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HomeMy WebLinkAboutMarch 10, 1997 RegularCiTY OF COLUMBIA HEIGHTS (l") 590 40TH AVENUe N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION March 5, 1997 Mayor Joseph $t~rdevant Councilmembers Donald (;. Jolly Meg Jo~es Gary L. Peterson Robe~ ~ Rue~ann Ci~ Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 10, 1997 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in alt 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 Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part: of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Adopt Council Minutes MOTION: Move to adopt the minutes of the February 24, 1997 Regular Council Meeting, the minutes of the February 27, 1997 Special Council Meeting and the minutes.of the March 3, 1997 Public Hearing. 2) Conditional Use Permit - Ace Hardware, 2261 37th Avenue MOTION: Move to approve the Conditional Use Permit for 2261 37th Avenue N.E. to allow for the use of a temporary tent structure from April 21, 1997 through July 31, 1997 provided a $500 deposit is submitted to the Licence/Permit Clerk prior to installation. CITY COUNCIL AGENDA MARCH 10, 1997 MEETING PAGE 2 3) Final PUD Final Plan Review, TVI, Inc. MOTION: Move to approve the PUD Final Plan for the proposed development at 4849 Central Avenue as it is consistent with the City's Comprehensive Plan and Zoning Ordinance and satisfies the requirements of the PUD Final Review portion of the Zoning Ordinance contingent upon review and approval of the Traffic Commission at their meeting of March 5, 1997. 4) Award of Bid - 1997/1998 Tree Replanting Program MOTION: Move to award the 1997-1998 Tree Replanting contract to Greenworks, Inc. of Loretto, Minnesota, the lowest, qualified, responsible bidder for the unit prices submitted in their proposal dated February 27, 1997, up to an amount of $20,850.00; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 5) Advertising at Top Valu MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Cities 97 for advertisments of liquor store merchandise and hours at a cost of $705 per week. 6) Accept Report of Telecommunications Commission on Electronic Bulletin Board MOTION: Move to accept the report of the Telecommunications Commission regarding an electronic bulletin board. (refer to the enclosed minutes of the Telecommunications Commission) 7) MHFA First Time Homebuyer Minnesota City Participation Program (MCPP) MOTION: Move to award the proposal for the 1997 Minnesota City Participation Program to the Minnesota Housing Finance Agency, to approve the expenditure of $3,348.69 payable from the Economic Development Authority fund for the required 1% application fee and processing fee, and furthermore, to authorize the Mayor and City Manager to enter into the Program Application - Commitment Agreement for the same. 8) Designation of One Hour Parking on the East Side of 5th Street at 40th Avenue MOTION: Move to designate "One Hour" parking on the east side of 5th Street adjacent to 501 40th Avenue, 4001 Fifth Street and 4005 Fifth Street, based on a recommendation of the Traffic Commission. CITY COUNCIL AGENDA MARCH 10, 1997 PAGE 3 9) Approval of License Applications MOTION: Move to approve the license applications as listed. 10) Payment of the Bills MOTION: Move to approve the payment of the bills as listed out of proper funds. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Presentation Carolyn Iverson, Volunteer Coordinator, Anoka County Human Services Dept. "Community Home Visiting Project" 6. PUBLIC HEARINGS Second Reading of Ordinance No. 1340 Being an Ordinance Pertaining to Zoning Amendments MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1340 being an ordinance pertaining to zoning amendments. Public Hearing to Conduct a Preliminary Review of Rezoning Request by Owners of Conoco at 3701 Central Avenue MOTION: Move to recess the public hearing and schedule the public hearing to reconvene April 14, 1997. Co Public Hearing to Consider Opinion Regarding Suspension of Rental Licenses - Lynde Investment Properties (This item was tabled at the February 24, 1997 Regular Council Meeting to a Special Council Work Session on March 4, 1997 with the results of the March 4, 1997 Meeting to be discussed at the March 10, 1997 Regular Council Meeting.) CITY COUNCIL AGENDA MARCH 10, t997 PAGE 4 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances B. Bid Considerations C. Other Business 1) Authorize Staff to Apply for DNR C.O.R.E. Funding MOTION: Move to authorize staff to apply to the DNR C.O.R.E. Program for installation of an aerator and fishing pier on Silver Lake based on the recommendation of the Park and Recreation Commission. 2) Establish Council Work Sessions The City Manager is recommending that a Council work session be scheduled for 5:00 p.m. on Monday, April 7, 1997 and at 7:00 p.m. on Monday, April 21, 1997. N.B. Please bring your calendars to review everyone's availability. 3) Authorization to Seek Proposals for Pool Consulting Services MOTION: Move to authorize staff to seek proposals for consulting services on pool improvements based on a recommendation of the Park and Recreation Commission. 4) Access Site at 4849 Central Avenue MOTION: Move to recommend the curb opening be a minimum of 30' and if it need be widened, be no less than 32' with the addition of a stop sign being installed on the east side of the driveway, based on a recommendation of the Traffic Commission. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney ADMINISTRATION ~:ASST. TO THE CITY MGR. LINDA HAGEE March 5, 1997 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 10, 1997 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum, or items submitted after the agend~ preparation deadline.) ' ms are consioered to be routine by the City Council and will be enacted as par~ 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 minutes of the February 24, 1997 Regular Council Meeting, the minutes of the February 27, 1997 Special Council Meeting and the minutes of the March 3, 1997 Public Hearing. 2) Conditional Use Permit - Ace Hardware, 2261 37th Avenue MOTION: Move to approve the Conditional Use Permit for 2261 37th Avenue N.E. to allow for the use of a tempor~,,ry tent structure from April 21, 1997 through July 31, 1997 provided a $500 deposit is submitted to the LiceSe/Permit Clerk prior to installation. ~e City of Columbia Heights does not discriminate on the basis of disability in employment or the proz6siv~ of services Equal Opportunivy Employer CITY COUNCIL AGENDA MARCH 10, 1997 MEETING PAGE. '2 3) Final PUD Final Plan Review, TVI, Inc. MOTION: Move to approve the PUD Final Plan for the proposed development at 4849 Central Avenue as it is consistent with the City's Comprehensive Plan and Zoning Ordinance and satisfies the requirements of the PUD Final Review portion of the Zoning Ordinance contingent upon review and approval of the Traffic Commission at their meeting of March 5, 1997. 4) Award of Bid - 1997/1998 Tree Replanting Program MOTION: Move to award the 1997-1998 Tree Replanting contract to Greenworks, Inc. of Loretto, Minnesota, the lowest, qualified, responsible bidder for the unit prices submitted in their proposal dated February 27, 1997, up to an amount of $20,850.00; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 5) Advertising at Top Valu MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Cities 97 for advertisments of liquor store merchandise and hours at a cost of $705 per week. 6) Accept Report of Telecommunications Commission on Electronic Bulletin Board MOTION: Move to accept the report of the Telecommunications Commission regarding an electronic bulletin board. (refer to the enclosed minutes of the Telecommunications Commission) 7) MHFA First Time Homebuyer Minnesota City Participation Program (MCPP) MOTION: Move to award the proposal for the 1997 Minnesota City Participation Program to the Minnesota Housing Finance Agency, to approve the expenditure of $3,348.69 payable from the Economic Development Authority fund for the required 1% application fee and processing fee, and furthermore, to authorize the Mayor and City Manager to enter into the Program Application - Commitment Agreement for the same. 8) Designation of One Hour Parking on the East Side of 5th Street at 40th Avenue MOTION: Move to designate "One Hour" parking on the east side of 5th Street adjacent to 501 40th Avenue, 4001 Fifth Street and 4005 Fifth Street, based on a recommendation of the Traffic Commission. CITY COUNCIL AGENDA MARCH 10, 1997 PAGE 3 9) Approval of License Applications MOTION: Move to approve the license applications as listed. 10) Payment of the Bills MOTION: Move to approve the payment of the bills as listed out of proper funds. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Presentation Carolyn Iverson, Volunteer Coordinator, Anoka County Human Services Dept. "Community Home Visiting Project" 6. PUBLIC HEARINGS Second Reading of Ordinance No. 1340 Being an Ordinance Pertaining to Zoning Amendments MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1340 being an ordinance pertaining to zoning amendments. Public Hearing to Conduct a Preliminary Review of Rezoning Request by Owners of Conoco at 3701 Central Avenue MOTION: Move to recess the public hearing and schedule the public hearing to reconvene April 14, 1997. Public Hearing to Consider Opinion Regarding Suspension of Rental Licenses - Lynde Investment Properties (This item was tabled at the February 24, 1997 Regular Council Meeting to a Special Council Work Session on March 4, 1997 with the results of the March 4, 1997 Meeting to be discussed at the March 10, 1997 Regular Council Meeting.) CITY COUNCIL AGENDA MARCH 10, 1997 PAGE 4 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances B. Bid Considerations C. Other Business 1) Authorize Staff to Apply for DNR C.O.R.E. Funding MOTION: Move to authorize staff to apply to the DNR C.O.R.E. Program for installation of an aerator and fishing pier on Silver Lake based on the recommendation of the Park and Recreation Commission. 2) Establish Council Work Sessions The City Manager is recommending that a Council work session be scheduled for 5:00 p.m. on Monday, April 7, 1997 and at 7:00 p.m. on Monday, April 21, 1997. N.B. Please bring your calendars to review everyone's availability. 3) Authorization to Seek Proposals for Pool Consulting Services MOTION: Move to authorize staff to seek proposals for consulting services on pool improvements based on a recommendation of the Park and Recreation Commission. 4) Access Site at 4849 Central Avenue MOTION: Move to recommend the curb opening be a minimum of 30' and if it need be widened, be no less than 32' with the addition of a stop sign being installed on the east side of the driveway, based on a recommendation of the Traffic Commission. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney CITY COUNCIL AGENDA MARCH 10, 1997 PAGE 5 GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) Telecommunications Commission Meeting of February 20, 1997 2) Charter Commission Meeting of February 20, 1997 3) Traffic Commission Meeting of March 5, 1997 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. Fehst, City Manager WF/js VOLUNTEER BOARD OF TRUSTEES MEETING 1. Call to Order/Roll Call 2. Approval of Minutes of November 12, 1996 Board of Trustees Meeting MOTION: Move to approve the minutes of the November 12, 1996 Board of Trustees Meeting. 3. Recommendation for Relief Association Membership MOTION: Move to have the Fire Department Volunteer Relief Association Board of Trustees take official action to accept Mark O. Seaton as a member of the Association effective March 1, 1997. Adjournment MOTION: Move to adjourn the Board of Trustees Meeting. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 24, 1997 o .CALL TO ORDER/ROLL CALL The Mayor called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. PLEDGE OF ALLEGIANCE o ADDITIONS/DELETIONS TO THE MEETING AGENDA Counci!member Jolly advised of the addition of the second reading of Ordinance No. 1328 which addresses the abandonment of the City Charter. This matter was identified as 7-A-3. Mayor Sturdevant stated that the resolutions approving revocation of residential rental licenses held by Lynde Investments for twelve buildings was moved from Items for Consideration to Public Hearincs. Councilmember Ruettimann requested the following items be removed from the Consent Agenda: PUD Preliminary Plan, TVI, Inc., 4849 Central Avenue and the renewal of the SACCC joint powers agreement and the alternative meeting schedule. CONSENT AGENDA The following items are considered to be routine by the City Council and are enacted as part of a consent agenda by one motion: Motion by Ruettimann, second by Peterson to approve the following items on the consent agenda: AdoDt Council Minutes The Council approved the minutes of the February !0, 1997 Regular Council Meeting as presented. Resolution No. 97-23 Bein~ a Resolution Re~ardinq Aqreement Between the City and the PMA The reading of the resolution was waived there being ample copies available for the public. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 2 RESOLUTION NO. 97-23 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF COLUMBIA HEIGHTS AND PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 1997 and 1998; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and 1998 for Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. Passed this 24th day of February, 1997. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Councilmember Jones requested a definition of the vehicles used by the Fire Chief and the Police Chief relative to being "used for only official transportation." The Public Works Director advised that the policy has been that it is more appropriate to have vehicles available to these two employees at all times as they are essentially on call twenty-four hours a day. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 3 Authorization to Purchase Hydrants and Repair Parts The Council authorized the Mayor and City Manager to enter into an agreement with Northern Water Works for hydrants and repair parts based on their low, responsible quotation of $6,105.29 plus tax, with funding to come from Fund 601-49430- 2160. Purchase of In-Car Video Systems The Council authorized the purchase of two Eyewitness in-car video systems from Kustom Signals, Inc. at a total cost cf $10,690 plus tax with funding from Cable TV Fund and that the Mayor and City Manager are authorized to enter into a contract for same. Authorization to Purchase Underbody Plow The Council authorized the purchase of a Monroe MF-5-!0 underbody plow from Crysteel, Inc. of Fridiey, Minnesota, based on their low, responsible quotation of $3,276.25 plus tax and authorized the Mayor and City Manager to enter into an agreement for the same with funding to come from Fund 431- 43121-5180 and 101-43121-4395. Authorization for Installation of Replacement Starter at Pump Station ~2 The Council authorized the Mayor and City Manager to enter into an agreement with Aid Electric of Frid!ey, Minnesota, to furnish and install a new soft starter on Pump #2 at Pump Station #2 based on their low, responsible quotation of $4,235.00 with funding to come from the Water Construction Fund. Authorization to Seek Bids for 1997 Miscellaneous Concrete The Council authorized staff to seek bids for 1997 miscellaneous concrete replacement and installation project. Authorization to Seek Informal Bids - Officiatinq Services The Council authorized staff to seek bids for the purchase of softball/baseball officiating services. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 4 Startinq Pay for Vehicle Maintenance Foreman The Council approved the starting rate for Steve Synowczynski in the position of Vehicle Maintenance Foreman at the three year rate of $3,480 per month, based on the 1997 non-union schedule. Establish Council Work Session Dates The Council established Council work session dates and times as Monday, March 3, 1997 at 8:00 p.m. and Monday, March 17, 1997 at 7:00 p.m. Approval of License Applications The Council approved the 1997 license applications as listed. Approval of Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Roll call on Consent Agenda: Ail ayes PUD Preliminary Plan, TVI, Inc. - 4849 Central Avenu~ Councilmember Ruettimann had requested this item be removed from the Consent Agenda for further discussion. He questioned why this matter had not been brought before the Traffic Commission for its consideration. It was Councilmember Ruettimann's opinion that this proposed construction would impact the traffic flow and traffic patterns on 49th Avenue and cause congestion. His experience with the traffic flow in that location is that there is congestion already happening and the potential for this being aggravated exists. It was determined that part of the problem was the narrow width of the access into the businesses already there, Saver's and Hollywood Video, both of which generate considerble vehicular traffic. The Public Works Director suggested that consideration be given to widening the access on 49th Avenue. He had been led to believe Chat the Traffic Commission had already reviewed this matter. Councilmember Jolly, who serves on the Traffic Commission, advised this had been presented in concept form but was not addressed as an agenda item requiring formal action. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 5 The Zoning Coordinator noted that the project does not involve any changes nor any access location changes. The new construction being proposed for the site is an hair salon and a Subway fast food restaurant. Motion by Ruettimann, second by Jones to table this matter until it has been reviewed by the Traffic Commission. Roll call: Jones, Jolly, Peterson - nay Ruettimann, Sturdevant - aye Motion fails Motion by Peterson, second by Jones to approve the Preliminary Plan, refer it to the Traffic Commission for review and the recommendations of the Traffic Commission be included in the Final PUD which will be returned to the City Council for its consideration on March 10th. Roll call: Jones, Jolly, Peterson, Sturdevant - aye Ruettimann - nay Renewal of the SACCC Joint Powers AGreement and the Alternative Meeting Schedule Councilmember Ruettimann expressed concern regarding any potential future financial participation with this organization. He referred to Section !i which addressed the authorization to establish annual monetary contributions from member governmental units in amounts to be determined by the Board. He also noted there have been no financial statements distributed to participating entities. Motion by Ruettimann, second by Peterson to table this agenda item to the March 3, 1997 Council work session for further clarification. Roll call: Ail ayes RECOGNITION, PROCLAMATiONS~ PRESENTATIONS, GUESTS There were no items for this section of the agenda. PUBLIC HEARINGS A. Resolutions ADDrovinq/Opinion ReGardinG Suspension of Rental Licenses Held by Lynde Investment Lynde Investment owns twelve buildings in the City whose rental licenses are being considered for revocation as there is non-compliance with the Housing Maintenance Code. The most recent issue on which the owners and the city inspectors disagree is the inspection of each unit. REGULAR COUNCIL MEETING FEBRUARY 24,1997 PAGE 6 A letter drafted by legal counsel for Lynde Investment was sent to all renters in the buildings under consideration advising them of what appears to the owners to be unlawful entry into the units. The City Attorney drafted a memo to the City Council and staff which cited the statutorial basis for entering units which is Minnesota Statute 504.183 entitled "Tenant's Right to Privacy." Also, addressed was the issue of an inspection notice to tenants and whose responsibility it is to distribute that. One former tenant and one current tenant of Lynde Investment spoke to their individual experiences with this owner. Legal counsel for Lynde Investment proposed that the City inspect units when they are vacated by a moving tenant. Councilmember Jolly recalled that one tenant had resided in a building for twenty years. He felt this would hardly be an acceptable schedule for doing timely inspections. Lynde Investment's legal counsel stated it is felt that the City's Housing Maintenance Code is unconstitutional and that his client is prepared to go to court to support this position. He advised this would be filed in District Court. If this matter were found to be unconstitutional, there is the potential of a $600,000 lawsuit for funds lost through a potential sale of the property plus attorneys fees and the addition of possible punitive damages. The property owner stated he is willing to supply the names, addresses and unit numbers of tenants in his buildings to the City. He suggested these could be used to notify the tenants in any manner the City chooses. His legal counsel suggested that search warrants be gotten for units whose occupants did not respond or indicated their opposition to the inspection. It was observed by a member of the Council that the tenant lease used by Lynde Investment allows for entrance by the owner or his representative into individual units but there is no allowance made for city inspections whose purpose is to protect the health, safety and welfare of the occupant. Councilmember Peterson observed that nothing had been accomplished by all of the discussion to this point in time. He felt all involved parties were at an impasse. He also wanted a distinction made between "searching,, and "inspecting.,, He felt this reflected a poor understanding of what the inspection is intended to accomplish. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 7 He was also concerned with any potential for retaliation against a current tenant if he/she permitted the inspectors into their unit. The property owner stated this would not happen. Councilmember Jones inquired of the owner of Lynde Investments if he had any problem with his tenants calling 9-1-1 if they felt there were a problem. He responded he did not and he felt that the City was there to protect them. Counci!member Jolly stated he does not want this series of issues to continue much longer as nothing is being resolved. He requested a special meeting be scheduled where concerned parties from Lynde Investments, the Council and staff could discuss these matters and come to some resolve. Motion by Peterson, second by Jolly to table this agenda item and to schedule a meeting for March 4, 1997 at 5:00 p.m. to be held in City Hall with all interested parties and that the results of the March 4, 1997 meeting be brought to the March 10, 1997 Council Meeting. Roll call: Ail ayes ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances !) Resolution No. 97-21 Beinc a Resolution Requesting Representation from LeaGue of Minnesota Cities Insurance Trust Motion by Sturdevant, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: Ail ayes RESOLUTION NO. 97-21 BEING A RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA CITIES INSUP_ANCE TRUST FOR APPEAL WHEREAS, the City of Columbia Heights is a defendant along with the Minnesota Police Recruitment System, a Minnesota joint powers organization ("MPRS"), and 35 other Minnesota cities in two companion civil actions in Hennepin County District court entitled Fields v. MPRS et al. and Starks v. MPRS et al., District Court File Numbers EM 93-218 and EM 93- 219 (collectively referred to as the "Action"); and WHEREAS, by Order dated October 5, 1994, the court found that the entry level police officer selection procedures used by the defendants violated the Minnesota Human Rights Act; and REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 8 WHEREAS, by Order dated November 7, 1996, the court made the defendants subject to the continuing jurisdiction of the court until January 1, 2004; and WHEREAS, said orders establish standards for review of employee selection procedures which will be extraordinarily difficult to satisfy; and WHEREAS, said orders may be cited as precedent in future challenges to employee selection procedures of Minnesota cities which will be defended by the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, the City and other defendant cities may have future employment practices challenged in the context of the Action under the continuing jurisdiction of the court, which will be defended by the LMCIT; and WHEREAS, it would be advantageous to the City, the defendant cities in the Action and all other cities in Minnesota if the Action could be successfully challenged on appeal; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The City hereby requests the LMCIT to appeal the Action of the Minnesota Court of Appeals on behalf of the City. 2. The City Clerk is hereby directed to transmit a copy of this resolution to the LMCIT as soon as possible and to take such other actions as are necessary or expedient to secure the assistance of the LMCIT and to prosecute the appeal in the event the LMCIT agrees to represent the City. Adopted this 24th day of February, 1997. Offered by: Seconded by: Roll call: Sturdevant Peterson Ail ayes ATTEST: Mayor Joseph Sturdevant William Elrite, City Clerk REGULAR COLYNCIL MEETING FEBRUARY 24, 1997 PAGE 9 RESOLUTION NO. 97-22 RESOLUTION AUTHORIZING AND APPROVING PARTICIPATION IN COOPEP~ATIVE ACTIVITIES OF MINNESOTA POLICE RECRUITMENT SYSTEM WHEREAS, the City of Columbia Heights is a defendant along with the Minnesota Police Recruitment System, a Minnesota joint powers organization ("MPRS"), and 35 other Minnesota cities in two companion civil actions in Hennepin County District court entitled Field ¥. MPRS et al. and Starks v. MPRS et al., District Court File Numbers EM 93-218 and EM 93- 219 (collectively referred to as the "Action"); and WHEREAS, by order of the court dated November 7, 1996 (the "Order") in the action the defendants are obligated to undertake certain activities relating to the recruitment and hiring of minority persons; and WHEREAS, the MPRS has offered to undertake certain such activities on behalf of defendant cities which wish to act cooperatively to fulfill their obligation as set forth in the Order, on terms and conditions established by the MPRS; and WHEREAS, the city council has determined that it is in the best interests of the city to participate coopertiveiy in the MPRS program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: 1. The city authorizes and approves participation in the cooperative activities of the MPRS in accordance with the terms and conditions established for such participation by the MPRS. 2. The City Clerk is authorized and directed to take such actions as are necessary to participate in the MPRS program. 3. Data provided by the city to the MPRS are to be determined in accordance with Minnesota Statutes, Chapter 13, and the MPRS shall maintain data on individuals in accordance with statutory provisions applicable to that data. 4. The city clerk is directed to file a certified copy of this resolution with the president of MPRS. Adopted this 24th day of February, 1997. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 10 Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes William Elrite, City Clerk Mayor Joseph Sturdevant 2) First Readinq of Ordinance No. 1340 B~inq an Ordinance Pertaininq to Zoninq Amendments This zoning amendment is being requested to accommodate a change to the conditional use permit portion of the Retail Business section of the Zoning Ordinance that would eliminate a restriction on the number of repair bays allowed for minor repairs. This request is being made due to a redevelopment plan being proposed by the owner of the Conoco Station located at 3701 Central Avenue. Councilmember Ruettimann was concerned that the ordinance amendment was being requested by staff before it is clear what the project is. The Zoning Coordinator explained what the status of the project is currently and what is being proposed. She acknowledged the first reading of the ordinance could be delayed but noted that the effective date for an ordinance is a consideration. Motion by Sturdevant to table this matter until the March 10, 1997 Council Meeting. Motion dies for lack of a second. Motion by Peterson, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1340 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 1: Section 9.113(2) (g) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.113(2) Conditional Uses REGULAR COIINCIL MEETING FEBRUARY 24, 1997 PAGE !1 Within any "RB" Business District, no structure or land shall be used for the following uses except by Conditional Use Permit. (g) Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed 4 bays) subject to Section 9.117. is hereby amended to read as follows: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (g) Motor fuel stations (minor) and major fuel stations with minor reDairs subject to Section 9.117. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 24, 1997 Motion by Peterson, second by Jones to establish March 10, 1997 at approximately 7:00 p.m. as the date and time for the second reading of Ordinance No. 1340, an ordinance amending Ordinance No. 853, City Code of 1977, and pertaining to zoning amendments. Roll call: Ail ayes 3) Second Readin~ of Ordinance No. 1328 Beinq an Ordinance Callinq for the Abandonment of the City Charter Motion by Jolly, second by Jones to bring Ordinance No. 1328 back to the table. Roll call: Ail ayes Motion by Jolly, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes Motion by Jolly to adopt Ordinance No. 1328. Motion fails due to the lack of a second. Counci!member Ruettimann stated that the Charter Commission has been requesting a decrease in the percentage of the.number of voter signatures required regarding initiative, referendum and recall. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 12 He had suggested in a letter to the Charter Commission that .10% or 800 signatures, whichever is greater, be given consideration. It was his feeling that his letter and a similar one from the City Manager, had not been given much attention by members of the Commission. It is Councilmember Ruettimann's position that both bodies, the City Council and the Charter Commission, should meet with a full complement of members, to discuss matters of mutual concern and interest. He requested this meeting be scheduled the latter part of March or as soon as possible. Counciimember Jolly stated his support of the 10% suggestion as he viewed it as a good and amiable resolve to the situation. Motion by Ruettimann, second by Peterson to deny the Charter Commission's recommendation to reduce the percentage to a 10% flat figure and to leave the Charter requirement at 20% of voters at the next election. Roll call: Jones, Ruettimann, Peterson - aye Jolly, Sturdevant - nay Motion by Ruettimann, second by Peterson to table Ordinance No. 1328 to a date uncertain in the future. Roll call: Jones, Ruettimann, Peterson, Sturdevant - aye Jolly - nay B. Bid Considerations There were no other bid considerations. C. Other Business 1) Resolution No. 97-24 Beinq a Resolution Withdrawinq Without Prejudice Notice of Franchise Violation(s) Pending Federal Communications Commission Action The Cable Commission legal counsel advised that most of the problems being experienced were not because of U.S. WEST and this company is cooperating with the various cable systems. Motion by Ruettimann, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-24 RESOLUTION WITHDP~AWING WITHOUT PREJUDICE NOTICE OF FRANCHISE VIOLATION(S) PENDING FEDERAL COMMUNICATIONS COMMISSION ACTION REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 13 WHEREAS, the Columbia Heights Telecommunications Commission ("Commission") makes recommendations to the City of Columbia Heights ("City") regarding administration of the franchise between the City, and Group W Cable of Columbia Heights, Inc. ("Company"), WHEREAS, the franchise between the City and Company requires approval of the City prior to consummation of any sale or other transfer of Company, WHEREAS, purchase of Company by Continental Cablevision, Inc. ("Continental"), and nearly simultaneous merger of Continental with U.S. WEST, Inc., or a subsidiary thereof ("USW"), was approved by the City subject to a number of conditions, including specifically that "all necessary local, state, and federal authorizations" be obtained prior to consummation of such transaction. WHEREAS, the Commission and City previously determined that said transaction was consummated without all necessary approvals, notwithstanding the fact that legal counsel to the City has notified the parties to the transactions that such approvals had not been finally obtained, WHEREAS, the City has found Company in violation of the franchise for closing the sale transaction without all necessary approvals, WHEREAS, the City has previously resolved to withotd legal notification of Company for violation of the franchise, and the consent Resolution relating to this transaction, during such time as discussions and negotiations regarding these issues is ongoing between City, Company, and Continental/USW. WHEREAS, the propriety of certain approval received by USW in acquiring Continental and Company are currently on appeal before the Federal Communications Commission ("FCC"), WHEREAS, the Commission has asserted in proceedings before the FCC and in numerous prior communications with the Company, Continental, and USW, that the City is, pursuant to the Telecommuncations Act of 1996, entitled to hold a proceeding to determine whether acquisition of Company by USW would negatively impact competition for telecommunication services in the local market. WHEREAS, on February 18, 1997, a "forum" was held with Company, and Continental/USW, for the purpose of receiving information regarding the competitive i~pact of the purchase of Company by USW, REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 14 WHEREAS, final City action to approve or deny acquisition of Company by USW will be addressed by action of the FCC, and any appeals thereof, NOW, THEREFORE, BE IT RESOLVED THAT, the Commission recommends to the City withdrawal of, without prejudice, the prior City determination of franchise violation referred to herein, and notice thereof, pending final resolution by the FCC of issues presented regarding this transaction, and any appeals thereof. FURTHER, nothing herein shall be deemed to waive any right of the Commission or the City to raise, address, or account for the issues raised herein in review of any subsequent request for transfer or divestiture approval. Passed this 24th day of February, 1997. Offered by: Seconded by: Roll call: Ruettimann Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Councilmember Ruettimann inquired if this resolution could be tabled. The cable legal counsel responded there are no pending lawsuits and the Council had already held them in violation. 2) Adjustments to Basic Cable Rates and Equipment Rates The cable legal counsel reviewed the proposal and advised that the requests for increases are permitted. Motion by Sturdevant, second by Peterson to waive the reading of the Order there being ample copies available for the public. Roll call: Ail ayes ORDER REGARDING APPROVAL OF THE PROPOSED RATE INCREASE SUBMITTED BY MEREDITH CABLE COMPANY TO THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City of Columbia Heights (hereinafter "City") is certified as a rate regulatory authority pursuant to rules of the Federal Communications Commission (hereinafter "F.CC"), REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 15 WHEREAS, the City has notified Meredith Cable Company (hereinafter "Company") that the Company is subject to the rate regulatory authority of the Commission, WHEREAS, the City has received from the Company an FCC Form 1205, Equipment Rate Form and an FCC Form 1210, "Update Form", WHEREAS, the Form Filings implicate the City's authority to regular basic service rates in requesting an increase in the Company's maximum permitted basic service rate and related equipment rates, on a going forward basis, WHEREAS, the City has reviewed the Form Filings in accordance with applicable FCC rules and regulations and has consulted with experts, including legal and accounting experts, WHEREAS, the City solicited, received and analyzed additional information related to said review by the City, staff, and consultants. WHEREAS, the City, its staff and consultants, have determined that the Company's FCC Form 1205 and 1210 comply with applicable FCC rules and regulations, NOW, THEREFORE, IT IS HEREBY ORDERED by the City of Columbia Heights that the proposed rate increases, as filed, for the basic service tier and related equipment are reasonable and approved. FURTHER, that this Order shall be effective immediately. Ordered this 24th day of February, 1997. Offered by: Seconded by: Roll call: Sturdevant Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3) Purchase of 100 Radio Read Water Meters Motion by Jones, second by Sturdevant to authorize the Mayor and City Manager to enter into an agreement with WaterPro in the amount of $21,200 for the installation of 80 radio read units on existing meters and 20 new radio meters, with funding coming from the sewer and water funds. Roll call: Ail ayes REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 16 4) Purchase of Handheld Meter ReadinH Device Motion by Peterson, second by Jones to authorize the Mayor and City Manager to enter into an agreement with WaterPro for one handheld Sensus #3003 reading unit and software in the amount of $9,850 and to enter into an agreement with Business Records Corporation to purchase downloading software in the amount of $4,000 with funding coming from the water and sewer funds. Roll call: All ayes 5) Sprint SDectrum Contract The staff council letter accompanying this item requested Council direction as to where the monies received from Sprint Spectrum should go and how they should be used. Councilmember Ruettimann observed that these funds have already been put into the General Fund. The Finance Director stated this was correct. Councilmember Ruettimann also noted that originally Sprint Spectrum was to pay for the months August through December, 1996, and thereafter, it would be an annual payment from January to January. He requested the Finance Department make an addendum to the contract to accommodate the stated timeframes. Councilmember Jolly requested staff to assign some activity fund numbers to these funds and set aside the funds for the City to use relative to this project. He felt a more accurate perspective will be gotten as to the use of the funds for the first year. Motion by Ruettimann, second by Jones to table this item until a City Council work session. Roll call: All ayes 6. Award of Contract for Zone I and 2 Street and WatermaiD ImDrovements Motion by Peterson, second by Sturdevant to award the contract for Municipal Projects 9415, 9416, 9417, 9418, 9419, 9420, 9421, 9423, 9614, 9615, 9616, 9617, 9618, 9619, 9620, 9621, 9622, 9623, 9624 and 9625 to Midwest Asphalt Corporation of Hopkins, Minnesota based on their low, qualified responsible bid of $1,256,447.80 for Street and Watermain Improvements; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same wi~h funding to be from Funds 415, 430, 651 and 652. Roll call: Ail ayes REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 17 o Motion by Peterson, second by Sturdevant to authorize an interfund loan of $660,000 from the Refuse Fund to the FIR Fund at an annual interest rate of 7.5% and to appropriate funds as needed in Fund 415, 430, 651 and 652 for the above listed projects. Roll call: Ail ayes ADMINISTRATIVE REPORTS A. ReDort of the City Manacer The City Manager advised that the City's legislators will be attending the March 3rd Council work session. Senator Novak has been requested to carry some special legislation which will benefit the City of Columbia Heights. Legal counsel for the City will also attend the work session to update the Council on a legal matter. He intends to keep any other items on the work session agenda to a minimum. B. Report of the City Attorney The City Attorney had nothing to report at this time. The Public Works Director noted that the Vehicle Maintenance Foreman position has been filled by an employee who has worked for the City for five years. He felt this was an excellent choice. He also invited members of the Council and the staff to a farewell reception for the retiring employee, Tom Hosch. Counciimember Jolly stated he feels that Tom Hosch was a dedicated, capable and exemplary employee. Tom was a city employee for thirty-seven years. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetinqs February 3, 1997 Library Board of Trustees February 1!, 1997 Planning and Zoning Commission 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A resident had previously expressed concern regarding what he viewed as a questionable number of vehicles, people, and activity at a home on Fifth Street. The Mayor stated he had visited the property the day after he received the comments from this resident. The Mayor net the owner at the property and there appeared to be no large number of vehicles, any extra people, nor any unusual activity. REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 18 The resident also made comments regarding the.location for EDA 'meetings, relocation of tenants and buildings being purchased. Appointment of Liaison to Charter Commission Motion by Ruettimann, second by Peterson to appoint Councilmember Jolly to serve as a liaison to the Charter Commission for the City Council. Roll call: All ayes 10. ADJOURArMENT Motion by Peterson, second by Ruettimann to adjourn the meeting at 10:05 p.m. Roll call: Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL MEETING FEBRUARY 27, 1997 o o o ROLL CALL/CALL TO ORDER Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. Mayor Sturdevant called the meeting to order at 6:05 P.M. PLEDGE OF ALLEGIANCE APPOINT SECRETARY PRO-TEM Motion by Smrdevant, second by Ruettimann, to appoint Joanne Baker as Secretary Pro- Tem. Roll Call: All ayes. RECESS TO EXECUTIVE SESSION Motion by Ruettimann, second by Jones, to recess to an Executive Session for the purpose of discussing the City Manager's sixth month performance evaluation. Roll Call: All ayes. RECONVENE THE SPECIAL COUNCIL MEETING The Special Meeting of the City Council reconvened at 9:32 P.M. CITY MANAGER PERFORMANCE EVALUATION Councilmember Ruettimann indicated that it is the City Council's directive to the City Manager that he set goals and objectives. ADJOURNMENT Motion by Peterson, second by Sturdevant, to adjourn the Special Meeting at 9:38 P.M. Roll Call: All ayes. ~retary Pro Tem Mayor Joseph Smrdevant OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL PUBLIC IMPROVEMENT HEARING MARCH 3, 1997 CALL TO ORDER The Public Improvement Hearing was called to order by Mayor Sturdevant at 7:00 p.m. ROLL CALL Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present at the Public Improvement Hearing. PUBLIC IMPROVEMENT HEARING: STREET SEALCOAT PROJECTS AN1DALLEY CONSTRUCTION PROJECT A. Presentation of Information by Staff i) Seaicoat Project Mark Winson, the Public Works Director/City Engineer, reviewed Project #9701 which is the sealcoating of streets in Zone 2 and Pierce Street, 46th to 47th Avenues. The policy for sealcoating is that it is done about every eight years. Previously it was done on a six year cycle but this timetable was re-evaluated. It was decided that a better patching job was possible if it were done in a smaller area. The only costs being assessed to the benefitting property owners are the costs of the actual construction which are estimated at $72,191.60. The Council previously adopted a policy whereby the engineering and administrative costs would be paid by the City. For this project they are estimated at $!5,548.9~. The formula for assessment with this project is that all property within the sealcoat project boundaries are subject to both a street and an avenue charge based on front footage. The street in front of the property is at the full rate (street feet) and at a one third rate for their nearest side street (avenue feet). Mr. Winson noted that preparation for a seaicoat project is usually done July to September. It is anticipated this project will commence in August. 2. Alley Construction The Public Works Director advised that this alley is the alley east of Quincy Street to the existing paved alley and south cf 40th Avenue. This is a unimproved alley. PUBLIC IMPROVEMENT HEARING MARCH 3, 1997 PAGE 2 Estimated assessment costs total $10,783.69. The City share is $7,640.13 and the balance of $3,143.56 will be assessed to benefitting properties. There are only four properties and City crews will be doing most of the work.' Councilmember Jolly inquired if staff had received any calls from property owners whose properties are affected by this project. He noted that their individual assessments are quite costly. No calls had been received. B. Questions and Comments on Project Three property owners of two affected properties were present for the Public Hearings both of which were included in the sealcoat project area. They had questions regarding the assessment formula and the frequency with which sealcoating is done. Staff responded to their questions and concerns. The method of payment of assessment was explained. C. Close the Public Hearing Motion by Ruettimann, second by Jones to close the Public Hearing. Roll call: All ayes D. Consideration of Resolutions Motion by Peterson, second by Ruettimann to waive the reading of Resolution No. 97-25 there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-25 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAs, Resolution No. 97-19 of the City of Columbia Heights City Council adopted the 10th day of February, 1997, fixed a date for a council hearing on the proposed improvement of Zone 2 AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon the 3rd day of March, 1997, at which all persons desiring to be heard were given an opportunity to be heard thereon, and PUBLIC IMPROVEMENT HEARING MARCH 3, 1997 PAGE 3 WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: Seal coating all bituminous City streets in Zone 2 listed below, and Pierce Street, 46th Avenue to 47th Avenue. Zone 2 is bounded by Reservoir Boulevard on the west, 37th Avenue N.E. on the south, Stinson Boulevard on the east and 45th Avenue N.E. on the north. STREET 39th Avenue N.E. 39th Avenue N.E. 39 ~ Avenue 41st Avenue N.E. 42nd Avenue N.E. 43rd Avenue N.E. Tyler Street Tyler Street Polk Street Ulysses Street Hayes Street N.E. Arthur Place Cleveland Street Cleveland Street Benjamin Street McKinley Street Stinson Boulevard Parkview Lane Johnson Street N.E. PROJECT LIMITS Tyler Street to Polk St. Arthur Street to McKinley St. Cleveland Street to McKinley St. Reservoir Boulevard to Stinson Blvd. Reservoir Boulevard to Cleveland St. Reservoir Boulevard to Benjamin St. 4ist Avenue N.E. to 42nd Avenue N.E. 44th Avenue N.E. to Cul-de-sac 4!st Avenue N.E. to Arthur St. Johnson Street to Cul-de-sac 37th Avenue N.E. to 4!st Avenue N.E. 44th Avenue N.E. to Cul-de-sac 39th Avenue N.E. to 40th Avenue N.E. 4!st Avenue N.E. to 42nd Avenue N.E. 43rd Avenue N.E. - 45th Avenue N.E. 37th Place to 40th Avenue N.E. 45th Avenue N.E. to Cul-de-sac 46th Avenue N.E. - 46th Avenue N.E. 46th Avenue N.E. - 47th Avenue N.E. Work would replacement, application. include selective concrete curb and gutter bituminous surface patching and sea!coat 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 10th day of February, 1997. 4. These improvements shall also be known as P.I.R. ~947 - Project 9701. PUBLIC IMPROVEMENT HEARING MARCH 3, 1997 PAGE 4 5. Mark Winson is hereby designated as the engineer for this · improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 3rd day of March, 1997. Offered by: Seconded by: Roll Call: Peterson Sturdevant All ayes CITY OF COLUMBIA HEIGHTS Joseph Sturdevant, Mayor Jo-Anne Student, Secretary to the Council Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO.97-26 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, Resolution No. 97-20 of the City of Columbia Heights City Council adopted the 10th day of February, 1997, fixed a date for a council hearing on the proposed alley improvement, and WHEREAS, ten day's mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon the 3rd day of March, 1997, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the location and extent of such improvements is as follows: Alley construction, between 39th Avenue N.E. to 40th Avenue N.E., Quincy Street to the North-South Alley. PUBLIC IMPROVEMENT HEARING MARCH 3, 1997 PAGE 5 The proposed alley is 10 feet in width. Work would include new aggregate base, new bituminous alley surfacing, concrete curb and gutter with alley apron replacement, concrete sidewalk replacement, resodding, and miscellaneous associated construction items. o Such improvement is necessary, cost-effective, feasible as detailed in the feasibility report. and Such improvement is hereby ordered as proposed in the Council Resolution adopted the 10th day of February 1997. These improvements shall also be known as P.i.R. #949 - Project 9613. o Mark Winson is hereby designated as the engineer for this improvement. The engineeer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this third day of March, 1997. Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor JosePh Sturdevant Jo-Anne Student, Secretary to the Council ADJOUP2JMENT Motion by Ruettimann, second by Peterson to adjourn the Public Hearing at 7:25 p.m. Roll call: Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: March 10, 1997 AGENDA SECTION: CONSE~i 15 ORIGINATING DEPT.: CITY MANAGER NO: ?~ Planning and Zoning APPROVA~ ~ Hardware ~~' ~ DATE: Mar ch 5, 1997 NO: Case ~9703-07, 2261 N.E. 37th Avenue The Planning and Zoning Commission reviewed the request of Dan Terzich, Manager of Ace Hardware, for a Conditional Use Permit to allow the use of an accessory structure consisting of a 21' x 48' tent, to be located in the far east side of the parking lot at 2261 N.E. 37th Avenue. The tent will exist on the lot from April 21, 1997 through July 31, 1997 for the purpose of selling green and flowering plants. The proposed operation would be the same as was conducted in 1995 and 1996. Approximately eight parking spaces would be eliminated directly in front of the Ace Hardware store. Two fire exits exist on the east side of the temporary structure. The Planning and Zoning Commission unanimously recommend approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to installation of the tent to ensure removal at the end of the approved time period. RECOMMENDED MOTION: Move to approve the Conditional Use Permit for 2261 N.E. 37th Avenue to allow the use of a temporary tent structure from April 21, 1997 through July 31, 1997 provided a $500 deposit is submitted to the License/Permit Clerk prior to installation. COUNCIL ACTION: Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUMBIA HEIGHTS Receipt 1. Street Address of Subject Property: 2261N.E. 37th Avenue 2. Legal Description of Subject Property: Applicant: 4. Description of Request: Conditional Use Permit ZoninK: Applicable City Ordinance Number Present Zoning, Present Use Section Proposed Zoning Proposed Use Reason for Request: To al,low the placement of a tent in a portion of the parkin9 lot for the sale of green $ flowering plants. Dates of operation: Tent Size: Al / X'4(~ f Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The ~dersigned hereby represents upon all of the penalties of law, for the pu~ose of ~duc~g %he City of Col~bia Heights to take the action herein requested, that all statements herein are t~e and that all work herein mentioned will be done in a~ordance with the Ordnances of the City of Columbia Heights and ~he laws of the $~a%e¢_~ ~ota. Signature of Applicant ~C~ , ~£3~C~/~ Date, ~ ( ' By:' Taken _. fiRT PLANT MERCHANDISER The GARDEN MART is designed to be a tow cost, movable sales building for added spring Clear poly on ends to plant sales. It can be quickly set up in any retail parking lot. The GARDEN MART offers show your plants at protection for your "quality" plants and shopping comfort for your customers. their best, They will buy more on those cold, wet spring days. Frame sets up like portable scaffold. Upper bench supports provide ~, No measuring - no guesswork. additional display capac. Jty a~ .l¢~. ~.~ sight lines. ~Check Our 'LEASE-MART' Finance Plan No Payments in Off Season!! NEW for '94 as an al- ternative to POLY-VENT. The SLIDE-SIDE ventila- tion system operates manually and requires no etectrici~ Installs and functions much like any sliding door. For minimum ventilation simply push panels open a little. For a lot of air movement push open all the way. If m~ximum ventilation is desired, the panels can be completely removed as shown above. Just lift and pull out. GARDEN MART shown with POLY-VENT closed. In its lowered po- sition, POLY-VENT drops completely to the ground to allow for great ventilation and a view of product from the outside. Also, note visibility of product through the clear poty end panel The GARDEN MART acts as a billboard to draw attention to your spring plants. Shown above is a GARDEN MART frame with the new SLIDE-SIDE ventilation system installed. The c~ear panels, made of double walled polycarbonate, will not shatter or crack. They are almost indestn.~e yet super lightweight. Easy to install and operate. I N C O R P O R A T E D Optional pre-assembled 16 ga. steel bench tops make effective merchandising a breeze. Bench tops are easily removed and brackets swing out of the way to display larger items such as Christmas trees, etc. No Price Increaee from '93 Includes upper and lower bench supports, Not bench tops. 21'x 30' STILL ONLY $232500 ~ 21' x 48'- 3,160.00 21' x 60' - 3,990.00 II Galvanized Bench Packages Complete bench top system for: No more welds. Bench tops are now made 21' X 30' - 768.00 using the unique Quick Lok,~system. Built to ~1~'21' X 48' - 1,344.00 be strong and clean. Sharp corners have 21 ' X 60' - 1,728.00 been rounded off and bench tops stack tightly when not in use. CANADA CALL 1-507-663-0362 FAX 1-507-663-0365 P.o. Box 458 C^STLE ROCK, MN 55010 1'800'852'3443 DOES THE WIND EFFECT THE GARDEN MART? NO ...The sketch at the right shows the secret cf holding me GARDEN MART in place during high winds. 1. Hanging baskets are hung from purlins attached directly to the hoops. This transfers all basket weight to individual hoops. 2. The weight of all flats, pallets and bench tops rests on the unique built-in bench supports. Again, bench supports are firmly attached to each hoop. 3. Heavy, water filled tubes or concrete blocks rest directly on the ground and lower member of the bench supports. (Over 8,000 pounds of water or 16,000 pounds of concrete block holds the GM-60 in place.) The combined weight of baskets, flats, side benching and water tubes or concrete block is concentrated along both sides of the GARDEN MART. This combined weight firmly anchors the GARDEN MART against vertical and straight tine winds, HOW DOES THE POLY-VENT II SIDE OPERATE? The GARDEN MART's Poly-Vent !1 sides can be open or closed to maximize customer comfort and ptant protection. Close the sides completely to keep out raw spring winds. On nicer days, open the sides for maximum fresh air flow through the selling area. Dropping the sides to ground level attows customers to shop from outside the GARDEN MART. One small blower inflates the Poly-Vent II tubes. When inflated, Poly-Vent II seals out cold and wind with 6-inches of insulating air space. Poly-Vent II sides on your GARDEN MART adds weeks to your selling season, letting you start early in the spring and sell late into the f-ali. This means added sales and profits in your pocket. Optional galvanized bench tops increase display flexibility. Constructed of 16 ga. roll-formed steel, these sturdy bench tops create up to 972 sq. f. of two-tiered display space in the 60' model. Upper bench tops measure 1 '-6" by 6'-0", lower bench tops are 3'-0" by 6'-0". Bench top endcaps simply rest on side and center bench supports. Bench sections lift off easily to make room for large display items or to create instant aisles. ~rge (6"x27") bumper sticker ~pe signs are ~~~1.1~~~~~~ included. Bright, easy to read signs can be permanently attached to the GARDEN . MART. 12 signs included. Make up many phrases such as, "BEDDING P~NTS" or "GARDEN SUPPLIES," Decorative flowers ~e~¢~h included. ~ ~~ ~~ ~*~~ ~ ~ CANADA CALL 1-507-663-0362 F~ 1-507-663-0365 ' P.O. OX 458 CASTLE ROCK, MN 550 0 1-800-852-3443 I N C O R P O R A T E D The Garden Mart retail greenhouse trans- forms parking lot space into a complete, outdoor garden center. Combining plant protection and customer comfort, the Garden Mart extends the selling season by reducing product shrinkage. Easy set up and tear down make the Garden Mart an ideal temporary selling structure. Poly water-filled tubes or concrete blocks anchor the steel hoop structure, eliminating the need for perma- nent footings. Collapsible sidewalks provide natural ventilation during warm weather and insulation against early spring frost. Multi-level benches display products while also storing inventory. The Garden Mart measures 21-feet wide and comes ~n lengths of 48, 60 and 96 feet. For more information on the Garden Mart, contact Poty-Tex, thC., P.O. Box 458, Castle Rock, MN 55010, or call 800.-852-3443. Roger Schultz, Store Deve/opment, 708-990-649,5 28 CITY COUNCIL LETTER Meeting of: March 10, 1997 AGENDA SECTION: -CONSENT ~ ORIGINATING DEPT.: CITY MANAGER NO:~ Planning and Zoning~;_~!,,~ APPROVAL ITEM: PUD Final Plan Review, TVI, Inc. BY: Tina Goodroa~ NO: Case %9703-08, 4849 Central Avenue DATE: March 5, 1997 The Planning and Zoning Commission reviewed the request of TVI, Inc. and Mr. James Strapko, Architect for TVI, for PUD Final Plan Review to allow the construction of a 2,647 square foot building at the northwest corner Of the site. The site is currently an open space, grass covered area. The purpose of the Final Plan Review is to approve any required changes from the Preliminary Review to ensure they have been incorporated into the final approval. With the final approval, the developer must begin construction within one year of approval. Failure to do so will result in a lapse of the approval and no longer will be in effect. An important change made to the final site drawings relates to the exterior design. At the Preliminary PUD Review, Commissioners commented that a uniform design and coloring of the exterior for both uses would be desirable. The plans submitted by Mr. Strapko indicate a prefinished metal wall cap colored green along the roof line, prefinished metal awning colored green to match the existing Savers store and finally, the use of channel letters mounted onto the awning for each use. A few additional parking spaces have been eliminated near the access at the request of the Engineering Department. Enclosed you will find the information on the project as presented to the Planning and Zoning Commission at their meeting of March 4, 1997. The Traffic Commission will review the Final PUD on March 5th. The architect and Mark Winson have made two changes at the entrance including new striping to provide more direction and a newly designed concrete island that will help direct traffic into the lot. A new drawing is provided to show the new proposal. The Planning and Zoning Commission unanimously recommend approval of the PUD Final Plan Review contingent upon Traffic Commission's review and approval at their March 5, 1997 meeting. The Commission recommends approval as the development is consistent with the City's Comprehensive Plan and Zoning Ordinance and satisfies the requirements of the PUD Final Review portion of the Zoning Ordinance. RECOMMENDED MOTION: Move to approve the PUD Final Plan for the proposed development at 4849 Central Avenue as it is consistent with the City's Comprehensive Plan and Zoning Ordinance and satisfies the requirements of the PUD Final Review portion of the Zoning Ordinance contingent upon review and approval of the Traffic Commission at their meeting of March 5, 1997. COUNCIL ACTION: ccag0397 .no2 PLANNING AND ZONING COMMISSION REGULAR MEETING - AGENDA N%RCH 4, 1997 PAGE 2 Public Hearing PUD Final Plan Review Case #9703-08 TVt, InclJames Strapko RE: 4849 Central Avenue N.E. Columbia Heights, Mn. Mr. James Strapko is requesting PUD Final Plan Review on behalf of this property which currently contains one structure housing a Savers Store and a Hollywood Video. Mr. Strapko is requesting Final Review for a PUD to construct a 2,647 square foot building at the northwest corner of the site. The site is currently an open space, grass covered area. The purpose of the Final Plan Review is to approve any required changes from the Preliminary Review to ensure they have been incorporated into the Final approval. With the final approval, the developer must begin construction within one year of approval. Failure to do so will result in a lapse of the approval and no longer will be in effect. The only changes made to the final site drawings relates to the exterior design. At the Preliminary PUD Review, Commissioners commented that a uniform design and coloring of the exterior for both uses would be desirable. The plans submitted by Mr. Strapko indicate a prefinished metal wall cap colored green along the roof line, prefinished metal awning colored green to match the existing Savers store and finally, the use of channel letters mounted onto the awning for each use. A few additional parking spaces have also been eliminated near the access at the request of the Engineering Department. No other changes were requested by Commissioners or proposed by the architect. The following information includes general information related to the development and specific information related to zoning approvals which should be incorporated into the final approval. GENERAL INFORMATION Applicant: Owner: Architect: Request: Location: Zoning: TVI, Inc. 11400 S.E. 6th Street, #220 Bellevue, Wa. 98004 TVI, Inc. 11400 S.E. 6th Street, #220 Bellevue, Wa. 98004 Strapko, Pahl & Assoc., Ltd. 4157 Minnehaha Ave. S. Minneapolis, Mn. 55408 PUD Preliminary Review 4849 Central Avenue N.E. "RB", Retail Business PLANNING AND ZONING COMMISSION REGULAR MEETING - AGENDA MARCH 4, 1997 PAGE 3 Surrounding Land Uses: North: South: East: West: "RB", Commercial (on Central) "R-2", Two-family Residential "R-I", Single Family Residential "RB", Commercial "R-I", 8ingle Family Residential Hilltop, Commercial SPECIAL INFORMATION Lot Area: Building Area: Number of Off-Street Parking Spaces: Required Off-Street Parking Spaces: 152,598 square feet 36,323 square feet (gross floor area) 151 Parking Spaces Existing 134 Parking spaces based on existing net square footage of built space. As the site plan indicates, the new construction is proposed for two uses, Subway and a hair salon. Both businesses will be completly separate with their own access to a central vestibule. The only shared access would be the two restrooms. The exterior of the site has been re-designed to look the same on all four sides to ensure that 49th Avenue or Central Avenue does not appear to look like the rear side. The front access, where the vestibule is located, is on the south side facing the parking lot. However, the entrance surround, a triangular parapet, is duplicated on the north side, facing 49th Avenue. These design improvements will help blend this new building with the existing. The dumpster enclosure will be located on the east side but will be completely screened. This new plan also incorporates evergreen (spruce) plantings around the dumpster screening on the 49th side. Additional foundation plantings are extended around the building facing Central and 49th Avenue. Every attempt has been made to design the exterior in a way that blends harmoniously with the site and surrounding land uses. OFF-STREET PARKING Section 9.116(4)(t & u) of the Zoning Ordinance requires retail stores to have at least one (1) off.street parking space for each two hundred (200) square feet of net floor area. Restaurants are required to have at least one (1) space for each three (3) seats based on capacity design. Parking calculations will layout as follows (please note that net floor areas allow for exclusion of spaces such as window displays, fitting rooms, stairs, escalators, dead storage and heating and utility rooms): PLANNING AND ZONING COMMISSION REGULAR MEETING - AGENDA NtA.~CH 4, 1997 PAGE 4 PARKING CALCULATION Existing Building Level 1 Mezzannine TOTAL Parking required at one space per 200 square feet 97.5 x 330 = 32,175 s.f. 30.5 x 136 - 4,148 s.f. · - 134 spaces 36,323 s.f. Freestanding Building: Restaurant with 40 seats at one space per three seats would require 14 parking spaces. Hair salon/retail with 1,056 square feet at 1 space per 200 square feet would require 6 parking spaces. Total Parking spaces required for the new freestanding building would be 20 parking spaces. Total Required Parking Spaces: 154 parking spaces. Total Available Parking Spaces: 151 parking spaces. With the changes made to the new building, Mr. Strapko included eleven (11) parking spaces along the south. He has also included in the site drawing the elimination of the parking islands at the north side. This should help the flow of traffic into and out of this lot. With these changes, the entire site would only be lacking five to seven parking spaces, however, access and circulation into the lot would be much improved. SETBACKS Setback requirements for the "RB", Retail Business District are as follows: Front Yard = 15 feet Side Yard ~ none Rear Yard ~ 10 feet The new structure will be situated with the front facing Savers/Hollywood Video, the rear facing 49th Avenue (Kentucky Fried Chicken) and the side facing Central Avenue. As the site plan indicates, all setback requirements will be met. PLANNING AND ZONING COMMISSION REGULAR MEETING - AGENDA MARCH 4, Igg7 PAGE 5 LANDSCAPING/SCREENING The architect has submitted a landscaping plan indicating coniferous screening at the rear of the new structure along 49th Avenue. Other landscaping exists on the far east end at the bottom of the hill. This hill is effective for screening purposes as it runs along 49th Avenue at the curb cut and around the entire east end of the lot. The nearest residential home is located approximately fifteen (15) feet higher than the east end of the existing building. In addition to this, the proposed structure is on the opposite side of the lot situated directly across from commercial use (KFO) not residential structures. The additional screening around the dumpster and the addition of natural plantings around this screening and around the north and east sides of the new structures fulfills all screening requirements. DRAINAGE AND GRADING PLANS The development will not change existing site grades. Mr. Winson feels that there wilt not be a significant enough increase in paved areas to warrant changes in the drainage or for storm water surface drainage. Adequate existing utilities are available to the site. STAFF ANALYSIS Staff finds the proposed development to be consistant with the City's Comprehensive Plan and Zoning Ordinance. The development is also compatible with surrounding land uses and conservatively, yet creatively, utilizes a piece of land with good visibility and access that would otherwise remain unused. Mr. Strapko has also redesigned the site to fulfill the desires of the Commissioners and improve the development overall. STAFF RECOMMENDATION Staff recommends approval of the Final Plan contingent upon Traffic Commission's review and approval at the March 5, 1997 meeting and recommends that the request be forwarded to the City Council for approval as it is consistent with the City's Comprehensive Plan and Zoning Ordinance and satisfies the requirements of the PUD Final Review portion of the Zoning Ordinance. From : STRAPKO PAHL AND ASSOCIATES PHONE No. : 612 729 4851 D~c. lD 1996 10:12AM P02 Ap~,licat ion ~o=:, Sect/on , ,, ~ropo,e~ ~,e G~,,~',4,~ "1"' ~%'D~AU~~a~qT her.~ ~queeted, ~ha= all sta=en~nts h. re~ are ~e ~d ~a~ ~11 ~=k h~re~ will be d~e ~ accordance~lt~e ord~ces of ~e City of Col~bia Heights From : STRAPKO PAHL AND ASSOCIATES PHONE No. : Gl2 729 4831 Mar. 06 1997 .............- i'm · ill l i'll I mil ..... IIII ............. ' --' CENTRAL AVENUE N,E, CENTRAL AVENUE N,E. TYLER STREET © © © CENTRAL AVENUE N.E. CENTRAL AVENUE N.E. · [t JOHN GALT CORPORATION SITE IMPROVEMENT PLAN ll.!OEt~ O.~LT COI:~'OR~kTION' FLOOR PLAN EXTEP~OR ELA'~AT]ONS tt ~. II~?~}.'.',~--~--.~' I1STRAPKO, PAHL & ASSOCIATES, L CITY COUNCIL LETTER Meeting of: 3/10/97 AGENDA SECTION CONSE~T 4 ORIGINATING DEPARTI~ENT: f~ CITY MANAGER NO. PUBLIC WORKS NO. ~PL~T~G PROG~ 1997-19~~' q DA~: 3/3/97 DA~:- Staff received permission from the City Council on January 13, 1997, to seek bids for the 1997-t998 Tree Replanting Program. Bids and specifications were prepared, request for bids advertised in the legal newspaper on February 6, 1997, and the bid opening was held on February 27, 1997, at 2:00 P.M. Specifications were provided to 13 contractors. Three bids were received and below is the bids that were submitted: Greenworks Nursery Midwest Landscape Minnesota Valley Landscape $20,850.00 $31,950.00 $39,950.00 The basis of award is on a total quantity estimated in the request for bids. The actual contract would be entered into on the basis of unit prices bid for each type of tree. An actual amount would not be awarded by the City Council since the number of trees that may have to be planted for Dutch Elm Disease tree removal is estimated at this time. The contract is for two years. RECOMMENDED MOTION: Move to award the 1997-1998 Tree Replanting contract to Greenworks, Inc. of Loretto, Minnesota, the lowest, qualified, responsible bidder for the unit prices submitted in their proposal dated February 27, 1997, up to an amount of $20,850.00; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MAWOb 97-107 A~achment COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: MARCH I0, I997 AGENDA SECTION: CONSENT q ORIGINATING DEPT.: CITY MANAGER NO: FINANCE APPROVAL ITEM: ADVERTISING AT TOP VALU BY: WILLIAM ELRITE~ -BY.' / ,/'/~ ~Z~ PHIL SUCKERMAN NO: q"' ~ ~'"~ DATE: 3/3/97 Several years ago the City started doing advertising in the Twin Cities Reader as a way of promoting our municipal liquor stores. The primary target of this advertising was to promote our 10:00 p.m. closing time, and to generate additional business and profitability between the hours of 8:00 and 10:00 p.m. During 1996 the State saw some significant changes in the liquor business with the legalization of price advertising. The significant advertising by our competitors had a minimal effect on our liquor operation. During 1996 Phil Suckerman (Liquor Operations Manager) maintained competitive prices and expanded the variety of merchandise in the store. One of the main areas of expansion in the past few years has been in the area of micro brewed beers and imported beers. Currently, Top Valu has one of the largest selection of micro brewery beers in the metropolitan area. To further promote our selection of micro brewery beers and our 10:00 p.m. closing time, Phil is proposing an 8- week advertising campaign on the Cities 97 radio station. These ads would be run 13 times a week for 8 weeks at a cost of $705 per week. This radio station's primary listening audience is in the age group of 25 to 45, which is also the prince age group for micro brewed beers and fine wines. Based on the above costs and time frame, the total cost of this advertising is $5,640 for the full 13-week campaign. It is staff's feeling that this advertising will enhance and improve the business and profitability of the City's liquor operation. The 1997 advertising budget includes $8,000 for store #1 and $2,000 for store #2. The proposed advertising for 1997 will not exceed these amounts. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Cities 97 for advertisements of liquor store merchandise and hours, at a cost oF $705 per week. WE:dn 9703035 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of : March 10, 1997 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: 4 SPECIAL PROJECTS APPROVAL COMMISSION ON ELECTRONIC BULLETIN BOARD ~ ~ ~ DATE: MARCH 5, 1997 NO: ~ ~ Based on interest expressed by several councilmembers, staff obtained information on an electronic bulletin board for outside city hall. At their meeting of February 20th, the Telecommunications Commission reviewed and discussed the information obtained. The Telecommunications Commission voted to indefinitely table a decision on an electronic bulletin board (see draft minutes of Telecommunications Commission meeting of February 20, 1997). Factors discussed by the Commission were: Location: -Location of current bulletin board not desirable for an electronic reader board. -40th and Central has electronic sign already.-Need to be stopped to read a full message.-Other possible sites to place the board. Cost: -Informal quotes range from $20,000 to $45,000. -Ongoing maintenance costs would be incurred. -Electrical cost. -There would be a modem and telephone line connection cost. Other considerations: -Refurbish/reface the current bulletin board. -Compliance with the signage ordinance. -Minnesota Design Team may have suggestions for alternative of displaying messages and information. methods RECOMMENDED MOTION: Move to accept the report of the Telecommunications Commission regarding an electronic bulletin board. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: AGENDA SECTION: ,J ORIGINATING DEPT.: CITY MANAGER NO: CONSENT~ Comm. Devel. Dept. APPROVAL ITEM: MHFA FIRST TIME HOMEBUYER BY: Ken Anderson~/~j. BY: / ~/~/ MINNESOTA CITY PARTICIPATION DATE: March 5, ~S/~_~ NO: ~ ~ In January, 1997 the City received a request for proposals from the Minnesota Housing Finance Agency (MHFA) for the 1997 Minnesota City Participation Program (MCPP). The program provides below market interest rate home mortgages for low and moderate income first-time home buyers. The City Council met in a work session to discuss whether to apply for 1997 MCPP funds or to participate in a new Anoka County program for the same purpose. The City Council chose to apply for 1997 MCPP funds and approved submittal of an application at the February 10, 1997 regular meeting. On March 4, 1997 the City received notification from the Minnesota Housing Finance Agency that our application for the MCPP had been received and the allotment amount established. In order to receive an allocation of MCPP funds, the City must approve and execute the MCPPApplication Commitment Agreement and return it not later than March 17, 1997. An application fee of 1% and a processing fee must also be returned with the application. The allocation of funds are appropriated based upon a population based formula. The City of Columbia Heights requested the maximum amount or $2,000,000. The amount allocated for Columbia Heights is $328,869 which is $84,183 less than last years maximum allocation of $413,052. The allocation fee is $3,288.69 and the processing fee is $60.00. The total fees due are $3,348.69. The application/allocation fee will be returned to the City sometime this summer after the 1997 Mortgage Revenue Bonds are issued and received by the MHFA/State. Attached please find a copy of the "News Alert" which provides more specific information regarding the contract/agreement, fee remittance, program marketing support, and fee schedule for participating cities. You will also find a copy of the Program Application - Commitment Agreement. The Mayor or other local official also has an opportunity to provide a short quote which will be used for the local press release. If the City Council wishes to include such a quote, this must be faxed to MHFA not later than March 14, 1997. The Community Development Department staff recommends the City Council approve participation in the 1997 MCPP by authorizing the Mayor to sign the Program Application - Commitment Agreement and submit the required check in the total amount of $3,348.69 payable from the Economic Development Authority fund. RECOMMENDED MOTION: Move to award the proposal for the 1997 Minnesota City Participation Program to the Minnesota Housing Finance Agency, to approve the expenditure of $3,348.69 payable from the Economic Development Authority fund for the required 1% application fee and processing fee, and furthermore, to Authorize the Mayor and City Council to Enter into the Program Application - Commitment Agreement for the same. COUNCIL ACTION: \bt\council.for ,U~ - 4 IBg? NEWS ALERT!! Minnesota Homes Division MINNESOTA HOUSING FINANCE AGENCY ' MCPP - March 3, 1997 1997 MCPp CONTRACTS Enclosed are TWO originals of the MCPP Application Commitment Agreement. Please check this information: Page 1: Page 2: City name and address Requested and approved commitment amounts Both original agreements, along with the specified fees (see enclosed fee schedule), must be returned by MARCH 17, 1997. Cities that return contracts after this date may be excluded from participation. Reminder: Both Agreements must be signed by an authorized individual and returned. We will execute the "MHFA Approval" section and return one copy to you. FEE REMITTANCE To determine the amount of fees due from your city, refer to the attached schedule. Please remit a single check made payable to the Minnesota Housing Finance Agency covering both the 1% application fee and the processing fee. The agency will cash all checks upon receipt and wire a single remittance to the Department of Finance. The processing fee will be retained by the Department of Finance to cover their expenses in administering the housing pool. The 1% application deposit will be returned to you directly from the Department of Finance approximately in June. PROGRAM ,MARKETING SUPPORT Over the next week, we will be preparing marketing materials, including statewide and local press releases, for the 1997 MCPP. You may be contacted by a staff member to clarify your program features, confirm lenders, or to provide MHFA with any missing information. Our objective is to accurately describe your local program and highlight specific city enhancements. The statewide press release will contain a quote from MHFA's Commissioner and a list of all cities participating. For the local press release, you may provide a short quote from a local official. If you choose to do so, you must fax your quote to: Michelle Ramos 612-296-8292 Quotes must be received by March 14. For cities that do not send a quote, we will use the Commissioner's quote. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7613 Fax--(612) 296-8292 TeIecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment MINNESOTA HOUSING FINANCE AGENCY DATE: TO: FROM: SUBJECT: March 3, 1997 1997 Mortgage Revenue Bond Allocation Applicants Michael Haley Director, Minnesota Homes Division 1997 Mortgage Revenue Bond Allocation Thank you for your application for an allocation of 1997 mortgage revenue bond authority pursuant to Minnesota Statute 474A.061. Attached is a list containing the amounts allotted to each applicant. This letter is your official notification of said allotments. This list is also 'forwarded to the Department of Finance, and Commissioner in accordance with the statute. Each applicant's final allocation was determined by applying a population-based formula. Pursuant to the Statute, no applicant received more than it was allowed by application of the population based formula. A minimum allocation of $t00,000 was established under Statute. To request your allotment of bond authority from the Commissioner of the Department of Finance, each applicant must submit the specified fees and supporting documentation as prescribed by Statute. For applicants requesting MHFA to sell bonds on their behalf under the Minnesota City Participation Program, additional information is provided in this letter. For applicants who plan to sell bonds of their own behalf, we recommend that you confer with bond counsel. Should you have any questions regarding this allocation call: Michelle Ramos MCPP Coordinator 612-297-5146 (Metro) or 800-710-8871 (Greater Minnesota) 400 Sibley Street, Suite 300, St, Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment MCPP 1997 Fee Schedule Participating Amount Allocation City Allocated Fee City of Anoka City of Bamesville City of Belle PIaine Beltrami County Bloomington Housing City of Blue Earth Blue Earth County Breckenridge Port Authority City of Claremont EDA Clearwater County City of Columbia Heights City of Crookston Crow Wing County City of Detroit Lakes City of Diiworth City of Dodge Center Douglas County HRA City of Duluth City of Eden Prairie Elk River HRA City of Fergu$ Falls Bluff Country Fosston Economic City of Glyn~ion Grant Counb/HRA Hennepin County HRA Hubbard County Little Falls HRA City of Maple Lake City of Moorhead Morrison County HRA City of Mounds View Mower CoUnty City of New Brighton City of North Mankato City of Owatonna City of Pelican Rapids $308,659 $100,000 $100,000 $642,703 $1,530,037 $100,000 $971,272 $100,000 $100,000 $100,000 $328,869 $143,212 $852,706 $128,812 $100,000 $100,000 $491,874 $1,508,085 $815,262 $233,893 $226,64O $704,688 $t00,000 $100,000 $109,887 $8,493,050 .$285,632 $133,706 $100,000 $592,830 $407,736 $221,129 $256,778 $396,769 $199,634 $359,712 $100,000 $620.328 $3,086.59 $1,000.00 $1,000.00 $6,427.03 $15,300,37 $1,000.00 $9,712.72 $1,000.00 $1,000.00 $1 000.00 $3 288.69 $1 432.12 $8 527.06 $1288.12 $1~000.00 $1,000.00 $4,918.74 $15,080.85 $8,152.62 $2,338.93 $2,266.40 $7,046.88 $t,000.00 $1,000.00 $1,098.87 $84,9~0.50 $2,856.32 $1,337.06 $1,000.00 $5,928.30 $4,077.36 $2,211.29 $2,567178 $3,967.69 $1,996.34 $3,597.12 $1,000.00 $6,203.28 Processing Fee $60.00 $20.00 $20.00 $120.00 $300.00 $20.00 $200.00 $20.00 $20.00 $20.00 $60.00 $20.00 $180.00 $20.00 $2O.OO $2O.OO $100.00 $300.00 $160.00 $4o.oo $40.00 $140.00 $20.00 $20.00 $2O.OO $1,700.00 $60.00 $20.00 $20.00 $120.00 $80.00 $4O.00 $6O.0O $80.00 $4O.OO $80.00 $20.00 $120.00 Total Fees Due $3,146.59 $1,020..00 $1,020.00 $6,547.03 $15,600.37 $1.020.00 $9.912.72 $1 020.00 $1 020.00 $1 020.00 $3 348.69 $1 452.12 $8 707.06 $1,308.12 $1,020.00 $1,020.00 $5,018.74 $15,380.85 $8,312.62 $2,378.93 $2,306.40 $7,186.88 $1,020.00 $1,020.00 $1,118.87 $86,630.50 $2,916.32 $1 357.06 $1 O20.0O $6048.30 $4 157.36 $2 251.29 $2 627.78 $4,047.69 $2,O36.34 $3,677.12 $1,.020.00 $8,323.28 · Participating City City of Saint Peter Sauk Rapids HRA City of St. James Stevens County HRA Washington County Willmar HRA Wright County City of Zimmerman MCPP 1997 Fee Schedule Amount Allocation Processing Total Fees Allocated Fee Fee Due $173,104 $162,243 $100,000 $186,167 $3,088,541 $328,992 $1,334,417 $100,000 $1,731.04 $1,622.43 $1,000.00 $1,861.67 $30,885.41. $3,289.92 $13,344.17 $1,000.00 $40.00 $4O.OO .. $20.00 $40.00 :$620.00 $6O.OO $260.00 $20.00 $1,771.04 $1,662.43 $1,020.00 $1,901.67 $31,505.41 $3,349.92 $13,604.17 $1,020.00 $27,637,.367.00 ~ ~ ~ MINNESOTA HOUSING FINANCE AGENCY MINNESOTA CITIES PARTICIPATION PROGRAM PROGRAM APPLICATION-COMMITMENT AGREEMENT THIS APPLICATION AND AGREEMENT is made and entered into by and between the City of Columbia Heights (hereinafter refereed to as the "City"), with its office at, City of Columbia Heights, 590 40th Avenue NE, Columbia Heights, Minnesota 55421, and the Minnesota Housing Finance Agency (hereinafter referred to as the "MHFA"), with its office at 400 Sibley Street - Suite 300, St. Paul, Minnesota 55101-1998. WITNESSETH: WHEREAS, the MHFA, under the provisions of Minn. Stat. §474A.061 Subd. 2a (1995 Suppl.), is authorized to issue qualified mortgage bonds, as such term is used in the Internal Revenue Code of 1986, as amended through the date of this agreement, on behalf of the City, and it has issued, or will issue, such bonds on the behalf thereof; and WHEREAS, the MHFA has implemented the Minnesota Housing Finance Agency Minnesota Cities Participation Program (hereinafter referred to as the "Program"), and is using, or will use, the proceeds from the issuance of such bonds to fund the Program; a_nd WHEREAS, the City has requested and received a set-aside of funds from the Program; and WHEREAS, the City wishes to obtain a commitment by MHFA to purchase mortgage notes and mortgages (hereinafter referred to as "Mortgages") which will be originated by a lender or lenders which meet MHFA requirements for participation in programs funded by qualified mortgage bonds, designated by the City (hereinafter cumulatively referred to as the "Lender"); and WHEREAS, Mortgages to be purchased by the MHFA pursuant to the commitment requested by the City must only be for residences located within a geographic area to be established and designated by the City; and WHEREAS, the MHFA is willing to issue a commitment wherein it will agree to purchase Mortgages which are (i) originated by the Lender, (ii) reviewed, when required by the MHFA, in its sole option and discretion, by an entity to be designated by the MHFA (hereinafter referred to as the "File Reviewer"), and (iii) are in accordance with the terms and conditions of this Agreement, the Program, and a procedural manual to be supplied by the MHFA (hereinafter referred to as the "Procedural Manual"), the provisions of which are hereby incorporated by reference into this Agreement as if set forth in full herein; and WHEREAS, MHFA is willing to issue to the Lender a commitment under this Agreement, after it has been fully executed by all of the parties hereto (the fully executed document is hereinafter referred to as the "Program Commitment Agreement"), to purchase Mortgages originated by the Lender in accordance with the terms set forth hereinbelow, the provisions of the Program and Procedural Manual, and the terms of any other agreement entered into between the MHFA and the Lender. NOW, THEREFORE, in consideration of the covenants hereinafter contained and the mutual benefits to be derived therefrom, the parties hereto do hereby agree as follows: 1. City Requirements. All Mortgages submitted to the MHFA for purchase under the Program must comply with all of the requirements of the Program, and all of the requirements and provisions contained in the Procedural Manual and the Program Commitment Agreement. 2. Commitment and Commitment Amount. The City hereby applies for a commitment by MHFA to purchase Mortgages which (i) have been originated by the Lender, (ii) have been reviewed and approved, where applicable, by the File Reviewer, and (iii) meet the requirements of and are made in accordance with the provisions of the Program Commitment Agreement, the Program, and the Procedural Manual; and the MHFA, by accepting this Program Application-Commitment Agreement, commits to the purchase of such Mortgages in the aggregate principal amount (hereinafter referred to as the "Commitment Amount") set forth hereinbelow. All Mortgages to be purchased by the MHFA pursuant to the Program Commitment Agreement shall be only for property which, and borrowers who, satisfy the requirements and provisions of the Program Commitment Agreement, the Program, and the Procedural Manual. the City acknowledges that the commitment herein applied for shall be effective only upon the approval thereof by MHFA at the place provided for hereinbelow, and the delivery of a copy of the same by MHFA to the City, which approved application shall constitute the Program Commitment Agreement. City Part/cipa~on Program Form 95-t (V~r - 6/2/95) 3. Variance in Commitment Amount. A variance of Fifteen Thousand and No/100 Dollars ($15,000.00) in the total principal amount of Mortgages purchased under the Program Commitment Agreement, above or below the Commitment Amount, shall be deemed by the MHFA to constitute compliance with the Program Commitment Agreement~ 4. Commencement of Activity. Upon the acceptance, execution, and delivery of the Program Commitment Agreement by MHFA to the City, the City shall select and designate Lender, and shall have Lender enter into and execute a Lender Application-Commitment Agreement in a form to be supplied by the MHFA. Lenders must meet MHFA requirements for participation in programs funded by qualified mortgage bonds. 5. Commitment Term. The term of the Program Commitment Agreement and the City's participation in the Program (hereinafter referred to as the "Commitment Term") shall commence on a date to be selected and specified by the MHFA, and shall continue for a period of time to be established by the MHFA, in its sole option and discretion, provided, however, such time period shall not be less than Eight (8) months. The MHFA shall transmit a written notification to the City of the date on which the Commitment Term shall commence. The Program Commitrnent Agreement, and the City's participation in the Program, shall automatically terminate, without the need for any action by either party hereto, at the end of the Commitment Term. 6. Set-Aside Term. The Commitment Amount shall be set-aside and held by the MHFA for the sole use by the City for a period of time to be established by the MHFA, in its sole option and discretion, provided, however, such time period shall not be less than Six (6) months (hereinafter referred to as the "Set-Aside Term") commencing on a date to be selected and specified by the MHFA~ The MHFA shall transmit a written notification to the City of the date on which the Set-Aside Term shall commence. Any portion of the Commitment Amount not reserved for the purchase of qualifying Mortgages as of the end of the Set-Aside Term shall be cancelled and returned to the MHFA for redistribution under the Program in accordance with the provisions contained in the Procedural Manual. In addition, any portion of the Commitment Amount reserved for Mortgages which are not delivered to the MHFA for pumhase within the time period delineated in the Procedural Manual for such purchase, shall be cancelled and returned to the MHFA for redistribution under the Program, and any funds contained in the Program at the end of the Commitment Term shall become funds of the MHFA, and transferred to whatever program the MHFA, in its sole option and discretion, may designate. 7. Commitment Fees. No commitment fee shall be payable by the City for the commitment by the MHFA to purchase qualifying Mortgages. 8. Purchase Price. The purchase price of each Mortgage to be purchased by MHFA hereunder shall be as set forth in the Procedural Manual. 9. Mortgage Terms. The interest rate for all Mortgages shall be set from time to time by the MHFA, at its sole option and discretion, by way of a written statement to the City and the Lender; provided, however, any change in interest rate shall only apply to Mortgages for which an individual commitment is issued after the City and the Lender have received such notification of interest rate change. Mortgages shall meet all requirements of the Program, and those set forth in the Program Commitment Agreement, the Procedural Manual, and either the Originating Lender Application-Commitment Agreement or the Direct Seller Application-Commitment Agreement, whichever is applicable. 10. Area Limitation. The City hereby specifically agrees that the MHFA shall, pursuant to the Program Commitment Agreement, be required to purchase only those Mortgages which are for residences located within a geographic area to be established and designated by the City. 11. Warranties. The City hereby warrants to MHFA that, upon approval and delivery of the Program Commitment Agreement by MHFA and the subsequent purchase by and delivery of Mortgages to MHFA pursuant thereto, all such Mortgages will have been made in compliance with, and wilt be in full compliance with, the terms and conditions contained in the Program Commitment Agreement, the Program, and the Procedural Manual, and all warranties set forth in the Procedural Manual are adopted and made by the City, a_nd shall be applicable to each such Mortgage. 12. Servicing. The servicing of Mortgages shall be the sole responsibility of MHFA, or of those servicing institutions which MHFA may designate in its sole option and discretion. 13. Remedies. Time is of the essence hereof. In the event that the City defaults in the observance or performance of any covenant or condition in the Program Commitment Agreement or Procedural Manual, or in the event that any warranty made by the City with respect to any Mortgage is found to be untrue, then the MHFA shall be entitled to all remedies at law or in equity including, but not limited to; (i) the fight to rescind acceptance of the Program Commitment Agreement, (ii) the right to seek equitable relief by way of injunction (mandatory or prohibitory) to prevent the breach or threatened breach of any of the provisions of the Program Commitment Agreement, or to enforce the performance thereof, (iii) the right to seek damages, including consequential damages, arising by virtue of the MHFA's sale of its debt securities in reliance on City Participation Program Form 95-1 (Ver - 612195) the City's observance and performance of the provisions of the Program Commitment Agreement, and (iv) ttte r[ght to terminate the Program Commitment Agreement, and upon such termination the City shall have no further rights pursuant hereto, provided, however, that such termination shall not diminish MHFA's rights specified in the Program Commitment Agreement and in the Procedural Manual. All such remedies shall be cumulative, and the exercise by the MHFA of any one or more of them shall not in anyway alter or diminish the MHFA's right to any other remedy provided herein or by law. 14. Contract Documents. Ail Mortgage transactions between the City and the MHFA pursuant to the Program Commitment Agreement are on a contractual basis. The contract in each instance consisting of the Program Commitment Agreement and the provisions and requirements contained in the Procedural Manual, with all amendments and supplements thereto in any form in effect as of the date of the MHFA's acceptance of the Program Commitment Agreement. 15. Assignment. Neither this Program Application-Commitment Agreement, the Program Commitment Agreement, nor any interest therein is assignable or transferable by the City, or by operation of law, without the prior written consent of the MHFA. 16. Paragraph Captions and Program Headings. The captions and headings of the paragraphs of this Agreement are for convenience only, and shall not be used to interpret or define the provisions thereof. 17. Applicable Law. The Program Commitment Agreement is made and entered into in the State of Minnesota, and all questions relating to the validity, construction, performance and enforcement hereof shall be governed by the laws of the State of Minnesota. 18. Agreement Conditional Upon MHFA Approval. The Program Commitment Agreement shall be a binding obligation of the MHFA upon its execution by the MHFA and delivery of a copy of the same to the City. In the event that this Program Application-Commitment Agreement is not, for any reason, so executed and delivered by the MHFA on or before the 31st day of March. 1997, it shall be null and void and of no force or effect. 19. Issuance of Bonds. The City does hereby authorize the MHFA to issue, on behalf of the City, qualified mortgage bonds, as such term is used in the Internal Revenue Code of 1986, in an amount equal to the Commitment Amount, and the MHFA agrees to so issue such bonds ff and when federal law authorizes and the MHFA deems it is economically feasible to do so. (THE REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK) IN WITNESS WHEREOF, the City has set its hand this day of 1997. CITY: CITY OF COLUMBIA HEIGHTS By: (Signature of Authorized Officer) (Printed or Typewritten Name of Authorized Officer) REQUESTED COMMITMENT AMOUNT Maximum or $2.000.000 MHFA APPROVAL MHFA hereby accepts the above Program Application-Commitment Agreement and approves and grants the following: APPROVED COMMITMENT AMOUNT $328.869 MINNESOTA HOUSING FINANCE AGENCY By: Its: Frances J. O'Neill O_verations Manager, Minnesota Homes Division Signed this day of ,1997 SUMMARY (To be completed by MHFA) City's requested commitment amount Maximum or $2,000.000 Commitment Amount granted by MHFA $328,869 MINNESOTA HOUSING FINANCE AGENCY MINNESOTA CITIES PARTICIPATION PROGRAM PROGRAM APPLICATION-COMMITMENT AGREEMENT THIS APPLICATION AND AGREEMENT is made and entered into by and between the City of Columbia Heights (hereinafter refereed to as the "City"), with its office at, City of Columbia Heights, 590 40th Avenue NE, Columbia Heights, Minnesota 55421, and the Minnesota Housing Finance Agency (hereinafter referred to as the "MHFA"), with its office at 400 Sibley Street- Suite 300, St. Paul, Minnesota 55101-1998. WITNESSETH: WHEREAS, the MHFA, under the provisions of Minn. Stat. §474A.061 Subd. 2a (1995 Suppl.), is authorized to issue qualified mortgage bonds, as such term is used in the Internal Revenue Code of 1986, as amended through the date of this agreement, on behalf of the City, and it has issued, or will issue, such bonds on the behalf thereof; and WHEREAS, the MHFA has implemented the Minnesota Housing Finance Agency Minnesota Cities Participation Program (hereinafter referred to as the "Program"), and is using, or will use, the proceeds from the issuance of such bonds to fund the Program; and WHEREAS, the City has requested and received a set-aside of funds from the Program; and : .WHEREAS, the City wishes to obtain a commitment by MHFA to purchase moi:tgage notes and mortgages (hereinafter referred to as "Mortgages") which will be originated by a lender or lenders which meet MHFA requirements for participation in programs funded by qualified mortgage bonds, designated by the City (hereinafter cumulatively referred to as the "Lender"); and WHEREAS, Mortgages to be purchased by the MHFA pursuant to the commitment requested by the City must only be for residences located within a geographic area to be established and designated by the City; and WHEREAS, the MHFA is willing to issue a commitment wherein it will agree to purchase Mortgages which are (i) originated by the Lender, (ii) reviewed, when required by the MHFA, in its sole option and discretion, by an entity to be designated by the MHFA (hereinafter referred to as the "File Reviewer"), and (iii) are in accordance with the terms and conditions of this Agreement, the Program, and a procedural manual to be supplied by the MHFA (hereinafter referred to as the "Procedural Manual"), the provisions of which are hereby incorporated by reference into this Agreement as if set forth in full herein; and WHEREAS, MHFA is willing to issue to the Lender a commitment under this Agreement, after it has been fully executed by all of the parties hereto (the fully executed document is hereinafter referred to as the "Program Commitment Agreement"), to purchase Mortgages originated by the Lender in accordance with the terms set forth hereinbelow, the provisions of the Program and Procedural Manual, and the terms of any other agreement entered into between the MHFA and the Lender. NOW, THEREFORE, in consideration of the covenants hereinafter contained and the mutual benefits to be derived therefrom, the parties hereto do hereby agree as follows: 1. City Requirements. All Mortgages submitted to the MHFA for purchase under the Program must comply with all of the requirements of the Program, and all of the requirements and provisions contained in the Procedural Manual and the Program Commitment Agreement. 2. Commitment and Commitment Amount. The City hereby applies for a commitment by MHFA to purchase Mortgages which (i) have been originated by the Lender, (ii) have been reviewed and approved, where applicable, by the File Reviewer, and (iii) meet the requirements of and are made in accordance with the provisions of the Program Commitment Agreement, the Program, and the Procedural Manual; and the MHFA, by accepting this Program Application-Commitment Agreement, commits to the purchase of such Mortgages in the aggregate principal amount (hereinafter referred to as the "Commitment Amount") set forth hereinbelow. All Mortgages to be purchased by the MHFA pursuant to the Program Commitment Agreement shall be only for property which, and borrowers who, satisfy the requirements and provisions of the Program Commitment Agreement, the Program, and the Procedural Manual. the City acknowledges that the commitment herein applied for shall be effective only upon the approval thereof by MHFA at the place provided for hereinbelow, and the delivery of a copy of the same by MHFA to the City, which approved application shall constitute the Program Commitment Agreement. City Participation Program Form 95-1 1 ~(Ver - 6/2/95) 3. Variance in Commitment Amount. A variance of Fifteen Thousand and No/100 Dollars ($15,000.00) in the total principal amount of Mortgages purchased under the Program Commitment Agreement, above or below the Commitment Amount, shall be deemed by the MHFA to constitute compliance with the Program Commitment Agreement. 4. Commencement of Activity. Upon the acceptance, execution, and delivery of the Program Commitment Agreement by MHFA to the City, the City shall select and designate Lender, and shall have Lender enter into and execute a Lender Application-Commitment Agreement in a form to be supplied by the MHFA. Lenders must meet MHFA requirements for participation in programs funded by qualified mortgage bonds. 5. Commitment Term. The term of the Program Commitment Agreement and the City's participation in the Program (hereinafter referred to as the "Commitment Term") shall commence on a date to be selected and specified by the MHFA, and shall continue for a period of time to be established by the MHFA, in its sole option and discretion, provided, however, such time period shall not be less than Eight (8) months. The MHFA shall transmit a written notification to the City of the date on which the Commitment Term shall commence. The Program Commitment Agreement, and the City's participation in the Program, shall automatically terminate, without the need for any action by either party hereto, at the end of the Commitment Term. 6. Set-Aside Term. The Commitment Amount shall be set-aside and held by the MHFA for the sole use by the City for a period of time to be established by the MHFA, in its sole option and discretion, provided, however, such time period shall not be less than Six (6) months (hereinafter referred to as the "Set-Aside Term") commencing on a date to be selected and specified by the MHFA. The MHFA shall transmit a written notification to the City of the date on which the Set-Aside Term shall commence. Any portion of the Commitment Amount not reserved for the purchase of qualifying Mortgages as of the end of the Set-Aside Term shall be cancelled and returned to the MHFA for redistribution under the Program in accordance with the provisions contained in the Procedural Manual. In addition, any portion of the Commitment Amount reserved for Mortgages which are not delivered to the MHFA for purchase within the time period delineated in the Procedural Manual for such purchase, shall be cancelled and returned to the MHFA for redistribution under the Program, and any funds contained in the Program at the end of the Commitment Term shall become funds of the MHFA, and transferred to whatever program the MHFA, in its sole option and discretion, may designate. 7. Commitment Fees. No commitment fee shall be payable by the City for the commitment by the MHFA to purchase qualifying Mortgages. 8. Purchase Price. The purchase price of each Mortgage to be purchased by MHFA hereunder shall be as set forth in the Procedural Manual. 9. Mortgage Terms. The interest rate for all Mortgages shall be set from time to time by the MHFA, at its sole option and discretion, by way of a written statement to the City and the Lender; provided, however, any change in interest rate shall only apply to Mortgages for which an individual commitment is issued after the City and the Lender have received such notification of interest rate change. Mortgages shall meet all requirements of the Program, and those set forth in the Program Commitment Agreement, the Procedural Manual, and either the Originating Lender Application-Commitment Agreement or the Direct Seller Application-Commitment Agreement, whichever is applicable. 10. Area Limitation. The City hereby specifically agrees that the MHFA shall, pursuant to the Program Commitment Agreement, be required to purchase only those Mortgages which are for residences located within a geographic area to be established and designated by the City. 1 1. Warranties. The City hereby warrants to MHFA that, upon approval and delivery of the Program Commitment Agreement by MHFA and the subsequent purchase by and delivery of Mortgages to MHFA pursuant thereto, all such Mortgages will have been made in compliance with, and will be in full compliance with, the terms and conditions contained in the Program Commitment Agreement, the Program, and the Procedural Manual, and all warranties set forth in the Procedural Manual are adopted and made by the City, and shall be applicable to each such Mortgage. 12. Servicing. The servicing of Mortgages shall be the sole responsibility of MHFA, or of those servicing institutions which MHFA may designate in its sole option and discretion. 13. Remedies. Time is of the essence hereof. In the event that the City defaults in the observance or performance of any covenant or condition in the Program Commitment Agreement or Procedural Manual, or in the event that any warranty made by the City with respect to any Mortgage is found to be untrue, then the MHFA shall be entitled to all remedies at law or in equity including, but not limited to; (i) the right to rescind acceptance of the Program Commitment Agreement, (ii) the right to seek equitable relief by way of injunction (mandatory or prohibitory) to prevent the breach or threatened breach of any of the provisions of the Program Commitment greeraent, or to enforce the performance thereof, (iii) the right to seek damages, including consequential damages, arising by virtue of the MHFA's sale of its debt securities in reliance on City Participation Program Form 95-1 2 (Vet - 6/2/95) the City's observance and performance of the provisions of the Program Commitment Agreement, and (iv) the right to terminate the Program Commitment Agreement, and upon such termination the City shall have no further rights pursuant hereto, provided, however, that such termination shall not diminish MHFA's rights specified in the Program Commitment Agreement and in the Procedural Manual. All such remedies shall be cumulative, and the exercise by the MHFA of any one or more of them shall not in anyway alter or diminish the MHFA's right to any other remedy provided herein or by law. 14. Contract Documents. All Mortgage transactions between the City and the MHFA pursuant to the Program Commitment Agreement are on a contractual basis. The contract in each instance consisting of the Program Commitment Agreement and the provisions and requirements contained in the Procedural Manual, with all amendments and supplements thereto in any form in effect as of the date of the MHFA's acceptance of the Program Commitment Agreement. 15. Assignment. Neither this Program Application-Commitment Agreement, the Program Commitment Agreement, nor any interest therein is assignable or transferable by the City, or by operation of law, without the prior written consent of the MHFA. 16. Paragraph Captions and Program Headings. The captions and headings of the paragraphs of this Agreement are for convenience only, and shall not be used to interpret or define the provisions thereof. 17. Applicable Law. The Program Commitment Agreement is made and entered into in the State of Minnesota, and all questions relating to the validity, construction, performance and enforcement hereof shall be governed by the laws of the State of Minnesota. 18. Agreement Conditional Upon MHFA Approval. The Program Commitment Agreement shall be a binding obligation of the MHFA upon its execution by the MHFA and delivery of a copy of the same to the City. In the event that this Program Application-Commitment Agreement is not, for any reason, so executed and delivered by the MHFA on or before the 3.1~t day of March. 1997, it shall be null and void and of no force or effect. 19. Issuance of Bonds. The City does hereby authorize the MHFA to issue, on behalf of the City, qualified mortgage bonds, as such term is used in the Internal Revenue Code of 1986, in an amount equal to the Commitment Amount, and the MHFA agrees to so issue such bonds if and when federal law authorizes and the MHFA deems it is economically feasible to do so. (THE REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK) City Participation Program Form 95-1 3 (Vet - 6/2/95) IN WITNESS WHEREOF, the City has set its hand this __ 1997. day of CITY: CITY OF COLUMBIA HEIGHTS REQUESTED COMMITMENT AMOUNT By: (Signature of Authorized Officer) (Printed or Typewritten Name Authorized Officer) Maximum or $2,000,000 MHFA APPROVAL MHFA hereby accepts the above Program Application-Commitment Agreement and approves and grants the following: , ~ APPROVED COMMITMENT AMOUNT $328.869 MINNESOTA HOUSING FINANCE AGENCY By: Its: Frances J. O'Neill Operations Manager, Minnesota Homes Divi~i0n . Signed this day of ,1997 SUMMARY (To be completed by MHFA) City's requested commitment amount Maximum or $2,000,000 Commitment Amount granted by MHFA $328.869 City Participation Program Form 95-1 4 (Ver - 6/2/95) CITY COUNCIL LETTER Meeting of: 3/t0/97 AGENDA SECTION: C 0 NS E NT ORIGINATING DEPARTMENT: CITY MANAGER NO. ,~ PUBLIC WORKS ITEM: DESIGNATION OF ONE HOUR PARKING BY: M. Winson/~ NO. ON THE EAST SIDE OF 5TH STREET DATE: 3/6/97 DATE: AT 40TH AVENUE Mr. Richard Schlicht owns the properties at 500 40th Avenue, 4001 5th Street and 4005 5th Street. He has requested the parking on the east side of 5th Street adjacent to these buildings be changed from "10 minute" parking to "1 hour" parking. The extended parking limit wilt benefit both the tenants and their customers. A Public Hearing was held with no property owners present to object to such a change. RECOMMENDED MOTION: Move to designate "One Hour" parking on the east side of 5th Street adjacent to 501 40th Avenue, 4001 5th Street and 4005 5th Street, based on a recommendation of the Traffic Commission. MAW:jb 97-114 COUNCIL ACTION: TO CITY COUNCIL MARCH 10, 1997 *Signed 1Naiver Form Accompanied/~pplication 1997 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LICENSED AT FEES BUILDING OFFICIAL ;McGuire and Sons Plumbing and Heating *Terry Overacker 605 - 12t'h Avenue S. 1088 Hackmann ¢10.00 40.00 POLICE DEPARTMENT SINGLE EVENT CLUB BEER/LIQUOR *Immaculate Conception Church 4030 Jackson Street license.ag .1,0:1. (3E]'~IE:RAL 201 COMMUI'.-t ]: ]"Y Dlii:VL"..]...C)F:'I;Ilii]',tT F'UI,ID :.?.03 F:'AF;.:I<V]:EW VZL, LA t',IOF;.,'TH ::::;~0.':!-!~]COt',IOM ]] C Dlii~VtEL.(]F:'MIEI"-FT AU"i"H 2() b SEC:T ]~ (3hi :.:'?..'l, :::?: STA'1"E 2:L3 F:'AF;~'KV]:Ii!:W V]:LL.A SOUTH :.?25 C.'.'A)E'H...IiE 'I"EI...I!!:V ]: '.ii; ]: (3t',! 2 :;."; .5 F;.:Iii:I'~F'F A L 240 1... ]7 )::::F;: A F;..' 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I< VIE t'-It)C) FL' BAIqt< CHIEC 1< I I"IG AE:C:C)Utq'I" CHI:T.C K NLIMBIF.]R A?IOLINT Ui"ANI)AF;,'I) SF'FL' t !qG CO ,"i;'f'AFL' TF;,' t BUI'IE UTE:tEL. TEC:H INC STI:L'IE]:E:HE:tR GUN ' S ]:hlC/DON ('i;LJ.B U F;,' BAN F:'RCtF:'AN!!iZ SMBUF;.'.BAN T.t7 t:',:fE SE]:;ZV t CFZ .<.i;t. JE;b,tAY-A. ,3 ,, N ,, ]J NC: NCtF;,'THE; :~i; Y N 0 b.j C Z S {< ]: / S 'f'lE VtE ,~i;YS-I'E]"I~i; ,!:;LJI::'F'!...Y ]: NC ,, 'TARGE:'f' S,'T'C)F;..'IES'"AC, C, TS I:;,'EiC'. 'Y'E;IdF' t"tlEA T THAT F:'ATCHWCIF;,'K F:'L.ACtE M S WIZS"f' C:OMMUN :ItC'.AT i Ol,IS UN 117 F:'OF;.'.M.!~ MI,IL. ]; M ]1 'fED 3; t',l(] Ut"-I ;[ L/' E]:;.: .~.:; Z TY [)F' M ];I'.INE:SCYY'A LJ~3 F:' J; L.'¥'EF;,'/!,,JA"f't.EF;: F:'F;,'O VOS;S L. 7i; C.iI-.{'T :t; W & W GE:NE]:;.:A'T'CJF;,' W t.d l,',.{ ;I; t'.l '¥' ti~:l:;~ iZQU]iF:'MEt,IT C'-OI'qF:'ANY W]:F:'E:F;,'(!i; & I,,,I];t::'tE~; WOOL'i..A t(E SAI'1:1: TAF;.'.Y StZF;,'V ;I: C'. ZIEF' MAI,ILIF:'Af.;::TLtF;.:];I'.tC; COMF'At,1 64094 64095 64<)96 64097 64098 64099 64:I, 00 64:1.02 64 .t. 0:3 64 t 04 64:t. 05 64;I. 06 64:1.07 64 :l. 08 641.09 64:l. :1.0 641. 1 I. 64:1. :1. 641..1.3 64:1. :[4 64 ! L '= 64 .1. :1. 6 :t. 3:1. ,. 42 52 ,, 75.9 60 ,, O0 289 ,, 68 69,86 :1.44 ,, 3.'5 t 9.5,, 2.9 27. :1.5 69,, 27 40,,;'54 662.29 1.20.91; 3';7:1.. 10 528.97 50 ,, 00 771 ,, 92 62 ,, 84 I :: .t. 9:.':i. 93 592,84 52.99 99 :, (-i.~36,3:L 726,,36 62;5,740 ,, 97 CITY COUNCIL LETTER Meeting of: March 10, 1997 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CiTY MANAGER NO: ~ Planning and Zoning APPROVAL ITEM: Zoning Ordinance Amendment BY: Tina Goodr0ad ~3 BY NO: Case ~9702-06 &--~ DATE: March 5, 1997 The Planning and Zoning Commission reviewed the attached amendment to the Conditional Use Permit portion of the Retail Business Section of the Zoning Ordinance that would eliminate a restriction on the number of repair bays allowed for minor repairs. This issue has been raised due to a redevelopment plan of the Conoco Station located at 3701 Central Avenue. This redevelopment will be reviewed at the March Planning and Zoning meeting. The owners have purchased three properties north of the station on the east side of Central Avenue as well as properties at 3816, 3824, 3826 and 3828 Central Avenue on the west side. This west side property is the old Honda Sales site. The owners' intention is to rebuild the Conoco site into a new, larger gas station and convenience store with a carwash and use the west side property for all their service repairs. Because of this increase in land ownership, they wish to expand the repair portion of the business and create up to ten (10) service bays. Currently the Zoning Ordinance reads in Section 9.113(2) (g): "Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed four (4) bays) subject to Section 9.117" With this restriction on the number of service bays, the owners of Conoco believe that the expense of the redevelopment of the store and station would not be worth it unless their business could expand. Staff has reviewed pre!iminaryplans of the site and is comfortable with increasing the number of service bays at this particular site. Staff is also comfortable with removing the restrictive language and not limiting the number of bays because the size of sites alone will restrict the number of bays that could be constructed on any one location. Motor fuel stations and repair is only allowed in the Retail Business District and "GB", General Business District where no vacant sites exist, if another existing motor fuel station and repair redeveloped, the size of the site and setback requirements and parking restrictions would effectively control how built up a site became. For the Conoco Station to fulfill its plans, desired expansion and investment in Columbia Heights, Staff recommends the elimination of the restriction on the number of service bays. Once the proposed plans are reviewed by the Planning and Zoning Commission and the City Council, all site issues will be reviewed to ensure a quality redevelopment project for both the company and the City. Staff has met several times with the architect for the project who is aware of and hopeful for this Ordinance amendment. Preliminary site drawings will be provided at the meeting for further explanation of the intended project. The Planning and Zoning Commission unanimously recommends approval of this amendment. RECOMMENDED MOTION: Move to waive the second reading of Ordinance #1340, there being ample copies available to the public. Move to approve Ordinance #1340, an Ordinance Amending Ordinance No. 853, City Code of 1977, and Pertaining To Zoning Amendments. COUNCIL ACTION: ccag0297.no2 ORDINANCE NO. 1340 BEING AN ORDINANCE A~vflENDING ORDINANCE NO. 853, CITY CODE OF I977, AND PERTAINING TO ZONING AMENDMENTS. The City of Columbia Heights does Ordain:' Section 1: Section 9.113 (2) (g) of Ordinance No. 853, City Code of 1977 Which currently reads as follows, to wit: 9.1 I3(2) Conditional Uses Within any "KB" Business District, no structure or land shall be used for the following uses except by Conditional Use Permit. ~,~y~ o,.,uj~,.,,, to~,,~,~ 9.117. is hereby amended to read as follows: 9.113 (2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (8) Motor fuel stations (m/nor) and major fuel stations with minor repairs subject to Section 9.1 [ 7. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: .Roll Cai: First Reading: Second Reading: Date of Passage: Mayor Joseph Smrdevant Jo-Anne Smdent,_Council Secretary CITY COUNCIL LETTER Meeting of: March !0, 1997 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT.: CITY MANAGER NO: ~ Planning and Zoning APPROVAL ITEM: Rezoning, Plat, Site Plan, CUP BY: Tina Goodroad~ BY.-.~/~~ NO: Case 9703-09, 3701 Central Avenue DATE: March 5, At their last meeting, the Planning and Zoning Commission reviewed several requests of Mr. Bob Williams and Mr. Jeff Bahe concerning redevelopment of their gas station at 3701 Central Avenue. The items reviewed include rezoning, pre-plat approval, site plan and conditional use permit review. Due to the large turnout of residents and concerns expressed by them and concerns the Planning and Zoning Commission has with specific site issues, the public hearing was tabled and discussion will continue at the April !st meeting. However, a public hearing notice was published for this case with the assumption that Planning and Zoning approvals would have been made. Because no recommendations were made, approvals from the City Council cannot be made. ! would like to present a short review of the development, specifically the rezoning portion, in order to educate the City Council on this project. I would be happy to provide more information at a worksession prior to City Council review/approval on April 14, 1997 after Planning and Zoning Commission and Traffic Commission has made their review. Mr. Bob Williams and Jeff BaLe are requesting the consideration of rezoning properties located at 3701, 3807, and 3817 Central Avenue (east side), 3740, 3802 Reservoir Boulevard and 3816 Central Avenue (west side, old Honda sales site). Each of these addresses are located in the Central Business District (CBD) zoning except 3740 and 3802 Reservoir which is zoned R-3, Multiple Family Residential. The owners wish to rezone this property to RB, Retail Business. In addition to the above listed properties, the City of Columbia Heights proposes to also rezone the properties along Central Avenue between 37th and 39th Avenue on both sides and 3701 Reservoir Boulevard. The reason for the rezoning is due to a redevelopment of a gas station, convenience store and car wash on the east side of Central Avenue and a development of motor vehicle repair bays on the west side of Central Avenue. Most of the property owned by Mr. Williams and Mr. Bahe is zoned CBD except for the two on Reservoir Boulevard. Because of the existing zoning, the existing station is non-conforming as motor fuel stations and motor vehicle repair is not a permitted use or allowed by Conditional Use Permit in the Central Business District. Taking into consideration the proposed uses and surrounding uses, Staff is most comfortable with the rezoning to "RB", Retail Business. This district allows, by Conditional Use Permit, motor fuel stations and repair. This rezoning is necessary for the development to take place. It is also the main concern for residents. During the meeting, over thirty people spoke about their concerns over the project. The Planning and Zoning Commission also identified twelve items that need correction prior to next review. Some of these items include concern over the alley location, propane tank location, lighting plans, snow removal and hours of operation of the restaurant. Again, due to the tabling of the item, this case is brought for discussion only. The Planning and Zoning agenda you received will provide more information. I too can provide more details when requested during the meeting. RECOMMENDATION MOTION: Move to recess the public hearing and schedule the hearing to be reconvened on Monday, April 14, t997. COUNCIL ACTION: : : ..... ",i "-; .... : : ',,: 5o 19 4.o '31 3~ Zl e~ '11 E/ to~] AV a7 ii I I I I I I I I I I I I I I CITY COIINCIL LETTER Meeting of: March !0, 1997 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 6 City Manager APPROVAL ITEM: OPINION REGARDING SUSPENSION OF RENTAL BY: W. Fehst BY: LICENSES - LYAIDE INVESTMENT PROPERTIES DATE: 3-6-97 DATE: The City Attorney was requested by the City Manager to draft a memo for the Council's consideration regarding the City's authority to suspend a rental license and what is required to take this action. Attached is the City Attorney's response to the request. He has also included a copy of the statute, Exhibit A, which addresses the tenant's right to privacy. THIS ITEM WAS TABLED AT THE FEBRUARY 24, 1997 REGULAR COUNCILMEETING TO A SPECIAL COUNCIL WORK SESSION ON MARCH 4, 1997 WiTH THE RESULTS OF THE MARCH 4, 1997 MEETING TO BE DISCUSSED AT THE MARCH 10, 1997 REGULAR COUNCIL MEETING. COUNCIL ACTION: REGULAR COUNCIL MEETING FEBRUARY 24, 1997 PAGE 7 o He was also concerned with any potential for retaliation against a current tenant if he/she permitted the inspectors into their unit. The property owner stated this would not happen. Counci!member Jones inquired of the owner of Lynde Investments if he had any problem with his tenants calling 9-1-1 if they felt there were a problem. He responded he did not and he felt that the City was there to protect them. Counci!member Jolly stated he does not want this series of issues to continue much longer as nothing is being resolved. He requested a special meeting be scheduled where concerned parties from Lynde Investments, the Council and staff could discuss these matters and come to some resolve. ~ion by Peterson, second by Jolly tc table this agenda ite~m and to schedule a meeting for March 4, i997 at 5:00 p.m. to be~ held in City Hall with all interested parties and that the~ results cf the March 4, 1997 meeting be brought to the March~ ~0, !997 Council Meeting. Roll call: Ail ayes ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances !) Resolution No. 97-2i Beinc a Resolution Recuestin~ ReDresentation from Leacue of Minnesota Cities Insurance Trust Motion by Sturdevant, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: Ail ayes RESOLUTION NO. 97-2i BEING A RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA CITIES INSLrR_ANCE TRUST FOR APPEAL WHEREAS, the City of Columbia Heights is a defendant along with the Minnesota Police Recruitment System, a Minnesota joint powers organization ("MPRS"), and 35 other Minnesota cities in two companion civil actions in Hennepin County District court entitled Fields v. MPRS et al. and Starks v. MPRS et al., District Court File Numbers EM 93-218 and EM 93- 219 (collectively referred to as the "Action"); and WHEREAS, by Order dated October 5, 1994, the court found that the entry level police officer selection procedures used by the defendants violated the Minnesota Human Rights Act; and FEB.-20'971THU) t1:52 BARNA GUZY STEFFE TEL:612 780 1777 P. 002 BERNARD E. bWEFFEN J~ 5 J~N~N RU~LLL H JO~ P ~IC~N DAVID ~ MIC~ E HU~ H~MAN BOS Barna, Guzy & Steffen, Ltd. .¥1-FORNi~Y$ AT LAW 400 Northrown Financial Phza 200 Coon Rapids Boulevard MirtneapoJis, MN 554.33-5894 (612) 780-8500 FAX (6t2) 780-1777 Writer's Direct £ine (6121 783-$122 ROBERT TO: City ~anager, Mayor and City Councll Members City of Col,,m~ia Heights FROM J~mes D, Hoe~t RE= Lynde Investment Properties - Suspension of Rental License D~TE: Februar~ 20, 1997 In speaking with the City Manager on February 19, 1997, I was directed to provide a memo to the Council to assist in the Council's understanding of the City's authority to suspend a rental license and the basis for doing so. Minnesota Statute 410.04 allows any city to adopt a charter, which in effect is a local constitution approved by the local voters. While statutory cities derive their power directly by the statutes (primarily Chapter 412), home rule charter cities obtain their powers from a home rule charter, subject to any limitation of powers by state ~tatuts. The Columbia Heights Housing Maintenance Code was enacted pursuant to the City charter to provide for the public'~ health, safety and welfare. Since the Housing Maintenance Code was developed under authority of the Charter, any license issued thereunder is subject to suspension and/or revocation by the City Council. The argument has been proposed by Lynde Investments that neither the landlord nor the Housing Code Inspectors can enter upon or into a tenant's premises without consent of the tenant. In response to this position, I would direct the Council,s attention to Exhibit A which is a copy of Minnesota Statute 504.183 entitled Tenant's Right to Privacy. The Council should note that this section of this statute was recently enacted in 1995. Upon review of the statute, it is clear that a landlord has the right to enter upon the premises of a tenant for a "reasonable business purpose" after making a good faith effort to give the tenant FEB.-20'971THU) 11:52 BARNA GUZY STEFFE TEL:612 780 1777 P. OOS February 20, ~997 Page 2 reasonable notice of the intent to enter. Under the statute, "reasonable purpose" includes the following: "allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention or housing maintenance codes; . . ." The statute is quite clear as to the respective rights of the tenant, landlord and inspection authorities. Accordingly, since the Housing Maintenance Code requires that each property be inspected on an annual basis, this proceeding was initiated because Lynde Investment~ refuse~ to allow entry for such inspection. There is no conflict between Minnesota Statute 504.183 and the City of Columbia Heights City Charter. The Housing Maintenance Code as developed under the City Charter is in fact enforced in compliance with Minnesota Statute 504.183. As such, in my opinion the Columbia Heights Housing Maintenance Code has been lawfully created, and is being lawfully administered according to both the city Charter and Minnesota Statutes. FEB.-20'97(THU) t1:55 BARNA GUZY STEFFE TEL:612 780 1777 Et~IIBIT A I~kN"DLORD$ .42~D TENANT~ § ~04.188 Notes o[ Decisions. : Subd~sion 1. De~itions. For P~es of mgs~ ~ven · e pre.es ~n~ed by a ~ea~ ~y tbr ~ ~le bus~ :enema ~ght co pmor no~ of e~:~ ~de: ~ ~e~on ~ a con~on of entry L~ or Subd. 3. Re~on~ble P~e. For p~os~ p~ose meJudes, bu: is no~ ~i~d ~: ' ~1), aho~g ~e unit ~ p~spe:dve te~ d~ :he :odce oe~od befo~ ~e Ieee ce~maces or ~er k~e eu~n: ~n~nc h~ ~ven ~o~ce ~ move ~ ~c o~er or ,)~er's t2) ~ho::~g ~e unit co a prospec:ive ~uy~ or (~) ~o~in~ ~v. ren~nce work: (4) ~ow~g ~pec~ons by s~ce. ~ounry, or city o~C~ ch~ged i~ ~e e~br~ment of he~th, housing, building, ~ prevention, or ho~m~ m~ten~ce (T) pre~d houaekeepia~ ~rk ~ se~ar ten~ ~ age ~ or older: ~8) ~e {andlo~ h~ a remonable be~et ~a; ~e ~: is ~ ~euo~d by ~ ~du~ ~hou~ a le~ right to occupy it; or - (9) ~ tenet k~ va~d ~e umc ~ub~ 4, E~cepfion to notice ~qu~ement. No~~ ~ion 2, a ~ord may en~r ~e P~S ~nred by a ~en~n; ~ ~spee: or ~e approp~ats a~on ~out p~or (D ~e~ce en~ ~ n~ to pr~ent ~j~ to ~o~ or P~pe~ be~a~e o~ con~ons ~la~g ~ m~t~n~, b~g se~, or (2) ~edia~ en~ ~ aec~s~ co dece~e a (3) ~e~ce e~ ~ nec~ ~ order m ~mpty ~la~ ae~ occ~g ~t~ ~e ce~n~s 5uhd. ~. En~ wi~out ten~t'~ pr~n~. I~ ~e 1~o~ en~ ~ ~e tenor ~ not p~nc ~d p~or nodes hm nor ~n ~ven, ~e ~o~ ~h~ ~s~ose ~e en~ by pta~g a ~en ~elos~e of ~e en~ m a co~p~uv~ p~ce in ~e P~es. P. 004 FEB.-20'97tTHU) 11:53 BARNA GUZY STEFFE TEL:612 780 1777 P. O05 ~ $04.1S3 L~\-DLORD$ A.~H2) TENANTS ~1~ ~ pen~ty for ,e~h ~oi~fio~. A ~nt sh~ lo,ow ~e proced~ ~86~ m e~o~e ~e P~ions ef ~s sec~on. ~u~ 7. ~emp~on. ~s sec~o~ does no~ apply ~ ~an~ and lsnd~ord~ of r~d home p~ks as defined m sec~on ~27C.0t. La~ 1~, c. ~8, m 4, ~ 21. ~cn~ed by ~ws t99~. c. 3~7. ~ 1. ~/s~ri~l and S~tu~o- Notes t995 Le~iflatien ~r July 1, I996 RESOLUTION 97- 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 LYNDE INVESTMENTS, (HEREINAt:'FER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4050 4TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WPd'ITEN NOTICE SETITNG FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOI~ER ON FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requesting that the building located thereon at 4050 4TH 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 LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: FAILURE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 4050 4TH STREET 4. 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 4050 4th STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That alt 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-1698-96 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 fkst 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: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- 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 LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4060 4TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, TI-IEREFORE, 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 NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requesting that the building located thereon at 4060 4TH 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 LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcemem Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: FAII.URE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 4060 4TH STREET 4. 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 4060 4th STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1697-96 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 fn'st day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROI J~ CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- 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 I-tFJ~D BY LYNDE INVESTMENTS, (HEREINAFrER "LICENSE HOLDER"). WlKEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4100 4TH STREET, 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 FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THIEREFORE, 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 NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requesting that the building located thereon at 4100 4TH 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 LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon sa/d information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: Ao FAII.URE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 4100 4TH STREET 4. 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 4100 4th STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1696-96 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 fa'st 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: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- 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 HIXJJD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LF~GAL OWNER OF THE REAL PROPERTY LOCATED AT 4120 4TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THEREFORE, IN ACCORDANCE wrrH 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 NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requesting that the building located thereon at 4120 4TH 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 LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: F^rI',URE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL uNrrs LOCATED AT 4120 4TH STREET 4. That al/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 4120 4th STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1695-96 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 f'n'st 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: ATTEST: AYES: NAYS: CITY OF COLUMBIA Id]EIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- 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 I-WJJD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4425 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECrlON 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 FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOtJ~OWlNG: FINDINGS OF FACT 1. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection request notices to LYNI)E INVESTMENTS requesting that the building located thereon at 4425 UNIVERSITY AVENUE, 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 LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: FAH,URE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 4425 UNIVERSITY AVENUE 4. 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 4425 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and 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-1845-96 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. Ail tenants shall remove themselves from the premises within 60 days from the fa'st day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROI JJ CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- RESOLUTION OF THE C1TY 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 LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4433 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the .City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requestang that the building located thereon at 4433 UNIVERSITY AVENUE, 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 LYNDE INVESTMENTS, be schedtfled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: FAII.U~ TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 4433 UNIVERSITY AVENUE 4. That al/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 4433 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and 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-1844-96 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 fkst 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: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- 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 I-IF.I.D BY LYNDE INVESTMENTS, (HEREINAFrER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS TI-IE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4441 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITWEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requesting that the building located thereon at 4441 UNIVERSITY AVENUE, 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 LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: FAII~URE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 4441 UNIVERSITY AVENUE 4. 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 4441 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. 'That all relevant parties and parties in interest have been duly served notice of this heating, 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-1843-96 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 fn:st 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: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- 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 I-rl:J~D BY LYNDE INVESTMENTS, (HEREINAFFER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4707 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRIIWEN NOTICE SETI'ING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requesting that the building located thereon at 4707 UNIVERSITY AVENUE, 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 LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, m-wit: FAILURE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 4707 UNIVERSITY AVENUE 4. 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 4707 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and 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-1901-96 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: ROI JJ CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- RESOLUTION OF THE C1TY COUNCIL FOR THE CITY OF COLUIvIBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HFJ.D BY LYNDE INVESTMENTS, (HEREINAFrER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4715 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITrEN NOTICE SETITNG FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THEREFORE, tN 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 NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requesting that the building located thereon at 4715 UNIVERSITY AVENUE, 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 LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: FAII~URE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 4715 UNIVERSITY AVENUE 4. 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 4715 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and 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 COUNCI~ 1. The rental license belonging to the License Holder described herein and identified by license number F-1900-96 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 fn'st 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: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- 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 I-tgJJD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5121 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRrrrEN NOTICE SE'ITfNG FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THEREFORE, IN ACCORDANCE WqTH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLIYMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS lVIAKES THE FOLLOWING: FINDINGS OF FACT 1. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the .City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requesting that the building located thereon at 5121 UNIVERSITY AVENUE, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on f'de for the above-described real property by LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVES~NTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: FAH~URE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 5121 UNIVERSITY AVENUE 4. 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 5121 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable fights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such fights 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-1899-96 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 fa'st day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROIJ. CALL VOTE: ATFEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- 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 HEIJD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT $131 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRrITEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THEREFORE, IN ACCORDANCE WITH TH~ FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, ~ CITY COUNCIL OF TI-tE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requesting that the building located thereon at 5131 UNIVERSITY AVENUE, 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 LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: Ae FAII.URE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 5131 UNIVERSITY AVENUE 4. 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 5131 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That ail 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-1898-96 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: ROIJJ CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR RESOLUTION 97- 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 I-IEI~D BY LYNDE INVESTMENTS, (I-IEREINAFFER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5141 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), wRrY~EN NOTICE SETTING FORTH TI-IE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO T~E LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 24, 1997. NOW, THEREFORE, IN ACCORDANCE WITH TI-IE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF TIKE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection request notices to LYNDE INVESTMENTS requesting that the building located thereon at 5141 UNIVERSITY 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 LYNDE INVESTMENTS, be scheduled for the annual licensing inspection. 2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based upon said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: Ae FAII.URE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 5141 UNIVERSITY AVENUE 4. 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 5141 UNIVERSITY AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this heating, 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-1897-96 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 fa'st 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: ATTEST: AYES: NAYS: CITY OF COLUMBIA. I-[EIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR MOTIONS FOR RENTAL REVOCATIONS: If you are going to revoke: RECOMMENDED MOTION: Move to close the public heating and waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 97- , Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by (name) regarding rental property at (address). If you are NOT going to revoke: 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 complied with provisions of the Housing Maintenance Code. If you don't KNOW if you wilt revoke or not until the night of the meeting: RECOMMENDED MOTION: Move to close the public hearing and waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 97- , Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by (name) regarding rental property at (address). ALTERNATE MOTION: Move to close the public heating regarding the revocation or suspension of the rental license held by (name) regarding rental property at (address) in that the provisions of the Housing Maintenance Code have been complied with. diT¥'"OF COLUMBIA HEIGHTS (1") 555 MILL STREET N.E., COLUMBIA HEIGHT$~ MN 55421~3878 (612) 782-2830 TDD 782-2806 Columbia Heights Fire Department Inspection Report 4433 University Avenue, #102 On Monday, March 10, an inspection was made of 4433 University Avenue NE, #102, as the result of a complaint. This inspection was performed by Matthew Field, Columbia Heights Fire Department Inspector. Accompanying Matthew on the inspection was Mayor Joseph Sturdevant and City Council member Meg Jones. The following items were found to be in violation of Housing Maintenance Codes and corrections must be made as outlined. 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) Replace damaged refrigerator handle. Have oven checked; smell of gas is evident when using oven. Renter has called owner three times. Repair kitchen faucet; it is leaking. Wallboard vent to the stove is loose. Replace or re-attach. Repair water leak from upstairs unit. The water leak that has damaged the bathroom has been ongoing for two months. Owner has been called four times by renter. Repair and paint water damaged ceiling and walls. Bathroom sink has low hot water pressure and must be repaired. Unit appears to be half painted. Complete painting the unit. Repair kitchen window so it latches properly. Repair electrical problem with the living room light switch. Storage lockers in the laundry room were not locked; (#104 and #4 need to be secured because of combustible storage inside). Remove all combustible storage from laundry room. Approximately 10 doors are in laundry room. Columbia Heights Fire Department Inspection Report 4433 University Avenue, #102 March 10, 1997 Page two 13) 14) 15) 16) 17) t8) Replace plastic venting from dryer in laundry room and install metal venting. Remove ice from front steps. Repair security box on building. It appears to be loose from stucco. Repair front light fixture. Install downspout on northwest comer of building and direct water away from foundation. Remove couches and TV from along back of building. MF:cf 97-35 CITY COUNCIL LETTER Meeting of: 3/10/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO'0,, OTHER BUSINESS PUBLIC WORKS ~ ITEM: AUTHORIZE STAFF TO APPLY BY: M. Winson BY: NO. FOR DNR C.O.R.E. FUNDING ~ ~ DATE: 3/3/97 DATE: The Metro Regional Fisheries Division of the DNR has approached the cities of Columbia Heights and St. Anthony about applying to the C.O.R.E. Program (Cooperative Opportunities for Resource Enhancement) to have a cascade aerator and perhaps a fishing pier installed at Silver Lake. Under the program, the DNR would install the aerator and the cities would be expected to maintain it. During the winter of 1995-96 there was a major kill due to oxygen depletion. It is expected that the same will happen again this winter. The DNR has been impressed with the work done by Columbia Heights, St. Anthony, New Brighton and Ramsey County with regard to reducing the amount of phosphorus entering Silver Lake. They feel that the water quality will improve and that eliminating rough fish and establishing a healthy pan and game fish population will help improve water quality. The DNR did stock Silver Lake in 1996. The DNR staff we spoke to felt there was an excellent chance that an application for aeration at Silver Lake would be granted if the DNR receives the additional funding for the program this year. Should the application be successful, the DNR would fabricate and install a sump manhole with a pump to pump water to a cascade aerator that would be located along the shore line. The aerator would supply sufficient oxygen to keep the majority of the fish population alive through the winter. The aerator would not necessarily need to be run all winter or even every winter. The DNR would monitor oxygen levels and inform the city when to run the aerator. The City's responsibility would be to provide and pay for the electricity to run the pump and to maintain the system. Although the DNR did not have any firm figures on annual maintenance cost, they felt that on the average it should be less than $2,000. Based on the availability of public land on the lake, it would appear that the best location for an aerator would be either at the beach or the landing. Since the equipment would be on Columbia Heights property, we should be the lead agency. St. Anthony has expressed a willingness to share in the cost of maintaining the system. Additionally, the DNR suggested that we consider applying for installation of a fishing pier. As with the aerator progyam, the DNR would install the pier and the City would be expected to maintain it. We might also be responsible for providing handicap access to the COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/10/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO. PUBLIC WORKS ITEM: AUTHORIZE STAFF TO APPLY BY: M. Winson BY: NO. FOR DNR C.O.R.E. FUNDING DATE: 3/3/97 DATE: Continued - Page 2 pier. The best location for this facility would be at the beach. Handicap access would most economically provided by installing a walkway from the parking lot to the pier. Should the City decide to pursue this opportunity, the staffs of St. Anthony and Columbia Heights would hole an informational meeting for the lake area residents to explain the program and solicit input. The Park and Recreation Commission recommends that the City Council apply to the C.O.R.E. Program for installation of an aerator and fishing pier on Silver Lake. RECOMMENDED MOTION: Move to authorize staff to apply to the DNR C.O.R.E. Program for installation of an aerator and fishing pier on Silver Lake based on the recommendation of the Park and Recreation Commission. MAW:jb 97-108 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March !0, 1997 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 City Manager APPROVAL , ~, The City Manager is recommending that a Council work session be scheduled for 5:00 p.m. on Monday, April 7, 1997 and at 7:00 p.m. on Monday, April 21, 1997. The time of 5:00 p.m. on April 7, 1997 was selected as there is a Board of Review scheduled for that evening at 7:00 p.m. It is anticipated there may be a number of residents and property owners attending the Board of Review. MOTION: Move to establish a Council work session on Monday, April 7, 1997 at 5;00 p.m. and on Monday, April 21, 1997 at 7:00 p.m. COUNCIL ACTION: CITY Cfi)UNtIL LETTER Meeting of: 3/10/97 AGENDA SECTION: OTHER BUS I IIESS ORIGINATING DEPARt: //~ CITY MANAGER NO. ITEM: AUTHORIZATION TO SEEK PROPOSALS BY: M. Winson r"F ..... BY: NO. FOR POOL CONSULTING SERVICES DATE: 3/3/97 DATE: As you are aware, the City has been notified that the three ~vading pools are not in compliance with the current Health Department standards. Staff took the following actions last year as an interim improvement to open the pools to the public: Sandblasted all three pools to remove old peeling paint. Painted the pools at Mathaire and Huset. McKenna pool to be painted this spring. Installed new self closing gates at all three pools. Installed new signage at Mathaire and Huset. McKenna will be done this spring. Instituted new procedures with regard to frequency and type of water testing. Replaced existing weirs and repaired skimmers. Filed a letter ~vith the Health Department outlining the actions we intend to take to bring our pools into compliance. At a minimum, the following improvements need to be made to bring the pools into total compliance: Connection of the bottom drain in each pool to the recirculation system. Installation of new pumps, filters, valves, chlorinators and feed meters to meet the maximum two hour recirculation time and to balance the flow. Increase the number of skimmers in each pool to six or eight from the current four. Eliminate the existing concrete curbs around the edge of the pools. In checking with several pool installation companies, the estimated cost to make the above improvements will cost approximately $50,000 to $60,000 per pool. A new pool the same size as our existing wading pools is estimated to cost $100,000 - $120,000. Before proceeding with a program that would entail this level of expenditure it is important that alternatives be considered. Staff feels the best way to address these issues is through the use of a knowledgeable consultant. A consultant would asked to address the following as a first phase: Estimate of actual costs to bring the existing three wading pools into compliance. Utilizing the data from the survey done by Recreation Dept., should the City continue to provide three wading pools in their COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/10/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO. PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK PROPOSALS BY: M. Winson BY: NO. FOR POOL CONSULTING SERVICES DATE: 3/3/97 DATE: · Continued - Page 2 present locations. Are additional wading pools needed to meet the needs of the commurdty? · Would a centrally located community pool (outdoor, indoor, indoor/outdoor) better serve the community? · What are the costs of these alternatives? · Would it be more cost effective in the long run to build ne~v wading pools instead of improving the existing pools? · Based on the cost of the alternatives, operation costs and the potential for liability; should the City continue to provide this type of recreation. The second phase of the consultant contract would involve the design of the improvements needed to bring our existing pools into compliance, if that is route decided on by the Council after reviewing the results of the first phase. Staff would ask the Park And Recreation Commission to reviexv the request for proposal before it is sent out to make sure that the scope of work addresses all the pertinent issues. The Park and Recreation Commission has recommended to City Council to authorize staff to seek proposals for pool improvement consulting services. RECOMMENDED MOTION: Move to authorize staff to seek proposals for consulting services on pool improvements based on a recommendation of the Park and Recreation Commission. MAW:ih 97-109 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/10/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO. ~ 0THER BUS II'lESS PUBLIC WORKS /t~/~b~// ITEM: ACCESS SITE AT BY: M. Winson BY: NO. 4849 CENTRAL AVENUE DATE: 3/6/97 DATE: The proposed P.U.D. at 4849 Central Avenue does not involve a change in the location or number of access locations. The removal of the existing parking island on the north side wilt improve circulation and access. At the request of Councilmember Ruettimann, the Traffic Commission reviewed the entrance as he felt it was too narrow. It was suggested that making the entrance any wider could present a hazardous situation for pedestrians using the sidewalk. Removal of the concrete island could make entering and exiting easier. A stop sign at the exit should be installed because of school traffic along 49th Avenue. Based on the discussion at the Traffic Commission Meeting, the architect has submitted the attached plan to improve the ingress/egress from the site. The plan removes the concrete island and 10 parking spaces near the entrance. The parking spaces near the proposed building increases from 11 to 16. This results in a net loss of 5 parking spaces. The total number of proposed spaces (156) exceeds the required spaces (154). RECOMMENDED MOTION: Move to recommend the curb opening be a minimum of 30' and if it need be widened, be no less than 32' with the addition of a stop sign being installed on the east side of the driveway, based on a recommendation of the Traffic Commission. MAW:jb 97-1t5 COUNCIL ACTION: THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION MEETING OF THURSDAY, FEBRUARY 20, 1997 The meeting was called to order at 7:35 p.m. by Chairman, Dennis Stroik. ROLL CALL: Commission Members: Dennis Stroik, Ken Henke, Reuben Ruen, and Dominic Diaz. Council Representative: Meg Jones City Representative: Jean Kuehn Cable TV Representative: Mike Zmuda from Meredith Cable Legal Counsel: INTRODUCTION OF NEW MEMBER Bob Vose Our new commission member, Dominic Diaz was introduced. Dominic was appointed to the Telecommunications Commission in December. APPROVAL OF MINUTES Motion b'y Ken, seconded by Meg to approve the minutes from the meeting of November 21, t 996. All ayes. OLD BUSINESS A. Channel Check Everything checked out fine during the channel check. B. Correspondence Log and Complaint Folloxv Up. Terry Mousseaux #t01-This subscriber had a question regarding the status of his account and the billing process. When he contacted Meredith in December, he felt he was treated rudely by the customer service representative. Kathi Donnetty Cohen sent him a letter explaining his account and apologized for the manner in which this was handled. A copy of this letter is enclosed in the agenda packet. Preliminary Report on Best Available Technology to Refurbish the Cable Distribution System. Enclosed in the agenda packet is the preliminary report that was submitted by Meredith in response to our request of November 26, 1996. There was a discussion regarding the review of this report. Reuben noted that the report addressed the distribution, but not necessarily the technical improvements that may be made to the system. It was decided to contact Scott at Meredith Cable and set up a meeting so he can answer questions and further explain the report and plans for the system. Knowing that the system will be sold soon, the commissioners expressed an interest in the direction the industry is headed technically, as plans specific to our system could change with different oxvners. Jean will set up the meeting and notify commissioners of the specifics. D. Other Old Business There was no other old business. TELECOMMUNICATIONS COMMISSION PAGE 2 FEBRUARY 20, 1997 NEW BUSINESS A. Status of Violation of Franchise re: Transfer of Ownership to US West At the January 13, 1997, City Council meeting, the Council found that there had been a violation of our local fi-anchise regarding the transfer of ownership to US West. However, at this meeting they decided to withhold implementing any penalties until further information was available to them. The Council will re-address this issue at the Council Meeting of February 24th, after receiving the Telecommunications recommendations. Due to the fact that US West held the informational forum on February 18, 1997, as requested, and is cooperating with the various cable systems, legal counsel has advised that we recommend adopting a Resolution Withdraxving Without Prejudice Notice of Franchise Violations Pending Federal Communications Commission Action. This Resolution wilt postpone taking any action against US West until the FCC takes action on our appeal. However, the City reserves the right to come back and take action at a later time depending on the FCC's decision. Motion by Ken, seconded by Dermis to approve and recommend the Resolution as presented. All ayes. B. Report Regarding Information Forum with US West Representatives Bob Vose reviewed the reasons this forum was held and how it was related to previously finding US West in Violation of the Franchise. See New Business (A) above. C. US West vs. Redwood Falls Court of Appeals Decision Bob Vose reviewed some of the details of this case with the commission. He stated that two issues were actually addressed by this case. The first is the determination that cities cannot franchise phone companies under the present taw. This ruling was not a total surprise as it clarifies existing language. The second issue that causes alarm is that the court determined that cities do not have the right to control what is put in our fight of ways, or how these items are put there. Redwood Falls attempted to put restrictions on the lines, casings, and location of cables being put in fight of ways. Bob encouraged cities to send letters to legislators stating our support for the fight to control the use of the right of ways by requesting that all entities adhere to certain regulations. Representative Jennings is the chair of the House Regulated Industries and Energy Committee. He has expressed a desire to introduce the bills from both sides of this issue, as well as a compromise bill that he also intends to initiate. Meg requested that the City send a letter to the Representatives and Senators that will hear the legislation being considered on the Right of Way Issue. D. Report/Recommendation of Sub Committee re: Microphones for Council Chambers Jean reviewed the report which was included in the agenda packet. The commission decided not to pursue changing the microphone system at this time, as many of the problems have been solved, and the audio has been good both for live broadcast and on the tapings. Jean also reported that a new character generator xvith Scala programming will be installed next week. This will replace the present Amiga System that we use to create the messages for Channel 16. TELECOMMUNICATIONS COMMISSION FEBRUARY 20, 1997 Eo Go Status of Review of Programming Rates & Equipment Rates It was reported that staff, the Cable Attorney, and a Certified Public Accountant have reviewed the FCC forms 1205 and 1210, submitted by Meredith Cable and have found them in compliance with applicable FCC rules and regulations. Therefore, motion by Meg, seconded by Ken to recommend the City Council adopt the Order approving the proposed rates for programming and equipment as submitted by Meredith Cable Company which went into effect January t, 1997. All ayes. 4th Quarter Franchise Fees Received A copy of the franchise fees for 4th quarter of 1996 were enclosed in the agenda packets for the commissioners to reviexv. Electronic Bulletin Board Jean K. reviewed the information she had received to replace the bulletin board outside city hall with an electronic LED Bulletin Board at a location yet to be determined. The commission members discussed the need for such a board, possible locations, and the cost effectiveness for such an item. Taking these three things into consideration, the commission did not feel this should be pursued. Motion by Dominic, seconded by Reuben to table replacement of the bulletin board indefinitely. All ayes. FYI Notices: Notice of Required Testing-This was included in the agenda packet for the commissioners to review. Notice of Channel Line Up Changes-This was included in the agenda packet for the commissioners to review. I. Subscriber Survey Due to the lack of meetings over the last few months, the subscriber survey that is to be included in the annual report due March 31st was mailed out to subscribers without the commission reviewing the survey. Hoxvever, it is the same form that has been used over the last several years so that the information obtained is comparable from year to year. Dennis requested that the survey be reviewed in the fall, so the lack of meetings does not prohibit the review of the survey. He would like to see a change to questions #3 in the future. He feels that the service subscribed to should be listed out for selection, due to the fact that the names for different service tiers have changed so often over the years. Mike Zmuda stated he would relay this information to Kathi Don_nelly Cohen for future sur~,eys. Other Nexv Business REPORTS A. Report of Commissioners Bo The Commissioners had nothing to report. Report of Meredith Cable Mike reviewed the reports that were enclosed in the agenda packets. TELECOMMUNICATIONS COMMISSION PAGE 4 FEBRUARY 20, 1997 C. Report of the Cable Attorney Bob had nothing further to report. D. Report of the Assistant to the City Manager Linda was not in attendance, therefore there was nothing else to report. Motion by Ken, seconded by Reuben, to adjourn the meeting at 8:55 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary COLUMBIA HEIGHTS CHARTER COMMISSION MEETING FEBRUARY 20, 1997 7:00 P.M. it/00'~ GAUVITTE ROOM, MURZYN HALL CALL TO ORDER The meeting was called to order by Chair Bruce Nawrocki at 7:03 p.m. ROLL CALL Members present: Bill Antzaras, Joel Cason, Ted Landwehr, Janis Larson, John Murzyn, Bruce Nawrocki, Brian Peterson, Theresia Synowczynski, Nan Tilkens, Jamie Verbrugge Members absent and excused: Members absent and unexcused: Gary Olson, Keith Roberts Dick Schmidt Also present: Jim Hoeft, City Attorney; Don Jolly, Councilmember NOTE: Membership stands at thirteen members. Bill Antzaras arrived at approximately 7:20 p.m. APPROVAL OF MINUTES Motion by Nan Tilkens, seconded by Jamie Verbmgge to approve the minutes of January 16, 1997, as presented. Motion passed unanimously. OLD BUSINESS *Status of Amendments to Chapter 5, Initiative, Referendum, and Recall After the January Charter Commission meeting, President Nawrocki sent a letter to the Council. Also a letter was received from the City Manager regarding the thoughts of the Council on this amendment. Tonight, a letter was passed out which was written by Councilmember Ruettimann which spoke to a compromise of 10 % or 800 signatures, whichever is greater. Again, President Nawrocki stated that the Charter Commission is due some kind of response from the Council, whether they agree with the proposed amendment or not. After further discussion, a motion was made by Ted Landwehr, seconded by Nan Tilkens, to send another letter to the Council indicating that after further discussion by the Charter Commission tonight, that the commission still maintains their position, and the commission would appreciate a decision by the council on this matter. Motion passed unanimously. The City Attorney discussed the methods in which an amendment can be originated (i.e, Charter Commission itself, City Council itself, or putting an amendment to a ballot vote). *Abandonment of the Charter There has been no further action regarding Ordinance No. 1328, calling for the abandonment of the charter. Commission members would like to see this item put to closure. Councilmember Jolly stated that he could make a motion to that effect at the next meeting (February 24, 1997). *Discussion of Richfield's Charter Section on Vacancies of the Council l~m Hoeft briefly explained that Richfield's charter pertaining to this section (Vacancies of the Council) tried to define malfeasance. He did not recommend that Columbia Heights try to pursue any additional or different language to that section of our charter. *Membership Status There may be at least two applications on file at the Chief Judge's office of people who are interested in the Charter Commission membership. To date, the Chief Judge has not made any new appointments. NEW BUSINESS *Consideration of Work Plan Items for 1997 Discussion was held on the following items which were discussed last month as priorities for 1997: Should there be term limits for the Mayor and Cotmcilmembers? Agenda packets contained information obtained on the Keefe vs. Minneapolis Term Limits Coalition Minnesota Supreme Court case of 1995. Basically, the Minnesota Supreme Court handed down their decision that term limits are unconstitutional. President Nawrocki mentioned that MoundsView had passed or tried to pass a charter amendment on term limitations. The City Attorney will try to find out what the status of that is. Should written minutes of the work sessions be kept? The League of Minnesota Cities provided copies of the Minnesota Open Meeting Law (included in agenda packets). Basically this law states that only where and when action is taken (i.e., a vote taken) that a written record must be kept. Jamie Verbrugge stated that if the commission felt strongly that minutes should be kept of work sessions, perhaps wording could be added to Chapter 3, Section 17 of our charter. The City Attorney was asked to do further searching on this issue, specifically on Attorney General opinions on the opening meeting law, etc. Motion was made by Jamie Verbrugge, seconded by Janis Larson, that all meetings of the City Council and boards appointed by the Council will have detailed minutes of discussions, motions, and actions, subject to the Minnesota Open Meeting Law, and that the City Attorney should prepare wording in amendment form for consideration at the next Charter Commission meeting. Motion passed unanimously. Should responsibility for control and direction of the Police Department be changed from the Mayor to the City Manager? The League of Minnesota Cities provided copies of the section from Minneapolis City Charter (enclosed in agenda packets) pertaining to Mayoral control of the Police Department for review by commission members. Discussion followed, which covered both the pros and cons of changing the control of the Police Department from the Mayor to the City Manager. Pros to changing control of the Police Department from Mayor to the City Manager: - the Police Department would then be under the control of one professional administrator, the City Manager - it would not be as political having the City Manager be the one with the control - our goal should be to provide the most efficient and professional delivery of services to its citizens 2-20-97 Page 2 - would more clearly define roles and expectations of the Mayor Cons to changing control of the Police Department from Mayor to the City Manager: - why change anything when what we have works? - leaving things as is, if citizens don't like what's going on in the Police Department, they can elect a new Mayor - changing control to the City Manager, if citizens don't like what's going on, they CAN'T get rid of the City Manager, only the Council can. NOTE: Ted Landwehr left the meeting at 8:35 p.m. Motion by Jamie Verbrugge, seconded by Nan Tilkens, to table this issue until the next meeting for further consideration. Motion passed, with one person voting against the motion. Should the length of a term of office for Mayor be discussed? Based upon the previous discussion on term limits, no further discussion or action will be taken on this item. Should city meetings/information be posted in one specific spot at the library? President Nawrocki stated that he recently visited with the Library Director, Becky Loader. She prepared a listing of city items that are available at the Library which will be posted. Since the fear of items being walked off with, they will be maintained behind the desk. The Library Director also had an index of the city charter which was also provided to Charter Commission members in their packets, as well as the listing of items available at the Library. As Ted Landwehr and Keith Roberts were not present at this time, it is unknown if there is an interest for the schools to have a copy of the city charter. NEXT MEETING DATE The next meeting, which will be a special meeting, will be on March 20, 1997, at 7:00 p.m. The next regular meeting will be April 7, 1997, at 7:00 p.m. Motion by Nan Tilkens, seconded by Theresia Synowczynski to adjourn the meeting at 9:22 p.m. unanimously. Motion passed Respectfully submitted, Carole Blowers Recording Secretary 2-20-97 Page 3 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MARCH 5, t997 3 "T~ESE MINUTES NOT APPROVED 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 FEBRUARY 3, 1997 MINUTES Motion by Sturdevant, second by Duda, to approve the minutes of the February 3, 1997 meeting. Roll Call: All ayes. III. OLD BUSINESS Ao PUBLIC HEARING TO DESIGNATE ONE HOUR PARKING ON THE EAST SIDE OF 5TH STREET ADJACENT TO 501 40TH AVENUE, 4001 5TH STREET AND 4005 5TH STREET The Public Hearing was continued from the February meeting. No one was present to voice an objection to the change in parking proposed. Mr. Schticht who owns the properties at 501 40th Avenue, 4001 5th Street and 4005 5th Street feels that changing the 10 minute parking to 1 hour parking will benefit both the tenants and their customers. Motion by Duda, second by Jolly to recommend the City Council designate one hour parking on the east side of 5th Street adjacent to 501 40th Avenue, 4001 5th Street and 4005 5th Street. Roll Call: All ayes. B. REVIEW OF ACCESS FOR SITE AT 4849 CENTRAL AVENUE The proposed P.U.D. at 4849 Central does not involve a change in the location or number of access locations. The removal of the existing parking island on the north side will improve circulation and access. Councilmember Ruettimann asked that the Traffic Commission review the entrance as he feels it is too narrow. Commissioner Jolly indicated that making the entrance any wider than 30'+ could present a hazardous area for pedestrians walking on the sidewalk up the hill. Commissioner Duda suggested the removal of the concrete island and suggested that signage at the entrance/exit would be good because of school traffic along 49th Ave. Official Proceedings Columbia Heights Traffic Commission March 5, 1997 Page 2 IV. Motion by Duda, second by Goodman, to recommend to the City Council that the curb opening be a minimum of 30' and if it need be widened, be widened to no less than 32' and to install a stop sign on the east side of the driveway. Roll Call: All ayes. OTHER OLD BUSINESS None NEW BUSINESS A. SITE PLAN REVIEW FOR AUTOWORLD A gas station and convenience store is proposed on the corner of Central Avenue and Reservoir Boulevard. Access to the site will be from both Central Avenue and Reservoir Boulevard. Across Central and to the north of this site the owners are proposing a vehicle maintenance and repair business. Access to this site is from Central Avenue. The owner is also requesting an opening in the Central Avenue median between the two properties. Access onto Central Avenue and the change in the median will require Mn/DOT approval. The Planning and Zoning Commission has expressed concern with the proposed location of the alley at the site. They want it moved to the north to serve as a buffer to the residential properties. Commissioner Carlson stated that he would not be in favor of a one-way alley. The architect will be making changes before the next P & Z meeting. Motion by Duda, second by Sturdevant, to table the alley issue until the meeting of March 31, 1997. Motion was withdrawn. Motion by Duda, second by Sturdevant, to table the issue concerning the alley for the site on the east side of Central Avenue until more information is given and a revised proposal is submitted on March 31, 1997. Roll Call: All ayes. Motion by Duda, second by Goodman, to approve the island rearrangement as well as the access on and off Central Avenue. Roll Call: Al1 ayes. Official Proceedings Columbia Heights Traffic Commission March 5, 1997 Page 3 VI. OTHER NEW BUSINESS Ao A REQUEST TO RESTRICT DELIVERY TRUCKS FROM BLOCKING ALLEYS. Ms. Ballentine of 5230 4th St. N.E. was present as well as Scott Turner of Galaxy Auto Center. Galaxy Auto has four different services using the alley. These services are for garbage, waste oil, oil delivery and tire disposal. Deliveries or pick-ups are usually only 15 minutes in length. Ms. Ballentine's complaint is that she cannot get into her driveway when these trucks are blocking the alley. She indicated that the City's Liquor Store delivery trucks are sometimes parked for up to two hours. She suggested that these deliveries be made to the side of the store rather than in the alley. Police Chief Johnson stated that the police have responded to complaints of vehicles unloading at the City Liquor Store and blocking the alley. The problem appears to be a conflict in the ordinance that has two different interpretations; 7.205 (3) states that there is to be no alley parking and 7.205 (9) states that commercial vehicles shall not be permitted to park or stand longer than 24 hours, except for the purpose of loading or unloading. There is no time limit spelled out in the ordinance. Commissioner Duda suggested that a letter be sent to the Liquor Store Manager. Commissioner Jolly indicated that the City Manager should resolve this issue as he supervises the Liquor Store Manager. Motion by Duda, second by Goodman to direct the City Manager to resolve the issue of the Liquor Store delivery trucks blocking the alley. Roll Call: All ayes. The Commission members requested that a copy of any correspondence by the City Manager be given to them. Galaxy Auto will also remind their delivery trucks to be courteous and be careful not to block the alley. Police Chief Johnson will issue Ms. Ballentine a permit to park in front of her house between now and the time this issue is resolved. Official Proceedings Columbia Heights Traffic Commission March 5, 1997 Page 4 VII. VIII. Motion by Duda, second by Jolly, to request that the City Council add the terminology "except for the purpose of loading or unloading" to Ordinance 7.205 (3). Roll Call: All ayes. REPORTS A. CITY ENGINEER PROPOSED TRAFFIC LANE MODIFICATIONS ON 40TH AVENUE AT CENTRAL AVENUE. Staff indicated that Mn/DOT has reviewed the intersection and they are not proposing to restrict parking on the north side of 40th Avenue. 2. REQUEST FOR HANDICAP PARKING SIGN Ms. Karen Linge has requested a handicap parking sign at 4351 6th St. The handicap permit number was provided. Motion by Carlson, second by Duda, to install a handicap parking sign at 4351 6th Street. Roll Call: All ayes. 3.. APRIL MEETING The April Traffic Commission Meeting will be held on Monday, March 31, 1997 at 7:00 P.M. B. POLICE CHIEF C. COMMISSIONERS ADJOURNMENT Motion by Goodman, second by Sturdevant, to adjourn the meeting at 8:50 P.M. Roll Call: Ali ayes. Respectfully subm, ktcxk-x Traffic Commission Secretary CITY COUNCIL LETTER Meeting of March 10, 1997 AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER Relief Association Fire APPROVAL NO: ITEM: Recommendation for Relief Association BY: Charles Kewatt BY: ~//.~ ~ ~/~2 M6mbership DATE: Feb 27, t997 DATE: NO: Columbia Heights Fire Department Volunteer Relief Association Board of Trustees This is to advise that the following person has successfully completed the minimum performance qualifications required for appointment to the Volunteer Division. He has been appointed to the Fire Department as a probationary Volunteer Firefighter effective March 1, 1997. Mark O. Seaton Pursuant to Minnesota Statutes, he is now eligible for membership in the Columbia Heights Fire Department Volunteer Division Relief Association, effective the date of appointment. RECOMMENDED MOTION: Moved to have the Fire Department Volunteer Relief Association Board of Trustees take official action to accept Mark O. Seaton as a member of the Association effective March 1, 1997. 97-24 cc: Volunteer Relief Assn Secretary COUNCIL ACTION: OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION NOVEMBER 12, 1996 1. CALL.TO ORDER The Board of Trustees Meeting was called to order by Mayor Sturdevant at 8:25 p.m. 2. Jones, Jolly, Ruettimann, Peterson and Sturdevant - present 3. APPROVAL OF MINUTES OF J~NUARY 22~ ~9~6 Motion by Peterson, second by Ruettimann to approve the minutes of the January 22, 1996 Board of Trustees Meeting as presented. Roll call: All ayes 4. ~SOLUTION NO, 96-74 B$ING A RESOLUTION APPROVING AMENDMENT OF THE BY-LAWS OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION. VOLUNTEER DIVISION Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes R~SOLUTION NO. 9~-74 BEING A RESOLUTION AMENDING THE BY-LAWS OF THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION BE IT RESOLVED by the Board of Heights Fire Department Relief Division, that: Trustees of the Columbia Association, Volunteer The By-Laws of the Columbia Heights Fire Department 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: BOARD OF TRUSTEES MEETING NOVEMBER 12, 1996 PAGE 2 Retired Firefighter AGe Robert Davidson 56 Ronald Chan 57 Mitch DeMars 69 Richard Gill 64 Donald Jolly 59 Joe Matlon 73 Roy Meinhardt 63 Lawrence Nelson 69 Ralph Volkman 63 Monthly Benefit '$368.00 $357.00 $320.00 $284.00 $287.00 $279.00 $279.00 $279.00 $279.00 Lump-Sum Buyout $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 TOTAL $412,000.00 Section 2. EFFECTIVE DATE. The benefits set forth in this Article lX 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 of the By-Laws which may be inconsistent with it. Passed this 12th day of November, 1996. Offered by: Seconded by: Roll call: Peterson Ruettimann Jones, Ruettimann, Peterson, Sturdevant - aye Jolly - abstain Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Board of Trustees Meeting at 8:27 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary