HomeMy WebLinkAboutApril 24, 2000 RegularCITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
ADMINISTRATION
April 20, 2000
Mayor
GBry L. Peterson
Councilmembers
John Hunter
Marlaine Szurek
Julienne Wyckoff
City Manager
Waiter R. Fchst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday, April 24, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, Minnesota.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment
in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon
request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 706-3611, to make arrangements.
(TDD/706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items
brought to the attention of the Council under the Citizen Fomm or items submitted after the agenda preparation deadline.)
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one
motion. Items removed from consent agenda approval will be taken up as next order of business.)
MOTION: Move to approve Consent Agenda items as follows:
1 ) Minutes for Approval
MOTION: Move to approve the minutes of the April 10, 2000, Regular Council Meeting
as presented.
2)
Establish Work Session meetin~ dates for May of 2000.
MOTION: Move to establish Work Session meeting dates of Monday, May 1, 2000 at
8:00 p.m. and Monday, May 15, 2000 at 7:00 p.m.
3)
Approve Revision to Salary Range for Planner
MOTION: Move to approve the revised 2000 monthly salary range for the position of
Planner, effective May 15, 2000, as follows: entry $3,049; six month, $3,153; one year,
$3,257; two years, $3,361; three years, $3,465.
4)
Authorize Request from Columbia Heights High School to assist in Staged Re-enactment
MOTION: Move to approve the Police and Fire Department assist to the High School with
a staged re-enactment of a fatal car accident involving an intoxicated driver and multiple
injuries to other passengers on May 5, 2000, between the hours of 8:00 a.m. and 11:00
a.m. This m-enactment is to be located at 49th Avenue and Fillmore Street N.E., which
would require blocking this street from 8:00 a.m. to 11:00 a.m. between 49th Avenue and
Lincoln Street on Fillmom.
EQUAL OPPORTUNITY EMPLOYER
City Council Agenda
April 24, 2000
Page 2
5)
6)
7)
8)
9)
lo)
Approve Permits for 2000 Jamboree
MOTION: Move to authorize staff to close Jefferson Street from Monday af~emoon, June
19, 2000 through Sunday, June 25, 2000.
MOTION: Move to authorize the Police Department to issue a parade permit for the
Jamboree Parade to be held on Friday, June 23, 2000, at 6:30 P.M. for the following
streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street,
and 5th Street to Mill Street.
Adopt Resolution #2000-38. being a Resolution to Award the 2000 Street Crack Sealin~
and Parking Lot Joint and Crack Sealing
MOTION: Move to waive the reading of Resolution #2000-38, there being ample copies
available to the public.
MOTION: Move to approve and adopt Resolution No. 2000-38, accepting bids and award
the 2000 Street Crack Sealing and Parking Lot Joint and Crack Sealing, Project #0001 (A),
to Northwest Asphalt Maintenance, Inc. of Goodridge, Minnesota, based upon their low,
qualified, responsible bid in the amount of $19,404.00 to be appropriated from Fund 415-
50001-5130; and furthermore, to authorize the Mayor and City Manager to enter into an
agreement for the same.
Authorization to seek bids for one (1) Chassis Mounted Pothole Patcher
MOTION: Move to authorize staff to seek bids for one (1) new Chassis Mounted Pothole
Patcher.
Authorization to seek bids for a Dump Truck, Plow, and Spinner Sander
MOTION: Move to authorize staff to seek bids for a dump truck, plow and spinner
sander.
Supplemental Aereement and Addendam with Mn/DOT for Central Avenue Signal
MOTION: Move to approve Supplemental Agreement #1 to the Cooperative Agreement
CP 9505 in the amount of $59,619.40 to Egan-McKay Electrical and $42,975.75 to the
State of Minnesota Department of Transportation with funding appropriated from Mn/Dot
and City State-Aid Funds.
MOTION: Move to approve Addendum #3 to BRW in the amount of $18,000.00 for
Professional Services for the Central Avenue Traffic Signal Revisions, City Project 1995-
05 phases I & II.
Establish Heating Dates regarding License Revocation or Suspension of Rental Properties
at 1407-1409 Circle Terrace and 4616 Tyler Street NE.
MOTION: Move to establish a Hearing Date of May 8, 2000, for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Susan Loewenthal at 1407-1409 Circle Terrace.
City Council Agenda
April 24, 2000
Page 3
MOTION: Move to Establish a Heating Date of May 8, 2000, for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Syed Raza at 4616 Tyler Street NE.
11)
Close the Public Heating regarding License Revocation or Suspension of Rental Property
at 500 40m Avenue
MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of
the Rental License held by A. C. Milan L.L.C. regarding rental property at 500 - 40th
Avenue in that the property is in compliance with the Housing Maintenance Code.
12)
Close the Public Hearing re~ardin~ License Revocation or Suspension of Rental Property
at 4607 Pierce Street
MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of
the Rental License held by Matilyn Dalseth regarding rental property at 4607 Pierce Street
in that the property is in compliance with the Housing Maintenance Code.
13)
Approve License Applications
MOTION: Move to approve the items as listed on the business license agenda for April
24, 2000.
i4)
Payment of Bills
MOTION: Move to pay the bills as listed out of proper funds.
5. PROCLAMATIONS. PRESENTATIONS, RECOGNITIONS AND GUESTS
Proclamations
1. Arbor Day Proclamation
B. Presentations
Introduction of New Employees
1. Michael Kahnke - Police Officer
Recognition
1. Recognition of Heights Theater and acceptance of donation - Becky Loader & Barb Miller
2. Recognition of Promotion for Corporal Ted Fischer
3. County Recycling Award presented by Jean Kuehn
PUBLIC HEARINGS
Public Heating for Revocation/Suspension of Rental Housing License at 966 44-1/2 Avenue
MOTION: Move to close the Public Heating and waive the reading of Resolution 2000-39, there
being ample copies available to the public.
City Council Agenda
April 24, 2000
Page 4
MOTION: Move to adopt Resolution No. 2000-39, Resolution of the City Council of the City of
Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1 ) of the
Rental License held by Farzana Khan regarding Rental Property at 966 44-1/2 Avenue.
ITEMS FOR CONSiDERATION
Other Ordinances and Resolutions
1. Adopt Resolution #2000-40, being a Resolution authorizing Eminent Domain of the
property located at 4101 Central Avenue NE.
MOTION: Move to waive the reading of Resolution #2000-40, there being ample copies
available to the public.
MOTION: Move to adopt Resolution #2000-40, being a Resolution authorizing Eminent
Domain of the property 4101 Central Avenue NE.
B. Bid Considerations
Other Business
1. Approval of Competitive Franchising Policies and Procedures for Cable.
MOTION: Move to adopt the Policies and Procedures Goveming Application, Review,
and Recommendations Regarding Grant of Competitive Cable Franchises dated April 12,
2000.
Approval to Publish Notice of Intent to Franchise
MOTION: Move to publish the attached Notice of Intent to Franchise, soliciting
applications from qualified entities that are interested in constructing a cable system and
providing cable service within the territorial limits of the City.
Metricom Agreement
MOTION: Move to authorize the Mayor and City Manager to enter into a Right-of-Way
Permit and Facility Use Agreement with Metricom, subject to inclusion of the provision as
outlined in the model agreement prepared by Bemick and Lifson.
ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1 ) Meeting of the March 21, 2000 Housing & Redevelopment Authority
City Council Agenda
April 24, 2000
Page 5
2)
3)
4)
Meeting of the April 4, 2000 Library Board of Trustees
Meeting of the April 4, 2000 Planning & Zoning Commission
Meeting of the March 21, 2000 Economic Development Authority
10.
CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested
to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the
time the item is being discussed.)
11. ADJOURNMENT
Wr/pm
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
APRIL 10~ 2000
CALL TO ORDER/ROLL CALL
Present: Mayor Gary Peterson, Councilmembers Jolly, Szurek, Wyckoff, and Hunter
2. PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items submitted
after the agenda preparation deadline.)
Walt Fehst added item 7A2; a Resolution to remove a special assessment from the 2000 tax roll.
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of
business.)
MOTION by Wyckoff, second by Szurek, to approve the Consent Agenda items as follows,
pulling items 4A2 and 4A6 for discussion:
1 ) Minutes for Approval
MOTION: Move to approve the minutes of the March 27, 2000, Regular Council
Meeting as presented.
MOTION: Move to approve the minutes of the April 3, 2000, Board of Review as
presented.
2)
Approve change in the Murzyn Hall Group Fee Policy
REMOVED FROM THE CONSENT AGENDA
3)
Request authorization for fireworks display and to seek bids for 2000 Jamboree
Fireworks
MOTION: Move to authorize fireworks on Saturday, June 24, 2000 in conjunction with
the Jamboree activities and to seek bids for a $6,000 fireworks display with $3,000
appropriated from Fund 101-45050-4378.
4)
Adopt Resolution No. 2000-34, Being a Resolution Affirming Rates for Water Supply,
Sewage Disposal, Storm Water Utility, Refuse, Recycling and Yard Waste in the City of
Columbia Heights
MOTION: Move to waive the reading of Resolution No. 2000-34, there being ample
copies available to the public.
MOTION: Move to adopt Resolution No. 2000-34, being a Resolution Affirming Rates
for Water Supply, Sewage Disposal, Storm Water Utility, Refuse, Recycling and Yard
Waste in the City of Columbia Heights.
City Council Minutes
April 10, 2000
Page 2
5)
Authorize to Purchase Updated Election Equipment
MOTION: Move to authorize the Mayor and City Manager to enter into an agreement
with Anoka County for the purchase of nine new ballot box counters, and to finance this
purchase through the county program at a 4.5% interest rate over the next four years.
Fehst indicated the equipment is budgeted over the next four years.
6) Accept Survey Research Proposal by Decision Resources, Ltd.
Fehst indicated the survey is the City Council's attempt to receive input from the community and to~nd what
level of service the public wouM like from all departments.
REMOVED FROM CONSENT AGENDA
7)
Approval of Plans and Specifications and Authorization to Seek Bids for 2000 Street
Rehabilitation Projects
MOTION: Move to approve the Plans and Specifications for the 2000 Street
Rehabilitation Projects in Zone 4 and authorize staff to seek bids for the same.
8)
Approve Final Payment for 1999 Storm Sewer Improvements
MOTION: Move to accept the work for 1999 Storm Sewer Improvements, City Project
Numbers 9907, 9908, 9909, and 9910; and, authorize final payment of $30,351.25 to
Glenn Rehbein Bros of Blaine, Minnesota.
9)
Close Heating for Rental License Revocation of 4544-4546 Fillmore Street
MOTION: Move to close the Public Hearing Regarding the Revocation or Suspension of
the Rental License held by William Frauly Regarding Rental Property at 4544-4546
Fillmore Street in that the Property is in Compliance with the Housing Maintenance
Code.
10)
Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties
MOTION: Move to establish a Heating Date of April 24, 2000, for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia
Heights against A.C. Milan L.L.C. at 500 40t" Avenue.
MOTION: Move to Establish a Hearing Date of April 24, 2000, for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia
Heights against Marilyn Dalseth at 4607 Pierce Street.
MOTION: Move to Establish a Hearing Date of April 24, 2000, for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia
Heights against Farzana Khan at 966-968 44 ½ Avenue.
ll)
Appointment of Members to Joint Community Task Force
MOTION: Move to appoint the following individuals to the Joint Task Force: Julienne
Wyckoff as City Councilmember, Marlaine Szurek as EDA Commissioner, Tom
Ramsdell as Planning and Zoning Commissioner, and --- as the
Business Community Representative.
City Council Minutes
April 10, 2000
Page 3
Fehst indicated the Business Community Representative is yet to be named. This committee will facilitate
communication regarding the Medtronic project, or infrastructure improvements, that will affect Fridley,
Hilltop, and Columbia Heights.
12)
Approve License Applications
MOTION: Move to approve the items as listed on the business license and rental
housing licenses agenda for April 10, 2000.
Payment of Bills
MOTION: Move to pay the bills as listed out of proper funds.
Hnnter questioned the purchase of election machines. Fehst indicated Anoka County requested this change.
Jolly requested Item 4A6 be pulled from the consent agenda for discussion.
Wyckoff requested item 4A2 be pulled from the consent agenda for discussion.
All ayes. Motion carried.
The resident from 4241 4th Street asked to address the Council Mayor Peterson asked that she address the
Council under Open Forum.
#2. Approve change in the Murzyn Hall Group Fee Policy
Wyckoff questioned the fee increase for use of Mur~vn Hall. Fehst indicated there is only one full time
maintenance person and a couple of part-time employees for this building. Murzyn Hall fees are reduced 35
percent for residents. This increase is an attempt to help cover a small portion of our costs. Other communities
were contacted and have similar charges.
Keith Windschitl, Recreation Director, indicated this fee is only for da. vs when Murzyn Hall is not normally
open, which requires an emplqvee to be scheduled. Ira City function is already scheduled and a fee group
reserves space, there would be no additional charge. This policy would include any fund raising group.
Mur~vn Hall is typicall. v open on Wednesday nights. There is also more clean up required with fund raisers.
Fehst indicated groups can come to the Park and Recreation Commission and request the fee be waived. Jolly
stated this is in response to comntents that we are heavily subsidizing Murzyn Hall. Windschitl indicated this
},,ill affect groups making reservations after April 26. He indicated the request requiring a two week reservation
will allow time to arrange for someone to work the event.
Bruce Nawrocki, 1255 Polk Place, stated his appreciation that the City Council packets are available at the
public library.
Nawrocki spoke against the Group Fee Policy, stating this facility was built by and for the community attd their
events. He also indicated that Murzyn Hall should be open on Monday holidays of which private businesses are
open. He felt employees should be rescheduled to serve the needs of people within the community. Windschill
indicated the Park and Recreation Commission has set the dates of building closure.
Peterson indicated he is the Park atzd Recreation Commission liaison, and this group feels rentals should be
more of a breakeven situation.
City Council Minutes
April 10, 2000
Page 4
MOTION by Hunter, second by Wyckoff, to approve the change in Murzyn Hall policy to
state that all fee-waived groups (including City departments, schools, non-profit, and civic
groups) will be charged a $40 opening fee and $15 per hour for each staff person working their
event. The user will pay for security and pre-mix at the current rate, if needed. This will apply
to any room being used during any time when Murzyn Hall is not already staffed and will
include fundraising events. Additionally, these groups shall be required to make their
reservations at least two weeks prior to their event. These groups shall be limited to using long
tables on the wood floor. This policy shall go into effect on April 26, 2000. All ayes. Motion
carried.
#6 Decision Resources
Fehst indicated this would be a survey in response to the City Councilgoal for better communication with the
community. It would find citizens' attitudes and responses to services they receive from the City. This firm has
done surveys for one-half of the communities and school districts in the metro area. A planning committee
would determine the questions to be asked. A written report and oral presentation would be given to Council.
Fehst wished this could have been done before the vote on the community center. This is not an attempt to
resurface the community center issue, but is a very general survey. The cost is $8,200 and is included in the
budget. It would be good to do such a survey every four or ~ve years as a report card regarding City services.
Joll. v felt this would be helpful in City goal sessions to let Council know if they are headed in the right direction
and being aggressive enough.
Bruce Nawrocki indicated the agenda packet at Library was missing two pages regarding this issue. Staff gave
him a corrected copy. He questioned where the funds would come from. Fehst listed the specific budget area
titles. Nawrocki felt a paper survey would be less expensive and more beneficial.
Karsten McCarthy, 4315 3rd Street, felt this would be spending money on a consultant that citizens don't want.
Wyckoff stated she wants to hear what citizens in our community, who don't speak up very often, have to say
and what they feel about our community.
MOTION by Jolly, second by Szurek, to accept the written survey research proposal as
made by Decision Resoumes, Ltd.; and to authorize the Mayor and City Manager to
enter into an agreement for same. All ayes. Motion carried.
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
B.
C.
D.
Proclamations
Presentations
Introduction of New Employees
Recognition
1. Roger Peterson, 4113 Quincy Street NE
MOTION by Wyckoff, second by Hunter, to appoint Roger Peterson, to a three year
term, ending April 1, 2003 to the Human Services Commission.
Mayor Peterson stated he was proud to introduce Roger Peterson as the newest Human Services Commission
member. Mr. Peterson is a former Columbia Heights Community Service Officer, and is an active citizen in
our community who we are proud to have on this commission.
City Council Minutes
April 10, 2000
Page 5
2. Recognition of Promotions for Sergeant John Rogers and Corporal Ted Fischer
Police Chief Tom Johnson introduced newly promoted Sergeant John Rogers, who has worked for the city since
1986 as an investigator, and was also promoted to Corporal in 1998. Sergeant Rogers was this years recipient
of the Chief's Meritorious Service Award. He indicated Sergeant Rogers has received many grants for the City.
Mayor Peterson awarded Sergeant John Rogers with his new badge.
Sergeant Rogers stated it was a privilege and honor to serve in Cohtmbia Heights. He has seen many programs
grow, including technology, and felt it a wonderful challenge to move up through ranks and be involved in the
decision making process.
Chief Johnson indicated Corporal Ted Fischer will be present at the next meeting to receive his promotion.
6. PUBLIC HEARINGS
A. Public Hearing for Revocation/Suspension of Rental Housing License at 3843 Hayes Street
Dana Alexon, Assistant Fire Chief indicated staff has been contacted by one of the owners of the property, who
did not receive the paperwork due to proceedings between the owners of the property. The owner has paid all
fines due and has asked for 30 days to correct deficiencies in the property. Alexon asked Council to table any
action for 60 days.
MOTION by Szurek, second by Wyckoff to table the adoption of Resolution No. 2000-36, a
Resolution of the City Council of Columbia Heights Approving Revocation Pursuant to
Ordinance Code Section 5A.408(01 ) of the Rental License held by Sally Anderson regarding
rental property at 3843 Hayes Street for 60 days. All ayes. Motion carried.
Second Reading of Ordinance No. 1404, Being an Ordinance Amending sections of the Zoning
Ordinance
Ken Anderson, Communi.ty Development Director, stated this is the second reading of the proposal to amend
the Zoning Ordinance, pertaining to car and fleet sales. This would allow up to~ve vehicles for sale at
financial institutions. The initial request was made by Richard Lange, First Community Credit Union. The
Planning and Zoning Commission authorized staff to proceed with language to amend the zoning text. At the
March 20th work session, Council recommended including an establishment definition. Peterson closed the
hearing.
MOTION by Szurek, second by Jolly, to waive the reading of Ordinance No. 1404, there being
ample copies available for the public. All ayes, Motion carried.
MOTION by Szurek, second by Jolly, to adopt Ordinance No. 1404, being an ordinance
amending sections 9.111(2), 9.112(2), 9.113(2), 9.114(1), 9.115A(2), and 9.116(14) of the
Columbia Heights Zoning Ordinance. All ayes, Motion carried.
City Council Minutes
April 10, 2000
Page 6
ORDINANCE NO. 1404
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS
The City of Columbia Heights does ordain:
Section 1:
Section 9.112(2)(o) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit:
9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that:
D. The lot is surfaced and graded according to a plan submitted by the applicant and as
approved by staff.
E. The "for sale" or "fleet" vehicles cannot eliminate required parking spaces.
F. No more than two (2) cars will be permitted for such use at any time.
G. No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14)
days at any one time.
Shall be repealed and hereafter be amended to read as follows:
9.112(2)(o) Financial institutions shall be allowed to display a maximum of five (5) vehicles for sale
that have been acquired through repossession or other legal means, provided that the
conditions of 9.116(14)(B) can be met. Vehicle sales conducted in this manner shall be
deemed an accessory use to the financial institution and applications shall be processed as a
Conditional Use Permit as identified in Section 9.105(5). For the purposes of this section,
financial institutions shall include a bank, savings bank, savings association, or credit
union.
Section 2:
Section 9.113(2)(k) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit:
9.113 (2)(k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair
businesses which do not sell fuel, provided that the following requirements are met:
1) Parking area for car sales cannot eliminate required parking spaces for primary use.
2) No more than ten (10) vehicles can be displayed for sale at any one time.
3) Traffic flow on lot, lighting, parking lot striping must be approved through the
Conditional Use Permit process before approval for such operation can be granted.
4) Size, type and style of any signage for such vehicle must be within the vehicle at all
times and approved by staff.
5) All required state and local licenses must be obtained.
Shall be repealed and hereafter be amended to read as follows:
9.113(2)(k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair
businesses which do not sell fuel, subject to the conditions of Section 9.116(14)(B) and
provided that no more than ten (10) vehicles will be permitted for such use at any time.
Section 3:
Section 9.114(1)(c) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit:
9.114( 1 )(c) Auto and truck sales, auto repair.
City Council Minutes
April 10, 2000
Page 7
Shall be repealed and hereafter be amended to read as follows:
9.114(1)(c) Auto and truck sales subject to the conditions of Section 9.116(14)(B), and auto repair.
Section 4:
Section 9.115A(2)(b) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit:
9.115A(2)(b) Auto sales, subject to the following conditions:
A. The use of the property for auto sales must be accessory only to auto repair or auto
reduction yards.
B. The permitted and accessory uses must be on a site plan approved by the Planning
and Zoning Commission or by the City Council.
C. An open auto sales lot must comply with the provisions of Section 9.116(14).
D. All autos presented for sale must be parked on an impermeable to oil and water
surface in good repair, such as asphalt or concrete and on parking spaces no smaller
than twenty feet (20') in length by ten feet (10') in width.
E. No more than fifteen (15) cars may be available for sale at any given time.
F. All cars offered for sale must be stored within a securely fenced area.
G. All customer and employee parking must be located on a parking lot with a surface
impermeable to oil and water, such as asphalt or concrete, said surface must be
maintained in a condition of good repair.
Shall be repealed and hereafter be amended to read as follows:
9. I 15A(2)(b) Auto sales, subject to the following conditions:
A. The use of the property for auto sales must be accessory only to auto repair or auto
reduction yards;
B. Vehicle sales shall be subject to the conditions of Section 9.116( 14)(B);
C. No more than fifteen (15) vehicles will be permitted for such use at any time; and,
D. All vehicles offered for sale must be stored within a securely fenced area.
Section 5:
Section 9.116(14) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit:
9.116(14) Open Sale s Lots
Open sales lots in all districts shall be subject to the following standards:
A. The required yard abutting the public fight-of-way shall be Iandscaped and said
landscaping shall be separated from the usable portion of the lot by a curb or fence.
B. All of the lot other than the portion occupied by building or landscape treatment
shall be surfaced to control dust and drainage.
C. Lot shall be constructed according to a grading plan approved by the City Engineer.
D. When such lot is abutting a lot located in the "R" District, a fence of acceptable
design shall be erected along the property line.
E. The outdoor lighting system for a sales lot shall be so designed that no direct source
of light is visible from the public fight-of-way or adjacent land.
F. Should a public address system be installed, the volume of the sound transmitted
shall not be over 50 decibels at 75 cycles per second at the property line.
G. A site plan for the lot showing access aisles, parking, storage, fencing and other
necessary features required to understand the operation shall be filed for approval by
the City.
Shall be repealed and hereafter be amended to read as follows:
9.116(14)A Open Sales Lots
City Council Minutes
April 10, 2000
Page 8
Open sales lots in all districts shall be subject to the following standards:
A. The required yard abutting the public right-of-way shall be landscaped and said
landscaping shall be separated from the usable portion of the lot by a curb or fence.
B. All of the lot other than the portion occupied by building or landscape treatment
shall be surfaced with a material impermeable to oil and water, such as asphalt or
concrete.
C. Lot shall be constructed according to a drainage and grading plan approved by the
City Engineer.
D. When such lot is abutting a lot located in the "R" District, a fence of acceptable
design shall be erected along the property line.
E. The outdoor lighting system for a sales lot shall be so designed that no direct source
of light is visible from the public right-of-way or adjacent land.
F. Should a public address system be installed, the volume of the sound transmitted
shall not be over 50 decibels at 75 cycles per second at the property line.
G. A site plan for the lot showing access aisles, parking, storage, fencing and other
necessary features required to understand the operation shall be filed for approval by
the City.
9.116(14)(B)
Vehicle Sales Lots are subject to the following conditions.
1) The lot is surfaced and graded according to a plan submitted by the applicant and as
approved by staff.
2) A site plan illustrating access aisles, parking locations for for-sale or fleet vehicles,
storage areas, and other applicable features shall be submitted for review and
approval.
3) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces and must
be parked entirely on a privately owned parking lot(s) with a surface impermeable to
oil and water, such as asphalt or concrete.
4) Signage for such vehicle must be securely attached to the vehicle and shall not
extend above the roof of such vehicle. For the purposes of this condition, the vehicle
roof shall be considered the highest factory installed body part, excluding accessory
parts such as roof racks and antennas.
5) There shall be a building located on the lot(s) devoted to the conduct of business for
vehicle sales.
Section 6:
Section 9.111(2) of Ordinance No. 853, City Code of 1977 shall hereafter be amended to read as follows:
9.111 (2)(p) Financial institutions shall be allowed to display a maximum of five (5) vehicles for sale
that have been acquired through repossession or other legal means, provided that the
conditions of9.116(14)(B) can be met. Vehicle sales conducted in this manner shall be
deemed an accessory use to the financial institution and applications shall be processed as a
Conditional Use Permit as identified in Section 9.105(5). For the purposes of this section,
financial institutions shall include a bank, savings bank, savings association, or credit
union.
Section 7:
Section 9.113(2) of Ordinance No. 853, City Code of 1977 shall hereafter be amended to read as follows:
9.113(2)(p) Financial institutions shall be allowed to display a maximum of five (5) vehicles for sale
that have been acquired through repossession or other legal means, provided that the
conditions of9.116(14)(B) can be met. Vehicle sales conducted in this manner shall be
deemed an accessory use to the financial institution and applications shall be processed as a
City Council Minutes
April 10, 2000
Page 9
Conditional Use Permit as identified in Section 9.105(5). For the purposes of this section,
financial institutions shall include a bank, savings bank, savings association, or credit
union.
Section 8:
Section 9.114(2) of Ordinance No. 853, City Code of 1977 shall hereafter be amended to read as follows:
9.114(2)(1) Financial institutions shall be allowed to display a maximum of five (5) vehicles for sale
that have been acquired through repossession or other legal means, provided that the
conditions of9.116(14)(B) can be met. Vehicle sales conducted in this manner shall be
deemed an accessory use to the financial institution and applications shall be processed as a
Conditional Use Permit as identified in Section 9.105(5). For the purposes of this section,
financial institutions shall include a bank, savings bank, savings association, or credit
union:
Section 9:
This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.
Offered by: Szurek
Seconded by: Jolly
Roll Call: All ayes
First Reading:
Second Reading:
Date of Passage:
March 27, 2000
April 10, 2000
April 10, 2000
Gary L. Peterson, Mayor
Patncia Muscovitz, Deputy City Clerk
7. ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
1) Change in Use Moratorium
Anderson stated that on February 74th, the City Council imposed a 120 day moratorium for any change
in use within the four business districts in the Ci.ty, by resdution. Since that time Council and staff have
received a request for an exception to the moratorium so they may go forward toward occupation of the
building that was donated to them. Options for Council consideration: 1. Motion to terminate the
moratorium; 2. Grant special release from the moratorium for Families Moving Forward,' and adopting
emergency Ordinance No. 1412 allowing Families Moving Forward to proceed with their application
for consideration by the Planning and Zoning Commission for a conditional use permit, while
continuing the moratorium on all other properties;
3. Adopt emergency Ordinance No. 1413, to continue the moratorium: 4. Direct the City Attorne. v to
proceed with an eminent domain to acquire the property at 4101 Central Avenue for the purpose of
redevelopment of the downtown area. Anderson reminded members that passage of an Ordinance
requires a 4/51h vote by Council.
Harold Hoium, 4321 5'h Street, felt the proposed use of this building was inappropriate as it is located
City Council Minutes
April 10, 2000
Page 10
on a highway and right next to a bus terminal, which is not a safe area for children. He questioned if the
group would have the finances to maintain this building, and warned the City may have to help support
them when they fall behind He mentioned the churches listed did not include any local churches. He
questioned who the donor was. He spoke of the dangers in this area, and felt it would need to be fenced.
He stated the Ci.ty already spent a lot of money on a Comprehensive Plan and residents want something
done to improve this ci.ty.
Tish Alexander, associated with a Families Moving Forward fund raising group, stated they are
committed to raising thousands of dollars to support this group. She felt this would be a very safe area,
and during the day the older children are in school. There is usually only a 30 to 40 day turn over for a
family. There are 40 churches in the area helping this group.
Bmtce Nawrocki indicated that relative to the proposed use, he would reluctantly speak against this use.
He understands the need for these services, but felt this is not the area for it. He feels the moratorium is
long over due, as our business district is attracting business like check cashing stores or pole barn type
buildings. He thinks it is important to follow the Comprehensive Plan process and the planning for the
Central Avenue business district. He asked Council to "stay the course ".
Dennis Farrell, President of Families Moving Forward Board stated the building at 4101 Central was
donated to them and included a clause that stated they must use the building for two years or deed it to
another non-
profit organization. He stated they have been looking for a location since last fall; they did not look in
Coh~mbia Heights for a building, but looked in many different communities. The group started fund
raising last fall with sources from General Mills, Pillsbury, Medtronic, and 40 churches which help with
volunteer work. The group has been in existence for nine years, and its operation wouM cost the city
nothing. He stated this building was vacant for three years, and they will refurbish the outside. Their
clients are fitll families from all over the metro area. Their guests arrive by agency bus at 8.00 a.m. and
leave by bus at 5:30p. m. TheJkont door is locked and guests would enter through the back door. Their
present location is on Broadway.
Mayor Peterson questioned Mr. Farrell's statement in the Focus newspaper stating "the city hasn't
changed a bit in 40years ". Peterson stated he is proud of this community, and feels a lot has been
accomplisheeL He felt it was a negative statement. There is street scape work being completed in 2001,
work continues on a big development on 41't Avenue, a new office building approved on Central, and a
hazardous building was torn down on Central. Mr. FarreH apologized. Hunter addressed the
statement that the City let the building stand empty for three years. He stated he has been trying for
over two years to help get someone into that building, and he was told that the building owner instructed
his realtor not to sell lease, or rent this building. Hunter suggested two years ago to move the Police
Department or Library into that building. He stated it was mis-information that the moratorium was set
aimed at Families Moving Forward. He stated that if there was another building in the communi.ty, the
Council would do whatever possible to help them. Hunter stated this is not the proper location. Hunter
indicated he had approached the building official to begin condemnation. Mr. Farrell stated they have
been asked to terminate usage of their present building.
Peterson sympathized that Families Moving Forward was losing their space, but stated this was beyond
the City's control. Carol Merriweather. Director for Families Moving Forward, stated she has enjoyed
City Council Minutes
April 10, 2000
Page 11
dealing with the council. She indicated two of the people who work for her live in Columbia Heights,
and one of those was formerly homeless. Hunter indicated many letters were received and he thanked
everyone for sending them. Hunter stated this was a tough decision for everyone on the Council.
Rev. Richard Buller, volunteer, stated Councilmembers need to know this is not just a local program,
but a national program. He indicated there are 40 congregations who will bring money, time, and talent
to this community.
Nawrocki agreed with the Mayor, that there have been very positive changes in Columbia Heights. and
that this City has been positive to social programs. He stated that at one point we had the highest
percentage of Section 8 homes respective to our population, and there have been several Habitat for
Humanity homes built. This community has done its share to meet social problems.
Dan Kelly,, member of the Families Moving Forward Board, reminded everyone of the timing issue.
Families Moving Forward has been given the building and plan to move in. If the moratorium remains
they will be inconvenienced and people will be out on the street. bt response, Peterson indicated the
Council is looking at a possible eminent domain, which would make the date to be in the building
irrelevant. He indicated that this is the hardest decision he has had to make, and his decision will be
based on "what is best for Columbia Heights ".
Jolly indicated he is in favor of lifting the moratorium. This group received a gift, and he could not vote
to keep this group out to fulfill a Comprehensive Plan. He stated that voting to lift the moratorium
"seems like the thing to do ".
Peterson asked Anderson, Community Development Director, for his professional point of view on the
different scenarios. Anderson stated he felt the Council had a very difficult decision and Anew it
weighed heavily on them. He was aware that the Mayor did not want the moratorium, in the~rst place,
but from a community development point of view, it is important to consider the long term plan of the
city. Cities who have such a plan are successful. Anderson stressed the need to continue working with
the EDA, citizen's committees, and groups like the Design Team. The upgrading of Central Avetrue is a
goal that will establish a business district that will be long-lived and successful. The conclusion of the
Comprehensive Plan will be established the last week in April. The area from 37th to 43rd on Central
Avenue, and from Central Avenue to City Hall on 40th Avenue were determined necessary for
improvements to create a vibrant and critical use area. TIre Zoning Ordinance will be completed by
July. The direction of these efforts is to acquire property, considering the mix of residential and
commercial uses, and improving pedestrian uses and transportation, like the transit hub. The plans have
not been adopted as yet, but it is important to continue toward this goal.
Motion by Wyckoff, second by Szurek, to waive the reading of Emergency Ordinance
No. 1413, there being ample copies available to the public. All ayes. Motion carried.
Motion by Wyckoff, second by Szurek, to adopt Emergency Ordinance No. 1413, an
Emergency Ordinance imposing a moratorium on the change in use of property within
the business districts in the City of Columbia Heights. Upon roll call vote: Szurek, yes;
Jolly, no; Wyckoff, yes; Hunter, yes; Peterson, yes. Motion carried.
City Council Minutes
April 10, 2000
Page 12
EMERGENCY ORDINANCE NO. 1413
BEING AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977
The City of Columbia Heights does ordain:
Section 1: On August 12, 1974, the City of Columbia Heights adopted Ordinance 818 which is an ordinance
relating to and establishing a zoning plan and revised zoning map for the City of Columbia Heights; and,
Section 2: Ordinance 818 and subsequent amendments is officially known as the Columbia Heights Zoning
Code; and,
Section 3: The Columbia Heights Zoning Code divides the City into four residential districts, four business
districts, and two industrial districts; and,
Section 4: The four business districts are further classified in the Columbia Heights Zoning Code as the LB
Limited Business District, the CBD Central Business District, the RB Retail Business District, and the GB
General Business District; and,
Section 5: The City Council determines it is necessary to complete the Comprehensive Plan update, the Master
Redevelopment Plan for Downtown Columbia Heights, and the rewrite of the Columbia Heights Zoning Code
before permitting a change in use of any property located in the business districts within the City; and,
Section 6: For the purpose of this ordinance, change in use shall be interpreted to mean any occupant change
from the time of adoption of this Emergency Ordinance which includes, but is not limited to, activities such as a
change in tenant, redevelopment of property, or new development.
Section 7: In an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council
hereby imposes a moratorium on the change in use of property within the business districts in the City of
Columbia Heights, effective immediately and terminating on June 13, 2000, and recognizing said time period
may be shortened or extended by adoption of an Emergency Ordinance by the City Council.
Section 8: Activities affected by this moratorium include anything in the business districts requiring action by
the Planning and Zoning Commission, building permits for work involving structural changes, and change in
tenant or owner-occupant of a property. This does not include building permits for maintenance issues such as
roofs and/or siding. Also, formal applications submitted for Planning and Zoning Commission action prior to the
date of adoption of this resolution will not be impacted by the moratorium.
Section 9: This Ordinance shall be in full force and effect from and after the date of its passage.
Offered by:
Secondedby:
RollCall:
Wyckoff
Szurek
Aye - Wyckoff, Szurek, Hunter, Peterson
Nay- Jolly
First Reading:
Date of Passage:
April 10, 2000
April 10, 2000
Mayor Gary L. Peterson
City CouncilMinutes
Apnll0,2000
Page 13
Patricia Muscovitz, Deputy City Clerk
Motion by Wyckoff, second by Hunter, to direct the City Attorney to initiate the
necessary process to utilize the power of an eminent domain to acquire the property at
4101 Central Avenue NE. Upon voice vote, 4 ayes, I nay. Motion carried.
Peterson stated the Council has put in a lot of effort to work for the good of the community. He
indicated that if there is any building available in the city, we wouM work with Families Moving
Forward to establish them in our community.
Addition to the agenda
7A2 - Resolution to remove a special assessment from the 2000 tax roll.
Fehst indicated the garage was abated, and the resident had not signed the authorization to raze the
hazardous building. The resident is now requesting the City to remove the special assessment from the
2000 tax roll and asked for the cost to be assessed over a five year period. Fehst felt this was the most
reasonable solution.
Motion by Hunter, second by Wyckoff, to adopt Resolution No. 2000-37, being a
resolution to remove a certified special assessment certified to Anoka County for the
taxes payable 2000 against 3900 Central Avenue, PIN 35 30 24 44 0006 and to assess
the $2,718.22 over five years at eight percent interest. All ayes. Motion carried.
Wyckoff asked for the correct resolution number. Staff indicated the Resolution was #2000-37.
RESOLUTION NO. 2000-37
BEING A RESOLUTION REMOVING AN AMOUNT CERTIFIED TO THE
TAXES PAYABLE 2000 AS A DELINQUENT ASSESSMENT
WHEREAS, the property known and described as:
Lot 20, Block 62, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. PIN 35
30 24 44 0006, 3900 Central Avenue N.E.
was assessed for removal of a garage and related costs, in the amount of $2,719.22, under local
improvement No. 1006 and was certified to Anoka County Fund #82958 by Resolution 99-88,
AND WHEREAS, the owner of the property cannot pay such a large amount with the real estate taxes
in one year; and,
BE IT THEREFORE RESOLVED, by the City Council of the City of Columbia Heights, that the City
Clerk is hereby authorized to remove from the 1999 Certification list the entire amount of $2,719.22
from Anoka County Fund #82958 for PIN 35 30 24 44 0006,
BE IT ALSO RESOLVED, by the City Council of the City of Columbia Heights, that the City Clerk is
hereby directed to place the $2,719.22 back on the assessment roll in PIR 1034 and to spread the amount
City Council Minutes
April 10, 2000
Page 14
over five (5) years at 8% interest annually on the unpaid amount. The first installment will be due
September 15, 2000 with 8% interest on the $2,719.22 included.
Passed this 10th day of April, 2000.
Offered by: Hunter
Seconded by: Wyckoff
Roll Call: All ayes
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
B. Bid Considerations
C. Other Business
ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1)
2)
3)
4)
Meeting of the March 8, 2000, Columbia Heights Human Services Commission.
Meeting of the March 22, 2000, Columbia Heights Park and Recreation
Commission.
Meeting of the March 16, 2000, Columbia Heights Telecommunications
Commission.
Meeting of the April 3, 2000, Columbia Heights Traffic Commission.
10.
CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular
agenda. The citizen is requested to limit their comments to five minutes. Please note, the public
may address the Council regarding specific agenda items at the time the item is being discussed.)
,Jean LaPlant, 4241 4'h Street, stated there is a Habitat home planned next to them that is trying to take
their land SIze stated that years ago there was an agreement filed with Anoka County regarding several
inches between their lots. She went to Anoka County and they stated the itformation may be in the
archives. She asked the City for help to ~nd the lost records showing four inches were sold to them.
Fehst indicated Ms. LaPlant has spoken to Jane Gleason, Special Assessment Clerk, who indicated the
City has no record of this information. Fehst and several Council Members have viewed the property
and agree there is a property dispute. He asked who the fence belonged to. LaPlant indicated it
belongs to a neighbor. Fehst indicated this is possibly a civil matter. Hoe~ stated that if this is a
boundary dispute, the City will not get involved. He suggested it is difficult for the City to research such
City Council Minutes
April 10, 2000
Page 15
records, and suggested she hire an attorney. Mel Collova, Building Official felt this would not be a
problem for placement of the habitat house, as the house is very narrow.
Ryan Carras, Habitat for Humanity stated the lot was purchased last falL with assistance of a realtor.
They have title insurance which examined the property, and they have a professional survey which
indicates that it is a 40foot wide lot with sufficient setbacks. He statedHabitat for Humanity is willing
to work with Ms. LaPlant to see if there is a difference in records. Fehst indicated no action can be
taken tonight. He will speak to Ms. Gleason further. This does not seem to be a problem for placement
of the Habitat house.
Mark Wagner, 5050 6th Street NE, stated he is irritated with recreational fire permits being issued Last
week a permit was given to a neighbor. He stated permits are to be for one day and the neighbor burned
for two da. vs. He suggested there should be another way to call for help than 911. Jolly asked if he has
talked to the fire chief He responded he has not, but has called the authorities twice, and when they
arrive he had the fire under control.
Peterson indicated permits are only for recreational fire and not allowed afier l l :OO p. m. Johnson
indicated the Police are the first to respond and report to the Fire Department. Discussion included use
of the 911 system. Johnson indicated that is Anoka County's fastest response and he is encouraged to
use it. Fehst indicated the 911 system is not over burdened Mr. Wagner was advised to speak to the
Fire Chief. Fehst stated residents need to call 911 if they see there is a problem.
Harold Hoium congratulated the Council for keeping children safe by their decision regarding the
moratorium.
11. ADJOURNMENT
Motion by Szurek, second by Wyckoff, to adjoum the meeting at 9:20 p.m.
Patricia Muscovitz, Deputy City Clerk
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: April 24, 2000
AGENDA SECTION:
NO:
ITEM:
NO:
Consent
Establishing Work Session
meeting dates for May, 2000
ORIGINATING DEPARTMENT:
CITY MANAGER'S
BY: W. Fehst
DATE: April 17, 2000
CITY MANAGER'S
APPROVAL
Work Sessions for May 2000.
It is recommended that Work Sessions, in May, be scheduled for:
1. Monday, May 1, 2000 at 8:00 p.m.
2. Monday, May l5, 2000 at 7:00 p.m..
RECOMMENDED MOTION:
Move to establish Work Session meeting dates for Monday, May 1, 2000 at 8:00 p.m., and Monday,
May 15, 2000, at 7:00 p.m.
COUNCIL ACTION:
h:\2000 4 24worksessiondates
CITY COUNCIL LETTER
Meeting of: April 24, 2000
AGENDA SECTION:
NO:
CONSENT
ITEM:
NO:
REVISION TO SALARY RANGE FOR PLANNER
ORIGINATING DEPARTMENT: CITY MANAGER ' S
The position of Planner will soon become vacant due to the recent resignation of the
incumbent. The job description was reviewed and revised, and the position was evaluated based
on the Hay job evaluation system. Based on this evaluation, our compensation plan, internal
equity, and in an effort to strive for external comparability, staff recommends a revision to
the 2000 monthly salary range for the position of Planner as follows:
ENTRY 6 MONTHS 1 YEAR 2 YEARS 3 YEARS
CURRENT 2000 $2,504 $2,590 $2,675 $2,761 $2,846
PROPOSED 2000 $3,049 $3,153 $3,257 $3,361 $3,465
Such revision to be effective May 15, 2000.
RECOMMENDED MOTION: Move to approve the revised 2000 monthly salary range for the position of
Planner, effective May 15, 2000, as follows:
ENTRY
$3,049
6 MONTHS
$3,153
1 YEAR
$3,257
2 YEARS
$3,361
3 YEARS
$3,465
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of April24, 2000
AGENDA SECTION: Consent
NO.
ITEM: Request to Assist from Columbia Heights
NO. High School
ORIGINATING DEPARTMENT
POLICE
BY: Thomas M. JohnsoL~
DATE: April 5, 2000
CITY MANAGER
DALFE:
BACKGROUND:
On March 31, 2000, Ms. Amber Meyers of the Columbia Heights High School's Student Council met
~vith Fire Chief Charlie Thompson and me . Ms. Meyers advised us that the Student Council was
planning a re-enactment of a fataI car accident as a part of an anti-drink and drive program for all of the
juniors and seniors at Columbia Heights High School. This would be the finale of a week-long set of
activities at the High School during Drinking Awareness Week, which is May l-5, 2000. This is also
right before thejunior/senior prom and graduation, so the timing is excellent. In conjunction with this
staged event, Ms. Meyers asked if we could have police officers and fire fighters respond to this staged
scene at 49th and Fillmore and do the same functions and activities they would perform were this an
actual drank driving related fatal accident with multiple injuries to other parties.
ANALYSIS/CONCLUSION:
Both Chief Thompson and I feel this would be excellent training for our officers and firefighters and
would be a real eye opener for each of the students in attendance. The Student Council is arranging both
newspaper and television media coverage of the event.
RECOMMENDATION: Approve the Police and Fire Department assist to the High School with a
staged re-enactment of a fatal car accident involving an intoxicated driver and multiple injuries to other
passengers on May 5, 2000, between the hours of 8:00 a.m. and 11:00 a.m. This re-enactment is to be
located at 49th Avenue and Fillmore Street N.E., which would require blocking this street from 8:00 a.m.
to I 1:00 a.m. between 49th Avenue and Lincoln Street on Fillmore.
TMJ:mld
00-106
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 4/24/2000
AGENDA SECTION: CONSENT AGENDA
NO:
ITEM: PERMITS FOR 2000 JAMBOREE
ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
DATE:
The Jamboree will be held June 21-251h this year. The carnival, operated by Family Fun Shows Inc. usually arrives a day or two
before opening which would require closing off Jefferson St. on Monday afternoon, June 19th. Staff is requesting permission to
close Jefferson Street from the alleyway on the north end of Huset Park to the railroad tracks north of 39th Avenue providing
appropriate arrangements are made with various City departments including the application and payment of necessary licenses and
permits and that appropriate deposits are submitted.
The annual Jamboree Parade will be held on Friday, June 23, 2000, beginning at 6:30 P.M. The parade route is the same as
previous years. Staff is recommending that the City Council authorize the Police Department to issue a parade permit for the
Jamboree Parade.
RECOMMENDED MOTION: Move to authorize staff to close Jefferson Street from Monday afternoon, June 19, 2000, through
Sunday, June 25, 2000.
RECOMMENDED MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be
held on Friday, June 23, 2000, at 6:30 P.M. for the following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th
Avenue to 5th Street, and 5th Street to Mill Street.
KH~b
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 4/24/00
AGENDA SECTION: CONSENT AGENDA
NO: t~ ./q
ITEM: AWARD OF 2000 STREET CRACK SEALING
AND PARKING LOT JOINT AND CRACK SEALING
ORIGINATING DEPARTMENT:
PUBLIC WORKS
CITY MANAGER
~AT~:
Background:
On April 10, 2000, City Council authorized staff to seek bids for crack sealing. Plans and specifications for crack sealing were
advertised for bids in the Focus on April 13, 2000 and in the Construction Bulletin on April 7 and 14, 2000. Six contractors
requested copies of the bidding documents. Bids were received and publically read aloud at the April 20, 2000 bid opening. A
copy of the Bid Opening Minutes is attached.
Analysis/Conclusions:
The low base bid was submitted by Northwest Asphalt Maintenance, Inc. of Goodridge, Minnesota, in the amount of $19.404.00.
Crack sealing costs are consistent with the costs presented at the Public Hearing.
Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public.
Recommended Motion: Move to approve and adopt Resolution No. 2000-38 accepting bids and award the 2000 Street Crack
Sealing and Parking Lot Joint and Crack Sealing, Project #0001(A), to Northwest Asphalt Maintenance, Inc. of Goodridge,
Minnesota, based upon their low, qualified, responsible bid in the amount of $19,404.00 to be appropriated from Fund 415-50001-
5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same.
KH:jb
Attachment:
Bid Opening Minutes
Resolution
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
Minutes of Bid Opening on Thursday, April 20, 2000 at 10:00 a.m.
City Project No. 0001(A)
2000 Street Crack Sealing and Parking Lot Joint and Crack Sealing
Pursuant to an advertisement for bids for City Project No. 0001(A), an administrative meeting
was held on April 20, 2000 at 10:00 a.m. for the purpose of bid opening. Bids were opened and
read aloud.
Attending the meeting were:
Kathy Young, Assistant City Engineer
Joanne Baker, Public Works Secretary
Bids were opened and read aloud as follows:
Northwest Asphalt Maintenance, Inc.
Astech Corp.
Daffinson Asphalt Maintenance
Bergman Companies Inc.
Bargen, Inc.
$19,404
$20,790
$21,483
$21,945
$25,872
Respectfully submitted,
J anne Baker
Public Works Secretary
RESOLUTION NO. 2000-38
RESOLUTION ACCEPTING BID AND AWARDiNG CONTRACT FOR
CRACK SEALiNG PROJECT, #0001(A)
TO NORTHWEST ASPHALT MAINTENANCE, iNC.
WHEREAS, pursuant to an advertisement for bids for 2000 Crack Sealing Project #000 1 (A) bids
were received, opened and tabulated according to law. The following bids were received
complying with the advertisement:
Bidder Base Bid
Northwest Asphalt Maintenance Inc. $19,404
Astech Corp. $20,790
Daffinson Asphalt Maintenance $21,483
Bergman Companies Inc. $21,945
Bargen, Inc. $25,872
WHEREAS, it appears that Northwest Asphalt Maintenance, Inc. of Goodridge, Minnesota, is
the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA:
The Mayor and Clerk are hereby authorized and directed to enter into a contract with
Northwest Asphalt Maintenance, Inc. in the name of the City of Columbia Heights for
2000 Crack Sealing Project #0001 (A), according to plans and specifications therefore
approved by the Council.
The City Engineer is hereby authorized and directed to return, forthwith, to all bidders,
the deposits made with their bids except the deposit of the successful bidder and the next
lower bidder shall be retained until the contract has been signed.
3. City Project #0001(A) shall be funded with approximately 100% City funds.
Dated this 24th day of April, 2000.
Offered by:
Seconded by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
By:
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of: 4/24/00
AGENDA SECTION: CONSENT AGENDA
NO: Li -/~-']
ITEM: AUTHORIZATION TO SEEK BIDS FOR
CHASSIS MOUNTED POTHOLE PATCHER
ORIGINATING DEPARTMENT:
PUBLIC WORKS
BY: K. ";;::0~'
DATE:
CITY MANAGER
Background:
Unit # 35A, Thermolay Pothole Patcher, was purchased in 1987, for $33,967. It is mounted on Unit #35, 1994, Ford F/700
chassis. The pothole patcher was purchased to improve the effectiveness and quality ofpothole and small utility cut repairs. It is
used throughout the year to keep asphalt mix hot and ready for use.
Unit #35A has given the city 13 years of satisfactory service with minimal repairs. The auger, bearings, and the heating unit have
been replaced once. The tarp has been replaced three times. The total repair cost has been less than $4,000. The Thermolay
Company is out of business and repair parts are now difficult, if not impossible to fmd.
The 2000 Public Works budget has $45,000 designated from the equipment replacement fund #431-43121 to replace Unit #35A.
Analysis/Conclusions:
Staff has been pleased with the performance of Unit #35A and recommends replacing it with a similar unit. An important
change is that a new pothole patcher will be equipped to use emulsion tack oil, which is more environmentally friendly than the
MC 250 tack oil that is currently used.
The new pothole patcher will be mounted on the existing #35, 1994, Ford/700 chassis. Unit #35A will be disposed of at the
Heunepin County equipment auction.
Recommended Motion: Movetoauthorizestafftoseekbidsforone(1) new Chassis Mounted Pothole Patcher.
KH:jb
COUNCIL ACTION:
PRO-PATCH
POTHOLE PATCHER
... year-round economical solution to asphalt street problems
Units available in: 4.25 cubic yards, 5 cubic yards or 6 cubic yards, Asphalt hopper
plus truck chassis or trailer mounted versions.
H.D. INDUSTRIES, INC.
Pro-Patch Pot Hole Patcher
P.O. BOX 8250, JACKSONVILLE, TEXAS 75766
(903) 586-6126 · FAX (903) 586-0904 - 1-800-256-6126
CITY COUNCIL LETTER
Meeting of: 4/24/00
AGENDA SECTION: CONSENT AGENDA
NO: L~ .p~ _G0
ITEM: AUTHORIZATION TO SEEK BIDS FOR DUMP
TRUCK, PLOW AND SPINNER SANDER
ORIGINATING DEPARTMENT:
PUBLIC WORKS
CITY MANAGE
ATE: ~lt
Background:
Unit #24, a GMC dump truck, was purchased in 1985, for $28,000. The Henke one way plow and the Swenson drop type sander
were purchased separately. Unit #24 is a 27,000 GVW class single axle dump truck with a gasoline engine and standard
transmission. Mechanically, unit #24 is in poor condition. In spite of relatively low milage (62,419), it has had numerous major
mechanical problems. The carburetor has been replaced once, the clutch was replaced three times, the electrical harness was
replaced once, and the engine camshaft and head gasket now are in need of replacement. Unit #24 has always been short of
power when working under full load conditions. The body is in fair to poor condition; body rust is present, particularly around the
fenders; the floor board on the drivers side is deteriorated; and the drivers door needs to be replaced. Fifteen years is the expected
life cycle for this type of vehicle in the City's Capital Equipment Replacement Plan.
The 2000 Public Works budget has designated $100,000 from Capital Equipment Replacement Fund #431-43121 to replace Unit
#24 dump truck, snow plow and sander.
Analysis/Conclusions:
The demand for timely snow removal from city streets in a safe manner has increased dramatically over the last ten years. The
increased volume of traffic and the speed at which it travels has made it necessary for public works to have dependable equipment
to provide acceptable levels of service. It is important for the city to invest in that equipment that makes full use of the technology
that is available today to provide prompt service in a safe and efficient manner.
Staff recommends the purchase of one new 33,000 GVW class dump truck with a diesel engine and automatic transmission.
The new thick would be equipped with a reversible front plow, wing plow, underbody plow, and spinner sander, which is
typical of the setup of the other three single axle units in the Public Works operations. Unit #24, GMC dump truck, plow and
sander will be disposed of at the Hennepin County vehicle auction.
The State of Minnesota Cooperative Purchasing Program still has 1999 pricing effective for orders placed until
Mayl7, 2000.
Recommended Motion: Move to authorize staff to seek bids for a dump truck, plow and spinner sander.
K~b
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 4/24/00
AGENDA SECTION: CONSENT AGENDA
NO: q- A' ~
ITEM: APPROVE SUPPLEMENTAL AGREEMENT #1
WITH Mn/DOT & ADDENDUM #3 TO PROFESSIONAL
SERVICES AGREEMENT WITH BRW: CITY PROJECT
#95-05, CENTRAL AVENUE SIGNAL REVISIONS
ORIGINATING DEPARTMENT:
PUBLIC WORKS
CITY MANAGER
Background:
The City Council awarded the Central Avenue Traffic Signal Revisions to Egan-McKay at their August 10, 1998 meeting. The
work included the installation of Red LED indicators, Emergency Vehicle Pre-emption systems, backlit street signs and controller
modifications. The project is a cooperative project with MnDOT. All work has been completed by the contractor, including punch
list items in 1999.
Analysis/Conclusions:
1. After bids were received and throughout the construction process, MnDOT requested additions to the project expanding
the scope of work. A description of each addition is detailed on the attached letter from the project engineer, BRW. In
addition, MnDOT supplies the controller cabinets for the signal operation. This is a cost outside the scope of the
contractor's contract, and is part of the project Cooperative Agreement with the City. The total cost for the MnDOT
requested work is $59,619.40 and the City's share for the controller cabinets (manufacture cost) is $42,975.75 for a total
addition to the project of $102,595.15. MnDOT and City State-Aid funds will provide the additional funding.
BRW has performed additional services outside the original scope of work and, therefore, has incurred additional costs.
The additional work was either requested by MnDOT or City staff. The request has been reviewed by staff and the total
engineering cost for phases I & II of the Signal revisions represents 11 percent of the construction cost, which is
reasonable. A copy of a letter from BRW summarizing the additional work is attached.
Recommended Motion: Move to approve Supplemental Agreement #1 to the Cooperative Agreement CP 9505 in the amount of
$59,619.40 to Egan-McKay Electrical and $42,975.75 to the State of Minnesota Department of Transportation with funding
appropriated from MnDOT and City State-Aid Funds.
Recommended Motion: Move to approve Addendum #3 to BRW in the amount of $18,000.00 for Professional Services for the
Central Avenue Traffic Signal Revisions, City Project 1995-05, phases I & II.
KHdb
A~achrnents
COUNCIL ACTION:
~ A DAMES & MOORE GROUP COMPANy
December 6, 1999
Thresher S~uare
700 Third Street South
Minneapolis, Minnesota 554[5
612 370 1378 Fax
Mr. Kevin Hansen, PE
City Engineer / Public Works Director
City of Columbia Heights Public Works
637 38th Avenue NE
Columbia Heights, MN 55421
TH 65 (Central Avenue) Signal Revisions
City Project No. 9505 (Phase 2)
SP 0207-69
Contractor Request for Supplemental Agreement No. 1
Dear Mr. Hansen:
Egan-McKay, the contractor for the TH 65 Signal Revision project, has requested an addition to
the contract for extra work performed to date. Provided in the paragraphs below is a description
of the work and the additional cost associated with completing the work.
Request No. 1
These changes were requested by Mn/DOT during the final plan review (which occurred after
the bid opening) and during the early stages of the project.. These changes include the following:
· Install additional conduit at 50th, 47th, and 41st to accommodate the additional wires for the
Emergency Vehicle preemption system.
· Change wire used for internally lit signs from #10 to 3/c #12 ($765 per intersection)
· Install six (6) total additonal loop detectors at 49th and 40th ($714 per loop)
· Remove mast arm pole concrete foundations
· Installing new wire to new mast arm poles
Upon review of Egan-McKay's letter of October 28, 1998, BRW had questions regarding the
locations where new wire was installed, and the number of concrete foundations to be removed.
During construction, it was determined that some of the foundations could be chipped down and
covered.
Mr. Kevin Hansen
December 6, 1999
Page 2 of 4
The work has been completed. Based on the work actually performed in the field, Egan-McKay
revised their original estimate and provided additional backup information. The price to
conduct the work is $39,423.00. BRW is in agreement with the revised price and recommends
payment for this work.
Request No. 2 : ~
The City requested that the Contractor provide a price for installing Black Vinyl Chain Link
Fence. The original contract called for the replacement of the fence in the median of Central
Avenue near 49th Avenue NE with standard chain link fence.
Based on Egan-McKay's letter of November 4, 1998, the price for Black Vinyl chain link fence
is $24.43 per foot, resulting in an increase of $11,452.80.
The old fence has been removed. The City has decided to not replace the fence at this time, so
no additional cost will be accrued by the contractor.
Request No. 3
During construction, Mn/DOT requested that the back loop detectors on the west approach of the
TH 65 / 40lh Avenue intersection be repaired. In order to make the loops operational, it was
necessary to repair the existing conduit and replace the cable from the loops to the controller
cabinet.
Based on Egan-McKay's letter of November 4, 1998, the price to conduct this work was
$1,610.00.
This work has been completed.
Request No. 4
During construction, Mn/DOT requested that terminal blocks should be installed in all of the
existing transformer bases.
Based on Egan-McKay's letter of November 4, 1998, the price to conduct this work totaled
$6,050.00. BRW requested a breakdown of this lump sum by each transformer base. The price
by base was quoted at $163.50. There a total of 37 bases on the project. However, 13 of them
are new bases which include new terminal blocks. The work has been completed.
BRW is in agreement with the unit price, and recommends payment of $3924.00 for the
installation of terminal blocks in 24 existing bases.
Mr. Kevin Hansen
December 6, 1999
Page 3 of 4
Request No. 5
During construction, Mn/DOT requested that Egan-Mckay install the Department furnished
traffic signal cabinets. New cabinets are necessary to operate the emergency vehicle preemption
system.
Based on Egan-McKay's letter of December 7, 1998, the cost to install the cabinets is $1,750.00
each, for a total of $8,750.00.
This work has been completed.
Request No. 6
During construction, Mn/DOT requested that Egan-McKay replace two inoperative loop
detectors at the intersection of TH 65 at 40th Avenue. Additional permanent striping was also
required at this intersection.
During construction, it was determined by the east approach of 49th Avenue be restriped to
include a right turn lane. The new lane alignment required four additional loops.
Based on an estimate provided by Egan-McKay, the cost to complete this work is $5912.40.
This work has been completed.
The City had also requested a quote for additional work related to the internally lit signs. Based
on further conversations with City staff, this work will be pursued under a different contract.
Mn/DOT Supplied Work and Materials
In order to make the emergency vehicle preemption equipment operable on the TH 65 corridor, it
was necessary to replace five of the existing cabinets. Mn/DOT provided the materials, and
Egan~McKay installed the equipment as described under Request No. 5.
Although this work does not result in an increase to Egan-McKay's contract, it does increase the
Project Total. The cost to provide the controller cabinets was an agency cost of $94,345.84.
Based on conversations with Mn/DOT, these costs would be shared by the split being used for
the rest of the project.
See the attached Tables I and 2 for supporting information.
Mr. Kevin Hansen
December 6, 1999
Page 4 of 4
Conclusions
BRW has reviewed the prices provided by Egan-Mckay to conduct the work described under
Requests Nos. 1, 2, 3, 4, 5, and 6.
Based on the additional information provided-by Egan-Mckay for Requests Nos. 1 and 4, and the
decision by the City to not pursue fencing at this time, BRW recommends the following action:
Request No. 1 (revised) $39,423.00 Approve
Request No. 2 Work not being pursued Decline
Request No. 3 $ 1,610.00 Approve
Request No. 4 (revised) $ 3,924.00 Approve
Request No. 5 $ 8,750.00 Approve
Request No. 6 $ 5,912.40 Approve
RECOMMENDED TOTAL $59,619.40
If you have any questions or comments regarding this request for a Supplemental Agreement,
please call me at 373-6359.
Sincerely,
BRW, Inc
Robert J. Green, PE
Project Manager
File 33910 001 4001
Cc: Tony Juettner, Egan-McKay
Mike Gerbensky, Mn/DOT
Kevin Hoglund, Mn/DOT
BRW
DAMES & MOORE GROUP COMPANy
December 6, 1999
Thresher Square
7U0 Third Street South
Minneapolis, Nlinnesota 55415
612 370 070{i Tel
612 37~1 1378 Fax
Mr. Kevin Hansen
City Engineer / Public Works Director
City of Columbia Heights
637 38th Avenue NE
Columbia Heights MN 55421
SUBJECT:
City Project 9505 (Phase 2)
Central Avenue (TH 65) Signal Revisions
Request for Contract Amendment No. 3
Dear Mr. Hansen:
The C~ntral Avenue traffic signal revision project is nearing completion. The contractor is
substantially complete and has completed the last of the punch list items. Due to the number of
additions to the project requested by both the City and Mn/DOT the size of the project has grown
to a construction cost of approximately $596,000.00. The requested additions to the contract are
documented in the "Contractor Request for Supplemental Agreement No. 1 ", December 6, 1999.
This extra work resulted in an increased design and construction administration effort. In
addition, the City had requested the design and installation of intemally lit signs as part of the
Central Avenue project, which was not included in the original contract or either amendment.
BRW's current contract total of $70,746.72 includes the original contract, Amendment No. 1,
and Amendment No. 2. The original contract included the installation of emergency vehicle
preemption equipment at all intersections in the city. Amendment No. 1 added the new traffic
signal at 39th / Stinson and improvements at Central / 40th and Central ! 49Ih. Amendment No. 2
divided the project into two phases. The first phase included all of the work except for
intersections along Central Avenue. The second phase involved the intersections on TH 65
(Central Avenue) and included Mn/DOT requested improvements to the TH 65 intersections as
part of a cooperative agreements project.
BRW has exceeded the current contract amount by approximately $16,000 in order to perform
both design and construction administration activities for the project. In addition, American
Engineering Testing has submitted invoices for approximately $2,000.00 for concrete testing
during the construction of the project. This amount was not included in the original contract.
Mr. Kevin Hansen
December 6, 1999
Page 2 of 3
The current contract amounts are shown in Table 1, for both the first and second phases of the
project. The phases are broken down into the design and construction phases. The amount
expended as of December 3, 1999 are also shown. The first phase of the project was under
budget by approximately $5,000. BRW has ekpended a total of $87,400.00 on the two projects.
($33,600 on Phase 1 and $53,800 on Phase 2).
BRW is requesting a contract amendment of $18,000 to cover the costs that were necessary to
complete the project. The proposed new contract total for both projects would be $89,000.00. It
should be noted that the total construction cost of the two projects is $750,700.00 (Phase I -
$154,700 and Phase 2 - $596,000). With the proposed amendment, the project development and
construction engineering costs are equal to 12 percent of the construction costs associated with
the two projects.
If you have any questions or require further information, please call me or Jon Horn (373-6396).
Sincerely,
BRW, Inc.
Robert J. Green, PE
Project Manager
Rg
Cc: Jon Horn, BRW
File 33910 001 4001
Table 1
Columbia Heights EVP Design and Construction
City Project Nos. 9505 (Phase 1 and 2) and 9124
Request for Contract Amendment No. 3
Project Phase
City Project Number
BRW Amount
Current Contract Expended Budget
Amount (1) To Date Remaining
Phase I Design
Phase I Construction
9505 (Phase 1) & 9124
9505 (Phase 1) & 9124
$25,000.00 $25,974.28 ($974)
$13,630.61 $7,600.54 $6,030
Phase I Subtotal
$38,630.61 $33,574.82 $5,055.79
Phase II Design
Phase It Construction
9505 (Phase 2)
9505 (Phase 2)
$20,000.00 $32,279.00 ($12,279)
$12,116.11 $21,520.10 (2) ($9,404)
Phase II Subtotal
$32,116.11 $53,799.10 (21,682.99)
PROJECT TOTALS
WITH AMENDMENT NO.
1$70,746.72 1$87,373.92 1(16,627.20)
8,000.00 I $88,746.72 1,87,373.92 I 1,372.80
(1) Current Contract Amount includes original contract plus Amendments Nos. 1 and 2.
(2) Includes $1868.10 invoiced by American Engineering Testing for concrete foundation testing.
CITY COUNCIL LETTER
Meeting of: April 24, 2000
AGENDA SECTION:
NO:
ITEM:
NO:
ORIGiNATiNG DEPARTMENT:
Fire
Establish Hearing Dates BY: Dana Alexon
License Revocation, Rental Properties
DATE: April 18, 2000
CITY MANAGER
APPROVAL
Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested
against the following owners regarding their rental property for failure to meet the requirements of the Housing
Maintenance Codes.
1. Susan Loewenthal ............................ 1407-1409 Circle Terrace
2. Syed Raza .................................. 4616 Tyler Street NE
RECOMMENDED MOTION: Move to Establish a Heating Date of May 8, 2000 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against Susan Loewenthal at
1407-1409 Circle Terrace.
RECOMMENDED MOTION: Move to Establish a Hearing Date of May 8, 2000 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4616 Tyler
Street.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of April 24, 2000
AGENDA SECTION:
NO:
ITEM:
NO:
Close Hearing
Rental License Revocation
ORIGINATING DEPARTMENT:
Fire
BY: Dana Alexon
DATE: April 18, 2000
CITY MANAGER
APPROVAL
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
A.C. Milan L.L.C. regarding rental property at 500 40th Avenue for failure to meet the requirements of the Housing
Maintenance Codes was previously scheduled to commence at the City Council meeting of April 24, 2000.
The public hearing on this property may now be closed in that the owner has brought the property/building into
compliance with the Housing Maintenance Code.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the
Rental License Held by A.C. Milan L.L.C. Regarding Rental Property at 500 40th Avenue in that the Property is
in Compliance with the Housing Maintenance Code.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of April 24, 2000
AGENDA SECTION:
NO: L~_ p~
ITEM: Close Hearing
Rental License Revocation
NO:
ORIGINATING DEPARTMENT:
Fire
BY: Dana Alexon
DATE: April 18, 2000
CITY MANAGER
APPROVAL
The matter of the revocation of the license to operate a rental trait(s) within the City of Columbia Heights against
Marilyn Dalseth regarding rental property at 4607 Pierce Street for failure to meet the requirements of the Housing
Maintenance Codes was previously scheduled to commence at the City Council meeting of April 24, 2000.
The public hearing on this property may now be closed in that the owner has brought the property/building into
compliance with the Housing Maintenance Code.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the
Rental License Held by Marilyn Dalseth Regarding Rental Property at 4607 Pierce Street in that the Property is
in Compliance with the Housing Maintenance Code.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: April 24, 2000
AGENDA SECTION:
NO:
ITEM: License Agenda
NO:
BY: Kathryn Pepin }~D
DATE: April 20, 2000
CITY MANAGER
APPROVAL
DATE:
BY:
BACKGROUI~D A~ALYBIS
Attached is the business license agenda for the April 24, 2000 City Council meeting.
The applications for Contractors are new applicants and are recommended for approval.
The application for licenses to sell cigarette/tobacco products and Off Sale Beer at
4901 University are new applications due to change in ownership of the Best Market.
At the top of the license agenda you will notice a phrase stating '*Signed Waiver Form
Accompanied Applicationn. This means that the data privacy form has been submitted
as required. If not submitted, certain information cannot be released to the public.
RECO~EI~DED MOTION:
Move to approve the items as listed on the business license agenda for April 24, 2000.
COUNCIL ACTION:
TO CITY COUNCIL April 24, 2000
*Signed Waiver Form Accompanied Application
2000 BUSINESS LICENSE AGENDA
APPROVED BY
CONTRACTORS
ADDRESS
FEES
BUILDING OFFICIAL
*A.R.E. Plumbing
*Easco Plumbing
*Holmlund Masonry
*International Mechanical
Latuff & Sons Masonry
*Master Gas Fitters
*Osseo Stove & Feed
*Win. F. Ridler Plumbing
13929 St. Francis Blvd.
8011 Schendel Lake Dr.
2208 N. 2"d St.
925- 207~" Ave. N.W.
4031 Monroe St. N.E.
2240 Shawnee Dr.
115 Central Ave.
2908 Harriet Ave.
950.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
CIGARETTE/TOBACCO SALES
POLICE DEPT,
*Jamila Hassuneh d/bla Best Market
4901 University Ave.
100.00
OFF SALE BEER
POLJCE DEPT.,
FIRE & BLDG.
*Jamila Goulart Hassuneh d/bla
Best Market
4901 University Ave.
100.00
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85279 8.76
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85282 272. :L2
85283 120.94
85284 30,351 ,, 25
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85286 458 ,, 36
85287 204 .. 63
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85289 30,00
85290 300 ,, 00
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85295 115.45
85296 100.00
85297 64.35
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85302 46.04
85303 22.69
85304 89.00
85305 32 .. 00
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85317 53 ,. 12
853:1. 8 149.35
85319 4 , 682 . 40
85320 ]. 6.95
85321 775.00
85322 205.50
85323 98 .. 85
85324 16,344.26
85325 26.24
85326 1,475 .. 00
85327 59,400.00
BRC F:'II'-IANCIAL. SYSTEM CITY 01=' CC)I._UMBIA HE:1;C')HTS
04/20/2000 07 Check Histor/ 8L. 540R--.V06.00 F:'AGI~ 2
4/24/(>0 COU!,ICII_.
BANI< VIEi:!'-tI)OI:~
CI.-tI"_::CK NUMBER AMOUNT
BANK CHEC~I<ING ACCOLJNT
MN DEi:F:'T [:IF:' F~EVE:I"ILJE
N S F:'
F:'EDDY[:~,C:)~F;,':T' ,~BEF;:V ICIEi: [3F;:[:]UF:'
F:'!~i:'/"'i"Y [:2. A~]~H ....[:; ]:NDI WII,,.L.F:'
F:'E'1'TY [=ASH .... GARY BRAATE
F:'E'I"'I"Y CASH .... I<AF;:EI"I MOI~[I...I...
F:'E'~"f'Y [:;ASH .... MAR'Y' DUGDAL.
PHIL. L.:1;PS WINE & ,SF:':I:R'Y'S
QUAL. ITY WINE & ,SF:'IF;:IT8
RETAIL. D~TA ,SYSTEMS OF' M
T!"ICtMPSON/CHAF~L, I E
W I I'II) SCH I TL./KE I TH
AF:'F:'INITY PLUS FEDERAL. CR
AI::'SC!~E
I)ELI'A DEI'FfnL.
F:'IRST COMMUNI'FY CREDIT U
ICMA RETIF~I~S;MEI'FT TRUST 45
M:I:NNESOT~ NCPERS
MN CHILD SUPI::'OF~I' !::'nYI~tI~:NT
NCH:~WEST B~NK .... F'~YF~OL.L. A
ORC:HARD TRUST [~OMF:'ANY
t::'EF;:A
PI~S:RA .... DEF:'tNED COI'I'FF~tBUT
F:'RUDI~:NTInI... I_.IFE INSUF;:~NC
RAMSDEL.L. SC:HOLnRSHIF:' FUN
STAI'tDARD INSU!:~ANCIE: COMI::'n
UNION 49
UNITED WAY
ACE HARDW~F~E
AC';nT!~: nl..,Al~ln & U.S. SECUI~
AID EL, ECTF;:IC ~;ERVICE INC
AIF;~ TC)UCH CISS:L,L. UI.,.AF~
AL.L SAINTS BRAND DISTRIB
AMEF~IC~N L. IBRAI~Y ASSC][::
AMER I PR I
ANC~HC]R PAPER
AI'~[:::OM COMMLJNI[:]ATIOI~IS INC
ANOKA CC]UNTY .... ES
AI',IOKA COUNTY LIBF;:AF;:Y
AF~AMAR K
BAKER & TAYLOR
BAKEF;: & TAYL..C)F;: ENTEF~TAIN
BARNA [:']UZY & STE:FF:'EN L. TD
BATTI~[F;:Y CITY INC
BAUER BUI!,.T TIRE & BAI'TE
BEAC[:]N BALL..F:'IEL.DS
BEF~NICI< AND L. IFSSN
85328 8,792., 00
85329 2,767 .. 6 :l.
85330 293,94
85331 57.79
85332 55 .. 83
85333 93 ,. 38
85334 ;I. 76.85
85335 :1.83 .. 33
85336 8,750 .. 12
85337 48 .. 00
85338 42.00
85339 53
85340 350 .. 00
8534:!. 998.56
85342 3,61:1., 35
85343 :1., 9:1.0 .. 00
85344 10,177.85
85345 294.00
85346 747. :1. 5
85347 :1.32!, 120 ,, 3:1.
85348 6 ~ 687 .. 20
85349 23,774 ,. 23
85350 90., 00
8535:1. 54:1... 20
85352 42.25
85353 847 .. 19
85354 609 .. 00
85355 47 ,. 00
85356 231 .. 70
85357 3:1. 8 .. 86
85358 698.39
85359 90 .. 83
85360 488 .. 40
8536:1. 69., 50
85362 20 .. 76
85363 442 .. 38
85364 I , 382 .. 86
85365 60., 00
85366 2 ~ 067,75
85367 :1.63., 30
85368 :1.33 .. 79
85369 36 ,. 00
85370 :1.4,676.00
8537:1. 59.27
85372 96:1... 92
85373 234 ,, 03
85374 I ~, :1. 53 ..60
BF::(] I:rlI~IANCI~L 8YS'H~]M CITY (]1::' C81,..UMBI~ HEIGHT8
04/20/2000 07 Check History GL540F~--.-V06~00 P~GE 3
4/24/00 C'OUI~tCIL
BANI< VENDOR
CH[i:CI< NSMBI~i:I:;~ ~M(:}LJI'-I'1'
BAI',II( (:::Hlii:Cl<:l:l'.ll[-~ A[:[;OLJ!',I'T'
BF:I:/W(:)ODI...AKE 8AN:I:TARY 8E
i.:~t...A:I:I-II~: VI:_"I_O 8PORT8
:I::~I,..LJE RIBBI::)N (::HI~i:M-DF;.:Y
:88(:)K WH(]LI~:SAI...I~]~S :I:N(:;
BOYEI:~: '~'I:~:L.IC K8
:({~RODART'
BLJR[i:~U OF:' [;I:;~:I:I"'t:I:N~I_ AI::'I::'RI:Z
CH:I:SAGO L~KI~:8 ]O:[~i~,"I"R:[]81..JT:[
C:!:TY I,dlDl~: I...(:)CRSMITHING
CO(:;A"'-COL~ B(:)TTL:[N8 M:I:):)~I.;::
COPIO I..U][~li~: &
CREST V:[EW I._UTI-IER~N HSME
C8(:; (::;RED:I:T S[i:I:;,'VICE8
CUMM:I:I-IS NORTI-~ I::~'ENTI:;~AL
):)r::'~KSTA C8UI',ITY T[i:CHI'IIC;AL.
DAI',IKA OI::'I:"FICE IMAS:I:NG CO
):)~:~.;:l:[i:~!.~ WAT[i:R lii:(;~UIl::' C(:).
]:)(:)I,I~GHIJI!i: DO01';,'S :I:NC
DRA:[I'.I DOCTSI:;;
I~:AGLE W.I:NE COMI::'~I,IY
EA8T SIDlii: Blii:VER~GE C(]
I~:I._ECT:[OI,I 8YST!~i:MS .f-x 801::'TW
I::':I:DELITY ~ER;./:!:CI~:8
FLE× COMPI.~:NS~'Y':t:OI-I, :[I,1(:;
F:'t...IR 8YSTli~:M
I::'OCUS I,IEWSPAF'ER8
G & K SEI:;,'VIC'ES
GENU:I:NE I:;'ARTS/NAPA AUTO
GL,EI',IW80:D II,IGI.,,EWOOD
GR:I:GGS-CC~SPI~-_'R & CO
GI:;,'OL..:I:ER F:'I..JBI_.ISHIN8 CO. I
HACH COMI':'AIqY
H~F'I::'EL DB~ I::'I...~I'-I8:I:81*H'/JIE:I:~:
HARVEST' PA:I:If~"
HI~i:IGI-.H'8 ti!:[.,l~:(:;"i'l:~::l:(:;
I.-I:I:LI...'T'OP TI:;;A:I:L,I~.']';: S~I.,.I:~:~; :[1'.t
HOFFER8 I;:'AINT
t-.!OI-~EN,<i~TE:!:N..~ :I:NC
HOME l)l~i]::'(:)T :~'~2.802
HSI,IEYWELL :[I'.IC
H(:)U[?I-.IEN BIi'-I]blii:RY I..,]'D
:[L.I...INO!...~ I::'ARMEI~8 :I:NSI,JRAN
:I:NDUSTF;,'I~L MACHINERY
II'.IT"L 80CII~:]TY OF:' F:'IRli!: 81Z
:f:I::'C I::'l:;~:l:f-I"f':t:l~lG
J ,, B ,, I..It.J):):~[)l',l
,:'i(:)l-.Ihl~(:)hl I':',l::~(:)[~. LIQUOR
85375 :[00,712 .. 93
85376 93.46
85377 602 .. 80
85378 162.44
85379 986.03
85380 :1. 09 .. 98
85381 630 .. 00
85382 2,944 .. 55
85383 37.25
85384 1,125.
85385 80 .. 00
85386 11 , 527.43
85387 30.00
85388 20 .. 8
85389 200.00
85390 393 ,. 92
85391 190 ,, 36
85392 1. 06.00
85393 79.00
85394 280.06
85395 34 ~ 127.20
85396 221.70
85397 4 , 590.49
85398 120.75
85399 16,750.00
85400 408 .. 50
85401 122 ,. 07
85402 420., 19
85403 54.10
85404 5,059 . 00
85405 222 .. 56
85406 178.22
85407 4,337.50
85408 407.00
85409 775.38
85410 68.34
85411 776.39
85412 9,383.55
85413 493.96
85414 33,939.00
85415 168.51
85416 317.65
85417 52.57
8541. 8 75 ,. 00
85419 53.25
85420 1,993. :L
85421 16,231.48
BRC F:II,IAI4C]ZAI... SYSTEM CITY OF' COL. UMBIA HEIGHTS
04/2(;./2000 07 Check H:i. story [~L. 540R-...V06 .. 00 F'AC-)E: 4
4/24/00 COUNCIl...
BANI< VE:IqD[~I:~
CHEC:K NUMBEZFL: AM[:]I-.JI'-!T
BAI,II< CHEC!<:I:NG AC:COL)NT
JOHIq,SC)I'.I I::'APEF~ & ,c:~UF:'PL.Y C
JRK , :I:I',IC
I< MART
!<EI,INEDY & GRAVEN
KUE:THE:R D:I:,~ErT. CO.
L.AGEERQU:[,~]T C;C)F:,'F·
L. IBRARY JOLJRI'.hAL.
L.L]BE:-'--TECH
I..U:Cq!E:,~!] IJNL. IMI TIED
MAC QlJEE:I'I E(,:]U:I:F'MIENI" (::C).
MAF::K VIt I)I,"!rj' .
MART :1: N-MCAI...L. ]: S'rlii:r:~
MEDTOX I...ABC)F~ATOF:,'.I:ES, :!:NC
MENAF:DS CA,SHWAY L. UMBliEF(.-..F:'
METRC) TURF:'
METRO ~IEL. DII--tC-) ,SUF:'F'L.Y
METROF:'OL. ITAI',I COUNCIL. WAS
M:I:DWAY F:'ORD
MINt, IEAF'OL.I,'-E~ F:I:NA!',ICE DEPT
MII'.INE-AF:'OL. IS OXYGEN CO.
MII'-INE,SOTA E:C)I",IWAY FIFk'E &
M:I:NNE,SC)TA F']:F:'E: & EQU:I:F:'ME
M:I:Nt,IE,'.i.~(:)TAL.IC F:UNI)
M:I:NNESC)I'A W:I:I,.IEGROWEF~S C,O
t'.IIEE:DHAM ]DISTI:~:IBLITING CO
I-.IE:W YCJI:~K 'r:!:MES/THE
IqCIR1H ,STAF:,' ICIE:
OF:'F:'ICE DE:F'OT
C)!...SON',"!~ F'LIJMBII'.IG
C)R K :!: N
F:'ACE: At,I~L. YTIC~I...
F:'-AIJST]:,S & SCINS
PC: ,SC)LUTIC)NS
F:'EEF:',SI-COL. A-7 UF'
F:'HILL.:I:PS WINE: & SF'IRTS
F:'II:IKE:F(rOI,~ SE:Rb':I:CE GROUF'
F:':i:NNACL.E: D:I:STF:,'
F:'L.UI,tKET'T ' S, INC
PO,c,i:ITIVE: PI:~OMOTIOI',IS
F:*F;,']:OF;,'WINE
F:'RC)E:X - I,,,IOI...F CAMERA
F::ADIC) SHACK
R~:~IIN]E;OW TI:~EE C~F;:E
RDJ SF:'IECIAI...T:I:IES
F;:EADER'S D:I:GEST A,SSCX::I~T
F~'ETAI!.. DAT.A 'Z3YSTE:M,S C)I:: M
F::C)URKIEE: I::'UI-:':L.I,c:~:H:[NG GROUI::'
85422 357 ,, 10
85423 :1... 746 ,, 60
85424 45 ,, 66
85425 3. 706.82
85426 34.01:1.. 85
85427 589 ,, 38
85428 109.00
85429 392 ,, 05
85430 261.83
85431 150.69
85432 11,171.24
85433 304.50
85434 200 .. 00
85435 1,498 .. 20
85436 389.79
85437 35 .. :1. 5
85438 54,184 ,. 00
85439 124 ,.
85440 68,955 .. 07
85441 43 ,, 07
85442 159.75
85443 953. :1.8
85444 852 .. 45
85445 201., 00
85446 27:1.. 40
85447 247 ,. 00
85448 531., 30
85449 997.44
85450 2,083 ,, 48
85451 48.40
85452 140.00
85453 4:1. 9 ,, 39
85454 i, 288.42
85455 288 .. 26
85456 6,099.01
85457 200 .. 64
85458 44.75
85459 70.30
85460 268 .. 55
85461 5,755.59
85462 19 ,, 83
85463 63 .. 87
85464 i, 155.60
85465 356.71
85466 24.76
85467 305., 81
85468 504.95
BRC I::'IIqANCIAI_. SYSTEM []I'rY (31::' C(]I_tJMBIA !"IIEI[.~H'¥',~i~
04/20/2000 07 GI... 540R....V06. O0 I::'AGli!] 5
Cl"lec!< I..l:i.s't:.ory
4/24/00 COUI,I(7II...
BAI~II< VENDOF~
CHIECI< NUMBIEIR AMC)UI"IT
BAI'II< CHECKII,IG A(TCOUN'I"
~E;[;HE]...F:E]P,I GRAY E~i. IECTF:,'IC
,SIE~I:~:S COMMIEI:~:CIAI_.
SH:EE2RWI!',I WII..I...IAM,c:~
S(]UTHlii]:~:N AI~tOKA COUNTY CH
SQUEI~EICiliEZE F:'RO WINI)OW CI...IEA
~;F;,'[Z][:')A'~i~, AI.jTOMO'i"]:Vlii] ?,IEI:;~VI
,ST PALIL-ZDED/]"HE
ST F:'AUI./"'W[3/THE
S"I'AIqDAI::,'D & F:'O[Z]F;,' 'S [:~[:]1::~1::'.
SUN PUBL. ICATIOIq
'j"~I.JTGIES, I::,'EDF:'A]"H ~ & CO
'T'!E('F~,~.:.':MAI"I CE)
'T'F:::I:ANGL. E F':ERE IEXTZI:NG(.JI-~H
TF:,'UGREIEI"I (:::HIEMI...AWI"I
'T'b,IIN (:;ITY GAFf:AGE DOOI:::
TI,!I:[I"I C:I:'T'Y I"I~F':DI,~IA!::~E
l.J~,~ F'IL..TER/W~TIE:'.R F:'R0,
VANNEY ASSOCIA'T'E:S
VZI:DIEO BY CYCI...:I:I"IG
V(:),S,~Ei; IEI...ECTI:~:IC
b, IHEEL..ER AI'-IDRIEWS/PATTY
WILL.~r:iMETTEE: INDUSTRIES
W:I:NE MIEF::CHAI"tT8
WOI:~!I...D CLA,"[~S WIIqlE
WI.~I GF~AINGIER
ZARI',IO'I'H BRUSH WOF:~ K,c.'~ ~, :1: NC
85469 203 .. 25
85470 35.89
85471 622 ,. 89
85472 16.00
85473 50.00
85474 61 ,, 77
85475 I, 000.00
85476 8, 123 ,, 83
85477 914.92
85478 30 ,, 00
85479 38.40
85480 19,102 ,, 50
85481 45:1... 56
85482 1,379.98
85483 763 .. 4:1.
85484 192 ,. 00
85485 492.22
85486 77,235 .. 90
85487 408.54
85488 98.80
85489 137 .. 43
85490 200.00
85491 231 ,. :1.7
85492 304.36
85493 102 ,, 00
85494 :1.27., 65
85495 544.22
930 ~, :1.48., :1.3 ***
CITY OF COLUMBIA HEIGHTS (1"')
637 38TH AVENUE N. E, COLUMBIA HEIGHTS~ MN 55421-3806 (612) 782-2880 TDD 782-2806
PLEASE NOTE: PUBLIC WORKS DEPARTMENT PHONE NUMBERS HAVE CHANGED.
NEW N~TMBERS ARE: F~AIN NUMBER (763) 706-3700, TDD (763)706-3692
PUBLIC WORKS
· CENTRAL GARAGE
· SEWER/WATER
· ENGINEERING
· STREETS
· PARKS
ARBOR DAY - ARBOR MONTH
PROCI AMA TION
WHEREAS:
Native Minnesotans and early pioneers depended upon existing forests to
survive in an often harsh yet beautiful land, as do Minnesota's current
residents and landowners; and
WHEREAS:
The old growth red and white pine forests in the North, the mature
hardwood forests of the Southeast, and the oak savannahs bordering the
prairies in the South and West continue to change; and
WHEREAS:
Citizens must become stewards of their own environment by planting,
maintaining, and protecting trees so that the benefits trees provide
throughout their life cycles continue to improve the quality of life that we
as Minnesotans enjoy and depend upon;
NOW, THEREFORE, I, Gary Peterson, Mayor of the City of Columbia Heights, do
hereby proclaim April 29,2000, to be
ARBOR DAY
AND THE MONTH OF MAY 2000 TO BE ARBOR MONTH
IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
FURTHER:
I urge all citizens to plant trees to gladden the hearts and promote the
well-being of present and future generations.
DA TED: This 24th day of April
Mayor Gary Peterson
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BABIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
CITY COUNCIL LETTER
Meeting of: April 24, 2000
AGkNDA SECTION 5D Recognition
NO.:
ITEM: Recognition of Heights Theater
and acceptance of donation
NO.:
ORIGINATING DEPARTMENT'.
Library
BY: M. Rebecca Loader
DATE: 4/17/2000
CITY MANAGER APPROVAL
DATE:
On April 8 and 9, the Heights Theater sponsored a fund-raiser for the Columbia Heights Public Library by screening
the silent version of "Peter Pan." Members of the staff and Board of Trustees were on hand to "meet and greet" the
public before the shows. For every book mark stub turned in, the Theater donated $2 to the Library for purchasing
children's materials. A total of $690 was donated to the Library.
There is a long history of cooperative ventures between the Theater and the Library. The first public Iibrary in
Columbia Heights opened for business on December 3, 1928, in the lower right-hand storefront of the Heights
Theater Building. In June of 1935 the owner of the Theater paid for the library to move into a suite of rooms on the
second floor of the building, where it stayed until August, 1938, when the library moved into the youth center rooms
on the second floor of 4002 Central Avenue.
The current owners of the Heights Theater, David Holmgren and Thomas Letness have spent considerable time on the
interior and exterior of the Theater Building. By removing the results of several previous remodeling eftbrts, the
original flavor of the building has been revealed. They have attempted to retain the vintage flair of a 1925 building
while making the audience comfortable and entertained.
The City Council would like to commend them on their efforts to make a positive contribution to the atmosphere of
Central Avenue and for their generous support of the Library.
COUNCIL ACTION:
April 10, 2000
Mr. David Holmgren
Mr. Thomas Letness
Heights Theater
3951 Central Ave. NE
Columbia Heights, MN 55421
Dear Dave and Tom:
On behalf of the Columbia Heights Public Library Board of Trustees, I would like to thank you
for the fund raiser you sponsored at the Theater to benefit the Library. The hard work and
support were appreciated by all of us involved. The money raised ($696) will be designated for
use to purchase children's materials for the circulating collection.
The working relationship between our two agencies is generating lots of positive public relations
and good will. It is a pleasure to be able to work with the owners of the site of the first library in
Columbia Heights, and I hope to continue to develop our cooperative ventures.
Thanks again for your support and donation.
Very truly yours,
M. Rebecca Loader
Library Director
cc: Barbara Miller, President, Board of Trustees
The Anoka County Board of
Commissioners
with great appreciation r~ogniT~s
continuously extraordinary waste abatement
a~hievements of
The City of Co|nmbia Heights
and its service prorider:
BFl/Woo~t__~ Sanitary Service, Inc.
The city has consistently met their recycling goals
from 1988-1999.
During 1999, the City of Columbia Heights
recycled 1,825.39 tons of materials, composted
1,088 tons of yard waste and collected 35.39 tons
of problem materials for proper management.
· D. Berg J Kordiak '
District #1 D' 'ct f/4 '
CITY COUNCIL LETTER
Meeting of April 24. 2000
AGENDA SECTION:
NO:
ITEM:
NO:
Resolutions/Ordinances
Close Hearing/Adopt Resolution For
Revocation
2000-39
ORIGINATING DEPARTMENT:
Fire
BY: Dana Alexon
DATE: April 18, 2000
CITY MANAGER
APPROVAL
Revocation of the license to operate a rental unit within the City of Columbia Heights is requested
against Farzana Khan regarding rental property at 966 44-1/2 Avenue for failure to meet the requirements
of the Housing Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing
RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2000-39, there being ample
copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No.2000-39, Resolution of the City Council of
the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1 ) of the
Rental License held by Farzana Khan Regarding Rental Property at 966 44-1/2 Avenue.
COUNCIL ACTION:
RESOLUTION 2000-39
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS
APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION
5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY
FARZANA KHAN (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY
LOCATED AT 966 44-1/2 AVENUE, COLUMBIA HEIGHTS, MINNESOTA,
AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A),
WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE
PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE
HOLDER ON FEBRUARY 15, 2000 OF A PUBLIC HEARING TO BE HELD ON APRIL
24, 2000.
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOiNG, AND ALL
ORDiNANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE
CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWiNG:
FINDINGS OF FACT
1. That on October 25, 1999, Gary Gorman and Rich Hinrichs, inspectors for the City of
Columbia Heights, inspected the property and noted four violations. Compliance orders listing
the violations were mailed by regular mail to the owner's agent in charge of the property at the
address listed on the Rental Housing License Application.
2. That on December 29, 1999, Gary Gorman and Rich Hinrichs, inspectors for the City of
Columbia Heights, inspected the property and noted that they were unable to get into the 968 unit
to recheck the four violations and they noted four new violations. Compliance orders listing the
violations were mailed by regular mail to the owner's agent in charge of the property at the
address listed on the Rental Housing License Application.
3. That on February 15, 2000, Gary Gorman and Rich Hinrichs, inspectors for the City of
Columbia Heights, inspected the property and were not met by the owner and was told by the
tenants that they were not notified of the inspection, the inspectors were told by the tenants that
eight violations remained uncorrected. Compliance orders listing the violations were mailed by
regular mail to the owner's agent in charge of the property at the address listed on the Rental
Housing License Application.
4. That on March 31, 2000, Gary Gorman and Rich Hinrichs, inspectors for the City of
Columbia Heights, went to the property and waited for the owner or manager to show up, the
owner and manager did not show up. One tenant did not know about the inspection on this day
and the other tenant did know about the inspection. Inspectors noted that eight violations
remained uncorrected. Compliance orders listing the violations were mailed by certified mail to
the owner's agent in charge of the property at the address listed on the Rental Housing License
Application.
5. That based upon said records of the Enforcement Officer, the following conditions and
violations of the City's Housing Maintenance Code were found to exist, to-wit:
A. FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE
CODE
B. FAILURE TO SUBMIT REINSPECTION FEES OF $150.00
6 That all parties, including the License Holder and any occupants or tenants, have been
given the appropriate notice of this hearing according to the provisions of the City Code Section
5A.306(1) and 5A.303(1)(d).
CONCLUSIONS OF COUNCIL
1. That the building located at 966 44-1/2 Avenue is in violation of the provisions of the
Columbia Heights City Code as set forth in the Compliance Order attached hereto;
2. That all relevant parties and parties in interest have been duly served notice of this
hearing, and any other hearings relevant to the revocation or suspension of the license held by
License Holder.
3. That all applicable rights and periods of appeal as relating to the license holder, owner,
occupant, or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F3872 is hereby revoked/suspended (cross out one);
2. The City will post for the purpose of preventing occupancy a copy of this order on the
buildings covered by the license held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first day
of posting of this Order revoking the license as held by License Holder.
Passed this __ day of ,2000.
Offered by:
Second by:
Roll Call:
Patricia Muscovitz, Deputy City Clerk
Gary L. Peterson, Mayor
CITY OF COLUMBIA HEIGHTS
Meeting of: April 24, 2000
AGENDA SECTION: Other Ordinances
and Resolutions
NO: "/-A
ITEM: Adopt Resolution No. 2000-40,
Resolution Authorizing Eminent Domain of
4101 Central
ORIGINATiNG DEPARTMENT:
Community Development
CITY MANAGER
APPROVAL
BY: Kenneth R. Anderson Y:
DATE: April 20, 2000 ~
BACKGROUND: At the City Council meeting of April 10, 2000 the City Council directed the City
Attorney to initiate eminent domain proceedings for the property at 4101 Central Avenue NE. This
building was formerly occupied by Norwest Bank. At that meeting, the City Council was considering
the request from Families Moving Forward to release them from the imposition of the moratorium on
any change in use in the commercial zoning districts in the City of Columbia Heights. In accordance
with the directive from the City Council, the City Attorney has prepared Resolution No. 2000-40,
Resolution Authorizing Eminent Domain of the Property Located at 4101 Central Avenue NE.
Adopting this Resolution is necessary to start the eminent domain proceedings in accordance with
Minnesota Statutes.
RECOMMENDATION: Staff recommends the City Council adopt Resolution 2000-40.
MOTION: Move to waive the reading of Resolution 2000-40, there being ample copies available to
the public.
MOTION: Move to adopt Resolution 2000-40, being a Resolution Authorizing Eminent Domain of
the Property 4101 Central Avenue NE.
Attachments:
COUNCIL ACTION:
H: \consent\4101Central
RESOLUTION NO. 2000-40
BEING A RESOLUTION DETERMINING THE NECESSITY FOR AND
AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY
BY PROCEEDINGS IN EMINENT DOMAIN
WHEREAS, the City Council has heretofore determined that the City of Columbia Heights
should move forward in implementing its downtown redevelopmerit plan.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA, AS FOLLOWS:
Acquisition by the City of the following described property is necessary for the
purpose of downtown redevelopment:
Parcel 1:
Lots 27, 28, 29, 30, and west ½ of Lot 31 (except south 5 feet of
Lots 29 and 30 for street purposes) (ex. North 120 feet of west ½ of
Lot 31), Block 4, Reservoir Hills, Anoka County, MN
Parcel 2:
South 20 feet of Lot 26, Block 4, Reservoir Hills, Anoka County,
The City Attorney is authorized and directed on behalf of the City to acquire the
real estate above described by the exercise of the power of eminent domain
pursuant to Minnesota Statutes, Chapter 117. The City Attorney is further
authorized to take all actions necessary and desirable to carry out the purposes of
this resolution.
Adopted by the City Council this day of
,2000.
Offered by:
Seconded by:
Roll Call:
Patricia Muscovitz, Deputy City Clerk
Gary L. Peterson, Mayor
CITY COUNCIL LETTER
Meeting of: April 24, 2000
AGENDA SECTION: OTHER BUSINESS
No=
ITEM: COMPETITIVE FRANCHISING POLICIES
NO: PROCEDURES FOR CABLE
ORIGINATING DEPARTMENT: CITY MANAGER'S
CITY MANAGER'S ~ROVAL /
The City Of Columbia Heights is currently operating under policies and procedures governing
application, review, and recommendations regarding grant of competitive cable franchises that
were drafted in 1998, and implemented administratively. Such policies and procedures were,
in effect, a recitation of what is required under state law.
The cable attorney for the City has prepared revised competitive franchising policies and
procedures, and is recommending that they be formally adopted (see attached).
The Telecommunications Commission will be reviewing the revised competitive cable franchising
policies and procedures at their meeting of April 20, 2000. Staff will be requesting that
they recommend council adoption of such policies and procedures.
RECOMMENDED MOTION: Move to adopt the Policies and Procedures Governing Application, Review,
and Recommendations Regarding Grant of Competitive Cable Franchises dated April 12, 2000.
COUNCIL ACTION:
THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
POLICIES AND PROCEDURES
GOVERNING APPLICATION, REVIEW AND RECOMMENDATIONS
REGARDING GRANT OF COMPETITIVE CABLE FRANCHISES
Preamble
The City of Columbia Heights ("City") administers the cable television Franchise between
the City and the current cable franchisee. The City requested, reviewed and considered the
applications of the initial prospective cable franchisees and issued a cable Franchise. Modern
telecommunications policy, law and regulations encourage the emergence of competition in all
telecommunications markets. Increased competition in the provision of all telecommunications
services is expected, including in the provision of cable television service. The emergence of such
competition could increase the quality and availability of enhanced telecommunications services via
Cable Systems, encourage lower rates, encourage better customer service, and generally benefit
consumers. Policies and procedures regarding application for and review of Applications for
competitive cable Franchises will streamline the processing of requests to provide such competitive
telecommunications services.
In view of the foregoing, the City has formulated policies and procedures for application and
review of Applications for competitive Franchises with the City. Pursuant to these policies and
procedures the City has delineated the information which must be provided in an Application for a
competitive Franchise, detailed a process for review of such Application and negotiation o fthe terms
of the Franchise agreement, and provided for the presentation of a formal recommendation regarding
the grant of such Franchise to the City.
Section 1. Definitions
"Applicant" shall mean a Cable Company that files an Application with the City.
"Application" shall mean the information, documentation, and data, of the form and substance
required herein, filed by a Cable Company with the City requesting the City's consideration
regarding any recommendation to grant a competitive Franchise.
"Application Fee" shall mean a fee which is intended to cover all costs incurred by the City related
to processing Applications up to and including the grant of a Franchise (if any) including, but not
limited to, staff and attomey's time in reviewing and considering an Application and related
information, negotiating the terms and conditions of Franchises, and preparing recommendations,
Franchises and other documentation related to such Application.
"Cable Company" shall mean any person or entity owning a significant interest in, controlling,
operating, managing or leasing a Cable System (or any components thereof in the Public Rights-of-
Way) within the state or any person seeking a Franchise to do so.
"Cable Service" shall mean (1) the one-way transmission to Subscribers of video programming or
other programming services; and (2) Subscriber interaction, if any, which is required for the
selection or use of such video programming or other programming services. For purposes of these
Policies and Procedures, "Cable Service" includes, but is not limited to, the provision of Intemet
service over a Cable System.
"Cable System" shall mean the facility of a Cable Company consisting of a set of closed
transmission paths and associated signal generation, reception and control equipment that is designed
to provide Cable Service, which includes video programming and which is provided to multiple
Subscribers within the City, but such term does not include: (1) a facility that only serves to
retransmit the television signals of one or more television broadcast stations; (2) a facility that serves
Subscribers without using any Public Rights-of-Way; (3) a facility of a common carrier which is
subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such
facility shall be considered a System if such facility is used in the transmission of video
programming directly to Subscribers, unless the extent of such use is solely to provide interactive
on-demand services; (4) an open video system that complies with 47 U.S.C. § 573; (5) any facilities
of any electric utility used solely for operating its electric utility system; or (6) a translator system
which receives and rebroadcasts over-the-air signals. A reference to a Cable System in these Policies
and Procedures refers to any part of such System including, without limitation, converters. The
foregoing definition of"System" shall not be deemed to circumscribe or limit the valid authority of
the City to regulate or franchise the activities of any other communications system or provider of
connnunications service to the full extent permitted by law.
"Franchise" shall mean any nonexclusive authorization granted by the City in the form of a
Franchise, privilege, permit, license or other municipal authorization to construct, own, control,
operate, maintain, or manage a Cable System within the Public Rights-of-Way to provide Cable
Service within the City.
"Institutional Network" shall mean a discrete communications network provided by a Cable
Company to institutions designated by the City, as provided in a Franchise ordinance.
"Policies and Procedures" shall mean these policies and procedures governing the City' s processing
of Applications for Franchises.
"Public Rights-of-Way" shall mean the surface, the air space above the surface, and the area below
the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive,
concourse, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, easement or similar
property or waters within the City in which the City now or hereafter holds any property interest,
including, but not limited to, any riparian right, which, consistent with the purposes for which it was
created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining
a Cable System. No reference in these Policies and Procedures to a "Public Right-of-Way" shall be
deemed to be a representation or guarantee by the City that its interest in or other fight to control the
use of such property is sufficient to permit use of the property for the purpose of installing, operating
and maintaining a Cable System.
"Subscriber" shall mean any person or entity who receives service via a Cable System. In the case
of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee,
tenant or occupant.
Section 2. Applicability of Policies and Procedures
These Policies and Procedures apply to every Cable System and every Cable Company,
including a Cable Company which constructs, operates and/or maintains a Cable System or provides
Cable Service in whole or in part through facilities owned, controlled, managed or operated by
another provider, that seeks to operate within the territorial limits of the City.
Authority: Minn. Stat.§ 238.03
Section 3. Franchise requirement
Subd. 1. In accordance with state and federal law, the City shall require a Franchise of any
Cable Company or Cable System providing Cable Service within the municipality.
Subd. 2. Nothing in these Policies and Procedures shall be construed to limit City authority
to construct, pumhase, and operate a Cable System or otherwise to provide any telecommunications
or Cable Services either for intemal municipal purposes or for sale to the public.
Authority: Minn. Stat.§ 238.08
Section 4. Application for Franchise
Subd 1. In the event the City receives notice that a Cable Company is interested in applying
for a Franchise, the City shall publish notice of intent to Franchise within a reasonable time and in
accordance with Minn. Slat. § 238.081, subd. I, which requires publishing notice of intent to
Franchise each week for two successive weeks, allowance of 20 days from initial publication for
submission of Applications and a public hearing at least seven days before introduction of the
Franchise into proceedings of the City.
Subd. 2. Review of Applications. Applications for a competitive Franchise shall contain
such information as is required below in these Policies and Procedures and shall be submitted to the
City. Review by the City of any Applications pursuant to these Policies and Procedures and final
determination by the City regarding whether to Franchise such Applicant(s) may be based on any
relevant factors. Such relevant factors may include comparisons of the level and quality and nature
of Cable Services proposed by the Applicant to that provided by the incumbent Cable Company, the
needs and interests of the community and institutions, as identified solely by the City, and
information regarding industry trends, state of the art technologies, services and other related
information.
Subd. 3. Public Hearing on Applications. A public hearing before the City affording
reasonable notice and a reasonable opportunity to be heard with respect to an Application shall be
scheduled in accordance with Minn. Stat.§ 238.081, Subd. 6.
Subd. 4. Negotiation of Franchise Terms. During the period prior to the public hearing on
the Application, the responsible City employee(s) and Applicant may negotiate specific Franchise
terms and conditions for recommendation and presentation to the City. In addition, during this
period the responsible City employee(s) shall review the Application and may request such
additional information necessary to make final recommendations to the City.
Subd. 5. Determinations. Determinations by the responsible City employee(s) regarding the
qualifications of Applicant(s) and recommendations to the City regarding grant of a Franchise shall
be made based on information provided by the Applicant as required herein and such other
information which the responsible City employee(s) deem relevant in their sole discretion. The
responsible City employee(s) may, in their sole discretion, consider information developed during
any negotiations with the Applicant and any information or evidence adduced by the incumbent
Cable Company. After the public hearing referenced in Subd. 3, the responsible City employee(s)
shall issue written recommendations to the City regarding such Application. These
recommendations may include a Franchise document for adoption by the City.
Subd. 6. Award of Franchise. A Franchise may be awarded only by an ordinance adopted
by the City.
Subd. 7. Costs of Reviewing Application and Issuing Franchise. The Applicant shall pay
the Application Fee required below. The Application Fee is required for the purpose of reimbursing
the City for all costs associated with processing Applications pursuant to these Policies and
Procedures through and including any granting of a Franchise. Any portion of the Application Fee
which remains after payment of all the City' s costs will be reimbursed to the Applicant. Should the
Application Fee not cover the expenses of the City, those unreimbursed expenses shall be reimbursed
prior to any consideration of the Franchise by the City. A successful Applicant shall be fully
responsible to reimburse the City for all costs of awarding the Franchise.
Subd. 8. Franchising nonprofit or municipally-owned system. Nothing contained in this
Section prohibits the City from franchising a nonprofit or municipally-owned system. The
municipality or nonprofit entity shall be considered an Applicant subject to these Policies and
Procedures.
Authority: Minn. Stat.§ 238.081
4
Section 5. Information Required in Application.
An Application for a competitive Franchise must be signed by an authorized officer or
principle of the Cable Company and be notarized and must include at least the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
{9)
(lo)
(11)
A statement that the Applicant seeks to construct a Cable System and to provide
Cable Services within the City;
the name, street address, e-mail address and telephone number of the individuals who
are authorized to provide and certify information on behalf of the Applicant;
plans for analog and digital channel capacity, including both the total number of
analog and digital channels capable of being energized in the system and the number
of analog and digital channels to be energized immediately;
a statement of the television and radio signals for which permission to carry wilt be
requested from the Federal Communications Commission, or any other required
regulatory agency;
a description of the proposed system design and planned operation, including at least
the following items:
(i) the general area for location of antennae and the head end, or description
of programming delivery plan if otherwise;
(ii) the schedule for activating two-way capacity and any other system
capacity to be activated in conjunction with the Cable System;
(iii) the type of automated services to be provided;
(iv) the minimum number of video channels, other Cable Services, and other
kinds of services to be made available to residents;
(v) the number of channels and services to be made available for
community/access programming; and
(vi) a plan for funding of facilities and staff for community/access
programming and/or a plan for interconnection and provision of such
programming in cooperation with the incumbent Cable Company.
plans for the provision of Institutional Network capacity and services or other "in-
kind" services and the terms, conditions and technical standards under which
particular service is to be provided to governmental, educational, and other
institutional entities;
a list of all institutions receiving Institutional Network service;
a schedule of proposed rates in relation to the services to be provided, and a proposed
policy regarding unusual or difficult connection of services;
a time schedule for construction of the entire system with the time sequence for
wiring the various parts of the area to be served;
information supporting and indicating the applicant's financial, technical and legal
qualifications and experience in the cable communications field, if any;
an identification of the municipalities in which the applicant either owns or operates
a Cable System, directly or indirectly, or has outstanding Franchises for which no
system has been built;
(12) detailed plans for financing of the proposed system, which must indicate every
significant anticipated source of capital and significant limitations or conditions with
respect to the availability of the indicated sources of capital;
(13 ) a statement of ownership detailing the corporate organization of the applicant, if any,
including the names and addresses of officers and directors and the number of shares
held by each officer or director, and intracompany relationship including a parent,
subsidiary or affiliated company;
(14) a statement of a form and substance acceptable to the City indemnifying the City
fully against any claims or liabilities alleged as the result of City's exercise of these
Policies and Procedures including any such claims or liabilities alleged or asserted
by the incumbent Cable Company;
(15) an agreement to pay the City a Franchise fee in the same percentage of gross
revenues as the incumbent providers;
(16) a notation and explanation of omissions or other variations with respect to the
requirements of the Application; and
(17) submission of an Application Fee in the amount of $20,000.
Authority: Minn. Stat. § 238.081, Subd. 2 and 4.
Adopted by the Columbia Heights City Council, April ,2000.
Aprill2,2000
6
CITY COD'NCIL LETTER
Meeting of: April 24, 2000
AGENDA SECTION:
NO:
ITEM:
NO:
OTHER BUSINESS
NOTICE OF INTENT TO FRANCHISE
As reported to the council previously,
issuance of a franchise from the city.
operational network
services.
~7 C -~_ ORIGINATING DEPARTMENT: CITY MANAGER' S
DATE: 4-17-00 TE:
Wide Open West has submitted a written request for
Wide Open West (WOW) is a competitive and fully
access prorider of broadband internet, cable television, and voice
Part of the state-mandated competitive franchising process requires that a franchising
authority (city) publish once each week for two successive weeks in a newspaper of general
circulation in each municipality within the cable service territory a notice of intent to
franchise, requesting applications for a franchise. In addition to publishing the notice of
intent to franchise, the City must mail copies of the notice of intent to franchise to any
person it has identified as being a potential candidate for a franchise.
Attached is a Notice of Intent to Franchise, which includes the information required by state
law.
The Telecommunications Commission will be reviewing the Notice of Intent to Franchise at their
meeting of April 20, 2000. Staff will be requesting that they recommend to the council
publication of the Notice of Intent to Franchise.
RECOMMENDED MOTION: Move to publish the attached Notice of Intent to Franchise, soliciting
applications from qualified entities that are interested in constructing a cable system and
providing cable service within the territorial limits of the City.
COUNCIL ACTION:
NOTICE OF INTENT TO FRANCHISE
CITY OF COLUMBIA HEIGHTS, MINNESOTA
The City of Columbia Heights, Minnesota (the "City") is hereby soliciting applications
from qualified entities that are interested in constructing a cable system and providing cable
service within the territorial limits of the City. Notarized applications that contain all of the
information required by Minn. Star. § 238.081, Subd. 4 and local policies and procedures, and
that comply with all state and local requirements must be received by 4:00 p.m. on Friday, May
26, 2000, at City of Columbia Heights, 590 40m Avenue NE, Columbia Heights, MN 55421,
Arm: Linda Magee. Each franchise application must be accompanied by an application fee in the
amount of $20,000. This fee shall be paid to the City via a certified check made payable to the
City of Columbia Heights.
Every franchise proposal submitted by an applicant must include a design for a state-of-
the-art cable system that is capable of reliably providing a panoply of cable services to
subscribers. In reviewing each applicant's franchise application, the City will consider all
relevant factors, including, but not limited to: (i) comparisons of the level, quality and nature of
cable services proposed by the applicant to that provided by the incumbent cable system
operator; (ii) the cable-related needs and interests of the community, as identified solely by the
City; and (iii) information regarding industry trends, state-of-the-art technologies, modern cable
services and other related information.
The City will hold a public hearing to consider any franchise applications it receives at
7:00 pm on July 10, 2000, at City of Columbia Heights, 590 40m Avenue NE, Columbia Heights,
MN. All questions concerning the franchising process and any requests for information should
be directed to Linda Magee, 590 40th Avenue NE, Columbia Heights, MN (763) 706-3609.
ISSUED BY THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
Walter Fehst, City Manager
Publish: Focus News, May 4 & 11, 2000.
G:~Admin~Jqotlceo~ntennoFranchise4-5-~),wpd
CITY COUNCIL LETTER
Meeting of: April 24, 2000
ORIGINATING DEPARTMENT: CITY MANAGER' S
AGENDA S CTION: OTHER E SINESE --C'
NO: MANAGER ' S
ITEM: METRICOM AGREEMENT BY LINDA L MAG~E
No,. 4-18-00 ' DA E."
· ~e~ / '
At the February 22, 2000, Council Work Session, the Council review the Right of Way Permit
and Facility Use Agreement from Metricom. The council referred this item to the
Telecommunications Commission for review.
At the Telecommunications Commission meeting of March 16, 2000, Bob Buell of Buell Consulting
presented information on Metricom's Ricochet System and their proposed Right of Way Permit and
Facility Use Agreement·
After much discussion, the Telecommunications Commission passed a motion recommending that the
City Council approve entering into the Right of Way Permit and Facility Use Agreement with
Metricom, as recommended by our legal counsel for cable matters, once the details are worked
out with our legal counsel.
Since then, negotiations have proceeded between our legal counsel and representatives of
Metricom. Negotiations have reached a stalemate.
Attached is a clean and a redlined version of a model agreement that can be used for Metricom.
These documents contain changes that were made to Metricom's standard Right of Way Permit and
Facility Use Agreement in the course of negotiations with Metricom. TO date, Metricom has
only accepted these changes in the City of Minneapolis.
The redlined version of the Model Metricom agreement shows all of the revisions that Metricom
has agreed to in Minneapolis, but rejected in Columbia Heights· This language appears as
underlined and stricken text in the redlined agreement. The most significant revisions
contained in the model agreement address the following areas:
Reimbursement of the City's Right of Way Management Costs
Management of Public Rights-of-Way and Public Property
Scope of Authorization
Reimbursement of the City's Project Review Expenses
Most Favored Municipality Clause
Abandonment and Removal of Radios
Performance Bond
Transfer or Assignment of Rights Under the Facility Use Agreement.
A detailed explanation of each of these areas can be found in the attached memo from Tom
Creighton Of Bernick and Lifson, the City's legal counsel for cable matters.
Based on the recommendations of the Telecommunications Commission and the recommendation of
the City's legal counsel for cable matters, staff is recommending the council approve entering
into a Right of Way Permit and Facility Use Agreement with Metricom, provided it contains the
same provisions as were negotiated with the City of Minneapolis. In other words, the model
agreement as attached.
Attorney Steve Guzzetta of Bernick and Lifson will be in attendance to respond to questions.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a Right of Way
Permit and Facility Use Agreement with Metricom, subject to inclusion of the provisions as
outlined in the model agreement prepared by Bernick and Lifson.
COUNCIL ACTION:
Sent by: BERNICK LIFSON P.A. 612 546 1003; 04/18/00 11:SZAM;l~#55g;Page
BEFLNICK AND LIFSON
April I g, 2000
FAX TO:
FROM:
SUBJECT:
Ms. Linda Magee
Assistant to the City Manager
Thomas D. Creighton, Esq-
Metricore Agreement
Attached for the City of Columbia Heights' review is a clean and redlined version of a model
agreement that can be used wiffi Metricore. These documents contain a variety of changes that
were made To Me~ricoto's standard Right-of-Way Permit and Facility Use Agreement in the
course of negotiations with Meuicom, To date, Melxicoto has only accepted these changes in the
City of Minneapolis. Memcom's logic is that Minneapolis is entided m special lxeatment
became of its size. All other cities Metricore hai approachcd in the Twin Cities metropolitan
area (possibly with the exception of St. Paul) are apparently expected to agree to Metricom's
standard agreetoent (without modification),
For your convenience and information, the redlined version of the model Metricom agreetoent
shows all of the revisions that Metncoto has agreed to in Minneapolis, but rejected in Columbia
Heights, This language appears as underlined and stricken text in the redlined agreement. The
most significant revisions contained in the toodet agreement address thc following subject:
A. Reitobursement of the City's Right-of=Way Managetoent Costs. We ncgotiated
Sent by: BERNZCK LZFSON p,A. 612 546 1003; 04/18/00 11:57AM;]~Fj~b~#559;Page 2/3
language in Minneapolis that would include bad debt that is ultimately collected in the
calculation of the right-of-way management reimbursement fee that would be paid to the
City. This particular revision would maximize the reimbursement mount that is received
by the City. and would prevent Metficom from excluding revenues that should be
included in fee calculations. We are also recommending that the annual fee paid to the
City for the use of its poles be increased annually. rather than every five years, by any
increase in the consumer price index- This would ensure that the annual fee prod to the
City keeps pace with inflation, and does nol decrease, as would happen under Metncom's
proposal. Finally, we inc}uded language that would require Metricore to reimburse the
City for the reasonable costs of an audit if the results of any audit show that Metricore
underpaid the right-of-way management reimbursement fee by more than five percent.
Management of Public Rights-of-Way and Public Property. In several areas,
Metricom's standard agreement does not make cleat that Meudcom's fights are subject to
the City's power to maintain its public rights-of-way and public facilities. We have
rectified this deficiency in the model agreement by expressly stating that Metricom's
operations are subject to the City's right to maintain its public rights-of-way and
municipal f~cilities. We also included a change which states that Metricore cannot
interfere in any manner with the operation, installation, maintetamce, construction and
reconstruction of all public fights-of-way and public facilities. ][n addition, our revisions
make clear that Metricore will not obtain any property interest in municipal facilities
(e.g, poles) and public fights-of-way. Last/y, we added language to Metficom's
agreement which would require Metficom to notify the City, in wfiting, whenever it
removes or relocates its radios.
Scope of Authorization. Our revisions expressly provide that Metricore is only
authorized to use municipal facilities for '.he sole purpose of operating its system and
providing mobile digital data services. Metricore is not authorized to provide telephone
or cable television service. The specific language we added ensures that Metricom canno~
expand its service offerings without obtaining a separate authorization from the City.
Reimbursement of the City's Project Review Expenses. Metricom's standard
agreement specifies that Metricore will reimburse cities for reasonable attomey's fees and
other expenses up to a maximum amount orS1,000. Since this is a small amount that
likely would not cover our clients' actu~ expenses, we increased the amount of the
reimbursement to $2,000.
Mosl-Favor~d Municipality Clause. We revised Mctricom's "most-favored
municipality" clause, so that our clients could benefit from improvements negctiated into
any Metricore agreement in the seven-county Minneapolis/St, Paul area, not just
agreements negotiated with identically- or smaller-sized municipalities.
Abandonment and Removal of Radios. Meu'icem's standard agreement does not
Sent by: BERNICK LIFSON P.A. 612 546 1003; 04/18/00 11:58AM;)ltEIL#559;Page 3/3
contain any provisions which address the abandonment of radios or the removal of radios
at the expiration of or termination of a facility use agreement. We therefore 'added
language which gives the City the right to remove radios that have been abandoned for
six months or more, at Metricom's expense. This same right would apply to the
expiration or termination of a use agreement. Without this language, it ~,ould be possible
for Metricore to leave useless clutter on the City's facilities.
Performance Bond, Metricom's st~mdard agreement does not require Metricore to
furnish a bond securing its performance under the facility use agreement. The model
agreement, which, as stated above, was agreed to by Metricore in the City of
Minneapolis, rectifies this omission by establishing a performance bond requirement that
guarantees Metricom's faithful performance of work.
Transfer or Assignment of Rights Under the Facility Use Agreement, Metficom's
original assignment language would permit it to transfer or assign the facility use
agreement to virtually anyone, without regard to the lnnsferee's or assignee's ability to
perform or willingness to be bound by the terms of the use agreement. Our revisions
ensure that a transfer or assignment of fights cannot occur unless cer~in criteria
concerning the proposed transferee's or assignee's qualifications are satisfied,
At this point, we recommend that you place the model agreement before the City Council for
consideration. In our opinion, the model strikes a reasonable balance between the City's interest
in managing its proper~ and public rights-of-way, and Metricom's interest in efficiently
operating a business within the City's territofial boundaries. The reasonableness of the model
agreement is underscored by the fact that it has been accepted by Meu'icom, in its entirety, in the
Ci~ of Minneapolis,
If you have any questions concerning the model Metricore agreemere, do not hesitate to call.
-3-
Sent by: BERNTCK LZFSON P.A. 612 546 1003; 04/17/00 5:39PM;)etre~L_#543;Page 4
CITY OF
RIGHT-OF-WAY PERMIT AND FACILITY USE AGREEMENT
THIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of
· (the "Effective Date"), and entered into by and between the CITY OF
, a Minnesota local government unit (the "City"), and METRJCOM, 1NC.,
a Delaware corporation ("Mettleore").
RECITALS
M etricom owns, maintains, and operates, in accordance with regulations promulgated by the
Federal Communications Commission, a mobilc digital data conununications radio network
known as Pjcochct®, utilizing Radios (as defined in § 1.10 below) and related equipment
certified by the Federal Communications Commission.
For purpose of operating Ricochet®, Metxicom wishes to locate, place, attach, install,
operate, and maintain Radios in the Public Right-of-Way (a~ defined in § 1.9 below) on
lhcilitics owned by the City, as well as on facilities owned by third panics therein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree to the following covenants, terms, and conditions:
I. DEFINITIONS. For purposes of this Use Agreement, the following terms, p~ases, words,
abbrevialions and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the future tense; words
in the plural number include the singular number; words in the singular number include the
plural number; and the masculine gender includes the feminine gender. Unless otherwise
expressly stated, words not defined herein shall be given the meaning set forth in applicable
Law and, if nor defined therein, the words shall be given their common and ordinary
meaning. The word "shall" is always mandatory and not merely directory. The word "may"
is directory and discretionary, and not mandatory.
Adjusted Gross Revenues. "Adjusted Gross Revenues" me. ans the gross dollar
amount received by Metricore for its Services (as defined in § I. 12 below) provided
to subscribers with billing addresses in the City, excluding (i) any utility users' tax,
communications tax, or similar tax or fee; (ii) local, state. or federal taxes that have
been billed to the subscribers, and separately stated on subscribers' bills; and
(iii) revenue uncollectiblc from subscribers (i. e., bad debts) with billing addresses in
the City that was previously included in Adjusted Gross Revenues; provided that if
bad debt is subsequently collected, it shall be included in Adjusted Gross Revenues
in the period collected.
1,3
1.4
1,5
1,6
1.8
1.9
1,10
City. "City" means the City of , or the City of
acting through its authorized officers and/or employees.
Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of
general application to entities doing business in the City lawfully imposed by any
governmental body (but excluding any utility users' tax, franchise fees,
communications tax, or similar tax or fee).
Installation Date. "Installation Date" shall mean the date that the first I,~dio is
installed by Metricore pursuant to this Use Agreemere.
Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions.
regulations, judicial decisions, roles, tariffs, edministralive orders, certificates,
orders, or other requirements of the City, the State or' Minnesota, the federal
government or any governmental agency havingjolnt or several jurisdiction over the
parties to this Use Agreement.
Metricam. "Metricam' means Metricam, Inc., a corporation duly organized and
existing under the laws of the State of Delaware, and its lawful successors, assigns,
and transfereeL
MPUC. "MPUC" means the Minnesota Public Utility Commission.
Municipal Facilities. "Municipal Facilities" means City-owned street light poles,
lighting fixtures, electrollers, or other City-owned structuxes located within the
Public Right-of-Way and may refer to such l~eilities in the singular or plural, as
appropriate to the context in which used.
Public Right-of-Way. "Public Right-of-Way" means the space in, upon, above,
along, acrnss, and over the public streets, roads, highways, lanes, car~ways, courts,
ways, alleys, boulevards, sidewalks. bicycle lanes, and places. including all public
utility easements and public service easements as the same now or may hereafter
exist, that are under the jurisdiction of the City. This term shall not include county,
state, or federal fights-of-way (except that which is subject to the jurisdiction of the
City) or any prope~y owned by any persnn or entity, including the City, except as
provided by applicable Laws or pursuant to an agreement between the City and
Metricore, or the City and any such person or entity. If the City adjusts its
boundaries pursuant to Minn. Suit., Chap. 414 through annexation, incorporation,
combination, detachment, or other means, this Use Agreement shah be binding on
the entire area within the City's boundaries after Lhe adjustment.
Radio. "Radio" means the radio equipment, whether referred to singly or
collectively, to be installed and operated by Metricam hereunder.
2
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1.11
Ricochet MCDN. "Kicochet MCDN" means Ricochet MicroCellular Data Network,
a digital wireless data communications microcellular radio net~'ork that provides
Services.
1.12
Services. "Services" means the mobile digital communications data services
provided through the Ricochet MCDN by Metricore, which services consist
principally of'wireless Internal, e-mail and local area network access and may include
transmission of sound and video images; provided, however, that "Servi~s" shall not
be construed. interpreted or applied to authorize either real ti me talecommunications
services (including telephone and voice) or video or cable services, except as may be
considered standard Interact content.
TERM. This Use Agreement shall he effective a.s of the Effective Date and shall extend for
a term of nine (9) years conm~encing on the Installation Date, unless it is earlier terminated
by either par~y in accordance with the provisions herein. The lerm of this Use Agreement
sha/I be renewed automatically for three (3) successive terms of five (5) years each on the
same terms and conditions as set forth herein, unless either party notifies the other of its
intention not to renew not less that one hundred eighty (l g0) calendar days prior to
commencement of the relevant renewal term.
SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricore under
this Use Agreement, which shall he exercised at Metricore's sole cost and expense, shall be
subject to the prior and continuing right of the City under applicable Laws to maintain the
Public Right-of-Way and Municipal Facilities, and to use any and all parts of the Public
Right-of-Way and Municipal Facilities exclusively or concurrently with any other person or
entity and shall be f'urther subject to all deeds, easements, dedications, conditions. covenants,
restrictions, cnctanbrances, and c/aims of title of record which may affect the Public Right-
of-Way. Nothing in this Use Agreement shall bc deemed to grant, convey, create, ot vest in
Metricore (i) a real property interest in land, including any l~e, leasehold interesl, or
easemcnt, or (ii) any property intorest in Municipal Facilities. In addition, nothing hcrein
shall limit the Ciry's ability to exercise its police powers, to the full extent permitted by
applicable Law. Any work performed pursuant to the fights grantcd under this Use
Agreement shall be subject to thc reasonable prior review and approval of the City.
3.1
Attachment to Municipal Facilities. Subject to Mctricom's obligation to obtain
any permits or approvals as might be required under applicable Laws or the City's
charter, standards or guidelines, the City hereby authorizes and permits Metricore to
enter upon the Public Right-of-Way to locate, place, attach, insulll, operate, maintain,
remove, reanaeh, reinstall, relocate, and replace Radios in or on Municipal Facilities
for the sole purposes of operating a Ricochet MCDN and providing Services. !n the
event of a conflict between the requiremares of any applicable City permit or
approval and Metricom's obligations pursuant to this Use Agreement, the tem~s of
3
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3.2
3.3
3.4
the Use Agreement shall prevail. In addition, subject to the provisions of § 4.3
below, Metficom shall have the right to draw electricity for the operation of the
Radios from thc power source associated with each such attachment to Municipal
Facilities.
Attachment to Third~Parly Propert~. Subject m applicable Laws a,~d to obtaining
the permission of the owner(s) of the afl~:'eted property, the City hereby authorizes
and permits Metricore to enter upon the Public Right-of-Way and to anach, install,
operate, maintain, remove, reattach, reinstall. relocate, and replace Radios in or on
poles or other structures owned by public utility companies or other property owners
located within the Public Right-of-Way as may be permitted by the public utility
company or prol~rty owner, as the case may be, for the sole purposes of operating
a Ricochet MCDN and providing Services. Upon request, Metricore shall furnish m
the City documenlation of such pemtission from the individual utility or properly
owner responsible. The City agrees to cooperate with Metricore, at no cost or
expense to the City, in obtaining where necessary the consents of third-party owners
of property located in the Public Right-of-Way.
No Interference. Metricore in the performance and exercise of its rights and
obligations under this Use Agreement shall not interfere in any manner with the
existence, operation, installation, maintenance, construction and reconstruction of
any and all public and private rights-of-way, sanitary sewers, water mains, storm
drains, gas mains, poles, aerial and underground electrical and telephone wires.
electrollers, cable television facilities. and other information or communications,
utility, or municipal property, without the express written approval of the owner or
owners of the affected property or properties, except as penaltied by applicable Laws
or this Use Agreement. Upon reasonable written notice from Metricore, the City
agrees to use reasonable efforts to requite the inclusion of the Same or a similar
prohibition on interference as that stated above in all agreements and franchises the
City may enter into after the Effective Date witIt other information or
communications providers and carriers.
3.3.1
Interference Resolution, Any actual or anticipated radio interiOronce caused
by either the presence of the Radios or the presence of any such nther
communications equipment or devices in the Public Right-of-Way shall be
resolved by Metricam and any such other proriders without cost (o City on
the basis of the applicable rules, regulations. practices, and procedures of the
FCC.
Compliance with Laws. Metricore shall comply with all applicable Laws in the
exercise and performance of its rights and obligations under this Use Agreement.
If required by law or regulation. Metricore shall obtain all required approvals from
appropriate governing authorities. The Right-of-Way Management Reimbursement
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provided for in § 4.1 below shall be in lieu of all other City t~es, with the exception
of any City permits and permit fees required for the installation, repair, relocation
and replacement of Radios. City shall promptly respond to Metricom's filings and
shall otherwise cooperate with Meltloom in facilitating the deployment of its
Ricochet MCDN on Municipal Facilities in a reasonable and timely manner.
3.5
Location and Installation of Radios. The proposed locations of Metficom's
planned installation of Radios shall be determined subject to the reasonable prior
review and approval of the City, promptly after Metricore's review of 0vai lable street
light maps and prior to deployment of the Radios. Upon the completion of
installation, Metricore promptly shall furnish to the City a pole list showing the exact
location of the Radios in the Public Right-of-Way. Any subsequent removal or
reloeation of Radios shall be disclosed to the City, in writing, within thirty (30) days
of the date that the relocation or removal is initiated.
3.6
Permitted Use of the Public Right-of-Way and Municipal Facilities, The scope
of the permitted use of the Public Right-of-Way and Municipal Facilities is limited
to the specific authorization granted in this Use Agreement, and such rights that are
necessarily incidental thereto to such authorization.
COMPENSATION; UTILITY CHARGES. Metxicom shall be solely responsible Ibr the
payment of all lawful Fees and other applicable levies in connection with Metricom's
performance under this Use Agreement.
4.1 Right-of-Way Management Reimbursement. In order to reimburse City for any
right-of way management costs it may incur during the term of this Use Agreement
tbllowing the initial deployment of the Radios in connection with Metricom's entry
upon a~d deployment within the Public Right-of-Way, Metricore shall pay to the
City, o~ an annual basis, an amount equal to one percent 0%) of Adjusted Gross
Revenues (the "Right-of-Way Management Reimbursement"), which amount shall
be remitted to City as provided herein. The parties agree that such Right-of-Way
Management Reimbursement represents a fair estimate of the costs of continuing
management of the Public Right-of-Way utilized by Metricore and that such Right-
of-Way Management Reimbursement is not a franchise fee or payment for use of the
Public Right-of-Way. The Right-of-Way Management Reimbursement shall be
payable for the period commencing upon the date that Services are offered to paying
subscribers within the City using Radios installed pursuant to this Use Agreement
and ending on the date of termination of this Use Agreement, and shall he due on or
before the 45'h day after the end of each calendar year or fraction thereof. Within
forty-five (45) days after the termination of this Use Agreement, compensation shall
be paid for the period elapsing since the end of the last calendar year tbt which
compensation has been paid. Metricore shall fia'nish to tile City with each payment
of compensation required by this section a statement, executed by an authorized
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officer of Metricam or his or her designee, showing, in detail, the amount of
AdjustedGrossRevenuesfortheperiodcoveredbythepayment. [fMetricomorthe
City discovers any error in the correct amount of compensation due, the City shall
he paid within thirty (30) days of discovery of the error or determination of the
correct amounl Any overpayment to the City through error or otherwise shall be
refunded or offset against the next payment due. Acceptance by the City of any
payment due under this section shall not b~ deemed to be a waiver by the City of any
breach of this Use Agreement occurring prior thereto, nor shall the acceptance by the
City of any such payments preclude the City from lal~r establishing that a larger
amount was actually due or from collecting any balance due to the City. The City
may, at any time, at the City's sole option, upon ninety (90) days written notice,
require Meu-icom to discontinue the RighFof-Way Management Reimbursement
compensation. Upon receiving such notice Metricore shall, no later than ninety (90)
days after receiving such notice, cease making all compensation payments that would
have ben payable after such ninety (90) day notice period. If the City requires such
a diseominuation of Right-of-Way Management Reimbursement compensation. the
City may then charge, on an annual basis, ils actual Right-of-Way management costs
(pursuant to Minnesota Statutes Sec. 237.162, SuM. 9 and Sec. 237. 163, S ubd. 2(b)),
that are incurred after the expiration of the ninety (90) day period described above.
Metri eom shall only be liable for such actual annual Right-of-Way management costs
to the extent such costs exceed the annual retai I value of the service subscriptions for
which the City is eligible under Section 4.5 of this Use Agreement.
4.1.1
Reduction of Right-of-Way Management Reimbursement by Amount of
Utility Users or Communications Tax. Notwithstanding anything to the
contrary in this Use Agreemenl. if the Services are subject to a utility users
tax, communications tax, or other similar hax or fee which accrues to the City
by operation of the City's Municipal Code or other applicable Law. then the
amount of the Right-of-Way Management Reimbursement shall be reduced
by the amount of the applicable utility users tax, communications tax, or such
other similar tax or fee.
4.1.2
Accounting Mailers. Merricom shall keep accurate books of account at its
principal office in Los Gatos or such other location of its choosing for the
purpose of determining the amounts due to the City under § 4.1 above. The
City may inspect Metrieom's books of account relative to tile City at any time
during regular business hours on ten (10) business days' prior written notice
and may audit the books from time to time at the City's sole expense, but in
each case only to the extent necessary to confirm the accuracy of pay,nents
due under § 4.1 above. Altematively, MeU'icom shall make available for
inspection by the City at Metricom's office located closcsl to the City, upon
ten (10) business days' prior written notice, the relevant portions of its books
and records as reasonably necessary to confirm the accuracy of any payments
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4.2
4.4
due the City under this Use Agreement. Should an audit perthtreed pursuant
to this paragraph disclose an underpayment of amounts due under this Use
Agreement, then Metricore shall pay to the City the amount of the
underpayment. If the results of any audit indicate that Metricore underpaid
the Right-of-Way Management Reimbursement by more than live percent
(5%), then Metricore shall also pay the reasonable cosks of the audit, up to a
maximum of two (2) times the amount of the underpayment. The City agrees
to hold in confidence any non-public infommtion it learns fi'om Metricore to
the fullest extent permitted By Law.
Annual Fee. As compensation for the use of Municipal Facilities, Metricore shall
pay to the City an annual fee (the "Annual Fee") in the amount of Sixty Dollars
($60.00) per Municipal Facility, if any, upon which a Radio has been installed
pursuant to this Use Agreement. Where light poles or other facilities to be used by
Metricore within the Public Right-of-Way are owned by a utility, such annual fee
shall be paid to the appropriate utility and not to the City. The aggregate Annual Fee
with respect to each year of the term of this Use Agreement shall be an eanount equal
to the number of Radios installed on Municipal Facil tries during the preceding twelve
(12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due
and payable not later than tbrty-five (45) days after each anniversary of the
Installation Date. City represents and covenants that City owns all Municipal
Facilities for the use of which it is collecting from Metricore file Annul Fee pursuant
to this § 4.2.
4.2.1
CPi Adjustment. The Annual Fee shall be increased annually, on the
anniversary of the Installation Date of this Use Agreement. by a percentage
amount equal ~ the percentage increase, if any, in the U.S. Department of
Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All
Consumers, 1982-1984~100) which occurred during the previous five-year
period for the Midwest Urban Region Consolidated Metropolitan Statistical
Electricity Charges. Metricore shall be solely responsible tbr tile payment of all
electrical utility charges to the applicable utility company based upon the Radios'
usage of electricity and applicable tariffs.
Reimbursement ofCity's Prnjeet Review Expenses. Metricore shall reimburse the
City for reasonable attorn~y's fees and other project review expenses relating to the
prepar~ion and review of this Use Agreement, promptly upon receipt of itemized
bills, paid invoices, and other such documentation as Metricore shall reasonably
require, and in a total amount not m exceed Two Thousand Dollars ($2,000). The
reimbursement provided for in this § 4.4 shall not replace or excuse Meu'icom from
the payment of any applicable permit fee. Likewise, the reimbursement provided lbr
7
4.5
4.6
herein shall not be offset against the Armual Fee or the Right-otLWay Management
Reimbmsement,
Municipal Subscriber Program. City shall have the right throughout the term of
this Us~ Agreement to r~,'ive up to the maximum number specified below (based
upon the City 's population) offi'ee R~cochet MCDN basic service subscri ptions. The
number of free subscriptions which the City may receive shall b~ determined iu
accordance with the City's official population, as shown on tire latest available
census dam, as fol lows: (a) for municipalities with a population of less than 100~000,
up to a maximum of ten (10) free subscriptions; (b) for municipalities with a
population of between 100,000 and 249,000, up to a maximum of fifteen (15) flee
subscriptions; (c) for municipalities with a population of between 250,000 and
500,000, up to a maximum of twenty (90) free subscriptions; and (d) for
municipalities with a population of over 500,000, up to a maximum of rwcnty-fiv~
(:~5) fr~ subscriptions. City shall designate one person who shall be responsible for
ordering and receiving any subscriptions. To take advantage of this program, the
designatcd individual should contact Metricom's Network Real Estate Department
at the address stated in § 9 below. City's right to use the subscriptions shall
commence at the time that Ricochet MCDN service is available in the City and shall
extend until the expiration of the term of this Use Agreement or through the length
of time that Radios ~e deployed in the Public Right-of-Way, whichever is longer.
City's use of the flee sabsctiptions shall be subject to the standard Ricochet MCDN
terms and conditions of use. The City understands and agrees that moderns and any
equipment required to utilize the subscriptions, and any additional service
subscriptions or service options the City may desire, may bee obtmned from an
authorized retailer at market rates current from time to time. The City shall use all
subscriptions provided pursuant to this section solely for its own us~ and shall not be
entitled to resell, distribute. or otherwise permit the use of same by any other person,
excepting a local public entity that provides public service within the corporate
boundaries of the City (e.g., municipal schools, public sal~ty, or tire departments,
etc.). The level of benefits and service provided to City by Metricore as '~basic
service" shall not be diminished or reduced during the term of this Use Agreement
or renewal thereof or prior to the cancellation or termination of this Use Agreement,
as the case may
Most-Favored Municipality Clause, Should Metricore after the parties' execution
and delivery of this Use Agreement enter into a right-of-way permit and facility use
agreement with another municipality in the seven-county Minneapolis/St. Paul
metropolitan area, which agreement contains either (a) a higher Right-of-Way
Management Reimbursement as described in § 4. 1 above, or (b) a hi gher A~nual Fee
as described in § 4.2 above. or (c) a higher amount of Reimbursement of City's
Project Review Expenses as described in § 4.4 above, City shall have the right to
require that Metricore modify this Use Agreement to incorporate the same or
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substanlially similar superior benefits and such other terms.
lIELOCATION, ABANDONMENT AND DISPLACEMENT OF RADIOS;
MAINTENANCE. Metricore understands and ackaowledges tltat City may require
Metricore to relocate one or more of its Radios, and Mctricom shall at City's direction
relocate such Radios at Metricom's sole cost and expense, whenever City, in its sole
discretion, determines that the teloration is needed for any of the following purposes: (a) if
required for the construction, completion, repair, relocation, or maintenance ofa C try project,
City property or Public Rights-of-Way; (b) because the Radio is interferi ng with or adversely
affecting proper operation of City-owned light poles, traffic signals, communications systems
or other Municipal Facilities; or (c) to protex~ or preserve the public health or sa.fi:ty. in any
such case, City shall use reasonable efforts to afford Metricore a reasonably equivalent
aRemate location with no duty to incur any expenses or cost to City. [f Metricom shall fail
to relocate any Radios as requested by the City within a reasonable time under the
circumstances in accordance with the foregoing provision, City shall be entitled to relocate
the Radios at Meu'icom's sole cost and expense, without f~'ther notice to Metricore. The
City shall not be liable to Metricore for any damages caused by City relocation of Radios
under tiffs Use Agreement. To the extent the City has actual know/edge thereof, the City will
attempt promptly to inform Metricore of the displacement or removal of any pole on which
any Radio is located.
5.1
Relocations a$ Metrkom's Request In the event Metrieom desires to relocate any
Radios from one Municipal Facility to another, Metricore shall so advise City. City
will use reasonable eflbrts to accommodate Metricore, to the extent possible, by
making another reasonably equivalent Municipal Facility available for use in
accordance with and subject to the terms and conditions of this Use Agreement.
Damage to Public Righl-of-Way and City Properly. Whenever the installation,
removal or relocation of Radios or any Ricochet MCDN facilities is required or
permitted under this Use Agreement, and such installation, removal or relocation
shah cause the Public Right-of-Way or any City property to be damaged, Metricore,
at its sole cost and expense, shall promptly repair and return the Pub] ic Right-of-Way
or the affected City proper~y (as applicable) to the same conditions as those
prevailing prior to Metricom's work, nom~al wear and tear excepted. If Metricore
does not repair the site or property as just described, then the City shall have the
option, upon fifteen (15) days prior written notice to Metricore, to pedbrm or cause
to be performed such reasonable and necessary work on behalf of Metrieom and to
charge Metricom for the proposed costs to be incurred or the actual costs incurred by
the City at City's s~andard rates. Upon receipt of a demand for payment by the City.
Metricore shall promptly reimburse the City for such costs.
Disconlinuanee of Service. Upon the expiration or termination of the term of this
Use Agreement (as the same may be mended by the agreement of the parties),
9
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Metricore shall remove its Radios from the Public Right-of-Way within six (6)
months from the date of such expiration or termination./fatty Radio subject to this
Use Agreement is abandoned and no longer placed in service for a period of six (6)
months or more, Metricore shall promptly notify the CiW and the City may, at its
option, require Metricore to remove the abandoned Radio(s) at Mctricam's sole cost
and expense or dedicate the same to the City. The City shall not issue notice to
Metricore that the City intends to exercise the option to require removal or dedication
of Radios, unless and until the City first gives fifteen (15) days' prior written nmice
to Metricore to remove the Radios. IfMetricom shall fail to remove the Radios as
required by the City, the City shall be entitled to tenjove and store the Radios at
Metricom's sole cost and expense.
INDEMNIFICATION AND WAIVER. Metricore agrees to indemnify, defend, protect,
and hold harmless the City. its council members, commissions, commissioners, boards,
agents, officers, and employees from and against any and all claims, demands, losses.
damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and
orders, judgements, and all costs and expenses incurred in connection therewith, including
reasonable attomcy's fees and costs of defense (collectively, the "Losses") directly or
proximately resulting from Mctricom's activities undertaken pursuant to this Use Agreement,
except to the extent arising fvnm or caused by the negligence or willful misconduct of the
City, its council members, officers, employees, agents, or contractors. The foregoing
notwithstanding, Metricore sha/l defend and indemnify the City, and its officers and
employees, even in the case of negligence, nnlcss the allegations allege (a) independent
negligence on the pan of the City, its officers and employees or (h) a wrongful act or
omission on the part of the City or its officers or employees. Metricore shall also defend and
indemnify the City, its officers and employeest even in the case of negligence. if the
allegations axe based on the City's or its officers or employees' negligence or otherwise
wrongful act or omission in issuing a permit to Metricore or approving this Use Agreement,
or in failing to properly or adequately inspect or enforce compliance with the terms,
conditions or purpose of any permit issued to Metricore.
6.1
Waiver of Claims. Mel~icom waives any and all claims, demands, causes of action,
and righks it may assert against the City on account of any loss, damage, or injury to
any Radio or any loss or degradation of the Services as a result of any event or
occurrence which is beyond the reasonable control of the City or on account of City'
exercise of its regulatoty or police powers.
6.2
Limitation of City's Liability. Except for the relocation of Radios, th~ City shall
be liable only for the cost of repair to damaged Radios arising from the gross
negligence or willful misconduct of City, its employees, agents, or con~'actors.
INSURANCE. Metricore shall obtain and maintain at all times during the term of this Use
Agreement Commercial General Liability insurance and Commercial Automobile Liability
l0
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insurance protecting Metricore in an mount not tess than One Million Dollars ($1,000,000)
per occurrence (combined single limit), including bodily injury and properly damage. and
in an amount not less than One Million Dollars ($1.000,000) annual aggregate for each
personal injury liability and products-completed operations. The Commercial General
Liability insurance policy shall name the City, its council members, commissions,
commissioners, agents, boaxds, officers, and emp]oyces as additional insureds as respects any
covered liability arising out of Metricom's performance of work under this Use Agreement.
Coverage shall be in an occurrence form and in accordance with the limits and provisions
specified herein. Claims-made policies are not acceptable. The required insurance shall not
be canceled, nor shall the occurrence or aggregate limits set forth above be reduced, until the
City has received at least thirty (30) days advance written notice of such cancellation or
change. Metricore shall be responsible for noti lying the City of such change or cancellation.
Prior to any five (5)year renewal term, pursuant to § 2 of this Use Agreement, the City may
request and the patties shall bargain in good faith to increase the above minimum insurance
amounts, if such an increase is waxranted by industry standards or specific identified risk.
Such increase, if any, shall not be effective umil the comanencement of such renewal term,
7.1
Filing of Cerlrificates and Endorsements. Prior to the commencemere of any work
pursuant to this Use Agreement, Melricom shall file with the City the required
original certificate(s) of insurance with endorsements, which shall state the
following:
(a)
the policy number; name of insurance company; name and address of the
agent or authorized reprcsentative; name and address of insured; project
name; policy cxpiration date; and specific coverage amounts;
(b) that the City shall receive thirty (30) days prior notice of cancellation;
that Metricom's Commercial General Liability insurance policy is primary
as respects any other valid or collectible insurance that the City may possess,
including any self-insured retentions the City may have; and any other
insurance the City does possess shall be considered excess insurance only and
shall not be required 1o contribute with this insurance; and
(d)
that Metricom's Commercial General Liability insurance policy waives any
right of recovery the insurance company may have against the City.
The certificate(s) of insurance with endorsements and notices shall be mailed to the
City at the address specified in § 9 below.
7.2
Worh~rs' Compensation Insurance. Metricore shall obtain and maintain at all
times during the term of this Use Agreement statutory workers' compensation and
employer's liability insurance in an amount not less than One Million Dollars
I1
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($1,000.000) und Shall furnish the City with a certificate showing proof of such
coverage. The Cily shall not, under any circumstances, be required or obligated to
provide workers' compensation benefits to any officer, employee, agent, contractor,
or subcontractor of Metricore.
7.3
Insurer Criteria. Any insurance pro',ider of Metricore shall be admitted and
authorized to do business in the State of Mirmesota and shall carry a minimum rating
assigned by A.M Best & Company's Key Rating Guide of "A" Overall and a
Financial Size Category of "X" (i.e., a size of $500.000,000 to $750,000,000 based
on capital, surplus, and conditional reserves). Insurance policies and certificates
issued by non-admjnM insurance companies are nol acceptable.
7.4.
Severabilily of Interest. Any deductibles or self-insured retentions must be slated
on the certificate(s) of insurance, which shall be sent to and approve by the City.
"Severability of interest" or "separation of insureds" clauses shall be made a part o f
the Commercial General Liability and Commercial Automobile Liability i~fiieies.
BOND OR O'rHER SECtlRITY. Prior to the commencement of any work under this Use
Agreement, Metxicom shall furnish or cause to be furnished lo the City a good and sufficient
bond, substantially in the form attached hereto as Exhibit A. entitled Surety Bond, in the
amount ors , or such other comparable security instrument as may be
approved by the City's attorney or risk manager, securing the faithful performance by
Metricore of all the work, construction, installation and removals required to be performed
by Metricom under this Use Agreement within the time periods set forth hereunder.
NOTICES, All notices which shall or may be given pursuant to this Use Agreement shall
be in writing and delivered personally or transmitted (a) through the United Slates mail, by
registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery
service; or (c) by facsimile or e-mail transmissiom ira hard copy of the same is followed by
delivery tl'u'ough the U.S. mail or by overnight delivery service as just described, addressed
as follows:
if to the City'
City of [NAME OF MUNICIPALITY]
Anention: (NAME OF CONTACT)
[ADDRESS]
[Name of Municipality, MN [ZIP]
ij to Metricore
METR/COM, INC.
Attention: Network Real Estate
12
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10.
11.
12.
9g0 University Avenue
Los Gatos, CA 95032
9.1
Date of Notices; Changing Notice Address. Notices shall be deemed given upon
receipt in the case of personal delivery, three (3) days after deposit in the mail, or the
next business day in the case ofi~csimile, e-mail, or overnight delivery. Either party
may from time to time designate any other address tbr this purpose by written notice
to the other party delivered in the manner set forth above.
TERMINATION. This Use Agreement may be terminated by either party upon forty-five
(45) days prior written notice to the other party upon a default of any material covenant or
term hereof by the other party, which default is not cured within forty-five (45) days of
receipt of wrinen notice of default (or, if such default is not curable within forty-five (45)
days, if'he defaulting party fails to commence such cure w~thin tbtzy-~ve (45) days or fails
thereafter diligently to prosecute such cure to completion), provided that the grace period for
any monetary default shall be ten (10) days from receipt of notice. Except as expressly
provided herein. the rights granted under this Use Agreement are irrevocable during the tenn.
ASSIGNMENT. This Use Agreement and any right or interest herein shall nm be
transferred or assigned by Melxicom without the prior wrinen consent of the City, which
consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the
lbregoing, the transfer or assignment of the rights and obligations of Metricom hereunder to
a patent, subsidiary, or financial ly viable affiliate of Metricom or to any succassor-in-interest
or entity acquiring all or substantially all of Metncom's outstanding voting stock or assets
shall not be deemed a transfer or assignment for the purposes of this Use Agreement.
provided that (i) any such transferee w~ll have a financial strength after the proposed transfer
at least equal to that of Metricom prior to the transfer, (ii) any such transferee assumes all of
the obligations of Metricore hereunder, (iii) Met~com shall not be released from the
obligations of this Use Agreement by virtue of such transfer and (iv) the experience and
technical qualifications Of the proposed transferee, either alone or together with Metricore's
management team, evidenees anability tooperatethe Ricochet MCDN. Meu'icon~shall give
the City thirty (30) days' prior wrillen notice of any prolx~sed transfer for which notice is
r~lulred hereunder, and the City 's consent shall be deemed approved unless the City objects
in writing with such 3 O-day period. No transfer or assignment of this Use Agreement for any
interest or right herein) may be approved without the transferee becoming a signatory to this
Use Agreement, and assuming all rights and obligations hereunder.
MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally
to the obligations of the parties under this Use Agreement.
12.1
Nonexclusive Use. Mdricom understands that this Use Agreement doesnot provide
Me~com with exclusive use of the Public Right-of-Way or any Municipal Facility
and that City shall have the right to permit other proriders of communications
13
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12.2
12.3
12.4
12.5
services to install equipment or devices in the Public Right-of:Way and on Municipal
Facilities. City agrees to use reasonable efforts to promptly notify Metricore of the
receipt of a proposal for the installation of communications equipment or devices in
the Public Right-of-Way or on Municipal Facilities. In addition, City agrees to use
reasonable efforts to advise other proriders of communications services of the
presence or planned deployment of the Radios in the Public Right-of-Way and/or on
Municipal Facilities.
Waiver of Breach, The waiver by either party of any breach or violalion of any
provision of this Use Agreement shall not be deemed ~o be a waiver or a continuing
waiver of any subsequent breach or violation of the same or any other provision of
this Use Agreement. Any failure or delay of City to require or enforce prompt
compliance wilh the t~'rms of this Use Agreement shall not be considered a waiver,
and Metricom shall not be relieved of its obligations to comply with this Use
Agreement by virtue of such a failure or delay. The City may only waive its rights
hereunder by expressly so stating in writing
Severability of Provisions. If any one or more of the provisions of this Use
Agreement shall be held by a court of competent jurisdiction in a final judicial action
to be void, voidable, or unenforceahle, such provision(s) shall be deemed severable
from the remaining provisions of this Use Agreement and shall not affect the legal ity,
validly, or constitutionality of the remaining portions of this Use Agreement;
provided, however, that ifa courz of competent jurisdiction determines that a severed
provision materially alters the contractual relationship created here/n, the City may
choose to terminate this Use Agreement, with no damages, costs or expenses
attributed to the City. Notwithstanding the foregoing, the parties agree that ifa court
or administrative agency of competent jurisdiction should declare a provision(s) of
.~ 4 of this Use Agreement invalid, then the parties shall each be obligated to
negotiate in good faith to amend § 4 of this use Agreement and if, a~r~er one hundred
and eighty (180) days from the commencement of negotial ions or sucl~ extension
thereof that may be agreed by the patties, the parties are unable to reach agreement
on amendments hereto, then this Use Agreement may be terminated by either party.
Contacting Metricore. Metricore shall be available to the employees of the City
having juxisdietion over Metricom's activities ~wenty-four (24) hours a day, seven
(7) days a week, regarding problems or complaints resulting from the attachment.
installation, operation, maintenance, reincarton or removal of Radios and the
Ricochet MCDN. The City may contact by telephone the network control center
operator at telephone number (800) 873-3468 regarding such problems or
complaints.
Governing Law; Jurisdiction. This Use Agreement shall be governed and
construed by and in accordance with the laws of Ihe State of Minnesota, without
14
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12.6
12.7
12.8
12.9
12.10
12.11
12.12
reference to its conflicts of law principles. If suit is brought by a parly to this Use
Agreement, the parties agree that trial of such action shall be vested exclusively in
the state courts of Minnesota, County of_ , or in the United States District Court
for the District of Minnesota.
Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to
litigation, the prevailing patty shall be entitled to recover its costs of suit up to an
amount of Five Thousand Dollars ($5,000.00), including (without limbalien)
reasonable attorneys' fees.
Consent Criteria. In any case where the approval or consent of one party hereto is
required, requested or other~se to be given under this Use Agreement, such party
shall not unreasonably delay, condition, or withhold its approval or consent.
Rights Cumulative. All rights and remedies given to City by this Use Agreement
or retained by City herein shall be in addition to and cumulative with any and all
other rights and remedies, existing or implied, now or hcreafier available to City, at
law or in equity, and such rights and remedies shall not be exclusive, but each and
every right and remedy specifically given by this Use Agreement or otherwise
existing or given may be exercised from time to time and as often and in such order
as may be deemed expedient by City, and the exercise &one or more remedies shall
not be deemed a waiver of the right to exercise at the same time or thereafter any
other right or remedy.
Representations and Warranties. Each of the parties to this Agreement represents
and warrants that it has the flail fight, power, [egal capacity, and aud~ority to enter
into and perform the pa.~ies' respective obligations hereunder and that such
obligations shall be binding upon such party without the requirement of the approval
or consent of any other person or entity in connection herewhh, except as provided
in § 3.:2 above.
Amendment of Use Agreement. This Use Agreernem may not be amended except
pursuant to a writ~n instrument signed by both parlies,
Entire Agreement. This Use Agreement contains the entire understanding between
the panics with respect to the subject runner herein. There are no representations,
agreements, or understandings (whether oral or wri t~en) between or among the parries
relating to the subject matter of this Use Agreement which are nol fully expressed
herein.
Binding Acceptance. This Use Agreement shall bind and benefit the patties herere
and their respective authorized heirs, beneficiaries, administrators, executors,
recdvers, trustees, successors and assigns.
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IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of
this Use Agreement, the duly authorized representatives of the parties have executed this Use
Agreement as of the Effective Date.
City: CITY OF
By:
Date:
, a Minnesota municipal corporation,
[name typed]
,2000
By:
Its;
Dale:
[name typed]
· 2000
Metricore
METR/COM, INC., a Delaware corporation.
By:
[name typed]
Its:
Date:
· 2000
16
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INOT ACCEPTED BY METRICOM IN COLUMBIA HEIGHTS]
EXHIBIT A
[FORM OF SURETY BOND]
Bond Number:
SURETY BOND
KNOW ALL MEN BY TI'IESE PRESENTS:
That METRICOM, INC. as Principal, and , incorporated under
the laws ofthe State of , and authorized to execute bonds and undertakings as
sole surety, are held and firmly bound unto , as Obligee, in the sum of
($ ); for the payment thereof, well truly to be made, said
Principal and Surety bind themselves, their administrators, successors and assigns, jointly and
severally, firmly by the presents.
The condition of the foregoing obligation is such that:
WHEREAS, the above bounden Principal is about to enter into a certain agreement with the
Obligee for the following: , the award of
which said agreement was made to the Principal by the Obligee, on
NOW THEREFORE, if the Principal shall well, u-uly and faith.fully perfurm its duties, all
the undertakings, covenants, terms, conditions, and provisions of said agreement daring the
original term thereof. and any extensions thereof which may be granted by the Obligee, with or
without notice to the Surety, and if he shall satisfy all claims and demands incurred under such
agreement. and shall fully indemnify and save harmless the Obligee from all costs and damages
which it may suffer by reason of failure to do ,so, and shall reimburse and repay the Obligee all
outlay and expenses which the Obligee may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the agreement or to
the work to be performed thereunder or the specifications accompanying the same shall in any
way affect its obligation on this bond, aqd it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
PROVIDED, HOWEVER, this bond is issued subject to the lbllowing express
conditions:
1. This bond shall be deemed continuous in form and shall remain in full force and effect
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until cancelled under Section ~., after which all liability ceases except as to any
liability incurred or accrued prior to the date of such cancellation.
The aggregate liability of the Surety hereunder on all claims whatsoever shall not exceed
the penal sum of this bond in any evere.
The surety reserves the right to withdraw as surety from this bond, except as to any
liability incurred and accrued, and may do so upon giving the Obligee si~:ty (60) days
written notice.
SIGNED AND SEALED this
day of ,2000.
PRINCIPAL SURETY
By:
By:
Title
(Type Company Name)
By:
Title
Address:
Phone:
(Affix Corporate Seals)
(Attach Acknowledgments of both Principal and Surety signatures)
Gent Oy: BERNICK LIFSON P.A, 612 546 1003; 04/17/00 5:46PM;Jeffax #543;Page 22/40
CITY OF
RIGHT-OF-WAY PERMIT AND FACILITY USE AGREEMENT
THIS PdGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of
, (the "Effective Date"), and entered into by and between the CITY OF
· a Minnesota local government unit (the "City"), and METP..ICOM, INC.,
a Delaware corporation ("Metricore").
RECITALS
Metricore owns, maintains, and operates, in accordance with regulations promulgated by the
Federal Communications Commission, a mobile digital data communications radio network
known as RicochetS, utilizing Radios (as defined in § 1.10 below) and related equipment
certified by the Federal Communications Commission.
For purpose of operating Ricochet®, Metricom wishes to Iocatc, place, anach, insutll,
operate, and maintain Radios in the Public Right[-loll-]Way (as defined in § 1.9 below) on
facilities owned by the City, as well as on lhcilit/es owned by third parties therein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree m the following covenants, terms, and conditions:
DEFINITIONS. {The following dc~nitiol~a shall apply g~ncrally t~ ~,c pro~ions) [For
purposes] of this Use Agreementl, the following terms, phrases, words, abbreviations
and their derivations shah have the meaning given henin. When not inconsistent with
the context, words used in the present tense include the future lease; words in the
plural number include the singular number; wnrds in the singular number include the
plural number; and the masculine gender includes the feminine gender. Unless
otherwise expressly stated, words not defined herein shall be given the meaning set
forth in applicable Law and, if not defined therein, the words shall be given their
common and ordinary meaning. The word "shall" is always mandatory and not merely
directory. The word "may" is directory and discretionary, and not mandatoryI.
!.l
Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross dollar
amount received by Metricore for its Services (as defined in § { I. I I } 11.12] below)
provided to subscribers with billing addresses in the City, excluding (i) any utility
users' tax, communications tax, or similar tax or fee; (it) local, state, or federal taxes
that have been billed to the subscribers, land] separately stated on subscribers' bills;
and [
](iii) revenue uneollcctibie from subscribers (i. e., bad debts) with billing addresses
in the City that was previously included in Adjusted Gross Revenues[; provided that
if bad debt is subsequently collected, it shall be included in Adjusted Gross
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
Revenues in the period collected].
City, "City" mea~s the City of [, or the City of
acting through its authorized officers and/or employees].
Fee. 'Tee" means any assessment, license, charge, fee, imposition, tax, or levy of
general application to entities doing business in the City lawfully imposed by any
governmental body (but excluding any utility users' tax, franchise fees,
communications tax. or similar tax or fee).
Installation Dale. "Installation Date" shall mean the date that the first Radio is
installed by Metricore pursuant to th/s Use Agreement.
Laws. "Laws" means any and all statutes, constitutions, ordinanccs, resoJutions,
regulations, judicial decisions, rules, tariffs, administrative orders. ceai~catcs,
orders, or other requirements of the City ~'~'t~'~'i, the State of Minnesota, the
federal government or nny) governmental agency having joint or several
jurisdiction over the parties to this Use Agreement.
Metrkom. "Metricore" means Metricore, Inc., a corporation duly organized and
existing under the laws of the Slate of Delaware, and its lawful successors, assigns,
and transferees.
MPUC. "MPUC" means the Minnesota Public Utility Commission.
Municipal Faeilitieso "Municipal Facilities" means City-owned street light poles,
lighting fixtures, electrollen, or other City-owned structures located within the
Public Right[-loll-]Way and may refer to such facilities in the singular or plural, as
appropriate m the comext in which used.
Public Right[-]of[-lWny. "Public Right[-lofl-lWay" means the space in, upon,
above, along, across, and over the public streets, roads, highways, lanes, earlways,
cotins, ways, alleys, boulevards, sidewalks, bicycle lanes, and places. including all
public utility easements and public service easements as the same now or may
hereafter exist, that are under the jurisdiction of the City. This term shall not include
county, state, or federal rights .{-F/-.way-}-I-of-way (except that which is subject to
the jurisdiction of the City)] or any property owned by any person or entity ~
th. tm-}-I, including] the City, except as provided by applicable Laws or pursuant to an
agreement b~.~ween Ithe City and Metricore, or] the City and any such person or
entity. If the City adjusls its boundaries pursuant to Minn. Star., Chap. ,,14 through
annexation, incorpontion, combination, detachment, or o~her means, this Use
Agreement shall be binding on the entire area within the City's boundaries a~er the
adjustment.
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1.10 Radio. "Radio" means the radio equipment, whether referred to singly or
collectively, m be installed and operated by Mefncom hereunder.
!.11
[Ricochet MCDN. "Ricochet MCDN' means Ricochet MicroCellular Data
Network, a digital wireless data communications microcellular radio network
that provides Services,
1.121
Sen'lees. "Services" means the mobile digital communications ]data] services
provided through { Rioocltet~ } [the Ricochet MCDN I by Metricont, which services
consist principally ofwirekss Interact, e-mail and local area network access and may
include transmission ofsoxmd and video images; provided, however, that "Services"
shall not be construed, interpreted or applied to authorize either real time
teleeommunications services (including telephone and voice) or video or cable
{tcJcvi~iorx conuntmicatio.,,s} services[,] except as may be considered standard
Internet contern.
TEKVl. This Use Agreement shall be effective as of the Effective Date and shall extend for
a term of nine (9) years commencing on the installation Date, unless it is earlier terminated
by either party in accordance with the provisions herein. The term of this Use Agreement
shall be renewed automatically for ~u'ee (3) successive terms of five (5) years each on the
same terms and conditions as set lbrlh herein, unless either party notifies ~e other of its
intention not to renew not less that one hundred eighty (180) calendar days prior to
commencement of the relevant renewal term.
SCOPE OF USE AGREEMENT. Any and all fights expressly granted to Metricore under
this Use Agreement, which shall be exercised at Metficom's sole cost and expense, shall be
subject to the prior and continuing right of the City under applicable Laws to [maintain the
Public Right-of-Way and Municipal Facilities, and toI use any and all parts of the Public
Right ~c,f W-':y } [-of-Way and Municipal Facilities] exclusively or concurrently with any
other person or enti~ and shall be further subject to all deeds, easements, dedications,
condilions, covenants, restrictions, encumbrances, and claims of title of record which may
affect the Public Rightl-]ofi-lWay. Nothing in this Use Agreement shall he deemed to grant,
convey, create, or vest in Metricore I(i)] a real property interest in land, including any fee,
leasehold interest, or easerecall, or (it) any property interest in Municipal Facilities. In
addition, nothing herein shall limit the City's ability to exercise its police powers, to the
full extent permitted by applicable Lawl. Any work performed pursuant to the fights
granted under this Use Agreement shall be subject to the reasonable prior review and
approval of the City.
3.1
Attachment to Municipal Facilities. {The} lSubject to Metricom's obligation to
obtain any permits or approvals as might be required under applicable Laws
or the Cily's charter, standards or guidelines, the] City hereby authorizes and
permits Metxicom to enter upon the Public Right[-]ofl-] Way {~;d } to locate, place,
4
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3.2
3.3
attach, install, operate, maintain, remove, reattach, rcinstaZZ, relocate, and replace
Radios in or on Municipal Facilities for the }sole} purposes of operating
{Ricochet®lie Ricochet MCDN] and providing Services. IIn the event of a
conflict bonycon the requirements of any applicable City permit or approval
and Metricom's obligations pursuant to this Use Agreement, the terms of the
Use Agreement shall prevail.] In addition, subject to the provi sions of § 4.3 below,
Melricom shall have the right to draw electricity for the operation of the Radios from
the power souxee associated with each such attachment to Municipal Facilities.
Attachment to Third-Party Property. Subject to applicable Laws and to obtaining
the permission of the ov~er(s) of the affected property. the City hereby authorizes
and pennies Metficom to enter upon the Public P, ighq-Jofl-]Way and to attach.
install. operate, maintain, remove, renteach. reinstall. relocate. and replace Radios in
or on poles or other smactures owned by public utility companies or olher property
owners located within the Public Pjght[-Jof[-] Way as may he penn itzed by the public
utility company or property owner, as the case may bel,] tbr the Isole| purposes of
operating { l~icochct®} [a Ricochet MCDN] and providing Services. Upon request,
Metricore shall famish to ~e City documentation of such permission from the
individual utility or property owner responsible. ITbeI City agrees to cooperate with
Metricore. at no cost or expense to [the] City, in obtaining where necessary the
consents of third-party owners of propert,/located in the Public Rightl-]oq-lWay.
No Interference. Metxicom in the pen~rmance and exercise of its fights and
obligations under this Use Agreement shall not interfere in any manner with the
existence {ta~d operalion }], operation, installation, maintenance, construction
and reconstruction] of any and all public and private rights[-]ot]-Jway, sanitary
sewers. water mains, storm drains, gas mains, poles. aerial and underground electrical
and telephone wires, electroliars, cable television [facilities], and other information
or communleations. utility, nr municipal property. without the express written
approval of the owner or owners of the afl~cted property or properties. except as
permitted by applicable Laws or this Use Agreement. iUpon reasonable written
notice from Metricore, thai City agrees to use reasonable efforts to require the
inclusion of the same or a siretim' prohibition on interl~rence as that sta,ed above in
all agreements and franchises [the] City may outer into after the Ef1~ctive Date with
other information or Communications providers and carriers.
3.3.1
Interference Resolution. Any actual or anticipated radio inlerferene~ caused
by either the presence of the Radios or the presence of any such other
communications equipment or devices in the Public Rightl-]ofl-]Way shall
be resolved by Metricore and any such other proriders without cost ~o City
on the basis of the applicable rules, regulations. practices, and procedures of
the FCC.{ C~ty ngr~.',;s to ass;st Mcttieom in the l'c, sott.tion of any such
int~t~rctKc diaputc at Mctricom's sate cxpensc.}
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3.4
Compliance with Laws. Metricam shall comply with all applicable Laws in the
exercise mid pertbrmance of its rights and obligations under this Use Agreement.
ill required by law or regulation, Metricore shah oblain all required approvals
from appropriate governing authorities.] The Right-of-Way Management
Reimbursement provided for in § 4.1 below shall be in lieu of all other City fees,
with the exception of any City permils land permit feesl required for the
installation ~of-the~r[, repair, relocation and replacement of IRaalias. City shall
promplly respond to MeL,'icom's filings and shall otherwise cooperate with Metricam
in facilitating the deployment of {Ricochet® in the Public Riglat of W~ny} lits
Rioache! MCDN on Municipal Facilities] in a reasonable and timely manner.
Location and Installation of Radios. The proposed locations of Meuicom's
planned { ~ni~n] } installation of Radios shall be determined subject to the reasonable
prior review and approval of the City, promptly after Metricam's review ofavailablc
street light maps and prior to deployment of the Radios. Upon the completion of
installation, Metricam promptly shall furnish to the City a pole list showing the exact
location of the Radios in the Public Right {c,f','.'ay.}[-of-Way. Any subsequent
removal or relocalion of Radios shah be disclosed to the Cily, in writing, within
thirty (30) days of the date that the relocation or removal is initiated.
Permitted Use of the Public Right-of-Way and Municipal Facilities. The scope
of the permitted use of the Public Right-of-Way and Municipal Facilities is
limited to the specific authorization granted in this Use Al~reement, and such
rights that are necessarily incidental thereto to such authorization.[
COMPENSATION; UTILITY CHARGES. Metricore shall bc solely responsible for the
paymen! of all lawful Fees land other applicable levies] in connection with Metricom's
pertbrmance under this Use Agreement{, in uccoMancc w/th the tc~s sc.t fortIt Ix:low].
4.!
Right-of-Way Management Reimbursement. In order to reimburse City for any
right-of-way management costs it may incur during the term of this Use Agreemum
following the initial deployment of the Radios in connection with Metricam's entry
upon and deployment within the Public Rightl-]ofl-IWay, Metricam shall pay to the
City, on an annual basis, an areatom equal to one percent (1%) of Adjusted Gross
Revenues (the "Right-of-Way Managemeal Reimbursement'~), which amount ~
bc ~ollccted froan sub~crib~,~ oftl~ S~-,viccs ~ith billi~tg ddda~ssc~ in the City axtd~
Ishall be ]remitted u~ City as provided heroin. The patties agree that such
Right-of-Way Management Rcimbursemcnt represents a fair estimate of the costs of
continuing management of the Public Rightl-Joq-JWay utilized by Mclricom and
that such Right-of-Way Management Reimbursement is not a franchise fee or
payment for use of the Public Right[-loq-lWay. The Right-of-Way Management
Reimbursement shall be payable for the period commencing upon the date that
Services are offered to {coimw,.'rcirdlyJ paying subscribers within the City using
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Radios installed pmsuant to this Use Agreement and ending on the date of
termination of this Use Agreement. and shall be due on or before the 45~' day after
the end of each calendar year or fraction thereof. Within forty-five (45) days after
the termination of this Use Agreement, compensation shall be paid for the period
elapsing since the end of the last calendar year thr which compensation has been
paid. Metsicom shall furnish to the City with each payment of compensation
required by this section a statement, executed by an authorized officer of Metricore
or his or her designee. showing[, iu detail,I the amount of Adjusted Gross Revenues
for the period covered by the payment. lfMetticom/or the City] discovers any error
in the correct amount of compensation due. the City shall be paid within thirty (30)
days of discovery of the error or determination of the correct amount. Any
overpayment to the City through error or otherwise shall be refunded or offseT against
the next payment due. Acceptance by the City of any payment due under this section
shall not be deemed to be a waiver by the City of any breach ofth~s Use Agreement
occurring prior thereto. nor shall the acceptance by the City of any such paymems
preclude the City from later establishing that a larger amount was actually due or
from collecting any balance due to lhe City. IThel City may, at any time. at [tbeI
City's sole option. upon ninety (90) days written notice, require Memcom to
discontinue the Right-of-Way Management Reimbursement compensation. Upon
receiving such notice Metricore shall. no later than ninety (90) days af~.er receiving
such notice, cease making all compensation payments that would have .{.beert}. Ibenl
payable after such ninety (90) day notice period. If Ithe] City requires such a
discontinuation of Right-of-Way Management Reimbursement compensation, ~he
City may then charge, on an annual basis, its actual Right-of-Way {Ma~agcmc~u}
[managementI costs (pursuant to Minnesota Statutes ~o _..:__., [See. I 237.162,
Subd. 9 and ~-~ [See.] 237.163. SuM. 2(b)), that are incurred after the
expiration of the ninety (90) day period described above. Metricore shall only be
liable for such actual annual Right-of-Way management costs to the extent such costs
exceed the annual retail value of the service subscriptions for which the City is
eligible under {~] ISeetionl 4.5 of~s /Use/ Agreement.
4.1.1
Reduction of Right-of-Way Management Reimbursement by Amount of
Utility Users or CommunicJtions Tax. Notwithstanding anything to the
con,,x~ry in this Use Agreement. if the Services arc subject m a utility users
tax, communications tax, or other similar W.x or ti~e which accrues to the City
by operation of the City' s Municipal Code or other applicable -pttl. w}- ILaw|,
then the amount of the Right-of-Way Management Reimbursement shall be
reduced by the amount of the applicable utility users tax, cormntmications
tax, or such other similar tax or fee.
4.1,2
Accounting Mailers. Metricore shall keep accurate books of account at its
principal office in Los Gatos or such olhcr location of its choosing for the
purpose of determining the amounts due to the City under § 4.1 above. The
7
4.2
City may inspect Metricom's books of account relative to the City at any time
during regular business hours on ~ thin) (30) dag's } [ten (10) business days' l
prior written notice and may audit the books from time to time at the City's
sole expense, but in each case only to the extent necessary to confirm the
accuracy of payments due under § 4. l above. Altomatt rely, Matt[cam { ',;;~|: }
Ishall] make availablc for inspection by the City at Metricom's office located
closest to the City, upon {thiety (30) days}. lien (10) business days'] prior
written notice, the relevant portions of its books and records as reasonably
necessary to confirm the accuracy of any payments due the City under this
Use Agreement. [Should an audit performed pursuant to Ibis paragraph
disclose an underpayuteat of amounts due under this Use Agreement,
then Metricam shall pay to the Cit~ the amount of Ihe underpayment.
if the results of any audit indicate that Metricam underpaid the
Right-of-Way Management Reimbursement by more than five percent
(5%), then Metricout shall also pay the reasonable costs of the audit, up
to a maximum of two (2) times the amount of the underpaymont.] The
City agrees to hold in confidence any non-public information it learns from
Metricam to the fullast extent penntiled by Law.
Annual Fee. As compensation for the use of Municipal Facilities, Metricam shall
pay to the City an annual fee (the "Annum Fee") in the amount of Sixty Dollars
($60.00) .[for the use oft, ach~./per] Municipal Facility, irony, upon which a Radio
has been installed pursuant to this Use Agreement. Where light poles or other
facilities to be used by Metricam within the Public Rightl-Jof[-J Way are owned by
a utility, such annual fee shall b~ paid to the appropriate utility and not to the City.
The aggregate Annual Fee with respect to each year of the term lot this Use
Agreement] shall be an amount equal to the number of Radios installed on
Municipal Facilities during lhe preceding twelve (|2) months multiplied by the
Annual Fee. prorated as appropriate, and shall be due and payable not later than
forty-five (45) days after each anniversary of the Installation Date. City represents
and covenants that City owns all Municipal Facilities for the use of which it is
collecting from Metricova the Annual Fee pursuant to this § 4.2.
4.2.1
CP! Adjustment. {Effoel;vc can.teric[rig ou tIM fifth (Sth)}/The Annual
Fee shall he increased annually, on the ]anniversary of the Installation Date
{ and continuing on each ~fth (5Ot) tauti~crstny thcecatkr during the lean, the
A~mual Fc,~ with respect to the ensuing ~'~'e, year period shall bc i~,trcasc. d}'
lot this Use Agreement,] by a percentage amount equal to The percentage
increase, if any, in the U.S. Deparm~ent of Labor, Bureau of Labor Statistics
Consumer Price Index (All Items, All Consumers, 1982-1984=100) which
occuned during the previous five-year period for the Midwest Urban Region
Consolidated Metropolitan Statistical Area.
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4.3
4.4
4.5
ElectfielD/Charges. Metricore shall be solely responsible for the payment of all
electrical utility charges to the applicable utility company based upor~ the Radios'
usage of electricity and applicable tariffs.
Reimbursement of City's Project Review Expenses. Metricore shall reimbursethe
City { at City's star~dard rates} for reasonable attomey's fees and other proloci review
expenses relating to the preparation and review of this {u:,;~ IUsel Agreement,
promptly upon receipt of itemized bills, paid invoices, and other such documentation
a,s Metricore shall reasouably require, and in a tolal amount not to e~.ceed
ITwul Thousand Dollsxs -f{-$-H)e~I($:Z,O00)I. The reimbtusement provided for in
this § 4.4 shall not replace or excuse Metricore from the payment of any applicable
permit fee { fo~ ~,o~k m~d~;ttakct, pursuant t~ li~c initial ;,,.v, aBatio~ e/f the Radios. }
Likewise, the reimbursement provided for heroin shall not be offset against the
ABnual Fee or the Right-of-Way Management Reimbursemont.]
Municipal Subscriber Program. City shall have the right l~oughout the term of
this Use Agreement to receive up to the maximum number specified below (based
upon the City's population) of free {RicochetS} [Ricochet MCDN] basic service
subscriptions. The numberof free subscriptions which the City may receive shall be
determined in accordance with the City's official population, as shown on the latest
available census data, as follows: (a) for municipal tries with a population of less than
100,000, up to a maximum often (10) free subscriptions; (b) for municipaJities with
a population of between 100,000 and 249,000, up to a maximum of fifteen ( 15 ) free
subscriptions; (c) for municipalities with a poputatinn of between ~50.000 and
SO0,000, up to a maximum nf twenty (20) free subscriptions; and (d) for
municipalities [with a populatinnl of over 500,000. up to a maximun~ of twenty-five
(25) free subscriptions, City shall designme one person who shaJl be responsible for
ordering and receiving any subscriptions. To take advantage of thjs program. the
designated individual should contact Metricom's Network Real Estate Department
at the address stated in § i~o} 191 below. City's right to use the subscriptions shall
commence at the time that {Rkv~hct~}|Ricochet MCDN| service is
{ ,zommercially } available in the City and shall extend until the expiration of the term
of this Use Agreement or through the length of time that Radios are deployed in the
{ Municipal } IPublic] Right[-loI~-]Way, whichever is longer. City's use of the if reel
subscriptions shall be subject to the standard {Ricoclot®} [Ricochet MCDN] terms
and conditions of use. [The] City unders~mds and agrees that moderns and lany]
equipment required to utilize the subseriptinns|,| and any additional service
subscriptions or service options the City may desire[,] may be obtained From an
authorized reutiler at market rates current from time to time. IThe] City shall use all
subscriptions provided pursuant to this sectinn solely for i~s own use and shall not be
entitled ~o resell, distribute, or otherwise permit the use of same by any other person,
excepting a l~>cal public entity that provides public service within the corporate
boundaries of the City (e.g., municipal schools, public safety, or fire departments.
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etc.), The level of benefits and service pwvidcd to City by Metricore as "b~sic
service" shall not be diminished or reduced during the term of this Use Agreement
or renewal thereof or prior to ~ [the] cancellation or termination lofthis Use
Agreement], as the case may be.
4.6
Most-Favored Municipality Clause. Should Metricore after the parties' execution
and delivery of this Use Agreement emer into a right-of-way permit and facility use
agrecment with another municipality {of the same size of ~,.,allcr [h-,,~ thc City as
cc, npm, cxi with cities in the Miixncsota cot~tics afA~to'ka, Carver, D~ola, I k'~mcpitt,
Rmnsey, Scott ~ Washingteal fin the seven-couuly Minneapolis/St. Paul
metropolitan areal, which agreemum contains either (a) a higher Right-of-Way
Management Reimbursement as described in § 4, 1 above, or (b) a higher Annual Fee
as described in § 4.2 above, or (c) a higher amount of Reimbursement of City's
Project Review Expenses as described in § 4..4 above, City shall have the right to
require that Metricore modify this Use Agreement to incorporate the same or
substantially similar superior benefits and such other terms.
RELOCATION[, ABANDONMENTI AND DISPLACEMENT OF RADIOS[;
MAINTENANC£I. Metricore underszands and ack.~owledges tha! City may require
Metricore to relocate one or more of its Radios. and Metricore shall at City's direction
relocate such Radios at Metricom's sole cost and expense, whenever City -{ rcase~ubly }. l, in
ils sole diseretion,] determines that the reloeation is needed for any of the followlug
purposes: (a) if required tbr the construction, completion, repair, rolecarton, or maintenance
of a City projectI, City properly or Public Rights-of-Way[; (b) because the Radio is
interfering with or advez~ely affecting proper operation of City-owned light poles, traffic
signals, [communications systems] or other Municipal Facilities; or (c) Io protect or
preserve the public health or safety. In any such case. City shall use reasonable efforts to
afford Metricore a reasonably equivalent alternate location with no duty to incur any
expenses or cost to City. If Metri¢om shall fail to relocate any Radios as requested by the
City within a reasonable time under the circumstances in accordance with the foregoing
provision, City shall be entitled to roletale the Radios at Mctricom's sole cost and expense,
without further notice to Metricore. [The City shall not be liable Io Metricore for any
damages caused by City rolecarton of Radios under this Use Agreemeot. I To the extent
the City has actual knowledge thereof. the City will arlempl promptly to inform Metricore
Of the displacement or removal of any pole on which any Radio is located.
5.1
Reiecations at Metricom's Request. In the event Metrieom desires to relocate any
Radios from one Municipal Facility to another, Metricore shall so advise City. City
will use reasonable efforts to accommodate Metrlcom[, to the extent possible,] by
making another reasonably equivalent Municipal Facility available for use in
accordance with and subject to the terms and conditions of this Use Agreement.
5.2 Damage to Public Right [;,f'.'~'.~y}l.-of-Way and City Propertyl. Whenever the
l0
[insta!!ation,] removal or rel0cation of Radios Ior any Ricochet MCDN facilities}
is required or permitted under this Use Agreemere, and such tinstallation,] removal
or relocation shall cause the Public Right ~c, fWily ] l-of-Way or any City properly]
to be damaged, Metricore, at its sole cost and expense, shall promptly repair and
return the Public Right {of Way in which the Radi~s at~ l~catcd ~ a salt: mid
aotisfacte, ry eo,~di tins in aecord~ec with applicable; Laves } l-of-way or the affected
City properly (as applicable) to the same conditions as those prevailing prior to
Metricom's workl, normal wear mid tear exccpted~ l~'Metricom does not repairthe
site [or properlyI as.iust described, then the City shall have the option, upon l~t~een
(15) days prior written notice to Metricore, to perfom~ or cause to be performed such
reasonable and necessary work on behalf of Metricom and to charge Metricom for
the proposed costs to be incurred or the actual costs incurred by the City ~t City's
standaxd rates. Upon receipt of a demand for payment by the City, Metricore slmll
promptly reimburse the City for such costs.
15.3
Discontinuance of Service. Upon the expiration or ferminat/on of the term of
this Use Agreement (as the same may be amended by the agreement of the
parties), Metricore shall remove its Radios from the Pn blic Righ t-of-Way within
six (6) months from the date of such expiration or terminatinn. If any Radio
subject to this Use Agreement is abandoned and no longer placed in service for
a period of six (6) months or more, Metricore shall promptly notify the Cily and
the City may. at its option, require Metricore to remove the abandoned Radio(s)
at Metricnm's sole cost and expense or dedicate the same to the City. The City
shall not issue notice to Metricore that the City intends to exercise the option to
require removal or dedication of Radios, unless and until the City first gives
fifteen (15) days' prior writtcn notice to Metricom to remove the Radios. !f
Metricore shall fail to remove the Radios as required by the City, the City shall
be entitled to remove and store the Radios at Metricom's sole cost and expense.]
INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify. defend, protect,
and hold harmless the City, its council members, [commissions, commissioners, boards,
agents,I n~ticers, and employees from and against any and all claims, dexnands, losses,
damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and
orders, judgemeats, and all costs and expenses incurred in connection therewith, including
reasonable anorney's fees and costs of defense (collectively, the "Losses") directly or
proximately resal ling from Metricom's acts vities undertaken pursuant to this Use Agreement,
except to the extent arising from or caused by the negligence or willful misconduct of the
City, its council members, officers, employees, agents, or contractors. Thc foregoing
notwithstanding. Metricore shall defend and indemnify the City, and its officers and
employees, even in the case of negligence, unless the allegations allege (a) independenl
negligence on the paxl of the City, its officers and employees or (b) a wrongful act or
om issinn on th~ part of the City or its officers or employees. Metricore shall also defend a~d
indemnify the City, its officers and employees, even in the case of negligence, if the
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allegations are based oat the City's or its of~ccrs or empioyees' negligence or otherwise
wrongful act or omission in issuing a permit to Metricam or approving this Use Agreement,
or in failing to properly or adequately inspect or enforce comp}jance with the terms,
conditions or purpose of any permit issued to Metrjcom.
6.1
Waiver of Claims. Metricam waives any and all claims, demands, causes of action,
and rights it may assert against the City on account of any loss, damage, or injury to
any Radio or any loss or degradation of the Services as a result of any event or
occurrence which is beyond the reasonable control of the City or on account of City's
exercise of its regulatory or police powers.
6.2
Limitation of City's Liabilily..~ [Except far the relocation of Radios, the/
City shall be liable only for the cost of repair to damaged Radios arising from the
[gross] negligence or willful misconduct of City, its employees, agents. or
contractors.
INSURANCE. Metricam shall obtain and maintain at all times during the term of this Use
Agreement Commercial General Liability insurance and Commercial Automobile Liability
insurance protecting Metricam in an amount not less than One Million Dollars ($ 1,000,000)
per occurrence (combined single limit), including bodily injury a,~d property damage, and
in an amount not less than One Million Dollars ($1,t}00,000) annual aggregate for each
personal injury liability and productscompleted operations. The Commercial General
Liability insurance policy shall name the City, its council members, leoremissions,
cnmmissianers, agents, boards,] officers, and employees as additional insureds as respects
any covered liability arising out of Metricom's performance of work under this Use
Agreement, Coverage shall be in a,~ occurrence form and in accordance with the limits and
provisions specified herein. Claims-made policies an: not acceptable. {S:;c.~} lThe
required/insurance shall not be canceled, nor shall the occurrence or aggregate limits set
forth above be reduced, tmtil the City has received at least thirty (30) days advance written
notice of such cancellation or change. Metricore shall be responsible for notifying the City
of such change or cancellation. Prior to any five (5) year renewal term, pursuant to § 2 of
this Use Agreement, the City may request and the parties shall bargain in good t~ith to
increase the above minimum insurance amounts, if such an increase is warranted by industry
standards or specific identified risk. Such increase, if any, shall not be effective until the
commencement of such renewal term.
7.1
Filing of Certi~eates and Endorsements. Prior to the commencement of any work
pursuant to this Use Agreement, Metricore shall file with the City the required
original certificate(s) of insurance with endorsements, which shall state the
following:
(a)
the policy number; name of insurance company; name and address of the
agent or authurized representative; name and address of insured; prt~jeet
12
sl.
name; policy expiration date; and specific coverage amounts:
(b) that the City shall receive thirty (30) days prior notice of ,'ancellation;
(c)
that Metricom's Conunercial General Liability insurance policy is primary
as respects nxty other valid oreollectible insm'ance that the City may possess,
including any self-insured fetetalons the Cily may have; and nay other
insurance the City does possess shall be considered excess insurance on ly and
shall not be required to contribute with this insurance; and
(d)
that Metricom's Commercial General Liability insurance policy waives any
right ofrecovety the insurance company may have against the City
The certiticate(s) of insurance with endorsements and notices shall be mailed to the
City at the address specified in § .bl}'}' 19] below.
7.2
Workers' Compensation Insurance, Metricore shalI obtain m~d maintain at all
times during the term of this Use Agreement statutory workers' compensation and
employer's liability insurance in an amount not less than One Million Dollars
($1,000,000) and shall furnish the City with a certificate showing proof of such
coverage. [The City shall not, under any circumstances, he required or
obligated to provide workers' compensation benefits to any officer, employee,
agent, contractor, or subcontractor of Metricom.]
7.3
Insurer Criteria. Any insurance provider of Metricore shall be admitted and
authorized to do business in the State of Minnesota ~nd shall carry a minimum rating
assigned by/~.M. Best & Company's Key Rating Gu:de of "A" Overall and a
Financia] Size Category of"X" (i.e.. a size of $500,000,000 to $750.000,000 based
on capital, surplus, and conditional reserves). Insurance policies and certificates
issued by non-admitted insurance companies are not acceptable.
Severabilily of Interest. Any dcductibles or self-insured retentions must be staled
on the certifieatG(s) of insurance, which shall be sent to and approve by the City.
"Severability of interest" or "separation ofinsureds" clauses shall be made a part of
the Commercial General Liability and Commercial Automobile Liability policies.
BOND OR OTHER SECURITY. Prior to the commencement of any work under this
Use Agreement, Metrieom shall furnish or cause to be furnished to the City a good and
sufficient bond, substantially in the form attached hereto as Exhibit A, entitled Surety
Bond, in the amount of $ , or such other comparable security
instrument as may be ripproved by the City's attorney or risk manager, securing the
faithful performance by Metricore of all the work, construction, installation and
removals required to be performed by Metrieom under this Use Agreement within the
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lime periods set forth hereunder,
91.
NOTICES. All no~ic~s which shall or may b,~ given purst~am :o this Use Agreement shall
be in writing and delivered personally or transmitted (a) through the United States mail, by
registered or certified mail, postage prepaid; (b) by means o/' prepaid overnight delivery
service; or (c) by facsimile ore-mail transmission, ira bard copy of the same is fbllowed by
delivery through the U.S. mail or by overnight delivery service as just described, addressed
as fo)lows:
if to the City:
City of[NAME OF MUNICIPALITY]
Attention: (NAME OF CONTACT)
CADDRESS[
[Name of Municipality, MN [ZIP]
if to Metricore
METRICOM, INC.
Atlention: Network Real Estate
980 University Avenue
Los Galos, CA 95032
-HIg. ll
Date of Notices; Changing Notice Address. Notices shall bc deemed given
upon receipt in the case of personal delivery, three (3) days after deposit in
the mail, or the next business day in the case of facsimile, c-mall, or
overnight delivery. Either party may from time ta time designate any other
address for this purpose by wrinen notice to the other party delivered in the
manner set forth above.
TERMINATION. This Use Agreemere may be terminated by either party upon
forty-five (45) days prior written notice to the other party upon a default of any
material covenant or term hereof by the other patty, which default is not cured within
forty-five (45) days of receipt of writlen notice of default (orl if such default is not
curable within forty-five (45) days, if the defaulting party fails to commence such
clue within forty-five (45) days or fails thereafter diligemly to prosecute such cure
to completion), provided that the grace period for any monetary default shall be ten
(10) days from receipt of notice. Except as expressly provided herein, the rights
granted under this Use Agreement are irrevocabie during the term.
ASSIGNMENT. This Use Agreement [and any right or interest herein[ shall not
be [transferred or[ assigned by Metricore without the {c:~i-'re';~.~} [priori written
consent of the City, which consent shall not be unreasonably withheld, conditioned,
14
or delayed. Notwithstanding the foregoing, the transfer [or assignment] of the fights
and obligations of Metdcom hereunder Io a parere, subsidiary, or financially viable
affiliate of Metricore or to any successor-in-interest or emity acquiring all or
substantially aH ofMetricom's outstanding voting stock or assets shall not be deemed
{~'~} l a transfer or] assignment tbr the puxposes of this Use Agreement[, provided
that (i) any such transferee will have a financial strength after the proposed
transfer at least equal to that of Metricom prior In the transfer, (it) any such
tra nsferee assumes all of the obligations of Melt]corn hereunder, (iii) Metricore
shall not be released from the obligations of this Use Agreement by virtue of
such transfer and (iv) the experience and technical qualifications of the
proposed transferee, either alone or together with Metricom's management
team, evidences an ability to operate the Ricochet MCDN. Melt]cam shall give
the City thirty (30) days' prinrwrinen notice of any proposed transfer forwhich
notice is required hereunder, and lhe City's consent shall be deemed approved
unless the City objects in writing with ~ueh 30-day period. No transfer or
assignment of this Use Agreement (or any interest or r~ght here]n) may be
approved without the transferee becoming a signatory to this Use Agreement,
and assuming all rights and obligations hereunder.]-~}-
MISCELLANEOUS PROVISIONS. The provisions which follow shall apply
generally to the obligations of the patties under this Use Agreement.
Nonexclusive Use. Metfi¢om understands that this Use Agreement does not
provide Metricore with exclusive use of the Public Right[-]ot~-[Way or any
Municipal Facility and that City shall have the right to permit other proriders
of communications setvies to install equipment or devices in the Public
Right[-loq-]Way and on Municipal Facilities. City agrees tpromptly to }[to
use reasonable efforts to promptly] not]f3' Metricom of the receipt of a
proposal for the installation ofconununications equipment or devices in the
Public RAght{~]of[-lWay or on Municipal Facilities. In addition, City agrees
to ]use reasonable efforts to} advise other proriders of communications
services of the presence or planned deployment of the Radios in the Public
gigbtl-]ofl-I Way and/or on Municipal Facilities.
~ 112.21
Waiver of Breach, The waiver by either puffy of any breach or violation of
any provision of this Use Agreement shah not be deemed to be a waiver or
a continuing waiver of any subsequent breach or violation of the same or any
other provision of this Use AgTeement. [Any failure or delay of City to
require or enforce prompt compliance with/he terms of this Use
Agreement shall not be considered a waiver, and Metricore shall not be
relieved of its obligations to comply with this Use Agreement by virtue
of such a failure or delay. The City may only waive its rights hereunder
by expressly so stating in writing.
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!Z.3] "'"
tH~112.41
"' "112 61
&
112.71
Severability of Provisions. If any one or more of the provisions of this Use
Agreement shall b~ held by a court of competent jurisdiction ill a final
judicial action to be void, voidable, or une, nlbreeable, such provision(s) shall
be deemed severable fTom the remaining provisions of this Use Agreement
and shall not affect the legality, validity, or constitutionality of the remaining
~rtions of this Use Agreement[; provided, however, that if a eourl of
competent jurisdiction determines that a severed provision materially
alters the contractual relationship created herein, the City may choose
to terminate this Use Agreement, with no damages, costs or expenses
attributed to the Ci~]. Notwithstanding the foregoing, the ponies agree
that if a court or administrative agency of competent .jurisdiction should
declare a provision(s) of § 4 of this Use Agreement invalid, then the panics
sitall each be obligated to negotiate in good thith to amend § 4 of this use
Agreement and if, after one hundred and eighty (180) days from the
commencement of negotiations or such extension thereof that may be agreed
by the panics, the paxties are unable In reach agreement on amendments
hereto, then this Use Agreement may be terminated by tither party.
Contacting Metricore. Metricore shall be available to the -{-mfP; employees
of {:~;Z,'~ [thel City {dcptuh.cnt} having jurisdiction over Metricom's
activities twenty-fous (24) hours a day, seven (7) days a week, regarding
problems or complaints resulting from the aHaehment, installation, operation,
maintenance, Irelocation] or removal of {;l~c,} RMios land the Ricochet
MCDN]. The City may contact by telephone the network control center
operator at telephone number (g00) 873-346g regarding such problems or
complaints.
Governing Law; Jurisdiction. This Use Agreement shall be governed and
construed by and in accordance with the laws of the State of
}[Minnesotal, without reference to its conflicts of law
principles. If suit is brought by a party to this Use Agreement, the parties
agree that trial of such action shall be vested exclusively in the slate courts
of Minnesota, County of~, nr in the United Slates District Court for tile
District of Minnesota.
Attorneys' Fees. Should any dispute arising out of this Use Agreement lead
to litigation, the prevailing party shall be entitled to recover its costs of suit
up to an amount of Five Thousand Dollars ($5,000.00), including (without
limitation) reasonable attorneys' fees,
Consent Criteria. In any case where the approval or consent of one party
hereto is required. requested or otherwise to be given under this Use
Agreement. such party shall not unreasonably delay, condition, or withhold
16
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its approval or consent.
[12.8 Rights Cumulative. All rights and remedies given to City by this Use
Agreement or retained by City herein shall be in addition ta and cumulative
with any and all other rights and remedies, existing or implied, now o r hereafter
available to City, at law or in equity, and such rights and remedies shall not be
exclusive, but each and every right and remedy specifically given by this Use
Agreement or otherwise existing or given may be exercised from time to time
and as often and in such order as may be deemed expedient by City, and the
exercise of one or more remedies shall not be deemed a waiver ofthe right to
exercise st the same time or thereafter any other right or remedy.
Representations and Warranties. Each of the parties to this Agreement
represents and warrants that it has the full right, power, legal capacity, and
authority to enter into and perlbrm the parlies' respective obligations
heretrader and that such obligations shall be bind.ing upon such puny without
the requirement of the approval or consent of any other person or entity in
connection herewith, except as provided in § 3.2 above.
[12.10] AmendmentofUseAgreement. This Use Agreement may notbe amencled
except pursuant to a written instrument signed by beth patties.
~112.111
Entire Agreement. This Use Agreement contains the entire
understanding between the parties with respect to the subject matter
herein. There are no representations, agreements, or understandings
(whether oral or written) between or among the parties relating to the
subject matter ofthis Use Agreement which are not thlly expressed
herein.
[12.1~
Binding Acceptance. This Use Agreement shall bind and benefit the
parties hereto and their respective authorized heirs, beneficiaries,
administrators, executors, receivers, trustees, successors and assigns.]
IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of
this Use Agreement, the duly authorized representatives of the parties have executed this Use
Agreement as of the Effective Date.
City. CITY OF
, a Minnesota municipal Corporalion
[name typed]
Its:
17
Da~c:
By:
[name typed]
Its:
Date:
Metricore.'
METRICOM, INC., a Delaware corporation.
By:
[name typed]
,2000
· 2000
,2000
18
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[NOT ACCEPTED BY METRICOM IN COLUMBIA HEIGHTS]
EXHIBIT A
[FORM OF SURETY BOND]
Bond Ntunber:
SURETY BOND
KNOW ALL MEN BY THESE PRESENTS:
That METRjCOM, INC. as Principal, and , incorporated under
the laws of the State of , and authorized to execute bonds and undertakings as
sole surety, axe held and firmly bound unto , as Obligec, in the sum of
($ ); for the paymere thereof, well truly to be made, said
Principal and Surety bind themselves, their administrators, successors and assigns, jointly and
~verally, firmly by the presents.
The condition of the foregoing obligation is such that:
WHEREAS, the above bounden Principal is about to enter into a certain agreement with the
Obligee for the following: , the award of
which said agreement was made to the Principal by the Oblige, e, on
NOW THEREFORE, if the Principal shall well, truly and lhithfully perform its duties, all
the undertakings, covenants, terms, conditions, and provisions of said agreement during the
original term thereof, and any extensions thereof which may he granted by the Obligee, with or
without notice to the Surety, and if he shall satisfy all claims and demands incun'ed under such
agreement, and shall fully indemnify and save harmless the Obligee from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and repay the Obligee 'all
outlay and expenses which the Obligee may incur in making good any default. then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the agreement or to
the work to be performed thereunder or the specifications accompanying the same shall in any
way affect its obligation on ~his bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
PROVIDED, HOWEVER, this bond is issued subject to the following express
conditions:
1. TIffs bond shall be deemed continuous in form and shall remain in flail lbrce and effect
Sent by: BERNICK LIFSON P.A. 612 546 1003; 04117/00 5:53PM;Je/Fex #543;Page 40/40
By:
By:
until cancelled under Section , after which all liability ceases except as to any
liability incurred or accrued prior to the date of such cancellation.
The aggregate liability of the Surety hemunder on all claims whatsoever shall not exceed
the penal sum of this bond in any event.
The surety reserves the right to withdraw as surety from this bond, except as to any
liability incurred and accrued, and may do so upon giving the Obligee sixty (60) days
written notice.
SIGNED AND SEALED this
day of ,2000.
PRINCIPAL SURAETY
Title
(Type Company Name)
By:
Title
Address:
Phone:
(Affix Corporate Seals)
(Attach Acknowledgments of both Principal and Surety signatures)
HOUSING & REDEVELOPMENT AUTHORITY
REGULAR MEETING MINUTES OF MARCH 21, 2000
CALL TO ORDER - The Regular Meeting of the Housing & Redevelopment Authority (HRA) in and for
Columbia Heights was called to order by its Executive Director, Walt Fehst at 6:I 5 p.m., March 21, 2000, in the
Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota.
ROLL CALL
Commission Members Present:
Staff Present:
PLEDGE OF ALLEGIANCE
Marlnine Szurek, Don Jolly, Gary L. Peterson. Julienne Wyckoff, and John
Hunter
Walt Fehst, Executive Director
Ken Anderson, Deputy Executive Director
Michelle Chalin, Parkview Villa Public Housing Administrator
Randy Schumacher, Assistant Community Development Director
ADMINISTER OATH OF OFFICE
Walt Fehst, Executive Director, swore in the new officers. Each of the three new officers recited the Oath of office
as follows:
I, (NAME INSERTED HERE), do solemnly swear that I will support the Constitution of the United States and of
the State of Minnesota and will faithfully discharge the duties of the office of Commissioner of the Columbia
Heights Housing and Redevelopment Authority, Columbia Heights, Minnesota, according to law and to the best of
my judgemerit and ability, so help me God. I do further swear that I am, and was at the time of my appointment, a
resident of Columbia Heights, Minnesota.
ELECTION OF OFFICERS
Walt Fehst, Executive Director, conducted the nominating for each office.
Nominations were opened for the office of Chair. Executive Director recognizes John Hunter as a candidate for the
office of liRA Chair. Executive Director asked for other nominations? Hearing none. Motion by Jolly, seconded
by Jindra to appoint John Hunter as the new HRA Chair.
Nominations were opened for the office of Vice Chair. Executive Director recognizes Marlnine Szurek as a
candidate for the office of liRA Vice Chair. Executive Director asked for other nominations? Hearing none.
Motion by Peterson, seconded by Jolly to appoint Marlnine Szurek as the new HRA Vice Chair.
Nominations were opened for the office of Secretary/Treasurer. Executive Director recognizes Julienne Wyckoff as
a candidate for the office of HIL~. Secretary/Treasurer. Executive Director asked for other nominations? Hearing
none. Motion by Szurek, seconded by Hunter to appoint Julienne Wyckoff as the new HRA Secretary/Treasurer.
MOTION: Move to cast a unanimous ballot nominating and appointing John Hunter for Chair, Marlaine Szurek
for Vice Chair; and Julienne Wyckoff for Secretary/Treasurer. All Ayes. MOTION CARRIED.
Walt Fehst, Executive Director, recommended that ~ve schedule a quarterly meeting for the HRA in the future. All
of the HRA Commissioners were in agreement.
SET PUBLIC HEARING FOR ADOPTION OF AGENCY PLAN
Randy Schumacher presented the Agency Plan as required by HUD. The Agency Plan has a Mission to promote
adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination.
The Goal of the Plan is to strongly encourage identifying quantifiable measures of success in reaching their
objectives overthe course ofyears. The strategic Goal setby HUD is to increase the availability ofdecent, safe,
and affordable housing, improve community quality of life and economic vitality, promote self-sufficiency and
asset development of families and individuals, and ensure equal opportunity in housing for all americans.
Columbia Heights Housing and Redevelopment Authority Minutes
Ma~ch 21, 2000
Page 2
RECOMMENDED MOTION: MovetosetaPublicHearingforthereviewofthedraftHRAAgencyPlanon
Tuesday, May 16, 2000 at 6:00 p.m., at Parkview Villa.
MOTION: by Marlaine Szurek, seconded by Gary Peterson, to set a Public Hearing for the revie~v of the draft HRA
Agency Plan on Tuesday, May 16, 2000 at 6:00 p.m., at Parkview Villa. All ayes. MOTION CARRIED.
The next HRA meeting is scheduled for 6:30 p.m., Tuesday, May 16, 2000 in Community Room B at Parkview
Villa.
ADJOURNMENT
MOTION by Don Jolly, seconded by Gary Peterson, to adjoum the meeting at 6:39 p.m. All ayes. MOTION
CARRIED.
Che~lBa~e~n~'s~
Recording Secretary
H:LHRA-2000Xmtgnotes3-21-2000.wpd
COLUMBIA HEIGHTS PUBLIC LIBRARY
BOARD OF TRUSTi £S
MINUTES
April 4. 2000
The meeting was called to order by Vice-Chair, Patricia Sowada at 7:00 p.m. Those present were: Patricia Sowada,
Richard Hubbard, Nancy Hoium, Catherine Vesley, and Becky Loader.
Catherine Vesley was welcomed as a new Library Board Member. Pat Sowada presented her with a rose of welcome.
Catherine took a few moments to give a little background on herself. The rest of the Board members each gave a little
information about themselves also.
It was moved, seconded, and passed to approve the minutes of the March 6th, 2000, meeting as mailed.
The March 27, 2000, bilI list was reviewed. It was moved. seconded, and passed that they be paid.
The April 10, 2000. bill list was reviewed. It was moved, seconded, and passed that they also be paid.
The accounting was reviewed.
Old Business:
A roof leak on March 8 was noted. Dalco was called, and they inspected the roof again. There was a joint on the
piping coming out of the air conditioning unit that looked suspicious. Dalco re-caulked the joint at no charge.
There have been no further problems.
2. Two new PC's were installed for staff on March 10.
Tonight is the third session of the new evening storytime, Twilight Tales. The response to this new program has
been very positive. The guest storyteller is Patty Wheeler Andrews, a professor at Anoka Ramsey. She will
conduct a total of 4 storytime sessions.
Winter Reading Clubs ended on March 25. Once again there was wonderful participation in these clubs. There
were 113 adults registered and 195 children. All prizes have been awarded.
Saturday and Sunday, April 8 and 9, the Heights Theatre will be showing the silent film version of Peter Pan as
a benefit for children's services at the library. Staff has been handing out bookmarks when people check out their
materials, and Jean Kuehn has helped distribute bookmarks to schools and businesses in the community. Board
members are requested to sign up for one or both days when they can help distribute bookmarks outside the theater
before each performance. Richard and Catherine both volunteered for Saturday night. Pat volunteered to be there
on Sunday afternoon. Future collaboration with the Heights Theatre is being pursued for Heights Pride and the
Jamboree Parade. One idea is "Share your memory of the Heights Theater" essay contest. The Board will be kept
informed on future developments.
Councilmember Wyckoff and her desire to form a historic commission is progressing. Staff is gathering
information for Ms. Wyckoff concerning what would be involved in setting up and maintaining this type of
committee. She is hoping to make a presentation to the City Council by the end of April. The Board will be
updated as information is forthcoming.
John Hunter was to give a presentation concerning a meeting between ISD #13 and the City Council. Due to his
absence the report was tabled until next meeting.
Neiv Business:
1. The downstairs activity room was painted on March 17.
A meeting between Anoka County Library staff, Becky and City of Columbia Heights IS Director Aleksandr
Chernin was held on March 22. The Automated Circulation System (ACS) will be upgraded from a central main
frame set-up to a client/server environment called Taos. The IS department is involved so that plans can be made
on how to best serve both networks, the County and the City within our building. A timeline for implementation
was discussed for 2000 and 2001. The change over will probably take place within the first 6 months of the year
2002.
3. The Sprinkler System was tested and passed inspection on March 22.
The maintenance on the fire extinguishers was completed. Two new units had to be purchased to replace two that
could not be recharged.
5. Becky conducted a workshop for the part-time evening supervisors on March 25.
Shari attended the Highland Kindergarten Round-up on Mamh 30. She gave out information about library cards
to parents. She was pleased to report that many of the people already used the library and had library cards.
Mary has assembled a display for the case at City Hall highlighting Library information. This display case is the
responsibility of a different department each month. The Library usually is assigned for the month of April to
coincide with National Library Week which w~ll be celebrated April 9 to the 15.
8. Crossover statistics were reviewed.
The National Standards article from the March issue of American Libraries was reviewed. ISO 9000, a set of five
universal standards, was discussed.
1. Catherine Vesley raised the question of whether or not we have a focus for our collection? Since we have
the ability to get more information and research possibilities from the rest of the County, we primarily
provide recreational reading materials and maintain a general collection in the non-fiction areas.
10.
A draft of the 5-year Capital Improvement and Capital Outlay Plan was presented. Each year was discussed
individually. Capital Outlay includes any items that can be "moved". Capital improvement items stay with the
building. There were no changes or additions. The plan will be updated and presented at the next Board meeting.
11.
Barb has obtained information on setting up a foundation. A meeting will be scheduled with Barb, Becky and
Greener. A more detailed report will be given at the next meeting.
12.
A print copy of the 1998 Minnesota Public Library Statistics and Directory was shared with the Board. This
publication is compiled from information submitted to the State in public libraries' annual reports. Board
Members may take a closer look at the material at their convenience.
There being no further business the meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Jeanine M. Schmidt Secretary to the Library Board of Trustees.
The City of Columbia Heights does not discriminate on the basis of disabili.tv in the admission or access to, or treatment
or employment in, itsservices. programs, or activities. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in all City of Columbia Heights' services. programs, and activities.
CITY OF COLUMBIA HEEIGHTS
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
April 4, 2000
The April 4, 2000 Planning and Zoning Commission meeting was called to order by Chairperson Ramsdell at 7:00
p.m. Members present were Yehle, Johnson, Shottuck and Ramsdell. Commissioner Hanson was not in
attendance. Also present were Joe Hallman (City Planner), Kathryn Pepin (Secretary to the Planning and Zoning
Commission), Ken Anderson (Community Development Director), and Jim Hoeft (City Attorney).
MOTION by Yehle, seconded by Shattuck, to approve the minutes from the meeting of March 14, 2000 as
presented in writing. Voice Vote: All Ayes. Motion passed.
NEW BUSINESS
Public Hearing
Variance
Case #2000-0407
Mike Wilder
RE: 4451 N.E. 5t" St.
Columbia Heights, Mn.
Mr. Hallman informed the Commission that this case had been withdrawn by the applicant. No action taken.
Public Hearing
P.U.D., Rezoning, Variance
Case #2000-0408
Real Estate Equities Dev. Co.
RE: 825 N.E. 41't Ave., 4150
And 4156 Central Ave.
Columbia Heights, Mn.
Mr. Hallman presented the request of Real Estate Equities Development Company for a Conditional Use Permit to
allow a Planned Unit Development (PUD) for the construction of a 50 unit senior assisted living building and 22 units
of affordable rental townhomes. He stated that the rental townhomes wile consist of four buildings referring to the
site plans submitted. Buildings A and B will contain six units each, and Buildings C and D will both contain five
units. In addition to the Planned Unit Development, Mr. Hallman stated that the property is being replatted noting
that the request before the Commission for the April meeting is for a preliminary review of the PUD and Plat.
Mr. Hallman informed the Commission that the affordable rental units would be developed at 13.33 units per acre.
The development will be a combination of 19 Low Income Housing Tax Credit (LIHTO) units and 3 "Hallman" units
Multiple Housing Opportunities Program (MHOP). The following provides an approximate summary of rents.
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
APRIl 4, 2DO0
Page 2
MHOP Units
· One 2-bedroom unit 8260 per month
· One 3-bedroom unit 8260 per month
· One 4-bedroom unit 8260 per month
IlHTC Units
· Seven 2-bedroom units 8635 per month
· Five 3-bedroom units 8730 per month
· Four 3-bedroom deluxe units 8730 per month
· Three 4-bedroom units 8810 per month
Mr. Hullman stated that the assisted living senior building will consist of 50 units (beds). There will be a total of 41
assisted living units and 9 memory units for alzheimer care. He noted that the floor plan indicates that there will be
a coffee caf~. He explained that Staff had been originally informed by the applicant that the coffee shop would be
utilized only by residents and staff and would not be open to the public as a commercial operation. However, that
status has shahgod to a soffee shop open to the public. He did not have any specifics as far as size or seating
capacity of the coffee shop, but stated that it would have to go through the Conditional Use Permit process and
would be required to provide a minimum of about 20 parking spaces which could necessitate a parking variance.
Mr. Hullman stated that there is also a request to rezone the property located at 825 N. E. 41'~ Avenue from R-2,
One and Two Family Residential, to R-4, Multiple Family Residential. A rezoning of the property located at 4150
Central Avenue N.E. and 4156 Central Avenue N.E. from CBD, Central Business District, to R-4, Multiple Family
Residential is also requested. A five (5) foot height variance is being requested to allow the senior building to be 40
feet in height as opposed to 35 feet in height which is the current maximum height allowed in the R-4 District.
Mr. Hullman informed the Commission that during the spring of 1998, the Minnesota Design Team visited Columbia
Heights for a weekend and held two town meetings to facilitate community discussion and make recommendations
for improvements. One of their recommendations was the creation of a transition block on the subject property
which would consist of a variety of life cycle housing opportunities. In response to this recommendation, the City
applied for 8771,000 of Livable Communities Demonstration Account funds from the Metropolitan Council to help
finance the project. At the time of the application, the project consisted of 18 affordable rental units, 70 affordable
independent living senior units, and 26 owner-occupied townhomes. In December, 1998, the City was informed that
we were awarded a grant in the amount of 8575,000 for the project, 830,000 of which was budgeted for the
completion of a Master Redevelopment Plan for Downtown Columbia Heights. He noted that the grant application
was prepared in cooperation with Real Estate Equities Development Company as the applicant and Crest View
Corporation which is partnering with Real Estate Equities on the assisted living senior building.
The property at 825 N.E. 41't Avenue contains NEI College of Technology which has occupied the property since
1982. The originat building was constructed in 1926 and was added to in 1951. It was first used as the High
School for Independent School District 13 and was later turned into the Junior High School. The property at 4150
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
APRIL 4, 2000
Page 3
Central Avenue N.E. is currently a vacant lot owned by the Columbia Heights Economic Development Authority
{EDA). The property 4156 Central Avenue N.E. is currently occupied by Citywide Locksmith. He noted that the
applicant has unsuccessfully attempted to enter into a purchase agreement with the property owner of 4156
Central Avenue. As a result, the applicant has requested that the EDA use the power of eminent domain to acquire
the property. The EDA will formally consider this request at their special meeting on April 11, 2000.
Mr. Hellman informed the Commission that the surrounding property on the east is zoned CBD, Central Business
District, and is used commercially. The property to the north is zoned both RB, Retail Business, and R-2, One and
Two Family Residential. The property zoned RB is currently vacant, but is the site of a planned office building.
Most of the property to the north is used residentially. The property to the south is also a combination of
commercial, residential, and institutional. The area to the west of the subject property is zoned R-2 and is used
residentially.
Rezoninq
Mr. Holtman reiterated that 825 N.E. 41" Avenue is zoned R-2, One and Two Family Residential; 4156 Central
Avenue is zoned CBD, Central Business District; and 4150 Central Avenue is zoned CBD, Central Business District.
This request is to rezone all three properties to R-4, Multiple Family Residential.
He further explained that applicable permitted uses in the R~4 District include multiple family dwelling structures,
nursing homes, and public and private schools. Multiple family dwelling structures and nursing homes are not
permitted in the R-2 or CBD Districts, therefore, the rezoning is necessary to accommodate the proposed uses.
He added that the City's Comprehensive Plan designates 825 N.E. 41 '~ Avenue for future medium density residential
development and the two properties on Central Avenue for future commercial development. Medium density
residential development should consist of four, six, and eight-family townhouse buildings. The Plan states that
appropriate zoning for medium density residential is R-3, Multiple Family Residential. The commercial designation is
designed to accommodate uses allowed in the Limited Business, Retail Business, and Central Business Districts. He
noted that the LB District allows multiple family buildings as a permitted use and nursing homes as a Conditional
Use. It was his opinion that the request is generally consistent with the intent of the Comprehensive Plan.
However, he noted that Plan includes a designation for high density residential which would accommodate
apartments. Appropriate zoning for the high density residential designation is R-4, Multiple Family Residential.
Mr. Hellman stated that because the owner-occupied townhouse units have been removed from the development,
the proposal is less consistent with the intent of the Plan than when the grant application was submitted.
However, because the subject property is designated for both commercial and medium density residential, and
because the development is being processed as a Planned Unit Development, rezoning the property to R-4 is more
appropriate than the R-3 designation. It is staff's opinion that the project is still generally consistent with the intent
of the Comprehensive Plan.
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
APRIL 4, 2000
Page 4
The draft 2000 Comprehensive Plan designates the area for future transit-oriented development and it is also
identified as a potential redevelopmerit area. The Plan states that areas designated for transit-oriented development
will include service-oriented commercial/retail development with high-density residential development providing the
balance of the development. The proposal is consistent with this recommendation.
Mr. Hollman noted that because the project is subject to the use of eminent domain on the property at 4156
Central Avenue NE, staff will recommend that action taken on the rezoning request be subject to the successful
completion of the eminent domain process.
Planned Unit Development
Mr. Hollman stated that the purpose of a Planned Unit Development is to encourage flexibility in the design and
development of land in order to promote its appropriate use. The following requirements apply to the Planned Unit
Development:
The tract of land shall be served with city sewer and water and have not less than 75 feet of public right-
of-way frontage. The subject property is served by city sewer and water, and the property greatly
exceeds 75 feet of frontage.
No principal building shall be nearer than its height to the rear or side lot line when such line abuts an R-1
or R-2 District. Provided that the rezoning is approved, the proposed lots will not abut an R-I or R-2
District.
No building within the development shall be nearer to another building than T/2 the sum of the height of the
two buildings. The project as proposed meets this requirement.
Private access ways shall be 24 feet or more in width. Having scaled the access ways on the plan it
appears that it is 22 feet in width at its most narrow point (driveways onto 41't and 42"d Avenue NE), so
the access way will need to be widened to 24 feet in these areas.
No building shall be located less than 15 feet from the back of the curb on roadways and access ways, and
three feet on service roads. The proposed senior building will be roughly 20 feet from the back of the curb
along Central Avenue and 37 feet from the back of the curb along 42"d Avenue. The proposed Building 8
of the rental units will be roughly 30 feet from the back of the curb along 41~ Avenue, and the proposed
Building D is 26 feet from the existing alley.
Guest parking ratio shag be one space for each four units with no unit having a distance greater than 200
feet to such space. Mr. Hollman noted that the Zoning Ordinance requires 1.5 spaces for each dwelling
unit in the R-4 District, one of which shall be a garage, therefore, 33 parking spaces are required for the
rental units (17 garage spaces). Also, six (6) additional spaces are required for the guest parking ratio.
The proposal includes 44 spaces (22 garages) for the rental units which meets minimum parking
PLANNING AND ZONING COMMISSOIN
REGULAR MEETING - MINUTES
APRIL 4, 2000
Page 5
requirements as 39 total parking spaces are required,
An open space system shall be designed showing recreational areas equal to at least 10% of the site area
and served by a pedestrian oriented path system. It is intended that natural areas be included as part of
the open space system. The proposal includes a sidewalk system which will serve the rental units,
connecting that portion of the development to 41'~ Avenue. Also included in the proposal is an open area
between building D and C on Lot 1 which is approximately 6,800 square feet in size. This area will contain
playground equipment. He noted that the subject property does not surrently contain any "natural" areas,
but it is staff's opinion that the proposed storm water pond can be landscaped in a manner that will make
it a passive amenity for the project. The pond area is roughly 9,539 square feet in size. This, along with
the open playground area, combines for approximately 17% of the area subject to redevelopmont. Provided
that the storm water pond is landscaped in an attractive manner, the proposed open space system meets
the intent of the Ordinance.
A sewer-water public utility system to serve the project shall be submitted, said system shall indicate a fire
hydrant distribution to the approval of the Fire Chief and in total to the City Council. This information is
subject to review and approval by the Public Works Department and Fire Department.
A street light system shall be submitted for approval and all wires shall be below ground. At this point,
staff has not seen a lighting plan, but will resommend that one be provided as a condition of approval for
the final plan review.
Plat
Mr. Hellman stated that before a final plat is submitted to the City, the developer is required to submit a tentative
or preliminary plat. The proposed plat indicates that the site will be divided into the following lots:
A. Lot 1 will be approximately 1.6 acres in size and will contain the 22 rental units.
B. Lot 2 will be roughly .65 acres and will contain the assisted living building.
C. Lot 3 will be roughly 5.2 acres and will contain NEI College of Technology and related on-site parking. He
noted that the proposed map does not label the property as Lot 3, so this will need to be amended prior to
approval of a final piat.
A number of new easements are being proposed, and some existing easements will need to be vacated.
A. Outlet A - drainage and utility easement for the reiDcared storm water pond. He noted that the storm
PLAr~NING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
A['HIL 4, 200 U
Page 6
water pond is currently located where the assisted living building is proposed. The size and location of the
proposed pond is subject to review and approval by the Public Works Department.
The existing drainage and utility easement for the storm water pond and related piping needs to be
vacated.
A proposed drainage and utitity easement is proposed around the rental units for a proposed sanitary sewer
line and water main to serve the four buildings.
There is a portion of a drainage and utility easement that encroaches into the proposed Lot 1 that wifi need
to be vacated.
Having reviewed the proposed plat, Mr. Hollman indicated that staff has a number of concerns that should be
addressed prior to approval of a final plat.
Alley - Currently, there is a north-south alley that is located west of the existing commercial properties
along Central Avenue which connects 41't and 42"~ Avenues. The proposed senior building is located over
the existing alley, so that portion of the right-of-way will need to be vacated. Also, the proposed plat does
not indicate that the right-of-way will be redirected around the senior building out to 42"~ Avenue. Staff is
recommending that the plat be amended to show the alley right-of-way being redirected to 42"~ Avenue.
He noted that staff has safety concerns about the proposed alley which will contain two 90 degree turns,
so staff will recommend as part of any final approvals that the directional changes be clearly signed and
marked, and a traffic impact barrier be provided at the point where the alley turns away from Central
Avenue to travel around the proposed senior building.
On-street parking - The plat wilt need to be amended to illustrate retocated property boundaries for NEI to
accommodate the property to be acquired by the City for on-street parking along 41~t Avenue and Jackson
St.
Lot 3- As mentioned above, the Plat will need to be amended to label the property occupied by NEI College
of Technology as Lot 3.
Accessway- The accessway, as proposed, is intended to be shared by NEI, the rental units, and the
assisted living bufiding. Currently, the plat shows certain property lines as being located in the middle of
the accessway. Staff will recommend that the accessway be labeled and described as an outlot for the
purpose of shared access.
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Parking and Traffic Circulation
As mentioned above, guest parking ratio shall be one space for each four units with no unit having a distance
greater than 200 feet to such space. He noted that the Zoning Ordinance requires 1.5 spaces for each dwelling
unit in the R-4 District, one of which shall be a garage, therefore, 33 parking spaces are required for the rental units
(17 garage spaces). Also, six (6) additional parking spaces are required for the guest parking ratio. The proposal
includes 44 parking spaces (22 garage) for the rental units which meets minimum parking requirements, as 39 total
parking spaces are required. The amount of parking proposed for the rental units meets requirements.
For the purposes of parking and zoning requirements, the assisted living senior building is being considered a nursing
home. He noted that the Zoning Ordinance does not specifically identify assisted living senior facilities as a use, so
the most closely related use needs to be used which is either a nursing home or a multiple family building. it is
staff's opinion that the proposed facility is more closely related to a nursing home than it is a multiple family
building. A nursing home requires at least one parking space for each two beds for which accommodations are
offered. The proposed assisted living building will have 50 units (beds), so a total of 25 parking spaces are required
for the building. The proposed plan indicates that 15 spaces will be provided for use by the assisted living building,
all of which are designed to back directly into the public alley. As a result, a parking variance will need to be
granted for the assisted living component of the project or an additional 10 parking spaces will need to be created.
He noted that staff has inquired about the possibility of a shared parking agreement with NEI College of
Technology. It was explained that this has not been discussed and is an unlikely possibility.
The proposal indicates that 422 parking spaces will remain on-site for use by NEI College of Technology. The
Zoning Ordinance requires vocational schools to have one parking space for every 2 1/8 students based upon actual
enrollment which is the greatest number of students enrolled and are in attendance at one time. According to
information provided to staff, NEI currently has 350 full-time students and 250 part-time students (600 total).
Based on the minimum parking regulations, they are required to have 282 on-site spaces. As mentioned above, 422
spaces will remain on-site which meets minimum parking requirements for NEI.
Of these 422 parking spaces, 366 will be standard size, 46 will be compact, and 10 will be handicapped-accessible.
Mr. Hullman noted that the Zoning Ordinance allows schools with over 300 parking spaces to utilize compact
parking provided that not more than 40% of the spaces are compact and the spaces are not less than 8 feet wide
by 18 feet in length. The proposed compact spaces are 8.5 feet wide by 18.5 feet in length and roughly 11% of
the total spaces will be compact, so this is in compliance with the Ordinance. The standard spaces are described as
9 feet wide by 18.5 feet in length with a 27 foot drive aisle. The required length of a parking space is 20 feet,
therefore, the plans will need to be amended to accommodate 20 foot spaces. This will shorten the width of the
drive aisles to 24 feet which is a satisfactory distance for safe traffic circulation.
NEI College of Technology is maintaining the position that they will need 500 parking spaces to meet projected
parking demands. As a result, the development proposal is including an additional 84 parking spaces which will be
constructed on-street. 55 parking spaces are proposed to be located along 41" Avenue and 29 are proposed along
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Jackson Street. As mentioned earlier, additional right-of-way will need to be acquired to accommodate this on-
street parking.
The proposed development will utilize an existing access from 42"d Avenue and a new access will be created off 41"
Avenue. He noted that the Traffic Commission had reviewed and approved the proposed accesses but were
opposed to the on street parking. The proposed on-street parking spaces generate safety concerns as well as
maintenance concerns, but, he added that on-street parking can also have a traffic calming effect which can benefit
traffic circulation in the area. The proposed development will accommodate internal traffic circulation though the
addition of residential units on the site will generate some additional traffic on the surrounding system that is not
currently there.
Mr. Hollman indicated that one point of concern pertains to the configuration of Jackson Street in the project.
Currently, Jackson St. is a one-way road south from 42"~ Avenue where the public right-of-way ends roughly 200
feet south of 42"d Avenue. Traffic can stdl travel through the site either in the parking lot west of NEI or through
the parking lot north of NEI. He noted that this is an existing condition, but staff will recommend that the one-way
system and private drives be clearly marked and signed.
Life Cycle Housin~J Studv
The Life Cycle Housing Study which was completed for the City in May, 1998, recommended that 99 ownership
townhouses be constructed in the City by 201 O, and it also recommended the construction of additional housing for
seniors. The Study stated that 131 rental assistance sertificates be added for affordable rental units in the City,
but new affordable rental should not be constructed in the City unless it is subsidized. The proposed rental units
will receive subsidies through the Minnesota Housing Finance Agency, Metropolitan Council, and other sources, so it
is consistent with the recommendation in the Study. However, construction of affordable rental units was not
identified as a priority for the City.
Height Variance
As mentioned earlier, the proposed assisted living senior building will be a maximum height of 40 feet. The
maximum height allowed in the R-4 District is 35 feet so a variance is necessary. Mr. Hollman informed the
Commission that Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance, it
shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional
topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue
hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In
order for a variance to be granted, hardship needs to be established.
He stated that the height of the building at Central Avenue was measured to be 26 feet which meets the maximum
height requirement, but the grade elevation drops west of Central, so in order to maintain a level roof line, the
maximum height of the building is 40 feet from grade where the grade drops. It is staff's opinion that topography
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of the property creates a legitimate hardship on which to base an approval of the variance.
Miscellaneous
The Police Department has stated that they are supportive of the assisted living senior building component of the
project, but they suggest that secure parking and adequate lighting be provided to deter theft and vandalis~n. They
also stated that they have some major concerns with the affordable rental component. They are soncerned that the
City currently has several areas of high density residential that take a great deal of City resources. The Police
Department is also conserned about the proposed diagonal parking in front of NEt, particularly regarding safety
issues. He referred to the memo dated March 27, 2000, from the Police Chief providing detailed information
regarding these sonserns.
One possible alternative to the on-street parking along 41" Avenue is the construction of another on-site parking lot
between the building occupied by NEI and 41" Avenue. This would alleviate concerns about on-street parking but it
would also create more impervious surface in the area and would remove some of the existing green/open space in
the area. Mr. Hollman added that if the Planning and Zoning Commission felt it important to remove the on-street
parking along 41" Avenue, the developer could be requested to design a parking lot in this area prior to plan
approval.
Mr. Hollman informed the Commission that the plans do not indicate proposed locations for waste material storage.
The Columbia Heights Zoning Ordinance requires that waste material storage be located and fenced so as to be
removed from public view. He added that Staff will recommend that the plans be amended to accommodate waste
material storage.
The assisted living senior building is required to have at least one loading berth that is no less than 12 feet in width,
25 feet in length, and 14 feet in height. The location of this loading berth shall not be located less than 50 feet
from the lot line of an abutting lot in an "R" District and it shall not occupy front yards or side streets. Also, the
loading berth shall be located with appropriate means of vehicular access to a public street or alley so as not to
interfere with traffis. You will note that the plans accommodate an arced driveway off 42"d Avenue which is large
enough to accommodate a leading berth. This berth is more than 50 feet from an abutting residential lot and does
not occupy a side street, so it is in compliance with the Ordinance.
The Zoning Ordinance requires that screening be provided between commercial and residential uses. Mr. Hollman
stated that Staff will recommend that the plans be amended to provide screening between the proposed
development and the existing commercial development east of the subject property.
Chairperson Ramsdell opened the public hearing and requested the developer to speak first.
Keith Jans, Vice-President of Real Estate Equities, was present to give an overview of the proposed project. He
indicated that the target date for commencing construction is July/August of 2000 starting with the rental
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townhomes first. He stated that his company currently manages 1100 units in the Metro area and own 22 units.
Chairperson Ramsdell stated that the response to low income housing by the public is usually negative and asked
Mr. Jans to describe what the qualifications would be for the low income housing.
Mr. Jans stated that the rents charged would be equal to the market rate with a two bedroom unit renting for ~635
and a three bedroom unit renting for $730 a month. There are also income maximums to qualify depending on the
size of the family unit.
Commissioner Shattuck asked what the vacancy rate was of the units Mr. Jans company manages and what
percentage might be receiving public assistance.
Mr. Jans responded that there is less than a 1% vacancy rate with about 10-20% receiving public assistance or on
the Section 8 Program.
Chairperson Ramsdell stated that the Traffic Commission denied the on street parking and also stated that the
Police Department has indicated problems with the diagonal parking. He was concerned that the accessway behind
the senior housing unit was a 90 degree turn. He asked Mr. Jans if these issues had been addressed.
Mr. Jans responded that the accessways were actually 24 feet in width. He explained that the diagonal parking
design was the most cost effective way to be able to accommodate the demands of NEI for their required 500
minimum parking spaces.
The property owner of 4219 Jackson Street was present to express her concerns with parking at NEI stating that
the lot can be full at certain times of day during the winter.
The property owner of 4204 Jackson Street was present to ask if anyone had looked at the properties Real Estate
Equities owned or operated to see what kind of appearance those sites presented.
Terry Troy, representing Real Estate Equities, was also present. He stated that the company had been in business
for thirty years and must be doing something right in order to stay in business, Some of the properties the company
operated were located in Hopkins, St. Paul and he offered to provide City Staff with a list for people to obtain and
visit if they desired.
Commissioner Shattuck asked Mr. Troy if the company had built similar structures. Mr. Troy responded that they
had but all developments vary greatly in one respect or another.
Commissioner Johnson asked about financing for the project. Mr. Troy replied that there is a process that they go
through for bids, etc.
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Virginia Novitsky of 4256 Van Buren Street was present to state that over the years she has had a problem with
sewer backups as have other people in the neighborhood. She added that when there is a heavy rain, the storm
drain covers in the street pop. She also expressed a concern with the extra traffic that will be generated from this
proposed project going to Rainbow through the neighborhood. She felt the project was to large for the land area.
She also brought up the fact that when Rainbow was approved, the streets were reconstructed to handle the
heavier traffic (truck traffic) going to Rainbow for deftvaries. She stated that the burden of the cost for the thicker
streets fell on the taxpayers of the area. She did not want to see this happen again.
Commissioner Yehle asked staff who would be responsible for the costs to install increased sewer capacity if
needed for this development.
Ken Anderson, Community Development Director, responded that the developers would be responsible for on site
sewer and water installations, and storm water pipe system.
Chairperson Ramsdell informed the audience members that the Planning and Zoning Commission was a
recommending body to the City Council and that this case was a preliminary review of the proposed project, adding
that it was the City's attempt to gather public input regarding the project and to be able to address the many
concerns and issues before the final plan is considered. He stated that there would be other meetings reviewing this
proposal before all is said and done.
Councilmember Szurek was in attendance and asked the developers what the significance was of the company
being responsible for the project for a minimum of 15 years. She also inquired if the 15 year time period had
anything to do with the Livable Communities Grant the city received.
Mr. Jans stated that fifteen years was the minimum holding period for investment on equity, the equity partnership
ends at fifteen years. He did state that the units could then be marketed to the public. The fifteen year period does
not have anything to do with the grant received by the city.
Councilmember Szurek asked if the Federal Government put any restrictions on the development due to the grant or
if the units could be purchased later by individuals. Mr. Jans responded that it was a possibility but not a common
practice.
Commissioner Shattuck asked if the tax increment financing portion was part of the grant money. Mr. Anderson
stated that the tax increment financing will be considered by the EDA.
Joe Marthe of 4227 Van Buren Street was present. He asked if the parking at NE] determines how many students
are allowed. He also added his concerns with the amount of traffic that would be added to Van Buren Street with
this project.
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Harry Wilcox, Facilities Manager for NEI, stated that he has witnessed raw sewage backup co-mingled with storm
water at the school verifying as fact the concerns of an eartier homeowner. He felt the City should resolve the
sewage problem as he has seen it floating in the school parking lot after a heavy rain. He added that the school had
about 900 students in 1982 but the enrollment has declined through the years.
Shirley Barnes, representing CrestView Corporation, stated that CrestView has been in the community since 1952.
The new residence opened in June of 1999 and is full with a waiting list proving that there is a great need for
affordable senior housing in this area. Elderly want to stay where they have lived for years and feel comfortable
with the shopping, nursing, etc. Their facility that is proposed will not require as much parking area as very few of
the residents have vehicles and there would not be as many staff as at a skilled care facility. She stated that Real
Estate Equities is a company that they know wig work for them.
Chairperson Ramsdell asked how CrestView will manage the coffee shop opened to the public adding that the
parking requirements would have to be addressed for that type of use based on the seating capacity or square
footage. Ms. Barnes added that it had not yet been fully addressed.
Bev Sanderson of 4206 Van Buren Street stated that she has experienced the sewer backup and she lives at the
top of the hill. She also expressed concern with the holding pond as she has small children and worried about
mosquitos and disease contracted from them. She also asked if the housing units could be owned rather than
rental. She inquired if the project would be put to a vote by the public.
Roger Peterson of 4113 Quincy Street stated that the combination of traffic from NEI, Immaculate Conception
Church and School and the church on Van 8uren Street plus the neighborhood traffic could max the roads in the
area.. He asked where the visitors to the proposed development are going to park. Mr. Hollman stated that there
are parking areas designated for parking on site.
Commissioner Shattuck felt the number of parking spaces the Zoning Ordinance currently requires for apartment
buildings are too low indicating that the figures used are 1970's criteria and that needs to be considered.
Commissioner Yehle expressed his concern with the commentary received regarding the insufficiency of the sewer
system in the area and directed staff to look into the problem.
Chairperson Ramsdell closed the public hearing.
Motion by Yehle, seconded by Johnson, to recommend to the City Council the adoption of Ordinance 1411 which is
an Ordinance rezoning 825 - 41" Avenue N.E., 4150 Central Avenue N.E., and 4156 Central Avenue N.E. to R-4,
Multiple Family Residential District, as the proposal is generally consistent with the intent of the City
Comprehensive Plan, subject to the following condition:
Successful acquisition of 4156 Central Avenue N.E. through eminent domain by the Columbia Heights
Economic Development Authority.
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Commissioner Shattuck asked the City Attorney what the chances are with the eminent domain process. Attorney
Hoeft replied that there would be nothing to chance, if the EDA approves the taking of the property by eminent
domain, it will be done, it would be a matter of what dollar factor.
Voice Vote: All Ayes. Motion passed.
Motion by Yehle, seconded by Ramsdell, to recommend to the City Council the approval of the five foot height
variance for the proposed assisted living senior building as topography of the property creates a hardship. Voice
Vote: All Ayes. Motion passed.
Motion by Yehle, seconded by Shattuck, to recommend to the City Council the approval of the preliminary plan for
the planned unit development at 825 - 41'~ Avenue N.E., 4150 Central Avenue N.E., and 4156 Central Avenue N.E.,
subject to the following conditions:
City Council adoption of Ordinance 1411, rezoning the subject property to R-4, Multiple Family Residential
District.
2. City Council approval of the five foot height variance for the proposed assisted living senior building.
3. Successful negotiation of a purchase agreement between the applicant and NEI College of Technology.
Successful negotiation of a development agreement(s) between the applicant and the Columbia Heights
Economic Development Authority.
5. City Council approval of the preliminary and final plat for the project.
6. The plat shall be modified to include the following:
The plat shalt be amended to illustrate the alley right-of-way through the property;
The plat shall be amended to illustrate relocated property boundaries for NEI to accommodate
property to be acquired by the City for on-street parking;
The property occupied by NEI will need to be labeled as a Lot;
The private accessway will need to be labeled and described as an outlot for the purpose of
shared access.
7. The creation and vacation of pertinent easements shall be approved by the City.
8. The private accessway will need to be no less than 24 feet in width.
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9. The landscaping plan shall be amended to accommodate landscaping in and around the stormwater pond to
create an open space amenity in the area.
10. The proposed public utility system will need to be reviewed and approved by the Public Works Department.
11. Drainage and Grading plans will need to be reviewed and approved by the Public Works Department.
12. Plans will need to be appraved by the Columbia Heights Fire Department for emergency vehicle access and
hydrant distribution.
13. A lighting plan shall be submitted for review and approval as part of the final plan review.
14. Directional changes in the public alley shall be clearly signed and marked, and a traffic irapast barrier shall
be provided at the point where the alley turns away from Central Avenue to travel around the proposed
senior building.
15. A parking variance for the assisted living senior building will need to be applied for and approved, or
additional parking spaces will need to be provided to meet minimum requirements.
16. The plan shall be amended to illustrate the standard parking spaces as 20 feet in length.
17. The traffic circulation system shall be clearly signed and marked on the site, including
identification of any one-way systems and private accessways.
18. The plans shall be amended to accommodate waste material storage.
19. The plans shall be amended to provide screening between the proposed development and the existing
commercial development east of the subject property.
Voice Vote: All Ayes. Motion passed.
**THIS CASE TO APPEAR ON THE APF~IL 24, 2000 CITY COUNCIL AGENDA.
Public Hearing
Appeal
Case #2000-0409
Genuine Parts Company
RE: 4043 Central Ave.
Columbia Heights, Mn.
Mr. Hallman presented the request of Genuine Parts Company to appeal a determination made by the Columbia
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Heights Building Official stating that the portion of the Columbia Heights Mall occupied by NAPA Auto Parts at
4043 Central Avenue NE cannot be painted blue.
Mr. Hallman explained that the original site plan for the mall was approved in 1981. During the regular meeting of
March 2, 1999, the Planning and Zoning Commission approved a site plan to allow the build-out of the Columbia
Heights Mall. Also, in April, 1999, the Planning and Zoning Commission approved a site plan to allow the
construction of the Columbia Heights Transit Hub in the northwest corner of the property.
The surrounding property on the north, south, and west is zoned CBD, Central Business District, and is used
commercially. The property to the east is zoned R-4, Multiple Family Residential, and is occupied by Parkview Villa
and Lobelie Condominiums.
Mr. Hallman informed the Commission that the determination of the Building Official was based on the following:
The original site plan for the Mall was approved in September, 1981. At that time, the site plan for the
Mall and the office building at 3989 Central Avenue N.E. were reviewed as part of the same development
proposal. The staff report for that review (attached) stated that the Mall will have a similar motif as the
office building. The lower half of the Mall will be a brick fascia and the upper half of the building will have
aluminized metal panels. Based on this information, it is staff's understanding that the intent was to
maintain a similar appearance for the two structures. As a result, Mr. Hogman stated that it has been
determined that painting that portion of the building that is occupied by NAPA blue will create an
inconsistent appearance between the buildings and would not be allowed.
According to the applicant, NAPA's appeal is based on the fact that they need to paint the building blue for their
national image and retail exposure.
Mr. Hogman noted that staff has evaluated Section 9.117A of the Columbia Heights Zoning Ordinance which
regulates signage in the City to determine if painting the building blue is considered signage. The Ordinance defines
sign as follows: "A structure, device, advertisement, advertising device or visual representation intended to
advertise, identify or communicate information to attract the attention of the public for any purpose and without
prejudice to the generality of the foregoing. A sign includes symbols, letters, figures, graphics, or forms painted or
otherwise affixed to a building or structure intended to attract the attention of the public far any purpose. This
definition includes a structural or non-structural device which borders, illuminates, animates or projects the visual
representation." Based on this definition, it is staff's opinion that painting the building blue does not constitute
signage. Even though the intent of the request is to create additional retail exposure, Mr. Hallman felt painting the
building does not meet the definition of a sign.
Commissioner Shattuck asked who is the owner of the mall and his take on the matter.
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Mr. Hollman stated that he had spoken with Robert Grootwasink, owner of the mall, and Mr. Grootwasink objected
to the tenant space being painted blue but would allow an awning to be installed similar to that of the StarBar.
Tom Philtippi was present representing NAPA. He stated that it was his understanding that the owner had given
NAPA the approval to paint the tenant space blue. He informed the Commission that the blue was necessary as a
national identification mechanism.
Commissioner Shattuck felt the blue would detract from the appearance of the rest of the mall.
Commissioner Yehle was concerned by the differing comments by the owner of the mail.
Commissioner Johnson asked Mr. Phillippe if the color of the exterior of the tenant space was addressed in their
lease. He stated that when he signed his lease, it was very clear what could and could not be done. He agreed that
a canopy may be the answer.
Councilmember Szurek stated that the City Council would not be amenable to painting the tenant space blue and
probably prefer to see a colored sanopy or lighted awning.
Motion by Shattuck, seconded by Johnson, to deny the appeal of the determination made by the Columbia Heights
Building Official stating that the portion of the Columbia Heights Mall occupied by NAPA Auto Parts at 4043
Central Avenue N.E. can not be painted blue. Voice Vote: All Ayes. Motion passed.
STAFF REPORTS:
A. Mr. Hollman informed the Commissioners that the Government Training Service is providing classes that would
be advantageous to the Commissioners in their duties on the Planning and Zoning Commission. He provided them
with a list and dates of classes and asked them to respond back to him regarding the class or classes of their choice
and dates and he will take care of registration and payment.
B. Mr. Hollman informed the Commission that the draft Comprehensive Plan is ready to proceed through the public
hearing process. He suggested that a special Planning and Zoning commission meeting be held preferably the end of
April with an open house beginning at 6:30 p.m. for informal review of the draft plan and then condust the formal
public hearing at 7:00 or 7:30 p.m. If problems with the plan arose, the Commission could table the plan for
changes or if no opposition, the plan could be recommended for approval to the City Council. Discussion was held
on an agreeable date.
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Pape 17
C. Ken Anderson informed the Commission that a Technical Advisory Commission has been formed between the
cities of Columbia Heights and Fridley to conduct a joint study on how to capitalize on the Medtronic development in
respect to needs for housing, restaurants, hotels, etc. In addition, he added '~hat a Joint Task Forcehas been formed
that will be made up of a Planning and Zoning representative from each city, one HRA/EDA Commissioner,
representatives for the respective City Councils, and a business representative with David Behlow, Supeintendent of
School District 13, as chair. The goal is to take advantage of the new employees that will fill the Medtronic facility
and their needs for housing, etc. and to work together to "corner the market" for a hotel/conference center,
restaurants and housing developments in our areas. He stated the the intent was to have the study completed by
November of this year to be presented to the City Councils for approval by January 2001. He added that this
development would have a significant impact on the entire area of Columbia Heights and Fridley. Mr. Anderson ·
stated that a RFP has been prepared for a consultant to do a land use and marketing study on where we can
identify areas for redevelopment for housing, etc. in Columbia Heights and Fridley before they go to Blaine or
Andover, etc.
Motion by Shattuck, seconded by Johnson, to adjourn the meeting at 9:45 p.m. Voice Vote: All Ayes. Motion
passed.
Respectfull ubmitted
Kathryn Pepin
Secretary to the Planning and Zoning Commission
kp