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HomeMy WebLinkAboutMarch 24, 1997 RegularCITY OF COLUMBIA HEIGHTS 590 40Th AVENUE N,E., COLUMBIA HEIghtS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION March 19, 1997 Mayor Joseph Sturdevan¢ Donald G. Meg Jones Gar). I~ Peterson Robert gE Ruetthnann ~'alter 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 24, 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 ALLEGIANCF 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 approve the minutes of the March 10, 1997 Regular Council Meeting. 2) SACCC Joint Powers Agreement Renewal - Resolution No. 97-28 MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-28 being a resolution extending the term of the Southern Anoka County Community Consortium Joint Powers Agreement. THE CITY OF' COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISAB[LITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNitY EMPLOYER ADMINISTRATiON March 19, 1997 Agayor Joseph Sturdevant Councffmembers Donald G. Jolly Meg Jones Gary IL Peterson Robe~ ~ ~e~t~n ~Valter R. Fehst The following, is the agenda for the regular meeting of the City Council to be held at 7:00 PM on MonCay, March 24, 1997 in the City Council Chambers, City Hall, 590 40th Avenue N.E.I 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 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.) Move to adopt the consent agenda items as listed below: 1) AdOpt Council Minutes MOTION: Move to approve the minutes of the March 10, 1997 Regular Council Meetin~g. 2) SACCC Joint Powers Agreement Renewal - Resolution No. 97-28 MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-28 being a resolution extending the term of the Southern Anoka County Community Consortium ,Joint Powers Agreement. CITY COUNCIL MEETING MARCH 24, '1997 PAGE 2 3) Authorization to Purchase Emergency Pre-Emption Devices MOTION: Move to authorize the purchase of 19 Tomar pre-emption units with cables (5 for the Fire Department and 14 for the Police Department) from Rescue 1 Supplies at a cost of $6,460.00 plus tax and 19 each Federal MS1-Fd mirror/dash mount strobe lamps (5 for the Fire Department and 14 for the Police Department) from Uniforms Unlimited at a cost of $1,624.50 plus tax, funding to come from the Capital Equipment Fund. 4) Fluorescent Bulb Collection - May 17, 1997 MOTION: Move to authorize Mayor and City Manager to enter into a contract with NSP for the collection of spent fluorescent bulbs from residential and small businesses in Columbia Heights and surrounding communities served by NSP. Expenses related to this collection will be reimbursed by Northern States Power Company. 5) Approval of License Applications MOTION: Move to approve the license applications as listed. 6) Payment of the Bills MOTION: Move to approve payment of the bills as listed out of proper funds. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS 6. PUBLIC HEARINGS A. Second Reading of Ordinance No. 1328 Being an Ordinance Calling for the Abandonment of the Columbia Heights City Charter MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to Adopt Ordinance No. 1328 Being an Ordinance Calling for the Abandonment of the Columbia Heights City Charter. CITY COUNCIL MEETING MARCH 24, 1997 PAGE 3 7. ITEMS FOR CONSIDERATION A. Ms. Liz Bray - Central Middle School Youth Program - Security Charges B. Bid Considerations 1) Award of Plant Mixed Bituminous Materials MOTION: Move to award the bid and to authorize the Mayor and City Manager to enter into an agreement to purchase the 1997 plant mixed bituminous materials based upon Iow, formal bids received at the unit prices and from the vendors as follows: MATERIALS AC Fine Sand Mix 3/8 AC Fine Max Agg. 2331 Type 31B Base 2331 Type 41B Binder 2331 Type 41B Wear 2331 Type 41A Wear Winter Mix COMPANY Bituminous Roadways Midwest Asphalt Bituminous Roadways Midwest Asphalt Bituminous Roadways Midwest Asphalt Bituminous Roadways Midwest Asphalt Bituminous Roadways Midwest Asphalt Bituminous Roadways Midwest Asphalt Midwest Asphalt Midwest Asphalt $27.50 $20.35 $27.50 $20.35 $25.50 $19.25 $25.50 $19.50 $27.00 $2o.oo $27.00 $2o.5o $55.oo $5o.oo UNIT PRICE per ton - delivered per ton - ~icked up per ton - delivered per ton - ~icked up per ton - delivered per ton - ~icked up per ton - delivered per ton - ~icked up per ton - delivered per ton - ~icked up per ton per ton per ton per ton - delivered - 3icked up - delivered - picked up DISPOSAL OF CONCRETE/ASPHALT RUBBLE MATERIALS Bituminous Concrete with Steel COMPANY Midwest Asphalt Midwest Asphalt Midwest Asphalt UNIT PRICE $5.00 per ton picked up by Company No charge - delivered by City forces $10.00 per ton - picked up by Co. CITY COUNCIL MEETING MARCH 24, 1997 PAGE 4 Concrete Without Steel Midwest Asphalt Midwest Asphalt Midwest Asphalt $ 4.50 per ton - delivered by City forces $10.00 per ton - picked up by Co No charge - delivered by City 2) Award of 1997 Street and Parking Lane Striping Project MOTION: Move to award the 1997 street and parking lane striping project to AAA Striping Service Company of Rogers, Minnesota, based upon their Iow, qualified, responsible bid in the amount of $4,970.66 with $4,412.41 to be appropriated from Fund 212-43190-4000 and $558.25 to be appropriated from Fund 101-43170- 4000; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 3) Award of Road Aggregates MOTION: Move to award the bid for and authorize the Mayor and City Manager to enter into an agreement to purchase road aggregate materials for the 1997 season based upon Iow, formal bids received, at the unit prices and from the vendors as follows: MATERIALS COMPANY UNIT PRICE Bid A- FA-3 Aggregate Bid B - FA-2 Aggregate Bid C - Sanding Sand Bid D - Class 2 Aggreg. Bid E - Class 5 Aggreg. Bid F - Alt. Class 5 Agg. Bid G - Select Gran. Borrow Bid H - Crushed Rock Midwest Asphalt $14.50 Midwest Asphalt $12.95 J.L. Shiely $10.67 J.L. Shiely $ 8.27 Barton Sand & Gravel $ 5.50 J.L. Shiety $ 5.47 Bryan Rock $ 8.22 Barton Sand & Gravel $t2.95 J.L. Shiely $ 6.49 J.L. Shiely $ 5.12 Barton Sand & Gravel J.L. Shiely $ 6.45 $ 4.35 per ton - del. per ton - picked up per ton - del. per ton - picked up per ton - del. per ton - picked up per ton - del. per ton - picked up per ton - del. per ton - picked up per ton - del. per ton - picked up Barton Sand & Gravel $ 5.20 per ton - del. J.L. Shiely $ 3.07 per ton - picked up Bryan Rock $ 8.67 per ton - del. J.L. Shiely $ 8.77 per ton - picked up C. Other Business 1) Addendum #2 - Traffic Signal Improvement Consultant Contract CITY COUNCIL MEETING MARCH 24, 1997 PAGE 5 MOTION: Move to approve Addendum #2 to the Consulting Engineering Services with BRW for installation of EVP, a traffic signal at 39th and Stinson and signal improvements on Central Avenue in the amount of $28,745.35. 2) Hardwired Microphones for Council Chambers MOTION: Move to authorize the Mayor and City Manager to award Alpha Video the purchase and installation of 11 hardwired microphones for the Council Chambers with monies from Fund 225-49844-3105 in the amount of $4,997.00 MOTION: Move to authorize the Mayor and City Manager to award Alpha Video the purchase and installation of 9 hardwired microphones for the Council Chambers with monies from Fund 225-49844-3105 in the amount of $4,502.00. 3) Proposed Hwy#10 Multimodal Corridor Development Project & Resolution No. 97-29 MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-29 Being a Resolution Regarding TH10 Multi-Modal Transportation Corridor Development 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS Ao Minutes of Board and Commission Meetings 1) March 14, 1997 Library Board of Trustees 2) March 4, 1997 Planning and Zoning Commission 3) February 12, 1997 Economic Development Authority 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.) CITY COUNCIL MEETING MARCH 24, '1997 PAGE 6 EXECUTIVE SESSION MOTION: Move to recess the regular Council Meeting of March 24, 1997 and to move to an Executive Session for the purpose of discussing litigation regarding Lynde Investments and that Jo-Anne Student be appointed to keep a written record of same. RECONVENE REGULAR COUNCIL MEETING MOTION: Move to reconvene the regularly scheduled meeting of the Columbia Heights City Council on March 24, 1997 having been in Executive Session to discuss litigation with a written record being kept by Jo-Anne Student. 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter R. Fehst, City Manager AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, MARCH 24, 1997 7:00 PM CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE Auxiliary aids for handicapped persons are available upon request ;;,hen the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the previous portion of agenda, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and 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 March t0, 1997 Council Meeting Minutes 2) Res. No. 97-28 Extending Term of Joint Powers Agmt. with SACCC 3) Authorization to Purchase Emergency Pre-Emption Devices 4) Fluorescent Bulb Collection- May 17, 1997 5) Approval of License Applications 6) Payment of Bills 5. RECOGNITION, PROCLAiMATIONS~ PRESENTATIONS, GUESTS 6. PUBLIC HEARINGS A. 2nd Rdg. Ord. 1328 Abandonment of City Charter 7. ITEMS FOR CONSIDERATION A. Ms. L/z Bray - Youth Program - Security Charges B. Bid Considerations 1) Award of Plant Mixed Bituminous Materials 2) Award of 1997 Street & Par'king Lane Striping Project 3) Award of Road Aggregates C. Other Business 1) Addendum #2 - Traffic Signal Improvement Consultant Contract - 39tk/Stinson Blvd. 2) Hardwired Microphones for Council Chambers 3) Res. No. 97-29 Regarding TH10 Multi-Modal Transportation Corridor Development 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) March 14, t997 Library Board 2) March 4, 1997 Planning & Zoning Commission 3) February 12, 1997 Economic Development Authority 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENq)A EXECUTIVE SESSION Recess Council Meeting to an Executive Session to discuss litigation - Lynde Investment RECONVENE REGULAR COUNCIL MEETING 11. ADJOURNMENT Walter R. Fehst, City Manager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH !0, 1997 CALL TO ORDER/ROLL CALL Mayor Sturdevant 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 ADDITIONS/DELETIONS TO THE MEETING AGENDA There were no additions nor deletions to the meeting agenda. CONSENT AGENDA Consent agenda items are considered to be routine by the City Council and are enacted as part of a consent agenda by one motion. The following three items were removed from the consent agenda: Final PUD Final Plan Review, TVI, Inc., Award of Bid 1997/1998 Tree Replanting Program and Advertising at Top Va!u. Motion by Ruettimann, second by Jones to approve the following items on the consent agenda: Adopt Council Minutes The Council adopted 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. Conditional Use Permit - Ace Hardware, 2261 37th Avenue The Council approved the conditional use permit for 2261 37th Avenue 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 License/Permit Clerk prior to installation. Accept Report of Telecommunications Commission on Electronic Bulletin Board The Council accepted the report of the Telecommunications Commission regarding an electronic bulletin board. REGULAR COIINCIL MEETING MARCH 10, 1997 PAGE 2 MHFA First Time Homebuyer Minnesota City ParticiDation Proqram (MCPP) The Council awarded 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 authorized the Mayor and City Manager to enter into the Program Application - Commitment Agreement for the same. DesiGnation of One Hour Parking on the East Side of 5th Street and 40th Avenue The Council approved the designation of "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. Approval of License ADplicatiom~ The Council approved the license applications as listed. Payment of the Bills The Council approved the payment of the bills as listed out of proper funds. Roll call on consent agenda: Ail ayes Final PUD Final Plan Review, TVI, Inc. Councilmember Ruettimann had requested this item be removed from the consent agenda. His concern dealt with the entrance way on 49th Avenue. It was observed this issue is similar to the one addressed in the Items for Consideration, Other Business section of the agenda. It was felt it would be appropriate to discuss this agenda item at the same time as the other one is considered. Motion by Ruettimann, second by Peterson to table this item until later in the meeting. Roll call: All ayes Award of Bid - 1997-1998 Tree ReDlantinq ProGram This item was removed by the Mayor. He requested information be given to him regarding the bid specifications and the bids received. The Public Works Director stated he will provide this information to all members of the Council. REGLrLAR COUNCIL MEETING MARCH !0, 1997 PAGE 3 Motion by Sturdevant, second by Jolly 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. Roll call: All ayes Advertising at ToD Valu This item was removed by the Mayor. He wanted to know the frequency with which these advertisements will be run. Staff advised they will be aired thirteen times per week for eight weeks. Motion by Sturdevant, second by Ruettimann to authorize the Mayor and City Manger to enter into an agreement with Cities 97 for advertisements of liquor store merchandise and hours at a cost of $705 per week, being aired thirteen times each week for eight weeks. Roll call: Ail ayes PRESENTATIONS, PROCLAMATIONS, GUESTS Carolyn Iverson, a Volunteer Coordinator for the Anoka County Human Services Department, was present to advise the Council of a new project. This project focuses on home visits for new parents. A large number of agencies are participating in the project. The purpose is to provide support, parenting aids, relief for parents with a chronically ill child, role modeling and problem solving. There is training for interested volunteers. For additional information or to volunteer, a person is welcome to call 422- 7089. 6. PUBLIC HEARINGS Second Readinq of Ordinance No. 1340 Being an Ordinance Pertaining to Zoninq Amendments Staff advised that the public hearing held by the Planning and Zoning Commission regarding Ordinance No. 1340 was continued to the Commission's April 1st meeting. The Zoning Coordinator reviewed what is being proposed regarding these zoning amendments by the Conoco station owners and by the City. REGULAR COUNCIL MEETING MARCH.10, 1997 PAGE 4 An area resident expressed her concerns and those of her neighbors regarding this project. She stated they feel the expansion of the service station to include a 24 hour restaurant will affect the property values of horaes in the neighborhood, will increase traffic and noise, and will generally attract people who are undesirable. Councilmember Peterson explained there are two separate issues on the agenda regarding this expansion. The issue under discussion at this point in time is only addressing the number of bays allowed at the site proposed for the west side of Central Avenue. Discussion continued regarding how this zoning amendment may affect the entire city if it were applied elsewhere. Councilmember Ruettimann observed that this type of business could expand anywhere in the City if an owner had enough land. He noted that the Council has seen no map which would indicate at what locations this type of expansion could take place. His concern is for the potential to have this happen at other locations. Staff suggested there is a map available which would respond to his concerns. Motion by Peterson, second by Jolly to table this item until later in the meeting. Roll call: All ayes B. Public Hearing to Conduct a PreliminarV Review of Rezoninq Request by Owners of Conoco at 3701 Central Avenu~ Councilmember Peterson advised that the Council cannot vote on this matter at this meeting. Staff explained that the public hearing notice had appeared in the official newspaper and this is the only reason this item is on the agenda of tonight's meeting. At the time the public hearing notice was authorized for publication it was felt the Planning and Zoning Commission would be making a recommendation at its meeting. The Commission did not make a recommendation therefore, the Council can make no approvals at this public hearing. Staff's recommendation is to recess the public hearing to a date certain. Discussion continued with area property owners, Conoco owners, staff and members of the Council regarding the ?ezoning request. The properties that the Conoco owners want rezoned were reviewed. A spokesperson for the neighborhood felt the suggestion of Councilmember Peterson to hold a community meeting between interested parties and the service station owners had merit. REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 5 She indicated a willingness to pursue establishing a date and location convenient for all involved. It was noted that no property owners from the west side of Central Avenue were in attendance nor had any calls been received from them regarding this matter. Councilmember Jolly suggested that increasing expansion of the project on the west side of Central Avenue should be considered in that it may not affect property owners as much as the proposed expansion on the east side of Central Avenue. Motion by Peterson, second by Jones to recess the public hearing and schedule the hearing to be reconvened on Monday, April 14, 1997. Roll call: Ail ayes Second Readinq of Ordinance No. 1340 Beinq an Ordinance Pertaininq to Zoning Amendments (reconsideration from earlier in the Council Hooting) The EDA Director displayed a zoning map which reflected that the total area of property zoned RB is 4.4% of the City. He explained the controls which are in place for Council use regarding rezoning. Motion by Ruettimann, second by Peterson to table this item until the April 14, 1997 Council Meeting which will allow staff time to research the matter further and allow time for staff to develop information for presentation at the Council's next work session on March 17, 1997 and to direct EPA staff to request the sixty day extension. Roll call: Ail ayes C. Public Hearing to Consider Opinion ReGardinG Suspension of Rental Licenses - Lynde Investment Properties The City Manager referred to the work session held on March 4th with the City Council and owners/representatives of Lynde Investments. He referred to legislation which allows cities to inspect rental units. He also noted that legal counsel for Lynde Investments, John Tackett, was sent a copy of a letter intended to be sent to tenants notifying them of a need to inspect. He also stated that the City intends to pursue a remedy from the courts to gain access for inspections if necessary. Lynde Investment's legal counsel had been requested to bring a copy of tenant names, addresses and unit numbers for the City's Inspector. REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 6 Tackett responded he has the tenant list but has some issues he wants resolved before he surrenders the list to the City. He referenced some of his concerns which included the City's omission in its letter relative to a tenant's right to deny access and the tenant's absence during an inspection and who on the City staff would be contacted if there were any tenant issues. The City Attorney noted he had previously advised Tackett on all of these concerns. After much discussion regarding Lynde Investment's position on various matters relative to its relationship with its tenants, Tackett stated he will be contacting the tenants advising them to deny access for inspections by the City. The City Manager recommended that the Council direct staff to send notices to individual tenants. He read the following motion prepared by the City Attorney regarding the language of the notices: Motion to direct staff to obtain names and addresses of tenants from Lynde Investments and proceed to forward to tenants a notification for inspection of their unit. If entry into a unit is denied, then staff is authorized to seek any and all administrative remedies which may be available, including but not necessarily limited to, administrative search warrants. The City Manager requested increased fees be charged for the extra expense. A former tenant and current Columbia Heights resident viewed this direction as special treatment for this landlord. The City Attorney noted that the City would not necessarily send these notices. If the landlord chooses not to cooperate, then this procedure would be used. The City Attorney observed that the aforementioned procedure does not eliminate Lynde Investment's question regarding the constitutionality of the Housing Maintenance Ordinance. Motion by Jones, second by Jolly to close the public hearing for the following twelve addresses. Roll call: All ayes Motion to waive the reading of the following twelve resolutions there being ample copies available for the public by Jones, second by Jolly. Roll call: All ayes RESOLUTION NO. 97-27 REGULAR COUNCIL MEETING MARCH~10, 1997 PAGE 7 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(i) OF THAT CERTAIN RESIDENTIAL LICENCE HELD BY LYNDE INI/ESTMENTS, (HEREINAFTER "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(t) (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 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 on 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: A. FAILLrRE TO ALLOWANNUAL INSPECTION OF ALL RENTALUNITS 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(i) (d). REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 8 CONCLUSIONS OF THE 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 of 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. That the rental license belonging to the License Holder described herein and identified by license number F-1698-96 is hereby revoked/suspended (cross one out); 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 first day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 b 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 LICENCE HELD BY LYAIDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). REGULAR COUNCIL MEETING MARCH !0, 1997 PAGE 9 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, 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 !. That on NUMEROUS DATES DURING 1996, Lowell DoMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE INVESTMENTS requesting that the building located there on 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 on 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: A. FAILURE 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(!) (d). CONCLUSIONS OF THE 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: REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE i0 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 of 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. That the rental license belonging to the License Holder described herein and identified by license number F-1697-96 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventinq occupancy a copy of this order on the buildings covered by ~he license held by License Holder. 3. Ail 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 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay ATTEST: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 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 LICENCE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4100 4TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND REGULAR COUNCIL MEETING MARCH i0, 1997 PAGE 1! WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(t) (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: FIN-DINGS OF FACT !. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices te LYNDE INVESTMENTS requesting that the building located there on 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 iNVESTHENTS, 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 on said information presented by the Enforcement Officer, the following conditions and violations of the City's Housing Haintenance Code and Licensing Rental Units were found to exist, to-wit: A. FAILURE TO ALLOW ANNIIAL 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 THE COUNCIl, !. 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 of suspension of the license held by License Holder. REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 12 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. That the rental license belonging to the License Holder described herein and identified by license number F-1696-96 is hereby revoked/suspended (cross one out); 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 first day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 d 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 LICENCE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL 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.' REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE !i 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 !. That on NUMEROUS DATES DURING 1996, Lowell DoMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE INVESTMENTS requesting that the building located there on 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 on 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: A. FAILURE TO ALLOW ANrNIIAL INSPECTION OF ALL RENTAL UNiTS LOCATED AT 4100 4TH STREET 4. That all parties, including the License Holder and any occupants er tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(!) and 5A.303(1) (d) . CONCLUSIONS OF THE 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 of suspension of the license held by License Holder. REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 12 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. That the rental license belonging to the License Holder described herein and identified by license number F-1696-96 is hereby revoked/suspended (cross one out); 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 first day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 d 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 LICENCE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL 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.' REGULAR COI/NCIL MEETING MARCH i0, 1997 PAGE 13 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 !. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE INVESTMENTS requesting that the building located there on 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, LYI~DE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based on 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: A. FAILURE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS LOCATED AT 4120 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 SA.306(i) and SA.303(1) (d). CONCLUSIONS OF THE COUNCIt, t. 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 of 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. REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 14 ORDER OF COUNCIL 1. That the rental license belonging to the License Holder described herein and identified by license number F-1695-96 is hereby revoked/suspended (cross one out); 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 first day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay ATTEST: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 e 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 LICENCE HELD 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 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: REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 15 FINDINGS OF FACT !. That on NUMEROUS DATES DURING 1996, Lowell DoMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE INVESTMENTS requesting that the building located there on 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 on 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: A. FAILURE 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(!) (d). CONCLUSIONS OF THE COUNCIL !. 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 of 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 t. That the rental license belonging to the License Holder described herein and identified by license number F-1845-96 is hereby revoked/suspended (cross one out); REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 16 2. The City Shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by ~he license held by License Holder. 3. Ail 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 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 f 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 LICENCE 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: REGULAR COUNCIL MEETING MARCH !0, 1997 PAGE 17 FINDINGS OF FACT !. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE INVESTMENTS requesting that the building located there on at 4433 University Avenue, within the City of Columbia Heights, Hinnesota, 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, LYN!DE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based on 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: A. FAILURE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UN!TS LOCATED AT 4433 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 THE 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 of 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. That the rental license belonging to the License Holder described herein and identified by license number F-1844-96 is hereby revoked/suspended (cross one out); REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 18 2. The City shall post for the purpose of preventinq occupancy -a copy of this order on the buildings covered by [he license held by License Holder. 3. Ail 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 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 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 LICENCE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE 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), 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: REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 19 FINDINGS OF FACT !. That on NI/MEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE INVESTMENTS requesting that the building located there on 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 on 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: A. FAILURE TO ALLOW ANINUAL INSPECTION OF ALL RENTAL UN!TS LOCATED AT 4441 UNIVERSITY AVENUE. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate netice of this hearing according to the provisions of the City Code Section 5A.306(!) and 5A.303(I) (d) . CONCLUSIONS OF THE COUNCIl, i. 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 hearing, and any other hearings relevant to the revocation of 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, !. That the rental license belonging to the License Holder described herein and identified by license number F-1843-96 is hereby revoked/suspended (cross one out); REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 20 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 first day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 h 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 LICENCE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "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), 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: REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 21 FINDINGS OF FACT !. That on NUMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE INVESTMENTS requesting that the building located there on 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 on 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: A. FAILURE TO ALLOW A_NNUAL 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 THE 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 of 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 !. That the rental license belonging to the License Holder described herein and identified by license number F-1901-96 is hereby revoked/suspended (cross one out); REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 22 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 first day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 i 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 LICENCE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "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), 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: REGULAR COUNCIL MEETING ~RCH i0, 1997 PAGE 23 FINDINGS OF FACT !. That on NUMEROUS DATES DURING 1996,` Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE I~VESTMENTS requesting that the building located there on 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 on 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: A. FAILURE TO ALLOW ANNtIAL 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 ef this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(!) (d). CONCLUSIONS OF THE 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 of 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 !. That the rental license belonging to the License Holder described herein and identified by license number P-!900-96 is hereby revoked/suspended (cross one out); REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 24 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 first day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 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 LICENCE HELD 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), 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: REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 25 FINDINGS OF FACT 1. That on NnJHEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE INVESTHENTS requesting that the building located there on at 5121 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 on 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: A. FAILURE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UN!TS 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 THE COUNCIl, i. 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 of 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. That the rental license belonging to the License Holder described herein and identified by license number F-1899-96 is hereby revoked/suspended (cross one out); REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 26 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 first day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 k 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 LICENCE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5131 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1) (A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON 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: REGULAR COI/NCIL MEETING MARCH !0, 1997 PAGE 27 FINDINGS OF FACT !. That on NIFMEROUS DATES DURING 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE INVESTMENTS requesting that the building located there on at S131 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, !997, LYNDE INVESTMENTS has refused to schedule the required annual inspection of the rental units. 3. Based on 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: A. FAILURE TO ALLOW AiXINrJAL 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 THE COIINCIL 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 of 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. That the rental license belonging to the License Holder described herein and identified by licens& number F-!898-96 is hereby revoked/suspended (cross one out); REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 28 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 first day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary RESOLUTION NO. 97-27 1 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 LICENCE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "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), 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: REGULAR COUNCIL MEETING MARCH !0, 1997 PAGE 29 FINDINGS OF FACT i. That on NIIMEROUS DATES DURING 1996, Lowell DoMars, Enforcement Officer, for the City of Columbia Heights, mailed inspection notices to LYNDE INVESTMENTS requesting that the building located there on at 5141 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 on 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: A. FAILURE 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 ef this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1) (d) . CONCLUSIONS OF THE COUNCIl, !. 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 hearing, and any other hearings relevant to the revocation of 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 !. That the rental license belonging to the License Holder described herein and identified by license number F-1897-96 is hereby revoked/suspended (cross one out); REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 30 .2. The City shall post for the purpose of preventing occupancy ~ 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 first day of posting of this Order revoking the license as held by License Holder. Passed this 10th day of March, 1997. Motion by: Seconded by: Roll call: Jones Sturdevant Jones, Ruettimann, Sturdevant - aye Jolly, Peterson - nay Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary ITEMS FOR CONSIDERATION A. Other ResolutiOns/Ordinances There were no other resolutions nor ordinances. B. Bid Considerations There were no bid considerations. C. Other Business 1. Authorize Staff to ApD1¥ for DNR C.O.R.E. Fundinq The Mayor inquired if~St. Anthony residents will be paying a larger share of the costs associated with this project. He was advised that equal shares had been discussed. Councilmember Jolly noted that there may be some liability associated with this project. The Public Works Director agreed. He also advised that the aerator will be installed and will operate only during the winter months. The DNR will inform the City when the aerator should be turned on. Councilmember Jolly also inquired if the Rice Creek Watershed District will have any involvement in this project. The Public Works Director responded they want to be kept informed but are not interested in becoming involved with the funding. REGULAR COUNCIL MEETING MARCH !0, 1997 PAGE 31 The Mayor inquired if any thought has been given to contacting members of the Silver Lake Homeowners Association regarding funding. The Public Works Director stated there would have to be a public hearing to discuss this. Motion by Jolly, second by Peterson 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. Roll call: Ail ayes 2. Establish Council Work Sessions The Council established a Council work session for Monday, April 7, 1997 following the Board of Review and Monday, April 21, 1997 at 7:00 p.m. There was some discussion regarding a joint meeting of the City Council and the Charter Commission on March 20, 1997. 3. Authorization to Seek ProDosals for Pool Consultinq Services The Public Works Director advised the Council that three of the City's wading pools are not in compliance with current Health Department standards. Some actions were taken by staff last year which served as interim improvements so the pools could be used. Staff proposed other improvements which need to be made to bring these pools into total compliance. Costs associated with these improvements were very high. It was felt that a consultant's services should be employed to address the issues and suggest alternatives. Discussion continued regarding other options and the experience of other municipalities with this type of situation. Motion by Peterson, second by Jones to authorize staff to seek proposals for consulting services on pool improvements based on a recommendation of the Park and Recreation Commission. Roll call: Ail ayes REGULAR COUNCIL MEETING MARCH 10, 1997 PAGE 32 4. PUD Final Plan Review, TVI, Inc., 4849 Central Avenue Councilmember Ruettimann inquired if anyone had measured the curb cut exiting onto 49th Avenue. Councilmember Jolly stated it had been measured today and was 32 feet'wide. There was concurrence from the Traffic Commission and the Public Works Director that this was wide enough. Motion by Peterson, second by Sturdevant to approve the PUD Final Plan as presented. This motion was withdrawn until the next issue was addressed. 5. Access Site at 4849 Central Avenue Motion by Peterson, second by Sturdevant to recommend the curb opening be a minimum of 30' and if it needs to 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 the recommendation of the Traffic Commission. Councilmember Ruettimann inquired if this becomes a problem, can the direction be done later and the 49th Avenue opening be an entrance only and the drive be an exit onto Central Avenue. The Public Works Director responded this could be a condition. Roll call: All ayes 6. Final PUD Plan Review, TVI, Inc., 4849 Central Avenue Motion by Peterson, second by Ruettimann 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. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. ReDort of the City ManaGer The City Manager explained that the work session summary sheets will serve as updates on issues being addressed. These will be distributed on a monthly basis. He requested members of the Council to advise him of any additional items they may want added. The Administrative Summary sheets have been copied to all division heads and other staff who are responsible for some actions noted in the sheets. These will also be copied to members of the Council. REGULAR COUNCIL MEETING MARCH !0, 1997 PAGE 33 o !0. B. Report of the City Attorney The City Attorney had nothing to report at this time. GENERAL COUNCIL COMMUNICATIONS Minutes of the following board and commission meetings were included in the agenda packet: February 20, 1997 Telecommunications Commission February 20, 1997 Charter Commission March 5, 1997 Traffic Commissien The Council was advised there will be a vacancy on the Traffic Commission effective April 1, 1997 due to Dan Duda moving from the community. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA The resident at 4200 Third Street came to the meeting to express her concern regarding the health problem being experienced by one of the City employees. She indicated her willingness to participate in anything which may be done for him. 1i. ADJOURNMENT Motion by Ruettimann, second by Jolly to adjourn the meeting at 10:18 p.m. Roll call: Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COU!~CIL LETTER Meeting of: March 24, 1997 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPA/~TMENT: CITY MANAGER'S NO: 4 City Manager APPROVAL ITEM: Approve Resolution No. 97-28 Extending BY: W. Pabst BY: the Joint Powers Agmt. with SACCC 4-A-2 DATE: 3-19-97 DAT This item was inital!y brought to the Council at the February 24, 1997 Council Meeting. At that meeting it was determined the matter recfaired more discussion. It was tabled to a Council work session. This matter was discussed at the March 17, 1997 Council work session and a presentation was made regarding it by Tim Yantos, A_noka County Deputy Administrator. Staff was directed to draft a resolution supporting the extension of the Joint Powers Agreement and to place it on the agenda of the March 24, 1997 Council Meeting agenda. MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-28 being a resolution extending the term of the Southern A2~oka County Community Consortium Joint Powers Agreement. COUiqCIL ACTION: RESOLUTION NO. 97-28 BEING A RESOLUTION EXTENDING THE TERM OF THE SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, in June of 1995, a Joint Powers Agreement established the Southern Anoka County Community Consortium consisting ef Anoka County, the Cities of Columbia Heights, Prid!ey and Hilltop and Independent School Districts ~13 and ~14; and, WHEREAS, the general purpose of this Joint Powers Agreement is to allow each party to jointly and cooperatively coordinate the delivery of services, maximize the use of resources, avoid redundancy, encourage public, private community partnership and to develop and fund programs to promote the general community health and safety in the territory of the cities herein; and, WHEREAS, a very successful example of this joint, cooperative effort is the establishment of the community values program known as Values First which has been recognized throughout the country as a model for promoting core values consistently across all sectors of the community se that youth and adults have a common, inclusive foundation upon which to operate: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights supports the efforts of the Southern Aneka County Community Consortium Joint Powers Agreement until December 31, 1998, unless earlier terminated or extended under the terms thereof. Passed this 24th day of March, 1997. Offered by: Ruett imann Seconded by: Jones Roll call: A1 I ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ARTICLE FIT. BOARD OF DLRECTORS Section 1. The governing and policy-malting responsibilities of SACCC shall be vested in its Board of Directors, which shall control its property, be responsible for its finances, and direct its affairs. Each party shall be entitled to two directors who shall have one vote each. Section 2. Each party shall also be entitled to one alternate director who shall be entitled to attend meetings of the Board and may vote in the absence of the party's director. Section 3. Directors and alternate directors shall be appointed by the governing body of each party. Directors and alternates shall serve without compensation from SACCC, but may be paid expenses for attendance at meetings of, or on behalf of, the Board. A party may provide compensation for its director or alternate director if such compensation is author/zed by such governmental unit and by law. Section 4. There shall be no voting by proxy, but all votes must be cast in person at Board meetings by the director or alternate director. Section 5. Directors and alternate directors shzdl be appointed to serve until their successors are appointed and qualified. Section 6. When the governing body of a party appoints a director or alternate director, it shall give notice of such appointment to the SACCC in writing. Section. 7. Any director or alternate director shall serve at the pleasure of the governing body of the appointing party. Section 8. A majority of the votes attributable to the parties shall constitute a quorum of the Board. -2- Section 9. The Board by majority vote may designate ex-officio members who shall be entitled to attend and participate in Board meetings, but shall not be entitled to vote. Such ex-officio members shall serve for a term of two years, and may be re-appointed. ARTICLE IV. POWERS AND DUTIES OF TI-IE BOARD Section 1. The powers and duties of the Board shall include the powers set fo'~th in this Article. Section 2. It may employ a person to act as Executive Director of the Board and may employ such other persons as it deems necessary to accomplish the purposes of this Agreement, to carry out its responsibilities, or to effectuate its powers. Any such persons may be employed on a full-time, part-time, or consulting basis, as the Board may determine. Section 3. It may make such contracts as the Board deems necessary and advisable to make effective any power to be exercised by the Board pursuant to the provisions of this Agreement. Section 4. It may provide for any of its employees to be members of the Public Employees Retirement Association and may make any required employer contr/budon to that organization and any other employer contributions which municipalities are authorized or required by law to make. Section 5. It shall establish an annual budget. It may invest or reinvest funds not needed for current operating expenses, if any, in the manner applicable by law to cities. It shall not at any time incur obligations in excess of funds then available to it. Organization funds may be expended by the Board in accordance with procedure established by laws for the expenditure of funds by the members hereto. The Board, annually, shall appoint a fiscal -3- agent from among its members to sign orders, checks and drafts. Other legal instruments shall be executed on behalf of the Board by the chair and vice-chair. .Section 6. It shall maintain a strict accounting of all funds and report of all receipts and disbursements. It shall make a financial accounting and report to the parties at least once each year and its books and records shall be audited annually and be available for and open to examination by the parties at all reasonable times. Section 7. It may accept gifts, apply for and use grants of money or other property from the State of Minnesota or any other governmental or private organization and may enter into agreements required in connection therewith and may hold, use, and dispose of such monies or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. Section 8. It may contract or lease for space, materials, services, and supplies with a member party or elsewhere. Contracts let and purchases made shall be in conformance with the requirements applicable to Anoka County. Section 9. It shall have the power to enter into contracts with other agencies, companies, or individuals to provide services according to the terms of such contracts. Section 10. Subject to the limitations contained in Minnesota Statutes 466.07, it shall defend and indemnify directors, officers, and employees against claims for damages, costs and expense incurred by any of such persons in connection with any action, suit or proceeding in which such person may be involved by reason of such person's having been a director, officer, or employee. Such defense and indemnification need not be exclusive of other rights to which any such person would otherwise be entitled as a matter of law. -4- Section 11. It may establish annual monetary contributions, and any supplements thereto, from the member governmental units in amounts to be determined by the Board from time to time. Any such proposed annual contributions shall be reported to the member governmental units at least two months prior to the end of SACCC's fiscal year and shall not become effective until the commencement of the ensuing fiscal year. Section 12. It may budget for and purchase insurance against risks which may arise out of the operation of this Agreement, including the actions of the Board of Directors, its officers, directors, employees, and member parties. Section 13. It may exercise any other power necessary and incidental to the implementation of its powers and duties under the provisions of this Agreement. ARTICLE V. 1VIEET~GS - ELECTION AN'D DUTIES OF OFFICERS Section i. At the first meeting of the Board of Directors of SACCC and at the annual meeting of the Board each even-numbered year thereafter, the Board shall elect from its members a chair and vice-chair. New officers shall take office at the adjournment of the annual meeting of the Board at which they are elected. Section 2. A vacancy shall immediately occur in the office of any officer upon resignation, death, or otherwise upon such officer ceasing to be a representative of a governmental unit. Upon vacancy occurring in any office, the Board shall fill such position at its next meeting. Section 3. At the organizational meeting or as soon thereafter as may reasonably be done, the Board shall determine its procedures, including the time, place, frequency and notice of its regular meetings and the manner of calling special meetings. -5- ARTICLE VI. WITHDRAWAL S~tion 1. Any member parry may at any time give written notice of withdrawal from SACCC. A parry withdrawing from membership at a time when such withdrawal does not result in dissolution of the organizar, ion shall forfeit its ctaim to any assets of the organization, including any contributions pursuz.nt to Article IV, Section 11. ARTICLE VII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) aggregate withdrawals of member parties representing more than one-half of the ar~a population occurs, or (b) by a majority vote of all members of the Board. Section 2. Upon dissolution the remaining assets of the organization, after payment of all obligations, shall be distributed among the then existing member parties in proportion to their contrJ, butions, as determined by the Board. If there have been no such contributions, the assets of the organization shall be returned to Anoka County. ARTICLE VIII. TERM The term of this Agreement shall commence on January 1, 1997, and shall continue in full force and effect until December 31, 1998, unless earlier terminated by the parties pursuant to Article VII of this agreement. This Agreement may be renewed for additional terms of two years each by resolution of all of the governing bodies of the parties hereto, prior to the expiration date of this Agreement. ARTICLE IX. EFFECTIVE DATE This Agreement shall become effective upon its execution by the parties hereto. -6- IN WITNESS ~-IEREOF, the undersigned par'des have caused this Agreement to be executed on their behalf. ATTF~T: COUNTY OF A~NOtC4 John "Jay" McLinden County Administrator By: Dan Erhart, Chair Anoka Board of Commissioners Date: ATTEST: CITY OF COLUSVIBIA HEIGHTS By: By: Title: Date: ATTEST: CITY OF FRIDLEY By: By: Title: Date: ATTEST: CITY OF HILLTOP By: By: Title: Date: ATTEST: INDEPENDENT SCHOOL DISTRICT #13 By: By: Title: Date: -7- ATTEST: LNDEPEN'DENT SCHOOL DISTRICT #14 By: Title: By: Date: -8- AGENDA a~Consent Agenda NO. ITEM: Authorization to Purchase NO. Emergency Pre-emption Devices CITY COUNCIL LETTER Meeting of: M~arch 24, 1997 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson,. ~-'~ DATE: March~ 18, 1997 _~'t' ~J CITY MANAGER APPROVAL: DATE: As previously discussed at the March 17, 1997 work session. The Police and Fire Department have budgeted for emergency pre-emption devices in the Capital Equipment section of the 1997 budget. The Police Department has budgeted $6,000 and the Fire Department has budgeted $2,400. Captain Olson has performed extensive research into these devices and has come up with a system that will save the city almost $900 per unit. With the Fire and Police Departments making our purchase together, we are able to buy in a quantity that allows for a substantial discount. The cost of the emitter, light, and mount from 3M Company--the company that makes the system that is being used and attached to each semaphore--is approximately $1,290 per unit. We have found a fully compatible emitter, built by Tomar, that we can obtain for $340 per unit, and a mirror or dash mount strobe lamp that totals $425 dollars per unit. Captain Olson was also able to get the cabling included at no additional charge. At this price, we are able to equip 14 police units and 5 fire units with the emitters. The Federal strobe lights come with a 10-year replacement warranty, free replacement if they should burn out anytime during the first ten years of use. The Burnsville Police and Fire Departments and the Fridley Police Department are currently using this system and are very pleased with the functionality and reliability of the system. We have also checked Hennepin County, the State, and St. Paul bid sheets, and these choices are not listed. RECOMMENDED MOTION: Move to authorize the purchase of 19 Tomar pre-emption units with cables (5 for the Fire Department and 14 for the Police Department) t~om Rescue 1 Supplies at a cost of $6,460.00 plus tax and 19 each Federal MS1-Fd mirror/dash mount strobe lamps (5 for the Fire Department and 14 for the Police Department) from Uniforms Unlimited at a cost of $1,624.50 plus tax, funding to come from the Capital Equipment Fund. TMJ:mld 97-102 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 24, 1997 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY DEPARTMENT: MANAGER'S NO: ~ SPECIAL PROJECTS APPROVAL ITEM: FLUORESCENT BULB COLLECTION MAY BY: JEAN KUEHN BY: 17, 1997 DATE: March 18, 1997 DAT~."~///~ The City of Columbia Heights is planning another residential fluorescent bulb collection for residents of Columbia Heights and the adjacent area who are served by N.S.P. The collection will be held at the Columbia Heights Recycling Center on Saturday, May 17, 1997 from 9 am to 1 pm. Attached is the contract with Northern States Power Company wherein, they agree to reimburse the City of Columbia Heights for expenses incurred by this collection. And the City agrees to accept bulbs from residents at no charge and to make all necessary arrangements for collection and transportation of the spent bulbs. This contract is similar to the previous ones the City has entered into. RECOMMENDED MOTION: Move to authorize Mayor and City Council to enter into a contract with NSP for the collection of spent fluorescent bulbs from residential and small businesses in Columbia Heights and surrounding communities served by N.S.P. Expenses related to this collection will be reimbursed by Northern States Power Company. COUNCIL ACTION: FLUORESCENT/HID LaMP RECYCLING AGREEMENT This is an agreement between Northern States Power Company (NSP), and the City of Columbia Heights. 1. RESPONSIBILITIES OF NSP NSP agrees that it will abide by all of the following conditions of participation in this program: A. NSP agrees to pay the City of Co umbia Heights for costs associated with the collection and recycling off uorescent and HID amps during its May 17th, 1997 collection event. These costs to include the cost of labor supplies, transportation, recycling, disposal, and administrative costs associated with lamp co ec[ion and recycling. B. NSP agrees to pay the costs outlined above within thirty days of receiving an invoice from the City of Columbia Heights for these services. 2. RESPONSIBILITIES OF THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights agrees that it will abide by all of the following conditions of participation in .this program: A. The City of Co umbia Heights agrees that it will accept fluorescent and HID lamps at no charge from NSP residential custome,rs d, urin, g it's, ,Ma~_ 17,,th, 199,7...col!ect!on, ev..ent;Bul~s w be accepted from residents of Column)ia ~eigms, t-rialey, and bpnng LaKe h'arK, an from residents of Coon Rapids and Blaine who can verify that they are NSP customers. B. The City of Columb a Heights agrees to assume all responsibility for the coordination of the following tasks associated with the implementation of the collection event: · Procurement of lamp recycling services for all lamps collected during the event. · Procurement of waste hauling services to insure proper transport of fluorescent and HID wastes to recycling facilities. ° Coordination of all efforts to obtain permission to use either public or private properties as the site of the collection event. C. The City of Co umb a Heights agrees to provide NSP with documentation of all lamps collected, including, but not limited to, the total number and type of bu bs collected. 3. TERM The term of this agreement shall be from the date of receipt until May 18th, 1997. 4. RELATIONSHIP BETWEEN THE PARTIES Nothing in this Agreement creates or can be construed to create the relationship, of_ agent/principal, employer/employee, or representative between NSP and the City of Columbia Heights. 5. COMPLETE AGREEMENT This agreement is fully merged and can only be amended in writing agreed to by alt parties hereto. 6. NOTICES Alt notices under this agreement will be deemed delivered when mailed, postage prepaid, to the other parties at the following addresses: If to the City of Columbia Heiqhts: Jean Kuehn Recycling Coordinator City of Columbia Heights 590 40th Ave N.E. Columbia Heights, MN 55421 if to Northern States Power Company: Lis.a R. Osacho Northern States Power Company 414 Nicollet Mall (RS-5) Minneapolis, MN 55401 IN WITNESS WHEREOF, the parties have caused their proper officers to execute this agreement on the dates below written: City of Columbia Heights By Title Date Northerq¢'Statas Pbwer Company -~ By ~,',, '-- , ~.~ -~---- Title /i .~ ~ ~,,~ / Date _~. ~.,~ x, H:\FSCC99\DATA\WORD\RECYC E97\COLHGHTS.DOC ()~5/21/97 08:18:I7 F:'UN)} F;.~ECr:':~F:': FUND 101 201 203 204 205 2], 2 2'.' 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BANKS Chec-.t< H:i. story ).') ]] SB{..JR S EMI.-'_'I,I'T 33 :, 858 ,, 76 .T :, 995 ,, 52 8,566 ,, :.'.";, 366 ,, 27 497 ,, 06 :": !5 :::~ ,, ~=" 4:, :LgO,, 57 ,])..]!, ~ : '" r:'J '2 t 2 ,, 07 5,8.5]. ,, 06 ,.),., J. t 2 I0 62 64 20 :L 4 11 :, 403 ,, 49 20,45'i? ,, .39 194 :, 252 ,, 97 5:, 5:1.7 ,, 97 686 .,, 027 ,, 02 t) ]] SB UR:.::];EML-Z N T',.'i; 686 :, 027 ,, 02 686 :: 027 ,, 02 03/2.1./9'7 08: .1. Check History 3/24/97 ~":('t JNF:'t'I 1....I.,:. I BAN K CI-IIi~.C K t,IUMBI.:.':R AMOI. Jt',tT BAl',ll< C;I-.IEX::: K ]:l'-l[).i ACCOI...II',I'T' AARP A I R 'T'OLJ(.-;H [7.1E:L..I...L.II...AR AI',IO I<A COUNTY .... ]BEI...I...]BOY BAR SL.1F'F:'I...Y B E: F.,' [::.~ F:' 0 R I) 'T' R U C K ]: N G BF;,'OCK WH :['i'T=.~ CO., Bt...II-:..' TON/J ! I... I... [:::Al:;-.'l:;.:/F.-:Vlii]...Ylq [:::lii:l',lT R A L. STORES CH :[ E;AGO I...~ KE::~.'-; D C :[ 'T'Y [.,,: ]: DE: t~,I ]: i',fDOW COCA-...[:X:.II...A BOT"I"I... ]: I'.tG M :[ Dl.:Jli~ CF;,'E:AT 1' VE: t...AM :[ NAT :[ I-,IG DAHt.../BAF;.'.BARA F:'I:;.:A bICE::E; EAGL. E W]:tqE: COMF'ANY I!i:A.S.~'i" S]:.Dli~. BE:VE:RAGE: [.";0 GABL. E/JO'~ GE:NU ]'l'.[tii: F:'AI.:,'TS/I'-fAF:'A AUT'O GI...E'J',tb, h'.30B. ]: I',IGf...E:b. JOOD GF;,':[ [:.:iGS-.-.C.'.OOF:'E:R &. CO Fh'-'::S,~];AN SAI'-I.'O & GRAVt!i:L. t.-K31.-II!!:Iq.S}'1"E=. :1: NS .'1: I',IC J H I...AR,C!;ON I]i:L.E:CTF;,']:C COMP I(LJI.=.:T'HE]=.,' D :[ST ,. CO, I...li[:AGUE OF' MINNESOTA C I"iED :[ CA CHO .'[ CE Mlii:DI C::I I',IE: LA KE: -t"OLJR~ M :I: lq Iq f!..': [:.; A -'.-'!.:: C 0 M ]: 1'-I "1"~i: .~ ;.'.---W E: ]: E; M A lq Mt'.I DIEI='T OF:' Rlii:k/E]qUE: l'.i ~ I::' I,ll.-'i:t...SON CI-!E:E::.'.'~E: ~tq]:) ].'.~i...-..I....l: l,lOR-f'H STAR I [:::iii: OF:'t=:[CE=. DE]='OT' F:'AI...t:~i.:;'I" ]:,~i; ~.~ 'E.'.:;OI',tS F:'E:I='S.'[--[.".:OI...~-7 I. 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"~ :~ 64.'1. 57 64.1. ="'; 64 :160 64.1.6.1. .1. 76.00 58 ,, 06 .1.79.40 .1. 6;..~ ,, 59 32:1.60 75 :, 00 189,13 31.., 50 80.08 6 .:: 8~:~5 ,, 00 24 ,, 50 .1..,: 774.75 39 ,, 54 .1. 4 ,, 95 .1. 3.1. ,, 28 50 :, () 5;~."~ ,, 35 .7."; 1.50 28,814.43 .1. :, 403 ,, 5! 9 :, 785 ,, .7~5 169,,02 4.34 48.00 42 :: 763.58 ! 50 ,, 00 2.86 ,, 80 61 :~.!', ,, 00 .l 8:.':l. 7.1. 6, .1. 64- ,, 00 8 :: 71".'2 ,, 53 40 ,, 70 396 ,, 00 530 ,, 8;?. 299,, 90 .1.45 ,, .1.0 .1.74.00 77.17 99 ,, 53 !i?.6 ,, 77 Z.;:: .1..I6.64 7.13 1.1.4 ,, 62 6 ,, 87 Check i-.lis 4:o ry 5/24/97 COUNC: C ]: TY C)F' CC)LJ. JM).B ]; A l"JJi.:: Z Gl... 540F.:-V© 5.00 I::"AC:~E 2 B A N K V E N ):) 0 C: FIIE f.'.;: K NUMBL-::R AMC':UNT BAN K (:::HtEC:I<:: :1: I,tG AC:C:CIUNT S ]: r,'t 0 N.'::.~ / B E: "f' H STAR TF;.: :I: :::;]"I:::F.::L.. 'f'I:.'!:C':!"I :1: NC: !:::: Y .'.::'Y'I" J::: J"1 ::~ .<.~l.J PPL. Y U S {.,JE::~:::]" C:[)?{I'.1t. 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OC:,., 00 64368 632 ,, :l. 9 643,69 64370 "7'0 ,, 7:!;4 647.'.;7 :!. t 00 ,, C-:.') 64.7572 30 ,, 00 6,'."i~6,027., 02 .'-k:$:* CITY COUlqCIL LETTER Meeting of: March 24, 1997 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 6 CITY MANAGER ' S APPROVAL ITEM: SECOND READING OF ORDINANCE NO. 1328 BY: Walter Fehst AN ORDINANCE CALLING FOR THE DATE: 3-21-97 DATE: NO.: ABANDONMENT OF THE CITY CHARTER ~ Over the past several months, the City Council has been reviewing the issue of whether the City should remain a home rule city under its charter or abandon the charter and operate as a statutory city. The City Charter was put in place in 1921 when the City was organized. The Charter defines the organization of the City government, the powers available to the City, and the responsibilities of the principally elected and appointed officials. The Charter can be amended either through an ordinance by the Council or by majority vote of the citizens. The other form of city government is that afforded by the State Statutes. If a city does not have a home rule charter, the City is governed by Chapter 412 of the State Statutes and is referred to as a statutory city. Many of the powers and responsibilities provided for in the Charter are available to a statutory city. A number of items in the City's Charter are superseded by State Statute. The comparison of the two prepared by the City Attorney would indicate that there are only two major items in the Charter that are not available in statutes. These are: - Initiative, Referendum, and Recall The Charter provides the citizens of Columbia Heights with the power to initiate ordinances or resolutions, forces the reconsideration by the City Council of any ordinance or resolution passed by the Council, or to remove any elected official from office, through a petition process that forces the issue to be placed on the ballot. State Statutes does not provide this power to the citizens of a statutory city. There does appear to be a movement in the State Legislature to provide these powers. Mayoral Control of the Police Department The City Charter provides the City Manager with the responsibility to control and direct the administration of the City, with exception of the Police Department, which is under the sole control of the Mayor. As almost all of the provisions of the City Charter are covered by or superseded by provisions of the State Statutes, the City Council has expressed the desire to place the issue of abandoning the Charter for statutory rule on the past general election ballot. To place the question on the ballot, the attached ordinance must be passed. The first reading was held on May 28, 1996. On June !0, 1996, a vote was taken to reconsider the abandonment of the Charter. The vote at that meeting was unanimous, which essentially tabled the issue indefinitely. Since the City Council voted on June 10~n reconsider the issue, no further action was taken. On November 25, 1996, and February 24, 1997, the Council again took up the issue of the second reading of Ordinance No. 1328, and a motion was received, but no second was made on the motion at either occasion. Charter Commission members have stated at both their February and March, 1997, meetings that they would like to see this item come to closure. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Ordinance No. 1328, an Ordinance Calling for the Abandonment of the City Charter. (NOTE: Per numerous past discussions, the City Council is advised to vote ~NO" on this motion to put this item to rest.) COUNCIL ACTION: ORDINANCE NO. 1325 AN ORDINANCE OF THE CITY OF COLUMBIA HEIGHTS R.ELATING TO THE ABANDONMENT OF TI-IE COLUMBIA HEIGHTS CITY CHARTER The City of Columbia Heights does ordain: Section 1: That the City Council of the City of Columbia Heights hereby proposes the abandonment of the Columbia Heights City Charter. Section 2: That the abandonment of the City Charter shall be complemd in comphance with Minnesota Statute 410.12, Sub& 5. Section 3: That the City Council shall submit fi'tis proposed ordinance to the Charter Commission. Section 4: That within sixty (60) days after submission by the Council, the Charter Commission shall review the proposed abandonment and shall approve or reject the proposal. Section 5: That upon prompt notification of the Charter Commission's action, the Council shall submit the proposed abandonment to the people in the manner as provided by Minnesota Statute 410.12, Subd. 4. Section 6: That the City will select and operate as an Optional Plan Statutory City if the charter abandonment is approved by the City electors. Sect/on 7' That this Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: May 28~ 1996 Second Reading: M~rch 24, l~q7 Date of Passage: Fa i I ed Offered by: Jo] l y Seconded by: Pete r son Roll Call: Alt nays Vote to reconsider passed June 10, 1996 Vote to ,dopt was made on November 25,~9i Did not receive ~ second. Vote to adopt was made on February 24, 1997; d[d not receive a second. Joseph Smrdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 3/24/97 AGENDA SECTION: I TEHS FOR ORIGINATING DEPARTMF~: CITY MANAGER NO. t~ C OH S I D E RAT 1 ON PUBLIC WORKS /],4~ ~)~. //"/~~/. ~~.. ~.7~//~,,K,~" ITEM: AWARD OF PLANT MIXED BID CONSIf}FRATI,q BY: M. Winson/~/~]~' NO. BITUMINOUS MATERIALS DATE: 3/17/97 The City Council authorized seeking bids for the 1996 Plant Mixed Bituminous Materials January 13, 1997. The City advertised and received bids on March 6, 1997, at 1:00 P.M. The City received 3 bids. A copy of the bid tab is attached. The City asked for bids either delivered or picked up. The picked up bid was adjusted for mileage, as indicated in the specifications, to reflect the City's total cost. RECOMMENDED MOTION: Move to award the bid and to authorize the Mayor and City Manager to enter into an agreement to purchase the 1997 Plant Mixed Bituminous Materials based upon Iow formal bids received at the unit prices and from the vendors as follows: MATERIALS COMPANY UNIT PRICE AC Fine Sand Mix Bituminous Roadways $27.50 per ton - delivered Midwest Asphalt $20.35 per ton ~ picked up 3/8 AC Fine - Max. Agg. Bituminous Roadways $27.50 per ton - delivered Midwest Asphalt $20.35 per ton - picked up 2331 Type 3lB Base Bituminous Roadways $25.50 per ton - delivered Midwest Asphalt $19.25 per ton - picked up 2331 Type 4lB Binder Bituminous Roadways $25.50 per ton - delivered Midwest Asphalt $19.50 per ton - picked up 2331 - Type 4lB Wear Bituminous Roadways $27.00 per ton - delivered Midwest Asphalt $20.00 per ton - picked up 2331 - Type 4lA Wear Bituminous Roadways Midwest Asphalt $27.00 per ton - delivered $20.50 per ton - picked up Winter Mix Midwest Asphalt $55.00 per ton - delivered Midwest Asphalt $50.00 per ton - picked up COUNCIL ACTION: CITY COUNCIL LETYER Meeting of: 3/24/97 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO. PUBLIC WORKS ITEM: AWARD OF PLANT MIXED BY: M. Winson BY: NO. BITUMINOUS MATERIALS DATE: 3/17/97 DATE: Page2- Continued DISPOSAL OF CONCRETE/ASPHALT RUBBLE MATERIALS COMPANY Bimminous Midwest Asphalt Midwest Asphalt Concrete with steel Midwest Asphalt Midwest Asphalt Concrete without steel Midwest Asphalt Midwest Asphalt LrNIT PRICE $ 5.00 per ton - picked up by Company No charge - delivered by City forces $10.00 per ton - picked up by Company $ 4.50 per ton - delivered by City forces $10.00 per ton - picked up by Company No charge - delivered by City forces MAW:jb 97-132 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/24/97 AGENDA SECTION: ORIGINATING DEPARTMENT: /~ CITY MANAGER ITEM: AWARD OF 1997 STREET AND PARKING BY: M. Winson ~~v- BY: NO. LANE STRIPING PROJECT ~.. /~ - a~ DATE: 3/17/97 // DATE: On February 10, 1997 Council authorized staff to seek sealed bids for the 1997 Street and Parking Lane Striping project. Plans and specifications were sent to three companies which expressed interest in the project. Two sealed bid were received for the opening on March 13, 1997, at 4:00 P.M. The bids received were as follows: Company AAA Striping Precision Pavement Marking Inc. fintllount $4,97O.66 $5,429.25 Funds are budgeted for this project in the State Aid Maintenance account ($4,500.00) and the General Fund - Traffic Signs and Signals ($750.00). The bid price for striping the State Aid streets is $4,121.41 and striping the local streets is $558.25. RECOMMENDED MOTION: Move to award the 1997 Street and Parking Lane Striping project to AAA Striping Service Co. of Rogers, Minnesota, based upon their tow, qualified, responsible bid in the amount of $4,970.66 with $4,412.41 to be appropriated from Fund 212-43190-4000 and $558.25 to be appropriated from Fund 101-43170-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MAW:jb 97-134 COUNCIL ACTION: PROPOSAL 1997 STREET AND PARKING LANE STRIPING The undersigned, as bidder, hereby proposes and agrees to enter into a Contract' on the forms attached hereto with the City of Columbia Heights, Minnesota, to supply all labor, materials and equipment necessary for the 1997 Street and Parking Lane Striping within the City of Columbia Heights, all in accordance with the Plans and Specifications prepared by the City Engineer, City of Columbia Heights, Minnesota, for the following sum: Unit Price/Mi. Total AmoUnt 1. 11.62 miles + of broken yellow centerline $. 184.00 $ 2,138.08 2. 0.41 miles + of broken white centertine $184.00 $ 75.44 5.88 miles + of solid white parking lane and lane marking. $407.00 $.2,393.16 0.07 miles + of 8" wide solid white taper marking. $81a.o0 $ 56.98 5. 0.24 miles + of solid yellow centerline. $ 307.00 $. 73 - 68 o , 0.38 miles + of double yellow centerline, both solid $614.00 $ 233.32 TOTAL BID $4,970.66 Respectfully submitted, AAA STRIPING SERVICE CO. Business Name 5392 Quam Avenue P.O. Box 349 Address Rogers MN 55374 (Seal if bid is by a corporation) S i~-na[~re A~.horize~Agent (-g'~igiiTat~r~ Witness President Title Corporate Secretary Title Date Submitted: March 1! , 19 97 CITY COUNCIL LETTER Meeting of: 3/24/97 AGENDA SECTION: B I D CONS I DERATI 0NS ORIGINATING DEPAR/TMEN~: CITY MANAGER ITEM: AWARD OF ROAD AGGREGATES BY: M. Winso DATE: 3/17/97 q- The City Council authorized seeking bids for road aggregates on January 13, 1997. The City advertised for formal bids and held a bid opening on March 6, 1997, at 1:00 P.M. Seven bids were received and a copy of the bid tabulation is attached. The bid is for an annual contract on a unit price basis. Picked up prices are adjusted to indicate our total cost to obtain the material as was indicated in the specifications. The adjustment comes into play when labor and operating costs to haul the material are calculated on top of the picked up bid price. Staff is recommending award to the low bidder for each bid (type of material). RECOMMENDED MOTION: Move to award the bid for and authorize the Mayor and City Manager to enter into an agreement to purchase Road Aggregate Materials for the 1997 season based upon low formal bids received, at the unit prices and from the vendors as follows: MATERIAL COMPANY UNIT PRICE Bid A - FA-3 Aggregate Midwest Asphalt $14.50 per ton - delivered Midwest Asphalt $12.95 per ton - picked up Bid B - FA-2 Aggregate J. L. Shiely $10.67 per ton - delivered J. L. Shiely $ 8.27 per ton - picked up Bid C - Sanding Sand Barton Sand & Gravel $ 5.50 per ton - delivered J. L. Shiely Co. $ 5.47 per ton - picked up Bid D - Class 2 Aggregate Bryan Rock $ 8.22 per ton - delivered Barton Sand & Gravel $12.95 per ton - picked up Bid E - Class 5 Aggregate J. L. Shiely Co. $ 6.49 per ton - delivered J. L. Shiely Co. $ 5.12 per ton - picked up Bid F - Alternate Class 5 Aggregate Barton Sand & Gravel $ 6.45 per ton - delivered J. L. Shiely Co. $ 4.35 per ton - picked up Bid G - Select Granular Borrow Barton Sand & Gravel $ 5.20 per ton - delivered J. L. Shiely $ 3.07 per ton - picked up Bid H - Crushed Rock Bryan Rock $ 8.67 per ton - delivered J. L. Shiely Co. $ 8.77 per ton - picked up MAW:jb 97-133 COUNCIL ACTION: 0 o 7° z "< z z 0 0 0 0 0 0 o o o o o~ Z Z Z Z e~- o o o o ~d o o Z Z Z Z e~- Z Z ~c0o~ o o o ~d o o es- es- e~ Z Z Z e~- Z ,-n m rn ~ 0 0 0 0 Z Z Z Z ~0 ~-- 0 o o o o o o cd o Z Z Z Z Z Z e~ Z o o o o o *E o o Z Z Z Z Z ~ Z Z d 0 0 0 0 z _i m~ c~ m CITY COUNCIL LETTER Meeting of: March 24, 1997 AGENDA SECTION: 1TEbtS FOR ORIGINATING DEPARTMENT: CITY MANAGER ITEM: ADDENDUM #2 - TRAFFIC SIGNAL BY: M. Winson ~-~J¢~-¢~-~ ~ BY: IMPROVEMENT CONSULTANT CONTRACT t~.. ~., ] DATE: March 18,/[997 DATE: Background: The City has been pursuing for some time a signal at 39th and Stinson as well the addition of EVP (Emergency Vehicle Pre-emption ) on all signals in the City. Two years ago, the City entered into a consulting contract with BRW for design and construction services in regard to these two projects. BRW has developed the plans for the signal and EVP installation. In the process of review of the EVP installation plans, Mn/DOT developed at list of improvements to signals along Highway 65. Through discussions with Mn/DOT, it was decided that the City of Columbia Heights would apply for Municipal Agreements funding from Mn/DOT for these improvements. The application for these funds was successful and this funding will be available after July 1, 1997. In order to move the projects along, they have been split into two phases. Phase 1 includes: Signal at 39th/Stinson EVP installations at: University & 40th, University & 37th, 37th & Central, 37th & Johnson, 37th & Stinson Phase 2 includes: EVP installation and signal modifications at: Central & 52ha, Central & 5 Vt, Central & 50th, Central & 49th, Central & 45th, Central & 44th, Central & 41st, Central & 40th Protected left turn phasing at: Central & 49th, Central & 40th Funding for these projects is coming from a number of sources: Signal at 39th & Stinson - ½ St. Anthony, 1/4 State Aid, t/4 City local(encumbered) EVP on University and 37th intersections - State Aid EVP on Central intersections - ½ State Aid, ½ Mn/DOT Cooperative Agreements Signal Modifications on Central - ½ State Aid, ½ Mn/DOT Cooperative Agreements The Phase 1 project will be ready for bidding in April with an anticipated start in June. Phase 2 could go out for bids in June with a bid opening in early July and construction in August. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 24, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADDENDLrM #2 - TRAFFIC SIGNAL BY: M. Winson BY: IMPROVEMENT CONSULTANT CONTRACT DATE: March 18, 1997 DATE: Discussion: Due to the change in scope with the addition of the signal modifications on Central Avenue, BRW has requested an Addendum to their contract to cover the additional design and construction engineering involved. The requested amount is $28,745.35. All engineering fees are reimbursed through our State Aid Funds and the Cooperative Agreement funds. To recap the BRW contract: Design Construction Total Original Contract for EVP installation $14,178.15 $ 8,902.38 $23,080.53 Addendum #1- 39~'/Stinson Signal, left tums at Central & 40th and 49th Addendum #2- Central Avenue signal modifications $ 9,564.97 $ 9,356.29 $18,921.26 $21,257.30 $ 7,488.05 $28,745.35 Totals $45,000.42 $25,746.72 $70,747.14 Staff has reviewed the proposed charges for the additional work and feel they are appropriate. Recommended Motion: Move to approve Addendum #2 to the Consulting Engineering Services with BRW for installation of EVP, a traffic signal at 39th and Stinson and signal improvements on Central Avenue in the amount of $28,745.35. COUNCIL ACTION: March 3, 1997 B R W INC. Ms. Kathy Young City of Columbia Heights 637 38th Avenue NE Columbia Heights, M-N 5542 t Planning Transportation Engineering Urban Design ThresherSquare 700Third StreetS o. Minneapolis, MN55415 612/370-0700 Fax 612/370-I378 Denver Ivlilwaukee Minneapolis Newark Orlando Phoenix Portland San Diego Seattle SUBJECT: Emergency Vehicle Preemption Project Request for Contract Amendment No. 2 Dear Ms. Young: As you know, the scope of work for the Columbia Heights project has changed to include revisions to the TH 65 (Central Avenue) intersections requested by Mn/DOT. In addition, the project is now divided into two Phases and wilt require two sets of construction documents. As discussed previously, the project will be divided into the following sections: Phase 1. · EVP and LED installations at the follov,'lng (eight) intersections: - TH 47 intersections with 37th, 40th, 44th, and 49th Avenues NE. - 37th Avenue intersections with Central Avenue, Johnson Street, and Stinson Boulevard. In addition, the first phase includes a new signal installation including EVP at 39th Avenue NE / Stinson Boulevard. Phase 2. Signal modifications at eight intersections on TH 65 (Central Avenue): 40th, 41st, 44th, 45th, 47th, 49th, 50th, and 52nd Avenues NE. At these interections, EVP and LED indications will be installed. In addition, the signal revisions discussed with Mn/DOT will be implemented.. These revisions include new mast arm poles, vehicle and pedestrian indications, changes to phasing, and other intersection improvements. The current contract amounts are shown in Exibit "A2", Page 7. The original contract plus Addendum No. 1 provided $23,743.12 for the design of EVP installations at all of the intersections, revisions to phasing at TH65 at 40th and 49th Avenues NE~ and a new signal at 39th Avenue NE and Stinson Boulevard. Ms. Kathy Young March 3, 1997 Page 2 of 2 As of February 27, 1997, we have completed a 95% complete plan set for Phase 1 (plans and specifications) and have documented locations of EVP for Phase 2. To complete these tasks, we have expended approximately $22,000 of the contract amount, which is 93% of the design budget. This letter and attachments describes the proposed scope of work to complete the Phase 2 construction documents as noted above and to do the additional work required to provide construction services for the two phases. The attachments include the following: E:dqibit A2 - Description of Work Tasks - Staff Hour Estimate - Cost Estimate - Project Schedule (Phase t and 2) The staff hours estimated to complete the work tasks results in a contract amendment request of $28,745.35. The project schedule is attached and plans for a submittal of the Phase 1 construction documents to Mn/DOT for review on March 7, 1997. Phase 2 preliminary plans are expected to be completed by April 1, 1997, with final construction documents completed by May t, 1997. This schedule would allow for a Phase 1 letting in May at the City's convenience. The Phase 2 project could be let sometime in July, 1997. Please call Howard Preston or Bob Green with any questions or comments. Thank you for this opportunity to continue serving the City of Columbia Heights. Sincerely, BRW, Inc. Howard D. Preston, PE rg File 3060A00 / 33910 001 9901 cc: Bob Green, PE CITY COUlqCIL LETTER Meetinc of: March 24 1997 AGENDA SECTION~ OTHER BUSINESS ITEMS FOR ORIGINATING DEPARTMENT: CITY MANAGER'S NO:,[ CONS I DERAIt ON SPECIAL PROJECTS APPROVAL ITEM: HARDWIRED MICROPHONES FOR BY: JEAN KUEHN APPROVED _~ No: -P_.,- 0.. ' City council has requested hardwired microphones for the Council Chambers to improve the audio quality and achieve greater consistency than we have experienced with the wireless microphones currently employed. The original quote request was for nine microphones but with additional staff at many of the meetings it may be prudent to install eleven microphones from the onset. The total cost of two additional microphones would be $495, including installation if done in conjunction with the total project. Three companies submitted bids, but only one did an on site evaluation of our needs. That is the company we recommend and they are the low bid. See attached memo. EQUIPMENT FOR HARDWIRED MICROPHONES IN COUNCIL CHAMBERS ALPHA TODD BLUMBERG 16 input audio mixer Included 2,250.00 9 gooseneck mics Included !,328.40 $2,466.00 9 shockmounts Included 475.20 5!0.00 Subtotal 3,132.00 4,053.60 $2,976.00 Installation !,370.00 1,500.00 2,000.00 approx custom mute switches for mics. testing and training TOTAL EQUIPMENT & $4,502.00 $5,553.60 $4,976.00 INSTALLATION Other Suggested items: Automatic gain 409.20 control Mainframe w audio 6,750.00 monitor 29 band equalizer 800.40 Voice matic master 391.20 TOTAL 4,502.00 $13,904.40 $4,967.00 .ze Ior y Manager to award Alpha Video the purchase and installation of 11 hard wired microphones for the council chambers with monies from fund 225-49844-3!05 in the amount of $4,997.00 ALTERNATE MOTION: Move to authorize Mayor and City Manager to award Alpha Video the purchase and installation of 9 hard wired microphones for the council chambers with monies from fund 225-49844-3!05 in the amount of $4,502.00 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS DATE: MARCH 17, 1997 TO: WALT FEHST, CITY MANAGER FROM: JEAN KUEHN, SPEC. PROJECT COORD. BIDS FOR MICROPHONES This is in response to your questions regarding the wide variation in the quotes submitted for the hardwired microphones for the Council Chambers. All companies were given the same information, regarding what was wanted and what equipment we would need. Alpha Video took the time to read what had been asked for and came to City Hall for a first hand look to better understand what would be required for installation. Tim Flesner who would be doing the installation is a resident of Columbia Heights and is employed by Alpha. Todd Communications did a "throw everything in the soup" bid and included equipment we either already have or have no real need for. They did not come to City Halt to see what was really required. Blumberg Communications did not include the mixer or the cost of installation in their initial bid. They were contacted and a message was left requesting the additional information. Only then was the cost of installation given and that is an estimate. Blumberg Commurrications did not come to City Hall to view what was here or access what was needed. CITY COUNCIL LETTER Meeting of: March 24, 1997 AGENDA SECTION: ITEMS FOR CONS IDEP-ATION ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 7 Other Business City Manager APPROVALt . ITEM: Res. No. Multimodal Corridor Der. Project 7-C-3 DATE: 3-19-97 DATE This item was discussed at the March 17, 1997 Council work session. Tim Yantos, Anoka County Deputy Administrator, reviewed the project regarding the six million dollar TH 10 multi-modal Transportation Corridor Development. The Joint Powers Agreement was reviewed as well. The Council directed staff to include this resolution with an attached Joint Powers Agreement on the agenda for the March 24, 1997 Council Meeting. MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-29 being a resolution regarding THi0 Multi-Modal Transportation Corridor Development. COUNCIL ACTION: RESOLUTION NO. 97-29 BEING A RESOLUTION REGARDING THI0 MULTI-MODAL TRANSPORTATION CORRiDOR~DEVELOPHENT WHEREAS, Trunk Highway !0 (THI0) from Minneapolis to St. Cloud is a transportation corridor that runs through the fastest growing area in the State of Hinnesota and such growth has created significant transportation, safety and land use issues; and, WHEREAS, there are opportunities for a variety of multi-modal transportation improvements in the THI0 corridor, including highway improvements, commuter and freight rail, recreational trails and Intelligent Transportation System (ITS); and, WHEREAS, THi0 serves as a primary link between the Twin Cities metropolitan area and the communities in the corridor from Minneapolis, north along TH47 north to THi0 northwest to St. Cloud; and, WHEREAS, such communities wish te col!aboratively plan for multi-modal transportation improvements to the corridor and for the related land use and development impacts; and, WHEREAS, the federal !STEA was adopted to encourage and facilitate integrated transportation planning along major transportation corridors and authorizes funding for such corridor planning and development; and WHEREAS, the United States Congress will consider the reauthorization of ISTEA this year and is consistently requiring that all applications for ISTEA be submitted as soon as possible for inclusion in the draft bill. NOW, THEREFORE, BE IT RESOLVED, THAT: The City of Columbia Heights strongly supports the development of a federally financed plan to analyze the feasibility and environmental impacts of multi-modal transportation improvements along the THI0 corridor, including highway improvements, commuter and freight rail, recreational trails, ITS, safety and related land use issues; and, The Columbia Heights City Council hereby appoints Councilmember Donald Jolly as its representative and Mayor Joseph Sturdevant, as alternate, to work with elected officials from communities along the corridor to develop a joint powers agreement, providing a mechanism to jointly address the need for transportation enhancements, congestion relief, improved safety and systematic land use planning; and, The City of Columbia Heights hereby declares its intent to enter into such a joint agreement, subject to the review and approval of its governing body by March 31, 1997. Passed this 24th day of March, 1997. Offered by: Seconded by: Roll call: Jolly Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary DRAFT - 3/6/97 JOINT POWERS AGREEMENT ESTABLISHING THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY THIS AGREEMENT, is entered into by and between the undersigned Counties, Regional Railroad Authorities, Cities, and Townships, all being governmental units of the State of Minnesota, pursuant to the authority contained in the Minn. Statutes §§471.59 and 398A.04, subd. 9. RECITALS WHEREAS, Trunk Highway 10 (TH 10) from Minneapolis to St. Cloud is a transportation corridor in the fastest growing area in the State of Minnesota and such growth has created significant transportation, safety and land use issues; and WHEREAS, there are opportunities for a variety of multi-modal transportation improvements in the TH10 corridor, including highway improvements, commuter and freight rail, multi use paths and Intelligent Transportation Systems (ITS); and WHEREAS, TH10 serves as a primary link between the Twin Cites metropolitan area and the communities in the corridor from Minneapolis, north along TH47 north to TH10 northwest to St. Cloud; and WHEREAS, such communities wish to collaboratively plan for multi-modal transportation improvements to the corridor and for the related land use and development impacts. DRAFT - 3/6/97 NOW, THEREFORE, in consideration of the mutual promises and benefits that each party shall derive herefrom, the parties agree as follows: ARTICLE I. PURPOSE The purpose of the parties in entering into this Agreement is to analyze the feasibility and environmental impacts of integrated transportation improvements along the Highway 10 corridor, including highway improvements, commuter and freight rail, recreational trails, ITS, safety and related land use issues. The method of accomplishing the purpose of this Agreement is the establishment of a joint powers board to provide a mechanism whereby the parties can jointly address the need for enhanced transportation along the corridor, congestion.relief, decreased traveling time, and systematic land use and development planning. ARTICLE II. JOINT POWERS BOARD MEMBERS AND TERM The government units that are eligible to participate in this joint powers agreement include: Anoka County Regional Railroad Authority Hennepin County Regional Railroad Authority Sherburne County Regional Railroad Authority County of Anoka County of Sherburne City of Elk River City of Big Lake City of Clear Lake City of St. Cloud City of Becker County of Hennepin County of Benton City of Ramsey City of Anoka City of Coon Rapids City of Blaine City of Sartell 2 City of Fridley City of Spring Lake Park City of Columbia Heights City of Minneapolis DRAFT - 3/6/97 City of Sauk Rapids Big Lake Township Becket Township Clear Lake Township Haven Township Additional governmental units may be eligible to participate if approved by the Authority. The terms and conditions of this Agreement shall be effective as to an eligible participant when the Agreement has been executed by the duly authorized representatives of that party, This Agreement shall commence when it has been duly executed by terminated as provided herein. and shall continue until ARTICLE III. JOINT POWERS BOARD Section 1: Establishment and Composition. The parties hereby establish a joint powers board to be known as the Northstar Corridor Development Authority ("Authority") to jointly exercise such powers and authorities as are necessary to achieve its purposes and fulfill its duties as provided for in Article IV, subject to the terms and conditions of this Agreement. The Authority shall consist of one elected official each from the member governmental units. Each member shall be entitled to one vote. This Agreement defines and establishes tPle structure and procedures of the Authority, the responsibilities and powers of the Authority, and the relationship between the Authority and the member governmental units. ARTICLE IV. DUTIES OF THE AUTHORITY DRAFT - 3/6/97 The duties of the Authority shall include the following: Bo Co The Authority shall receive and manage ISTEA grant funding in accordance with all applicable rules, regulations and other requirements by the Federal Transit Administration. The Authority shall assess the need for and analyze the feasibility of multi- modal transportation improvements in the Corridor, including highway improvements, commuter and freight rail, recreational trails, ITS, safety and related land use issues. The Authority shall establish such advisory committees and task forces as needed for the purpose of receiving public input and shall identify appropriate interested parties, and develop guidelines for public participation. The Authority shall conduct environmental evaluations, as required by law. The Authority shall coordinate its activities as necessary with Burlington Northern Railroad, the Minnesota Department of Transportation and other necessary entities. The Authority shall prepare reports addressing implementation issues, including but not limited to ownership, operation, construction, start-up and financing. ARTICLE V. POWERS OF THE AUTHORITY Section 1' General Powers. The Authority is hereby authorized to exercise such powers as is necessary and proper to fulfill its purpose'and perform its duties. Such powers shall include those specific powers enumerated in Section 2 of this Article. The Authority may 4 DRAFT - 3~6/97 refer decisions for approval by the governing bodies of its member governmental units. The Authority shall not have the power to levy property taxes nor the power to issue bonds. Section 2: Specific Powers. A. The Authority shall adopt an annual budget, together with a statement of the sources of funding and an estimate of the proportion of such amounts required of each governmental unit, in accordance with the provisions set forth in Article VII. B. The Authority may enter into any contract necessary or proper for the ex'ercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The .Authority may approve any contract relating to this Agreement up to the amount approved in the annual budget, and may authorize the Chair of the Authority to execute those contracts. No payment on any invoice for services performed by a consultant or any other person or organization providing services in connection with this Agreement shall be authorized unless approved by the Executive Committee. C. The Authority may provide for the employment, discipline or discharge of personnel required to accomplish the purpose of the Agreement. D. The Authority may disburse funds in a manner which is consistent with the method provided by law for the disbursement of funds by counties, as welt as any federal or State requirements. E. The Authority shall have the power to adopt such by-laws that it may deem neces'sary or desirable ~or the conduct of this business of the Authority. Such by-laws shall be consistent with this Agreement and any applicable laws or regulations. F. The Authority may apply for and accept gifts, grants or loans of money, other property or assistance from the United States Government, the Stats DRAFT - 3/6/97 of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, other property and assistance in accordance with the terms of this gift, grant or loan relating thereto. The Authority may hold such property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement, make distribution of such property as is provided for in this Agreement. The Authority may purchase insurance as is deemed advisable and may take action to enforce its rights in equity or in law. Section 3: Exercise of Powers. All powers granted herein shall be exercised by the Autho. rity in accordance with the legal requirements applicable to counties. In accordance with Minn. Stat. § 471.59, subd. 3, the purchasing and contracting requirements of the county selected pursuant to Article VII, Section z~ shall apply to the Authority. ARTICLE VI. STRUCTURE AND PROCEDURES Section 1' Terms. Each representative and alternate shall be appointed for two year terms, beginning January 1, by resolution of the appointing governing body. In the event that any representative or alternate shall n.ot have been appointed by January 1 in any year, the incumbent representative shall serve until a successor has been appointed. Removal of a~ny representatiVe or alternate during the term for which the representative has been appointed may be done at any time but shall be done only by resolution of the appointing governing body. Resolutions of any governing body under this section shall be filed at the Office of Administration, CounW Courthouse, , Minnesota. _ DRAFT - 3/6/97 Section 2: Chair and Vice Chair. The Authority shall elect a Chair and Vice Chair from its membership at its first regular meeting. The Chair and Vice Chair shall be elected by the Authority from its membership for a two year term. The Chair shall preside at all meetings of the Authority and shall perform other duties and functions as may be determined by the Authority. The Vice Chair shall preside over and act for the Authority during the absence of the Chair. The Vice Chair shall also perform the duties and functions of the Treasurer as provided for in the by-laws. If both the Chair and Vice Chair are absent, the Authority may elect a temporary chair to conduct its business, provided a quorum is present. .Section 3: Executive Committee The Authority shall establish an Executive Committee of the Authority consisting of five members, including one representative from a city, a town, a county and a regional railroad authority, as well as the Chair of the Authority. The Authority may establish such other subcommittees as may be needed from time to time. The Executive Committee shall be responsible for approving invoices within approved contract amounts, addressing personnel issues and performing such other duties as set forth in the Authority's bylaws. Section 4: Staff. Each member governmental unit shall provide staff support to the Authority, if necessary. .Section 5: Vacancies. If an appointment of any representative or alternate is vacated before the end of the term, the vacancy shall be filled by appointment by the appropriate appointing governing body. Vacancies shall be filled within thirty (30) days of their occurrence. A vacancy shall be deemed to have occurred when any of the DRAFT - 3/6/97 conditions specified in Minn. Stat. § 351.02 exist, or if a representative fails to qualify or act as an elected official. Section 6: Meetings .... An initial organizational meeting of the Authority shall be held at , on , 1997, at Thereafter, the Authority shall meet at regular meetings at such times and places as the Authority shall establish in its bylaws. Special meetings may be held on reasonable notice by the Chair or any two representatives upon terms and conditions as the Authority may determine. ARTICLE VII. FUNDING Section 1: Initial Funding, It is understood by the parties that the activities and duties of the Authority are to be funded primarily by grant monies from the United States Government, the State of Minnesota or any other association or agency. Nevertheless, the parties agree to contribute funding, if necessary, for the start-up and on-going administrative expenses of the Board (to the extent not covered by grant funds). The parties agree to contribute initial funding as follows: · Governmental units with a population of 5,000 or less shall contribute $500 · Governmental units with a population of 5,001 to 10,000 shall · contribute' $1,0(~0 · Governmental units with a population of greater than 10,000 shall contribute $2,000 DRAFT - 3/6~97 Each member shall pay its appropriate initial contribution to the county acting as fiscal agent of the Authority within 30 days of execution of this Agreement. Section 2: On-Going Administrative Expenses. A. By July 1 of each year, the Authority shall adopt an annual budget for the following calendar year, and shall determine the amount of contribution, if any, by each member. The budget and the resulting assessments shall be approved by a two-thirds majority 'of the Authority. The assessments shall be made in the same proportions set forth in Section 1. If, in any year, the amount of any contribution exceeds that estimated as each member's share toward the total annual cost, the excess shall be allocated in such manner as to reduce each member's contribution in accordance with the assessment formula herein. B. If the Authority incurs any expenses as a result of a claim for damages, the expenses and any damages paid shall be assessed against each member in the same manner as in the assessment formula described in paragraph A above, as applicable. Section 3: Time of Payment. Except for the initial contribution, all assessments made under the provisions of this Article shall be paid by each member by January 1 of each year unless the member has withdrawn PUrsuant to Article VIll. Section 4: Budgeting and Accounting Services. The Authority may contract with one of its member counties to provide any and all budgeting and accounting services necessary or convenient for the Authority. Such services shall include, but not be limited to: management of all funds, including county contributions and grant monies; payment for contracted services; and relevant bookkeeping and recordkeeping. The contracting and DRAFT - 3/6/97 purchasing requirements of the County so selected shall apply to transactions of the Authority. The chief financial officer of the County so selected shall act as controller for the Authority and shall draw warrants to pay demands against the Authority when the demands have been approved by the Authority. Section 5' Accountability for Funds. _ All funds shall be accounted for according to generally acceptable accounting principles. A report on all receipts and disbursements shall be forwarded to the Authority on an annual basis. The members have the authority to request reports pertaining to any and all budgeting and accounting services. All interest earned from established Authority funds shall be credited back to that same fund. ARTICLE VIII. WITHDRAWAL AND TERMINATION Section 1: Withdrawal. Any party may withdraw on December 31 of any year by giving written notice on or before August 1 of that year to the Chair of the Authority. Notice shall be a certified copy of a resolution of its governing body indicating its intent to withdraw from this Agreement. Upon receipt of the resolution, the Chair of the Authority shall forward a copy of the resolution to each of the members. In the event of withdrawal by any member body, this Agreement shall remain in full force and effect as to all remaining member bodies. Section 2: Effect of WithdraWal. Withdrawal by any member shall not terminate this Agreement except as provided in Section 3, herein. Withdrawal shall not act to discharge any liability incurred or chargeable to any member before the effective date of withdrawal. Such liability shall continue until appropriately discharged by law or agreement. No l0 DRAFT - 3/6~97 member shall be entitled to a refund of assessments paid, or forgiveness of such assessments owed, to the Authority. Section 3: Termination. This Agreement shall terminate upon the occurrence of any one of the following events: Ao Bo Co When members withdraw pursuant to Section 1 so that, in the judgment of the Authority, it becomes impractical or uneconomical to continue. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. When a majority of the parties agree, by resolution adopt.e.d by the respective governing bodies, to terminate this Agreement. Section 4: Effect of Termination. Ternnination shall not discharge any liability incurred by the Authority or by the members during the term of this Agreement. The Authority shall continue to operate after the date of termination only for the purpose of winding up its business and for aiding in the prosecution and defense of claims. Property or surplus money acquired by the Authority shall be distributed to the members in proportion to contributions of the contracting members. The Authority shall approve a final report of its activities and affairs and, on the expiration of thirty (30) days therefrom, shall cease to exist. ARTICLE IX. MISCELLANEOUS Section 1' Amendments. This Agreement may be amended by agreement of a majority of the parties as evidenced by resolutions adopted by the respective governing bodies. Article l! DRAFT - 3/6/97 VII, Section 2 and Article VIIi, Sections 1 and 2 may be amended only by unanimous agreement of the parties. Section 2: Records, Accounts and Reports. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practices. The books and records of the Authority shall be subject to the provisions of Minn. Stat. Chapter 13, the Minnesota Government Data Practices Act, and Minn. Stat. § 16B.0Z~. The Authority, within one hundred and twenty (1 20) days after the close of each fiscal year, which shall be January 1 to December 31, shall give a complete written report of all financial activities for such fiscal year to the parties. Section 3: Counterparts.. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Section 4: Severabilit¥. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. Section 5: Alternative Dispute Resolution. In the event of a dispute arising under this Agreement, the parties and the Authority agree to attempt to resolve their dispute by following the process described below: A. A party shall provide written notice to the Authority describing perceived conflict, positions and underlying reasons. 12 Bo DRAFT - 3~6~97 The Authority or member shall provide written response to notice with 7 days of receipt of notice. The parties shall meet within 14 days of receipt of response with a neutral facilitator. The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution. At the first meeting, the neutral fa~:ilitator will assist the parties in identifying the appropriate parties and participants in the dispute resolution process, their concerns, a meeting agenda and design for any subsequent meetings. The parties shall agree on a process for resolving the problem that would involve additional negotiations, mediation or arbitration. In developing the process, the parties will be guided by the following principles: .. 1) 'The parties will attempt in good faith to reach a negotiate~J settlement. 2) The parties agree that there must be fair representation of the parties directly involved in the dispute. 3) The parties will use legal proceedings as a last resort. 4) In the event the parties are unable to resolve the dispute, each party retains alt rights, remedies or defenses it had prior to entering the process. The parties will report to the Authority within 60 days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the date v~ritten below: 13 PUBLIC LIBRARY tlO~ OF ~R:v~T~t?S MINUTES March 4, ]997 The meeting was called to order by Vice-Chair, Pat Sowada. Those present were: Nancy Hoium, Don Jolly, Richard Hubbard, Pat Sowada, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the February 3rd meeting as mailed. The March 4th bill list was reviewed. It was moved, seconded, and passed that the bills be paid. The accounting was reviewed. Old Business: 1.) 2.) 31) 4.) 5.) 6.) 7.) 8.) Long Range Plan was reviewed and discussed. The year 2002 was added to both the capital outlay and capital improvement plans. A. Capital Outlay plan for 2002 will include shelving, and equipment replacement for a total of $21,000. B. The Capital improvement plan for 2002 will include replacement of the ceiling in both the adult and children's departments, for a total of $10,000. It was moved, seconded and passed to revise and adopt the long range plan as presented for the five year span from 1998-2002. The strategic plan for the City has been reviewed by the City' Council and is being addressed. According to Council member Jolly, a summary will be forthcoming from the City Manager after the City Council has reviewed the updates that were added. Roof leaks were reported on 2/10 and 2/20. The memo from Mark Winson concerning these leaks was reviewed. The resolution of the problem will have to wait until spring. An unattended children policy was presented and reviewed by the Board. After discussion it was moved, seconded and passed to adopt the unattended children policy as presented. Frame relay cables were re-strung onto a mast on 2/7/97. Lincoln display was highlighted on WCCO TV, Hometown News with Pat Kessler on February 17. Many people visited the display becauke of this news broadcast. A status report on the upgrading of the City computer network was presented. Three staff members have completed training on Windows 95. Jeanine and Kelly have both been trained on Word Perfect 7.0. Kelly and Jeanine's workstations have been upgraded to Pentium computers and have Windows 95 and WordPerfect 7 loaded. Further meetings with the City Attorney concerning the new security system have resulted in the decision that it must be handled by the bid process. 9.) The memo requesting a vehicle for the Jamboree Parade on June 27 was reviewed. New Business: Marsha Tubbs, Children's Librarian, sustained an injury while on duty on 2/5/97. She was transported by ambulance to the hospital, and surgery was performed on a later day. She has been out of work since that time. Her condition will be re- evaluated by the physician on 3/7/97. Her return to work date has not yet been determined. In her absence, Kelly held 8 sessions of Story time, the remainder of the sessions were canceled. Staff has been working together to cover assignments and class visits. 2.) A new page has been hired and trained, her name is Kari Kyle. She is working her first regular shift this evening, 3/4/97. 3.) The Automated Circulation System charges for 1997 were reviewed. 4.) Crossover statistics were reviewed. 5.) A memo requesting an extension for accumulation of vacation leave time beyond the ceiling for Becky was reviewed. This extension has been granted by the City Manager. 6.) The City version of the Annual Report was reviewed. The State version of the annual report was presented to the Board and signed by Vice Chair, Patricia Sowada in the absence of Board Chair, Barbara Miller. 7.) 8.) The library's hot water heater went out of service on 2/18. Honeywell covered the cost of replacement and installation of a new 50 gallon water heater on 2/19. Public Works repaired the toilet in an upstairs rest room. They also repaired the seat on the conduit in the boiler room where the fiber optic wires were pulled into the building. 9.) 10.) Adult Reading Club registrations were distributed to the Board members. Don Jolly reported that he read to the students at Valley View during "I Love to Read Month" in February. There being no further business the meeting was adjourned at 8:40 p.m. Respectfully submitted, Jeanine M. Schmidt, Secretary to the Library Board of Trustees. The CiO' of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its sen~ices, programs, or activities. Upon request, accoramodation **,ill be provided to allow b,divi&tals with disabilities to participate bz all Cio' of Columbia Heights' services, programs, and activities. CITY OF COLUMBIA HEIGHTS 590 40th AVENUE N.E., CoLumBIA HEIGHTS, MN 55421-3878 (6 ! 2) 782-2800 TDD 782-2806 MEMBERS Marlaine Szurek, Chair James Fowler Russ Paulson Gary Peterson Gary Larson PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING OF MARCH 4, 1997 The Planning and Zoning Commission meeting of March 4, 1997 was called to order by ChairPerson Szurek at 7:00 p.m. Members present were Larson, Fowler, Paterson and Szurek. Commissioner Paulson was not in attendance. Aisc present were Tine Goodroad (Zoning Coordinator), Jim Hoeft (City Attorney), Ken Anderson (Director of Community Development) and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Larson, seconded by Paterson, to approve the minutes from the Planning and Zoning Commission meeting of February 11, 1997 as presented in writing. Voice Vote: All Ayes. Motion Carried. NEW BUSINESS: Petitions, letters and requests. Public Hearing Conditional Use Permit Case #9703-07 Ace Hardware 2261 N.E. 37th Avenue Columbia Heights, Mn. Ms. Goodroad presented 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 purpose for the request is to allow the retail sale of green and flowering plants in the tent from April 21, 1997 through July 31, 1997. Ms. Boodroad informed the CommisSion that this request arid use would be the same as was conducted in 1995 and 1996. She stated that approximately eight (8) parking spaces would be eliminated directly in front of the Ace Hardware store. Two fire exits exist on the east side of the structure. MOTION by Larson, seconded by Paterson, to' recommend to the City Council the approval of the request for a Conditional.Use Permit to allow the installation of the temporary structure on the site at 2261 N.E. 37th Avenue provided a ,~500 deposit is submitted to the License/Permit Clerk prior to the installation to ensure removal at the end of.the approved time period. Voice Vote: All Ayes..Motion carried, **THIS ITEM TO APPEAR ON THE MARCH 10, 1997 cITY COUNCIL AGENDA. THE CITY OP COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE bASIS O~ DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL'OPPOrTUNITY EMPLOYER PLANNING AND ZONING COMMISSION MARCH 4,1997 PAGE 2 Public Hearing PUD Final Plan Review Case #9703-08 TVI, Inc./James Strapko RE: 4849 Central Avenue N.E. Cot~mbia Heights, Mn. Ms. Goodroad presented the request of Mr. James Strapko and TVI, Inc. for PUD Final Plan Review on behalf of the property at 4849 Central Avenue 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. Ms. Goodroad informed the Commission that 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. Ms. Goodroad stated that the only changes made to the final site drawings relate 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. GENERAL INFORMATION Applicant: Owner: Architect: Request: Location: 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. 4~57 Minnehaha Ave. S. Minneapolis, Mn. 55408. PUD Preliminary Review 4849 Central Avenue N.E. PLANNING AND ZONING COMMISSION REGULAR MEETING · MINUTES MARCH 4, 1997 PAGE 3 Zoning: Surrounding Land Uses: "RB", Retail Business North: South: East: West: "RB", Commercial (on Central) "R-2", Two-family Residential "R-1", Single Family Residential "RB", Commercial "R-1", Single 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. Ms. Goodroad stated that, as indicated on the site plan, the new construction is proposed for two uses, Subway and a hair salon. Both businesses would be completely 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. Ms. Goodroad informed the Commission that 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. In calculating parking spaces, Ms. Goodroad indicated that net floor area allows for exclusion of spaces such as window displays, fitting rooms, stairs, escalators, dead storage and heating and utility rooms. The existing building at 4849 Central Avenue totals 36,323 square feet which would require 134 parking spaces. The proposed freestanding building containing a 40 seat restaurant that would require 14 parking spaces and a 1,056 s.f. retail PLANNING AND ZONING COMMISSION MARCH 4, 1997 PAGE 4 space requiring six parking spaces would require an additional 20 parking spaces on the site for a total of 154 parking spaces. She stated that 151 parking spaces were indicated on the site. plan. Ms. Goodroad informed the Commission that, 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. It was her opinion that 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 tot would be improved. Ms. Goodroad stated that setback requirements for the "RB", Retail Business District would be fifteen feet for front yard, side yard requires no setback and ten feet for the rear yard setback. She stated that the new structure would 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. Ms. Goodroad informed the Commission that 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 (KFC) 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. Ms. Goodroad felt that the development would not change existing site grades. She also stated that Mr. Winson felt that there would 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. Ms. Goodroad stated that the proposed development would be consistent with the City's Comprehensive Plan and Zoning Ordinance. The development would be 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. James Strapko presented a site drawing reflecting changes to the parking area indicating the newly designed island near the curb cut.off 49th Avenue. Commissioner Larson had concerns regarding the width of the opening of the newly designed island area and suggested that the island 5e rounded so as to eliminate the possible problem of vehicles catching the corners of the island. He stated that the change would eliminate a couple of parking spaces but would make. for easier circulation. - _ Larry Be~man of 3846 Tyler Street was present to inquire if the sidewalks would be affected. Ms. Goodroad stated that the proposed development would be entirely inside the property and would not affect the public sidewalks. PLANNING AND ZONING COMMISSION MARCH 4, 1997 PAGE 5 Motion by Larson, seconded by Fowler, to recommend to the City Council the approval of the Final Plan for the proposed PUD at 4849 Central Avenue contingent upon Traffic Commission's review of the site plan reflecting the changes to the island area at curb cut and their approval at the March 5, 1997 meeting and that the request be forwarded to the City Codncil 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. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE MARCH 10, 1997 CITY COUNCIL MEETING. Public Hearing Rezoning, Plat, CUP, Site Plan #9703-09 Bob Williams/Jeff Bahe 3701 Central Avenue Columbia Heights, Mn. Ms. Goodroad informed the Commission that she would be presenting each case item individually, then ask for input or answer questions of the Commissioners and then open the meeting to the audience for comments. She informed the Commission that due to an administrative error, the Commission would not be able to take action at this meeting on the requests for the proposed development. Final review and formal action will need to take place at either a special meeting later in March or at the April Planning and Zoning Commission meeting. This additional time will allow the architect and owners to make any changes that could result from this meeting and submit those changes in final form for approval. A. REZ.___.__ONING Ms. Goodroad'presented the request of Mr. Bob Williams and Jeff Bahe for the consideration of rezoning properties located at 3701, 3807 and 3817 Central Avenue (east side), 3740, 3802 Reservoir Boulevard, and 3818 Central Avenue (west side, old Honda Sales site) from the present CBD, Central Business District, to a RB, Retail Business. She also stated that, in addition to the properties listed above, the City .of Columbia Heights proposes to also rezone the properties on Central Avenue between 37th and 39th Avenue on both sides and 3701 Reservoir Boulevard. She explained that 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. The additional parcels for the rezoning have been proposed in order to prevent a "spot zoning" situation. She directed the Commissioners attention to the attached Ordinance #1341 which gives the legal descriptions in full of the proposed rezoning as well as the section maps that will visually outline the area. Ms. Goodroad stated that several issues are involved with the extensive redevelopment Mr. Williams and Mr. Babe are proposing. In addition, to the rezoning, there will be a preliminary plat review, site plan review and Conditional Use Permit review. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES ~AR~H 4, 1997 PAGE 6 The property Mr. Williams and Mr. Bahe own and propose rebuilding their station on is currently zoned CBD. Because it is CBD, the existing station is non-conforming as motor fuel stations and motor vehicle repair is not a permitted or Conditional Use in the Central Business District. She stated that when Staff was first contacted about this redevelopment, discussion took place regarding how to rezone the property. Taking into consideration the proposed uses and surrounding uses, Ms. Goodroad stated that Staff is most comfortable with rezoning to "RB", Retail Business. This district allows, by CUP, motor fuel stations and repair limited to four (4) bays. Ms. Goodroad reminded the Commission that last month they recommended an Ordinance amendment that would eliminate the restriction on the number of bays. On February 24th the City Council approved the first reading of this Ordinance. Ms. Goodroad stated that the only other option for rezoning would be to "GB", General Business. This district does not limit the number of motor vehicle repair service bays. She informed the Commission that this district also allows pet kennels, pawnshops and more industrial type related businesses that are not true retail businesses like those allowed in the Central Business District and Retail Business District. Therefore, rezoning to "GB" would not be desirable on a major commercial thoroughfare as Central Avenue. Ms. Goodroad felt that Retail Business would be the district most similar to CBD and would be the most logical district for this rezoning. Ms. Goodroad explained that the reason for including all of the properties on Central Avenue between 37th and 39th Avenue in addition to 3701 Reservoir Blvd. and the other property owned by Mr. Williams and Mr. Bahe on Reservoir is to make the redevelopment area and adjacent land consistent zoning districts. No existing use in this area will become non-conforming with this rezoning although the existing homes will remain non-conforming. Residential structures in any commercial district would be considered non.conforming. With the entire area between 37th Avenue and 39th Avenue being rezoned, she felt the City would prevent any issue of "spot-zoning" for this proposed redevelopment. B. PRELIMINARY PLAT APPROVAL Ms. Goodroad presented the request for the Preliminary Plat for the Conoco Redevelopment for the Planning and Zoning Commission's review and recommendation. The proposed plat includes, only the property owned by Mr. Williams and Mr. Babe including 3701, 3817, 3816, 3807 Central Avenue and 3740 and 3802 Reservoir Boulevard. She stated that the above listed properties are the selected sites for the gas station, car wash, convenience store ' on the east side and the motor vehicle repair on the west. ~ She informed the Commission that the reason for requiring the plat is because of the number of currently individual' sites from parts of three platted subdivisions that will be combined into one plat. The plat requirement is also due to the vacating of an alley located between Central Avenue and Reservoir Boulevard which currently runs north and south through the property to be platted. She stated that the City is requiring that the alley be relocated to a site at the north end and directed towards Reservoir Boulevard. The easements required for this alley are included on the plat where a sixteen (16) foot access easement is indicated. The City is also requiring a ten (10) foot utility easement that will be situated along eleven parking stalls. She stated that the Engineering Department reviewed PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES PAGE 7 the proposed plat and is requiring a fifteen (15) foot utility easement. This correction must be indicated on the final plat. The reason for the two different easements is due to the placement of underground gasoline tanks under the access easement area, She explained that since the tanks are buried here, the City is requiring the additional utility easement over the parking stalls so that access to utilities is maintained. An access easement document will be required of the owners. Only the utility easement appears on the plat so this document is necessary. Ms; Goodroad stated that the property owner's attorney must prepare this while our attorney will review it and that this is required before the final plat is approved. This easement will be recorded against the property. The company will be completely responsible for moving the utilities. Ms. Goodroad stated that the proposed plat has met the requirements of the Zoning Ordinance for the preliminary plat review. She also informed the Commission that the Engineering Department did a review and submitted a memo with their comments. In regards to the plat, she stated that the Engineering Department will require that all existing utility easements shall be retained by the City and the required width for the proposed utility easement is required to be fifteen (15) feet. She stated that the final plat must be presented to the Planning and Zoning Commission prior to City Council review with these required changes made to it. The final plat must also specify the dedication of all drainage easements, all areas reserved for water storage and all street utility easements to the public and for the public use as specified in Section 9.403(3) of the Zoning Ordinance. The ordinance also specifies in Section 9.403(3) required spaces for signatures which must be added to the plat. Ms. Goodroad stated as a final point, Section 9.406(6), the Platting Section of the Zoning Ordinance, includes miscellaneous provisions which stipulates a dedication of land and/or cash equivalent when a new plat is completed. She informed the Commission that the Ordinance requires that each plat shall hereafter provide for a dedication to the municipality an area not less than ten (10%) percent of the total proposed area to be subdivided, less any acreage devoted to streets. This area shall consist of developable and usable land and shall be located so as to serve the present and future needs of the community for recreational or park purposes. The requirement may be waived and/or modified by the Council, after recommendation by the Planning Commission, for one of the following reasons: 1. The enforcement of this provision would act as an extreme hardship to the property owner, because of the size of the tract involved, the topography of the land (zoning areas involved) or the owner has already dedicated comparable areas in other subdivisions in the City. 2. The owner contributes a cash equivalent to the City Treasurer for the "Parks and Recreation Funds" of the City. A cash equivalent shall be a sum mutually agreed upon representing 10% of the market value of the tract in an underdeveloped state on the date the preliminary plat is submitted to the City. Ms. Goodroad reminded the Commissioners that, at the last meeting, Commissioners began discussing the idea of an entrance sign for Columbia Heights to be located at the triangle portion of the lot. on the east side. This idea was also included on the site plan where the architect drew a monument style sign at the point of the triangle. Ms. Goodroad stated that the owners do not object to the placement of this signage but, most likely would want to discuss the full dedication required in the Ordinance. Ms. Goodroad directed the Commissions attention to a list of the properties in the redevelopment area, size of each lot and values of land, building and total based on taxes payable in 1996 that were included in the agenda. PLANNING AND ZONING COMMISSION REI3UI.,~R MEETING - MINUTES MARI~'R 4, 1997 PAGE 8 Address Lot Size Land Value Buildinq Value Total 3701 Central Avenue 13,174 102,800 86,200 189,000 3807 Central Avenue 4,019 35,100 8,700 43,800 3814 Central Avenue 14,223 66,000 49,700 115,700 3817 Central Avenue 4,172 21,000 39,000 60,000 3828 Central Avenue 13,065 65,300 10,600 75,900 3740 Reservoir Blvd. 5,220 22,000 47,200 69,200 3802 Reservoir Blvd. 6,136 22,000 44,300 66,300 TOTAL 60,009 334,200 285,700 619,900 10% 6,000.90 33,420 28,570 Ms. Goodroad informed the Commission that the following items would need to be addressed on the Final Plans and included in any recommendation for approval of the plat. 1. The final plat must indicate the new utility easement of fifteen (15) feet and that all final requirements in Section 9.403(1-4) are completed. 2. The Planning and Zoning Commission recommends to the City Council that be required prior to the final plat approval. (land or 8) dedication 3. Access easement be prepared by the owners attorney and approved by the City Attorney prior to Final Plat Approval. C. SITE PLAN Ms. Goodroad presented the request of Mr. Bob Williams and Jeff Bahe for Site Plan approval for the redevelopment of the Conoco Station at 3701 Central Avenue. The area for the development encompasses several sites on the east and west sides of Central Avenue. In order for this development to occur, the rezoning ordinance must be approved in addition to this site plan and two Conditional Use Permits. The site plans submitted are broken up with each drawing showing only one side of Central Avenue. Ms. Goodroad addressed each side of Central Avenue separately. EAST SIDE ~-~. .. Ms. Goodroad stated -that, as the site plan indicates, the east side would contain one structure including a car wash and ten (10) fueling stations. The structure is planned to be two stories with the main floor totaling 7,490 square feet plus a carwash of 1,900 square feet for a total of 9,390 square feet. The second floor will contain 8,845 PLANNING A~D ZONING COMM~$$10N REGULAR MEETING - MINUTES PAGE 9 square feet. The main floor will serve as the convenience store with the second floor containing office space and a possible express type restaurant. Ms. Goodroad stated that both uses, the gas station and restaurant, will require. Conditional Use Permits. She informed the Commission that the ten fuel stations (five on each side) will be located directly north of the building with the entry to the building facing the i~uel stations. She stated that all required zoning setbacks have been met at the east side. Additional setbacks would be required under Section 9.116(18) of the Motor Fuel Section of the Zoning Ordinance which requires the setback of any canopy or weather protection, freestanding or projecting from the station structure, to be not be less than ten (10) feet from an abutting property line. The site plan indicates a ten (10) foot setback on the west side of the canopy. This is the only canopy side near a street right of way. Ms. Goodroad also stated that Section 9.116(18) of this same ordinance requires a ten (10) foot landscaped yard to be provided along all abutting public right of way lines, except where approved driveways occur. The drawing indicates landscaping along Reservoir Boulevard which is the main concern as residents are impacted. However, only a five (5) foot area with landscaping is dividing the property line and parking area. There is also a ten (10) foot utility easement on the east side facing Reservoir Boulevard which appears to indicate landscaping of trees. Ms. Goodroad felt that this needed to be clarified to ensure the requirement is met. Ms. Goodroad stated that Section 9.119(4)(t,u,v) of the Zoning Ordinance requires retail businesses 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. Office space is required to have at least one (1) parking space for each two hundred (200) square feet of net floor area. She added that net floor areas allow for exclusion of spaces such as window display, fitting rooms, stairs, escalators, dead storage and heating and utility rooms. The 4,800 square foot main level of the retail area would require 24 parking spaces with the 1,000 square foot upper level retail requiring five (5) parking spaces. The second floor office area would require 15 parking spaces based on 3,000 square feet of area, The main floor deli area would require two (2) parking spaces with the upper floor'restaurant requiring ten (10) spaces based on seating capacity. The total number of parking spaces required for this site would be 56 spaces with 56 spaces shown on the site plan. Ms. Goodroad stated that the required handicap spaces of two van accessible spaces are also being provided. All other parking spaces must be 9' x 20' as indicated on the site plan. Ms. Goodroad informed the Commission that on the east side of the 'lot. a ten (10) foot utility easement has landscaping planned as well as five (5) feet in front of the nine (9) parking spaces. In addition to this, trees are planned at the northeast corner of the building, along the east side and at the south end of the building. She stated that a retaining wall and a six (6) foot high fence is providing the required screening for the abutting residentially zoned area at the northeast portion of the lot. The northwest side abuts a commercial zone, thus, only the retaining wall will separate the uses. Ms. Goodroad informed the Commission that any outdoor storage of trash or dumpsters must be stored and screened in a separate enclosure and remain closed when nSt in use. PLANNING AND ZONING COMMISSION REI3ULAR MEETING - MINUTES MAR~;H 4., 1997 PAGE 10 Ms. Goodroad stated that specific lighting plans have not been submitted. Section 9.116(18)(9) of the Motor Vehicle Station portion of the Zoning Ordinance does stipulate that the "outdoor lighting system shall be approved by the City and shall be so designed to prevent any undue light therefrom being directly visible from the public right of way or abutting lots". She suggested that a lighting plan can be made by Staff when construction drawings are submitted. Entrances into the east site have a few new changes. She stated that because Central Avenue is a State Aid Highway, the Minnesota Department of Transportation (MNDOT) will review the proposed plat and Site Plan in regards to this new curb cut and make changes/recommendations they feet are appropriate. Approvals of the Site Plan will be contingent upon MNDOT approval. She informed the Commission that the Traffic Commission will also review these plans at their next meeting on March 5, 1997. Ms. Goodroad informed the Commission that a curb cut is proposed at the south end on the west property line to serve as delivery only. This will be used for delivery of retail goods into the store. Going north along Central Avenue, an existing curb cut is proposed for abandonment with a new curb cut to be located five (5) feet north of where the existing one ends. Then 44.83 feet north of this new curb cut is another proposed curb cut for a total of three new curb cuts on the west side of the property. Each curb cut is planned to be twenty-four (24) feet wide with the delivery curb cut at twenty-eight (28) feet. The two curb cuts on the north portion will aid in accessing the fueling stations and parking area. Both will also serve as an entrance and exit. On the west side a curb cut is proposed where the new alley is located. This will be the only access to Reservoir from this alley. This curb cut wilt also serve as an entrance/exit to the station from Reservoir Blvd. Finally, a second curb cut on the east side is planned at the south end for an "exit only" out of the car wash. The proposed car wash is 100 feet long located on the east side of the building. There is one entrance on the north with a heated apron supplied at this north end and at the exit to prevent ice build-up. Ms. Goodroad stated that an access easement (replacement of the alley) of sixteen (16) feet is being provided at the northeast portion of the lot. This access easement will allow for public use of the alley. North of this easement is a fifteen (15) foot utility easement where eleven (11) parking spaces are planned. The gasoline tanks are planned to be located in the same area as the access easement. She stated that this issue was reviewed by Mark Winson, City Engineer, who is satisfied with the requirement of these two easements. Other site related issues raised by Mr. Winson include: 1. Review and approval of the proposed grades and drainage will be required by the Engineering Department. 2. Apron construction through the sidewalk areas must be designed for the convenience and safety of pedestrian traffic. 3. The property owner retains ownership and responsibility for all monitoring wells on the property and in the right of way area. These issues will be contingency items of the site plan approval. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES PAGE 11 Ms. Goodroad stated that Staff has reviewed all site related issues and is satisfied with the plan as long as contingency items are completed prior to isSuance of an occupancy permit. She informed the Commission that staff has received a number of telephone calls from neighboring property owners relating to this development expressing concern over the impact of this development on the residential properties in the area. Most concerns related to noise, hours of operation and lighting. She directed the Commissioner's attention to one letter expressing specific issues with the development which has been included in the back of the agenda packet. WEST SIDE Ms. Goodroad stated that, as the site plan indicates, the west site would be used strictly for motor vehicle repair. This use is contingent upon the approval of the rezoning to "RB", Retail Business as "RI]" is the only district in which minor motor vehicle repair is allowed. A Conditional Use Permit would also be required. Ms. Goodroad informed the Commission that the west site is designed to have parking located along the south and east property lines. The building is designed to have ten (10) service bays. Bay 10 and 9 are for quick lube work only and are the only bays with an exit onto the alley. This is allowed only with a twenty (20) foot building setback at this portion of the building. All other bays will enter/exit on the east side or front of the building. Total square footage for this structure is 8,280 square feet. The owners do plan to use a portion of the main level and basement level for storage and conduct small engine repair in the middle of the structure where the entrance is located. In this same area a waiting room and limited retail sales of parts will be conducted. All setback requirements are being met at this site. Ms. Goodroad informed the Commission that Section 9.116(4)(s&t) of the Zoning Ordinance requires motor vehicle repair to have at least six (6) parking spaces plus two (2) off-street parking spaces for each service stall. Retail use requires one space for each two hundred (200) square feet of net floor area. She stated that the parking calculations for the west side will require twenty (20) spaces for the ten service bays, five (5) spaces for the 1,000 s.f. service shop area and four (4) spaces for the 800 s.f. retail area for a total of 29 parking spaces. She stated that 29 parking spaces are indicated on the site plan. · She informed the Commission that the appropriate size of stalls are being provided at this site as well as one . required handicap van accessible space. Ms. Goodroad stated that landscaping plans on the west side include plantings and trees. Plantings are proposed at the northeast and southeast corners where pylon signage is proposed. Trees are provided along the rear of the building in addition to a screened-in area for a patio planned strictly for use by employees. Both the trees and screening abut the alley, not directly with another property. Trash will be kept within the structure as indicated at bay 8, therefore, no outside dumpster enclosure is required. She stated that if, in the future, any waste of any kind is left outside, an appropriate enclosure would be required. She further stated that no additional screening is required on the north or south ends of the site as the abutting properties are both commercial. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES N~,RC, H 4, '~997 PAGE 12 Ms. Goodroad informed the Commission that the west site will use an existing curb cut located at the southeast end. A second curb cut is proposed at the north end to allow for two accesses. Both curb cuts will be 24 feet and this plan will be reviewed by MNDOT. Ms. Goodroad stated that since the building is situated towards the rear with parking in front and to the south side, traffic movement within the site should not be a problem. The Engineering'Department reviewed this plan and their only requirement was for a twenty (20) foot setback for the quick lube bays at the south end of the building (as shown) be required. No additional easements or engineering requirements have been identified. Ms. Goodroad stated that specific lighting plans have not been submitted for this site. Section 9.116(t8)(g) of the Motor Vehicle Station portion of the Zoning Ordinance does stipulate that the "outdoor lighting system shall be approved by the City and shall be so designed to prevent any undue light therefrom being directly visible from the public right of way or abutting lots". Lighting techniques can be developed at this site to eliminate any negative lighting effects for the neighbors. She suggested that approval of a lighting plan could be made by Staff when construction drawings are submitted. Ms. Goodroad stated that elevation drawings have been provided which illustrate the design of the front of each building. Materials used for the exterior consist of brick and pre-fab decorative metal, glass and other design elements. The following are contingency items that Ms. Goodroad stated must be resolved before approval of the west side site plan: 1. Approval of second reading of Ordinance 1340 (eliminating the restrictions on the number of bay). 2. Approval of first and second reading of Ordinance 1341 (rezoning of redevelopment property). 3. Approval of Final Plat. 4. Review and approval of the proposed grades and drainage by the Engineering Department. 5. Apron construction through the sidewalk must be designed for the convenience and safety of pedestrian traffic. 6. The property o~vner retains' ownership and'responSibility for ail monitoring wells on the property and in the right of way. 7. All building construction drawings be approved by the Building Official, Engineering Department' and Fire Inspector. -:- _, 8. Plat and Site Plan be app['oved by the Traffic Commission. 9. Plat and Site Plan be approved by MNDOT. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES PAGE t3 D. CONDITIONAL USE PERMITS Ms. Goodroad presented the request of Mr. Bob Williams and Jeff Bahe for two Conditional Use Permits to operate a motor fuel station with repair and a restaurant and to allow the construction of the new station on the east side and repair on the west. She stated that Section 9.113(2)(g-h) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit to operate a motor fuel station (minor) and major fuel stations 'with minor repairs (not to exceed four (4) bays) subject to Section 9.117. A CUP is also required for a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and prepared food delivery establishments as such establishments are defined in Section 9.103(63). She informed the Commissioners that the second reading of Ordinance 1340 will still require a CUP for motor vehicle repair but the restriction on the number of bays has been eliminated. Ms. Goodroad informed the Commission that a convenience store on the east side will contain a deli on the main floor and an express style restaurant on the upper level. The west side will contain an 8,280 square foot structure for motor vehicle repair with ten (10) bays, two of which will be used strictly for quick lube. The approval of the Conditional Use Permits will be contingent upon the approval of the site plan as welt as the other planning related requests for this redevelopment. She felt that it should be clarified that appropriate parking is being provided for each use, setbacks are being met and required screening is provided. Ms. Goodroad stated that the Conditional Use Permits are effective for one year from approval. If the owners fail in getting a restaurant operating in one years time, this CUP approval will have to be reviewed. Ms. Goodroad re- iterated that Conditional Use Permits are also helpful if problems with the site develop. Any CUP can be reviewed by the Planning and Zoning Commission and even revoked if violations of the permits are identified and brought into compliance within an appropriate time frame. Ms. Goodroad informed the 'Commission that the following items must occur before the Conditional Use Permits would be valid: 1. Approval of second reading of Ordinance 1340 (eliminating the restriction on tl~e number of bays). 2. Approval of first and second reading of Ordinance 1341 (rezoning). 3. Approval of Final Plat. - 4. Approval of Site Plan and related site plan contingencies. Ms. Goodroad informed the Commission that the Fire Department was not Satisfied with the proposed location of the propane tank as the proposed location did not meet codes as far its location to streets and vehicle parking and a barrier would be required around the tank. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 4, 1997 PAGE t4 Commissioner Larson addressed the delivery entrance on the east side of the gas station site stating that the opening must be clearlY identified by signage stating "deliveries only". Commissioner Fowler inquired if there would be a truck/trailer rental operation on the east side. Ms. Goodroad stated that no truck/trailer rental or storage will occur on the new development Site. She also informed the Commission that the tow trucks would be parked at the west site on the north and south end of the proposed development. Commissioner Szurek opened the public hearing to the large group of people in the audience. Larry Beaman of 3846 Tyler Street walks a lot and was concerned about the sidewalks being cleared of snow and ice and about vehicles backing out onto and parking over the sidewalks at both sites. His concern was about pedestrians being hit by vehicles when there is no access to the sidewalks. Carla Redmon of 3733 Reservoir Boulevard expressed concerns about the noise and music emanating from the current site at all hours of the night. She stated that she had called the owners as well as the Police Department with little satisfaction. Aisc concerned about cars from the station parked along Reservoir Boulevard and felt that would increase crime. She felt that the new development would increase the traffic into the residential neighborhood with the alley dumping traffic from the site onto Reservoir Boulevard. She was also not in favor of the parking of vehicles along the east side of the site abutting the residential area. Jeff Babe, one of the owners, stated that the new station would have a time-delayed music system to be installed where currently the music is operated manually at the descretion of the employees. He stated that the lighting to be installed would eliminate any dark spots at the site. Duane Enget, architect for the proposed development, stated that the light fixtures to be used at the new development are shielded light fixtures which are a type of "shoebox' fixtures that direct the light downward only and not out. Jeff Redmon of 3733 Reservoir Boulevard was present to state that he has lived at his property for three years and has tried to get the owners to do something about the music problem with little result. He was also concerned about the spillage of traffic onto Reservoir Boulevard. Mr. Babe stressed his commitment to the community by his investment in rebuilding his business as ho'intends.on · being in the community for some time into the future. ~' Mr. Engel stated that top quality building products will be used in this development. He showed the Commission and audience a large picture of the newly constructed station at 494 and France stating that the Columbia Heights site would resemble this development.- Kathy Mahoney of 3814 Reservoir Boulevard was surprised at the size of the proposed building on the east Side of Central stating that "it is huge"! She informed the Commission that she moved into the neighborhood about a year ago. Her house is one building away from the station site. She expressed concerns with the fact that the PLANNING AND ZONING COMMISSION REGULAR ME£T1NG - MINUTI:S PAGE t5 station never removed snow from their sidewalks forcing people to walk in the street. She also was concerned about the amount of traffic this site would dump onto Reservoir' Boulevard. She stated that there was an ongoing problem with the loitering of friends of employees and other folks at the current site as well as noise problems and problems caused by vehicles being driven up and down the local streets by employees. Bobby Williams, also an owner of the proposed development, expressed his commitment to a new standard of operation that he felt would deter crime with the installation of cameras and monitors installed inside and outside of the building. He will require that his employees be more professional. He informed the audience that he works himself every day at the station at 494 and France and really enjoys receiving the compliments received from patrons regarding how nice the operation looks. He stated that Jeff Babe has worked with him since he was sixteen and has seen him mature and become responsible for the operation of the Columbia Heights station. He was proud of the fact that a 1957 Chevy will be displayed in the second story of the proposed south site. Mr. Williams stated that he will install underground cable in the whole lot to melt the snow so that there won't be a problem with clearing the lot. The sidewalks will, however, have to be cteaned by employees of the station. Sue Amenson residing at 3741 Reservoir Boulevard also complained about the sidewalks not being cleared. She also addressed the length of time it took to secure the fire-damaged garage that Mr. Babe owned at 3740 Reservoir. She also had complaints of the neglect and failure of Mr. Babe to cut the grass and perform general maintenance at the rental properties he owns as well as at the station site including the raking of leaves and removal of debri collected at the site. She was also upset that vehicles from station employees and customers were parked on the street in front of the residences rather than in front of the station. She asked how Mr. Babe is planning to change and work with the neighborhood rather than against the homeowners. She inquired as to how the City will ensure that the owners of the station maintain their property and observe the City laws and ordinances that everyone is expected to follow. Mr. Bahe apologized stating that he had no excuses for the problems created by his operation. He stated that he could only move forward. He felt that owning and operating rental property is a tough business. He did not demolish the fire damaged garage as it was in his plans to eventually remove all the structure at the same time in preparation of the area for this development. Again, he stated his commitment to the community. Dr. Gary Good of 3827 Central Avenue was pleased that the development will provide lighting up to his site. He was, however, concerned with the drainage in the alley as it was proposed especially where the turn is located as the water could tend to "pond" at that point, freeze and become hazardous. He also stated that the alley is not a very wide alley to allow so much traffic to use it. This atley is the only way traffic traveling south can exit the site to get back to Central Avenue. He also informed the body that he has heating coils in the slab at the rear of his office that have been used once. The coi~s worked well, however, the water from the melt ran down the' alley and created a very slippery situation. He felt that proper drainage woutd be necessary if heat coils were to. be used at the new development. Mr. Engel stated that catch basins would have to be installed on the site to remove the water safely and efficiently. PLANNING AND ZONING COMMISSION RI~GUL,~R MEETING - MINUTES N~R'CH 4, 1997 PAGE 16 Katie Zeleny of 3827 Reservoir Boulevard expressed problems with the lack of sidewalk maintenance at the current Conoco site. She was opposed to removing residential homes from the area for the development of commercial properties. Leonard Bolstad of 394t Reservoir Boulevard expressed his concerns with the proposed restaurant at the site due to the type of people that will frequent the business from the Hi-Lo Motel across 37th Avenue. He expressed his disdain for the type of operation conducted on the Minneapolis side of 37th Avenue and asked if there wasn't something the City of Columbia Heights could do to encourage something to be done with the motel. He did not approve of the type of people housed at the motel and expressed concern that some of these people were spilling over into his residential area creating problems and that a restaurant would encourage them to come into Columbia Heights. He stated that if this proposed development would decrease the residential property values in the area, he would be against the proposal. William Johanek of 3713 Van Buren Street saw the restaurant as a hangout. He stated that he already had a lot of foot traffic through his property on the west side of Central Avenue by people going to the Conoco property. He also addressed the speed of the traffic through his alley on the west side of Central and suggested speed bumps be installed. Had concerns with the amount of traffic the proposed service bays operation would dump into the alley as some of the doors open onto and access only to the alley. Mr. Enget stated that the west side development may be changed so that none of the doors access onto the alley. Tony Watercott of 3820 Reservoir Boulevard stated that he lived three houses to the north of the statiOn on Reservoir Boulevard. He inquired as to who would use the office space.and if it was really necessary. He also asked "why another restaurant? Restaurant row is farther up on Central Avenue and the area does not need another one." He did not agree with the demolition of residential structures being removed for the construction of commercial properties. He also wanted to know why the proposed development was set on the lot facing the · residential area. He did not appreciate the fact that he would have to look at the structure out his kitchen window. He suggested that the office area be placed over the service bays on the west side of Central Avenue. He felt that this new structure would bring crime further into the residential area stating that Reservoir Boulevard was the nicest neighborhood in Columbia Heights and why "wreck it".' He inquired of Staff as to how much the area residents would be assessed for this development and any of the changes involved. Ms. Goodroad responded that the development would be entirely financed by the owners and no financial commitment would be made by the City. Dave Mahoney of 3814 Reservoir BOulevard was concerned that the alley was too much an integral part of the development. He felt that the alley should be used as a buffer area between the station and the residential area and not be used to move traffic from the station site. He was against commercial being dumped onto the residential area. He felt the residential area should be left as a residential use. Commissioner Szurek asked the owners and architect Why the alley was drawn in this manner to be used for parking area of the development as it created a dangerous situation. It was her opinion that the alley be behind the parking area. PLANNING AND ZONING REGULAR MEETING - MINUTES ~IA~C~ 4, 1997 PAGE 17 Mr. Engel stated that it was difficult to obtain the required number of parking spaces for the site without this area. He stated that perhaps this area could be used for employee parking only. Ms. Goodroad stated that the site has been layed out as proposed due to the proposed location of the underground tanks. Barbara Brody of 3805 Resevoir Boulevard asked the hours of operation of the station and what type of station it would be. She was informed that the station would be a Mobil station and would be open 24 hours. Ms. Brody expressed concerns with the location of the propane tank on the residential side of the building. She also stated that she would prefer to see the use of a privacy fence along Reservoir Boulevard for screening and then the landscaping. Commissioner Larson stated that the best location for the propane tank would be on the west site. There the employees would be readily accessible to help the customers to fill the tanks, there would be less congestion at the west site to allow the tank to be located properly and enclosed and it should be away from the residential areas. He also stated that the installation of privacy fences should be considered closely as fencing allows for dark areas and creates places for people to hide. Harold Hoium of 4315 N.E. 5th Street was concerned about the possibility of the propane tank being installed underground at the east site. He stated that there could be the hazard of a possible rupture of a huge water main if an explosion occurred as that main serves Minneapolis. Melinda Koosman of 3927 Reservoir Boulevard had a number of concerns related to the fact that Columbia Heights is a first ring suburb of Minneapolis. She felt that a neighborhood was being turned into a commercial area. She questioned if the traffic on Central Avenue and this area warrants a building this size. With the hours of proposed operation and the negative impact this development will have on the adjacent residential area, she told Mr. Bahe that his commitment was not to the neighborhood but to his business. She encouraged him to purchase the hotel across 37th Avenue and "clean up that tired old place". Brigham Fanning, new store manager for the Conoco station, stated that he has been at this site for six weeks and will address the concerns expressed by the residents. He stated that he will do everything he can to change those problems that are in his control such as the noise, sidewalks, etc. He made a personal commitment to the residents to resolve concerns. Annette Lausten of 3912 Reservoir Boulevard stated that she has lived'in the area for twenty years. She felt that this type of structure does not belong in a small community as Columbia Heights. It would be more suited along a freeway. James Pastuszak of 3933 Reservoir Boulevard stated that he moved into a residential area and does not want more noise, more traffic, etc. PLANNING AND ZONING COMMISSION REGULAR ME~:TING - MINUTES MARCH 4, 1997 PAGE 18 Lisa Watercott of 3820 Reservoir Boulevard was against the rezoning of the area. It was her opinion that the scale of this development Cannot work in a- residential area. She stated that she heard rumors regarding the construction of an overpass or tunnel connecting the two developments and asked for clarification of that possibility. The owners stated that was not a possibility. Ms. Goodroad stated that there was an initial proposal for something to that effect. However, the two sites do not line up evenly to allow such a proposal nor would it be allowed' by MNDOT. Karen Frauly of 3717 Reservoir Boulevard stated that she bought her house two years ago with the station open until midnight. Her concerns were with the proposed extended hours, the operation of a restaurant at the site, the parking of vehicles on the street, and especially the loud people using the exterior telephone booths at all hours of the night. Mr. Bahe stated that the telephone will be inside the proposed building so as to eliminate the problem of improper USe. Council Representative Peterson pointed out to the owners that the site plan indicated an exterior telephone proposed in the parking area on the north end at the alley. He stated that if the phone was used by someone in a vehicle, the alley would be blocked. Not a good idea. Mr. Engel stated that the phone would be eliminated from that area. Commissioner Szurek recessed the public hearing at this time to be reconvened at the next meeting and asked for questions and comments from the Commissioners. Ms. Goodroad outlined the concerns she felt that would need to be addressed by the applicants before the rezoning could be approved. Those items included the location of the alley, the dedication of land for the plat, the location of the propane tank, how the noise problem would be addressed, a lighting plan must be submitted, the hours of operation addressed for the restaurant and grocery store, on-site parking plan, on site snow removal and storage to be addressed and, if heat coils are to be used, the locations of the catch basins on the site and catch basin design must be submitted. Commissioner Larson suggested the alley be changed to a one-way alley north to south. He suggested the alley be separate from the parking area. Council Representative Peterson stated that the alley is at the'top of his concerns. He stated that he has never been in favor of one way alleys nor is he in favor of the alley serving the proposed development. He felt that the proposed project did not blend appropriately with the residential area it .abuts and therefore, would not be a' workable situation. He stated that the proposed development is "too much" for this site. He stated that the lack of a proper buffer between the development and the residential area could cause the loss of a residential nature. It was his opinion that the alley should be off-site and for residential use only. PLANNING AND ZONING COMMISSION REGULAR MEETING . MINUTES MARCH 4., 1997 PAGE 19 Commissioner Larson addressed the lighting of the site and stated that, if done properly, it would be a positive for that corner. The site would need lighting at the east side of the building along the car wash so that there are not any dark spots. He would like to see a plan dedicated to the proposed lighting of both sites. As far as the music and noise at the site, he suggested that the owners find out what decibel level is allowed for different hours of the day and have the system adjusted accordingly also taking into granted the time of year when natural buffers 'are less. He stated that it would make more sense 'if the propane tank were relocated or eliminated totally. Council Representative Peterson asked why the propane tank could not be located on the west side of Central Avenue where the mechanics and staff are equipped to work with the customer, there is more room, etc. He also stated that the final plans should show the building on the east side to be equally attractive on all sides as this site is a highly visible site as the entrance to the City on the south. Commissioner Larson addressed the landscaping and lighting for the east side development as being very important. He felt that downlighting on the site and proper application for landscaping the site could make the site look tess commercial and less obtrusive for that corner. He recommended the landscaping show continuity of materials used through the development. He also addressed the hours of operation stating that he uses this station frequently at 4:00 a.m. to fill up with gas for fishing trips during the summer. He prefers to use this station as other areas are more congested and would hate to have to drive to an interstate to purchase gas. He addressed the snow removal issue and clearing of the sidewalks and asked the applicants what their plan was to resolve these problems. Mr. Babe stated that heating coils would be installed in the lot with catch basins and the sidewalks would be cleaned with the snow placed inside the site. Ms. Goodroad restated that this information would be required to be indicated on the site plan. Commissioner Larson recommended that property be dedicated as a requirement of the plat for landscaping at the point for the City entrance whether the landscaping be done by the owners or by the City or a combination of land and money be dedicated to fulfill the requirement. Council Representative: Peterson reiterated that the proposed plans should show a better blend between the commercial development and the residential neighborhood. Commissioner Larson stated that the duty of the Planning and Zoning Commission is planning and to consider where the City will be at. ten years,, fifteen years and twenty years into the future. He felt that this is a prime piece of commercial property and with the proper development set back on the site, the tone for major development of the area could be set at this corner as the motel and car lot on the south side of Central Avenue in Minneapolis will eventually be gone. Ms. Goodroad stated that an area at the point of the east development site on the site plan indicates City landscaping area. Discussion was held regarding the park dedication requirement of land or cash and how the land value would be calculated. * PLANNING AND ZONING COMMISSION MARCH 4, 1997 PAGE 20 Commissioner Fowler asked what type of restaurant the owners were considering. Mr. Babe stated they were hoping to have a Perkins Express operation that has some bakery/food items from a smaller menu than the ful~ scale restaurant. Ken Anderson, Director of Community Development, stated that, due to the many concerns based on past practices of the owners/operators, perhaps the City should consider a performance security in the form of cash to ensure conformance with requirements/ordinances. If not in compliance or the issue is not addressed within a certain amount of time, the bond could be drawn upon. Commissioner Larson stated that he hates those bonds and types of agreements as they take away from the money that could be put into the development. He stated that the City is not a banker. He felt that if a problem arises and is not resolved, the City could correct the problem and assess the cost back to the property on the taxes. Attorney Hoeft felt that a good majority of concerns expressed involve enforcement issues. He stated that the Planning and Zoning Commission appreciated the input of the residents but the comments are better directed to the Police Department. If they are not resolved at that point, he recommended that the residents direct the problems to the City Council. Ken Anderson questioned the Commission on the direction Staff should take regarding the park dedication requirement of land or money. Commissioner Szurek asked to see some designs, use of materials such as stone or block, and what size of sign could be placed in the area depending on how much area the City would be granted. Commissioner Larson stated that the landscaping should be long-lasting, Iow maintenance and that the architect and owners should work with Staff on what could be designed for whatever area to be dedicated. Discussion was held regarding when the next meeting should be held to review the final plans for this development. Ms. Goodroad informed the Commission that these items would be I~resented at the City Council meeting of March 10, 1997 as it has already been advertised in the newspaper for a public hearing for this development assuming that approvals would have been granted at this meeting. A special Planning and Zoning meeting was considered to be held during March. However, it was unknown as to when the architect could have the final plans completed addressing the items from this meeting.~ It-was noted that the public hearing notices announcing the meeting would have to be mailed, a minimum of ten days prior to the public hearing date. With this in mind, the Commission decided that the final plan would be reviewed at the next regularly scheduled meeting of April 1, 1997 as any meeting held after March 24, 1997 would not be reviewed for final decision of the City Council until the first meeting in April which would be the same day if the plan was reviewed at the April 1 meeting. Motion by Larson, seconded by Fowler, to table these-items to the April 1, 1997 Planning and Zoning Commission meeting. Voice vote: AIl Ayes. PLANNING AND ZONING COMMI$$10N MARCH 4, 1997 PAGE 21 5. Staff Reports. Ms. Goodroad informed the Commission that the City was notified that the Minnesota Design Team has selected Columbia Heights for a screening visit on March 7, 1997 at 7:00 p.m. in the Council Chambers. She stated that this visit is the second step in the application process and encouraged all to attend.' She informed them that three steering committee members from the Design Team will meet with Staff, Commission members, Council members, business owners, citizens and other volunteers to obtain a clear understanding of the support the City has for their visit and to find out where the City needs assistance. MOTION by Larson, seconded by Peterson, to adjourn the meeting at 10:30 p.m. Voice Vote: All Ayes. Motion carried. mitted, License 'Permit Clerk kp COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING OF FEBRUARY 12, 1997 CALL TO ORDER. The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Peterson at 7:00 p.m. on Wednesday, February 12, 1997, at the Parkview Villa Community Room B, 965 40th Avenue N.E., Columbia Heights, Minnesota. ROLL CALL. Commissioners Present: Richard Dustin, Joseph Sturdevant, Patricia Jindra, Gary Peterson, Donald Jolly, and Meg Jones; Absent: Robert Ruettimann. Staff Present: Walter Fehst, Executive Director; Kenneth Anderson, Deputy Executive Director; Becky Townsley, Secretary; Shirley Barnes, Crest View Lutheran Home. Others Present: Attorney Steve Bubul, Kennedy and Graven, Joseph Strauss, Carolyn Olson and 3 GMMHC staff members, Donna Hams, Renie SUfka, Opal Baker, Pat and Reuben Bush, Irene Sufka, Mary Harris, Ruth Hillestad, Alpha Hermanson, Edna Kemnitz, Helen Winters, Winifred Fischer, Dorothy Keller, Marianne McCoy, Dorothy Salvier, Sally Parkin, Irene Juhasz, Dorothy Smetana, Kenneth Johnson, and Ann Sporlein. ;tDMINISTER OATH OF OFFICE TO COMMISSIONERS. Walt Fehst, Executive Director had the EDA Commissioners raise their right hand and administered the Oath of Office as EDA Commissioners. Each Commissioner signed a printed copy of the Oath that was then notarized and will be filed in the Community Development office. PRESENTATION OF PLAQUE IN RECOGNITION OF FORMER COMMISSIONER SEBE HEINTZ. President Peterson said a few words regarding the many years of service that Sebe Heintz has devoted to the City of Columbia Heights as a City Councilmember, and 19 years as HRA/EDA Commissioner. He then presented Sebe a plaque of appreciation and also gave a plant to Sebe's wife Deloris for her sacrifices in sharing Sebe with us in his contributions to the community. APPROVAL OF MINUTES. MOTION by Jolly, second by Jindra, to approve the minutes of the December 11, 1996, regular meeting as presented in writing. Ail voted aye. MOTION CARRIED. APPROVAL OF BILLS. Ken Anderson reviewed the List of Bills and answered the Commissioners questions. He noted the payment of two invoices for services in 1996 at Parkview Villa which had been informally approved previously by the Commissioners. One bill was to Sims Security in the amount of $1,945.22 and the other was to Gebert Floor for installation of carpeting in the amount of $3,933.30. MOTION by Dustin, second by Sturdevant, to approve the payment of the bills as listed. All voted aye. MOTION CARRIED. EDA REGULkR MEETING MINUTES FEBRUARY 12, 1997 PAGE 2 ANNUAL ELECTION OF OFFICERS. Mr. Anderson handed out a Transcript of Proceedings regarding the election of officers for the EDA. Mr. Anderson recommended that an adjustment be made to the office of Treasurer, because of the way the check approval process works. The City Council approves all City checks, including the EDA checks, and it is required by EDA statute that all checks are signed by the Mayor, the city Manager, and the Finance Director, therefore it would be appropriate for the EDA to elect the Mayor, (who was just appointed by the City Council to serve on the EDA Board) to the office of Treasurer. MOTION by Jolly, second by Sturdevant, to cast a unanimous ballot with the exception of the office of Treasurer for which he nominated Joe Sturdevant; for President, Gary Peterson; Vice-President, Robert R- uettimann; the Community Development Secretary as Secretary ex officio and the Community Development Director as Assistant Secretary ex officio; the Finance Director of the City of Columbia Heights as Assistant Treasurer ex officio. ae B. C. D. E. F. President Vice-President Treasurer Secretary Assistant Treasurer Assistant Secretary - Gary Peterson - Bob Ruettimann - Joe Sturdevant - Becky Townsley - Bill Elrite - Ken Anderson AI~ voted aye. MOTION CARRIED. REPORT OF THE EXECUTIVE DIRECTOR. A. Parkview Villa Report. In the absence of Jim Bettendorf, Housing Manager, reviewed the written Parkview Villa Monthly Report Commissioners questions. Shirley Barnes and answered B. Deputy Executive Director Report. Ken Anderson asked if there were questions regarding his monthly written report. Mr. Anderson then reported that he had received a phone call from Commissioner Ruettimann, who had asked that an EDA subcommittee be assigned to look at issues regarding the past HRA Audit and the steps that will be taken for 1997 to make sure that there are no inconsisten- cies or problems in the first year audit for the EDA. MOTION by Jolly, second by Jones, to appoint Commissioner Ruettimann to a subcommittee working with staff to review the HRA/EDA Audits. All voted aye. MOTION CARRIED. FEBRUARY 12, 1997 PAGE 3 Mr. Anderson reported that a resident of Parkview Villa had contacted him and stated that some of the residents were experiencing problems with the new carpet that had been laid in the common area of Parkview Villa. Renie Sufka, a tenant who uses a wheelchair, spoke on behalf of other handicapped tenants stating that they felt the new carpet is hard to wheel on and more difficult to walk and use walkers because it seems to have a different cut. Shirley Barnes reported that the carpet installer had been contacted and said they had not heard of this difficulty or issues at any other projects where they had furnished similar carpet. Commissioners directed staff to set up a meeting for the carpet installer to come to Parkview Villa to answer questions of commission- ers, residents, and staff. Staff will also investigate if this particu- lar carpet meets ADA requirements. A notice will be posted to notify tenants of such a meeting. C. Executive Director Report. No report at this time. NEW BUSINESS. Review of Scattered Site Tax Increment Financing. 1. Steve Bubul - Kennedy and Graven Chartered. The Executive Director, Walt Fehst, informed the Board that this program is where the city finds houses that are substantially decayed, substan- dard or houses that would be better off demolished and replaced with a new home that would be supported by the market rate of the neighborhood. It will require additional funds to start this program, but there is a pay back in that the money will come back to the City through increased taxes from a newer housing stock. Steve Bubul, attorney from Kennedy and Graven, further explained the program and answered Commissioners questions. He passed out a handout describing details. The general concept is that the City establishes the whole City as a tax increment district within which you want to replace housing. Mr. Bubul suggested we come up with a list of initial homes that needed to be acquired, then create a district including these homes. The City can acquire the homes and sell them to individual buyers who will build a replacement home on the site or, as more commonly done by cities, a particular developer or team of developers will come in and build with the intention of selling to owner-occupied homeowners. The other alternative is to create a housing district, which does not require redevelopment findings, but requires that first-time buyers within certain income limits purchase all homes. Mr. Bubul reviewed these limitations which are outlined in the handout. EDA REGULAR MEETING MINUTES FEBRUARY 12t 1997 PAGE 4 B. Greater Minneapolis Metropolitan Housing Corp. (GMMHC) Proposal. 1. Carolyn Olson, President Ms. Olson explained that GMMHC is a nonprofit corporation which is sponsored by a variety of foundations and the business community. GMMHC had several of their staff members present to further explain their specific functions and answer questions. Their mission is to improve the community and to provide affordable housing in the metropolitan area. They offer an array of home ownership and home improvement tools to the community. They are interested in establishing a branch office of their Northeast Housing Ownership Resource Center in Columbia Heights City Hall to offer their community Home Ownership Reinvestment Programs to Columbia Heights residents. Their proposal would require financial assistance from the City at a "Twice Per Month Plan" rate of $20,000 per year. Although staff remains impressed with the capabilities of GMMHC, staff was not prepared to make a firm recommendation due to the lack of funds. Their services are free to individuals wanting to use their programs. Homeowners contact them wanting advice on a condition they have in their home or advice on improvements they want done. One of the many functions of GMMHC staff is that they will go out spend time with the homeowner, go through their building and make suggestions. GMMHC staff will take the homeowners proposed improvements and write a scope of work to be done so the homeowner can seek contractor bids. Staff members also put the homeowner in touch with various agencies offering financial help with the best possible rates. The Resource Center is "one stop shopping" for homeowners to find help with different housing needs. The major concern of the Commissioners was that it would be a duplica- tion of some of the services that are now offered by the Community Development Department. Mr. Anderson indicated it is possible that some services may overlap, however the City is more limited in the amount of dollars we have available to offer and the term we can apply to our programs. Ms. Olson stated it was not their intent to duplicate services, but to enhance Columbia Heights services to residents by offering services that are not now available to them. Mr. Anderson explained that there is enough demand in Columbia Heights for these types of services. He mentioned that when our Housing Inventory is completed we will see that there are a significant amount of houses in the poor range, in terms of the condition of the house, which could take advantage of these programs. He sees it as a value added resource instead of a duplication of services. It was discussed that if GMMHC were to operate an office out of City Hall, the City Attorney's office, which is only used on Wednesdays, or the office that was formally used by the City Council Secretary, which is larger, has a meeting room attached, and is now vacant could be used. In any event, the decision to provide GMMHC services will require City Council review and approval. The recommended motion suggested that the EDA authorize staff to review these issues and try to identify some possible funds within the City budget in order to make $20,000 available to finance our portion of the proposal. EDA REGULAR MEETING MINUTES FEBRUARY 12t 1997 PAGE 5 Mr. Anderson indicated that the ongoing management of the program could be delegated to the EDA by the contract versus having the City Council deal directly with housing rehabilitation issues. MOTION by Jolly, second by Dustin, to move to authorize staff to review and identify possible sources of funds in the City budget in the amount of $20,000 to finance the City of Columbia Heights portion of the 1997 Working Budget Twice Per Month Plan and further to recommend the city Council consider award of the proposal to the Greater Minneapolis Metropolitan Housing Corporation subject to: 1) preparation and approval of a mutually agreeable contract, 2) identification of an acceptable source of funds, and 3) ongoing management authority of the program to be delegated to the EDA by contract. Roll Call: Ayes: Jones, Jolly, Dustin, Peterson. Nays: Jindra, Sturdevant. MOTION CARRIED. Ce Request for Proposals for Professional Management Services at Parkview Villa and 4607 Tyler Street N.E. Mr. Anderson explained that the current contract between the former Housing and Redevelopment Authority (HRA) and Crest View Lutheran Home for the management of the Parkview Villa Housing Complex and 4607 Tyler St. N.E. expires on May 31, 1997. The U.S. Department of Housing and Urban Development (HUD) requires that this contract be renewed every two years. Effective in January of 1996, the Columbia Heights Economic Development Authority (EDA) assumed responsibility for all programs and projects formerly performed by the HRA. Accordingly, staff requested approval of the EDA Board of Commissioners to seek proposals from qualified firms to perform these services effective June 1, 1997 and through May 31, 1999. Attached to the agenda packet was a copy of the list of firms receiving the request for proposals (RFP) distributed by the HRA in 1995. Staff proposed to update this list and mail a prepared RFP to the same companies and others expressing an interest. Furthermore, the firms would need to respond with a responsible written proposal. Staff will review the proposals and submit the three most qualified contractors to be present for oral interviews before the EDA Board of Commissioners at their meeting in March. Anderson reported a decision should be made not later than March 31, 1997 in order that the 60 day notice provision in the contract may be exercised if there is a new contractor selected. This will allow the new firm to commence services on June 1, 1997 and provide Crest~View Lutheran Home with the minimum notice required. The contract is also subject to HUD review and approval. If a decision is made in March there will be ample opportunity to review and approve the contract before month end. For Commissioner information, a copy of the 1995 RFP distributed for the most recent contract was enclosed as was a copy of the current contract and approved amendments to include 4607 Tyler St. N.E., plus a list of firms to receive proposals. The RFP and contract amendment will be revised as necessary for this upcoming process. ED~ REGULAR MEETING MINUTES FEBRUARY 12, 1997 P~GE 6 MOTION by Jindra, second by Sturdevant, to authorize staff to seek proposals from housing management firms to provide management services for the Parkview Villa Housing Complex and 4607 Tyler St. N.E. facility; and further to require proposals to be submitted not later than 2:00 p.m. on March 12, 1997 and schedule interviews with the three most qualified contractors, as determined by the Executive Director, for the new regular meeting date of March 18, 1997. All voted aye. MOTION CARRIED. D. Consider Parkview Villa Wage Rate Increase for 1997. The Housing Manager of Parkview Villa,' Jim Bettendorf, requested an increase in wages for the Maintenance Engineer and Resident Caretaker. Attached to the agenda packet was a copy of a memorandum from Mr. Bettendorf with the HUD wage rate determination and copy of correspon- dence from the HRA Executive Director to Mr. Bettendorf regarding this matter in 1995. For City employees, the 1997 base wage rate increase for most employees has been 3%. A similar increase effective January 1, 1997 for these positions at Crest View would be an increase of approxi- mately $1,500 for 1997. In the past this increase was apparently approved by the HRA Executive Director. However, this action should be formally approved by the affirmative action of the EDA Board of Commissioners. MOTION by Sturdevant, second by Dustin, to authorize wage increases for the Maintenance Engineer and Resident Caretakers of Parkview Villa/4607 Tyler St. N.E. and employees of Crest View Lutheran Home at the proposed rate of 3% above the current scale retroactive to and effective on January 1, 1997. Ail voted aye. MOTION CARRIED. Eo Consider Transfer of Exempt and Taxable Rental Property from City to EDA. The City has received correspondence from Anoka County regarding the taxable status of various parcels in the City that are owned by the city or HRA. The HRA and EDA are eligible to hold exempt parcels which "pay a service charge equal to 5% of its' aggregate shelter rents." Proper- ties owned by the City pay taxable rates which are higher than the aggregate shelter rents. A sheet was included in the agenda packet illustrating two rental properties currently owned by the City. The figures showed a significant savings of approximately $2,848.43 if the properties were in EDA versus City ownership and assuming similar rent income and utility costs in 1997. Based upon this analysis, it appears there would be a significant savings to the city/EDA if a change in ownership occurs. Staff is recommending authorization to prepare the necessary documentation to effect the sale of the two properties from the city to the EDA. There was discussion concerning the issue of the EDA being in the business of property management. Mr. Anderson indicated there was no great urgency in making a decision tonight, plus it could be further discussed when the Board considers the EDA's goals and objectives. EDA REGUL]%R MEETING MINUTES FEBRUARY 12, 1997 PA~E 7 MOTION by Jindra, second by Jones, to table this item for a future meeting. All voted aye. MOTION CARRIED. F. Request for Proposals to Sell City/EDA Owned Lots. Mr. Anderson stated that a draft Request for Proposal, Bidder Instruc- tion Sheet, Bid Form, and a listing of the sixteen City and EDA owned properties were enclosed in the agenda packet. The City had tried to sell these lots earlier, but there were complaints that the prices were too high as set at the assessors market value. The properties listed range in price from $500 to the $22,900. The three that are listed for $500 have poor soil conditions. They can be made buildable with extraordinary work done to the site. Staff would like to list all these properties now and liberalize the requirements by allowing an 18 month time period before building and 30 month requirement before the home must be constructed. There are some policy issues that should be considered and staff is looking for the Board's input on whether we should proceed with the land sale. One concern is whether the three duplex properties at 4613-15, 4619-21, and 4625-27 Pierce Street should be sold at their current lot size of 60 feet by 115 feet which is a lot area of 6,900 sq. ft. These three lots could be combined and two lots established which are 90 feet by 115 feet or 10,350 sq. ft. in area for each new lot. If the EDA wishes to combine the lots to achieve lower density, then staff would recommend withdrawing these lots from the RFP until the structures are removed and the lot combination is completed. There was lengthy discussion on various aspects of this issue. Our attorney Mr. Bubul indicated that if a City or EDA owned property were to be sold, then a Public Hearing would have to be held. Commissioners indicated that staff should continue trying to sell the lots and bring this issue back to the Board at a later date. President Peterson skipped to'OLD BUSINESS item D, Business Retention and Expansion Survey Update, since Mr. Strauss was in attendance. D. Business Retention and Expansion Survey Update. Joseph Strauss was present from Community Resource Partnerships, Inc. (CRP) to update the Board on his progress regarding the Business Retention and Expansion Survey. Mr. Strauss handed out a printed revised proposal for the proposed survey. He indicated that since his last visit he has received several more financial commitments over a two year period - $10,000 from NSP, $2,000 from Northeast State Bank, $2,000 from Norwest Bank, and $2,000 from the Chamber of Commerce. In addition, CRP has cut their price from $80 a survey to $50 - $52 a survey. Therefore, the cost would be $15,000 for half of the total 525 to 530 businesses in the first year versus $18,000 as originally quoted. He reported that we are still a little short in terms of money that needs to be raised by about $2,500 for the first year. EDA REGULAR MEETING MINUTES FEBRU~Y 12, i997 PAGE 8 Mr. Strauss stated that his staff is prepared to start the survey in March with the project being completed in 1998. He passed around a sample of surveys that had been done for other communities for the Commissioners to review. He also suggested that if the City decided to proceed with hiring Community Partners, then the City/EDA consider joining the North Metro Business Retention and Development Commission. Mr. Strauss gave a quick overview of how important a completed business survey is and gave specific examples of how this information can be beneficial to the City's long range economic development, redevelopment, and job creation strategies. Mr. Fehst feels that this is an important survey and we should move forward. He stated that there is enough money to do the first year of the survey and then work on raising money for next year. During discussion Commissioners suggested we continue soliciting local businesses to contribute to this project to meet our financial short- fall. Commissioner Jones suggested tabling this item because she knew that Commissioner Ruettimann, who is absent and has definite opinions regarding this item and should be included in the discussion. Mr. Strauss said that ~he had discussions with Commissioner Ruettimann and felt that he understood the project and assured the Board that he would further visit with Commissioner Ruettimann to make sure he was comfortable with the information. President Peterson felt since there are definite deadlines that need to be met that we should move forward. MOTION by Sturdevant, second by Jindra, to authorize Joseph Strauss from Community Resource Partnerships, Inc. to proceed with the Business Retention and Expansion Survey. All voted aye. MOTION CARRIED. Approve Contracts for CDBG/MHFA Program Housing Inspectors. Mr. Anderson reported the City and HRAhave in the past undertaken both the Community Development Block Grant (CDBG) Program and Minnesota Housing Finance Agency (MHFA) Deferred Grant/Loan programs. These programs provide a grant/loan to persons with qualifying incomes to make improvements to their home for purposes of rehabilitation. No funds were dispersed in 1995 or 1996 under either program, due in part, to the difficulty in having a person available to do the required work. The former Assistant Building Inspector, Joe Voels, has done this work in the past and is currently completing work on three properties. Since he left the City he has remained a temporary, part-time employee paid on an hourly basis. The Housing Inspector performs the required pre-inspec- tion of the site, prepares the work-write-up which specifies the work to be done and minimum requirements for such work, review of bids submitted to the homeowner (a minimum of two contractor bids are required), and follow-up inspections to insure the work has complied with the specifi- cations. The current Housing Coordinator and Community Development Director have been trained and certified by MHFA for administering this program in June of 1996. Moreover, the Housing Coordinator has been directed to fully issue the grant/loans for available funds as soon as possible. EDA REGULAR MEETING MINUTES FEBRUARY 12, 1997 PAGE 9 Anderson further reported we have interviewed three other persons who provide these services for other jurisdictions. Two people, Carol and Joe Steiner, work together as a team and have provided these services for ACCAP under contract. The other person is David Fisher who has provided similar services in and for Hennepin County and currently works as the Building Inspector in Brooklyn Center. After interviewing both partiesl staff is recommending that a contract be executed with both contractors to provide these services in Columbia Heights for a one year period from the date of contract execution. This work will be distrib- uted to the contractors by the Housing Coordinator upon receiving all necessary information and application materials from interested residents on an as-needed basis. Staff recommends proceeding with negotiations and drafting of contracts for final consideration by the City (for CDBG) and EDA (for MHFA) at a future meeting after review of the contracts by the City Attorney and approval as to form and content. Attached with the agenda packet were: 1) Hennepin County Agreement, 2) David Fisher Proposal and Qualifications, 3) Resumes of Carol and Joe Steiner. Commissioners inquired as to how much money is available in these funds for loans/grants. Mr. Anderson informed the Board that there is approximately $47,000 in the MHFA program which needs to be expended by June. There are also CDBG Rehabilitation funds which have not been expended in the last two years, although the amount was uncertain. MOTION by Sturdevant, second by Dustin, to authorize staff to negotiate and prepare Agreements with Carol and Joe Steiner and David Fisher in order to perform contract Housing Inspector services for the CDBG and MHFA Deferred Grant/Loan Programs in Columbia Heights' and further, to authorize the City Attorney to review and approve the negotiated Agreements with a recommendation for action by the EDA Board of Commissioners at the next regular meeting date. All voted aye. MOTION CARRIED. H. EDA Administrative Issues. Mr. Anderson indicated that the following items were explained in the EDA Letter attached to the agenda packet. Official Seal. Minnesota Statutes Chapter 469 require an Official Seal be adopted by the EDA. The EDA By-laws were approved establishing an Official Seal which has not been acquired as yet. Staff will purchase an Official Seal and forward a copy to HUD as part of approval of the transition from an HRA to an EDA. Official Depository. The Statutes also require that every two years "an authority shall have national or state banks within the state as depositories" (Chapter 469.099 Subd. 1). Current- ly, EDA funds are deposited at the Northeast State Bank. EDA REGULAR MEETING MINUTES FEBRUARY 12t 1997 PAGE 10 MOTION by Jindra, second by Sturdevant, to direct staff to confirm the appointment of Northeast State Bank as an official depository of Columbia Heights Economic Development Authority monies and further to direct staff to confirm that a bond has been provided to the. EDA and approved as to form and surety by the Authority at its next regular meeting. All voted aye. MOTION CARRIED. Enabling Resolution Modifications. Within 60 days of the anniversary date of the first adoption of the EDA Enabling Resolution, the EDA may submit a report to the City Council requesting a modification and stating how the resolution should be modified. Staff is submitting no recommendation to modify the Enabling Resolution. Resolution 96-01 was enclosed in the agenda packet for Commissioner review. Tax Increment Financinq (TIF) Policy. Staff recommends the EDA adopt a document establishing policies, procedures and an application process for the use of TIF. Se Conflict of Interest Policy. Staff recommends the EDA adopt a document establishing policies and procedures related to circumstances in which a conflict of interest may arise on the part of staff or commissioners in performing the business of the EDA. MOTION by Jindra, second by Jones, to direct staff to develop policies and procedures for the management of EDA affairs including policies for tax increment financing and conflicts of interest and to present such draft policies for consideration and adoption at the next regular meeting of the EDA. All voted aye. MOTION CARRIED. e Resolution Approving Authorized Signatures. Staff recommends the EDA adopt the draft attached Resolution 97-01 Resolution Establishing Approved Signatures. Minnesota Statutes Chapter 469.096 subd. 8 requires "An authority check must be signed by the Treasurer and one other officer named by the authority in a resolution." The resolution specifies the following persons: William Elrite, Assistant Treasurer, (Finance Director/City Clerk), Walter Fehst, Executive Director, (City Manager), and Joseph Sturdevant, Treasurer (Mayor), because the Mayor, City Manager, and Finance Director all currently sign checks for the City of Columbia Heights and all EDA checks to date have been issued by the city. MOTION by Jindra, second by Sturdevant, to Waive the Reading of Resolu- tion 97-01 There Being Ample Copies Available to the Public. All voted aye. MOTION CARRIED. MOTION by Jindra, second by Dustin, to Adopt Resolution 97-01, Resolu- tion Approving Authorized Signatories for EDA Checks and Official Documents. All voted aye. MOTION CARRIED. EDA REGULAR MEETING MINUTES FEBRUARY 12t 1997 PAGE 7. Request for EDA Reqular Meetinq Date Chanqe. At the request of Commissioner Meg Jones, this item was on the agenda for the EDA Board of Commissioners to consider moving the monthly regular meeting day and time. Currently the EDA is meeting at 7:00 p.m. on the second Wednesday of each month. It has been requested that the regular meeting be changed to the third Tuesday of each month at 7:00 p.m. which would be the time specified in the original EDA By-laws. The By-laws (a copy of which was included in the agenda packet) require changes to be made by resolution if the regular meetings are not to be the third Tuesday at 7:00 p.m. MOTION by Sturdevant, second Dustin, to Adopt Columbia Heights EDA Resolution 97-02, Being a Resolution Setting Regular Monthly Meetings to the third Tuesday at 7:00 p.m. at Parkview Villa Highrise in Community Room B. All voted aye. MOTION CARRIED. 8. Approve Annual Report to City Council. Attached to the agenda packet was the draft for the EDA Annual Report. This report reflects all the programs in the Community Development Department which encompasses more programs than those directly under the oversight and within the jurisdiction of the EDA. All City Departments will be submitting Annual Reports to the City Manager on February 18, 1997. Staff requests the EDA review the Annual Report and make any additions, deletions, and/or corrections it sees fit. MOTION by Jindra, second by Jones, to approve the Community Development Department and Columbia Heights Economic Development Authority Annual Report; and further, to authorize and direct the Executive Director to submit the same to the City Manager and City Council. All voted aye. MOTION CARRIED. Extension of the Preliminary Negotiatinq A~reement with Bruce Nede~aard. A Preliminary Negotiation Agreement had been executed between the EDA and Bruce Nedegaard of Nedegaard Construction on March 19, 1996. The Agreement identified responsibilities of the EDA as well as the Developer. The Agreement was extended at the July 9, 1996 meeting of the EDA until "the earlier of the effective date of the Development Agreement, if any, or December 31, 1996." Mr. Nedegaard wishes to further extend the Agreement. Mr. Nedegaard has verbally agreed to allow the date to terminate at year end 1997. Attached to the agenda packet was a copy of the original Agreement, the revised Agreement to Extend the Termination Date of the Preliminary Negotiating Agreement and letter requesting extension. The revised Agreement will extend the term to "the earlier of the effective date of the Development Agreement, if any, or December 31, 1997." Walt Fehst reported that staff had meet with Bruce Nedegaard, and our financial advisor Dave Maroney from Community Partners. It seems that Mr. Nedegaard has come up with a new way of financing this project and EDA REGULAR MEETING MINUTES FEBRUARY 12, 1997 PAGE 12 the proforma that they reviewed looked very encouraging. There are still going to be 65 rental units, 45 single bedroom units, 20 two bedroom units. The rents should be approximately $650 for a one bedroom and $850 for a two bedroom. A tax exempt 501(c)3 organization by the name of Mary T. will manage the units. Although this project will not be paying taxes, it will be performing a needed function and the City would not be in debt to subsidize it. MOTION by Jolly, second by Sturdevant, to approve the Agreement to extend the termination date of the Preliminary Negotiating Agreement and authorizing and directing the execution of the Agreement by the President and Executive Director. All voted aye. MOTION CARRIED. 10. Develop EDA Mission Statement and Lonq term Goals and Objec- tives. Mr. Anderson reported that a draft document had been prepared to outline establishing a mission statement for the EDA, developing long term goals, then identifying objectives for each goal and how to achieve them. The EDA staff is trying to establish some broad policy direction from the Board to allow efficient and effective implementation of the established policies, goals, and objectives. Enclosed with the agenda packet were draft mission statements to consider as well as long term goals and objectives. Mr. Anderson suggested the Commissioners review the draft mission statements, amend as desired, and adopt as amended at some future meeting. After discussion Commissioners agreed to have the mission statement and goals and objectives as an item on next months meeting agenda to further discuss and consider. OLD BUSINESS. Parkview Villa Antenna Lease (APT) Income Options and Consid- eration of Replacement Reserve Program. Mr. Anderson informed the Board that the annual lease revenue in the first year will be $12,000 or $1,000 per month. We have received $13,000 ($1,000 for the December of 1996, $12,000 for 1997). The Deputy Executive Director and Parkview Villa Housing Manager have been working to develop a Replacement Reserve Program. Such a program will serve to identify needed improvements and maintenance to the facility and identify the costs based upon the recognized useful life of the equipment/structure. Included in the agenda packet was a brief outline listing various items that will need replacing or maintenance in the future and estimated cost. This item was on the agenda for discussion purposes to seek input from the Board as to the policy which should be established for how these funds should be used. Staff would suggest that a decision be delayed until such time as a complete Replacement Reserve/Capital Improvement Program. can be prepared, reviewed, and adopted by the EDA. This information may be available at the March regular meeting. ' EDA REGULAR MEETING MINUTES FEBRUARY 12, 1997 PAGE 13 C. Proposed Development of MCTO Transit Hub/Transit Center. Mr. Anderson reported that Anoka County and MCTO officials have met for very preliminary discussions with City staff regarding the development of Transit Hub/Center with shelter facilities which will service 6 to 8 buses. BRW has also been involved in some of these preliminary discus- sions. This is similar, although on a smaller scale, to the MCTO facility at Northtown Shopping Center. The area around 40th and Central is preferred because of transfer times and coordination of the travel time for trunk and circulator buses. Two of the sites that are being considered is Mady's at 39th and Central, and the old Marshall's site at 41st and Central. The next step in the process is for the County to direct BRW to prepare concept plans for a couple of sites. Mr. Anderson had an aerial view map of the Central Busines District and Commissioners discussed possibilities of various areas. This item was for informational purposes only and required no action at this time. B. Tyler Heights Subcommittee Report. Staff will continue to work with the Committee. A copy of the corre- spondence explaining the possible ACCAP bond issue was provided in the agenda packet. U.S. Department of Housing and Urban Development (HUD) Organ- izational Issues. Mr. Anderson indicated that this item is an update. Staff is working on having HUD approve the EDA as an authorized housing authority. Most of the information was approved by the City Council and resolutions adopted early in 1996. Staff is putting together a memo and letter to HUD asking for acceptance. Next meeting of the EDA is scheduled for 7:00 p.m. on Tuesday, March 18, 1997 at the Community Room B at Parkview Villa. ADJOURN. MOTION by Jindra, second by Dustin, to adjourn the meeting at 10:45 p.m. All voted aye. MOTION CARRIED. Respectfully submitted, Rebecca Townsley, Secretary c:\wp5t\edamin\feb97 Gary L. Peterson, President Date