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HomeMy WebLinkAboutNovember 12, 1996 RegularCITY OF COLUMBIA HEIGHTS 590 40Th AVENUE N.E., COlUmbia HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 AD 2dlNI STRATI ON November 8, 1996 Mayor Joseph Sturdevant Councilmernbers Donald G. Jolly Meg Jones Gary L. Peterson City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Tuesday, November 12, 1996, in theCity Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL (Commencement of Cableoasting 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 October 28, 1996. 2) Establish Hearing Date for License Revocation, Rental Properties MOTION: Move to establish a hearing date of December 2, 1996, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Kurt Loewenthal (1407 Circle Terrace N.E.), Kunal Kamran (2215 N.E. 45th Avenue), and Alexander Cajucom (4506 Fillmore Street N.E.) regarding their rental property. 3) Authorize Final Payment for Establishing LaBelle Park East Property Line MOTION: Move to accept the work establishing LaBelle Park East property line and to authorize final payment of $3,500.00 to Egan, Field and Nowak, Inc. 4) Authorize Final Payment for Mill Street Reconstruction - Municipal Project #9229 MOTION: Move to accept the work for Mill Street Reconstruction, Municipal Project No. 9229 and to authorize payment of $34,915.54 to Driveway Design, Inc. of Plymouth, Minnesota. THE CIT~ OF COLUMBia HEIGHTS DOES NOT D{SCRiM[NATE ON THE EAS]S OF DISASILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL AGENDA FOR NOVEMBER 12, 1996, MEETING PAGE 2 5) 6) 7) 8) 9) 10) 11) Authorize Final Payment for Re-Roof of Prestemon Park Building - Project #9604 MOTION: Move to accept the work for Municipal Project #9604, Re-roof of Prestemon Park Building and to authorize final payment of $4,776.00 to Milton Johnson Roofing of Minneapolis, Minnesota. Approve Site Lease Agreement with APT for Parkview Villa North MOTION: Move to approve the Site Lease Agreement between the Columbia Heights Economic Development Authority and American Portable Telecom (APT) Minneapolis, Inc. in order to install directional antennas and equipment on Parkview Villa North. Approve Conditional Use Permit, Don's Auto Wash, 4423 Central Avenue, Case #9611-51 MOTION: Move to approve the request for a Conditional use Permit for 4423 Central Avenue to allow an 8' x 10' accessory structure as all Zoning requirements are being met. Approve Conditional Use Permit, TEAMS Emplorer Post #2600, Keith Haskell, 4300 Central Avenue, Case #9611-52 MOTION: Move to approve the Conditional Use Permit for Keith Haskell and TEAMS Emplorer Post 2600 to allow the operation of a Christmas tree sales lot at 4300 Central Avenue from November 29, 1996, through December 24, 1996, provided the proper City license is obtained prior to the operation and that a $200 olean up deposit is submitted to the License/Permit Clerk prior to the license being issued. Appoint Councilmembers Don Jolly and Meg Jones to an Ad Hoc Committee MOTION: Move to appoint Councilmembers Don Jolly and Meg Jones to a joint School District/City Council ad hoc Youth Initiative Committee, and to appoint Mayor Joe Sturdevant to be an alternate member to the committee. Also, direct the City staff to contact the school board Administration to set up a first meeting to discuss future meetings. Approve Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. Approve Licenses MOTION: Move to approve the rental housing licenses as stated on the November 12, 1996, memo from Lowell DeMars. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Introduction of New Employee, Mary Vawraoz, Secretary II-A, Police Department B. Proclamation - November is Epilepsy Month in Columbia Heights o PUBLIC HEARINGS A. License Revocation Suspension Hearing on a License to Operate a Rental Property Within the City of Columbia Heights Held by Isle Schlachtenhaufen (4838 CITY COUNCIL AGENDA FOR NOVEMBER 12, '~996, MEETING PAGE 3 West Upland Crest), Anthony J. Shermann (3926 Ulysses Street N.E.), Jean J. Free (3817 Hayes Street N.E.), Jonathan Deal (4307 N.E. 7th Street, and 4701 N.E. 5th Street), David W. Fischer (4657 N.E. 5th Street), and Gary R. Stockwell (683 N.E. 51st Avenue) RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by the above-named property owners regarding their rental property in that the property owners have all complied with provisions of the Housing Maintenance Code. License Revocation Suspension Hearing on a License to Operate a Rental Property Within the City of Columbia Heights Against Lisa Kelly Regarding Rental Property at 5031 Jefferson Street N.E. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 96- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License Held by Lisa Kelly Regarding Rental Property at 5031 Jefferson Street N.E. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Lisa Kelly Regarding Rental Property at 5031 Jefferson Street N.E. in That the Provisions of the Housing Maintenance Code Have Been Complied With. License Revocation Suspension Hearing on a License to Operate a Rental Property Within the City of Columbia Heights Against Carrie J. Herkal Regarding Rental Property at 1161 Cheery Lane N.E. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Carrie J. Herkal Regarding Rental Property at 1161 Cheery Lane N.E. in That the Provisions of the Housing Maintenance Code Have Been Complied With. License Revocation Suspension Hearing on a License to Operate a Rental Property Within the City of Columbia Heights Against Richard A. Nye Regarding Rental Property at 1162 Cheery Lane N.E. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Richard A. Nye Regarding Rental Property at 1162 Cheery Lane N.E. in That the Provisions of the Housing Maintenance Code Have Been Complied With. License Revocation Suspension Hearing on a License to Operate a Rental Property Within the City of Columbia Heights Against Kurtis R. Kiel Regarding Rental Property at 561 N.E. 51st Avenue RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 96-__, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant CITY COUNCIL AGENDA FOR NOVEMBER 1'2, '~996, MEETING to Ordinance Code Section 5A.408(1) of the Rental License Held by Kurtis R. Kiel Regarding Rental Property at 561 N.E. 51st Avenue. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Kurtis R. Kiel Regarding Rental Property at 561 N.E. 51st Avenue in That the Provisions of the Housing Maintenance Code Have Been Complied With. License Revocation Suspension Hearing on a License to Operate a Rental Property Within the City of Columbia Heights Against Catherine Stephenson Regarding Rental Property at 1439 N.E. 42nd Avenue RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Catherine Stephenson Regarding Rental Property at 1439 N.E. 42nd Avenue in That the Property is in Foreclosure and is currently vacant. Second Reading of Ordinance No. 1335, Pertaining to Fences and Retaining Walls Construction RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1335, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1335, Pertaining to Construction of Fences and Retaining Walls. First Reading of Ordinance No. 1334, Pertaining to Garbage, Rubbish & Recyclable Materials RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance 1334 for November 25, 1996, at approximately 7:00 p.m. 7. ITEMS FOR CONSIDERATION Ac Other Resolutions/Ordinances 1) Resolution 96- , Resolution Approving the Amendment of the Bylaws of the Columbia Heights Fire Department Relief Association, Volunteer Division RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 96-__, Resolution of the City Council of the City of Columbia Heights approving the amendment of the by- laws of the Columbia Heights Fire Department Relief Association, Volunteer Division. 2) Resolution 96-__, Resolutions Ordering Preparation of Report on Proposed Street Improvements in 1997 RECOMMENDED MOTION: Move to waive the reading of the resolutions, there being ample copies available for the public. CITY COUNCIL AGENDA FOR NOVEMBER 12, 1996, MEETING 'P;~G~_ 5 RECOMMENDED MOTION: Move to adopt Resolution No. 96- , No. 96- , No. 96- , and No. 96-__ being resolutions ordering the preparation of reports for proposed 1997 street projects. B. Bid Considerations 1 ) Approve Agreement with Applied Business Communications, Inc. for Fiber Optic Cable Installation RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Applied Business Communications, inc. for the installation of fiber optic cables from City Hall to Murzyn Hall and to the Library, and to do the necessary cabling within all three buildings at a cost not to exceed $11,368.00, with funding coming from Fund 411, Capital Improvements-General Government Buildings. C. Other Business 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of the November 4, 1996, meeting of the Traffic Commission B. Minutes of the Economic Development Authority Special Meeting of October 30, 1996 C. Minutes of the November 6, 1996, Planning and Zoning Commission Meeting D. Other Communications 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MA'FI'ERS 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 VOLUNTEER FIRE RELIEF ASSOCIATION 1. Call to Order 2. Approval of Minutes of January 22, 1996 3. Resolution 96- , Resolution Approving the Amendment of the Bylaws of the OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL OCTOBER 28, 1996 REGULAR COUNCIL MEETING CALL TO ORDER/ROLL CALL Mayor Sturdevant called the meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. 2. Pledge of Allegiance Additions/Deletions to the Meeting Agenda The City Manager advised of the addition of 6-C which is the first reading of Ordinance No. 1336 being the conveyance of real estate. Also, a correction was made to 4-A-6 regarding the source of funding. CONSENT AGENDA The following items were approved on the Consent Agenda: ~dopt Co~ncit Minutes The Council approved the minutes of the Regular City Council Meeting of October 14, 1996. Establish Work Sessions The Council established the following dates for work sessions: Wednesday, October 30, 1996 at 6:00 p.m. (immediately following the EDA meeting); Monday, November 4, 1996 at 8:00 p.m. and Monday, November 18, 1996. Resolution No. 96-66 Being a Resolution Certifying Delinquent Assessments The reading of the resolution was waived. RESOLUTION NO. 96 - 66 CERTIFICATION OF DELINQUENT ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments, delinquent utility, and miscellaneous delinquent bills on the properties in the City of Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 1996 totaling $37,428.15. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 2 BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments Fund #82535. SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until October 18, 1996. Upon receipt of said payments the City will remove them from the certification list sent to Anoka County. Passed this 28th day of October, 1996. Offered by: Seconded by: Roll Call: Ruettimann Jones All ayes Joseph Sturdevant, Mayor Secretary to the Council Approve License Applications The Council approved the 1996 license applications as listed upon payment of proper fees and the rental housing license applications as listed in the October 28, 1996 memorandum from Lowell DeMars. Pa~vment of Bills The Council approved the payment of the bills as listed out of proper funds. Authorize Attendance at Fleet Maintenance Training Course The Council authorized the attendance of Barb Sandberg at the Fleet Maintenance Windows Training Course December 9 - 11, 1996 by DP Solutions, Inc. in Lakeland, Florida and that all related expenses be reimbursed from Funds 701-49950-3105 and 701-49950-3320. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 3 ~stablish Joint School Board/City Council Meetinq The Council established November 6, 1996 at 7:00 p.m. joint meeting between the Columbia Heights School District #13 and the Columbia Heights City Council. as a Board Approve Three Community Development Block ~rant Contracts The Council approved the 1995 CDBG contract by and between the City of Columbia Heights and Anoka County for $40,474 county- wide rehabilitation funds. The Council approved the 1996 CDBG contract by and between the City of Columbia Heights and Meals on Wheels for $3,080 public service agency funding. The Council approved the 1996 CDBG contracts by and between the City of Columbia Heights and Anoka County for a total of $237,370 for public service agencies, neighborhood revitalization, and housing rehabilitation. Authorize GIS Range Rider Joint Program Between Columbia Heights. Fridley and Andover The Council authorized the inter-local agreement for GIS services with Andover and Fridtey for a figure not to exceed $13,333. Funding for the additional expenditure would come from cuts made to general fund budget made by the Council during its review. ~utborize Continuation of Police Services Contract with the City of Hilltop The Council authorized the Mayor and city Manager to enter into a contract extension with the City of Hilltop for police and emergency medical (rescue) squad services with terms as indicated in the attached memos by the Hilltop City Attorney. Authorize Payment of Dues to the League of Minnesota Cities for the Next Fiscal Year The Council approved the continued membership with the League of Minnesota Cities and authOrized the annual payment of $9,040. ~tablish Hearing Dates for License Revocation and Various Rental Properties The Council established the hearing date of November 12, 1996 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the following property owners regarding their rental property: Lisa Kelly (5031 Jefferson Street); Isle Schlachtenhaufen ~5~ ~$t UDland Crest); Carrie J. Herkal (1161 Cheery Lane); REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 4 Anthony J. Shermann (3926 Ulysses Street); Richard A. Nye (1162 Cheery Lane); Jean J. Free (3817 Hayes Street); Kurtis R. Kiel (561 51st Avenue); Jon'athan Deal (4307 Seventh Street and 4701 Fifth Street); David W. Fischer (4657 Fifth Street); and Gary R. Stockwell (683 51st Avenue). Authorize Final Pa_vmeDt ~ F,F. Jedlicki for LaBelle Park Storm Sewer Replacement. Municipal Project #9611 The Council accepted the work for storm sewer replacement at LaBelle Park from 40th Avenue to LaBelle Pond, Municipal Project #9611 and authorized final payment of $23,884.30 to F.F. Jedlicki of Eden Prairie, Minnesota. Motion by Ruettimann, second by Jones to approve the consent agenda as presented. Roll call: All ayes 5. Recoanitions. Proclamations. Presentations, ~ue~ts The meeting agenda included a proclamation recognizing November as Epilepsy Month. The Mayor felt this should be held for a meeting where a representative of the Epilepsy Foundation could be present to receive it. 6. Public Hearings A. Second Reading of Ordinance No. 1333. Being an Ordinance Repealing Certain Sections from License Ordinance Section of CitY CQde The City Manager explained the recommendations of the License Ordinance Review Committee regarding repeal of some sections of the City Code which addressed licensing. Some of the sections of the license ordinance are outdated and the concern for regulation that may have existed in the past may not be of concern currently. Also, some of suggestions for repeal were based on the fact that little or no service is provided for the license fee collected. Many of the uses are licensed and inspected under the regulations of other jurisdictions such as the Anoka County Health Department, the State Department of Agriculture and the State Department of Health. Motion by Jones, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO. 1333 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REPEAL OF CERTAIN SECTIONS OF THE LICENSING REQUIREMENTS OF THE CITY REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 5 The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.201 of Ordinance No. 853, City Code of. 1977, pertaining to the licensing of Auctioneers, which reads as follows, to wit: 5.201 (1) No person shall engage in or conduct business as an Auctioneer without a license issued prusuant to the provisions of this chapter. (a) Every license applicant under this section shall present proof to the Council of a license issued by any County Auditor in the State of Minnesota, and proof of a bond filed pursuant to Minnesota Statutes Chapter 330. Lack of such proof shall be mandatory grounds for denial of the license application. (b) A separate license shall be required for each agent or employee of a licensee who is directly or indirectly selling auctioned items. 5.201 (2) The provisions of this section shall not apply to sales made by sheriffs, coroners, constables, tax collectors, or sales of personal property under chattel, mortgage or other liens. IS HEREBY REPEALED. Section 2: Section 5.301 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Food Establishments, which reads as follows, to-wit: 5.301 (1) No person shall engage in or conduct business operating a food establishment without a license issued pursuant to the provisions of this chapter. Licenses issued under this section shall be categorized on the following basis: Class 1 Class 2 Class 3 Class 4 Class 5 Itinerant Food Establishments Food Catering Vehicle Food Vending Machine Restaurant Drive-In Restaurant REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 6 5.301 (2) For purposes of this Code, the following words shall have the meaning ascribed to them and such definitions shall apply in th~ interpretation and enforcement of this Code. (a) "Food Establishment" means any building, room, machine stand, enclosure, vehicle, space, area or other place wherein food is stored or prepared, served, and sold primarily for immediate consumption. (b) "Itinerant Food Establishment" means a food establishment operating for a temporary period such as, but not limited to, food facilities for a fair, carnival, circus, or public exhibition, other than a catering food vehicle. (c) "Food Catering Vehicle" means any vehicle used to transport food from its point of preparation or place of distribution to a place where the food is sold and served directly from the vehicle to the consumer, any vehicle wherein food is prepared for sale and service to the consumer, or any vehicle wherein perishable food or dairy products are stored or delivered to customers on a regular route for either immediate or future consumption. (d) "Food Vending Machine" means any self-service device which upon insertion of a coin, coins or tokens, dispenses unit servings of food, beverage or ice, either in bulk or in packages. (e) "Restaurant" means any building wherein food is prepared, served and sold for immediate consumption therein, and not operating for a temporary period. (f) "Drive-In Restaurant" means any restaurant as defined above that also prepares food for carry-out and immediate consumption in motor vehicles parked adjacent to the restaurant. (g) "Adulterated Food" means any food which bears or contains any poisonous or deleterious substance which may be injurious to health, provided however, that where such food bears or contains any such substance for which a safe tolerance or standard has been established by lawful regulation, or law, such food shall not be adulterated food if such substance is not in excess of tolerance of standard; or consists in whole or in part of the REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 7 product of decayed or decomposed substance, or consists in whole or in part of the product of a diseased animal, or an animal which has died by accident, disease, or other than by slaughter; or contained in an immediate package which is composed of any poisonous or deleterious substance which may render the contents injurious to health. (h) "Food Service Employee" means any person who renders service which requires the handling of food or food utensils. (i) "Food" means any raw, cooked or processed substance, non-alcoholic beverage or ingredient, which is used or intended for use in whole or in part for human consumption, including ice and water. (j) "Food Contact Surfaces" means those surfaces of the equipment and utensils with which food normally comes into contact or may come into contact. (k) "Misbranding" means the use of any written, printed, or graphic matter upon or accompanying products or containers of food, including signs, or placecards, displayed in relation to such products so dispensed, which is false or misleading, or which violates any local, state or federal labeling requirements. (1) "Perishable Food" means food consisting of fresh fruits or vegetables. (m) "Readily perishable food" means any food consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or any other food capable of supporting rapid and progressive growth of micro-organisms which can cause food infections or food intoxication, excluding packaged food in hermetically sealed containers processed by heat to prevent spoilage and dry or powdered packaged food so low in moisture content as to preclude development of micro-organisms. (n) "Utensils" means all kitchenware, tableware, dishes, glassware, cutlery, pots, pans, containers, implements of other equipment with which food comes in contact during storage, cooking, preparation, display or serving. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 8 (o) "Wholesome" means food which is sound, healthful, clean, unadulterated and in all ways fit for human consumption. 5.301 (3) A Class 3 license is supplemental to the requirement for any other class of license under this section where a food vending machine will be located on the premises of another class food establishment. A Class 5 license shall be in lieu of a Class 4 license, and no person shall be required to obtain both licenses for a food establishment operating out of one building. The requirement for any license under this section is supplemental to the requirement for a license under any other section of this article. 5.301 (4) License applicants under this section shall provide the following information in the license application as is appropriate: (a) The Class of food establishment license applied for and the kind of food to be served. (b) For a Class 1 license, the reason for a temporary food establishment, indicating the nature of any commercial activity that will be going on, and the requested term for the license. (c) For a Class 2 license, the place where food will be prepared and the place, route, or geographic area where food will be sold; the number of vehicles to be utilized, the serial number of each such vehicle, and the name and address of the owner if different from the license applicant. (d) For a Class 3 license, a description of the premises where the licensed machine will be located, and the total number of licensed machines to be located on the same premises. (e) For a Class 4 license, the proposed seating capacity of the restaurant. (f) For a Class 5 license, the proposed seating capacity in the building and the proposed number of parking spaces in the lot. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 9 (g) A list of all food service licenses or permits issued to the applicant by any municipality of the State of Minnesota within the preceding three years, together with a statement of whether any such license or permit was suspended or revoked, and a statement of facts pertaining thereto. (h) No applicant shall be eligible for a Class 1, 2, 4 or 5 license unless such applicant has first obtained a license from the Anoka County Health Department. 5.301 (5) The Clerk shall refer applications for a Class 1, 4 or Class 5 license to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. 5.301 (6) Every licensee under this section shall at all times maintain required minimum food, health and sanitation standards as are hereinafter provided, or as may be promulgated by the Health Authority. (a) The licensee shall abide by any written order of the Health Authority that is issued to abate an unsanitary or unhealthy condition. (b) The licensee shall take steps to abate any unsanitary or unhealthy condition after receipt of a warning tag describing such condition from the Health Authority. (c) Failure of a licensee to abide by any order of the Health Authority, or to take abatement action after receipt of a warning tag from the Health Authority shall be grounds for license revocation or suspension, or such other action restricting the privileges of the licensee as the Council may determine. Repeated issuance of warning tags to the licensee shall also be grounds for license revocation, suspension, or other restriction by the Council. 5.301 (7) Every licensee under this section shall maintain the following standards relating to food: (a) Food shall be kept clean, wholesome, and free from spoilage, adulteration, or misbranding. 'REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 10 Food shall be prepared, processed, handled, packaged, transported, and stored, so as to be protected from contamination and spoilage and safe for human consumption. (b) Milk and fluid milk products shall be Grade "A". Poultry, meat, and poultry and meat products shall be U.S.D.A. approved, or approved by appropriate state designated agencies or officials. (c) Ail foods shall be protected against contamination, from work surfaces which are not clean, utensils which have not been sanitized, unnecessary handling, flooding from sewage or drainage overflow, overhead moisture leakage, dust, flies, insects, rodents, other vermin, or any other source of contamination. (d) Perishable foods shall be stored at such temperatures as will provide protection against spoilage. Readily perishable foods shall be stored at or below 40 degrees F. or at or above 150 degrees F. Frozen food shall be stored at or below 0 degrees F. 5.301 (8) Every licensee under this section shall maintain and enforce the following standards relating to food service employees: (a) Ail persons shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygenic practices during all periods of duty. Hair nets, head bands, caps, or other hair restraints shall be used to keep hair from food, utensils, and equipment. (b) Ail persons shall wash their hands thoroughly before starting work, and before resuming work after visiting the rest room, and as often as is necessary to remove soil and contamination. (c) Tobacco in any form shall not be used by persons while engaged in handling, preparing or serving food, or cleaning utensils and equipment. (d) No person infected with a communicable disease or illness, or other physical condition such as boils, open sores, or open wounds shall be permitted to perform duties as a food service REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 11 employee where such disease, illness or condition may be transmitted to others or jeopardize maintenance of health and sanitation standards of the food establishment. The licensee shall freely consult with the Health Authority at any time when the licensee believes that the physical condition of a food service worker may jeopardize the health and sanitation standards of the restaurant or the health and well being of the public. A copy of this section shall be posted in a conspicuous place for employees. 5.301 (9) Every licensee under this section shall maintain the following standards for cleanliness and sanitation of equipment and utensils. (a) Ail new and replacement equipment and utensils shall be of such materials, workmanship, and design as to be smooth, easily cleanable, resistant to wear, denting, buckling, pitting, chipping and razing; and capable of withstanding scrubbing, scouring, repeated corrosive action of cleaning compounds, and other normal conditions and operations. Food contact surfaces shall be non-toxic and readily accessible for cleaning and inspection. Toxic materials shall not be stored or used in food service areas, except as required for sanitary operations. Such materials may not be used in any manner that threatens to contaminate food. (b) Cleaning and sanitation of utensils may be by chemical method or by hot water method, in accordance with standards that are approved by the Health Authority. The minimum water temperature for effective sanitation treatment shall be at least 170 degrees F. All utensils and equipment shall be thoroughly cleaned and food contact surfaces of utensils and equipment shall be sanitized and stored in such a manner as to be protected from contamination. .REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 12 5.301 (10) Every Class 1, 4 and 5 licensee under this section shall maintain the following standards of cleanliness, hygiene, and sanitation on the food establishment premises: (a) Every food establishment premises, other than itinerant food establishments handling only pre- packaged food, shall have adequate restroom facilities which are kept clean, in good repair, and free from flies, insects and offensive odors. Hot and cold running water, hand cleansing compound, sanitary towels or hand-drying devices, and toilet tissue shall be provided. Hand washing facilities shall be provided within all areas where food is prepared. No private facilities of an adjoining residence shall be used to comply with the provisions of this section. (b) Ail garbage and refuse shall, prior to disposal, be kept in tight non-absorbent containers which shall be kept covered with close-fitting lids when filled, in storage, or not in continuous use. All other refuse shall be stored in containers, rooms, or areas, in a manner approved by the Health Authority. The rooms, enclosures, areas, and containers used should be adequate for the storage of all garbage and refuse accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room, or area shall be thoroughly cleaned after the emptying or removal of garbage and refuse. All garbage and refuse shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. (c) Ail floors shall be kept clean and in good repair, and the use of sawdust and similar materials shall not be permitted. Floor drains shall be provided in all rooms where floors are subjected to flood-type cleaning or where normal operations release or discharge water or other liquid wastes on the floor. The walking and driving surfaces of all exterior areas where food is served shall be kept clean, properly drained and finished with concrete, paving or equivalent to facilitate maintenance and minimize dust. The walls and ceilings of all rooms shall be kept clean and in good repair. Ai~ walls of rooms or areas in which food is prepared, or utensils or hands are washed, shall have REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 13 easily cleanable, washable surfaces up to the highest level reached by splash or spray. (d) Ail rooms in which food is prepared or served, or utensils are washed, and rest, dressing, and locker rooms, and garbage and refuse storage areas shall be well ventilated and shall be free of excessive odors, condensation, vapors, smoke, and fumes. Cooking equipment shall be provided with exhaust ventilation equipment. (e) The premises shall be kept neat, clean, and free of litter and refuse. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food contact surfaces. No food service operations shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats, and aprons shall be kept in containers until removed for laundering. No live birds or animals shall be allowed in any area where food is prepared, stored, or served, provided, that guide dogs accompanying blind persons may be permitted in the dining areas of a food establishment. 5.301(11) The following conditions shall apply to licenses issued under this section: (a) No Class 2 licensee shall operate a catering vehicle between the hours of 12 p.m. and 5 a.m. (b) Every Class 5 licensee shall maintain quiet and good order upon the premises and not permit disorderly or immoral conduct or loitering thereon, nor shall he cause or permit any noise or nuisance on the parking area of the drive-in restaurant whereby the quiet and good order of the neighborhood are disturbed. The licensee shall provide no less than two receptacles for receipt of trash litter at appropriate locations on the premises. The licensee shall post on the premises in a conspicuous location one or more signs bearing the following legend: REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 14 "Cruising in or congregating or loitering outside of a motor vehicle is unlawful. No unoccupied vehicles may be left on the premises without the consent of the restaurant operator". (c) The term of a Class 1 licensee shall be as determined by the Council, notwithstanding 5.103(1)(a) of this Code. 5.301(12) The following persons are establishment licensing, to-wit: exempt from food (a) A person whose place of business is a carnival, circus or fair and who holds a license pursuant to Minnesota Statutes Chapters 28A or 157. (b) Cafeterias or restaurants located in private businesses: (i) which are not open to the general public; (ii) which are incidental to the principal business in which they are located, and (iii) which are inspected and licensed by the Anoka County Health Department. ARE HEREWITH REPEALED, Section 3: Section 5.303 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Grocery Stores, which reads as follows, to-wit: 5.303 (1) No person shall engage in or conduct the business of operating a grocery store, without a license issued pursuant to the provisions of this chapter. 5.303 (2) For purposes of this section, a grocery store shall be defined as a store engaged in the sale, at retail, of pre- packaged foods that are not intended for immediate consumption. 5.303 (3) The Clerk shall refer applications for a grocery store license to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 15 5.303 (4) The requirement for a license under this section is supplemental to the requirement for a license under any other section of th~s chapter. IS HEREWITH REPEALED, Section 4: Section 5.304 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Fresh Food Stores, which reads as follows, to-wit: 5.304(1) No person shall engage in or conduct the business of a fresh food store without a license issued pursuant to the provisions of this chapter. 5.304(2) For purposes of this section, a fresh food store shall be defined as a store engaged in the sale at retail of bulk foods packaged on the premises and not intended for immediate consumption, such as but not limited to meats, poultry, fish and bakery products. 5.304(3) Every licensee under this section shall maintain the standards prescribed by 5.301(7), 5.301(8) and 5.301(9) of this Code, and be subject to the same sanctions of 5.301(6) of this Code. 5.304(4) The requirement for a license under this section is supplemental to the requirement for a license under any other section of this chapter. SHALL HEREWITH BE REPEALEQ. Section 5: Section 5.401 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Bowling Alleys, which reads as follows, to-wit: 5.401(1) No person shall engage in the business of operating or maintaining a commercial bowling alley without a license issued pursuant to the provisions of this chapter. 5.401(2) The license application shall include a statement of the planned number of alleys, the total seating capacity, and the nature of any other licensed business currently operated or planned on the same premises. 5.401(3) The application shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 16 IS HEREWITH REPEALED. Section 5: Section 5.403 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Theaters, which reads as follow, to-wit: 5.403(1) No person shall operate or conduct a legitimate theater or moving picture theater without a license issued pursuant to the provisions of this chapter. 5.403(2) The application shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. IS HEREWITH REPEALED. Section 6: Section 5.405 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Musical Devices, which reads as follows, to-wit: 5.405(1) No person shall possess, keep, permit or maintain any mechanical musical device, as hereinafter defined, on any premises used for a business or commercial activity without a license issued pursuant to the provisions of this chapter. 5.405(2) For purposes of this section, a "mechanical musical device" shall be defined as any device for producing, reproducing or playing musical selections or numbers, either randomly or by pre-selection or both, and which is operated by depositing a coin or token therein, or which is mechanically operated after direct or indirect payment to an operator. 5.405(3) Applications under this section shall include a statement of, (a) A general description of the device to be licensed and trade name if any, (b) The name and address of the owner of the device if other than the licensee, (c) The nature of any other general business or commercial activity carried on at the proposed place of operation of the device, REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 17 (d) The denomination of the coin or coins required for the operation of the device, or the value of the token used in lieu thereof, or a description of any other direct or indirect payment that will be received for such operation. 5.405(4) A separate license shall be required for each machine. The location of all machines operated by the same licensee may be interchanged without application therefore, provided that a notice of change of location is filed with the clerk. IS HEREWITH REPEALED. Section 7: Section 5.406 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Children's Amusements, which reads as follows, to-wit: 5.406(1) No person shall operate an "amusement device" as hereinafter defined, without a license issued pursuant to the provisions of this chapter. 5.406(2) For purposes of this section, an "amusement device" shall include any device used exclusively by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other miniature mechanical devices not operated as a part of or in connection with any carnival, circus, show or other entertainment or exhibition. 5.406(3) An applicant under this section shall furnish the Clerk proof of a policy of liability insurance in the sum of not less than $100,000 for injury to one person and not less than $300,000 for one accident prior to the issuance of a license under this section. Said policy shall be written by an insurance company authorized to do business in the State of Minnesota. IS HEREWITH REPEALED. Section 8: Section 5.407 of Ordinance No. 853, City Code of 1977 pertaining to the licensing of Public Dances, which reads as follows, to-wit: 5.407(1) No person shall give, hold or conduct a public dance or allow a public dance to be conducted on his premises without a permit to hold, give and conduct such public dance issued pursuant to the provisions of this chapter. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 18 5.407(2) The licensSng and regulations of public dances under this chapter shall be subject, to and in accordance with the provisions of Minnesota Statutes 624.42 to 624.54. Said statutes shall govern over any terms contained herein which are contradictory or inconsistent therewith, except that the below named terms shall have the meanings ascribed to them: (a) "Public Dancing Place" shall mean any place which is designed for dancing to be carried on other than a private residence. (b) "Public Dance" shall mean every dance held in a public dancing place, whether an admission fee is charged or not. 5.407(3) Application for a dance permit shall be submitted to the Clerk on forms prepared and furnished by the City. The application shall include the following information: (a) Name and address of the person, persons, organization, firm or corporation which is to conduct the dance or dances. (b) The schedule of time or times where dances are to be held, and the place for said dances. (c) The area of the dance floor, and seating capacity. (d) The application shall show affirmatively that each of the applicants, or each of the partners or officers of the corporation, or organization making application is a person of good moral character and reputation in the community in which he lives; that none of the applicants, partners, or officers thereof, has been convicted of a violation of any of the provisions of M.S.A. 624.42 to 624.54 or of any ordinance or law regulating dances; that no one of the applicants, partners, or officers thereof is a keeper of a disorderly house of any kind; that the place where the dance is to be conducted will not have any "private apartments" or "private rooms" furnished or used for any other than legitimate business purposes which adjoin such dancing places or which may be reached by elevator, stairway or passageway leading from such dancing place. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 19 5.407(4) Such application shall be acompanied by the affidavits of two freeholders in the City stating that they have read the application as signed by the applicant and that all statements made therein are true to their own personal knowledge. 5.407(5) Applications shall be referred to the Chief of Police for an investigation of any past criminal record for the above mentioned crimes, by the applicant, or by any officer or partner of the named applicant. A report on such investigation shall be made to the Council. 5.407(6) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations and are adequately equipped with toilets, washrooms, lighting and ventilation. 5.407(7) Permit fees shall be established by Council resolution and may be on a pro-rated basis dependent upon the duration of the permit. 5.407(8) No public dances shall be conducted between 1 a.m. and 6 a.m. of any day except Sunday, nor between the hours of 1 a.m. and 12 noon on Sunday. 5.407(9) No permittee under this section shall permit the use of beer or intoxicating liquor upon the premises where a public dance is being conducted during the time of such dance. This provision shall not apply where the public dance is conducted at a location where the sale of beer or intoxicating liquor for consumption on the premises is allowed by other provisions of law. IS HEREBY REPEALED. Section 9: Section 5.409 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Swimming Pools, which reads as follows, to-wit: 5.409(1) No person shall operate or maintain a public swimming pool without a license issued pursuant to the provisions of this chapter. 5.409(2) For purposes of this Code, the following words shall have the meanings ascribed to them: REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 20 (a) "Swimming Pool" means any structure, basin, chamber or tank containing an artificial body of water for swimming, diving, or recreational bathing, more than 200 square feet in area or over 24 inches in depth, above or below the ground. (b) "Private Residential Swimming Pool" means any swimming pool, located on private property under the control of the homeowner, apartment owner, or land owner, the use of which is limited to swimming or bathing by members of his family, tenants, or their invited guests. (c) "Public Swimming Pool" means any swimming pool, intended to be used collectively by numbers of persons for swimming or bathing operated by any person as defined herein, whether he be the owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. 5.409(3) Every licensee under this section shall insure that the below named regulations are followed during hours of operation for a pool licensed under this section: (a) Pools shall be illuminated when in use after sunset. Such illumination may not be directed into or unto adjacent property and shall measure no more than one foot candle of illumination at any point on the boundary lines of adjacent property. (b) Appropriate facilities shall be provided for the safety of bathers as may be required by the Health Authority. This shall include lifesaving equipment, safety devices, lifebuoys, lifehooks, first aid kits, telephone, and adequate staff during swimming periods, who are competent in lifesaving and artificial resuscitation. Standards of competence for lifeguards shall be determined by the Health Authority. (c) Pools shall be under the supervision of a capable individual designated by the licensee, who shall assume responsibility for compliance with all provisions of this Code and regulations relating to pool operation and maintenance, and safety to bathers. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 21 5.409(4) Every licensee under this section or his agent shall exclude from the pool and pool'area any swimmer, patron or any employee of the licensee who is suspected of having a communicable or infectious disease which would endanger the public health and safety. 5.409(5) The licensee or his agent shall insure compliance with all regulations for cleanliness and bacterial quality promulgated by the Health Authority and shall keep a daily record of information regarding operation, including disinfectant residuals, maintenance procedures, re- circulation, together with other data as may be required on forms furnished by the Health Authority. This data shall be kept on file by the operator for six months for review by the Health Authority or for periodic submission to the Board of Health as may be required. IS HEREWITH REPEALED. Section 10: Section 5.410 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Gambling Devices, which reads as follows, to-wit: 5.410(1) No person shall operate a gambling device or conduct a raffle, as hereinafter defined, without a license issued pursuant to the provisions of this chapter. 5.410(2) Minnesota Statute #349.26, entitled Gambling Devices, together with all amendments thereto through 1978, is hereby adopted by reference as if fully set forth herein. 5.410(3) The Council may by unanimous vote waive the bond requirement of the gambling manager. 5.410(4) The annual license fee shall be two hundred dollars ($200.00), subject to amendment by resolution of the Council pursuant to #5.103(5). 5.410(5) The licensing requirements of #5.410 shall expire at such times as the licensing requiremnts of the Minnesota State Charitable Gambling Control Board shall pre-empt such local licensing powers. IS HEREWITH REPEALED. Section 11: Section 5.601 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Vending Machines, which reads as follows, to-wit: REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 22 5.601(1) NO person shall maintain or operate a vending machine without a license issued pursuant to the provisions of this chapter. 5.601(2) For purposes of this section, a vending machine shall be defined as any self-service device which upon insertion of a coin, coins or tokens, dispenses any product, provided, however, that such shall not include (a) A "food vending machine" licensed under Article III of this chapter. (b) Any machine which upon insertion of a coin, coins, or tokens, provides an intangible service, such as a clothes washer, dryer, game of skill, or musical device. 5.601(3) License applicants under this section shall state in the application the proposed location of the machine and the nature of the item or items to be dispensed, or service to be provided. 5.601(4) A separate license shall be required for each machine. 5.601(5) The licensee shall keep all vending machines licensed under this section in good working order at all times. 5.601(6) The licensee shall keep conspicuously posted on each machine at all times the name and address of the licensee and the name, address and telephone number of the licensee at which refunds may be obtained. IS HEREWITH REPEALED. Section 12: Section 5.602 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Laundry and Dry Cleaning Services, which reads as follows, to-wit: 5.602(1) No person shall engage in the business of providing laundry or dry cleaning services without a license issued pursuant to the provisions of this chapter. 5.602(2) Licenses under this section shall be categorized as follows: (a) Laundry and dry cleaning establishment without coin-operated machines. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 23 (b) Laundromat, for the primary purpose of providing centralized self-service laundry facilities. (c) Any other coin operated self-service laundry machines. 5.602(3) License applicants under this section shall specify the type of license applied for, and indicate, as is appropriate. (a) The number and type of self-service machines to be operated. (b) The location of such machines, if not in conjunction with a laundromat. 5.602(4) The Clerk shall refer applications for a license under subsection (a) or (b) to the Chief of the Fire Prevention Bureau for an inspection of the premises and a report indicating whether the premises are in compliance with applicable ordinances and regulations. 5.602(5) A separate license shall be required for each type of license sought. IS HEREWITH REPEALED. Section 13: Section 5.609 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Miscellaneous Businesses, which reads as follows, to-wit: 5.609(1) No person shall operate a food catering service, kennel, pet shop, miniature golf course, go kart track, gun shop or tatoo parlor without a license issued pursuant to the provisions of this chapter. 5.609(2) The Council may require license applicants under this section to provide a statement indicating whether the applicant or any of his employees or agents have been convicted of any crimes. Such requirement shall be a continuing one with respect to any new employees or agents of the applicant. Any conviction of a crime by the applicant or his agents or employees which bears any relevancy to the applicant's proposed business may be found by the Council to be grounds for denial of the license application or revocation or suspension of any existing license. .REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 24 5.609(3) NO licensee under this section may conduct business between the hours of 9:00 p.m. and 9:00 a.m. of the following day. Notwithstanding the foregoing, a food catering service and pet shop are excluded from these restrictions. 5.609(4) No license for a gun shop or tatoo parlor shall be issued to any applicant for a location within 500 feet of any public school or church. IS HEREBY AMENDED TO READ ,AS FOLLOWS: 5.609(1) No person shall operate a ~e~d-~~3--~i~-e, kennel, pet shop, m~a~e-~-~-ee~s~,-~3~t~~, gun shop ~ ~ae~-~e~without a license issued pursuant to the provisions of this chapter. 5.609(2) The Council may require license applicants under this section to provide a statement indicating whether the applicant or any of his employees or agents have been convicted of any crimes. Such requirements shall be a continuing one with respect to any new employees or agents of the applicant. Any conviction of a crime by the applicant or his agents or employees which bears any relevancy to the applicant's proposed business may be found by the Council to be grounds for denial of the license application or revocation or suspension of any existing license. 5.609(3) No licensee under this section may conduct business between the hours of 9:00 p.m. and 9:00 a.m. of the following day. Notwithstanding the foregoing, a food catering service and pet shop are excluded from these restrictions. 5.609(4) No license for a gun shop ~-~a~-~~ shall be issued to any applicant for a location within 500 feet of any ~B~e school or church. Section 13: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: October 14, 1996 October 28, 1996 October 28, 1996 Offered by: Seconded by: Roll Call: Jones Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Secretary to the City Council REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 25 b. First Reading of Ordinance No. 1335 Being an Ordinance Pertaining to Fences and Retaining Walls Construction The City Manager explained that this ordinance will eliminate the requirement for a building permit to install a fence except for fences six feet or higher. The elimination of required permits for fences under six feet will no longer require the City to locate property irons for homeowners and contractors thereby eliminating the liability the City has relative to fences. The ordinance will also simplify construction material requirements and construction standards. Councilmember Ruettimann had a question concerning a fence which may be placed on a deck. The Public Works Director will address this matter before the ordinance receives it second reading. Motion by Peterson, second by Jolly to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO.1335 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO CONSTRUCTION OF FENCES AND RETAINING WALLS The City of Columbia Heights does ordain: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence without securing a permit therefor from the Building Inspector who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than 42 inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 26 6.401 (3)The written application shall be submitted to the Building Inspector setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed' fence, and the exact location of the proposed fence. 6.401 (4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. A copy of the written agreement shall be filed with the application for permit. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his property by survey thereof to be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the city; provided, however, that such materials may be used below the fill line in retaining walls, free standing walls or other fences that are partially below ground. Minimum standards for construction of fences, free standing walls and retaining wall shall be prescribed hereinafter. 6.402 (2) The woven wire fence type shall be constructed in the following manner: (a) The fence shall be of a chain link type. (b) The fence shall be a minimum of eleven (11) gauge steel, with a two-inch maximum mesh. (c) The fence shall be constructed with fabric on the outside so that the unfinished side, if any, faces the property on which the fence is constructed. (d) The fabric shall have the knuckles up and the cut edge down. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 27 (e) Materials are required to be of a hot dipped galvanized nature or equal. (f) There shall be no greater that ten distance between posts. feet lineal 6.402 (3) The alternating board type (vertical, horizontal, or louver) shall be constructed in the following manner: (a) Boards of a dimension less than 13/16" by less that 3-1/4" will be prohibited. (b) Fences constructed of materials other than tamarack, cedar, cypress, or redwood will be treated with a weather preservative. (c) The minimum post dimensions required are 3-1/4" by 3- 1/4". (d) No greater than eight (8) feet Will be allowed for post spacing. (e) Fastening nails shall be two and one-half (2-1/2) inches long and other hardware shall be aluminum alloy or hot dipped galvanized or equal. (f) Fastenings made of corrosive metal shall not be used. (g) The fence shall be constructed with the supporting posts on the inside, when possible, so that the finished side does not face the property on which the fence is constructed. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) All walls, block or stone, shall be placed in four (4) inch concrete footing. The width shall be determined by the height of the wall. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 28 (e) The face of the wall shall be slanted back by no less than a 3 degree angle. (f) Drains shall be pla6ed in walls made of blocks or poured concrete at such levels as are determined by the Building Official. The Building Official shall also determine the number and distance between such drains. (g) The retaining wall or free standing wall shall be constructed with supporting posts and footings on the inside of the wall so that the finished side does not face the property on which the fence is constructed. (h) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this chapter. In the case of terraced walls or fences, each span of such terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this chapter and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this section and any fence existing at the time of the passage of this section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. 6.403 (3) A privacy fence may be constructed only if: (a) Ail property owners abutting said fence present a written agreement consenting to the approval of the same. (b) Any such fence to be constructed or maintained in the front yard of any corner lot will not obstruct vision from the adjacent streets of traffic approaching within thirty (30) feet as measured from the center of the adjacent intersection. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 29 The Building official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. (c) Any such fence will not be more than 42 inches high if constructed or maintained as follows: 1. In any front yard or near the side lot line of the property upon which such fence is to be constructed. 2. At any point which lies in the front and or to the side of any house built on property adjacent to the property upon which such fence is to be constructed. 3. At any point which lies in front and or to the side of any house on the lot upon which such fence is to be constructed. 6.403 (4) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing by said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. is hereby amended to read as follows: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence, (six) 6 feet or higher, without securing a permit therefore from the Building Inspector who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 30 (b) (c) A privacy fence is a fence more than forty-two (42) inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. Front yard is any portion within the front yard setback. 6.401 (3) The written application shall be submitted to the Building Inspector setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6'.401 (4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. A-eep~-e~he w~E~en-a~3~eeme~%-s~&t-t Be-{~Ee~-w~h-~e-~p~t%~et4~~Tm~e. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City. ame--~)e~a~l~--bet~w--~. Minimum standards for construction of fences, free standing walls and retaining walls shall be prescribed hereinafter. 6.402 (2) All fences shall be constructed of the following approved fencing materials: REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 31 (a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11-1/2) gauge, with two (2) inch maximum mesh, with knuckles up and cut edge down. (b) Approved vinyl fencing materials. (c) Treated wood or wood of natural materials resistant to decay. 6.402 (3) Ail fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four (4) inch concrete footing of appropriate width and drains of appropriate type, size and spacing. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable w~h-s~~-~s-~-~~s-~-~he-~e-~-~he em-wh~eh-~he-~e~ee-~s-ee~se~e~e~. (h) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence, to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 32 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. 6.403 (3) A six (6) foot or higher privacy fence may be constructed only if: (a) All property owners abutting said fence present a written agreement consenting to the approval of the same at time of submitting an application. (b) Any such fence to be constructed or maintained in the front yard of any corner lot will not obstruct vision from the adjacent streets of traffic approaching within thirty (30) feet as measured from the center of the adjacent intersection. The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. 6.403 (4) (c) Any such fence will not be more than forty-two (42) inches high if constructed anywhere within the front yard setback areas and/or if a corner lot, within the side yard setback areas on the corner side. 6.403 (5) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 33 This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 28, 1996 Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinance No. 1335 for November 12, 1996 at approximately 7:00 p.m. Roll call: All ayes C. First Readin~ of Ordinance No. 1336 Beina an Ordinance Conveying Real Estate Motion by Ruettimann, second by Peterson to waive the reading of Ordinance No. 1336 there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1336 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 721 51ST AVENUE NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto the Columbia Heights Economic Development Authority, Minnesota, a public body, corporate and politic, the real property described as follow, to wit: The North 3.6 acres of Lots 7 and 8, Auditor's Subdivision 51, city of Columbia Heights, Anoka County, Minnesota PIN # 26-30-24-11-0009 (portion) Section 2: The Mayor and city Manager are herewith authorized to execute a quit claim deed to effectuate the conveyance of said real estate for $360,000 contingent upon successful release/satisfaction of the LAWCON Grant encumbrance. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 28, 1996 Motion by Ruettimann, second by Peterson to schedule a second reading of Ordinance No. 1336 for November 12, 1996 at approximately 7:00 p.m. Roll call: All ayes 'REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 34 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances There were no other ordinances or resolutions. B. Bid Consideratio~ 1) Authorize Staff to Seek Informal Bids Motion by Peterson, second by Ruettimann to authorize staff to seek informal bids for the purchase of t-shirts, caps, uniforms and equipment. Roll call: All ayes 2) Award Ouote for Sanitary Sewer Repairs The Council authorized staff to seek quotes for the sanitary sewer repairs on Third Street between 37th and 38th Avenues; Fourth Street between 41st and 42nd Avenues; and, 43rd Avenue between Pierce Street and McLeod. Motion by Jolly, second by Jones to award the sanitary sewer repairs on Third Street, Fourth Street and 43rd Avenue (Bid A) to F.M. Frattalone Excavating of Little Canada, Minnesota, based upon their low, qualified responsible quote in the amount of $21,200.00 with funds to be appropriated from Fund 652-49499-5130, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes Co Other Business 1. Murzyn Hall Incident/H~ne_vwell Contract The City Manager reviewed the incident with the boiler at Murzyn Hall. He sent a letter to Honeywell regarding its contract with the City. There were some areas of concern regarding compliance with the contract which needs clarification. The City Attorney will review the contract as staff is not sure services supplied by Honeywell are meeting the requirements of the contract. There are four years remaining on the contract. Staff does not want the incident with the boiler repeated as it had the potential for signifi6ant damage. The City Manager noted that three pieces on the boiler were defective and would be replaced. REGULAR COUNCIL MEETING OCTOBER 28, 1996 PAGE 35 Honeywell staff did not appear to be too interested in determining which of these three pieces failed. The city Manager insisted they follow up with an investigation and report their findings to him so he can review them with the City Council. Councilmember Jolly was advised that the three parts would be replaced. He also felt a review should be done to identify which part failed and why. The Councilmember noted he wished to be included in the meeting with Honeywell employees. Honeywell records indicate that Murzyn Hall had been inspected by their employees in July of this year. The State inspectors will be inspecting the boiler and will follow up on the Honeywell inspection as well. Councilmember Ruettimann requested that information be gotten from staff in all buildings monitored by Honeywell. The information should include control problems being experienced, hot and cold spots in the buildings and any trouble spots. Administrative Reports A. Report of the City Manager The City Manager drafts an information sheet on a weekly basis which includes reports from all city departments. This sheet is distributed to members of the City Council and city employees. He had no additional information to report. Councilmember Ruettimann inquired about the schedule being kept on the LaBelle Pond project. The Public Works Director responded that rain has slowed the schedule down somewhat. Staff is currently looking at unique ways to clean the pond. Riprap is being used on the inlets into the pond° Councilmember Jolly requested an update on the sewer project at Sullivan Lake. The Public Works Director advised that this project was completed last week. The wrap-up this week will include filming the project which was also done before it commenced. He invited members of the Council to view the completed project. Councilmember Ruettimann asked if Public Works staff is working on the graffiti problem being experienced in the City. The Public Works Director noted that a two-person crew is working on graffiti removal on almost a daily basis. .REGULAR CouNCIL MEETING OCTOBER 28, 1996 PAGE 36 There are reports made daily to the Police Department regarding this.problem. Property owners are also being advised of a product which can be used to which paint won't adhere. The Public Works Director will again contact Anoka County to advise them of the graffiti at Kordiak Park. This has been a particularly troublesome area. 10. 11. General Council Communications Minutes from the following meetings were included in the agenda packet: October 9, 1996 Economic Development Authority meeting October 1, 1996 Library Board of Trustees meeting October 15, 1996 Library Board and City Council budget meeting Citizens Forum There was no one present for Citizens Forum. Adjournment Motion by Ruettimann, second by Peterson to adjourn the meeting at 7:30 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: November 12, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER 4 APPROVAL NO: Fire ITEM: Establish Hearing Date BY: Lowell DeMars .t~] BY i License Revocation, Rental Property ' NO: & ~{~ c~- ) DATE: Oct 31, 1996 DATE: 0 Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following property owners regarding their rental properties for failure to meet the requirements of the Housing Maintenance Code. 1) 2) 3) Kurt Loewenthal ........................... 1407 Circle Terrace NE Kunal Kamran ............................ 2215 NE 45th Avenue Alexander Cajucom ......................... 4506 Fillmore Street NE RECOMMENDED MOTION: Move to Establish a Hearing Date of December 2, 1996 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights Against the Above- Named Property Owners Regarding their Rental Property. 96-170 COUNCIL ACTION: J CITY COUNCIL LETTER Meeting of: 11/12/96 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO. PUBLIC WORKS ITEM: FINAL PAYMENT FOR ESTABLISHING BY: M. Winson ~t~~klT/~kO i~}i.E~~/~ NO. LABELLE PARK EAST PROPERTY LINE DATE: 11/4/96 : Attached is an invoice for setting Registered Land Surveyor's Monuments establishing the east property line of LaBelle Park. The work has been completed as is being presented to the City Council for acceptance and final payment. RECOMMENDED MOTION: Move to accept the work establishing LaBelle Park East Property Line and to authorize f'mat payment of $3,500.00 to Egan, Field and Nowak, Inc. MAW:jb 96-578 Attachment COUNCIL ACTION: EGAN, FIELD & NOWAK, INC, 7415 WAYZATA BOULEVARD MINHEAPOLI5 MINNESOT~55426 -- FAX: (612) ~6~39 CITY OF COLUMBIA HEIGHTS ATTN:KATHYJEAN K. YOUNG 637 38TH AVENUE NE COLUMBIA HEIGHTS MN 55421 1334 ItW-VOICE NO: 23616 DATE: 09/30/96 PAGE: 1 BILLING PERIOD THRU 09/30/96 JOB NLTMBER: 23616 DESCRIPTION: CITY OF COLU1MBIAHEIGHTS ESTABLISH PROPERTY CORNERS AND ANGLE POINTS ON THE REAR LINE OF CIRCLE TERRACE SURVEYING SERVICES RENDERED: TOTAL AMOUNT DUE $3,500.00 PLEASE INCLUDE INVOICE NI3MBER ON YOUR CHECK, THANK YOU! THERE WILL BE 1 1/2% SERVICE CHARGE PER MONTH ON ALL ACCOUNTS OVER 30 DAYS. 18% ANI~UALLY. 60 DAYS A~TER RECEIPT OF INVOICE. CITY COUNCIL LETTER Meeting of: 11/12/96 AGENDA SECTION: C 0 N S E NT ORIGINATING DEPARTMENT: CITY MANAGER NO. 4 PUBLIC WORKS ITEM: FINAL PAYMENT FOR MILL STREET BY: M. Winson BY: NO. RECONSTRUCTION - MUNICIPAL PROJECT DATE: 11/4/96 DA #9229 The majority of the reconstruction work was done by the end of 1995. The punch list work was completed in early summer of 1996. There was a delay by the contractor in submitting the request for Final Payment. Staff recommends acceptance of work and final payment to the contractor. RECOMMENDED MOTION: Move to accept the work for Mill Street Reconstruction, Municipal Project No. 9229 and to authorize payment of $34,915.54 to Driveway Design, Inc. of Plymouth, Minnesota. MAW:jb 96-573 COUNCIL ACTION: PAGE 1 CITY OF COLUMBIA HEIGHTS, MN FINAL PAYMENT MILL STREET RECONSTRUCTION S.A.P. #113-120-01 MUNICIPAL PROJECT #9229 DRIVEWAY DESIGN 4810 W. MEDICINE LAKE DR. PLYMOUTH, MN 55442 NO. DESCRIPTION QUANTITY UNIT 1 REMOVE CONCRETE CURB & GUTTER 2 REMOVE CONCRETE CURB 3 REMOVE CONCRETE PARKING STOP 4 REMOVE CONCRETE WALK- 4" 5 REMOVE CONCRETE WALK- 6" 6 REMOVE CONCRETE DRIVEWAY PAVEMENT (INC. APRON) 7 REMOVE BITUMINOUS PAVEMENT (STREET) 8 REMOVE BITUMINOUS PAVEMENT (PARKING LOT) 9 REMOVE BITUMINOUS PAVEMENT (DRIVEWAY) 10 REMOVE BITUMINOUS SIDEWALK 11 REMOVE SEWER PIPE (STORM) 12 REMOVE WATER MAIN 13 REMOVE MANHOLE 14 REMOVE CATCH BASIN 15 REMOVE HYDRANT LEAD 16 REMOVE SIGN 17 SAWING CONCRETE PAVEMENT (FULL DEPTH) 18 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 19 SALVAGE CASTING (MANHOLE) 20 SALVAGE CASTING (CATCH BASIN) 21 SALVAGE GATE VALVE AND BOX 22 SALVAGE HYDRANT &VALVE 23 COMMON EXCAVATION 24 GRANULAR BORROW (L.V.) 25 TOPSOIL BORROW (L.V.) 26 AGGREGATE BASE CLASS 5 27 TYPE 41 WEARING COURSE MIXTURE 28 TYPE 41 BINDER COURSE MIXTURE 29 TYPE 31 BASE COURSE MIXTURE 30 IRREGULAR WIDTH PAVING (PARKING LOT, DRIVE & WALK) 31 BITUMINOUS MATERIAL FOR TACK COAT 32 CONDUIT ENCASEMENT 33 AGGREGATE BEDDING (L.V.) 34 CRUSHED ROCK, CA-5 35 8" PVC PIPE SEWER 36 12" RC PiPE SEWER CLASS III 37 15" RC PIPE SEWER CLASS I11 38 WATER SERVICE DETERMINATION 39 6" GATE VALVE & BOX 40 6" X 6" TEE FITTING 41 6" SLEEVE 42 HYDRANT WITH VALVE & LEAD 43 1" CORPORATION STOP 44 1" CURB STOP & BOX 45 RELOCATE CURB STOP AND BOX 46 1" TYPE K COPPER 47 6" WATERMAIN - DUCTILE IRON CL 52 48 CONSTRUCT MANHOLE DESIGN F - TYPE B 2,596 L.F. 240 L.F. 132 L.F. 3,2OO S.F. 6,000 S.F. 467 S.Y. 5,42O S.Y. 777 S.Y. 118 S.Y. 100 S.Y. 106 L.F. 23 L.F. 6 Ea. 4 Ea. 2 Ea. 3 Ea. 0 LF. 617 L.F. 4 Ea. 2 Ea. 0 Ea. 2 Ea. 3,149 C.Y. 100 C.Y. 300 C.Y. 2,300 Ton 445 Ton 445 Ton 2,255 Ton 210 S.Y. 320 Gal. 12 C.Y. 0 C.Y. 0 Ton 32 L.F. 84 L.F. 53 L.F. 0 Ea. 2 Ea. 1 Ea. 2 Ea. 2 Ea. 0 Ea. 0 Ea. 0 Ea. 0 L.F. 23 L.F. 6 Ea. UNIT PRICE $2.50 $2.50 $1o.oo $o.7o $1 .oo $9.oo $1.5o $2.oo $2.oo $5.oo $14.20 $14.20 $426.OO $285.oo $170.00 $2o.oo $8.oo $2.5o $56.oo $67.00 $426.00 $475.00 $7.oo $5.oo $1o.oo $6.5o $27.00 $24.00 $22.00 $12.00 $1.5o $100.00 $21.90 $15.1o $43.90 $33.45 $36.00 $325.OO $85o.oo $665.00 $155.oo $2,84O.OO $138.00 $197.00 $8Ol .oo $19.40 $41.05 $2,5oo.oo TOTAL $6,490.00 $6OO.OO $1,32O.OO $2,24O.OO $6,000.00 $4,2O3.OO $8,130.00 $1,554.00 $236.00 $5OO.OO $1,505.20 $326.60 $2,556.00 $1,140.00 $340.00 $6o.oo $o.oo $1,542.5O $224.OO $134.00 $o.oo $95o.oo $22,043.00 $5OO.OO $3,000.00 $14,950.00 $12,015.00 $10,680.00 $49,610.00 $2,520.00 $48o.oo $1,2OO.OO $o.oo $o.oo $1,404.80 $2,809.80 $1,908.00 $o.oo $1,700.00 $665.OO $310.00 $5,68o.oo $o.oo $o.oo $o.oo $o.oo $944.15 $15,ooo.oo PAGE 2 NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 49 CONSTRUCT CATCH BASIN DESIGN SPECIAL 50 CASTING ASSEMBLY (CATCH BASIN) 51 INSTALL SALVAGED MANHOLE CASTING ASSEMBLY 52 INSTALL SALVAGED CATCH BASIN CASTING ASSEMBLY 53 4" CONCRETE WALK 54 4" CONCRETE WALK (EXPOSED AGGREGATE) 55 6" CONCRETE WALK 56 6" CONCRETE WALK (EXPOSED AGGREGATE) 57 8" CONCRETE WALK 58 8" CONCRETE WALK (EXPOSED AGGREGATE) 59 CONCRETE CURB & GUTTER DESIGN B618 60 CONCRETE C & G DESIGN B618 (MODIFIED - DOWELS) 61 CONCRETE C & G DESIGN B618 (MODIFIED - STEP) 62 CONCRETE CURB DESIGN B6 63 CONCRETE CURB DESIGN V6 64 6" CONCRETE DRIVEWAY PAVEMENT (INC. APRON) 65 8" CONCRETE DRIVEWAY PAVEMENT (INC. APRON) 66 ELECTRIC LIGHTING SYSTEM - STREET 67 ELECTRIC LIGHTING SYSTEM - PARK 68 6" RIGID STEEL CONDUIT 69 INSTALL SIGN 70 RELOCATE SIGN 71 4" SOLID LINE WHITE- PAINT (TURN LANE) 72 6" SOLID LINE WHITE - PAINT (PARKING) 73 8" CROSS WALK LINE WHITE - PAINT 74 16" STOP LINE WHITE - PAINT 75 4" BROKEN LINE YELLOW - PAINT (15' STRIPE - 25' SPACE) 76 6" SOLID LINE YELLOW - PAINT (NO PARKING) 77 12" SOLID LINE YELLOW - PAINT (NO PARKING AREA) 78 PAVEMENT MESSAGE (HANDICAPPED SYMBOL) - PAINT 79 PAVEMENT MESSAGE (PED-XING) - PAINT 80 SIGN SUPPORT (STOP SIGN) 81 R7-6 SIGN (12" X 18") W/POST "NO PARKING LOADING ZONE 82 R7-8a SIGN (12" X 18") W/POST (DISABLED PARKING) 83 R7-8b SIGN (12" X 6")"VAN ACCESSIBLE" 84 W11A-2 SIGN (30" X 30") W/POST (PED XING PICTURE) 85 SP-2P SIGN (24"X 18") (ARROW) 86 HANDHOLE 87 MAPLE, SUPER FORM 3" CAL B&B 88 SOD TYPE LAWN 4 Ea. $1,850.00 $7,400.00 6 Ea. $315.00 $1,890.00 6 Ea. $56.00 $336.00 1 Ea. $56.00 $56.00 2,899 S.F. $2.45 $7,102.55 118 S.F. $5.50 $649.00 7,513 S.F. $3.05 $22,914.65 895 S.F. $4.85 $4,340.75 419 S.F. $3.65 $1,529.35 656 S.F. $5.25 $3,444.00 2,037 L.F. $6.95 $14,157.15 392 L.F. $13.20 $5,174.40 826 L.F. $15.70 $12,968.20 62 LF. $22.00 $1,364.00 36 L.F. $21.45 $772.20 76 S.Y. $27.50 $2,090.00 337 S.Y. $34.10 $11,491.70 1 L.S. $60,073.00 $60,073.00 1 L.S. $5,174.00 $5,174.00 150 L.F. $50.00 $7,500.00 2 Ea. $95.00 $190.00 I Ea. $95.00 $95.00 31 L.F. $0.50 $15.50 470 L.F. $0.90 $423.00 341 L.F. $1.65 $562.65 64 L.F. $1.95 $124.80 1,121 L.F. $0.55 $616.55 423 L.F. $1.00 $423.00 210 L.F. $1.10 $231.00 2 Ea. $11.00 $22.00 2 Ea. $82.50 $165.00 I Ea. $165.00 $165.00 I Ea. $105.00 $105.00 4 Ea. $105.00 $420.00 1 Ea. $11.00 $11.00 2 Ea. $165.00 $330.00 2 Ea. $30.00 $60.00 3 Ea. $600.00 $1,800.00 2 Tree $500.00 $1,000.00 1,995 S.Y. $7.15 $14,264.25 TOTAL BID COMPLETED TO DATE MINUS PREVIOUS PAYMENT $378,921.75 ($344,006.21) $34,915.54 TOTAL DUE I hereby certify to the City Council of Columbia Heights that I have been in charge of the work required by the above contract;~at all wor~has been done and performed as measured by and in accordance with and pursuant to the te~.uu~. Dat/~'¢ MariA. Winson, P.E. Reg. No. 18829 I accept t_.h~above payment as final for the work done under this contract. CITY COUNCIL LETTER Meeting of: 11/12/96 AGENDA SECTION: C ON $ E NT & ORIGINATING DEPARTMENT: CITY MANAGER NO. /4 PUBLIC WORKS ITEM: FINAL PAYMENT FOR RE-ROOF BY: M. Winson~- BY: NO. OF PRESTEMON PARK BUILDING -'N DATE: 11/4/96 DATE: PROJECT #9604 Z-~t..,-4~ ~' Attached is an invoice for Municipal Project #9604 Re-roof of Prestemon Park Building. The work has been completed as is being presented to the City Council for acceptance and final payment. In addition to re-roo£mg the park building, minor vent pipe modifications were done and aluminum soffit and facia was installed. RECOMMENDED MOTION: Move to accept the work for Municipal Project #9604, Re-roof of Prestemon Park Building and to authorize final payment of $4,776.00 to Milton Johnson Roof'mg of Minneapolis, Minnesota. MAW:jb 96-574 Attachment COUNCIL ACTION: YBE, Inc. dba M.L. JOHNSON 525 Lowry Ave. N.E. l~'meapol~, MN 55415 CO. RECEIVED OCT 2 t 1996 PUBLIO WORKS DATE 10/18/96 Invoice INVOICE NO. 230/96 BILL TO City of Columbia Heights 637 38th Ave. N. E. Columbia Hts., MN 55421 JOB ADDRESS Prestemon Park Bldt~ 39th Ave. & McKinley St N. E. Columbia Hts., MN 55421 Roof ITEM DESCRIPTION Reroof, soffit, fascia and vent stacks TERMS Due on receipt AMOUNT 4,776.00 All work is complete! Total $4,776.00 CITY OF COLUMBIA HEIGHTS Meeting of: November 12, 1996 AGENDA SECTION: CONSENT t- ORIGINATING DEPT.: CITY MANAGER NO: /~ ~ Commo Devel. Dept. ,~ APPROVAL ITEM: CONSIDER SITE LEASE AGI~EI~NT BY: Tina Goodro WITH APT FOR PARKVlEW VILLA NORTH DATE: Nov. 5, 199 ~/ BY: ~ t'//> Attached is the draft Site Lease Agreement between the Columbia Heights Economic Development Authority (EDA) and American Portable Telecom (APT) Minneapolis, Inc. which is a corporation organized and existing under the laws of Delaware. The Site Lease Agreement has been prepared based upon the executed Site Lease Agreement adopted between the City of Columbia Heights and Sprint for the antenna to be constructed on the Columbia Heights water tower. The enclosed Site Lease Agreement has been modified to reflect the new property description at Parkview Villa North as well as some minor revisions in terms and text to reflect the new location and new contractor. The Site Lease Agreement includes the following major points: 1) The EDA shall receive an annual rent in the amount of $12,000 which shall be increased the greater of 4% per year or the previous years consumer price index. 2) The lease term is an initial 5 year term with 3 renewable 5 year periods. 3) The construction shall consist of an antenna array to be located on the Penthouse of the 9 story Parkview Villa North facility. 4) The lease includes a provision that the antenna array will be screened from public view and painted a color similar to the existing building materials. 5) An additional provision has been included in the Site Lease Agreement to allow for a substitution of rent monies to be paid by APT to the EDA in the event that HUD should change its existing policy allowing the contribution or donation of monies on HUD properties for this purpose. In the event there should be a change in the HUD policy, the EDA could receive, under the terms of this agreement, a payment of goods or services in lieu of said rent money, i.e. van, furnishings, etc. At the EDA meeting October 30, 1996 the Site Lease Agreement and resolution approving the Site Lease Agreement between the EDA and American Portable Telecom (APT) Minneapolis, Inc. was unanimously approved. The only change was to section 2b where the EDA will require annual payments each year with 4% interest instead of four (4) quarterly installments paid each year. MOTION: Move to approve the Site Lease Agreement between the Columbia Heights Economic Development Authority and American Portable Telecom (APT) Minneapolis, Inc. in order to install directional antennas and equipment on Parkview Villa North. CITY COUNCIL ACTION: \bt\edltr TABLE OF CONTENTS o 7. 8. 9. t0. 1t. Page Leased Premises ............................................................................................................. I Rent ................................................................................................................................ 1 (a) Amount, Adiustments ........................................................................................ 1 CO) Time of Payment. Taxes .................................................................................... Governmental Approval Contingency ........................................................................... 2 (a) Tenant Application ............................................................................................. 2 (b) Interference Smdv .............................................................................................. 2 (c) Non-Approval .................................................................................................... 2 Term and Renewals ........................................................................................................ 2 Tenant's Use ................................................................................................................... 3 (a) O) (c) (e) (f) (g) (h) Purposes ............................................................................................................. 3 Construction ....................................................................................................... 3 Operation ............................................................................................................ 3 Maintenance, Improvement Expenses ............................................................... 3 Replacements ..................................................................................................... 4 No Interference ................................................................................................... 4 Access ................................................................................................................ 4 Payment of Utilities ........................................................................................... 4 Emer=encv Facilities ...................................................................................................... 4 Intentionally Omitted ..................................................................................................... 4 Intentionally Omitted ..................................................................................................... 4 Intentionally Omitted ..................................................................................................... 4 Defense and Indemnification ......................................................................................... 4 (a) General ............................................................................................................... 4 Co) Hazardous Materials .......................................................................................... 5 (c) Tenant's Warranty .............................................................................................. 5 (d) Landlord's Warranty .............. , ............................. i .............................................. 5 Insurance (a) Workers' Compensation .......................... ~ .......................................................... 5 (b) Oeneral Liability ................................................................................................ 5 (c) Tenant Property Insurance ................................................................................. 6 t2. 13. 14. 15. 16. t7. 18. t9. 20. 21. 22. 23. 24. 25. 26. 27. (d) (e) (0 (g) Page Landlord's Insurance .......................................................................................... 6 Adiustment to Insurance Coverage Limits ......................................................... 6 Additional Insured - Certificate of Insurance ..................................................... 6 Waiver of Subrogation ....................................................................................... 6 Darnaze or Destruction .................................................................................................. 6 Lease Termination .......................................................................................................... 7 (a) Events of Termination ........................................................................................ 7 (b) Notice of Termination ........................................................................................ 7 (c) Tenant's Liabiliw for Early Termination ............................................................ 7 (d) Site Restoration .................................................................................................. 7 Intentionally Omitted ..................................................................................................... 8 Temporary Interruptions of Service ............................................................................... 8 Tenant Interference ........................................................................................................ 8 (a) With Structure .................................................................................................... 8 (b) With Higher Prioriw Users ................................................................................ 8 (c) Interference Smd,/- New Occupants ................................................................. 8 (d) Interference - New Occupants ............................................................................ 9 Assim'Lrnent .................................................................................................................... 9 Condemnation ................................................................................................................ 9 Intentionally Omitted ..................................................................................................... 9 Enforcement and Attorneys' Fees ................................................................................... 9 Notices .......................................................................................................................... 10 Author/tv ....................................................................................................................... 10 Binding Effect ............................................................................................................... 10 Complete Lease: Amendments ..................................................................................... 10 Governing Law ........................................... ; ............ , .................................................... 10 Severability. ................................................................................................................... 10 Memorandum o f Am:eement..., ..................................................................................... 11 28. 29. .Page Counterparts .................................................................................................................. 11 Rental Substitution ............................................................................... 1 ! iii Site Name: Parkview Villa Site Number: A10048 SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ("Lease"), made this ~ day of ,1996, between Columbia Heights Economic Development Authority ("Landlord"), and APT Minneapolis, Incorporated, a corporation organized and existing under the taws of Delaware ("Tenant"). FOR GOOD AND VALUABLE CONSIDERATION, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property located at 965 40m Avenue NE, Columbia Heights, County of Anoka, State of Minnesota, legally described in Exhibit A attached hereto, consisting of approximately 250 square feet of rooftop space ("the Property"), as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord together with appurtenant easements and access rights ("Leased Premises"). 2. Rent. a. Amount. Adiustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of Twelve Thousand Dollars ($12,000.00) for the initial year, which shall be increased each year on January 1, by the greater of: (i) four percent (4%) of the previous year's annualized rental, or (ii) by an amount equal to the increase in the Consumer Price Index ("CPI"). The CPI shall mean the "Consumer Price Index for All Urban Consumers, Alt Cities, All Items (1984 = t00)" as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage fixture shall be multiplied by the previous year's rent (annualized for the first year, see paragraph 4 below). b. Time of Payment. Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December t of each year. The rental shall be paid annually in advance beginning ten (10) days after the Commencement Date for the first year and thereafter on the First (1st) day of January. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. 3. Governmental Approval Contingency. a. Tenant Application. Tenant's righ~ to use the Leased Premises is expressly made contingent upon its obtaining all the certificates,-permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering study specified in subparagraph 3(b) below on the Property to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. b. Interference Study. Before obtaining a building permit, Tenant must perform a radio frequency interference study showing that Tenant's intended use will not interfere with any existing communications facilities and an engineering study showing that the building is able to support the Tenant's antenna facilities, as defined in subparagraph 5(b), without adversely affecting the City's use of the property. This radio frequency interference study shall be performed by an independent radio consultant, approved by Tenant and Landlord, which approval shall not be unreasonably withheld or delayed, and shall be the final authority relating to interference studies. The independent radio consultant must be a registered electrical professional engineer in the State of Minnesota. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the property, Landlord may terminate this Lease immediately and refund any initial rental payment to Tenant. c. Non-Approval. In the event that any application necessary under subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, or if an interference or engineering study, whether conducted pursuant to subparagraph 3(b) above or otherwise, should indicate, in Tenant's sole discretion, that the Leased Premises are unsatisfactory for Tenant's intended use, Tenant shall have the right to terminate this Lease and be reimbursed for any rental payment previously made. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under subparagraph 13(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4. Term and Renewals. The "Initial Term" of this Lease shall commence on the date on which all conditions precedent detailed in E,'dzibit C have been met ("Effective Date") and end on December 31 of the fifth calendar year of the Lease. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year' renewal periods ("Renewal Term") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non-renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with paragraph 21 of this Lease. 5. Tenant's Use. -2- a. Proposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a Landlord-approved (which approval shall not be unreasonably withheld or delayed) communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. This use shall be non-exclusive, and Landlord specifically reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leases Premises. Tenant's communications antenna facility shall consist of antennas at a Landlord-approved location (which approval shall not be unreasonably withhetd or delayed), along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ("Antenna Facilities"). Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. b. Construction. Tenant may erect and operate an antenna array in accordance with its submitted application attached as Exhibit "B". If Tenant seeks to increase the number of antennas, it must first perform an evaluation carried out by an independent registered electrical professional engineer in the State of Minnesota approved by Tenant and Landlord, which approval shall not be unreasonably withheld or delayed, demonstrating that each additional antenna will not interfere with existing antennas or with proposed antennas with a higher priority, and that the building can structurally support the additional antennas. Landlord must consent to installation of additional antennas, such consent will not be unreasonably withheld or delayed. Tenant agrees, at its sole expense, to install a "screening" surrounding the exterior part of the antenna array for esthetic purposes, which shall also be painted to match the building and be subject to Landlord approval. c. .Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with good engineering practices with al1 applicable FCC rules and regulations. Tenant's installation of all Antenna Facilities shatl be done according to plans approved by Landlord, which approval shall not be unreasonably withheld or delayed. Any damage done by Tenant, its employees or agents to the Leased Premises or other Landlord property during installation or during operations, shall be repaired at Tenant's expense within thirty (30) days after notification of damage. The Antenna Facilities shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease. d. Maintenance. Improvement Expenses. All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's Property adjacent to the Leased Premises, and secured by Tenant. e. Replacements. Before the Tenant may update or replace the Antenna Facilities, Tenant must notify and provide a detailed proposal to Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacement, including, but not limited to, a -3- technical study carried out at Tenant's expense. Landlord may not unreasonably withhold or delay approval. f. No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner reasonably suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Property. g. Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. h. Pa.vrnent of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. 6. Emergency Facilities. In the event of a natural or manmade disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary, basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed ninety (90) days unless Tenant obtain written approval from the Landlord. 7. Intentionally Omitted. 8. Intentionally Omitted. 9. Intentionally Omitted. 10. Defense and Indemnification. a. General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and alt claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation arising out of the use and occupancy of the Leased Premises by Tenant, and which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except to the extent that the same arise from the negligence, willful misconduct, or other fault or Landlord. Landlord agrees to defend, indemnify and hold harmless Tenant and its officers, employees, agents, and representatives from and against any'and all 'claims, costs, losses, expenses, demands, actions or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Tenant or for which Tenant may be liable in the performance of this Lease to the extent caused by the negligence, willful misconduct or other fault of Landlord. b. Hazardous Materials.- Without limiting the scope of subparagraph t0(a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorneys' fees and costs, ar/sing out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials. Without limiting the scope of subparagraph 10(a) above, Landlord will be solely responsible for and will defend, indemnify and hold Tenant, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorneys' fees and costs, arising out of or in connection with the existence of Hazardous Materials on the premises (other than any Hazardous Mater/als used by Tenant or introduced to the Leased Premises by or at the direction of Tenant, its agents or employees). For the purposes of this Lease, "Hazardous Mater/als" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. c. Tenant's Warranty. Tenant represents and warrants that other than with respect to the use of storage batteries and other Hazardous Materials used in the ordinary course of Tenant's business in accordance with applicable laws, its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty-four (24) hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. The obligations of this paragraph t0 shall survive the expiration or other termination oft his Lease. d. Landlord's Warranty. Landlord represents and warrants that it is not aware of the existence of any Hazardous Materials on the Leased Premises or the Property. The obligations of this paragraph 10 shall survive the expiration or other termination of this Lease. 11. Insurance. a. Workers' Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. b. General Liabili_ty. The Tenant must maintain an occurrence form commercial general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property, damage -- broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, and products/completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $1,000,000 general aggregate, and $1,00.0,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. -5- Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. c. Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. d. Landlord's Insurance. Landlord shall maintain commercial general liability insurance insuring Landlord against liability for personal injury, death or damage arising out of Landlord's ownership, use or management of the Property by Landlord, its employees or agents, with combined single limits of not less than $1,000,000. Landlord shall also maintain fire and extended coverage insurance insuring the Property for its full insurable value (subject to reasonable deductibles). e. Adiustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by the greater of the Consumer Price Index as calculated under paragraph 2(a) or ten percent (10%). f. Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A+ or better), licensed to do business in the State of Minnesota, which includes att coverages required in this paragraph 11. Tenant ,,vill name the Landlord as an Additional Insured on the General Liability Policy. The Certificate(s) shall also provide the coverage may not be canceled, or non-renewed without thirty, (30) days prior written notice to the Landlord. g. Waiver of Subrogation. Notwithstanding anyth/ng in this Lease to the contrary, each party releases the other party from all liability, whether for negligence or otherwise, in connection with any loss covered by any policies which the releasing party carries with respect to such property, but only to the extent that such Ioss is collectible under such insurance policies. Any policy required to be obtained pursuant to this Lease shall contain a waiver of subrogation in favor of the other party hereto. 12. Damage or Destruction. If the Leased Premises is destroyed or damaged, so as, in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon th/try (30) days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. 13. Lease Termination. a. Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sLxty (60) days' written notice to the other party as follows: (i) By either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); and (ii) By Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; and (iii) By Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong. b. Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. Alt rentals paid for the Lease prior to said termination date shall be retained by Landlord. c. Tenant's Liability for Early Termination. If Tenant terminates this Lease other than for cause or of fight as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 100% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under paragraph 4 and Tenant has paid the armual rental for that year. d. Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shai1 have sixty (60) days from the termination or expiration date to remove its Antenna Facilities and related equipment from the Leased Premises and repair the site. In the event that Tenant's Antenna Facilities and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord, and Tenant shall have no further rights thereto. Tenant has notified the Landlord that the following entities have an interest in the Antenna Facilities and related equipment because of financing arrangements: ' If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Antenna Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within thirty (30) days. 14. Intentionally Omitted. -7- 15. Temporary Interruptions of Service. If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency emissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taldng the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the negligence or willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than three (3) days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without payment of a termination fee. 16. Tenant Interference. a. With Property. Tenant shall not interfere with Landlord's use of the Property and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three (3) business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate fight to terminate this Lease for cause and without payment of a term/nation fee. b. With HiCher Priority Users. If Tenant's Antenna Facilities cause impermissible interference with pre-existing tenants, Tenant shall take att measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately without termination fee to Tenant. c. Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide Landlord within sixty (60) days the radio frequencies currently in operation or anticipated by Tenant to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary, interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies. d. Interference - New Occuvant.q. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, -8- party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees further that any future lease of the Leased Premises Area will prohibit a user from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease for cause without termination fee or seek injunctive relief against the interfering occupant, at Tenant's expense. 17. Assignment. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except to Tenant's affiliates. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld. For purposes of this paragraph, an "affiliate" means an entity that controls, is controlled by or under common control with Tenant. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity, which provides financing for the purchase of the equipment to be installed at the Leased Premises. 18. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In the event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the tatting, and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities and leasehold improvements. 19. Intentionally Omitted. 20. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall bring a claim to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 21. Notices. Ail notice hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: -9- If to Tenant, to: American Portable Telecom Real Estate Department P.O. Box 31793 Chicago, IL 60631-0793 with a copy to: APT Minneapolis, Inc. 1701 E. 79th Street Suite 19 Bloomington, MN 55425 22. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 23. Bindin~ Effect. This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigr~s of the parties hereto. 24. Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties hereto. 25. Govemin~ Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 26. Severabilitv. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 27. Memorandum of Am'eement. Landlord shall contemporaneously herewith execute and acknowledge and deliver to Tenant for recording a Memorandum of this Agreement ("Memorandum") in the form of Exhibit "D." 28. Counterparts. This Agreement may be signed in counterparts by the parties hereto. 29. Rental Substitution. If, at any time in the future, the Del~artment of Housin~ and Urban Development ("HUD") requires that Landlord share, contribute or donate any of Se monies it receives from Tenant under this A~reement. the Landlord and Tenant hereby a.m:ee that APT will -10- thereafter, instead of paving cash rent and an+' required expenses, wilt pay Landlord with ~oods or services in k/nd in lieu of said rental or expense money. -ll - iN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: CITY OF COLUMBIA HEIGHTS By: Mayor By: Its: City Manager TENANT: APT MINNEAPOLIS, INC., a Delaware corporation By: Its: STATE OF ~MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this 1996, by and the City Manager, respectively, of the City of corporation. __day of , the Mayor and , on behalf of the Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this 1996, by , the APT Minneapolis, Inc., a Delaware corporation, on behalf of the corporation. day of 'Notary Public -12- SITE EXttIBIT "A" TO LEASE AGREEMENT Legal Description of Property PROPERTY IDENTIFICATION NUMBER: 36-30-24-32-0003 The East 40 feet of the South One-Half of Lot 16, the South One-Half of Lot 15, the South 241 feet of Lot 14; that part of the South One-Half of Lot 13, lying Northwesterly of the following described line: Beginning at the Northeast comer of the said South One-Half of Lot 13; thence Southwesterly to a point on the South line of said Lot 13; said point being 2 feet Easterly of the Southwest comer of said Lot 13; the East 10 feet of Lot 39 and aH of Lots 40, 41, 42, 43, and the West One-Half of Lot 44, all in Block 5, Reservoir Hills, Anoka Coanty, Minnesota. EXiHIBIT "B' TO SITE LEASE AGREE,~ENT SU-mJECT ? KCPE.:rI". f 4.0 TM GOUL~D APT TITLE: NORTH z~ ~OUTH az-z~-~ ~UOR D~IEL s ~ SiTE NO.: g~ 4OTH A~. ~,E. ~ ~ ~ APT EAST AND WEST , ~-~-~ ~LUCR O~NIEL ~ ~ 044652.t0 C~Ut,~IA H,E~ilS ~ ~ ~. ...~:~.i~ en 0048 APT SITE EXHT~IT "C" TO LEASE AGREEMENT Conditions Precedent All permits from all local or federal land use jurisdictions for the intended use. All local airspace authorities and FAA determination of no hazard to airspace. FCC authorization to utilize this location for the intended use. APT's technical reports must establish to its exclusive satisfaction that the property is capable of being suitably engineered to accomplish APT's intended use of the Property. This document drafted by: EXI-IIBIT "D" TO SITE AGREEM~ENT 1VEEMORANDUB/I OF AGREEMENT THIS MEMORANDUM evidences that a Site Agreement was made and is hereby entered into by written Site Agreement effective the ._ day of , 1996, between City of Columbia Heights ("Owner") whose address is as set forth below and APT Minneapolis, Inc., a Delaware corporation ("APT"), whose address is 8410 West Bryn Mawr, Suite 1100, Chicago, IL 60631, the terms and conditions of which are incorporated herein by reference. Such Site Agreement provides, in part, that Owner, for valuable consideration, leases to APT a part of that certain property ow"ned by Owner which is described in Exhibit "A" attached hereto and incorporated herein for a term of five (5) years [ ] ([ 1) months commencing on , t996, which term is subject to three (3) additional five (~ year option terms. CITY COUNCIL LETTER Meeting of: November 12, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: 4 Planning and Zoning~/~.~]~ ~~--~APPROVAL ITEM: Conditional Use Permit, Dons Car BY: Tins Goodro~ BY.-/ ///~/~-~/~//,~ Wash ~,~- ~ ) DATE: November~7, 1996 NO: Case ~961t-51, 4423 Central Avenue The Planning and Zoning Commission reviewed the request of Gerald Koschney, owner of Don's Auto Wash for a Conditional Use Permit to allow the construction of an 8' x 10' cashiers booth at the rear of the property located at 4423 Central Avenue. Section 9.113(2) of the Retail Business Section of the Zoning Code requires a Conditional Use Permit to allow the construction of accessory buildings. A site plan is attached which shows the location of the accessory building. This 8'x10' building will be used as a cashier stand so that customers can stay in their cars to pay for a car wash. This will also keep the lines moving at a faster rate. Customers will enter the lot at the same curb cut and drive straight back to the cashier booth or to the end of the line. Cars would move around the outside or east side of the cashier stand, pay for the wash and drive into the car wash building. Cars may also enter from the rear, off Tyler Place, and pay for the wash at the booth if there is no line, otherwise they would have to drive to the rear of the line. The owner's desire is to make the car wash process more efficient and help eliminate the need for additional staff. There will be no changes to the main structure. All driving areas are currently hard surfaced. A building plan review will be conducted once the Conditional Use Permit is approved. The Planning and Zoning Commission unanimously recommend approval of the request. RECOMMENDED MOTION: Move to approve the request for a Conditional Use Permit for 4423 Central Avenue to allow an 8'x10' accessory structure as all Zoning requirements are being met. COUNCIL ACTION: ccagl196.not CITY OF CO~IA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other / / Fee~ /~¢J Date Paid 1. Street Address of Subject Property, 2. Legal Description of Subject Property, Applicant: 4. Phone: ~/~ ?~ ~ t ~ ~ / 5. Description of Request: Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use 7. Reason for Request: 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature, The undersigned hereby represents upon all of the penalties of law, for the pu~ose of'inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of ~innesot.. . /~.~L~.> - . Taken By:_ -- As~hal~ ~harface~ ,ler Place H~use Drive~ 7,21' 3' 14'. ~ ~AI~tr~e 132' ~ne Stery C®ncrete Bl®ck Car Wash Juildin~ 32' C®ncrete /Drive 97' 121' ' 80' Asphalt ~ Asphalt / ~rive~ 225' Muffler She~ Central Avenue CITY COUNCIL LETTER Meeting of: November 12, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~ Planning and Zonin~-/~ APPROVAL a~ BY: ITEM: Conditional Use Permit, TEAMS Expl. BY: T ina Goodro Post %2600, Keith Haskell .~. ~ ~) - DATE: November 7,kt~996 NO: Case ~961t-52, 4300 Central Avenue The Planning and Zoning Commission reviewed the request of Mr. Haskell on behalf of the TEAMS Explorer Post 2600, for approval of a Conditional Use Permit to allow the operation of a Christmas tree sales lot in the easterly parking area of 4300 Central Avenue, Central Value Mall. The tree lot will be operated between November 29, 1996 and December 24, 1996. The location will be in approximately the same area as the temporary operation of the Linder Greenhouse structure along the far east end of the parking lot. More than ample parking will be maintained for the shopping center. The Planning and Zoning unanimously recommend approval of the Conditional Use Permit. RECOMMENDED MOTION: Move to approve the Conditional Use Permit for Keith Haskell and TEAMS Explorer Post 2600 to allow the operation of a Christmas tree sales lot at 4300 Central Avenue from November 29, 1996 through December 24, 1996 provided the proper City license is obtained prior to the operation and that a $200 clean-up deposit is submitted to the License/Permit Clerk prior to the license being issued. COUNCIL ACTION: ccagl196.no2 CITY OF CO~IA HEIGHTS Application For: aezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other m 1. Street Address of Subject Property: 2. Legal Description of Subject Property:. Description of Request: Conditional Use Permit Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use To allow the operation of a Christmas tree sales Reason £or ~equest: section of the Rainbow Foods parklnq 1Ql~ from November 2~-D~9~rpI~er 24. lqq6. / 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledtment and Signature: The undersigned hereby represents upon all of the penalties o£ law, for the purpose of inducing the City of Columbia ~eights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances o£ the City of Columbia Heights and the laws o£ the State. of S~inneso~a. 43fa AVE. N.E. //I/I11/'/Ilii/I//II?II 44th AVE. KRAUS-ANDERSON ~TY COMPANY Development. Leasing. Management November 6, 1996 Fax: 782-2857 Ms. Kathy Peppin CITY OF COLUMBIA HEIGHTS 590 40~' Avenue Northeast Columbia Heights, MN 55421 Re; Approval for Christmas Tree Sales Keith Haskell, Boy Scout Explorer Post 2600 Central Valu Shopping Center Columbia Heights, Minnesota Ms. Pcppin: This is to approve the use of the parking lot area outlined in red on the following site plan, for temporary Chrimmaz tree sales. The sale will commence on November 29, 1996, and expire December 24, 1996. The area will be used solely by the Boy Scout Explorer Post 2600, headed by Keith Haskell. If there are any further questions or if there is a need for additional information, please do not hesitate to contact me at 88I 8166, Ext. 138. Sincerely, KRAUS-ANDERSON REALTY COMPANY Scott J. Schmitt Property Manager SJS:me Enclosur~ CC; Central File Keith Haskell 4220 West Old Shakopee Road, Suite 200 · Bloomington, MN 55437-2995 6i218g1-8166 · Fax: 612t881-8l 14 · Wats:i- 800-399-4220 11xO6x96 11:45 ~ 6210529 KEITH 02 llzO6z96 11:46 ~ 6210329 KEITH n~X'~ ~}~ T,E.A.M.S. , ~ e~~tl~.f Tactical, Emergency, At~dMedical Ser~ Ices, Inc. ~~,. * 4215 Winnetka Av~ N. 8ulte ~~ '"' Minneal~li~ MN. 55428~924 e-nmil mn~acu~mn.frontle~0mm,net Krauae Ander~on Reality Mr, Seer 8=hrntR 4220 Old Hwy 8 Suite 200 Bloomington, MN. 5543? Dear Mr. $chmitt, Please allow this letter to confirm our conversation last week, and time desire for TEAMS and l~)y ,~:outs of Ami~ric:a Explorer Post 2600 for use of the Rainbow F~mds Lot at 40th and Central in Columbia Heights Mhmesota for th0ir annual Christmas '1~.~ Lot. We lvave b~en ffiven an unoffk~al approval by the City of Columbia Heights and have filled out our application and penna requ~t. As w~th ell Explorer evenb~, we ~arry a million dollar liability policy. , Last year we stood 160 trees ut a time and sold 420 Trees. Our plmm this year an? to stand 200 tree~; at a time and we have ordered 520 Tre0s, Toy may laave seen our explorers ut work last year a~sisting the Miru'tesota State FLr~ Mar~lvals Office searching a burned out home in C_ara~on Falls, Mn. and, on the St. Croix PAver near StLLlwater assistin~ the Washington County Sheriff's Department m a drowning ~e¢ow, ry. Ttd~; year, the group hopes to use pnffits to equip a Mobile Conm~unication Center. Please co~dirm permission to use the lot m writhq~,, as I have to s~nd it on to the City of Columbia Height~. Hope to m~e you and your Family & Friends ut the lot, and happy holidaysl Sincerely, Keith D, Haskell Chief, TEAMS/ExpIon:r Post 2600 CITY COUNCIL LETTER Meeting of: November 12, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 4 APPROVAL. ~ ~ / _C OMM I S S I ON DATE: 1 t- 7 - 96 DATE: At Wednesday night's joint meeting of the City Council and School Board #13, both boards decided to discuss methods to involve youth from the school district to become more involved in advisory commissions to the City to include, but not be limited to, Park and Recreation Commission, City Council, a Youth Committee in general, etc. Both the City and School Board will be appointing two members to serve on this committee to meet in the very near future. The thoughts on the part of the City Council and School Board was that this type of cooperation would serve the young people in the City of Columbia Heights to develop socially, recreationally, and intellectually, and would allow them insight into the workings of city government to the benefit of the residents of Colunfoia Heights. The joint committee would also discuss the possibility of meeting monthly to consider items of mutual interest involving financing of mutual services and sharing of resources to include both the school district and the city. The City Council discussed appointing Meg Jones and Don Jolly to this committee, with Mayor Joe Sturdevant to serve as an alternate committee member in case either of the two committee members could not be present at the meetings. RECOMMENDED MOTION: Move to appoint Councilmembers Don Jolly and Meg Jones to a joint School District/City Council ad hoc youth initiative committee, and to appoint Mayor Joe Sturdevant to be an alternate member to the committee. Also, direct the City staff to contact the school board Administration to set up a first meeting to discuss future meetings. COUNCIL ACTION: WHEREAS: Epilepsy is the second most common neurological disfunction or impairment, not a disease, but a disorder of the nenn~, syste~n; and physical Sixty percent of those persons who have epilepsy are elememary school children or younger which is approximately one child in every school classroom; and Early diagnosis and attention to the social and neurological aspects of epilepsy will afford people better control; and Ihere continues to be a need for improved education and more information regarding public attitudes toward understanding and accepting those persons with epilepsy. NOW, THEREFORE, BE IT RESOLVED, that I, Joseph Sturdevant, Mayor of the City of Columbia Heights, do hereby proclaim the month of November as ., EPILEPSY MONTH IN THE CITY OF COLUMBIA I-IEIGHT~ and encourage the residents of our C~ty to increase their awareness of the needs of those who have epilepsy. November, BRC FINANCZAL SYSTEM /08/96 09: 42: ?;4 FUN)} RlilX~)AF:': F:'LJNI) I)E]i;C;R ]: I::'T ]: Otq 101 20 :[ 202 205 204 205 2:[2 2:t. 3 225 235 240 250 274 401 406 4 ].2 431 60 t 602 603 609 651 652 701 720 880 88 :t. 883 GENE:RAL. C01~tMUIq]:T'Y DIEVIi:]I...OF:'I~IE]'~IT F:'UIqD ANOKA C:[)L.tlqTY CDBG F:'AR I<V E:CONOI"I]iC ]()Ei~IEL. OF'ME]qT AL.t'TFI SECT ]:ON 8 F:'A F;; I<V F;:EblTAL. I"K]US:[NG L I BRAF~Y C:OL. FIGHTS AF:'TE:F;.' SCHOCC.. ENR]: COI::'S GF;.'.ANT - OVtii:F;~'T ]'. ME CAF:' ]: T'AI... ME,OTRON ]: C: CAF:']:T'AL ZMF:'-GE-]q GOVT. BLDG CAF:'I TAL, CAF:' EQU :[ F:' F;-'.fEF:'L.AC.E>"(3Et"4ERAI_ WA]"tER UTILITY SE]dE]:;,: LJT Z L. ]: T'Y REF:'LISE: F:'LJND !... 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GI...5401~-..V05.00 PAGE: BAIq K VENI)OR CHli.:.C K I:IUMBE]R AMOUIqT BAI,II.( C;HIEC K I NG AC;[;OUI,I'T' ABL..E F:'ROPE]::."T'Y MANAGIEMENT B A K E R T R I.],S T EIE / W A L.. T E: R Btii]:~[') F:'ROPE:RT I ES BIEF~G/17 ~ CHARD CH"t F'ROPEF~TIES C R 0 C K E T T / J A M E S D Z I E D Z I C / F:' A U I... GIEIqG/DOIqAI...D OR MARY JOTBL. AD/DW I C'] I-T1" K 0 S TIER/KEIqlqlE'T'I"! I...ABO~NTY/B I L.,I._ t...AF;:SOIq/SUSAN I... 0 E:W E N T i"I A I.../K U R T I...UDIEMAIq/ZVAN g M :1~ L. L.. E R / L.. Y t... E J"tO DIE~I.../F:'A LJL. 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O0 61975 432 ,, 00 61976 416 ,, 00 61977 369.00 61978 449 ,, 00 61979 432 ,, 00 61980 495.00 6 ;!. 98.1. ~70 ,, 00 61982 444 ,, 00 61983 402 ,, 00 61984 293 ,, 00 61985 30 :L ,, 00 61986 366.00 61987 407 ,, 00 61988 44 :L ,, 00 61989 214 ,, 8::~ 61990 908 ,, 48 6199 :L :1.0,307 ,, 71 61992 708 ,, 42 61993 420 ,, 00 61994 4,,00 61995 76 ,, 89 61996 I , 495 ,, 04 61997 23,884.30 61998 23 ,, 51 6:L999 232,, 12 62000 5,216.14 62001 175.00 62002 119.16 6200~:~ i~], E~96 ,, 54 62004 54.80 62005 :L 00 ,, 00 62006 150. il}4 62007 263 ,, 04 62008 40 ,, 00 62009 4,205 ,, 09 62010 36 ,, 45 62011 851,,25 62012 3 ,, 50 62013 286 ,, 74 62014 I, 628 ,, 00 62015 200.00 62016 16.39 BRC'. F:' Z NAI'-IC;I~AI.,. SYSTE]~I 11/0~i.~/96 09: 4 [:hec:k History :[/:!.2/96 COUIqC II... C;., Z TY 'OF COL. UMB ]: A FIE :I: (31..ITS GL540R-V05,, 00 t::'AGlii: 2 BAN t< CHE:CI( NUMBER AMOLINT BANK CI..Ilii:CK:I:NG AC:(~OUI,IT F'AUSTtS & SONS PI..IZt...L. IF'~i; WZNiE & SF':[RT8 QUAL. 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UMBZA I"HEZ(3HTS GL.540R-'V05,, 00 PA(3E 4 B A N K VIE N D 0 R CHEX] K NUMBF.':R AMOUNT B A N K (}HIE C K Z Iq G A C C 0 U tq T C 01... U M B ]1] A I"1C') T S- F R ][ D L.. li!] Y K ]] COMM CC~MPLJTER CCIIqT]:NIEIqTAL. ~3AF]ETY EQU]:F' D C HEY COMPANY DAI...CO ENTIERF:'F~]:SES :[NC DAWSON DIEMC(] D]]AMOND VOGEL PA]]NTS EGAN F']~EI...D & NOWAK t~H-'IL..ER & ASSOC ]]ATE--PUBL.]]C GANZER DJ[ST,, ZNC. [-)L, ENWOOD I GOLJ}IEN AGE CL,UB (})RAF'IX SHOF)F'IE (BITtEATEF:~ ANOKA CNTY.HUMAN H E R C F:'I:~'.OI)L]CTS H A 1:7 D R I VIE S I'-IAYDIEN MUF:~PHY EQU]~PMIENT HIE t GI-'tTS Et..,ECTF:~ I C t NC ,, t..IOHENSTIZI NS INC I-.K]~;I::' Z '1"AL Z T'Y SL]F'F)L..Y COMPA I"tUMAI',I 1< t NETI C:S F:'UBL.][ SHE]:;: J B D]]S'TR]:BFUJTZIqG ,]'Ot"{NSON BROS,, t...IQUOR CO,, KERR TRANSF:'ORTATTON SIERV I<IE WA"~'T / C:HARLE] E; I<L}E;T'I.-IIEI7 I) ZST,, CO,, t...AGEI:;~QUIST COt:U::' ~ I...AI,tO EQU ]: I::'tfltEIqT CO, I...tEAC;UIE 01::' Mi[htNIESOTA C];TI I...IEIEF:' LITTL. 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O0 F:'AGE 5 BANK VENI)OR Ct"tEC K NUMBER AMOUNT BAN K C]..II!EC K I NG ACCOLJlq]" M I hlt'.IE,C.;OTA BL. Uli!]'""R I NT M IlqlqE".,cl;OTA COACHES M ]: IqI',II:E,~!;O]"A SUN PUBI... I CA]".'I: 0 MI'-I ~-I"ATE T'REAS BU.'I]LD.T. IqG M'¥ I ID t ,S T I::,' .'I: BLJT I I"tG lq ,ci.~ 1':' NCIR"I"H HEIqt'-IEF:'I N RECYCL I NG Iq OF:.:]"H STAR OWtiEl"l,C!;SEt:::V I I].'.ES COt::-:P F:' Ii!: C F:'AM OIL ].'I"IC: I::'ARK SI. JI":'I::-'I_Y IIqC F:'A'T"I"Ohl I NI). PF::O]DUCTS F:'E]"'I"Y CASH - J.'t:M BETTlii]HD I='IiETTY C. ASH - REBECCA L. OA PL. UNKE]TT ' S .,, ]]lqC F' R liE: ;'q :1: E R F;~AD:[ O SHACK I:;,'EC'.OF;:E.I) BOO KS I::.:ESOI. JF:.X:.~E PUBI... ]: SH ]:1,1(.3 GROLJ F:.:CIB I NSOhl I...AI',I:OSCAF:'I NC'.I .l: NC F:X2, CHE:ST'E:F:.: M :[ DI...AND SCRANTON GILL. E':TTFZ COHM SEAF:,'S COMMERCI AL CF:.'.ED.'[ T SHAF:'F:'F'i:R/JAC'QUE:L YN SHAF(F:' I"IE:AT':[I',IG ,.~. AIR CC)ND SO F:']"WA R E '¥ A I STANDARD .':i~l::'F;,']:lqG ~O STRE]:CHE:F:~ GUN ' S INC/I)ON SUBLJF;,'B~N RUBBE]=( S]-AMF:' SI. JPE:R ]: (.')F( F:'RODUCT 'l"A R (3E:'l' .... F'F;.' ]: D L.EY THOR ~OhlS]"t:~:UCT.'I: ON .'1: hlC 'i"F:.'.ACY PR ]: NT ]: NG 'I"LJL. I... BE:AFb:I: NG W &. W GI!.=.N['i]::.:ATOF;¢ REBUILDE: H W (3RA]:tqC-;[':~F~: WAGlii]-"( ' S .I:NC ,, WORI)PE:RFE:CT PUBL I,C3l-'l:[ 1',1(3 C Z I E(3LEF;.: ]: NC 62.161 27.99 62162 260 ,, 00 62163 75 ,, 60 62.164 130.56 62165 20.67 62166 1,805.60 62167 142.50 62168 808.44 62169 284.00 62 ! 70 400.00 6217:1. 128 ,, 8:1. 62172 60.26 62:t. 73 I82 ,, 02 62174 40.69 62175 27.00 62176 63.91 62177 45.08 62178 5.94 62 :L 79 33.60 62180 26.45 62181 204., 48 62182 785.97 ~. ~:..1.8,) z. ~ . 00 62184 51 ,,71 62:1.85 107.42 62186 1,950.00 62187 159.75 62188 149.60 62 :!.89 464.47 62190 9.21 62:1. 91 264,12 62192 31,84 62:t. 93 10,509.37 62194 ~, 071 ,, 40 62195 26.82 62196 95.80 62].97 46.80 62198 121.12 62199 55.94 62200 40 ,, 48 803 ;, .1. 57.43 TO: FROM: SUBJECT: DATE: WALT FEHST, CITY MANAGER LOWEIJ~ DEMARS RENTAL HOUSING LICENSES NOVEMBER 12, 1996 THE OWNERS OF THE FOLLOWING RENTAL PROPERTIES HAVE COMPLIED WITH THE RE-LICENSING AND/OR LICENSING REQUIREMENTS OF THE CITY OF COLUMBIA HEIGHTS HOUSING MAINTENANCE CODE. I AM REQUESTING THAT THEY BE PLACED ON THE NEXT COUNCIL AGENDA FOR APPROVAL: DEAL, JONATHAN P. DEAL, JONATHAN P. FISCHER, DAVID W. FREE, JEAN J. HERKAL, CARRIE L KILGORE, PAUL NYE, RICHARD A. PRIEM, IVAN S CI-ILACHTENHAUFEN, ILSE SHERMANN, ANTHONY J. STOCKWEIJ~, GARY P. STURDEVANT JR., JOE TOPEI., CAROL VALTIIERREZ, MARIO 4309 7TH STREET 4701-03 5TH STREET 4657 5TH STREET 3817 HAYES 1161-63 CHEERY LANE 4753 UPLAND CREST 1162-64 CHEERY LANE 2[556 MACDiSON 4838 W. UPLAND CREST 3926 ULYSSES 681-83 51ST AVENUE 1043-45 POLK PL. 4131 WASHINGTON 3849 EDGEMOOR PL. F-1955 F-1954 F-1965 F-1953 F-1968 F-1944 F-1967 F-1960 F-1952 F-1948 F-1947 F-1929 F-1962 F-1886 *** EPILEPSY MONTH PROCI. AMATION =** There are more than 100,000 Minnes °~ an~ with some form of epilepsy; and Epilepsy is the second most common neurological disfunc~on or physical impairment, not a disease, but' a disorder of the nervous system; and WHEREAS: Sixty percent of those persons who have epilepsy are elementary school children or younger which is approximately one child in every school classroom; and WHEREAS: Early diagnosis and attention to the social and neurological aspects of epilepsy will afford people better control; and There continues to be a need for improved education and more information regarding pubh'c attitudes toward understanding and accepting those persons with epilepsy. NOW, TIqEREFORE, BE IT RESOLVED, that 1, Joseph StuMPvant, Mayor of the City of Columbia Heights, do hereby proclaim the month of November as EPH.,EPSY MONTH IN ~ CITY OF COLUMBIA I-1EIG~ and encourage the residents of our City to increase their awareness of the needs of those who haw epilepsy. Mayor Joseph ,~urdea~ November, 1996 CITY COUNCIL LETTER Meeting of: November 12, 1996 AGENDA SECTION: PUBLI C HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 6 Fire ITEM: Close Hearings BY: Lowell DeMars BY:/~ ~/73~'.//.~,~ License Revocation, Rental Property NO:,i,/"",,-,f~, DATE: Nov 5, 1996 DATE: Previously, the City Council established a hearing date of November 12, 1996 for revocation or suspension of the rental license held by the following property owners regarding their rental property. The property owners listed have all complied with the Housing Maintenance Code. 1) Isle Schlachtenhaufen ...... 4838 West Upland Crest 2) Anthony J. Shermann ...... 3926 Ulysses Street NE 3) Jean J. Free ............. 3817 Hayes Street NE 4) Jonathan Deal ........... 4307 NE 7th Street 5) Jonathan Deal ........... 4701 NE 5th Street 6) David W. Fischer ......... 4657 NE 5th Street 7) Gary R. Stockwell ........ 683 NE 51st Avenue RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by the above-named Property Owners Regarding their Rental Property in that the Property Owners have all Complied with Provisions of the Housing Maintenance Code. 96-177 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of November 12, 1996 AGENDA SECTION: PUBL 1 [; HEAR 1NI3 S ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: 6 BY' ///~ ITEM: RentalCl°sing HearingtAd°pt Res°luti°nLicense Revocation BY: Lowell DeMars ~. :/~,///~/~ NO: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Lisa Kelly regarding rental property at 5031 Jefferson Street NE for failure to reticense property in accordance with the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to Close the Public Hearing and to Waive the Reading of Resolution No. 96-~, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Lisa Kelly Regarding Rental Property at 5031 Jefferson Street NE. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Lisa Kelly Regarding Rental Property at 5031 Jefferson Street NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-173 COUNCIL ACTION: RESOLUTION 96- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LISA KELLY, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5031 JEFFERSON STREET, COLUMBIA I-IgJGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRYrFEN NOTICE SETFING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OCTOBER 30, 1996 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 12, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, ~ CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on SEPTEMBER 1, 1996, Lowell Demars, Enforcement Officer, for the City of Columbia Heights, mailed re-licensing applications to Ms. Lisa Kelly, owner of the real property and incidental buildings located thereon at 5031 JEFFERSON STREET, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by LISA KELLY. 2. That on two other occassion, re-licensing applications were mailed to Ms. Kelly with a response from Ms. Kelly, that she would be returning the re-licensing application to this office on prior to Monday, November 11, 1996, and that as of Tuesday, November 12, 1996, Ms. Kelly has failed to return the required application and fee. 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 5031 JEFFERSON STREET is in violation of the provisions of the Columbia Heights City Code. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, .owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1364 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder;, 3. All tenants shah remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of November 12, 1996 AGENDA SECTION: PUB L I C HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: 6 ITEM: RentalCl°sing HearingJAd°pt Res°luti°nLicense Revocation BY: Lowell DeMars/~ DATE: Nov 5, 1996 · Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Carrie J. Herkal regarding rental property at 1161 Cheery Lane NE for failure to relicense property in accordance with the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Carrie J. Herkal Regarding Rental Property at 1161 Cheery Lane NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-174 COUNCIL ACTION: RESOLU'I~ON 96- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE Iqg. l.D BY CARRIE J. HERKAL, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1161-63 CHEERY LANE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), wRrrTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OCTOBER 30, 1996 OF A PUBLIC HEARING TO BE I-W. LD ON NOVEMBER 12, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF ~ CiTY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA~tGHTS MAKES THE FOLLOWING: FI _ rNCS OF FACr 1. That on SEPTEMBER 1, 1996, Lowell Demars, Enforcement Officer, for the City of Columbia Heights, mailed re-lic~n~sing applications toM_~. Carrie J. Herkal, owner of the real property and incidental buildings located the~e0~ ~-t--il~i.~-~-HEERY LANE, within the City of Columbia Heights, Minnesota, an_cl__0~_e, st, a~co'~di~n~ t~) ~ah~-application for rental license on file for the above-described reNproperty by CARRi'E J. HERKAL. 2. That on two other occassion, m-licensing applications were mailed to Ms. Herkal with no response from Ms. Herkal. 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 1161-63 CHEERY LANE is in violation of the provisions of the Columbia Heights City Code. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1236 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of November 12, 1996 AGENDA SECTION: PUBL 1C HEAR 1NG S ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: 6 ITEM: Closing Heating/Adopt Resolution BY: Lowell DeMars Reat al License Revocation~E ~ D DATE: Nov5,1996 DA · NO: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Richard A. Nye regarding rental property at 1162 Cheery Lane NE for failure to relicense property in accordance with the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Richard A. Nye Regarding Rental Property at 1162 Cheery Lane NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-175 COUNCIL ACTION: CITY COUNCIL LETTER Meeting Of November 12, 1996 AGENDA SECTION: PUBL I C HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: 6 ITEM: Closing Hearing/Adopt Resolution BY: Lowell DeMars Rental License Revocation~E~ · DA ·  DATE: Nov 5, 1996 NO: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against R/chard A. Nye regarding rental property at 1162 Cheery Lane NE for failure to relicense property in accordance with the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by R/chard A. Nye Regarding Rental Property at 1162 Cheery Lane NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-175 COUNCIL ACTION: RESOLUTION 96- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY RICI-IARD A. NYE, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1162-64 CHEERY LANE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR TIlE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OCTOBER 30, 1996 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 12, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on SEPTEMBER 1, 1996, Lowell Demars, Enforcement Officer, for the City of Columbia Heights, mailed re-licensing applications [0_ ~Mr, Richard A. Nye, owner of the real property and incidental buildings located thereon at '_ 11~62-64 CHEERY LANE, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on f'fle for the above-described real property by RICHARD A. NYE. 2. That on two other occassion, re-licensing applications were mailed to Mr. Nye with a response from Mr. Nye that the application and fee would be delivered to this office prior to Wednesday, November 6, 1996, and as of November 12, 1996, Mr. Nye has failed to deliver the application and fee. 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 1162-64 CHEERY LANE is in violation of the provisions of the Columbia Heights City Code. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1247 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of November 12, 1996 AGENDA SECTION: PUBL I C HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: 6 ITEM: Closing Hearing/Adopt Resolution BY: Lowell DeMars ~_~ BY: DATE: Nov 5, 1996 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Kurtis R. Kiel regarding rental property at 561 NE 51st Avenue for failure to relicense property in accordance with the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to Close the Public Hearing and to Waive the Reading of Resolution No. 96- , there being ample copies available to the public. RECOMM]ENDED MOTION: Move to adopt Resolution No. 96-.__, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Kurtis R. Kiel Regarding Rental Property at 561 NE 51st Avenue. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Kurtis R. Kiel Regarding Rental Property at 561 NE 51 st Avenue in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-176 COUNCIL ACTION: RESOLUTION 96- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY KURTIS R. KIEL, (IffEP~INAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 561-63 51ST AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITrEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OCTOBER 30, 1996 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 12, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCII, OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on SEPTEMBER 1, 1996, Lowell Demars, Enforcement Officer, for the City of Columbia Heights, mailed re-licensing applications to Mr. Kurtis R. Kiel, owner of the mai property and incidental buildings located thereon at 561-63 51st AVENUE, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on ~e for the above-described real property by KURTIS R. KIEL. 2. That on two other occassion, re-licensing applications were mailed to Mr. Kiel and as of November 12, 1996, Mr. Kiel has failed to remm the application and fee. 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 561-63 51st AVENUE is in violation of the provisions of the Columbia Heights City Code. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired', or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license .belonging to the License Holder described herein and identified by license number 20125-95 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder;, 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of: November 12, 1996 AGENDA SECTION: PUBLI C HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER 6 APPROVAL NO: Fire ITEM: Close Hearings BY: Lowell DeMars ~ BY: License Revocation, RenZTper~, NO: DATE: Nov 5, 1996 DATE: Previously, the City Council established a hearing date of November 12, 1996 for revocation or suspension of the rental license held by Catherine Stephenson regarding rental property at 1439 NE 42nd Avenue. The property is in foreclosure and is currently vacant; therefore, the scheduled hearing may be closed. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Catherine Stephenson Regarding Rental Property at 1439 NE 42nd Avenue in that the Property is in Foreclosure and is currently Vacant. 96-177 COUNCIL ACTION: CITY OF COLUMBIA HEIOHTS Meeting of: November 12~ 1996 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT.: ~ CITY MANAGER NO: 6 Comm. Devel. Dept.//~ APPROVAL NO: ~335 DATE: Nov. 6, 1996'~/ ~ / Attached please find Ordinance 1335 pertaining to construction of fences and retaining walls. This Ordinance will eliminate the requirement for a building permit to install a fence except for fences 6 feet or higher. The Uniform Building Code requires a permit for only fences 6 feet or more. With the change the requirement for special purpose fence approvals from the Planning and Zoning Commission and City Council will be reduced. The new code will stipulate that fences will be limited to 42 inches in height when they are located within the front yard set back area and/or for corner lots within the side yard set back area on the corner side. A special approval for fences which are constructed along side the house will not be required unless the fence is 6 feet or higher. The new Ordinance also simplifies construction material requirements and construction standards. These were reviewed and re-written by the Building Inspector. The fence handout will be updated to reflect all of these changes. Mark Winson reviewed and updated the retaining wall section of the new ordinance and the designs will be approved by the City Engineer. Section 6.403 (3)(b) will be changed and clarified to comply with Section 9.104(7) of the zoning code. This section reads: On the corner lots within the required front yard, no planting or construction in excess of 30 inches above the abutting curb line shall be permitted within a triangular area as defined as follows: beginning at the intersection of the projected curb line of two intersecting streets, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning on the other curb line, thence to the point of beginning. This information will be included in the packet. Finally, with the elimination of required permits for fences under 6 feet the City will discontinue locating property irons for homeowners and contractors. This will eliminate any liability the City has in regards to fences. The new Ordinance does state that the fence must be located entirely upon private property of the person constructing the fence. In case of a dispute the Building Inspector may require the owner to obtain a survey, however the Building Inspector shall not become an arbitrator of boundary line disputes between property owners. If a shed or garage is constructed a survey will be required if the homeowner does not know where the irons are located. The City will no longer assist in this process. RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1335, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1335, Pertaining to Construction of Fences and Retaining Walls. COUNCIL ACTION: bt\council.for ORDINANCE NO. 13 3 5 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO CONSTRUCTION OF FENCES AND RETAINING WALLS. The City of Columbia Heights does ordain: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence without securing a permit therefor from the Building Inspector who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than 42 inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. 6.401 (3) The written application shall be submitted to the Building Inspector setting forth the type offence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401 (4) All boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. A copy of the written agreement shall be filed with the application for permit. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary tine of his property by survey thereof to be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City; provided, however, that such 6.402 6.402 6.402 (2) (3) (4) materials may be used below the fdl line in retaining walls, free standing walls or other fences that are partially below ground. Minimum standards for construction offences, free standing walls and retaining wall shall be prescribed hereinafter. The woven wire fence type shall be constructed in the following manner: (a) The fence shall be of a chain link type. (b) The fence shall be a minimum of eleven (11) gauge steel, with a two-inch maximum mesh. (c) The fence shall be constructed with fabric on the outside so that the unfinished side, if any, faces the property on which the fence is constructed. (d) The fabric shall have the knuckles up and the cut edge down. (e) Materials are required to be of a hot dipped galvanized nature or equal. (f) There shall be no greater that ten feet lineal distance between posts. The alternating board type (vertical, horizontal, or louver) shall be constructed in the following manner: (a) Boards°ofa dimension less than 13/16" by less that 3-1/4" will be prohibited. (b) Fences constructed of materials other than tamarack, cedar, cypress, or redwood will be treated with a weather preservative. (c) The minimum post dimensions required are 3-1/4" by 3-1/4". (d) No greater than eight (8) feet will be allowed for post spacing. (e) Fastening nails shall be two and one-half (2-1/2) inches long and other hardware shall be aluminum alloy or hot dipped galvanized or equal. (t) Fastenings made of corrosive metal shall not be used. (g) The fence shall be constructed with the supporting posts on the inside, when possible, so that the finished side does not face the property on which the fence is constructed. Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) All walls, block or stone, shall be placed in four (4) inch concrete footing. The width shall be deterTnined by the height of the wall. (e) The face of the wall shall be slanted back by no less than a 3 degree angle. Drains shall be placed in walls made of blocks or poured concrete at such levels as are determined by the Building Official. The Building Official shall also determine the number and distance between such drains. (g) The retaining wall or free standing wall shall be constructed with supporting posts and footings on the inside of the wall so that the finished side does not face the property on which the fence is constructed. (h) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this chapter. In the case of terraced walls or fences, each span of such terraced wall or fence will be added to the height of the lowest span ofwatl or fence to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this chapter and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this section and any fence existing at the time of the passage of this section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his fence is in a state of disrepair or is dangerous shall said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. 6.403 (3) 6.403 (4) 6.401 (1) A privacy fence may be constructed only if: (a) All property owners abutting said fence present a written agreement consenting to the approval of the same. Co) Any such fence to be constructed or maintained in the front yard of any comer lot will not obstruct vision from the adjacent streets of traffic approaching within thirty (30) feet as measured from the center of the adjacent intersection. The Building Official shall determine the maximum allowable height for fences on a comer lot in accordance with his personal observations and findings relating to visibility. (c) Any such fence will not be more than 42 inches high if constructed or maintained as follows: 1. In any front yard or near the side lot line of the property upon which such fence is to be constructed. 2. At any point which lies in the front and or to the side of any house built on property adjacent to the property upon which such fence is to be constructed. 3. At any point which lies in front and or to the side of any house on the lot upon which such fence is to be constructed. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing by said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. is hereby amended to read as follows: No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence, (six) 6 feet or higher, without securing a permit therefore from the Building Inspector who shall require submission of an application prior to issuance of a permit. 6.401 (2) (a) (b) (c) (d) 6.401 (3) 6.401 (4) 6.402 (1) 6.402 (2) For purposes of this section, the following words shall have the meaning ascribed to them: A fence is any partition, structure, walt or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. A privacy fence is a fence more than forty-two (42) inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. Front yard is any portion within the front yard setback. Fence height shall be measured from grade. The written application shall be submitted to the Building Inspector setting forth the type offence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. All boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. A copy -'~'-- UJ- LIIC property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Inspector may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Inspector shall not become an arbitrator of boundary disputes between private persons. Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City. - ..... : J- ~ ~ .......... ' ....... '- }.)IgJVIkl~L.[, IIkJ~/V~¥1~I, LII~I.L bi. lUll umci ~=,l~ ul,~[ al. pa, u,my u.,vw ~l uu.u. Minimum standards for construction offences, free standing walls and retaining walls shall be prescribed hereinafter. All fences shall be constructed of the following approved fencing materials: (a) Galvanized or vinyl coated woven fabric minimum eleven and one- half (11-1/2) gauge, with two (2) inch maximum mesh, with knuckles 6.402 6.402 6.403 (3) (4) (1) up and cut edge down. (b) Approved vinyl fencing materials. (c) Treated wood or wood of natural materials resistant to decay. All fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four (4) inch concrete footing of appropriate width and drains of appropriate type, size and spacing and design approved by the City Engineer. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be constructed in a manner that presents a finished appearance to the adjoining property where ppli able ---:"- pp rtl g p ---~ ~--': ...... '-- -'---:J- -~" ...... "-- tllellLII~Z: ,tllll311ULl 311.,1{3 U-UU3 IIUIL 10.GU /IIU [.,/IU_[~;I t.y Oil WlIIL.,II LIIID I. GIIL~: 13 (h) With regard to measuring the permissible height offences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each span of such terraced wall or fence will be added to the height of the lowest span of wall or fence, to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. 6.403 6.403 (3) (4) 6.403 (5) Any property owner who receives notice from the Building Official that his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. A six (6) foot or higher privacy fence may be constructed only if: (a) All property owners abutting said fence present a written agreement consenting to the approval of the same at time of submitting an application. (b) Any such fence to be constructed or maintained in the front yard of any comer lot must comply with Section 9.104 (7) of the Zoning Code. (c) Any such fence will not be more than forty-two (42) inches high if constructed anywhere within the front yard setback areas and/or if a corner lot, within the side yard setback areas on the corner side. Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filed with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: First Reading: Second Reading: Date of Passage: Mayor Joseph Sturdevant Jo-Anne Student CITY COUNCIL LETTER Meeting of: November 12, 1996 PUbLlu ~KINUb - AGENDA SECTION: ORDINANCES AND RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER' S OF~FIgE APPROVAL ITEM: First Reading of Ordinance 1334, BY: JEAN KUEH BY: Pertaining to Garbage, Rubbish & DATE: October 24~ 1996 DATE: Recyclable Materials NO: ~ ~, Attached is proposed Ordinance 1334, which contains language changes to Chapter 8, Article III, of the City Code pertaining to garbage, rubbish, and recyc!able material, which are necessary to reflect our current practice of collecting yardwaste from the front curb. This change to front curb collection for ail residents was discussed and approved by the council previously, but the ordinance was no% changed. Currently, all portions of the city, not withstanding the existence of an alley, place yardwaste on the front curb for collection. Additionally, the proposed ordinance changes the definition of "yard waste" to make it more inclusive for purposes of our collection proeess. The current definition was created and used by Anoka County staff in reference to what was acceptable at their composting facilities. RECOMMENDED MOTION: Move to waive the reading of the Ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule %he second reading of Ordinance 1334 for November 25, 1996 at approximately 7:00 pm. COUNCIL ACTION: ORDINANCE NO. 1334 BEING AN ORDINANCE ~END!NG NO. 853, CITY CODE OF 1977 AND PERTAINING TO GARBAGE, RUBBISH _AND RECYCLABLE MATERIAL The City of Columbia Heights does ordain: Section 1: Section 8.301 (1) d of. Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(1) (d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waster, and soft bedded green herbaceous material under eno inch [1"} in diameter. is hereby amended to read as follows: 8.301(1) (d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden was~e~ and soft bodied green ~^~ ......... ~~ unler one inch ~i"} in diameter., twigs and branches less than 4" in diameter. Section 2: Section 8.301 (4) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(4) All accumulations of garbage~ rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less uhan four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (!8") in diameter; (b) leaves, grass or rubbish in waterNroof containers (no larger than permitted 30 gallon c~rbage can liner size), not exceeding thirty-five pounds {35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds {35 lbs.); (d) Christmas trees up to six feet (6'} in length (during January); (e) small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); (f) yard waste in plastic and paper biodegradable bags { no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty- two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles; and (g) stone, sod, earth, concrete, and building materials resulting from reDairs and minor remodeling of.the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; is hereby amended to read as follows: 8.301(4) Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds '35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e)(f) yard waste in plastic and paper biodegradable bags ( no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty- two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles; shall be placed on pick up day at the curb line; and (f) (g) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); shall be placed on pick up day next to the garbage cans where alley pick up is available or at the curb line in areas where no alleys exist. Section 3: Section 8.301 (5) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(5) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. All authorized yard waste containers shall be placed on the alley line, where alleys are platted and open, separated from garbage and refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. is hereby amended to read as follows: 8.301(5) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from your the curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. All .... ~-^~ placed ........... yard waste containcrs the alloy linc, whorc ~ ...... ~ ~ ....... ~ ..... ~ ~= ...... at thc .... ~ ~nc in plastic and Dab, er bags (no larger than the permitted 30 gallon garbage can liner size) not exceeding thirty-five pounds (35 tbs.)~ or a permanent, ventilated thirty-two {32) gal!ch fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs.} with handles; in araas whara no alleys cxist shall be placed on the curb line on collection day. c) All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. Section 4: 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: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CItY OF COLUMBIA ~EIGETS Meeting of: November 12, 1996 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT.: CITY MANAGER NO: 6 Comm. Devel. Dept. /~% APPROVAL /~/~ ITEM: SECOND READING OF ORD. 1336 BY: Tina Goodro BY: Attached is a correction to Ordinance 1312 which was approved December 18, 1995. This ordinance authorizes the conveyance of certain real estate located at 721 51st Avenue N.E. This is the park property which is to be sold to Medtronic, Inc. An error was found is Section 1 paragraph 2 where the Easterly 3 acres of North 3.6 acres of Lots 7 and 8 is stated. It should read The North 3.6 acres of Lots 7 and 8 to include all of the 3.6 acres to be conveyed, not just 3 acres, as written originally in error. This correction will read exactly the way the legal description is written in the lot split resolution. Once this minor correction is made and the ordinance is in effect, the property will be sold t Medtronic, Inc. Making this change to the ordinance was by advice of the City Attorney. The City Council approved the first reading of this ordinance October 28, 1996. RECOMMENDED MOTION: Move to waive the second reading of Ordinance 1336, there being ample copies available to the public. RECOMMENDED MOTION: Move to approve Ordinance 1336 authorizing the conveyance of certain real estate located at 721 51st Avenue N.E. COUNCIL ACTION: bt\council.for o~DI~wcw~ No. 1336 BEING AN ORDINANCE AUTHORIZING THE C05IVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 721 51ST AVENUE NORTHEAST The City of Columbia Heights does' ordain: Section The City of Columbia Heights may convey unto the Columbia Heights Economic Development Authority, Minnesota, a public body, corporate and politic, the real property described as follows, to wit: The North 3.6 acres of Lots 7 & 8, Auditor's Subdivision 51, City of Columbia Heights, Anoka County, Minnesota PIN # 26-30-24-!1-0009 (Portion) Section 2: The Mayor and City Manager are herewith authorized to execute a quit claim deed to effectuate the conveyance of said real estate for $360,000 contingent upon successful release/satisfaction of the LAWCON Grant encumbrance. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary bt/council.for (ORIGINAL) QRDINANCE NO. 1312 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 721 5!ST AVENUE NORTHEAST The City of Columbia Heights does ordain: Section !: The City of Col,~ia Heights may convey unto ~he Housing and Redevelopment Authority of Columbia Heights, Minnesota, a public body, corporate and politic, ~.he real property described as follows, to wit: Easterly 3 acres of North 3.6 acres of Lots 7 & 8, Auditor's Subdivision 51, City of Columbia Heights, Anoka County, Minnesota PIN # 26-30-24-11-0009 (Portion) Section 2: The Mayor and City Manager are herewith authorized to execute a quit claim deed to effectuate t_he conveyance of said real estate for $360,000 contingent upon successful release/satisfaction of the LAWCON Grant encumbrance. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: November 13, 1995 Second Reading: December 18, 1995 Date of Passage: December 18, 1995 Offered by: Petkoff Seconded by: Peterson Roll call: Ail ayes ayoiz J~s-eph Sturde.va~{ Secretary CITY COUNCIL LETTER Meeting of: NOVEMBER 12, 1996 AGENDA SECTION: fTEt4S FOR CONS 1 DERATI OI ORIGINATING DEPT.: CITY MANAGER NO: 7 Other Resolutions/Ordinances FINANCE APPROVAL ITEM: RESOLUTION APPROVING THE BY: WILLIAM ELRITI~'~~ BY: AMENDMENT OF THE BY-LAWS DATE: 11/4/96 DA OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DWISION NO: In December of 1995, the City Manager commenced negotiations with the Board of Examiners for the Volunteer Division of the Fire Relief Association regardIng their pension plan. The negotiations, as initiated by Pat Hentges, were to eliminate the current defined benefit plan which provides for either a lump sum or a lifetime monthly pension, and go with a defined contribution plan. The significant difference between these two is that under a defined benefit monthly pension plan, the City is guaranteeing that the retirees will receive a specific monthly pension for life. Under the defined contribution plan, the City is put-~g a negotiated dollar amount into a pension plan, and the retirees receive their proportionate amount of this fund when they retire. Presently, the Volunteer Relief Association pension plan is the only active pension plan in the City where the City is guaranteeing a specific pension upon retirement. All other pension plans from the City are in essence a defined contribution-type of plan. To implement the changes, it is necessary to have a resolution by both the City Council and the Board of Trustees approving the change in the by-laws. Attached are both resolutions and the recommended motions for the City Council and for the Board of Trustees to adopt. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 96-._; Resolution of the City Council of the City of Columbia Heights approving the amendment of the by-laws of the Columbia Heights Fire Department Relief Association, Volunteer Division. WE:dn 9611043 COUNCIL ACTION: RESOLUTION NO. 96- BEING A RESOLUTION APPROVING THE AMENDMENT OF THE BY-LAWS OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION BE IT RESOLVED by the City Council of the City of Columbia Heights that: The amendment to the By-Laws of the Columbia Heights Fire Depa~h,;ent Relief Association, Volunteer Division, is herewith approved to read as follows: ARTICLE IX RETIRED FIREFIGHTER PENSION BUY-OUT Section 1. AMOUNT. The retired volunteer firefighters named below shall receive the amounts specified below, in single lump sum payments, less applicable tax withholdings, in full payment and satisfaction of their entire remaining service pension benefits, and any other benefits due to them or their beneficiaries from the Relief Association: Robert Davidson 56 $368.00 Ronald Chan 57 $357.00 Mitch DeMars 69 $320.00 Richard Gill 64 $284.00 Donald Jolly 59 $287.00 Joe Matlon 73 $279.00 Roy Meinhardt 63 $279.00 Lawrence Nelson 69 $279.00 Ralph Volkman 63 $279.00 TOTAL $63 000.00 $60 300.00 $42 850.00 $42.700.00 $47.000.00 $33 350.00 $42,700.00 $37,400.00 $42,700.00 Section 2. EFFECTIVE DATE. The benefits set forth in this Article IX shall become effective upon approval by the City Council and the Board of Trustees and the signed agreement by all of the volunteer firefighters named above. Such agreements must be signed and returned in the time specified by the President of the Board of Trustees. Section 3. DATE OF PAYMENT. The payments specified above shall be made as soon as possible after receipt of the approvals and agreements referred to in Section 2. Section 4. GOVERNING EFFECT. This Article IX shall govern over any prior provisions in the By-Laws which may be inconsistent with it. Passed this ~ day of ,1996. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 11/12/96 AGENDA SECTION: ITENS FOR CONS I DERATI ON- ORIGINATING DEPARTMENT: CITY MANAGER NO. Other Resolutions/0rdinances PUBLIC WORKS ITEM: RESOLUTIONS ORDERING PREPARATION BY: M. Winson BY / NO. ' OF REPORT ON PROPOSED STREET DATE: 11/4/96 DATE: Legislation passed last session by the State Legislature has changed a number of procedures for the assessment of improvements. One new requirement requires that the Council pass a resolution calling for a report on the necessity, cost effectiveness and feasibility of a proposed assessed improvement. The attached resolutions call for the City Engineer to prepare the required reports for the street improvement projects for t997. These projects include: Street Reconstruction Tyler Street, north right-of-way of 37th Avenue to north right-of-way of 39th Avenue Polk Street, north right-of-way of 37th Avenue to north right-of-way of 39th Avenue Recycled Base and New Bituminous Surface Polk Street, north right-of-way of 39th Avenue to centerline of 41st Avenue Pierce Street, north right-of-way of 37th Avenue to cul-de-sac Buchanan Street, north right-of-way of 37th Avenue to centerline of 39th Avenue Lincoln Street, north right-of-way of 37th Avenue to cul-de-sac Milling and Bituminous Overlay Tyler Street, north right-of-way of 39th Avenue to centerline of 41st Avenue 39th Avenue, centerline of Reservoir Boulevard to centerline of Tyler Street 39th Avenue, centerline of Polk Street to centerline of Arthur Street Cleveland Street, centerline of 40th Avenue to centerline of 41st Avenue Benjamin Place, centerline of 40th Avenue to cul-de-sac Stinson Boulevard, south right-of-way of Silver Lane to centerline of Benjamin Street Seal Coating All residential streets in Zone 2 (37th - 45th, Central-Stinson) not previously listed. Pierce Street from 46th - 47th. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 1 t/t2/96 AGENDA SECTION: 1 TEMS FOR CONS 1 DERATI ON- ORIGINATING DEPARTMENT: CITY MANAGER NO. Other ResolutTons/0rdTnances PUBLIC WORKS 7 ITEM: RESOLUTIONS ORDERING PREPARATION BY: M. Winson BY: NO. OF REPORT ON PROPOSED STREET DATE: 1 t/4/96 DATE: IMPROVEMENTS IN 1997 Page 2 - Continued Our proposed schedule calls for holding the improvement hearing for the rehabilitation projects on January 14, 1997, and the seal coat project on March 3, 1997. Under this schedule, the rehabilitation projects for Zone 1 and 2 would be bid in late January and the seal coat in late March. RECOMMENDED MOTION: Move to waive the reading of the Resolutions, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , No.96- Resolutions ordering the preparation of reports for proposed 1997 street projects. No. 96- , and No. 96-~ being MAW:jb 96-572 COUNCIL ACTION: RESOLUTION NO. 96- BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH COMPLETE RECONSTRUCTION WHEREAS, the City Council of Columbia Heights is proposing to improve Tyler Street and Polk Street between the north right-of-way of 37th Avenue and the north right-of-way of 39th Avenue by complete street reconstruction and to assess the benefitted property for all or a portion of the cost of the improvement, pf~rsuant to Minnesota Statutes, Chapter 429, and NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this ~ day of , 1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a tree and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION NO. 96- BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH MILLING AND BITUMINOUS OVERLAY WHEREAS, the City Council of Columbia Heights is proposing to improve the following streets by milling and bituminous overlay with miscellaneous concrete repairs: Tyler Street 39th Avenue 39th Avenue Cleveland Street Benjamin Place Stinson Boulevard north right-of-way of 39th Avenue to centerline of 41st Avenue centerline of Reservoir Boulevard to centerline of Tyler Street centerline of Polk Street to centerline of Arthur Street centerline of 40th Avenue to centerline of 4 t st Avenue centerline of 40th Avenue to cul-de-sac south right-of-way of Silver Lane to centerline of Benjamin Street and, WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statues, Chapter 429, and NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this day of , 1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION NO. 96- BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH RECYCLED BASE AND NEW BITUMINOUS SURFACE WHEREAS, it is proposed to improve the following streets by constructing a recycled base and new bituminous surface with miscellaneous concrete repairs: Polk Street Pierce Street Buchanan Street Lincoln Street north right-of-way of 39th Avenue to centerline of 41st Avenue north right-of-way of 37th Av.enue to cul-de-sac north right-of-way 37th Avenue to centerline of 39th Avenue north right-of-way of 37th Avenue to cul-de-sac and, WHEREAS the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this ~ day of , 1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk RESOLUTION NO. 96- BEiNG A RESOLUTION ORDERING P~PARATION OF REPORT ON SEAL COATING IMPROVEMENT WHEREAS, the City Council of Columbia Heights proposes to improve the following streets by seal coating, Tyler Street Polk Street Ulysses Street Hayes Street Arthur Place Cleveland Street Cleveland Street McKinley Street Benjamin Street Stinson Boulevard 39th Avenue 39th Avenue 39 1/2 Avenue 41 st Avenue 42nd Avenue 43rd Avenue Pierce Street centerline of 41st Avenue to dead end centerline of 41st Avenue to centerline of Arthur Street centerline of Johnson Street to cul-de-sac north right-of-way of 37th Avenue to centerline of 41st Avenue centerline of 44th Avenue to dead end centerline of 39th Avenue to centerline of 40th Avenue centerline of 4 t st Avenue to centerline of 42nd Avenue north right-of-way of 37th Place to centerline of 40th Avenue centerline of 43rd Avenue to centerline of 45th Avenue cul-de-sac to centerline of centerline of centerline of centerline centerline centerline centerline centerline of 45th Avenue Tyler Street to centerline of Polk Street Arthur Street to centerline of McKinley Street Cleveland Street to centerline of Mckinley Street of Reservoir Boulevard to centerline of Stinson Boulevard of Reservoir Boulevard to centerline of Cleveland Street of Reservoir Boulevard to centerline of Benjamin Street and, of 46th Avenue to centerline of 47th Avenue WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statues, Chapter 429, and NOW THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Mark Winson, City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this day of ~ 1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 12th day of November, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: November 12, 1996 AGENDA SECTION: ITEMS FOR CONSIDERATION= ORIGINATING DEPARTMENT: CITY MANAGER'S Bid Consideratian FINANCE APPROVAL NO: 7 ITEM: APPROVE AGREEMENT FOR FIBER OPTIC CABLE BY: INFORMATION BY >~ INSTALLATION MANAGEMENT DA NO: ~ ~ /) COMMITTEE , / ~ DATE: 11-5-96 At the October 14, 1996, City Council meeting, the City Council approved the concept of purchasing file management software and the eventual progression into a total file management optical scan system. At that meeting and as part of this approval, the City Council approved installing a conduit by the Public Works Department from City Hall to the Library and Murzyn Hall for fiber optics, and upgrading of 30 computers in the City to accommodate the new file management software. At the present time, the conduit has been installed. The second stage was seeking quotes from outside vendors to actually pull the fiber optics cable through the conduit from City Hall to Murzyn Hall and the Library. Members of the committee have discussed this with various cable companies and received two quotations to provide the fiber optics cable and install it from City Hall to the Library and to Murzyn Hall. Attached are the quotes from these companies. It should be noted that four years ago when the fiber optics was installed from City Hall to Public Works, a distance of approximately 2,400 feet, the total bill was $15,900. Under the current quotations, the City will be obtaining fiber optics installed to the Library (approximately 2,400 feet) and a second cable installed to Murzyn Hall (approximately 500 feet) for the low quote of $11,367.33, which is a significant improvement from the cost to install a single cable to Public Works. Based on this, it is staff's recommendation to enter into an agreement with Applied Business Communications, Inc. to install the two fiber optic cables. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Applied Business Communications, Inc. for the installation of fiber optic cables from City Hall to Murzyn Hall and to the Library, and to do the necessary cabling within all three buildings at a cost not to exceed $11,368.00, with funding coming from Fund 411, Capital Improvements-General Government Buildings. COUNCIL ACTION: FIBER OPTIC INSTALLATION QUOTES 6 strand fiber from City Hall to Murzyn Hall 6 strand fiber from City Hall to Library 2 strand zip cord within Library and Murzyn Hall 12 strand fiber within City Hall Applied Business Amedacable $2487.66 $2703.05 $5652.34 $8421.48 $767.66 $1879.77 TOTAL: $11,367.33 $16,460.00 I recommend the quote from Applied Business for $11,367.33. This contractor is also used by our networking vendor, Software Tailors. In contrast the fiber installation to Public Works by IBM in Dec of 1992 cost $15,900. CITY COUNCIL LETTER Meeting of : November 12, 1996 AGENDA .SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER OTHER BUSINESS CITY MANAGER APPROVAL NO: 7 ITEM: APPROVAL OF CLASSIFICATION & BY: WALTER FEHST BY: SALE OF CERTAIN FORFEIT LAND NO: ,~., (7 ?)j DATE: 11/12/96 Anoka County has classified the following parcels as forfeit land and are requesting a copy of the motion by the City Council to approve the classification and sale: 35 30 24 22 0147 35 30 24 14 0077 4301 3rd Street - a parcel of vacant land backing up to University Avenue. 4216 Central Avenue a 50' parcel of vacant land located in the Limited Business District. It does not meet the lot area requirement for that district, therefore, needs to be combined to an adjoining parcel. Columbia Heights EDA is exploring redevelopment possibilities within this block as the property to the south is for sale. The City would like this parcel withheld from the sale of forfeit land. RECOMMENDED MOTION: Move to authorize the City Manager to file a written application with the County Board to withhold parcel 35 30 24 14 0077 for redevelopment and to forward the completed, classification and sale approval forms to Anoka County. COUNCIL ACTION: 2~\TXFAPPRV.CLT COUNTY OF ANO Office of Governmental Service~ Division GOVERNMENT CENTER 2100 3rd Avenue · Anoka, Minnesota 55303-2489 (S12) 323-$680 KA September 13, 1996 GENE RAFFERTY Land Commissioner Direct #323-5427 Walter Fehst Manager, City of Columbia Heights 590 - 40th Avenue NE Columbia Heights, MN 55421 Dear Walter: Re: Approval of Classification and Sale of Forfeit Land - CL97 Exhibits A, B & C Enclosed you should find the following: Resolution #96-124 dated September 10, 1996, classifying certain forfeit lands in Anoka County. A classification and sale approval form listing the lands classified in Resolution 96-124 that lie within your jurisdiction, which is to be si,qned, sealed and returned to us alon.q with a copy of the motion or resolution of your .qovernin.q body approvin,q the classification and sale. A form for the forfeit parcels shown on the list of forfeit lands in your jurisdiction to help us analyze and appraise the parcel. We ask that you complete and return these forms to us. A verification of special assessments form which is to be completed, signed, sealed and returned to us. Chapter 282.01, Subdivision 1, of the Minnesota Statutes requires that the Town Board or governing body of a municipality must approve the classification and sale of forfeit parcels that lie within their jurisdiction, tf disapproval of any parcel is not made within 90 days from the date of this letter, it is deemed that the Town Board or governing body has approved the classification and sale. If the Town Board or governing body desires to acquire any parcel lying within the boundaries of the municipality, it shall, within 90 days of the request for classification and sale approval, file a written application with the County Board to withhold the parcel from sale. The County Board will then withhold the parcel from sale for one year. FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDD/'I-FY: 323-5289 September 13, 1996 Page 2 All parcels on the list are still within the repurchase period. If you desire to acquire any parcels still within the repurchase period, you can file an application which can be acted upon at the appropriate time, assuming the County Board does not allow repurchase of the parcel. We would like to have all the forms and paperwork retumed to us by Friday, November 22, 1996. We appreciate your help and understanding in getting this project put together. If you have any questions, please do not hesitate to call me. Yours very truly, Anoka County Lartd Commissioner GR:si Enclosures CC: Commissioner Dennis Berg Jay McLinden, County Administrator Tom Durand, Division Manager, Governmental Services BOARD OF COUNTY COMMISSIONERS A~10ka County, Minnesota DATE: Septembe~ 10, lgg~ RESOLUTION #g~-124 OFFERED BY COMMISSIONER: Berg CLASSIFICATION OF NON-CONSERVATION PROPERTY FOR LAND SALE PURPOSES WHEREA~, the Board of Ccx~,~ty Commisaionem of A,'x)k~ County, Minneso~, has prepared designated as Classification List Number 97, a ¢c~y of which is attached hereto as Exhibits A (Pl~tted), B (Urged) atld C (WllJ3drawn), aJ3d hereby by reference mede part hereof, which list describe~ ~ forfeited to the Sta~e o~ Minnesota pursuant to Chapter 282 of the Minnesot~ 5'tat~Jte~, and has determined that it is advisable to selt said land; and, WHEREA~, ~ Anoka County Board of Commissioners must classify all tax.forfeited land as conservation or ~rv~tJon under Section 282.01 of the Minnesota Statutes; and, acceuil:~lty o~ the ~ listed to estaJ3tish road~, ~=hoo~, ~ other public services, and their peculiar suitability or de~irebiltty for particule~ uses; WHEREAS, the classification and saJe of any tax-forfeited land lying within the bounds of a~y organized town with a t~xa~e value in excess of $20,000 or incorporated m~niclpality must be approved by the town board of such town or the governing body of such municipality, insofar as the land~ located thece~n are concerned; and, WHEREAS, the said town board or governing body will be deemed to have approved the classiflcaton and s~e if the county board is no~ notified of the dts~oproval of ~ classification and ~le wil~%~ ninety days o~ the date the request for approwJ was transmitted to t~e town board or governing body; and, WHEREAS, if the town board or governing body desires to acquire any parcel lying in the town or municipaJity by procedures authorized by Section 282.01, it shall, within ninety days of the request for c~assiftc~on and ~Je, file a written application with the county board to withhold the parcai from pubtic saJe for one year: NOW, THEREFORE, BE IT RESOLVED that each pa.,~.~l shown on Classification List Number 97 is hereby cta.~,s~ed as non-conservst~on and N3f3roved for saJe, subject to review by the town boards, and gove431ing bodle~ ~ ~nic~pal~e~ ~n A~oka County under Chapter 282 of the Minnesota BE IT FURTHER RESOLVED that the Anoka County Land C~nmissioner shall forward a copy o~ the r~so~utton to the town board o~ any organized township in Anoka County with taxable valuation in exceas of $20,000, and to the governing body of an incorporated municipality for their review. BE tT FURTHER RESOLVED that if the town board or governing body of a mun~clpaJ~ fails to notify the county board of the disapproval of a classification and sale of any of the l~nds described herein within n~nety days of the date the request here~n is transmitted to the town board or governing body of a municlpaJity, it will b~ deemed to h~ve approved the cla.~sification and sale. BE IT FURTHER RESOLVED that if the town board or governing body desire~ to acquire any parcel lying in the tc~vn or municipaJity under SeciJon 282.01, it sha~l, within ninety days of the request for claastflcaton and sale, file a wdtten application with tt~ county board to withhold the parce~ from public saJe for ~ year. RE~OLUTION ~96-124 P~ge 2 YES District #1 - Berg X Berg District J3- Langfeld X Langfeld District/~4 - Ko~liak · X Kordl~k ~ ~ - McCa~ley X McCauley District/~ - McCan'o~ X McCmTon Diltl~ #7 - Erh~t X Ethan NO STATE OF MINNESOTA ) ~,~ COUNTY OF ANOKA ) I, John "Jay' McLinden, County Administrator, Ano.ka County, MinnescPak hereby certify that I have comp~'~3d tfm foregoing copy of the re~on of file County Board of sadd County with the orig~rml record tt'mreot (m file in the Administration Office, Anoka County, Minnesota, as stated in the minute~ o~ the proceedtng~ of said Bcmrd at · me~ duly held o~ September 10, 199{~, and that the same t~ & true m~d ccwrect copy of saJcl origlnai record and of the whole thereof, ~d ~t ~d re~olutton was duly passed by said Board ~t said meeting. Wltnes~ my hand and seal this 10~ day of September 1996. CLASSIFICATION LIST 0L97 PLATTED EXHIBIT A SUBDIVISION SEC/LOT TWP/BLOCK RANGE APPRAISED VALUE OF LAND CITY OF COLUMBIA HEIGHTS CONTACT THE MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES. COLUMBIA HEIGHTS ANNEX 4. 35 30 24 14 0077 KEY 257199 COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS,ANOKA COUNTY,MINNESOTA LOT 9 BLK 37 COL HTS ANNEX REAR BL C COL HGHTS ANNEX 9 37 5. 35 30 24 22 0147 KEY 281938 LOT 14 EX THE S 9t.36 FT THEREOF ~ THE S 60.86 FT DF LOT 15 ALL IN BLK 1 REARR OF BLK C OF COL HTS ANNEX RD SUBJ TO EASE OF REC 14 1 PAGE 3 CLASSIFICATION APPRAISEO SUBOIVISION SEC/LOT TWP/BLOCK RANGE VALUE OF LANO COLUMBIA HEIGHTS ANNEX 4. 35 30 24 14 0077 KEY 257199 COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS,ANOKA COUNTY,MINNESOTA LOT 9 BLK 37 COL HTS ANNEX REAR BL C COL HGHTS ANNEX 9 37 5. 35 30 24 22 0147 KEY 281938 LOT 14 EX THE S 91.36 FT THEREOF ~ THE S 60,86 FT OF LOT 15 ALL IN BLK 1 REARR OF BLK C OF COL HTS ANNEX RD SUBJ TO EASE OF REC 14 I State of Minnesota Countg of Anoka State of Minnesota The foregoing classification of lands above described lging within the boundaries of the OITY OF COLUMBIA HEIGHTS in'said Countg and State is herebg approved. Dated , 19__ The CITY COUNCIL Attest: the CITY OF COLUMBIA HEIGHTS BY [MAYOR] [CLERK] PAGE 1 PLATTED PARCEL INFORMATION TO CLASSIFY AND APPRAISE TAX-FORFEIT LAND City o~' COLUMBSA HEIGHTS Parcei PIN ~ 35 30 24 14 0077 Description: COLUMBIA HEIGHTS ANNEX TO COUNTY,MINNESOTA ANNEX MINNEAPOLIS,ANOKA LOT 9 BLK 37 COL HTS Geographic Location: THIS APPROXIMATELY 50' X 100' RECTANGULAR PARCEL IS LOCATED ON THE WEST SIDE OF CENTRAL AVE NE 3UST NORTH OF 42ND AVE NE. PARCEL PIN# 35 30 24 14 0077 Please complete the following information by answering all applicable questions'. 1. Is this parcel buildable or unbuildable? UNBUILDABLE (a) Has your city/township adopted a local ordinance governin9 minimum area, shape, frontage or access? YES (If yes, answer.lb; if no, proceed to question 5.> (b) Does this parcel comply with your local ordinances regardin9 minimum area, shape, frontage or access and, because of this, can be improved? ~,~p~fi~,~t comply, please list reason(s) for non compliance. bu~u~.~ BECAUSE THE LOT AREA. IS 5,450 square f~et an~ a requirement of 6,000 square feet is needed. Do you recommend combining this parcel with an abutting forfeit parcel (if there is one)? 3. If your answer to #2 is gas, indicate which parcel on the list. 4. 0o gou recommend selling this parcel to the abuttin9 landowner? See #9. 5. What is the current zoning of the forfeit parcel? Limited Business 6. Are there ang buildings on the parcel? If so, what tgpe, and what is their present condition? NO 7. Do you have an appraised value on the parcel? If so, what is it? NONE 8. Does the citg or township want an easement over the parcel? NO 9. Ang other information gou feel would be helpful. Columbia Heights EDA is exploring redevelopment possibilities within this block as the property to the south is for sale. The City would like this parcel with- held from the sale of forfeit land. 10. Name and title of person who completed this questionnaire. WALTER R. FEHST, CITY MANAGER Thank gou for providing the information. Please return to: ~ene Raffertg, Land Commissioner Anoka Oountg Government Center 2100 3rd Avenue AnoPa, MN 55303 323-5427 PARCEL INFORMATION TO CLASSIFY AND APPRAISE TAX-FORFEIT LAND PLATTED ¢itg of Parcel PIN Description COLUMBIA HEIGHTS 3S 30 24 22 0147 LOT 14 EX THE S 91,36 FI LOT 15 ALL IN BLK 1 REARR RD SUB3 TO EASE OF REC THEREOF & THE S 60.86 FT OF OF BLK C OF COL HTS ANNEX Geographic Location= THIS APPROXIMATELY 110' X 110' SQUARE PARCEL IS LOCATED ON THE EAST SIDE OF 3RD ST NE SOUTH OF 44TH AVE NE. PARCEL PIN# 35 30 Z4 22 0147 PIease compIete the foIIow£ng information bu answering ail applicabIe questions. 1. Is this parcei buildable or unbuiIdabIe? ¥E$ (a) Has ~our cit~/township adopted a locai ordinance governing m£n£mum area, shape, frontage or access? (If ~es, answer lb; if no, proceed to question 5.) (b) Does this parcel complg with gour local ordinances regarding minimum area, shape, frontage or access and, because of this, can be improved? ¥~s If it does not comply, please list reason(s) for non compliance. 2. Do ~ou recommend combining this parcel with an abuttin9 forfeit parcel (if there is one)? NO 3. If ~our answer to #2 is ~es, indicate which parcel on the list. 4. Do ~ou recommend sellin§ this parcel to the abutting landowner? NO 5. What is the current zonin§ of the forfeit parcel? R-3 6. Are there any buildings on the parcel? If so, what tupe, and what is their present condition? 7. Do you have an appraised value on the parcel? If so, what is it? No 8. Does the city or township want an easement over the parcel? NO 9. Any other information you feel would be helpful. 10. Name and title of person who completed this questionnaire. Walter R. Fehst, City Manager Thank ~ou for providing the information. Please return to: Gene Eafferty, Land Commissioner Anoka County Government Center 2100 3rd Avenue Anoka, ~N 55303 323-5427 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION NOVEMBER 4, 1996 The Traffic Commission was called to order at 7:05 P.M. I. ROLL CALL Present: Carlson, Duda, Goodman, Jolly, Sturdevant Staff Present: Kathyjean Young, Assistant City Engineer Tom Johnson, Police Chief II. APPROVAL OF SEPTEMBER 16, 1996 MINUTES Motion by Sturdevant, second by Goodman, to approve the minutes of the September 16, 1996 Meeting. Motion carried. III. IV. OLD BUSINESS OTHER OLD BUSINESS Commissioner Carlson requested staff review the Traffic Commission Minutes to recall when a review was to be made of the signage "No Turn On Red" installed at 37th and Central Ave. and report back at the next meeting. Commissioner Jolly requested information regarding traffic at 51st and Central, particularly traffic attempting to go south from the east side of Central at 51 st Ave. Staff will review the minutes and report back at the next meeting. V. NEW BUSINESS Ao REQUEST TO INSTALL 10 MPH SIGNS IN ALLEY FROM 4TH STREET TO 5TH STREET BETWEEN 44TH AVENUE AND 45TH AVENUE. Mr. Jacob Heller has requested the alley be posted with 10 MPH speed signs. The concern is the number of small children playing in the area and excessive traffic speeds. Motion by Goodman, second by Duda to install 10 MPH signs in the alley from 4th Street to 5th Street between 44th Avenue and 45th Avenue. Roll Call: All ayes. Official Proceedings Columbia Heights Traffic Commission November 4, 1996 Page 2 REQUEST TO INSTALL "STOP AHEAD" SIGNS ON 44TH AVENUE AT JEFFERSON STREET Resident, Chartie Kewatt of 636 48th Ave., addressed the Commission with a request to have signage such as "Stop Ahead" signs posted on 44th Avenue at Jefferson Street. The concern is the number of vehicles that do not stop for the signs and feels the advance warning will make motorists more aware of the stop signs. It seems that the sun affects eastbound traffic in the a.m. and westbound traffic in the p.m. Staff indicated that if motorists don't stop for the signs already in place, additional signage would be ignored also. The size of the signs could be changed to a larger signs. Staff suggested that the larger signs be installed and temporary flags be placed on them to alert motorists of the 4-way stop intersection. Motion by Goodman, seconded by Sturdevant, to deny the request to install "Stop Ahead" signs. Roll Call: All ayes. Motion carried. Motion by Duda, second by Goodman, to instatt larger signs at all directions of the intersection and place temporary flags on the signs for three months. Roll Call: All ayes. Motion carried. Co REQUEST TO RESTRICT PARKING ON BOTH SIDES OF THE 5TH STREET ENTRANCE/EXIT FOR 455 37TH AVENUE Mary Jo Miske, President of Envelope Specialties, Inc. has requested "No Parking" signs on both the north and south sides of the driveway on 5th Street. Currently vehicles park very close to the driveway making it difficult for trucks to leave the facility. There is limited room for trucks to park from the north side of the driveway to the corner. It is a good idea to restrict parking in this area. Motion by Duda, second by Sturdevant to call a Public Hearing on January 6, 1997, to restrict parking on 5th Street from 5' south of the driveway for 455 37th Avenue to 38th Avenue. Roll Call: All ayes. Motion carried. Official Proceedings Columbia Heights Traffic Commission November 4, 1996 Page 3 VI. VII. REQUEST TO POST THE NORTH SIDE OF 41 ST AVENUE ADJACENT TO 4101 QUINCY STREET AS "RESIDENT ONLY" PARKING. Mrs. Kelly Rhodes of 4101 Quincy Street has requested "resident only" parking for the north side of 41st Avenue adjacent to her property. Alt available parking is taken by NEI students and patrons of ICC. Some of her concerns are inability of street cleaners to clean the streets with vehicles always parked there, difficulty with snow removal and no parking available to her day care customers and herself. Commission members were not in favor of adding signage and suggested that signage with a time limit would also restrict the homeowner. Commission members suggested that staff send a letter to NEI and ICC asking them to remind their students/patrons that there is off street parking available. Ms. Rhodes indicated that parking is mainly a problem when ICC church is in session. If the letter doesn't help improve the situation, Ivlrs. Rhodes was asked to contact the Traffic Commission again. Motion by Duda, second by Goodman, to deny the request for a "Resident Parking Only" sign. Roll Call: All ayes. Motion carried. OTHER NEW BUSINESS None REPORTS CITY ENGINEER 1. REQUEST TO INSTALL HANDICAP PARKING SIGNS Two requests for handicap parking signs were received and granted. addresses were 1209 Circle Terrace and 5254 4th St. The Official Proceedings Columbia Heights Traffic Commission November 4, 1996 Page 4 REVIEW OF PROPOSED EXPANSION OF MINNEAPOLIS WATER RESERVOIR IN NEW BRIGHTON Minneapolis has a 40 million gallon reservoir in New Brighton. Minneapolis wants to construct a second reservoir in the same area. However, a Special Use Permit is needed to construct the reservoir. New Brighton's City Council is considering a condition in the permit that truck traffic use routes other than through New Brighton as the city does not derive a benefit from the construction of this reservoir. Commissioner Sturdevant indicated that before any letter can be written it is imperative to know what the truck routes will be. Staff explained that it is timely to respond to New Brighton with our concerns and suggest an equal sharing of construction traffic. Commissioner Sturdevant indicated that he had spoken with a City of Minneapolis representative and had referred her to the City Manager to set up a meeting. Staff explained that through a Special Use Permit, a City can stipulate where truck traffic can and can't go. Commissioner Jolly suggested any letter sent to New Brighton should have a reminder that New Brighton purchased water from Columbia Heights for many years and that an emergency water connection still exists. Motion by Carlson, second by Goodman, that in conjunction with a meeting of the City Manager and the City of Minneapolis, to have the Columbia Heights City Council forward a letter to New Brighton expressing the City's concern with regard to having all the construction traffic routed through Columbia Heights and suggest an equal sharing of the construction traffic would be the most effective and amiable solution. Roll Call: Duda, aye; Goodman-aye; Carlson-aye; Smrdevant-aye; Jolly- aye. Motion carried. Hiilcrest Development proposes to expand their existing building site. No changes or exits are proposed to Jefferson Street or 39th Avenue. There will be ample parking. This item is for information only. B. POLICE CHIEF Police Chief Johnson mentioned that the laser speed guns have been used extensively within the City and have proven very effective in catching speeding motorists. Official Proceedings Columbia Heights Traffic Commission November 4, 1996 Page 5 VIII. The "No Parking" ban on City streets from 2 a.m. to 6 a.m. went into effect November 1, 1996. C. COMMISSIONERS ADJOURNMENT Motion by Sturdevant, second by Goodman, to adjourn the meeting at 9:00 P.M. Respectfully submitted, Traffic Commission Secretary MINUTES COLUF~BIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING OF OCTOBER 30, 1996 CALL TO ORDER. The Special Meeting of the Columbia Heights Economic Development Authority (EDA) Board of Commissioners was called to order by President Peterson at 5:30 p.m. on Wednesday, October 30, 1996, at the City Hall Council Chambers, 590 40th Avenue N.E., Columbia Heights, Minnesota. ROLL CALL. Commissioners Present: Richard Dustin, Eusebius Heintz, Patricia Jindra, Donald Jolly, Meg Jones, Gary Peterson, Robert Ruettimann. Staff Present: Walter Fehst, Executive Director; Kenneth Anderson, Deputy Executive Director; Becky Townsley, Secretary. Others Present: Gordon Awsumb, Representing the Columbia Heights Business Center owners; Roger Jensen, Anoka County Economic Development Partner- ship; Constance Brown, Leasing Manager of Cellular Realty Advisors; Harold Hoium. UNFINISHED BUSINESS. President Peterson suggested starting with Item B since all involved persons for Item A were not present. Consider Site Lease Agreement with APT for Parkview Villa North. Constance Brown, Leasing Manager of Cellular Realty Advisors, Inc., representing APT was present at the meeting and answered questions concerning the Site Lease Agreement with APT for placement of antennas on Parkview Villa North. Commissioners were furnished copies of the proposed Site Lease Agreement to review. Mr. Anderson pointed out that in the Site Lease Agreement that an annual rent of $12,000 was being proposed, where previously the rent was set at $7,000 to $8,000, with a 4% increase of the previous year's annual rent or by an amount equal to the increase in the Consumer Price Index for a five year term. Commissioner Ruettimann requested that payments be made annually in advance, instead of quarterly as indicated in the Agreement. There was discussion concerning a provision in the Agreement allowing a substitution of rent monies paid by APT to the EDA, in the event that HUD should change its existing policy allowing the' contribution or donation of monies on HUD properties for this purpose. Alternative compensation such as the EDA could receive a payment of goods or services in lieu rent money, i.e. van, furnishings, etc., or something agreeable to both parties. MOTION by Ruettim&nn, second by Heintz to waive the Reading of Resolu- tion 96-12, there being ample copies available to the public. Roll Call: All Ayes. MOTION CARRIED. MOTION by Ruettimann, second by Heintz, to adopt Resolution 96-12, being a resolution to approve the Site Lease Agreement between the Columbia Heights Economic Development Authority and APT Minneapolis, Inc. to in~tall di~eti0nal antennas and equiDment on Parkview Villa North with the correction of term payment. Roll Call: All Ayes. MOTION C~RRIED. ~ ~.EDA SPECIAL MEETING MINUTES OCTOBER 30, 1996 PAGE 2 C. Consider Land Sale to Medtronic, Inc. MOTION by Ruettimann, seconded by Jindra to approve revised legal description for Ordinance No. 1312, Being an Ordinance Authorizing the Conveyance of Certain Real Estate Located at 721 515t Avenue N.E. Roll Call: All Ayes. MOTION CARRIED. Consider Proposal to Relocate Business to the Columbia Heights Business Center, 3989 Central Avenue N.E. Mr. Anderson explained that the subcommittee that had been established at the last regular EDA meeting has met twice. The subcommittee is recommending that the EDA approve the $80,000 funds be used for leasehold improvements to facilitate the relocation to TLC Precision Wafer Technology, Inc. from Minneapolis to the Columbia Heights Business Center. Mr. Anderson passed out a form entitled "Waiver and Release" that he had received from Steve Bubul the EDA attorney. The. document basically highlights the major issues on how the $80,000 was generated in a summary form. Anderson reviewed the complicated out line form procedure with the Commissioners. In short, the EDA is allowed $80,000 in tax increment accordance to the terms of the workout agreement with Mobilia. The question now is, do we as an EDA want to use this money to make leasehold improvements to the second story of the Business Center to allow the building to be modified so that TLC can be located there creating new jobs and a seven year guarantee lease in the building. Commissioners Ruettimann questioned, since the 2nd half of 1995 taxes have not been paid yet, how could the EDA advance $80,000 that we do not have? Mr. Anderson explained that as part of this agreement, the EDA is willing to contribute the $80,000 to leasehold improvements to the Columbia Heights Business Center, subject to Mobilia making good on their 1995 second half tax payment. In summary a balance outstanding on the second half of 1995 taxes is $153,130.88 because it was not paid on time there is outstanding interest and penalty charges which brings the total to $189,116.07. Provided that Mobilia makes that payment in its entirety there will be approximately $121,000 in tax increment generated from that payment which is payable to the City of Columbia Heights or HRA through TIF proceeds, of that amount $80,000 is being proposed to be used for improvements to the Columbia Heights Business Center. For 1996, because of the workout deal and reduction in estimated market value for the property, Mobilia's taxable obligations go down to $93,759.34 for taxes payable in 1996. They are current on their 1996 taxes except for $20,000. Commissioner Jolly asked, other than the taxes, delinquent items outstanding against the property? were there any Mr. Anderson reported that the water bill was delinquent as of October 11, 1995. · ~ ~ EDA SPECIAL MEETING MINUTES OCTOBER 30, 1996 PAGE 3 Gordon Awsumb, representative of the Business Center indicated that cash flow was the reason for nonpayment. There have been some additional investors brought in this summer, but the building needs new tenants, that is why this proposal with the EDA is so important. There was discussion on the use of stocks as a means of providing security for the use of $80,000 in funds for leasehold improvements to the building by TLC. The amount of stocks indicated by Dr. Childs of TLC, is $28,000 being split three ways, between the EDA, Anoka County Economic Development Partnership and Genesis. Anoka County Partnership has indicated they are willing to turn their portion of shares to the EDA, in order to see this project move forward. Therefore, the EDA would receive 2/3 of the pledged stocks. Commissioner Ruettimann asked Gordon Awsumb if there were any other outstanding payments, that he was aware of, owed the City? Mr. Awsumb indicated that his understanding is that Mobilia, Ltd. is current with all payments due the City except the previously discussed utility bill. Mr. Anderson stated that staff is looking for an indication from the EDA whether they are in favor of contributing the $80,000 to TLC provided that certain conditions are met i.e., seven year fixed term, prepayment of outstanding taxes, payment of outstanding utilities. Staff would like to go through with due diligence to verify all conditions are met that the $80,000 would be made available to TLC to make this deal go forward. Mr. Anderson suggested the EDA pass a motion to conceptional approve the relocation of TLC to the Columbia Heights Busines Center subject to receiving a resolution at the next meeting that would outline all the specific conditions in writing° MOTION by Heintz, seconded by Jolly, to direct staff to prepare a resolution concerning the use of the $80,000 to allow TLC Precision Wafer Technology, Inc. to relocate from Minneapolis to the Columbia Heights Business Center incorporating all the conditions discussed and bring it back to the next EDA Regular Meeting. Roll Call: All Ayes. MOTION CARRIED. MOTION by Heintz, second by Jones, to adjourn the meeting at 7:00 p.m. Roll Call: All Ayes. MOTION CARRIED. Respectfully submitted, Rebecca Townsley, Secretary Gary L. Peterson, President Date agpk CITY OF COLUMBIA HEIGHTS (t-) 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING OF NOVEMBER 6, 1996 MEMBERS Marlaine Szure£, Chair James Fowler Russ Paulson Gary Peterson Gary [_arson The Planning and Zoning Commission meeting of November 6, 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. Also present were Tina Goodroad (Zoning Coordinator), Jim Hoeft (City Attorney) and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Peterson, seconded by Paulson, to approve the minutes from the Planning and Zoning Commission meeting of October 1, 1996 as presented in writing. Roll Call: All Ayes. Motion Carried. NEW BUSINESS: Petitions, letters and requests. Public Hearing Conditional Use Permit Case #9611-51 Don's Heights Auto Wash 4423 Central Avenue N.E. Columbia Heights, Mn. Ms. Goodroad presented the request of Gerald I(oschney, owner of Don's Auto Wash, is requesting a Conditional Use Permit to allow the construction of a 8' x 10' cashiers booth building at the rear of the property located at 4423 Central Avenue for use as a cashier stand so that customers can stay in their cars to pay for the wash. This will keep the lines moving at a faster rate. Ms. Goodroad referred to Section 9.113(2) of the Retail Business Section of the Zoning Code requires a Conditional Use Permit to allow the construction of accessory buildings. She indicated that the site plan shows the location of the proposed accessory building on the Int. She stated that customers will enter the lot at the same curb cut that exists on Central Avenue and drive straight back to the cashier booth or to the end of the line. Cars will move around the outside or east side of the cashier stand, pay for the wash and drive into the car wash building. Cars may also enter the property from the rear, off Tyler Place, and pay for the wash at the booth if there is no line. Otherwise, they would have to drive to the rear of the line. It is the owner's desire to make the car wash process more efficient and help eliminate the need for additional staff. She stated that there would be no changes to the main building structure. All driving areas are currently hard surfaced. The public hearing was opened by Chairperson Szurek. The public hearing was closed by Chairperson Szurek as no one was present to speak regarding this request. MOTION by Fowler, seconded by Peterson, to recommend to the City Council the approval of the request for a Conditional Use Permit to allow the construction of a 8'x 10' accessory building located at 4423 Central Avenue as all requirements of the Zoning Ordinance are in compliance. Roll Call: All Ayes. Motion carried. 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 DISABILITY iN EMPLOYMENt OR tHE PROV{SION OF SERVICES EQUAL OPPOF~TUNt~-~ EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES ~OVEMI~ER 6, 1996 PAGE 2 **THIS ITEM TO APPEAR ON THE NOVEMBER 12, 1996 CITY COUNCIL AGENDA. Public Hearing Conditional Use Permit Case #9611-52 Keith Haskell/TEAMS Expl. Post 2600 RE: 4300 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Keith Haskell, on behalf of the TEAMS Explorer Post 2600, for approval of a Conditional Use Permit to allow the operation of a Christmas Tree sales lot in the easterly parking area of the Central Valu Shopping Center. The lot will be operated from November 29, 1996 through December 24, 1996. The lot will be placed in approximately the same location as the operation of 1995 along the far east end of the parking lot. She stated that more than ample parking spaces will be maintained for the shopping center. A letter from the property owners, Kraus Anderson Company, has not been received granting TEAMS permission to conduct this activity at this site. Ms. Goodroad also informed the Commission of the problems with the clean-up at this site during the 1995 season. A letter from Mr. Haskell was received by Staff outlining the clean-up procedures to be implemented by this group for this operation to try and avoid the problems encountered in 1995. Commissioner Szurek opened the public hearing. The public hearing was closed as no one was present to speak regarding this request. MOTION by Paulson, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of a Christmas Tree sales lot at 4300 Central Avenue as requested provided the proper license is obtained prior to operation and that all required fees and deposits are submitted to the License/Permit Clerk prior to the license being issued. Roll Call: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE NOVEMBER 12, 1996 CITY COUNCIL MEETING. Public Hearing Site Plan Review Case #9611-53 Hillcrest Development 550 N.E. 39th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Hillcrest Development for site plan approval of a 74,150 square foot addition to their existing building at 550 N.E. 39th Avenue. She informed the Commission that the existing building is broken up into a variety of tenant spaces for multiple users, mostly for warehouse use. She indicated that the owners are hoping for one or two users of the addition most likely for a warehouse type of use. Ms. Goodroad informed the Commission that all parking spaces must be 9' x 20' except for required handicap spaces which must meet State Building Code requirements. The entire lot must be hard surfaced and striped. She PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES NOVEMBER 6, 1996 PAGE 3 stated that currently, all areas on the plan are hard surfaced with the site plan indicating that all new parking areas will be striped. The parking space requirements for the existing building and new structure are based on size and use. The existing building totals 91,760 square feet. The manufacturing portion is approximately 20% of the building's use which would require 27 parking spaces. The remaining 80% of the building, being used as warehouse, is required to have 33 parking spaces. Based on these calculations, the existing building would require a minimum of 60 parking spaces. The new structure is proposed to be 55,024 square feet with a 21,000 square foot section linking the existing structure and the new structure for a total of 76,024 square feet. Because Hitlcrest is expecting the primary use to be manufacturing, the minimum parking spaces required for the new structure would be 34 parking spaces. Total parking spaces required for the existing and new facility is 94 spaces. The site plan indicates the provision of 162 parking spaces. Ms. Goodroad stated that all Industrial District setback requirements of the Zoning Ordinance are being met. Ms. Goodroad stated that the proposed addition will not require additional curb cuts or expand the hard surfaced area. All of the expansion will be located on their property which is currently paved. Appropriate curbing is being provided along the parking lot perimeters. Ms. Goodroad indicated that the requirements of Section 9.113(3)(e) of the Parking Ordinance are being provided around all parking areas and green space provided along the entire front yard setback. The landscape plans indicate all the trees, shrubs/ground cover that is proposed for the entire site to be dispersed along the front yard setback, around the front of the existing building and along the east side of the new facility. The rear of the entire lot is screened by a hill with dense trees at the top of the hill. Ms. Goodroad presented pictures of the site submitted by the owners representing how well the dense trees at the top of the hill screen this site from the adjacent residential properties behind them. She explained that the applicants would like the hill and trees to be considered as part of the screening requirement. She stated that technically, screening should be provided whenever a business or individual use is within 300 feet of a residential district. Only the south side of this tot is within this minimum. She felt that plantings could be substituted for the screening as long as they provide no less than eighty (80%) percent opacity. Ms. Goodroad informed the Commission that loading berths are being provided as required by Section 9.116(6)(c) of the Zoning Ordinance which states loading berths are required as follows for manufacturing, fabrication, processing and warehousing: At least one loading berth 25 feet in length for each building having 3,000 s.f. or fraction threrof plus one loading berth 50 feet in length for each 25,000 s.f. of floor area up to 100,000 square feet, plus one loading berth for each 50,000 square feet of floor space thereafter with the operator having the option to declare the length but at least 112 of the total number shall be 50 feet in length. She stated that the existing building has one existing concrete pa'd and ramp and the new facility has two docks off the linkage building and eight drive-in docks for the new building to accomodate a warehouse site. 590 40TH AVENUE 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 NOVEMBER 6, 1996 PAGE 4 It has been assumed by the architect that mechanical equipment would most likely be stored on the roof, but Ms. Goodroad stated that this was not indicated on the site plan. She informed the Commission that all mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facade so that such equipment is not visible at street level or from neighboring properties. She also stated that all refuse storage outside must be completely screened from view. As far as signage for the proposed structure, Ms. Goodroad stated that signage plans had not yet been submitted. She stated that signage would be based on the front width of the building. The totat sign area shall not exceed two (2) square feet of each front foot of the building. However, wall signage cannot exceed 100 square feet and a freestanding sign cannot exceed 100 square feet with a height limitation of 40 feet. Ms. Goodroad directed the Commission's attention to a memo from Public Works Director, Mark Winson, regarding his review of the site plan. Mr. Winson stated that all retaining walls that are constructed over 30 inches in height must be reviewed by the Engineering Department. Mr. Winson has stated that additional information will be necessary as to the actions that will be taken to mitigate erosion or damage to the property to the west as it appears that the west end of this site drains onto the property to the west. He also would like to see an area for on-site detention of storm water run-off on this site. He suggested an area of 200 feet by 50 feet that could handle 12,600 cubic feet of storm water run-off. He would like to see this area installed along 39th Avenue as there is a 15 inch private storm sewer line crossing 39th Avenue approximately 23 feet west of the existing storm sewer catch basin on 39th Avenue. Ms. Goodroad proposed that this be provided in an area over the first row of parking spaces facing 39th Avenue abutting the green area which, she stated, could easily be expanded and used for the storm water runoff. This change would eliminate 28 parking spaces reducing the total amount to be provided to 134 parking spaces. Ms. Goodroad informed the Commission that this site plan was presented to the Traffic Commission. No action was taken by them as no new ingresslegress openings were being proposed for the site. Ms. Goodroad stated that all other zoning related requirements are being met other than a few contingency items that will need to be addressed when the construction drawings are submitted. Discussion was held regarding the use of the dense trees and hill on the south side of this site as being sufficient for screening. It was the Commissions contention that the existing is ample screening. Chairperson Szurek opened the public hearing. Jens Beck, of Beck Architects, was present as architect for this project. Scott Tankenhoff, of Hillcrest Development, was also present to address any questions of the Commission. The public hearing was closed as no one else was present to speak regarding this request. PLANNING AND 7ON,NC COMMISSION REGULAR MEETING - MINUTES ~OV~M~£R 6, ~gg6 PAGE 5 Commissioner Fowler asked if Security Fence Company will be relocating from their current location in the southeasterly area of the parking lot. Mr. Tankenhoff stated that they will be moving from the site shortly. Staff informed Mr. Fowler that the owner of Security Fence has been working the Community Development Director to find a site within the City for his operation. Commissioner Fowler also inquired as to the time frame of the construction of this proposal and targeted occupancy date. Mr. Tankenhoff stated that the proposed date of occupancy is for July 1, 1997. MOTION by Paulson, seconded by Peterson, to approve the site plan for the expansion at 550 N.E. 39th Avenue contingent upon the following items being approved by Staff prior to issuance of the building permit: 1. Rooftop screening provided as approved by Staff. 2. Retaining walls over 30 inches in height be reviewed and approved by the Engineering Department. 3. Erosion and drainage control on the west side of the property be reviewed and approved by the Engineering Department. 4. An on-site detention of storm water runoff be provided on the north side of the property as approved by the Engineering Department. 5. Adequate erosion control information be submitted by the applicant for review by the Engineering Department. 6. Approval by the Fire Department. Roll Call: All Ayes. Motion Carried. OLD BUSINESS: Public Hearing Variance Case #9610-49 Walter Horishnyk 5055 Madison Street N.E. Columbia Heights, Mn. Ms. Goodroad presented this request for the construction of a new 24' x 28' detached garage at 5055 Madison street with the driveway and doors facing 51st Avenue which was tabled at the October Planning and Zoning meeting due to insufficient information being provided. A survey was required to be submitted to indicate the exact dimensions of the lot and the appropriate distances of the proposed structure to the lot lines. That survey document was not provided and resulted in the case being tabled to allow the applicant the opportunity to obtain that information. Ms. Goodroad stated that she had sent Mr. Horishnyk a letter informing him of the date of the next Planning and Zoning Commission meeting and the deadline of October 21, 1996 for submitting the required survey so the request could be handled at this meeting. She stated that Staff has not received any response from him as of this meeting. 590 40TH AVENUE 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 ~OVEMBER 6, 1996 PAGE 6 MOTION by Paulson, seconded by Fowler, to deny the variance request for 5055 Madison Street as sufficient information for review of the request has not been submitted. Roll Call: All Ayes. Motion carried. STAFF REPORTS. A. In follow-up to last month's report regarding the Minnesota Design Team, Ms. Goodroad again reviewed the process for obtaining the services of this group. She informed the Commission that she will be making a presentation to the Chamber of Commerce at this month's meeting. She also requested a letter from the Chair of the Commission stating the support of Staff in applying for the Fall 1997 Minnesota Design Team visit. MOTION by Fowler, seconded by Paulson, that the Planning and Zoning Commission members support Staff in applying for a Fall 1997 Minnesota Design Team visit which will assist this Commission in their long-range, comprehensive planning process and visioning. A letter will be prepared by the Chair of this Commission recognizing this support. Roll Call: All Ayes. Motion carried. B. Ms. Goodroad informed the Commission that a Loan and Grant application for 8500,000 was awarded by the Department of Trade and Economic Development to the City of Columbia Heights earmarking a 8250,000 grant for City infrastructure improvements and a 8250,000 loan from the City to Medtronic for purchase of machinery and equipment. She also informed them that the ribbon cutting for the north addition will be held in Mid-December. Further information will be forthcoming. MOTION by Paulson, seconded by Fowler, to adjourn the meeting at 8:20 p.m. Roll Call: All Ayes. Motion carried. Respectfully s,u~mitted, Kathry~/Pepin ~' License/Permit Clerk kp OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION JANUARY 22, 1996 The Board of Trustees Meeting was called to order at 9:34 p.m. Jones, Jolly, Ruettimann, Peterson, Sturdevant- present APPROVAL OF MINUTES Motion by Ruettimann, second by Peterson to approve the minutes of the November 27, 1995 Board of Trustees Meeting as presented. Roll call: All ayes There were no corrections. ACCEPT RESIGNATION Motion by Peterson, second by Jones to accept the resignation of Lance R. Montague, Volunteer Fire Department, effective December 28, 1995. No Relief Association benefits have been accrued. Roll call: All ayes ACCEPT NEW MEMBERS TO THE ASSOCIATION Motion by Jolly, second by Sturdevant to have the Fire Department Volunteer Relief Association Board of Trustees take official action to accept Mark J. Fisher and Samuel J. Hinrichs as members of the Association effective January 2, 1996. Roll call: All ayes ACCEPT RESIGNATION DUE TO RETIREMENT Motion by Jones, second by Ruettimann to accept the resignation of Robert A. Davidson due to retirement from the Columbia Heights Fire Department effective February 15, 1996, and furthermore, to schedule pension payments through the Volunteer Division Relief Association. Per Article VI, Schedule A, the amount of Mr. Davidson's monthly pension will be $367.20. Roll call: All ayes ACCEPTANCE OF COUNCILMEMBER TO RELIEF ASSOCIATION Motion by Sturdevant, second by Jolly to accept Councilmember Jones to the Fire Department Relief Association. Roll call: All ayes BOARD OF TRUSTEES MEETING JANUARY 22, 1996 PAGE 2 ADJOURNMENT Motion by Peterson, second by Sturdevant to adjourn the Board of Trustees Meeting at 9:40 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: NOVEMBER 12, 1996 AGENDA SECTION: .FIRE RELIEF ASS0ClATI0qORiGiNATiNG DEPT.: CITY MANAGER NO: FINANCE ~. ~'/--," ',-r-- APPRON:AL · 1,,, /, ITEM: RESOLUTION APPROVING THE BY: WILLIAMELRITI~'L~?'r BY:~~?~/ AMENDMENT OF THE BY-LAWS DATE: 11/4/96 DATE. OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF " ASSOCIATION, VOLUNTEER DIVISION NO: In December of 1995, the City Manager commenced negotiations with the Board of Examiners for the Volunteer Division of the Fire Relief Association regarding their pension plan. The negotiations, as initiated by Pat Hentges, were to eliminate the current defined benefit plan which provides for either a lump sum or a lifetime monthly pension, and go with a defined contribution plan. The significant difference between these two is that under a defined benefit monthly pension plan, the City is guaranteeing that the retirees will receive a specific monthly pension for life. Under the defined contribution plan, the City is putting a negotiated dollar amount into a pension plan, and the retirees receive their proportionate amount of this fund when they retire. Presently, the Volunteer Relief Association pension plan is the only active pension plan in the City where the City is guaranteeing a specific pension upon retirement. All other pension plans from the City are in essence a defined contribution-type of plan. To implement the changes, it is necessary to have a resolution by both the City Council and the Board of Trustees approving the change in the by-laws. Attached are both resolutions and the recommended motions for the City Council and for the Board of Trustees to adopt. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to Adopt Resolution 96- ., Resolution Amending the Bylaws of the Columbia Heights Fire Department Relief Association, Volunteer Division. 9611043 COUNCIL ACTION: RESOLUTION NO. BEING A RESOLUTION AMENDING THE BY-LAWS OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION BE IT RESOLVED by the Board of Trustees of the Columbia Heights Fire Department Relief Association, Volunteer Division, that: The By-Laws of the Columbia Heights Fire Departvfient Relief Association, Volunteer Division, are herewith amended to add the following: ARTICLE IX RETIRED FIREFIGHTER PENSION BUY-OUT Section 1. AMOUNT. The retired volunteer firefighters named below shall receive the amounts specified below, in single lump sum payments, less applicable tax withholdings, in full payment and satisfaction of their entire remaining service pension benefits, and any other benefits due to them or their beneficiaries from the Relief Association: Robert Davidson 56 $368.00 $63,000.00 Ronald Chan 57 $357.00 $60,300.00 Mitch DeMars 69 $320.00 $42,850.00 Richard Gill 64 $284.00 $42,700.00 Donald Jolly 59 $287.00 $47,000.00 Joe Matlon 73 $279.00 $33,350.00 Roy Meinhardt 63 $279.00 $42,700.00 Lawrence Nelson 69 $279.00 $37,400.00 Ralph Volkman 63 $279.00 $42.700.00 TOTAL $412,000.00 Section 2. EFFECTIVE DATE. The benefits set forth in this Article IX shall become effective upon approval by the City Council and the Board of Trustees and the signed agreement by all of the volunteer firefighters named above. Such agreements must be signed and returned in the time specified by the President of the Board of Trustees. Section 3. DATE OF PAYMENT. The payments specified above shall be made as soon as possible after receipt of the approvals and agreements referred to in Section 2. Section 4. GOVERNING EFFECT. This Article IX shall govern over any prior provisions in the By-Laws which may be inconsistent with it. Passed this Offered by: Seconded by: Roll Call: day of ,1996. Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary