number Present ZoninK Present Use Section Proposed Zoning Proposed Use 7. ~e&son for Request~ screening and foot traffic thru yards 8. .~.hibi~s Submi~ted (~aps, d~asra~s, etc.) ic~ovled~ent and Si~ature~ ~e ~ersi~ed hereby repres~ts upon all of ~e penalties of lay, for ~e pu~ose of ~duc~ ~e City o~ Col~b£a Rei~ts ~o t~e ~e action herein requested, t~t all etate~ents herein are t~e ~d ~at all vo~here~ li~a~ure of Applic~t ~ 1~ T~en By: ~ I, request your written consent to cc~st~u~t (applicant' s name) (height of fence) ' (t~pe of fence, mat~rl~l finish) at (appLicant' s address~' / (distance) . ~he fence will be situated in fx~m~ pro~ line. A true and accurate sketch of the locat~_~n of the fence on the applicant,s pzope~-by. '(Be accurate in your measurements; it will avoid la?.~r mi~understandings snd cc~flicts. ) --- Signature ~ / ; Address Signature ; Address Signature ; Address CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION:J/ CONSENT ORIGINATING DEPT.: CITY MANAGER NO: '~ Planning and Zoning APPROVAL ITEM: Special Purpose Fence, J. BY: Tina Goodroad~ BY:. ,,~~ · Christianson DATE: July 10, 1996 NO: Case ~9607-35, 5045 Mulcare Drive The Planning and Zoning Commission reviewed the request of Jon Christianson for permission to insSall a seven foot high wood board special purpose privacy fence along the west side of the house at 5045 Mulcare Drive from approximately the front of the house and extending approximately thirty feet toward the rear of the lot. Seven feet is the maximum height for a residential fence in the rear yard. RECOMMENDED MOTION: Move to approve the seven foot high special purpose fence as requested for 5045 Mulcare Drive provided the required property irons have been located and the required building permit obtained prior to the fence installation. COUNCIL ACTION: ccag0796.no3 Appl£¢ati= ' aezonins Variance Privacy Pence Conditional Use Permit Subdivision Approval SAte Plan Approval O~her Street address of Subject Property, ~7~b¼~ ~\.~ %~. AJ.8-. lo+ Description of Request, Ovner, Name: Address, Phone, Applicable City Ordinance Number Present Zonin~ Present Use Section Proposed Zonin8 Proposed Use Reason for Reques~ ~m 8. Er~bits Submitted (maps, d~asrans, etc.) 9. Acknovled~ment and S~Aature~. The un. ders~ned hereby represents upon all of the penalties of law, for the purpose of /nduc~n~he C~ty of Columbia Heights ~o take the 1 action herein requested, tha~t~ statemen~erein are true and that all work herein ~entioned will be done in~cor~ance with~0.r~dinances of the City of Columbia Heishts and the lays of ~he Sta~of ~mesot.. f~(/~// ) ' Date, ~/'~ '/~ S~ature of Appl~c~t~ ~ ~ ' ~ ~ity of Columbia Heights 782-2817 APPLICATION FOR FENCE PERMIT ADDRESS: JOl~ SiTE AbuKF. SS: ~iS PROPERTY OWNER'S NAME: ~ CITY: C~\. ~-~. STATE: NAME 0F TENANT/OCCUPANT (if different from above): CONTRACTOR: ~ ADDRESS: DATE: PHONE Phone # CITY: State: Ehone: Is Contractor Licensed by: Col. Hgts. /kI~) or State of MN. TYPE of FENCE: C~t~tA~- ~)OA*-~t (chain link,-- ' ''picKet, alternating board, etc) License # Height of Fence: Valuation of Job or Bid Price: $ Please sketch a true and accurate depiction of the property indicating location of dwelling, garage and location of proposed fence on property showing distance to .property llne. Be accurate in your measurements; it will avoid later misunderstandings and conflicts. INSTALLER OF FENCE REQUIRED TO LOCATED CORNER PROPERTY IRONS PRIOR TO FENCE INSTALLATION. I, the undersigned, have received a copy of the Fence Ordinan~am res/~[ible for the installation of fencing meeting those requirements. ~ / Permit Approved: APPLICANT SIGNATURE Permit Denied: / ' Date: BUILDING INSPECTOR: / Minimum Permit Fee: $25.00 (app~caut' s name) (height' of fe~c~') request your written consent to construct (type of fence, material and make-up finish) (applicant' s address ) (~i~tknce) · Ehe fence will ~e situated iu from n~ property 11ne. A tuque and accurate sketch of the location of the fence on the .applicant's property. (Be accurate in your measurements; it will avoid later misunderstandings and coaflicts. ) AcknowledsEnent and Signatures. ~he undersigned fully understands the request herein mentioned and agrees to co~sent to its height, type and location. Signature Sigaature Signature Address Address Address CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION: ii CONSENT ORIGINATING DEPT.: CITY MANAGER NO:"T Planning and Zoning . APPROVAL ITEM: Special Purpose Fence, J. Gregg BY: Tins Goodroa~kjv By~/~Z._~////~//~~ NO: Case ~9607-36, 3843 Main Street DATE: July 10, 1996 The Planning and Zoning Commission reviewed the request of Jeff Gregg for permission to install a six foot high, non-climbable, wood, special purpose privacy fence in the north side and rear yard of 3843 Main Street in conjunction with the installation of a swimming pool. The fence will extend from the north front corner of the house to the north property line, extending along and inside the north property line forty-five (45) feet and then across the rear yard to the rear corner of the deck. The reason for the fence is to fulfill the requirement that swimming pools be enclosed by a non-climbable fence with a self-closing, self-latching gate. RECOMMENDED MOTION: Move to approve the six foot high special purpose privacy fence as requested for 3843 Main Street provided the required property irons are located and the required building permit is obtained prior to fence installation. COUNCIL ACTION: ccag0796.no4 CITY OF COLUMBIA KEI=HTS ~ezonins ,,, Variance Pr~v&cy Pence ~ Cond£t~on&l Use Pe~n£t Subdivision Approval Other Legal Descr~pt£on o£ Subject Property' Owner, H~me~ Address, Phones Phone = Applicable C~ty Ord~nce N~ber Section Present Zon~g Proposed Zon~ Presen~ Use Proposed Use 7.....on fo=.eque.~, ~ ~ '~ Z=h~b:Lts Subn£+-ted (naps,; d~asrans, etc.) Acknovled~ment and S~nature~ The undersigned hereby wepresents upon all o~ ~he penalties of lav, for ~e pu~ose of ~duc~i ~e C~y of Col~b~a Heights ~o ~ake ~e action here~ requested, ~ all s~a~enents here~ are t~e ~d ~a~ all york here~ mentioned v~l be done ~d ~e lays uf the State of H~eso~a. /// // ' ,,, 782-2817 * ,APPLICATION FOR FENCE PERHIT JoB SIT AODR SS: .... .... PROPERTY O~/NER'S NAHE: ~'~c~C~¥- -'-~'11 ~--r~-r~-~.c/ ADORESS: C ITY:~__~/~/~,,~ H~,,.'~ kT "~ STATE: //~ ~ NAt4E OF TENANT/OCCUPANT (i f dlfferent from above): CONTRACTOR: [ -~ ADDRESS: Phone # CITY: State: Ehone: Is Contractor Licensed by: Col. Hgts... or State of HN. TYPE of FENCE: C,.C,'.O0~ (' [l~/,q.~,.J (chain)ink, picket, a)tern~ing board, etc) Valuation of Jobor Bid Price: License # Height of Fence: Please sketch a true and accurate depiction of the property indicating location of dwelling, garage and location of proposed fence on property showing distance to property llne. Be accurate in your measurements; It ~ill avoid later misunderstandings and conflicts. INSTALLER OF FENCE REI TO LOCATED CORNER PROPERTY IRONS PRIOR TO FENCE INSTAl ION. ! 0 I, the undersigned, have received a copy of the Fence Ordinance and am responsible for the installation of fencing meeting those requirements. Permit Approved: APPLICANT SIGNATURE: .-.~ ~~ Permit Denied: ~ Date: BUILDING INSPECTOR: ~inimum Permit Fee: $25.00 CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION:.~ CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~, S ITY MANAGER'S A PPROVA~ , j/ NO: ~ Attached is a letter from Diane Egli, 1036 Gould Avenue N.E., and Pastor David Burgess from the Community United Methodist Church, with their request to conduct a block party on Tuesday, August 6, 1996, from 6:00 PM - 8:30 PM, with barricades blocking off Gould Avenue between Reservoir Boulevard and Peters Place. RECOMMENDED MOTION: Move to approve the request of Diane Egli of 1036 Gould Avenue N.E., and Pastor David Burgess from Community United Methodist Church to block off Gould Avenue N.E. from Reservoir Boulevard to Peters Place for a Block Party from 6:00 PM to 8:30 PM on August 6, 1996 (National Night Out). COUNCIL ACTION: Community United Methodist Church 950 (~OULD AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 (612) 788-9009 DAVID P. BURGESS MINISTER July 10, 1996 JUL l~ 199~q City Admidstration Columbia Heights City Hall 540 Mill Street Columbia Heights, MN 55421 Dear City Administrator We are asking permission to close off Gould Avenue between Peters Place and Reservoir Boulevard on Tuesday evening, August 6, 1996 from 6:00 to 8:30 PM for the purpose of a block party. We believe that such events strengthen our community and is a positive thing to do. We hope you will approve our request. If you have any questions please feel free to call either of us. Sincerely, David P. Burgess, Pastor ~' Community United Methodist Church 950 Gould Ave NE Columbia Heights MN 55421 788-9009 Diane Egli, Block Coordinator 1036 Gould Ave NE Columbia Heights MN 55421 781-2584 CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~, CITY MANAGER'S APPROVe// ~/J/ As you are aware, U.S. West recently challenged cities' authority to manage their public rights of way. Recognizing the magnitude of this issue, the League of Minnesota Cities Board of Directors appointed a Rights of WaY Task Force to look at what should be done. The Task Force developed a work program that involves legal, legislative, and public information strategies to protect cities' roles in managing the public right of way. The Task Force estimates full implementation of the work program could cost as much as $325,000. The money will be used for legal representation, work with legislative leaders, and an extensive statewide public information campaign. The Board has allocated $125,000 from the current League budget, and is asking member cities to voluntarily allocate $200,000. Based on a percentage of 1995-1996 League dues, $1,229 is requested. Attached is a letter and additional information from the League regarding this issue. Staff recommends payment of $1,229 to the League of Minnesota Cities, with monies to come out of the cable budget. RECOMMENDED MOTION: Move to authorize payment of $1,229 to the League of Minnesota Cities, with monies to come from the cable budget, 225-49844-4300. COUNCIL ACTION: 145 University Avenue West, St. Pad, ~LN 55103-2044 Phone: (612) 281-1200 ® (800) 925-1122 Fax: (612) 281-1299 ° TDD (612) 281-1290 July 2, 1996 Dear Mayor Sturdevant and Members of the Columbia Heights City Council; By now, you are probably aware of the rights of way issue facing cities in Minnesota. US West's challenge to local management of the public rights of way is one of the most critical issues cities have faced in years. It was a topic of considerable discussion at the Annual Conference, where member cities supported lhe League Board of Directors decision to move forward with an aggressive work program and financing plan to counter this challenge. We need your city to make a special payment to this fund and help put the work plan into action. The work plan developed by the Rights of Way Task Force and approved by the Board could cost $325,000 or more. This assumes that a large portion of the work plan will be coordinated by and implemented through League staff. The Board has agreed to allocate $125,000 from the current League budget for the work plan and is asking member cities to voluntarily pay $200,000. Based on your city's 1995-96 League dues, your suggested minimum payment is $1,229. Please consider this request in July and submit your payment by August 15, 1996 if at all possible. If each city meets their minimum payment, the $200,000 target is reachable. However, because it is unlikely that all cities will join this voluntary effort, we encourage members to allocate more if this initiative is of particular importance to them. Two important points should be made: First, this is a voluntary payment. As a member of the League of Minnesota Cities, you are not required to take part in this effort. However, if total city payments fall significantly short of the $200,000 goal, the League will not be able to fully undertake the work plan. Second, your voluntary payment should not be confused with your League membership dues which will be billed at the beginning of September. The Board of Directors and I understand that this issue must be weighed against the priorities in your city. However, we believe that the prospect of losing local control of public property warrants this extraordinary effort. This is a complicated issue, please consider it carefully. Enclosed is a brief information sheet to help you in your deliberations. If you have any questions, contact me at (218) 643-1431, League Executive Director Jim Miller at (612) 280- 1205 or (800) 925-1122, or any member of the Board of Directors. Sincerely, Blaine C. Hill President, League of Minnesota Cities cc: City Manager, Adj~r~ro~!ki, a~ry/AFFi~tATrw ACTION EMPLOYER Common questions about public rights of way QWhy did local management ofpublic rights of way become such an issue? A-~n February, US West challenged a .t a~ttedwood Falls ordinance that set standards for installing fiber optic cable in the public right of way. The ordinance charges a small per foot fee, requires the cable to be encased in concrete conduit, or, if that isn't done, limits the city's liability in case the cable is damaged. US West asked the Minnesota Public Utilities Commission (PUC) to take over jurisdiction of city rights of way, and set aside any local regulations. Then, US West sued the city of Redwood Falls in District Court. US West asked the court to prevent the city from enforcing the ordinance, and allow them to lay their fiber optic cable pending resolution of the matter before the PUC. Q Didn 't the District Court rule in favor of Redwood Falls ? A-~Yes. The League intervened on behalf of .t a. ecedwood Falls early in the proceedings and hired outside legal counsel with expertise in utility law. Those efforts paid off when a Fifhh District Court Judge dismissed the lawsuit brought by US West. In the order dismissing the suit, the judge stated essentially that the state law creating the PUC authorized it to regulate telephone service providers but did not take away cities' right to impose reasonable regulations and to charge a reasonable franchise fee for the use of their streets and services. The judge wrote "...The public utility commission regulates telephone companies, not cities." QA~rooDOesn 't that settle things? ruling, which is expected later this summer. US West may also appeal the District Court ruling. Regardless of what happens in these two arenas, the Legislature will be looking at this issue when the 1997 session begins in January. QWhy is this such an important issue? A-,The implications of this case are enormous. a. a.~s deregulation and competition among telecommunication and utility providers continues, there will be more and more demand for access to the ground under city streets. All kinds of businesses and utilities make use of that scarce space - telephone companies, cable television companies, gas companies, power companies - and so on. If cities are not allowed to manage the use of the fight of way, streets could be torn up regularly and underground facilities could become a tangled maze. Imagine your city completing a major repaying project, only to have the street torn up by a utility looking to install lines. Imagine the phone calls to city hall from irate residents if streets are blocked off two or three times a year. Imagine your frustration when it becomes obvious that local taxpayers are being forced to subsidize private industry and pay higher taxes to build and maintain city streets. Q$~ ;,,',,~; ;~ ;i;c Lcag',~e of Minnesota Cities doing? A-As the magnitude of this issue became d-~.clea,-, the League Board of Directors appointed a Rights of Way Task Force to look at what should be done. Through the course of several meetings, the Task Force developed a work program that involves legal, legislative, and public information strategies to protect cities' role in managing the public right of way. The Task Force estimates that full implementation of the work program could cost as much as $325,000. The Board has agreed to finance this work program by allocating $125,000 from the current League budget and asking member cities to voluntarily allocate $200,00O. QA25200, 000 is a lot of money. What is the League going to do with all of that? The work plan includes legal epresentation, work with legislative leaders, and an extensive statewide public information campaign. While League staff will take on the bulk of this work, it's likely that outside assistance will be needed. Q How did you decide how much you want our city to pco,? mpYoUr suggested payment is based on a ercentage of your city's 1995-96 League dues. QADO we have to pay? How will the payment affect our dues ? No city if required to pay. This is strictly a voluntary payment. Also, it's entirely separate from the League dues statement your city will receive in September. QWhat if our city decides not to pay? ~,equired to take pm't in this effort. However, if ~otal city payments fall significantly short of the $200,000 goal, the League will not be able to fully undertake the work plan. Q~?~lr~ Ya(eCan our city pay more? is of particular importance to them. If all member cities meet their minimum payment, the $200,000 target is reachable - but it's unlikely that every city will join this voluntary effort. QmdAfter we pay, how can we stay up to date on the issue? We will keep you informed of any evelopments through articles in Cities Bulletin, direct mailings, and broadcast faxes. QClearly, our payment is only part of the solution. What else can we do? A- The best thing city officials can do is stay ./"'k/nformed, and pass that information along to as many others as possible. Discuss rights of way with your local editors and reporters; make local control a campaign issue for your House and Senate candidates; talk to your local Chamber of Commerce about the business impact of torn-up streets; let taxpayers know you're working to protect their investment in streets. QI'm still confused. Who shouM I call? A-if you have more questions, please contact _t'-K~ague Executive Director Jim Miller at (612) 280-1205 or (800) 925-1122, or any member &the Board of Directors. CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION: CONSENT NO. q, ITEM: Animal Control Contract I ORIGINATING DEPARTMENT I CITY MANAGER POLICE~ APPROVAL: BY: Thomas M. Joh~~ DATE: July 15, 1996 -[¥'[t1 DATE: ~ae~/~,~. The North Metro Humane Society,(formerly known as the Greater Anoka County Humane Society), located in Coon Rapids, Minnesota, has handled animal control services for the communities located in Anoka County for many years. Our procedures, services, and methods of working with the North Metro Humane Society have been reviewed and it is felt by the Police Department that the services offered by the Humane Society are the most cost effective method of providing animal control services for the City. The proposed 1996-1997 contract begins August 1, 1996, and expires July 31, 1997. Costs are based upon a per animal fee. The 1996-1997 costs are anticipated to be raised by five per cent according to the Humane Society Executive Director. This five per cent will cover the increase in administrative costs. Funds for the animal control services are budgeted for in the Police Department. RECOMMENDED MOTION: "Move to authorize the Mayor and City Manager to enter into a contract with the North Metro Humane Society for animal control/impound services for the contractual period of August 1, 1996, to July 31, 1997, with funding from Animal Control Services fund 101-42700-3050." TMJ:mld 96-313 COUNCIL ACTION: Humane Society 1411 Main Street · Coon Rapids, MN 55448 · (612) 754-1642 CO~'.-TRACT withou! words /~ 7~ BY ~N'D B~ZE~ THE NORT~ ~TRO ~o~E SOCieTY, ~4~i I, LX~N STREET, ~ ~' SOCIETY", ~D m~'E_.. ~*=v_ OF ~~1~ ~/6~J HEREINAFTER REFz_~ED TO AS W~:EREAS, ~'~{EREAS, THE i-~L~,TE SOCIETY rS QUALIFIED~.~ WiLLiNG TO PROVIDE SUCH SERVICES i~{EREAS~ :'H~ iCJNiCIPALiTY WISHES TO PL~C~SE THESE SERVICES FRO[.[~z.i{= HLT,~E SOCIETY IN ACCORD~N'CE WiTH TH~S CONTRACT; NOW THEREFORE, ............. :~ OF THE !~'TUAL C~v~N~..~S O%x*m~r,r~ HEREIN, i'T iS AGREED ~%D UNDERSTOOD AS FOLLO;'TS: TEROUGEUI~Z~ O! · /~f7 , %~.~LESS TE~-,iZ~ATZD EARLIER AS PROVIDED HEP~iN, ..... · AS_. _ SERVICES THE Hb%~iE SOCIETY AGP~ES TO PROVIDE THE FOLLOWING SERVICES: !. SHELTER FOR'ANimAL DROP-OFFS ON A 24 HOb~ BASIS. PiCK UP AND TRANSPORT ANIMALS TO THE SHELTER ON WEEKDAYS FROPi !:00 P24 TO 4:00 PM EACH DAY ~D ~SO ~EKENDS ~ Pi~ . ~. i:00 TO 4'00 PM DEPENDING ON STAFF A~L~B~LITY. P~SPONSES TO ~Q~STS FOR PZCi~JPS ~S~ORT WILL BE ~DLED IN ~ O~ iN ~{iCH ~ ~CE~D AT ~E SF~LTER. i~iViDU~S ~NG THE ~QD~STS WiLL BE ~VISED OF THE ~DPROXIF~TE TI~ ~EN PICKUP WILL BE F~DE. AN'I!4AL EXA~INATIONS AND %~T~RiNARY C~RE (WiTHiN THE SCOPE OF OL~ABILiTiES) AS REQUIRED KE{ENEV~-~ST/mFF IS A%%AiLABLE. 4. BOAP, DiNG FOR UP TO FiVE (5) DAYS. (i) III. IV. 5. EUTEA~\'ASIA ~_~YD DISPOSAL OF ANI~LAL iF P~QUIRED. RESPONDING TO ALL~NI~.~.AL,~USE/NEGLECT CASES IN THE ~NOKA COUNTY AREA IN COOP~-~RATION WITH/~UNICIPAL OFFICIALS ~EN NECESSARY. P~SPONSIBILITIES OF THE!~UNICIPALITY THE M-JNICIPALITY SHALL CALL THE ~=JMANE SOCIETY FOR PICK-L~ OF ANIMALS DURING NORMAL BUSINESS HOURS, AS SPECIFIED ABOVE, OR WILL TRANSPORT Ti~EA_~IMALS TO THE SHELTER ON A 24 HO'JR BASIS. AFTER NORFzAL BUSINESS HOURS, THE MUNICIPALITY SF~ALL OBTAIN TREATMENT FOR INJURED A.Ni~IAL-S THAT ARE iN A LiFE-THP~ATENING CONDITION. THE iTD~-MANE SOCIETY WILL PICK-UP ~HE A};I~4ALAS SOON AS POSSIBLE AFTER TREATMENT. CO~PE~SATiON ............. =~ SI~ALL PAY THE P~q~L~NE SOCIETY THE -~OLLmW=NG~ -. ~ FEES: IMPOUND FEE: AN ADMINISTRATIVE CF_ARGE OF $32.00 PER A2.~i~.DAL FOR THE FIRST DAY OF Ii, PODdeD. BOARDING FEE: $~0 00 PER DAY, PER ANI!~.LkL., ~D EACH DAY AFTER THE ~iRST DAY OF i~POUND. Ct QU~_~NTiNE FEE: iN ADDITION TO THE REGB~R BOARDING FEE, $5.50, PER DAY, PER A~IM~AL, FOR ALL ~Ni~'._A_LS WHICH MUST BE QUARAD;TINED. 1. ~EN THE~JNICIPALITY.HAS AUTHORIZED QUARA~TINING A2~ ANibLAL AND THE OWNER IS UNt~NO~.~ OR ~NOWN BUT WILL NOT PAY THE FEE, THE 5~JFaANE SOCIETY WILL BILL THE~wrb~iCIPALiTY. IF THE FEE R~INSUNPAID, THE Hb%LANE SOCIETY WILL HAVE THE OPTION OF NOTIFYING THE ML~ICiPALITY THAT AFTER 30 DAYS IT WILL NO LONG~qACCEPT QUARANTINED ANIMALS. De TRANSPORTATION FEE: ATTACHED SHEET FLAT CHARGE PER CITY. SEE E. VET SA~RVICES FEE: $32.00 PER HOUR. F. EUTFJ~NASIA FEE: $.35 PER POUND DISPOSAL G. VACCINATION FEE: $3.00 PER A_NIF=Z~ EL~F3~ASIA SOLUTION FEE: ADDITIONAL .5CC PLUS .08 (2) 1 CC $3.80 EACH 5% ADDITIONAL CHARGE FOR ADMINISTRATIVE SERVICES (ACCOUNTING, BILLING ETC.) THE MUNICIPALITY WILL NOT BE CHARGED THOSE COSTS RECOVERED FROM PET O~ERS. CF~%RGES FOR SERVICES SHALL BE PAID MONTI_.~Y OR WITHIN THIRTY (30) DAYS AFTER SUBMISSION OF THE MONTHLY CI~Z.I~S BY THE ~JFaZ. NE SOCIETY TO THE MUNICIPALITY. V. CO~L!A~NCE WiTH LAWS IN PROVIDING ALL SERVICES PURSUANT TO THIS CONTRACT, THE h~JuNE SOCIETY SHALL ABIDE BY ALL STATUTES, ORDINANCES, RULES AND .REGULATIONS PERTAINING TO OR REGUW_~ATING THE PROVISION OF SUCH SERVICES, INCLUDING THOSE NOW IN EFFECT AND HEREINAFTER ADOPTED. VI. ALOFT DISCLOSUP~ A~ND R~TW~ION OF R.ECORDS THE ~E~NE SOCIETY AGREES TO ~IAIXE AVAILABLE TO DULY AUTHORIZED REPRESENTATIVES OF THE ~?~'!CiP~!TY AND EITHER THE LEGISLATIVE AUDITOR OR THE STATE AUDITOR FOR THE Pb~POSE OF AUDIT EYJ~[iNATION PD~SUANT TO ~WLN. STAT· i6B.06, ~Y BOOKS, DOCb~ENTS, PAPERS .~D RECORDS OF THE ~u~,LANE SOCIETY THAT ARE PERTINENT TO THE HbR~D%=NE SOCIETY'S PROVISION OF SERVICES HEREUNDER. THE ~NE SOCIETY FL~THER AGREES TO F~iNTAIM ALL SUCH REQUIRED RECORDS FOR THREE (3) YEARS AFTER ~ECEiPT OF FINAL PAYMENT A~D THE CLOSING OF ALL OTHER RELATED ~TTERS. Vii. I:~ SUPJuN~E THE HL~'.AA~NE SOCIETY SHALL Pb"RC.ULASE, ~'~AINTAiN iN FULL FORCE Ai~D EFFECT Db-RiNG THE TE~! OF THIS CONTRACT AND PROVIDE PROOF OF THE FOLLOWING INSU!q~-NCE COVERAGE: A. WORKER'S COMPENSATION: COVERAGE AT STATUTORY LIMITS AS PROVIDED BY THE STATE OF MINNESOTA. COI~OREHENSiVE GENERAL LIA3ILITY: COVERAGE SHALL HAVE MINIMb~ LIMITS OF $!,000,000 PER OCCURRENCE, COMBINED SINGLE LIMIT FOR BODILY INJTTRY LIABILITY AND PROPERTY D~GE LIABILITY. BUSINESS AUTO LIABILITY: COVERAGE SHALL HAVE LIMITS OF $500,000 PER OCCURRENCE, COMBINED SINGLE LIMIT OF BODILY INJTJRY LIABILITY AND PROPERTY DAI~AGE LIABILITY. THIS S~%LL iNCLUDE OWNED VEHICLES, HIRED~ND NON-OWNED VEHICLES AND EMPLOYEE NON-OWNERSHIP. CUP,RENT, VALID INSURANCE CERTIFICATES MEETING THE P~QUIRF~MENTS HEREIN IDENTIFIED Si~kL'L BE AVAILJ~BLE TOT HE (3) h-U~!CIPALITY IF SO DESIRED BEFO_RE THE SIGNING OF THIS CONTRACT. ALL POLICIES SHALL PROVIDE, AND THE CERTIFICATES ISSUED SHALL EVIDENCE, THAT THE MUNICIPALITY WILL BE NOTIFIED IN WRITING AT LEAST THIRTY (30) DAYS PRIOR TO CANCEL~-J~TION OR MODIFICATION OF 4. COVERAGE. VIII. EARLY TER,MINATION THIS CONTRACT MAY BE TERMINATED BY EITHER PARTY, WITH OR WITHOUT CAUSE, UPON THIRTY (30) DAYS WRITTEN NOTICE, DELIVERED BY MAIL OR IN PERSON, TO THE OTHER PARTY. FOR PURPOSES OF SUCH NOTICE, THE ADDRESSES OF THE HUMANE SOCIETY AND MUNICIPALITY ARE AS FOLLOWS: GILES KOBILKA, EXECUTIVE DIRECTOR NORTH METRO HL~tNE SOCIETY 1411 MAIN STREET NW COON P~PIDS ~-N 55448 CiTY CLEP~/¥~nNAGER: CiTY OF: iX. MODiFiCATIONS ANY MATERIAL ALTERATIONS, MODIFICATIONS OR VARIATIONS OF THE TE~%iS OF THIS CONTRACT SHALL BE VALID AND ENFORCEABLE ONLY WHEN THEY HAVE BEEN REDUCED TO WRITING AS ANA~ENDMENT ~ND SIGNED BY THE PARTIES. X. ENTIRE AGP~E ~T IT IS UNDERSTOOD ~ND AGREED BY THE PARTIES THAT THE ENTIRE AGREEMENT OF THE PARTIES IS CONTAINED HEREIN AND THAT THE CONTRACT SUPERCEDES ALL ORAL AGREEMENTS AND NEGOTIATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AS WELL AS ANY PREVIOUS AGREEMENTS PRESENTLY IN EFFECT BETWEEN THE HLLMANE SOCIETY A/~'D THE MUNICIPALITY. THE PARTIES HERETOREVOKEANY PRIOR ORAL ORWRITTEN AGREEMENTS BETWEEN THEMSELVES AND AGREE THAT THIS CONTRACT IS THE ONLY AND COMPLETE AGREEMENT REGARDING THE SUBJECT HEREOF. HUMANE SOCIETY CITY OF BY: TITLE: BY: TITLE: (4) DATE: 1411 Main Street · Coon Rapids, MN ~5448 · (612) 754-1642 EUTH SOLUTION ~EE iCC I 5CC 2CC 2 5CC 3CC 3 5CC GCC 4 5CC 5CC 5 5CC GCC G 5CC 7CC 7.5CC - 6 - 4 - 4 - 4 - 4 - 4 - 4 - .~ 3.89 3.96 4.(D3 4.1(D 4.!7 4.24 45 52 59 6S 73 S. 5CC - 9CC - 9.5CC - I~CC - 1~. 5CC- I!CC - 11.5CC- 12CC - 12.5CC- !3CC - 13.5CC- 14CC - 14.5CC- 15.5CC- 4.87 4.94 5.01 5.~8 5.15 5.22 5.29 5.36 5.43 5.50 5.57 5.64 5.71 5.78 5.85 CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION: CONSENT ,£ ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER' S APPROVAls/ . ! NO: NO: ~ Attached is a letter from the LaBelle Park II Condo Social Committee to conduct a block party on Tuesday, August 6, 1996~ from 6:00 PM - 8:30 PM. They are requesting barricades to block off the east end of 41st Avenue by the cul-de-sac and the parking lot so the parking lot by LaBelle pond just to the east side of LaBelte II can be used for the gathering. RECOMMENDED MOTION: Move to approve the request of the LaBelte Park II Condo Social Committee to block off the east end of 41st Avenue by the cul-de-sac and parking lot for a Block Party from 6:00 PM to 8:30 PM on August 6, 1996 (National Night Out). COUNCIL ACTION: Labette Park t! !011 - 41st Ave. N.E. Columbia Heights, MN. 55421 789-0495 July i8, 1996 Columbia Heights City Council: I. aBelle Pazk /,Ii,lift ase planning a Get-togetbes o~ August 6, 1996 6'OOpm to 8:30pm for America's night-out =~ ~ · C~m~. ~va~nst ~ ~ We aze haying ~ef~esNments a~d a conceztina playe~, aloY~g with a stop-by from our police and fire departments. We are~ez=esting ~=~.~:,'~'~ .... ~ng off the =~u=:'* end -,~ 41st Ave by cul de sac and the pa~king lo%. ~o ~e may use the paIkiY~g lot bp LaBelte pond just East side of LaBelte II for our gathering. m~'~°=~.~=~ way people can still get to all tNree ~=et!e LaBelte Park II Condo - Social Commi{tee. .... Chaizpez'soy~ Rosalle m=hseY1, Betty Sogge Haetyn Ha~:seY~, Liaison TO CITY COUNCIL JULY 22, 1996 *-Signed Waiver Form Accompanied Application APPROVED BY POLICE DEPT. 1996 BUSINESS LICENSE AGENDA SINGLE EVENT OFF SALE BEER 'LICENSED AT *Immaculate Conception Church 4030 Jackson Street c/o Jane A. Bona FEES 8/t0-11,t996 REQUEST FEES BE WAIVED POLICE DEPT. CARNIVAL RIDES *Fun Services 5617 Corvallis Ave. N. Crystal, Mn. 55429 4030 Jackson Street 8/10-11796 $100.00 BLDG. INSPECTOR II II Il II CONTRACTORS *Bredahl Plumbing *Plumbing Services *Doug Olson Plumbing 7916 - 73rd Ave. N. 1628 Hwy. 10 N.E. 931 N.E. 44th Ave. 40.00 40.00 4o.oo SAFETY & HEALTH, FIRE, BUILDING, ANOKA COUNTY HEALTH RESTAURANT Kentucky Fr~ed Chicken Co. 1900 Colonel Sanders Ln. Louisville, Ky. .490] Central Ave. N.E. 75.00 SAFETY & HEALTH, ANOKA COUNTY HEALTH ITINERANT FOOD CONCESSIONS Immaculate Conception Church C/O Jane Bona 4030 Jackson St. for Funfest 8/10-11/96 REQUEST FEES BE WAIVED POLICE DEPT. PUBLIC DANCE *Immaculate Conception Church c/o Jane Bona 4030 Jackson St. for Funfest 8/10-1'1/96 REQUEST FEES BE WAIVED POLICE DEPT. MASSAGE TttERAPY BUSINESS/THERAPIST *Lynette Sheryl Linder 3989 Central Ave., S. 575 Community Psychologists of Mn. $100.O0 $5oo.oo Kathryn Pepin License/Permit Clerk City of Columbia Heights 5cj0 40th Avenue N.E. Columbia Heights, M N 55421 Dear Ms. Peptn, Enclosed you wtll find the completed tlcen~e apptlcatlon~ for our annual Fun Fest at Immaculate Conception Church to be held August 10-11,1 996. We are also requesting that our license fees be waiYed. Thank you for your assistance in these matters. Sincerely, Jane A. Bona Co-Chairperson Fun I=est Committee DESC:R ]: F:"T ]: 0 i".l :L 0 :I. G F. Et',IE:RA L 20.1. 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L.E~Y/ME]D & MARY K:[T AND KABC)1:]DLE M ]:t'4NE:SOTA SHAI'<E:SF:'tEAF:.-'E MN ):)F. EF'T C'q::' MUE: ]:C WC)F[.'K~3/'Y'HE t".hB F:~-I" H STAR DCA :[NC,, F:' ]: R~.'];7' COMMUI"I :t: T Y CF;:ED ]: T U ]:SAt'~IT]: COUblTY F'AM]:t...Y St:ZR I,tCIRWE:ST BANK -F:'AYROLI.. A 60182 60,11.83 60:f. 84 60:t. 85 60].86 60187 60 .1. 88 60 .1.89 60,1.90 60:L9]. 60192 60].93 60.1.94 60 t 95 60:1.96 60,1.97 60.1.98 60.I. 99 60200 60201 60202. 60203 602()4 60205 60206 6 ,"~ ".) 07 60209 602:1.0 602 .1..1. 60212 602:t. 3 ~0214 ~02 .1. 5 602].6 .... ' .1. 7 60218 60219 60220 6022:L 60222 60223 60224 60225 60226 6022.7 60228 60229 CZ'FY OF COLUMB]:A I.-IIE..]:GHTS GL540R-V04.30 PAGE AMOUNT 47.05 .1. 03 ;, 458 ,, 02 ~:., ~ ~.:,.t. ,, 95 .1.37,, 26 1.1. 0 ,, ,1. 1 300.00 38 .1. ,, 22 179 ,, 95 8,322...'~4 675.00 400,,00 7, .1. 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JC'.TC]RS ASSIq ,, F:'I...E:XCOI"IP EEI'ISAT ].' 0 N :~ GOOD MD/ DIR GAF;.:Y GORGAN COMF'AI'-.IY GF;:E:ATlii]R AIqOKA CNT'Y, I--tUMAIq GF;,'Z (3(_-'I,S-.C~:OOPEiR & CO I.-I I.:.': ]: I,fTZ/E:I. JSEB Z US I--I]:I...I...E:R [.';'Ot"IME:I-~C]:AI... FI...OORS I-.I01... ]: DAY ~-3'¥A'T Z oIq ]:I,I.'C, USTF;:ZAL. DO.OF;: CO i'I',IC :[ F:'C F:'I:;,' ]: blt ]: NG J ]: NI) R A/'F'A TF;: ]: C Z A aOHNSON DF;.'OS, I....T..QI..JOF;: CO. JOHt'-ISON PAF:'I:'i:R & SL.IF:'F'I...Y C': 60230 I , z. 4 .... 00 6023 IL 609 ,, 00 '~r ,, 00 60232 602:3;4 ]. ,, 6023 5 4 / , 6( ..~= ........ .) ,:. ,.~ 6 ,~ 78.86 "~7q'7 60.~: ..... 17 ,, 86 6,. ~:.o~ 167 ,, 18 60239 50.00 60240 3 ,, 3.~4 ,, 00 60241 946 ,, 68 60]:::4~] 33 ,, 90 6();~43 80 ,, 00 60244 234,,27 6024 .... ' '~':i 60246 ,.a i>F~ 53 60247 184 ,, 68 60248 200.00 087 00 60249 11.. ,, 60250 .... 'q 44 602':i ..... ~ .I. 5~3 ,, 20 ~,. <. o~:. 160 ,, 41 602 53 420 ,, O0 60254 '" Z ':' 60255 8 ...... 7:~ '":. 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F:'F;.'. ]: ).')l...tii: Y SA(3tZ F:'UBL.:[ CAT :[ c:. :" .: ....... . .:' ::' , ]: I',{C/DC)}".t ,., I,,E..l.t...t'l['..l, (3LJl"I~c: 'TF;<tEADWAY C';F;.'.AF:'H ]i C:,S ]...,~'-~ t I {'-t.:::, ,:.~ ..... ,,.. 60278 92., 63 60'2]79 .t. 03 ,, 70 60280 3,1.. 20 6028.~ 5:I., 5:l. 3 ,, 23 60282 39.90 60283 C.~2 :l.. 78 60284 30 ,, 00 60285 :1.42 ,, 50 60286 66,247 ,, 00 60287 ]. 0 ,. 3:1. 60288 i, 999.86 60289 57 ,, 00 60290 :[09.20 60291 12 ,, 50 60292. 45.00 60?.93 22'., 969., 23 60294 :L, :[40 ,, :L7 602.95 2:3I ,, :l..1. 60296 `1. 5.1.. 60 60297 :L :1., 4-25.57 60298 3, :L70 .. 49 60299 37 ,, 4.9 60300 97 ,, 45 6030 :L 25 ,, 00 60302 3.1. 8., 70 60T:;0:3 2:70 ,, 60 60304 :L 00 ,. 00 60:305 4,2.76 ,, :l. 0 60306 5.33 ~()307 60 ,, 00 60308 :k :L :[ ,, 50 60L309 ~. 49 ,, 2'.~. 603:1.0 3,040,58 6031:1. ~., 604-. 7~. 60:3 :I. 2 92., 45 60:31. :~; 3,2..1.4,, 12. 60314 1t3.84 60:~ ~. ~,~ 6`1.7 ,, 00 60316 1, :L45.85 60317 97,912..06 CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 4 CITY MANAGER'S APPROVAL~f/ ~ NO.: 4.A. 12) / / , ? Attached is a letter from Ruth Graham, 625 47th Avenue N.E., with her request to conduct a block party/neighborhood crime watch meeting on Tuesday, August 6, 1996, (National Night Out) from 6:00 PM - 9:00 PM, with a barricade for the cul-de-sac only at the end of 47th Avenue, west from Monroe St. to the top of the hill. RECOMUfENDED MOTION: Move to approve request of Ruth Graham of 625 47th Avenue N.E. to barricade the cul-de-sac only at the end of 47th Avenue, west from Monroe St. to the top of the hill for their annual block party/crime watch meeting from 6 PM to 9 PM on August 6, 1996, National Night Out). COUNCIL ACTION: Ruth Wiley Graham 625 47rix AYenue N.E. Columbia Heights, MN 55421-2364 BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED REQUESTOR'S NAME: / REQUESTOR' S ADDRESS: DATE OF EVENT: TIME STREET SHOULD BE BLOCKED: STREETS THAT SHOULD BE BLOCKED: NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETURNED TO THE OFFICE OF THE CITY MANAGER, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. CITY COUNCIL MEETINGS ARE HELD 'ITIE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. IF YOU HAVE QUESTIONS, PLEASE CONTACT THECITYMANAGER'S SECRETARY AT 782-2810. BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED REQUESTOR' S NAME: REQUESTOR'S ADDRESS: DATE OF EVENT: TIME STREET SHOULD BE BLOCKED: (~' STREETS THAT SHOULD BE BLOCKED: NOTE: (ATTACH MAP IF NECESSARY) 7/4 THIS FORM MUST BE SIGNED AND RETURNED TO THE OFFICE OF THE CITY MANAGER, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. CITY COUNCIL MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. IF YOUHAVEQUESTIONS, PLEASE CONTACT THECITYMANAGER'S SECRETARY AT 782-2810. **** NATIONAL NIGHT OUT ~ROCLAMATION **** WHEREAS: The National Night Out Association is sponsoring a special coast-to-coast community crime prevention project on the evening of August 6, 1996 called "National Night Out"; and It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime in our neighborhoods; and WHEREAS: "National Night Out" provides an opportunity for Columbia Heights to join together with thousands fo other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHEREAS: Neighborhood spirit and cooperation is the theme of the "National Night Out" project and is also the key ingredient in helping the Columbia Heights Police Department fight crime. NOW, THEREFORE, I, Joseph Sturdevant, Mayor of the City of Columbia Heights, do hereby call upon all the citizens of our community to join the Columbia Heights Police Department in supporting and participating in "National Night Out" on Tuesday, August 6, 1996. FURTHER, LET IT BE RESOLVED, that I hereby proclaim Tuesday, August 6, 1996, as "NATIONAL NIGHT OUT" in Columbia Heights. Mayor Joseph Sturdevant August 1996 CITY COUNCIL LETTER MeelSng of: JuN 22, 1996 AGENDA SECTION: PUBL I C HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~2 Fire ITEM: R e-establish Hearing Date BY: Lowell DeMars License Revocation, Rental Pmperty¢ k NO: · , DATE: July 17, 1996 DATE: Previously, the City Council established a hearing date of July 22, 1996 for revocation or suspension of a license to operate a rental property for Bette Scott regarding her rental property at 4518 Monroe Street NE. An extension of time is necessary and a new hearing date of August 12, 1996 is requested for this property. RECOMMENDED MOTION: Move to Re-establish a Hearing Date of August 12, 1996 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Bette Scott Regarding her Rental Property at 4518 Monroe Street NE. 96-111 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6 CITY MANAGER'S APPROVAL W/ ~ / AN ORDINANCE CALLING FOR THE DATE: 7-19-96 DATE:7/./-/ ~/ NO.: ~ . ' The City Council has been reviewing the issue of whether the City should remain a home rule city un~er its charter or abandon the charter and operate as a statutory city. The City Charter was put in place in 1921 when the City was organized. The Charter defines the organization of the City government, the powers available to the City, and the respons!bitities of the princlpa~!y elected and appointed officials. The Charter can be amended either through an ordinance by the Council or by majority vote of the citizens. The other form of city government, is that afforded by the State Statutes. If a city does not have a home rule charter, the Ci5y is governed by Chapter 412 of the State Statutes and is referred to as a statutory city. Many of the powers and responsibilities provided for in the Charter are available to a statutory city. A number of items in the City's Charter are superseded by State Statute. The comparison of the two prepared by the City Attorney would indicate that there are on±y uwo major items in the Charter that are not available in statutes. These are: - Initiative, Referendum, and Recall The Charter provides the citizens of Columbia Heights with the power to. init!ate ordinances or resolutions, forces the reconsideration by the City Council of any ordinance or resolution passed by the Council, or to remove any elected official from office, through a petition process that forces the issue to be placed on the ballot. State Statutes does not provide this power to the citizens of a statutory city. There does appear to be a movement in the State Legislature to provide these powers. - Mayoral Control of the Police Department The City Charter provides the City Manager with the responsibility to control and direct the administration of the City, with exception of the Police Department, which is under the sole control of the Mayor. As almost all of the provisions of the City Charter are covered by or superseded by provisions of the State Statutes, the City CounciI has expressed the desire to place the issue of abandoning the Charter for statutory rule on the upcoming general election ballot. The place the question on the ballot, the attached ordinance must be passed. The ordinance proposing abandonment of the Charter is then submitted to the Charter Commission for review, wi%h the commission having 60 days to_,ei~her ~proye.pr reject the proposal. Upon receipt of the Commission's recommendatmon, une uounc~± suDm!us the issue to the voters. If 51% of the votes cast on the proposal favor abandonment, the Charter is considered abandoned thirty days from the date of election, or as otherwise provided for in the proposal. The City wouid then operate under the statute. The first reading of this ordinance was held on Mai 28, 1996. ~ joint work session with the City Council and Charter Commission members was held on June 5 ~996, to discuss the issue. The second reading of the ordinance, held on June 10, 1996, was tabled for further consideration. Since the tabling of the second reading, the Charter Commission has met on June 26th and again on July 18th. Charter Commission voted unanimously at their June 26th meeting that: iie they oppose the abolition of the City Charter, the process should be abandoned, and the matter should not be placed on the ballot. At the July 18th meeting, the Charter Commission again reiterated their discussions from the previous meetings and reinforced the above three items. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Reconsider Ordinance No. 1328, an Ordinance Calling for the Abandonment of the City Charter. COUNCIL ACTION: ORDINANCE NO. 1328 AN ORDINANCE OF THE CITY OF COLUMBIA HEIGHTS RELATING TO THE ABANDONMENT OF THE COLUMBIA HEIGHTS CITY CHARTER The Citv of Columbia Heights does ordain: Section t: That the City Council of the City of Columbia Heights hereby proposes the abandonment of the Columbia Heights City Charter. Section 2: That the abandonment of the City Charter shall be completed in compliance with Minnesota Statute 410.12, Subd. 5. Section 3: That the City Council shall submit this proposed ordinance to the Charter Commission. Section 4: That within sixty (60) days after submission by the Council, the Charter Commission shall review the proposed abandonment and shall approve or reject the proposal. Section 5: That upon prompt notification of the Charter Commission's action, the Council shall submit the proposed abandonment to the people in the manner as provided by Minnesota Statute 410.12, Subd. 4. Section 6: That the City will select and operate as an Optional Plan Statutory City if the charter abandonment is approved by the City electors. Section 7: That this Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: May 28, t996 Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary C??Y COU~CTT, L~TER Meeting of:' June 10, 1996 . AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S :_ c TY mmm ER,S APPROVm NO ITEM: SECOND READING OF ORDINANCE NO. 1328, BY: M. WINSON BYTE~ AN ORDINANCE CALLIN~ FOR THE DATE: 6-5-96 DA ABANDONMENT OF THE CITY CHARTER . ,"7 The City Council has been reviewing the issue of whether the City should remain a home rule city under its charter or abandon the charter and operate as a statutory city. The City Charter was put in place in 1921 when the City was organized. The Charter defines the organization of the City goverrunent, the powers available to the City, and the responsibilities of the principally elected and appointed officials. The Charter can be amended either through an ordinance by the Council or by majority vote of the citizens. The other form of city government is that afforded by the State Statutes. If a city does not have a home rule charter, the City is governed by Chapter 412 of the State Statutes and is referred to as a statutory city. Many of the powers and responsibilities provided for in the Charter are available to a statutory city. A number of items in the City's Charter are superseded by State Statute. The attached comparison of the two prepared by the City Attorney would indicate that there are only two major items in the Charter that are not available in statutes. These are: Initiative, Referendum, and Recall The Charter provides the citizens of Columbia Heights with the power to initiate ordinances or resolutions, forces the reconsideration by the City Council of any ordinance or resolution passed by the Council, or to remove any elected official from office, through a petition process that forces the issue to be placed on the ballot. State Statutes does not provide this power to the citizens of a statutory city. There does appear to be a movement in the State Legislature to provide these powers. Mayoral control of the Police Department The City Charter provides the City Manager with the responsibility to control and direct the administration of the City, with exception of the Police Department, which is under the sole control of the Mayor. As almost all of the provisions of the City Charter are covered by or superseded by provisions of the State Statutes, the City Council has expressed the desire to place the issue of abandoning the Charter for statutory rule on the upcoming general election ballot. To place the question on the ballot, the attached ordinance must be passed. The ordinance proposing abandonment of the Charter is then submitted to the Charter Commission for review, with the commission having 60 days to either approve or reject the proposal. Upon receipt of the Commission's recommendation, the Council submits the issue to the voters. If 51% of the votes cast on the proposal favor abandonment, the Charter is considered abandoned thirty days from the date of election, or as otherwise provided for in the proposal. The City would then operate under the statute. The first reading was held on May 28, 1996. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1328, an Ordinance calling for the abandonment of the City Charter. COUNCIL ACTION: Meeting of: May 28,, 1996 AGENDA SECTION~ ITEMS FOR CONSIDERATION ORIGINATING DEPARTTIENT: CITY MANAGER'S NO: 7 Resolutions/Ordinances CITY MANAGER'S APPROVe_ ~ ~ ~ ITEM: FIRST READING OF ORDINANCE NO. 1328, BY: M. WINSON BY: AN ORDINANCE CALLING FOR THE DATE: 5-23-96 NO: ~~ OF THE CITY CHARTER The City Council has been reviewing the issue of whether the City should remain a home rule city under its charter or abandon the charter and operate as a statutory city. The City Charter was put in place in 1921 when the City was organized. The Charter defines the organization of the City government, the powers available to the City, and the responsibilities of the principally elected and appointed officials. The Charter can be amended either through an ordinance by the Council or by majority vote of the citizens. The other form of city government is that afforded by the State Statutes. If a city does not have a home rule charter, the City is governed by Chapter 412 of the State Statutes and is referred to as a statutory city. Many of the powers and responsibilities provided for in the Charter are available to a statutory city. A number of items in the City's Charter are superseded by State Statute. The attached comparison of the two prepared by the City Attorney would indicate that there are only two major items in the Charter that are not available in statutes. These are: - Initiative, Referendum, and Recall The Charter provides the citizens of Columbia Heights with the power to initiate ordinances or resolutions, forces the reconsideration by the City Council of any ordinance or resolution passed by the Council, or to remove any elected official from office, through a petition process that forces the issue to be placed on the ballot. State Statutes does not provide this power to the citizens of a statutory city. There does appear to be a movement in the State Legislature to provide these powers. - Mayoral control of the Police Department The City Charter provides the City Manager with the responsibility to control and direct the administration of the City, with exception of the Police Department, which is under the sole control of the Mayor. As almost all of the provisions 6f the City Charter are covered by or superseded by provisions of the State Statutes, the City Council has expressed the desire to place the issue of abandoning the Charter for statutory rule on the upcoming general election ballot. To place the question on the ballot, the attached ordinance must be passed. The ordinance proposing abandonment of the Charter is then submitted to the Charter Commission for review, with the commission having 60 days to either approve or reject the proposal. Upon receipt of the Commission's recommendation, the Council submits the issue to the voters. If 51% of the votes cast on the proposal favor abandonment, the Charter is considered abandoned thirty days from the date of election, or as otherwise provided for in the proposal. The City would then operate under the statute. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish June 10, 1996, at approximately 7:00 P.M. as the second reading of Ordinance No. 1328, an ordinance calling for the abandonment of the City Charter. COUNCIL ACTION: May 24, 1996 q_ , Mayor ~' ~ Joseph Sturdevant Councilrn~mber~ Donald G. Jolly Meg Jones Gary L. Peterso~i' Mark A. Winson Dear Charter Commission Member: The Council will be considering at their May 28, 1996, meeting an ordinance proposing abandonment of the City Charter. Should the Council approve this ordinance, the issue will be forwarded to the Charter Commission for review. As you are no doubt aware, the City and the Charter will celebrate its 75th anniversary this year. The Charter has served the needs of the City well over this time. Over the past several months, the Council has been reviewing the provisions of the Charter as they relate to the powers and responsibilities afforded by State Statute. Many of the provisions contained in the Charter are either matched or superseded by provisions of the State Statute. It would appear that the two most obvious differences are in the areas of initiative, referendum, and recall and control of the police department. The decision to start the process of putting the question as to whether the City should continue under home rule is not based on any dissatisfaction with the efforts of the Charter Commission. The Commission has tackled man), tough tasks over the years in order to protect the integrity of our Charter, while keeping it current with the changes that have occurred in governance and society. I suggest that during the review period specified by the attached ordinance, that the Commission and Council meet jointly to discuss the future of the City and its Charter. If you have any questions regarding the intentions and reasoning of the Council in starting this process of putting the Charter issue on the November ballot, please feel free to contact myself or other Councilmembers. Sincerely, Mayor cb 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, M-N 55421 PHONE (612) 782-2810 FAX (612) 782-2801 TDD (612) 782-2806 The City of Columbi~ He~hts does not discriminate on the boris of disability in employment or the provisio~ of se~ Equal Opportunity Employer CITY COUNCIL LETTER Meeting of : July 22, 1996 ITEMS FOR' CONSIDERATION AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO: r7 ASSESSING APPROVAL ITEM: RESOLUTION ORDERING AND LEVYING BY: JANE GLEASON AN IMPROVEMENT NO: rT. /Z~, /) DATE: JULY 15, 1996 ALLEY MID-BLOCK LIGHT 677-30 Attached is backup information and resolution ordering and levying an improvement for two alley mid-block lights between Heights Drive and Stinson Blvd. from 45th Avenue N.E. to Heights Drive. The proposal is to install the lights on the existing poles, between 2302 and 2308 Maiden Lane and between 4520 and 4524 Stinson Blvd, as shown on the attached sketch. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 9640 , being a Resolution Ordering and Levying two alley mid-block lights located on the existing poles between 2302 and 2308 Maiden Lane and between 4520 and 4524 Stinson Blvd, known as PIR 677-Area 30 - Project 9607. 677coun.let COUNCIL ACTION: R,E SOL UT, I ON ~, 96-5o Adopting assessment roll for the following local improvement and determining said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for mid-block alley light numbered 677-Area 30 - Project #9607. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 22nd day of July, 1996, in the City Council Chambers, 590 - 40th Avenue N.E., Colul~ia ~eights Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, 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 the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677- Area 30 - Project 9607 for mid-block alley lighting. 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 benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Northern States Power. Section 3. That the annual installment shall be paid in full without interest on or before September 15, 1997 {covering electric from date of placement through 1997), and in annual installments thereafter, as long as the mid- block light is in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered 677-Area 30 for mid-block alley lighting. Section 5. This resolution shall take effect immediately upon its passage. Passed this 22nd day of July, 1996. Offered by: Seconded by: Roll Call: Secretary to the Council Joseph Sturdevant, Mayor P.I.R. 677-30 COLUMBIA HEIGHTS PROJECT 9607 PROPOSED ALLEY LIGHTING HEIGHTS DRIVE TO STINSON BOULEVARD 45TH AVENUE N.E. TO HEIGHTS DRIVE CITY POLICY GENERAL LIGHTING PROGRAM Provide street lighting at each intersection, dead end or cul-de-sac, and at least every 400 feet on unintersected street segments. LIGHTING IN ADDITION TO GENERAL LIGHTING PROGRAM Permit property owners requesting additional lighting to set up a mid-block or alley lighting program. This consists of adding street or alley lights, generally to existing poles, and charging the cost as a property benefit. PROPOSAL INSTALL TWO (2) 100 WA'CI' HIGH PRESSURE SODIUM (HPS) LIGHTS BETWEEN 4520 AND 4524 STINSON BOULEVARD, AND BETWEEN 2302 AND 2308 MAIDEN LANE Current N.S.P. cost for two (2) 100 watt HPS lights * $270.00 * Costs are subject to increases due to electric rate adjustments by Northern States Power Co. as approved by the Minnesota Utility Services Commission. YEARLY COST PER ASSESSABLE FOOT $270.00 900 Assessable Feet = $0.30 Per Foot 45O9 4515 4521 4525 4531 4510 4514 4520 4524 4530 4534 4545 2228 2232 2302 2308 2314 4550 ESTIMATED ANNUAL PARCEL COST BENEFITTED ADDRESS FEET HEIGHTS DRIVE 50 HEIGHTS DRIVE 50 HEIGHTS DRIVE 50 HEIGHTS DRIVE 50 HEIGHTS DRIVE 50 STINSON BOULEVARD 50 STINSON BOULEVARD 50 STINSON BOULEVARD 50 STINSON BOULEVARD 50 STINSON BOULEVARD 50 STINSON BOULEVARD 50 COST/FOOT $0.30 $0.3o $0.30 $0.30 $o.3o $O.3O $O.3O $o.3o $o.3o $0.30 $0.30 HEIGHTS DRIVE 50 $0.30 MAIDEN LANE 50 $0.30 MAIDEN LANE 50 $0.30 MAIDEN LANE 50 $0.30 MAIDEN LANE 50 $0.30 MAIDEN LANE 50 $0.30 STINSON BOULEVARD 5,,~0 $0.30 TOTAL 900 PARCEL CHARGE $15.00 $15.00 $15.00 $15.00 $15.oo $15.00 $15.00 $15.oo $15.00 $15.00 $15.00 $15.00 $15.oo $15.00 $15.00 $15.00 $15.00 15.oo $270.00 PETITION We the undersigned petition the City Council of Columbia Heights to install two 100 watt HPS street light in the alley. The light will be installed on the pole between 2302 and 2308 Maiden Lane and on the pole between 4520 and 4524 Stinson Blvd. We understand that we will be assessed annually for the light. The current cost is approximately $15. O0 per property per year. This cost will increase with increases in the electric rate. INSTALL NAME ADDRESS LIGHT DO NOT INSTALL LIGHT CITY COUNCIL LETTER Meeting of: July 22, 1996 AGENDA SECTION: ITEMS FOR CONS I DERATI ON ORIGINATING DEPARTMENT: CITY MANAGER B 1 D CONS t DERATt ON AaoPROVAJ., NO: '~ Fire ~ Refurbishment-1977 Ford 9000 Fire Truck /.,/_ NO: '-'~, /~ , / ) DATE: July 16, 1996 DATE:"~//,F,/~' On April 15, t996, the City Council authorized staff to seek bids for the refurbishment of a 1977 Ford 9000 fire truck. Notice for Bids was published on May 2, 1996. Specifications were sent out to five vendors. Three bids were recieved for the bid opening on Tuesday, May 28, 1996. A Bid Tabulation is attached. The Fire Department has budgeted funds in the 1996 Capital Equipment Replacement Fund for this project. RECOMMENDED MOTION: Move to Authorize Staff to Award the Truck Refurbishment Project to General Safety Equipment of Wyoming, Minnesota Based upon their Low, Qualified Responsible Bid in the Amount of $91,565 with Funds to be Appropriated from the 1996 Capital Equipment Replacement Fund; and furthermore, to Authorize the Mayor and City Manager to Enter into a Con~act for Same. 96-107 Attachment COUNCIL ACTION: City of Columbia Heights Fire Department BID TABULATION Fke Truck Refurbishment Bid Bid Credit Total Bid Bidder Security Amount Option Amount General Safety Equipment 25900 Fallbrook Avenue Bid Bond $ 92,765 ($ 1,200) $ 91,565 Wyoming, MN 55092 Toyne, Inc. 6625 Gettysburg 'Avenue N. Bid Bond $121,000 N/A $121,000 Brooklyn Park, MN 55428 Emergitek Corp. 601 South County Rd 10 Cashier's $ 82,500 N/A $ 82,500 Watertown, MN 55388 Check NOTE: Emergitek Corp. is not a full-time f'zre apparatus manufacturer as stipulated in our Specification (See Page 1, Reliability of Contractor) CITY COUNCIL LETTER Meeting of: 7/22/96 AGENDA SECTION: I T EMS FOR CONS I DERATI ON ORIGINATING DEPARTMEN'[: ~?/~A/~ B I D CONS I DERAT1 ON PUBLIC WORKS t\ -z ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: M. Winson BY: NO. LABELLE PARK EAST BANK EROSION DATE: 7/15/96 ~, DATE: ?Zo///~/. CONTROL AND PROPERTY LINE SURVEY In August of 1995, the City Council abandoned the joint erosion control project with the property owners on Circle Terrace. The Council directed staff to continue with a modified project of tree clearing and work on the slope to reduce erosion; specifically, plantings in bare ground areas and riprap in localized areas of high runoff. The tree clearing work has been completed. The locations where erosion control is needed have been identified. Staff is requesting authorization to seek bids for the erosion control work. Staff is also requesting authorization to seek quotes for a property line survey along the east bank to firmly establish the limit of the erosion control work. The latter work is also needed to work with owners on solving erosion problems on their property. RECOMMENDED MOTION: Move to authorize staff to seek bids for erosion control on the East Bank of LaBelle Park. RECOMMENDED MOTION: Move to authorize staff to seek quotes to survey the property line along the East Bank of LaBelle Park. MAW:jb 96-301 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/22/96 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATINGDEPARTMENT: ClTYMANAGER NO' ,-~ BID CONSIDERATION PUBLiCWORKS /~//} · NO. HIGH CAPACITY MOWER The 1996 adopted budget includes $55,000 in the Capital Equipment Replacement Fund to replace Unit #216, a 1988 Toro Groundsmaster. In June, the Parks maintenance staff had the opportunity to use demonstrator models from two manufacturers. The models tried were a 1996 Toro Groundsmaster 580-D and a 1996 Howard Price Hydro-power/80. Based on these demonstrations, the staff felt the Toro was a better machine. Specifications were prepared by staff based on the capabilities of the Toro equipment. Bid documents and specifications were sent to the local Toro dealership, a Toro dealership outside of the area and the Howard Price dealership. Bids were received and opened on July 12th. The bid tabulation is attached. The Howard Price bid for a 16.5' wide mower does not meet the specifications in several areas. Most of these variations are minor. The major variations are: Specifications ask for out board cutting units to be located forward of the operator, the Howard Price model has the units just slightly behind the operator. This reduces visibility and can hamper operation. Specifications ask for a maximum 18" uncut area when circling a stationary object. The Howard Price model leaves a 60" uncut area. This would affect the productivity of the machine. Based on conversations staff has had with other users, maintenance and repair of both units by local distributors is readily available. The Howard Price model has only been in production for the past few years. Overall, staff feels the Toro model is a better machine and would recommend its purchase. RECOMMENDED MOTION: Move to award the purchase of a 1996 Toro Groundsmaster 580-D mower to MTI, based on their low responsible bid in the amount of $60,217.00 plus tax, being the base bid with trade-in and the cab option and with funds to be appropriated from Fund 431-45200-5150; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MAW:jb 96-302 COUNCIL ACTION: Cq 0 0 0 0 CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ o ~ ~ o o 0 0 0 0 0 0 © _o - /z -i- _ -ri r- © -< W 0 0 o~ LO 0 0 0 0 CD C) 0 0 o 0 o 0 0 0 (DO ~0 0 0 0 0 0 o 0 0 0 o o 0 0 (DO ~o 0 0 0 o 0 0 0 0 0 CITY COUNCIL LETTER Meeting off 7/22/96 AGENDA SECTION: I TEHS FOR CONS 1 DERATt ON ORIGINATING DEPARTMENT: CITY MANAGER NO. '-7 Other Busl ness PUBLIC WORKS ITEM: LEASING OF WATER TOWER SITE BY: M. Winson BY: NO. FOR COMMUNICATION ANTENNAS_ 'N DATE: 7/16/96 DATE: -7. C./ ) The City has been negotiating with SBA, Inc. representing Sprint Spectrum L.P., with regard to leasing space on the City Water Tower for a PCS antenna facility. PCS is the next generation of cellular technology. PCS provides digital signal, an improvement to the current analog technology. It is estimated that over 200 antenna locations will be needed in the metro area. Sprint Spectrum has been granted one of the first licenses to provide this service in the metro area. It has been indicated that other licenses will be granted for this service and other wireless communication services over the next few years. The main points of the lease are: Initial Annual Rent- $15,000 Annual Escalator on Rent - 5% or C.P.I. (whichever is greater) Initial Term - 5 years Renewal Term - 4 additional 5-year terms Under the lease, Sprint would be able to install up to 12 antenna elements on top of the tower (see attached photo simulation), along with an equipment building on the ground and connecting equipment. The equipment building would be approximately 12' by 12' in a 300 square foot fenced area. Sprint would be responsible for all maintenance of their equipment and for removal of the equipment if work needs to be done on the tower. The tenant would be able to assign its rights under this lease to its parents, affiliates, subsidiaries or any entity that acquires it. The rent amount of $15,000 per year initially is above the current $10,000 to $12,000 per year that other cities have received. The lease provides for a system of priorities that will allow the City and other governmental entities the ability to continue to use the tower for communications purposes. The staff feels that by leasing the site the City will gain another form of revenue with minimum impact. Staff recommends that the Council consider dedicating all or a portion of the revenue from this lease to the Water Capital Improvement Fund. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a lease agreement with Sprint Spectrum, L.P. for use of the water tower for a PCS antenna facility. MAW:jb }6-304 COUNCIL ACTION: COLUMBIA HEIGHTS CHARTER COMMISSION MEETING WEDNESDAY, JUNE 26, 1996 8:00 P.M. MATHAIRE/MCKENNA ROOM, MURZYN HALL Call to Order The meeting was called to order by Chairperson Schmidt at 8:05 p.m. Roll Call The Chairperson introduced Janis Larson who was recently appointed to serve on the Charter Commission. Members Present: Antzaras, Landwehr, Mihalchick, Nawrocki, Olson, Roberts, Schmidt, Synowczynski, Tilkens, Verbrugge, Yencho, Murzyn, Larson and Kronstedt. City Attorney Hoeft was also present at the meeting. Excused Absence: Wodziak Purpose of the Meeting To discuss the results of the June 5, 1996 Joint Meeting with the City Council regarding abandonment of the City Charter. Correspondence A memo was received from Mayor Sturdevant inquiring if the Charter Commission feels there are any compelling reasons for the City to continue under a home rule charter rather than becoming a statutory city. He cited four items on which the City Charter and the state statutes differ and requested Charter Commission members consider them when deliberating. The four items are as follows: 1) availability to the citizens of referendum, recall and initiative; 2) mayoral control of the Police Department; 3) the need for a referendum for major general obligation bonds; and, 4) the need to continuously review, and as necessary, amend the Charter to meet the changes in the law and the needs of the community. Councilmember Ruettimann also sent a memo to Charter Commission members for them to consider how the Charter could be amended to allow the creation of a Public Safety Division. In his memo, Councilmember Ruettimann requested Charter Co~mission members to keep in mind that if such a Division were created, the employees of the Police and Fire Departments would need to be responsible to one position, be it the Mayor or the City Manager. CHARTER COMMISSION MEETING JUNE 26, 1996 PAGE 2 Commissioner Mihalchick felt the questions posed by Mayor Sturdevant need not be answered at this meeting particularly the one which addressed the establishment of a P~blic Safety Division. ~e 81so inquired'if the establishment of a Public Safety Division were dependent on the abandonment of the City Charter. Discussion of Abandonment of City Charter The City Attorney advised this matter can be brought to a public vote in the general election. The City Council can facilitate the process under state statute by adopting an ordinance to place the issue on the ballot. Another course of action could be for the City Council to replace the charter with a Plan B resulting in Columbia Heights becoming a statutory city which would place all city departments under the authority of the City Manager. Commissioner Nawrocki recalled about two years ago the Charter Commission was requested to make a recommendation regarding the abandonment of the City Charter. After some discussion at that time, the Charter Commission voted to not consider abandonment. He noted that the recall, referendum and initiative features would not remain available to residents if the Charter were abandoned. Commissioner Nawrocki also addressed information regarding home rule charter cities and statutory cities he had received from a League of Minnesota Cities' attorney and a National League of Cities' counsel. In Minnesota there are 748 statutory cities with Plan A, Plan B or a Statutory Plan and 107 home rule charter cities. He noted that most of the larger cities in Minnesota are home rule charter cities. Commissioner Tilkens agreed that the features of recall, referendum and initiative are significant. She has been contacted by some residents who stated their support for retaining the Charter. She referred to a February 1995 memo from the City Attorney which identified the Charter as a "local constitution.- Commissioner Olson also has received calls which were supportive of retaining the City Charter. He is supportive of keeping the Charter as it maintains the opportunity for control and recourse. Commissioners Roberts and Landwehr agreed the Charter should be kept. Commissioner Kronstedt observed that if the Charter is abandoned it may be difficult, if not impossible, to get it back. He expressed a concern that further options for local control and citizen input may be eroded CHARTER COMMISSION MEETING JUNE 26, 1996 PAGE 3 Commissioner Verbrugge inquired of the City Attorney as to the options regarding this matter. City Attorney Hoeft responded the Commission could choose not to consider the question of abandonment (although the Council could still not place the matter on the ba~]ot)~ make no recommendation or make a recommendation. The timing for this issue commences sixty days from the first reading of the ordinance. Commissioner Nawrocki felt it would be appropriate to hold a public hearing. Commissioner Verbrugge feels the process should be abandoned and the matter should not be put on the ballot. He also felt if the Charter Commission were to recommend keeping the charter, there should be an annual joint meeting of the City Council and the Charter Commission to discuss the Charter. Commissioner Mihalchick felt the annual meeting was appropriate and suggested there also be an annual public hearing. Commissioner Mihalchick observed there appears to be general agreement that the first and fourth points in the Mayor's memo (referendum, recall and initiative and review and possible amending of the Charter) are issues which members of the Charter Commission feel merit discussion. The second and third points (mayoral control of the Police Department and referendum for major general obligation bonds) do not have the same priority. The City Attorney had advised control of the Police Department and creation of a Public Service Division could be accomplished with a Charter amendment. He cited the experience of Fridley in establishing a Public Safety Department. Commissioner Nawrocki mentioned the situation in Fridley which led to creating the Department. He noted that the current Columbia Heights Charter has provisions to create this department but does not address who appoints the Public Safety Director. Commissioner Roberts referred to a petition being circulated to move the Police Department from the Mayor's control to a Public Service Commission. Commissioner Nawrocki had a copy of the petition and read a portion of it which addressed the abolition of the Civil Service Commission. Referring back to the purpose of the meeting, Chairperson Schmidt stated his support in having the City Council send to the Charter Commission a list of what it wants from the Commission. Commissioner Verbrugge stated the Charter can be amended to place the Police and Fire Departments under the perview of the Chief Administrator. He felt this matter is a policy issue and not a charter issue. He is of the opinion that another 60/70 thousand dollar position is not needed nor is another layer of management. CHARTER COMMISSION MEETING JUNE 26, 1996 PAGE 4 Commissioner Antzaras questioned why'the Police Department appears to be a problem area now when it.hadn't been in the past. He was in favor of keeping the Charter. The City Attorney noted that the Council can now make changes to the Charter without waiting for a recommendation from the Charter Commission. He felt that all the City Council is requesting is the position of the Charter Commission relative to the future of the Charter. It was also stated that a charter change can only be done by a 5-0 vote of the City Council. If this is not the vote, the issue then is placed on the ballot. Motion by Commissioner Landwehr, second by Commissioner Tilkens to vote on the future of the City Charter. Roll call: All ayes Motion by Commissioner Verbrugge, second byCommissioner Roberts to advise the City Council that the Charter Commission opposes the abolition of the City Charter, the process should be abandoned and the matter should not be placed on the ballot. Roll call: All ayes Motion by Commissioner Mihalchick, second by Commissioner Landwehr to indicate to the City Council the following: 1) The Charter Commission members' willingness to meet with the City Council to discuss charter changes; 2) The interest of Charter Commission members to establish communication between the two bodies, one occasion being an annual meeting to discuss goal setting and matters of mutual interest; and, 3) The Charter Commission's position in welcoming and encouraging requests from the City Council and others regarding issues being directed to it for consideration Roll call: Ail ayes Commissioner Nawrocki inquired why members of the City Council have not been receiving the minutes of the Charter Commission meetings. No one was present who could answer this. Chairperson Schmidt suggested that members of the City Council be invited to attend the Charter Commission meeting scheduled for July 18th at 6:00 p.m. He requested this meeting be held in the Council Chambers in City Hall. Commissioner Tilkens inquired what response is being made to Councilmember Ruettimann's memo regarding amending the Charter for establishing a Public Safety Division. CHARTER COMMISSION MEETING JUNE 26, 1996 PAGE 5 The City Attorney was requested to draft language for this response to be considered at the July 18th meeting. ADJO~NMENT Motion by Commissioner Tilkens, second by Chairperson Schmidt to adjourn the Charter Commission Meeting at 9:15 p.m. Roll call: All ayes Respectfully submitted, //Jo-Anne Student ~/ Recording Secretary Pro-Tem City of Columbia Heights Park and Recreation Commission Jnne 26, 1996 The meeting was called to order by Dick Petkoff at 6:20 p.m. ROLL CALL Members present: Absent: Also present: Dick Petkoff, Bob Ruettimann, Eileen Evans, Jerry Foss, Gary Peterson, Bruce Magnuson, Randy Quale Mark Winson, Public Works Director/City Engineer Lauren McClanahan, Public Works Superintendent; Matthew Brinza, Park Intern; Jon Gurban, Executive Director of the Minnesota Recreation and Park Association CONSENT AGENDA The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve the minutes of the May 22, 1996 meeting. APPROVAL PAYMENT OF BILLS Move to approve payment of bills as listed from the proper funds. APPROVAL OF CONSENT AGENDA Motion by Peterson, second by Magnuson to approve the Consent Agenda. All ayes, motion carried. LETTERS AND REQUESTS REQUEST USE OF SENIOR/OSTRANDER ROOM/COLUMBIA HEIGHTS SENIORS Members were given copies of a letter received from Karen Moeller, Senior Coordinator requesting use of the Senior/Ostrander rooms 7:00 p.m. Tuesday, July 30, 1996 to 7:00 a.m. on Wednesday, July 31, 1996 for a slumber party. Motion by Peterson, second by Magnuson. All ayes, motion carried. PAGE 'IAVO ~ REQUEST USE OF HALL & KITCHEN/COLUMBIA HEIGHTS WOMEN OF TODAY Members were given copies of a letter received from Bobble Jean KnealJng of Columbia Heights Women of Today requesting us of main hall and kitchen for membership night/socials for July 16, August 21, September 26, October 24, November 19 and December 12, 1996. Motion by Peterson, second by Magnuson to approve use of main hall and kitchen. All ayes, motion carried. REQUEST USE OF SENIOR/OSTRANDER ROOM/COLUMBIA HEIGHTS DAY CARE ASSOCIATION Members were given copies of a letter received from Tammy Sperr of Columbia Heights Day Care Association requesting the use of Senior/Ostrander Room for meetings every second Monday of the month, except for December, from 6:30 to 9:00 p.m. for 1996/97. Motion by Peterson, second by Magnuson to approve use of Senior/Ostrander Room. All ayes, motion carried. OLD BUSINESS MULTI-USE CENTER PROJECT Jon Gurban, Executive Director of the Minnesota Recreation and ParkAssociation gave a presentation on how to promote a successful bond referendum and on public/private facility partnerships. He also explained the importance of timing for a successful referendum. The need for a future special meeting with Mr. Gurban was agreed upon to discuss the promotion of a referendum in Columbia Heights. PARK AND RECREATION SURVEY Each Commission Member received a draft copy of the Park & Recreation Survey report. The Recreation Director provided a summary of the survey report. The survey report will be discussed in greater detail at the July meeting. PARK STUDY Lauren introduced Matt Brinza and explained his position and duties as a Park Intern. Matt gave a short report on his background and what his plans are for the study of the City parks. PAGE THREE WADING POOL MAINTENANCE Lauren spoke about the schedule and that the repairs are on schedule and feels that they should open by mid July. Jerry Foss was concerned about the dollars spent and where they were coming from. Lauren also explained that the State will be more involved in overseeing the pools in the future and the pools will have to be completely renovated or they will not be able to be open for operation. YOUTH INITIATIVE GRANT A task force is in place to oversee the $64,764.00 state grant available to Columbia Heights for youth after-school and weekend enrichment programs. It is proposed that Julie Dehmer be the program coordinator and that the City be the fiscal agent for the grant. The youth initiative program will be known in the future as the CHASE program (Columbia Heights After School Enrichment). REVISED CUSTODIAN II JOB DESCRIPTION Commission members were give a revised copy of the job description for the Custodian II (Caretaker) position for review. A new Custodian II should be hired immediately due to a shortage of workers. The Commission agreed that the revised job description reflects the duties and responsibilities of the position. NEW BUSINESS REPLACEMENT OF PADDED STACKING CHAIRS Commission members were given a memo from Karen Moeller, Senior Citizen Coordinator regarding the substandard condition of the stacking chairs in the Senior Center. The Commission members were shown a typical stacking chair and the chair's substandard condition was demonstrated. Dick Petkoff suggested getting folding chairs with padded seats and backs. Bob Ruettimann suggested that Randy Quale speak to Mark Winson and have this recommendation put on the next Council's work session agenda. REPLACEMENT OF DAMAGED ROUND 8' TABLE Randy Quale explained that a corner had collapsed on one of the round tables but was unknown how it happened. Eileen Evans suggested that it may be more feasible to go with rectangular as opposed to round tables. Commission agreed to replace the damaged round table with an existing rectangular table. PAGE FOUR 1996 MURZYN HALL CAPITAL OUTLAY PROdECTS Randy commented on how nice the Senior Center floor looks with the new carpet and tile. The newly refinished wood floor in the main hall also looks nice. Commission instructed Randy Quale to write a letter of commendation to Bill Antzaras for his fine work refinishing the wood floor. The installation of a single door on the west side of the building for easier access for caterers was also discussed. GOOSE CONTROL AT LABELLE PARI~ Lauren explained that goose control services have been put in the budget to address this ongoing problem. REPORTS RECREATION DIRECTOR The Recreation Director discussed Back-to-the-Park program and the success of the program. Participation numbers have nearly doubled from last year. PUBLIC WORKS DIRECTOR The Public Works Superintendent reported that quotes have been received for new playground equipment for Ostrander/Gauvitte Parks and were close to the $30,000 which was budgeted. COMMISSION MEMBERS Jerry Foss inquired about moving caterer vehicles after unloading supplies. These vehicles block traffic utilizing the service drive around the west end of the building. Efleen Evans suggested installing a loading/unloading zone sign, and/or painting the curb yellow. Motion by Foss, second by Evans to adjourn at 8:45 p.m. All ayes, motion carried. P&RCOMM.MINJUN.96 MINUTES July 2, 1996 The meeting was called to order by President, Barbara Miller. Those present were: Pat Sowada, Barbara Miller, Nancy Hoium, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the June 4th meeting as mailed. The June 24th list of bills was reviewed. The July 2nd list of bills was reviewed. paid. The accounting was reviewed. It was moved, seconded and passed that they be paid. It was moved, seconded and passed that they also be Old Business: 1.) 2.) 4.) 5.) 6.) An update on the after school enrichment grant was presented. The application is in. Sue Perkins, a representative from the State, was at the last meeting answering questions and making recommendations. Sue suggested that the City apply for the full amount of the grant and under the budget column fill in "to be determined". Many details still need to be worked out, and the Board will be updated as necessary. The current status of the part-time staff was presented. Three additional pages have been hired and wilt begin training on July 12. They are Samantha Pace, Nicole Sobcinski, and Sarah Weber. The Board was reminded that the next Board meeting date will be on July 30, 1996, at 7:00 p.m. at the library. A report on the outcome of the annual book sale was presented. The Friends collected $726.65 and the library $385.90. The new City Manager, Walt Fehst, will start on July 8.' It was decided to invite him to the September Board meeting to meet the Board and become familiar with how the library functions. The Board discussed the library's participation in the Jamboree Parade. The reception from the crowd was very positive, however the heat of the day made marching very uncomfortable. The bookmarks were a big hit and the Board preferred giving those out compared to stickers. New Business: 1.) Crossover statistics were reviewed. 2.) A new phone renewal system went into effect on June 24. It requires the use of a touchtone phone. There are many problems that have to be worked out. These problems have been referred to DRA. 3.) The thermostat in the adult reading room was replaced by Honeywell. 4.) The Library Director requested that the Board consider what they might like to do with the $200 that is budgeted for the Board recognition dinner. There being no further business the meeting w. as adjourned. Respectfully submitted, J~'anine 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 City of Columbia Heights 'services, programs, and activities. PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING OF JULY 9, 1996 MEMBERS Martaine Szurek, Chair Jar~s Fowler Russ Paul~on Gary Peterson Gary Larson The Planning and Zoning Commission meeting of July 9, 1996 was called to order by ChairPerson Szurek at 7:00 p.m. Members present were Fowler, Paulson, Peterson and Szurek. Commissioner Larson was not in attendance. Aisc present were Tine Goodroad (Zoning Coordinator), Jim Hoeft (City Attorney) and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Peterson, seconded by Fowler, to approve the minutes from the Planning and Zoning Commission meeting of June 4, 1996 as presented in writing. Roll Call: All Ayes. Motion Carried. NEW BUSINESS: Public Hearing Special Purpose Fence Case #9607-33 Mary Niznik 3911 Jackson Street Columbia Heights, Mn. Ms. Goodroad presented the request of Ms. Niznik for permission to install a 3.5 (42") foot high wood board privacy fence along and inside the front property line of 3911 Jackson Street in addition to a six (6) foot high wood board fence along the south side of the house from the front corner extending toward the rear and connecting to an existing fence. Ms. Goodroad stated that the fence was installed without approvals or a building permit. The public hearing was opened by Chairperson Szurek. Mr. and Mrs. Niznik were present and stated that they were not aware that a permit was required nor that they needed special approval for privacy fence installation. They informed the Commission that they installed the fence up to the front sidewalk as the neighboring fence was that far forward. The public hearing was closed by Chairperson Szurek as no one else wished to speak regarding this case. Discussion was held regarding property lines. Ms. Goodroad explained that the City Engineering Department was at the site and were unable to locate any lot irons but located a front iron at 3907 Jackson Street, the lot to the south. The location of this iron indicates that the Niznik's fence is approximately two feet too far forward into the public right of way. The City Attorney stated that the Niznik's fence would be considered a non-conforming structure due to its location and, in a case where the City would need access for work in the public right-of-way and the fence was in the way, it would be removed at the expense of the homeowner and then required to be replaced in the proper location. 590 40TH AVENUE N.E, COLUMBIA HEIGHTS, MN 55421 PHONE (612) 782-2817 FAX: (612) 782-2857 TDD (612) 782-2806 The City of Columbia Heights does not discriminate on the basis of d~ability in emplbyment or the provision of services Equai Opportunity Emplbyer PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JULY 9, 1996 PAGE 2 The Niznik's understood and were receptive to this and agreed to accept these conditions. They did indicate that the fence would be lowered to 42 inches in height along the front property line. MOTION by Peterson, seconded by Paulson, to recommend to the City Council the approval of the request for a special purpose privacy fence provided the required building permit is obtained, the front fence is lowered to 42 inches in total height within thirty (30) days (August 8, 1996), and the landscaped area in front of the fence is maintained. Roll Call: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JULY 22, 1996 CITY COUNCIL AGENDA. B. Site Plan Review Case #9607-34 Rayco Construction 3801 N.E. 5th Street Ms. Goodroad informed the Commission that it appears that there is no one present to represent Rayco Construction and the site plan review request before them. It was her opinion that, due to the imcomplete information provided by Rayco for the site plan review, the request should be tabled until the August meeting. MOTION by Fowler, seconded by Paulson, to table the request of Rayco Construction until the August 6, 1996 Planning and Zoning Commission meeting to allow them to provide the required information to City Staff. Roll Call: All Ayes. Motion carried. Public Hearing Special Purpose Fence Case #9607-35 Jon Christianson 5045 Mulcare Drive Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Christianson for permission to install a seven (7) foot high wood board special purpose privacy fence along the west side of the house at 5045 Mulcare Drive from approximately the front of the house and extendin9 approximately thirty feet toward the rear of the lot. She stated that seven feet is the maximum height for a residential privacy fence in the rear yard. The required signature of consent has been obtained from the adjacent property owner. Chairperson Szurek opened the public hearing for discussion regarding this request. Mr. Christianson stated that he had located his property irons. No one else wished to speak regarding this request, therefore, the public hearing was closed. MOTION by Fowler, seconded by Paulson, to recommend to the City Council the approval of the seven foot high special purpose privacy fence as requested at 5045 Mulcare Drive provided the required building permit is obtained prior to the fence installation. Roll Call: All Ayes. Motion passes. *THIS ITEM TO APPEAR ON THE JUlY 22, 1996 CITY COUNCIL AGENDA. PLANNING AND ZONING COMMISSION RESULAR MEETING- MINUTES JULY 9, 1996 PAGE 3 Public Hearing Special Purpose Fence/Appeal Case #9607-36 Jeff Gregg 3843 Main Street Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Gregg for an appeal of an administrative decision by the Zoning Coo,dinator to require the proposed above ground swimming pool to be located within ten (10) feet of the north side property line of 3843 Main Street. She explained that Section 6.502(5) of the City Ordinance requires "No person shall build, situate or install a swimming pool within ten feet of any side or rear property line". Section 6.501(5) of the same Ordinance states "Any person denied a permit to build a swimming pool may appeal to the Planning and Zoning Commission". Ms. Goodroad directed the Commissioners attention to the site plan enclosed in the agenda packet indicating the location of the proposed pool situated within a few feet of the property line. She stated that the reason for the request is that the proposed location is the only viable site on the lot due to the location of a power line running down the center of the yard which restricts placement of the pool. She stated that the south portion of the rear yard is also limited because of a few large trees and a sidewalk that runs from the south side of the house to the garage. The pool will be enclosed by a six foot high fence so privacy and screening will be provided to the neighboring property. The request for permission to install a six foot high, non-climbable, wood, special purpose privacy fence in the north and side yard of 3843 Main Street is in conjunction with the installation of the swimming pool. Ms. Goodroad stated that if the swimming pool is denied, then there will be no need for the fence. The [ence is proposed to extend from the north front corner of the house to the north property line, extending along and inside the north property line forty-five feet and then across the rear yard to the rear corner of the deck. The reason for the fence is to fulfill the requirement that swimming pools be enclosed by a non-climbable fence with a self-closing, self- latching gate. Chairperson Szurek opened the public hearing. Mr. Gregg was present to state his case and explain that the power line and the large, mature trees on his lot limit the placement of the pooi to the proposed location which will be about two feet to the north lot line. He stated that his neighbor to the north had no problem with the proposal. No one else was present to speak regarding this case, therefore, Chairperson Szurek closed the public hearing. MOTION by Paulson, seconded by Peterson, to grant the appeal of Mr. Gregg to install a swimming pool in the proposed location at 3843 Main Street due to the hardship of the location of the power line and mature trees in the rear yard. Roll Call: Ail Ayes. Motion carried. MOTION by Paulson, seconded by Fowler, to recommend to the City Council the approval of the six foot high special purpose privacy fence as proposed for 3843 Main Street provided the fence has a self closing, self-latching gate as required in conjunction with swimming pool installations. Roll Call: All Ayes. Motion carried. *THIS FENCE ITEM TO APPEAR ON THE JULY 22, 1996 CITY COUNCIL AGENDA. 590 40TH,4 VENUE N.E, COLUMBIA HEIGHTS, MN 55421 PHONE (612) 782-2817 FAX: (612) 782-2857 TDD (612) 782-2806 PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JULY 9, 1996 PAGE 4 E. Site Plan Review Case #9607-37 Wagamon Bros. 3707 N.E. 3rd Street Ms. Goodroad presented the request of Wagamon Bros. for site plan review to allow the construction of a 32' x 66' addition to the north side of the south building located at 3707 N.E. 3rd Street. She informed the Commission that this structure is one of three buildings owned by Wagamon Bros. for their engine rebuilding business. There will be future additions proposed to the other two buildings in different phases, with this south building being phase one. The addition is proposed to add additional service bays. On the north side of the addition five doors will be installed to line up with two existing doors on the south end of the building and three additional doors that will be installed so that all five can be accessed at either end of the building. She explained that the additional service bays would enable them to store more vehicles inside the building while repair work is being done. Ms. Goodroad directed the Commissions attention to the site plan where four curb cuts are indicated at this site, two of which have a gate for security purposes. An existing seven foot high wire fence exists around the entire site. Due to screening requirement of the Zoning Ordinance, Ms. Goodroad stated that the portion of the fence along 3rd Street abutting a residential zoning district will require filter strips to be installed. She stated that the company representative has agreed to comply with this requirement. She informed the Commission that, with this addition, this building will total 8,600 square feet which would require, at the minimum, fourteen parking spaces. Parking at this site runs along the building on the 3rd Street side which totals eight spaces and another 24 spaces on the 37th Avenue side. A lot across from the building on 3rd Street is also owned by Wagamon Bros. where employees park. Ms. Goodroad stated that since this building is one of three that are connected by the parking lots, additional parking would be available. For this addition to the south building only, all necessary parking will be provided. She informed the Commission that all driving and parking areas are of hard surfaced material. Ms. Goodroad informed the Commission that this item was received after the agenda had been mailed. The site plan has been reviewed by the Fire Department 9ranting their approval. The City Engineering Department has not yet submitted their findings regarding their review. Robert Ruettimann was present representing Wagamon Bros. and presented photographs of the site and the south building in question. He also pointed out to the Commission on the site plan that the alley abutting Highway 47, or University Avenue, has been or is in the process of being vacated by the City to be added to the Wagamon properties. He informed the Commission that Wagamon Bros. are very busy and that the addition would allow more work to be done on more vehicles at the same time when removing engines and reinstalling new ones are involved. PLANNING ANO ZONING COMMISSION REGULAR MEETING - M~NUTES JULY 9, 1996 MOTION by Fowler, seconded by Paulson, to approve the site plan to allow the 32' x 66' addition to the building located at 3707 N.E. 3rd Street provided the Engineering Department approves the site plan, architecturally drawn building plans are submitted for review and that the existing chain link fence be made 50% opaque, or other approved screening, on the 3rd Street side of the property. Roll Call: All Ayes. Motion carried. MOTION by Paulson, seconded by Fowler, to adjourn the meeting at 7:55 p.m. Roll Call: All Ayes. Motion carried. mitted, .--.~ , Katl~ry~ License/Permit Clerk kp 590 40TH A VENUE N.E, COLUMBIA HEIGHTS, MN 55421 PHONE (612) 782-2817 F~: (612) 782-2857 TDD (612) 782-2806 DRAFT ECONOMIC DEFELOPMENT AUTHORITX Richard Dustin Euseb~us He,ritz Patric~a dinclra Oonatd G. JoLLy Meg Jones Gary L. Peterson MINUTES COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING OF JULY 9, 1996 Call to Order. The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) Board. of Commissioners was called to order by Vice-President Ruettimann (President Peterson was attending a Planning & Zoning Commission meeting until 8:00 p.m.) on Tuesday, July 9, 1996 at 7:30 p.m. in the city Hall Conference Room, 590-40th Avenue N.E., Columbia Heights, Minnesota. Roll Call. Commissioners Present: Bob Ruettimann, Eusebius Heintz, Richard Dustin, Patricia Jindra, Gary Peterson (arrived at 8:00) and Don Jolly. Commissioners Absent: Meg Jones. Staff Present: Kenneth Anderson, Deputy Executive Director; Becky Townsley, Secretary; Jim Bettendorf, Parkview Villa Housing Manager, Walter Fehst, Executive Director. Others Present: shirley Barnes, CEO Crestview Lutheran Homes, Bruce Nedegaard, Nedegaard Construction; Dave Maroney, Community Partners Inc.; Lew Moran, Architect from SEH. 3. Minutes. Minutes will be approved at the next EDA meeting. 4. ReDorts of the Executive Director. A. Parkview Villa Report· Jim Bettendorf reviewed his monthly Parkview Villa Management Report (which was included with the Agenda Packet) and answered Commissioners questions. Vice-President Ruettimann left the meeting to make a presentation at the Planning and Zoning Commission meeting. Commissioner Heintz presided at the meeting for 15 minutes. B. Deputy Executive Director. Kenneth R. Anderson, Community Development Director/Deputy Executive Director, reviewed his monthly Operational Report. The Protective Inspections, Building Permits monthly report was included with the Executive Director's report. Mr. Anderson indicated that the number of permits issued through June 1996 was roughly equivalent to the number issued last year through June 1995. However, he indicated the total valuation of all building permits this year was approximately $6,000,000 higher than the valuation for the same time period in 1995. This was due primarily to the Medtronic, Inc. expansion project. The City of Columbia Heights-does not discriminate on the basis o.j'dL'~bility in empl'oyment or the provisiot~ of services Equal'Opportunity Employer ~NU~ E~ ~E~ULAR~EET~NG PAGE Z OF 7 DRAFT JULY 9v 1996 Mr. Anderson reported that he had talked to Jeff Rageth who is the Deputy Commissioner of the Department of Trade and Economic Development. Mr. Rageth indicated that he had reviewed the letter Mr. Anderson had submitted to him regarding the loan that the City was going to make to Medtronic. Mr. Rageth said that the $250,000 loan will be approved and will be interest free and forgivable provided job creation requirements will be met. Mr. Anderson also reported that Medtronic had contacted him concerning City involvement in a ribbon cutting/open house ceremony for the new Medtronic addition to be held sometime in mid December, 1996. 5. Unfinished Bus{ness. A. St. Timothy's Senior Housing Proposal. A Preliminary Negotiation Agreement had been executed between the EDA and Bruce Nedegaard of Nedegaard Construction on March 19, 1996. The Agreement identified responsibilities of the EDA as well as the Developer and significant steps have been taken to meet those responsibilities. President Peterson and Commissioner Ruettimann rejoined the EDA meeting. The Developers architect, SEH, prepared revised project cost estimates based upon a unit mix which approximates the needs identified in the market study. Those costs have been received by the EDA's consultant, Dave Maroney of Community Partners, and he prepared the financial development pro forma(s). After completion staff will review findings with Community Partners, Mr. Nedegaard, and SEH on July 8, 1996 prior to presenting information to the EDA. At the last meeting, the EDA approved extending the "termination date of the Preliminary Negotiation Agreement from June 19, 1996 to the earlier of the effective date of the Development Agreement, if any, or December 31, 1996." A draft written agreement was enclosed in the Agenda Packet for execution by the EDA and Mr. Nedegaard formally extending the termination date for the Preliminary Negotiation Agreement. Mr. Anderson introduced Lew Moran, the SEH Architect representing Nedegaard Construction. Mr. Moran gave a detailed presentation on the site plans, describing the layout, the proposed construction and how the building would be positioned on the property. Mr. Moran and Mr. Nedegaard then answered questions from the commis- sioners. DRAFT MINUTES ~D~ R~GULAR MEETING JULY 9t 1996 PAGE 3 OF 7 Mr. Maroney of Community Partners then reviewed the financial development pro forma using the market research study for construc- tion of 60 units. The pro forma included assumptions listed on the Development Cost Budget sheet he handed out to the Commissioners. He stated that the next important step in this process is to identify the financing partner, be it a bank or commercial underwriter. The bottom line he estimates for a 60 unit mix project is approximately $86,000 per unit, making the average rent amount under this pro forma $640 per month, per unit. This project, if owned by the EDA, can qualify for a payment in lieu of taxes (PILOT) in which the tax liability would be substantially less then if it were taxed as a fair market rent, privately owned project. During discussion Commissioners questioned when the project was referred to as being owned by the EDA. In discussion they noted they were under the assumption that the EDA would help secure financing for the project, but were unaware that the EDA would be the owner. There was discussion on whether the EDA would be interested in owning a senior housing project. Also, the Commis- sioners felt that the management fees seemed very low in the pro forma. Commissioners had concerns regarding where the money to contribute the estimated $100,000 per year to this project would come from, but suggested that staff investigate to see if the State of Minnesota or other resources existed that could possibly have funds available to help with financing this senior project. Other Commissioners were concerned on how we could justify assisting one private developer and not assisting others. Mr. Maroney explained that the Agreement initially reached between the EDA and Mr. Nedegaard was that the EDA would sponsor and own the project. The advantage for the EDA sponsoring and owning the project is that the EDA has access to more attractive, lower interest rate financing and PILOT fees which would result in lower tenant rents. Mr. Nedegaard indicated that he would be interested in there being a buy back provision in the contract to allow private ownership of the facility at some future time. MOTION by Ruettimann, second by Jolly, to approve the Agreement Extending the Termination Date of the Preliminary Negotiation Agreement and authorizing and directing the execution of the Agreement by the President and Executive Director. Roll Call: All Ayes. MOTION CARRIED. Consider purchase of Columbia Heights Professional Building at 4150 Central Avenue N.E. Staff is currently reviewing land and building issues at the site and coordinating with Anoka County personnel regarding completion of a Phase I Environmental Site Assessment (ESA) by a private consulting firm. Federal law requires that any commercial/industr- ial property must also have an asbestos demolition survey if a structure is to be demolished and used for commercial/industrial MINUTE~ ED~ REGULAR MEETIN~ JULY 9, 1996 DRAFT PAGE 4 OF 7 purposes. The EDA has previously authorized the expenditure of up to $3,000 to perform the environmental review work. Enclosed as Appendix C were the proposals from two firms who are qualified to conduct this work: Braun Intertec and Maxim Technologies (formerly Twin City Testing). The proposals included price quotes for both the 4150 Central and 4217 Central Ave. NE properties. The cost of the bids for 4150 Central Ave NE only are summarized below for each firm. Braun Intertec Maxim Technoloqies ESA Only Asbestos Survey Only Combined $1,800.00 $1,610.25 $3,410.25 $1,600.00 $2,425.00 $3,725.00 The apparent low bidder for both the ESA and the Asbestos Demoli- tion Survey was Braun Intertec for a total cost of $3,410.25. The County has indicated that the property will be posted for sale at the public auction sometime later this summer for $14,000. However, the property could be acquired at any time by the City/EDA before that time for the cost of $10 plus filing fees estimated to be $30 - $40. In considering whether this property should be acquired, the Board noted that there is essentially no off-street parking on this site. There is an adjoining business, City-wide Locksmithing, which was relocated to this adjacent property and could be acquired and relocated to another site. However, that lot is only 40 ft. wide which would not be large enough for off-street parking due to the necessary turning radius unless it was one-way only. If a private party purchases the property, parking issues will need to be addressed for any future tenant(s). The Board evaluated if it was desirable to continue with the acquisition process for this property. Anderson stated that if the Board chooses to proceed, then there should be a motion to approve an additional $410.25 to perform the ESA and asbestos survey if it is the intention of the Board to demolish the building on the site. He stated that it may be advisable to seek professional review by a structural engineer to determine if the building is structurally sound if it is not to be demolished. Through discussion Commissioners felt this property would be an asset because it is in a prime business location. Ken Anderson reported that it would cost approximately $27,000 to demolish the building. Commissioners questioned how much it would cost to repair and make it useable. Other Commissioners felt we should buy the building from Anoka County for $40 even if we did nothing more than just let it set for awhile until the EDA decided what to do with it. MINUTES EDA REGULAR MEETINg JULY 9, 1996 DRAFT PAgE $ OF 7 MOTION by Ruettimann, second by Jindra, to authorize the Deputy Executive Director to hire Braun Intertec to complete a combined Asbestos Survey/Phase I Environmental Site report at the cost of $3,410.25 and further to authorize the Deputy Executive Director, if the report comes back as a satisfactory/clean facility, to purchase the property from Anoka County for a cost up to $100 for the property. Roll Call: All Ayes. MOTION CARRIED. C. 4217 Central Avenue N.E., D. J. Sikka. This property has been discussed previously by the EDA/HRA for possible acquisition since it is a non-conforming residential structure in the commercial district. An appraisal dated May 6, 1996 has been received with a Fair Market Value of $46,500 for the site. The EDA previously offered $42,400 for the property. The property owner is requesting an EDA decision so he may plan a course of action. A Purchase Agreement for him to consider has been drafted by City legal counsel which addresses property acquisition and cost sharing for environmental assessment studies at the site. The EDA tabled this item at the meeting of June 25, 1996. In Appendix D to the Agenda Packet was a copy of the draft Purchase Agreement and a copy of the latest Fire Department inspection report for EDA review. The environmental assessment cost estimates are summarized below for this property from both firms (full proposals were included in Appendix C). Braun Intertec Maxim Technotoqies ESA Only Asbestos Survey Only Combined $1,800.00 $1,400.00 $ 955.25 $2,350.00 $2,755.25 $3,450.00 The apparent low bidder for the combined studies was Braun Intertec for a total cost of $2,755.25. At the last meeting some Commissioners indicated they had some interest in owning and renting this property. Anderson noted staff has not contacted any house moving companies to determine if there is any value in the home for relocation to another site. Also, staff has not reviewed the site nor prepared a cost estimate for upgrading the property for future rental to tenants. If it is to be acquired for this purpose, this should be done to determine additional costs to be incurred by the City/EDA. Also, the site itself has little value for future commercial use unless additional adjacent property is acquired. ~i. ih'U'~E~ ED~ ~,EGUL~R MEET~'N~ DRAFT ~ULY 9~ L996 PAGE 6 OF 7 The Board discussed various options including: 1) 2) Acquisition for future rental of the property. Acquisition for demolition, and: A. future sale to a new prospective business enterprise (this option would necessitate negotiating an option to acquire one or more adjacent properties. B. future sale to an adjacent property owner for parking, expansion, or green space. MOTION by Heintz, second by Dustin, to deny authorization to do the environmental assessment studies and the purchase of Mr. D.J. Sikka's property located at 4217 Central Avenue N.E. Roll Call: All Ayes. MOTION CARRIED. Zaidan Holdings/Mobilia, Ltd. Office Center Agree- ments. A copy of a letter from City Manager Pat Hentges dated January 30, 1996 was provided at the last meeting. The EDA had directed that options be presented after a review with legal counsel. Work is in progress, but there is no new information at this time. New Business. APT (TEA) Proposal to Install Antenna on Parkview Villa North. Mr. Anderson reported on this issue. Enclosed as Appendix E to the Agenda Packet was information related to placement of an antenna array at the top of Parkview Villa North by a private firm - APT (TEA). The antenna will provide wireless communications capabili- ties to this area and throughout the Metro Area when combined with other antennas within the grid. Also enclosed was a copy of a letter from Douglas Scott of TEA Group, Inc., a draft Site Agreement which specifies the form of the terms of the agreement which is yet to be negotiated, HUD Notice regarding entrepreneurial initiatives which does not preclude lease income from antennas, and a memorandum from Jim Bettendorf, Manager of Parkview Villa. After discussion Commissioners agreed that we should not rush into anything until thoroughly investigating the situation, particularly because Parkview Villa is one of the tallest points in this area and will still be desirable for antenna use a year from now. In discussion, Commissioners noted that because it is a service that is now in demand, perhaps it would be advisable to advertise for a request for proposals that the EDA will consider proposals to locate antennas at the Parkview Villa site. It was also suggested that whichever firm would lease the site for antenna use, it may not be allowed to sublease the antenna without an additional fee charged or percentage of income shared with the EDA. MINUTES EDA REGULAR MEETING DRAFT JULY 9v 1996 P~GE 7 OF 7 MOTION Heintz, second by Jindra, to authorize Staff to negotiate specific terms with anyone interested in a Site Lease Agreement to first, authorize the placement of antennas, rooftop equipment and/or cable on Parkview Villa for wireless communications services, and secondly, to reach agreement with the company to generate the highest possible lease revenue for the ultimate betterment of the Parkview Villa facility, subject to City Attorney review and approval (using our own lease), EDA Board approval, meeting all local and state zoning and regulatory controls which may govern such a proposal, and to comply with any HUD rules and approval process. Roll Call: Ail Ayes. MOTION CARRIED. 7. Next Meetinq. Commissioners agreed to have the next Regular Meeting of the EDA at 7:00 p.m., the 2nd Wednesday of the month on August 14, 1996, at the Parkview Villa Community Room B. Se Adjournment. MOTION by Heintz, second by Dustin, to adjourn the EDA regular monthly meeting at 10:00 p.m. Roll Call: Ail Ayes. MOTION CARRIED. Respectfully Submitted, Rebecca Townsley Secretary Gary L. Peterson, President Date bt/agendapk