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June 23, 1997 Regular
AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, JUNE 23, 1997 7:00 PM CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the previous portion of agenda, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and 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) Approve minutes of the June 9, 1997 Council Meeting 2) Final Payment for t997 Street and Parking Lane Striping 3) Changes in Street Construction Project on 44th Avenue 4) Authorization to Purchase Red 'LED' Signal Heads 5) Close Hearing - Rental License Revocation - 3935 Tyler Street 6) Establish Hearing Date - License Revocations - Rental Properties 7) Establish Dates for Council Works Sessions 8) License Applications 9) Payment of Bills 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Humanitarian of the Year PUBLIC HEARINGS A. Resolution/Re: Revocation of Rental License, 4222 Monroe Street B. Second Rdg. of Ord. 1280 Amending Charter - Referendum/Petitions C. Second Rdg. of Ord. 1349 Amending Charter - Rules of Procedure/Quorum D. Second Rdg. of Ord. 1348 Regarding Exterior Parking 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Res. No. 97-41 Accepting the COPS MORE 96 Federal Grant B. Bid Considerations None C. Other Business None 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) June 3, 1997 Meeting of Planning & Zoning Commission 2) June 3, 1997 Meeting of Library Board of Trustees 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOURNMENT Walter R. Fehst, City Manager ADMINISTRATION Mayor 3oseph Stur3evant Councilmembers Donald G. Jolly Meg Jones Gar), L Peterson Robert W. Ruettimann City Manager Walter R. Fehst JUNE 20, 1997 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, June 23, 1997 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the 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 aqenda items as listed below: 1) Adopt Council Minutes MOTION: Move to adopt the minutes of the June 9, 1997 Regular Council Meeting. 2) Final Pavment for 1997 Street and Parkinq Lane Striping MOTION: Move to accept the work for 1997 street and parking lane striping and to authorize payment of $4,970.66 to AAA Striping Service Company of Rogers, Minnesota. COUNCIL MEETING AGENDA JUNE 23, 1997 PAGE 2 3) Changes in Street Construction Proiect on 44th Avenue MOTION: Move to authorize Supplemental Agreement No. 1 to provide a barrier at the top of each retaining wall in the amount of $8,746.00, Change Order No. 1 to install retaining wall at 1421 44th Avenue in the amount of $2,032.00, Change Order No. 2 to remove steps and construct a stairway at 1229 44th Avenue in the amount of $1,712.00 and Change Order No. 3 to reduce the size of the handrail from 2" diameter to 1 5/8" diameter in the amount of $0.00 to Ron Kassa Construction. 4) Authorization to Purchase Red 'LED' Signal Heads MOTION: Move to authorize the purchase of LED red ball and red arrow indicators from Brown Traffic Products based on the Minnesota State Contract price, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same, with the purchase being funded from the State Aid Maintenance Fund. 5) Close Hearinq - Rental License Revocation MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Anthony Wilczek regarding rental property at 3935 Tyler Street in that the provisions of the Housing Maintenance Code have been complied with. 6) Establish Hearing Dates - License Revocations - Rental Properties MOTION: Move to establish a hearing date of July 14, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the following owners and addresses: Patrick Carlson, 4757 4th Street; Thomas Brooks; 4328 6th Street, Michael Shaffer, 3717 Polk Street; Mohsen Dessouki, 4610 Fillmore Street; Brian Bona, 4015 7th Street; Jean Thorp, 4641 Washington Street; Randee L. Arfmann, 4533-35 Washington Street; Doris Jorgenson, 1480-90 47th Avenue and Edwin Matthes, 5229 7th Street. 7) Establish Dates for Council Work Sessions MOTION: Move to establish Monday, July 7, 1997 at 7:00 p.m. and Monday, July 21, 1997 at 7:00 p.m. as dates and times for Council work sessions to be held in the City Hall Conference Room. 8) License Applications MOTION: Move to approve the license applications as listed and the rental housing licenses as noted in the Fire Department memo of June 20, 1997. COUNCIL MEETING AGENDA JUNE 23, 1997 PAGE 3 9) Payment of the Bills MOTION: Move to pay the bills as listed out of proper funds. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Reco.qnition Humanitarian of the Year - 1997 - Barbara Karol 6. PUBLIC HEARINGS A. Resolution No. 97- Public Hearing Regarding Revocation/Suspension for the Property at 4222 Monroe Street Owned by Robert Witt MOTION: Move to waive the reading of the resolution there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 97- being a resolution approving revocation pursuant to Ordinance Code Section 5A408(1) of the Housing Maintenance Code of the rental license held by Robert Witt regarding rental property at 4222 Monroe Street. ALTERNATE MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Robert Witt regarding rental property at 4222 Monroe Street in that the provisions of the Housing Maintenance Code have been complied with. B. Second Readin.q of Ordinance No. 1280 Amending Chapter 5, Sections 35 through 46 of the City Charter of the City of Columbia Heiqhts Pertaining to the Referendum and Referendum Petitions MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1280 being an ordinance amending Chapter 5, Sections 35 through 46 of the Charter of the City of Columbia Heights pertaining to the Referendum and Referendum Petitions. COUNCIL MEETING AGENDA JUNE 23, 1997 PAGE 4 C. Second Readinq of Ordinance No. 1349 Amendin.q Chapter 3, Section 17 of the Charter of the City of Columbia Heiqhts Pertaining to Rules of Procedure and .Quorum MOTION; Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to table indefinitely the second reading of Ordinance No. 1349 amending Chapter 3, Section 17 of the City Charter pertaining to Rules of Procedure and Quorum. D. Second Readinq of Ordinance No. 1348 Beinq an Ordinance Amendin.q City Code Regarding Exterior Parkinq MOTION: Move to waive the reading of Ordinance No. 1348 there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1348 being an ordinance regarding paving of exterior parking and driveway areas. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 97-41 Being a Resolution Accepting the COPS MORE 96 Federal Grant MOTION: Move to waive the reading of Resolution No. 97-41 there being ample copies available for the public. MOTION: Move to adopt Resolution No. 97-41 being a resolution accepting the COPS MORE 96 federal grant and appropriating local match monies in the amount of $14,413. B. Bid Considerations None C. Other Business None COUNCIL MEETING AGENDA JUNE 23, 1997 PAGE 5 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Planning and Zoning Commission June 3, 1997 Meeting 2) Library Board of Trustees June 3, 1997 Meeting 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT MOTION: Move to adjourn the Regular City Council Meeting. Walter R. Fehst, City Manager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING J'ONE 9, 1997 o 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. A minute of silence was observed for Highway Patrol Officer Timothy Bowe who was killed in the line of duty. Officer Bowe had grown up and lived in Columbia Heights. CONSENT AGENDA These items are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion: Motion by Peterson, second by Jones to approve the consent agenda items as listed below: Adopt Council Minutes The Council approved the adoption of the May 27, 1997 Regular Council Meeting. Establish Hearin~ Date for Revocation of Rental License at 4222 Monroe Street Owned by Robert Witt The Council established a hearing date of June 23, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the property at 4222 Monroe Street owned by Robert Witt. Permission to Block Off Mill Street East of City Hall The Council authorized the Police Department to close Mill Street from 40th Avenue to just north of the Murzyn Hall parking lot from noon to 9:00 p.m. on July 30, 1997 for the Officer Curt Ramsde!l memorial observance. Resolution No. 97-40 Beinq a Resolution Approvinc a LotsD!it for 4652 Fifth Street, Helen Dietz The reading of the resolution was waived there being ample copies available for the public. REGULAR COUNCIL MEETING JVJNE 9, 1997 PAGE 2 RESOLUTION NO. 97-40 SUBDIVISION REQUEST I, Helen M. Dietz, here by request a split of PIN 26 30 24 34 0078 Legally described as: North half of Lot 2, Block 4, COLUMBIA HEIGHTS ACRES, Anoka County, Minnesota. Subject to utility easement over the west 20.00 feet. THE DESCRIPTION HENCEFORTH TO BE: The West half of the North half of Lot 2, Block 4, COLUMBIA HEIGHTS ACRES, Anoka County, Minnesota. That part of the North half of Lot 2, Block 4, COLUMBIA HEIGHTS ACRES, Anoka County, Minnesota, lying East of the West half of said North half of Lot 2. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lotsplit given approval shall become invalid if the resolution, motion or other Council action approving the said lotsp!it is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING & ZONING DEPT. ACTION Recommend the approval of the lotsplit as proposed as all Zoning requirements will be met. Helen M. Dietz Signature of Owner, Notarized This 3rd day of June, 1997 Offered by: Seconded by: Roll call: Fowler Paulson Ail ayes 4652 5th Street, Columbia Heights, Mn. Owner's address Jane Gleason, Notary Public CITY COUNCIL ACTION: Approved REGULAR COUNCIL MEETING ~%IE 9, 1997 PAGE 3 This 9th day of June, 1997 Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ApDrova! of Conditional Use Permit, Bascati's Restaurant, 5060 Central Avenue Northeast The Council approved the conditional use permit to operate the proposed Bascali's Restaurant at 5060 Central Avenue Northeast provided the required final inspections are conducted by the Anoka County Health Department, the City Building and Fire Inspectors and that the appropriate licenses are obtained by the applicant for the operation. Conditional Use Permit for Storaqe Shed~ 4450 Stinsom Bcu!evard - Howard Fortier The Council approved the conditional use permit for the 14 x 14 utility building at 4450 Stinson Boulevard as it is in conformance. SDecial Purpose Fence, 3865 Polk Street~ Harry Klever The Council approved the request for an eight (8) foot high special purpose privacy fence provided property irons have been located and the required permit is obtained prior to fence installation at 3865 Polk Street Northeast. Special PurTDose Fence, 1202 40th Avenue, Laura Mannino The Council approved the six (6) foot high special purpose privacy fence provided the required property irons have been located and the required permit is obtained prior to fence installation at 1202 40th Avenue Northeast, owned by Laura Mannino. Conditional Use Permit for Construction of 25' x 14' Accessory Structuref 843 40th Avenue, First CommunitV Credit Union The Council approved the conditional use permit to construct a 25x!4 foot accessory structure at 843 40th Avenue based on the following conditions: t) If First Community Credit Union vacates the building at 843 40th Avenue the utility building must be removed. 2) Once purchase of 843 40th Avenue building is complete, the First Community Credit Union must combine the two parcels. REGULAR COUNCIL MEETING ~!NE 9, 1997 PAGE 4 o Approval of License Applications The Council approved the license applications as listed. Approval of Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Community Development Department Hiring Recommendations The Council authorized and directed staff to update job descriptions as appropriate, advertise for position vacancies of Housing Coordinator, full-time Occupancy Specialist, half- time Family Self-Sufficiency Coordinator and Building Official listing the appropriate pay range for each position, and to change the title of Zoning/Grant Coordinator to Planner. Roll call on Consent Agenda: Ail ayes RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Recoqnitions Engraved clocks in recognition of service on various boards/commissions were give to the following residents: Keith Roberts (Charter Commission), Dick Lawrence (Police & Fire Civil Service Commission) , Steve Mihalchick (Telecommunications Commission) , and Catherine Anderson (Human Services Commission). B. Presentations Police Department Citizen Commendations were given to Travis Johnson, Daniel Whitfietd, Juan Mendoza, Walter Arthur and Allen Askegard. PUBLIC HEARINGS A. Resolution No. 97-04 ReGardinG Revocation or Suspension of Rental License Held by Francis Job ReGardinG Rental Property at 4017 Sixth Street There is a sixty day period from the date of the revocation of the license to bring the property into compliance. Motion by Sturdevant, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 5 RESOLUTION NO. 97-04 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY FRANCIS JOB, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4017 6TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(!) (A), WRITTEN NOTICE SETTING FOR THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON MAY 30, 1997 OF A PUBLIC HEARING TO BE HELD ON ~-JATE 9, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES A_ND 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 July 17, 1996, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4017 6th Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described property by Francis Job. 2. That on September 16, 1996, and November 20, 1996, the owner, Mr. Francis Job, canceled the re-inspections scheduled for these dates, and on January 17, 1997, inspector Gary Gorman conducted a final pre-revocation hearing inspection of the property in which code violations dated July 17, 1996 remained uncorrected. 3. That on January 13, 1997 the Columbia Heights City Council gave Mr. Job an extension until June 1997 to correct the violations and submit the re-inspection fees. 4. That on Junk 6, 1997 inspector Gary Gorman conducted a final pre-revocation hearing inspection of the property in which code violations dated July 17, 1996 remain uncorrected. Tenants were not home, and the owner did not show up. Inspector Gorman was only able to check Qutside violations. REGULAR COUNCIL MEETING ,~N~ 9, 1997 PAGE 6 5. 'Based upon said inspection of 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 CORRECT THE FOLLOWING HOUSING CODE VIOLATIONS 1. Wood trim around bathroom window rotted/deteriorated 2 Tile on bathroom walls deteriorated, falling off 3 4 5 6 7 8 9 Bathroom walls deteriorated from moisture buildup Roof leaking over kitchen area (on-going 3 years) Kitchen ceiling damaged from on-going roof leak Kitchen light fixture affected from roof leak Basement stairway unprotected against fire travel Several damaged window screens on structure **NEW** Grass is very long, not maintained. B. FAILURE TO SUBMIT $200.00 IN RE-INSPECTION FEES 6. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1) (d). CONCLUSIONS OF COUNCIL 1. That the building located at 4017 6th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto: 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1851-96 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. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 7 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 the License Holder. Passed this 9th day of June, 1997. Offered by: Seconded by: Roll call: Sturdevant Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 7. ITEMS FOR CONSIDEP_ATION A. Other Resolutions and Ordinances 1. First Reading of Ordinance No. 1348 Beinc an Ordinance Amending Ordinance No. 853 Reqardinc Exterior Parking Motion by Ruettimann, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1348 BEING AN AMENDMENT TO ORDINANCE NO. 853, CITY CODE 1977, SECTION 8 IN THE HOUSING MAINTENA2~CE CODE REGARDING THE REQUIREMENT FOR EXTERIOR PARKING, PEDESTRIAN WALKWAYS AND LIGHTING Section 8 currently reads as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Lighting Pedestrian Walkways and 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or 'dwelling unit for the purposes of living, sleeping, cooking or eating there in which is located on premises which does not comply with the following requirements, to-wit: REGULAR COUNCIL MEETING ~u~E 9, 1997 PAGE 8 (a) (b) (c) (d) (e) (f) (h) (i) Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in exitence upon. the effective date of this ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1997. The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. Ail required parking spaces must be surfaced with asphalt or concrete. Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. An unobstructed path must be provided between parking areas and the dwelling unit. Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July i, 1997. Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. REG~ COUNCIL MEETING JUNE 9, 1997 PAGE 9 5A.205(2) Variances under 5A.207 and 5A.208 shall be enforced and administered in accordance with 9.t05. The criteria contained in 9.105(3) (d) shall be applied in deciding whether or not an applicant is entitled to a variance. The proposed changes are date changes only to read July 1, 1998 as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Lighting Pedestrian Walkways and 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. (c) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. All required parking spaces must be surfaced with asphalt and concrete. (d) (e) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. An unobstructed path must be provided between parking areas and dwelling units. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 10 (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways .must have a minimum light of 1 foot candle and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July Ir 1998. (i) Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208(2) Variances under 5A.207 and 5A.208 shall be enforced and administered in accordance with 9.105. The criteria contained in 9.105(3) (d) shall be applied in deciding whether or not an applicant is entitled to a variance. Motion by Ruettimann, second by Sturdevant to establish the date of June 23, 1997 at approximately 7:00 p.m. as the date and time for the second reading of Ordinance No. 1348 being an ordinance amending City Code regarding exterior parking. Roll call: All ayes 2. First Readinq of Ordinance No. 1280 Beinq an Ordinance Amendinq the City Charter, Chapter 5, Pertaininq to the Referendum and Referendum Petitions To amend the Charter, the Council vote must be 5-0 in favor of the amendment. Councilmember Ruettimann noted this ordinance has five issues contained in it. He had requested they be separated so they could be considered individually. This suggestion was made to avoid the possibility of defeating the ordinance when only one of the issues could not be unanimously supported. Motion by Peterson, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 11 ORDINANCE NO. 1280 BEING AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 35 THROUGH 46 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO INITIATIVE AND REFERENDUM PETITIONS The City of Columbia Heights does ordain: Section 1: Chapter 5, Sections 35-46 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require measures passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONER. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed one hundred dollars for legal advice, copying, printing and notaries' fees. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 12 INITIATIVE Section 38. INITIATION OF MEASURES. Any five electors may form themselves into a committee for the initiation of any measures of public concern. After formulating their measure they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed measure to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any measures shall consist of the measure, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least twenty percent of the total number of votes cast at the last preceding regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing an ordinance (or resolution, as the case may be) to ..... (stating the purpose of the measure), a copy of which ordinance (or resolution) is hereto attached. This measure is sponsored by the following committee of electors: NAME ADDRESS 2. 3. 4. 5. The undersigned electors, understanding the terms and the nature of the measure hereto attached, petition of the council 'for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME ADDRESS REGLVLAR COUNCIL MEETING JUNE 9, 1997 PAGE 13 At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Section 40. FILING OF PETITIONS AND ACTION THEREON. Ail the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination of the number of electors whose signatures are appended thereto, and whether this number is at least twenty percent of the total number of electors who cast their votes at the last preceding regular municipal election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and shall notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council shall fail to pass the proposed measure, or shall pass it on in a form different from that set forth in the petition and unsatifactory to the petitioners, the proposed measure shall be submitted by the council to vote of the electors at the next election occurring not more than three months from such date, then the council shall call a special election to be held not less than thirty or more than forty-five days from such date. In case the council passes the proposed measure with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the measure need not be submitted to the electors. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 14 Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed measure shall state the substance thereof, and shall give the voter the opportunity to'vote either "For the measure" or "Against the measure". If a majority of the electors voting on any such measure shall vote in favor thereof, it shall thereupon become an ordinance or resolution of the city as the case may be. Any number of proposed measures may be voted upon at the same election, but in case there shall be more than one, the voter shall be allowed to vote for or against each separately. Section 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the electors under this constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified electors of the city equal in number to twenty percent of the total vote at the last regular municipal election be filed with the city clerk requesting that any such measure, or any part thereof, be repealed or be submitted to a vote of the electors, the said measure shall thereby be prevented from going into operation. The council shall thereupon reconsider the said measure at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the measure as passed. In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more than forty-five days from the action of the council calling it. If a majority of the voters voting thereon are opposed to the measure, it shall not become effective; but if a majority of the voters voting thereon favor the measure, it shall go into effect immediately or on the date therein specified. Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of measures and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 15 REFERENDUM PETITION Proposing the repeal of an ordinance (or resolution, as the case may be) to ..... (stating the purpose of the measure), a copy of which ordinance (or resolution) is hereto attached. This measure is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require measures ordinances passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONER. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed cna four hundred dollars for legal advice, copying, printing, and notaries' fees. Any committee members, at their sole discretion and at no charce to said committee member, may utilize the services of the city attorney so as to assure that the proposed ordinance is consistent as to form and structure with other similar ordinances enacted by the city council. A_ny violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of the city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 16 INITIATIVE Section 38. INITIATION OF ."~'~'~.--.-~..~ ORDINANCES. Any five c!cctcru reqistered voters may form themselves into a committee for the initiation of any mcasures ordinance of public concern. After formulating their mcasura ordinance they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed mcazure ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Before circulatinq .any petition, they shall submit to the city attorney a copy of the proposed ordinance, and the city attorney shall approvo same as to form only and not as to content, or put it into ~ form which is leqally sufficient for the purpose intended. Shall the city attorney fail to take such action within ten days from the date on which the proposed ordinance is submitted to the city attorney, such proDosed ordinance shall be deemed legally sufficient and a verified copy thereof shall be filed with the city clerk, toqether with the names and addresses of the members of such committee. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any measure ordinance shall consist of the mcazura ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of reqistered voters equal to at least twenty ten percent of the total number of votes cast at the last preceding regular municipal election or 700 siqnatures, whichever is ~reater. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing an ordinance ~ ...... ~..~ t~c .... , ............. , a~ .. ~a~ may b-) to .... (stating ~he purpose of the m-_.u--.-- -- ordinance), a copy of which ordinance (c ..... ~..~--~ ............ ~ is hereby attached. This measure ordinance is sponsored by the following committee of ~icctors registered voters: REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 17 NAME ADDRESS 2. 3. 4. 5. The undersigned e!ectcrz registered voters, understanding the terms and the nature of the mcasurc ordinance hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME ADDRESS At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Each affidavit shall be in substantially the following form: State of County of being duly sworn deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signature of Circulator Subscribed and sworn to before me this day of , 1997. Signature of Notary Public Section 40. FILING OF PETITIONS AND ACTION THEREON. Ail the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination of the number of c!cctcrs reqistered voters whose signatures are appended thereto, and whether this number is at least ~ ..... ~- ten percent of the total number of clcctcrs recistered voters who cast their votes at the last preceding regular municipal election or 700 sicnatures~ whichever is-creater. REGULAR COUNCIL MEETING ,~M 9, 1997 PAGE 18 If' the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and still notify each member of the committee of the fact. The final finding of the insufficiency of irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the mcasurc ordinance to the clactcrs electorate at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the mcasure ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the ~casure ordinance, after the holding of which the mcasurc ordinance shall be finally acted upon by the council not later than sixty-five days after the date upon which such mcasure ordinance was submitted to the city council by the city clerk. If the council shall fail to pass the proposed mca~ure ordinance, or shall pass it on in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed mcasurc ordinance shall be submitted by the council to vote of the clcctors electorate at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. In case the council passes the proposed measure ordinance with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the mcasurc ordinance need not be submitted to the c!cctor~ electorate. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed measure ordinance shall state the substance thereof, and shall give the reqistered voter the opportunity to vote either "For the measure ordinance,, or "Against the maasure Qrdinance,, REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 19 If a majority of the clcctors ye~istered voters voting on any such maasur~ ordinance shall vote in favor thereof, it shall thereupon become an ordinance e~ rcsclution of the city as the case may be. Any number of proposed mcasurcs ordinances may be voted upon at the same election, but in case there shall be more than one, the recistered voter shall be allowed to vote for or against each separately. Section 43. INITIATION OF CF-%_RTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the clcctors electorate under this constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance of the council takes effect a petition signed by ~ ........ c .... crt recistered voters of the city equal in number to ~ ..... ~,~ ... ....... = ten percent of the total vote at the last regular municipal election or 700 si~naturesr whichever i~ ~reater, be filed with the city clerk requesting that any such mcasura prdinance, or any part thereof, be repealed or be submitted to a vote of the clcctors electorate, the said maasura ordinance, shall thereby be prevented from going into operation. The council shall thereupon reconsider the said measure ordinance at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye or no vote reaffirm its adherence to the mcauure ordinance as passed. In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more that forty-five days from the action of the council calling it. If a majority of the recistered voters voting thereon are opposed to the ~%~-r-e ordinance, it shall not become effective; but if a majority of the voters voting thereon favor the measure ordinance, it shall go into effect immediately or on the date therein specified. Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of measures ordinances and as to 'the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 20 REFERENDUM PETITION Proposing the repeal of an ordinance (cr rco ........ , ...... .... may bo) to .... (stating the purpose of the m~"ra ordinance is hereto attached. This measurc ordinance is .sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. Section 2: This ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: June 9, 1997 Motion by Peterson, second by Ruettimann to schedule the second reading of Ordinance No. 1280 being an ordinance amending Chapter 5, Sections 35 through 46 of the Charter of the City of Columbia Heights pertaining to the Referendum and Referendum Petitions for Monday, June 23, 1997 at approximately 7:00 p.m. Roll call: All ayes 3) First Reading of Ordinance No. 1349 Being an Ordinance Amending the Charter, ChaDter 3, Rules of Procedures and Quorum The City Manager reviewed the change being recommended by the Charter Commission which reads as follows: "Detailed minutes of all discussions, motions, or other actions shall be kept for all public council meetings and for meetings of any commissions appointed by the council." Me added he takes notes at all Council work sessions, but has had a tape recorder running during these sessions as well. Councilmember Ruettimann had concern with the amount of "detail" expected if all of the material were to be transcribed from the tape recorder. He suggested amending the ordinance to have a tape recorder operating during public meetings as well as a video recording with sound should be sufficient. A brief synopsis typed up by a staff member was Councilmember Ruettimann's recommendation. He also suggested adding the amendment that this method of recording should be used at all meetings of commissions appointed by the Council and of any other commissions which function on behalf of the City Council. REGUT_AR COUNCIL MEETING JUNE 9, 1997 PAGE 21 The City Attorney stated there is no requirement for establishing a procedure to keep detailed minutes. He felt this was a Charter issue as it is not required by state statute. Motion by Ruettimann, second by Peterson to accept the amendments and to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1349 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 17 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO RULES OF PROCEDURE AND QUORUM The City of Columbia Heights does ordain: Section !: Chapter 3, Section 17, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: RULES OF PROCEDI/RE AND QUORUM. The Council shall determine its own rules and order of business, and shall keep a journal of its proceedings. A majority of all members elected shall constitute time. The Council shall provide by ordinance a means by which a minority may compel the attendance of absent members. Is herewith amended to read as follows: RULES OF PROCEDURE A/qD QUORUM. The Council shall determine its own rules and order of business, and shall keep a journal of its proceedings. Detailed minutes, taped recordinqs or video recordincs with sound of all discussions, motions~ or other actions, shall be kept for all public council meetinqs and/or for meetinqs of any other commission appointed by the Council or any other commission which functions on behalf of the City Council. A majority of all members elected shall constitute time. The Council shall provide by ordinance a means by which a minority may compel the attendance of absent members. Section 2: This ordinance shall be ~in full effect from and after ninety (90) its passage. force and days after First Reading: June 9, 1997 REGULAR COUNCIL MEE. TING JLrNE 9, 1997 PAGE 22 Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1349 .being an ordinance amending the City Charter, Chapter 3, for June 23, 1997 at approximately 7:00 p.m. Roll call: All-ayes B. Bid Considerations None C. Other Business 1) ghanqe Order to Remove Retaining Wall Motion by Jolly, second by Jones to authorize Change Order 9415-1 to sawcut and remove the retaining wall on Gould Avenue for 3942 Reservoir Boulevard to Midwest Asphalt Corporation in the amount of $3,960.00. Roll call: All ayes 2) Approval of ConsultinG Contract with USAcFuatics on Wading .Pool Improvements Motion by Peterson, second by Sturdevant that a contract for the evaluation phase of the wading pool improvements be awarded to USAquatics based on their experience for a not-to- exceed cost of $4,800; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Funding for this study is to be from Fund 412-45200. Roll call: All ayes 3) Appeal - Variance and Conditional Use Permit, Brad and Chris Ferris, 411 40th Avenue Northeast The Zoning Coordinator reviewed the appeal of the property owners regarding the prohibition to use the property at 411 40th Avenue. She also reviewed the history of the house relative to its condemnation. Some of the work done previously in the house was performed by a friend of the former owner. It was noted that the work currently being done is being done without permits. This work must have permits pulled even if it is completed. There will not be permits issued by the Zoning Department until detailed architectural plans and drawings have been submitted by the current owners. Councilmember Ruettimann inquired if the City would be put at risk if it rescinded the resolution declaring the building at 411 40th Avenue as hazardous and approve the requests. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 23 The City Attorney advised that the City is protected from any risk with this matter by rescinding Resolution No. 95-69. Councilmember Ruettimannfett there should besome reassurance for the Council that the owners of this property had been made completely aware of what they are expected to do with this property before it can be considered complete, in compliance, and a Certificate of Occupancy is issued. He suggested a very complete list be drafted including all these items. Motion by Peterson, second by Jolly to rescind Resolution No. 95-69 declaring 411 40th Avenue Northeast as an hazardous building and approval of the appeal request to allow the use of the property as a commercial use provided all Code required work is completed and inspected per the Building Official, Fire Inspector and Housing Maintenance inspection requirements prior to occupancy. Roll call: All ayes Motion by Peterson, second by Jolly that all required work be completed and approved prior to occupancy unless the Building Inspector approves a temporary certificate of occupancy and that there be the installation of the required screening fence along the north property line. Roll call: All ayes Motion by Peterson, second by Jolly to approve the conditional use permit for a second story dweiting unit at 411 40th Avenue Northeast provided the following conditions are met: 1) Appeal for use of the building is granted by the City Council. 2) Variance of 4.5 feet be approved by the City Council. 3) All code required work be completed and approved prior to occupancy of the residential unit. 4) Installation of required screening along the north property line of the property (six foot high privacy fence). 5) Obtain a City rental license for residential unit. Mrs. Ferris, one of the property owners, inquired as to the necessity of requiring the installation of a six foot high fence. She was advised why this screening fence is needed. ADMINISTRATIVE REPORTS A. ReDort of the City Manacer The City Manager reviewed the items for the June 16th Council work session agenda. REGULAR COUNCIL MEETING ~?NE 9, 1997 PAGE 24 Included on the agenda will be a discussion on the HERC situation on Innbruck Parkway, the Public Safety Department concept and effects, procedures to appoint an Assistant Fire Chief and the COPS FAST program. A meeting with the Auditor will be the first item on the June 16th work session agenda. The Public Works Director explained that some trees are being removed from the area where the new waterworks structure is being built. The City of Minneapolis has been informing the neighbors in the area as to the timetable for this project. In response to an inquiry about the location of a platform and landscaping in the area of the Columbia Heights' water tower, the Public Works Director gave an update as to activities. The platform is not being moved only the equipment which was on the platform is being moved. Fencing will be added as will landscaping. The property owner to the north of this project will be advised as the project progresses and invited to give his input. Councilmember Peterson inquired if there is follow-up on weed complaints. The City's Community Service Officers do this follow-up. An inquiry was made regarding the weeds along the University Avenue corridor. The Public Works Director noted he has not been contacted by MnDOT maintenance staff on this matter. He will contact them in two weeks if he has not heard from them. The City Manager advised that the roofs of all city buildings will be viewed by a contractor. B. ReDort of the City Attorney The City Attorney had nothing to report at this time· GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetinqs · Minutes from the April 15, 1997 EDA Meeting, the June 2, 1997 Traffic Commission Meeting and the May 22, 1997 Charter Commission Meeting were included in the agenda packet. They were for informational purposes only and required no Council action. REGULAR COUNCIL MEETING JI/NE 9, 1997 PAGE 25 i0. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA Mrs. Kuppe, property owner of 4020-4022 Central Avenue, presented a petition from business owners in proximity to her property. The petition requested the Council to consider allowing businesses to put up reasonable temporary signs and wares to sell on the sidewalks of their block. The block is on the west side of Central Avenue, 40th to 4tst Avenues. The business person at 4022 Central Avenue had received a ticket for a sign which he had placed on the sidewalk outside his business. The Zoning Coordinator stated that an ordinance change would be needed to accommodate any signage or other wares being placed on the sidewalk. This is viewed as an obstruction of a public right-of-way. Mrs. Kuppe and her tenant spoke to the need to draw attention to the businesses in their area. It is her tenant's desire to have an outside cafe and some sidewalk displays of his products. The City Attorney was requested to review existing ordinances which address signage and sidewalk cafes. The Zoning Coordinator will review the ordinances also and draft a letter which addresses this situation. The Police Department will be copied on this letter. RECESS TO EXECUTIVE SESSION The Regular Council Meeting was recessed at 8:55 p.m. to an Executive Session to discuss negotiations regarding the lease for the Top Va!u Liquor Store. Jo-Anne Student was appointed as the Recording Secretary to keep a written report of the same. RECONVENE REGULAR COUNCIL MEETING The Regular Council Meeting was reconvened from the Executive Session at 9:30 p.m. which was called to discuss negotiations regarding the lease for the Top Va!u Liquor Store with a written report being kept by Jo-Anne Student, Council Secretary. REGULAR COUNCIL MEETING JUNE 9, 1997 PAGE 26 11. ADJOURNMENT Motion by Peterson, second by Jones to adjourn the meeting at 9:31 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 6/23/97 AGENDA SECTION: C 0 N S E N ¥ ORIGINATING DEPARTMENT: CITY MANAGER ITEM: FINAL PAYMENT FOR 1997 ~" 1~" ~'- BY: M. Winson BY' NO. STREET AND PARKING LANE STRIPING DATE: 6/16/97 Attached is the invoice for paymem of 1997 Street and Parking Lane Striping for $4,970.66. The invoice total equals the bid mount and is comprised of $4,412.41 for striping the State Aid Streets and $558.25 for striping the local streets. RECOMMENDED MOTION: Move to accept the work for 1997 Street and Parking Lane Striping and to authorize payment of $4,970.66 to AAA Striping Service Co. of Rogers, Minnesota. MAW:jb 97-360 Attachmem COUNCIL ACTION: iAAA Striping Service Co. 5392 Quam Avenue, RO. Box 349, Rogers, MN 55374 (612) 423-4322 JUN 1 3 ~997 INVOICE NUMBER: PUBLIC WORKs INVOICE DATE: PAGE: 0091041-IN 06/12/97 1997 CITY-WIDE STRIPING CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE NE COLUMBIA HEIGHTS MN 55421 DESCRIPTION 4" BROKEN YELLOW PAINT 4" BROKEN WHITE PAINT 4" SOLID WHITE PAINT 8" SOLID WHITE PAINT 4" SOLID YELLOW PAINT 4" DOUBLE SOLID YELLOW PAINT MILE MILE/' MILE MILE MILE MILE CUSTOMER NO: 99COLU CUSTOMER P.O.: TERMS: NET 30 QUANTITY PRICE AMOUNT ll.~Z 184. OOO 2, 138.08 · ~i 184. 000 75. 44 5,~ 407. OOO 2, 292. 16 o.~q 814. 000 56.98 0.7-H 307. OOO 73.68, O, ~ 614.000 233.32 NET INVOICE: FREIGHT: ~ALES TAX: INVOICE TOTAL: 970.66 . O0 · O0 970.66 CITY COUNCIL LETTER Meeting of: 6/23/97 AGENDA .S~CTION: ORIGINATING DEPART~NT: NO. ~ CONSENT PLrBLIC WORKS I=M: CHANGES IN CONSTRUCTION PROJECT BY: M. WINSON ~']~"~'- By.~'~/~ NO. ON 44TM AVENUE 4 "' ~t~ ,,, ~ DATE: 6/16/97 Staffhas prepared a Supplemental Agreement and three Change Orders for the project on 44~ Avenue. The Supplemental Agreement is to install a fence or shrub barrier at the top of each retaining wall over 30" in height. The type of barrier was chosen by each property owner. Change Order gl is to install a 2' high retaining wall along the sidewalk at 1421 44t~ Avenue instead of regrading and sodding the yard. This Change Order was requested by the property owner. Change Order #2 was to add step removal and replacement at 1229 44t~ Ave. The original step construction below grade would not permit the retaining wall to match the side of the step. Change Order #3 reduces the diameter of the handrail from 2" to 1 5/8". The smaller diameter handrail is typically used in residential construction. The additional costs will be available in State Aid Funds. RECOMMENDED MOTION: Move to authorize Supplemental Agreement No. 1 to provide a barrier at the top of each retaining wall in the amount of $8,746.00, Change Order No. 1 to install retaining wall at 1421 44~ Avenue in the amount of $2,032.00, Change Order No. 2 to remove steps and construct a stairway at 1229 44~ Avenue in the amount of $1,712.00 and Change Order No. 3 to reduce the size of the handrail from 2" diameter to 1 5/8" diameter in the amount of $0.00 to Ron Kassa Construction. MAW:jb 97-359 COUNCIL ACTION: STA..TE OF MINNESOTA DEPARTMENT Ol~ TRANSPORTATION SUPPLEMENTAL AGREEMENT Ron Kassa Construction 7438 Up ton Ave. Richfield, MN 55423 Pro. No, j F.Y. j Acc=unt I,D. Purc~a.'~e Terms j A.~et No. t 000NET 44th Avenue N.E. Columbia Heights C.C0.2 TYPE OF A40 ( ) A41 ( ) Dated TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated No. 1 Sheet , 113-104-10 ~.4 Number Entered by Number Entered by .Th. [s~ cQntr&c~ ~.s.. a~ended as--felle~.'l WHEREAS: WHEREAS: this contract provides for, among other things, construction of retaining wall along 44th Avenue to permit installation of a sidewalk, and several of the walls are taller than 30" in height, and WHEREAS: no provisions were made to install a barrier at the top of the wall, NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: The Contractor shall furnish the labor, equipment, and materials required to install barriers at the top of the retaining walls as directed by the Engineer. 2. Payment shall be at the negotiated unit prices as shown in the Estimate of Costs. 3. Contract time will not be revised except as may be provided for under the contract provisions of Mn/DOT 1806. The Contractor shall not make any claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work or furnishing the materials required by this Agreement. APPROVED: APPROVED: OfiginaJ Contract Commissioner of Commisisoner of $109,444.00 Dated Administration ~nance Approved as to form Dated By By and execution Dated Dated Dated.. ~.~n~ Attomw ~ Dated Ori inal to State Auditor -- Copy to Agency MNfDOT 'rP-02134-03 STATE OF MINNESOTA DEPARTMENT 0~' TRANSPORTATION SUPPLEMENTAL AGREEMENT No. S~p~. t~ Contmct. No. , - Sheet 2 of 2 Ron Kassa Construction 113-104-10 7438 Upton Ave. Richfield, ~ 55423 Terms i Asset No. ~NET ~ Dept./giv. I C.CO.1 44 th Avenue N. E. Columbia Heights I o~ I TYPE OF A40 ( ) A41 ( ) Dated Number TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated vendor Entered by Number Entered by T~cQntra,ct ~. a~ended as- ESTIMATED CHANGE IN COST Estimated Contract Item No. Item Description Unit Quantity Unit Price Amount 0557.603 Wood Rail Fence (With Brown Treated Posts) Lin Ft 37 $20.00 $740.00 0557.603 Ornamental Iron Fence Lin Ft 38 $35.00 $1,330.00 2571.503 Apple, Honeycrisp Dwarf Tree 1 $50.00 $50.00 2571.504 Spruce, Dwarf Alberta #5 Shrub' 2 $43.00 $86.00 2571.504 Spruce, Birds Nest #2 Shrub I $40.00 $40.00 2571.505 Barberry, Japanese Greenleaf 18" Ht Shrub 2 $30.00 $60.00 2571.505 Burning Bush, Compact 18" Ht Shrub 25 $33.00 $825.00 2571.505 Chokeberry, Glossy Black 30" Ht Shrub t9 $30.00 $570.00 2571.505 Honeysuckle, Miniglobe 18" Ht Shrub 43 $30.00 $1,290.00 2571.505 Hydrangea, Nikko Blue 18" Ht Shrub 1 $32.00 $32.00 2571.505 Hydrangea, Peegee 18" Ht Shrub 2 $30.00 $60.00 2571.505 Lilac, Miss Klm 24" Ht Shrub 13 $30.00 $390.00 2571.505 Mockorange, Miniature Snowflake 18" Ht Shrub 2 $30.00 $60.00 2571.505 Snowberry, White 18" Ht Shrub 2 $32.00 $64.00 2571.505 Weigela, Polka 18" Ht Shrub 2 $32.00 $64.00 2575.513 Mulch Material Type Aggregate Cu Yd 14 $90.00 $1,260.00 0575.606 Landscape Fabric- Weed Barrier Sq Ft 1500 $0.30 $450.00 Special Landscape Edging, Commercial Grade Lin Ft 500 $2.75 $1,375.00 Total Increase This Supplemental Agreement $8,746.00 APPROVED: APPROVED: Original Contract Commissioner of Commisisoner of $ l0c) , 444.00 Dated Administration Finance Approved as to form Dated By .- By. and execution Dated Dated Dated As~L.~t Attarr',~/C.-~qer~l Dated C)HnJnml tn ~tate Auditor -- C~I2V to A_clency STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION ,,,. CHANGE ORDER ee~,,ec,er Ron Kassa Construction S.P.~. 113-104-10 Add,e,, 7438 Upton Ave., Richfield, MN F.P. No. Job Lacoti~. 44th Ave. N.E., Columbia Heights, C~tract .In accordance with the terms a! ~;s Cane. tract, ypu are hereby author;zed and in structed to perfo,:m the Walk os Construct modular block retaining wall along sidewalk at 1421 44th Avenue in lieu of grading a 1V:4H slope and sod. The block shall be Tan Rockface Keystone compac and compac cap units as manufactur&d by Sheily Masonry Products. ~ork will be done at bid price. ESTIMATED CHANGE IN COST CONTRACT ITEM NO. ITEM NAME UNIT QUANTITY UNIT PRICE AMOUNT 0411.603 Construct modular block S.F. 160 12.70 2,032.00 retaining wall TOTAL $ 2,032.00 CHANGE IN COHTRACT TIME Due to rh;s change ~'ne Controct Time: i,~creosed ( ) ~o~;ng ( o. ia decreased ( ) by Calendar b. i~ n~t c~anged ( ~. c. may be ~eviSed ;f ~e wor~ effected ~e c~nt~ol~ng opero~ion (). Ca~y to C. an[r. Admire En~Ir, -- Satmon CoPY tO Project Engineer -- Pink Copy to Materials Ofti~ -- Gol~nrod dayS. Issued by Mn/DOT TP-218.40-02 (5/83) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION CHANGE ORDER 2 Ce~t~acto~ ROI% Kassa Construction Add~a,s 7438 Upton Ave., Richfield, MN Job Loca,lg, 44th Ave N.E., Columbia Heights, MN F.P. C~r~tract 113-104-10 .In accordance with the terms of this Con:tract, y?u ore hereby, author;zed and in · t ructed to perfo~:m the Work as altered by the f~llowin~ previsions: Remove concrete steps and install concrete stairway at 1229 44th Ave. Work will be done at bid prices. Existing concrete steps were constructed with an extra wide base below grade. Modular block retaining wall could not be constructed adjacent to existing steps. ESTIMATED CHANGE IN COST CONTRACT ITEM NO. ITEM NAME UNIT QUANTITY UNIT PRICE AMOUNT 2104.509 Remove concrete steps Each 1 200.00 200.00 2411.507 Concrete stairway Each t 1,200.00 1,200.00 SPEC Install hand railing L.F. 12 26.00 312.00 TOTAL $1,712.00 CHANGE IN CONTRACT TIME increased ( ) by a. is decreased ( ) b. ;S no! changed (,~). c. may be rav;·ed if the affected the controlllng operation tk'o~ing ( ) days. Calenda~ ( ) Original to Contractor Copy to Contr. Admin. Enlr. -- Salmon Copy to Project Englneer -- Pink Copy to Materials Offlc~ ~ Golclenrod Issued by ApproYecJ by Accepted by Mn/DOT 'r p. 218.4.0. o2 STATE OF MIN~£$OTA DI:pAI:{TMENT OF: TRANSPOF{TATION CHANGE ORDER 3 1 .t 1 Ce.~t,ecte, Ran Kassa Construction Addr,ss 7438 Upton Ave., Richfield, MN Jab Loca,~g-44th Ave. N.E., Columbia Heights, MN 113-104-10 F.P. Ne. Ccmt~act .In accordance with the terms of this Coif-tract, y?u are hereby authoflzec[ a~d in structed to perfoim the Wo~k as eltered b~, the Ir&llowin~ provlsians: Pipe size for hand railing was reduced from 2" diameter to 1 5/8" diameter to improve aethetics with residential property. ESTIMATED CHANGE IN COST CONTRACT ITEM NO. ITEM NAME UNIT QUANTITY UNIT PRICE AMOUNT SPEC Install hand railing L.F. 0 26.00 0.00 TOTAL $0.00 CHANGE IN CONTRACT TIME Due to th~s change the Contract Time: increased { ) by. a. is decreased ( ) b. iS not cha~ged (X). c. may be ~'ev;sed if the worJ< effected the controlling operation (). Wo*~ing ( ) days. Calendar C ) Ori2inal to Contractor Copy to Contr. Admin. Engr. --Salmon Copy to Project Engineer -- Pink Copy to Materials Of ritz -- Goldenrod Issued by CITY COUNCIL LETTER Meeting of:June 23, 1997 AGENDA SECTION: ORIGINATING DEPARTME~: CITY MANAGER ¥ ITEM: AUTHORIZATION TO PURCHASE RED 'LED' BY: Mark Winson ~ ~v - BY: SIGNAL HEADS q" t~" 4 DATE: June t8, t997 I~ DATE: As part of the signal improvements on University Avenue and 37~ Avenue, the existing red (both balls and arrows) are to be replaced with LED (light emitting diode) heads. The LED heads use 75% less energy than the traditional lamp and lens heads and have an expected life of ten years compared to the two to three year life of a lamp. The contract with Ridgedale Electric for the signal improvements proxddes for the installation of the new heads, with the City supplying the heads. This is less expensive as the City can purchase the heads off the Mn/DOT contract. Also, NSP and Mn/DOT have a program in which the City is reimbursed for the cost of the heads by NSP and NSP recouping the cost over 3-5 years by charging the City for normal electric useage until the cost is paid back. Although this is a good program, we are investigating being reimbursed directly from our State Aid Construction Fund. More information on this will be available by the time of the Council meeting. The LED heads have a six week lead time. Staff is seeking authorization from the Council to issue a purchase order in order to have the heads available by the time signal improvements start. The cost of the heads off the Mn/DOT contract with Brown Traffic Products is as follows: RED BALL INDICATORS RED ARROW INDICATORS 81 ~ $188.00 each $15,288.00 16 ~ $ 97.00 each L552.00 Subtotal $16,840.00 Sales Tax 1,094.60 TOTAL $17,934.60 It is proposed that the heads purchased from the State Aid Maintenance Fund and that ~vhen the reimbursement is received is be placed back into the State Aid Maintenance Fund. RECOMMENDED MOTION: Move to authorize the purchase of LED red ball and red arrow indicators from Brown Traffic Products based on the Minnesota State Contract price and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same, with the purchase being funded from the State Aid Maintenance Fund. MAW:jb 97-365 COUNCIL ACTION: SI.tH $? '~7 g~:44 BP, bi ~f',tCo Local'Government Program L.E,D. TRAFFIC SIGNAL: LAMP REPLACEMENT SPECIAL OFFER NsP is offering a special incentive and financing for lamp ' replacement for traffic signals .as an outdoor lighting exception to the Local Government Program. / * Bounty of $.15 per kilowatt saved * No auditing/engineering reimbursement * Zero-percentfinancing for the equipment cost only L,E.D. technology for the red indications in traffic signals has i~proved and is recommended by the MN Department of Transportation for energy efficiency, * Save up to 75% of the electric charges per year per lamp. * Expect tamp life of up to ten years, * Expect I/3 6f"total cost over the lamp life, when combining the initial cost, installation labor and energy savings compared to incandescent, * Expect a simple payback of 3-5 years. For more information call NSP 1-800-481-4700 for your NSP rep for the NSP Local Government Program details, or MN DOT, Peter Skweres at 725-2300 regarding the technology, CITY COUNCIL LETTER Meeting of June 23, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER C 0 N S E t4T Fire APPROVAL NO: ~ ,~'/ ITEM: Close Hearing BY: Charli¢ Kewatt BY:/~/~~ Rental License Revocation NO: 4 "~ "'~t~ DATE: June 17, 1997 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Anthony W'flczek regarding rental property at 3935 Tyler Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of June 23, 1997. : ..... 7.~- - . .... The public hearing on this property may no~ be closed in that-~ffe ~Wner has complied with requirements of the Housing Maintenance Code by submitting a complete application and submitting the re-licensing fees and scheduling the annual inspecti_on. ~ ......... .~ RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Anthony Wilczek Regarding Rental Property at 3935 Tyler Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. close.hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 23, 1997 AGENDA SECTION: CONS ENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 4 Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt BY: License Revocation, Rental Properties NO: '~" i~ ° ~ DATE: ~ '~ /~/ [~'q ~') DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Patrick CarlSon ................... i..4757 4~ Street NE. 2. Thomas Brooks...~.~ ........ i ....... 4328 6~ Street NE 3. Michael Shaffer ...................... 37 i7 P011~ S'treet NE 4. Mohsen Dessouki ..................... 46~0 Fillmore Street NE 5. Brian Bona....k... ....... ::: ...... ,24015 7~ Street NE 6. Jean Tho~ ......................... ::.:.4641 W:~fi~gt0ng~eet +~ 7. Randee L. ~m~n ....... ~72::~A533-4535 Washin~on S~et 8. Doris Jorgenson .......................... 1480-1490 47~ Aven~ 9. Edwin Matthes ............................ 5229 7~ S~t RECOMMENDED MOTION: Move to Establish a Hearing Date of July 14, 1997 for Revocation or Suspension of a License to Operate a Rent~ Property within the City of Columbia Heights against the above-named Property Owners Regarding their Rental Property. COUNCIL ACTION: CITY COUi~CIL LETTER Meeting of: June 23, 1997 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 4 City Manager APPROVAL ITEM: Establish Dates/Times for Council BY: J. Student BY: ~orks Sessions ~-~o~ ~ATE June ~8, 1~7 DATE: MOTION: Move to establish Monday, July 7, 1997 at 7:00 p.m. and Monday, July 21, 1997 at 7:00 p.m. as dates and times for council work sessions to be held in the City Hall Conference Room. COUNCIL ACTION: TO CITY COUNCIL JUNE 23, 1997 *Sio~ned Waiver Form Accompanied Application 1997 BUSINESS liCENSE AGENDA APPROVED BY POLICE DEPT. OFF SALE BEER *Jeffrey D. Bahe' Conoc Express Service Center LICENSED AT 3701 Central Avenue FEE 100.00 BUILDING OFFICIAL CONTRACTORS *Antco Construction Company *B & B Sheet Metal & Roofing, Inc. *Gallagher Heating & Air *E.A.H. Schmidt & Assoc. *St. Paul Plumbing & Heating 4175 Lovell Road 210 Centennial Drive 17209 Tungsten St. N.W. 3245 Winpark Drive 640 Grand Avenue 40.00 40.00 40.00 4~00 POLICE DEPT. TAXICAB DRIVER *Clifford Piper, Jr. 117 - 116th Ave. N.E. 20.00 POLICE DEPARTMENT TAXICAB VEHICLE *Clifford Piper, Jr. . Town Taxi within the City, vehicle #133 75.00 To: From: Re: Date: Walt Fehst, City Manager Charlie Kewatt Rental Housing Licenses 06/20/1997 The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Tuesday, April 1, 1997 Occupany I.D. Property Owner Name Property Address 10010 Larry Wakeman 4147 Washington Street Permit # F2105 10019 Wilmer Adams 5001 Washington Street F2111 10078 Alan Schultz : :' _;~ $25~3'8t~ Avenue F2074 12010 Roland Meyer : 5234 Washington Street F2121 12011 Rita Egan "~/'~ ~?/607 38"~AVenue F2091 12012 Lisa Swanson 4530 Washington Street F2092 12013 Francis Walczak 4514 Washington Street F2073 12014 Doris Swen 12015 4600 Washington Street F2080 Donald Medchill 4600 Jefferson Street F1076 12016 Jean Nixon 4700 Jefferson Street F2153 12017 Katherine Cole 4626 Washington Street F2120 12019 Tod Hanson 4918 Tyler Street F2277 12020 Roger Hegna 5111 Washington Street F2124 06/20/199 11:27 Page 1 Columbia Heights Fire Dept Tuesday, April 1, 1997 Property Address Permit # Occupany I.D. Property Owner Name 12033 Frederick Bursch 5134 Washington Street F2083 12035 Gale Seever 5208 Washington Street F2097 12052 Gary Rajkowski 4803 7th Street F2099 12053 Lowell Brown 3943 Tyler Street F2109 12055 TERRY ZAWADSKI 4657 Washington Street F2129 12056 Helen Abresch 4635 Washington Street F2084 12057 Hedwig Hirsch .... 4612 Washington Street F2087 Kenneth Kronstedt ~ - 5242Washington Street 12060 F2123 12063 Laurence Schultz 4630 Washington Street F2106 12066 Willam Franz ........ 3_830.3rd Street F2096 20011 James Cross 5116 Washington Street F2110 20012 Vickie Tierney 5252 Washington Street F2082 20142 Bradley Harlan 5110 Washington Street F2113 20143 Bradley Harlan 5140 Washington Street F2114 20144 Bette Harlan 5146 Washington Street F2115 20145 Bette Harlan 5200 Washington Street F2116 20168 Jessie Rudensky 4534 Washington Street F2126 20169 Jessie Rudensky 4518 Washington Street F2127 06/20/199 11:27 Page 2 Columbia Heights Fire Dept Tuesday, April 1, 1997 Property Address Permit # Occupany I.D. Property Owner Name 20173 Gerald Grote 4644 Washington Street F2102 20174 Ge raid Grote 4650 Washington Street F2103 20177 Roger Hegna 5101 Washington Street F2139 20180 Ken neth Koster 5152 Washington Street F2078 20183 Darwin Peterson _ 5228 Washington Street F2093 20186 Kenneth Johnson 5248 Washington Street F2107 20212 Jai Ramnarin~ 4550 7th Street F2125 20213 Jerome Machlitt -- 4622 7th Street F2076 20217 Robin Meierhoffer 5255 7th Street F2094 20359 Avery Fenne : -' ~ ~ 7'~4645 W~Shington Street F2100 20394 Donald Rudnitski 511._1_5_.Washingt°n Street F2079 30072 Ronald Elmquist 3915 Lookout Place F2119 30110 Kenneth Pearson 538 Summit Street F2075 Charlie Kewatt, I~ ~-hief 06/20/199 11:27 Page 3 TO CITY COUNCIL JUNE 23, 1997 ',SJg~d ~aJ~r Form Accom~anie~J A~plJcation 1997 BUSINESS LICENSE AGENDA APPROVED BY POLICE DEPT. OFF SALE BEER *Jeffrey D. Babe Conoc Express Service Center LICENSED AT 3701 Central Avenue FEE 100.00 BUILDING OFFICIAL CONTRACTORS *Antco Construction Company *B & B Sheet Metal & Roofing, Inc. *Gallagher Heating & Air *E.A.H. Schmidt & Assoc. *St. Paul Plumbing & Heating 4175 Lovell Road 210 Centennial Drive 17209 Tungsten St. N.W. 3245 Winpark Drive 640 Grand Avenue 40.00 40.00 40.00 4~00 POLICE DEPT. TAXICAB DRIVER *Clifford Piper, Jr. 117 - 116th Ave. N.E. 20.00 POLICE DEPARTMENT TAXICAB VEHICLE *Clifford Piper, Jr. Town Taxi within the City, vehicle #133 75.00 BRC FT. NAI'.!C:]~AL SYS]'LT.M 06/20/97 08 :; 16 :; 52 FUI,ID F~ECAF:': F'UND DESCR ~[ PI' Z ON ].01 201 202 20,3 204 205 2.1.2 21.3 2-".'25 235 240 250 274 276 40 .1. 402 405 4.1.5 431 601. 602 603 609 651 701 7.1.0 720 884 886 887 GEN[<RAL. COMMUN.T. TY DEVEI...C~F:'MI::ZIqT FUND ANOI<A COL.INTY CI)BG F'ARKV].'EW V.1]...L.A NORTH ECONOM]]C DEVELOF'MtEhlT AU'T'I'I SECTZON 8 ~C;TA]"IE A ]7~() MA Z hlTENAhtCI:Z F:'ARKV]~E'}~ V.1]L..L.A SOUT~'I CABL. E TI.Et...EV ]7 S Z ON RENTAL. H(]US LIBRARY COl.. FIGHTS AF'TFZR SCI'lO01... ENR]] COF'S GRANT - OVI:ZRTIME L.OCAL. I...AW EIqFrORCI:T. BL.K GRANT CAF']'TAL. IMF'ROVEMEIqTS' STATE AZ][) CON'~TRUCT]]ON I)OWNTOWN MA]]htTE]NANCE CAF' ]] TAL.. ZMPROVEMEhF¥ - PT.R CAP EQUIP REF'L.ACE-GENERAL. WATER UT]]...ZTY SEWER UT]]I...I TY REFUSE FUND L. I Q L.IOR WA'f'ER CONSTRUCT]iON FUND L]:ENTRAL. GAPAGE ENERGY MANAGEME']'-IT I)ATA PROCESS.T. NG ~NSURANCE ESCROW ]iNVESTMENT TRUST FLEX BENEFZT TRUST FUND TOTAL AI...I... FUIqDS BANK RECAF': BANK NAME BANK CHECKZNG ACCOUNT C he c I-.'. HJ. story D l SBUI:;~SEMIENT S 46:,616.09 2,705 .. 37 t86,39 1.3,364.30 8 :, 204.24 325 ,, 75 2 :, 755,03 5,610.27 J. :, 83:L . 66 281.58 1 :, .t99.91 4,176.00 57.62 50.06 7 :, 335.26 33,351.08 2,52]..25 434,242.06 596.20 87,670.97 1 :, 856.86 t. 03,548.96 270 :, 640.73 30,002., 80 1.1. :, ].36.01 8,014.88 I :, 3~0.49 203 ,. 00 ].72 :, 038.25 800,000.00 434.28 2,052,147.35 I) l S BUI";eSEMIEN T S 2:,052,147.35 ":" O ~,,.:. BRC FINANCIAL SYSTI:ZM 06/20/97 08: :1. C he c I,.'. History 6/23/97 COIJNCIL LIST BREAKDOWN BAN K VENDOR CHECK NUMBER BANK CI--IEZ)I(II,IG ACCOUIq"I" AID EI..ECTRIC 8E:RVICE IHC AIR TOUCI-I CEL.LUI...AR Al,ICHOR PA F:'EI;,' BA I I~I)/MARGARET BEI..LBOY BAR SUF'PLY BEI_I..BOY CORF:'ORATZON BERGF'ORD TRUC KING BtJRANEN/BERNADINE CFIISAGO LAKES DISTRIBUTI CITY PAGE~ CITY WIDE WINDOW ~ERVICE (%)CA-COI...A BOTTLING MIDWE COLLOVA/ CARMELO CZAF'IEWSKI/ZREt,IE DAHL. I N/EDWARD DAI...CO ENTERPRISE9 Il'lC EAGL. E WINE COMF'ANY EAST SIDE BEVERAGE CO EATON/M I CHELL. E FEHN/F'HZL.LIP & PHYLLIS F'OUR SEASON8 SERVICE GI...AS~ MAS'I-ERS GONSALEZ/ALF:ON~O GOODIN GOULD/ELEANOR (3RAZZINI BROTHER~ & CO GRIGGS--COOPE]~ & CO GTE SUN DIRECTORIES HANSON/KAY HOHEhI~TEIhI~ HOME DEPOT HUBER'FY/'rI--IOMA~ JOI-.IN~ON BROS. LIQUOR ~LBI-tlq~ON/'['I--IOI,IA~ M JOHNSTON/JUNE KAI..I_ESTAD/GARY KL..U K/F'AYE: KOWAL/JOSEF'H KLIETFIER DIST. ~0. I_.AR K Z N/OOHN LEEF BROS. MARK VII DIS'F. ME'~RO CASFI REGISTER ~Y8T MIIqNESOTA DAILY/TFIE M I NNE~OTA TWI hl~ M I N TER-WE I SMAhl MN DEP]' OF' RE:VENUE 65622 65623 6562:4 65625 65626 65627 65628 65629 65630 6563:1. 65632 65633 65634 65635 65636 65637 65638 65639 65640 6564:1. 65642 65643 65644 65645 65646 65647 65648 65649 65650 65651 65652 65653 65654 65655 65656 65657 65658 65659 65660 6566:1. 65662 65663 65664 65665 65666 65667 65668 CITY OF COI..UMBIA HIEIGHTS GI..540R-V05.00 F'AGli: 1 AMOUI,rI" 353.63 2.84 338.39 31.50 168.92 :1., 023. ~:1. 87.60 5 ,, 00 6,918.45 840 ,, 00 15.98 2,900 ,, 30 1,960., 00 30 ,, 00 184.98 56 .. 335.54 77,680.03 2.13.09 200 ,, 00 1, O05.00 450.00 25. O0 34.63 31.50 450.00 7,154.37 459.00 5.00 :1. :1., 593.70 11.37 189.13 12:, 000.83 367.65 168.20 6 .. 02 30.00 242,,49 18,693.05 21.25 10:1.. 6:1. 26,039 ,, 56 169.92 131 ,. 52 900. O0 4,229.19 6,1.1.0.00 BRC; I--.I~tqAI',IC.11AL 8YSTI:ZM 06/20/97 08: .1. Check H:Lstory 6/23/97 COLJN[;]~Lo. ET. ST BREAKDOWN CZ'FY OI.~ COL. LIMBT. A tqEZGHTS Gt...540F~-V05.00 PAGE BANK VENDOR CHECK NUMBER AMOUN"[' BANI< CI'qZC) K:I:N(3 AC;COUN'T N E.; P I,IORGAAF(D/D.T.R K NOF;,'-FH 8'I"AR ICE NORTFIL..AIqD ELECTRT. C SUF'PL NYQU I S"F/L. YD Z A F'IEF'8 Z-'COI...A-7 UF' PIi!]T1Z R~i;ON/R OGER F:'IETTY [;ASF'I - LSARY BRAATE I'""IiETTY C.:AF.:;H - KAREN MOEL.f_ F'H]]L..L...T. PS W.T.I',IE 8;: SF';[RT8 F:'R Z C. IR W ]'. I',tE QUAL. T. TY W.T.I,IIT. & [~ C FI M Z i) l'/1< F: N N E 'i" H ~'3 -t"A R TR ]: BI,.JI',f E 'E;LINI) BE:RG/F:'LORE:lqCE VAL. L. IEYV.T.F. EW I'ZI...EMIENTAR Y VAI...MOhlI)/SHEL .1~ NA ~,-~0 S~ L.. ZGHTZI',IG OI...YhlY I</'PAT ANDE:RSON/KE']'II'IETH R AF:'ACFIE: GROUP OF' MZNNSO]"A BL:.']..LBOY C:ORF'ORAT T. ON [;HIE,?;TER ,";; LINI)A BECK/JAM CH.]:SAGO t...A I(ES C]:TY WT.D['E WINDOW 8ERVT. tTE DEL. EGAF~D TOOl_ CO., D :1: ETZ/E:THE:L. IEA('~LE WZI'qE COMPAt'tY IEAS'f' SIDE BE:VEI~'AGE CO FUERST/BRYON G1ENU:[NE: F'ARTS/NAPA AUTO GOOD ]:N CO. GC~VE:RNMENT FINANCE OFFIC GF:,'IEIEN M GRIGGS-'COOPE:R & CO I'~OtqlEI'IS'TIE]:N8 ZNC JOHN~30N PAPER & SUF'F'I_Y C JOL. I_Y/DONA1...D KUETHE:R DIST. CO. l-li'--W ANDOWS K Z / DEt'I Z ,.SE MARl( VT.I DIST. MtEDZC]:NE I...AI(IE TOUR8 M :l: t-tN E[3ASC':O t'1 :I: N'TER--WE .T. SMAN N L.'3 F' NOIRTFI1...AI'-ID E]_I.'T. CTRZC 8UF'F'L I::'AR'FS PL..U8 65669 .1.98.13 65670 18.00 65671 1,539.00 65672 .'1. 56.7.1. 65673 20.00 65674 528. 65675 57.62 65676 85.25 65677 80.03 65678 3,8;-:' 5 ,, 8.1. 65679 .1. ,0.1.7.. 47 65680 673.38 6568.1. 172.67 65682 .1. :, 837.9.1. 65683 36.50 65684 2,925 .. 00 65685 200.00 65686 50 .. 75 65687 I, 500 ,, 00 65689 414.00 65690 340.80 65691 8,643.32 65692 1.1.2.45 65693 2,886.95 65694 8.52 65695 34.65 65696 45.00 65697 80.03 65698 26 :, 315.15 65699 21.27 65700 249.00 65701 38 ,, 15 65702 415.00 65703 447.75 65704 2,473.10 65705 5,460.85 65706 408.74 65707 9,. 20 65708 18,240.20 65709 165.81 65710 .1.0,070.41 6571..1. 1, t6! ,. 00 657.t. 2 64.89 657.1.3 2,537 ,, 78 657.1.4 13,8:L 1.91 65715 29.94 65716 60.57 BRC F.T.I,IAI,ICIAI_ SYS'¥EH 06/20/97 08: 1 Check I-;istory 6/,c.,.~/97 COUIqCIL. I..IST BREAKDOWN BANK VENDOR CHI:T.C K NUMBER BANI( CI--IIECI(IIgG ACC;OUNT F' I NNACI...E I)ISTR F' I TI,I '_FZ.Y BOWES L.OI..J I'.-~V I L.L.E F~I...YM[DUTN F'LAYI-IOLJSE F'OI...ARO I D I':.:XF'RESS F'R I C~R WINE F'ROEEX F:'HOTO SYST.F.':M QUAL.:[TY WINE & SP:[RIT8 SIGN I...AI'IGt. JAGE--. & GOI...DF.:N A 80L.! DAY/MARY ,STAR TRIBI. JIqlE ~c;UF'ERIC)R PRODUCT I.J S W~.ZST COMMLJN]:CATIONS AF:'SCMFZ AIqOI(A OOUNTY SOCIAl... 8ERV Bt!ECKER COUNTY L':I-I]:I...D SUF:'P DCA .l: I',IC. D E hi T I C A R FZ I=IF;:ST COMMLJN:[TY CREDIT LJ GF;,'EAT t,JEi:,c:~'l'' LIFE: &. AhlNLJIT ICHA RE.T]:REMI:ZNT' TRLJST 45 :[SAhlT]: COLJtqTY FAMIL. Y 8ER M ]: NI'-IE'".SO TA MLJ TUAL L..'E I=[".'". Ml"-I 8TALE F;,:E:-f'IRF.:ME:NT SYST IqORHE-E~T BANK - PAYF;:OL.I_ A I='IERA F:'I.=:RA -- DEI=INI:.-'EI) CONTRIBLJT PliERA L..'I: F:'E:: ]:IqSLJF',iANC;E I='IiERA F:'OI...]:CE REL. IEF CONSO PF;,%JDEEIq'I"IAI_ LIF"E: :[NSURAI'-IC RAMSDE:L.I_ SCHOL.AR~H:[F:' f-UN STAhlt')ARi) :INSURANCE COMF'A 8TA'I"E. CA'P]:.TOL. CR~D]:'F UN:[ LJIq ]:Ohl 49 UNITED WAY NORTHE.'".AST ~TA'I"E' BANK MA'I'TERS/3OANN A T & T CGNC~UME:F,: PRODUCT A Cl.=_ HARDWARE ACT Ei]LECTRC]NICS, INC. AID ELECTRIC SERVICE Il,lC A]]R TOUCH CEL. LUI...AR AI...ADD.1]N POOl_ & SPA AMERICAN AGENCY INC AMIERIC;AN L. INEIq SLJPPI_Y CO AMIERICAN PHOTOCOF'Y INC.': AI."(AMAR I( BARNA GUZY & STIF.]F'FEN I...TI) 65717 657:1.8 65719 65720 6572:1. 65722 65723 65724 65725 65726 65727 65728 65729 65730 6573:1. 65732 65733 65734 65735 65736 65737 657~;8 65739 65740 65741 65742 65743 65744 65745 65746 65747 65748 65749 65750 65751 65752 65754 65755 65756 65757 6 ~, 7 ~,8 65759 65760 65761 65762 65765 65764 CITY OI~" COL. UMBIA HEIGI..IT'.~ GL540R-V05.00 PAGE 3 AMOtJNT 29.95 217.40 475.10 :1.14.65 1,467.79 8.18 3,087.53 30..'1.9 Z;1.0© ?37 ,, 96 50 ,. 06 118.07 864.96 65. O0 33.21 2,257.3:1. 213.18 2,365.00 4,143.50 6,956.37 163.44 1,003 ,, O0 1 :, 786.00 123,944.65 19 :, 904.39 94.62 162.00 1,223.62 715.80 57.25 759.44 1,370 ,, O0 522.00 115.00 800 :, 000.00 .'L, 400 ,. O0 47.82 ~;68 ,. 16 1,4.~.5.61 339.41 58.56 59.74 193.00 130, 57 172 .. 52 266.99 J. 34.50 BRC F];NANCIAL. SYSTEM 06/20/97 08: :I Check History 6/23/97 COUNCIL LIST BREAKDOWN BAN K VENDOR CHECK NUMBEF< BAIqK CHIECKIIqG ACCOUN'f' BERN.T. CK AND I...IFSON B ]; F'F:' ' S ,, INC ,, BLAINE Vtii:LO SPORTS BL.UEME']...8 TREE 8ERV.T. CE I']t:;,'ALIN :[N]"E:RTEC CORP CAF'Z'rOI.. FURN.T. TURE SALES CATCO P'ARTS SEF.'V I CF.:: CIENTRAL LOCK & SAFE CIT];tE8 97 CITY OF MAPt...E GROVE CITY W:[I)['[ L. OCKSMITHING COLUMBIA PARK IdEr. D.T. CAL. GR t]:O hl ~t CENTER COMMUNI'rY RI:T. SOLJRCE F:'ARTIq COMI::' USA ]: NE.'.' CRECYT V.T.E;W I..I. JTHERAI,I HOl'lIE CSC CRED:[T ,SERVICES DAI...CG ENTEF(F'RISES INC :OANI(O E:M['i:RGENCY EQU]:F'MEN DAV.T. E8 WATER EQLSZF' CO, l) E:I_ VE;C':CH ]:O/JOHN DE:NNY & KATHYS ACE HARf)W DC}LIEd.r:; TV & AF'F'L.T. ANCE DUO CHEM INC EC':OLAB I:T. MEF;.'GEIqCY APPARATUS MAIN F:' HANSON ASSOCIATES F:'UET.. OIL. SERIVCE GIENE;F~AL. OFF]:CE F'ROI)UCTS GOOD MD/ DF;,' GARY GOPHER STATE ONE-CAI...L. IN GOF;.'MAIq/GARY GREr'i:NWGR GUNDERSON BROTHERS HACFI COMF'AlqY HAF'PEL/JERRY HILL.TOP TRAILER SALES IN t"K]IdE DEPOT HOMIi!: VALU HO'SF'ITALITY SUPPLY COMPA ]; F:'C F'R]:NTING K MART KOE:H MATERIALS CO., L. AGERQLLT. ST CORF', L. ANC.~ EQU]:F'iqEN]" CO,: LEEF BROS. l... :[ N E: R S :, L. l N E R 8, L. l N E R S 65765 65766 65767 65768 65769 65770 65771 65772 65773 65774 65775 65776 65777 65778 65779 65780 6578.t. 65782 65783 65784 65785 65786 65787 65788 65789' 65790 65791 65792 65793 65794 65795 65796 65797 65798 65799 65800 65801 ' 65802 65803 65804 65805 65806 65807 65808 65809 65810 658t 1 CITY OF COLUMBIA HEIGHTS GL. 540R-V05,00 PAGE 4 AMOUNT 436.50 505.66 7.1..20 2,390 .: 92 496.00 2,455.00 81 ~77 495.23 5,640.00 60 ,, 00 7.45 2.,514.78 340.68 7,500.00 524..1. 7 9,540 ,, 48 10.00 94.87 85.40 29., 30 600.00 .1.9.67 29.95 145.9.1. 144.76 227.90 2,35.1..00 7,349.9.1. 17.22 180,00 ,353.50 21.18 .1., 400.00 7,335.26 34.37 3,530.00 7.40 256.70 799.48 156.02 67.,35 5 ll ()5 .1. :, 4:1.9.38 550.00 t7.52 148.99 546.35 BRC F]:I,IAtqC'IAI... SYSTEM 06/20/97 08: 1 C he c I..'. History 6/23/97 COUI,IC]:L. LIST BREAKDOWN CITY OF COI..UMB]~A I"II.'ZIGHT8 Gl...540R-V05.00 PAGE 5 BAN K VENDOR CHI.-T. CK NUMBER AMOUN]" BANK CI'-IECI(.'t]qG ACCOL.II',IT' MCFOA -. TREASURER MEDTOX L.ABORATOR.1]E8, ][.NC MIi!:NARD8 CASHWAY LUMBEI:~-F MIET'F;~O WELD]:I,IG SLJF'F'LY METRSF'OL ]: TAN STATE UNIVE I'IZ D~EST ~8F'H~L.T MI:NAR FCIRD MZI'INE~POL. IS FINANCE DEF'T M ]: NNEGASCO lqII,INESOT~ DEF'ARTtqEI,IT OF' M:I:NNE8OTA PLAYGROLIND MZNI'IESOT~ SUI'I F'UBI...ZCATZO MN COMM F'AEiING MTI DZS'TRZBUTII,I~ 1,1 S P N~'T~ I'IOI:~TH HENNEPZN COMMUNITY NORTHE:RIq HYDRAUL. ZOS I,IORTHERN SANITARY ~UF'PI...Y OF'F: ICE DEPOT OHLIN SAI_ES 01_801'1 DBA SENTRY COMM./I_ OL. YMPIC EL-ECTI:~IC CO PARKVIEW VII...L.~ RESIDENT PARTS PI_US PETER80N )~ GEROGE D~I"IL.Y/ F'ETE8 WATER ~ SEWER PETTY CASH - JENIqIFER ST PROEX PHOTO SYSTEM I~)UMP ~ND METER SERVICE I RAPID GRAPHICS ~ MAII...ING RAPIT PRINTING - FRIDLEY REASON TECHNOLOGY RI'~YTHMLAIqD ROLl_ER SK~TIN RON KASSA CONSTRUCTION ROSEDALE CI"IE~ SATURN SPORTSWEAR SCHINDI_ER EL.E~ATOR CORP SCFIWARTZ/GREG 8ERCO LABS S]:WE]K L.UMBER SOFTWARE TAII...ORS ST JOSEPH'S EQUIPMENT SUBURBAN I...AWIq CENTER SUBURBAN PROPANE SUBURBAN TIRE SERVICE SYSTEMS SUPF'I..Y INC. 658.1.2 30.00 658.1.3 85 ,, 50 658.1.4 247.44 658.1. 5 47., 88 658.1. 6 300. O0 65817 464,073.12 65818 31.47 658.1.9 71,005 ,, 60 65820 4,694.7:1. 6582.1. 8,151.00 65822 5,082.10 65823 347.60 65824 23 ,, 30 65825 645.72 65826 7,169.59 65827 505 ,. 1.1. 65828 960 .. 00 65829 12,, O0 65830 394.06 6583.1. 506.50 65832 390.64 65833 266.25 65834 200.00 65835 636 ,, 38 65836 1.1.8.31 65837 95,.68 65838 130.07 65839 50 ,, 00 65840 7.16 65841 47..00 65842 50.05 65843 74., 65 65844 56.1.. 80 65845 351 ,,00 65846 33 :, 351.08 65847 166.70 65848 150.00 65849 311.70 65850 775 ,, 00 65851 140..00- 65852 26.57 65853 156.25 65854 246.12 65855 93.20 65856 ' 22.90 65857 2.1.8.36 65858 278., 65 BR, C .F'.'I:I'4Ah!C TA!.., 8YST'I:.ZM 06/20/97 08: .]. Check History 6/23/97 COUNCZL L..T. ST BREAKDOWN BAN I< VENDOR CHIECK NUMBL'ZR BANK CHti"'CK:t:I'-IC') ACCOUI"-I'T' TARGE:T STCIRE:8-ACCTS REC 'I"AUTGES, REDF:'AT'H, & CO. , "f'E I_ E: F:'I"I 0 f'.lE AI'I S b.J E:IR :E N G C E N't' 'I"(.')WN g: C~,OLJI".IT'F,:Y OFF.'1:~I:T. CL. '¥bJ]:l'q CZ'FY 8AW I.J 8 L'JE':8'F CCIMMLJI'IZCAT'.T. Ot"I,.C; UN I F'OF;.:M8 L.lf'--lt....T M I"f'F]t) Z ;-lC.: VO:i.~8 WOOt)L.AKI::: 8ANtTAF:.:Y 8ERVZC WW (3F;,'A Zt'IGEF;,' ZI~!:F:' MAI',tL.IF:'ACTLJR ING COMF'AN 9.T.'L EML':':RGI~]"ICY F'RO]L')UC~,'F8 65859 65860 65861 65862 65863 65864 65865 65866 65867 65868 65869 65870 CZ'FY OF COI...UMBZA J"IE]:GI"ITS GL.540F;.:-V05 ,, 00 PAGIZ 6 Af"IOUNT 59.61 7,910.75 105.15 3,040.58 .].05.44 3,225.26 40.20 39.94 .].00 .., 482., 72 33,9]. 1,085.75 596.20 2,052., t47.35 ***. You are cordially invited to attend a reception and award presentation in honor of BARB KAROL 1997 HUMANITARIAN OF THE YEAR Monday, June 23, 1997 6:00 pm - 7:00 pm Columbia Heights City Hall Conference Room 590 40th Avenue NE Columbia Heights, MN 55421 The Award will be presented at the City Council Meeting immediately following the reception. tRefreshments will be served. CITY COUNCIL LETTER Meeting of June 23, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC HEARING Fire APPROVAL NO: ~ ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation DATE: June 20, 1997 DATE: No.. The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Robert Witt regarding rental property at 4222 Monroe Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of June 23, 1997. _ __~ . The public hearing on this property may noW ~ clb]ed:-'iii~ha~he 6Wner has complied with requirements of the Housing Maintenance Code by correcting the outstanding violations. RECOMMENDED MOTION: Move to Close the Public He~g Regarding the Revocation or Suspension of the Rental License Held by Robert Witt Regarding Rental Property at 4222 Monroe Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. close.hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 23, 1997 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S ~ CITY MANAGER ' S APPROVAL NO : ITEM: SECOND READING OF ORDINANCE NO. 1280, BY: CHARTER COMMISSION BY: AMENDING CHAPTER 5, SECTIONS 35 THROUGH DATE: June !7, 1997 46 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE REFERENDUM AND REFERENDUM PETITIONS Amendments to Chapter 5, Sections 35 through 46 of the City Charter, have a history which started in October of 1993, at which time it was first presented to the City Council for a first reading. Over the course of time, readings were tabled to work session and re-discussed numerous times. The language presented for tonight's meeting has again been changed from the last time the City Council was presented with an amendment to this chapter of the charter (in the fall of 1996). This version includes the addition of '~or 700 signatures, whichever is greater" to the end of the second sentence in Sections 39, 40, and after the word '~election" in the first sentence of Section 44. Changes have been discussed jointly with the Charter Commission and the City Council, and were last approved by the Charter Commission at their meeting of May 22, 1997. In summary, the overall changes to this proposed amendment include: in Section 36, increasing the expense to $400 from $100 and incorporating language which would allow citizens to have the City Attorney's Office review proposed ordinances replacing the words "electors" and "voters" to "registered voters" throughout replacing the word "measures" to "ordinance" throughout in Sections 39, 40, and 44, changing the percentage of the total number of registered voters from twenty percent to ten percent, and in Sections 39, 40, and 44 add the words "or 700 signatures, whichever is greater." Since there have been considerable changes made to this ordinance since a reading(s) was (were)last held~ a first reading again needs to be held on this latest addition to the amendment. The first reading on all the latest revisions was held June 9, 1997. 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. 1280, being an ordinance amending Chapter 5, Sections 35 through 46 of the Charter of the City of Columbia Heights pertaining to the Referendum and Referendum Petitions. COUNCIL ACTION: ORDINANCE BEING AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 35 THROUGH 46 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO INITIATIVE AND REFERENDUM PETITIONS The City of Columbia Heights does ordain: Section 1: Chapter 5, Sections 35-46, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require measures passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONER. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed one hundred dollars for legal advice, copying, printing, and notaries' fees. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of the city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. INITIATIVE Section 38. INITIATION OF MEASURES. Any five electors may form themselves into a committee for the initiation of any measures of public concern. After formulating their measure they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed measure to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any measures shall consist of the measure, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least twenty per cent of the total number of votes cast at the last preceding regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to. the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing an ordinance (or resolution, as the case may be) to . . . (stating the purpose of the measure), a copy of which ordinance (or resolution) is hereto attached. This measure is sponsored by the following committee of electors: NAME ADDRESS The undersigned electors, understanding the terms and the nature of the measure hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME ADDRESS 2 e At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Section 40. FILING OF PETITIONS AND ACTION THEREON. Ail the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination of the -2- number of electors whose signatures are appended thereto, and whether this number is at least twenty percent of the total number of electors who cast their votes at the last preceding regular municipal election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and shall notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate co~ittee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council shall fail to pass the proposed measure, or shall pass it on in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed measure shall be submitted by the council to vote of the electors at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. In case the council passes the proposed measure with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the measure need not be submitted to the electors. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed measure shall state the substance thereof, and shall give the voter the opportunity to vote either "For the measure" or "Against the measure". If a majority of the electors voting on any such measure shall vote in favor thereof, it shall thereupon become an ordinance or resolution of the city as the case may be. Any number of proposed measures may be voted upon at the same election, but in case there shall be more than one, the voter shall be allowed to vote for or against each separately. -3- Section 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the electors under this constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified electors of the city equal in number to twenty percent of the total vote at the last regular municipal election be filed with the city clerk requesting that any such measure, or any part thereof, be repealed or be submitted to a vote of the electors, the said measure shall thereby be prevented from going into operation. The council shall thereupon reconsider the said measure at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the measure as passed. In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more than forty-five days from the action of the council calling it. If a majority of the voters voting thereon are opposed to the measure, it shall not become effective; but if a majority of the voters voting thereon favor the measure, it shall go into effect immediately or on the date therein specified. Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of measures and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance (or resolution, as the case may be) to . (stating the purpose of the measure), a copy of which ordinance (or resolution) is hereto attached. This measure is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. IS HEREWITH AMENDED TO READ AS FOLLOWS: -4- CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require mcasurcs ordinances passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONER. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed one four hundred dollars for legal advice, copying, printing, and notaries' fees. Any committee member, at their sole discretion and at no charge to said committee member, may utilize the services of the city attorney so as to assure that the proposed ordinance is consistent as to form and structure with other similar ordinances enacted by the city council. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of the city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. INITIATIVE Section 38. INITIATION OF MEASURES ORDINANCES. Any five clcctcrs registered voters may form themselves into a committee for the initiation of any mcasurcs ordinance of public concern. After formulating their mcasurc ordinance they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed mcasurc ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Before circutatinq any petition, they shall submit to the city attorney a copy of the proposed ordinance, and the city attorney shall approve same as to form only and not as to content, or put it into a form which is leqally sufficient for the purpose intended. Shall the city attorney fail to take such action within ten days from the date on which the proposed ordinance is submitted to the city attorney, such proposed -5- ordinance shall be deemed leqally sufficient and a verified copy thereof shall be filed with the city clerk, toqether with thn names and addresses of the members of such committee. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any mcasure ordinance shall consist of the mcasure ordinance, together with all the signature papers and affidavits thereto attached~ Such petition shall not be complete unless signed by a number of reqistered voters equal to at least t~cnty ten per cent of the total number of votes cast at the last preceding regular municipal election or 700 siqnatures, whichever is ~reater. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing an ordinance ' ...... ~,~-~ ~s thc cas ..... ~ ~j to . . . (stating the purpose of the ~ ordinance) a copy of which ' ' ...... ~,~ ' ' ordinance ~ ........... n) is hereto attached· This ~ ordinance is sponsored by the following committee of ~I~ c-~t~-- registered voters: NAME ADDRESS The undersigned clcctcrs reqistered voters, understanding the terms and the nature of the ~ ordinance hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME ADDRESS me -6- At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Each affidavit shall be in substantially the following form: State of ) )ss County of ) being duly sworn deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Subscribed and sworn to before me this day of , 19 (Signature of Circulator) (Signature of Notary Public) Section 40. FILING OF PETITIONS AND ACTION THEREON. Ail the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascer%ain by examination of the number of elcctcrs registered voters whose signatures are appended thereto, and whether this number is at least t~cnty ten percent of the total number of alcctcrs reqistered voters who cast their votes at the last preceding regular municipal election or 700 siqnatures, whichever is ~reater. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and shall notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the mcasurc ordinance to the elcctcrs electorate at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall -7- at once read the ~ ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the ~ ordinance, after the holding of which the mcasure ordinance shall be finally acted upon by the council not later than sixty-five days after the date upon which such ~ ordinance was submitted to the council by the city clerk. If the council shall fail to pass the proposed mcasurc ordinance, or shall pass it on in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed mcasurc ordinance shall be submitted by the council to vote of the clcctcrs electorate at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. In case the council passes the proposed measure ordinance with amendments and at least four- fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the mcasurc ordinance need not be submitted to the clcctcrs electorate. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed ~ ordinance shall state the substance thereof, and shall give the reqistered voter the opportunity to vote either "For the maas'ara ordinance" or "Against the mea~e~e ordinance". If a majority of the clcctcrs reqistered voters voting on any such mcasure ordinance shall vote in favor thereof, it shall thereupon become an ordinance or rcscluticn of the city as the case may be. Any number of proposed measures ordinances may be voted upon at the same election, but in case there shall be more than one, the reqistered voter shall be allowed to vote for or against each separately. Section 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the clcctcrs electorate under this constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance of the council takes effect a petition signed by q~s%%f%e~ clcctcrs reqistered voters of the city equal in number to t~cnty ten percent of the total vote at the last regular municipal election or 700 siqnatures, whichever is greater, be filed with the city clerk requesting that any such mcasurc ordinance, or any part thereof, be repealed or be submitted to a vote of the clcctcrs electorate, the said ~ ordinance shall thereby be -8- prevented from going into operation. The council shall thereupon reconsider the said mcasurc ordinance at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the measure Drdinance as passed. In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more than forty-five days from the action of the council calling it. If a majority of the reqistered voters voting thereon are opposed to the mca~urc ordinance, it shall not become effective; but if a majority of the voters voting thereon favor the mcasurc ordinance, it shall go into effect immediately or on the date therein specified. Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of measures ordinances and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance (~ .... ~"~ .... ~.. casc may~' to . . . (stating the purpose of the mcasurc ' ...... ~"~ is hereto ordinance), a copy of which ordinance ~ ............. ~ attached. This mcasurc ordinance is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: June'9, 1997 June ~, ~997 June 2~, 1997 Jones Ruettimann Ali ayes Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary -9- CITY COUNCIL LETTER Meeting of: June 23, 1997 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: & ADMINISTRATION APPROVAL ITEM: SECOND READING OF ORDINANCE NO. 1349, BY: CHARTER COMMISSION BY: CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO RULES OF PROCEDURE AND QUORUM The Charter Commission has recently been discussing whether written records should be required of work sessions in particular. Due to the fact that these meetings are not televised, many members felt that a written record should be maintained of all work sessions which would include who was present, items discussed, pros and cons of the item discussed, and general consensus of the council on the item. This item was discussed with councilmembers at a joint Charter Commission/Council meeting on March 20, 1997, at which time councilmembers were in general agreement that this was certainly possible. The Charter Commission has further discussed this issue at their April !7tn and May 22nd meetings and have voted to add the following sentence to Chapter 3, Section 17 of the charter: "Detailed minutes of all discussions, motions, or other actions shall be kept for all public council meetings and for meetings of any commissions appointed by the council." The City Council held a first reading of the ordinance to support these proposed changes. They also decided to add more language to this proposed amendment. The complete wording, as passed at the first reading, is: ~Detaiied minutes, taped recordings or video recordings with sound of all discussions, motions, or other actions, shall be kept for all public council meetings and for meetings of any other commission appointed by the Council or ~ny other commission which functions on behalf of the City Council." (NOTE: Underlined denotes additional language added by the Council on June 9, 1997.) As the City Council has approved additional revisions to the wording sent to them by the Charter Commission, this item must go back to the Charter Commission for their approval before a second hearing can be held. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to table the second reading of Ordinance No. 1349, amending Chapter 3, Section 17 of the City Charter pertaining to Rules of Procedure and Quorum indefinitely. COUNCIL ACTION: ORDINANCE NO. 1349 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 17 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO RULES OF PROCEDURE AND QUORUM The City of Columbia Heights does ordain: Section 1: Chapter 3, Section 17, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: RUI,F~S AND PROCEDURE AND QUORUM. The council shall determine its own rules and order of business, and shall keep a journal of its proceedings. A majority of all members elected shall constitute time. The council shall provide by ordinance a means by which a minority may compel the attendance of absent members. IS HEREWITH AMENDED TO READ AS FOLLOWS: RULES AND PROCEDURE AND QUORUM. The council shall determine its own rules and order of business, and shall keep a journal of its proceedings. Detailed minutes, taped recordings or video recordings with sound of all discussions, motions, or other actions shall be kept for all public council meetings and for meetings of any other commission ar)pointed by the council or any other commission which functions on behalf of the City Councik A majority of all members elected shall constitute time. The council shall provide by ordinance a means by which a minority may compel the attendance of absent members. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: June '~, 1997 Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: June 23,1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER PUBLI C HEAR1 NG APPROVAL NO: ~ Fire ITEM: Second Reading of Ordinance No. 1348 BY: Charles Kewatt BY: NO: Regarding Exterior Parking ~1~ °~ DATE: Jun 18,1997 DATE: The Columbia Heights Fire Department Inspection office is requesting an amendment to Ordinance No. 853, City Code of 1977, pertaining to the Housing Maintenance Code, Section 8. The First Reading of the Ordinance No. 1348 was read at the June 9, 1997 City Council Meeting. Section 8 currently reads as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) (a) No person shall occupy as an owner-occupancy or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-Mt: Required off-street parking as defined in Section 9.116 (4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking reqtfirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1997. (b) (c) (d) (e) (f) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. ~ All required parking spaces must be surfaced with asphalt or concrete. Curb guards and/or guardrails must be provided for parking spaces situated above retaining wails. An unobstructed path must be provided between parking areas and the dwelling unit. Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maxtmmn light at the boundary line of the premises may not exceed 3 foot candies. City Council Letter Meeting of June 23, 997 Page two (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1997. (i) Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A208 (2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. The proposed changes are date changes only to read July 1, 1998 as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupancy or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116 (4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. (d) Cm'b guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkqvays between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a mhnlrnum light o£ 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candies. City Council Letter Meeting of June 23, 1997 Page three (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good rep,~dr. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. (i) Commercial VehJ.cles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article H, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A208 (2) Variances under [,5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitl~ to a variance. RECOMMENDED MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1348 Being an Ordinance Amending City Code Regarding Exterior Parking. 97-70 COUNCIL ACTION: ORDINANCE NO. 1348 BEING AN AMENDMENT TO ORDINANCE NO. 853, CITY CODE 1977, SECTION 8 IN THE HOUSING MAINTENANCE CODE REGARDING THE REQUIREMENT FOR EXTERIOR PARKING, PEDESTRIAN WALKWAYS AND LIGHTING Section 8 currently reads as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Pedestrian Wa!kways and Lighting 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating there in which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in exitence upon the effective date of this ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1997. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) Ail required parking spaces must be surfaced with asphalt or concrete. (d) Curb guards and/or guardrai!s must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1997. (i) Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208(2) Variances under 5A.207 and 5A.208 shall be enforced and administered in accordance with 9.105. The criteria contained in 9.105(3) (d) shall be applied in deciding whether or not an applicant is entitled to a variance. The proposed changes are date changes only to read July 1, 1998 as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) Ail required parking spaces must be surfaced with asphalt and concrete. (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and dwelling units. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and watkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian waikways must have a minimum light of 1 foot candle and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. (i) Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208(2) Variances under 5A.207 and 5A.208 shall be enforced and administered in accordance with 9.105. The criteria contained in 9.105(3) (d) shall be applied in deciding whether or not an applicant is entitled to a variance. This ordinance is effective thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 9, 1997 June 23, 1997 June 23, 1997 Offered by: Seconded by: Roll call: Peterson Sturdevant Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: June 23, 1997 AGENDA SECTION: I terns for NO. ~'~ Consideration ITEM: Acceptance of COPS MORE 96 NO. Federal Grant ~' ~ ' I ORIGINATING DEPARTMEN~x~~ POLICE BY: Thomas M. Johnso DATE: June 17, 1997 APPROVAl: BY: DATE: In October 1996 the Columbia Heights Police Department made application for a grant from the U.S. Department of Justice for an evidence technician and for technology/equipment in the form of lap top computers with MDT conversions and mounting stands. The purpose of the evidence technician is to free up investigators from performing the tasks of logging in evidence and property, and storing and maintaining these items. This would also move this function from a sworn police officer to a civilian who would be an uninterested third party not connected to the case. The grant wilt become available to the department in July 1997. The breakdown of the grant is as follows: Expense: Revenue: Personnel $34,860.00 Equipment $22,791.00 Total Expense $57,651.130 Grant $43,238.00 City Match $14,413.00 Total Revenue $57,651.00 The grant does not require the City to hire new staff for this grant. The grant position can be filled with a current CSO, which wilt result in a budget savings of $34,860. The personnel cost savings of $34,860 minus the City match of $14,413 results in a net savings of personnel costs of $20,447. RECOMMENDED MOTION: Move to waive the reading of Resolution 9741, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 97-41, being a resolution accepting the COPS MORE 96 federal grant and appropriating local match monies in the amount of $14,413. TMJ:mld 97-239 COUNCIl. ACTION: RESOLUTION 9741 BEING A RESOLUTION ACCEPTING THE COPS MORE 96 FEDERAL GRANT AND APPROPRIAT- ING MATCH FUNDS TO THE GRANT WHEREAS, In October 1996 the Columbia Heights Police Department made application for a grant from the U.S. Department of Justice for an evidence technician and for technology/equipment in the form of lap top computers with MDT conversions and mounting stands, and WHEREAS, The grant will become available to the depax-m~ent in July 1997, and WHEREAS, The breakdown of the grant is as follows: Expense: Revenue: Personnel $34,860.00 Equipment $22,791.00 Total Expense $57,651.00 Grant $43,238.00 C~yM~ch $14,413.00 Total Revenue $57,651.00 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights authorizes the acceptance of the COPS MORE 96 Fund to account for all revenue and expenses under this grant and, furthermore appropriates and authorizes the transfer of $14,413 from the Police Department budget to the COPS MORE 96 Fund for the City match on this grant. Passed this 23rs day of June, 1997. Offered by: Rue t t i ma nn Second by: P e t e r s o n RollCall: A11 ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CiTY OF COLUMBIA HEIGHTS (l-) 590 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 M£MBERS Martaine Szurek, Chair James Fowler Russ Paulson Gary Paterson Gary Larson PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING OF JUNE 3, i997 The Planning and Zoning Commission meeting of June 3, 1997 was called to order by ChairPerson Szurek at 7:00 p.m. Members present were Paulson, Fowler, Paterson and Szurek. Commissioner Larson was not in attendance. Aisc present were Tine Goodroad (Zoning Coordinator), Jim Hoeft (City Attorney), Met Collova (Building Official) and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Paulson, seconded by Fowler, to approve the minutes from the Planning and Zoning Commission meeting of May 6, 1997 as presented in writing. Voice Vote: All Ayes. Motion Carried. Chairperson Szurek informed the Commission that she had received a letter from Commissioner Gary Larson resigning his position. She read his letter for the record and stated that she would also be reading this letter at the City Council meeting of June 9, 1997: Ladies and Gentlemen, Because of the City Council's actions reNited to the Conoco Service Station property, I resign my position on the City's Zoning and Planning Commission.. It is apparent. to'me that certain members of the City Council wish to continue the City's decline. Whatever your position, upcomihg re-election or outside pressures, in my opinion, this action was not in the best interests of the f~ture of Columbia Heights. This seems to be a standard course of action in this community. You may have struck a ~blow for social conscious, but this blow will go much further in slowing this community down. You have spent taxpayers money to develop a Comprehensive Plan for the City but, evidently, it's something that you have no faith in, because you won't implement it. What a waste of taxpayers time and money. I have given many volunteer hours to this community over the years as resident and business owner, but no more! At this time I feel that I live on a dead and street in a dead end community. Under past leadership I saw no movement, under new leadership I had hopes for change, but that hope no longer exists. Your vision for the future of this community stinks! Gary Larson NEW BUSINESS: Petitions, letters and requests. A. Public Hearing Lotsplit Case #9706-16 Helene Oietz 4652 N.E. 5th Street Columbia Heights, Mn. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 2 Ms. Goodroad presented the request of Helene Dietz for approval of a Iotsplit of the property located at 4652 N.E. 5th Street legally described as the north half of Lot 2, Block 4, Columbia Heights Acres, Anoka County, Minnesota; subject to utility easement over the west 20.00 feet. She stated that the existing lot measures 273.10 feet by 68.47 feet. The proposed Iotsplit would create two lots measuring 129.05' x 68.47' and 144.05' x 68.47'. Mrs. Dietz is requesting the lotsplit to make-the east portion viable for single family construction. Ms. Goodroad called attention to the survey that was submitted indicating the proposed Iotsplit line to create two legal and conforming lots. The new lot would measure 8,836 square feet while the existing lot with the house at 4652 N.E. 5th Street would have a lot size of 9,863 square feet. Commissioner Szurek opened the public hearing. The public hearing was closed as no one was present to speak regarding this case. MOTION by Fowler, seconded by Paulson, to recommend to the City Council the approval of the proposed lotsplit of 4652 N.E. 5th Street as presented as all Zoning requirements will be met. Voice Vote: All Ayes. Motion Carried. **THIS ITEM TO APPEAR ON THE JUNE 9, 1997 CITY COUNCIL AGENDA. If approved the new legal descriptions will be as follows: Parcel A: The west half of the north half of Lot 2, Block 4, Columbia Heights Acres, Anoka County, Minnesota. Parcel B: That part of the north half of Lot 2, Block 4, Columbia Heights Acres, Anoka County, MinneSota, lying east of the west half of said north half of Lot 2. Public Hearing Conditional Use Permit Case #9706-17 Bascali's Restaurant RE: 5060 Central Avenue N.E. Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Glen Young for a Conditional. Use Permit to allow the operation of an 84 seat pizza/pasta restaurant in the former Godfather's Pizza building at '5060 Central Avenue. She indicated that the equipment and dining area would be utilized as it exists with a few minor alterations. She referred to the site plan. of the interior and exterior that was submitted. The kitchen area and dining room will remain unchanged. A few new installations will be made such as the installation of a soda and coffee station and a brick oven for baking. Ms. Goodr~d stated-that Section 91116(4)(u) of the Parking Ordinance requires at least one (1)space for each three (3) .seats based on capacity design. She informed the Commission that the exterior site plan shows 45 parking spaces. Based on the 84 seat interior plan, 28 parking spaces will be required. Thus, more than ample parking will be provided. Two handicap parking stalls with an eight (8) foot aisle in the middle will be required. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 3 The parking lot must be entirely striped. Ms. Goodroad informed the Commission that a new fence and dumpster enclosure will be constructed at the rear of the site to fulfill screening requirements. No drive-up window will be utilized. No night time deliverys are planned for the operation and the owner plans to close the restaurant at 11:00 p.m. nightly. Ms. Goodroad stated that once this Conditional Use Permit is approved, the owner will be submitting ail required applications and documentation for the beer and wine licenses. Chairperson Szurek opened the public hearing. Tom Piersak of 5025 Jackson Street was present stating that he moved into his home in November of 1996 and has experienced problems with sleeping at night due to the noise from the Boston Market restaurant as they receive deliveries and have trucks taking orders out during the night. He commended Ms. Goodroad on handling his complaint and obtaining results. He also expressed concern with the deterioration and lack of maintenance of the fence that runs between all the residences and the restaurants in that area. He felt that the type of fence in that area is not the appropriate type of barrier between the homes and the businesses. He stated that the neighborhood will be petitioning the City for a new fence along the rear of their properties to serve as screening. Mr. Young stated that he also noticed the condition of the fence when he observed a young man crossing his property and climbing the fence into the residential area and has since repaired the section belonging to his proposed business. Attorney Hoeft stated that the fence meets the Ordinance requirements and that the neighbors can propose a variety of barriers for that area if they want the expense and that the process would be handled similar to an alley light process. He informed the Commission that the City would not assess the cost to the business owners. The public hearing was closed. MOTION by Paulson, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of the 84 seat restaurant as proposed for 5060 Central Avenue provided the required final inspections are conducted, approvals are granted by the Anoka County Health Department, the City Building and Fire Inspectors, the appropriate licenses are obtained by the applicant for the operation and that deliveries to the restaurant are made during regular business hours. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JUNE 9, 1997.CITY COUNCIL MEETING. Co Public Hearing Conditional Use Permit #9706-18 Howard. Fortier 4450 Stinson Boulevard Columbia Heights, Mn. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 4 Ms. Goodroad presented the request of Mr. Howard Fortier for a Conditional Use Permit to' allow the construction of a 14' x 14' utility building in the rear yard of 4450 Stinson Boulevard. Ms. Goodroad informed the Commission that Section 9.105(5)(g) of the Zoning Ordinance requires a Conditional Use Permit for an accessory structure that is 120 square feet or more. Ms. Goodroad stated that the applicant has submitted a site plan that shows the location of the utility building on the lot and will be located approximately 58 feet behind the house and six (6) feet from the north side yard. Mr. Fortier will be using the building for storage. Chairperson Szurek opened the public hearing. Chairperson Szurek closed the.public hearing as no one was present, other than Mr. Fortier, to speak regarding this request. MOTION by Fowler, seconded by Peterson, to recommend to the City Council the approval of the Conditional Use Permit to allow a 14'x14' utility building in the rear yard at 4450 Stinson Boulevard as it conforms with the Zoning Ordinance. Voice Vote: All Ayes. Motion Carried. **THIS ITEM TO APPEAR ON THE JUNE 9, 1997 CITY COUNCIL AGENDA. Public Hearing Special Purpose Fence Case #9706-19 Harry Klever 3865 Polk Street N.E. Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Klever for permission to install an eight (8) foot high solid wood privacy fence along the north side of the property at 3865 Polk Street from the rear corner of the house to the garage. Mr. Klever is requesting the higher fence as his property is three feet lower than the adjacent property to the north. In order to gain privacy, the applicant would like to construct the fence eight feet in height against cement bricks on the property line to reinforce against damage to the retaining wall on the 3867 Polk Street property. Ms. Goodroad stated that the signatures of consent were received from the' adjacent owner at 3867 Polk Street. Chairperson Szurek opened the public hearing. The public hearing was closed as no one was present regarding this case. MOTION by Peterson, seconded by Fowler, to 'recommend to the City Council' the appioval of the special purpose fence due to the topography of the lot at 3865 Polk Street provided the property irons have l~een located and the required permit is obtained prior to fence installation. Voice vote: All Ayes. Motion Carried..' **THIS ITEM TO APPEAR ON THE JUNE 9, 1997 CITY COUNCIL AGENDA. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 5 Public Hearing Special Purpose Fence Case #9706-20 Laura Manning 1202 N.E. 40th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Laura Manning for permission to install a six (6) foot high solid wood special purpose privacy fence from the northwest corner of the house to the west property line and along that line to the southwest corner of the lot. She stated that Planning and Zoning Commission and City Council approval is necessary for all fences which lie in the front and/or to the side of any house and exceed 42 inches in height. She stated that the signatures of consent from the adjacent property owners have been submitted. Chairperson Szurek opened the public hearing. Melvin Kreger of 1207 N.E. 40th Avenue was present to state that there are enough wood fences in the City now and that they distract from the area and changes the neighborhood. He felt that fences do not make sense, and inquired as to why people need privacy and what from. Chairperson Szurek stated that property owners have the right to install fences on their lot and that there is not too much the City can do about it as long as the rules and regulations of fence installation are followed. Commissioner Szurek closed the public hearing. MOTION by Paulson, seconded by Fowler, to recommend to the City Council the approval of the special purpose privacy fence at 1202 N.E. 40th Avenue as proposed provided the required property irons have been located and the required permit is obtained prior to fence installation. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF JUNE 9, 1997. Public Hearing Conditional Use Permit · Case #9706-21 First Community Credit Union 843 N.E. 40th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Rick Lange, President of First Community Union, for approval of Conditional Use Permit to allow the construction of a 25' x 14' accessory structure at the rear of the parking at 843 N.E. 40th Avenue. Ms. Goodroad informed the Commission that Section 9.112(2)(a) of the Zoning Ordinance requires a Conditional Use Permit for construction of an accessory structure. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 6 She directed the Commission's attention to a site plan and drawing of the proposed building that have been submitted. The utility building is planned to be used to store equipmeht for lawn service, etc, plus an area to be used for a dumpster enclosure. The building will be situated at the rear of the lot and will utilize three parking spaces. Ms. Goodroad informed the Commission that in preparing the case, Staff discovered the property addressed 4012 Van Buren Street between the four black circles on the site plan where the proposed building is to be located is owned by First Community Credit Union. The remaining property, addressed as 843 N.E. 40th Avenue, is owned by a company named 843 Properties. First Community Credit Union leases space from them. This creates an interesting situation as the property proposed for the accessory structure is not currently combined with 843 N.E. 40th Avenue as part of the parcel. An accessory structure normally is considered a "building or structure or portion of a structure subordinate to and serving the principal structure on the same lot." Therefore, a special contingency will have to be considered in order to approve this request. Ms. Goodroad stated that Staff did discuss the situation with Mr. Lange and discovered that they do lease the building at 843 N.E. 40th Avenue and have attempted to purchase it a couple of times. Currently, they are under a three year lease with an option to buy. A portion of their lease is attached for review. Mr. Lange has also assured me that the Credit Union Board intends to purchase the building. With this in mind, the Planning and Zoning Commission could consider approval based on the fact that the structure and supplies stored in it will be used to maintain both properties and that the use of this small parcel could be considered subordinate to 843 N.E. 40th Avenue. Ms. Goodroad suggested a stipulation requiring removal of the accessory structure if First Community Credit Union ever moved from 843 N.E. 40th Avenue could also be added. In addition, requiring combination of 4012 Van Buren Street with 843 N.E. 40th Avenue once the purchase is made. Regarding the accessory structure itself, Ms. Goodroad informed the Commission that the City Engineer, Mark Winson, suggested some minimum curbing, landscape area behind the proposed building and steel posts at each front corner to protect the structure. These recommendations have been indicated on the site plan. Ms. Goodroad suggested that additional curbing could be added with driveway openings for the dumpsters and garage door around the sides and front. This would provide added protection and improve the appearance. Fifteen parking stalls are required for this use and twenty are indicated on the site plan with the accessory structure eliminating only three spaces. Thus, adequate parking will be maintained. 'Motion by Fowler, seconded by Paulson to recommend to the City Council the appr°vai of the Conditional Use Permit to construct a 25' x 14' accessory structure at 843 N.E. 40th Avenue based on the following conditions: 1. If First Community Credit Union vacates the building at 843 N.E. 40th Avenue the utility building must be removed. 2. Once purchase of 843 N.E. 40th Avenue is complete, the First Community Credit Union must combine the two parcels. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUN£ 3,1997 PAGE 7 Voice Vote: All Ayes. Motion carried. **THIS iTEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR JUNE 9, 1997. 4. OLD BUSINESS. Public Hearing Appeal/Variance/CUP Case #9705-14 Brad & Chris Ferris RE: 411 N.E. 40th Ave. Columbia Heights, Mn. Ms. Goodroad presented the request of Brad and Chris Ferris for an appeal of an administrative decision by the Zoning Department to prohibit the use of the property at 411 N.E. 40th Avenue as it is non-conforming in the Retail Business District and has been vacant for more than six months. She stated that this item was tabled from the May 1997 Planning and Zoning Commission meeting to 'give the applicants an opportunity to provide additional information including full architectural drawings and complete a cost analysis for the required improvements for the proposed use. Ms. Goodroad informed the Commission that quite an extensive history is available on this property. This property is not only non.conforming, but it was also designated as a hazardous building in 1989 and again in t995. Mr. and Mrs. Ferris purchased the property from Anoka County with the knowledge that the purchase of the property would be subject to the City's demolition order. Ms. Goodroad directed the Commission's attention to copies of the inspections, resolutions and information from Anoka County regarding the sale of the property. Ms. Goodroad stated that the last resolution the City Council approved for this property was in 1995 based on the following facts: 1. The property was vacant since August of 1989; 2. The property has gone tax forfeit; 3. The property is non-conforming; 4. The property has been declared hazardous; and 5. Low valuation of the property of 83,900 for the structure due to damage caused by water. Ms. Goodroad felt that the history of this property is important as it relates to an important part of the non. conforming' section of the Zoning Ordinance. First of all, when a non-conforming use of a building or structure or land has been vacant for over six months, it must be brought into conformance. Mr. and Mrs. Ferris proposed to use th'e main floor for office space for their business and use. the upstairs as an apartment for their son. Thus, the structure's use is being changed from residential to' commercial. This would bring the use into conformance with the existing Retail Business, "RB",Zoning District. However, because the property is only 5.5 feet from the alley instead of the required ten (10) feet, the property is still non-conforming. The Planning and Zoning Commission could approve a 4.5 foot variance in order, to bring the property into conformance. This variance is necessary, along PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 8 with the appeal in order for the property to be used and brought into conformance. The variance request will be addressed following the appeal request. Ms. Goodroad stated that if both the appeal and variance are-approved, the Commission would not have to deal with the non-conforming section of the Zoning Ordinance that limits what can be done or improvements made to a property if the cost exceeds 50% of the value. This would pertain only if a property is non-conforming. With approval of the appeal and variance it would no longer be non-conforming. However, this does not mean that the Commission cannot review the work required to bring the property up to code as a commercial use. Since this property has been declared hazardous, Ms. Goodroad felt this review is important. She also stated that the City Council must repeal the resolution approved in 1995 to make this property useable. She indicated that the decision from Planning and Zoning must be a recommendation to either repeal or not repea! this resolution. Ms. Goodroad informed the Commission that since the building will be changed from a residential to commercial use, substantial improvements and accessibility improvements are required by the State Building Code. A list of requirements was prepared by our Building Official, Mol Collova, and reviewed at last months meeting. Since that meeting, Staff has revised the letter making indications as to what has been submitted and what else is required. She stated that this revision was sent to the applicant May 9, 1997 and has been followed with each submission of new information. Mr. Collova has also prepared a similar letter with requirements if it were left as residential. Ms. Goodroad reminded the Commission that at last months meeting Mrs. Ferris proposed both options. Copies of these letters are enclosed for your review. Ms Goodroad stated that since the last meeting both she and Mr. Collova expressed to the applicant the wishes of the Commission for complete drawings and bids for al. il work listed in the letter. We have received additional bids and an exterior site plan. No changes were made to the drawings, although included with one of the bids Mrs. Ferris submitted is a note written and signed by herself stating that requirements will meet CABOIANSI 117 with Mn. Amendments. All other construction will meet 1995 Minnesota Building Codes. This was not stamped or signed by an architect on the drawings. Ms. Goodroad stated that a summary of the bids from the Ferris's are as listed below. Each one has been reviewed by Mr. Collova and approved. 2. 3. 4. 5. 6. 7. 8. Update wiring - Installation of handicap bath ~ Second floor kitchen - Handicap accessible ramp - Air test boiler and water lines Stairway - Chain link fence -- Sheetrock ,~2,150 4,800 94O 1,780 800 1,800 1,95f:) 540 14,760 PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 9 The total on the in supplying this She stated that drawings would bids supplied is 814,760 which is under the 50% of ~22,050. Mrs. Ferris has been cooperative information but desires to do so on a limited basis until an approval to use the building is granted. she discussed with Mr. Collova what his expectations would be and what his requirements for be if this repeal is granted. He responded in a memo (attached) stating that he will follow five sections of the Building Code per attached dealing with submission of architecturally drawn plans and special inspections. Mr. Coilova will be following all requirements of the Code and can ensure that ail items contained in the memo dated May 9, 1997 will be completed and inspected prior to the issuance of a Certificate of Occupancy. Ms. Goodroad stated that if the Planning and Zoning Commission grants this appeal and recommends that the City Council repeal the resolution and approve the variance, staff will ensure all required work will be done to bring the property up to commercial standards. She advised, that the Commission remember the recommendation of this Commission must be to either grant the appeal, thus, recommending the City Council repeal their resolution, or to deny the appeal, therefore recommending to the City Council that Staff file with District Court to have the structure razed. She added that if the appeal is granted, it would be necessary to grant the variance and Conditional Use Permit to utilize the second floor as an apartment. Chairperson Szurek inquired of staff if the drawings presented were the same drawings as those presented at the May meeting or if new architectural plans had been submitted as required. Ms. Goodroad responded that the plans were the same as at the May meeting. Szurek asked the Building Official if he thought the cost of the rehab would exceed the 50% of value. Mr. Collova stated that it was very likely that the cost could be higher as some of the bids were only for the testing of the utilities. If a freeze-up had occurred, it could be likely that there could be leaks in pipes or other damage that could cost a considerable amount of money for repair or replacement. Council Representative Peterson asked if the boiler was a new installation. Mr. Collova responded that the boiler was a late 1980's model which would meet the Energy Code. Mr. Collova also informed the Commission that he is not sure if the boiler works. He calculated that it would cost approximately 83,000 to 84,000 to replace the boiler if necessary. Attorney Hoeft stated that the Comprehensive Plan changes regarding 40th Avenue should not add any weight to the decision of the Commission as the decision must be made under the current zoning not on a possible future change. Peterson asked how a variance could be granted for a side yard setback without a hardship. Attorney Hoeft stated that the basis for the variance would be that the structure is pre-existing and that the structure would be brought into conformance, the normal ordinance requirement of a.hardship would not apply. He stated that the City must assure all necessary be done to bring the property to code entirely and completely as it was declared hazardous twice. Peterson asked the Building'Inspector if the chimneys-have been inspected.as 'he noticed bricks falling off. Mr. Collova stated that the fireplaces must be certified or blocked off. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 10 Commission Fowler asked the Building Inspector if the house was worth saving. Mr. Collova replied that it was worth saving unless there are hidden problems that are uncovered during the rehab' that could be very costly. Commissioner Szurek asked Mr. Cotlova if, based on what he has seen, he would recommend the Planning and Zoning Commission proceed and allow this to go to whatever conclusion it goes to on the basis that the structure remains a commercial use. He felt that the use of the property would not be a problem if used as commercial. It was his opinion that the remodeling and repairs would cost more money than the owner anticipates. He stated that if the owner does run into a money problem and/or the remodeling stops for any length of time, he would recommend that the City reassess the situation and begin the process to remove the structure. Attorney Hoeft stated that if the appeal is granted and the demolition order is rescinded by the City Council and the variance and conditional use permit requests are approved, the property will be subject to all code inspections by the Building Inspector, the commercial fire inspections, and the Housing Maintenance Ordinance inspections for the residential unit on the second floor. He stated that the structure must meet all codes including the accessibility requirements. Commissioner Paulson stated that the owner has no rights to forego any code requirement. Mr. Collova stated that a Certificate of Occupancy would not be issued until all work is completed as no occupancy will be allowed due to the City Council resolution requiring removal of the structure. Mrs. Ferris asked Ms. Goodroad where the screening fence would be required as there is an existing chain link fence around the property. Ms. Goodroad responded that the screening fence would be required between the commercial structure and the adjacent residential properties which would mean the north property line. Mrs. Ferris addressed the Commission. During her comments she stated that her son would also be a co-owner of the property and would be homesteading the residence as he would be living on the second floor. Attorney Hoeft informed Mrs. Ferris that if the property was homesteaded, it would be in violation of the Ordinance as the property is a commercial structure whether the residential portion is approved by a Conditional Use Permit and whether her son owns some or all of'the structure. He further stated that a license woutd be required for the second floor residential unit whether or not it is occupied by a family member. Commissioner Szurek stated to the Ferris's that permits will be required for each aspect of work done in this structure and that i-t and of itself could be a considerable cost. She felt that there was a chance that their structural engineer could find that the integrity of the building is in question and then all the money spent would be in vain. ,_ - Mrs. Ferris stated that her_husband is an appraiser and she felt that the integrity of the building is alright. Council Representative Peterson admitted that he was pretty much against this appeal prior to the meeting. However, he stated that his. opinion has changed based on the comments of Mr. Collova. Mr. Peterson re-iterated that the owners must bring all aspects of the property into conformance with all codes. He wanted the Ferris's PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 11 to know that there could be hidden problems found when a wall is removed that could result in unknown costs. He stated that the codes will be enforced and there is nothing that can be done to change those requirements. Commissioner Paulson wanted the owners to be aware of the inspections and certifications required to be done by professionals and the costs they will incur for this. He felt that this would be a very expensive proposition. He wanted it clear to the owner that if the work is not completed due to costs or whatever, the structure will be demolished by the City and the costs assessed to the property. Mrs. Ferris stated that she understood the requirements and felt that she could work with the Building Inspector, Mr. Collova, as long as she was treated fairly and like anyone else. She explained that she has been discriminated against in the past because she is a woman. Motion by Fowler, seconded by Paulson, to grant the appeal regarding 411 N.E. 40th Avenue and recommend that the City Council rescind the resolution declaring the property hazardous and requiring its demolition on the basis that ali code required inspections be made by the Building Official, the commercial Fire Inspector, and the residential Housing Maintenance Inspectors and that the property must conform' to all code standards. Roll Call: Paulson - Aye; Fowler - Aye; Peterson - Aye; Szurek - Aye. Motion carried. **THIS ITEM TO APPEAR ON THE JUNE 9, 1997 CITY COUNCIL AGENDA. Variance Ms. Goodroad informed the Commission that Mr. and Mrs. Ferris are also requesting a 4.5 foot variance to use a non-conforming property for office use at 411 N.E. 40th Avenue. Section 9.113(4)(d).of the Retail Business Section of the Zoning Ordinance states that no building shall be erected within ten (10) feet of any alley abutting the narrowest portion of the lot. This item can only be approved if the appeal is granted which allows the use of the property. The enclosed survey shows the building only 5.5 feet from the alley where it must be ten (10) feet. This setback of 5.5 feet also makes the property non-conforming. She stated that Mr. and Mrs. Ferris propose to use this property for space for their own business. A proposed site plan indicates the office space on the main floor. A handicap accessible restroom must be installed as this building will be a commercial use. Additional work must be done to create a vestibule which is required to separate the main floor from the second floor apartment' they are planning to create. Two parking spaces are required for the residence. The plan shows the garage spaces are designated for the apartment. Two other spaces are required . for the office use which are indicated on the drawing. Additional work has been cited which is not indicated on the 'drawings but' are included in Mr. Collova's letter. All of the required work must be completed prior to occupancy unless the Building Official agrees to grant a temporary certificate of oc'cupancy with strict deadlines for completion. She also stated that a six foot high privacy fence will be required at the rear of the lot, along and inside the north property line, as indicated on the plan as this retail business zoned property is within 300 feet of residential zoning. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 12 Ms. Goodroad suggested the following stipulations for the variance approval: 1. All code required work be completed and approved prior to occupancy unless the Building Inspector approves a temporary certificate of occupancy. 2. Installation of the required screening fence at the rear of the property. MOTION by Paulson, seconded by Peterson, to recommend to the City Council the approval of the 4.5 foot side yard setback variance provided the following items are in compliance: 1. All code required work be completed and approved and inspected by the Building Inspector, Commercial Fire Inspector and the Housing Maintenance Inspectors prior to occupancy unless the Building Inspector approves a temporary certificate of occupancy. 2. Installation of the required screening fence along and inside the north property line (rear of lot). Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JUNE 9, 1997 CITY COUNCIL AGENDA. Conditional Use Permit Ms. Goodroad presented the request of Mr. and Mrs. Ferris for a Conditional Use Permit to utilize the second floor of the structure at 411 N.E. 40th Avenue as a residential dwelling unit. Section 9.113(2) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for dwelling units provided: 1. Units do not occupy the first floor, and 2. That a roof intended for useable space shall be enclosed by a wall or fence not less than five (5) feet in height. Ms. Goodroad informed the Commission that a site plan of the second floor has been included stating that- a small kitchenette must be installed in order to make the entire residential portion into one unit on the' second floor. Improvements to the stairs going to the second floor would also be required as the headroom does not meet current standards. A separate entrance closed off from the main floor With the new vestibule will complete the' separation of the two uses as required by the Zoning Ordinance. Mr. and Mrs. Ferris plan to have their son live in the residence. A two car garage exists on the property, therefore, adequate parking is available for the residential portion. '= ' '~ Staff recommends requiring all work be done for the creation of the vestibule, remodeling of the stairway and installation of the kitchen prior to occupancy of the residential unit. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 3, 1997 PAGE 13 Ms. Goodroad stated the following stipulations are suggested for the CUP approval: 1. Appeal for use of the building is granted. 2. Variance of 4.5 feet be approved. 3. All required work for vestibule, stairway, heating systems, electrical work and kitchen installation on second floor be completed and approved by the Building Official prior to occupancy of the residential unit. 4. Installation of required screening at the rear of the property. (Six foot high privacy fence.) 5. Obtain a City rental license for residential unit. MOTION by Paulson, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit with the following stipulations: I. The appeal for the use of the building be approved by the City Council. 2. The variance of 4.5 feet be approved by the City Council. 3. All code required work be inspected by the required inspectors, the second floor work be completed and approved by the Building Official, and Housing Maintenance Inspectors prior to occupancy of the residential unit. 4. Installation' of the required screening along the north property line be completed (six foot high privacy fence). 5. The owners obtain the required City rental license for the residential unit. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JUNE 9, 1997 CITY COUNCIL AGENDA. MOTION by Paulson, seconded by Peterson, to adjourn the meeting at 9:10 p.m. carried. Voice Vote: All Ayes. Motion kp MINUTES June 3, 1997 The meeting was called to order by Chair, Barbara Miller. Those present were: Barbara Miller, Richard Hubbard, Don Jolly, Pat Sowada, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the May 6th meeting as m~iled. The June 3~d bill list was reviewed. It was moved, seconded, and passed that the bills be paid. The accounting was reviewed. Old Business: 1.) The change made to the summer reading club bookmarks was shared with the Board. IPC printing added the Columbia Heights Public Library phone number. 2.) Proposed changes to the 1998 budget were reviewed. The change to line item 3105 to include funds for a national convention was noted. The changes to the percentages were reviewed. The levy remains the same. 3.) Resolution 97-1 was reviewed. It was moved, seconded, and passed to rescind Resolution 97-1. 4.) A list of contacts was distributed to the Board members for volunteering time, or supplies for flood victims if individuals are interested. 5.) Marsha had surgery on May 28a to remove the screw in her foot. Her Possible return to work day was originally listed as June 5~h . After the surgery, her physician felt that everything was healing properly and she could return to work on June 2nd instead. 6.) The Board was reminded that the truck will leave the library at 5:45 p.m. on Friday, June 27th for parade line up. 7.) Heights Pride Open House update was presented. Pencils will be given away, there will be face painting, filmstrips will be shown, the Super Tuesday program will be at 2:00 p.m. there will be prize drawings, and refreshments. Staff and Board members will be greeting people. Pat Sowada volunteered to purchase flowers for the refreshment table. New Business: 1.) It was moved, and seconded to waive the reading of Resolution 97:2. Resolution 97-2 was offered by Pat Sowada. It was moved, seconded, and passed to accept Resolution 97-2 recognizing graduating pages, Crystal Mielke, Samantha Pace, Nicole Sobcinski, and Sarah Weber. 2.) The Anoka County Library Internet Policy statement was reviewed. It was moved and seconded to draft a similar policy for the Columbia Heights Public Library for consideration at the next Board meeting. 3.) 4.) 5.) 6.) 7.) 8.) 9.) 10.) Two new pages have been hired. Deborah Cook and Matthew Dondelinger will begin training on June I 1t~ . The library will be advertising for additional page and chore person positions from June 9th to June 23rd. Crossover statistics were reviewed. The Comprehensive Annual Report for the City of Columbia Heights' for the year ending Dec. 1996 was shared with the Board. It was reported that the phone relay box located on the east side of the building was marked with graffiti. The annual book sale will be held on June 5th and 6th . Becky reported that she will be on vacation from June 12th to June 22nd . Pat Sowada commended Marsha Tubbs for all of her hard work promoting the library and summer reading clubs at the local elementary schools. Don Jolly reported that the City Council passed a resolution and created by-laws for a Youth Commission. The formulation, meeting dates etc., of this Commission will be taking place this summer. There being no further business the meeting was adjourned at 7:50 p.m. Respectfully submitted, · .~,..,,~ / ~/, ~, ~,:,,~ ~u/ - J'eanine M. Schmidt, Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. CITY OF COLUMBIi% HEIGHTS Meeting of: June 23, 1997 AGENDA sECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: APPROVE ASSIGNMENT OF OPERATING/ BY: Ken Anderson BY: AND MANAGEMENT AGREEMENTS TO LAKE DATE: June 20, 1997 STATES PROPERTY, INC. NO: Recently the'owners and management of the Columbia Heights Business Center at 3989 Central Avenue N.E. have been negotiating a long term financing package with a number of potential lenders. An out of state lending institution has agreed to provide financing and a closing is scheduled for late in the week of June 23, 1996. In order to close on the loan, the Columbia Heights Economic Development Authority and City Council of Columbia Heights must approve an assignment of certain operating and management agreements to the new owner - Lake States Property, Inc., A Minnesota Corporation. Stephen Bubul, legal counsel, has been working closely with staff and the building owner's legal counsel to prepare the appropriate agreements and documentation. There are two basic transactions for which the City Council and EDA must consent. The first is the Assignment of the Operating and Management Agreements which have been revised to reflect the new owners and a term which simultaneously ends in the year 2002 for both the Management and Operating Agreement. There is an automatic 10 year extension to the Agreements. The second is a modified Waiver and Release form which releases Zaidan, Mcbilia and now the new owner from any claim to the $80,000 in taxes to be paid as part of this transaction and due for the second half of taxes payable in 1995. It also identifies the EDA commitment to provide 50% of costs up to $30,000 for security system improvements to the parking ramp. This payment can be made for up to one year and only after receipt of the tax increment proceeds due as a result of the payment of back taxes. Execution of the waiver and release by the building owners will enable the Satisfaction of Mortgage to be released. Attached are copies of the agreements prepared and received by legal counsel for the owners late on Friday afternoon. Therefore, this item needs to be added to the agenda at the beginning of the City Council meeting of June 23, 1997. The EDA will also consider approval of these documents at their meeting of June 24, 1997. MOTION: Move to approve the Assignment of the Operating and Management Agreements to Lake States Property, Inc., A Minnesota Corporation; and furthermore, to authorize the President and Executive Director to enter into an Agreement for the same. MOTION: Move to approve Waiver and Release Form for the Columbia Heights Business Center; and furthermore, move to authorize the President and Executive Director to enter into an Agreement for the same. COUNCIL ACTION: \bt\letter\council THIS AGRD/MENT is a~ ~ of fl~: ~ da7 of lure, 1997,1~ MOBW,~& LTD., ~ ~on, (~~~) ~n favor of LAKF,.ST~TE I~OFER'TIES, INC., a KENNEDY & WAIVER AND laF~.~ASE AGREEMENT This Waiver and Release Agreemeat is entered into this day of . ,1997 by and between Mobilia, Ltd. CMobilia"), and the Columbia Heights Economic Development Authority (the "EDA") as su¢cea~or in interest to the Housing and Redevelopment Authority in and f'or the City of Columbia. Heights ( the "HRA"). On November 30, 1995, a representative of Zaidan Holdings, Inc. ("Zaidan') delivered a check in the mount of $158,099.22 to the HRA as payment in full of the outstanding balance of the Promissory Note given by Zaidan to the HRA da, ed March 10, 1995 (the ~lote"). The Note was secured by that certain Subordinated Mortgage given by Mobilia to the HRA dated March I0, 1995 (the "Mortgage"). 2. The pay off mount was calculated as follows: Principal Balance Due: Plus iate~est from 3/10/95 Le.~ 10/16/95 payment Less Credit Amount Plus Credit Amount interest $250,522.00 14,550.87 (26,822.00) ( 80,686.01> 534.36 Total Paid: $158,099.22 Under paragraph (f) of the Note, the full Credit Amount was the total tax increment amibutable to the Property that is payable to the HRA in calendar year 1995 and arising from an estimated market value of $4,800,000, less the tax increment that would have be~n attributable to the Property payable in calendar year 1995 if the assessor's market value had been $1,630,800; provided that only thc portion of the Credit Amount actually received by the HRA as of December 1, 1995 wa~ applicable as a credit against amounm due on or before December 1, t995. A.s of the payoff on November 30, 1995, property taxes for the fa'si half of 1995 had been paid, but taxes for the second half of 1995 were delinquent. As of that date, the H$La. had actually received only $80,686.0 t of the Credit Amount, attributable to fa-st-half 1995 property taxes. The amount applied as a credit on November 30, 1995 was therefore $80,686.01. Oa November 30, 1995 Zaidan elected to pay the balance due az cteseribed in paragraph 2 above, notwithstanding the fa~ that, had the second-half t995 taxes been timely paid, Zaidan wou/d have been entitled to a full Credit Amount of $161,372.02. Mobiiia 'understands that the Note ha~ been paid in full in accordance with ias lerms, and on this date have received from the EDA a satisfaction of th~ Mortgage in recorclable form. M°bilia hereby waives and telex.scs any ~:Iaims it hag Or may have against the EDA or its successors and ass!gas or the City of Columbia Heights, arising from or in connection g~989aa ~ ~0 17:3~ KEnnEDY & GRAVEN with the Note or the Mortgage, including without limitation any right or interest in the mount of $80,686.01 representing the port/on of thc Credit Amount no{ applied as a credit against amounts due under thc Note, except as otherwise provided in Section 8 hereof. Notwithstanding anything to the contrary herein, upon or after receipt by the EDA or its suC~ssors and assigns of tax increment attributable to the second-half 1995 property taxes on the Property: (a) The EDA agrees that ft. will pay or reimburse Mobilia or its successor and assigns for 50 percent of the cost of acqu/r/ng and insta/]ing an interactive security surveillance system ("Security System") in the parking ramp adjacent to the Columbia Heights Office Center, provided that the total reimbursement shaft not exceed $30,000. The Security System must be approved by the EDA and the City, and must be installed within one year after receipt by the EDA of the tax increment attributable to second half 1995 property taxes on the Property. Mobilia or its successors and assigns shall comply with all bidding requirements.otherwise applicable to the Security Sysmm if the EDA acquired such system directly. The EDA will provide advice and assistance regarding such bidding requirements. (b) Mobitia or its successors and assi~n.~ may petition the £DA or the City to request assistance in some form in the~amount of $80,686.01, less any amount paid by the EDA under paragraph 8(a) above, representing a portion of the Credit Amount that would have been applied a~ a credit against amount5 due under the Note had the second-half 1995 property taxes been paid when due; provided that Mobilia understands and acknowledges that provision of such assistance is wither, the sole discretion of the EDA and the City, and Mobitia nor any successor or assign has any fight or interest in such assistance. Mobflia will hold harmless, defend and indenmify the EDA and the City for any claim brought by Za/dan ar/sing from or in connection with the Note or the Mortgage,/ncluding without limitation any right or interest in the amount of $80,686.01 repre~nting the port/on of the Credit Amount not applied as a credit against amounts due under the Note, except as otherwise provided in Section 8 hereof. ,.I997 ' 2 MOBILIA, LTD. Pcs COLUMBIA HEIGHTS ECONOMIC DEVELOPNfENT AUTHORITY Its l:'r~side~t By Its Ex¢¢utiv~ Director Satisfaction Of Subordinated Mortgage Date: Form N~. 5I-M · 1996 THAT CERTAIN SUBORDINATED MORTGAGE own~xt by :he undcr~ign~ a public body corporate and politic under t~e laws of Minnesota , dated March I0 , I~_.~5 execwaxt by Mobilia, Ltd., a_ De!awar~ corporation , as Mortgagor, to _The Housing and Redevelopment Authority in and for the City of Columbia Heights as Mortgag~ (whose fights and interests in the Subordinated Mortgage have been assigned to the Columbia Height~ Economic Developm~nt Authority pursuant to Minnesota Statutes, Section 469.094), and filed for record 19 , as Document Nmbea' (or in Book of Page ), in the Office of the (County K~cord~r) (R~istrar of Titles) of Anoka County, Minnesota, is with the indebtedness thereby secur~l, fully paid and satisfied. COLUMBIA I-rEtGHTS ECONOMIC DI~VELOPMENT AUTHOR/TY By Its President STATE OF MINNESOTA COUNTY OF HENNEPtN By Its Executive Director The foregoing instrument was acknowledged l:~£or~ m~ ~ day' of , t 597, ~ and , tl~ Prudent and Executive Director of the Columbia Heights Economic D~veiopment Authority, a public {xxty corporate and politic u~der the laws of Minnesota, on behalf of the Author/ty. ~IGNATU~ OF FERSON TAKING ACKNOWLEDGMENT NOTARIAL STAMIa OR SEAL (OR OTHER ~ OR RANK)