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HomeMy WebLinkAboutJuly 25, 1994 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 July 22, 1994 Ma) or Joseph Sturdcx am Councilmembers Donald G. Jolh' Bruce G. Nax~ rocki Gar~ l.. Pcterson RoNcrt W. Ruettimann City Manager Patrick Henlges The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 25, 1994, in the City Council Chambers of City Hall at 590 40th Avenue NE, 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 and Roll Call 2. Pledge of Allegiance 3. Consent Agenda (All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) RECOMMENDED MOTION: Move to adopt the consent agenda items as indicated with an asterisk (***)on the Regular Council Agenda. 4. Minutes of Previous Meeting(s) ***RECOMMENDED MOTION: Move to adopt the minutes of the Regular City Council Meeting of July 11, 1994, and the minutes of the Special City Council Meeting of July 18, 1994, as presented in writing, and such reading be dispensed with. a. Correction of Minutes of June 13, 1994, City Council Meeting 5. Open Mike/Proclamations/Presentations (Open Mike is an opportunity for residents to address or raise any issue to the City Council. However, the City Council asks that the resident provide their name, address, and a statement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, residents will be allotted five minutes to present their statement or issue.) a. Sheriff Ken Wilkinson, Anoka County b. David Westheimer, 3857 Van Buren - Tires c. National Night Out Proclamation "SERVICE IS OUR BUSINESS" EQOAL OPPORTUNITY EMPI_OYER THE CITY OF COLUMBIA I--IEIGHTS DOES NOT DISCRIMINATE ON T,-IE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES COUNCIL AGENDA Page 2 CoUncil Meeting of July 25, 1994 o iPublic Hearings/Ordinances & Resolutions a. First Reading - Ordinance No. 1285, Pertaining to Home Occupation Ordinance RECOMMENDED MOTION: Move to waive the first reading of Ordinance 1285, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance 1285 Pertaining to Home Occupation for Monday, August 8, 1994, 7:00 P.M. in the City Council Chambers. First Reading - Ordinance No. 1291, Pertaining to the Housing Maintenance Code as it Relates to Inspection and Enforcements RECOMMENDED MOTION: Move to waive the first reading of Ordinance No. 1291, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1291, Pertaining to the Housing Maintenance Code as it Relates to Inspection and Enforcements for Monday, August 8, 1994, at 7:00 P.M. in the City Council Chambers. lC. First Reading - Ordinance No. __ Right of Appeal ., Pertaining to the Housing Maintenance Code as it Relates to the RECOMMENDED MOTION: Move to waive the first reading of Ordinance No. __ ample copies available to the public. ., there being RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. __, Pertaining to the Housing Maintenance Code Regarding Right of Appeal for Monday, August 8, 1994, at 7:00 P.M. in the City Council Chambers. 'd. First Reading - Ordinance No. 1276, Pertaining to the Housing Maintenance Code as it Relates to the Penalties for Violations RECOMMENDED MOTION: Move to waive the first reading of Ordinance No. 1276, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1276, Pertaining to the Housing Maintenance Code as it relates to Penalties for Violations for Monday August 8, 1994, at 7:00 P.M. in the City Council Chambers. First Reading - Ordinance No. 1275, Pertaining to the Housing Maintenance Code as it Relates to the Compliance Order and Posting to Prevent Occupancy RECOMMENDED MOTION: Move to waive the first reading of Ordinance No. 1275, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1275, Pertaining to the Housing Maintenance Code as it relates to the Compliance Order and Posting to Prevent Occupancy to Monday, August 8, 1994, in the City Council Chambers. f. Other Resolutions and Ordinances COUNCIL AGENDA Page 3 Council Meeting of July 25, 1994 7. Communications ***ia. Block Party Request - Bruce Magnuson, 5010 Pennine Pass RECOMMENDED MOTION: Move to approve request of Bruce Magnuson, 5010 Pennine Pass, to block off Chalet Drive between Stinson Boulevard and Pennine Pass for their annual block party from 3 P.M. to 7 P.M., on August 13, 1994. School District Early Childhood Special Education Program at Columbia Heights Mall -4001 Central Avenue RECOMMENDED MOTION: I have requested that the City Attorney carefully weigh both opinions and fashion a motion that essentially finds that the proposed use is essential governmental function; and accordingly the provisions of the zoning ordinance do not restrict the proposed use; and that the proposed use is not a school building, and thereby alleviates City from future problems with the BoxSeat premises. Approval of Attendance at the National Association of Telecommunications Officers and Advisors Conference RECOMMENDED MOTION: Move to authorize the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to be held in Sparks, Nevada, from September 18-21, 1994, and, that all related expenses be reimbursed from Funds 225-49844-3105 and 225-49844-3320. Approval of Attendance at the ICBO Annual Conference in Indianapolis, Indiana, September 11-16, 1994, RECOMMENDED MOTION: Move to authorize the attendance of Evelyn Nygaard, Building Inspector, at the Annual ICBO Conference in Indianapolis, Indiana, from September 11-16, 1994, and that all related expenses be reimbursed from Funds 101-42400-3105 and 101-42400-3320. **?e. Request for One Time Gambling Request by Hiawatha Activities Council, Inc. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the Hiawatha Activities Council, Inc. at the Church of Immaculate Conception, 4030 Jackson Street NE, Columbia Heights on September 10 and 11, 1994; and furthermore, that the City Council hereby waives the remainder of the thirty day notice to the local governing body. ***f. Establish a Hearing Date for Revocation of a License, 5049/51 Jackson Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 8, 1994, for Revocation or Suspension of a License to Operate a Rental Unit(s) within the City of Columbia Heights against Mr. Gerald R. Anderson regarding rental property at 5049/51 Jackson Street NE. **Kg. Establish a Hearing Date for Revocation of a License, 4628 Tyler Street N.E. and 4634 Tyler Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 8, 1994, Revocation or Suspension of a License to Operate a Rental Property Within the City of Columbia Heights Against Esquire Properties Regarding Rental Property at 4628 Tyler Street N.E. and 4634 Tyler Street N.E. **'*h. Block Party Request - Ruth Graham, 625 47th Avenue N.E. RECOMMENDED MOTION: Move Approval of Request from Ruth Graham, 625 47th N.E., to COiUNCIL AGENDA Page 4 Colancil Meeting of July 25, 1994 barricade the cul-de-sac only at the end of 47th Avenue, west from Monroe Street to the top of the hill for their annual block party/crime watch meeting from 6 PM to 9 PM on August 2, 1994 (National Night Out). i. Other Communications ~ld Business a. Award Contract on Legal Services RECOMMENDED MOTION: Move to award the contract to Barna, Guzy, and Steffen, Ltd. for the City of Columbia Heights' General Legal Representation and City Prosecution Services, and further to Authorize Mayor and City Manager to Enter into Contract with the Same. b. Other Old Business 9. iNew Business a. Award Demolition of 3950 2nd St. N.E. RECOMMENDED MOTION: Move to Award the Demolition of 3950 2nd St. N.E. to Ray Anderson and Sons Co., Inc., Based upon Their Low, Qualified Responsible Quote in the Amount of $5,400 with funds to be Appropriated from Fund 415-59407-3050; and Furthermore, to Authorize the Mayor and City Manager to Enter into an Agreement for the Same. b. Award Overhead Doors-Fire Department RECOMMENDED MOTION: Move to Award the Installation of Overhead High R-Value Doors for the Fire Department to Twin City Door, Based upon their Low, Qualified Responsible Quote in the Amount of $8,184.00, with Funds to be Appropriated from Fund 411-41540-5120; and Furthermore, to Authorize the Mayor and City Manager to Enter into an Agreement for the Same. lc. Award of Rubber Surfaced Crossing Materials, Project #9402 RECOMMENDED MOTION: Move to award the Rubber Surfaced Crossing Material purchase, Municipal Project #9402, to OMNI products, Inc. of McHenry, Illinois, based upon their low, qualified responsible quote in the amount of $7,992.00 with funds to be appropriated from Fund 402-59402-2160; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. id. Approval of Restated Six Cities Watershed Management Organization Joint Powers Agreement RECOMMENDED MOTION: Move to approve the Restated Joint Powers Agreement for the Six Cities Watershed Management Organization dated May 20, 1994; and furthermore, to authorize the Mayor and City Manager to sign the agreement. ie. Establish Work Session Dates 'f. RECOMMENDED MOTION: Move to establish Work Sessions on August 1, 1994, at 8 P.M.; August 9, 1994 at 7 P.M.; August 16, 1994, at 7 P.M.; and August 29, 1994, at 8 P.M. Other New Business COUNCIL AGENDA Page 5 CoUncil Meeting of July 25, 1994 10. ]Reports a. Report of the City Manager b. Report of the City Attorney 11. iLicenses ***RECOMMENDED MOTION: Move to approve the 1994 license applications as listed upon payment of proper feeS. 12. Payment of Bills ***iRECOMMENDED MOTION: Move to pay the bills as listed out of proper funds, Adjournment RECOMMENDED MOTION: Move to adjourn. cb Pat Hentges, City Manager 94~81 iOFFICIAL PROCEEDINGS !COLUMBIA HEIGHTS CITY COUNCIL iSPECIAL COUNCIL MEETING IJULY 18, 1994 'The Special Council Meeting was called to order by Mayor Sturdevant fat 7:00 p.m. Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. ~LEDGE OF ALLEGIANCE SHEFFIELD NEIGHBORHOOD PROJECT - PUBLIC HEARING a. Presentation by Staff City Manager Hentges reviewed the format for the Special Meeting and the proposed timetable and financing sources for the project. He introduced the planning consultant who gave an overview of the target block. A booklet containing the consultant's recommendations and a draft Request for Proposal had been distributed to members of the City Council. The conclusion of the consulting team was that the redevelopment of the area should be done with detached owner/occupied housing. Lot size was recommended to be sixty to sixty-three feet wide. It was felt this lot size would be ample enough to accommodate a home in the ninety-thousand dollar market. Elimination of alleys and sidewalks, except those for approaching the house from the street, was recommended. Various sketches for model houses were included in the booklet. Townhouses were also a consideration for the project area. There was consensus among the Council that the lot size recommended by the consultant was too small. Other items of concern were a two-car garage requirement and exterior maintenance materials. Councilmember Nawrocki felt townhouses should remain as a viable consideration for a portion of this redevelopment. He was of the opinion that townhousesbetter utilize common space especially with regard to play areas for children. Councilmember Ruettimann viewed townhouses as being attractive to smaller families and a potential for becoming rental property. He felt this would not be the ideal proposal for this area. SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 2 The Executive Director of the HRA reviewed future redevelopment projects and possibilities for this area. He specifically addressed the conversion of duplexes into owner occupied, single family homes. The Acting Police Chief referred to his department's summary report of the area and the recent activities of police officers in the neighborhood. A few residents of the Sheffield Area voiced their concerns and comments regarding the proposed redevelopment plans. Councilmember Nawrockiquestioned some of the proposed methods being recommended for financing the project. He had real concerns regarding the use of TIF funds. He also observed that almost all of the City's available resources are being concentrated in one area. He questioned what would be done to meet similar kinds of needs in other areas of the City. The City Manager responded to how funds will be made available for replacement funds. He also addressed the potential loss of LGA and HACA funding and how it would be offset with the charging of administrative fees. Councilmember Ruettimann agreed that there are other problem areas within the City and funding will be needed to solve these situations. But, he felt residents had wanted the Sheffield Area a priority project. Eventually, he anticipates each quadrant of the City will be looked at for improvements. He suggested that the issue of funding sources be revisited next year. Councilmember Jolly expressed his concern regarding funding for future redevelopment projects. He inquired if there is to be a revolving fund set up for this purpose. The City Manager responded he anticipates there being grant opportunities in the future. b. Resolutions on Sheffield Redevelopment Financing 1. Resolution No. 94-40; Approving Redevelopment Project Budget for 4600 Block of Pierce/Fillmore Streets Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 3 RESOLUTION NO. 94-40 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE DEVELOPMENT PROJECT BUDGET FOR 4600 BLOCK BETWEEN PIERCE STREET AND FILLMORE STREET WHEREAS, the Authority did authorize the creation of a "redevelopment project" as that term is defined at Minnesota Statutes, Section 469.001, Subd. 14 and a "housing development project" as that term is defined at Minnesota Statutes, Section 469.001, Subd. 15, which project is referred to as the Sheffield Redevelopment Housing Development Project (the "Redevelopment and Housing Development Project") and adopted a "redevelopment plan" as that term is defined at Minnesota Statutes, Section 469.001, Subd. 16 for said "Redevelopment and Housing Developmenet Project" which is referred to as the Sheffield Neighborhood Redevelopment and Housing Development Plan (the "Redevelopment and Housing Development Plan") on February 8, 1994; and WHEREAS, the City Council did approve the Housing Development and Redevelopment Plan for the Redevelopment and Housing Development Project on February 28, 1994; and WHEREAS, the Redevelopment Housing and Development Plan proposes redevelopment and housing development activities to be undertaken within the project boundaries and to specifically occur to the area defined as the 4600 block between Pierce Street and Fillmore Street (commonly described as "target block"); and WHEREAS, the City has acquired property on the target block and funded said acquistions through interfund loans of Sewer Infrastructure Fund 652 in the amount of $710,000 and Liquor Fund 609 in the amount of $469,000; and WHEREAS, it is the intention of the City Council to establish a final redevelopment and housing development project budget that specifically establishes expenditure limits and sources of repayment for the Sewer Infrastructure Fund 609 and Liquor Fund 652. SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, THAT: The City Council approves a Redevelopment and Housing Development Project budget for the 4600 block between Pierce and Fillmore streets of $1,330,000 to accomplish property acquisition, demolition/removal, tenant relocation, public improvements, professional services and holding costs related to the objectives set forth within the Housing and Redevelopment plan, and further attached Exhibit A (Sheffield 4600 Block Redevelopment Expenditures Budget) is hereby adopted, amending to the 1994 Budget Fund 410. The City Council hereby establishes the interfund loan of $710,000 from Sewer Infrastructure Fund 652 shall be repaid with interest at 4% or $199,000 interest accumulation from proceeds of the Housing and Redevelopment Authority Annual Levy of approximately $71,000 through the year 2003; and with potential of tax increment financing revenues of the Sheffield Redevlopment and Housing Development Tax Increment Financing District estimated to be approximately $25,000 annually, over a period not exceeding the year 2009. The City Council hereby establishes a loan of up to $469,000 from Liquor Fund 609 to be repaid in the principal amount only from the use of surplus TIF revenues of the CDB Tax Increment Financing District, estimated at approximately $300,000; and revenues from the sale of cleared land or individual lots on the 4600 block between Pierce and Fillmore Streets estimated up to $320,000 in sales proceeds. The city Council approves $131,000 of expenditures for the project derived from revenues including payments of the house removal contract in the amount of $10,000, a 1994 Housing and Redevelopment Authority Annual Levy in the amount of $71,000, and proceeds from the sale of surplus property of the City and HRA in the amount of $70,000. The City Council approves these sources of funds and expenditures amounts as the current budget for the Sheffield Redevelopment and Housing Development Project located on the 4600 block between Pierce and Fillmore Streets and any increase in the redevelopment activities will be submitted for approval by the City Council. SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 5 Approved this 18th day of July, 1994. Offered by: Ruettimann Seconded by: Peterson Voting Aye: Jolly, Nawrocki, Sturdevant Voting Nay: None Absent: None Ruettimann, ATTEST: Peterson, Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2. Resolution No. 94-41; Approving Modification of Downtown CDB Redevelopment Project and the Sheffield Neighborhood Redevelopment and Housing Development Project Boundaries Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-41 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE MODIFICATION OF DOWNTOWN C.D.B. REDEVELOPMENT PROJECT AND THE SHEFFIELD NEIGHBORHOOD REDEVELOPMENT AND HOUSING DEVELOPMENT PROJECT BOUNDARIES WHEREAS, the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota (the "Authority") did authorize the creation of a "redevelopment project" as that term is defined at Minnesota Statutes, Section 469.001, Subd. 14, on June 14, 1977, which "redevelopment plan" as that term is defined at Minnesota Statutes, Section 469.001, Subd. 16, for said redevelopment project is referrd to as the Downtown C.D.B. Redevelopment Project (the "Redevelopment Project"); and WHEREAS, the City Council for the City of Columbia Heights (the "City") did approve the Redevelopment Plan for said Redevelopment Project on August 3, 1977; and SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 6 WHEREAS, the Authority did approve amendments to the Redevelopment Plan for the Redevelopment Project with the most recent amendment approved by the City on September 9, 1989; and WHEREAS, the Authority did authorize the creation of a "redevelopment project" as that term is defined at Minnesota Statutes, Section 469.001, Subd. 14 and a "housing development project" as that term is defined at Minnesota Statutes, Section 469.001, Subd. 15, which project is referred to as the Sheffield Redevelopment and Housing Development Project (the "Redevelopment and Housing Development Project") and adopted a "redevelopment plan" as that term is defined at Minnesota Statutes, Section 469.001, Subd. 16 for said "Redevelopment and Housing Development Plan (the "Redevelopment and Housing Development Plan") on February 8, 1994; and WHEREAS, the City did approve the Redevelopment and Development Housing Plan for the Redevelopment and Housing Development Project on February 28, 1994; and WHEREAS, the Authority has proposed a program for financing the redevelopment activities in the Redevelopment and Housing Development Project and the proposed program involves the use of any surplus funds which may become available from the Redevelopment Project; and WHEREAS, in order for the Authority to use any surplus funds from the Redevelopment Project for activities to be undertaken by the Authority and the City in the Redevelopment and Housing Development Project, the Authority and the City must approve the modification of the boundaries of the Redevelopment Project and the Redevelopment and Housing Development Project so as to merge the Redevelopment Project and the Redevelopment and Housing Development Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, that: The City Council approves the modification of the Downtown C.B.D. Redevelopment Project and the Sheffield Redevelopment and Housing and Development Plan for the Sheffield Redevelopment and Housing Development Project in order to merge the boundaries of the respective Redevelopment Project and Redevelopment and Housing Development Project. SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 7 Passed this 18th day of July, 1994. Motion by: Seconded by: Ruettimann Peterson Voting Aye: Jolly, Nawrocki, Sturdevant Ruettimann, Peterson, Voting Nay: None Absent: None Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary 3. Resolution No. 94-42; Directing City Manager to Prepare Tax Increment Financing Plan and Establish TIF District, Public Notice and Hold Public Hearing Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, TO DIRECT THE CITY MANAGER TO PREPARE A TAX INCREMENT FINANCING PLAN FOR THE SHEFFIELD REDEVELOPMENT AND HOUSING PROJECT (THE "PROJECT") TO CREATE A TAX INCREMENT FINANCING DISTRICT WITHIN SAID PROJECT AND TO DIRECT THE CITY MANAGER ANDTHE HOUSING ANDREDEVELOPMENT AUTHORITY INAND FOR THE CITY OF COLUMBIA HEIGHTS TO PUBLISH NOTICE AND HOLD A PUBLIC HEARING TOAPPROVETHE TAX INCREMENT FINANCING PLAN AND ESTABLISH THE TAX INCREMENT FINANCING DISTRICT WHEREAS, the City Council ("Council") of the City of Columbia Heights ("City") did adopt a Redevelopment and Housing and Development Plan entitled "Sheffield Neighborhood Redevelopment and Housing Plan" and created a Redevelopment and Housing Development Project on February 26, 1994 pursuant to Minnesota Statutes, Section 469.028; and WHEREAS, the Redevelopment and Housing Development Plan did identify various sources of funds to finance the costs contemplated in the Redevelopment and Housing Development Plan; and SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 8 WHEREAS, the Council has identified the use of tax increments derived from the "tax increment financing district" as that term is defined in Minnesota Statutes, Section 469.174, Subd. 9 as a potential source of funds to further finance the public costs associated with the Sheffield Neighborhood Redevelopment and Housing Development Project; and WHEREAS, the Council and the Authority propose to establish a tax increment financing district within the boundaries of, or coterminous with the boundaries of, the Sheffield Neighborhood Redevelopment and Housing Development Project; and WHEREAS, prerequisite to the establishment of a Tax Increment Financing District is the preparation of a "Tax Increment Financing Plan" as provided at Minnesota Statutes, Section 469.175, Subd. 1; and WHEREAS, also prerequisite to the establishment of a "Tax Increment Financing District" is the Council's holding a public hearing after published notice at least 10 or no more than 30 days prior to said public hearing as provided at Minnesota Statutes, Section 469.174, S~bds. 2 and 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows; The City Council hereby directs the City Manager to prepare a "Tax Increment Financing Plan" for the Sheffield Neighborhood Redevelopment and Housing Development Project. The City Council hereby directs the City Manager to create and establish the boundaries of the proposed "Tax Increment Financing District" for the Sheffield Neighborhood Redevelopment and Housing Development Project. SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 9 The City Council hereby directs the City Manager to publish notice of the date upon which the City Council will hold a public hearing at which time the City Council will consider approval of said "Tax Increment Financing Plan" for the Sheffield Neighborhood Redevelopment and Housing Development Project and directs the Housing and Redevelopment Authority in and for the City of Columbia Heights to consider said "Tax Increment Financing Plan" for the Sheffield Neighborhood Redevelopment and Housing Development Project at a separate public hearing after the Housing and Redevelopment Authority in and for the City of Columbia Heights has provided an opportunity for members of the Anoka County Board of Commissioners and the Columbia Heights School Board to review and comment upon the contents of the "Tax Increment Financing Plan." Approved this 18th day of July, 1994 Motion by: Seconded by: Ruettimann Peterson Voting Aye: Jolly, Nawrocki, Sturdevant Ruettimann, Peterson, Voting Nay: None Absent: None ATTEST: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary c. Purchase of Property on 4600 Block of Fillmore and Pierce Streets 1. Resolution No. 94-43 Authorizina the Purchase of Property Motion by Nawrocki, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 10 ~S0LU~ION NO. 94-4) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING THE PURCHSE OF 4601 FILLMORE STREET AND 4619 FILLMORE STREET LOCATED IN THE SHEFFIELD NEIGHBORHOOD WHEREAS, the City Council of the City of Columbia Heights (the "City") and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority") have been working jointly to prepare a Redevelopment Plan for the Sheffield Neighborhood entitled "The Sheffield Neighborhood Revitalization Program (the "Redevelopment Plan"); and WHEREAS, the City and the Authority have found within the Sheffield Neighborhood there exists conditions of deterioration, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire two such non-owner occupied duplexes pursuant to that certain Purchase Agreement by and between the City of Columbia Heights and Gary and Carolyn Knutson (the "Sellers") and certain purchase agreements by and between the City of Columbia Heights and Donald L. and Margie E. Drabant (the "Sellers") and the purchase agreements were signed by the seller(s) and are provided herewith; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City Council hereby aprpoves the terms of the Purchase Agreement between the City and Donald L. and Margie E. Drabant and authorizes the Mayor and City Manager to sign it on behalf of the City at a purchase price of $69,900. The City Council hereby approves the terms of the Purchase Agreement between the City and Gary and Carolyn Knutson and authorizes the Mayor and City Manager to sign it on behalf of the City at a purchase price of $69,000. The city Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreements. iSPECIAL COUNCIL MEETING IJULY 18, 1994 !PAGE 11 The City Council approves an interim source of funding from Capital Improvement Fund 410 in the amount of $138,900 plus $4,000 so the City may acquire the real property as provided in the Purchase Agreements. The City Manager is authorized to work jointly with the Authority to identify a permanent source of project funding. The interim sources of financing of Capital Improvement Fund 410 shall be repaid from sources of permanent financing as set forth in Resolution 94-40 (approving the Development Project budget for 4600 block between Pierce Street and Fillmore Street). Passed this 18th day of July, 1994. Offered by: Seconded by: Roll call: Nawrocki Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2. Tenant Relocation Services Contract Motion by Peterson, second by Jolly to authorize the Mayor and City Manager to enter into a contract with Wilson Development Services for tenant relocation services. Roll call: All ayes d. Sheffield Rehabilitation Program 1. Resolution No. 94-44: Approving the Implementation of Sheffield CDBG/HOME Duplex Conversion and Owner Occupied Rehabilitation Program Motion by Nawrocki, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 12 RESOLUTION NO. 94-44 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA APPROVING IMPLEMENTATION OF SHEFFIELD CDBG/HOME DUPLEX CONVERSION AND OWNER OCCUPIED REHABILITATION PROGRAM WHEREAS, the City of Columbia Heights (hereinafter referred to as the "City") has received a grant of $120,000 (matched by $30,000 of local funds) through the federally funded HOME Program for use in renovating duplexes in the Sheffield Neighborhood into large single family houses; and WHEREAS, the City has allocated $249,010 of its FY1994 federally funded Community Development Block Grant (CDBG) allocation from the Anoka County CDBG Program for Acquisition and Clearance of Deteriorated Properties ($139,000) and Single Family/Duplex Housing Rehabilitation ($110,010)with use of the Acquisition funds restricted to the Sheffield Neighborhood until June 30, 1995 and with the owners of property in the Sheffield Neighborhood to receive preference over others for loan/grant funds through the CDBG Rehabilitation Program; and WHEREAS, a limited portion (up to $30,000) of the FY1994 CDBG Single Family/Duplex Housing Rehabilitation is needed to complete housing rehabilitation projects that the HRA has in process outside of the Sheffield Neighborhood and a portion of the FY1995 CDBG Program funds could be used in the Sheffield Neighborhood if needed; and WHEREAS, it is desirable to have housing rehabilitation programs for low income and non-low income property owners who occupy their property (duplex or single family) in the entire Sheffield Neighborhood with preference given to those with home immediately adjacent to the "Target" block area (4600 blocks of Pierce and Fillmore Streets); and WHEREAS, the City currently owns duplex units at 4519-21 and 4535-37 Taylor Street N.E. and 4531-33 Fillmore Street N.E. which are to be the first three (of up to eleven) duplexes to be converted to single family units; and WHEREAS, the architectural firm of Dovolis, Johnson & Ruggieri, Inc. (hereinafter referred to as the "Architect") has been involved with the City in preparing preliminary plans for the renovation of duplexes and has agreed, after substantial negotiation, to provide plans and specification for the renovation of the three initial duplexes for $2,995 for each of the duplexes; and SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 13 WHEREAS, the plans and specifications prepared by the architect will be usable with minor revisions on the other duplex conversions; and WHEREAS, the initial three (and any future) duplexes renovated into single family houses will be sold and the plan is to sell the houses (for $84,900 or appraisal value after renovation, whichever is less) via a lottery system with preference given to residents of Columbia Heights; and WHEREAS, the proceeds from the sales of the renovated units is to be deposited into a duplex renovation revolving fund to acquire and renovate additional duplexes into single family homes in the Sheffield Neighborhood; THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights' that it approves and City/HRA staff are authorized to implement programs as approved here and in the 1994 HOME and CDBG Programs (as previously approved by the City Council): (1) Use of up to $30,000 FY1994 CDBG Single Family/Duplex Housing Rehabilitation funds for completing rehabilitation projects in progress from families outside of the Sheffield Neighborhood with the understanding that the amount used outside of the Sheffield Neighborhood will be replaced by FY1995 CDBG funds after July 1, 1995 (if needed in the Sheffield Neighborhood). (2) Establishment of single family and duplex owner occupied rehabilitation program with preference to those immediately adjacent to the Target Block of the 4600 block of Pierce and Fillmore. In addition to assisting low income homeowners under the CDBG funded rehabilitation program, non-low income homeowners (single family and duplex) will be assisted with up to $50,000 of funds from the sale of City owned residential properties located outside of the Sheffield Neighborhood. Staff, with concurrence of the City Council, is authorized to grant loans with 2% interest and terms of up to 10 years to owner occupants of duplexes and single family homes in the Sheffield Neighborhood to enable them to complete interior and or exterior improvements to their properties. Preference is to be given to properties immediately adjacent to the "Target Block" area. Loans of up to $5,000 are authorized with those over $2,000 to be secured by mortgage against the property and those under $2,000 secured by a promissory note. SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 14 (3) In regard to the duplex conversion to single family program in the Sheffield Neighborhood the following, in addition to those guidelines approved in the FY1994 HOME Program Application, are approved: (A) Families for ownership of the renovated homes will be selected by LOTTERY with preference given to Columbia Heights residents. The price for the renovated houses will be established as the lower of the appraised value after completion of the renovations or $84,900. (c) The proceeds from the sale of converted properties is to be deposited into a duplex renovation revolving fund for acquisition and renovation of additional duplex units in the Sheffield Neighborhood. (D) The City Manager is hereby authorized to contract with Dovolis, Johnson & Ruggieri, Inc. to have them prepare the plans and specifications for the initial three duplexes to single family houses with two car garages for a fee of $2,995 each for a total cost of $8,985. Approved this 18th day of July, 1994. Motion by: Seconded by: Ruettimann Peterson Voting Aye: Jolly, Nawrocki, Sturdevant Ruettimann, Peterson, Voting Nay: None Absent: None Mayor Joseph Sturdevant ATTEST: Jo-Anne Student, Council Secretary SPECIAL COUNCIL MEETING JULY 18, 1994 PAGE 15 ® e. Sheffield Land Use and Site Design Study The City Manager suggested these issues should be discussed at a Council work session before any action is taken. They did not need to be acted upon at this meeting. Motion by Ruettimann, second by Nawrocki to table for further discussion to a Council work session. Roll call: All ayes Motion by Nawrocki, second by Peterson to adjourn the Special Council Meeting at 10:10 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 11, 1994 The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items on the Consent Agenda were approved: Minutes of Previous Meeting The Council approved the minutes of the Regular City Council Meeting of June 27, 1994 as presented in writing. Block Party Request - 2118 Forest Drive The Council approved the request of Arlene Gerda of 2118 Forest Drive to barricade the east and west ends of Forest Drive from 4:00 p.m. to 8:00 p.m. on August 6, 1994 for the purpose of conducting a block party. Beer Service Reauest - Medtronic The Council approved the request of Geri Retzlaff, Medtronic Neurological Division, to serve 3.2 beer at their picnic at Sullivan Lake Park on August 26, 1994 from 12:00 noon to 5:00 p.m. Beer Service Request - Aid Association for Lutherans The Council approved the request from Pat Rosenberg, 3936 Reservoir Boulevard, Columbia Heights, to serve 3.2 beer at the Aid Association for Lutherans, Branch #2244 picnic on Tuesday, July 19, 1994. Deer Service R~quest - Class Reunion The Council ratified the Recreation Director's action in approving the request from Ms. Rosalee Veres Zipp, Grand Junction, Colorado, to serve 3.2 beer at the class reunion on Saturday, August 13, 1994 from 9:00 a.m. to 10:00 p.m. Request of Fire Chief to Attend Conference The Council authorized the attendance of the Fire Chief to attend the Fire Rescue International Conference in St. Louis, Missouri from August 27 - 31, 1994 and expenses to be paid from Fund 101-42200-3320 ($938) and Fund 101-42200-3105 ($180). REGULAR COUNCIL MEETING JULY 11, 1994 PAGE 2 SDecial Purpose Fence - Hinrichs, 4259 Arthur Street The Council approved the six and seven foot high special purpose privacy fence as proposed at 4259 Arthur Street. Special Purpose Fence - Sonnenbergo 1109 42 1/2 Avenue The Council approved the six to seven foot high special purpose stockade privacy fence at 1109/1111 42 1/2 Avenue. EauiDment Donation - Police Department The Council accepted the donation of one Motorola cellular telephone from National Compactor Rentals, Inc. to the Columbia Heights Police Department. License Applications The Council approved the license applications as listed upon payment of proper fees. Pa_vment of Bil~s The Council approved the payment of the bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Ruettimann to approve the Consent Agenda as presented. Roll call: All ayes The owner of the building at 4619 Tyler Street expressed her concerns with the behavior of occupants of the building at 4616 - 4622 Tyler Street. She was also speaking on behalf of another building owner in the neighborhood. She had spent a considerable amount of time attempting to contact the owner regarding the tenants of this building. She had no success. Her tenants are intimidated by this aggressive behavior and she anticipates they will be vacating her building in the near future. It is her position that landlords should all be held accountable for their tenants as she has and others have as well. She suggested the owner of this particular building does not use a dependable screening process for potential tenants. She also noted the building does not have a valid license. The Assistant Fire Chief advised that the building has a provisional license. There have been problems with tenants and the landlords with this building for about three years. There has been difficulty in having the owners comply with code requirements and in responding to calls from staff. REGULAR COUNCIL MEETING JULY 11, 1994 ?AGE 3 AUgUSt 3, 1994 is the deadline for coming into compliance with this building. If the requested changes are not made by that date revocation proceedings start. The city Manager noted that staff and the Police Department have become aware of the problems being experienced at this address. He stated that intervention activities have started. A second concern of this landlord was the how dark the south end of the alley is after dark. She noted that other property owners have been required to light up the rear of their buildings and felt this should be required of all property owners in the area. She was advised of the process for procuring an alley light. Councilmember Nawrocki requested she receive a written response to her concerns from staff and that the City Council be copied on this. Another resident had comments regarding the Fourth of July fireworks and the foundation depth of a recently constructed building in the City. e O~DINANCES & RESOLUTIONS a. Second Reading - Ordinance No. 1290. Revisina Ordinance No. 1261 Pertainina to Flood Plain Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1290 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1261, AS AMENDED, PERTAINING TO FLOOD PLAIN The City of Columbia Heights does ordain: Section 1: That Chapter 9, Article 302.2 of Ordinance No. 1261, City Code of 1977, shall hereafter be amended to read as follows: 9.302.2 GENERAL PROVISION REGULAR COUNCIL MEETING JULY 11, 1994 PAGE 4 Establishment of Official Zoning Map: The Official Zoning Map together with that certain Letter of Map RevisiQn dated February 16. 1993 and all materials attached thereto is hereby adopted by reference and declared to be part of this Ordinance. The attached material shall include the Flood Insurance Study for the City prepared by the Federal Insurance Administration dated March, 1978, and the Flood boundary and Floodway Map and Flood Insurance Map dated September 19, 1978 therein. The official Zoning Map shall be on file in the Office of the City Clerk and the Zoning Administrator. Section 2: That Chapter 9, Article 311.13 o~ Ordinance No. 1261, City Code of 1977, shall hereafter be amended to read as follows: 9.311.13 NON-CONFORMING USES The cost of any structural alterations to any non-conforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed siDce the adoption of the community's initial flood plain controls must be calculated into today's current costs which will include all costs of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 9.304.0 or 9.305.0 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 27, 1994 July 11, 1994 July 11, 1994 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary IREGULAR COUNCIL MEETING !JULY 11, 1994 !PAGE 5 ~QMMUNICATIONS a. Conditional Use Permit/Site Plan Approval - Moe Kia. 4946 ¢gntral Avenue The City Manager advised that no copy of a valid purchase agreement for this property has been received by the City. He recommended the matter be tabled. Councilmember Jolly felt the information on this matter was rather sketchy and suggested more information should be gotten. Councilmember Nawrocki agreed and felt better information should be available regarding the site plan, screening plans and maintenance. Motion by Ruettimann, second by Peterson to table this matter for additional information. Roll call: All ayes b. Conditional Use Permit/Variances/Site Plan - Super America. 5000 Central Avenue Representatives of Super America reviewed their plans for the project on 50th and Central Avenues. Motion by Ruettimann, second by Peterson to approve the request of Super America for a conditional use permit to operate a motor fuel station and convenience store at 5000 Central Avenue. Roll call: All ayes Motion by Ruettimann, second by Peterson to approve the variance of 9'6" to the rear setback. Roll call: All ayes Motion by Ruettimann, second by Peterson to approve the variance of ten feet additional landscaping by the Central Avenue right of way area. Roll call: All ayes Motion by Ruettimann, second by Peterson to approve the variance to allow the dumpster robe located inside the front wall line of the building. Roll call: All ayes The legal counsel for the Super America Corporation complimented the Building Inspector and staff for their cooperation and assistance on this project. He also noted the City's efforts with the Southern Anoka County Consortium, which he co-chairs, were very significant. REGULAR COUNCIL MEETING JULY 11, 1994 PAGE 6 c. ~stablish Hearina Date for Revocation/Suspension of ~ ~icense at 94~ 42nd Avenue Motion by Ruettimann, second by Nawrocki to establish a hearing date of July 25, 1994, for revocation or suspension of a license to operate a rental unit(s) within the City of Columbia Heights against Mr. James Egge regarding rental property at 943 42nd Avenue N.E. Roll call: All ayes Some discussion followed regarding the possibility of setting a revocation hearing date for two buildings addressed earlier in the meeting which are in violation of City codes. 8. OLD BUSINESS a. ~atus of Condemned Structures Councilmember Jolly inquired as to the status of some buildings in the City which have been condemned. The City Manager responded that quotes are still being obtained on one of them and the City is dealing with mortgage companies on the others. b. USe of MCDA Loan Funds Regarding two buildings which had been discussed earlier in the meeting, it was stated the owners had been seeking MCDA loan funds to make the necessary repairs. It was explained that while these buildings are located in Columbia Heights, the owners may be using Minneapolis property to obtain the loans. Councilmember Ruettimann requested staff to follow up on this matter. 9. NEW BUSINESS a. Animal Control Contract Motion by Peterson, second by Jolly to authorize the Mayor and City Manager to enter into a contract for animal control services with the Greater Anoka County Humane Society for the period of August 1, 1994 through July 31, 1995, at the rates proposed in their letter and contract sent to the City June 21, 1994. Roll call: All ayes REGULAR COUNCIL MEETING JULY 11, 1994 PAGE 7 b. Authorization to Purchase Replacement Loader Motion by Jolly, second by Peterson to authorize the purchase of a 1994 Case 621BXT front end loader from St. Joseph Equipment of Shakopee, Mn., the lowest qualified bidder for $71,200 and sales tax of $3,916 from the Capital Equipment Replacement Fund; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes c. Authorization to Seek Bids to Reroof Pump Station #3 The pump station is located on Chatham Road. The roof is the original roof and the building was constructed in 1966. There is $15,000 budgeted for this item. Councilmember Nawrocki questioned the need for a roof in that there have been no problems experienced. Councilmember Jolly advised this building housed his office when he was a City employee. He recalled there were some problems experienced with the roof. He felt a leak could develop at almost any time which could cause some serious problems for the equipment in the building. Motion by Nawrocki to table this matter to the next City Council Meeting for further information. Motion dies for lack of a second. Motion by Jolly, second by Peterson to authorize staff to seek bids to reroof Pump Station #3. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay Councilmember Jolly requested staff to pursue alternatives to this reroofing and get associated costs for same. a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: Consultant for Sheffield Project: Councilmember Nawrocki inquired as to the status of the consultant for the Sheffield Project. The City Manager responded the consultant is finalizing his report and he will be attending the Sheffield Hearing on July 18th. The City Manager has also given information to both of the local newspapers regarding this hearing. REGULAR COUNCIL MEETING JULY 11, 1994 PAGE 8 Volleyball Court at Mathaire Park: Councilmember Ruettimann inquired if the volleyball court at Mathaire Park was a City project. The Public Works Director responded it was dug by City crews but the City will not be maintaining it. Shef$ield Buildings: Councilmember Ruettimann requested a status report on the disposition of the buildings in the Sheffield area which are to be moved. The City Manager advised there is a pre-construction meeting scheduled for July 12th. The utilities to all fifteen buildings are in the process of being disconnected. While the buildings are being moved, the contractor plans to demolish the garages. 52nd Avenue Floodway: Councilmember Nawrocki inquired as to the progress of the landscaping plans for the affected area relative to the 52nd Avenue Floodway situation. The Public Works Director is currently working with a landscape architect. Cigarette Marketing/Merchandising: Councilmember Nawrocki was advised this campaign is being considered for one of the City's liquor stores. He stated he will not support any promotion of cigarettes. Car Stereo Ordinance: Councilmember Nawrocki felt an ordinance which would address loud and booming car stereos could have some merit. Staff will pursue additional information. b. ~gport o~.....the City Attorney The City Attorney had nothing to report at this time. He advised that an Executive Session had been requested. Motion by Peterson, second by Ruettimann to close the Regular Council Meeting of tonight, July 11, 1994 at 8:45 p.m. and move to an Executive Session for the sole purpose of discussing pending litigation of F. Viveanne Farmer versus the City of Columbia Heights, and that Jo-Anne Student be appointed to keep a written record thereof. Roll call; All ayes Motion by Peterson, second by Ruettimann to reconvene the regularly scheduled open meetng of the Columbia Heights City Council on July 11, 1994 at 9:06 p.m. having been in Executive Session to discuss the sole issue of the pending litigation of F. Viveanne Farmer versus the City of Columbia Heights, a written record being kept by Jo-Anne Student. Roll call: All ayes REGULAR COUNCIL MEETING JI3LY 11, 1994 PAGE 9 ADJOURNMENT Motion by Nawrocki, second by Ruettimann to adjourn the Council Meeting at 9:10 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary TO: FROM: SUBJECT: DATE: ~'~ity Manager Hentges HRA Director Schneider Jo-Anne Student~ Error in Council'Meeting Minutes July 14, 1994 There was an error in the minutes of the June 13th Council Meeting regarding a lot reconfiguration on 38th Avenue. The error listed "70" as a measurement rather than "58.4." I will include this correction for the July 25th Council Meeting agenda. CORRECTION: Regular Council Meeting June 13, 1994 Lot Confiauration on 500 Block of 38th Avenue Motion should read as follows: Motion by Nawrocki, second by Ruettimann to authorize staff to proceed with actions necessary to complete the lotsplits and combinations (and easement cancellations and variances as necessary) so as to (after formal City Planning and Zoning Commission and City Council approval) create two new 58.3 feet x 123 feet parcels and one 58.4 x 123 feet parcel from the splits and combinations to Lots 9, 10, 11, 12, and 13, Block 89, Columbia Heights Annex to Minneapolis (currently 564, 570, 572 and 578 38th Avenue N.E.). Roll call: All ayes (Underlined "58.4" is the correct figure in the motion) CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 MayorI Jo~eph Stlurdevant Councilmembers Donald G. Jolly Bruce G4Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick llentges **** NATIONAL NIGHT OUT PROCLAMATION **** WHEREAS: The National Town Watch Association is sponsoring a special coast-to-coast community crime prevention project on the evening of August 2, 1994 called "National Night Out"; and WHEREAS: It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime in our neighborhoods; and WHEREAS'. "National Night Out" provides an opportunity for Columbia Heights to join together with thousands of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHEREAS: Neighborhood spirit and cooperation is the theme of the "National Night Out" project and is also the key ingredient in helping the Columbia Heights Police Department fight crime NOW, THEREFORE, I, Joseph Sturdevant, Mayor of the City of Columbia Heights, do hereby call upon all the citizens of our community to join the Columbia Heights Police Department in supporting and participating in "National Night Out" on Tuesday, August 2, 1994. FURTHER, LET IT BE RESOLVED, that I hereby proclaim Tuesday, August 2, 1994 as "NATIONAL NIGHT OUT" in Columbia Heights. "SERVICE IS OUR BUSINESS" Mayor Joseph Sturdevant August 1994 EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: July 25, 1994 AGE~A SECTION: Public ORIGINATING DEPT.: CITY MANAGER Hea~ings/Ordinances & Resolutions Planning & Zoning APPROVAL ITEl: Home Occupation Ordinance BY: Kathryn Pepin1994/~ B NO,/Ordinance ,128§ ~ ~ DATE: July 20, Since April 8, 1991 a moratoriumhas existed on the enforcement and granting of Home Occupation permits. The moratorium was the result of a request for a Conditional se Permit by Mr. Terry Pease of 4600 N.E. 6th Street to conduct a home occupation f a cooling/heating balancing service from his home with employees involved that did not live at the residence. A copy of the council letter from the April 8, 1991 agenda is attached as well as the minutes from the January 8, 1991 Planning and Zoning Commission meeting where this request was also reviewed. There has been a considerable amount of inquiries from residents regarding home occupations. Staff feels it necessary that the City adopt criteria addressing home occupations as soon as possible as there is a demand for such use in the residential areas. Currently, there is very little regulating home occupations, only a definition in the Zoning Ordinance. Staff has spent extensive hours contacting other cities, researching ordinances and compiling the best of a variety of regulations including those from Fridley, Blaine and Coon Rapids. We feel that these regulations will be very helpful to Staff and fair for residents of the community. The Planning and Zoning Commission reviewed and discussed the proposed Home Occupation criteria at their meeting of April 5, 1994. The Planning and Zoning Commission unanimously recommend approval of Ordinance 1285 pertaining to the regulation of home occupations. RECOHHENDED MOTION: Move to waive the first available to the public. reading of Ordinance 1285, there being ample copies RECOMMENDED MOTION: Move to adopt the first reading of Ordinance 1285, and establish the regular council meeting of August 8, 1994 as the second reading of the Ordinance. ACTION: cca~ ORDINANCE NO. 1285 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO HOME OCCUPATIONS The City of Columbia Heights does ordain: Section 1: Section 9.103(31) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 9.103¢31) Home Oooupations: Any gainful occupation~-t-i~-~r~aii~Z is herewith amended to read as follows: 9,103(31) Home OoouDation: Any gainful occupation or profession engaged in by an occupant ~f a dwellinq unit. Such use must be clearly incidental and secondary to the principal use of the ~we%ling for residential purposes and shall not chanqe the Fesidential character Qf the dwellina or have an adverse effect on adgacent properties nor qonstitute ~ nuisance or safety hazard. Section 2: Section 9.107(3)(d) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: Home Occupations subject-~o-~n-~k-renewa~-~n~ is herewith amended to read as follows: Home Occupations, subject to the reuuirements: followin~ 1. The home occupation ~s clearly incidental and secondary to the residential use of the property and does not change the character thereof. 2. ODly members of the ~mmediate family residinq on the premises ~hall be en~a~ed in such home occupation. 3. No outside storage of products, materials, or equipment connected with the home occupation is permitted. 4. The home occupation must be conducted entirely within the principal building. The entrance to the space denoted to the home occupation shall be within the dwellina. 5. No interior or exterior alterations and no construction features shall be permitted which are not customarily found in a dwelling. 6. The home occupation shall meet all applicable building codes as well as any other applicable City, ~ederal regulations. fire and State or 7. At no t~me shall the home occupation generate traffic or parking that exceeds the type and level which typically service single family residences as regulated under 9.116 of the Zoning Ordinance Parking requirements. Such traffic and parking shall not constitute a nuisance or safety hazard. No such parking facilities shall be provided within any recruired front or side yard. except upon an established blacktop or concrete driveway. 8. Signage pertaining to the home occupation will be allowed on the premises not to exceed one square foot and provided it be attached flat to the wall of the structure and not be illuminated. 9. Specific activities prohibited in residential zonina districts: A. The repair, whether for consideration or not, of motor vehicles which are not registered to a resident of the dwelling on the property where the repair is made or to a member of the ~mmediate family. B. Massage establishments, including those for therapeutic massage and acupuncture, or escort services. C. Retail sales. D. Manufacturing operations. E. Animal hospitals, veterinary services, kennels, animal grooming services or animal breedina operations. Section 3: Section 9.107(2)(g) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.~07(2}(a}= -I.I. ee~-~4~~~%-~--e-~-a-~a~-~.-a-~ is herewith amended to read as follows: 9.XO?(2)(q) AnY home occupation which does not meet the specific rec~/irements for a permitted home occupation as defined in 9.107(3)(d) and to include the followinq: 1. One employee may be allowed if the applicant can satisfactorily prove unusual or unique conditions for the need o~ one employee and that this exception would not compromise the intent of this code. Prior to approval of the Conditional Use Pea-mit, it shall be found that the home occupation would not otherwise require a Conditional Use Permit and that such impact o£ the home occupation on the surroundinq neiqhborhood is no qreate~ ~han that of a home 0¢cupation without such employee that require~ a Conditional Use Permit. 2. If the home occupation is conducted in the ~araqe, the minimum ~mount of required qara~e space must be maintained as a qara~e space. 3. Conditional Use Permits for home occupations shall not run w~th the propertY, shal~ not be ~ransferable from one person to ~Dother. and are subjec~ to review if the use chanqes in scale o~ Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Date of Passage: Joseph Sturdevant, Mayor Jo-Ann Student, Council Secretary CITy COUNCIL LETTER MeetinS of: Aoril 8. 1991 JAGENDA SECTION= COmmUNICATIONS J OItlGINATXHG DEPA~.T~NT: J CI~ ~AGER j l"o.: I I 1 IITE~= Case ~910~-0S Conditional Use Pe~t I BY: ~el~ Nysaard ~ I BY= I IN0.~ ~600 N.E. 6~h St., Pease I DATE= April ~, 1991 I DATE~ I Sr. Pease il currently operat~g a heat~g/cool~g bal~c~g le~ice from ,~~ his home located l~ 4~00 N.E. ~h S~ree~. ~e iai eiven a no,ice by Chris ~ . ~ ] of Section 9.103(31) of the Zones Ordnance wh$ch ~s ~e def~on of · ~ Bome Occupa~ion and that ~e bus,ess was no~ ~ allowed use ~ · zesiden~al area. Hr. Pease appealed the Butld/nE Inspectors decision at the January 8, 1991 Board of Appeals meeting. The Board of Appeals denied Hr. Pease but reco~ended that Hr. Pease apply for a Conditional Use Per. it per Attorney / ~r. Pease's application for a Conditional Use Per, it was reviewed at the April 2nd regular meeting si the Plann/ng and Zoning Co~ission. City Attorney Gregg Woods stated that, if Hr. Pease's operation is not /n compliance with the dwi/n/rise of a home occupation as stated /n Section 9.105(31), then he vould not be eltltble for · Conditional Use Pe~tt as required by Sect/on 9.~07(2)(S) ~ order to cont~ue his operation. ( he Plann/n$ and ion£ns Co~ission voted 3 ayes to I no to approve the~ Conditional Use Permit for a home occupation at &600 N.E. 6th Street" rovided all aspects of the Zon/ng 0rd/hence perta/n/nS to home occupations are ~ compliance. ~ The Plann/nS and 2on/nS Con/ss/on is look/nS for direction from the City Council for /nterpretation of Section 9.103(31)(1) which states '~hen ensased ~n only by persons resid/nS /n the dwell/nS'. Mr. Pease employs · secretary from 8:00 a.1. to 1:00 p.i. daily and has a field Ban who stops /n occasionally. He feels that he Beets the criteria because it is only his bus/ness. SoBs Bembers of the Conission felt 'ensased ~n' /ncluded the secretary and the field Ban. The a/nurse of the Pla--/nS and 2on/ns Colission meet~ are attached. BOAItD OF APPEALS HINUTE$ JANUARY 8, 1991 PAGE I The special meeting of the Board of Appeals vas called to order at 7~05 p.m. by Chair, Harla~ne Szurek. Hembers present were Larson, Peterson and Szurek. Co~issioners Deering and Harkov were absent. Also present were Evelyn Nygaard (Build~ng/Zon~ng Ad~£nistrator) and ~on Kal~na (City Attorney). Public Hearing Terry Pease d/b/a Pro Control Appeal 4600 N.E. 6th Street Case ~9101-01 Columbia Heights, ~n. Zoning Administrator Nygaard presented the request of Hr. Pease to appeal the cease and desist order issued by the Build~ng Inspection Department regarding the operation of a bus,ness from his home employing people living outside the residence. She ~nfor~ed the Board that on November 8, 1990, the Building Inspection Department received an anonymous complaint about a business being operated out of the residence located at 6600 N.E. 6th Street. On November 9, 1990 the Assistant Build,ns Inspector investigated the complaint. A woman answering the door at 6600 N.E. 6th Street ~ndicated that she worked for Pro Control, Inc., a heating/cooling balancing service operated by Hr. Pease. Ns. Nygaard stated that under Section 9.103(31) of the Zoning Ordinance, the definition for a home occupation listed the following as requirements for any ga£nful occupation: 1. ~hen engaged ~n only by persons residing in the dwelling; 2. ~hen it does not require additional parking~ $. ~hen evidence of the occupation As not visible from the street~ 6. ~hen the principal structure becomes the base of operation for that occupation~ and 5. ~hen not involving the retail sales on the sate of products produced off the site. Hr. Pease was present to state he has lived in his home s~nce 1976. He began has sen business in 1987 using his hoes as the base of operatAon. He employs a secretary from 8=00 a.m. to 1~00 p.s. daily who parks in his sarage. He also employs one person who works in the field. Hr. Pease presented a petAtion from resAdents within a ~00 foot area of his home who agreed that his business does not create any undue disturbances in the neighborhood. The petition was accepted by Chairperson Szurek indicating that 26 addresses with signatures appeared on the petition. BOARD OF APPEALS . HINUTES JANUARY 8, 1991 PAGE 2 ' Commissioner Larson felt that the intent of the home occupation definition was to provide Staf£ with some guidelines. Be stated that as the economy becomes more difficult, more home occupations will result. The City should be prepared to take a new look at ways to control home occupations without causing further hardship to the resident. Attorney Kalina stated that Er. Pease would be required to obtain a Conditional Use Permit to operate a home occupation as specified under Section 9.108(2)(a) referencing Section 9.107(2)Cg) which states 'All home occupations require a Conditional Use Permit and are subject to an annual renewal and reapplication if it has changed in scale or character'. Be felt the Board should deny the appeal as no Conditional Use Permit had been requested. Discussion was held. It was the consensus of the Board that Staff should obtain information from other communities regarding Special Use Permits/Home Occupations for their review at the next meeting for possible consideration of amending the requirements and guidelines for a Home Occupation in Columbia Heights. Hotion by Larson. seconded by Peterson. to deny the appeal request of Terry Pease d/b/a Pro Control at 4600 N.E. 6th Street and that Er. Pease make application for a Conditional Use Permit with the understanding that he be allowed to continue his operation until approval is formally granted. Call: Ail Ayes. Hotion by Peterson. seconded by Larson, to adjourn the Board of Appeals at 7:30p.m. Roll Call: All Ayes. Respectful~ submitted, Secretary to the Planning and Zoning Commission CITY COUNCIL LETTE~ Meeting of: July 25, 1994 / AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER' S AND RESOLUTIONS CITY MANAGER' S APPROVAL NO:/ 6 ITEI: OKDINANCE KELATED TO INSPECTION BY.' PAT HENTGES BY.' ~~ NO:, AND ENFORCEMENTS ~ DATE: 7-21-94 .DATE: ~-~ Atta( of tl Recel to i: rele~ unit insp, as a of t] turnl agai~ the REC( ,copi, RECO] the ] 8, 1' :hed please find proposed Ordinance No. 1291 , Pertaining to Housing Maintenance Code as ~lates to Inspection and Enforcements. This ordinance intends to clarify the authority City to inspect not only buildings, common areas, but the actual dwelling unit. ~tly, the City has received more and more inquiries by tenants as to specific authority lspect the individual dwelling units. Up to this point, there has been no objections rant to the City's ability to inspect the common areas and general exterior of buildings,. :ome tenants have specifically objected to our interior inspection of the actual dwelling . The proposed amendment essentially clarifies our authority by noting that the ~ction includes "any multiple dwelling", dwelling unit (whether it be standing alone or part of a larger complex of units). Without this clarified provision, another section re ordinance states that the City will inspect individual tenant units only upon "tenant )vet". This section intended only to address repeated violations and housing complaints 1st a certain manager or landlord, but can be assumed, in its present form, to mean that :ity has only authority to inspect dwelling unit on tenant turnover, based upon complaint. fl(ENDED MOTION: Move to waive the first reading of Ordinance No.1291 , there being ample Ds available to the public. ~ENDED MOTION: Move to schedule the second reading of Ordinance No. 1291 Pertaining to [ousing Maintenance Code as it Relates to Inspection and Enforcements for Monday, August )94, at 7:00 P.M. in the City Council Chambers. ACTION: }UL-21-19~ 1~:28 ~ROM KALINA,WILLS~OODS ~822801 P.02 ORDTH]~NCE NO. 1291 , The City of Col~bia Heights does ordain: O~!~nce' ~o 853, City C~e of 1977, which c~[ently foliows, ~O wit~ SA.: )1[1]) of reads a~ 01(1) Inspection and Enforcement section 1.' Enforcement and Inspection Authority. The City Manager and his/her designated age,ts! shall be the Building Official who shall administer a~dl enforce the provisions of the Ordinance. Inspection sh~.~lli be ~onducted during reasonable hours, and upon request!, ltheI Building Official shall present evidence of his/her off~ciall capacity to the owner, occupant, or person in charge ell a sought to be inspected. ~erewith ~ended to read, ~01(1).iInspection and Enforcement dweiling unit Section 1: Enforcement and Inspection Authority. The City Manager and his/her designated ~g~nts, as the Build~ng Official who shall a~minister ahd~ enf~orce the provi~iOns of ~is ordinance, may :~ter_ for} ~e-p~se of inSPe~ting, any multiple dwelling, dwelling ~ ~tanding alone or as a ~it in a larger c~p~ex Of ~its), or premises, upon twenty-four (24) hO~S no=l~e .to ~he o~er, oo~p~t, manager, or person in charge o~ ~he~ multiple dwelli~, dwelling unit, or pr~ises. In~c~iontshall conducted during reasonable ~o~s, and upon Builaing Official shall preset .vident of his~/her~ off Sc=al capacity to ~e o~er, occu~nt, or person~in ~arge of a dwelling unit sought to ~ inspected. FirSt Reading: SecOnd Rea~ing Dat~ of Pa,cage: Off~ Sec< nred by! mded by: c ii: Joseph St~rdevant, Sr., J(ay~ Jo-.~nne Student, Councll Secretary CItY COUNCIL LETTER MeetinE of: July 25, 1994 / AGENDA SECTION= PUBLIC HEARINGS/0RDINANCES ORIGINATING DEPARTMENT: CITY MANAGER' S AND RESOLUTIONS CITY MANAGER'S APPROVAL NO :/ 6 ITE~: NO .'! DATE: 7-21-94 DAT Attac s.s it prov~ to t~ 1) ~ c 2) I~C0 ltous i the RECC %he ! '?: 00 bed please find proposed Ordinance No. __PertaininE to the HousinE Maintenance Code Relates to RiEht of Appeal. The proposed ordinance modifies current code lanEuaEe that des that a landlord can appeal a compliance order written by the Inspection Department · PlanninE Commission. The new lanEuaEe requires that: ~at the landlord must file for appeal within 45 days from the date that the compliance rder is served. Thus a landlord cannot delay the compliance, or delay the revocatio~ ~arinE by appealinE the compliance order to the Board of Appeals, such as efforts of one ecent landlord. 11 hearinE notices will be Eiven in the same manner as the compliance orders; thus, there ill be consistency in notices, postinEs, and tenant notices throuEhout the compliance rocess, appeals hearinE, and revocation/suspension hearinE before the City Council. inally, the last portion of the amendments deal with clarifyinE the appeals hearinE and .ow it will be conducted before the PlanninE Commission, by usinE the buildinE code .rocedures. ~ENDED MOTION: Move to waive the first readin§ of Ordinance No. , Pertainin§ to the .nE Maintenance Code ReEardinE RiEht of Appeal of Monday, AuEust 8, 1994, at 7:00 P.M. in :ity Council Chambers. ~ENDED MOTION: Move to schedule the second readinE of Ordinance No. , PertaininE to [ousinE Maintenance Code as it Relates to RiEht of Appeal for Monday, AuEust 8, 1994, at P.M. in the City Council Chambers. ACTION: ORDINANCE NO. BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: SECTION 1: Chapter 5A, Article III, Section 5, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows to wit: Section 5: Right of Appeal 5A.305 (!) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the~ Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in ~ 6.202(1) . is herewith amended to read, Section 5: Right of Appeal 5A.305 (1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in 5A.306. 3ECTION 2: Chapter 5A, Article III, Section 6, of Ordinance No. 853, City Code of 1977, as .amended, which currently reads as follows to wit: ~ection 6: ~A.306 (1) Board of Appeals Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, Internation conference of Building Officials. is herewith amended to read, Section 6: Board of Appeals ~A.306(1) The Plainning and Zoning Com~isison shall be the EXHIBIT A SECTION 3: Board of Appeals. Ail appeals shall be filed within 45 from the date of service of Complinace Order pursuant to 5A.303(1), and upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sections 1201 - 1305, Uniform Housing Code, 1985 edition, International Conference of Building Officials, except as herein modified. Failure of any person to file an appeal in accordance with 5A.306(1) shall constitute a waiver of his/her right to an administrative hearing and adjudication of the notice and order or to any portion thereof. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Mayor Jo-Anne Student, Council Secretary CZ~r coot~CIL Meeting of: July 25, 1994 / AGE~DA SECTION= PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER' S NO:/ 6 AND RESOLUTIONS CITY ~NAGER' S APPROVAL / ITE~: ORDINANCE RELATED TO PENALTIES FOR BY: PAT HENTGES BY: ~; ! VIOLATIONS OF HOUSING~ODF~_ DATE~ 7-21-94 DATE: The I ]?ena~ p roy: post~ of s~ prio~ ~:he ]~CO: copi~ RECO] ~-he I 1994 ~roposed Ordinance No. 1276, Pertaining to the Housing Maintenance Code as it Relates to .ties for Violations as a result of resolving the Judicare lawsuit. Essentially, this .sion provides that the City will not cite an occupant of a dwelling unit or property ~d for violations until such time there has been an opportunity for a hearing or a waiver ~id hearing pursuant to provisions of the Ordinance. Thus, during the appeal period or. ~ to the revocation period, the City will not threaten the tenants of ticketing because .andlord does not have a rental license or has not complied with the ordinance. ~ENDED MOTION: Move to waive the first reading of Ordinance No. ]276, there being ample available to the public. ~{ENDED MOTION: Move to schedule the second reading of Ordinance No. 1276, Pertaining to lousing Maintenance Code as it Relates to Penalties for Violations for Monday, August 8, at 7:00 P.M. in the City Council Chambers. ACTION: ORDINANCE NO. 1276 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO PENALTIES FOR VIOLATION OF THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: SECTION 1: Chapter 5A, Article VI, Section 1, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 5A.601 No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (§5A.201, et. seq.), maintenance standard. is herewith amended to read, 5A.601 No person, firm, corporation, 'or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (§5A.201, et. seq.), maintenance standard. No person shall be charged under this section, until such time as there has been an opportunity for a hearing or a waiver of said hearing pursuant to Sections 5A.305(1) and 5A.306(1). SECTION 2: Chapter 5A, Article VI, Section 9, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 5A.609 No person may occupy a dwelling or property posted pursuant §5A.304. is herewith amended to read, 5A.609 No person may occupy a dwelling or property posted pursuant §5A.304. No person shall be charged under this section, until such time as there has been an opportunity for a hearing or a waiver of said hearing pursuant to Sections 5A. 305(1) and 5A.306(1). SECTION 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. EXHIBIT B First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: · ., Mayor Jo-Anne Student, Council Secretary CITY CODNClL LETTE~ Meeting of.' July 25, 1994 ! AGE~DA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER' S AND RESOLUTIONS CITY MANAGER' S APPROVAL NO:/ 6 ITEl: NO:! AND POSTING TO PREVENT OCCUPANCY ~ ~ DATE: 7-21-94 DATE.~J~--~i'-~ The i)roposed Ordinance modifies the City's current language that describes the compliance ordeU process, posting procedures, and suspension/revocation process. The new language :requires that: 1) ~he tenant(s) also be served, sent or noticed through posting a copy of the compliance 9rder. - 12) ~he current occupants will have approximately 60 days to vacant the posted property unless ~here is eminent danger. ~t the revocation or suspension hearing, the tenants or occupants will be given an 13) ~pportunity to be heard before the City Council. In the past, the Council has expressed concern about the City's ability to provide notice to each and every occupant. Essentially, we are prescribing by these notices by personal deli,~ery and with posting. RECO copi RECO the Occu ~MENDED MOTION: Move to waive the first reading of Ordinance No. 1275, there being ample available to the public. ~ENDED MOTION: Move to schedule the second reading of Ordinance No. 1275, Pertaining to Housing Maintenance Code as it Relates to the Compliance Order and PostinE to Prevent )ancy to Monday, August 8, 1994, in the City Council Chambers. )UNCIL ACTION: ORDINANCE NO. 1275 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: SECTION 1: Chapter 5A, Article III, Section 3, of Ordinance No. 853, city Code of 1977, as amended, which currently reads as follows to wit: Section 3: COMPLIANCE ORDER 5A. 3O3 (1) Whenever the Building Official determines that any dwelling, dwelling unit or premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator or agent to correct such violations. The compliance order shall: (a) Be in writing; (b) Describe the location and nature of the violations of this Code; (c) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to .whom the notice is directed of the right to appeal; and (d) Be served upon the owner or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (i) Served upon him/her personally, (ii) Sent by certified mail return receipt requested to his/her last known address, or (iii) Upon failure to effect notice through (i) and (ii) as set out in this section, posted at conspicuous place in or about the dwelling which is affected by the notice. is herewith amended to read, EXHIBIT C Section 3: SA. 303 (1) COMPLIANCE ORDER Wheneve~r the Building Official determines that any dwelling, dwelling unit or premises surrounding any of these, fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator or agent to correct such violations. The compliance order shall: (a) Be in writing; (b) Describe the location and nature of the violations of this Code; (c) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right to appeal; and (d) Be served upon the owner or his/her agent, as the case may require and upon the tenant(s) of the affected dwelling or dwelling units. Such notice shall be deemed to be properly served upon such owner or agent, if a copy thereof is: (i) Served upon him/her personally, (ii) Sent by certified mail return receipt requested to his/her last known address, or (iii) Upon failure to effect notice ~hrough (i) and (ii) as set out in this section, posted at conspicuous place in or about the dwelling which is affected by the notice. SECTION 2: Section 4: 5A. 304 (1) Chapter 5A, Article III, Section 4, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Posting to Prevent Occupancy The Building Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any 2 owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Building official or his representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. is herewith amended to read, ~ection 4: Posting to Prevent Occupancy SA. 304 (1) The Building Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified, by inspection report, of the items which must be corrected within a certain stated period of time, and that the corrections have not been made. Upon the posting of any dwelling or dwelling unit(s), the tenant or occupant of said dwelling or dwelling unit(s) shall be given notice of the posting. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safe%y of the occupants. No person, other than the Building Official or his representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. ~ECTION 3: Chapter 5A, Article 4, Section 8, of Ordinance No. 853, as amended, which currently reads as follows, to wit: ;ection 8: Suspension or Revocation A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Revocation and suspension procedures shall be those prescribed in Chapter 5 of the City Code. is herewith amended to read, Section 8: Suspension or Revocation 5A.408 (1) A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal~ to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Revocation and suspension procedures shall be those prescribed in Chapter 5 of the city Code, additionally however, a Statement of Cause and a Notice of Public Hearing shall also be served upon each tenant or occupant of the affected dwelling or dwelling unit(s). At said public hearing the tenant(s) or occupants shall be given an opportunity to be heard by the City Council. SECTION 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Mayor Jo-Anne Student, Council Secretary Addr e s s: Owner of Premises: COMPLIANCE ORDER Date of First Inspection: Time of First Inspection: Date of Second Inspection: Time of Second Inspection: Inspection Officer: Pursuant to Chapter SA, the Housing and Maintenance Code of the City Code of Columbia Heights, an'inspections of the above premises was completed on and the following violations and/or deficiencies were noted and require corrective action: Code Section Violated 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. CODE VIOLATION SLRM>iA/RY Narrative of Violation Corrective Action EXHIBIT D page two Please be advised that the owner has forty-five (45) days to correct the violations listed above. Additionally, In order to insure prompt attention in this matter, your property will have a follow-up inspection on at . This date, however, may be subject to change, contact your landlord for further information. If the above set forth items are not correct by the date of re-inspection the following will occur: a) The landlord will receive a final Compliance Order pursuant to Section 5A.303(1) of the Columbia Heights City Code, b) The property in question will be posted to prevent occupancy, pursuant to Section 5A.304(1) of the Columbia Heights city Code, c) If all the violations are not corrected the landlord will be assessed a re-inspection fee in the amount of $ ; d) The building may be subject to further violations should any be noted upon a follow-up inspection; and e) A date and time will be set whereby the enforcement officer will petition the City Council for a Public Hearing on the revocation of your landlords rental license. Please also be advised that pursuant to Section 5A.305(1) of the City Code anyone to whom a Compliance Order is directed may appeal the findings of the inspections officer. Tenants who receive a Compliance Order regarding their residence have the right to appeal. Ail appeals shall be filed within fortY-five days from the date of service of this Compliance Order or the right to appeal shall be deemed waived. For further assistance please contact the Enforcement ~fficer at the following number . Signature of Enforcement Officer Date: To: Address: Dear Sir/Madam: Our records indicate that you have filed a notice of appeal, regarding a Compliance Order issued to (address) and dated ~date) . Please be advised that your hearing before the Board of Appeals is scheduled for DAY , DATE , at TIME . At the hearing each party (i.e. the City of Columbia Heights and yourself) has certain rights and privileges afforded them. First, you have the right to be represented by an attorney if you so desire. Secondly, you have the right to bring witnesses and take their testimony. Further, you may introduce documentary and physical evidence to support you claim. You may also cross-examine any witnesses or documentary evidence produced by the City of Columbia Heights. Please refer to Section 5A.306(1) of the City Code for a more detailed explanation of your rights and privileges. If you have any questions please contact the Building Department at 782-2800. Yours very truly, Evelyn Nygaard Building/Zoning Administrator EXHIBIT E CITY COUNCIL LETTER Meeting of: July 25, 1994 I AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: ! INO 7 CITY MANAGER'S IT M: BLOCK PARTY REQUEST: Bruce Magnuson, BY: PAT HENTGES 5010 Pennine Pass '-'7 ~ DATE: 7-19-94 CITY MANAGER' S APPRr9~ ! Attached is a letter from Bruce Magnuson, 5010 Pennine Pass, with his request to conduct a bloqk party on Saturday, August 13, 1994, from 3:00 PM - 7:00 PM, with barricades blocking off the/Chalet Drive between Stinson Boulevard and Pennine Pass. RECQMMENDED MOTION: Move to approve request of Bruce Magnuson, 5010 Pennine Pass, to block off~halet Drive between Stinson Boulevard and Pennine Pass for their annual block party from 3 P~ to 7 PM on August 13, 1994. (:OUNCIL ACTION: 6125741252 07/18/94 14122 ~ ~t2 574 1252 IPC PRINTING "'--' 'lYour FUI,I., $1:'.RVICt.: (~uii,'k Prin~er'' Pat Hentges City Manager Ctty of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Dear Pat, JUL 18 1994 MANAGER CITY OF COLU;~dBI,,, HEIGHTS I am writing this letter to request permission to block off Chalet Drive between Stinson Boulevard and Pennine Pass for our annual Block Party. This block party will be on Saturday August 13, 1994 from 3:00 p,m, to 7;00 p.m. If you have any questions, please feel free to call me. My number at work is 574-1231 and my home number is 571-7284. Thank you for your cooperation. Sincerely, Bruce Magnuson t~ 7~,L ........ ~~-~. ~. Pat Hentges City Manager City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Dear Pat, Drive k,--:-,~;r-,,- c'+; !3, 1994 fr .... ~ ~:uu r' 'Thank you for your Sincerely, CITY COUNCIL LETTER Meeting of: July 25, 1994 AGE~DA SECTION: COMMUNICATIONS NO:/ 7 ITE~: EARLY CHILDHOOD SPECIAL EDUCATION ! PROGRAM NO:/ 7 B e advised that the Columbia Heights School Dis relo, Heig] acti' to tl furt] Ro s z, ORIGINATING DEPARTMENT: CITY MANAGER'S BY: PAT HENTGES DATE: 7-22-94 CITY MANAGER' S APPROVAL trict has approached the City regarding the :ation of the Early Childhood Special Education Program to lease space at the Columbia Its Mall, 4001 Central Avenue. There are two fundamental issues with the location of the ~ity in lease space at the mall. A summary of the issues and the city's initial answer %e school district and the school district's response is summarized as follows. (For ~er discussion, see Mark Gilbert's [Assistant City Attorney] and Jay Squires' [of Ratwick, ~k, Bergstrom & Maloney, P.A.] memorandums heretofore attached): Issu~ 1): Does the City of Columbia Heights liquor licensing ordinances prohibit locating this activity within 300 feet of an establishment that sells beer or other ~sw The~ loca even base intoxicating beverages? ~r: %ssistant City Attorney states that the liquor licensing ordinance does not prohibit the ~ion of the school activity, but the City may face some future liability exposure in the a future application for a license by the BoxSeat Sports Bar is jeopardized or denied upon the proposed location of the school activity. The ~chool district's attorney came to a similar conclusion, but also points out to city officials that the specific language states: "...Is within 300 feet of a school building (emphasis added)". The emphasis here is that the space is not a building but an activity of the ~istrict (early childhood/special education/family services program). Iss~ 2): Does the zoning requirements/restrictions prohibit locating this activity in the area proposed? Anser: The~ssistant City Attorney indicates yes, unless the proposed business can be defined as a permitted principal use in a "CBD" District or it is a use allowed by a conditional use permit; it is not allowed by the ordinance. The proposed ordinance would need to be amended to allow a proposed use. The school district's attorney cites a number of cases or circumstances under which governmental entities need to balance their interest to serve the best interests of the public. The attorney goes on to identify a number of factors to be considered in balancing interests. I request that the City Council carefully review both opinions because of the time constraints associated with this proposal. Consideration by the City Council would have to be made within the inext few weeks. RECC fas~ func use; fut~ eMENDED MOTION: I have requested that the City Attorney carefully weigh both opinions and ion a motion that essentially finds that the proposed use is essential governmental tion; and accordingly the provisions of the zoning ordinance do not restrict the proposed and that the proposed use is not a school building, and thereby alleviates City from re problems with the BoxSeat premises. iOUNCIL ACTION: DATE: TO: FROM: RE: Greggory J. Woods COLUMBIA HEIGHTS CITY ATTORNEY 941 Hillwind Rd. N.E. Minneapolis, MN 55432 (612) 572-3471 (612) 571-2418 (Fax) MEMO July 13, 1994 Columbia Heights City Manager Pat Hentges and Columbia Heights Planning and Zoning Committee. Mark E. Gilbert, Assistant Columbia Heights, MN City Attorney. Early Childhood Special Education Program. This memo is in response to the City's request for a description of the above program together with an opinion of the ramifications/problems associated with City approval of such program as proposed. DESCRIPTION OF PROGRAM This particular program is designed to serve 18 children ages three to six. Nine attend in the morning from 9 to 11:30. Nine attend in the afternoon from 12:30 to 3:00. Most of the children involved are mildly disabled. There will be one teacher, one speech clinician, a part time occupational therapist and two program assistants. Activities at the school are much like a typical preschool except that there are no outdoor activities. For the most part, parents will attend with their children. This school is governed by the Columbia Heights School District. (See attached letter for further information. Also, if there are further specific questions regarding the program, please call program coordinator Karen Schwab at 571-6000). SHORT ANSWERS ISSUE #1: DO CCH liquor licensing ordinances prohibit locating this business within 300 feet of an establishment that sells beer or other intoxicating beverages? ANSWER: No. "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER ISSUE #2: ANSWER: Do zoning requirements/restrictions prohibit locating this business in the area proposed? Yes. Unless the proposed business can be defined as a permitted principal use in a "CBD" district or it is a use allowed by conditional use permit, it is not allowed by the ordinances. The ordinance would need to be amended to allow the use proposed. DISCUSSION OF ISSUES Commercial Licensing (ordinances Chapter 5, 5.501(5) (g)) and 5.503(10): The above ordinances are intended to apply to those persons seeking a license to sell alcoholic beverages in the City. This ordinance is not specifically intended to limit the potential locations of a school. Rather, it is the potential locations of establishments selling alcoholic beverages that are limited. The concern that a future application for license by the Box Seat Sports Bar may be jeopardized is addressed by the ordinances. Since Box Seat's application had been previously approved when no school was present, the ordinance does not mandate that their future applications be denied based on the proposed location of the school. However, a different issue is presented if the Box Seat were to be sold. A new owner planning to sell alcohol would need to apply for a license. The location of the school may prevent approval of that license by the City. Whether this type situation would expose the City to liability or not from the current owner of the Box Seat is a debatable question. Box Seat might argue that the City is damaging them by allowing the school because the location of the school may make it impossible for a future owner to obtain a liquor license. Box Seat may therefore claim damage because the location of the school limits Box Seat's ability to be sold. The City's position would be that they certainly do not guarantee for the indefinite future that a particular parcel can always be used for a particular business. Condemnations, re- zoning, etc. show this to be true. If the City's concern regarding future liability is great enough, perhaps an agreement can be reached with the Box Seat so that the Box Seat can never pursue the City on this issue. A covenant not to sue might be obtained from them in which they agree not to sue the City in the future with regard to the City's involvement in allowing the location of the school. Another solution would be for the City to recognize the proposed use as something other than a traditional school so that the issue need not be reached in the future. In conclusion, the ordinances regarding commercial licensing do not speak to, nor do they prevent, the locating of the proposed school within 300 feet of the Box Seat Sports Bar. II. "CBD" Business District (ordinance section 12, 9.112(1)): The area in question is zoned "CBD". Permitted types of businesses allowed in the "CBD" district are listed specifically at 9.112(1). No type of school is listed as a permitted principal use in this district. Therefore, at the present time, absent an ordinance amendment, the proposed school is not allowed. However, certain uses are permitted in a "CBD" district by way of conditional use permit. These are listed at 9.112(2). Schools are not listed. (Day care centers are specifically allowed and are the only listed use that comes close to the proposed school.) Since schools are not listed as a permitted principal use or as a use allowed by conditional use permit, they are therefore not allowed. CONCLUSION I. The liquor licensing ordinance does not prohibit the proposed location of the "school". However, if the City allows that location, the City may face some future liability exposure if the Box Seat pursues such a claim. II. The proposed use is not specifically allowed in the CBD zoning district and the proposed use is also not specifically allowed by way of conditional use permit in that district. Therefore, unless the proposed use can be defined to fit one of the uses allowed or unless the ordinances are amended, the City should not approve this proposed use. POSSIBLE SOLUTION Practically speaking, there is no quick way to remedy the problem. If the ordinance is amended, the time delay is prohibitive to the school. The time crunch faced by the school district and other proponents of the "school" is unfortunate. They should have started the wheels turning sooner. It is not practical or proper to allow preparation of the lease space for the school to be done simultaneous with the ordinance change procedure because there is no guarantee that the city counsel would even approve such amendment. If the school can somehow wait the period of time needed to amend the ordinances, then it may be appropriate to amend the ordinances as follows: Being somewhat of a hybrid school or non-traditional school in nature, the ordinance could be amended to narrowly and specifically allow this type school as a permitted use in this zoning district. Define "school" in the ordinance so that a traditional school like a grade school or high school is specifically disallowed in a CBD zoned district. This would prevent the ordinance from being diluted to the point where certain uses are allowed even though those uses do not "fit" in the CBD district and were never meant to be allowed in a CBD district. Please feel free to call if you have any questions. Sincerely, KALINA, WILLS, WOODS, GISVOLD & CLARK Mark E. Gilbert Attorney at Law MEG/hmr Enclosure cc: Greggory J. Woods Columbia Heights Public Schools Independent School District 813, 1400 49t.h Avenue N.E., Columbia Heights, Mirme$ota 55421 Telephone: (612) 574~505, FAX: (6~L2) 574-6541 Dr. Alain Holt, Superintendent MEMO DATE: TO' June 28, 1994 Patrick Fischer, Wolfpack Properties FROM: INRE: Margaret Hock Director of Special Services Description of Early Childhood Special Education Program This memo is in response to your request for a description of the Early Chfldhood Special Educat/on [ECSE) Program. This program would occupy the T-7 (smaller) space of your properVy, %he program serves approximately eighteen children ages daree to six. Not gU eighteen are tn attend~-nce at the same time. however. Typically nine attend in the morning and ntne tn r, he akernoon, The program runs Monday through Friday and follows the school district c-a.lendar iattached). The morning session runs 9 to 11:30 and the afternoon ses- sion iron', 12:30 to 3:00, Since our lease would extend across the sum- mcr monks, we would anticipate making use of the space for extended year programming which would look very much like the regular school year. The children involved are mildly disabled. c1Lnc~an, a Program staff include one ECSE teacher, one speech .~-,. · part- time occupational theraDst and two program assis'~ants. We are antici- pating the addition of a public he~th rr, zrse to check periodically and be on call Program activities are much l~e a typical pre-school except that no outside/playground activities take place. Most of tine children are bused to the program or are brought by a ?arent/gu~dian. T~Xce a year the staff meet with the parents/guarcimns of all the children in separate meetings (called IEP's and Pe,-lodic Re,-.'ews). Other profes- sionals and concerned persons attend these meetings to plan and evalu- ate each child's special program. A team mee*~',g ~rpically consists of about ten people. The children are not in a.:%endance during the rnee~ngs. An Equsl Opportunity Employer Parmc~ Fischer Page 2 In the fmll and spring for about three weeks total as needed the staff do assessmentm of individual children to determine eligibili~ for services. The rest of the children are not in attendance durimg the assessment period. In addition to the ECSE program and dependtng on "negotiations" with county personnel, we may wish to comduct some of our pre-school screenings at the site. Early childhood screening is mandated by the state. We have a gramt with Anoka County to conduct some of our screening collaboratively, The sites amd dates have not yet been final- ized. Basically it would involve a couple of days, evenings and Saturdays where parents bring their child(ren) for screening of health and develop- mental progress. It takes about one half hour for a child to go through the various procedures amd approximately ten children and their parents are going through the screening at amy one time. If it works out that the screening could be held at this site, it would bring some business to the mall, I would think. I hope that I have provided enough information to give you a feel for what the program looks like. If you need more information or have ques- t_tons, feel free to call me at 574-6502 or 571-6000. Thanks. Eric. MI-I/BS 'IAFh'~t~is Early Childhood Family Education? EaIly Childhood Family Education (ECFE) is a program for ali Minnesota families with children beWveen the ages of birth and kindergarten enrollment. It recognizes that families provide chil- dren's first and most important learning environments and parents are children's first and most significant teachers. It is the mission of Early Childhood Family Education to strengthen fami- lies and support the ability of all parents to provide the best possible environment for the healthy growth and development of their children. ;ho participates in Early Childhood Family Education? ants and children participate together, Participation by families is voluntary and services offered free or for a nominal fee. Fees are waived for families unable to pay. Eady Idhood Family Education is committed to universal access for all families. Availability of the ram to ail families avoids the potential segregation, stigma, and labeling associated with ted programs. All parents can benefit from support and information, especially dudng the years of parenting. RE wi~ tie al ou cognizing that families have different needs, programs offer special sessions for families :h specific concerns such as single parents, teen parents, parents of children with disabili- s, employed parents and others. It is the goal cf Early Childhood Family Education to serve 'epresentative cross-section of families with young children. This frequently requires special treach and program delivery strategies. 0ehat happens in Early Childhood Family Education? Columbia Heights District #13 Early Childhood Family Education program is designed to et the needs of families in our community, Our program includes the following components children and parents: · Parent discussion groups ,Play and learning activities for children · Parent/child activities · Special events for the entire family · Home visits · Early screening for children's health and developmental problems · information on other community resources for families and young children · Libraries of books, toys and other learning materials ,Transportation rogram activities are provided by licensed pa. rent educators and early childhood teachers. programs can be held in school buildings, shopping centers, apartment buildings, home- shelters, churches and other community sites. Our program works closely with education, and human service agencies to assist parents and chitdren in obtaining other needed - We serve 250 families per week. RATWlK, ROSZAK, BERGSTROM & MALONEY, P.A. Paul C, Ratwik John' M, Roszak Petei D. Bergstrom Patri¢ia A, Maloney* Terrehce J, Foy* Stephen G. Andersen** Scotf T. Anderson Kevin J. Rupp Jay T, Squires Claire C, Olson Ann R, Goering NanCy E. Blumstein Kath~yn M, Eilers Attorneys at Law 300 Peavey Building 730 Second Avenue South Minneapolis, Minnesota 55402 (612) 339-0060 Fax (612) 339-0038 Of Counsel David S. Bartel * Also admitted in Wisconsin ** Civil Trial Specialist Certified by the Minnesota State Bar Association July 19, i~4' ,. ' SENT BY FACSIMILE AND U.S. MAIL Mr. Pat Hentges City Administrator City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421-3878 Re: Columbia Heights School District's Lease of Space in Shopping Mall Our File No. 13-0046 Dear Mr. Hentges: This letter follows up our several telephone conversations this past week. I represent the Columbia Heights School District. The School District is attempting to effectuate the lease of space in the Heights Shopping Mall. The space would be used as part of the District's Early Childhood/Special Education/Family Services program. The shopping mall is located in the "CBD" zoning district. The zoning ordinance lists permitted and special uses in the CBD district. The use contemplated by the School District is not expressly referenced in the zoning ordinance, although governmental offices are a permitted use, and day care centers are a special use. The Box Seat Sports Bar is also located in the shopping mall, and is apparently within 300 feet of the proposed leased space. The intoxicating liquor license provisions in City Ordinance No. 5 state: No license shall be granted for any hotel or restaurant building, the nearest point of which measured in a straight line is within 300 feet of a school buildinq (emphasis added). By opinion dated July 13, 1994, the Columbia Heights City Attorney, Mark Gilbert, correctly opined that the zoning ordinance of the City would not, as written, allow the School District to lease space in the CBD district. He indicated an Mr. Pat Hentges Page 2 July 19, 1994 amendment to the zoning ordinance was necessary. He did not address, however, the zssue of the general application of the zoning ordinance to the contemplated use. In the same opinion, the City Attorney acknowledged that the liquor licensing language set forth above does not prohibit the lease of space mn the shopping mall by the School District. He did suggest, however, that the City should take action presently to assure that no problem is created in the future based on renewal of the Box Seat liquor license, or, alternatively, sale of the Box Seat business. You asked for my input on the above issues and my opinion on the mechanisms by which the School District's use of the leased space could occur within the existing City ordinance requirements. This is particularly important given the extreme time constraints the School District is under. The previous space for the above noted programs has been lost to other School District needs. The District must, therefore, locate and improve new space to be up and running by the beginning of September. A lease must therefore be approved, and all issues resolved, by August 1, 1994. On the zoning point, the authority of a city to regulate the affairs of a school district has been a difficult area of law. The most recent decision by the Minnesota Supreme Court, Town of Oronoco v. City of Rochester, 197 N.W.2d 426 (Minn. 1972) (copy attached), made it clear that there are circumstances under which governmental entities are exempt from the zoning ordinances of another governmental entity. Also, prior to the Oronoco case, the Minnesota Attorney General had considered the issue of application of city zoning ordinances to school districts. In that case, the Glenwood School District was considering constructing a press box that would have violated city ordinances. The Attorney General, though prior to the Oronoco case, indicated, like the Court did in Oronoco, that the interests of the school district and city should be balanced to determine whether or not the zoning ordinance should be applied. See Op. Atty. Gen. 59-a-32, June 21, 1968 (copy attached). An Attorney General's Opinion subsequent to the Oronoco case reaches a similar conclusion. In that opinion, the Roseville School District was considering using a closed school in a manner that would be inconsistent with the city zoning ordinance. Again, the Attorney General indicated that the respective interests of the school district and city should be balanced to determine whether the use would be permitted notwithstanding application of the zoning ordinance. See Op. Att. Gen. 59a-32, October 24, 1980 (copy attached). Some of the factors to be considered in balancing interests include: Whether the proposed use is a governmental as opposed to a proprietary use; Mr. Pat Hentges Page 3 July 19, 1994 o The extent of the public interest that would be served by the use; o Whether the use is for a function mandated by the State; Existing land uses and compatibility with the uses; and 5. Alternatives available to the municipality. In the present case, the proposed use is governmental. There is no question that the public interest would be served by providing adequate facilities for special education and early childhood services. Finally, locating the program on the site would be consistent with existing uses. The program is a hybrid of a governmental office/day care center type operation. Both uses are allowable uses in the CBD zoning district. As indicated in the September 25, 1969 Attorney General's Opinion, the decision to apply the City Zoning Ordinance is a simple question of fact for the City Council. In this light, the School District asks the City Council to expediently consider this matter and conclude that the Columbia Heights zoning ordinance would not apply to prevent the School District from leasing the contemplated space mn the shopping mall. For your information, and as we discussed, I believe the Anoka-Hennepin School District ECFE facilities are currently located in an old manufacturing facility on an industrially zoned parcel in Anoka. I believe Anoka concluded the servmces were of significant public importance so that they outweighed any land use concerns of the City. On the liquor license issue, the City Attorney strongly suggested that the City Council also currently address all issues so that no issues arise in the future which might give rise to damage claims. The School District also has a strong desire to assure that all matters are resolved prior to execution of a lease agreement. The City Attorney suggested that the liquor licensing ordinance might prevent the granting of a future liquor license for the Box Seat premises. This conclusion revolved on a presumption that the space to be leased by the School District would be a "school building" within the terms of the Liquor License Ordinance. The attorney suggested that to resolve this issue, the City could "recognize the proposed use as something other than a traditional school [technically under the ordinance, a school buildinq] so that the issue need not be reached in the future." It is important to note that the ordinance does not define "school building." While state law does not set forth a definition of school building, Minn. Stat. § 121.148 et seq. and Mr. Pat Hentges Page 4 July 19, 1994 Minn. Rules 3500.3900 et seq. require all school districts to submit plans for erecting or remodeling "school buildings" to the Department of Education for review. Importantly, school districts in Minnesota are not required to submit leased space plans to the Department. The Department does not define "school building" to include leased space, and such a conclusion is seemingly probative in the present case. In simple terms, the ordinance language does not prohibit licensing of liquor establishments within 300 feet of property or spaced owned, leased or otherwise used by a public school district. Instead, it prohibits licensing of liquor establishments within 300 feet of a school building. The language does not apply in the present case. To the above end, the School District asks that the proposed lease of space be expeditiously submitted to the City Council for two determinations: That the needs of the School District allow a conclusion that the zoning ordinance provisions do not restrict the proposed use; and o That the proposed use is not a "school building," thereby alleviating potential future problems with the Box Seat premises. The School District clearly agrees that the above determinations revolve around unique facts. They would not be used for precedential purposes. In other words, if a similar situation arose in the future, which would be unlikely in any event, that situation would need to be assessed on its own merits. Please review this letter so that the matter can be resolved ~romptly. I will be out of my office until August 1. If any issues arise, please contact Kevin Rupp. ~ry truly yours, 'Jay~T. Squires Enclosure cc: Dr. Alain Holt Mr. Larry Williams Mr. Patrick Fischer, Wolf Pack Properties 13/ltr7 426 was thereafter commuted to 10 years and on January 27, 1972, defendant was re- leased on parole. This appeal is from an order denying his postconviction motion to withdraw his guilty plea. Defendant con- tends that his plea was based upon mistak- en information from his attorney that the state could require defendant's wife to tes- tify concerning facts which she observed at the time of the shooting. Furthermore, defendant asserts that he m~de certain statements at a psychiatric examination which negate a factual basis for the intent to kill. Finally, defendant argues that the plea should not have been accepted when the defenses of self-defense and extreme provocation were available. Minn. 197 NORTH WESTERN REPORTER, id SERIES tion of the trial court. There was. proof of any manifest injustice which':' was necessary to correct by permitfir withdrawal of the guilty plea.~ .._~ [1] A review of the postconviction record and the facts surrounding the shoot- ing indicates that thc reason for defend- ant's plea was the distinct possibility that a jury might find him guilty o£ first-degree murder. At the hearing defendant stated that the counsel he had chosen had ex- plained to him the elements of first-degree murder and of second-degree murder and that he had understood them. He was also advised that there was a good chance he would be found guilty of first-degree mur- der and that he would probably spend less time in prison if he pled guilty to the sec- ond-degree charge than if convicted of first-degree murder. His attorney advised him that a self-defense plea would not suc- ceed. Even if his wife could have been kept from testifying against him, other evi- dence available to the state was such that he could have been found guilty of murder in the first degree and there was little or no chance of a claim of self-defense being successful,l [2] An application to withdraw a plea of guilty is addressed to the sound discre- The order is affirmed._ TOWN OF ORONOCO, Appellant, and Clifford E. Stevens, et al., Intervening Plaintiffs, Appellants, V. CITY OF ROCHESTER, Respondent. CITY OF ROCHESTER, Respondent, V. COUNTY OF OLMSTED, et al., Respond- ents-below, Town of Oronoco, et al., Intervening Respondents, Appellants.-' Nos. 43264, 43265. Supreme Co.rt of Minnesota. April 28, 1972. Appeal by city from refusal, by county planning advisory commission and by coun- ty board of adjustment on appeal, to grant special exception permit to operate solid- waste disposal system was consolidated with action by town to enjoin city from operating such system. The District Court, Olmsted County, O. Russell Olson, J'., denied injunctive relief and ordered that permit be issued allowing operation o£ such system, and town and intervening owners of nearby land appealed. The Su- preme Court held that where city had need I. A.B.A. Standards for Criminal Justice, Pleas of Guilty. Part II, Withdrawal of the Plea. 2. Waiving trial involves n risk that au attorney's assessment of the law or facts might later prove to be erroneous. Cf. 3[c3lann v. Richardson, 397 U.S. 759. 90 S.Ct. 1441. 25 L.Ed.2d 7G3 (1970): McLaughlin v. State, _°01 Minn. 277. 190 N.W.2d 867 (1971). :re Was no. ce wi"ddt it. ~ermkting a: pellanl:, tervening mndent. )ondent, Respond- rvening ts:' ,sot:). al, by county and bY coun- ,eal, to [,rant perate solid- consolidated n city from he District ~ssell Olson, ind ordered operation of intervening The Su- ity had need I;.N. Ti3{). (lOTtO; 277. 190 TOWN 0t' OEONOOO v. CITY 0t' I~OOIIE$'~III~ Cite ss 107 N.W.2d 42ql for immediate establishment o~ new waste facility, and Pollution Control Agency is- sued permit, for construction and operation by city of solid-waste disposal system, ~hich was subject to conditions giving Agency opportunity to regulate operation of such system, balancing of public inter- ests favored exemption of city from provi- sions of township and county zoning ordi- nances insofar as they applied to establish- ment of such system. Rockne & Rockne, Zumbrota, for Town of Oronoco. Peterson & Popovich and James E. Knutson, St. Paul, for all appellants. A. E. Sheridan, Waukon, Iowa, for Ste- vens & Heins. Gerald H. Swanson, City Atty., Roches- ter, for respondent. Heard before MURPHY, PETERSON, KELLY, and NELSON, J J- Affirmed. PER CURIAM. I. Eminent Domain This case involves the efforts of the city Township zoning ordinance should not be applied to restrict actions of city under- of Rochester to replace its existing waste taken pursuant to statutorily granted right disposal facilities with a sanitary landfill, of eminent domain. M.S.A. § 465.01. the site for which became the subject of a search begun in 1968. After consultation with the Minnesota Pollution Control ~! Generally, a governmental body is not · . . -'-' '-ere-ro- chase a 252-acre farm located north o~ subject to zoning restrtcnons wn P P' Rochester, in the township of Oronoco, in- · posed to p p Y · mine whether the site would be suitable for the landfill project. 3. Eminent Domain · · rations ¢:589 Shortly thereafter, the town of Oronoco Mun,c)pal Corpo sought to enjoin the undertaking· A tern- adopted for resolution of conficts whmh Rochester to notify the court prior to the arise between exercise by governmental start of construction was entered. There- eir agencies of thmr pohce power and th after, the Rochester Common Councd ap- right of eminent domain, pointed a technical committee to find a site 4 Zonin ~:::237 for the landfill, which committee recom- . g mended five locations, including the one in Where city had need for immediate es- Oronoco. Upon receipt of the report 'I ,ablishment of new waste facility, and Pol- the technical committee, the mayor of lution Control Agency issued permit, for Rochester appointed another site selection construction and operation by city of sol- committee. After investigating, this corn- id-waste dis osal system, which was sub- mittee listed eight possible sites in order Of P ' preference, ranking the Oronoco site ject to conditions giving Agency opportuni- balancing of public interests favored ex- emption of city from provisions of town- ship and county zoning ordinances insofar as they applied to establishment of such system. ty was purchased by the city of Rochester. Four months later, in February 1970, the Pollution Control Agency issued a permit for construction and operation of a solid- I. The location ranked first subsequently proved to be unacceptable due to pollution problems. 428 Minn. 197 NORTH WESTERN waste disposal system on the Oronoco property, subject to several conditions in- cluding the following: "No major alterations or additions to the disposal system shall be made with- out the written consent of the Agency. "This permit is subject without public hearing to modification or revocation, and may be suspended at any time for failure to comply with the terms stated herein or the provisions of any other ap- plicable regulations or standards of the Agency * * * and is issued with the understanding that it does not estop sub- sequent establishment of further require- ments for treatment or control at any time by insertion of appropriate addi- tional clauses herein at the discretion of the Agency if it is considered necessary in order to prevent or reduce possible pollution of the environment because of changed or unforeseen circumstances. "This permit shall become effective only if the location of the site or facility shall conform to all applicable federal, state and local laws, ordinances and reg- ulations. "The sanitary landfill shall he operat- ed at all times in accordance with any applicable regulations or standards of the Minnesota Pollution Control Agency now or hereafter adopted. "Reports describing thc types and quantities of waste disposal at this site shall be submitted to thc Agency every month, together with other information on the operation of the disposal system." On December 16, 1969, the Olmsted County Board adopted by resolution an or- dinance effective January 2, 1970. The or- dinance provided that upon approval of the County Planning Advisory Commission a 2. The town of Oronoco also has a zoning ordinance, adopted December 5. 1960, put- REPORTER, 2d SERIES special exception permit could be issued allow certain uses, including sanitary fills and dumps, in agricultural distr The ordinance further provided for from orders of the commission to the:~ County Board of Adjustment, and a lng before the board. Its decision is there-~ after reviewable by the district court in the county where the land is situated. IVlinn.- St. 394.27. In March 1970, the city applied to the Olmsted County Planning Advisory Com- mission for a "special exception permit" to operate the sanitary landfill, such use being "permitted upon approval of the County Planning Advisory Commission" by the terms of the County Zoning Ordinance. The commission, and on appeal the Board of Adjustment, refused to grant a special exception permit. The city of Rochester appealed to the district court on questions of law and fact pursuant to § 394.27. The town of Oronoco and Clifford E. Stevens and Harold E. Heins, owners of nearby land, were permitted to intervene. Follow- ing consolidation of the appeal with thc ac- tion brought by the town to enjoin the city from operating the landfill, and a hearing on both matters, the district court denied injunctive relief and ordered a permit to be issued allowing the operation of a sanitary landfill on the land involved. In each case, the town and intervenors appealed from an order denying their mo- tion for a new trial. We are asked to decide whether the County Zoning Ordinance and, additional- ly, a similar township zoning ordinance-~ apply to the present factual context, and whether, if they do, the decision of the County Board of Adjustment was properly overturned by the district court. We need only decide the first question, for it should be answered in the negative. [1,2] It is clear from the authority of cases and texts that a township zoning or- suant to which the land in question is zoned "agricultural." appeal to ~e L hear- there- in the Minn. to the Corn- to h use )f the by nance. Board special hester ~stions The :even:; ~earb)' ~llow-. he ac-. e city :aring Icnied to be nitary 'enors, mo- thc onal- and the )erly need uld ty of g or- TOWN OT 0KON0C0 v. CI'I'Y OF ROCHESTER Cite as 197 N.~V.2d 426 dinance should not be applied to restrict the actions of a city undertaken pursuant to a statutorily granted right of eminent domain (in Minnesota by Minn. St. 465.01). See, City of Scottsdale v. Municipal Court of City of Tempe, 90 Ariz. 393, 368 P.2d 637 (1962); Green County v. City of Mon- roe, 3 Wis.2d 196, 87 N.W.2d 827 (1958); In re Petition of City of Detroit, 308 Mich. 480, 14 N.W.2d 140 (1944); 8 McQuillin, Municipal Corporations (3 ed.) § 25.15, p. 46; 2 Metzenbaurn, Law of Zoning (2 ed.) p. 1289. Although here condemnation was not required because the city was able to purchase the Oronoco property, we see no reason to apply a different rule. How- ever, whether the county zoning ordinance applied to the city's actions presents a more difficult question. The general rule, as stated, at 101 C.J.S., Zoning, § 135, is that a governmental body is not subject to zon- ing restrictions where property is to be used for governmental, as opposed to pro- prietary, purposes? Frequently, in fact, authorities possessing the right to condemn have been held, by virtue of that right, to possess exemption from zoning regulations. State ex tel. Askew v. Kopp, 330 S.W.2d 882 (Mo.1960); Decatur Park Dist. v. Becket, 368 Ill. 442, 14 N.E.2d 490 (1938); State ex tel. St. Louis Union Trust Co. v. Ferriss, 304 S.W.2d 896 (Mo.1957); Town of Bloomfield v. New Jersey Highway Au- thority, 18 N.J. 237, 113 A.2d 658 (1955). However, the trend is to limit such free- dom from regulation,4 a trend which we believe is well within the dictates of the public interest, principally because the pun- gent realities of urban sprawl and overpop- ulation have accentuated the need for land-use planning and control that serves as foundation for the exercise of police power in the area of zoning. Consequent- ly, in order to support the principle of en- lightened land-use control, we decline to adopt in Minnesota the general rule of 3. There is no doubt that the city of Rod~es- ter is here acting within its governmental capacity. Dehn v. S. Brand Coal & Oil Co., 241 .Minn. 23'7, Ckq N.W.2d 6 (1054). 429 governmental exemption from zoning regu- lation. [3] The exigencies of the present mat- ter, however, illustrate the core of wisdom in that general rule and the danger in too readily assuming enlightenment where none in fact may exist in the implementa- tion of a particular local zoning policy. Therefore, we adopt a balancing-of-pub- lic-interests test for the resolution of con- flicts which arise between the exercise by governmental agencies of their police pow- er and their right of eminent domain. This is preferable to adherence to a less flexible "general rule" based simply on the form of the opposing parties rather than the substance of their conflict-s [4] In the case before us, the city of Rochester continues to utilize a site for waste disposal for which there is insuffi- cient cover material and which constitutes a pollution threat to the nearby Zumbro River. The need for the immediate estab- lishment of a new facility is undenied. In opposition to development of that facility on the particular piece of property here in question, it is argued that various threats to the environment would be presented and that, therefore, a different site should be selected. Although an alleged threat of pollution involves a public-interest consid- eration of the highest order, in the present matter we are satisfied that the approval of the Pollution Control Agency already granted, coupled with the duty and attend- ant ample opportunity of that agency to regulate in the future the operation of the landfill, adequately dispel any fear that de- velopment of the Oronoco site would not be in the public interest for reasons of en- vironmental hazard. The balance of public interests, in short, favors exemption of the city of Rochester from the provisions of the Olmsted County Zoning Ordinance in so far as they are ap- 4. See, St. Louis County v. City of Manches- ter. BCd) S.W.2d I~S (Mo.1962). 5. See. Note, 49 Minn.L.Rev. 2S4. 300. ~30 Mhln. 197 NORTH W~STERN REPORTER, ~ SERES plied to establishment of a sanitary landfill on the Oronoco township site. Considera- tion of further issues is, therefore, unnec- essary, and the decision of the district court is affirmed. Affirmed. I. Workmen's Compensation ~=~1142 Right to reopen under statute izing Industrial Commission to set aside award for cause applies to award made pursuant to stipulation as well as to one made after evidentiary hearing. M.S.A.'.§ 176.461. 2. Workmen's Compensation ~=01781 Whether there exists sufficient cause to justify vacation of an award rests in sound discretion of Industrial Commission. Jesse WALKER, Respondent, v. MIDWEST FOODS, et al., Relators. No. 42999. Supreme Court of ?,linnesota. April 25, 1972. Certiorari proceeding by employer and its compensation carrier seeking review of an order of the Workmen's Compensation Commission vacating compensation award which had been made on basis of stipula- tion of parties and allowing case to be re- opened. The Supreme Court held that fact that everything concerning causation of claimant's injuries was not before Commis- sion at time settlement was approved and that claimant who was without an attorney might not have realized import of opinion of one examining physician as to causation when placed vis4-vis medical specialist's testimony that no causal connection exist- ed, coupled with inadequate settlement for injuries sustained, constituted "cause," un- der statute authorizing Commission to set aside award and grant new hearing for cause, so as to permit reopening for evi- dentiary hearing. Order affirmed. Todd, J., took no part in consideration or decision. 3. Workmen's Compensation ~::=1781 Basic statutory objective for which discretion is invested in Industrial Commis- sion to set aside award and reopen for cause is to assure a compensation propor- tionate to degree and duration of disability, and although the Commission's discretion is not without limit it has considerable lati- tude. M.S.A. § 176.461. 4. Workmen's Compensation ~=01781 It is not purpose of statute, authoriz- ing Industrial Commission to set aside award and grant new hearing for cause, to permit repeated litigation of fact issues once determined on competent evidence. M.S.A. § 176.461. 5. Workmen's Compensation ~::=1145 Fact that everything concerning causa- tion of claimant's injuries was not before Commission at time settlement was ap- proved and that claimant who was without an attorney might not have realized import of opinion of one examining physician as to causation when placed vis-a-vis medical specialist's testimony that no causal connection existed, coupled with inadequate settlement for injuries sustained, constitut- ed "cause," under statute authorizing Com- mission to set aside award and grant new hearing for cause, so as to permit reopen- ing for evidentiary hearing. M.S.A. § 176.461. See publication Words and Phrases for other judicial constructions and definitions. 26, 1969 MINNESOTA LEGAL REGISTER VoL 2, No. 4~ CI] PO 8.1 tio: ftu Ch Opinions of the Attorney General Hon. DOUGLAS M. I-~.AD .'IES: MILL RATE FOR GENEB. AL FUND PUR- ~ES; M.S. 1967, Section 426.04:Law6 1895, Chapter ~I.S. 1967, Section 426.04 does not impose a limita- upon the mill rate of taxes levied for general d purposes by a city organized under Laws 1895, tpter 8. Mr Saroslav Kruta September 25, 1969 City Attorney 519-c Reti Lake Falls Clinic Building Retl Lake Falls, Minnesota 56750 !Your request for an opinion addressed to Attor- ne~ Oeneral Douglas M. Head presents the following: FACTS M.S. 1967, Section 426.04, provides in part: "426.04 TAXES FOR GENERAL PURPOSES. The overnlng body of any city of the thixd or fourth lass in this state Is hereby authorized to levy taxes nnually against the taxable property in any such ity for ali general fund purposes, not exceeding 0 mills on the dollar of the assessed valuation of ne city, computed as permitted under section 273. 3, subdivision 7a. In case the city is operating er any special law or under any form of charter rhich authorizes the city to levy taxes for general und purposes in excess of 40 mills on the dollar, hese provisions shall not limit any such city..., 'The City of Red Lake Falls. a city of the fourth class, was organized in 1897 under Laws 1895, Chapter 8. :Laws 1895, Chapter 8, Section 127, concerning the po'vets and duties of the city council, provides: "Sec. 127. Power to levy taxes and make assess- nents.--It shall have power to fix the rate of, sub- ect to the restrictions in this act contained, and ~vy and collect general and special taxes for munl- ipal purposes on real and personal property within he city, and to levy assessments for local improve- nents, and to prescribe the procedure in making ocal improvements and assessing therefor, in so ar as the same is not fixed and prescribed by the erms of this act." Laws 1895, Chapter 8, and subsequent amend- m(nts thereto, contain no provision limiting the mill tale for general fund purposes. You then ask the following: QUESTION "Does Mg. 1967, Section 426.04, impose a maxi- m~tm limitation of 40 mills upon the mill rate of taxes levied for general fund purposes by the City Council of the City of Red Lake Fa~ls?" OPINION The answer to your question is no. I M.S. 1967, Section 426.04. excludes from its ap- placation cities "operating under . . . any form of charter which authorizes the city to levy taxes for geperal fund purposes in excess of 40 mills on the dollar..." In our opinion, Laws 1~5, Chapter g, con- Page 140 ::;-:'_- 5.bJeet Op. ~o. Dated CITIES: Mill rate for general fund purposes. 51~-c 9/25/~9 CITIES: Zoning ordinances; Regulatione; school di~-' triers. 5~-a-32, grp. 4 9/25/69 EDUCATION: School officer~ and employees; Ac- tions against. 768a 10/17/69 s~itutes a charter. See State v. Ehrmantraut, 63 Minn. 104. 108, 65 N. W. 251, 253 (1895); McQuillin, Municipal Corporations, Sec. 902 (1966 rev.). In Op. A~y. Oen. 519-c, Aug. 30, 1954, copy enclosed, we ruled that ,Me:- tion 426.04 does not limit the authority of a city of the third or fourth class to levy taxes for general fund purposes where the city charter contains no limita- tion on such authority. M.S. 1967, Section 410.03 provides: "410.03 EXISTING CHARTEI~ PRESERVED. Un- til otherwise provided in accordance with this chap- ter, all cities existing at the time of the taking ef- fect of the Revised Laws 1905 shall continue to be governed by the laws then applicable thereto." Laws 1895, Chapter 8, therefore, was preserved az the charter of the City of Red Lake Falls. Since this Act does not limit the authority to levy taxe~ for general fund purposes, the authority of the City Council of the City of Red Lake Falls to levy such taxes is not limited by M.S. 1967, Section 426.04. DOUGLAS M. HEAD, Attorney General / C.H. Luther, Deputy Attorney General CITIES: ZONING ORDIN.4J~CES: REGULATIONS: SCHOOL DISTRICTS: Under facts here/n, where there is no conflict with the lawful exercise of state con- t-roi under M. S. 1967 § 121.15, as amended by Law~ 1969, Chapter 532, city could require school district to comply with provision of city zoning ordinance af- fecting location of proposed press box on school athletic field. Op. Atty. Gen. 5~-B-4, Nov. 2, 1967. Mr. James F. Nelson September 25, 1969 Attorney for Independent 59-a-32, grp. No. 4 School District No. 612 (Cf. Ref. No. 160-M) Olenwood, Minnesota 56334 In your letter to Attorney General Douglas M. Head you submi~ substantially the following: FACTS Glenwood school, which is in Independent ~chool District No. 612, is situated in the city of Glenwood. The School is considering construction o! a press box on their athletic field and it appears that the pr~ box will be constructed wit2fln 30 fee~ of the pr~ per~y line. The zoning ordinance a~d plans of tl~e city of Glenwood show the athletle field to be located in a residential zone. Section 24-4 of the ordinance 141 requir, which of les., Ye Ur requir, zonin plarmJ {}§ 462 office 356, S~ in thc ]plan, school agent i.ts pl; noted expre: sive t ment ,opinic provi~ as scl spons buildl Educ~ M Chapl site ertl; pla: me: sub sch { M'iNNESOTA LEGAL REGISTER Pqbllsked every Wedne,day, ''~d con~lnl~, ~U ginlons of th~ Minnesota Attorney Oener~ P~b~shed by ~ PROG~~G~R i00~ Up,er Mldwes~ Bldg~ Mlnnea~oli~ Minn. 5~401 anuual subscription oul~: {1~.50 in advauc~ In ~inueso~: {l{.[u In all other s~es; Includtn~ binder ~d index so.ice. 8[econd-class po~tmKe paid ~t ~nneapolis, ~n. :s specifically that no building shall be erected is set back from the front lot line a distance than 30 feet. u ask substantially the following: QUESTION der the above facts could the city of Olenwood the Glenwood school to comply with this ordinance provision? OPINION ~e statutory authority for cities to engage in ng and zoning activities is found tn M.S. 1967 351 to 462.364 as amended. In Op. Atty. Gen. August 8, 1966, copy previously forwarded, this held that school boards ~_re required by §462. lbd. 2 t~ advise the municipal planning agency, se municipalities which have a comprehensive )f their plans to acquire, dispose of or improve district property, but that a municipal planning ! cannot compel school districts to comply with ins for community development. The opinion that §§ 462.351 to 462.364 contain no provision ;sly authorizing municipalities with comprehen- 1aris to regulate and control capital improve- programs of other governmental agencies. The n concluded that in the absence of such express ion, such authority is not to be implied, insofar Loci districts are concerned, in view of the .bility with respect to school sites and school ngs expressly delegated to the State Board of .rich by M.S. § 121.15. ~S. 1967 § 121.15, as amended by Laws 1969, er 532 provides as follows: 7he state board shall prescribe rules for school ~ and for the mechanical equipment, erection, ~rgement, and change of school buildings. All ~s and specifications for the erection, enlarge- it, and change of school buildings shall first be ml~ted to the state department of education for royal before the contract is let and no new ool buildings shall be erected or any building en- larl,~ed or changed untJ.l the plans and speciflca- tio)~s have been submitted to, and approved by, the sta ~ department. The state board shall include in suqh rules those made, from time to time, by the sta~e board of health relative to sanitary standards. lo,toilets, water supply, and disposal of sewage tn pu]pllc school buildings. In all other respects the au}hority to make rules for public school buildtngs ~ be ve~ted in the ~Uate board, w~ch shall have NOVEMBER 2~, 1969 the power to prepare and furnish to local school boards plans and specifications for temporary school buildings, containing two classrooms or less. The state board in approving construction plans may specifically qualify its approval as limited solely to physical plant, plans and specifications and it may specifically reserve its approval as to the advisabil- ity of construction from an educational program standpoint. Under such rules and procedure as the state board shall prescribe, the state deparZment... may condemn school buildings and sites which are -unfit or unsafe for use as such." This statute recognizes that the maintenance of pub- lic schools is a matter, not of local, but of state con- cern. See Board of Education v. Houghton, 181 Minn. 576, 233 N. W. 634 (1930); Rathkopf, The Law of Zoning and Planning, 3rd Edition, Chapter 18 § 1. In our opinion, a city~ authority~ enforce a~a_i.~__~ sch~zon~_J ordinance ~o~s 'are tn confli wful~xercise of s%-ate'con- · t--r-61 under this statute. However, a city has {rn~plied ~uthority under the ~5-foad grant of powe~r in §§ 462. 351 to 462.364 to enforce ag~.~.~p.~per~y zon- Lng o.~_l~hanc.e., prov~smns which do not give rise tO such conflict. -~'Noth[h~--~ the facts presented suggests that the proposed press box is to be physically connected with, or an integral part of, any school building. We assume, in the absence of information to the contrary, that it is intended primarily for use by the various news media rather than by students. Under these circumstances, we a:'e of the opinion that the pro- posed press box does not constitute a school building within the meanin§ of § 121.15 so as to require ap- proval of plans and specifications therefor by the State Department cf Education. We have examined the rules and regulations of the State Board of Education, together ~vith the Guide for Educational Planning of School Buildings and Sites in ~linnescta which is incorporated therein by reference, and have found no rules or regulation~ pertaining specifically to the location of a press box on a school athletic field. Nor is this a matter which is presently subject ~o state approval either under § 121.15 or the aforementioned rules and regulations issued pursuant thereto. In view of the fact that enforcement of the de- scribed Glenwood zoning ordinance provision does not conflict with the lawful exercise of state control under § 121.15, we conclude that the city may enforce such zoning provision against the school property tn question. In this situation the Ichool is in essentially the same position as ~hat of a municipality confronted by the zoning ordinance of another municipality with- in whose boundaries it is carrying out a governmental function. Op. Atty. Gen. 59-B-4, Nov. 2, 1967, copy enclosed, involved a sanitary land-fill operation which the city of Mankato wished to establish in Nicollet county. This office said: "While the Supreme Court of this state has not dealt with the problem of zoning ordinances of one subdivision conflicting with the governmental actl- vi~es of a_not, he_r, u'e think it un.aafe to a~um~ that N( TI th, h~ cc S~ El A~ ill M O A~ te G M D S~ Y( U )VEMBER 26, 1969 ,ur court will grant complete immunity from zon- ng regulations to governmental functions." e opinion concluded that while the city should con- er itself subject to the county's zoning ordinance, zoning power of the county was not absolute: "In considering Mankato's application for a spec- al use permit, the county board should keep In ainu that a court, when considering this appltca- ion, would probably engage in a balancing of ~erests. To the extent that the local ordinance ob- ectlves are more vital to the promotlon of the ~ealth, safety and welfare of the local citizens, it ~hould prevail. To the extent that the need for the ~roposed use is an overriding consideration, it ;hould prevail." We are of the opinion that, under the facts you ve presented and in light of the above quoted rule, ~ city of Olenwood could require the Olenwood ~ooI to comply with the described zoning ordinance ovision. The final dlcision Is one of fact for the city uncil to make. As so qualified, your question is 'ered in the affirmative. DOUGLAS M. I~AD, Attorney General Michael R. Gallagher, Sp. Assist. Atty. Gen. )UCATION: SCHOOL OFFICERS AND EMPLOYEES: '.TIONS AGAINST: School district may provide msel for and indemnify officers and employees action against therrt for violations of 42 U.S.C. 83 and 1985, provided that board finds them to have ted within scope of authority and in good faith. S. 1967, .ii 466.07; .~ 466.12, Subd. 1~; § 123.35, Subd. 5; )s. Atty. Gen., 768a, June 4, 1927; December 13, 1929; ~gust 3, 1934; May 2, 1944; November 14, 1944; Sep- tuber 17, 1945; May 29, 1946; June 28, 1950 Op. Atty. ;n., 469b-1. April 7, 1958; Op. Atty. Gen., 469a-~, arch 18, 1937; City of Moorhead v. Murphy, 94 Minn. 3, 102 N.W. 219 (1905); State ex tel. Feistv. Foot, 151 inn. 130, 186 N.W. 230 (1922). trley D. Bright October 17, 1989 ;puty Commissioner of Education 788a 2 Centennial Office Building Paul, Minnesota 55101 In your letter to Attorney General Douglas Head ~u present the following: FACTS An action has been recently commenced in the aired States District Court, District of Minnesota, ~herein the superintendent, assistant superinten- dent, director of secondary education, senior high school principal, two present school board members. a~td three former school board members of Independ- eot School District No. 283 are named as defendants. I The complaint alleges that the defendants, acting ider color of the statutes, ordinances, regulations, stoms or usage of the State and school district, in- tionally and purposefully caused the school dis- ct to fail to hire plaintiff as a teacher because of race. The complaint also alleges that "a consplr- .cy existed in the School District to intentionally and urposefully cause said district to fail and refuse to re Ne~oes and other minorities as teacher~ because 142 of race," and that defendants prrtlcipated in the con- spiracy during their terms of office. Surisdictlon of the United States District Court is based upon 28 U.S.C. Sections 1331 and 1343, and 42 U.S.C. Sections 1983 and 1985. Recovery is being sough~ against the defendants in the total amount of $225,000. 00 as compensatory damages and In the total amount of $450,000.0O as punitive damages. The school dlstrlc~ has no insurance against liability for damages result- ing from the torts of Its officers, employees, or agents. Based upon the above facts you present these: QUF~TIONS 1. Is the school dlstrict empowered to undertake the defense of its superintendent, assistant superin- tendent, di~ector of secondary education, senior high school principal, two present school board members and three former school board members in an ac~lon alleging violation of Title 42 U.S.C., Sections 1983 and 19857 2. Is the school district empowered to indemnify and save harmless its supremtendent, ass~tant su- perintendent, director of secondary education, senior high school principal, two present school board mem- bers and three former school board members against violation of Title 42 U.S.C. Sections 1983 and 198~? OPINION There is no express statutory authorization for the school district to provide legal counsel or indem- nification for the defendants. Although Minn. Sta~ 1967, Section 466.07 is a general authorizat!on for such expenditures by political subdivisions, it does not ap- ply to Independent School District No. 283, because, according to you: statement of the facts, the district does not have :he appropriate liability insurance. Minn. Stat. 1987. Section 468.12, Subd. 3. We mus"~ therefore exami:.e the common law of this state in order to resolve the questions which you present In City of Moorhead v. Murphy, 94 Minn. 123,.102 NW. 219 (1905), the Minnesota Supreme Court held that, in the absence of prohibiting charter provisions, a city council could reimburse its chief of police for legal ex- penses incurred in defending an action for false impri- sonment, the officer's conduct being a good faith exer- cise of his official duties. The court cited with ap- proval and discussed at length the case of Sherman v. Carr, 8 R. I. 431 ~1867). There it was held that a city council could reimburse its mayor for damages covered against him in an action for false imprison- ment. The Rhode Island court also stressed the cri- terion of good faith performance cf official duties, concluding that indemnification was proper when this criterion was met. even though the mayor was found to have exceeded :he powers of h~ office. State ex rel. Feistv. Foot, 151 Minn. 130, 188 N. W. 230 (1922), held that a city board of water commis- sioners was not authorized to reimburse an employee who was compelled to pay damages to persons in- jured through his negligent operation of an automo- bile. The court adopted language from decisions In two other jurisdictions. Quoting from Hotchkiss v Plun- kett, 60 Conn. 230. 234.22 Afl. 535 (I891), the cotlrt said: "First, the officer must have been acting in a matter in which the corporation had an interest. Second, he must have I~en acting in the discharge 39 cles plan~ of pi the at whiC speci to as er~Jl( secti( to gi, the ,~ ment- ted b even ¥ ed, Ir sion ~ sever, Such stons serve: qu~e~ tion d net sl clear time lng a bein sonab Rte n~ ment~ other G ating not iu $chem which might be used to provide for funding such , there exists, In our view, no single specific type Ln which will, to the exclusion of all others, satisfy ~tutory requirement in each and every instance. n general, however, we think that section 465.721, minimum, requires a governmental subdivision, m undertakes to grant severance pay, to make some fic arrangements which are reasonably designed ,~re that there will be sulflcient funds available to such payments as will be required under the sev. pay program. In our view, the intent of the ,n is simply to compel governmental subdivisions ,e adequate advance consideration to providing for ays and means of meeting severance pay cornmit- i -- a practice which, in any case, would be dicta. F accepted principles of sound fiscal management n the absence of a statutory mandate. Ze do not believe the leg/slature necessarily intend- every case, to require immediate creation of a reserve sufficient to give a governmental subdivi- L present capacity to satisfy all potential future race pay claims, however contingent or remote. a construction could force governmental subdivi. in many si~uations to maintain severance pay re- out of all proportion to the sums actually re. to meet reasonably anticipated needs. A construe. ;rnanding that public funds be tied up in this man- Louid, in our view, be avoided in the absence of a indication of a legislative intent to the contrary. ather, we believe that the nature of the funding .nd the size of any reserve created in anticipation ute payments will depend upon the nature and . of specific severance pay commitments and the within which payment may be necessary. In creat- Funding plan, the governmental subdivision should a position to demonstrate that the plan is rea- y designed to provide for availability funds, which )t otherwise committed, to make severance pay. as needed without impairing its ability to meet expenses. .yen the factual determination necessary to evalu- the adequacy of such plans, however, our office is a position to pass Judgment on any particular e. WARREN SPAI~NAUS, Attorney General Michael R. Galiagher, Spec. Asst. Atty. Gen. CITIES: ZONTNG OEDINA~ICES: School Dlst~ct ~y '~ su~t ~ ~ ~g o~an~ ~~ ~ of clo~ ~i b~. Coming ~te~ of d~ ~d sch~ ~ m~t ~ de~ und~ ba~n~g. of-~ ~ Roger Pete~ 1800 ~ E Ir ri&US, A. Jensen, Esq. October 24, 1980 on, Bell & Converse 59a-32 ~rnerican National Bank Building tst Fifth Street ul, Minnesota 55101 your letter to Attorney General Warren Span. you present substantially the following: OCTOBER 198~ FAirs Like many school districts, Independent Schooi Di~ trier 1~o. 623, Rosevllle, has experienced declining en- rollment. This decrease in enrollment has necessitated the closing of several schools. The closed schools are located In areas zoned R-l, single family residential districts in which public and private schools are per. mitted uses. It is anticipated that the closed schools will be leased to outside organ/satlons which may include pub- lic agencies and quasi-public orga. nl~tions. The City. of Roseville is considering amending its zoning Code to require special u~e permits as a condition precedent to the use of the closed school buildings by public agen- cies and quasi-public organizations. The school district has informally challenged the City's authority to regulate the use of property owned by a school district. As the attorney for the City, you then ask sub- stantially the following: May a statutory city, through its zoning code, regulate land use of property owned by a school dis- trict, which is no longer used as a public school, and is leased to public agencies or quasi-public organiza- tions by making such uses permitted only a~ter appli- cation for and issuance of special use permits by the city? OPINION Except to the extent qualified herein, we answer your question in the affirmative. The school district points to Minn. Stat_ ~ 123.36, subd. 10, as amended by Minn. Laws 1980, ch. 609, art. 6, § 17, which provides in part: ia) The board may lease a schoolhouse which is not needed for school purposes to any person or organization. The board may charge and collect rea- sonable consideration for the lease and may deter. mine the terms and conditions of the lease. The remaining portions of the subdivision provide that the rentals shall be used to retire outstanding bonds, and any remaining proceeds shall go into the capital expenditure fund of the district. The subdivision also authorizes a d/strict to make capital improvements to a schoolhouse to facilitate its rental. The school district also points out that Minn. Stat_ §§ 123.36, subd. I and 123.63 (1978) grants a school district the right to acquire schoolhouse sites by eminent domain. The authority of one municipality to regulate ~.n- other through zoning ordinances has been a difficult area of law and has resulted in different tests being applied in different jurisdictions. The different tests which might be applied are as follows: 1) The existence of controlling statutory provisions; 2) whether the party to be regulated has the power of eminent domain; 3) whether the use of the property is proprietary or governmental; 4) the superior sovereign test; and 5) the balancing of Interest test_ Rutges, State University v. Piluso, 60 N.J. 142, 286 A. 2d 697 (1972), City of Temple Terrace v. Hillsborough Ass'ri. E~c., 322 So.2d 571 (Fla. App. 1975l, afC&, 332 So.2d 610 (Fla. 1976); and Governmental Immunity From Local Zoning Or- dinances, 84 Harv. L.P,. 869 (1970-71). For the reasons set forth below, we find that there 1980 i: no controlling statute. Of the remaining tests, only tile b~lancing-of-interest test takes into consideration a I conflicting interests. The other three tests select a slngle factor, which factor Is often illusory, to reach r~sult which may not be in the best interest of the c~lmmunity as a whole. For that reason, a.nd because of tl~e reasons developed in explaining each test, we adopt tl~e balancing-of-interest test.~ It is necessary first, h,~wever, to discuss the other tests. L Controlling Statute Test: The school district's a~zthority to lease its facilities to "any person or or- g. miz~tion" is contained in M~_n. Stat. § 123.36, subd. li,, as amended. The statutory language makes no com- ment on whether the school district, or its lessees, sl~ould be exempt from local zoning ordinances.  The City receives apparent zoning authority from veral sections, l~finn. Stat. § 462.351, as amended by inn. Laws 1980, ch. 566, § 17 states in part: The legislature finds that municipalities are faced [with mounting problems in providing means of guld- ling future development of land so as to instate a safer, more pleasant and more economical environ- ment fo-, res;dential. . commercial, industrial and pub- llic activities .... Municipalities can prepare for an- ticipated changes and by such preparations bring about sign/f/cant savings in both private and public expenditures. Municipal planning, by providing public guides to future municipal action, enables other pub- lic and private agencies to plan their activities in har- mony with the municipality's plans .... It is the purpose of sections 462.351 to 462.354 to provide municipalities.., with the necessary powers.., for ~dequately conducting and implementing municipal planning. (l~imphasis added), l%finn. Stat. § 462.352, subd. $ (1975) defines a comprehensive municipal plan to mean: compilation of policy- statements, goals, standards, and m:tps for guiding the physical, social and economic de- velopment, both private and public...." (Emphasis added). ~linn. Stat. ~462.356, subd. 1 (1978) provides th.~t the comprehensive plan may be implemented th ,ough zoning ordinances. Subdivision 2 of that section st~[tes in part: [N]o publlcaliy owned interest in real p:'opcrty ~ithin the municipality shall be acquired or disposed )f, nor shall any capital improven~ent be authorized )y the municipality or special district or agency :hereof or any other political subdivision having ur§sd§ct§on within the municipality until after the )lanning agency has reviewed the proposed acqulsi- .ion, disposal, or capital improvement and reported n writing to the governing body or other special district or agency or political subdivision concerned, Its findings as to compliance ... with the compre- hensive municipal plan. ~ ]~ecause an ordinance directly affects only the user of th~facillty, the first issue is whether the question of im/munlty from the zoning ordinance is even au issue. Un. de~ at least the controlling statute, eminent domain, and proprietary-governmental tests, the ownership of the cilltv is one of the key issues. For that reason and because of~e obvious legislative interest in assisting school dis- tri~:[s ~o reu[ unused school facilities, a school district is en~itled to ha?e its interests considered in determining ~l~ether immunity should apply. It must be noted that the legt-~l~ture has no~ stated what effect a finding of noncompliance shall 'have. However, Minn. Stat. § 462.357 (Supp. 1979) may grant a municipality authority to control other governmental units through zoning. That section states in part: For the purpose of promoting the public health, safety, morals and general welfare, a municipality may by ordinance regulate.., the uses of buildings and structures for trade, industry, residence, recre- ation, public activities, or other purposes ..... (Emphasis added). While it could be argued that section 462.357 eli- minates any immunity that ~ school district has from local zoning ordinances, it Is not explicit Furthermore, the language in sections 462.351 and 462.356 suggests that a school district should be apprised of and con- sider local zoning ordinances. ~ Therefore, we decline to find an express statutory resolution of this problem. II. The Enfinent Ikanaln Test: Under this test, a governmental unit possessing the power of eminent domain is inherently immune from the exercise of zoning powers. State ex rel Askew v. Kopp, 330 -~.W2d 882 (Mo. 1960). In Town or Orinoco v. City of lf, oches. ter, 293 ~linn. 468, 197 N.W.2d (1972), the court, while using a balancing of interest test between a city and a county, applied the eminent domain test to first eliminate from consideration a town ordinance. At issue in Oronoco was the ability of a city to maintain a sanitary landfill when such a use was prohibited by a county and town ordinance. In disposing of the town ordinance, the court noted that while the city had pur- chased the land which was to be used for the sanitary' landfill, it could have acquired the land by eminent do- main and was therefore exempt from the town ordin- ance. %Ve decline to adopt the eminent domain test in this instance for several reasons.~ First, we question the appropriateness of applying the eminent domain test to situations where the school board could not have exercised that power to accomplish the intended uses sought to be regulated by this ordinance. Minn. Stat. §123.36, subd. 1 (1978) limits the authority to use eminent domain to the acquisition of sites for school- houses. In this instance, the city seeks to regulate the use of a building when it is not being used as a school- house. We recognize that the proper use of a school building goes far beyond the traditional concept of providing education between the hours of 8:00 a.m. to 4:00 p.m. However, those concerns are better hand. led through the balancing of interest test Even if the eminent domain test were applicable, we doubt that the Minnesota Supreme Court would apply it, despite the test's apparent recognition in Oronoco, because of its negative impact on proper land use. In addition, the decision in Oronoco, relative to ~ The court in Town of Oronoco v. City of Rochester, 293 Minn. 468, 197 N.V*'. 2d 426 (1972) established a balancing of interest test for a zoning conflict between a city and a county ordinance. Also at issue was a township ordin- ance. The court makes no reference to statutory author- ity to enact zoning ordinances. s In Op. Atty. Gen. 59b-4, Nov. 2, 1967. we adopted the balancing of interest test and criticized the eminent do- main test. the tqwn ordinance, is ostensibly dicta. It is dicta be- am~,,:aus~the balancing of Interest test between the city W;hnd t~e county wa~ the primary Lssue before the court and served to resolve the .entire controversy. Tl te most important reason for rejecting the emin- ent dc,main test, which relies on the single factor of wheth.:r the power of eminent doma/n exists, is the possib[e impact that it could have on proper land use. For tf at reason, the test is encountering growing dis- favon While the test was strongly espoused In the case of As~ ew. it was severely qu.~lffied by the same court two y,:ars later In St. Louis County v. City of Man- cheste:,, 360 S.W. 2d 638 (M'o. 1962). In ~lanchester the court ~oted there were approximately 100 Incorporated Cities vith the power of eminent domain in the county ~nd if each was immune then the ordinance and the compr~hensive scheme it advanced would be severely tmder~flned. We agree with the concern raised in :~,Ianch ~ter and note that a total immunity based upon emine~ domain appears antithet./cal to the compre. hensiw planning created by the legislature in Mirttt Stat. 462.351 to 462.357 (1978). L~"thermore, as' the court .~ City of Far~o, Cass Cry. v. Harwood, TA', 256 I~'.W. :d 694 (N.D. 1977) noted, a statutory grant of eminent domain authority is not In conflict with a statutory grant of zoning power because the two can Ice ex~rcised in harmony. The power of eminent do- main_rleed only be restricted as to the place where it may b~ exercise& . In deciding how the Minnesota Supreme Court would resolve this issue, we must be mindful that districts have historically been subject to muni- )lice powers. In Village of BLaine v. Independent Sch. Dist. No. 12, 272 MJ.rm. 343, 138 N.Vv'. 2d 32 (1965), a scho)l district was precluded from purchasing na- tural t a~ from anyone other than the village because of a ~llage ordinance. The rule was based upon the fact th; tt the school district did not have police powers and tht court discounted sta, tutory authority~ granting schoc ~ards the power to 'provide for the heating... of sch~ olhouses .... "See also, Op. Atty. Gen. 707a-12, l~'oven )er 15, 1978, holding that a school district can be req~fired to use the garbage hauler designated by a municipality. We also note that the Minnesota Sup- reme Court, in explaining the purpose of special use l~-~rmit~, Listed schools as a.u example of an activity that ca.~ be required to obtain a special use permit to be local.ed In residential areas. Zylk~ v. City of Crystal, 2lL3 Mi~m. 192, 167 N.W. 2d 4~5 (1969). We believe that the existence of the power of eminent, domain should be a factor /~cluded in the balanci~g-of-interest test. However, it should not be the ex~ usive factor. rn Governmenta/ Proprietary Test: Under thi~. test, governmental unit exercising a governmcn~al ftmctio~t is exempt from local zoning but is not exempt if it exercises a proprietary function. See, AppUcabU. i~r of ~;oning Regulations to Nongovernmental Lessee of Governmental Owned lh-operty, 84 ~ 3d 1187 (3.978). instance, if we focus only on the schoo~ it appears to be exercising a proprietary func ~tal of property not needed for school purposes, Minn. Stat. § 123.36, subd. 8 (1965). OCTOB~ 19~ and would not be exempt. There L~, however, ges~ion ~ ~y o~ ~e ~s ~t It ~ not U~e act of' leasMg ~at M de~r~flve, but ra~er the ~e of the use by ~e less~. ~ for e~pl% Yo~t~.n Cartage Co. v. No~h Po~t Pe~ Co~A Ot~in~t~g Co~c~ ~ Md. App. 624, ~2 A.2d ~8 (1975), and Shell Off Co. v. B~d of AdjUnct, 185 ~d 102 (1962). We decl~e to adopt ~t test. F~st, tt ~ ~ ~u- sory s~d~d which ~ ~s~ted ~ ~ffe~nt j~ dictions comMg to ~fer~t concl~o~ on whe~er a. p~cuMr use ~s gover~en~l or proprietor, s Second, a review of ~y of ~e ~s ~t have ~t~ m~ity ~der this test aMo M~te ~t c~side~ble balancing of ~eres~ h~ ~ fact ~c~ e~nple, Hewle~t v. Hemps~ 1~ 17.Y.S. 2d ~r, 2 N.Y.S. 2d ~90, 159 N.Y.S. 2d 145, 140 N.~ (1957); Con--rs v. New York S~te A~~ of ~ C~dre~ ~ 82 ~. 2d 861, 370 N.Y.S. 2d (1975) ~d O'Commr v. C~ty of ~o~ 548, ~9 N.~ 2d 356 (1972L FMaHy, and most ~po~ntly, like ~e roam test It could re~t ~ ~e des~ction of me~g. ful land-use pl~ing. S~ ~ ~ v. C~ of ch~r, 360 S.W. 2d ~ (Mo. l~2L ~e mere e~t~ce of a gover~en~ p~se d~s not neces~ily m~ that the same ~e co~d not ~ conduct~ M a different lo~tion that would not ne~vely ~pact u~n ~d ~e. The~fore, we believe ~t the issue of tal-proprie~ use shoed ~ a factor ~nclud~ under- ,he balancing,f-interest tes~ IV. Superior ~ver~ T~: Th~ test g~ m~[ty to the ~l~ti~l entity which occupies a supe~or position in the gover~en~ Me~r~y ~e~ ~e~ express s~tu~o~ au~o~ty d~y~ng ~at A~a~on ~ces, ~c. v. B~ of Adj~t~n~ ~ N.J. 275, 282, 119 ~ 2d 761, 7~ (1956). One of ~e dfff~c~[es ~th ~h~ test is deter~g whlch entry is su~r~or. Ce~Mly ~e sch~l ~ct su~rior to the city ~th ~gard to edu~on~ ~ues and manag~g i~s property. Conversely, a dry h~ police powers that are su~rior to a sch~l district's powers In ce~'~in ~ses. S~, V~e of B~e v. ~d~ndent ~h~ Dis~ct, ~'o. ~, 272 M~ 343, 138 N.W. 2d 32 1965L which ruled that a sch~l district ~ subject to an ordinance regulat~g ~e supply of ~t~ g~. More import~tly, this test suffers from ~e same frailities as the eminen~ domaM ~d gove~men~l-p~ prietary tests of ~oring effective land-u~ pla~ng. s The inconsistent resuks have been noted ~n ~ncoln C~. v. Johnson, 257 ~.~.2d 453 (S.D. 1977) and la ~ve~men- tal Immunity From ~cal Zoning Ordin~ces, Rev. 869. 870 (197~71). Its illusory nature w~ at~ck~ In CRy of Fargo, Cass Cry. v. H~w~ T.P., 256 N.W.~d 694 (~.D. 1977). ~e strongly attacked ~e gove~men~l. proprietary ~est In O~. Atty. Gen. 59~4, Nov. 2, 1967 and adopted instead ~e balancing o~ interest tes~. &As no~ed above. ~he cour~ la Town of Oronoco v. City of ~ochester, 293 Minn. A68. 197 N.~.2d 426 (1972) wh~e espousing a balanc~ of In~erest ~est between a co~ty and a c~y, applied a comMued eminent dom-~a and superior sovere~ ~ agalns~ a to~. We believe court did so In par~ because R w~ no~ necessa~ for a determination of ~he case and ~hus reserved ~ issue for ~ future de~ermlnat~on. T~ to no ci~ TOBER 1980 e mere fact tha. t a governmental unit is cons~.der¢~! be higher on an imaginary org.~.'fizational chart does : appear to be sufficient reason to assume that the de- ions of the superior organization %vill a!ways be cot- V. The Bal-nch:~ of Interests Test: A g~'owing num- be~ of stales have been adop[:,ng a balancing of interest te~t.r The conccp~ of ~at test ~s well s~atcd in Town ~ IT]he trend ~ to Hmit such freedom from on, a trend which we bel~eve ~s well w~th~n the ~a~es of the public ~terest, prMc!pally because the ungent reAHties of urban sprawl and ove~7opulation ave accentuated the need for t~d-use plannlng and Control that se~es as fo~datio~ for the exercise police power in the ~ea of zo~ug. Consequently, order to support the principle of enlighteaed land- ,se control, we decline to adopt in Minnesota the gen- ial ~le of governm~tal exemption from .'e~aUo~ ~9] ~inn. at 471, 197 N.W. 2d at 429 (foo~ote omitte~). ~e co~t went on to note ~at ~e pla~g effor~ ~y nc t always be correct, and therefore the court adopt~ "a bal~cing-of-~terest test for ~e resolution of ~on. fli:~ wlfi~h ~ise betw~n ~e exercise by gover~en~l a~ encles of ~e~ police powers and the~ right of e~- en ~ doma~." I~ / ~ no[e~ ~ footnote ~, ~ere are legitimate .i~[rict interests ~ the ability to lease the~ we believe ~e balm~c~g~f-~reres[ test should be plied even if ~e school district co~d not use em~ent d~ma~ for this pu~ose. The interests to be ~1~ ~e ~ny ~d will v~ depending u~n ~e s~eifie use to which ~e property will be put3 Some of ~e inter- es[s to be bal~ced were listed by ~e court in (1~72~ and include: the ~ture and sco~ of the mm~lity s~ng imm~i[y, the kind of [un~tio~ la:~d use involved, the e~ent of the publi~ ~terest to be se~ed thereby, the effect 1~ land use re~- la:ions would have upon the enterpri~ concerned ~d the impact u~n legitimate lml interests, idditio~l factors considered in City of Temple Te~ v. 1II1I~. ~,~ugh, Ass'n., Etc., 3~ So. 2d 57~ (Fla. App. 1975), alf'~ 332 So.~ 6~0 (~. ~976) were: ~e legislative ~nt of authority, e~sting land uses, alter- n~.t[ve locations for the activity, and the detriment to a( [jolni~g lando~ers. Of course, if a s~ool distri~ did ~ot agree wi~ a city's decision to deny a special use permit, d,~c~si~ is renewable ~ district couP. Bemuse we do not ~ow the specific uses to which t} e land may be put or any of ~e other facts which w~uld be germane to a b&ncing-of-interests, we must d,~cl~e to ~le on the ulti~te reasonableness of ~e p~'oposcd ordinance3 ~owever, ~ conclusion, we li,~ve that school distffcts are subject to reasonable 7 ~Iinnesota, New Jersey, Florida, Delaware, I{ansas, North D~kota and ~outh D~kota. 'l~f course, if a school district leases its lactlttie~ to a~o[her governmental unit. tsar lessee is entitled to have it~ needs and powers included iu tSe balancing process. :' ,-, "'..~. 3._z: ~ "- · ~' ,':. o~er pubBo ~ not t~ ~t ~~ . ..... 9 Because ~e p~pos~ ord~nce wtH ap~ly o~y ~ ~l~ed . school buildings and my re~ user-lesse~ d~e~n~y depend~g on which building (~ed activity, we ~sh ~ point out a ~ten~ p~blem should be address~ In ~ or--ce. ~ Sm~ ~ 462.357 (1978) states In p~: ~o ~flo~ . . . for each class or ~d of uae ~ouKhout su~ [zo~ ing] dist~ct .... "~ee aJso, No~w~te~ College v. C~y of Arden Hills, 281 ~.W~d 8~ (Mf~ 1979). SECTION 12 9;ll~ (a) (b) (c) '(e) (~) (&) (h) (i) (J) (k) ('1) (-,) (,~) · (o) Oral 1033, (p) effl 3/28/83 (q) (r) (s) (u) (v) (~) (x)' ~¥ ) '(z ) (aa) (bb) (cc) (dd) "CBD" BUSINESS DISTRICT Within the "CBD" District, no structure or land shall be used except for one (1) or more of the following uses: Permitted Principal Uses Businesses providing the following sales and/or serv.ices: Antiques. Appliance sales and service. - Art and soho61 supplies Bakery goods. Banks Barber Shops. Beauty Parlors. · - - .' .- .,. Books and office su~plles. - Bowling Alleys. Broadcasting studio. Business School. .. Bus and Transportation center. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks, but not where a drlve-ln'servlce is provided. Camera and photographic sales and repalr. Carpets and rugs. Tennis, racquetball, handball, table tennis and boxing clubs -~l~ng with clubs defines by Minnesota Statute §340.07, Subd 15. Coins and stamps. Costume and formal wear rental~ Delicatessen. Department stores. Drugs. Dry cleaning.and laundry pick-up locations including Incidental pressing and repair. "' Dry cleanlng and laundry selfrservice facility. Employment agency. Florist Shop. Floor covering. Frozen foods, not including a locker plant. Furniture, includlng upholstery' when conducted as a secondary use. Fur products and the processing of furs when directly related to fetal1 sales from the site. Gifts or novelties. - 322 - (ff) (gg) (hh) (~i) ('j j) ~kkJ Ill) mm) (nh) (oo) (qq) (rr) (ss) (tt~ (uu) (vv) (~l (xx) (yy) (zz) (aaa) (bbb) ( ccc~ (ddd~ (eee) (fff) (gggl (hhhJ (iii) (]jj) (kkk) I(lll) Glass, china and pottery. Grocery, fruit and vegetables. Hardware. Hobby crafts including handicraft classes. Hotel. Interior decorating studio. Jewelry, time pieces and repairs. Leather goods and luggage. Library, both public and private. Liquor store (off-sale) Meat market, but not including processing for a locker plant. Musical instruments and repairs. Newsstands. Offices-business and professional. Offices-goveenmental. Paint, wallpaper and related materials. Pet shop, provided the operation shall not include the boarding of pets for a fee, the maintaining of pens outside of the building or the operating so as to cause an offensive odor or noise. Photographic studio. Pipe and tobacco shop. Post office or telegraph sub-station. Printing shops which occupy not more than three thousand (3,OOO) square feet of gross floor area. Records, television, radio, hi-fi and recording equipment. Savings and loan offices. Sewing machine, related equipment and sewing classes. Shoes and shoe repair. Sporting goods. Stationery supplies. Tailor shop. Theater, not of drive-in variety. Television studio. Toys. Transportation center. Travel bureau. Variety store. 323 9.1 ord. I Ord.5! elf Ord. elf. .( t2(23 Conditional Uses - : Vlthin any "~BD" Business Distrl~t,. no structure or lend shall be usexl for. the follo~ing uses except by conditional use permit. 40 9/87 (ii Accessory structures. (bi Dwelling units provided: t) The units do not occupy the first floor. ii) That a roof Intended for usable spice shall be enclosed by · wall of fence not less then five (5) feet in height. ii) ili) (c) Open sales lots provided that: i) The 1at Is surfaced end graded according to · plea submitted by the eppllcant end approved by the City Engineer. The assembly, repair, or manufacture of good shall not occur within en open sales lot. If the operation of the open sales lot be self-operated or automated in tot&l or in part, 4 site plea shall be submitted indicating the location of such devices. iv) There is located thereon · building devoted to end used in such sales use vd~ich is et least as large in floor area as such occupa- t-ion end use. (d) Off-street parking lots subject to Section 9.116(2). (e) Parking ramps. (fi Public utility structures. (g) Vending machines (coins operated) whether they be for service or product shall be permitted Inside 'of · building; vd~en located outside of building they sha~l be considered es · building end conform to . eppllceble reguletlons. Sh°uld the vending machlne be the principal use on the site, off-street perking $hall be ~rovlded at · ration of one (I) space for each two vending devices. (hi Restaurants, cafes, tea rooms, taverns, bars, provided said design Is to only serve customers seated et tables, counters or booths. 161_ 25-88 183 -28-89 (ii Arcades. (j) Tennis, racquetball, handball, table tennis end boxing clubs that pro° vide fac111tles such as auditorium or bleacher areas for viewing such that exhibitions ere possible. (k) Kassaoe therapist businesses licensed pursuant to Section 5.612. (1) Day care centers. (mi Prepared food del|very establishments. (n) Pool/Billiard Halls. Ord. #1287, eff. 5/9/94. Permltted Accessory Use~ Vlthln the "'CBD" luslms District, the following uses shell be permltted IccessPry USES. (e) Decorative landscape fuSures. - 32& - )rd. 948 e~f. 8;'113/811 (Ord. 97 10/29 (b) (c) (d) (e) (f) (g) (h) (i) ~, elf. /gl) Off-street l°adlng. Harquees and awnings on publlc and prlvate property subjec~ to Section 9.117A.'- - Off-street parking for prlnclpal use subject to Section 9.116(&). Any Incldental repair or processlng necessary to conduct a permitted prlnclpal use provid&d the area does not exceed thlrty (30) percent of the floor area devoted to the principal.use nor thirty (30) percent of the man hours required to conduct the prlncipal use. Signs as regulatedby and to the extent permitted by Section 9.117A. Private swimming pools. Buildlngs temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. Games of skill provided: Iii The number of such games shall not be sufficient to constitute an "arcade"; [ii] The games of skill nay only be used at such times as the primary use of the property on which the games are located are open for business; [iii] The premises on which the games of skill are located must be en- tered by patrons only through the primary use of the building, and the premises on which the games of skill are located must have no direct entrance from the outside other than through the primary use. Provided, however, that the portion of the building in which the "games" are located may have a fire door through which patrons may exit in times of emergency. 9.122( ) 0 Hinlmum Yard~ and Density Requirements (a) The "F.A.R." (floor-area-ratio) within the "CBO" District shall. not exceed 6.0. (b) When the facilities for off-street loading are from an abutting. alley, the first floor foundation line shall be 20 (twenty) feet or more from the center of the alley and the distance from the ground to the bu$1dlng above for the entire area where the truck is to be parked during loadlng or unloadlng shall be not less than fourteen (lq) feet. (c) (d) Resldentlal dwe11ing units shall conform to the minimum floor are~ and density control as stated in Section 10.0 except that the floor area ratio (6.0) must also be observed. Every lot shall have a minimum frontage of 20 feet. (e) Front yard shall be one foot (1'). (f) Certain alley setbacks: i) No building shall be erected~rlthin ten feet (10') of any alley abutting the narrovest vidth of the lot. - 325 - ]~ho.,?if .~n~?.ndtvidual, is an alien. Vho within fifteen (15) years prior to the application for such license has been convicted of any villfu1 violation of any law of the United States, the State of Ninnesota, or any other State or Territory, or of violation of any local ordinance with regard to the manufacture, sale, distribution, or possession for sale or dis- tribution o£ into~:icating liquor. , (e) V~o within fifteen (15) years prior to the application has had a license under the Intoxicating Liquor Act revoked for any willful viol~tton of the la~s or ordinances referred to in th~s Section. ~o is a manufacturer or wholesaler of intoxicating liquor and no ~anu- facturer or wholesaler shall either directly or indirectly o~m or con- trol or have any financial interest in any retail business selling in- toxtcatin§ liquor. (g) ~o is directly or indirectly interested in any other establishment in the City o£ Columbia Heights to which an on sale license has been is- sued under this ordinance. Ch) ~o is the spouse of a person other!se ineligible for a license under this ordinance, or ~ho is not the'real party at interest or beneficial o~mer of the business operated, or to be operated, under the license. (i) ~o, if the applicant is a partnership, has any partner who would be othe~tse ineligible for a license under this ordinance. (J) ~o, if a corporation~ has an o~mar of a five-or-nora-percent interest vho would be other~ise ineli~ible for a license under this ~rdinance. (k) ~o is or has a proprietor or nanager ~ho is otherwise ineli~ible for a license under this.ordin~nce. (1) A licensee who, at the tine of application for renewal of a ltcense~ is not a resident of the Tvin City }letropolltan Area. (m) ~o, in the case of a partnership~ a~ the time of application for renewal, does not have a managing partner ~ho is a resident of the T~in City Eetro-, politan Area. _ (n) ~o, in. the case of a corporation, goes not hav~ a manager ~ho is a resi- dent of the Twin City Eetropolitan Area at the t/~e of renewal. (o) No person shall o~ an. interest in more than one establish~ent or business ~ithin Columbia Heights fo~ which an on sale license has bo~n granted. ~.503(10) : Places ineligible for license are as follows: (a) No license shall be granted, or renewed, for operation on any premises, on which ! taxes, assessments or other financial claims of the City or of the State are due, 973, _ ~./23/8~[ delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. - 177 - (b) ~o license shall be issued for the premises o~ned b7 a.person to whoa a license may not be granted under this ordinance, ezcept any o~ner who is a m/nor, alien, or a person whq.has been convicted of a crime other than a violation of Ninnesota Statutes, Sections 360.07 through 360.39. Provided, however, that no'such person may have a financial interest in the operation of the business at such location. (c) No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floo~ area of 3000 square feet or for a hotel that does not have · dining area open to the general publi~ with a total minimum floor area of 2000 square ~eet. (d) ~o license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. (e) ~o license shall be granted for any hotel or restaurant building, the nearest point of 9hich building structure is within 200 feet of the Ord. 973, center of the ~ain or front door of a church measured in a straight elf. 11/23/81 line. A church shall have only one main or front door for the purposes of this chapter. The erection of a church ~rlthin a prohibited area or a change of location of amain or front door~ after an original appli- cation has been granted~ shall not, ~n and of itself, render such pre- mises ineligible for renewal of.the li/ense. ~o license shall be granted for any hotel or restaurant building, the ~earest point of which measured in a straight line, is vithin 300 feet of · school building. Ord. _~:'f. ] A building housing a post secondary school is not a school building within L3/84 the meaning of this ordinance. (f) ~o license shall he issued for premises other than a'hotel or res- taurant. Drd. 93~ (g) el. 12/2~'80 No license shall be granted for any premises which does not have a sprinkler system. .5.503 3rd. 972. ~ff. (11) Conditions of license shall be as follows: ~very license shall be granted subject to the conditions of the following su~divislons and all other subdivisions of this ordinance and of any other applicable ordi~ance of the City or State law. The license shall be posted in s conspicuous place in the licensed establisl~ent a{ all times. - 178 - CIT~ COUNCIL LETTER Meeting of: July 25, 1994 AGE~DA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 CITY MANAGER ~ APPROVAL ITE~: NATOA CONFERENCE- I MANAGER DATE DATE NO: 7 Each nati regu conf rule Moni Year, the National Association of Telecommunications Officers and Advisors holds a ~nal conference. The conference provides an opportunity to learn more about cable lation, legislation, technology, municipal programming and franchise administration. This ~rence is particularly timely due to the passage of the 1992 Cable Act and subsequent FCC and regulations, and the City's certification as a rate regulator. ~s are budgeted for this conference in the cable budget. RECOMMENDED MOTION: Move to authorize the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to ge held in Sparks, Nevada, from September 18-21, 1994, and that all related expenses be reimbursed from Funds 225-49844-3105 and 225-49844-3320. (:OUNCIL ACTION: 'r.-ATURED F-VENTS 9th Annu al Governm, :nt 'rogxamm ing Awar&, ,trie~. are up, excite- ,l is I~igh! Cow rnment ~-amrners are "going 'he gold." The revised :ing criteria atd new :ing s. tes will d ~finitely '~ up the com],etition. . nobce of th~ newly cned plaques. ~ Vill this -ur city's "B~ nanza" '' Plan to ath nd the .ual Awards I anquet Wednesday e ~ening ~atch a glimps: of the I,~overnment p: ogram- ~ in the natio t. Who 'hit !he mothl r lode" >ring back ~e well ,ed ~'iches their ,'[and? NATOA ~,nnual G )If Ibumam, nt '~' loe L~posa ,~ your fellow ,~ttend~s on I ;unday, · mb~ 18 for an 18-hole, ~in's Choice I~ ramble) vear~s "team-t ailding t' [.roved to I.~ very ,rdin~, and fun for all. year 1he Lapo~ ~ be held at on~ o~ the ~ var~ par 72, nunici- ,, owned Ros :wood ~ re will ~ a ~, hotgun at ~t:00 a.rn, with - port,lion sch ~duled ,!>art trom the qugget ~,,d to 40 parl cipants per player, wi ich in- es go~n ~, ~ ~r~ and ,dtrip tmn~po~ ttion. hal d~tails, in :luding h option~, elul, ~,L~tra0on pc :edums 'eing worked out. If , re interested in par- ~ng" ~xpenena ~ ,. the |De Lapo~; ~,n your registration Additional r~ ~t~ria]s v,e forwarded to you · Should yo~t have OhS, please c~ 11 Fred ~! at .rO3/629q~ 34. See ,n the green! ' D(mations b Ceded! \TOA is plato ing an 'ng to,file at thi year's I items for th! raffle your jurisdk :ion or fization that w )uld be live and fun o win. ,, call Tom Rob nson at 721-0653 fol more Register Eat Iy a~i[d Save! '~TOA membe s who ,' ark their full confer- ~egistration by %.ugust , save 5% o~, er last - early rates. 'o ·take , tag~ of these s ~vmgs, · eta and mail i he ~g- ~3n forrn balD',* PROGRAM SUNDAY. SEPTEMBER 18 7:30 a mJOE LAPOSA OPEN 1 :t'~l pm NATOA BOARD OF DIRECTORS' MEETING 1 :t'~3 p m - Exhibitor set up 6:00 pm. hC(l pm - EARLY REGISTRATION 4:00 pm l:lX) pm. - CONCURRENT EDUCATIONAL 400 p.m.SESSIONS Al An Ox,erview of Rate Regulation and Creating Effective Joint Powers Agreements B) The Many Faces and Challenges of Government Programming C) Introduction to Cable/ Telecommu nica tions/ Multimedia Technology 7:(1~ p.m - EARLY REGISTRATION 9:00 pm.Local Host Information Booth 7:.'~3 pm STATE CHAPTER PRESIDENTS' DINNER MEETING (invitation only) MONDAY, SEPTEMBER 19 8:00 a mREGISTRATION 8:~1 a.mEXHIBIT HALL OPENS 8:~1 am. - EXHIBIT HALL 5:0(I pm. 8:30 a.m. - CONTINENTAL BREAKFAST -- q00 am. Exhibit Hall q:0() a.m - OPENING GENERAL SESSION 10:00 a.m. ''Telecommunications Bonanza: Exploring the Horizons" 1015a.m. - GENERAL SESSION 11:45 a.m "Telecommunications Bonanza: Legislative and Legal Signposts" 12:00 pm. - NATOA WELCOME LUNCH 1:15 p.m. P~sldent's Award for Chapter Excellence NATOA Ovation Awards l:lSp.m - EXCLUSWE EXHIBIT TIME 2:00 p.m. 2:00 pm. - CONCURRENT EDUCATIONAL 3:15 p.m. SESSIONS A) Rate Regulation -- The Basics; Forms; around Reno and Sparks, contact the Reno- Sparks Convention and Visitors Authority at (702) 827-7600. NATOA is grateful to our Sponsors and Exhibitors for their support. Such under- writing helps keep registration fees afford- HOTEL TELEcOMMuNICATioNS- ~ RENO-SPARKS, NEVADA SEPTEMBER 18-22, 1994 ]:15 p.m. - 2:30 p.m. CONCURRENT EDUCATIONAL SESSIONS A) Regulation -- Renewals and Transfers -- Incentives and Disincentives in a Re-regulated ~brld B) Programming-- Preventive Maintenance Tips to Keep Your Facility Running Smoothly C) Technology-- What's the Traffic Going to Look Like on the Info Superhighway? 2:45 p.m. - CONCURRENT EDUCATIONAL 4:00 p.m. SESSIONS A) Regulation-- Defining the Local Role Over Technologies Competing With Cable TV B) Programming-- Avoiding the Detours, Curves, and Roadblocks Along the Super Highway C) Technology-- Consumer Electronics, Cable TV, and The FCC -- Compatible Never or Forever? 4:00 p.m. - RECEPTION 6:00 p.m. Hosted by Exhibitors EXHIBiT HALL EXCLUSWE EXHIBIT HOURS SCHEDULE WEDNESDAY, SEPTEMBER 21 8:00 a.m. REGISTRATION 8:00 a.m· - EXHIBIT HALL OPEN 3:30 p.m. 8:30 a.m. - CONTINENTAL BREAKFAST -- 9:00 a.m. Exhibit Hall 9:00 a.m - CONCURRENT EDUCATIONAL 10:30 a.m. SESSIONS A) Regulation -- Customer Service Standards -- Local Empowerment and Consumer Protection B) Programming-- Roadmaps for the Student Driver C) Technology-- Out of the Blue & Down to Earth: Telecommunications Applications Your City Can Use Today 10:45 a.m.- CLOSING GENERAL SESSION 12:00 p.m. ''Telecommunications Bonanza: A Pot of Gold at the End of the Rainbow?" 12:15 p.m. - NATOA VOTING MEMBERS ONLY 1:15 p.m. LUNCH (Discussion of Strategic Plan) Open Lunch for Non-members and Non-voting Membem 1:30 p,m. - ANNUAL BUSINESS MEETING 4:00 p.m. 1:30 p.m. - VIDEO SHOWCASE/VIDEO 4:00 p.m. PROGRAMMERS ROUNDTABLE 3:30 p.m. EXHIBIT HALL CLOSES 6:00 p.m. NO HOST/CASH BAR RECEPTION 6:45 p.m. - ANNUAL PROGRAMMING 9:00 p.m. AWARDS BANQUET Announcement of NATOA Member of the Year THURaDAY, SEPTEMBER 22 9:00 a.m. - OLD & NEW NATOA BOARD 10:00 a.m. MEMBERS' BREAKFAST 10:00 a.m. - NATOA BOARD OF DIRECTORS' 2:00 p.m. MEETING *Note: Program schedule is preliminary and subject to change· Plem note that wt flyin~ in ~nd out of R, Newd~, there ia no Sa day night atayover quired ~or reduced airf NATOA has sele~ Delta Air Lines, Inc,, World Travel Partner, the official air carrier ~avel agency for the ~ NATOA Annual Con ence, Delta is offering ~ cia] discounted meet fares. To take advantag, these savings, travel [~ found- trip from anywl within the US. and o~ ,- Coni~etence attend !!:'haV~ tttto ,se~y~ to se, 7;~n~/~ l~lt~ OR w t 'Bt 1-800-241-6760 from %.~a.m.-$l:00 p.m., Easl ~llme;. daily. Re,er to ~Num~. JiZ2S when n ~0~0,.'~!-2~74 within ~I!~J~htngton DC m~ ' se~ a~a NA~OA ~nf~ · ,: ~ . ,, ~,~,~ · ~:~41x~ m'~a~ hour end NATOA 1994 ANNUAL CONFERENCE TELECOMMUNICATIONS BONANZA September 18-22,1994 Reno/Sparks, Nevada John Ascuaga's Nugget Sparks, NV Return this form with payment to: NATOA Conference Registration Center Dulles International Airport ED. Box 17413 Washington, DC 20041 Phone (703) 318-0700 Please print or type: use separate form for each person. Name lltle Address City State Zip Phone Fax *If registering as a NATOA Agency Member, please name voting delegate for Annual Business Meeting: [] Check here if this is your first NATOA annual conference. [] Check here if you plan to play in the Joe Laposa Open. [] Check here if your spouse/companion will be attending, please name them below (NOTE: If you wish, you may purchase extra social and meal funcaon tickets for this person):  lf you have dietary or other spatial needs, please attach a separate sheet describing your requirements. Cancellation letter must be received by September 12, 1994 and all cancellations are subject to a $50 cancellation fee. No refunds made after September 12,1994. REGISTRATION FEES FULL CONFERENCE (includes I ticket to each social and meal function) NATOA Member $300 $315 $380 $ _ Government Rate $365 $380 $450 $ All Others $455 $470 $540 $ _ ONE-DAYREGISTRATION Circleone: Mon. Tues· Wed. (includes I ticket to each social and meal function for that day onh NATOA Member $145 $175 $205 $ Gnvernment Rate $160 $190 $220 $ All Others $190 $220 $250 $ EXTRA SOCIAL AND MEAL FUNCTION TICKETS (tickets will not be sold at the conference) Monday-- Lunch $ each at $30 $ Monday-- Reception $ each at $25 $ __ Tuesday -- Lunch $ each at $30 $ _ Wednesday-- Awards Banquet $ each at $40 $ __ TOTAL $ __ CREDIT CARD AUTHORIZATION CardType: ~MasterCard ~Visa Card Number Expiration Date Card Holder Signature Date The NATOA Conference Registration Center is authorized to use I above card to apply towards the registration fees noted on this fora NO TELEPHONE REGISTRATIONS OR CANCELLATIONS WILL BE ACCEPTED.  THE NATIONAL ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND ADVISORS September 17-24,1994 Name(s) Q NAME: GNAT( No. of Guests No. of Rooms  R EGI ST R AT I O N Address [] Tower Single ($85 + 8% Washoe County room tax) , . [] Tower Doub e ($85 + 8% Washoe County room tax) aKe reservations today by calling John Ascuaga's Nugget at Ci~./State/Zi_ ~ ......... I-~C~3-648-1177 In Nevada: 702/356-3355. Request ,Q NAME: po req . G~ATOA" for the NATOA room block. The rates noted are good $10 per night for each additional person. fromm September 17 to September 24, 1994. REMEMBER: No ArrivalDate__ Arrival Time Saturday night stay-over is required for air travel in and out of DEPOSIT AMOUNT: $__ Re~,o.., ........ , Departure Date No. of Nights__ Please return th s form w th one night's deposit or credit IAGE1 NO: ITEl Buil NO: CITY COUNCIL LETTER Meeting of: 3uly 25, 1994 {DA SECTION: Communications 7 [: ICB0 Annual Conference for .ding Inspectors ORIGINATING DEPT.: Building Inspections BY: Evelyn Nygaard_~k..~ DATE: July 21, 1994 CITY MANAGER APPROVAL Each year the International Conference of Building Officials holds an annual meeting to review and revise the Uniform Building Code. This years conference is very important as the Uniform Building Code is being revised greatly looking toward a National Building Code that would include the I_nternational ~onference of ~uilding 9fficials, ~ouncil of _America ~uilding ~fficials and the ~outhern ~uilding ~ode. The 1994 Uniform Building Code has been expanded to three volumes instead of one. The format has been completely revised and the tables will now be provided in metrics. Monies are budgeted for this conference in the Protective Inspection budget. RECOMMENDED MOTION: Move to authorize the attendance of Evelyn Nygaard, Building Inspector, at the Annual ICBO Conference in Indianapolis, Indiana from September 11-16, 1994 and that all related expenses be reimbursed from Funds 101-42400-3105 and 101-42400-3320. CO NCIL ACTION: CITY OF COLUMBIA HEIGHTS AUTHORIZATION REQUEST FOR CONFERENCES, WORKSHOPS, SCHOOLS AND SEMINARS This :ompleted form must be presented to the City Manager by the Monday preceding the regular Council Meet ing for approval of attendance. DATE OF REQUEST: 7/20/94 NAI~[EOFACTIVITY.' ICBO Annual Conference (~ransportation~ meals~ (registration, ai flare) ESTIMATED COST: $1,450 ACCOUNT #: 101-42400-3105 & 3320 BUDGETED FOR: X yES ~ NO SUFFICIENT FUNDS REMAINING: X YES NO NAI~IE OF INDIVIDUALS ATTENDING: Evelyn Nygaard wHEN: September 11-16, 1994 WHI~iRE: Indianapolis, Indiana PUR POSE OF EVENT: Annual code review and revision. This year the meeting comprises an all education focus including disaster mitigation, metrication~ 1994 UBC update, total revision of the Uniform Building Code - moving toward a ~ational Bldg. Code includin9 ICBO, CAB0 and Southern Bldg. Code, Council of American Building Officials. HO~/WILL THIS ACTIVITY HELP YOU AND/OR YOUR DEPARTMENT'?. I PLEASE ATTACH ANY BROCHURES OR INFORMATION RELATED TO THIS EVENT. SIG qATURES: ~ /~ ^ /~/ - 7 (~ DIVISION HEAD DATE IF REQUIRED, APPROVAL BY CITY COUNCIL: DATE I Upton approval by the City Manager, or City Council (if applicable), a copy of this form will be submitted to the Fin~mce Department and appropriate Division Head. This form is not a registration form or a request for pre- reg] stration monies. 07/1,~/92 pl ti, Building Classification ~his short course program will address the essential ~visions of the U.B.C. that relate to building classifica- a. Topics to be discussed include: · Occupancy groups · Classification criteria I· Definitions  M ixed occupancies Construction types · Exceptions to Table 6-A Fire-resistive Assemblies Many important code provisions involving fire-resis- ye construction and assemblies will be addressed in this ,tensive short course. Topics include: · Fire-resistive assemblies · Definitions · Standards and testing · Calculating fire resistance · Protection of openings Metrication 3ee discussion under General Category: Administration Means of Egress See discussion under General Category: Inspection U.B.C. Span Tables See discussion under General Category: Inspection 1994 U.B.C. Update-- Inspection and Fire- and Life-safety Provisions See discussion under General Category: Inspection Special Occupancies This short course is designed to enhance the particio pant's understanding of specific design considerations for the special elements and occupancies denoted in the U.B.C. Program topics include: · Covered mall and high-rise buildings and atriums · Definitions · Sprinkler and standpipe systems · Smoke control · Exit requirements · Standby power Prestressed Concrete See discussion under General Category: Inspection Concepts of the 1993 National Electrical Code See discussion under General Category: Inspection Columbus, Indiana The city of Columbus, Indiana, features over 50 public nd private buildings, each reflecting the creativity and ngenuity of the individual architect. The city contains he most concentrated collection of contemporary archi- ecture in the world. Pritzker Prize-winning architects vho have designed buildings in Columbus include ~ichard Meier, I. M. Pei, Kevin Roche and Robert ¢'enturi. iA three-hour guided bus tour is available for those ndividuals interested in architecturally unique structures mad buildings. The tour will also include a 30-minute slide show. Buses for this tour will depart from the Westin Hotel at 10:00 a.m. on Wednesday, September 14, and return at approximately 5:00 p.m. that evening. An additional registration fee of $20.00 is required for this exciting tour. Since bus seating is very limited, it is highly advisable that you return your registration form, with the appropriate method of payment, as soon as possible. 11 Hoosier Dome Tour A behind-the-scenes tour of the Hoosier Dome, a 60,500-seat facility with an air-supported domed roof rec¢ try': hay U.[ hen des the cha niq val~ an¢ sit rel= To U.B.C. Span Tables 'he allowable stress tables located in the U.B.C. have ntly been revised to reflect data obtained from indus- : "In-grade" Testing Research Program. These changes : ge,nerated several revisions and additions to the i.C. s span tables. The new span tables are compre- sive documents taking into account many different gn considerations and are prepared in a manner ch will assist the inspector and/or plan reviewer in r daily tasks. This short course will discuss these nges in detail and will offer the attendee the opportu- 'to explore how the changes to the allowable stress Les affect allowable spans for ceiling and floor joists rafters. ty edt ins C~ tu! un 1994 U.B.C. Update-- Inspection and Fire- and Life-safety Provisions 'his program will focus on thc changes to thc provi- is be~veen thc 199! U.B.C. and 1994 U.B.C. that te to the areas of inspection and structural design. tics to be discussed include: Allowable stress values for lumber Accessibility Strength design method of masonry structures Updates to the latest Building Code requirements for design and construction of concrete and steel buildings Reinforced Concrete ['his short course addresses the fundamentals of quali- :oncrete in the field and provides a working knowl- ;e of the basics of quality concrete construction and ~ection practice. The subjects addressed in this semi- are found in the construction requirements of U.B.C. ipter 19 and in the various American Concrete Insti- e and American Society for Testing and Materials doc- tents that regulate concrete materials and construction. Fhe short course topics include: Materials for concrete Fundamentals of freshly mixed and hardened concrete · Batching, mixing, transporting and placing concrete · Field testing freshly mixed concrete · Special topics (hot and cold weather concreting, curing concrete, slabs on ground) · Details and detailing of reinforcement Prestressed Concrete This one-day seminar addresses the construction and inspection requirements for both pretensioned pre- stressed (plant-produced products) and posttensioned structures. The seminar is tailored for individuals who perform prestressed concrete construction inspections. Since this seminar provides fundamental training in the special field of prestressed concrete, seminar participants should have a working knowledge of the basics of general concrete technology. Course topics include: · Basics of prestressed concrete · Methods of prestressing--pretensioning and post- tensioning · Field procedures for posttensioned construction Concepts of the 1993 National Electrical Code This session is intended for building officials and others who use the NationalElectrical Code® (N.E.C.®) but do not have an extensive knowledge of or experience with the code. The discussion will include an overview of the purpose, background and development of the N.E.C. (the development process is quite different from that 'of the building codes). Several recent changes and code change proposals will be reviewed, as well as the reasons for the changes. Topics to be included are: · An introduction to the arrangement of the code · The code change process · Background of several recent code changes · Applying and enforcing code provisions by the "authority having jurisdiction" · Understanding and interpreting the intent of the code 10 Metrication See discussion under General Category: Administration Alternate Methods and Materials of Construction See discussion under General Category: Administration Ad199. 4. U.B..C.. Update--Code m,n,str.at,on an.d .Structural Des;gn Prov;s;ons See discussion under General Category: Administration Wind and Earthquake Forces This intense short course will assist the attendee in understanding how wind and earthquake forces are resisted by buildings and structures and how they are determined in accordance with the provisions of U.B.C. Chapter 16. Several problems, along with their solutions, will be discussed during the program presentation. 1994 U.M.C. Update See discussion under General Category: Administration 1994 U.F.C. Update See discussion under General Category: Administration Residential Steel Framing An introduction to residential framing systems using old-formed steel framing will be presented, including a ,rief history of cold-formed steel framing; current code ,rovisions; typical fasteners; and typical assemblies for ire resistance, sound attenuation, and thermal and mois- ure resistance. Simplified Engineering This short course focuses on the simplified and ~pproximate method of structural engineering. The pro- ~ram material has been organized in a format that will ~enefit those attendees with less than a complete training tn structural engineering. Inspectors attending this semi- nar will gain a general overall sense of the structural needs of the building and the code provisions associated with these needs. Metrication Means of Egress The main provisions involving exiting systems as set forth in the U.B.C., including individual exit compo- nents, will be addressed in this short course. The short course topics include: · Exit definitions · Determination of occupant load · Maximum occupant load · Number of exits and related exceptions · Exit width · Arrangement of exits · Distance to exits · Exit door requirements · Exit corridor provisions · Code provisions for stairways and ramps · Specific exiting requirements for Groups A, E, H and I Occupancies See discussion under General Category: Administration T the Um · · · · 1994 U.M.C. Update ~is fast-paced short course will explore the changes to ',ode provisions that have occurred between the 1991 '"orm Mechanical Cod, gu (U.M.C.) and the 1994 i.C. Items for discussion will include: Refrigeration cooling towers Ventilation requirements for commercial kitchens Appliance clearances and access requirements Elimination of smoke detectors in return air ducts Duct encroachment and fire-resistive coatings 1994 U.F.C. Update Numerous revisions have been incorporated into the 1994 Uniform Fire CodeTM (U.EC.). The discussion in this short course will include: · Mechanical refrigeration · Compressed gases · Flammable and combustible liquids · Hazardous materials · High-piled combustible storage · Aboveground storage tanks for motor vehicle fuel-dispensing stations Fire Hazard Modeling I~esigned for potential users of the new risk assessment method, this short course will acquaint attendees with the ~nethod's capabilities and limitations. Highlights of FPO MEworks' capabilities include: · Estimating how fire fatalities might change if a product's fire performance characteristics are changed · Comparing the life safety of similar or different furnishings in the context of their use in specific occupancies · Combining Hazard I fire modeling, fire test data, real life incidence data and statistical risk analysis · Employing rigorous, comprehensive scenario-driven risk analysis techniques Fi L~vlEworks, combining traditional methods with pow erful new modeling techniques, can be a potent tool for naking better-informed decisions concerning the fire risks °fan interior building product. ! Architectural Applications l~eveloped specifically for architects and designers who use lhe U.B.C., this short course focuses on a review of the ~lesign options addressed in the code. This program will also provide valuable information regarding code regulations and their impact on site and building design. Participation in this program may help you identify available design options, locate additional information to assist you with the 1994 U.B.C., and discover how to use the U.B.C. more efficiently and advantageously. Topics include: · Site grading and its relationship to construction type, allowable floor areas or sprinkler system requirements · Determination of the minimum type of construction required · Calculation of fire resistance when a tested assembly is not used · Use and acceptance of alternate materials and methods · ICBO and its resources · Suggestions to improve the plan review experience U.B.C. Administration and Philosophy See discussion under General Category: Administration Education Program Seminars Disaster Mitigation Developing a disaster mitigation plan for a building epartment can be an overwhelming task. This session dll assist attendees in identifying areas where guidelines ~r disaster mitigation should be developed. By identify- ~g areas of importance, disaster mitigation plans, includ- ~g contingency plans which may address unforeseen ,roblems, can be developed to ensure successful manage- aent of a disaster. Special Inspection and the Building Official Emphasizing the value of a special inspection program o building officials of both small and large jurisdictions, his course will discuss the technical aspects of special nspection, the advantages of obtaining expertise from ,utside sources and organizational liability. Technical and ~dministrative guidelines on how to set up a special nspection program will be covered, and handouts will nclude information on inspector discipline and contrac- ual agreements. U.B.C. Administration and Philosophy This short course focuses on the basic philosophy of be code and the practical apphcauon and use of the }dministrative provisions of Chapters 1 through 3 of the Uniform Buil, tinx Co,le TM (u.13.c.). Metrication This program has been designed to assist participants in the use of metric units of measurement. Items to be discussed include: · The necessity to use metrics for world exports · Overcoming the psychological ba}riers to metric change · Learning metrics by association, not conversion · Standards of drafting, design changes and universal symbols Alternate Methods and Materials of Construction A panel of practicing architects and code consultants will discuss the benefits derived by the use of the code provision on alternate materials and methods of con- struction. Case studies will demonstrate how building owners, building officials and architects can benefit by using this provision. Panel participants will be members of the Building Performance and Regulations Committee of the American Institute of Architects. The panel will include Perry Haviland, FAIA; John Stevenson, AIA; and Steven Winkel, AIA. 1994 U.B.C. Update--Code Administration and Structural Design Provisions This short course will focus on the changes to the pro- visions between the 1991 U.B.C. and 1994 U.B.C. that relate to the areas of code administration and fire- and life-safety design. Topics to be discussed include: · Occupancy dassifications · Exiting · Allowable stress values for lumber · Accessibility · Smoke control · Plumbing fixtures · Ventilation rates 7 Staffing and Budgeting Join this entertaining, upbeat afternoon session on staffing and budgeting for a good dose of information tailor-made for the local building official: fun, fast-paced and so practical that you can use what you learn tomor- row! Ron Lynn of Clark County, Nevada, who manages over 1,500 inspections per day, will teach you if stafflng is or isn't a product of budget. Find out how to get the budget you need from a team whose budget is the busi- ness of over 5.6 million customers. It's all in how you package your department, and who you utilize to market the package. See you there! SalTle Indianapolis, Indiana · September 11-16,1994 aompanlon s name Last First Last First All buses/vans load at the Westin Hotel ~onference Registration Full Conference Attendee: $325.00 Companion: $225.00 Includes Sunday, Wednesday and Thursday night functions, Monday continental breakfast and reception, and Monday through Thursday luncheons. Late Registration (After August 1, 1994) Add $30.00 Attendee: $355.00 Companion: $255.00 Half-Day Pass $40.00 (per day) Half-day educational passes will be available at the ICBO office located at the Hyatt hotel. )reconference Activities Bus Departure/Return Conner Prairie Pioneer Settlement Saturday, 11:00 a.m. - 5:45 p.m. Tour Indianapolis/Winery Saturday, 10:00 a.m. - 5:45 p.m. Sporting Venues Saturday, 10:30 a.m. - 5:30 p.m. Historical War Memorial Tour Saturday, 1:00 p.m. - 4:00 p.m. Discover Brown County Saturday, 9:30 a.m. - 6:00 p.m. 3porting Events Golf at the River Glen Country Club Sunday, Bus loads at 6:00 a.m. Transportation needed Yes No Golf Club Rentals Right hand Left hand Average Score (Deadline for registration is August 1. First-come, first-served, 160 Tennis Sunday, Vans load at 8:30 a.m. Singles Shirt Size(s) S M L XL Doubles Shirt Size(s) S M L XL Fun Run Tuesday, Bus loads at 5:30 a.m. Shirt Size(s) S M L Men's Division, Run Women's Division, Run [~[ Open (under 50 yrs.) [~[ Open (under 50 yrs.) [~[ Master's (50 yrs. or over) [~ Master's (50 yrs. or over) Fellowship Break.st Wednesday, 6:45 a.m. Off-Site Specialized Tour Columbus, Indiana, Wednesday Attendee $. $. $ Companion $. $44.00 ea. $ $ $54.00 ea. $ $. $43.00 ea. $ $ $23.50 ea. $ $ $41.00 ea. $ $. $45.00 ea. $ $ $10.00 ea. $. $ maximum.) $18.00 ea. $ $ $18.00 ea. $ $ $18.00 ea. $ $ Men's Division, Walk Women's Division, Walk [~[ Open (under 50 yrs.) [~ Open (under 50 yrs.) [~[ Master's (50 yrs. or over) ~ Master's (50 yrs. or over) $14.00 ea. $ $ $20.00 ea. $ $ Total Amount Disdaimer: I (we) the undersigned have been warned that I (we) must be in good health to participate in the above sporting events and do not hold ICBO responsible for any and all injuries which may be suffered in connection with said event. Signature Date Companion Signature Date 5/94 Pleas~ Plea~ $'ame Title Jurisdict Business Conference Registration Form Indianapolis, Indiana · Sunday, September 11-Friday, September 16, 1994 complete this form and send with fee to ICBO headquarters as soon as possible. International Conference of Building Officials 5360 Workman Mill Road, Whittier, CA 90601-2298 · (310) 699-0541 Registration fee $325.00 Registration fee after August 1, 1994 $355.00 Companion's registration fee $225.00 Companion's registration fee after August 1, 1994 $255.00 complete the following exactly as you wish it to appear on your badge. Nickname for badge (A name is required~blank badge~ will not be i~ued.) on/company address Street Telephone No. ( City ) Hame az [dress (for roster) Streex City State Zip Code Compan ion's name (if'attenc ing) Is this y~ NOTICE Zip Code MethOd of Nickname for badge ur first ICBO conference? Yes [~ No [~ Is this your companion's first ICBO conference? Yes [~ No [~ Pursuant to the Americans with Disabilities Act, please describe here the type of auxiliary aid needed by you or your companion: (Attach additional sheet if necessary.) payment. NOTE: Please do not combine payment with other ICBO invoices. ~urchase Order No. 2heck or money order vlasterCard [~ VISA Card No. Total Payment I (From Activities Registration Form) $ Nam, as it appears on card Exp. date (required): __ / __ PL.EAS,E ~O.TE: R.eg~tration fees.include all functions listed in the program except the special preconference events, sports activities, fellowship breakfast and the opuona~ or~-s,te spec,al,zed tour wNch have separate registration forms. Fees must be postmarked by August 1, 1994 in order to obtain the early reg istratior~ discount. REFUND POLICY: If the request for a registration fee refund is received in the ICBO office at least two weeks before the conference, 100 percent of the fee will be reft nded. Ii: the rec uest for a refund is received at ICBO headquarters office five days before the conference, 50 percent of the fee will be refunded. No fees fill be refunded if the request is received within five days of the conference. Hote Hyat West For Plea Chec Any, cai'lc( Indianapolis, Indiana · September 11-16, 1994 Hotel Reservation Form room reservations are being handled by the Indianapolis Convention and Visitors Association. Single Double Triple Quad (1 per/1 bed) (2 ppi/1 bed) (3 ppl/2 beds) (4ppi/2 beds) Regency $98.00 $98.00 $108.00 $118.00 n Hotel $99.00 $99.00 $109.00 $109.00 rite information, please contact the hotels. note--phone resevations CANNOT be accepted. Mail or fax reservations no later than August 6, 1994. ks should be made payable to the ICBO Housing Bureau. All major credit cards are accepted. :hanges or cancellations must be made directly with the hotel. Deposits are refundable only with a 48-hour :llation notice. Nam Addt City List ess Company/Jurisdiction Hot{ first- Type State Zip Code Day phone ( ) lame(s) of all room occupants I. 3. 4. choice: Mark hotels in order of choice, first (1) and second (2). Room assignments are based on a first-come, :rved basis. Hyatt Regency of room desired: Single d Date Westin Hotel Double Triple Quad Arrb Departure date ~EICE: PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, PLEASE DESCRIBE HERE THE OF AUXILIARY AID NEEDED BY YOU OR YOUR COMPANION Guarantee late arrival by credit card. (NOTE: Reservations will be held only until 6:00 p.m. unless special arrangements are made directly with hotel.) If a ~redit card is being used to secure a room deposit, please fill out the following information. Typ, Nan tion of card e as it appears on card Expiration date Card number :n completed, mail the bottom of this form with the deposit to ICBO Conference Housing, Indianapolis Conven- and Visitors Association · One Hoosier Dome, Suite 100 · Indianapolis, IN 46225 · FAX (317)684-2492 CITY COUNCIL LETTER Meeting of: July 25, 1994 NDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: 7 CITY MANAGER'S M: APPLICATION FOR ONE TIME GAMBLING REQUEST BY HIAWATHA ACTIVITIES COUNCIL, INC. 7 E BY: C. BLOWERS DATE: 7-22-94 CITY MANAGER' S APPROVAL DATE '..._ ':'/~' ~- " Atta to c Conc reso Mana RECO Char obje at t 10 thi ched is an application from the Hiawatha Activities Council, Inc. seeking authorization onduct a one-time bingo event on September 10 and 11, 1994, at the Church of Immaculate eption, 4030 Jackson Street N.E. Since the organization satisfies the City Council's lutions regarding one-time charitable gambling and has paid the $25 permit fee, the City ger recommends the following action. MMENDED MOTION: Move to direct the City Manager to forward a letter to the State itable Gambling Control Board indicating that the City of Columbia Heights has no ction to a one-time bingo event to be conducted by the Hiawatha Activities Council, Inc. he Church of Immaculate Conception, 4030 Jackson Street NE, Columbia Heights on September nd 11, 1994; and furthermore, that the City Council hereby waives the remainder of the ty day notice to the local governing body. :OUNCIL ACTION: LG22 ¸Nm Se Bi~ Ra~ Pa~ Pu Chi~ City TI~ pti ) ~,03) Minnesota Lawful Gambling Application for Authorization for Exemption from Lawful Gambling License RII in ~he unshaded portions of ~is applica#on for exemption and send it in at least 45 daye before your gambling acbvity for processing. ~atha Activities Council Inc. Current/previous license numl0er FEE INIT FOR BOARD USE ONLY CHK DATE / Current/previous exempt number City State Zip code County ~2nd St. & ~3~d Ave. S. Mpls., MN 55406 Hennepln Executive Olflcor Daytime Phone Number Treasurer Daytime Phone Number :hael R. Collins (619 788-9351 Ann Johnson {512)729-8262 ,e o% No"'ProJ~t orgardza~o. ~ ~ ~ rock the box below which indicate~ your type of organization Fraternal Veterans Religious Oltmr non.profit ~bling Site of sle where actlylty will take pla_ce naculate Conceptien Church 0 Jackson St. N~"Y'~(~i'~]~['~"~TgW~s 55~21 lan s) of activity (Ior reflies, indicate the date of the clrewing) ~tembe~ 10 & 11~ 19gL~ ?es of Gmnes Fin~nc[aZ Report F.~peftl~, Inciuding Colt of Prlzml Net Profit Check the box that indicate~ your proof of nonprofit ,tatu. amd attach a copy of Ute proof to the application. ~]IRS designation [] Cer'dfication of good standing from the Minnesota Secretary of State's office [] Affiliate of parent nonprofit organization (charter) Oro~ Recelp~ go [] ties [] :ldlewheels [] ~oards [] I-tabs [] =~clare all information submitted to the ,mbling Control Board is true, accurate, complete. fE~cutlve~ Offlce¢~ Signature Date ~al Unit of Government Acknowledgment Male, et Value of Pri~ (including Donltiorm mm c~$h) Xsu~utor from whom gambling equipment was purchased I (Mclare MI financial information lubmitted to the Gami:)ling Gontrc4 Chief E~ecutlv® Otflcer'a Signature Date received a copy of this application. This application will be reviewed by the Gambling Conlrol Board and will become effective 30 days Imm the date of pt by the c~y or courtly, unless the local unl of govemmenl passes & resolution to specifically prohlbll the activity. A copy of that resolution must be received Gambling Conlrol Board wilhln 30 days of the dale filled in below. Cllles of the liret ciass have 60 days In wflic~ to disallow the activity. or Coumy Town~hlp Township name forr~will b~ made ava~able alternative format (i,e, large braille) upon request. Signature o~ pemon receiving application Title Date Received Mail with $25 permit fee and copy of proof of nonprofit status to: Gambling Control Board 1711 W. Count')' Rd. B, Ste. 300 $. Roseville, MN 5511:3 Township is [] organized [] unorganized* [] unincorporated* * Attach letter White - Origina'] Yellow - Board returns to Organization to complete shaded areas I]I.'.~TR I [ F' 0 BO) CH I CAG[ Iti Fi.'}A II E 4 2 N[il MI NNEAI [,ear' A 13 s t a t e d ,? n U a I", Revert u, ~L REVENUE SERVi'CE :'l' DIRECTOR A-3290 DF'N 22-£ '~ IL. 60690 DEF'ARTMENT OF THE TREASURY FEB 2 2 1993 IA ACTIVITIES COUNCIL INC ST ANn 43RD AVE SO 'riLlS, MN Empl,',yer Identification Number: 41-1640869 Contact Person: MRS. Y. RILEY Contact Telephone Number: (312) 886-1275 Internal Revenue Code Section 501(c)(4) Accounting Period Ending: August 31 Form ~0 Required: Yos Addendum Applies: N ,:, ~pl leant: ~sed ,:,]', ini:ormal;ion suppl led, and assuming your operations Hi II be as ~ your application for recognition of exemption, we have determined exempt fl"Om Federal i~c,::,me tax u~)der section 501(a) of the Internal Code as an organization described in the section indicated above. U! less speci'fically e:,:cepted, you are liable for taxes tinder tile Federal Insurance C,:,ntribut:i,:,r,s Act (social security taxes) for each employee to Hhc~m y,:,u pa% $100 or mc, re during a calendar year. And, unless excepted, you are aisc, I~able 'f,:,r i.:ax ur, der 'the Federal Unempl,:,ynient Tax Act for each emplc, yee to, Hh,::,~l yc, u pay $50 ,:,r' mc, re during a calendar quaffer if~ duFin~ ~he CUFFen~ ,::,r pl-e~eding cale'nclar year~ you had one ,:,r more empl,:,yee~ a~ any ~ime in each ,:,f 20 ,taler, daF ~eel<s or you paid Hafles c,f $1,500 OF more in any calendar quart, e-. If you have any questions about excise~ employ~le~t~ OF other Federal taxes~ I operat c ha n ..ge · b i ,::,r, a I by I aris I Il 990, R 1i '.', F' I'ft 8 J mai I, I f y,:, u lO O.',( i n $2~ ,00 I m C, II t h is cha please address them t,:, tl',is off ice. y,::,ur' sources of support~ or your pm.[rp,::,ses, character, or meth::,d of on change, please let us knc, H s,:, He can consider the effect of the on your e):empt status. In tile case of an amendment to your or§aniza- doc. ument ,::,r bylaHs, please send us a copy of the amended document or Als,.'.,, you should inform us of all cha'n§es im your name or address. the heading ,:,f this letter He have indicated Hhe'bher you must file Form ~turn ,:,f Organi:~'.ati¢,n E>:empt From Income Tax. If Yes is indica'bed, you ~uired to, file F'orm 990 only if your gtc, sAs.receipts each year are ly more than $2r:;~000.. Hc, Hever~ if'YO~ rec~ve a Form 990 pacNage in ~he ~lease file the return even if you dc, not e>~ceed the gross receipts test. are not required to fi le~ simply attach'the label provided, check the the heading t,:, indicate that your annual gross receipts are normal ly ,:,r less, and sign the return. a return is required, it must be fi led by the 15th day ,:,f the fifth fter the end ,-,'f your annual acc,:,unting period. A penalty c,f $10 a day riled Hhen a return is filed late, unless there is reasonable cause for Letter 948(DO/CG) iHIANATI the d.*., cent o c ,:, m p I e' sub jet' If you ? ,o O- 'l' ~ not de I ated If .]~i , t h a t n Revon ij.i E: ')/,:,tlr d, d a t e O izat i,:,' fundra C C, I1 S J:} i , ,3 f" ,.? n '[his p !¢10 r Ilia J 'ben pe ,-omp I y .IA ACTIVITIES COUNCIL INC lay. H,:,Hever', the m,.'~ximum penalty cl~arged cannot exceed $5,000 ,:.,r 5 per- your gross re,::eipts for the year, Hhichever is less. This penalty may . char'ged if a return is not complete, s,:, please be sure your return is :e before y,:,u file it. :,u are not required to file Federal income tax returns unless you are to the tax ,::,n unrela'~.ed business income under section 51:1. ,:,f the Code. ore subject to this tax, you must file an income tax return ,:,n Form Exempt Organization Business Income Tax Return. In this letter He are :ermining H. hether any of your present or proposed activities are unre- :rade or business as defined in section !513 of the Code. :,u need an emp over identification number even if you have n,:, employees. ~.mployer ident fication number Has not entered on your application, ~r' Hill be ass gned to yc, u and you Hill be advised of it. Please use ~mber ,:,n all returns you file and in all correspondence ~.~it'h the Internal Service. cempti,:,n under section 501(c)(4) is recognized as of September 16, 1970, te ,:,f format i ,:,n ,:,r incorporation, to October 2, 1992, the effective y,:,ur ex'erupt ion tlndor sect ion 501 (c) (3). .n,:,rs may n,::,t d,:-.,duct contributions t,:, you because you are not an organ- ~ described in secti'm 170(c) of the Code. Under section 6113, any ising solicitation you make must include an express statement (in a :tlOUS and easily recognizable format) that contributions or gifts to you ; deductible as charitable contributions for Federal income tax purposes. -ovisi,:,n does not apply, h,:,Hever, if y,:,ur annual grnss receipts are [y $100,000 ,:,r less, or' if your solicitations are made to no more than "sons during a calendar year. The lal.z provides penalties for failure t,:, Hith this requirement~ unless failure is due to reasonable cause. L I¢ i..,e have indic,',ted in the heading of this letter that an addendum applie~ the encl,:,sed addendum is an integral part of this letter. D,~cause this letter could help resolve any questions about your exempt status you should keep it in your permanent records. I' you have any quest i ,:,ns, please c,:,nt~ct the person Hhose name and teleph,,ne number are sh,:,Hn in the heading of this letter. Sincerely yours, iqarilyn W.. Day District Director I..otter 948(D0/CG) HIAWATHA ACTIVITIES COUNCIL, INC. 43RD AVE. & 42ND ST. MINNEAPOLIS, MN 55406 1801 PayTo CITY OF COLUHBIA HEIGHTS T~e o,',,er o,' FIRST BANK LAKE FIRST BANK NATIONAL ASSOCIATION 2800 EAST LAKE STREET RESOLUTION NO. 88- 42 BEING A P~ESOLUTION AUTHORIZING CERTAIN CHARITABI~ GA~BL~G F. XE~PTIONS IN THE CITY OF COLUmBIA HEIGHTS BE IT ~E$OLVED by the City of Columbia Heights that charitable gambling emptions will be granted to bona fide charitable organizations provided, however, at the following requireBents ·re Betl 1. The organization wishing to gamble obtains the per~lssion of the N~.esota Charitable gambling Control Board. The organization wishing to gamble obt·ins the pernission of the Colunbia Heights City Council. The organization wishing to conduct gambling has been tn existence in Columbia Betghts for not less than ten (10) years and is · non-profit organization as determined by the Internal Revenue Service and/or the Minnesota Secretary of State. Organizations wishing to gamble and have been in existence in Columbia Netghts for not less than ten (10) years will be granted five (5) exemptions per year. Organizations wishing to gamble, but have not been in existence in Columbia Heights for not less than ten (10) years will be granted one (1) exemption per year. The organization wishing to conduct gambling lust indicate the value of prizes by Category to be ·warded; such information shall be provided at the time of application. The organization wishing to gamble does not pay, and the proprietor of the licensed premises does not receive, rent in excess of $100.00 per event or other remuneration for permitting ~he galbling activity or device to be located on the licensed premises. The organization shall remit · non-waivable, non*prorated, non-refundable license fee based upon the following schedulel Class A and Class B licenses .... $100 Class C and Class D licenses .... $ 25 NOW, THEP. EFORE, BE IT P~$0LVED that this resolution shall take effect on July 1988, and shall replace Resolution 88-07. ssed the 9th day of Nay, 1988. 0 El. red Byt Peterson ~conded B7~ Petkoff ~11 Call~ All ·yes jlo-Anne Student,~Council Secretary Dale V. Hadtrath, Mayor CITY COUNCIL LETYER Meeting of: July 25, 1994 ~GEN DA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL FEM: License Revocation, Rental Property BY: Lowell DeMars ,~0r, BY:' ~O: i DATE: July 20, 1994 DATE: Revo reque The July As o: REC susp~ And~ :ation or suspension of a license to operate a rental unit(s) within the City of Columbia Heights is sted against Mr. Gerald R. Anderson regarding rental property at 5049/51 Jackson Street NE. ~roperty at 5049/51 Jackson Street NE has been in violation of the Housing Maintenance Code since ?, 1992. July 20, 1994, Mr. Anderson has not complied with orders written against the property. )MMENDED MOTION: Move to establish a hearing date of August 8, 1994 for revocation or asion of a license to operate a rental unit(s) within the City of Columbia Heights against Mr. Gerald R. xson regarding rental property at 5049/51 Jackson Street NE. 94_105 V CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Donald J. MI C~,uneilmen Sean T. Cler'. Brace G. Na Gary L. Pete Robert W. R City Manag Patrick Hem trzyn, Jr. bets in ;rocki 'son ~ettimann 3r }es TO: RE: Columbia Heights, MN 55421 Dear Tenant: Be advised that the dwelling unit in which you reside has been posted for violation of Chapter 5A of the City Code of Columbia Heights. You were commanded to vacate the building within 60 days. Please be advised that after the 60-day time limit expires and if you have not vacated the premises by .,,'~d~,o'f,F ,,~{.~ /~)2.,lyou will be charged with a misdemeanor and will be subject to a fine of not more than seven-hundred dollars ($700) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that you occupy the dwelling unit on or after dq.~?~,F..2r, /tc~ffwill constitute a separate offense for which you may be charged. Additionally, if you receive Section 8 rent assistance, your right to receive said assistance at that dwelling will be affected. If you have any questions regarding this notice or your Section 8 privileges, contact ANGELA SCI-[LENDER of the Housing and Redevelop- ment Authority at 782-2858. Sincerely, Charles Kewatt Columbia Heights Fire Department CK:cf "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER : .-. . --: -.. -� �. =:-;---;;:-_ ·--'--'•. (}8-::)3-1'9'�3 =.....,=:l0.il�i:.-la HeigritS Fir-e Deµcir :_:ii�·cii L 555 Mill Street N.E. �olumbia Heights, MN 500 BEALE STREET #.t;..12 .... .:.. ·-·' .;. -:::'. '··· ·-�--'' J. l , ._.,..,__._,, ._, .;;:-_ r··F;:., ·:c _-_;_ ,::::;;;;,_ ' ... :::.:.-._, .•• ,_ ·--·_._:;. •!'•:•:::-. ::::- .L .:.. ·::::-, __ f;:.'U .. '::::.�.=L.'l" ==. :.:::_ /l: :-:-, � ,,_ ..... , .... �..l... ::::.,u , . c; :.:.. l ; '·.-:.1 :::, -�-j_ 5049/51 Jackson Street NE j_· •• ,j_ '. -l '-'··-',,.:. ... , ... .-. --,-.,---Ln\i: .. i�rt�L.-: L-:.J.;.i�lJB -------···-,_:u-,;-;;:.,;; �\� . __ ,. ·, -.. _.,_, ... ,� ,. .. _. ,a. .. .. ,.i---. --.,- ;, .-. ..,-• :":c·. ;;,....,..,,...,';: :... , ·, ... :.;; '. ,-.,� ,._,_ ' -: ,. : :--. ; .-;· :..·:•::.. .:,;;;-. -:,· -- ;-, -,-,:· :,.:,._.;..,,'; .;.;;,_:;-, .... i.. ? z M r ;,., r � ._ . ._,__._;�-._. . -!-" ..,. -.. , . --- ' ,, .... ,,,' ,1.1:.' ___ : :-.. -. -.-,-.-.-. ::-:-, -:c._ ... ·,'';.:. ,,._.: .. :..,'·: -.-.---.. ---,, __ .; .. �_ - '-·i.. .,.,._ .:..' ·-· ':.. ·�:._, -·' VIGLATIQ\; .. • :-z ____ ... _, · · · -... · -!::.. ·.:' r,:,c i··-'; t ... : . ·:· .. · :... ... ---' i'.-,.·:.,;:,_.:i..,:'. -l .-� ·.· ih;:_,;MLL : -.; -'-. -._ __ !..;.--=; ·-::-·:· ... __ i ,_ ; .i.. i..i..;..' BASEt1ENT HHS IL .. ESA� ::rr;:,::,-..,. ;_.;_,.:;·,;.,'..:,, ' ; :;..;-.-.. --:-.:­i.. .i. :..': i; ;J:..,.._,:..,� o.n:r::...:... :..·. ::..,,, . ._, ,,.,!•,"#!··-.-.-, .,�;,:.::--,,: i;,<:;.,;..i.i..'::..- -., ,-,-,.. -: c:.-. :a:..ttt .d�b ., i -.,·-.· ..... - : ;_;;;:,:./,: ,,,_,;;,_..,,-�t,4-.'!-i_.L_,,�·,.:;: r,._;iLi.'i �'':..' •• _,._. ,a. : --··---·-;.: l.:::. : . ..:\ .-·.-·,\..!..;-,' :_: ... _ . ._ :,;. ... ---.--.,-.-:-.i.i,=·F;:"-,..,.. .. ..., :-, � .­.a., i....a.'.' '7-:. � · . .:. ·' �.a.'.· , .. ,::,,; {� .. -. ::: ;:., ,._ ,.; .. ,.· ,_,,., ,,_,,;_,,;i'.:. .-,--,.. -::-.-.,.,. ,j)-jf:::; ;_:·,::_;\_.;·-:..:�-;,� • -: :.. .i. -,_:,� ·= -' . -. ._ '... . ·� -. ·�-. .· .. -c-,-.:--,_.7-... -�·-l '7 ,_. .;. ,._ . .:. .. ---... ._, .i..: !·-' 5A 202(1) 08-03-1993 5A 202(1) 06-03-1993 5A 201(1)B 5A 203(1)D 5A 209(1) Shrub Growth Heavy on Property ,-. c"i.f..,.·._.,_.' : ·. -; ;:. f'.h· -.. -; .. ·. c·.-:- -,.··c. ..:....._,,...,.:., -:. '-.,.-· -. ::· . --: :-.: .· . ...,. -.-,�. ':' iLi..H 1 i Ui� _; :_;._ .. .... ;t'-\.-._, ... .-· !,,-.,-:-,-= .· ,:..._ : .:. ':... - . -.;; ·-.... • , ... _.<, ··-''...: · .. _,-..:.. ·' : .i "Ji':;; ,... ;..:, ....... .,.;� .. --_z-.· :---;./d:.. '-' �.z --'·'-,: =" "._, '; ,_ . ._"i,.,.,-·;"'� ;.., 7·''"" :;::... ! ".' ,.._ -:...-: '!'.,-··-·;: .i.;.L.:-.-- :.....::.:-•: # ,·.,,.. ':_ ;..: ;;-,_:,-_' ._ :; ,-., .... ,...,. !-•• .. -. --; � ·'..,i.i -------- JLNE 21� 1993 A\D DEFIC.IENClES . ,-,..,. ,-:-, ::....:. i:• ,.. ... , :-·:...· ' -% l\ji""'t_;_.; 1U\� .r.·-·, ,-,.i·,:;:i-:: "'.· ",...:_,:_.: _, : j. � £,,,.,.,....,.. :'i:.i!l:..ii -;._::.: r,M·-;: ............... ,,:-:,;.;::; jt-1: ,-.. -.-.,-..... -. .,. -: '::-�L �0\�t�1i¥c ��:�UN2 -.:i: T,; ,::.;:., . lht .. �. -.. -. -,·,-:-,.:::: -------;... '-;.. ,','. ,._. -·-· ':,:...,;.,;.._:-_,... ... ;::.,,_ ... -·----· 3: --: -. .,. ,--, •. --.· ,- ........ -.. -. .. .-..... ,..,-... --,,--. :;-:K.-:.' :-,i � , :...·-;..· ,, .,_,..,.. .:. :... 1 \.,.,._··--·-'"- ,,._.,,.:. ,,.: -: ;..,., .:,..•: .-,;:- . ,.,_ -... --·: ,·. ::. : ;:: .... .:. c..::: j _, --; ' _.;_: . .:..,_ .:..;:.: ..:._._ ....... ·,·:._ -. '-·-· . -� -·-·. 5A 205(1)B Topper stored in yard 7.205(7) Pile of Tree Trimmings in rear yard Junk/Abandoned/Inoperable Vehicle on Property 5A.601 ... ·: -·r-:.. -.... ,_,_. --------' ., ·-;-. .-:, : ; ,, '.-·'-', :..·: i ;''- -: _;;-;.;,:.,::..;,.: . ,.·-.. , .. -:..-.. _..,.,_ ... ,._.: ,-.,-,,,-r_:.-.-;--,,;- ;:,.·.'· .. · ---------.. -;:.\--,_,:-,-.;_.:,,::,,; ,-.-. ,----,:--�,:-:=-t,-;-,-,f� ---·--------t.:. j:_: ;::.J t ;_: ; ---·----� ;:it/F,r{H'.t. --:-.-,.._ .-.. -.. ·. -· r-. j ·' ;_,_;_ .i..'-'"·.·'.': ~FFIDAVIT OF NAILING AFFIDAVIT OF SERVICE BY HAIL TATS OF MINNESOTA) } es. oturr¥ OF ~d~O~ ) ~Y~// ~/~.//¢,c~~, of ~e City of Col~ia Heights, , ~ M~nnesota, ~ing fLrs~ duly sworn, ,o~t~ . ~_~.~/~ - 1993, he/she a~ on ~e ~ Gay oz ( '__ . · - ~ ','J~.~ copy of ~h~%ompl,anc. Ord~ '.nd No~,c- of H. ar,n, aha ~atement of Cause upon: lame and address: by mailing to him/her a copy thereof certified mail (return receipt requested), enclosed in an envelope, postage prepaid, and by depositing the same in the post offic~t Columbia Heights, =o him at his las~ known addresses listed ~bove · Subscribed and swor~ to before ~e this t% th day of Uam,~,~ · ,i~qb Notary Public EXHIBIT D AFFIDAVIT OF I~ILING AFFIDAVIT OF SERVICE BY MAIL IUiTiTE OF MINNESOTA~ ¥ OF AHOKA ) [ C.~.F~Y/.//F~? ~. ...... - -----' a- bmt. n ftra~ duly ~wor., mm~m~ a copy ~ ~e Compl~anc Statement of Cause upon: Name a~ addrtms: , ~ / ' o him her a copy ~hereof certif~md mail (return receipt same CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 612-782-2835 GERALD R ANDERSON 500 BEALE'STREET g412 SAN FRANCISCO, CA. 94105 JANUARY 19, 1994 RE: 5049/51 JACKSON STREET DEAR MR. ANDERSON, THIS LETTER IS TO INFORM YOU THAT YOUR RENTAL LICENSE APPLICATION IS BEING DENIED AT THIS TIME DUE TO SEVERAL EXISTING HOUSING MAINTENANCE CODE VIOLATIONS. VIOLATIONS ON THIS PROPERTY HAVE EXISTED SINCE 1992. THE PROPERTY HAD BEEN POSTED ON JUNE 23, 1993 AND RE-POSTED ON AUGUST 10, 1993 BECAUSE OF THE OUTSTANDING VIOLATIONS. FURTHER RENTAL OCCUPANCY OF THE PROPERTY AFTER OCTOBER 8, 1993 IS IN VIOLATION OF THE LICENSING REQUIREMENTS OF THE CITY OF COLUMBIA HEIGHTS. WE HAVE BEEN NOTIFIED THAT YOUR SON HAS MOVED OUT OF THE BUILDING AND THAT THE ENTIRE STRUCTURE IS NOW RENTAL. PRIOR TO YOUR SON MOVING OUT, HE HAD ATYE~D TO RENT THE OTHER UNIT TO TWO YOUNG LADIES WITHOUT COMPLETING ALL REPAIRS TO THE PROPERTY. AGAIN, THIS IS IN VIOLATION OF CITY CODES. ORDERS ARE NOW ISSUED UNLESS ALL VIOLATIONS AS LISTED ON THE PROPERTY ARE CORRECTED PRIOR TO .JANUARY 31~ 1994~ THE STRUCTURE IS TO BE VACATED. IF THE PROPERTY IS NOT VACATED~ A CITATION WILL BE ISSUED FOR ALL OUTSTANDING VIOLATIONS AND ALSO~ FOR OPERATING AN UNLICENSED RENTAL PROPERTY WITHIN THE CITY OF COLUMBIA HEIGHTS. IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE C^!.I- ME. RESPECTFULLY, LOWELL G. DEMARS ~SSISTANT FIRE CHIEF ~NFORCEMENT OFFICER I hereby Building Las~: / Address CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 590 40TH AVENUE NE COLUMBIA HEIGHTS, MN. 55421 APPLICATION FOR RENTAL HOUSING LICENSE LICENSING PERIOD: JANUARY 1, 1994 THRU JUNE 30. 1994 apply for a rental housing license for the property located at: 5049/51 JACKSON STREET NE LICENSE FEE: $15.00 Phone: ~' ' I ~-' ~'~/~-, '-"7/q3 Z 3 D.O.B.: owner: Contrac Name: City: Buildin t for Deed Vendees: Address: State: Phone: Zip: 3-? z_-/zo z_ TOTAL 1< NUMBER SQUARE LETTERS FOR COMPLIANCE ORDERS OR CORRESPONDENCE MUST BE SENT TO: UMBER OF RENTAL UNITS IN BUILDING: ~ OF OFF-STREET PARKING SPACES AVAILABLE ON SITE: FOOTAGE OF EACH UNIT: 1. (~d)(~ 2. ~"~ 3. 8. 9. 10. 11. NAME O: INSURANCE AGENT: NiAME O: INSURANCE COMPANY: 7~_~ ./~~ -. CITF.~K1Aq'"'ID'I~' {5'[~ ~DDT.T~AI',,1T- Address: NUMBER OF SMOKE DETECTORS IN EACH UNIT: 4. 5. 6.__ 12. 13. PHONE: Wi INSURED G ER_AI~ D R. ANDERSON 9191 Garland Road =-t21 Dallas, Texas 75218 (214) 319-5424 Ma,~ 26, 199,t Hart Bizek Steve Schermeister 5051 Jackson Street Columbia Heights, .MN aa4:l D~:ar S~eve & Mat2, I t~ave been unable to reac}~ yo:l b.x,- pbcme th, past few days, hence this letter. I have been recently been [nfor:n~,d because of disruptive activity at 5051 Ja¢.kson~ the City of ([olumbia Ifei~}~ts will not review n:y rental license for the p~oi:,~.': fly. Therefore. i'm for~ ed te c~ncel Fot',r lease on ti~e unit effectiv~ Jo !lat~g,'_n of R0I Properties, It~::. {9t3-11161 will be contacting you regarding sho~,..i~g tim u:,it Lc: prosi~ective tenant, s a~d turni~g over the keys, etc. If Sou have a~5 questiot~s please call },n' or me ah (21-1) 319-5.t21. I~ve assured her thru }-e~ ~ill cooperate x~'ith her in her efforts to rent both units. If tl~,...~'e i'.~ a~3 hhittg I can do to assist, in Four relocation, do~t hesitate to call me. Jo Haugen, R0I Properties, Inc. Lox,,-:ll 9eHars, Cit,v of Columbia tteights/ / :ii~,":':'~h: !:: F:.IAI"-iC ]I :iii:C(] ~, C,":':': ~:;:',':'-I. ]. 0 L,~well G. DeMars Assistant Fire Chief CITY COUNCIL LETTER Meefin of: July 25, 1994 ~GE?~DA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL 510:I --7 Fire [TE~' License Revocation, Rental Property BY: Lowell DeMars ~ BY: ,~ 3~ NO:[ -~ C~ DATE: July 20, 1994 DATE: Rew requ and Esqt asso Rep, Mar Esq~ RE( susi Pro ~cation or suspension of a license to operate a rental property within the City of Columbia Heights is :sted against Esquire Properties and its officers/agents regarding rental property at 4628 Tyler Street NE ~634 Tyler Street NE. tire Properties and/or their agents have failed to file the necessary rental application forms and pay the :iated fees. The properties at 4628 and 4634 Tyler Street NE have been unlicensed since January 1, 1994. :ated attempts to contact Esquire Properties by certified and regular mail have been made since :h 1, 1994. lire Properties has failed to respond as of July 20, 1994. ',OMMENDED MOTION: Move to establish a hearing date of August 8, 1994 for revocation or ension of a license to operate a rental property within the City of Columbia Heights against Esquire ~erties regarding rental property at 4628 Tyler Street NE and 4634 Tyler Street NE. 94- I I t06 INCIL ACTION: CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 782-2835 ESQUIRE PROPERTIES 1945 W. OLD SHAKOPEE ROAD BLOOMINGTON, MN. 55431 RE: 4628TYLERSTREETNE DATE: JUNE 29, 1994 ON APRIL 1, 1994, YOU WERE SENT A HOUSING RENTAL LICENSE APPLICATION FOR THE PROPERTY LISTED ABOVE. AS OF JUNE 29, 1994, WE HAVE NOT RECEIVED THIS APPLICATION AND THE REQUIRED FEE. YOUR PROPERTY IS NOW IN VIOLATION OF CITY ORDINANCE 1281, THE HOUSING MAINTENANCE CODE OF THE CITY OF COLUMBIA HEIGHTS. UNLESS WE RECEIVE THE COMPLETED APPLICATION AND A LICENSE FEE OF $122.49 (INCLUDING PENALTIES) PRIOR TO JULY 10, 1994, A CITATION WILL BE ISSUED. THIS LICENSE APPLICATION WILL COVER THE PERIOD FROM JANUARY 17 1994 THRU APRIL 30, 1995 AND IS PRO-RATED ACCORDINGLY. (A SIXTEEN MONTH PERIOD). pLEASE NOTE: ALL INFORMATION REQUESTED MUST BE SUBMITTED. ALL INCOMPLETE APPLICATIONS WILL BE RETURNED WHICH COULD RESULT IN ADDITIONAL LATE FEES BEING ASSESSED. SHOULD YOU HAVE ANY QUESTIONS, PI.EASE CALL ME. LOWELL G. DEMARS - ASST. FIRE CHIEF OOFI£ J Sd CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 782-2835 ESQUIRE PROPERTIES 1945 W. OLD SHAKOPEE ROAD BLOOMINGTON, MN. 55431 RE: 4634 TYLER STREET NE DATE: JUNE 29, 1994 ON APRIL 1, 1994, YOU WERE SENT A HOUSING RENTAL LICENSE APPLICATION FOR THE PROPERTY LISTED ABOVE. AS OF JUNE 29, 1994, WE HAVE NOT RECEIVED THIS APPLICATION AND THE REQUIRED FEE. YOUR PROPERTY IS NOW IN VIOLATION OF CITY ORDINANCE 1281, THE HOUSING MAINTENANCE CODE OF THE CITY OF COLUMBIA HEIGHTS. UNLESS WE RECEIVE THE COMPLETED APPLICATION AND A LICENSE FEE OF $19.2.49 (INCLUDING PENALTIES) PRIOR TO JULY 10, 1994, A CITATION WILL BE ISSUED. THIS LICENSE APPLICATION WILL COVER THE PERIOD FROM JANUARY 1, 1994 THRU APRIL 30, 1995 AND IS PRO-RATED ACCORDINGLY. (A SIXTEEN MONTH PERIOD). PLEASE NOTE: ALL INFORMATION REQUESTED MUST BE SUIIMITTED. ALL INCOMPLETE APPLICATIONS WILL BE ~ED WHICH COULD RESULT IN ADDITIONAL LATE FEES BEING ASSESSED. SHOULD YOU HAVE ANY QUESTIONS, PL~.ASE CALL ME. LOWELL G. DEMARS - ASST. FIRE CHIEF EXHIBIT D AFFIDAVIT OF MAILING AFFIDAVIT OF SERVICE MY MAIL iTATE OF MINNESOTA ) ) ~OUNTY OF ANOKA ) ss. Lowell DeMars , of the City of Columbia Heights, County of Anoka, in~t~e State of Minnesota, being first duly sworn, says that on the~L7 th day of ~~- , 1994, he served a copy of the'Compliance Order and Notice of Hearing and Statement of Cause upon: Name and address: by mailing to him/her a copy thereof certified mail (return receipt requested), enclosed in an envelope, postage prepaid, and by depositing the same in the post office at Columbia Heights, Minnesota, directed to him at his last known addresses listed above. ~S~gnature of Affiant) Subscribed and sworn to before me this 29 th day of J~ , 199~ . N~tary ~ubl~i c 0 EXHIBIT D AFFIDAVIT OF MAILING AFFIDAVIT OF SERVICE MY MAIL ~TATE OF MINNESOTA ) ) iOUNTY OF ANOKA ) SS. Lowell DeMars , of the City of Columbia Heights, County of Anoka, in.he State of Minneso~ta, being first duly sworn, says that on the ~/ th day of ~Z~.~/J , 1994, he served a copy of the Compliance Order and Notice of Hearing and Statement of Cause upon: Name and address: by mailing to him/her a copy thereof certified mail (return receipt requested), enclosed in an envelope, postage prepaid, and by depositing the same in the post office at Columbia Heights, Minnesota, directed to him at his last known addresses listed above. ignature of Affiant) Subscribed and sworn t3 before me this S l th day of ~nf , /~. E:3QUIRE PROPERTIES CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGIITS, MN_ 55421 TELE: 782-2835 1945 W. OLD SHAKOPEE P.GAD BLOOMINGTON, MN. 55431 Me:y:.. 7, 1994 =!e.�:r· r·'='ntal :pro1=,er·"t.y· ciwner·!! I·r·��per·t�l ArJ.d.!·ess: .dP,:1 E: 7YT.ER ?.rr:::�E�7 �JE F:E: ��E F���i':l:. T. ��f��t,J:�� .t.:pt>LT:-;ft.Tii�)!'! F'�t-}AT��Y F�ES 1Jn March L 19'.�4, yc,·,-1 were sent a license ap:r,•lic;atic:,n for· the c'.:.'oc•v-=­descr::.bed :r·ents.l property. On �ay 1, 1'.�:34, you were sen-:, a second noti•=--=-As ci:' Ma.11 17th .. we ha\re ncit. r·ec�3i·ved. t.�1.e a1?:Plicatic,r1 arid r·eq_uir·ed_ fee. P�ea.�-e fill ()1..:.t the a:p1;1lic·a�ic!n and r·e.t"G.r·n it •..vitl-1 the 2.---equir·ecl fe-== i:,l1-1c, t�E� 2dd.it:.on,�l 1=�en.::i.lt�� fee !:-Jf !:d) per·cent to t:lis office nc· later· thar.. �!aJ7 31� l994. IF WE D0 N')T R"S('E!VE TH!i: APPLICATION AND REOUIREi'l FEES BY.MAY 31, 1994. L-QI'T'ATIO_N_filLL_BE ::-'.SIJEn F0?. OPER,1'.l!�ING AN rJNLICE�2ED �ENTAL i;)fr1P:i:Srrn!. TOTAL FEE NQW DUE: $122,50 All f1.1.ture corr-eS':t:>ondence regarding the sta.tus of your rental property should be directed to the Columbia Heights Fire Department. Should you have any questions, please call me at 782-2835. Respectfully, �4-#-e� Lowell G. DeMars Asst. Fire Chief Enf or·cement Officer 30119 CITY OF COLUMBIA H~JGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 ESQUIRE PROPERTIES 1945 W. OLD SHAKOPEE ROAD BLOOMINGTON, MN. 55431 May 2, 1994 Dear rental property owner, Property Address: 4628 TYLER STREET NE RE: LATE RENTAL LICENSE APPLICATION PENALTY FEES On March 1, 1994, you were sent a license application for the above described rental property. On As of May 1, 1994, we have not received the application and required rental housing fee. Please fill out the application and return it with the required fee plus the additional penalty fee of 25 percent to this office no later than May 15, 1994. IF WE DO NOT RECEIVE THE APPLICATION AND REQUIRED FEES BY MAY 15. 1994. AN ADDITIONAL FEE OF 50 PERCENT WILL BE ADDED. TOTAL FEE NOWDUE: ~8L67 All future correspondence regarding the status of your rental property should be directed to the Columbia Heights Fire Department. Should you have any questions, please call me at 782-2835. Re spectfully, Asst. Fire Chief Enforcement Officer 30119 ESQUIRE PROPERTIES CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 1945 W. OLD SHAKOPEE ROADBLOOMINGTON, MN. 55431 May 17, 1994 I:1 ee,r rental property cn.vner, Property Address: 4R�s TYLER ?TREE'T' NE RE: LATE REN':!:'JI.L LiCEN:::"4' APPi IC.ll.TTON PE�}AL'T'Y FEE'.: c�n Mar·ch l, l:394, �tciu. wer·e sent .=1. lic·ense .3..pplica:t.ic)n f c1 r· the ,3.bCJVe desc�r·i1Jed r·enta.l :pr·or:)er·tj.7. Ctn Ma:l 1, 1994, �{OU v1er·e sent. a. sec�cincl notice .. P._s of M2,y 17th, we have not received the a.pplication and required fee. Please fill out the application and return it with the required fee pl,.12. the additional penalty fee of 50 percent to this office no later th.=::..n 11ay 31, 1994. •F �,m DO NOT RECEIVE 'T'HE APP1 ICATION AND F:4'.QUIRED FEE:; EY �AY 31.. 19fl4, A CT'T'/1.TlON WILL BE IS;-'UEI> FnR OPERATTNG AN LTNLif'EN'..:::EI'> RENTAL P:S,t>'P><F'.'i'Y. TQTAL FEE NOW DUE: $122.50 All future correspondence :!'."egarding the status of your rental pro:pert.y should be directed to the r.olumbia Heights Fi..-·e ;)Ppartmer.t, Should you have any questions, plea.se call me at 782-2835. Respectfully, �4�� Lowell G. DeMars Asst. Fire Chief Er..forcement Officer r:,r,• 0· ._:,).l�.1 CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 ESQUIRE PROPERTIES 1945 W. OLD SHAKOPEE ROAD BLOOMINGTON, MN. 55431 May 2, 1994 Dear rental property owner, Property Address: 4634 TYLER STREET NE RE: LATE RENTAL LICENSE APPLICATION PENALTY FEES On March 1, 1994, you were sent a license application for the above described rental property. On As of May 1, 1994, we have not received the application and required rental housing fee. Please fill out the application and return it with the required fee plus the additional penalty fee of 25 percent to this office no later than May 15, 1994. IF WE DO NOT RECEIVE THE APPLICATION AND REQUIRED FEES BY MAY 15, !994~ AN ADDITIONAL FEE OF 50 PERCENT WILL BE ADDED. TOTAL FEE NOW DUE: ~8L67 All future correspondence regarding the status of your rental property should be directed to the Columbia F~ei~hts Fire Department. Should you have any questions, please call me at 782-2835. Respectfully, Lowell G. DeMars Asst. Fire Chief Enforcement Officer 30121 EXHIBIT D AFFIDAVIT OF MAILING AFFIDAVIT OF SERVICE MY MAIL STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. Lowell DeMars , of the City of Columbia Heights, County of Anoka, in the State of Minnesota, being first duly sworn, says that on the t'~ th day of /~/~ , 1994, he served a copy of the Compliance Order and Notice of Hearing and Statement of Cause upon: Name and address: by mailing to him/her a copy thereof certified mail (return receipt requested), enclosed in an envelope, postage prepaid, and by depositing the same in the post office at Columbia Heights, Minnesota, directed to him at his last known addresses listed ~S~natur~ of Affiant) Subscribed and sworn to before m~ ~ this /~ th day of ~~ , ~ . · SENDER ~ 'C~'lm plete.. .~omplete · Print you~'. return thig cl · Al.~adh thi C, oes not per ,. Write"Re · ' The Retun delNered. '~. Artici >' PS Form ! ms I and/~r 2 for a~ditional seYvices. '~ms 3, and 4a & b. ; name and address on the reverse of this form so that we can ~'d to y6u. ~ torm to the front of the mailpiece, or on the back if space Hit. urn Receipt Requested" on the mailpiece below the article number ~ Receipt will show to whom the article was delivered and the date CCCCGCCCCCCCCC~ DUD'3DD~ CCC C.~CC CCOGOOOD (~CCCC~CC'CCCCO00 C C C C, CO~ CCCCOOCO (- CC CCC O~CCC~O00 I also wish to receive ,Addressed to: ure (Addressee) 3811, December 1991 following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. ~a. AFt, icle Number /" 21_7 4b. Service Type [] Registered [] Insured ~-Certified [] COD [] Express Mail ¢~-Return Receipt for Merchandise 7. Date of Deliver,. / ~ .~ C,/ 8. Addressee's Address (Only if requested and fee is paid) DOMESTIC RETURN RECEIP~ }~CCCCCCCO. CC GOCC CCC, fAGE] NO: ITEl NO. CITY COUNCIL LETTER Meeting of: 3uly 25, 1994 ~DA SECTION: COMMUNICATIONS 7 BLOCK PARTY REQUEST, RUTH GRAHAM, 625 47TH AVENUE N.E. 7 H ORIGINATING DEPARTMENT: CITY MANAGER'S BY: PAT HENTGES DATE: 7-19-94 CITY MANAGER' S APPROVAL DATE k~ ! AttaChed is a letter from Ruth Graham, 625 47th Avenue N.E., with her request to conduct a bloc~' party/neighborhood crime watch meeting on Tuesday, August 2, 1994, (National Night Out) fromm6:00 PM - 9:00 PM, with a barricade only at the end of 47th Avenue, west from Monroe St. to t~e top of the hill. ! RECOMMENDED MOTION: Move to approve request of Ruth Graham of 625 47th Avenue N.E. to barricade' the cul-de-sac only at the end of 47th Avenue, west from Monroe St. to the top of the Rill for their annual block party/crime watch meeting from 6 PM to 9 PM on August 2, 1994 (National Night Out). £OUNCIL ACTION: I I I 625 4?Ih A~'e..e N.i~. ¢ ,' ('olu~bia IteiRhls' MN "" ~0 55421-2364 ~ ' ___ ~ .~~ .................. NO: ITEl NO: Afte'. serv. and alte~ ente ,City serv poss Over term Guzy City CITY COUNCIL LETTER Meeting of: July 25, 1994 ~DA SECTION: OLD BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S 8 CITY MANAGER'S APPROVAL ~: AWARD CONTRACT ON LEGAL SERVICES BY: PAT HENTGES BY: 8 A DATE: 7-22-94 DATE: : lengthy deliberation and negotiations on the various contract proposals for legal ices, the City Council appears to have a near consensus on one firm, that of Barna, Guzy, 3teffen, Ltd. Over the past few months, the City Council has also discussed various :natives to our current arrangements with current City Attorney Gregg Woods, and also :rained further discussions with Kevin Geibel of Freeman and Alton, Ltd. Overall, the received nearly twenty different proposals from various firms dealing with general legal ices/litigation and City prosecution services. The City also preliminarily explored the [bility of developing an in-house legal staff. However, the majority of the Council did ~upport pursuing this concept beyond the preliminary stages. the past two weeks, the City Manager has negotiated and re-negotiated contract ~/conditions with the various firms. A final contract document agreed upon by Barna, and Steffen, Ltd. is attached. Kevin Geibel from Freeman and Alton, Ltd. requested that Council give final consideration to his proposal also. ! RECOMMENDED MOTION: Move to award the contract to Barna, Guzy, and Steffen, Ltd. for the City of Cplumbia' Heights' General Legal Representation and City Prosecution Services, and further to A~thorize Mayor and City Manager to Enter into Contract for the Same. COUNCIL ACTION: AGREEMENT TO PROVIDE LEGAL SERVICES The purpose of this agreement is to document the terms and conditions of legal s~ Guzy, and Steffen, Ltd. (hereafter referred to as the "Firm") and the City Minnesota (hereafter referred to as the "City"). The Firm will perform the foll described in the February 1994 Request for Proposals for Legal Services e schedule appropriate to the requirements of the City: General Legal Representation Attend all regular city council meetings and if requested, other city committee meetings; special council meetings; Housing and Redevelopment Authority meetings; monthly Planning and Zoning Commission meetings; and Charter Commission meetings. 2. Draft ordinances, resolutions, and correspondence as requested; o Meet with and advise the city council, city manager, department managers, and other designated individuals on general legal matters; Review or draft, as requested, municipal contracts, joint powers agreements, and purchase of equipment documents; 5. Represent the City at eminent domain proceedings; 6. Research and submit legal opinions on municipal or other legal matters; 7. Review bond and insurance requirements for City contracts or activities; o 10. 11. 12. 13. 14. 15. Prepare quarterly report on the status of City litigation, or as requested by the City Manager; Review documents submitted by bond counsel involving the issuance of debt or debt-related instruments and provide opinions as required; Represent the City in the acquisition or sale of properties, property/easement for public improvements, parks, and the like; Review in advance of the meetings all city council and planning commission meeting agenda packet material; Provide periodic written updates on new state or federal legislation or judicial holdings impacting upon the City, and suggested action or changes in operations or procedures to assure compliance; and Provide a system of availability and following-up responding to City staff questions. Provide general counsel to the Columbia Heights Housing and Redevelopment Authority on various contract review issues, home improvement/rehabilitation projects, Section 8 rent assistance, CDBG program, and senior housing issues. Review, monitor, and follow up on the status of claims that are being handled by the City's insurance carrier or; assist in the initial filing of claims against other who have damaged City property (in the event the actual collection of claims from others involves litigation, then it would be covered under terms of litigation fees and rates). 16. General counsel to the HRA does not include legal services related to personnel law, HRA litigation, real estate acquisition, and development/redevelopment projects. -1- 17. 18. Defend the City against all claims including litigation arising out of human rights claims, zoning/land use claims, or general liability litigation, or claims where insurance companies are required to provide defense; labor employment matters, or administrative hearings before an appointed judge. Review all claims made against the City, determine level of insurance coverage, and monitor status of insurance company defense. For civil work, the Firm will begin to provide services to the City of Columbia Heights on August 1, 1994. City Prosecution Services Prepare gross misdemeanor and misdemeanor formal complaints including: establish probable cause, determine charges, letter advising arraignment date; Prosecute gross misdemeanor and misdemeanor complains including preparation for and appearance at: pre trail hearing, revocation hearings, omnibus hearing arraignments, court trials, sentencing, jury trials; Prosecute misdemeanor complaints for housing, business licensing, and zoning/building code violations; Prepare files for court including assembling witness lists, preparing subpoenas, copying statutes or ordinances for court trials, etc. Request certified documents such as driver's records, motor vehicle records, prior convictions, Order for Protection, bank records and ordinances; Prepare letters to victims regarding omnibus hearing notifications, changes in time, dates or place of hearings; Maintain records including: court calendars, formal complaint requests, records regarding criminal history requests for the BCA, officer vacation schedules and court assignment schedules of prosecutors; o Telephone and maintain correspondence with various agencies including: law enforcement agencies, courts, Minnesota correctional facilities, victims/witnesses, defendants/defense attorneys, social workers, psychiatrists, victim advocate representatives, hospitals, banks, insurance companies, etc.; Research statutes/ordinances for court cases, formal complaints or as requested by the Columbia Heights Police Department or the City of Columbia Heights; 9. Handle requests for disposition of detainers; and 10. 11. Maintain active files (approximately 3200), including resolution of cases involving warrants or failure to appear, and represent the City as such as these cases are scheduled by court or upon request by the Police Department. The Prosecution services do not include time spent on cases that are appealed to the Court of Appeals or Supreme Court. The Firm will begin to provide services to the City of Columbia Heights on criminal prosecution matters on or about October 1, 1994. FIRM REPRESENTATION The legal services will be generally distributed to attorneys in our office as follows: Virgil Herrick has been designated lead attorney for the City of Columbia Heights and will be responsible for directing work to other attorneys or support staff based upon the complexity of the matter and their expertise -2- in an area. Gregg V. Herrick will be primarily responsible for prosecutions. Jim Hoeft will be primarily responsible for attending City meetings and workshops. Bernard E. Steffen will be primarily responsible for all labor and employment law related issues for the City. Bernard E. Steffen and Scott Lepak will provide back-up service in all of the civil and municipal areas listed in the proposal. After January 1, 1995, the City will provide the Firm an office at City Hall, 590 40th Avenue N.E., Columbia Heights. The City and Firm will agree to schedule up to six (6) hours per week whereby a Firm representative for prosecutions and/or general legal work will be available to City staff for consultation; or to work on city legal services as assigned under City Prosecution Services section or General Legal Representation Section of this agreement. FEES The Firm will perform the services listed above under General Legal Representation for a fixed fee equal to Fifty Thousand Dollars ($50,000) per year with the following exceptions: The fixed fee assumes attendance at approximately 46 public meetings. In the event the Firm is called upon to attend over 46 public meetings per year, such attendance shall be an additional charge at the following hourly rates: Attorneys Paralegal, Law Clerks, Data Research $85/hour $45/hour Time spent performing employment and labor relations counseling, eminent domain proceedings, and the litigation in paragraphs 5 and 17 above under general legal representation and all other civil litigation services for the City will be performed at the following hourly rates: -Shareholders and Principal attorneysfor the Firm ........... -Associate attorneys for the Firm.-Paralegal, law clerks, data research $105/hour $85/hour $45/hour Co Time spent performing legal work for the City which is billed to and paid for by a third party (such as an insurer or developer) will be charged at our normal hourly rates at the time the service is provided rather than the hourly rates stated in this agreement. This amount will not be included in the fixed fee. The Firm will perform the services described above under City Prosecution Services for a fixed fee equal to One Hundred Ten Thousand Seven Hundred Dollars ($110,700) per year with the following exception: This fixed fee will not include any time spent performing criminal prosecutions that are appealed to higher courts. All time spent on appealed cases will be at the following hourly rates: -Attorneys ............. -Paralegal, law clerks, data research $85/hour $45/hour The fixed fee will include the criminal prosecution or disposal of the 3200 estimated active criminal case files of the City, including resolution of cases involving a failure to appear or warrant for arrest. Cases currently scheduled on the current court calendar shall be the responsibility of the City, or alternatively at the election of the City assigned the Firm at the hourly rates prescribed above. -3- This fixed fee will include time spent performing criminal prosecutions (on cases arising on or after April 1, 1994) that are tried to a jury. The parties agree that during this contract period, they will keep records of the number of criminal prosecutions that result in jury trials and the average length of the jury trials. Based upon this information, the parties will discuss the appropriate compensation for adjustment of the fixed fee for time spent on criminal prosecutions that result in jury trials. The fixed fee will include the criminal prosecution or resolution of an estimated 3,200 active criminal files of the City, including the resolution of cases stemming from a failure to appear in or warrant for arrest. Cases scheduled on the current 60 day court calendar shall be the responsibility of the City. The Firm shall submit as an attached exhibit to this agreement a list of the Firm's attorneys and their prescribed rate for the additional services listed above. EXPENSES Charges for necessary expenses incurred in travel, lodging, meals, and long distance telephone calls will be payable by the City. No separate charges will be made for clerical services, printing, or publication costs except that copies will be charged at fifteen cents ($.15) per page. Westlaw is billed at three dollars ($3.00) per minute. Mileage is charged at $.29/mile. Facsimile charges are $1.00/page. BILLING The services provided under the fixed fee agreement provided above will be billed in twelve equal monthly installments ($4,166 per month for general legal representation services and $9,225 per month for criminal prosecution services). Fees for services provided under the fixed fee agreement, fees for services provided under the hourly rates described above and for covered expenses shall be due and payable within thirty (30) days following receipt of monthly billings. The monthly billings will itemize time expended, services rendered, and necessary expenses incurred. DURATION This contract shall become effective on the date that it is executed by the city and shall continue for a period of one calendar year following the date that the Firm first begins to perform criminal prosecution services for the City. Except for compensation for time spent performing criminal prosecutions on cases that are tried to a jury, which is subject to negotiations as provided above, the fee schedule shall not be increased for the twelve month period following the date that we first begin to perform criminal prosecution services for the City. Thereafter, the parties shall discuss the appropriate compensation for the next year of the term of this contract. In the event failure to agree on the appropriate compensation for the remainder of this contract will terminate the contract. Such termination shall be effective through the last day of the year on which the parties were able to agree on the appropriate compensation. GENERAL MATTERS The Firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. The Firm certifies that it will comply with all affirmative action/equal employment opportunity requirements of the City and shall not discriminate under the contract against any person in accordance with federal, state, and local regulations. -4- ACCEPTANCE: The above proposal is hereby accepted by the Columbia Heights City Council this __ , 1994: day of By: Joseph Sturdevant, Mayor Attest: Patrick Hentges, Manager The above proposal is accepted by the law firm of Barna, Guzy, and Steffen, Ltd. this __ ., 1994: day of -5- BOS Barna, Guz¥ & Sreffen, Ltd. P,'!'tO[tNEYS AT LAW 400 Norrhtown Financial Pla:a 200 Coon Rapids Boulevard Minneapolis, MN 55433-5489 (612) 780-S5OO FAX (612) 780-I777 Writer's Direct Line: (612) PA.MEL.a, M. I tAF, Rifi CH..\KL?- ',";'iL L L \ M DANIEL D. BL'VERLY C¢ A;,..; 51 jA,Xlt.'5 D t%"EF7 JOAN M 0:2 El :L:,EET!.{ A. ¢CH ~,D!NIG W:LLL:,M F HUEF.X'Ei~ July 22, 1994 Mr. Patrick Hentges Ciuy of Columbia Heights 590 40ch Avenue N.E. Columbia ~eights, Minnesota 55421 Re: Contracn for Legal Services Dear Mr. Hentges: r'his letter is to advise you that I have reviewed the proposed agreemen: to provide legal services which you furnished to me on July 21, 1994. I am in agreement with the contract as presented. If you have any further questions, please contact me. Very truly yours, 3ARNA, ,~UZy & S~EF?EN, LTD/ "7irgilz C'. Herrick !)mg GERAL~ R. FREEM~ KEV1N E. GIEBEL* t'ATRICtlA D. ALTON ItOWA[[D R. ALTON III** *ALS~ ADMITTED IN WISCONSIN **ALS 0 ADMITTED IN NO RTH DAKOTA LAW OFFICES FREEMAN & ALTON, Ltd. 2570 METROPOLITAN CENTRE 333 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE: (612) 332-2485 FACSIMILE (612) 332-2486 BRA/NERD LAW OFFICE IN ASSOCIATION WITH MARIANNE M. MILLOY TELEPHONE: (218) 829-0375 TIMOTHY H. DODD OF COUNSEL Mr. Patrick Hentges City Manager City of Columbia Heights 590 40th Avenue Northeast Columbia Heights, MN 55421 Re: City Attorney Representation Draft Agreement July 22, 1994 Dear Mr. Hentges: Thank you for the opportunity to review and comment upon the draft legal Service A~reement. We are in receipt of your 7-21-94 A~reement sent by facsimile, which we will assume is the most recent draft. Our comments are provided in the context of Freeman & Alton, Ltd. as a potential signatory to the Agreement, and is based upon our years of experience in handlin~ prosecutions and civil matters for Columbia Heights and Anoka County. 1. General Legal Representation and City Prosecution Services (pa~es one and two). The duties enumerated in this section accurately reflect the position(s), and are agreeable to Freeman and Alton, Ltd. additionally, our attorneys would provide regular ride-alon~s, rental manager meetin~ attendance, officer trainin§ pro,rams and monthly newsletters as a part of our retainer offer. To~ether with the expanded duties feature of our original and amended proposals, Freeman & Alton, Ltd. would also formally commit to providin~ experienced attorneys with a minimum of five years experience to perform the prosecutorial duties and/or civil representation; we will not use this opportunity to train new attorneys and/or law clerks in courtroom procedures. 2. Firm Representation (page two). Freeman & Alton, Ltd. wishes to emphasize at this point that Mr. Gerald R. Freeman, an experienced trial attorney with 34+ years of civil litigation experience and close personal and professional contacts with the Anoka and Hennepin County bench, would be actively involved the City representation. Mr. Freeman's curriculum vitae speaks for itself as to his qualifications and achievements. Mr. Patrick Hentges July 22, 1994 Page 2 3. City Hall Attorney Office (page three). Freeman and Alton, Ltd. is prepared to furnish either on-site representation or a structured priority availability in our local Columbia Heights offices (with a $1,500.00 reduction in our General Representation retainer), whichever the City prefers. Since the draft on-site commitment amounts to only 1/2 of Freeman & Alton, Ltd.'s offer of three days at 4 hours per day, we are in a position to agree to the City's on-site requirement and still offer a $750.00 reduction in the monthly civil retainer.~ 4. Fees (page three). The general fee language provided in paragraphs A, B and C is agreeable to Freeman & Alton, Ltd. The most recent draft appears to include pre April 1, 1994 cases in the prosecution retainer amount rather than billing them hourly. This is also agreeable to us, and is consistent with our original proposal.2 Freeman & Alton, Ltd.'s retainer amounts were calculated using past case activity which necessarily included matters that were as much as 4 years old. 5. Jury Trial "Compensation Adjustment" (page three). Simply stated, the "compensation adjustment" means charging more fees for unusual increases in jury trial activity. Aside from the fact that the law firm would be empowered with broad discretion to take matters to jury trial and thereby directly control the number of jury trials upon which its increased compensation will be based, the City should expect that new prosecutors will be tested by the defense bar in Anoka. All of this will mean more jury trials in the short term, and possibly inflated figures. Staffed with an experienced Columbia Heights and Anoka County ~ Under the draft Agreement, Freeman & Alton, Ltd. would provide a structured availability for city personnel (at a $1,500.00 per month civil retainer savings to the City) until the City opens its in-house office on January 1, 1995. Freeman & Alton, Ltd. would thereafter staff the on-site office as specified (with a $750.00 per month savings to the City). 2 The volume of work is the relevant factor in this analysis; a large majority of the new city attorney's work will consist of pre April 1, 1994 matters. The cost of this pre April 1, 1994 representation on a separate hourly basis would be quite expensive to the City, and result in a "second tier" of legal fees. If this separate fee structure was adopted by our firm, Freeman & Alton, Ltd. would essentially be double billing for its legal services. Mr. Patrick Hentges July 22, 1994 Page 3 prosecutors with high jury trial conviction rates (85 - 90 percent), Freeman & Alton, Ltd. would not face a "breaking in" period. Furthermore, we are uniquely aware of this jury trial commitment having performed these prosecutions for many years.3 Freeman & Alton, Ltd. is agreeable to the "compensation adjustment" language regarding jury trial activity, but does not require such a clause for representation. Other Recommended Terms. Recommended clauses include entirety of the agreement, joint efforts dispute resolution and termination and amendment language. Freeman & Alton, Ltd. is prepared to agree to the terms and conditions of the updated draft Agreement, a copy of which is herewith attached. We are also prepared to agree to terms regarding prosecutions or general representation only, as the City prefers. A "split" of the contract may be a good way of addressing all of the City's interests in this process, and result in a "win - win" situation for both law firms. Again, Freeman & Alton, Ltd. remains available and interested in reaching a final draft between the City and our firm. We would request a brief opportunity to address the council to fully present the qualifications of our firm for city representation. The opinions contained in this letter are not intended to constitute legal advice, and are not to be relied upon as such. Should any questions arise out of the contents of this letter, we recommend that competent legal advice be immediately obtained. Thank you for your continued consideration. Very truly yours, Free~an & A~on, Ltd. Partner / KEG/stw 3 We are also well familiar with the clerk staff, judges, public defenders and defense bar in general. If the incoming law firm were to have such experience in such matters, there would be no need for a period of time to determine the frequency and duration of jury trial activity. AGREEMENT TO PROVIDE LEGAL SBRVICP, S The purpose of this agreement is to document the terms and conditions of legal services between FREEMAN & ALTON.,.... L...TD. _ ......... , (hereafter referred to as the "Firm") and the City of Columbia Heights, Minnesota (hereafter referred to as the "City"). The Firm will perform thc following legal services as described in the February 1994 Request for Proposals for Legal Services as requested on a time schedule appropriate to the requirements of the City: Oeneral Letml Attend all regular city council meetings and if requested, other city committee meetings; special council meetings; Housing and Redevelopment Authority meetings; monthly Planning and Zoning Commission meetings; and Charter Commission meetings. 2. Draft ordinances, resolutions, and correspondence as requested; Meet with and advise the city council, city manager, department managers, and other designated individuals on general legal matters; Review or draft, as requested, municipal contracts, joint powers agreements, and purchase of equipment documents; Represent the City at eminent domain proceedings; 6. Research and submit legal opinions ou municipal or other legal matters; ?. Review bond and insurance requirements for City contracts or activities; Prepare quarterly report 'on the statas of City litigation, or as requested by the City Manager; Review documents submitted by bond counsel involving the issuance of debt or debt-related instruments and provide opinions as required; 10. Represent the City in the acquisition or sale of properties, property/easement for public improvements, parks, and the like; 11. Review in advance of the meetings all city council and planning commission meeting agenda packet material; 12. Provide periodic written updates on new state or federal legislation or judicial holdings impacting upon the City, and suggested action or changes in operations or procedures to assure compliance; and 13. Provide a system of availability and following-up responding to City staff questions. 14. Provide general counsel to the Columbia Heights Housing and Redevelopment Authority on various contract review issues, home improvement/rehabilitation proiects, Section 8 rent assistance, CDBG progra.m, and senior housing issues. 15. Review, monitor, and follow up on the status of claims that are being handled by the City's insurance carrier or; assist in the initial filing of claims against other who have damaged City property (in the event the actual collection of claims from others involves litigation, then it would be covered under terms of litigation fees and rates). 16, General counsel to the HRA does not include legal services related to personnel law, HRA litigation, real estate acquisition, and development/redevelopment projects. 17. 18, Defend the City against all claims including litigation arising out of human tights claims, zoning/land use claims, or general liability litigation, or claims where insurance companies are required to provide defense; labor employment matters, or administrative hearings before an appointed judge. Review all claims made against the City, determine level of insurance coverage, and monitor status of insurance company defense. For civil work, the Firm will begin to provide services to the City of Columbia Heights on August 1, 1994. City_ Prosecution ServiCes Prepare gross misdemeanor and misdemeanor formal complaints including: establish probable cause, determine charges, letter advising ar,'aignment date; Prosecute gross misdemeanor and misdemeanor complains including prcparation for and appearance at: pre trail hearing, revocation hearings, omnibus heai'ing arraignments, court trials, sentencing, jury trials; Prosecute misdemeanor complaints for housing, business licensing, and zoning/building code violations; Prepare files for court including assembling witnes~ lists, preparing subpoenas, copying statutes or ordinances for court trials, etc. Request certified documents such as driver's records, motor vehicle records, prior convictions, Order for Protection, bank records and ordinances; Prepare letters to victims regarding omnibus hearing notifications, changes in time, dates or place of hearings; Maintain records including: cou~ calendars, formal complaint requests, records regarding criminal history requests for tho BCA, officer vacation schedules and court assignment schedules of prosecutors~ Telephone and maintain correspondence with various agencies including: law enforcement agencies, courts, Minnesota correctional facilities, victims/witnesses, defendants/defense attorneys, social workers, psychiatrists, victim advocste representatives, hospitals, banks, insurance companies, etc.; Research statutes/ordinances for court cases, formal complaints or as requested by the Columbia Heights Police Department or the City of Columbia Heights; 9. Handle requests for disposition of detainers; and 10. Maintain active files (approximately 3200), including resolution of cases involving warrants or failure to appear. 11. The Prosecution services do not include time spent on cases that are appealed to the Court of Appeals or Supreme Court. The Firm will begin to provide services to the City of Columbia Heights on criminal prosecution matters on or about October 1, 1994. FIRM REPRESENTATION The legal services will be generally distributed to attorneys in our office as follows: KEVIN E. GIEBEL/ has been designated lead attorney for the City of Columbia ~vights and will be responsible for directing work to other attorneys or support staff based upon the complexity of the matter and their expertise in an area. KEVIN E. GIEBEL/ATTYlwill be primarily responsible for prosceutlonsKEVIN E. GIEBEL/J. FREF-~Nbe primarily responsible for attending City meetingsandworkshops. A~vor~lq~vS--2.~.-.-3~a~, d 4 · Sec.. Paraleqal. ~wclerk will provide back-up ~ce in all of the civil and municip~ areas listed in ~o proposal. After January 1, 1995, the City will provide the Firm an office at City Hall, 590 40th Avenue N.E., Columbia Heights. The City and Firm will agree to schedule up to six (6) hours per week whereby a Firm representative for prosecutions and/or general legal work will be available to City staff for consultation; or to work on city legal services as assigned undcr City Prosecution Services section or Oeneral Legal Representation Section of this agreement. The Firm will perform the services listed above under (}eneral Lcl~tl Rcprc~nt~tion for a fixed fee equal to.~-~cl13D_..1313./.3.750.O0/Mc~nth($zl1 250.00 ) per year with the following exceptionS: - ' ..... The fixed fee assumes attendance at approximately 46 public meetings, In the event the Firm is called upon to attend over 46 public meetings per years such attendance shall be an additional charge at the following hourly rates: Attorneys Paralegal, Law Clerks, Data Research $ 75/65~hour $_311 ...... hour Time spent performing employment and labor relations counseling, eminent domain proceedings, and the litigation in paragraphs 5 and 17 above under general legal representation and all other civil litigation services for the City will be performed at the following hourly rates: -Shareholders and Principal attorneys for the Firm ........... -Associate attorneys for the Firm.-Paralegal, law clerks, data research ,,,/hour // hour hour Time spent performing legal work for the City which is billed to and paid for by a third party (such as an insurer or developer) will be charged at our normal hourly rates at the time the service is provided rather than the hourly rates stated in this agreement. This amount will not bo included in the fixed fee. The Firm will perform the services described above under City Prosecution Services for a fixed f~ equal to R; 500 -__00/Month ($102 t 000.00) per year with the following 8xception: ....... This fixed fee will not include any time spent performing criminal prosecutions that are appealed to higher courts, All time spent on appealed cases will be at the following hourly rates: -Attorneys ............. $2_~_6 Ii'hour -Paralegal, law clerks, data research S'tO '/hour The fixed fee will include the criminal prosecution or disposal of the 3200 estimated active criminal case files of the City, including resolution of cases involving a failure to appear or warrant for arrest. Cases currently scheduled on the current court calendar shall be the responsibility of the City, or alternatively at the election of the City assigned the Firm at the hourly rates prescribed above. -3- This fixed fee will include time spent performing c~iminnl prosecutions (on cases arising on or after April 1, 1994) that are tried to a jury. The parties agree that during this contract period, they will keep records of the number of criminal prosecutions that result in jury trials and the average length of the jury trials. Based upon this information, the parties will discuss the appropriate compensation for adjustment of the fixed fee for time spent on criminal prosecutions that result in jury triai~. The fixed fee will include the criminal prosecution or resolution of an estimated 3,200 active criminal files of the City, including the resolution of cases stemming from a failure to app~r in or warrant for arrest. Cases scheduled on the current 60 day court calendar shall be the r~sponsibility of the City. The Firm shall .'::bruit a: ac attached exhibit tc, this afir~em~a; a list of th6 Firm's attorneys and their prescribe~[ rate for the additional services listed above. Charges for necessary expenses incurred in travel, lodging, meals, and long distance telephone calls will be payable by the City. No separate charges will be made for clerical services, printing, or publication costs except that copies will be charged at .10/bache ($ .. ) per page. Westlaw is billed at --c. os-~__ ($ ) par minace. Mileage is charged at $ . 29 Facsimile charges are $ 5.00/fax , The services provided under the fixed fee agr~ment provided above will be billed in twelve ~lual monthly installments (S. ~EE ATTACHED EXHIBIT A ). Fees for services provided under the fixed f~ agreement, foes for services provided under the hol~Jy rates described above and for covered expenses shall be due and payable within thirty (30) days following receipt of monthly billings. The monthly billings will itemize time expended, services rendered, and necessary expenses incurred. This contract shall become effective on the date that it is executed by the city and shah continue for a period of one calendar year following t~ date that the Firm first begins to perform criminal prosecution services for the City. Except for compensation for time spent performing criminal prosecutions on cas~ that ara tried to a jury~ which is subject to negotiations as provided above, the fee schedule shall not be increased for the twelve month period following the date that we first begin to perform criminal prosecution services for the City. Thereafter, the parties shall discuss the appropriate compensation for the next year of tha term of this contract. In the event failure to on the appropriate compensation for the rentainder of this contract will terminate the contract. Such termination shall be effective through the las~ day of the year on which the parties were able to a~ree on the appropriate compensation. GENERAL MATTER~ The Firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. The Firm certifies that it will comply with all affirmative action/equal employment opportunity requirements of the City and shall not discriminate under the contract against any person in accordance with federal, state, and local regulations. .4- ACCEPTANCE The above proposal is hereby accepted by the Columbia Heights City Council this July , 1994: day of By: Joseph Sturdevant, Mayor Attest: Patrick Hentges, Manager The above proposal is accepted by the law l~irm of FREEMAN & ALTON, LTD. this ~ day of July ..... , 1994: Kevin E..Giebel Gerald R. Freeman EXHIBIT BILLING August 1, 1994 $3,000.00 September 1, 1994 ---$3,000.00 October 1, 1994 ---$11,500.00 November 1, 1994 ---$11,500.00 December 1, 1994 .................. ...... $11,500.00 January 1, 1995. ~to July 1, 1995 --$12,250.00 7. At,gust 1, 1995 .to September 1, 1995 .... $8,500.00 CITY COUNCIL LETTER Meeting of: July 25, 1994 AGE~DA SECTION: New Business ORIGINATING DEPT.: CITY MANAGER NO:1 9 Building Inspections APPROVAL ~ BY:~(~.~::~ ITEII: Award Demolition of 3950 N.E. 2nd BY: Joe Voels ,.. St / ~ ~ DATE: July 21, 1994 NO: Three quotes for the removal of this house and garage were obtained earlier this year but these quotes were not tied into any specifications and subsequently, no performance bond or removal of asbestos containing materials were included in the low bid. A specification (dated 7/5/94) for the removal of this house was developed and the three original contractors were requested to re-bid the removal of the house and garage (including removal of asbestos containing materials and a performance bond being required). Ray Anderson and Sons Co., Inc. submitted a low bid of $5,400, Thomas Contracting (for Thor Construction) was second with a bid of $5,658 and Disposal Systems, Inc. refused to re-bid the project due to a performance bond and "named insured" (or Certificate of Insurance) being required. The property owner has signed an agreement to refund the City for funds dispensed to cover the cost of this project. RECOMMENDED MOTION: Move to award the demolition of 3950 N.E. 2nd Street to Ray Anderson and Sons Co. Inc., based upon their low, qualified responsible quote in the amount of $5,400 with funds to be appropriated from Fund 415-59407-3050; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ACTION: TC FR DA SU On re~ a s~ As pre In', pre as T~ Sex dee Th pe~ pa: COl lb Ci~ pti B~ )M: FE: 5JECT: ~ITY OF COLUMBIA I-i~JGHTS COLUMBIA HEIGHTS/HILLTOP CABLE COMMU/ICATIONS :: ;~ ~AIAw~F~: ~ i~ SCCOI~ CCi~UMNECMIBLE R ~J~ , JULY 20, 1994 THE CITY'S RATE ORDER TO MEREDITH CABLE COMMISSION July 14, 1994, Linda Magee, Assistant to the City Manager, Tom Creighton, Cable Attorney, and I met with resentatives of Meredith Cable Company at the request of Meredith to receive additional information regarding ;ttlement proposal which Meredith was offering to the City. you know, the City has been certified as a rate regulatory authority, and consistent with that authority, has ceeded to regulate the rates for basic service for Meredith Cable. Vieredith's original rates, they had included a charge to recover their alleged expenses for providing community gramming for the city. The City ordered Meredith to cease such charges and to refund for those over charges, veil as for some technical adjustments in the rates, as recommended by the accountant. · . City's Rate Order was appealed by Meredith to the FCC, but the appeal was filed one day late. The Cable vices Bureau of the FCC denied the appeal and upheld the order of the City. The cable company appealed the ',ision of the Bureau to the full FCC, and no response to the appeal has been received. cable company has now offered a settlement proposal to the City. The proposal offers to make the refund as the Rate Order from September 1993, to July 14, 1994. It also includes, however, a request to begin again to s on to subscribers the charges for community programming (PEG fees). The City has previously ordered the npany not to pass through PEG fees. ;lieve that the current Order of the City should remain in effect unless the cable commission recommends to the y Council and it agrees and directs staff to further negotiate settlement. Otherwise, I will assume that staff will ~ceed to enforce the original Order of the City regarding Meredith's rates. tsh dmemo. BN CITY COUNCIL LETTER Meetin§ of: July 25, 1994 AGENDA SECTION: New Business ORIGINATING DEPT.: CITY MANAGER NO :/9 Buildin§ Inspections APPROVAL ITE~: Award Demolition of 3950 N.E. 2nd BY: Joe Voels DATE: July 21, 1994 NO: , Three quotes for the removal of this house and Eara§e were obtained earlier this year but these quotes were not tied into any specifications and subsequently, no performance bond or removal of asbestos containing materials were included in the low bid. A specification (dated 7/5/94) for the removal of this house was developed and the three original contractors were requested to re-bid the removal of the house and garage (including removal of asbestos containing materials and a performance bond being required). Ray Anderson and Sons Co., Inc. submitted a low bid of $5,400, Thomas Contracting (for Thor Construction) was second with a bid of $5,658 and Disposal Systems, Inc. refused to re-bid the project due to a performance bond and "named insured" (or Certificate of Insurance) being required. The property owner has signed an agreement to refund the City for funds dispensed to cover the cost of this project. RECOMMENDED MOTION: Move to award the demolition of 3950 N.E. 2nd Street to Ray Anderson and Sons Co. Inc., based upon their low, qualified responsible quote in the amount of $5,400 with funds to be appropriated from Fund 415-59407-3050; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ACTION: CITY COUNCIL LETTER Meeting of: 3uly 25, 1994 NDA SECTION: New Business 9 : Award Overhead Doors - Fire Dept. ORIGINATING DEPT.: Building Inspec~ion BY: 3oe Voels DATE: July 2t, 1994 CITY MANAGER APPROVAL Quotes were verbally solicited from four commercial door companies to remove and replace the six overhead doors in the Fire Department garage area. The highest R-value possible along with several options for glazing were requested and are outlined in the attached break-down of the quotes received. The different options were reviewed with Fire Chief Charles Kewatt and he has requested that one full vision horizontal glass section be installed (similar to existing). Without the vision panels, the garage area is extremely dark and the lighting would have to be on at all times. Staff recommends that the glazing be of insulated glass (two panes spaced 1/2 inch apart). Four quotes were returned and Staff recommends that the second lowest quote, Twin City Door, be accepted due to the higher R-value of the insulated solid door panels. The difference in cost between the low bidder, Automatic Door Co., Inc., and the second low bidder, Twin City Door Co. Inc., is only $104.00. Automatic Door Co. was contacted and they stated that they quoted the highest R-value door they have available. Staff contacted Dan Poepping of Honeywell for his opinion as to the amount of time that would be required for a "pay-back" on the additional $104.00. Dan discussed it with his engineering staff and stated that a guestimate would be that (there was not time to run calcs.), at most, it would be three heating seasons ("probably less than this") for the City to realize a "pay-back" on the $104.00 initial outlay. RECOMMENDED MOTION: Move to award the Installation of Overhead High R-Value Doors for the Fire Department to Twin City Door, based upon their low, qualified responsible quote in the amount of $8,184.00, with funds to be appropriated from Fund 411-41540-5120; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ACTION: [ --~GENI' NO. On June Specifica deadline. Staff is RECON Products appropm salne. MAW:jI: 94- CITY COUNCIL LETTER Meeting of: 7/25/94 ~A SECTION: NEW BUSINESS 9 AWARD OF RUBBER SURFACED CROSSING MATERIALS, PROJECT #9402 ORIGINATING DEPARTMENT: PUBLIC WORKS i. \ BY: M. Winson/Lfr~') DATE: 7/14/94 CITY MANAGER DATE: 5, 1994, Council authorized staff to seek quotes for Rubber Surfaced Crossing Materials, Municipal Project #9402. ions were sent to three companies approved by C.P. Rail System. Three quotations were received prior to the July 1, 1994, The quotes and delivery times are shown below: Company )MNI Products, Inc. ti-RAIL Corporation 3oodyear Tire & Rubber Company Total Quote Delivery Time $7,992.00 1-2 weeks $8,100.00 1-2 weeks $8,640.00 45 days :commending award of the material purchase to OMNI Products, Inc. VlENDED MOTION: Move to award the Rubber Surfaced Crossing Material purchase, Municipal Project #9402, to OMNI Inc. of McHenry, Illinois, based upon their low, qualified, responsible quote in the amount of $7,992.00 with funds to be .ted from Fund 402-59402-2160; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the ACTION: FOR DATE CITY OF COLUMBIA HEIGHTS QUOTATION TO SUPPLY MATERIALS Rubber Surfaced Crossing Material June 15, 1994 RECEIVED JUN g 7 1994 Public Wcr',~s Dept. We the undersigned agree to furnish all material required to install robber crossing surface in compliance with the following specifications: General Specifications Supply neal feet of robber surfaced crossing material for Soo Line Standard 115 pound continuous welded rail. The material shall be heavy duty full depth robber. Tapered end plates are not required. Basis of Award: Award shall be based upon, but not limited to, the factors of price and delivery date, and the City's knowledge of and experience with the bidder's past performance and product. Proposal: WARRANTY 6 Years DELIVERY AS REQUIRED TOTAL AMOUNT OF QUOTATION $7992. oo QUOTATIONS MUST BE RETURNED BY July 1, 1994 We understand that this quotation may not be withdrawn for a period of sixty (60) days from the date of submittal. Film Name OMNI PRODUCTS INC. Address 39 ll/DAYTON STREET 1 PHONE 800-275-9848 CITY COUNCIL LET'FER Meeting of: 7/25/94 I~GENDA SECTION: NEW BUSINESS 40. 9 TEM:IAPPROVAL OF RESTATED SIX CITIES aO. /WMO JOINT POWERS AGREEMENT ORIGINATING DEPARTMENT: PUBLIC WORKS BY: M. Winson ~C~J~ DATE: 7/15/94 CITY MANAGER The atto~ compliar There ar, The orig The seco days in Sufff re{ RECOM and, furt IvIAW:j[ 94-452 Attachm ney for the Six Cities WMO has drafted the attached Restated Joint Powers Agreement for the WMO to bring the document into ce with current State Statues. '~ only two technical changes from the original document. The first change is the reference to Minnesota Statute Chapter 103. ~nal JPA referenced Statues 473.875 to 473.883 which were in effect at that time. nd change is in Section 2.5 dealing with vacancies. This section has been changed to required that vacancies be filled within 90 esponse to the current requirements of Chapter 103. )mmends that the Restated Joint Powers Agreement be approved. MENDED MOTION: Move to approve the Restated Joint Powers Agreement for the Six Cities WMO dated May 20, 1994; ~ermore, to authorize the Mayor and City Manager to sign the agreement. mt ACTION: RESTATED JOINT POWERS AGREEMENT May 20, 1994 THIS AGREEMENT entered into as of the date of execution by and between the Cities of: BLAINE COLUMBIA HEIGHTS COON RAPIDS FRIDLEY HILLTOP SPRING LAKE PARK for the establishment of a watershed management organization. WHEREAS, the cities to this Agreement have authority pursuant to Minnesota Statutes, Section 471.59 to jointly or cooperatively by agreement exercise any powers common to the contracting bodies pursuant to Minnesota Statutes, Section 103B; and WHEREAS, the cities bound into this Agreement desire to jointly manaqe the proqrams required by Minnesota Statutes Chapter 103~ NOW THEREFORE, the parties to this Agreement do mutually agree as follows: SECTION I GENERAL PURPOSE 1.1 It is the general purpose of the parties to this Agreement to establish an organization to jointly and cooperatively develop a Watershed Management Plan and a Capital Improvement Program for the purposes of preserving and using natural water storage and retention systems in order to (a) reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of runoff; (b) improve water quality; (c) prevent flooding and erosion from surface flows; (d) promote groundwater recharge; (e) protect and enhance fish and wildlife habitat and water recreational facilities; and (f) secure the other benefits associated with the proper management of surface water. 1.2 Definitions: The following terms and words are defined for use in this Agreement: (a) City - a municipality which enters into this Agreement. (b) Governing body - the elected officials of the City entering into this Agreement. (c) Improvement construction projects which are either designed or affect the surface water flow and/or quality. (d) Member - representative of a city appointed in accordance with this agreement to serve in the organization. (e) Party - a city which executes and enters into this Agreement. (f) Shall - is mandatory and not directory. SECTION II SIX CITIES WATERSHED MANAGEMENT ORGANIZATION 2.1 Establishment: (a) There is hereby established the "Six Cities Watershed -2- Management Organization" whose membership shall be appointed in accordance with the provisions of this section and whose duties shall be to carry out the purposes contained herein. (b) The Six Cities Watershed Management Organization shall be the parent organization for the six subdistricts identified as Coon Rapids West which includes Coon Rapids; Pleasure Creek including Blaine and Coon Rapids; Spring Brook Creek including Blaine, Coon Rapids, Fridley and Spring Lake Park; Stonybrook Creek including Fridley and Spring Lake Park; Oak Glen Creek including Fridley and Spring Lake Park; and CFH South including Columbia Heights, Fridley and Hilltop as identified in Exhibit (c) The Organization shall notify the Board of Water and Soil Resources of member appointments and vacancies in member positions within thirty (30) days. The governing body of each party shall fill vacant positions within 90 days after the vacancy occurs. (d) The governing body of each party shall publish a notice of vacancies resulting from expiration of members' terms and other reasons. The notices must be published at least once in a newspaper of general circulation in the Watershed Management Organization area. The notices must state that persons interested in being appointed to serve on the Watershed Management Organization may submit their names to the governing body of each party for consideration. Published notice of the vacancy must be given at least fifteen (15) days before an appointment or reappointment is made. (e) The governing body of each party may remove appointed members of the Watershed Management Organization for just cause. (f) The Six Cities Watershed Management Organization, hereinafter referred to as the "Organization", shall be constituted as described in Section 2.2. 2.2 Membership Appointment: (a) The governing body of each party to this Agreement shall appoint one representative to serve as a member of the Organization. Each member shall have one vote. Membership in or representatives to the Organization shall be evidenced by resolution of the governing body of each party, filed with the Organization. (b) The appointed member of the Organization shall also be the designated member to the appropriate subdistrict. 2.3 Alternate Members: One alternate member to the Organization shall be appointed by appropriate resolution of the governing body of each party to this Agreement and filed with the Organization. The alternate may attend any meeting of the Organization and, where the regular member is absent, vote on behalf of the party the member represents. If an Organization member is also an officer of the Organization, the alternate shall not be entitled to serve as such officer. 2.4 Term: The members of the Organization shall not have a fixed term but shall serve at the pleasure of the governing body of the party appointing such member to the Organization. 2.5 Vacancies: A vacancy in the Organization shall be filled by the governing body of the party whose membership position in the Organization is vacant, within ninety /90) days after the vacancy occurs. 2.6 Compensation and Expenses: The Organization members shall not be entitled to compensation or reimbursement for expenses incurred in attending meetings, except to the extent that the governing body of a party might determine to compensate or reimburse the expenses of the member it appoints, in which case the obligation to make such payments shall be that of the party not that of the Organization. 2.7 Officers: The Organization shall elect from its membership a chair, a vice-chair, a secretary and a treasurer and such other officers as it deems necessary to reasonably carry out the purposes of this Agreement. Ail such officers shall hold office for a term of one year and until their successors have been elected and qualified by the Organization. An officer may serve only while a member of the Organization and may be re-elected to an office. A vacancy in an office shall be filled from the membership of the Organization by election for the remainder of the unexpired term of such office. 2.8 0uorum: A majority of all voting members to the Organization shall constitute a quorum, but less than a quorum may adjourn a scheduled meeting. 2.9 Meetinqs: Regular meetings of the Organization shall be established by the Organization. Special meetings may be held at the call of the chair or by any two members giving not less than forty-eight (48) hours written notice of the time, place and purpose of such meeting delivered or mailed to the -5- office of each Organization member. Ail meetings of the Organization are subject to Minnesota Statutes, Section 471.705 and shall be conducted in accordance with Roberts Rules of Order. 2.10 Organization Office: The office of the Organization shall be determined by the Organization on an annual basis. All notices to the Organization shall be delivered or served at said office. SECTION III POWERS AND DUTIES 3.1 Upon execution of this Agreement by the parties, the Organization shall have the authority as follows: A. The authority to prepare and adopt a Watershed Management Plan meeting the requirements of Minnesota Statutes, Section 103B.231. B. The authority to review and approve local water management plans as provided in Minnesota Statutes, Section 103B.235. C. The authority of a Watershed District under Minnesota Statutes, Chapter 103D, to initiate and complete capital improvement projects and regulate the use and development of the land when issues cannot be resolved at the subdistrict level. D. Other powers necessary to exercise the authority under clauses A through C including the power to enter into contracts for the performance of functions with governmental units or persons. 3.2 Subdistricts: (a) Each member of a subdistrict shall advise the other members within the subdistrict of any changes to the Local Watershed Management Plan or changes in land use or zoning involving more than one acre. Responses will be submitted within ten (10) days. Failure to respond shall imply approval. (b) The members of the subdistricts shall attempt to resolve any disputes involving the Watershed Management Plan. If the issue cannot be resolved, it will be presented to the Organization for decision in accordance with the provisions of Section 3.6 of this Agreement. (c) Disputed changes involving watershed management issues shall not be consummated until the dispute is resolved. 3.3 Employment: The Organization may contract for services, may utilize existing staff of the parties, and may employ such other persons as it deems necessary. The Organization shall at least every two years solicit interest proposals for legal, professional, or technical consultant services before retaining the services of an attorney or consultant or extending an Annual Services Agreement as provided by Minnesota Statutes, Section 103B.227, Subd. 5. Where staff services of a party are utilized, such services shall not reduce the financial commitment of such party to the operating fund of the Organization. Where the utilization of staff services is substantial, such services shall reduce the financial commitment of such party when the Organization so authorizes. 3.4 Committees: The Organization may appoint such committees and sub-committees as it deems necessary. 3.5 Rules and Requlations: The Organization may prescribe and promulgate such rules and regulations as it deems necessary or expedient to carry out its duties and the purposes of this Agreement. 3.6 Review and Recommendations: (a) Where the Organization is authorized or requested to review, make recommendations, and/or resolve any matter, the Organization shall act on such matter within seventy (70) days of receipt of the matter referred, unless the Organization requests and receives from the referring party an extension of time to act on the matter referred. If the matter involves works of improvement projects, the Organization may establish a time limit for resolution to allow for appropriate engineering review and analysis. (b) Where the Organization makes recommendations or decisions on any matter to a party, the governing body of a party choosing not to act in accordance with such recommendations or decisions shall submit a written statement of its reasons for doing otherwise to the Organization within twenty-one (21) days of the Organization's action. The Organization shall review the written statement and affirm or modify its recommendations or decisions within twenty-one (21) days after receipt of the written statement. (c) The decisions of the Organization shall be determined by a two-thirds 2/3rds) vote. 3.7 Financial Matters: Subdivision 1 - Method of Operation: (a) The Organization may tax and receive money, in equivalency thereof, from the parties in accordance with 8 Minnesota Statutes, Sections 103B.205 to i03B.231, at the discretion of the parties and said funds shall be due and payable on the date that taxes would normally be received by the Organization. (b) The Organization may apply for and receive funds from any other source it may approve. (c) The Organization may incur expenses and make expenditures and disbursements necessary and incidental to the effectuation of the purposes of this Agreement. Funds may be expended by the Organization in accordance with procedures established herein. (d) Orders, checks and drafts shall be signed by the chair or vice-chair and the treasurer. Other legal instruments shall be executed on behalf of the Organization by the chair and secretary. Subdivision 2 - ODeratinq Funds: On or before August 1st of each year, the Organization shall prepare an operating budget for the following year for the purpose of providing funds to operate the Organization's business. Annual administrative expenses shall be budgeted and borne by each party in proportion to its current assessed valuation under the jurisdiction of the Organization as compared to the assessed valuation of all property under the jurisdiction of the Organization. The budget shall be recommended to the parties for ratification only upon two-thirds approval of all voting members of the Organization. After approval by two-thirds of the parties, the Secretary shall certify the recommended budget to the County Assessor on or before September -9- 1st of each year. The Organization shall receive the amount owing through taxes unless a city requests separate billing, whereby the Organization shall notify the County Assessor of this change and obtain payment in two equal installments; the first on or before January 1st and the second on or before July 1st in accordance with the tax year for which the amount due is being paid. Subdivision 3 - Cost for Review Services: (a) When the Organization is authorized or requested to undertake a review, submit recommendations to a party or resolve an issue as provided in this Agreement, the Organization shall conduct such review, without charge, except as provided below. (b) Where the project size and complexity of review are deemed by the Organization to be extraordinary and substantial, the Organization may charge a fee for such review services, the amount to be based upon direct and indirect costs attributable to that portion of review services determined by the Organization to be extraordinary and substantial. Where the Organization determines that a fee will be charged for extraordinary and substantial review services, the party to be charged shall receive written notice from the Organization of the services to be performed and the fee therefor, prior to undertaking such review services. (c) Unless the party to be charged objects within twenty-one (21) days of receipt of such written notice to the amount of the fee to be charged, such review services shall be performed and the party shall be responsible for the cost -10- thereof. If the party to be charged objects to the proposed fee for such services within twenty-one (21) days and if the party and the Organization are unable to agree on a reasonable alternative amount for review services, such extraordinary and substantial review services shall not be undertaken by the Organization. 3.8 Annual Accounts: The Organization shall make full and complete financial accounting and report to each party annually. All of its books, reports and records shall be available for and open to examination by any party at all reasonable times. 3.9 Gifts, Grants, Loans: The Organization may, within the scope of this agreement, accept gifts, apply for and use grants or loans of money or other property from the United States, the State of Minnesota, a unit of government or other governmental unit or organization, or any person or entity for the purposes described herein; may enter into any reasonable agreement required in connection therewith; shall comply with any laws or regulations applicable thereto; and shall hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. 3.10 Contracts: The Organization may make such contracts and enter into any such agreements as it deems necessary to make effective any power granted to it by this Agreement. Every contract for the purchase or sale of merchandise, materials or equipment by the Organization shall be let in accordance with the Uniform Municipal Contracting Law, Minnesota Statutes, Section 471.345 and the Joint Exercise of Power Statute, -11- Minnesota Statutes, Section 471.59. No member or employee of the Organization or Officer or employee of any of the parties shall be directly or indirectly interested in any contract made by the Organization. 3.11 Works of Improvement: (a) All capital improvement projects affecting the adopted Watershed Management Plan shall be reviewed by the Organization to insure they are not in conflict with the Plan. The Organization shall act on said projects within seventy (70) days. (b) Projects for protection and management of the natural resources of the Watershed Management Area, including but not limited to, improvements to property, land acquisition, easements or rights-of-way, may be initiated by: Subdistricts in which the improvement is located; (i) or (~) Recommendation of the Organization to a party or parties; or (3) Petition to the Organization by the governing body of a party or parties. (c) When projects are recommended by the subdistrict, the parties involved with each subdistrict shall endeavor to develop and agree on any projects including the extent of the project and the financing. (1) If agreement is reached, one or the other of the parties shall design and cause such work to be done and certify said costs to the Organization for certification to the County and/or billing to the parties including engineering costs, if so agreed upon. -12- (2) If agreement cannot be arrived at amongst the subdistrict parties, said project may be appealed to the Organization for resolution in accordance with the provisions of Section 3.6 of this Agreement. (d) When projects are recommended by the organization, and it determines that the benefits from the improvement will be local, or not affect properties outside the boundaries of the party in which the improvement is to be established, the Organization shall recommend such improvement to the party which the Organization determines will be benefited thereby, with the total estimated cost of the improvement and a description of the benefits to be realized by said party. (e) When projects are recommended by the Organization, and it determines that benefits from the improvement will be subdistrict wide or realized beyond the boundaries of the party in which the improvement is to be established, the Organization shall recommend such improvement to each party which the Organization determines will be benefited thereby. The recommendation of the Organization shall include the total estimated cost of the improvement, a description of the extent of the benefits to be realized by each party and the portion of the cost to be borne by each party in accordance with the extent of the benefit to each party as described by the Organization. (1) Each party to whom the Organization submits such recommendation shall respond within twenty-one (21) days from receipt of such recommendation. (2) Ail parties to whom such recommendations are directed shall ratify and undertake said improvement, -13 - or the Organization shall resolve the issues in accordance with the provisions of Section 3.6 of this Agreement. (f) When projects are initiated by the governing body of a party or parties to this Agreement, said party or parties shall submit a petition to the Organization setting forth a description of the proposed project, the benefits to be realized by said improvement, its total estimated cost and a proposed cooperative method for implementation of the improvement, if applicable. The Organization shall review and make recommendations on the proposed improvement and its compliance with the Organization's management plan in accordance with the provisions of Section 3.6 of this Agreement. (g) When a proposed improvement may be eligible for federal or state funds as a cost-shared project, the Organization may apply for said funds subject to the Organization's ratification by two-thirds (2/3rds) of the members. (See Minnesota Statute, Section 103B.211(1) (C) . (h) The Organization is further authorized to undertake experimental improvement projects within the Area to serve as a basis for evaluation of other improvements by the parties. When the Organization determines to undertake an experimental improvement project, it shall follow the procedure outlined in Section 3.11(e) . 3.12 Maintenance of Improvements: (a) The Organization shall levy taxes for the maintenance of facilities within the jurisdiction of one of the parties upon request of the governing -14 - body of said party. In addition, upon agreement by the parties within a subdistrict, in any manner agreed upon by said parties, the Organization shall levy taxes within the subdistrict as requested by the parties. (b) This Agreement shall not preclude any subdistrict's members from entering into Joint Powers Agreements for operation, maintenance, or improvements within the subdistrict to the extent they do not conflict with rules, regulations, and the capital improvement plan of the Organization. Such agreements shall not require approval of the Organization. 3.13 Insurance: The Commission may purchase property and public liability insurance as it deems necessary. 3.14 General: The Organization may take all such other actions as are reasonably necessary and convenient to carry out the purposes of this Agreement. SECTION IV ARB I TRAT I ON 4.1 The parties to this Joint Powers Agreement agree that any controversy that cannot be resolved between the parties and the Organization through the review and recommendation procedures outlined herein shall be submitted to binding Arbitration. The Uniform Arbitration Act (Minnesota Statutes, Sections 572.08 - 572.30) is adopted by the Organization as the authority to be followed in submitting all controversies to Arbitration. The result of the Arbitration shall be binding on the parties and the Organization. Arbitration shall be by a -15 - panel of three arbitrators. The parties and the Organization shall each select one arbitrator to represent its position in the controversy. The two arbitrators shall then select a third arbitrator, and in the event they are unable to agree on a third arbitrator, either side may petition the District Court to appoint a third arbitrator. Thereafter, Arbitration shall proceed as outlined in the Uniform Arbitration Act. SECTION V TERMINATION OF AGREEMENT 5.1 This Agreement may be terminated by approval of two-thirds vote of the governing bodies of each party hereto, provided that all such approvals occur within a ninety (90) day period. SECTION VI DISSOLUTION OF ORGANIZATION 6.1 Upon dissolution, all personal property of the Organization shall be sold and the proceeds thereof, together with monies on hand after payment of all obligations, shall be distributed to the parties. Such distribution of Organization proceeds and monies on hand shall be made in proportion to the total monetary contributions to the Organization made by each party. Ail payments due and owing for operating costs under Section 3.7, Subdivision 2, or other unfulfilled financial obligations, shall continue to be the lawful obligation of the parties. -16- SECTION VII AMENDMENT 7.1 The Organization may recommend changes in and amendments to this Agreement to the governing bodies of the parties. Amendments shall be adopted by a two-thirds (2/3rds) vote of the governing bodies of each party within ninety (90) days of referral. Amendments shall be evidenced by appropriate resolution of the governing bodies of each party filed with the Organization and shall, if no effective date is contained in the amendment, become effective as of the date all such filings have been completed. SECTION VIII AGREEMENT 8.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of complete execution hereof by the parties. CITY OF BLAINE By SEAL Dated: By SEAL Dated: SEAL Dated: Mayor City Manager CITY OF COLUMBIA HEIGHTS By By Mayor City Manager CITY OF COON RAPIDS By Mayor City Manager -17- SE~L Dated: SEAL Dated: SEAL Dated: CITY OF FRIDLEY By By Mayor CITY OF HILLTOP City Manager Mayor By City Clerk CITY OF SPRING LAKE PARK By. By Mayor City Clerk -18 - CITY COUNCIL LETTER Meeting of: July 25, 1994 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 9 APPROVAL ITEM: ESTABLISH WORK SESSIONS BY: P. HENTGES BY: ~"~ NO 9 E DATE: 7-20-94 DATE: I aml recommending that Work Sessions be established for August 1, 1994, at 8 P.M.; August 16 at 71 P.M., and August 29, 1994, at 8 P.M. A me P.M. RECO 1994 ~ting with Mike Gair and the Mayor and City Council has been set for August 9, 1994 at 7 ~MENDED MOTION: Move to establish Work Sessions for August 1, 1994 at 8 P.M.; August 9, at 7 P.M., August 16, 1994 at 7 P.M., and August 29, 1994 at 8 P.M. 0UNCIL ACTION: TO CITY COUNCIL JULY 25, 1994 *Signed Waiver Form Accompanied Application AI3PRO\ Buildl I! II II II 'ED BY CONTRACTORS ng Inspector II II Safety & Health, B~Jilding, Fire Dept. Anoka~County Health *ABF Company *Albers Mechanical *Blacktop Paving of Mn. John Longley *North Site Concrete GROCERY SALES Rift Valley Importers 1994 LICENSE AGENDA LICENSED AT FEES 3906 Russell Ave. !1. $ 40.00 200 W. Plato 40.00 9159 Isanti St. !I.E. 40.00 9423 Cain Road 40.00 5125 Brookdale Dr. 40.00 4022 Central Avenue 100.0-0 Safet] Bldg. Anoka POLIC! ' & Health, 'Fire Dept., County Health DEPT. RESTAURANT/DELI Rift Valley Importers 4022 Central Avenue 50.00 TRANSIENT MERCHANT *Kiwanis Club of Col.Hgts./Fridley c/o Karen A. Schaub *SEE LETTER ATTACHED 5250 Central Ave. Pkg. lot REQUEST FEES BE WAIVED Columbia Heights - Fridley Kiwanis Club % Karen Schaub, President %Community Education, 1400 49th Ave NE COLUMBIA HEIGHTS, MN 55421 Phone 574-6505 Meetings: Tuesday Noon June 20, 1994 IMayor Joseph Sturdevant & Members of the City Council City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 RE: Request for Waiver of License Fee for General License to Sell Peaches Dear Mayor Sturdevant and Honorable Members of the City Council: Respectfully request that the ordinary $50.00 license fee be waived for the Kiwanis Club. As per the attached application, the Kiwanis Club(a service club) will be selling fresh tree ripened peaches from Colorado as a fund raising project to support its youth projects. We will be using the net proceeds of $1,500 to $2,000 to fund our College Scholarship Program for 1995(a $750 scholarship is given to a graduating senior from the Columbia Heights High School and another $750 scholarship is given to a senior graduating from the Fridley High School). Any residual funds will be used to help fund our annual Youth Leadership Institute which is attended by over 30 Junior Class high school students. The Youth Leadership Institute costs the club over $7,500 each year. The peaches that we will be selling from a semi-truck trailer or smaller refrigerated truck at the First Bank in Columbia Heights -~ ~_ 4__ , We will be selling the peaches for ------ - - -'"-- -'------------'~ - --$18-00-Per~C~Se(lug) Which"ho~dS'from 40 to 50 peaches depending on size. We plan on selling the peaches during a three day period during either the second or third week of August depending upon when the peaches 'are tree ripe and arrive in Columbia Heights from Palisade, Colorado. We and the beneficiaries of our youth programs would sincerely appreciate your waiver of the $50.00 fee. If you have any questions in regard to this request, please contact Dick Walquist(Project Chair) at 788-3400 or Don Schneider at 782-2855(work) or i782-9410(home). Respectfully, Karen Schaub President cc: Dick Walquist CITY OF COLUMBIA HEIGHTS TO: MAYOR AND CITY COUNCIL FROM: PAT HENTGES, CITY MANAGER DATE: JULY 8, 1994 RE: CITY MANAGER'S REPORT REGULAR COUNCIL MEETING OF JULY 25, 1994 1) REFUSE REPORT Attached please find the Refuse Report for May and June, 1994. Questions should be directed to Jean Kuehn, Special Projects Coordinator. 2) WESTHEIMER COMPLAINT Enclosed please find background information regarding the complaint by David Westheimer of 3857 Van Buren Street. Mr. Westheimer is concerned about the City not prohibiting use of a tractor tire as a planter. As I stated to Mr. Westheimer, I believe the circumstance next door to him is a larger issue for the City than simply requiring the removal or citing the property under the provisions of the refuse ordinance. I had offered to discuss this matter with the City Council, and suggest that we come up with an ordinance that addresses "appropriate and/or tasteful use of recyclable material" and to address the existing tires or other recyclable material that are likely commonplace in the City, such as tractor tires, sandboxes, tire swings, etc. Mr. Westheimer indicated that he wished to appear before the City Council to express his dismay with City staff in not enforcing the ordinance and perhaps how the matter was handled by the Police, Mayor, and Building Official and City Manager, who last discussed it with him. 3) 1242/48 CIRCLE TERRACE COMPLAINT FOLLOW UP You recently received a letter to property owners who have complained about the conditions and tenant problems associated with property owned by Donald Ging on Circle Terrace. City staff met with Mr. Ging on Thursday to discuss our concerns with the condition of the property and police calls to the addresses. Mr. Ging indicated that he was going to talk to the tenant about the police calls. We emphasized that perhaps it is too late and the item may likely come before the Council to establish a revocation hearing if more stringent action isn't taken at the next regular Council meeting in August. Further, I have directed the Assistant Fire Chief to inspect the property one more time to determine the status of the outstanding code violations. Mr. Ging does have until early August to respond to all of the final inspection notices, and it appears that he is on his way to meeting the minimum standards of the housing code. I have asked that the Police and Fire Department deal independently with the unsightly yard and junk vehicle complaints by perhaps ticketing or notifying the tenants or current leaseholder directly. 4) FOURTH OF JULY REPORT Attached please find a report from Mark Casey concerning the final costs of the 4th of July fireworks. The hard expenditures amounted to $5,687 and the in-kind costs of the city departments was $2,998.00. A total of was $6,000 was raised and donated by various community organizations and businesses. This financial support should also be acknowledged by the City Council. 5) CITY FLOWER GARDENS REPORT At the July 14 Work Session, Councilmember Jolly requested a list of the garden areas that were planted by the volunteer organizations this spring. Attached please find a memorandum from Carol Frey, Volunteer Coordinator, addressing Mr. Jolly's request. 6) STATUS OF CONDEMNATION HEARINGS Attached please find a report from the City Attorney regarding the status of various condemnation proceedings. With the exception of property at 3950 2nd Street N.E. (which the demolition costs are scheduled for approval on the agenda), all of the property owners have been uncooperative in negotiating the demolition or corrective actions associated with their property. Therefore, City Attorney must begin the condemnation proceedings by serving the Order of Condemnation formally, likely resulting in a District Court ruling on each case. In the case of 3950 2nd Street N.E., the owner has agreed to have the City take the property down and specially assess the cost, if necessary. He has signed a petition and waiver to that effect. City staff is evaluating an alternative process that the City of Minneapolis uses to expedite the condemnation/demolition process. We will bring this alternative process before the City Council in the near future. 7) STATUS OF STAUCH HOUSING VIOLATIONS As you are aware, Leland Stauch, et. al., was convicted of housing violations (rental of buildings without licenses) in District Court. Mr. Stauch appealed the convictions to the Court of Appeals. City Staff expects a decision on the appeals within the next 30 days. 8) MINNEAPOLIS WATERWORKS PROJECT Attached please find a memorandum from Mark Winson regarding the removal of sediment from the open reservoir at the Minneapolis (Columbia Heights plant) waterworks. I assume that the trucking aspect of this will cause some concern among Columbia Heights's residents living along the truck routes. City staff will monitor the operations of the contractor and the City. 9) VARIOUS REPORTS Attached please find for your information and/or comment the following reports of the jurisdictions and associations: 1) 2) 3) 4) 5) Anoka County Association of Realtors-Recap of Anoka County home sales Department of Housing and Urban Development-No Rent and Section 8 Income Limits and CDBG/Home Program Income Limits Association of Metropolitan Municipalities (AMM) Proposed Housing, Economic Development, and Land Use Legislative Initiatives and Priorities Northern States Power- Report to the Minnesota Public Utilities on the Pilot Program - Project Gemini (of which Columbia Heights is a part of) Anoka County Property and Records/Taxation List of Petitions of Owners Requesting Review of 1993 Tax Assessment Values. lO) STAR TRIBUNE COMMUNITY PROMOTION PROPOSAL I met with officials of the Star and Tribune regarding a proposal to publish a "tabloid size" insert in the paper profiling the virtues and qualities of Columbia Heights. For the most part, the tabloid would be paid for through advertisements of area businesses, and look somewhat like the Saturday "Home' insert. The City and/or School District may have some costs associated with special advertisements in the tabloid. Basically, the articles would be drafted by the Tribune with the facts and marketing message supplied by the City. The tabloid would be distributed in the surrounding distribution zones or in a manner preferred by the City and the advertisers. Brooklyn Park is organizing a distribution for August or September, and this is a good opportunity to monitor the success and image presented by their efforts. I was thinking that a spring distribution might be an opportunity to promote Heights Pride, the Jamboree, Real Estate Open Houses, and perhaps a City Housing Fair. This is not to mention the "mileage" the City and the School District could gain off of some positive stories about the school system, redevelopment efforts, business developments, neighborhood planning, or affordable housing opportunities, and quality of life, etc. 11) 4616 AND 4622 TYLER COMPLAINT Enclosed please find a list of violations for the Tyler Street apartments owned and/or managed by Bill Lueck. The Fire Department is due to reinspect the apartments on the first week of August. In the event the violations are not corrected, the property will be brought before the City Council on August 8 for purposes of scheduling a revocation hearing (for the August 22 City Council meeting). Captain Olson met with Mr. Lueck concerning tenant behavior problems within various apartment units. A couple of the units have already received the first notices on tenant conduct, and one problem tenant is already gone. The second conduct letter will be sent out on another tenant. Mr. Lueck assured Acting Chief Olson that he would take action immediately. With regards to lighting problems, a petition for alley lighting will be sent out by Public Works to the adjacent property owners. Additionally, the Fire Department is still verifying the condition and status of improving the parking lot lighting on the follow up inspection. 12) SCHEDULE OF WORK SESSION ITEMS The following is a tentative agenda of work session items to be discussed in August, in the event the Council approves dates: August 1. meeting: Water System Study Report, Street Rehabilitation Program, County State Aid/Innsbruck Parkway Turnback, Mill Street State Aid August 9 meeting: Consultant will be available to discuss Sheffield planning and site design study. August 16 meeting: City Council Chambers upgrade, status of Cable Regulations, Ambulance Study, and Cigarette Marketing Licensing 8). August 29 meeting: 1995 Budget Introduction (the City Council received the budget on August ETHICS POLICY DRAFT I am in the process of finalizing a draft on the ethics policy. I will distribute the draft next week for City Council review and temporary implementation. The draft will be on the August 8th City Council Meeting for final ratification. In the meantime, we are also gathering information from other cities on how they are addressing the provisions of the bill. 14) WAGAMON SCREENING/ALLEY VACATION As the City Council recalls, you tabled a request by the Wagamon Engine Rebuilding to vacate the alley which borders the east boundary on their property. I met with the Wagamons last week in an attempt to develop a screening plan for their property and to come to some resolution on the alley vacation. I also developed an overall plat of their property and to identify some screening objectives. We have developed a base map and will be outlining the screening plan on the map. I think this is a good beginning because I think the City needs to convey a clear message as to what the City would like to see for screening of their property, and for that matter, other industrial/commercial properties throughout the city. As I've stated in the past, our ordinances are vague and ambiguous in some cases and our conditional use reviews have not in the past adequately addressed the issue of upgrading the screening at the time improvements are proposed for the property. Many industrial/commercial property owners have taken the position that they are grandfathered in to some degree, on the existing ordinances. I will keep the Council updated on the status of this item. 15) PUBLIC HEARING ON REVOCATION OF A LICENSE, 943 42ND AVENUE N.E. This item was originally placed on the draft agenda as a public hearing. We are doing a final inspection as of Monday noon, based on conflicts with owners being available until then. This item may be added to the agenda, based on the status of that inspection. CITY OF COLUMBIA HEIGHTS TI F: D S1 IOM: ATE: PATRICK HENTGES, CITY MANAGER JEAN KUEHN, SPECIAL PROJECTS COORDINATOR JULY 11, 1994 5BJECT: SOLID WASTE REPORT - MAY1994 Tonnages for May 1994 (parentheses indicate figures for 1993) Curbside Multi-Unit and Recycling Center Tonnage Curbside ................................... 129.00 Multi-Units ..................................... 4.83 Other commingled accounts (LaBelles) ................ 1.03 Recycling Center: Scrap Iron ..................................... 3.66 Corrugated ..................................... 1.20 Other ..................................... 4.35 Yard Waste Curbside .................................... 73.32 Other Materials Abated Appliances ................................ 185 units Oil ..................................... 850 Oil Filters (crushed) ................................. 0 City Hall Commingled Recyclables ...................... 85 Tires .................................... 7.20 Mixed Municipal Solid Waste Collected Curbside ................................... 557.10 Multi-Unit ................................... 124.75 Municipal Service Garage ........................... 5.23 Participation Rate Recycling Program Per above Statistics ............... 59.3% tons tons tons tons tons tons tons 12.49 tons gal. gal. tons tons tons tons tons (11~2) (4.83) (2.29) (9.77) (1.60) (4.93) (C~86) (8.44) (NA) (NA) (51535) (13(167) (5.40)  lid Waste Report ge 2 2) Hazardous Waste Collection The County sponsors four collections each year and the June 10 and llth collection targeted the Columbia Heights, Fridley, Spring Lake Park communities. All four collections are open to all Anoka County residents, but each city is expected to assist the County in the target area. The June 10 & llth collection served nearly 500 residents, with approximately 120 identified as residents of Columbia Heights. Items collected for proper disposal - - 1,430 gallons of paint, 330 gallons of fuels, 875 cans of aerosol products, 3,875 pounds of pesticides and chemicals, 100 pounds of dioxin waste, 60 pounds of PCB waste, and 264 gallons of driveway sealer that will be recycled locally. Over 50 volunteers from the three communities were needed to make this event run smoothly. Solid Waste Abatement Task Force A representative of the Office of Environmental Assistance (formerly the Office of Waste Management), discussed dealing with "Problem" materials. Appliances, fluorescent lamps, oil, and oil filters, Lead Acid batteries, and "brown goods" (electronics). NSP was directed by the State legislature to assist in the collection and disposal of fluorescents from their residential customers, but they are dragging their feet. There is a great need for markets and means to dispose of the various electronic items (TV's, computers, etc.) as they contain large quantities of lead. Also at this meeting the County distributed the bonus money for 1993 to the cities that successfully met their recycling goal. This money ($5,940.15) must be used for expenses incurred before June 30, 1994, but the County allows the cities a greater latitude for its use. IK/sh ~4/20 CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: SUBJECT: PATRICK HENTGES, CITY MANAGER JEAN KUEHN, SPECIAL PROJECTS COORDINATOR JULY 19, 1994 SOLID WASTE REPORT - JUNE 1994 Tonnages for June 1994 (parentheses indicate 1993 figures) Curbside - Residential, Single Family & Multi-Unit Curbside .............. 130.12 Tons (132.36) Multiple-Units ............. 5.21 Tons (4.00) Other Commingled accounts (LaBelled1 Tons (2.40) Recycling Center: Scrap Iron ................. 7.37 Tons (3.11) Corrugated .................. 21 Tons (2.07) Other ................. 4.73 Tons (5.27) Yardwaste: Curbside ..... 393 cu yds. 68.77 Tons (79.27) Other Materials Abated: Appliances 149 Units (108) 10.06 Tons (7.29) Oil ............... 000 Gallons (750) Oil Filters ............... -0- Gallons (none) City Hall Recycling: Commingled .............. Tires ................ .98 Tons (.59) 2.64 Tons (ha) Mixed Municipal Solid Waste Collected Curbside .... 585.97 Tons (564.88) Multi-Unit 136.75 Tons (132.76) Municipal Service Garage ................................ 6.49 Tons (7.68) Participation Rate: Recycling Program per above statistics ...................... 57.9% (53.2%) RECYCLING PARTICIPATION RATE While numbers "don't lie", they can be deceiving. Looking at the participation rate it would appear that only slightly more than half of the residents of Columbia Heights participates in our recycling program. Please keep in mind the method used to compute that figure. Many people do not set out their recycling every week, often only twice each month. Since the data is compiled based on the number of house serviced each time, and does not recognize that resident "A' recyled last week and resident 'B" may recycle this week, the data show 50% because only one of the two possible recycled each time it was available. Having just completed the SCORE report for the county it becomes very clear that closer to 80 or 85% of Heights residents are recycling because of the excellent tonnages that are collected in this city on a regular basis. For the first 6 months of 1994 Columbia Heights recycled 804.7 TONS! That is a comfortable margin over the 748 tons which would be needed to put us on target to meet our goal of 1,496 tons for the year. July 12, 1994 David~estheimer 3857 Van Buren St. NE Columbia Heights, Mn 55421 Dear Mr. and Mrs. Westheimer, In response to your concern about the tire in the front yard at 3853 Van Buren, we have examined the various ordinances carefully and it is the consensus that it does not violate any of our current ordinances. The attached ordinances are specifically dealing with discard, unused items. While it may not suit your taste or mine it is not in the same catagory as a discarded tire that is just lying in the yard,- unused. It is more in the catagory of reuse of an item for landscape purpose, similar to using an old tire for a child's swing from a tree. It is no longer considered trash, since it is still being used for an acceptable purpose. Re-use of old items is not only appropriate but very desirable as a means of minimizing the garbage and trash that we must continually attempt to get rid of. Chaper 8, Article III, Section 1,8.301.c of the Public Health and Safety code references items that are considered "recyclable" and "reuseable". Tires clearly are in this catagory. Since the reuse of this type of item is clearly defined, and deemed desirable, it cannot be consider in violation of any ordinance. If this were a health or saftey hazard we would consider it a serious problem, and it would require the council to make a change in our current ordinance, keeping in mind that a more restrive ordinance may effect many people in ways that were never intended. Realistically, we cannot pass laws that make people do what we would like and we cannot legislate what we consider tasteful, so our only alternative is to ignore or tolerate what we consider to be less than desirable. Sincerely, Pat Hentges City Manager SECT] 9.1171 9.117 (z) ON 17 1) PERFORMANCE STANDARDS 9.117 (i3) Purpose The performance standards established in this section are designed to prevent and eliminate those conditions that cause blight. The standards shall be enforced through the building department. Before any building permit or certificate of occupancy is approved, the Building Inspector shall determine insofar as he is able, whether the proposed use will conform to the performance standards. This may require the developer to supply additional data about the pro- posed use (such as equipment to be used, hours of operation, method of refuse disposal, type and location of exterior storage etc.). It may occasionally be necessary to employ specialized consultants to determine whether a given use would exceed the performance standards. The City thus recognizes its responsibility for prevent- ing nuisance conditions before, not after, they occur. Waste Material Waste material shall not be washed into the public storm sewer system nor the sanitary sewer system without first having received a permit to do so from the City. If said permit is not granted, a method of disposal shall be devised which will not require con- tinuous land acquisition for permanent operation and will not cause a detrimental effect to the adjacent land. Should the waste be of a solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view. In all districts, all waste material, debris, refuse, garbage, materials not currently in use for construction or otherwise regulated herein shall be kept in an enclosed building or properly contained in a closed container for such purposes. The owner of vacant land shall be responsible for keeping such vacant land free of waste material and noxious weeds. Existing uses shall comply with this p~ovision within six {6) months following enactment of this Ordinance. Screenin9 and Landscaping (a) Screening as is hereinafter described shall be required in any zone under this Ordinance when the use of such property requires six or more parking spaces. 362 CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT TO: Bob FROM: Len SUBJECT: City Mgr Request DATE: July 8, 1994 Pat has a resident complaining about vehicular tires being used in yards for landscaping purposes. We have received, as I recall, some complaints of this nature in the past and they were handled by the CSO's. As far as I can remember, each complaint was unfounded because the tires were full of flowers or other legitimate materials that was not deemed to be improper or unsightly. I have left a message for Roger to pull those reports and make copies for you so you can give them to Hentges for Monday nights council meeting. This particular complainer is apparently planning to be on "open mi(:." Roger is scheduled to be in at 1345 hours on Monday but he is working some Murzyn over the weekend and I have requested he submit those reports to you by Monday morning. Thanks CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT TO: Roger FROM: Len SUBJECT: City Mgr Request DATE: July 8, 1994 Pat has a resident complaining about vehicular tires being used in yards for landscaping purposes. We have received, as I recall, some complaints (or maybe just one) of this nature in the past and they were handled by you. As far as I can remember, each complaint was unfounded because the tire(s) were full of flowers or other legitimate materials that was not deemed to be improper or unsightly. Would you pull the report(s) of this particular nature and make copies for Sgt Jendro.. He will need them first thing Monday morning. This particular complainer is apparently planning to be on "open mic." Maybe you remember the complainer: David Leimer (sp) 3857 V. Buren. If you took any photo's attach them also. Thanks cc Sgt Jendro ~' TO: FROM: IECT: DATE' COLUMBIA HEIGHTS POLICE MEMO Page 2 Police Department WATCHYG PARKS The Columbic~ Heigl D~partment ar,d Poll, n~ed your a~sistance the area parlks ond ke plc~ce tovislt. Damag theft of park property dc~llars for repair or rE 9-~1-1 if you observ p~gress, suspicioL clq(s), or un usual al will be happy to ched CRIMESTO C~rime Stoppers is a nit y-wide or.qanizatic purpose of acceptin! uK solved crime in th, in~ ormation you give m l y collect a reward. tio n, dial 45..Crime. Yau may remain ano~ G~t involvedJ You ca~ CODE ENFORCE/ The City of Co lu m bi~ ordinancesthataddr, which, whet, letFt uncF degrade and decreas arid contribute to nei~ along. Didyou know e ~tis unlawful to pc i and/or inoperabl i prope~'without ~1 structure. /'e It is unla,~ul to pc items in pla in vie~ without being ins miscellaneous pi, steel; vehicle anc and rim.~;; vehicle Ii mbs or brush - tc pies. ~ It is unlawfulto pc landscaped porti~ UR ~ts Park :e Department in helping preserve eping them a safe ~, defacement, or requiresour tax placement. Dial ~ a crime in s person(s),vehi- .tivity. The police :outyourconcerns. PPERS ~onprofit commu- n formed for the information about metroarea. If ~olves a crime, you To report informa- ~ymous. help reduce crime. ENT Heights has many ~sssituations ecked, ca n · propertyvalues hbors not getting ssess an unlicensed · vehicleon you r t being inside a ,ssess the following ~onyour property de a structure: ~ces of wood and engine parts; tires batteries; tree . name a few exam- ~rkvehicles on the >ns of you r property. NATIONAL NIGHT OUT - - START PLANNING NOW TUESDAY, AUGUST 2, 1994, 6-9 P.M. Once again the Columbia Heights Potlce Department is formulating plans for another National Night Out celebra- tion. Events in recent years have been informative and a lot offu n. We hope to see even greater support in 1994 as the "fever" catches on. Last year, over 33 get-together events were held in Columbia Heights. We hopeto exceed that number this year. Citizens find the get-together a good wayto meet new neighbors and rejuve- nate friendships with Iongtime residents on their blocks. As a bonus, a represen- tative of the Columbia Heights Police Department can stop by to field ques- tions from your group. Ifyou are consid- eri ng hosting a party foryour block, we would be ha ppy to assist you with announcement flyers, handouts, and suggestions. For more information, call CSO Roger Peterson at 782-2849 or call 782-2840 and ask Sergeant William Roddy. NO PETS ALLOWED This sign could end up being posted in the City Parks. Although the trails in the City's pa rks are posted to remind people to pick up after their pets, many people forget to bring along the proper equipment or are forgetful about cleaning up after exercis- ing the dog. Public Works has received numerous complaints from both pet owners and non- pet owners about this odious problem. Thistopicwas recently discussed at a Pa rk & Recreation Commission Meeting and the sugges- tion was made that per- haps pets should be ~ banned from City Parks if the park users don't clean up aftertheir pets. The City Parks a re meant to be enjoyed by all, so please pick u p after your pet. ALCOHOL IN CITY PARKS Columbia Heights ordinance 853.10.20(16) prohi bits the possession and consumptionofalcoholic beverages in anycity park unless a permit has been issued bythe City Council. Alcohol is allowed in Huset Parkwithout a permit on Fridays, Saturdays, Sundays, and legal holidays between 8:00 A.M. and 11:00 P.M. ANIMAL CONTROL RULES · Columbia Heightsordinance- 853.8.102 (1) prohibits dogs and cats to be loose and unattended on property that's not you r own. · Columbia Heightsordinance 853.8.101 (1) requires dogs and cats over six months of age to be licensed in Columbia Heights. · Columbia Heightsordinance 853.8.102(1 A) prohibits the bark- ing, whining, or crying of dogs. Violation of these animal related ordi- nances could result in your being issued a criminal citation. Please be aware of your neighbor's space and need to live in peace and quiet, as well as th® general welfare of your pet. If you lost your pet, the Columbia Heights Police Department will make record of it if you call 782-2840, as will the Greater Anoka County Humane Society at 754-1642. Having your pet weara Columbia Heights pet license tag or some other form of identification will aid in the return of your pet if it is Iocated~ BICYCLE SAFETY The Columbia Heights Police Department is concerned about the wel- fareof bicyclists. Bicycling isa lot of fun and good exercise, but if the rules that applyto bicycles as well as motor vehicles aren't followed, the probability of colli- sions increases. The bicycle is a vehicle and is driven by the person on it. The following rules are important whether you're driving on the roadway, bike lone, or trail. · Weara helmet. · Ride single file - with the traffic - on the right side of the roadway, path or trail. · Use hand signalsforturning and stopping. · Yield to motor vehicles, pedestrians, and other bicyclists. · Always Iookfirst before entering a roadway. · No horseplayorbucking another person. · Riding afterdark requires illumina- tion devises on you r bicycle. We are also veryconcerned about bicy- cle owners keeping their bicycles. An unattended and unlocked bicycle of any type or age can be attractive to a person who doesn't have one orwants a differ- ent one. Itcan happen dayor night- in a public place oryour yard. Always lock you r bike to a stationary object or put it in a locked structure. We strongly recommend recording your bike's serial number and purchas- ing a Minnesota state bicycle license. The license will enable any law enforce- ment agency in the country to know the name of the owner, which can make a difference in getting your bike back if it's lost orstolen and recovered bythe police. The license cost is $10.00 and is valid for three years. A bike license can be purchased at the Motor Vehicle Registration Office located at 3982 Central Avenue N.E. in Columbia Heights. Call 9-1 - 1 - to report lost or stolen bicycles. city of Number82 SUMMER 1994 iT TO THE MAYOR I am in my office in City Hall from 9:00 a.m. until Noon, Monday through Friday. Ifyou have a concern, a question oran issue you are interested in discussing, I encourage you to come to my office· If you would find it more convenient to visit by phone, you are welcome to call me at City Hall, 782-2809. I am a~so available to meet or visit with you outside my regular office hours ifyou so desire. My home phone numberis 572-8601. Keeping all avenues of communication open is important to the well being of our community and its residents. MayorSturdevant HEIGHTS AREA SUMMER = T ..NTE RTAINMEN. ABOUNDS Adding a little something extra to some activities for Columbia Heights' residents this summer are these events: The Columbia Heights Lions Club will once again be sponsoring the annual Jamboree in our community. This year's Jamboree begins on Wednesday, June 22 nd and extends through Sunday, June26th. For those not traveling on the Fourth of July, the Recreation Department has organized a Fourth of July Celebration at Huset Park. There will be family-oriented musiccapped offthe fireworks at dusk. Tuesday, August2nd through Sunday, August 7th will see one of the largest county fairs, the Anoka County Suburban Fair, in operation at the Anoka County Fairgrounds. Refer to other articles in this edition of the newsletter for further details of these events. I encou rage all Columbia Heights' residents fo take part in these special summer activities. Mayor Joe Sturdevant 994 CONSTRUCTION As everyone who lives in Minnesota is awa re, there are two seasons, winter a nd street construc- tion. The City will be doing three major projects that could ca use some inconvenience. Southwest Quadrant Seal coating - For one week between mid-Julyand mid-August, the streets in the southwest quadrant of the Citywill be seal coated. This area is bounded by California St., 45th Avenue, west of U niversityAvenue and 44th Avenue, east of U niversityAve, Central Ave, and 37th Avenue. Also included are University Ave. Service Rd. from 44th Ave, to 53 rd Ave., Jefferson St. from 44th Ave. to 51 st Ave. from Washington St. to Central Ave. Tru n k Highway 47 and County roads are not included. Before the seal coating is done, some sections of curb and g utter will be replaced and City crews will be patching potholes. Streets to be seal coated will be signed "No Parking" the day before. The excess rocks will be swept u p approximately 7 days after the street is seal coated. Drivers a re advised to drive slowly over newly seal coated streets to red uce the possibility of get- ting oil on their cars. Street Overlays - Three streets will be overlayed later this summer. They are Reservoir Blvd. From 37th Ave. To 40th Ave., 40th Ave. from Reservoir Blvd. To Stinson Blvd., Arthur St. from 39th Ave. To 44th Ave. In preparation for thiswork, some sections of curb and gutterwill be replaced. Street Reconstruction - Mill St. is also scheduled to be reconstructed later this summer. i ELEBI-iATE thc _l o u rtk o f Ju FEATURING Huset Park 3965 Jefferson Street N.E. Monday, July 4th · Spectacular Fireworks at dusk · Entertainment in the Bandshell events call the Rec Hotline at 782-2868. A recorded message will be available 24 hours a day. Carrier Route Presort Current Resident Carrier Route Bulk Rate Pre-Sort U.S. Postage PAID Permi! No. 2967 Mpls., MN Page ~16 (,OiI,,ILJMIBI ~ From 8:00 p.m. to Midnight on Saturday, the Classes Band will be performing outside The Columbia Heights Jamboree wdl be held fro On Wednesdayafternoc for th~ starting of the fest 40th Avenues o n Jeffers¢ daysand from 1:00to mi disco~ Hand the Jo Frida p.m.' Iced tickett sa les fo~ Jnted tickets will be icapped persons wi mboree. 'l~here are ~night, June 24th, t Fhe parade comm~ Cenh al Avenue, onto 40t Hall. The paradle route The Llons Club is hostin. This tea t u re ha s a t!rach time five high school bar are Pqtriots (Colurnbia I- Elk Riyer, Chisago Area be m~rching. The parad petition. Royalty has always play~ at 7:00 p.m. the junior re of Mi~s Columbia I'leigh Huset Park. Second i Fi PLAt Fi HOUSll Secon HI Secon¢ ThirdThursd Firs! PAE I:ourtl~ · Ifthereisanobserw held on the followir · The Recycling Cenh Center is for 'the use UNE :22 - 26,1994 ~ns Club announces that !'he Columbia HeightsAnnual m Wednesday, June 22 nd through Sunday, June 26th. n, June 22 nd the carnival showswill be opened at 4:00 p.m. ivities. The carnival rides will be located between 39th and ~n Street. The rides will operate from 4:00 to 11:00week- dnight on weekends. carnival rides can be obtained from local businesses. These sold only before the carnival opens. II be issued a stamp at the carnival site for free rides du ring a few rides or attractions forwhich this stamp is not accepted. he gigantic Jamboree Parade will be held and starts at 6:30 nces on 45th and Central Avenues, continues south on h Avenue a nd goes west to Fifth Street ending at Mu rzyn outlined in the accompanying map. a high school band competition with cash prizes this year. ~ more bands to participate in the parade. At this point in ds have indicated theywill be marching in the parade. They eights, St. Anthony and Spring Lake Park), Champlin Park, ~nd Baldwin-Woodville. The Robbinsdale City Band will also · organizer hopes to attract a total often bands in the corn- d a big part in the Jamboree festivities. On Saturdayevening .yalty coronation will be held in Mu rzyn Hall. The coronation 's 1994 will be held on Sunday, June 26th in the bandshell in of the Lions Club Beer Garden which is located in the Huset Park Building on Jefferson Street. Thiswell known band will provide tons of entertainment. The Columbia Heights Lions Club raffle has as its grand prize a miniature car or $1,000. Tickets for the raffle may be purchased from any Lions Club member and will also be sold on the carnival grounds during the Jamboree. Raffle prizes will be awarded prior to the Queen Coronation on Sunday evening at 7:00 p.m. As in previousyears, the Lions Club and participating merchantswill sponsor a Medallion Hunt. The clueswill appear in the local newspapers as well as on a local cable channel starting on Wednesday, June 22 nd. Everyone is encouraged to attend an enjoy anyand all of the events of the Jamboree. PARADE ROUTE JUNE 24, 1994 STARTING 6:30 PM 5th St. Central Ave. NE COUNCIL MEETING, ; Fourth Mondays- 7:00 p.m. - City Hall TRAFFIC COMMISSION rst Monday- 7:00 p.m. - City Hall INING & ZONING COMMISSION ;st Tuesday- 7:00 p.m. - City Hall 4G & REDEVELOPMENT AUTHORITY :1 Tuesday- 7:30 p.m.- Pa rkviewVilla IMAN SERVICES COMMISSION I Wednesday- 7:00 p.m. - Murzyn Hall CABLE COMMISSION ay- 7:30 p.m. - Conference Room - City Hall LIBRARYBOARD Tuesday- 7:00 p.m. - Public Library K & RECREATION COMMISSION Wednesday- 6:30 p.m. - Murzyn Hall )d holiday on either of these Mondays the council meeting is g Tuesday. ~r is open each Saturdayfrom 9:00 am until 1:00 p.m. This of Columbia Heights residents only. Page15 Columbia Highlights KID'S COLORING CONTEST in the little "RED SCHOOL HOUSE" WED through SUNDAY For ages up to 8 years old ~ Sponsored by Dunkin Donut - Anoka & Coon Rapids OLD LOG BARN: AN IMAL PETTI N G FARM JOINTHE FUN RIDETICKETINFO: (OPENINGTIME) TUE 8/3 1:00PM FAMILYDAY All rides red uced by O N E (1) Ticket less required WATCH YOUR LOCAL STORES FOR SPECIALLY MARKED 12 & 24 PACK COKE PRODUCTS THAT WILL HAVE A $1.00 OFF WRIST BAND COU PON THAT CAN BE REDEEMED ATTHE MIDWAY TICKETBOOTHS! Note: Advance ride tickets good everyday ADVANCE RIDE TICKETS SAVE 40% 25 Advance Ride tickets only $7.50 (SINGLETICKETPRICE PURCHASED AFTERTHE FAIR STARTS · 501CENTS EACH) OPEN ENROLLMENT FOR LOWVOLUME REFUSE RATES Open enrollment for residents wishing to take advantage of the Iowvolume refuse rateswill take place July 1 through July 31. As with the other rates which decreased when the County's tipping fee went down, the Iowvolume rate has also decreased. The new rate is $9.70 per month. This rate permits residents to set out no more tho n one 36 gallon can of garbage each week. Extra refuse, and large items like furni- ture, cost extra. The "extra" rates did not change wlth the tipping fee. To apply for the Iowvolume rate (also known as the "one can rate") call 782- 2813 for an application. Complete it and return it to the City. You will be notified of the effective date, which is the first day of your next billing cycle after your applica- tion is processed. For more information, please call 782-2813. HOUSEHOLD HAZARDOUS WASTE COLLECTION A household hazardous waste collec- tion targeting residents of Columbia Heights, Hilltop. Spring Lake Park and Fridleywill take place June 10 and 11 atthe Columbia Arena, 7011 UniversityAve. NE, Fridley. Friday, June 10th, the col- lection is scheduled for 1 pm to 6pm. Saturday, June 11th, thecol- lection runs from 9am to 3pm. A large number of vehicles are expected so please be prepared to wait in line. It is usually busiest during the first two hours of the collection, so you may want to arrive later to avoid the rush. Your vehicle will be unloaded by staff and volunteers. WHATTO BRING: Check the label for key words - corrosive, flammable/combustible, toxic or poisonous: old gasoline driveway sealer oil based liquid paint home and garden pesticides rat poison solvent based ad hesives solvents · wood preservatives DO NOT BRING: · ammunition · asbestos waste · antifreeze · batteries of any type · dried paint · unidentified waste · used motor oil · tires/appliances GARBAGE CANS ARE A MUST IN THE HEIGHTS.I ,,We've heard that some residents have been ~~,/~ setting theirgarbage '~1~~ out in bags alone- '~l~v ~ withnocan. We'vealso ~ heardthat some folks don't think a can is necessary. It is not only necessary, but mandatory. City ordinance declares that refuse is not to be set out without a container. Furthermore, those containers must have good fitting lids to prevent refuse from escaping the can in the wind or through the attentions of a raccoon or dog. We hope this puts an end to specu- lation and loose bags of garbage. WHATWOULD MY YARD LOOK LIKE WITH A COMPOST BIN? Everwondered if 1~J~ll~ ~11~ you could makea ~ ~1~ backyard compost bin fit into yourlandscaping? Everwonderwhere to find one, howto build one, if it works? Wonder no morel Come down to the Recycling Center at 637 38th Ave NE and viewthe Backyard Composting Demonstration Site. Ten binswill be on display in a garden - like setting, with information on each one. Anyone inter- ested in backyard composting should be able to get an idea on how to do it at whatever level theywish. Questions? Please note that this is a display only. No compost will be accepted or avail- able· BEAMEMBER OF THE S.W.A.T. TEAM! STOPWASTE . . . ACTTHOUGHTFULLY! HEIGHTS CABLE NEWS - CHANNELS 16 & 33 Channel 16 will soon be offering a new program featuring John Larkin of the Columbia Heights Fire Department and Hooperthefirefighting Dalmatian. The program, in production now, will be seen regularly beginning this summer. The Heights Cable Studio, located at 5210 Central Ave. NE is offering classes and Cable Camp again this summer. Cable Camp is a series of classes in video production which runs Monday through Thursday, for students in grades 6 through 9. Each group produces a video and theyare fun to watch and more fun to make. Ed Harris and MaryGuy are professional video producerswho are able to ma ke the complex world of video understandable and approachable for the students. Campsthissummerare tentativelyscheduled July 11 through 14 and July 18 through 21. These dates are subject to change. To sign up, call Community Education at 574-6576. Classes in editing and video technique will be offered at the Cable Studio this summeraswell. Camcorder/Editing I will be offered June 20 and June 23, from 6 to 9 p.m. Howto UseYour Camcorder will be offered June 21,6 to 9 p.m. and also August 4 at the same time. To register, please call Community Education at 574-6576 orthe Cable Studio at 572-0618. The new Video Toaster is getting a lot of use, as anticipated. This computer based video switcher, CG, 3-D Animator a nd Video Paint program all in one allows video producers in the VH S format all sorts of techniques not previously avail- able. Ed Harris is fast becoming the resi- dent expert and will share his knowledge at classes offered on demand. Call Ed at 572-0618 to arrange a class, ifyou are interested. Don't forget to watch Channels 16 and 33 for local announcements, news, and job postings. Police Beat can't be beat and the Heights Calendar is an easyway to keep uptodatel Council meetings and Commission information are also available. ,I COLUMBIA HEIGHTS POLICE MEMO I FROM: ~..,,_,~.. ~___._-~_ SUBJECT: , DATE' ~/~. Chapter 8 Article III Public Health and Safety Garbage, Rubbish and Recyclable Material Section 1: Storage Containers Ord. 1231 eff. 10-9-91 8.301 (1) Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. Yard waste as defined herein, which may accumulate upon such property shall be disposed of at least once a week during the yard waste season as determined by the City Manager. This provision does not apply to composting permitted by section 8.301(6). For purposes of this code: (a) "Garbage" shall be defined as organic refuse resulting from the preparaton of food and decayed and spoiled food from any source. (b) "Rubbish" shall refer to all inorganic refuse matter such as tin cans, glass, paper, ashes, etc. (c) "Recyclable Materials" shall mean all items of refuse designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. (d) "Yard Waste" shall mean Grass, clippings, leaves, weeds, Garden waste, and soft bodied green herbaceous material under one inch (1") in diameter. (e) "Composting" shall mean any above Ground microbial process that converts yard waste to organic soil amendments or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. (f) "Sheet Composting" shall mean the spreading, incorporation or application of raw or composted yard waste onto land. 276 8.301 (2) Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall provide for the storage of such matter between periods of collection, one or more fly tight metal or thermoplastic garbage containers of up to thirty-two (32) gallon or seventy-five (75) pound capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of lifting. Containers for the storage of garbage and rubbish shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general we]fare. Containers which are damaged, broken, or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. Disposal of yard waste shall be from plastic or paper biodegradable bags no larger than thirty-five (35) gallon garbage can liner size not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container which is clearly identified as containing yard waste and weighing no more than seventy-five pounds (75 lbs.). Containers for the storage of yard waste shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. The authorized recycling container is the property of the City. No person, firm or corporation, unless authorized by the City Manager, may remove a recycling container from the premises on which the unit is located. 8.301 (3) Notwithstanding the provisions of 8.301 (2), persons responsible under this section forthe disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of Garbage and rubbish, shall utilize a vat service in lieu of the above requirements. Such vats shall be designed with the proper attachments for lifting onto refuse trucks. 8.301 (4) All accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: : 277 (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.) in weight; (c) bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools and articles of furniture weighing less that thirty-five pounds (35 lbs.); (f) yard waste in plastic and paper biodegradable bags (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs.) with handles; and (g) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; shall be placed on pick up day next to the garbage cans where alley pick up is available or at the curb line in areas where no alleys exist. 8.301 (5) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four hours (24) before 277a scheduled collection. All authorized yard waste containers shall be placed on the alley line, where alleys are platted and open, separated from garbage and refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. 8.301 (6) Composting is prohibited for any owner or occupant of property within the City for business, commercial, industrial or residential purposes, except as hereinafter provided: (a) Composting shall be established in such a manner so as not to create an odor or other condition that is a nuisance; (b) Composting may consist of only yard waste, wood ash, and sawdust generated from the site on which the composting is located; (c) Composting must be in a back yard and must be five (5) feet from any side or rear yard lot line and no closer than twenty (20) feet to any habitable building, other than the resident's own home, or less than two (2) feet from the alley if any alley exists; (d) Composting shall be conducted within an enclosed container(s) not to exceed a total of one hundred (100) cubic feet in volume for city lots less than ten thousand (10,000) square feet, and five (5) feet high, the container(s) shall be of a durable material such as wood, block, or sturdy metal fencing material; (e) Sheet composting shall cover no more than .025 of the total area, and in no case exceed 500 square feet, must be in a back yard, and must have five (5) feet from any side or rear yard lot line. Sheet compostinG must be incorporated directly into the soil; and (f) None of the following materials shal be placed in the composting container(s): meat, bones, fat, oils, dairy products and other kitchen wastes, whole branches or logs, plastics, synthetic fibers, human or pet wastes and diseased plants. 277b 8.301 (7) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street. (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (b) Where is it physically impossible to place the containers behind the rear line of the main building, the containers shall be placed as inconspicuously as possible along the side or front of the building with appropriate screening or in such place as the Council may require. 8.301 (8) Major appliances are managed as a separate waste stream under Minnesota Statute 115A.9561. Major appliances are defined as: clothes washers and dryers, dishwashers, hot water heaters, garbage disposals, trash compactors, conventional ovens, ranges and stoves, air conditioners, refrigerators, freezers, humidifiers, dehumidifiers and any other appliances specified in Minnesota Waste Management Act amendments. The City will establish a collection and disposal program for major appliances. Every household and every occupant or owner of any dwelling, house, boarding house, apartment buildings, or other structure utilized for dwelling purposes within the City of Columbia Heights must use the major appliance program made available by contract by the City of Columbia Heights. 8.301 (9) The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section 8.301(9). 277c 8.301 (10)Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Meights and its designated garbage and rubbish hauler. 8.301 (11)Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred Dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. 277d WASTE TIRES There are approximately 200 million automobile and truck tires disposed of each year the United States. Minnesota generates approximately 4 million of these tires. By 1990, i Anoka County residents will generate approximately 188,000 waste tires per year. Due to increased stockpiles, serious health and safety concerns have come to the attention of state and local officials. Some of these concerns include filling up scarce landfill space, providing a breeding ground for mosquitos and creating an enormous fire hazard - all of which are pollution problems. To help eliminate some of these problems in the State of Minnesota, the Waste Management Act of 1980 [115A.904] banned the disposal of waste tires in landfills beginning July 1, 1985. The Act states the following: 'q'he disposal of waste tires in the land is prohibited after July 1, 1985. This does not prohibit the storage of unprocessed waste tires at a collection or processing facility." In addition, State and local governments are continuing to work on plans to clean up tire dumps and encourage recycling of used tires. Waste tires can be processed and made into other products such as buckets, flower pots, gym mats, running tracks, roof mats and recycling containers. Also, many shredded tires are burned for fuel. There are many companies which will pick up used tires in the Twin Cities area. Some of these companies are as follows: CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Garb L. Pctcrson Rober; W. Ruettimann City Manager Palrick Hent,,cs July 21, 1994 Steve Dziedzic 1260 NE Circle Terrace . Columbia Heights, MN 55421 Mike Coty 1236 NE Circle Terrace Columbia Heights, MN 55421 Dear Mr. Coty and Mr. Dziedzic: This is to update you of the situation regarding the residence at 1242 Circle Terrace and 1248 Circle Terrace. I have been informed by the owner that the buildings have been brought up to the minimum standards of the Housing Code. The Assistant Fire Chief will be conducting a reinspection on or about August 16 to ascertain compliance. It is my understanding that the car parts and trash have not been removed from behind 1248 Circle Terrace. The Assistant Fire Chief will be checking this on Friday. The owner has also received his second notice of tenant behavior for the tenant at 1242 Circle Terrace. He has announced that it is his intention to begin the eviction process for the tenant. If a third notice of tenant conduct is filed prior to the commencement of the eviction process the owner will be brought before the City Council for a Revocation Hearing. Earlier this morning the Police Chief, Assistant Fire Chief, and I met with the owner of the property in question. He was given a manual for landlords and we discussed the process of screening prospective tenants. Building maintenance procedures were also discussed. We trust that the situation regarding 1242 and 1248 Circle Terrace will begin to improve in the near future. We will not hesitate to commence the Revocation Process if the buildings are not in compliance with either the Building Code ' or the Tenant Conduct Policies. Thank you for your cooperation and patience in this matter. Sincerely, Pat Hentges City Manager CC: Len Olson, Police Chief Lowell Demars, Assistant Fire Chief Mayor and Council "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPL.©YER THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON TIqE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES TO: FROM: RE: DATE: City of Columbia Hei.qhts Recreation Department Patrick Hentges, City Manager ~'~vlark S. Casey, Director of Recreation 4th of July Wrap-Up July 11, 1994 Below is the final revenues, expenses, and staff costs for the 1994 4th of July Celebration. Revenue Lions - $2,500.00; Boosters - $2,000.00; VFW #230 - $1,000.00; Stroncek - $200.00; First Community Credit Union - $100.00; Barna, Guzy & Steffen - $100.00; M.E. International- $50.00; and Rapid Graphics & Mail- $50.00 (plus donated posters). Total- $6,000.00 Expenditures Fireworks - $4,917.00; Band - $500.00; and satellites - $270.00. Total - $5,687.00 Difference - $313.00 Staffin~l Public Works = $2,040.00 Police Dept. = 277.00 Fire Dept. = 266.00 Recreation Dept. = 415.00 $2,998.00 City of Col~mhia Heights RecreationDeDartment TO: FROM: SUBJECT: DATE: Mayor Joseph Sturdevant Councilman Don Jolly Councilman Bruce Nawrocki Councilman Gary Peterson Councilman Robert Ruettimann Carol Prey, Volunteer Coordinator City Plower Gardens July 15, 1994 At the work session July 14, Councilman Jolly requested a list of the garden areas planted this spring. Gardens are located: At the west end of Murzyn Hall In front of Murz~ Hall At City Hall, at the intersection of Mill and 40th, and in large flower pots. Central Ave. at 40th; business center pots, etc. LaBelle Park - three (3) signs Keyes Park Gauvitte Park Edgemoor Park Mathaire Park Wargo Court Ostrander Park Lomianki Park McKenna Park Hilltop Park Silver Lake Beach Huset Park at the old fashioned skating rink At this time the gardens are well worth a drive around town to see them. The Special Projects Coordinator is in the process of gathering footage to be used at various times during the year on Channel 16. The current Planning Committee members include: Michelle Murzyn, Chairperson Linda Anderson, Secretary Louise Roberts, SHINE Representative Bernie Szymczak, Sister Cities Sue Murzyn, City Hall/Business Center Dave Mangen, Huset Park Karen Gutkas, Huset Park Alma Fields Jeanette Lien Allison Pafko Pat Sowada CF/jm cc: Patrick Hentges, City Manager Mark Winson, City Engineer/Public Works Director Mark Casey, Director of Recreation RC JA G~ RC AI~ PA KALINA, WILLS, WOODS, GISVOLD & CLARK NALD S. KALINA (1944-1991) elES H. WILLS* EGGORY J. WOODS BERT D. GISVOLD DREW R. CLARK UL A. THOMPSON ADMFr~ED IN MINNESOTA AND WISCONSIN LY TO MINNEAPOLIS OFFICE ATI'ORNEYS AT LAW SUITE 2OO 941 HILLWIND ROAD NORTHEAST MINNEAPOLIS, MINNESOTA 55432-5964 612./789-9000 TELECOPIER 612/571-2418 July 12, 1994 MARK E. GILBERT* MICHAEL C. GLOVER CHARLES M. COCHRANE* MARK A. SUNBERG Ol: COUNSEL MICHAEL S. FROST ~s. Evelyn Nygaard .ity of Columbia Heights 590 40th Avenue NE ~olumbia Heights, MN 55421 Condemnation Proceedings Our File No. CCH IDear Evie: s per your roceedings: e request, this is an update on the condemnation Madison Street - We are serving the Order of Condemnation by publication since Ms. Sroka and other parties of interest cannot be served personally. The notice was sent to the Fridley Focus for publication some weeks ago; 3909 Polk Street - We have served the Order of Condemnation upon Nationsbanc. Nationsbanc is now the sole fee owner as a result of the expiration of mortgage foreclosure redemption period. I have spoken to Nationsbanc's attorney, Larry Zielke, on several occasions; 411 40th Ave. Delle Whitt - I learned only yesterday that a pre-foreclosure has begun on the property. I spoke to the foreclosing party's attorney, Mark Bloomquist at Meagher, Gear, Flaskamp & Anderson. I have since ordered an owner's and encumbrance report on the property to ascertain those who claim a current interest in the property. I will then serve the Order upon all relevant parties. As a note, the Order I have, which appears to be original, has pencil markings and notes on it. I must assume that it is intended to be that way and it will be served without defacing the document. BRAINERD OFFICE: 2100 EXCELSIOR DRIVE · BAXTER, MN 56401 · (218) 828-9808 Ms. Evelyn Nygaard July 12, 1994 Page 2 If you have any questions, please do not hesitate to call. Very truly yours, KALINA, WILLS, WOODS, ~ark A. Sunberg Attorney at Law cc: Greggory Woods, Esq. KALINA, WILLS, WOODS, GISVOLD & CLARK RONALD S. KALINA (1944-1991) JAMES H. WILLS* GREGGORY J. WOODS ROBERT D. GISVOLD ANDREW R. CLARK PAUL A. THOMPSON * ADMFrTED IN MINNESOTA AND WISCONSIN REPLY TO MINNEAPOLIS OFFICE ATTORNEYS AT LAW SUITE 200 941 t..HLLW1ND ROAD NORTHEAST MINNEAPOLIS, MINNESOTA 55432-5964 612/789-9000 TELECOPIER 612/571-2418 July 11, 1994 Steven C. Opheim, Esq. Dudley & Smith, P.A. Suite 2602 American National Bank Bldg. St. Paul, MN 55101-1896 Re: Mrs. Viva Delle Whitt/ 411 N.E. 40th Ave. Our File No. 14274 MARK E. GILBERT* MICHAEL C. GLOVER CHARLES M. COCHRANE* MARK A. SUNBERG OF COUNSEL MICHAEL S. FROST Dear Mr. Opheim: Enclosed herein and served upon you by United States Mail, please find a copy of the Order of Condemnation issued relevant to the property reference above. If you will be continuing to represent Mrs. Delle Whitt, please contact me. Very truly yours, KALINA, WILLS, WOODS,~. ~.~.G~SM0~D & gLARK~ Mask A. Sunberg Attorney at Law Enclosures CC: Ms. Evelyn Nygaard, Building Inspector Mr. Patrick Hentges, City Manager Greggory Woods, Esq. BRAINERD OFFICE: 2100 EXCELSIOR DRIVE · BAXTER, MN 56401 · (218) 828-9808 KALINA, WILLS, WOODS, GISVOLD & CLARK RONALD S. KALINA (1944-1991) JAMF_~ H. WILLS* GREGGORY J. WOODS ROBERT D. GISVOLD ANDREW R. CLARK PAUL A. THOMPSON * ADM~i-ikD IN MINNESOTA AND WISCONSIN REPLY TO MINNEAPOLIS OFFICE ATTORNEYS AT LAW SUITE 200 941 HILLW1ND ROAD NORTHEAST MINNEAPOLIS, MINNESOTA 55432-5964 612/789-9000 TELECOPIER 6127571-2418 July 11, 1994 Mrs. Viva Delle Whitt 1140 Wildwood Lane Spring Lake Park, MN 55432 Re: Condemnation Order/ 411 - 40th Ave. N.E., Columbia Heights, MN Our File No. 14274 MARK E. GILBERT* MICHAEL C. GLOVER CHARLES M. COCHRANE* MARK A. SUNBERG OF COUNSEL MICHAEL S. FROST Dear Mrs. Delle Whitt: Enclosed herein and served upon you personally please find a copy of the Order of Condemnation issued by the City Council for the City of Columbia Heights relevant to the above-referenced property. Very truly yours, KALINA, WILLS, WOODS, M~r~A~bGI~VOLD & G e~~ /~" ~ Attorney at Law ~ Enclosures : cc: Greggory Woods, Esq. Ms. Evelyn Nygaard, Building Inspector Mr. Patrick Hentges, city Manager BRAINERD OFFICE: 2100 EXCELSIOR DRIVE · BAXTER, MN 56401 · (218) 828-9808 KALINA, WILLS, WOODS, GISVOLD & CLARK RONALD $. KALINA (1944-1991) JAMES H. WILLS* GREGGORY J. WOODS ROBERT D. GISVOLD ANDREW R. CLARK PAUL A. THOMPSON * ADMI~ I~.D IN MINNESOTA AND WISCONSIN REPLY TO MINNEAPOLIS OFFICE A'YFORNEYS AT LAW sLrITE 200 941 HILLWIND ROAD NORTHEAST MINNEAPOLIS, MINNF~OTA 55432-5964 612;789-9000 TELECOPIER 612/571-2418 July 11, 1994 Lawrence P. Zielke Shapiro & Nordmeyer 7300 Metro Blvd. Suite 390 Edina, MN 55439-2306 Re: MARK E. GILBERT* MICHAEL C. GLOVER CHARLES M. COCHRANE* MARK A. SUNBERG OF COUNSEL MICHAEL S. FROST 3909 Polk Ave./City of Columbia Heights Condemnation Our File No. CCH Dear Mr. Zielke: As per our telephone conversation, I am enclosing herein and serving upon you as agent for Nationbanc Mortgage Corporation a copy of the Order of Condemnation issued by the City Council for the City of Columbia Heights. Please execute the Acknowledgement of Service form enclosed and return to my attention. If you have any questions, please do not hesitate to call. Very truly yours, KALINA, WILLS, WOQDS, ~LSVOLD & /M&~k A. Sunber~ Attorney at Law // Enclosures CC: Patrick Hentges, City Manager Greggory Woods, Esq. BRAINERD OFFICE: 2100 EXCE/~IOR DRIVE · BAXTER, MN 56401 · (218) 828-9808 CITY OF COLUMBIA HEIGHTS DATE: JULY 20, 1994 TO: PAT HENTGES, CITY MANAGER BILL ELRITE, FINANCE DIRECTOR FROM: DEB NOVAK FINANCE SECRETARY STATUS OF STAUCH HOUSING VIOLATIONS RE: I spoke with Mark Gilbert today from the City Attorney's office regarding the above. According to him, Stauch was convicted of the housing violations and appealed the verdict. The case is now in the Court of Appeals, all work has been completed, and Mr. Gilbert is waiting for the decision. A decision in the Court of Appeals can take anywhere from one to six months. It has already been two months in this case, and he said we could possibly expect a decision within the next thirty days. DN: 9407201 CITY OF COLUMBIA HEIGHTS Public Works Department TO: PATRICK HENTGES CITY MANAGER FROM: MARK A WINSON ,, ~ ~TCTO ' ~,:i :, PUBLIC ORKS DI R/CITY SUBJECT: ENG ~.., EER MINNEAPOLIS WATER WORKS PROJECT AT COLUMBIA HEIGHTS PLANT DATE: JULY 19, 1994 I have been contacted by Minneapolis Water Works with regard to a project they have let for removal of sediment from their open reservoir at the Columbia Heights Plant at 45th Avenue and Reservoir Blvd. This project has been awarded to Rehbein Inc., who will start th~ work after Labor Day. It is anticipated that the project will take approximately 2~ months. Attached you will find a copy of a letter that the Water Works is sending out to residents along their haul route which will be out 44th Ave. to 45th Ave. and then on to County Rd E in New Brighton in order to inform those persons of the increase in truck traffic. The contractor will be using tanker trucks and possibly open dumps with gasketed, water-tight tailgates. The contractor will be spreading the sediment which is high in lime on farm fields. The reservoir was last cleaned in the early 1960's. I was also informed that the Water Works intends to reline this reservoir in the spring of 1995. They estimate that currently they are losing 0.5 to 1.0 million gallons per day out of this reservoir due to leakage. We will monitor the project progress and if any Council Members have questions at this time or during the project, please have them contact me and I will contact the proper person at the Water Works. MAW:jb 94-456 DE Mir 25( Mir '~ARTMENT OF PUBLIC WORKS nea~olis Water Works , South Fourth Street - Room 206 neapolis MN 55415-t330 Dear Neighbors, July 18, 1994 minneapolis city of lakes The City of Minneapolis operates two Water Treatment Plants; one of which is located in the City of Fridley and the other which is located in your neighborhood at 4500 Reservoir Boulevard in Columbia Heights. These Water Treatment Plants supply water to Minneapolis, Columbia Heights, Bloomington, Golden Valley, Crystal, New Hope, Hilltop and Edina's Morningside. The Columbia Heights Filtration Plant was constructed at the turn of the century. Originally, there were two open reservoirs built by 1897. The Filtration Plant was constructed in 1913 and at the same time one reservoir was covered, which is used for storage of the water that we use. The open reservoir has been used for the storage of water that has only gone through the softening process. The Columbia Heights open reservoir is 450 feet by 920 feet by 31 feet deep, with a potential capacity of 75 million gallons. Since it was last drained and cleaned in the early 1960's, treatment residuals have been accumulating on the floor of the reservoir, reducing its capacity. Therefore, it needs to be emptied and the residual build-up cleaned out and hauled away. Rehbein, Inc. will be the contractor hauling away these treatment residuals, which will be used for spreading on farm lands. Rehbein, Inc. plans to haul the residuals using tanker trucks and trucks with gasketed, water-tight tailgates. The route they will use is Reservoir Bird, 44th Avenue NE, Arthur Street NE, 45th Avenue NE, County Rd "E", Silver Lake Road to Hwy #694. They plan to begin this operation the week following Labor Day and should complete the clean-up before Thanksgiving. We hope to maintain a good relationship with our neighbors while complying with the City Ordinances of Columbia Heights. We are writing to you to notify you of this project and how it may affect you as a resident. If you have any questions, you may call Shahin Rezania at 788-9033. Shahin Rezania Project Engineer Minneapolis Water Works, Engineering 94SR\neighbor. SR T()D (612) 673-2!57 AIrFIRMATIVE ACTION EMPLOYER ~ Pnntecl on Recycled Paper REALTOR® 1993-94 OFFICERS President Gary Robertson President Elect Gerry Holies Secretary/Treasurer Dick Hinkle IMMEDIATE PAST PRESIDENT Diane Smith 1993.94 DIRECTORS Sharon Alien Mel Beaudry Dolores Choulnard Ron Colbert Shelly Holmes Steve Kelley Robert LIttman Susan Sundahl Mark Urista AFFILIATE DIRECTOR Rick Kindseth N.A.R, DIRECTOR Jerry R. Teeson .A,R. REGIDNAL VICE PRESIDENT Rita Cech M.A.R. DIRECTORS Dean Gasser Jeff Johnson EXEC0TIVE VICE PRESIDENT BettyAnn D. Croteau COMMITTEE CHAIRS Affiliate Advisory Rick Kindseth Awards Tracey Douglas Education Colleen Johnson Equal Opportunity Jay J, Jackson Finance Dick Hinkle Golf Jim Schafer Governmental Affairs Mike Jungbauer Grievance Jerry Smith Member Services John Thorpe Multiple lusting Service Jack McCarty Personnel Diane Smith Professional Standards Carl Youngquist Public Relations Mel Beaudry Scholarship Shelly Holmes Strategic Planning 11~ Rita Cech Toys For Joy Elise Zajac ANOKA COUNTY ASSOCIATION of REAI TORS® 11460 ROBINSON DRIVE NW, COON RAPIDS, MN 55433 (612) 757-7230, FAX (612) 757-7296 June 27, 1994 Mr. Pat Hentges, City Manager City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 Dear Mr. Hentges: Enclosed are the previous two months' recaps of real estate sales for single family homes in the communities of Anoka County, as well as, the municipalities of Elk River and Big Lake. This information does not account for sales of non- REALTORS®. The figures, which reflect activities for January through April 1994 and January through May 1994 compared to the same periods in 1993, are gathered from the Regional Multiple Listing Service of Minnesota. The comparative figures indicate a slight decrease in the units sold and the median sold price per unit. When reviewing this information, please keep in mind that some new construction sold figures never get entered into the Regional Multiple Listing Service. Please distribute all the information to your Mayor, Council Members, City Staff, and other parties you feel would be interested in this type of information. Feel free to reprint any information in your community newsletters or other publications. If we can assist your city with housing statistics or more detailed information, please feel free to contact me. Sincerely, J~a~' M'. Gage. Director of Public Affairs Enclosure REALTOR· -- is a registered mark which identifies a professional in real estate who subscribes to a strict Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS®, 1994 ANOKA COUNTY HOME SALES Comparison: January-May 1993 to January-May 1994 Current Activity: Single Family Homes' Prepared by: The Anol~a County Association of REALTORS® Jean M. Gage, Director of Public Affairs This sales recap shows a comparison between year-to-date activity for both 1993 and 1994. The information is updated monthly, and is provided to you as a service of the Anoka County Association of REALTORS®. Median Unit Sales Unit Sales Sold Price Jan-May 93 Jan-May 94 thru May 93 Andover 231 140 105,382 AnOka 87 64 79,900 Bethel, East Bethel 75 42 88,000 Blaine 255 138 90,900 Centerville, Lino Lakes 135 99 109,500 Cirgle Pines, Lexington 42 29 88,200 Columbia Heights, Hilltop 96 60 Columbus Township, Linwood Township 53 30 CoOn Rapids 420 236 Friqtley 78 75 Ham Lake 49 50 Ramsey 133 99 St. l~rancis, Oak Grove, Bums Twnsp 57 45 Spring Lake Park 84 25 Median Sold Price Average thru May 94 Sale Price 94 109,950 117,829 83,900 84,733 92,500 91,041 94,450 100,631 117,900 130,095 89,000 100,367 73,250 75,250 74,740 99,500 93,250 92,495 92,825 93,450 99,811 86,600 88,000 94,705 95,900 105,450 117,023 97,350 106,500 118,003 91,000 102,400 103,473 84,900 84,950 86,850 An~ka CountF 1,795 1,132 91,3 75 96, 575 100, 843 Elk River 115 72 100,000 97,900 103,025 Big Lake 57 37 76,500 85,800 96,147 Area 16,304 I O, 133 98,500 101,000 119,288 This ,information was gathered from the Regional Monthly SoM Book, May, 1994, of the Multiple Listing Service of Minnesota. This information outlines the activities of REALTOt~g® within the metropolitan area, and does not account for sales by non-REAL TOt~¥ ~. The Anoka County Association of REAL TOP~® is "The Voice for Real Estate" representing over 1,100 members involved in all aspects of the real estate industry. ACAR is the northern metropolitans largest trade and professional association, representing members in Anoka and Sherburne Counties. 1994 ANOKA COUNTY HOME SALES Comparison: January-April 1993 to January-April 1994 Current Activity: Single Family Homes Prepared by: The Anoi~a County Association of REALTORS® Jean M. Gage, Director of Public Affairs This Sales recap shows a comparison between year-to-date activity for both 1993 and 1994. The information is updated monthly, and is provided to you as a service of the Anoka County Association of REALTORS®. Andover An0ka Bethel, East Bethel Blalne Ce~)terville, Lino Lakes Cirgle Pines, Lexington ColUmbia Heights, Hilltop ColUmbus Township, Linwood Township Cogn Rapids Friclley Ham Lake Rar~sey St. !~'rancis, Oak Grove, Bums Twnsp Spring Lake Park Median Median Unit Sales Unit Sales Sold Price Sold Price Jan-April 93 Jan-April 94 thru April 93 thru April 94 199 93 105,000 107,900 Average Sale Price 94 115,167 67 45 81,000 83,900 57 25 90,000 85,500 213 95 90,000 94,900 105 69 106,700 124,516 27 21 91,000 82,000 73 42 73,600 75,700 76,673 43 22 97,500 87,700 92,206 334 154 92,900 93,000 99,814 70 52 85,200 87,750 95,891 41 36 102,000 114,900 121,751 97,525 109,900 121,321 85,624 84,445 103,627 133,203 93,433 112 59 47 31 91,000 104,570 105,080 67 18 84,900 83,'975 87,477 Anoka Coun~ IT455 762 90,150 100,108 101,122 Elk River 95 45 100,000 98,000 95,345 Big Lake 51 24 79,900 84,450 95,345 Me~o Area 13, O17 7,303 98,300 102, 000 120, 032 This information was gathered from the Regional Monthly Sold Book, April, 1994, of the Multiple Listing Service of Minnesota. This information outlines the activities of REALTORS® within the metropolitan area, and does not accoUnt for sales by non-REALTORS® The Anoka County Association of REAL TORS ® is "The Voice for Real Estate" representing over 1,100 members involved in all aspects of the real estate industry. ~4CAR is the northern metropolitans largest trade and professional association, representing members in Anoka and Sherburne Counties. U.S. Department of Housing and Urban Development Minneapolis-St. Paul Office, Region V 220 Second Street South Minneapolis, Minnesota 55401-2195 Special Attention of: All Low-Rent and Section 8 Program Administrators Minneapolis/St. Paul Office Notice Public ~ousing Division Number: 94-36 Issued: June 7, 1994 Subject: Revised. Income Limits - Effective May 31, 1994 Attached are the revised income limits for "lower-income" and "very low-income" families applicable to the Section 8 and Low-Rent Public Housing Programs. These income limits are listed by dollar amount and family size, and are provided for each Metropolitan Statistical Area (FLSA), and Non-Metropolitan Areas. Please note that the new metropolitan area definition is being used with these income limits. If your income limits were decreased, any applicant currently on your waiting list that exceeds the new income limits will be ineligible. You may want to review your waiting list to determine if any applicants are now over-income. If so, you will need to notify them of their status. Daniel Larson, Director Public Housing Division Attachments 0 Z c) .43> -3 0 e' .< O0 ~0 O0 ~0 O0 O~ O0 ~nO O0 O~ O0 O0 O0 ol L,'l O0 Z Z"< ('3 o13> OZ 0 0 0 ,< o~n O0 O0 Ot.n O0 mO O0 O0 Om O0 O0 0 Z OZ 0 Om O0 O~n O0 ~0 Om O0 mO O0 mO O0 O~ O0 O0 Om O0 O~n O0 ~0 O~q O0 mO O0 mO O0 o~n O0 O0 Z OZ 0 0 Om 0o~ O0 Z~ Z~ m~ m~ OZ~ OZ~ OZO 0 -- 0 0 Z om Om om, Om Om Om Om ~0 mm mm O0 O0 ~0 mO 0 O0 O0 O0 O0 O0 O0 OQ Z Z-< o mtO OZ,-+ 0 O~ O~ O~ O0 O~ ~ O0 ~0 0 O0 O0 O0 O0 O0 O0 O0 O0 Z O0 O0 O~ mO O0 O0 O~ O0 ~0 O~n O0 --0 Om O0 wO Om O0 mO ocn O0 01ol O0 wO O~ O0 O~n O0 O0 O0 otn O0 O0 O0 O0 O0 o30) O0 mO O0 mO O0 O~n O0 O0 O0 O0 O0 O~n O0 O~n -.4 ~1 ~0 O0 Om O0 O0 O0 O0 O0 ~0 --0 O0 Om O0 O0 Om O0 O0 O0 wO OlOl O0 O0 O0 O0 O0 O0 O0 mO O0 ~0 O~n O0 O~ O0 O0 (.nc,1 O0 O0 O0 O0 m Z ~.Z ) .=.( Z Z Z C~ 0 0 r' Z Z 0 0 Z 0 0 r- -4 Z COUNTY OF ANOKA Urban Anoka County Community Development Block Grant ·GOVERNMENT CENTER 2100 3rd Avenue Anoka, Minnesota 55303-2489 · (612) 323-5709 July 6, 1994 Mr. Don Schneider Community Development Director City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, Minnesota 55421 Re: New Income Limits Dear Don: We have just received the attached new income limits from HUD. These limits establish the categories of Iow and very Iow income. The Iow income (higher of the two) represents the upper limit of household income which will qualify a household to receive CDBG or HOME program assistance. The very Iow income applies to eligibility for some other HUD programs. However, Anoka County must use those guidelines for part of the year-end reporting process. The HOME Program also requires that 90 percent of the HOME funds must be expended on activities which serve households who are at or below 60 percent of the median income for the metropolitan area. I have added a section giving those income guidelines. If you have any questions about how to use this information, please call me at 323-5709. These income guidelines will apply to all CDBG and HOME activities from this point until further notice. Sincerely, JoAnn O. Wright Community Development Manager JOW:sw Enclosure FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDDFFTY: 323-5289 HOME PROGRAM RENTS (Minneapolis/St. Paul MSA) Fair Market Rents 370 474 604 819 926 1065 1204 INCOME LIMITS (CDBG & HOME) FAMILY SIZE 1 2 3 4 5 6 7 LOW INCOME 27,950 31,9OO 35,900 39,900 43,100 46,300 49,500 (80% OF MEDIAN) VERY LOW INCOME 17,850 20,400 22,950 25,500 27,550 29,600 31,600 (50% OF MEDIAN) , 60% HOME 21,420 24,480 27,540 30,600 33,048 35,496 37,944 MEDIAN INCOME 35,700 40,800 45,900 51,000 55,080 59,160 63,240 HOME-2~7 III HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE PAGE 20 THROUGH 36 III HOUSING, ECONOMIC DEVELOPMENT AND LAND USE III-A. HOUSING AND N~IGHBORHOODS The housing problem for persons currently unable to afford market rate housing can best be mitigated if all levels of government and the private sector, including non-profit groups, work together and if each contributes a fair share to the solution. Each level of government should contribute to help solve the problem and each level's contributions should be of the kind it is best suited to make. The Federal and/or State Levels should provide direct financial subsidies for housing for low and moderate income persons. The Federal and State Governments also have the responsibility to provide a tax climate in which the private sector can produce and maintain rental units that are affordable to low and moderate income households. The State should also grant local units of government the authority and flexibility to conduct the kind of housing programs that best meets their diverse needs. The Metropolitan Council should continue to place high priority on housing planning for the Metropolitan Area and provide specific guidance to the public and private sectors so that both can make rational decisions relative to future housing needs. The Council should continue to be aggressive in seeking innovative ways to create housing opportunities for low income persons. Local units of government also have a major role to play. Local controls constitute but a small portion of the total cost of housing but local units should not establish requirements which go beyond what is necessary for the protection of health, safety and welfare. Local units should also work with the private and non-profit sectors to make the best use of existing tools to produce affordable housing which is more affordable. Decision makers at all levels must become more cognizant of their actions, policies, and decisions which have an undesirable impact on housing costs. A-1. EXAMINE LOCAL REQUIREMENTS THAT AFFECT HOUSING COSTS. Local requirements, if excessive, can add to the cost of producing affordable housing. IT IS THE RESPONSIBILITY OF CITIES TO PERIODICALLY REVIEW THEIR LOCAL REQUIREMENTS (LAND USE REGULATIONS, SUBDIVISION ORDINANCES, ETC.) TO ASSURE THAT THESE REQUIREMENTS DO NOT GO BEYOND WHAT IS NECESSARY FOR THE PROTECTION OF HEALTH, SAFETY, AND WELFARE, AND INHIBIT THE CONSTRUCTION OF AFFORDABLE HOUSING. MODIFICATIONS SHOULD BE MADE IF EXLUSIONARY PRACTICES ARE FOUND. -20- PRACTICES BY OTHER LEVELS OF GOVERNMENT WHICH AFFECT HOUSING COSTS. Decision makers at other levels of government must become more cognizant of actions they take which have an impact on housing costs. These actions in themselves may be worthwhile and beneficial, but when implemented result in increased housing costs. Examples of this type of action would include such things as the sewer availability charge, restricted growth policies, building and energy codes, environmental rules, etc. OTHER LEVELS OF GOVERNMENT ATtO SHOULD EXAMINE THEIR PRACTICES AND POLICIES TO DETERMINE POSSIBLE UNNECESSARY IMPACTS ON HOUSING COSTS. CHANGES SHOULD BE MADE AS NECESSARY. A-3. MANDATORY LAND USE STANDARDS. Uniform standards for housing style, type and size are not appropriate because of the great diversity among cities and differences within cities relative to density of development, topography, age of housing stock, the mix of housing values, the level of municipal services which are provided. and Land use regulation is one of the tools used by city officials to protect the health, safety, welfare, and interests of the city's residents. THE LEGISLATURE SHOULD NOT PASS LEGISLATION WHICH MANDATES UNIFORM ZONING AND SUBDIVISION STANDARDS OR WHICH REMOVES ADDITIONAL LAND USE REGULATION AUTHORITY FROM LOCAL UNITS OF GOVERNMENT. CITIES SHOULD RETAIN THE AUTHORITY TO REGULATE THE LOCATION, SIZE, AMOUNT, AND TYPE OF HOUSING WITHIN THEIR BOUNDARIES. NO LEGISLATIVE INITIATIVE NEEDED. a-4. STATE HOUSING POLICY. The state should be a more active participant in providing funding for housing needs. It is expected that allocation of state resources would be based on an overall state housing policy which would provide the necessary tools for implementation. The Legislature needs to provide for financing strategies which will carry out the long range goals for providing and maintaining affordable housing opportunities. The state housing policy should enable and assist local governments, private and non-profit developers to initiate affordable housing. Local governments should participate in the formulation of a state housing policy which will be used to support local housing goals. THE AMM RECOMMENDS THAT THE STATE PROVIDE DIRECT FUNDING AND FINANCIAL INCENTIVES NEEDED TO ASSIST CITIES IN MEETING LONG TERM -21- HOUSING NEEDS IN THE STATE. DIRECT FUNDING SHOULD COME IN THE FORM OF GRANTS AND LOANS STATE FINANCING SOURCES, INCLUDING BUT NOT LIMITED TO: FROM - STATE APPROPRIATIONS - STATE BONDING - STATE GAMBLING REVENUE - MORTGAGE DEED TAX REVENUE - REVENUE FROM MINNESOTA HOUSING FINANCE AGENCY FINANCIAL INCENTIVES PROVIDED THROUGH THE STATE TAX POLICY SHOULD BE USED TO BENEFIT THEMAINTENANCE AND DEVELOPMENT OF AFFORDABLE HOUSING. INCENTIVES THAT SHOULD BE CONSIDERED BUT NOT LIMITED TO: STATE LOW INCOME HOUSING TAX CREDIT SAILS TAX EXEMI~IONS FOR THE CONSTRUCTION AND OPERATION OF LOW INCOME HOUSING BY PUBLIC AGENCIES THE STATE LEGISLATURE IN ATJOCATING RESOURCES FOR HOUSING SHOULD NOT SPECIFICA~J~ TARGET AN ACTIVITY AND THEREBY SET ASIDE SMA~J. AMOUNTS OF FUNDS FOR MANY DIFFERENT SMALL PROGRAMS. THIS JUST INCREASES STATE AND LOCAL COST IN ESTABLISHING RULES, AND APPLYING FOR AND ADMINISTERING THE PROGRAMS. INSTEAD THE LEGISLATURE SHOULD SET GENERAL POLICY PRIORITIES FOR THE USE OF STATE FUNDS AND A~W~W FOR LARGER POOLS OF FUNDS BY WHICH LOCAL, NON-PROFIT AND FOR-PROFIT DEVELOPERS CAN APPLY BASED ON THEIR SPECIFIC ACTIVITIES. A PORTION OF ANY NEW REGIONALTAX OR FUNDING SOURCE SHOULD BE USED TO ALSO FUND HOUSING ACTIVITIES IN COOPERATION WITH LOCAL UNITS OF THE AMM RECOMMENDS THAT THE PROPERTY TAX SYSTEM NOT BE USED AS A SOURCE OF NEW HOUSING FUNDS TO MEET STATE AND METROPOLITAN GOAI~. A-5 LOCAL HOUSING POLICY There is a great diversity among cities in the metropolitan area. Some cities need more housing for low income persons while other cities need housing for moderate to upper income persons, cities should have the authority to promote whichever kind of housing is in the public purpose and best interest of a particular city while attempting to provide housing opportunities to households of all income levels. Cities need to have a greater flexibility in financing their housing goals if they are to meet the intent of the Metropolitan Land Planning Act. CITIES SHOULD BE GRANTED SUFFICIENT AUTHORITY AND FLEXIBILITY BY THE LEGISLATURE TO CONDUCT AND FINANCE HOUSING PROGRAMS THAT MEET -22- THEIR INDIVIDUAL NOUSING NEEDS. LOCAL FUNDS CAN BE USED TO LEVERAGE FED~-[~L, STATE AND METROPOLITAN RESOURCES WHEN ~ CAN MEET COMMON POLICY GOALS. IT IS NECESSARY TO EXPAND FINANCIAL RESOURCES AVAILABLE AT THE LOCAL LEVEL. INCLUDING BUT NOT LIMITED TO: -REMOVAL OF HOUSING AUTHORITY LEVY LIMITS -REINSTATING THE STATE DEEDAND MORTGAGE TRANSFER TAX EXEMPTION FOR PUBLIC AGENCIES -ALLOWING CITIES TO IMPOSE IMPACT FEES A-6 METROPOLITAN NOUSING POLICY The 1991 Metropolitan Council through a specially appointed regional housing task force completed a thorough study of housing needs in the seven-county area. The study concluded that the region is facing critical challenges to its ability to provide decent affordable housing for its population. Demographic shifts, market forces and aging of the regional housing stock will combine in the 1990s to jeopardize many people's opportunity for housing of their choice. Those findings have not been addressed in a comprehensive manner at either the state and/or federal level and the AMM continues to support most of the task force's final report conclusions and is still very concerned with the problems identified in said report. And, it is still the case that individual cities do not have the financial resources to adequately deal with said problems which continue to cause unmet human needs for a good number of citizens in this Metropolitan area. TO BEGIN ADDRESSING THE REGION'S ON-GOING HOUSING PROBLEMS, THE AMMRECOMMENDS THAT: A. ~J~L CITIES AND 'i~{E METROPOLITAN COUNCIL UNDERTAKE COORDINATED PLANNING WITH RESPECT ~ CITY ~D REGIONAL HOUSING NEEDS INVOLVING BOTH THE PRIVATE AND PUBLIC SECTORS. B. A METROPOLITAN HOUSING AND NEIGHBORHOOD REVITILIZATION FUND BE ESTABLISHED. A SURCHARGE ON THE DEED TAX OR OTHER NON-PROPERTY REGIONAL FUNDING SOURCE OR NON-GENERAL OBLIGATION BOND SOURCE COULD BE USED TO PROVIDE THE FINANCING TO ADDRESS SUCH ISSUES AS ADEQUATE AFFORDABLE RENTAL HOUSING, AFFORDABLE OWNER OCCUPIED HOUSING, PRESERVATION OF AGING STOCK, SHELTER FOR PERSONS WITH SPECIAL NEEDS, ETC. ON A METROPOLITAN WIDE BASIS. ADDITIONAL FUNDING BE PROVIDED TO ASSIST CITIES WITH COMPREHENSIVE HOUSING PLA~NNING AND ITS IMPI.RMENTATION. THE ADDITIONAL FUNDING COULD BE CONDITIONED ON A CITY UNDERTAKING, -23- IF IT HAS NOT ALREADY DONE SO, THE SPECIFIED COMPREHENSIVE AND COORDINATED PLANNING AND ANY METROPOLITAN ALLOCATION OF FUNDING COULD BE BASED ON CONFORMANCE WITH REASONABLE STANDARDS. A-7 NEIGHBORHOOD LIVEABILITY Rapidly evolving social, demographic, economic and behavorial changes are converging on many cities creating new challenges that exceed their capacity to deal effectively with their new environments. The challenges cities face, such as deteriorating neighborhoods, crime, and drugs, need the cooperative efforts of public, private and business interests to solve, cities have expanded public safety, inspection, and health programs; have aggressively repaired and replaced infrastructure; i.e., replaced streets and public utility lines; have removed diseased trees, redeveloped parks, refurbished or replaced neighborhood civic facilities; and have developed programs to assist low and moderate income families, yet problems continue to grow. cities should take the lead in developing local and regional strategies that will assist them in dealing with growing neighborhood problems. These strategies should include the following major categories: 1. Physical and structural deterioration of the neighborhood. 2. Social welfare of the neighborhood. 3. Educational opportunities. PHYSICAL AND STRUCTURAL DETERIORATION OF THE NEIGHBORHOOD: ae cities need to evaluate the demographic impact on their housing stock and plan for future rehabilitation or reuse. The demographic impacts may include declining home values, delayed or non-maintenance of housing stock, foreclosed or abandoned housing and the changing of neighborhood character (i.e. An owner-base to a tenant-base). In a metropolitan area these forces go beyond a city's boundary and may require a more metropolitan view to try to resolve the causes of the problems. Cities need to plan for continued upgrading of public facilities (i.e. streets, utilities, parks) even in the face of declining values. This may require statutory authority beyond existing authority. c. Cities need to plan for regulatory enforcement at -24- levels needed to maintain neighborhood quality. If a strong level of enforcement is provided up front it can be an effective relatively low cost long term strategy for maintaining neighborhood quality. cities need to plan for and encourage neighborhood residents~ participation in the preservation of the city's neighborhoods. Neighborhood pride can become one of' the strongest tools that cities can tap into, provided that other resources are in place that can provide the means by which this energy can focus. Cities need to expand their resource base and plan for the targeting of resources to accomplish their long-term strategy for neighborhood preservations. Expanding this resource base will require coordinated efforts at the federal, state, regional and local level. fe cities need to strengthen their ability to take appropriate legal actions in a swift manner to eliminate deteriorating structures in a neighborhood. Lengthy procedures accelerate damaging impacts blighted structures have on a neighborhood. This should include the expanding use of the housing court to allow for action on single family dwellings and for City code enforcement. ge cities need to plan for and encourage neighborhood resident~s Da~icipation in recreational pursuits and activities. Along with the appropriate public facilities for recreation and leisure, there needs to be organized programs and activities to make the best use of these facilities. Cities should actively encourage apartment owners and managers to formally organize to create a forum by which owners, managers~ city officials, and other interested parties may work cooperatively to establish a climate that would achieve an ongoing relationship among all participants and encourage livable apartment environment~ SOClAL WELFARE OF NEIGHBORHOODS: cities need to evaluate those social issues that directly impact the liveability in a neighborhood (aging, child care, transportation, job training, domestic abuse, etc.) and plan for long-range systems that will strengthen the liveability of neighborhoods. -25- cities need to become more familiar with the social welfare system and work closely with state and county agencies to emphasize the need of stabilizing neighborhoods and the family units within those neighborhoods. Ce cities need to strengthen the cooperation of individuals and families within the neighborhood to support city initiatives dealing with crime and drug awareness, public health issues (i.e. garbage houses, animal infestation, etc.) and domestic abuse. de Cities need to plan for services to neighborhoods that will allow for affordable day care, transportation and job opportunities. The impact of lack of these services has the greatest impact on the low income and elderly households within any neighborhood. Se Cities need to develop programs and/or participate in the development of state and regional programs to lessen the impact that poverty has on the destabilization of a neighborhood. These programs are needed to deal with the broad range of issues rather than one specific activity and can be tailor-made to address a problem by linking activities together (i.e. rent, mortgage assistance or tax breaks tied to rehabilitation loans; rent assistance tied to child care; job training and transportation assistance, etc.). EDUCATIONAL OPPORTUNITIES: ae cities need to encourage, participate in and strengthen the school systems community education outreach programs. These programs provide an opportunity to coordinate school and city efforts to strengthen the liveability of neighborhoods. cities need to work within providing early childhood cities face in dealing neighborhood liYeability. the education process by education on problems with social impact on Ce cities need to work closely with secondary and post secondary education systems to encourage job training programs. Such programs can help solve neighborhood problems (i.e. work study with forestry, rehabilitation, maintenance, etc. which will give work experience by providing opportunities in the -26- neighborhoods). THE AMM RECOMMENDS: WHERE LEGISLATION IS DIRECTED TO ASSIST LOW INCOME PERSONS AND CHILDREN IN POVERTY, LEGISLATORS RECOGNIZE THE LINKAGE BETWEEN HOUSING AND HUMAN SERVICES, JOBS AND TRAINING, HEALTH CARE AND TRANSPORTATION. WHEN THE LEGISLATURE CONSIDERS LOW INCOME PROGRAMS, IT SHOULD TREAT THESE ACTIVITIES IN A COMPREHENSIVE MANNER. THAT THE LEGISLATURE ENACT NECESSARY LEGISLATION TO IDENTIFY AND ELIMINATE ANY BARRIERS T}L~T WOULD ACT TO DETER PERSONS FROM ACHIEVING THEIR GOAL OF ECONOMIC AND PERSONAL SUCCESS FOR THEM AND/OR THEIR FAMILY. THAT THE GOVERNOR~ BY EXECUTIVE, ORDER, DIRECT HIS DEPARTMENT HEADS WHO ARE INVOLVED WITH ANY ASPECT OF HOUSING ANDHUMAN SERVICES TO: COORDINATE THEIR OPERATIONS SO THAT THEY IDENTIFY AND REMOVE .ANY CONFLICTING REQUIREMENTS. ADMINISTRATIVELY, WHERE POSSIBLE IDENTIFY AND REMOVE THOSE B~RRIEP~ THAT ~D~ FELT TO RESTRICT A PERSON'S ABILITY TO ACHIEVE ECONOMIC AND PERSONAL SUCCESS. THAT THE LEGISLATURE AND ~{E GO%~RNOR ALSO SEEK ANY FEDERAL LEGISLATION AND/OR ADMINISTRATIVE RELIEF IN IDENTIFYING AND ELI~{INATING THOSE BARRIERS AT THE FEDERAL LEVEL THAT THWART ECONOMIC AND PERSONAL SUCCESS. A-8 STATE AND OR COUNTY LICENSED RESIDENTIAL FACILITIES (GROUP HOMES) The ~ believes that persons with disabilities are entitled to live in the least restrictive possible environment and should have a range of residential choices throughout the state. The 2~ also believes that residential based facilities (i.e. Group Homes) should not be concentrated~ Over-concentration of such facilities could have a negative impact on the community and on the facility residents. The AI~ believes 'Chat the principles contained in this policy are very appropriate and any state legislation pursued should not conflict witA t~e ~ principles. The residents of residential based facilities come from our communities and the AMM believes that cities as one of the major institutions of our society have a responsibility to be a part of the solution by welcoming such facilities on a fair share and rational basis. The AMM believes that cities have a responsibility to be part of the solution, but it also believes that the state has the major responsibility to assure that the residents living in residential based facilities receive care and supervision appropriate to the extent of their disability or their need to be housed in a group facility. The state's deinstitutionalization policy is directly linked to the need for more residential based care facilities in our cities and the state has the responsibility to provide sufficient funding to assure adequate care and supervision of the residents placed in such facilities. The AMM also believes that the state has an obligation to screen clients, particularly in the corrections area, so that persons placed in residential based facilities are not a danger to themselves, fellow residents, or the community. THE AMH BELIEVES THE FOLLOWING PRINCIPLES SHOULD BE IN LAW OR RUT~ TO REGULATE RESIDENTIAL BASED FACILITIES: -STATE AND COUNTY AGENCIES MUST PROVIDE TIMEI~ NOTIFICATION TO CITIES WHEN A RESIDENTIAL FACILITY LICENSE IS REQUESTED TO BE ISSUED OR RENEWED IN ORDER TO PROVIDE THE CITY ADEQUATE OPPORTUNITY TO RESPOND. CITIES ATtO NEED TO BE AWARE OF SUCH FACILITIES TO KNOW WHAT SPECIAL CARE IS BEING GIVEN RESIDENTS IN CASE OF PUBLIC SAFETY EMERGENCIES. -STEPS MUST BE TAKEN TO AVOID THE CLUSTERING OF COMMUNITY RESIDENTIAL FACILITIES ATTRIBUTABLE TO ECONOMIC, GEOGRAPHIC OR PROGRAMMATIC EXPEDIENCE. STANDARDS OF NONCONCENTRATION FOR THE STATE OR FOR COUNTY-ISSUED RFP'S SHOULD BE ESTABLISHED. CITIES SHOULD HAVE THE RIGHT TO REGULATE THE DISTANCE BETWEEN GROUP HOMES IN A CONSISTENT MANNER. -THERE MUST BE A REALISTIC ONGOING SCREENING PROCESS TO ASSURE THAT PERSONS PLACED IN A RESIDENTIAL FACILITY WILL BENEFIT FROM SUCH LIVING ENVIRONMENT AND WILL NOT BE A DANGER TO THEMSELVES OR OTHERS. THE LICENSING AUTHORITY MUST BE RESPONSIBLE FOR REMOVING ANY PERSONS FOUND INCAPABLE OF CONTINUING IN SUCH ENVIRONMENT. -FACILITIES LICENSED BY THE CORRECTIONS DEPARTMENT SHOULD NOT BE EXEMPT FROM REASONABLE LOCAL LAND USE REGULATIONS. -A FAIR SHARE CONCEPT AND FORMULA SHOULD BE CONSIDERED WITHIN THE METROPOLITAN AREA, BUT SUCH CONCEPT AND FORMULA MUST BE COGNIZANT OF OTHER FACTORS INCLUDING TRANSPORTATION FACILITIES, JOBS AVAILABILITY, AND OTHER NEEDED SUPPORT SERVICES. -THE LICENSING AUTHORITY AND/OR THE LEGISLATURE SHOULD PROVIDE SOME LATITUDE TO CITIES IN SITING SUCH FACILITIES IN ORDER TO -28- PROVIDE LOCATIONAL SETTINGS THAT WILL BEST MEET THE NEEDS OF THE PROVIDERS, FACILITY RESIDENTS, THE NEIGHBORHOOD AND THE COMMUNITY AS A WHOLE. A-9 LICENSED RESIDENTIAL FACILITIES (GROUP HOI{ES) INSPECTIONS Cities are frequently requested by the state fire marshal to inspect group homes and day care facilities, which the state has the responsibility for. Also, there are inspections made by the county and/or state for health and licensing purposes. Cities do not care to provide this service since they 1) do not get compensation for performing the inspection, and 2) expose themselves to liability if the city is involved in the inspection. THE AMM RECOMMENDS THAT: THE STATE AND/OR COUNTIES PROVIDE ALL THE INSPECTION REQUIRED BY STATE LAW. IF THE STATE AND/OR COUNTIES WISH TO HAVE CITIES PROVIDE THE INSPECTION ON THEIR BE}IALF, THE FOLLOWING CONDITIONS MUST APPLY: CITIES WOULD BE FAIRLY COMPENSATED FOR THEIR WORK. CITIES WOULD HAVE THE AUTHORITY TO ORDER COMPLIANCE AND/OR PROHIBIT THE FACILITY FROM OPENING UNTIL THERE IS COMPLIANCE. THE STATE AND COUNTIES WOULD BE RESPONSIBLE FOR THE RISK MANAGEMENT CONCERNS AND THE CITIES WOULD BE EXEMPT FROM LITIGATION THAT MAY OCCUR. III-B ECONOMIC DEVELOPMENT Cities have an interest in the maintenance of and appropriate enhancements to the economic base of their respective communities. It is the community's economic base which provides; a.) the tax base and other revenue sources which support the general operations of cities, counties and school districts; bo) the employment residents and, of some or a substantial number of c.) the means by which the populus is housed. Ail metropolitan communities address economic development when it's translated to physical development through their local land use regulations with the individual communities striving for "orderly development". As a group however, metropolitan -29- communities differ as to development needs and view points, with each community's needs subject to a number of variables. A municipality's ability to both regulate and promote economic development is based on authority established by other organizations and regulations. It is this ability that is of general interest to all Metropolitan communities. The Association of Metropolitan Municipalities (AMM) is the principal policy action group acting on behalf of its member cities. As such it is appropriate that AMM present the policy issues and concerns to those organizations that set the rules. As noted economic development for local governments is not just a matter of more tax base for the community but entails tools to promote, regulate and service the development. Promotional means include Housing and Redevelopment Authorities, Economic Development Authorities, Port Authorities, tax increment financing, revenue and general obligation bonds, condemnation and the Star Cities Program. Regulation includes its comprehensive planning and land use functions. Servicing include water, sewer, streets and other municipal services. B-1 CITIES RE-DEVELOPMENTAND ECONOMIC DEVELOPMENT RESPONSIBILITIES: The Twin City Metropolitan Area contains over 50% of the population of the State of Minnesota and is the major source of the economic vitality of this state. At the same time, the cities of Minneapolis and St. Paul, along with the older suburbs are facing the ongoing need for providing economic development opportunities for the lower income residents of their respective communities. There is also the need for the redevelopment of neighborhoods and commercial and industrial areas to revitalize the decaying areas of these cities, which is causing disinvestment. In view of the fact that cities have the primary responsibility for economic development and to accomplish the above goals, cities need fiscal tools so they can address these issues on a timely and effective basis. One of the major keys for reducing poverty in decaying areas is to provide access to good paying jobs such as those associated with manufacturing enterprises. It is important to provide incentives or other tools to help retain or introduce manufacturing business into economically distressed areas. The most effective program that the central cities have had at the state level has been the Urban Revitalization Action Program -30- (U.R.A.P.). This program was very easy to administer. Many inner-ring suburban communities with deteriorating job bases and aging housing stock asked for similar legislation in the past and feel that it would work well to address their housing and related economic development needs - including a targeted jobs program also. THE AMMURGES APPROVAL OF A NEW WORKABLE STATE ENTERPRISE ZONE OR A MANUFACTURING JOB OPPORTUNITY ZONE INCENTIVE PROGRAM FOR CITIES WHOSE MANUFACTURING JOB BASE IS ERODING. THE AMMALSO URGES THE LEGISLATURE TO ENACT A NEW VERSION OF THE URAP PROGRAM 'I~{AT INCLUDES ALL CITIES WITH THE CHARACTERISTICS AND DEMOGRAPHICS THAT MEET DEFINED CRITERIA. SUCH CRITERIA SHOULD INCLUDE FACTORS SUCH AS POVERTY RATES, AGE OF HOUSING, UNEMPLOYMENT RATES, INCOME LEVELS, ETC. WE ALSO RECOMMEND THAT ONCE A CITY HAS BEEN DESIGNATED A URAP ELIGIBLE COMMUNITY, IT BECOMES AUTOMATICA]~N ELIGIBLE FOR ANY BENEFITS THAT WOULD BE AVAILABLE UNDER ANY FEDERAL OR STATE ENTERPRISE ZONE LEGISLATION AND/ORANY OTHER PROGRAM TARGETED TO CITIES WHOSE CHARACTERISTICS AND DEMOGRAPHICS INDICATE THERE ARE NEEDS THAT CANNOT BE MET WITHOUT STATE AND OR FEDERAL ASSISTANCE. B-2 EQUAL TREATMENT OF CITIES. The AMM believes that all cities irrespective of size or location should be treated fairly with respect to the availability and use of state authorized economic development programs, including redevelopment tools, and programs and other state funding. NEW OR P~VISED PROGRAMS DESIGNED TO ADDRESS SPECIFIC ECONOMIC CIRCUMSTANCES WITHIN CITIES OR COUNTIES SHOULD USE PROBLEM DEFINITION A~ THE CRITERIA FOR PARTICIPATION AS OPPOSED TO GEOGRAPHIC LOCATION, SIZE OR CITY CLASS, ETC. B-3 TAX INCREMENT FINANCING. Tax Increment Finance (TIF) has enabled cities to plan and carry out housing, economic development, and redevelopment projects on their own initiative. TIF represented, prior to 1990, the most feasible and effective strategy or tool exercised by cities to preserve and improve their own physical and economic environments. TIF is virtually the only tool available to most cities for positive self intervention to curb the spread of blight and to encourage and manage sound economic development which is so vital to provide jobs and to maintain a healthy tax base. Over the past several years, however, TIF authority has been seriously limited, and, as a result, the ability of cities to engage in needed development and redevelopment has been sharply reduced. The state needs to acknowledge that cities are the primary governmental unit responsible for economic development to create jobs and help stabilize the state's economy, redevelop blight and decay, develop affordable rental and owner-occupied housing, and clean up pollution within cities. TIF has proven to be the most effective tool for cities in fulfilling these needs, and some of the restrictions need to be removed to allow these efforts. The LGA/HACA aid penalty should not apply to all TIF districts. If the Legislature is not willing to remove it, cities should not be restricted in their means of paying for the penalty. The general fund of a city should not be responsible for this penalty, and the Legislature should remove the prohibition on developer payment of the penalty. TIF should be improved and must be preserved for use by all cities irrespective of geographical location and any limitations should be based on demographic criteria. THE AMM ENCOURAGES THE LEGISLATURE TO MAKE POSITIVE CHANGES TO THE TAX INCREMENT FINANCING LAWS. -AT,TOW POOLING FOR REDEVELOPMENT AND POT,T~3TION DISTRICTS. -ALLOW CREATION OF POLIAP~ION DISTRICTS FOR CT~AN-UP CONTAMINATED SOILS. -ELIMINATE THE LGA AND HACA PENALTY FOR REDEVELOPMENT AND POLIAP~ION DISTRICTS. -PROVIDE AUTHORITY FOR AN EFFECTIVE, WORKABLE MANUFACTURING TIF DISTRICT. -ATJOW REDEVELOPMENT AND RENEWAL DISTRICTS TO BE REDESIGNATED AS A POI//T~ION DISTRICT IF CONTAMINATION REQUIRING SIGNIFICANT CT.F. AR UP COSTS IS FOUND. B-4 PROPERTY TAX/VAIArE ABATEMENT AUTHORITY Minnesota Cities have the prime governmental responsibility for economic development. While cities have the responsibility, by statute and default, they have very few tools to carryout that responsibility. The major existing tool is Tax Increment Financing (TIF) and its effectiveness has been diminished by legislative actions in recent years. The AMM believe additional tools are needed and would support legislation which authorizes cities to abate either property taxes or property value. The AMM believes only abatement efforts to preserve tax base, -32- promote job creation or retention, redevelop blighted areas and to promote affordable housing should be eligible for abatement. Criteria should be developed to guarantee that these tools would have accountability by both the local governments and the property owners. Programs such as homestead credit, "this old house", the abatement authority for enterprize zones~ and the new contamination tax for pollution cleanup have all set the precedent for a coordinated system of value and ta× abatements. Currently, many property owners are discouraged from making substantial improvements to their property because of the offsetting penalty of increased taxes. THE AMH SUPPORTS THE CREATION OF TWO TYPES OF ABATEMENT AUTHORITY TO FACILITATE REDEVELOPMENT AND JOB CREATION. PROPERTY TAX ABATEMENTS SHOULD BE AVAILABLE FOR ALL TYPES OF PROPERTY TO ABATE THE TAXES THAT ARE CAUSED BY INCREASES IN VALUE WHICH ARE DUE TO IMPROVEME~£S ~{AT ARE MADE TO THE PROPERTY IF SUCH PROPERTY IS PART OF A REDEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE PROPERTY OWNER. PROPERTY VAIJ3E ABATEMENTS SHOULD BE AUTHORIZED FOR TARGETED REDEVELOPMENT WHICH OCCURS IN ~PRESERVATION AND REHABILITATION ZONES" WHICH WOULD BE ESTABLISHED BY CITIES TO INCLUDE A NUMBER OF BLIGHTED PROPERTIES. SUCH ZONES COULD BE CREATED BASED ON DEFINITIVE CRITERIA SUCH AS AREAS WITH DECLINING PROPERTY VAI~IES, LOW HOUSEHOLD INCOMES~ ETC., AND SHOULD BE TARGETED TO RESIDENTIAL AND EMPLOYMENT/INDUSTRIAL PROPERTY ONLY. B-5 LOCAL OPTION FOR DEVELOPMENT ORGANIZATION STRUCTURE. There have been previous legislative initiatives which would have the effect of forcing cities to have a combined, single development authority for housing and economic development and redevelopment activities. The proponents argue that the intent of such legislation is not to restrict local development activities but to help assure coordination and cooperation at the local level. We believe cities ought to have the maximum flexibility in determining which type or types of local agencies are the most appropriate to meet the desires and unique needs of different cities. There is a possibility that a bill similar to the previous bill will be introduced again. THE AMH SUPPORTS LEGISLATION WHICH WOULD ENABLE CITIES TO HAVE A SINGLE, COMBINED DEVELOPMENT AUTHORITY AS LONG AS IT IS OPTIONAL. IF THE LEGISLATURE BELIEVES THAT IT IS IN THE ~PUBLIC INTEREST' TO HAVE A SINGLE, COMBINED DEVELOPMENT AUTHORITY, IT SHOULD PROVIDE INCENTIVES TO ENCOURAGE CITIES TO ADOPT THAT OPTION. SUCH ACTION SHOULD NOT BE MANDATED NOR SHOULD A CITY BE PENALIZED IF IT DOES NOT CHOOSE SUCH OPTION. THE AMM AT-qO SUPPORTS ENABLING LEGISLATION TO AT.T~JW CITIES TO CREATE AN AREA (TWO OR MORE CITIES) DEVELOPMENT AUTHORITY. B-6 DEVELOPMENT OF POLT;3TED LANDS Every Minnesota city has contaminated sites within its boundaries that remain underdeveloped and polluted because of the number of obstacles that prevent local government action. Among the roadblocks are liability issues and financing of up-front costs for clean-up. Developers are reluctant to expose themselves to liability. Clean-up costs often exceed the value of the land precluding incentive for private sector intervention. Public sector subsidy is critical. Recent changes in tax increment law have rendered hazardous substance subdistricts useless in providing assistance with clean-up costs, and Superfund dollars are not sufficient to address the need. The Legislature did pass the Land Recycling Act of 1992 which should be of some help. The law is designed to promote the transfer and reuse of contaminated land by offering an exemption from liability to those who are not otherwise liable and who voluntarily cleanup a site. The new law also provides that once a response action is satisfactorily completed, the PCA Commissioner will issue a certificate of completion. The 1993 tax law also made a step toward developing a pollution cleanup program and acknowledged that tax increment financing (TIF) is an appropriate tool to provide a portion of the funding. The AMM however, opposes the Legislature's decision that cities must use general taxes and fees from their city residents to provide a portion of the cleanup funding to be eligible for contamination grants and use of TIF authority, cities should have the right to clean-up polluted private property without penalizing all city taxpayers. THE AMM SUPPORTS LEGISLATION THAT WOULD: -CREATE ADDITIONAL FINANCING METHODS TO ADEQUATELY FUND A STATEWIDE CT~ANUP PROGRAM. -REQUIRE THAT CONDEMNATION COMMISSIONERS CONSIDER THE COST OF CORRECTING POTwZ3TION PROBLRMS IN DETERMINING THE FINAL AWARD VALUE OF THE PROPERTY. -AUTHORIZE CREATION OF TIF POTW~3TION DISTRICTS (SEE POLICY III-B3). B-7 BUILDING PERMIT FEE SURCHARGE -34- Local units of government levy a one half percent surcharge on building permits which is paid to the State to operate the State Building Codes and Standards Division. Until the 1991 Legislature changed the law at the request of the Governor, any excess fees over actual operating costs were proportionately rebated to local units to help pay for Building Officials training and continuing education costs. Local units of government are facing tough financial times and need every available resource, especially that which could be considered local money. THE AM}4 RECOMMENDS REINSTATING THE LANGUAGE PROVIDING THAT UNUSED BUILDING PERMIT SURCHARGE FEES IN EXCESS OF STATE BUILDING CODE DIVISION COSTS BE RETURNED TO LOCAL 'UNITS OF GOVERNMENT. III-C LAND USE PLANNING Land use regulation by cities in the Metropolitan Area has been governed by the Municipal Planning Act (MS 462) and the Metropolitan Land Planning Act (MS 473). While not a perfect framework, these acts have worked well for the vast majority of cities in the metropolitan area. Land use control is more than just one of the many powers exercised by cities and occupies a significant part of the work of city councils and their staff. It has a significant impact on other community regulations, tax base, economic development and redevelopment. It is a driving force for creating service needs. Land use regulation is the common thread which runs through most of a city's functions and operations. Proposed legislation, which would have superceded existing law and created a uniform land planning law for cities, towns and counties was introduced in the 1987 through 1990 legislative sessions under the sponsorship of the Governor's Advisory Committee on State-Local Relations (ACSLR). The AMM successfully opposed those proposals because they would have diluted the authority of local elected officials; established a new legal framework which could have rendered moot much of the existing case law and existing codes and ordinances; created conflict with some provisions of the metropolitan land planning act; and reduced the flexibility and discretion of local officials to manage development within cities. A special AMM task force worked for over two years in developing a compromise proposal beneficial to metro cities as well as to the counties, townships and outstate cities. The task force's work was completed in late 1991 and a bill was introduced in the 1992 session which embodied the task force's work. No comparable bill was introduced in the 1993 session. THE AMMWIIJ. SUPPORT A UNIFORM LAND PLANNING ACT THAT IS CONSISTENT WITH THE PROVISIONS OF THE COMPROMISE PROPOSAL -35- DEVELOPED BY THE AMM LAND USE PLANNING TASK FORCE THAT WAS EMBODIED IN THE 1992 DRAFT BILL. -36- Northern States Power Company Economic Development 414 Nicotlet Mall Minneapolis, Minnesota 55401 612 330-5878 fax July 6, 1994 Mr. Donald Schneider Director, Community Development Columbia Heights I-IRA 590 - 40th Avenue NE Columbia Heights, MN 55421 Dear Don, Enclosed is a copy of the final report submitted recently by NSP to the Minnesota Public Utilities Commission (PUC) summarizing the results of NSP's four year pilot area development rate program, or Project Gemini. As discussed in our transmittal letter, NSP is requesting that the PUC reauthorize the program through June 1995 while the PUC, NSP, the 1995 Minnesota Legislature and other interested parties discuss the merits of area development rate programs. We will keep you informed as discussions with both the PUC and the Legislature proceed. Thank you for your' past support and assistance. Sincerely, Kenneth E. Stabler Administrator, Economic Development 330-5834 enclosure Norl~ern Slatee Power Compeny 414 Nicollei Mall Minnea;x)li$, Minneso~ 5~01 T~pho~ (612) ~ Robert H. Schulte ~ Pll~Ment 3tmc 30, 1994 Mr. Burl Haar Executive Secretary Minnesota Public Utilities Commission 1121 7th Place East, Suite 350 St. Paul, MN 55101-2116 Re: Area Development Rider Final Report (M~UC Docket No. E-002/M-89-795) Dear Mr. Haar: Nor, hem States Power Company (NSP) is pleased to submit the referenced r~port in accordance with the Minnesota Public Utilities Commission's order (MPUC Docket No. E-002/M-89-795) approving NSP's area development rider (A.DR) program. Individual billing and electric load information reported by customer in Appendix D of the r~pon is considered ~ non-public information by NSP and should not be distributed to unauthorized parties. Pursuant to Minn. Stat. § 13.37 and the Commission's Internal Procedures for Handling Trade Secret Information, NSP respectfully requests that this information be treated as proprietary information. NSP is requesting that the Commission extend the program without modification until June 28, 1995. An mended tariff sheet reflecting this proposed change is enclosed. Minn. Stat. § 216B. 161, Subd. 3, gives the Commission the authority to allow a utility to offer an area development rate for up to five years. The Commissions 's initial order approving NSP's area development rate program was dated June 28, 1990. Minn. Stat. § 216B.161, Subd. 4, directs the Commission to 'submit its findings to the legislature by January 1, 1995." The 1995 Minnesota Legislature, in collaboration with the Commission, NSP and other interested parties, will review the impact and effectiveness of NSP's pilot program and make a determination on the program's future prior to the planned repeal date of Minn. Stat. § 216B.161 on July 1, 1995. '.' ? ./ /' ..__ Northern States Power Company · Effect of the program on competing businesses not receiving the rate discount This effect is very difficult to measure or evaluate. NSP is not aware of any business that was forced to modify its operations or was otherwise harmed I~_cause an ADR customer had an advantage. The rate is in part intent/or, ally limited to manufacturing and wholesale trade since they tend to compete on a regional or national basis, thereby limiting the negative competitive effects on non-participating companies. · Effect of the program on other comnmnities not eligible for the rate discount This effect is also very hard to measure. Central cities and first ring suburbs were targeted because they have been losing employment in manufacturing and wholesale trade. The program expansion proposed by NSP and approved by the Commission in August 1992 intentionally limited availability of the rate to fully-developed communities that have experienced job losses in manufacturing and wholesale trade. NSP is not aware of any non-participating community that has either claimed or demonstrated that the ADR has harmed their community. · Whether the new load growth is energy efficient Energy management and conservation information was provided to all program participants; three ADR customers participate in NSP's load management rate program; energy efficient equipment (lighting, motors, rooftop air conditioning) has been installed by seven customers. Influence of ADR on Business Ix}cation Decisions Companies consider a number of factors when evaluating alternative sites to relocate an existing business or site a new business. ADR customers were interviewed shortly after their applications were approved to discuss the factors contributing to their decision to locate in one of the ADR zones. A number of the initial ADR customers had been involved in evaluating alternative sites prior to the availability of the ADR. Consequently, decisions had been made to select sites in the ADR zones before the financial incentive provided by the A.DR could be considered an important factor. Nevertheless, a number of these customers felt that the ADR is an important factor in location decision-making. Their comments suggest that companies do respond positively to the types of incentives offered by the ADR. A majority of the 16 participating companies were influenced directly by the ADR in their decisions. 10 Northern States Power Company Individual comments provided by representatives from each company are as follows: A.wen Research Corporation: ADR significant and important factor; other site being considered located in Minnesota but outside NSP's service territory. Juno Medical and Trade: considered a number of factors; ADR an important factor in final site selection. · Van Hoven Company: ADR not a significant factor for on-site expansion project. · Northern Cap Manufacturing:. ADR was one factor; financing package provided by MCDA was primary factor; initially considered suburban location. · Miller Manufacturing: ADR was important factor; considered out-of-state locations for expansion project since primary markets are outside Minnesota. Precision Tapes: ADR a factor; primary issue was favorable interest rates on industrial revenue bonds. Envelope Specialties: ADR was a factor; company committed to northwest metro and had just initiated site search when informed about ADR zone in Columbia Heights. Kent Electronics: A.DR was one of many contributing factors; also wanted to remain in general area for employee convenience (located in area for many years). Northwestern Foods: Primary factors were desire to remain in same general location to serve existing customer base; considered other ADR zones before selecting the Westgate Industrial Park. · Eagle Welding: ADR was the primary deciding factor; availability of long term fixed rate financing also important. Swansons Meats: A.DR was a definite factor in the final decision; primary factors were the availability of land near prior facility and proximity to downtown. Chargo Printing: Primary factors were the availability of state Enterprise Zone credits; ADR would have been a minor factor in decision. 11 May 20, 1994 PETITIONS FOR REVIEW OF PROPERTY VALUE The following properties have Petitioned for Review of their 1993 Real Property Tax Assessment payable 1994: Robert Lunieski Medtronic, Inc. Douglas Chapel School Street Develop. First Bank System M.E. International SAH Partnership 4014 Central Ave. Kraus-Ande rson David N.Lasky Lange Tank, Inc Kenneth Hentges Advance Flex, Inc. Thomas E. Sullivan North Coast Partners H.B. Fuller Lynde Investment Co. 1140 45th Ave. 800 53rd Ave. 4546 Tyler St. 5050 Central Ave. 3836 Stinson Blvd. 3901 University Blvd. 5085 Central Ave. 4014-16 Central Ave. 4300 Central Ave. 4318-22 3rd St. 674 39th Ave. 4150 Monroe St. 3905 California St. 4757 Central Ave. 4110 Central Ave. 3900 Jackson St. 5121 University Ave 5131 University Ave 5141 University Ave 4707 University Ave 4715 University Ave 4433 University Ave 4425 University Ave 4441 University Ave 4102 4th St. 4100 4th St. 36-30-24-22-0001 26-30-24-11-0014 25-30-24-33-0055 26-30-24-14-0140 36-30-24-44-0007 35-30-24-31-0161 35-30-24-31-0162 25-30-24-22-0065 35-30-24-41-0044 35-30-24-11-0083 35-30-24-22-0133 35-30-24-43-0053 35-30-24-43-0041 34-30-24-41-0020 25-30-24-32-0004 35-30-24-14-0148 35-30-24-14-0149 35-30-24-44-0024 26-30-24-Z1-0112 26-30-24-21-0113 26-30-24-21-0114 26-30-24-31-0104 26-30-24-31-0105 35-30-24-21-0199 35-30-24-21-0200 35-30-24-21-0201 35-30-24-24-0182 35-30-24-31-0134 4616 Tyler Violations: Noted on 4-18-94 1. Kitchen floor damaged/deteriorated. 2. Kitchen cupboard door missing. 3. Bathroom door does not latch. 4. Entry door damaged. 5. Kitchen sink leaks. 6. Battery removed from smoke detector. 7. Holes in bedroom door. 8. Styrofoam panels glued to ceiling. 9. Kitchen floor tiles damaged. 10. Smoke detector missing. 11. Battery missing from smoke detector. 12. Unable to gain entry to Unit 7. 13. Carpeting in hallways deteriorated. 14. Floor surface inside front and rear entryways deteriorated. 15. Exterior steps have sunken and pulled away form building. 16. Trash along rear fence. 17. Retaining wall along rear fence line deteriorated. 18. Fence along rear of property damaged, large hole. 19. Parking lot deteriorated. 20. Damaged glass, north side 2dn floor window. 21. Landscaped area in front of property deteriorated. 22. Lawn has bare areas. 23. Unit 3 door is unidentified. Status: Inspection was carried out on 6-30-94 and all violations were identified again. As of 7-21-94 all violations remain. 4622 Tyler Violations: Noted on 4-18-94. 1. Unit 3 smoke detector missing. 2. Unit 3 soap tray missing from wall of shower. 3. Unit 6 entry door damaged. 4. Unit 4 smoke detector damaged. 5. Laundry room, tiles missing from window ledge. 6. Rear entryway floor tiles damaged. 7. Hallway carpeting deteriorated. 8. Damaged glass in windows, 2nd floor rear and 2nd floor south side. 9. Exposed wiring where electrical mast enters house. 10. Lawn has bare areas. 11. Hill in rear of property deteriorated, accumulation of trash. 12. Breaker bar missing on fire extinguisher cabinet, 2nd floor. 13. Landscape area in front of property deteriorated. Status: Inspection was carried out on 6-30-94. All violations remain unchanged. 4628 Tyler Violations: Noted on 4-20-94 1. Unit 101 damaged bedroom walls. 2. Unit 101 bedroom closet door off track. 3. Unit 101 bedroom door has holes. 4. Unit 101 smoke detector missing. 5. Unit 101 sheetrock around bathroom window deteriorated. 6. Unit 10! cover missing on thermostat control. 7. Unit 102 Bathroom ceiling and walls paint peeling. 8. Unit 202 smoke detector loose. 9. Unit 204 glass globe missing on bedroom light. 10. Motorcycle parked on rear lawn. 11. Damaged floor tiles inside rear entryway. 12. Front door planter brickwork missing/damaged. 13. Storage in laundry room. 14. Unsecured storage lockers. Status: Inspection was carried out on 6-7-94. Building was in compliance to violation 12. All other violations remain unchanged. 4634 Tyler Violations: Noted on 4-20-94. 1. Unit 101 smoke detector damaged. 2. Unit 102 bathroom hot water faucet leaks. 3. Miscellaneous storage in rear yard along north side. 4. Lawn has bare areas along no~th side of building 5. Motorcycle parked on landscape area. 6. Fencing along north side damaged. 7. Partial timber retaining wall is rotting out. 8. Scrub growth along building foundation. 9. Bricks damaged near front entry. 10. Laundry room door does not close and latch. Status: Inspection was carried out on 6-7-94. Violations 1-3, 5, and 9 were found to be in compliance. All other violations remained unchanged.