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Home My WebLink About10-25-1993* CITY OF COLUMBIA HEIGl � LINDA MAGEt / 590 40th Avenue N. E. � Col ASSISTANT ·TO CITY MANAGER rxt.��-�K :::: I M=yn, Jr.Ip/(? rr �Ln°�<f'-r' v" 6-'lt" /October 22, 1993 Councilmembers Sean T. Clerkin Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October 25, 1993, in the City Council Chambers of City Hall at 590 40th Avenue NE, Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or ctivities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance: Please call the City Council Secretary at 82-2800, Extension 209, �-0 ma�c;,..Jrr�ents. (TDD/782-2806 fo!___deaf only) I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. Consent Agenda COUNCIL AGENDA Page 2 Council Meeting of October 25, 1993 . I Public Hearings/Ordinances & Resolutions i·,D'vf fY''al<'lles olution 93-__ ; Joint Powers Agreement with Anoka County for Maintenance of County State V Aid Highways and Roads � .,,-\6 I ,k..!)/0 ) ��MENDED MOTION: M.ove �reading of the resolution, there being ample copies a eiior th· �lie. � 0 . . � ."�COM D � N: ove t a o Resolution 93-__ ; being a resolution to enter into � a Joint Powe, g e me�elating to the ntenance of County Routes within the City. ::1.2 . .-") �ic Hearing on License Revocation, Rental Property at 3J11 Tyl�Jr;� N�,\v��i�� t v"(Motion to be submitted Monday, October 25, 1993, after f\n�ctio�f property.)7 � 1 ,1)\ .... � --1C<ll'I . esolution 93-__ ; Being a Resolution Establishing A�· ount of City Share and Amount of Special Jssessments on Projects to be Levied . � V JD RECOMMENDED MOTION: Move to w�ivdJJ/fo r�in of ihe r��o!�!.Jfon, there being ample copies available to the general public. RECOMMENDED MOTION: luti6"n �-__ ; Being a Resolution Establishing -.-· 'Assessmen ts on Projects to be Levied . . esolution 93-__ ; Being a Resolution Certifying Delinquent Assessments RECOMMENDED MOTION: Move to waive the reading <)fihe resolution, tl}er� J>.�ng��le )°piesavailable to the general public. / /"\ . /l /) A (bf/a _,,, U _/ RECOMMENDED MOTION: Move to adopt Resolutiqn(j.3'!' __ ; Being a �lution Certifying '\. r inquent Assessments.•••, Resolution 93-__ ; Being a Resolution on Unfunded MandatesRECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 93-__ ; Being a Resolution on Unfunded Mandates. ution 93-__ ; Labor Agreement Between the City of Columbia eights and2h International Association of Firefighters, Local No. 1216 1J.A / --cJV RECOMMENDED MOTION: Move to waive the re di 1 of the res ution, there b mg ample copies available to the public. c Labor Agreement Between the City of Columbia Heights an �. ernatio l Association of RECOMMENDED MOTION: Move to adopt Resolution 93-__ ; B}j in v R sol · tion regarding the Firefighten, Local No.1216. . 5 --'z9 COUNCIL AGENDA Page 3 Council Meeting of October 25, 1993 �ond Reading of Ordinance 1277; Bcing an Ordinance Amending Ordfoance No. 853, City Code{Y ::c�977, Pertaining to Licensing of Gasoline Stations <:: (1 i RECOMMENDED MOTION: Move to waive the rrading of the or ' there� amp copies available to the public. _.!;;> RECOMMENDED MOTION: Move to adopt Or 4n ce No. 1277, Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining 'to Licensing of Gasoline Stations. h.First Reading of Ordinance No. 1280; Being an Ordinll'n ce Amending Cha pte\ 5, Sections 35 through46 of the Charter of the City of Columbia Heights Pertaining to the Refiren�um and ReferendumPetitionsRECOMMENDED MOTION: Move to waive the readinavailable to the publi c.RECOMMENDED MOTION: Move to schedule tag....0rdinan ce Amending Chapter 5, Sections 35 thr eights Pertaining to the Referendum and Referen er Ordinances and Resolutions Nw Other Communi cations ·Violation of Cable Franchise regardin JD) RECOMMENDED MOTION: Move to�n�ur with the finding of the Columbia Heights/Hilltop cable Commission, and grant a varianc� 'Meredith Cable Company to extend the deadline forimplementation of stereo sound on all channels capable of being transmitted in stereo to April 1,1994, contingent upon the following: In return for granting the variance, Meredith Cable Companywill provide a video toaster for the local cable access studio including training for two city staffmembers, a television, VCR, and stand will be given to the City of Columbia Heights to use whereth� see fit, and Meredith Cable Company will provide video tape to parents in a child ID programbe held in conj unction with the Police Department. Authorization to Seek Bids for the Installation of an Elev t1>r and Unisex Restroom0the Columbia Heights Publi c Library / (Information will b.e distributed Monday evening.) � t9RECOMMENDED MOTION: Move to authorize Gary a , Ar chitect, Inc. to proceed with the preparation of bid specifications and the seeking of bids r the installation of an elevator and unisex restroom at the Columbia Heights Public Library. �r Old Business COUNCIL AGENDA Page 4 Council Meeting of October 25, 1993 equest for Waiver of Construction Permit Fee for 1002 Gould A venue RECOMMENDED MOTION: Move to deny the request from Twin Cities Habitat for Humanity for a wa,ive'r of a construction permit fee for 1002 Gould A venue NE. Joint Powers Agreement -Line/Replace Storm Sewer O�tf l Extending f?>m Argonne Drive to ertiary Pond, Project #9123 L /() J RECOMMENDED MOTION: Move to ap o e Joint Power::lgreement with the City of New _jrighton to line/replace the storm sewer out all extending from Argonne Drive to Tertiary Pond. �••e Authorization to Accept Community Tree Planting Grant RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to accept the Community Tree Planting Grant and that the proceeds from the grant be deposited in Fund 101-00- �for use in defraying the costs of diseased tree replacement. {) u,ne, New Business � 10.Reports j a.Report of the City Manager b.Report of the City Attorney enses COMMENDED MOTION: Move to approve the 1993 license applications as listed upon payment °'RECOMMENDED MOTION: Move to pay the bills as listed out of proper funds. Adjournment RECOMMENDED MOTION: Move to adjourn. PH:bs 93/120 Attachments Pat Hentges City Manager . OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETINGOCTOBER 11, 1993 The Counci 1 Meetinq was cal led to order at 7: 00 p.m. by Mayor Murzyn. 1. 2. 3. ROLL CALL Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn -present PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items on the Consent Agenda were addressed by the City Council: Minutes of Previous Meetings The Counci 1 approved the minutes of the Regular Counci 1 Meeting of September 27, 1993 as presented. Variance -St. Matthew Church, 4101 Washington Street The Council approved the 21 foot front yard setback variance and one foot height variance to allow a new freestanding sign at 4101 Washington Street. St. Matthew Church -Request for Refund The Council denied the request of St. Matthew Church fo refund of the $50 fees paid for the filing of two variances for signage at 4101 Washington Street. "No Parking" Zone on the South End of Circle Terrace Boulevard The Council approved restricting parking on the east side from the driveway for 1200-1202 to a point 40' southeast of the northeast property corner of 1200-1202 and restricted parking on the west side from a point opposite the driveway of 1200-1202 to the southwest corner of the property at 1207 Circle Terrace Boulevard based on the recommendation of the Traffic Commission. • Traffic Pattern for Proposed Development Site at 37th Avenue and Fifth Street The Council approved the proposed site plan and traffic pattern for the proposed development at 37th Avenue and Fifth Street based on the recommendation of the Traffic Commission. Parking and Traffic Circulation for Proposed Expansion of Industrial Steet, 533 37th Avenue The Council approved the parking and traffic pattern for the proposed expansion of Industrial 37th Avenue based on the recommendation of Commission. circulation Steel at 533 the Traffic REGULAR COUNCIL MEETING ·· OCTOBER 11, 1993 PAGE 2 Authorization to Purchase Picnic Tables with Donated Funds The Council authorized the purchase of six picnic tables from Flanagan Sales for $3,056.33 from funds donated by the Columbia Heights Athletic Boosters in Fund 883. Civil Defense Appreciation Dinner The Council authorized up to $2,000 to be spent from the Civil Defense budget to host an annual appreciation night for the Fire and Police Reserve Units. The Mayor and City Manager were authorized to enter into contracts as needed for this event. License Applications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. 4.APPROVAL OF CONSENT AGENDA 5, Motion by Nawrocki, second by Clerkin to approve the Consent Agenda as presented. Roll call: All ayes OPEN MIKE/PRESENTATIONS/PROCLAMATIONS Jerry Finney, 4645 Fifth Street, advised the Council that Habitat for Humanity is currently working on building a home at 1002 Gould Avenue. He inquired if consideration could be given to waive the construction fee as this organization is non-profit. The City Manager stated that staff will attempt to adjust the fee. Counci !member Nawrocki recalled that the parcel on Gould Avenue was owned by the City and donated to Habitat for Humanity. He inquired if consideration is being qiven to giving the home to a Columbia Height's resident. Joanne Finney, who serves on the Family Selection Committee for Habitat for Humanity, responded that inquiries have been received from both residents and non-residents. No selection has been made at this time. 6.PUBLIC HEARINGS/RESOLUTIONS/ORDINANCES a.Resolution No.93-48; Levy of Private ConstructionCharges REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 3 : Motion by Clerkin, second by Nawrocki to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-48 Adopting assessment roll according to City Charter for the following local improvement and determining that said improvement has been made and ratifying and conforming all Private Construction Agreements and Petition and Waiver forms heretofore received: Special Assessment numbered 892, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 11th day of October, 1993, in the City Council Chambers, 590 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVED: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 892. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment." And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. REGULAR COUNCIL MEETINGOCTOBER 11, 1993 PAGE 4 Section 3. That said assessments may be paid in part or in full without interest on or before November 10, 1993, or in annual installments for a period of two years as designated on the assessment roll, payable on or before the 15th day of September, annually, with 9.5% interest thereon from date of levy. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm al 1 other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 892 -Project #9300. Section 5. This resolution shall take effect immediately upon its passage. Passed this 11th day of October, 1993. Offered by: Seconded by: Roll call: Clerkin Nawrocki All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary b.Resolution No. 93-49; Being a Resolution Establishing1994 Business License Fees Councilmember Nawrocki observed that there is nothing in the resolution which reflects the actual costs of administering the license. Discussion continued regarding some parts of the fee structure which needed additional explanation. These items will be placed on the agenda of the next Council work session. Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-49 ESTABLISHING 1994 BUSINESS LICENSE FEES REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 5 WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and, WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees _charged by other communities; and, WHEREAS: The City is attempting to maintain business licenses which are comparable; and, WHEREAS: The City annually reviews its business license fee schedule NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 1994. Passed this 11th day of October, 1993. Offered by: Seconded by: Ro 11 ca 11 : Ruettimann Peterson Al 1 ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary c.Resolution No. 93-50; Grant Program for Additional PoliceOfficers Motion by Nawrocki, second by Clerkin to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-50 BEING A RESOLUTION SUPPORTING SUBMISSION AND AUTHORIZING BUDGET COMMITMENT TO THE FEDERAL POLICE HIRING SUPPLEMENTAL GRANT PROGRAM FOR TWO ADDITIONAL POLICE OFFICERS WHEREAS: The City of Columbia Heights, Minnesota is applying to the Bureau of Justice Assistance for a grant for two police officers to be used to further community oriented policing efforts of the Police Department; and REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 6 � WHEREAS: Part of the criteria for granting this request requires a commitment on the part of the City Council to fund 50 percent of the salaries of the two officers over the three-year grant period and to continue these positions at the conclusion of the grant; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights City Council agrees to match the funds required by the grant and to retain these positions at the conclusion of the three-year period. Passed this 11th day of October, 1993. Offered by: Seconded by: Roll call: Nawrocki Clerkin All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary d.First Reading of Ordinance No. 1277 Pertaining toLicensing of Gas Stations Motion by Peterson, second by Clerkin to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1277 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LICENSING OF GASOLINE STATIONS The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.208(1-6) of Ordinance No. 853, City Code of 1977 which reads as follows, to wit: 5.208(1) No person shall engage in or conduct the business of operating a gasoline filling station without a license issued pursuant to the provisions of this chapter. 5.208(2) Applicants for a lic:ense under this section shall indicate on the application the number of gasoline pumps to be installed on the premises. REGULAR COUNCIL MEETINGOCTOBER 11, 1993 PAGE 7 : 5.208(3) The Clerk shall forward the application to the Chief of the Fire Prevention Bureau for a report indicating whether the proposed operation will be in compliance with all provisions of the Fire Prevention Code. 5.208(4) An applicant under this section shall furnish the clerk with a bond in the sum of $10,000 to indemnify and save harmless the City from and against any claims, damage or expense against the City by reason of the maintenance and operation of a gasoline filling station on any portion of a public street, sidewalk or public way. 5.208(5) No licensee under this section or his agent or employee, shall fill or allow to be filled, the gasoline tank of any motor vehicle while the engine or motor of such vehicle is running or in motion, or while any person is smoking in or about the pump area of the gasoline filling station. 5.208(6) No licensee under this section, or his agent or employee, shall deceptively mislead customers by displaying false or incomplete price figures on signs that are designed to indicate the price of gasoline. is herewith amended to read as follow, to-wit: 5.208(1) No person shall engage in or conduct the business of operating a gasoline filling station without a license issued pursuant to the provisions of this chapter. 5.208(2) Applicants for a license under this section shall indicate on the application the number of gasoline pumps;to be installed on the premises. 5.208(3) The Clerk shall forward the application to the Chief of the.Fire Prevention Bureau for a report indicating whether the proposed operation will be in compliance with al 1 provisions of the Fire Prevention Code. 5.208(4) No license under this section or his agent or employee, shall fill or allow to be filled, the gasoline tank of any motor vehicle while the engine or motor of such vehicle is running or in motion, or while any person is smoking in or about the pump area of the gasoline filling station. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 8 5.208(5) No licensee under this section, or his agent or employee, shall deceptively mislead customers by displaying false or incomplete price figures on signs that are designed to indicate the price of gasoline. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 11, 1993 Motion by Peterson, second by Clerkin to schedule the second reading of Ordinance No. 1277 for October 25, 1993. Roll call: All ayes e.Second Reading of Ordinance No. 1278 Pertaining toLotsplit Motion by Ruettimann, second by Murzyn to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO LOT SPLIT The City of Columbia Heights does ordain: Section 1: Chapter 9, Article IV, Section 7, Subdivision 2, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 9.407(2) Whenever such "lot split" is to be made hereunder, such subdivision can be made without further platting with approval of the Council if the Council shall find that such subdivision facilitates and does not hinder the transfer and conveyance of the land; does not hinder the making of assessments and keeping of records connected therewith; does not result in the creation of any parcel (within or without the subdivision) of a size in area which is less than is required for purposes of construction of a building on such parcel under the zoning laws and building regulations of the City, and does not result in the creation of any parcel which is more than 10' less than the minimum lot width required by the Zoning Code for building on the said parcel. The Council must further find that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect tq the land as might be imposed upon a pfatting; REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 9 that the subdivision is in accordance with the qoals of the prevailing 2oning ordinances and City plan; and that the subdivision has provided such plans for drainage, streets, sewers, and other public utilities as is consistent with sound engineering and planning standards. is herewith amended to read, 9.407(2) Whenever such "lot split" is to be made hereunder, such subdivision can be made without further platting with approval of the Council shall find that such subdivision facilitates and does not hinder the transfer and conveyance of the land; does not hinder the making of assessments and keeping of records connected therewith; does not result in the creation of any parcel (within or without the subdivision) of a size in area which is less than is required for purposes of construction of a building on such parcel under the zoning laws and building regulations of the City, and does not result in the creation of any parcel which is less than the minimum lot width required by the Zoning Code for building on the said parcel. Any variances required or requested for said lot split, shall be sought and approved pursuant to Section 9.105(3) of the City Code. In no case shall a variance for lot width be granted so that any lot is less than 90% of the required lot width. Th Council must further find that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect to the land as might be imposed upon a platting; that the subdivision is in accordance with the goals of the prevailing zoning ordinance and City plan; and that the subdivision has provided such plans for drainage, streets, sewers, and other public utilities as is consistent with sound engineering and planning standards. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: Offered by: Seconded by: Roll call: September 27, 1993 October 11, 1993 October 11, 1993 Ruettimann Murzyn All ayes Mayor Donald J. Mur2yn, Jr. Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 10 f.Second Reading of Ordinance No. 1279 Pertaining to LotWidth Motion by Nawrocki, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes Councilmember Nawrocki inquired if all possible alternatives had been looked at regarding lot widths. The City Manager referred the Council to the attached illustration which addressed possible configurations. He advised the minimum horizontal distance was the primary consideration. Councilmember Ruettimann requested that the illustration be added to the ordinance to it could be used as an appendix which addressed the "spirit" of the ordinance. The City Attorney stated that this could not be done in the body of the ordinance but can be accomplished with a resolution. He drafted the Resolution No. 93-51 which is a companion to Ordinance No. 1279. ORDINANCE NO. 1279 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO LOT WIDTH The City of Columbia Heights does ordain: Section 1: Chapter 9, Article I, Section 3, Subdivision 47, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 9.103(47) Lot Width: The maximum horizontal distance between the side lot lines of a lot measured within the first thirty (30)feet of the lot depth. is herewith amended to read, 9.103(47) Lot Width: The minimum horizontal distance between the side lot lines is measured at the median point of the front yard setback line. Section 2: This ordinance shall be in full force and effect from and after ·thirty (30) days after its passage. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 11 First reading: Second reading: Date of Passage: Offered by: Seconded by: Roll call: September 27, f993 October 11, 1993 October 11, 1993 Nawrocki Ruettimann Al 1. ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary The City Attorney read Resolution No. 93-51 which he drafted at Council request. RESOLUTION NO. 93-51 BEING A RESOLUTION DEVELOPING AN APPENDIX TO THE ORDINANCES OF THE CITY OF COLUMBIA HEIGHTS WHEREAS: The City of Columbia Heights has from time to time developed ordinances in and for the City of Columbia Heights; and WHEREAS: Ce rtain ordinances required techni cal interpretation or explainations to implement the true meaning of said ordinances; and WHEREAS: It would benefit the understanding ordinances if there were developed an attached to certain ordinances. of some appendix NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights may from time to time attach to any ordinance an appendix to exhibit by instructing City staff to thereafter attach the same by approval of a majority of said Council. Said ordinance shal 1 thereafter state that an appendix or exhibit is attached. Passed this 11th day of October, 1993. Offered by: Seconded by: Roll call:· Ruettimann Nawrocki All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 12 7.COMMUNICATIONS a.Post Office Truck Traffic Pattern The Planning Commission recommended that no action be taken on this matter. Counci !member Nawrocki took except ion to no act ion being taken. Tyler Place, which is being used by Post Office trucks, is a residential street, and not one which should be used by heavy trucks. When the street is repaired benefitting properties are assessed. In the past the Post Off ice has refused to pay assessments as well as taxes. Counci !member Nawrocki suggested an alternative could be for the Post Office to make a separate access on the west side of the building adjacent to the outlet presently in place onto 44th Avenue. Counci lmember Peterson felt the present arrangement was safer. He inquired if any state aid funding could be used for the upkeep of Tyler Place. The City Manager advised this use would not meet the criteria as Tyler Place does not connect with a state aid street on both ends. The City Attorney observed that trucks contracted for by the Post Off ice may not have the immunity granted to the Post Office which allows them to be used on residential streets. He will pursue this matter. Motion by Peterson, second by Ruettimann to direct staff to contact state and federal elected officials to aid Columbia Heights in this matter. The matters of overweight trucks being used and another access being available should be mentioned. Roll call: All ayes b.Parking and Traffic Circulation for Proposed Expansion ofRadiator Shop -4201 Central Avenue The owner of the business stated he would prefer to have a variance so he could locate his new building farther back on the lot. Then the dumpster could be placed in a location which would not require a curb cut on 42nd Avenue and also give him better use of his property. Discussion continued regarding what would be required if he placed his building at the eastern most point of the lot. This matter would also have to be reviewed by the Planning and Zoning Commission. REGULAR COUNCIL MEETINGOCTOBER 11, 1993 PAGE 13 .., Motion by Ruettimann, second by Murzyn to table this item for further information. Roll call: All ayes b.Miske Building -HRA Action Councilmember Nawrocki stated that the HRA had taken action regarding the development of some property in a redevelopment area of Fifth Street and 38th Avenue. He felt the approval should have been subject to the concurrence of the City Council in that there was tax increment involvement. c.Action of Park Board Counci !member Nawrocki noted that the Park and Recreation Commission has waived fees for various school activites where City buildings were used. He has also noted that the City has paid fees for the use of some school facilities. He questioned the equity of this. Councilmember Ruettimann, who serves on the Park and Recreation Commission, advised that there are only costs for the use of school facilities by the City when they are used during "off" hours and the services of a janitor are necessary. He also advised these costs are subsidized by the Athletic Boosters. He noted that when there are costs associated with the School Di strict using a City faci 1 i ty these costs are passed on to them. 8.OLD BUSINESS a.Police Department Command Staff Counci !member Nawrocki had requested information regarding members of the Police Department's command staff putting in one shift on patrol duty on a regular basis. This was a requirement passed by resolution. He felt the response from the Police Ch�ef was not responsive to the resolution, particularly regarding the Sheffield Neighborhood. Councilmember Ruettimann noted that this is the only time the Council had mandated by resolution what hours an employee must work. Councilmember Nawrocki did not agree with this stating that its purpose was to have members of the command staff out on the street when problems are occuring. b.Alleged Violation Letter Members of the Council received a letter from a patron of Rainbow Foods and Walgreen Drug Store alleging improper treatment of one of his friends. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 14 Members of the Counci 1 had contacted both of the stores regarding this matter. Mayor Murzyn had spoken to a representative of one of the stores but he felt the matter was not within the jurisdiction of the City to handle. Councilmember Nawrocki had spoken to a customer service representative at Rainbow Stores and the Manager of Walgreen's Drug and felt the issue had been satisfactorily handled. 9.NEW BUSINESS a.Gambling License Request -Box Seat A representative of the World Association of the Alcohol Beverage Industries, Minnesota Chapter, explained the purpose of the organization and the intended use of some of the profits which would be realized from the operation at the Box Seat. Discussion followed regarding what is required by City ordinance to qualify for a gambling license. Motion by Nawrocki, second by Ruettimann to direct the City Manager to advise the Minnesota Charitable Gambling Control Board that the City is denying the issuance of a gambling license to World Association of the Alcohol Beverage Industries, Inc., Minnesota Chapter, for gambling activities at Box Seat Sports Bar & Grill because it does not comply to City ordinance. Roll call: All ayes Members of the Council requested the City Manager to verify some information regarding the sports bar specifically relative to a liquor license approval, site plan approval and parking requirements. b.Final Payment for Municipal Project 9031 -SealcoatingNorthwest Quadrant Motion by Peterson, second by Clerkin to accept the work for Municipal Project #9301 and to authorize final payment from Fund 415-59301-5130 to Bituminous Roadways, Inc. of Minneapolis, Mn. in an amount of $12,570.23. Roll call: All ayes c.Special Police Patrol in Sheffield Neighborhood Councilmember Nawrocki inquired what funds have been used to pay the costs to date associated with this police patrol. The City Manager advised the funds have been absorbed into the general fund budget using overtime money. Councilmember Nawrocki did not think this had been authorized. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 15 Motion by Ruettimann, second by Peterson to amend Department Fund 101-42100 by an increase of $13,768 for special patrol activity and an additional $6,037 for future drug enforcement activity totalling $19,805 with the source of such funding being Unallocated General Fund Balance. Roll call: All ayes d.Cable Rate Regulation Policies and Procedures Mot ion by Nawrocki, second by Clerkin to adopt the Rate Regulation Policies and Procedures dated September 30, 1993. Roll call: All ayes g.Establish Dates for Work Sessions Motion by Murzyn, secon by Ruettimann to establish the following dates and times for Council work sessions: October 18th at 7:00 p.m.; October 28th at 6:30 p.m.; November 16th at 7:00 p.m. i and November 23rd at 7:00 p.m. The Canvass Meeting of the General Election is scheduled for November 3rd at 6:30 p.m. The work sessions are in addition to others already scheduled. Roll call: All ayes 10.REPORTS a.Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: Section 8 Certificates: Currently, the City has 172 Section 8 certificates which is less than previous years. It was noted that the HRA's application to administer the City's Section 8 program was not successful. This will be again pursued. Metropolitan Council Representative: Councilmember Nawrocki has invited the City's Met Council representative to attend the November 22nd Council Meeting. Also invited are representatives of th Regional Transit Board, Parks and Open Space and Metropolitan Waste Control Commission. Meeting with State Legislators: The City Manager will arrange for local legislators to meet with the Counci 1 before the session convenes in February if so desired. Councilmember Nawrocki felt Local Government Aids and their impact on Columbia Heights should be discussed. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 16 .. b.Report of the City Attorney The City Attorney addressed the status of a lawsuit being brought by Anoka County Judicare. The City's insurance carrier has declined to participate in the lawsuit noting that they do not write errors/omissions coverage. The City Attorney stated this is not an errors\omissions lawsuit. He will follow through on this matter. ADJOURNMENT Motion by Ruettimann, second by Clerkin to adjourn the meeting at 9:50 p.m. Roll call: All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary CI1Y COUNCIL LETIER AGENDA SECTION: ORDINANCES & RESOLUTIONS NO. 6 ITEM: JOINT POWERS AGREEMENT WITH ANOKA NO. COUNTY FOR MAINTENANCE OF COUNTY I,. A. STATE AID HIGHWAYS AND ROADS ORIGINATING DEPARTMENT: PUBLIC WORKS BY: M.Winson W/ lfw DATE: 10/18/93 Meeting of: 10n5/93 CI1Y MANAGER B� DATE: The attached Resolution authorizes the Mayor and City Manager to execute a Joint Powers Agreement with Anoka Co1D1ty for the maintenance of County routes with the City. The Joint Powers Agreement will replace a current JPA in which the County pays the City $3,000 per mile annually. The new JPA has the County paying $4,000 per mile annually from 1/1/94 to 12/31/96 and $4,300 per mile annually from 1/1/97 to 12/31/98. As part of the new JPA. the City agrees to accept the turnback of CR No. 104 by resolution at their last meeting of 1993. CR No. 104 is the route indicated on the attached map. The County will pay the City $3,600 annually for the maintenance of this route from 1/1/94 until 12/31/')6. A letter was sent to all residents along this route, informing them of the proposed tumback and indicating that the Council will be considering this item at the October 25 City Council Meeting. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 93-_, there being ample copies available. RECOMMENDED MOTION: Move to adopt Resolution No. 93-_, being a resolution to enter into a Joint Powers Agreement relating to the maintenance of County routes within the City. MAW:jb 93-673 Attachment COUNCIL ACTION: RESOLUTION NO. 93- Resolution between the City of Columbia Heights and the County of Anoka Establishing a Joint Powers Agreement for Maintenance of County State Aid Highways Within the City of Columbia Heights WHEREAS, Columbia Heights has in the past maintained certain County routes within Columbia Heights Wider a Joint Poweis Agreement; and WHEREAS, the previous agreement stipulated a sum of $3,000 per mile annually to be paid by Anoka County to Columbia Heights for maintenance of these routes; and WHEREAS, Columbia Heights and Anoka County agree that costs have risen and the annual fee should be raised; and WHEREAS, Anoka County has agree to pay Columbia Heights $4,000 per mile annually from January 1, 1994, to December 31, 1996, and $4,300 per mile annually from January 1, 1997 to December 31, 1998; and WHEREAS, Columbia Heights and Anoka County agree that CR No. 104 no longer serves a County-wide function and should be designated a City streeL; and WHEREAS, Anoka County has agreed to pay Columbia Heights a maintenance fee for the CR No. 104 of $3,(i()() per year until December 31, 1996. THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, that a Joint Powers Agreement for Maintenance of County State Aid Highways within the City of Columbia Heights is authorized to be executed by the Mayor and City Manager. Dated this_ day of _____ _, 1993 Offered by: CITY OF COLUMBIA HEIGHTS, MINNESOTA Seconded by: By:--;:;:�T.°Mw��Donald J. MID'Zyn, Jr. Mayor Roll Call: Jo-Anne Student, Council Secretary ATfEST: I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights at a duly authorized meeting thereof held on the 25th day of October, 1993, as shown by the minutes of said meeting in my possession. Jo-Anne Student Deputy City Clerlt. YO HQ M3rtl ·1s J 1S J NVNVHOne l NOSNUS i I !� = r� I ,--------• (/) _J 0 -� o_i � � z i z ..... 2 I I L s MIO/\Y:3S3� " .. Anoka Couray Conlnl:t No. 900645A JOINT POWERS AGREEMENT FOR MAINTENANCE OF COUNTY STATE AID lnGHW AYS WITHIN THE CITY OF COLUMBIA HEIGHTS THIS AGREEMENT is made and entered into this __ day of ________ , 1993, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesot.a S5303, hereinafter referred to as the ·eounty, • and the City of Columbia Heights, a political subdivision of the State of Minnesota, S90 -40th A venue Nonheast, Columbia Heights, Minnesot.a 55421, hereinafter referred to as the ·city; pursuant to Minn. Stat. § 471.59, as amended, providing for the joint exercise of powers. WITNESSE'Ill: WHEREAS, Minn. Stat. § 162.02, as amended, permits the County to designate cert.ain roads and streets within the City and County as County St.ate Aid Highways (CSAHs); and WHEREAS, the City bas concurred in the designation of the CSAHs within its limits as identified by the County Board's Resolution of July 8, 1957, and October 9, 1957; and WHEREAS, there have been 6.02 miles of public streets designated as CSAHs and County Roads (CRs) within the City: CSAH No. 2 CSAH No. 4 CR No. 102 CR No. 104 2.80 miles 2.07 miles 0.25 miles 0.90 miles; and WHEREAS, it is in the public interest, economy, and welfare for the City to do cert.am maintenance work on County-designated CSAHs and CRs within the corporate limits of the City; and WHEREAS, it is in the public interest, economy, and welfare for the County to turn back certain roadways that no longer serve a County-wide function; and WHEREAS, the City and County agree that CR No. 104 no longer serves a County-wide function and should be designated a City Street. NOW, THEREFORE, it is mutually stipulated and agreed: I.PURPOSE: A.To reimburse the City for routine maintenance including snowplowing, ice control, bituminous patching, crosswalk painting, and sign knockdown replacements on designated CRs and CSAHs. B.The County shall release CR No. 104 to the City on January 1, 1994. C.The County shall continue to pay to the City a maintenance fee for CR No. 104 of $3,600.00 per year until December 31, 1996. D.After December 31, 1996, the County mileage which the City maintains shall be reduced by 0.90 miles to 5.12 miles and maintenance costs will be computed on that basis. II.TERM This Agreement' shall become effective January 1, 1994, the signatUre of the parties notwithstanding, and shall continue in force until December 31, 1998. m.SCOPE OF THE PROJECT The City shall perform routine maintenance including snowplowing, ice control, crosswalk painting, including messages, sign replacements, and bituminous patehing on the four aforementioned CRs and CSAHs. At the last City Council meeting of 1993, the City agrees to pass a resolution accepting the turnback of CR No. 104 in its entirety. IV.COSTS: The County hereby agrees to pay to the City the sum of $4,000.00 per year per mile or a total sum of $24,080.00 per year from January 1, 1994, to December 31, 1996, and $4,300.00 per year per mile or a total sum of $22,016.00 per year from January 1, 1997, to December 31, 1998, for all services provided hereunder by the City during the terms of this Agreement. The City shall, at 1he end of each contract year, submit an itemized bilJing statement to the County for all services provided hereunder. -2 - The County shall, within sixty (60) days of receipt of the billing statement, make payment to the City, or make reasonable arrangements for payment that are acceptable to the City. V.DISBURSEMENT OF FUNDS: All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI.CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by the City in conformance to state laws. VII.STRICT ACCOUNTABILITY: A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIIl. TERMINATION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thiny (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. If this Agreement is terminated prior to the end of any contract year, the City shall be entitled to receive a pro-rated share of the contract sum based upon a percentage completion of the term of the Agreement. Said sum shall be due the City sixty (60) days after receipt by the County and an itemized billing statement from the City. IX.AFFIRMATIVE ACTION: In accordance with the County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, marital status, public assistance status, age, disability or national origin. -3 - X.NOTICE: For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager of Columbia Heights, 590 -40th A venue Northeast, Columbia Heights, Minnesota 5S421, on behalf of the City. XI.INDEMNIFICATION: The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents or employees relating to activity conducted by either party under this Agreement. XII.TEMPORARY SUSPENSION OF CONTRACT It is understood by the parties that the City's ability to perform under the terms of this Agreement may, from time to time, be prevented or substantially impaired, by labor strike or slowdown. acts of God, civil disturbance, flood, fire, accident or by the illness, injury, death or employment termination of personnel needed to carry out the terms of this Agreement. In the event that the City learns or has reason to believe its ability to perform under this Agreement will be prevented or substantially impaired for any of the above reasons, or for any reason whatsoever, it shall promptly notify the County Highway Engineer and the County Administrator. Upon receipt of such notice, the County shall determine, in its sole discretion, whether or not to temporarily suspend the operation of this Agreement. If it does decide to suspend the operation of this Agreement, it shall promptly so notify the City. Upon receipt of such notification by the City, the this Agreement shall be suspended until such time as it is determined by mumal agreement that the conditions leading to the suspension have been eliminated, or sufficiently alleviated, so as to allow the City to resume satisfactory performance of this Agreement. If in the absence of any notice by the City as stated above, the County learns, or has reason to believe, that the City's performance under this Agreement is or shall be prevented or substantially impaired for any of the reasons stated in the preceding.paragraph, the County, in its sole discretion, may notify the City that this Agreement is temporarily suspended. Such suspension shall be effective upon receipt of the County"s notice by the City and shall continue in effect ·until such time as the parties determine, by mutual agreement, that the conditions leading to the suspension have been eliminated or sufficiently alleviated so as to allow the City to resume satisfactory performance of this Agreement. -4 - .XIII.PERFORMANCE BY THE COUNTY DURING SUSPENSION During such time or times as the operation of this Agreement is suspended as provided by Section XIl above, the County shall have the right to freely und ertake all maintenance activity of CRs and CSAHs as specified in this Agreement, employment its own labor. equipment, and materials. No such undertaking of maintenance activities by the County during such period of suspension shall be deemed a breach, cancellation or termination of this Agreement by either party. Further, during any such suspension, the City shall not enter into a subcontract with any other party for the performance of any term of the contract without the expressed written consent of the County. Toe County shall maintain records of all maintenance activities performed by it, on CRs and CSAHs specified in this Agreement during the period of any suspension as provided for herein. The County shall be entitled to set off against the total contract sum it owes the City for the then current term of this Agreement, the actual cost of the maintenance activity that is performed during any such suspension. In the event that the County has paid to the City the total contract sum for the then current term of this Agreement prior to its undertaking of any maintenance activities during a period of suspension, it shall be entitled to receive from the City reimbursement for its actual cost in performing such maintenance services as are specified in this Agreement, during such period of suspension. The City shall pay any such reimbursement within founeen (14) days of receipt of the County's billing statement. XIV.NO SUBCONTRACTS No portion of this Agreement may be subcontracted by the Ci ty without the prior written consent of the County. XV.FUTURE ASSESSMENTS The County agrees that at the point in which existing CR �o. 104 is in need of repair or reconstruction, the County property abutting the roadway would oe treated as any other property owner and would be assessed consistent with the City• s assessment policy and the benefits derived from the repair or reconstruction of the roadway. XVI.ENTIRE AGREEMENT/REQUIREMENT OF A WRITING: It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all· negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications of the provisions of this -5- Agreement shall be valid only when they have been reduced to writing and duly signed by the panies herein. IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS By:��---=--�-------Dan Erhart, Chairman By:-------------Donald Murzyn Jr., Mayor County Board of Commissioners Dated: ---------Dated: ---------- ATI'FSr By:----:------------John "Jay" McLinden By:-------------Patrick Hentges County Administrator City Manager Dated: Dated: ------------------ RECOMMENDED FOR APPROVAL By:-------------By:-------------Paul K. Ruud City Engineer County Engineer Dated: ________ _ Dated: --------- APPROVED AS TO FORM By:-------------By:-------------Dan Klint City Attorney Assistant County Attomey Dated: ---------Dated: --------- 6.lewncl' ..... -6- CITY COUNCIL LEITER ., Meeting of: October 25, 1993 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPAR'll1ENT: CITY MANAGER NO: 6 Fire APPROVAL ITEM: LICENSE REVOCATION, RENTAL PROPERTY BY: Lowell DeMara BY�NO: ,./!). DATE: Oct 20, 1993 � DATE: Mr. Dave Nelson has been attempting to correct the Housing Maintenance Code violations on the rental property at 3911 Tyler Street NE. The following code violations remained as of September 27, 1993. 1993 1993 1993 1993 1993 1993 1993 1993 1992 cited on the following inspection dates: Statement of Cause Notice ...... . . . Posting Notice to Tenant ...•.... . . 3rd Inspection Notice, Notorized Mailing 3rd Inspection, dated 9/3/93 .....• .. 2nd Inspection Notice, Notorized Mailing .. 2nd Inspection Notice to Owner ..•••.• . . 2nd Inspection, dated 7/14/93 ... . . 1st Inspection, dated 6/2/93 .... . Note: This is also a follow-up from December 1992 Inspection 2nd Inspection, dated 12/10/92 listed attachments are included in this packet • Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H Attachment I Fur1>{ler evaluation of the remaining code violations will be made on OctoBe.r 25, 1993 at 9:00 a.m. A recomm_ended motion for council action will be made on Monday, October 25, 1993 at 10:00"e..m. 93-146Attachments . ,,_ ff\-W<> .}iv COUNCIL ACTION: A l'J'UIKIIT or CIVIi UP IQT?c;I or UILJQIIYUAroa IPIPQIIQI PB IIJR'f%QI Pr I leJAPII »LDH H • �cs, 1:bat on th• � 7 day of � 1193, at 7.• <'O , or a• aoon thereafter u theaitiioan liebeard, in the ctyof Colabia Beighta Council cb•WMra, located at590 40th Avenue IIE, Col\Dlbia Beigbta, JIN, the Coluabia Heights CityCouncil ahall oonaider t.be revocation, 8USp8.nalon and/or otherappropriate diaposition of the lic:ana• � operate a rant.aldwelling(•) of 0Av£ &'€1'&) ��---· 1. I\IIAIII If PIJlll Your property located at 39// � 5'$ Heights9 MN, vaa inapected on,;-� Z:ffJ on .. . -J-p._:r � • , COlum,ia,and again 2.on C-.J-f.J I Z-t'P:£1 · -and � k 9-J • Complianceorders were' Issued which indcated that the followingviolation• required corrective action: azz &'n'ACJIED COULDJICS OU,D WHICH JS INCORPORATEDHEREIN BY REFERENCE FOR A DETAIL OF THE VIOLATIONS ANDCORRECTIVE ACTION REQUIRED. 3. As of this date f:1-D , the above outlinedviolations have not been corrected. Purauant to Section 5.104 (2) of the Columbia Height• City Code, aviolation of any proviaiona of Chapter• 5 or 5A, or of atate law,•hall be a prima facie •bowing of cauae tor revocation, auapension,or other •uch action restricting the privilege• of a licensee. •uuz •z o• •OTJCS that on the �2 day of �.Ide , at7:00 p.111., or as •oon thereafter aa aay be b•�• ColumbiaBeighta City council aball bold a Public Bearinv to addr••• th•iaaue of revocation of your rental llcenae. At t:.be �lie Bearingyou vill be 9iven tn �pportunity to 9lve teatiaony an4 presentevidence on the above ••t forth iaauea. ..... -,-2;.-1�� 17i u,�,..un -·--·r··--·----8 Ill.TE: p,/z.M) I I TO: TENANT UI 3 9(1, ?lftni � µ€,coium6 i ieTt.a,1,ai Dear Tenants _1«� '" . �,v J,,€f( JIP"' , r) � r,�''�;t>J b you are aware,_ the building in which you naid• :ha• been poated tor bein; in violation of Chapter IA of tl:18 Co1Wlb1a Baipta City Coda. Pl•••• alao t,e avare that you are oomaanded to noau the buildin; wit.bin 10 Aa7a of �• elate of posting. If you bave any quaation• with raga� to thia Chapter and it• requirement• pleaae contact tb• Buildin; Departaent at 712•2117. Question• a))out the inspection• or complaint• about the property should oe directed to the Pire Department at 712-2130. Th• following nwabera aay l>e resource• from.Vhich you aay obtain le;al advice vitb re;ard to the le;al ruificationa ot tb• poatin; of your building • STATE AT'l'OM!Y GENERAL, CONSUMER PROTECTION DIVIl?OH • 291-3353 .7UDICARE -783-4970 TENANTS UNION -111-,,as Once th• buildin; aana;ar/owner COl\l'li•• with the C�lUJIJ)ia Ha19hta Housing Maintenance COde, the poating will be removed. Sincerely, • TOT� P.1121:3 DBIIIT D.· UTIDAVIT or IDJLUQ . An'lDAvn or aERVJc:s ay MIL . ·'.t ' : �; 1-r.,:, /:'.i�:� :i:;�� .,,: . ��-; :\;;r;.S; i · '. · · -� ':; � .. :·, ;� < ;r -.7 ·' • .. :.-..;�,: ;l. · .. · . , -,..;:.···:.::--:-:•· :» >-,·'f:· -··4 ·..:·'i:·,1}: ···-.:�o··:·-�-',.-J, ·1g·1-.,, .... ��--�'· 1• ... ��--;f;::-:-..:_ • .... i•:. � . ..,,.., _,.. _ _. .. .. \-.. "J -._, -1:"-'":"'t • •• r"'-. •• I ,; • .,,::·,., •". I.•,••_" • �-:c.:;_a •�.::, :t�:"t·:-\: ·1:--�•:' :?.,r ).",·':..•�. :,,.,· .. C. .u • ftAD or llllOIISOTAt · ,. .... ·. · · · ·-.. 't,.,. • 0• .. " -• ........ ,;· �f • ;,__ ,.... • _.r . . . . . . . ,. . •••.. , ... . ' '.'.' . « , -� . . �-. . .... C0UH'1'I o.r &HOD ·"',. '-.;_,. .,.,._.J!-I. '.,, •• ·';:-,_r ��·.i/'j:.-�:·r; ,}}j,..;f-;, :� 't·,..:.�: �,... ' .,, : :... ·_;\• �-.. ' ::: ·: .. �"·��: '"', -:.'·{�:1},, �.\ -��:" :: .. _-:·":·. : ... ::--' >:· .. i. ;-: _:'/"-; ,: ;. ,--: -�: :<; ·.-.. ��,�•. �' � .. •; ��-:-•:.; lf.J' �-t.,_, �-«\. ·� � ••':." ::�. '.�• � · .. · l j'� ;; • .>,� .;· _I .1 : :_ J.,' • .'. .. ;' -" •r,_;•,' �l*-<£. �q£:: �/�1�_i-�1�� =�:1�·=:.aaya that on· the·: /.3 tis day of · :.,,� , 1113, he/ab•auved· a copy of die co.pliance Order an itot'ce of Bearinv and Statuient of Cauae upon: -· ..... Hland addraa� �prt by •ailing to him/her a copy thereof certified uil (return receipt requested), enclosed in an envelope, postage prepaid, and by depositing the aame in the poat office at Columbia Heights, Minnesota, directed to him at hi• las�own addressea listed above. .! 7 ·: t .. _-: • . . �.-:r·. . .. ,, •'I, • ··- ..... ; ···'! . '·.�_··: -;·( ..., .. • ., ! !: " tnspec�ion Activity Report [nspection Date: 09-03-1993 TO: DAVE NELSON Columbia HeiQhts Fire Department 555,Nill Street N.E. Columbia HeiQhts, NN 55421 NELSON SINGLE FAMILY RENT 7395 VAN BUREN ST. NE FRIDLEY, MN 55432 �ROPERTY ADDRESS: 3911 TYLER STREET NE ·Date:09-13-1993D "> lu )I� � .r:l �� '1/ntJ � � Housing Maintenance Code Inspection was performed on the property identified e1bove. The violations found are listed beginning on the ne>:t page. All 1iclations must be corrected and a re-inspection date must be set before L0-15-1993. tf all items on this inspection report are not completed prior to the Pe-inspection date indicated above, a citation may be issued per City Jrdinance #1176. �ermits may be required for the work to be performed on or within the structure. �lease call the Building Department at 792-2817 for information prior to commencing repairs. If there is some extenuating circumstance that will pervent you from completing all repairs� you have any questions regarding repairs, or to schedule a date and time for your re-inspection, please call 782-2800, extension 830. �espectfully, �§��----:-�-Lowell G. DeMars Assistant Fire Chief lnsp Date Inspection Type l�spectar ID/Na1e FDllD• Up Cod, Section Narrative of Inspector's Findings Datt Resolved -----··-----·-·------,···---------_, __ CITY ORDINANCE 09-03-1993 H.".C.FOLLOII-UP 2 17150 FIELD, IIATTHEII D � 205.1,F VIOLATION: 6ARA6E PAINT IS PEELIN6 AND IN NEED OF RESTORATION 10-15-1993 CORRECTIVE ACTION: SHALL SCRAPE AND PAITN 6ARA6E INCLUDIN6 SERVICE DOORS AND TRI" CITY ORDINANCE 09-03-1993 H,ft.C.FOLLOII-UP 2 17150 FJELD, IIATTHEII D 9.117.4 VIOLATION: PARKIN& PAD 15 DETERIORATED 10-15-199� CORRECTIVE ACTION: SHALL SEAL COAT OR REPLACE PARUN6 PAD CITY ORDINANCE 09-03-1993 H.ft.C.FDLLOW-UP 2 17150 FIELD, IIATTHEII D � 205,1,F VIOLATION: PAINT IS PEELIN6 ON IIAIN STRUCTURE 10-15-1993 CORRECTIVE ACTION: TRI" OF STRUCTURE SHALL SCRAPE AND PAINT ALL IIINDOIIS,_ SOFFIT, FACIA,AND tITY ORDINANCE 09-03-1993 H.".C.FOLLOII-UP 2 17150 FIELD, IIATTHEII D 301.A VIOLATION: A NEIi E6RESS IIINDOII HAS BEEN INSTALLED IN A BEDRDO" AS 10-15-1993REQUIRED, PER"ITS FDR TH£ INSTALLATION OF THAT lllNDOII IIERE ALSO REQUIRED AND HAVE NOT BEEN ISSUED CORRECTIVE ACTION: OBTAIN THE REQUIRED PER"ITS FRO" THE CITY OF COLUfllIA HEl6HTS LICENSIN6 DEPART"ENT tITY ORDINANCE 09-03-1993 H.".C,FOLLOW-UP 2 17150 FJELD, IIATTHEII D ,A 201.1.6 VIOLAT!ON: WOODEN STEPS AND DECr. TO REAR ENTRY DOOR ARE DETERIORATED AND 10-15-1993PULLING AWAY FRO" THE STRUCTURE CORRECTIVE ACTION: SHALL REPLACE ENTRY STEPS AND LANDING tlTY ORDINANCE 09-03-1993 H.".C.FDLLOII-UP 2 17150 FIELD, "ATTHEII D 5A 205.J.B VIOLATION: DOUBLE HUNS NINDOWS ARE SHOWIN6 DETERIORATION, 6LAZIN6 AND 10-15-1993PAIN1 ARE LOOSE DR PEELING CORRECTIVE ACTION: RE-6LAZE SCRAPE AND PAINT DOUBLE HUNS IINDDIIS tlTV ORDINANCE 09-03-1993 H.".C,FOLLOW-UP 2 17150 FIELD, IIATTHEII D � 205.1.B VIOLATION: SEVERAL SCREEENS ARE DA"ASED DR ftISSINS 10-15-1993 YES CORRECTIVE ACTION: SHALL REPLACE ALL DAIIASED OR ftISSIN& SCREENS Oti STRUCTURE CITY ORDINANCE 09-03-1993 H.".t.FOLLOII-UP 2 17150 FIELD, IIATTHEII D 5A 205,l.E VIOLATION: PAINT ON FENCE IS DETER10RATIN6 10-15-1993 CORRECTIVE ACTION: SHALL SCRAPE AND PAINT FENCE tITV ORDINANCE 09-0�-1993 H,ft,C.FOLLOII-UP 2 17150 FIELD, tlATTHEII D 5A 205.1.A VIOLATION: RAIN BUTTER ON REAR OF STRUCTURE IS DMASED 10-15-1993 YES CORRECTIVE ACTION: REPAIR OR REPLACE DA"A&ED SECTION OF 6UTTER tITY ORDINANCE 09-03-1993 H,ft.C.FOLLDII-UP 2 17150 FIELD, NATTHEW D DATE OF FIRST INSPECTION: JUNE 2, 1993 AT 10:00 A.ft. 10-15-1993INSPECTIN6 OFFICERS: &ORRAN/FIELD ode Section Insp Date Inspection Type N1rr1tive of Inspector·, Findings Inspector ID/N11e ----------------------------------- DATE OF SECOND INSPECTION: JULY 14, 1993 AT 10:00 A.ft, INSPECTING OFFICERS: &DRtlAN/FIELD DATE OF THIRD INSPECTION: SEPTEIIBER 3, 1993 AT 10:00 A.I. INSPECTING OFFICERS: &ORRAN/FJELD LONELL DENARS, ENFORCEIENT OFFICER, IIU BE PETITIDNJNS THE COLIJIIBIA HEJ&HTS CITY COUNCIL FDR THE REVOCATION OF YOUR LICENSE TO OPERATE A RENTAL DNELLINS IN CDLUltBJA HEl&HTS, THE SCHEDULED DATE OF THE HEARING IIU IE SEPTEIBER 27, 1993 AT 7:00 P.N. IN THE CITY COUNCIL CHAIIBERS, THE ABOVE NOTED VIOLATIONS IILL BE BRDUSHT UP AT THIS IIEETIN6, ANY DUESTIONS RE6ARDIN6 THIS C(mPLIANCE ORQER SHOULD IE DIRECTED TO U11£LL DENARS AT 782-2800 1 Ell. 830 IEEKDAYS FRON 8:00 AN TO 4:30 PII. Folio• Up Date Resolved r f t J t i. i t: EXHIBIT D . AFFIDAVIT OF IIAILING AFFIDAVIT OF SERVICE BY KAIL ·'t: : ' .... . . .. .,, ... ;�·-·-_. .. ·= � ·-.": .... � ""•'-. . .. � "')\, .. ,. ... E STATE OF MINNESOTA) . > COUNTY OF ANOKA ) ••• •1:·· "i ' : ... · : ''"};,·_··::· -i. �-.· . ·. . : ._.,. . :/i·: �-.:�: .. :��-, .. :.r:/.�:--t�t�·'''-=-' ketAJu/ �µ.s · · · . ·; of the ;1t; of \��ia �!�ht:,County of Anoka, ntbe State of MiMeaota, being tirat duly sworn, aays that on the pl th day of Au,,�vs, · , 1993, be/ahe served a copy of the compliance Order• d Hotlca of Bearing -and Statement of Cause upon: Name and address: QA1/1£1 Nct..5p)..2lf:s:::. // A �v -/,/4tJ 2/wkl >7:, <Y:<se�ev ( A7J C .s,•:ry?z.. by mailing to him/her a copy thereof certified mail (return receipt requested), enclosed in an envelope, postage prepaid, and by depositing the same in the post office at Columbia Heights, Minnesota, directed to him at his last .Raown addresses listed above. .. Uit-C.,,._Hi! ••• A&NnO)VJONV ·1t,caNW•XIMI lft'd . NIAi "I NA1H1V)I ._ �--, - . ,· '•• -. ..t . .. ,... ... : . ., ' - 1'\ -·..;. • .... ,,. -. ;' ,·· : ' . .•... ·, .. "· _; t: . .-·.'.·::--�--• .:-'·�.:-1, .. -.--.-;:· ... ·t'r �-;.,�: ' .. ·)� .... ':--.- > '-#- .. ::!:�� -�=. .. � .... � �.-.....--.-.-...--t-.. @ ZJ742i4$@ (JUQ ()JC • nspection Activity Report nspectian Date: 07-14-1993 Columbia Heights Fire Deparblent 555 Mill Str•et N.E. Columbia Heights, NN 55421 Date: 08-02-1993·F TO: DAVE NELSON NELSON SINGLE FAMILY RENT 7395 VAN BUREN ST. NE FRIDLEY, NN 55432 '1b )i4 d. �ROPERTY ADDRESS: 3911 TYLER STREET NE d, � �� ;/ , Housing Maintenance Code Inspection was performed an the property identified �bove-. The violations found are listed beginning en the next page. Bl!. 1iolations must be corrected and a re-inspection date must be set before )9-03-1993. lf all items on this inspection report are not completed prior to the �e-inspection date indicated above, a citation may be issued per City )rdinance #1176. [f there is some extenuating circumstance that will pervent you from completing all repairs, you have any questions regarding repairs, or to schedule a date and time for your re-inspection, please call 782-2800, extension 830. Respectfully, Lowell G. DeMars Assistant Fire Chief Coli! Sectio" Insp Date Inspection Type N1rr1live of Inspector's Findings lnspector ID/Nue --·---------------------·-------------- ClTY ORDINANCE 07-14-1993 H.".C.FDLLOII-UP 1 17150 FIELD, IIATTHEII D 5A 20511)F VIOLATION: &ARA&E PAINT IS PEELJN6 AID IN IIEED OF RESTORATION CORRECTIVE ACTION: SHALL SCRAPE AND PAINT &ARA&E, 1,cLUDIN& SERVICE DOORS AND TRI" ,CITY ORDINANCE 07-14-1993 H.ft.C.FDLlDlf-UP 1 17150 FIELt, NATTIEII D 9,117 (4) VIOLATION: PARKIN& PAD JS DETERIORATED. CORRECTIVE ACTION: SHALL SEAL COAT DR REPLACE PARKIN& PAD CITY ORDINANCE 07-14-1993 H,ft.C,FDLLOII-UP 1 17150 FIELD, NATTHEII D 5A 205(11F VIOLATION: PAINT IS PEELIN& ON NAIN STRUCTURE. U.B.C. 301 (A) CORRECTIVE ACTION: SHALL SCRAPE AND PAINT ALL IIINDOIIS, &OFFIT, FACIA MD TRI" OF STRUCTURE 07-14-1993 H.".C,FDLLOII-UP 1 17150 FIELD, IIATTHEII D VIOLATION: A NEIi E6RESS IIINDOII HAS BEEN INSTALLED IN A 1£DRDO" AS REQUIRED. PER"ITS FDR THE INSTALLATION OF THAT llNDDII MERE ALSO REQUIRED AND HAVE NOT BEEN ISSUED. CORRECTIVE ACTION: OBTAIN THE REQUIRED PERftIT FRO" THE CITY OF COLllftBIA HEIGHTS LICENSING DEPARTftENT CITY ORDINANCE 07-14-1993 H.".C.FOLLOII-UP 1 17150 FIELD, NATTHEII D 5A 2011116 VIOLATION: IIDODEN STEPS AND DECK TO REAR ENTRY DDDR ARE DETERIORATED AND PULLINS ANAY FRO" STRUCTURE CDRRECTIYE ACTION: REPLACE ENTRY STEPS AND LANDIN& CITY DRDJNA��E 07-14-1993 H,".C.FDLLDII-UP 1 17150 FJELD, IIATTHEII D 5A 205(1)B VIOLATION: DOUBLE HUNS IIINDOIIS ARE SHOIIIN6 DETERIORATION. &LAZIN& AND PAINT ARE LOOSE DR PEEL1N6 CORRECTIVE ACTION: RE6LAZE, SCRAPE AND PAINT DOUBLE HUN& IINDDIIS CITY ORDINANCE 07-14-1993 H.ft,C.FOLLON-UP 1 17150 FIELD, NATTHEII D 5A 205(1)8 -VIOLATION: SEVERAL SCREENS�£ DAftA6ED DR IISSlll6 CORRECTIVE ACTION: REPLACE ALL IMAGED DR NISSIN& ICREENS ON STRUCTURE CITY ORDINANCE 07-14-1993 H,ft,C.FOLlOII-UP 1� 205(1)E VIOLATION: PAINT ON FE•CE IS DET£110RAT1N6 CORRECTIVE ACTION: &KALL SCRAPE AND PAINT FENCE 17150 FIELD, IIATTIEII D CITY ORDINANCE 07-14-1,93 H.ft,C.FOLlOII-UP 1 17150 FIELD, NATTHEII D � 20�(11A VIOLATION: &UTTER OM REAR OF STRUCTURE IS DA"A6ED CORRECTIVE ACTION: REPAIR OR REPLACE DA"A&ED SECTION OF &UTTER CITY ORDINANCE 07-14-1,93 H,ft.C,FDLlDII-UP 1 17100 IEIIARS, LOMEU 6 FollDII Up Dile Resolved 09-03-1993 09-03-1993 09-03-1993 09-03-1993 0,-03-1993 09-03-1993 09-03-1993 09-03-1993 09-03-1993 -� •.. Coise Section Jnsp D1te Jn1pection1ype Nlrr1tive af Inspector's Findings lnspectar ID/Nie DATE Of FIRST INSPECTION: JUNE 2, 1993 AT 10:00 A,R,INSPECTIN6 OFFJCER: &ORIIAN/FIELD DATE OF SECOND INSPECTION: JULY 14, 1993 AT 10:00 A.ft,JNSPECTIN6 OFFICER: &ORRAN/FIELD DATE OF SCHEDULED FINAL IISPECTlON: IIEPTEIIBER 3, 1'93 AT 10100 A.N, PURSUANT TO CHAPTER 5A, ARTICLE III OF THE tm.UflBIA tll&HTS HDUSJl61111) IIAJNTENANCE CODE, TIE ABOVE NOTED PROPERTY IIAS INSPECTED ON JllfE 2, 1'93AND A SECOND INSPECTIOM PERFORI\ED ON JLIU 14, 1993, TII UOYE DESCRIED VIOLATIONS AND/OR WICJENCIES R£JIAIN AND CCWTUIUE TO IEDUIRE CORR£CTJVEACTION, NOTE: PURSUANT TO SECTION 5A,305(1), ANY P9SGN TO IIHOft A COtlPLIAICE ORDER IS DIRECTED IIAY APPEAL SAID ORDER AS SET FURTH IN SECTIOII 6.20211) DfTHE COLU"BIA HEJSHTS CITY CODE. YOU HAVE THIRTY (301 DAYS FRDft THE DATE Of THIS NOTICE TO CORRECT AU 11£ VIOLATIONS HEREIN NOTED, IF SAID VIOLATIONS AllE NOT CORRECTED NJTHIN fDllDI Up late Resolved 09-03-1993 �lc�c . . -� .THIRTY (301 DAYS, PLEASE BE ADVISED THAT ON THE .l'STH IAY • SEPTDIIEI, ,.,..:;{' .. -!,..�'" •1 f 1993, AT 7:00 P ,ft,, LOIIEU DEIIARS, DFORCEIIENT OFFICER NILL IE P£TJTIIUII& •-··-; 0 I AC)\J\bO (Y e-"" �esc.rc-;,.'L �µ - {p,,. �,il' (P�·· 1 t - 1�� C0Llffl8IA HE16HTS CITY COUNCIL FOR Ill REVOCATION If YOUR UCEIS£ tO --·· .-!IIPERATE A RENTAL Dll��-!I ��-�-l�S-��' .. ANY QUESTIONS RE6ARD1N6 THIS CDftPLIANCE ORDER SHOULD BE DIRECTED TD LOVELLDE"ARS AT 782-2800, EIT, 830 NEEKDAYS FRDtl 8:00 A.ft. TO 4:30 P.I, f)� •. J� -iv �1>n [;{�� . , )'Ji \l.-,-> .:i 1/i 3 l'r J ,-:-,\ l (·1 i;,J O J ., ,\t� I }J u ul\ � .. (,Jt- q'.JD p· � � NI' r ,.vfl"· �ti .;i ,. ·-.. t} . IV\ JVI /-.-ri:,,/ �\ I rr.r c:,,).f-. 9 1\lt, , � r ,vi �) I•ff t,f, of \) (/',..i-l-pfi �'C.O�..,,I . . 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"':\ -�·!;1-t�1.:·-:::.,��··,-.::·?,:. �-t�:-�--.. ;.;(t��-t:..s�,;t;t�f:� .�\-� _ -i� �:.t -�i��r�-��.�:· .. ;_ �-. · .. --,--: , · .. -�� .. :, -·�:-·:-�.,._.._,,.-1-."'{·'··"'..-:.:s:.�.�.!t;*·:;�:. ·:,::-�}-.. i.-:;i:-.-":' ... ��; �·-;J ·=-��.��"'t;:!f��t.�� ... 1�,;��i . .--�:-·: _· · 'li'A'l'IMQ'l' DI QPII >IP ·WQTJCI 121 :IPIJ.IP flPtU �;� .. .''11:.:.\�.;;JJ:,�:��-��; . ,.._• . "·at;,�� • ' , -�«:/--!' ,,, .... ·.. � .. ·--:.··· ..·.. ·.IQB IPIPQIIQH PB AIYOQUJ'.QI Pr A lel'.01111 >-�JJ.f-.,�·�··-1,: ;1.})\�;�� :.t,;· • : •• • •.. • •·• \ • .. ••••• ,, '• -� • . • .. •••• , ........ --.... �-�-t-1i ... -f:;. .. �-� • • ....... ,_.. '. ·-""?'-•. :: •• : ,,,·· / ··.� .;. •. :; ;.�\-�,t ,",t: �-t--,.,.�!/j ;.;-:, :-.... � � �:"'-�.J��:...��;.!.·��:;..J-:-·"!:·--:.! :1; ,,.,��i;;;-:..::, :; 1, •• � .. : .; .!·-. ,uus u mr �oncs,.�.:t:bat •:-� · . .;;·13 �· :r�y�·�f :-;�e��."�.(-J1{��:,:·.:' . -:· ,.1993, ,at �:� l,m,·, -�r..aa .aoon *1)areaf¢.er.1_�•-�� ·, . �.� � J;e )·:·��;:·· · .. ••' beard, ine Cty of &:olumbia .Bei;hta Co1inc11·".t:}t••ba_n.'fl,S� at ,:,:.t:�.(.: ....,·,. '· .� .:sto -4&0th Avenue ME,··eollmbia tlel�hta�·-.N;·.:�e ''Q>luwb� --1�·ctty ·+i)t:-· ·. �uncil ·•hall ,consider ·i1:he c-evocat1on·, �ion '-"4/or-_ �•r '.:·/"";:'.,-app ropriate :11iapoaltion· .-of'·�· a.toana• -�--��,;• :�l >.�.;dwellin9(a) ·-1:tf . Dats,(,Q � lf(J.a;.·J · ... �··,.Jo··.:;.--:_,., --��:.i��f.;ir-z-.��'.;��4-�, · , .. --:-:·�-: ... ·. ' . ·. . . . ·' . .. v..r -� . . .-··. .1t:,.,-i,·�'\.;�:.••.:;r,.��--:� .-. : J:f.,.,:. : .· .. • • ' •, '• I ;• �1.,. v.�'<: .... ,IL.-•,-,,_,�• • �l.,: ·•.r ,. '""' -, • •. • • • . ·. ' .. -.... ,,. ,:•._······ -·..,.. . ..... , . .-·-.. ;·�,·� .. ,, .·,i---�· �.,-.-;�l'-· ....... �-,:v._�i '"«:1-i.1,-.-·:d.-.:"!.."f.'•·.-i"';'-: · ... � -. : . ·� ... . · !· r-�·--�-. ·.J.: :-�,·.;--� • lt1tn1pt ;pf CIVIi �;.,��'.'/C',--��'·-···'::'�5.�-+-· --: ,�.l .· ... __ ·. <: ... · · ·-· · : ;,.... '·:. · .. \. _.-... > · · � · · · · . ·-· -. .,. ·-i--�;�1r-:::r��·t��\·,,,..r-=."· .:.r,,1.-� .. _ -. ;·.·<:.:: ... .,.; ..... 4' 1." .Your property,1.ocat.ecS at· ... r-lt/ -,,Oit·:s'f; ,d ,f_.:··-\�� .::�-ie;��ia >><�··-: 2. 3. -Heights, JIN, .vaa .ina�ct• .. n 4•_1-t., -�,·��in ... �.t�-:�:-_·on 2-tf/i.'1 · • ,. . . .. _ --.-·· . ., .-,", .. �-......... ·, .... :: . .- • .: \ .• :' .. :..··. ::.-:--/ -�·:.��---�.;�::·:· '--� :��( •. : ,:.: •. -� .! ,. �> ,: �. : .. :: ::··. " t._'·· .. , ... on (,, .. 2,.91 ·· •nd '·'·?c-'"··�·-'';_ .. ,. ·ComplianceOrders were -issued Which ·.indcatedat the 'following violations required corractiva action: ... ,., ... ---. ··.--·.,,·::· . . ·: ::�.:: �:"'t �·-, · ....... · .. ·-., ·--�,· ... ? � 811 ATTACHED COKPLDJJCI Gal>D WHICH .IS DCORPORATEO HEREIN BY REFERENCE J'OR A l>ETAIL OF .THE VIOLATIONS MD CORRECTIVE ACTION REQUIRED •.. As cf this date :T'wL� -,�af/ violations have not been or • : , ,. ···.•. ·...... . .. _l. _.. • . ;th• ·: -�v• · ·.c»utlinad... •,·; ,.-'. • j .... ·" .: •;;:. ,; i J . _ .... , ,. ":_, ... "; Pursuant to ·section S.104 (2) -1:»f the Columbia Hei9hta �ity -"Code, a violation of any provisions of ·-Chapters 5 or 5A, -or of -•tate .law,· .) •hall be a prima facie showing of ,cause ror revocation, •uapenaion, · : .. 'or ether such action restricting the pr�vil•g•• .-of• .lioenaea ... ·. -�·-·.··.:·. = . . . . ,: . ;·::. ... ··, .. -�-:•.(, .. ·.··.··.�--... .�·. ···:..:-:._i,�DSB Bl OH •OTICB tha� ·o n the·�··.,:/3-C-·, -'�ay··.��,�·-.. ,;;; .• '_. .. -:�..-::· ·7. oo p.111. , -or •• aoon . thereafter -•• aay .;,be -• . �: -i'.iurabia . <. Beighta. City council ·•ha�l �old <A '?ublic·�aaar1� ;�o .ia41!re•• :she .. ,.-... / .. . . .. ·:taaue -of revocation of your rental licanae�/:&t =1:be�ltc·�g · . .-.:; . .-·:..:· �--·you will be 9ivan :en .c,pportunli': ·*° · 11v� ··:&e•�iaony "�-�.� �;:·-{�),.. ,: , , . . . ,·.· -�·····-··-··.,.-. • . !,'· J•;.,.-,,l�·· ., (),' ; ·-·,-·:,� .. . .· .1. .evidence eon 1:he 'above �et ��. aau�• •t.::.�:��. i,;�f-"*·t :-;.!.,._-. t �:-��.�� ... -_ -�--... -=:� · -_ -ci.· . .:. .. :. � •. • -··.:_ .t. • •. . � .• --... ·." .... \.-., .. :·,.,-=·· •. � .. ;" r� _..,,. :-·:�:r-.:.-o. .... l ::�::.�tt-.-:-� �.-t.��:�· ..... ::,_, ..... � . ·.-�-� .. -:.;t.; ·J ·: ; ----� -:•c!.·��-r� --�·i;t,·c1-�i·{.§!�l•;;.-_,'t,"X._.:;,<.c-i�..-.:·'Ny�� ... y-#f'�-,._r� .... �-�;.��(r.;. . ,i��®�!fll· ·_. .· �.-·: �<.-·.. . . .. ·"· ., .,,,. ;,.:.,,.,,.,).,�.,,, ... ,:v-,.,,,.,., ··"".'.�'·*""'�\i..,�-.-,··;!f;..�" t·�T-L .. c:..,.,,_,:\;\•-........ � .. 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I. •• .. • •• : ·, .... •:-.... ·� •• ;_-�, ... ,._.-_:�;;it; .. .,.;.�,;. ,"!,;":;,p : ••• ·w:r· ROSER Chief ::c1umbi.a H�i.ght& Fir� D�p�rtm�nt Violations by Inspection 1fo' 11 (I-Cuf'fotP�· µ, From Date:07-14-1993 To D�te:07-14-1993 ,te: 0B-02-1993 (DPUIOl) P1ge I: 1 INER JD: IOPERTY ID: :tUPANCY JD: 10005 10005 l ONNER ORSANJZATJON: NELSON SJN6LE FAftlLY RENTALS PROPERTY IIAtlE/DESC: 3911 TYLER ORSANJZATJDN NAIIE: NELSON SINSLE FAftlLY RENTALS CONTACT IIAftE: NELSON, DAYE G OCCUP CONTACT: NELSON, DAYE I ISPECTJON DATE: 07-14-1993 INSPECTION TYPE: 92 START TIIIE: 1300 FINISH TINE: ITE/NEXT INSP: 09-03-1993 JNSP DISTRICT: 703 PARCR WftBER: tolation Follo•·up .fialltion l1rnin; Injunction Ci titian •u1ber Rtslv? Datt Inspection Activity .todt Ste Rtftrrld To Ltr D1t1 D1t1 Nu1ber \t.J 2P 3 � t�rr 4 t 5 � ( �� ·l;i 09-03-1993 5 CITY ORDINANCE 5A 205(1)F � 08-02-1993Violation Details: VIOLATION: &ARASE PAINT IS PEELJNS AND IN NEED OF RESTORATION CORRECTIVE ACTION: SHALL SCRAPE AND PAINT &ARASE, INCLUDINS SERVICE DOORS AND TRlft 09-03-1993 5 CITY ORDINANCE 9.117 (4) / Violation Details: VIOLATION: PARKINS PAD IS DETERIORATED. 08-02-1993 CORRECTIVE ACTION: SHALL SEAL COAT OR REPLACE PARKINS PAD 09-03-1993 5 CITY ORDINANCE SA 20511 )F , Violat1on Detiils: VIOLATION: PAINT JS PEELJN5 ON NAJN STRUCTURE, OB-02-1993 CORRECTIVE ACTION: SHALL SCRAPE AtCD PAINT ALL MJNDONS, SDFFIT, FACJA AND TRlft OF STRUCTURE 09-03-1993 7 U.B.C. 301 (Al OB-02-1993 Violation Details: VIOLATION: A NEV ESRESS MJNDDN HAS BEEN INSTALLED IN A BEDROOft AS REQUIRED, PERftlTS FDR THE INSTALLATION OF THAT MJNDOW MERE ALSO REQUIRED AND HAVE NOT BEEN ISSUED, CORRECTIVE ACTION: OBTAIN THE REQUIRED PERtllT fROft THE CITY OF CDLUIIBIA H£16HTS LJCENSJNS DEPART"ENT � 09-03-1993 5 CITY ORDINANCE IA 201(1)& ' 08-02-1993 Violation Details: VIOLATION: IIOODEN STEPS AND DECK TO REAR ENTRY DOOR ARE DETERIORATED AND PUlLINS A�AY FROft STRUCTURE CORRECTIVE ACTION: IEPlACE ENTRY STEPS AND LANDIN& 09-03-1993 5 CITY ORDINANCE $A 2051111 · 08-02-1993 Yiol1tion D1t1ils: VIOLATION: DOUBLE HUNS MINDDNS ARE SHDNIN6 DETERIORATION. &LAZJNS AND PAINT ARE LOOSE DR PEELING CORRECTJYE ACTION: RESLAZE, SCRAPE AND PAINT DOUBLE HUNS MINDDNS rl�6rJlq,J-"f) -&.�g"-t>oo Ho't SI\W PROIJER Chief ·Cc, 1 L&mb.i.a. D,te: 08-02-1993 (OPSij01) IMINER ID: 10005 PROPERTY ID: 10005 OCCUPANCY ID: 1 H�.i.ght� Fir� D�p�rtm�nt Violations by Inspection From D�te:07-14-1993 To Date107-14-1993 DilNER DR6ANIZATION: NELSON SIN&LE FMILY RENTALS PROPERTY NA"E/D£SC: 3911 nLER DR6ANIZATION NARE: IIELSON SIN6LE FMILY RENTALS CONTACT NA"E: NELSON, DAVE 1ICtUP CONTACT: IELSON, DAVE Pige t: 2 INSPECTION DATE: 07·14-1993 INSPECTION TYPE: 92 START TJ11E: 1300 FINISH TIIIE: DATE/NEXT lNSP: 09·03-1993 INSP DISTRICT: 703 PARCEL UBER: lliclaticn Follow-up .· Violation l1rning Jnjunction Citation Nu1ber Resh? D1te Inspection Activity tode Ste . Reftrrtd Ta Ltr D1te Date llu1ber --·-·---·-·-------·--------·---------------·-------------·-- ':::P'� 09-03-1993 5 CITY ORDINANCE 5A 205(1)8 Viclaticn Details: VIOLATION: SEVERAL SCREENS ARE DA"ABED OR ft1SSIN6 08·02-1993 CORRECTIVE ACTION: REPLACE ALL DARA6ED DR RISSIN6 SCREENS ON STRUCTURE E """" 09-03-1993 5 CITY ORDINANCE 5A 205(1)E � Vi0l1t10n Details: VIOLATION: PAINT ON FENCE IS DETERIDRATIN6 08-02-1993 �� CORRECTIVE ACTION: SHALL SCRAPE AND PAINT FENCE 09-03-1993 5 CITY ORDINANCE 5A 205(1)A Yi0l1tior. Details: VIOLATION: SUTTER ON REAR OF STRUCTURE IS �A6ED 08-02-1993 CORRECTIVE ACTION: REPAIR DR REPLACE DAIIA&ED.SECTION OF SUTTER 10 09-03-1993 5 CITY ORDINANCE 08-02-1993Viclaticn Details: DATE OF FIRST INSPECTION: JUNE 2, 1993 AT 10:00 A.ft.INSPECTIN6 OFFICER: &DR"AN/FIELD DATE OF SECOND INSPECTION: JULY 14, 1993 AT 10:00 A.ft.INSPECTING OFFICER: &DRRAN/FIELll DATE OF SCHEDULED FINAL IIISPICTION: SEPTEIIBER 3 1 1'93 AT 10100 A.ft. I _. PURSUANT TO CMAPTER 5A, ARTICLE 111 Ir THE COLUIDIA HEI&HTS HDUSlNS AND NAINTENMCE CODE, THE ABOVE NOTED PROPERTY lfAS INSPECTED ON JUNE 2, 1'93 AND A SECOND INSPECTION PERFORIIED ON JULY 14 1 1993. THE ABOVE DESCRIBED VIOLATIONS AND/DR DEFICIENCIES REIIAIN AND CONTINUE TO REQUIRE CORRECTIVE ACTION, NOTE: PURSUANT TO SECTION 5A.305(1)1 MY PEISON TO IHDtl A COftPLIANtE ORDER JS IIRECTED "AY APPEAL SAID ORDER AS SET FORTH IN SECTION 6.202(1) Of THE COLUIDIA HEl6HTS CITY CODE, YOU HAYE THIRTY (30) DAYS FRO" THE DATE OF THIS NOTICE TD CORRECT ALL THE VIOLATIONS HEREIN NOTED, IF SAID VIOLATIONS ARE NOT CORRECTED WITHIN THIRTY (301 DAYS, PLEASE IE ADVISED THAT ON THE 13TH DAY OF SEPTE"BER, 1993, AT 7:00 P.R., LOIIEU D£"ARS, ENFORCEIIENT DF�ICER WILL BE PETITIONIN6 THE COLURBIA HEI&HTS CITY COUNCIL FOR THE REVOCATION OF YOUR LICENSE TD OPERATE A RENTAL DNELLIN6 IN COLlllBIA HEI&HTS. )ROBER Chief C�1�mbi� H�iQht� Fir� D�p�rtm��t Violations by Inspection late: 08-02-1993 (DPlW01) )NNER JD: 1ROPEP.TY ID: ltCUPANCY ID: J0005 10005 l From Date:07-14-1993 �o Date:07-14-1993 OIINER DR&ANIZATJON: NELSON SJN&LE FA"ILY RENTALS PROPERTY NA"E/DESC: 3911 TYLER DR6ANJZATION NA"E: NELSON SJNBLE FMILY RENTALS CONTACT NA"E: NELSON, DAYE DCCUP CONTACT: ELSON, DAYE Pave I: 3 INSPECTION DATE: 07-14-1993 INSPECTION TYPE: >ATE/NEXT INSP: 09-03-1993 JNSP DISTRICT: 92 703 START TIii£: 1300 PARCEL IUIIBER: FINISH TIii£: liohtion F0l1011-up Viol1tion M1rning Injunction Citation Nu1ber Reslv? Date Inspection Activity Code Sec Reftrrtd To Ltr D1te Dile Nu1ber TOTAL VIOLATIONS: lC ------------------·-·· ANY QUESTIONS RE6ARDIN6 THIS CO"PLtANCE ORDER SHOULD IE DIRECTED TD LDNELL DE"ARS AT 782-2800 1EXT. 830 NEEKDAYS FRO" 8:00 A.". TO 4:30 P.". -�----� -·---- PRD2ER C�ief c�i�mbi� I;a�e: {::-(;:-�1·1: (:=1�:::J � .. ��:. }�:4 r,,·,t1 C ··-·h·.· PRC,,·EF;:Y ID: 1c:>C1!, or:u?.;,�:v It: 1 H�ight� Fir� D�p�rtm�nt Violations by Inspection Froni D2te:06-02-1993 To D�te:06-02-1993 o�·E =: c=:2Al\:ZA':'!�'i: NELWl SINSL: FA�!LV RENTALS f P.(PERTY N��E/!IES:: 3911 TYl.Efi 0�:6A�!?A'!'ION N��:: NELSrN SINSLE FA�ILV RENTALS CO�TACT NA�E: NELSON ! DAVE DCCUP COMTACT: NELS�N, DAVE I-/ fa;e i: 1 !NE =r�,.!m; :A�E: Oe-02-19;3 INSPECTION TYPE: �1 703 START TJltE: 100(1 FINISH TINE: 1c:c DVE.1 �En !NSt,: (17-(1�-!9�3 INSt· DISTRICT: PARCEL NU"BER: \r:�1i::::-i Fc:l:iic-i.� Viclatior. liarning Jnjun::tion (1ta:itr: �� Reslv" DatE J�s?�:tic� A:tivi�y Coce Sec Re�nred To Ltr Date Date N.'r::e� --------·--------------·----------------------------------------·-----------------------------------·--- -"'� �tl6 : �\ C-""c �dt' ��£ 1. ( � t,\ OT' -· Dorl� t .)JCSi lb&� \ :��;�:�� =:: ... , •: :!:,Y_ �:?W;::: �a -, -",,,,-,/'i' ······=· ��-:_:. .. ::,ttc v· -;,, .. :>ti.. -£.A.U \!../ r ••. ; .. .,\_ • t:a ,l• 6 .. �A=� i=�2;� Arr, :1"1l: , .. ._ •• • • .;\J 06-03-199: .·--·-=-�::-c "·l'!'y r-:_-e.·:_t:-: q Zd'(i'\ -· .. -.••. 1. ·--� r.., ··.::::;:::.� !,e:�:::: s�;-�� t.:c.��:/=�!��:E F'AF�tJt:. �=,E;'l If 7 (lf) � e,.(,3-199:. c--·: :-: =�., �::2i�:=� :;��!s: s�� :K! ;Ei� ��2; FFC�E Q� �o�;�:!�\' :�:::!\½'\:·� .),1 U>s(tJ F c•:-03-1�9:. .a�-··=-·::;-� �:Ti��!��=� (IC-03-!�-:3 :::.i�::r :e:��:E� � �E·1 E�=E�� !�::� JAE FE�� :�ErA��Er !� A EEtRC)�j FE=�:7� 4�E ��;�!;�: ��: �E�� :� !�S��). uBc E�� p�;�w F:� �R�::� PE��l T e FRD� T�: �::ENEINS DEPA�TNE��. 7E1-23:7 ;,;_;,:_;��-• :'"V r.v:'�'�.-�. J� ., ·'I /:,J,, '°l�-c,'l:-lll:;:,; _ \.., _ • ... ., ,, .... ,. 1i,, ·••l'ii.1•-'J """" \(. t:,' '-'Ii-' � 167 .• ..• · •••••• , •• ,· •• c-,.;;1 f-.:-;-'i)'"t F:•'·.:, c;rr-;::, ,o l;Tr,I!" ·;: ... ,Jr•:'(::-•,r sri:::i;t "NT: 1111:-1q; ,,,:-f•I!: Tt".: �-=i:,·y· FC·"'� , __ .,a;.4,-. iE .. o •• _., ....... -'-·-· -·•'-i-t' .. , .-._, ...... n�-1�---• L,.,.n ... r'L ..... r, � .. t":n •• n-, ,-;,,_ •••• , .. r.J.., .d� . Si��:;l�:E O-)E-1,::, 5 C!iY O�!:I�A'i:: 2.ol-r I) B v�:::;;tio:i Detcils: SHALL SCRAPE AND P�INT ALL lilN!)Ol(S A�rn TF.T(' Ot-n-19�3 -Uall,(,�C', 07-0E-1993 S CITY ORD!N�NCE �J / ... �Ps Ob-03-1993 o�.. Violati:1'. Details: SHALL RE6LA2E AND FAINT ALL ll��LE HUNS NDCi S B -&'''l. � (17-CE-19935 CITY ORDINANCE '20.1" CJ /j N_ o�+ Viola!io:: Details: SHAa REf'AIF./f<Ef'LACE ALt DANAGED SCREENS ANt1 IIIHDOIIS 9,�� (.La.U l,(.E\°"9 9 �ll't' 07-08-199:. 5 CITY ORDINANCE 2-AJ / f> OoJ� \liolition Detai!s: SHAL SCRAPE AND PAIN: TRI� AROUNt FRON! ll�OR H• _,, ..� . �'i" bs.>C.. � o,.,.€ 01-02-!:m ! crrv ORDINAN:£-z_.o.s-I �V;�l�::or. !•ehi:s: SH,t.L SCH!�-E AND PAINT/STAIN FENCE '1i-n::-• c;:; E "TT'<t 'l�"I"A-·":t--, .II!\,-, II \. ·• ,'7. -., •• . L'.,1' !1 I\• G,-0� \li:latic� De!��s: SH�LL REPLA[E DA�ASED E�TTER IN REA� 7., ,, -�) Oli-03-1993 Scf:ff.-s S\'\u.�1ss,,.c,.06-03-1,9� .• ••,l Ot-Ci3-i 993 Ob-03-1�9: . . . • , " . -�-.�,, ......� � -F 'I =I i I � . I. I I I . . •'•·;;.'!" •,.,"• I ,.,_jA. : •_r.• •i� \·"'·· ' {(, /·�,; ... , .... �.,·:�...... • : ... ( .�··· 't" � :' . ., .' · .. _f. • � ; . -�-· � ;... � .• -. . .. tJ" ·(Jf .. ;.·,:i· t A l"°j !' -1\ • �-.,..: • .. 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D � (·.) :, I-'-, (.) rl' ,.� 3-.fl ·-,0 m t·-3 J rl' I J..I REVOC ATION AND SUSPENSION OF RENTAL LICENSE OF DAVID NELSON AT 3911 TYLER STREET NE FINDINGS OF FACT AND STATEMENT OF ACTION TAKEN Pursuant to Columbia Heights Code Section 5.104, a public hearing was called to consider the revocation of the rental license of David Nelson for the property located at 3911 Tyler Street NE, Columbia Heights, MN. Pursuant to Columbia Heights Code Section 5. l��e Columbia Heights City Council makes the following findifrqs of fact: 1. 2. 3. 4. 5. 6. 7. 8. 9. That the following persons of the City of Columbia Heights, --------....,..:;--------That the following ppeared on behalf of Mr. David Nelson, ------------,.G..-----------------That on June 2, 1993 a performed and notifi using maintenance code inspection was tion of violations was mailed to Mr. David Nelson. That on July 14, k993 a re-inspection was performed, there was not complete co liance and a second notice of violations was served on Mr. avid Nelson. That on Sept ber 9, 1993 a re-inspection was performed, there was no comp iance and a third notice of violations was served on Mr. Dav'd Nelson. eptember 13, 1993, Lowell Demars, Assistant Fire the City of Columbia Heights, served the Compliance otice of Public Hearing and Statement of Cause upon elson, by mailing him a copy thereof by certified mail. ursuant to Section 5A.303 (1), said compliance order, notic� for public hearing, and written statement of cause st7t d: That a) b) c) in writing; the location and the nature of the violations of the Columbia Heights City Code; and a reasonable time for the correction of such violations. That pursuant to Section 5A.303 (1), said compliance order, notice for public hearing, and written statement of cause were properly served upon Mr. David Nelson. That as of October 25, 1993, the following violations continue to be in existence, see attached Exhibit A, incorporated herein by reference: "SEE ATT ACHED EXHIBIT A" 10.That the property at 3911 Tyler Street NE, Columbia Heights,MN has been found to be in violation of Chapter 5A, of theCity Code of Columbia Heights, specifically, see attachedExhibit A which is incorporated herein by reference: "SEE EXHIBIT A" Pursuant Section 5.104 {2) of the Columbia Heights City Code and to the above-mentioned findings of fact, the City Council of Columbia Heights does hereby find that there is a prima facie showing of cause for revocation, or other such action restricting the privileges of the license to operate a rental dwelling of Mr. David Nelson. ' RESOLUTION NO. A RESOLUTION REVOKING _T_H_E_L_I_C_E_N_S_E_T_O OPERATE A RENTAL DWELLING OF MR. DAVID NELSON LOCATED AT 3911 TYLER STREET NE, COLUMBIA HEIGHTS, MN WHEREAS, a public hearing was held this October 25, 1993 in the matter the of revocation of the license to operate a rental dwelling of Mr. David Nelson, and; WHEREAS, there is a prima facie showing of cause for the revocation of said license: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1.That the Findings of Fact and Statement of Action Takenattached hereto are hereby incorporated by reference,and; 2 • That the license to operate a rental dwelling of Mr.David Nelson located at 3911 Tyler Street NE, ColumbiaHeights, MN is hereby revoked, effective immediately. 3.That notice of said revocation of license be given as setforth in Section 5.104 (1) (c) of the Columbia HeightsCity Code. The motion to adopt such resolution was seconded by , and upon roll call the following voted: ---------- YEAS: ------------- NAYS: -------------- Thereupon the Mayor declared said resolution duly adopted and passed. Passed: ------------Donald J. Murzyn, Jr., Mayor Jo-Anne Student, Council Secretary ?) ? KXHIBIT A ADDRKSS: 3911 TYLKR STREKT NK OWNKR: DAVE NELSON OUTSTANDING ITEMS AS OF 10/25/93: 2) ® 4) 5) @) 0 Garage paint peeling. 5A-205.1.F Parking pad deteriorated. 5A-208.1 Paint peeling on house. 5A-205.1.A No permit issued for newly installed egress window. 301.A Rear entry wooden steps and deck deteriorated. 5A-201. 1.G Double hung windows need glazing and paint. 5A-205. 1.B Fence needs paint. 5A-205.1.E Incomplete Incomplete Incomplete Complete In Process Incomplete Incomplete CITY COUNCIL LETTER Meeting of October 25, 1993 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO: 6 CITY MANAGER'S APPROVAL ITEM: ESTABLISHING AMOUNT OF ASSESSMENTS BY: PATRICK HENTGES BYQ'*- NO: TO BE LEVIED 6.(!,. DATE: 10/18/93 Consistent with Minnesota Statutes and the City Code, the City Council annually adopts a resolution prior to the Special Assessment Public Hearing regarding costs to be borne by the City for public improvement projects. The resolution establishes the amount of City share and the amount of special assessments for projects to be levied against benefiting properties in the City of Columbia Heights. The purpose of the resolution is to advise the general public of costs to be incurred by the City versus costs to be incurred by benefiting property owners. Adoption of the resolution is basically a routine matter in order to comply with State Statutes and the City Code. Staff recommends adoption of the attached Resolution. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there beingample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 93-__ : Being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects to be Levied. COUNCIL ACTION: RESOLUTION NO. 93 - BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED VHEREAS, the City Council of the City of Columbia Heights by motion on the 23rd day of August, 1993, ordered a special assessment hearing to levy the cost of improvement and VHEREAS, the following projects will be specially assessed on November 29th, 1993, and a portion of the costs may be borne by the City, NOV, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: PIR PROJECT 886 Sealcoat NV 1/4 Area I CITY OF HILLTOP $4,621.73 SPECIAL GENERAL FUND CITY __ CI=T�Y�- $24,131.46 $1,853.20 Passed this 25th day of October, 1993. Offered by: Seconded by: Roll Call: ASSESSMENT $124,974.56 DONALD J. MURZYN, JR., MAYOR Secretary to the Council TOT_AL_ $155,580.95 CITY COUNCIL LETTER Meeting of : OCTOBER 25, 1993 AGENDA SECTION: ORDINANCES, RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO: 6 CITY MANAGER'S APPROVAL ITEM: RESOLUTION CERTIFYING DELINQUENT BY: PATRICK HENTGES BY: NO: 6.D.ASSESSMENTS DATE: OCTOBER 11, 1993 Attached is a resolution which the Council is asked to adopt annually certifying delinquent special assessments, utility, inspection, shade tree and weed control charges, in the amount of $44,691.88, to the County Property Tax Administrator for collection. Also, for the Council's information, staff has·attached a balance sheet of 1992 current assessments and history. Staff recommends the Council adopt the following motions. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move. to adopt Resolution 93-_, being a Resolution certifying delinquent assessments. COUNCIL ACTION: Mayor Donald J. Murzyn, Jr. Councilmembers Sean T. Clerkin Bruce G. Nawrocki Gary L. Peterson Robert W. Ruettimann City Manager Patrick Hentges CITY OF COLUMBIA HEIGHTS . 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612)782-2800 RESOLUTION NO. 93 - CERTIFICATION OF DELINQUENT ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments, delinquent utility, inspection fees, shade tree and weed charges on the properties in the City of Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 1993 totaling $44,691.88. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual real estate tax statements for the current year and identified thereon as •special Assessments -Fund #82134. SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until October 15, 1993. Upon receipt of said payments the County will be notified to remove this levy from the tax rolls. Passed this 25th day·of October, 1993. Offered by: Seconded by: Roll Call: Donald J. Murzyn, Jr., Mayor Secretary to the Council "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNllY EMPLOYER .--:· Current Balances 10% Penalty CITY OF COLUMBIA HEIGHTS SPECIAL ASSESSMENTS Misc. Delinquent Bills $33,219.35 3,322.73 8,103.80 Total Delinquent 1993 $44,645.88 Minus Payments Received 3,628.36 (9/17 thru 10/15) TOTAL AMOUNT CERTIFIED $41,017.52 The current balance of $33,219.35 is 31.58% of the total billed as current, which was $105,192.39*. YEAR 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988* 1989* 1990* 1991* 1992* 1993* CURRENT SPECIAL ASSESSMENT HISTORY TOTAL BILLED $150,906.10 122,729.53 190,635.48 217,810.32 289,011.41 299,680.09 236,685.51 179,811.95 201,700.46 197,640.59 218,860.49 188,131.51 187,314.27 154,598.10 105,192.39 UNPAID CURRENT $ 46,210.34 60,072.39 87,722.97 109,994.99 135,218.90 112,877.42 109,905.61 80,351.84 79,788.58 87,194.08 76,784.00 81,849.03 54,051.09 _53,213.54 33,219.35 % CERTIFIED 30.62% 48.95% 46.02% 50.50% 46.79% 37.67% 46.44% 44.69% 39.56% 44.13% 34.17% 43.51% 28.86% 34.42% 31.58% *The ramp at 4025 VanBuren St. was assessed, however, was notincluded in this figure. Also not included are the miscellaneous delinquent bills. CITY OF COLUMBIA HEIGHTS MEETING OF: October 25. 1993 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT:CITY MGR NO: 6 CITY MANAGER'S APPROVAL ITEM: UNFUNDED MANDATES DAY BY: P. HENTGES B� NO: l,.E.. RESOLUTION DA TE: 10/22/93 The League of Minnesota Cities, in collaboration with the National League of Cities and other local government organizations, is organizing a public education campaign to explain the impact of unfunded federal mandates on local government taxes. The effort will begin on Wednesday, October 27, 1993, with the declaration of "Unfunded Mandates Day" in cities throughout the United Stales. Upon execution of the resolution, the City Manager will forward a letter to the Minnesota Congressional Delegation over the Mayor and City Council's signature. If you would like to point out an example of a federal and/or state mandate that has had an impact on Columbia Heights, I will include your example in the letter. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 93-__ ; Being a Resolution on Unfunded Mandates. • COUNCIL ACTION: �jw�wwwwwww��(,f !l{.eso{ution on 'll.nfuntle{ 9vlantfates I �i) i �i �i � � �)) I I I Whereas, unfunded mandates on local government have increased significantly in recent years; Whereas, federal and state mandates do not consider local circumstances, costs, or capacity, and subject cities to civil or criminal penalties for noncompliance; Whereas, federal and state mandates require compliance regardless of other press ing local needs and priorities affecting the health, welfare, and safety of citizens; Whereas, federal and state burdens on local governments force cities to impose a combination of higher local taxes and fees on local taxpayers and/or reduce local services to citizens; Whereas, federal and state mandates are often inflexible, "one-size-fits-all" require ments with unrealistic time frames and overly specific and inflexible procedures where less costly alternatives may be just as effective; Whereas, the cumulative impact of these laws and rules directly affect the citizens of our cities; and Whereas, the League of Minnesota Cities, in collaboration with the National League of Cities, seeks to help citizens understand and then help encourage law makers to reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 1993; i i i i � �i i � � � �i i i i «< Now, therefore, be it resolved that the City of COLUMBIA HEIGHTS ( endorses the League's efforts and those of the National League of Cities and will ifully inform our citizens about the impact of state federal mandates on our local spending and taxes; Be it further resolved that the City of co LUMB , A HE , GHTS t endorses this year of mandate awareness, beginning on October 27 by informing � �i and working with members of our Congressional delegation and our state legisla-I I tors to educate them about the impact of federal and state mandates and the ac tions necessary to reduce these burdens on our citizens. Offered by: ____ __,..---,-,----i I\ Seconded by: Don Murzyn, Jr., Mayor Iii. 1/ Roll Call: � ')� Jo-Anne Student, Council Secretary �� ·��' --=--' ;··· .. i ;··-� ( ·-. -.. r r. ! •• - � .. ••• -· i··, ···... '· � -gz I I I I ,,:···"! League of Minnesota Cities October 1 , 1993 3490 Lexington Avenue North Sl Paul, MN 55126-8044 (612) 490-5600 TO: Mayors, Managers, and Clerks FROM: Lee Swanson, I.MC President RE: Unfunded Mandates Day (····:' ·y·,·�-; 4 :_,:/ �-:, .. ;._-· .... < The League is collaborating with the National League of Cities and other associations representing local government in an important public education campaign to explain the impact of the dramatic increase in the mandates imposed on cities by the federal government. The effort will begin on Wednesday, October 27, "Unfunded Mandates Day" in cities throughout the United States. I am urging all LMC member cities to help educate citizens and lawmakers about how unfunded federal and state mandates affect cities. I have enclosed information to help your city actively participate. The materials have suggestions to help you draw attention to the financial and administrative burdens of unfunded state and federal mandates on local budgets and taxes. I encourage your city to take the following steps prior to and on October 27, and to continue this effort throughout the coming year: (1)Adopt the enclosed resolution on unfunded mandates at a city council meeting BEFORE October 27, and send/fax a copy to the League if you do. (Ll\IC fax: (612) 490-0072) (2)Modify the enclosed sample letter to fit your city's situation andsend it to members of the Minnesota Congressional Delegation over the ma:yor's signature. (3)Provide at least one example of a federal and/or state mandate that has had a major impact on your city. Send a description of that mandate to Sarah Hackett at the LMC Office by OCTOBER 13. Include a general description of the specific requirement(s); an estimate of the cost to your city; and a brief explanation of the impact of the mandate(s) on city operations and services. As part of the activities for October 27, I will write an editorial about the effects of mandates on cities for distribution to major daily newspapers. The League will send you a different editorial that you can use with your local paper. You will need to add some examples of the impact of mandates on your city. Below is a list of some state and federal mandates. Enclosed you wiB also find a flyer the National League of Cities has produced which answers questions about mandates. Please make additional copies for councilmembers as well as for citizens in your community with whom you may have a chance to discuss these concerns. Thank you and good luck! STATE AND FEDERAL(•) MANDA TFS PERSONNEL/EMPLOYEE RELATIONS Unemployment compensation Workers compensation Public pensions -Basic and Coordinated plans Continuation of health and life insurance coverage Prevailing wages paid on public contracts (both) Veterans preference Emp1oyee right-to-know Parental leave/Family leave* Fair Labor Standards Act* Americans with Disabilities Act* ENVIRONMENf Wastewater treatment standards (both) Drinking water standards (both) Surface water management Waste disposal criteria/facilities* Hazardous substance transportation Recycling Minnesota Clean Indoor Air Act Lead-based paint testing and removal• Leaking underground storage tanks (both) Superfund (both) REVENUE CONSTRAINTS· Tax-exempt property Limitations on local special assessments Limitations on maximum penalties and fines Truth in Taxation Sales tax and MVET on city purchases Minimum levy contribution to regional libaries *indicates a federal mandate PUBLIC SAFETY Peace officer standards & training Temporary detention facilities/ detoxification centers 911 -emergency phone service Confined space entry Animal control "First responder" & firefighting by city employees on state hwys. PLANNING Land use planning State zoning standards Uniform building code Flood plain management Flood insurance Shoreland development TRANSPORTATION Municipal state aid roads Computer requirements GENERAL GOV'T/RECORDS Conducting elections Record retention schedule Data Practices Act Open Meeting Law Competitive bidding Publication of summary budget Municipal liquor store reporting Street lighting Tax-exempt bond reporting* Model Mandates Fax Letter October 27, 1993 The Honorable U.S. Senate/House of RepresentativesWashington, D.C. 20510/20515 Dear Senator/Representative: We are writing on behalf of the citirelding the burden of unfunded federal maffltate federal government considers future m�d1f·'· "pay� of (CITY NAME) asking your help in reduciff P,e your action to force a change in the way the Today we are beginning a public education campaigfi in our city about what federal mandates are and what they mean to citizens. We ir\.W.!lQ_to maktllear the real costs that are passed on to our city. Federal mandates directly affect the ct·· requirements to perform duties withou .;· oiisif° ration of local priorities, costs, or possible alternatives put an unfair burden on taxpayer , By i · ming other pressing local needs or priorities, federalmandates take decision making powet : ·, . __ , � hands of local officials. M Too often, federal rules and regulation-�, impose unrealistic time frames, and specify procedures or facilities where less costly,r{few�ight be just as effective. It is time for that tochange. We want you to take a leadership role in1:®Jjj!l�_k the tide. Enclosed is a copy of a resolution onfederal mandates adopted by our city council�uld like to report that Congress will act to reduce storrnwater and drinking water m,.n:i-� .. , , -�e this session adjourns. We would like to report that no future law or regulation � . . sed without close consultation with local leaders,and without the federal government pie� .. := share of any costs. Please join our campaign to end unfun�19Jed dates and to reintroduce government as apartnership to serve our citizens. Sincerely, CONGRESSIONAL DELEGATION ADDRESSES ARE ON THE OPPOSI TE SIDE Senator Daw Durenberier (IR) 154 Russell Senate Office Bldg. Washington, D.C. 20510 (202) 224-3244 1020 Plymouth Bldg. 12 S.6th St. Minneapolis, MN 55402 (612) 2370-3382 I (800) 752-4226 t·irst Dmrict Timothy J. Penny {DFL) 436 Cannon House Office Bldg. Washington, D.C. 20515 (202)225-2472 P.O. Box 368 108 W. Part Square Owatonna, MN 55060 I (800) 862-8632 Second Di,trict David Minge (DFL) 1508 Longwonh HOUie Office Bldg. Washington, D.C. 20515 (202)225-2331 1 (612) 269-8863 542 Fim St. S. Montevideo, MN 56265 (612) 269-9311 108 E. Third St. Cha.�ka. MN 55318 (612)448-6567 938 Founh Ave. Windom, MN 56101 (507)831-0115 Third District Jim Ram.ffacl (IR) 322 Cannon House Office Bldg. Washington, D.C. 20515 (202)225-2871 8120 Penn Ave. S. Suite 152 Bloomington, MN 55431 (612)881-4600 Fourth District Brure F. Veato {DFL) 2J04 Rayburn How;e omce Bldg. Wa.�ingtoa, D.C. 20515 (202)225-6631 727 Galtier Plaza 175 E. 5th St. Box 100 St. Paul, MN 55101 (612)224-4503 U.S. Senators Senator Paul Wellstone {DFL) 702 Senate Hart Bldg. Washington, D.C. 2051110 (202) 224-5641 Cowt International Bldg. 2550 University Ave. Room IOON. St. Pall, MN 55114 (612) 64.5-0323 I (800) 642-6041 U.S. Representatives liflb District Martin Olav Sabo {DFL) 2336 Rayburn House Omce Bldg. Washington, D.C. 20515 (202)225-475.S 462 Federal Courts Bldg. 110 s. 4th St. Minneapolis, MN 55401 (612) 348-1649 Sixth District Rod Grams (IR) 1713 Lollgwonh House Office Bldg. Washington, D.C. 2051.S (202)225-2271 2013 2nd Avenue North Anoka, MN .55303 (612) 427-5921 Seventh District CoUin Petenon (DFL) 1133 Longwonh Hout1e Office Bldg. Washington, D.C. 20515 (202)225-2165 714 Lake Ave. Suite 107 Detroit Lakes, MN 56501 (218) 847-.5056 2603 Wheat Drive Red Lake Falls, MN S6750 (218) 253-4356 3333 W. Division St. Qoud, MN 56301 (612) 259-0559 Elghtb District James L Obentar (DFL) 2366 Rayburn House Office Bldg. WaMington, D.C. 20515 (202)225-6211 231 Federal Bldg. Duluth, MN 55802 (218)727-7474 Brainerd Qty Hall SOI LamelSt. Brainerd, MN 56401 (218) 828-4400 Chisholm Qty Hall 3161..ake St. Chisholm, MN 5.5719 (218) 254-5761 _ un .$ilirR'\�.· 1Mi,i�'-l�f,./��:tr�,i:--,r,�;��-,,l :��--;�.1 �-'!'!'.�t:-:t��!�.l ��-;.-�'"·�'".1-t�:.'··:�·;:;:-,��:'�-i�,,..�!��=-'?"l"'��"1'�� . ...-� t. ,..�1'"; t -tr.�f; ... ·...1i.. 1,"lU .t,·�t:·!i':•"-tr•'_w,:.. .-:.-�··"" · .,, .... �, · . ;,'k..:, ·-•.�.-..-... -t ,,·� · ·; ._..,. · ·, �--,. ·,·• ·,<.·,� }>;i j�,. �·-: •. · ., · ·,. · .·.·, :",· •'· ,. ·�. ,!.., fi • ll.� ...... *;'=_;,;t 1.._., :.J.'0,J:'!·.•;�-· �'!":, ,.,,, �-, .� ...... ...;F·'.i?i �•ii!.t" :-... :;,:,· ->:�$"?-:-�.� tt �:�-·�·�-:··t:�!?i·?:·:.-�-;.:_,.�t;:·:L�/t =�<�.! :/,· ;':'"':.�.: ·•·:··.: . ::,/._�::t�;_,;:_·� � ... , ::·· ···=.i ·-� ..• ·.-.,:. :.\ :.,.':: \;:,·;.:._.-'.!1,�: &J:.��;;.�;::.(.·�:..;:.t�t:i·��:!'�:· t . ·: · ···.,,. �r.-:; ··� ,,�,., ,b·: ...... ···-1��·�-ti,. :,·,-:..·.-..,,;.,;· ·<·····r�y 't,...,,..:.-·:·1'" �:., .,; ... , ......... , ,· ·.!·'.l �-; ·:·,;t;;.!�. -•.···v :·.·, .. ,. ..... � .. ., _,.. __ .-;; .. • ... �··.·:··t"'\"·:�.--�··.;�' �,�··-!'··.fJ.·· �··_1 • .l-··-�.fr. ,;:':f i.�;-.· r:r· )_f�::?�.\;):.�::'.-. f::i f•t ,;�.;:_ �/t: ·�·.\'.!:·:��:·;:;::;.: .. /·: �:;-'·. -.. : ... ;·.:.· �· :·::·:�:��-\ ·� --: ; ::r.--·,:..! • :A:_--,.�;·: .. �_:.-/�:·,.� ;1 . c--�·f ::;;Fr\.:.\�":· �·.Y:�.,�-� ... �t��:�t �--�7!1 ·�· . . j.:,_ , :.: : :":·; ,.,..,t'!,� ·.··,..:, ·-��N�ii,.: ,,,-.,•'.�':i,•-r ·,.:_ .... u .. � ...•. ·,,:·\· •..•... ., •• · .. ··,-··· •.•. -: •. 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'r .·., -.-.. , .. , ., .... -.,.,. . · ..... _·1 11.: .... � "..:. ·-�.. �� ••. ! , r--� � .. , .· . .. �.i ,..,, .. ·"t_t ·.�--., 1,.-·-•.••• _ •• -... -,\. :,1 ":--.i ........ • J. • "i ,, 1 ; ·: ·r1-�•.:: ·,:.:._: ,;_. i,_1 ·�:.,.\.,i):; �-··.:.·.::,J·}(-'.�:;.·, :tJi ;;_:.-� .1_�.,�-�4 �1�: • .! .. ·� � ·:,,:·��: . .':;il , ,;_, � .,;ji,;!,i; . .;.&,�·"',..;i nH ��;.-��tf .i-L�•r,.,.;_�j)-.,�!>4i':.:•til_.� •. ., .... __,,.. ... t� •. :'i"'�J-�-:.•, ..., ... � . ·.. • "'-( ,.· .•• -·�: ;r.,,;,...11: .... .,,.--, ... .,,;,,,l ,..lotli•i,.. .,,.�;· 1,;,6-.� .. ;\>� ......... .._, #lt &l,1 ); ....... , ••• , ....... "' • ... .... CITY OF COLUMBIA HEIGHTS AGENDA SECTION: ORDINANCES & RESOLUTIONS NO: 6 ITEM: 1993-94 LABOR CONTRACT NO: I:,. F'". IAFF, LOCAL 1216 MEETING OF: October 25, 1993 ORIGINATING DEPARTMENT: CITY MANAGER'S BY: L. MAGEE DATE: 10/22/93 CITY MGR APPROVAL BQ: Negotiations between the International Association of Firefighters, Local 1216, and members of the City negotiating team for a 1993-1994 labor agreement resulted in an impasse between the parties on twenty three issues as certified by the Bureau of Mediation Services. At the time of the arbitration hearing, by stipulation of the parties, all of the issues were withdrawn except for the issues of health insurance, uniforms, deferred compensation and wages. The arbitrator granted the City's position on health insurance (1993=$260; 1994=$270) and the City's position on uniform issue and allowance (no change in language). In the matter of contribution to deferred compensation, the arbitrator did not grant an increase in amount of contribution as requested by the union, but did award the union's request for method of contribution ($1 for $1 basis, rather than $1 for $2 basis). In the matter of wages, the City's position was: 1993=2.3%; 1994=2.3%. The union's position was: 1993=8%; 1994=8%. The arbitrator awarded: 1993=2. 75%; 1994=3%. Although the arbitrator awarded more in wages than the City's position, he confirmed and agreed with the City's comparable cities, not the union's. Furthermore, he was not persuaded by the union's argument for more pay based on addition of duties which are merely ancillary to the fundamental responsibilities of a firefighter (ie., housing maintenance code inspections, etc.). Attached are the affected sections of their contract. Staff recommends acceptance of the arbitrator's award by the Council adopting the attached resolution. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Resolution 93-__ ; Being a Resolution regarding the Labor Agreement Between the City of Columbia Heights and the International Association of Firefighters, Local No. 1216. COUNCIL ACTION: RESOLUTION 93- REGARDING LABOR AGREEMENT BE1WEEN THE CITY OF COLUMBIA HEIGHTS AND THE INTERNATIONAL .AS&>CIATION OF FIREFIGHTERS, LOCAL NO. 1216 Be it hereby resolved by the City Council of the City of Columbia Heights that: Whereas, negotiations have proceeded between the International Association of Firefighters, Local 1216, representing firefighters of the City's Fire Department, and members of the City negotiating team, and said negotiations resulted in an impasse between the parties on the following issues as certified by the Minnesota Bureau of Mediation Services: 1.Strikes & Lockouts --New, Article 4 2.Rules & Regulations --New, Article 5.1 3.Vacation --Usage --Article 9.4 4.Call-Ouh --Right to Respond --New, Article 11.1 5.Calls-Outs --Minimum Hours --Article 11.2 6.Overtime --Offering of Shifts --New, Article 11.5 7.Overtime --Distribution --Article 11.6 8.Court Time --Minimum and Rate --New, Article 11.7 9.Stand-by --Minimum and Rate --New, Article 11.7 10.Working Out of Class --Eligibility --New, Article 12.1 11.Vacation --Accrual Rate --Article 13.2 12.Severance Pay --Qualification --Article 14.8. 1 ' 13.Severance Pay --Amount --Arttc e 14.8 14.Holidays --Rate of Pay --Article 16.1 15.Holidays --Time Off --Article 16.2 16.Health Insurance --Employer contribution --Article 18.1 17.Education Incentive --Delete --Article 20.1 18.Uniforms --Original Issue --Article 21.1 19.Uniforms --Allowance --New, Article 21.2 20.Training & Drill --Rate of Pay --New 21.Wage Progression --Effective Date --Article 24.4 22.Deferred Compensation --Employer Contribution --Article 24.5 23.Wages --1993 and 1994 --Article 24.1 Whereas, an arbitrator was selected by the parties to determine such issues; and Whereas, at the time of the arbitration hearing, by stipulation of the parties, all of the issues were withdrawn except for Issue Numbers 16, 18, 19, 22, and 23, which were left for decision by the arbitrator, and Whereas the arbitrator hearing resulted in the following, effective January 1, 1993, for Local 1216, Firefighters, of: 1.Insurance: Employer contribution per employee, including dependent coverage 1993: $260; 1994: $270. 2.Uniforms: Original Issue: No Change. 3.Uniforms Allowance: No Change. Employer provided uniforms. 4.Deferred Compensation: City will contribute $1 per permanent and probationary full-time employee toward the State Deferred Compensation Program for every $1 contributed by such employee. 1993: $300; 1994: $300. 5.Wages: 1993: 2. 75%; 1994: 3%. Be it further resolved that the Mayor and City Manager are hereby authorized to enter into a contract with Local 1216 -Firefighters, effective January 1, 1993 -December 31, 1994, in accordance with the arbitrator's award, and such contract is available for inspection at the Office of the City Manager. Passed this ___ _ day of ________ , 1993 Offered By: Seconded By: Roll Call: Date of Passage: Donald Murzyn, Jr., Mayor Jo-Anne Student, Council Secretary ARTICLE XVI HOLIDAYS 16.1 In lieu of holidays, employees shall be given twelve (12) days pay per year. One holiday pay is equal to: a)For employees assigned to 40 hours work schedule . hourly rate times 8 hours b)For employees assigned to 56 hours work schedule •• hourly rate times 11.2 hours 16.2 On Easter, Thanksgiving, and Christmas, employees who reside within the City limits may be granted time away from the station in accor dance with EMPLOYER policy • ARTICLE XVII SEPARATION 17.1 Resignation: Any employee wishing to leave the EMPLOYER'S service in good standing shall file with his/her department head, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation and the reason for leaving. Employees absent from work for a period of three (3) scheduled work days without report will be considered as a voluntary resignation. 17.2 Retirement: Except as otherwise provided by law, it is compulsory that employees covered by this AGREEMENT shall retire when they attain the age of sixty-five (65) years. The age of any employee shall be the age attained on his/her last birthday and shall be subject to verifica tion. The foregoing rules as to retirement shall apply to employees of the Fire Department, subject to the Civil Services Rules and Regulations. ARTICLE XVIII INSURANCE 18.1 The EMPLOYER will contribute up to a maximum of two-hundred-and-sixty dollars ($260.00) per month per (permanent and probationary full-time) employee for calendar year 1993 for employee life insurance and group health insurance (including dependent coverage). 14 The EMPLOYER will contribute up to a maximum of two-hundred and seventy dollars ($270.00) per month per (permanent and probationary full-ti.me) employee for calendar year 1994 for employee life insurance and group health insurance (including dependent coverage). 8.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by the employee at the employee's expense to the extent allowed under the EMPLOYER'S group policy. ARTICLE XIX INJURY ON DUTY 19 .1 Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and the worker's compensation insurance payments for a period not to exceed: a)720 hours per injury for those employees assigned to a 56-hour work week by the EMPLOYER; or b)520 hours per injury for those employees assigned to a 40-hour work week by the EMPLOYER, - not charged to the employee's vacation, sick leave, or other accumu lated paid benefits, after a: a)56-hour initial waiting period per injury for those employees assigned to a 56-hour work week by the EMPLOYER; or b)40-hour initial waiting period per injury for those employees assigned to a 40-hour work week by the EMPLOYER. The waiting period shall be charged to the employee's sick leave account less worker's compensation insurance payments. ARTICLE XX EDUCATION INCENTIVE 20.1 The EMPLOYER shall pay forty cents·($.40) per credit hour to a maxi.mum of ninety (90) credits for college courses approved by the EMPLOYER 15 ARTICLE XXII WAIVER 22.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding items and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 22.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportu nity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unquali fiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXIII DURATION 23.1 This AGREEMENT shall be effective as of the first day of January, 1993, and shall remain in force and effect until the thirty-first day of December, 1994. In the event a new contract is not agreed upon by December 31 of the bargaining period, the existing AGREEMENT shall remain in force until such new AGREEMENT is agreed upon. 17 After ARTICLE XXIV WAGES 24.1 1993 Wage Schedule Level Classification: Firefighter 40-HourWork Schedule Start to Six Months Recruit Firefighter $11.64/hour 65% of Journeyman Firefighter rate Six Months Recruit Firefighter I $12.53/hour 70% of Journeyman Firefighter rate Twelve Months Recruit Firefighter II $13.43/hour 75% of Journeyman Firefighter rate Twenty-Four Months Recruit Firefighter III $14.32/hour 80% of Journeyman Firefighter rate Thirty-Six Months Firefighter I $15.22/hour 85% of Journeyman Firefighter rate Forty-Eight Months Firefighter II $16.11/hour 90% of Journeyman Firefighter rate Sixty Months Firefighter III $17.01/hour 95% of Journeyman Firefighter rate Seventy-Two Months Journeyman Firefighter $17.90/hour After Level Classification: Captain Start to Six Months Captain I Six Months Twelve Months (96% of Captain III) Captain II (98% of Captain III) Captain III 24.2 1994 Wage Schedule After Level Classification: Firefighter 40-HourWork Scl\edule $18.61/hour $19.00/hour $19.39/hour 40-HourWork Schedule Start to Six Months Recruit Firefighter $11.99/hour 65% of Journeyman Firefighter rate Six Months Recruit Firefighter I $12.91/hour 70% of Journeyman Firefighter rate Twelve Months Recruit Firefighter II $13.83/hour 75% of Journeyman Firefighter_rate Twenty-Four Months Recruit Firefighter III $14.75/hour 80% of Journeyman Firefighter rate Thirty-Six Months Firefighter I $15.67/hour 85% of Journeyman Firefighter rate 18 56-HourWork Schedule $ 8.30/hour $ 8.94/hour $ 9.58/hour $10.22/hour $10.85/hour $11.49/hour $12.13/hour $12.77/hour 56-HourWork Schedule $13.29/hour $13.56/hour $13.84/hour 56-Hour Work Schedule $ 8.55/hour $ 9.21/hour $ 9.86/hour $10.52/hour $11.18/hour Forty-Eight Months Sixty Months Seventy-Two Months Firefighter II $16.60/hour 90% of Journeyman Firefighter rate Firefighter III $17.52/hour 95% of Journeyman Firefighter rate Journeyman Firefighter $18.44/hour $11.84/hour $12,49/hour $13.15/hour After Level 40-HourWork Schedule 56-HourWork Schedule Classification: Captain Start to Six Months Captain I $19.17/hour $19.57/hour $19.97/hour $13.69/hour $13.97/hour $14.26/hour Six Months (96% of Captain III) Captain II Twelve Months (98% of Captain III) Captain III 24.3 Employees shall successfully complete professional qualifications in order to be advanced to the next highest pay level within their classification. 24.4 As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward the State Deferred Compensation Program for every $1 contributed by such employee toward the State Deferred Compensation Program. Such employer contribution will not exceed $300,for calendar year 1993 and $300 for calendar year 1994. 19 CITY COUNCIL LETTER Meeting of: October 25, 1993 AGENDA SECTION: Ordinances/Resolutions ORIGINATING DEPT.: CITY MANAGER NO: 6 License Department APPROVAL ITEM: Ordinance Amendment BY: Kathryn Pepin BY� NO: 1277 4,. G. DATE: Sept. 28, 1993 The first reading of Ordinance #1277 was held on October 11, 1993. This Ordinance proposes to eliminate Section 5.208( 4) from that section of the License Ordinance requiring gasoline stations to provide a bond to the City of Columbia Heights on a yearly basis in the sum of $10,000 to indemnify and save harmless the City from and against any claims, damage or expense against the City by reason of the maintenance and operation of a gasoline filling station on any portion of a public street, sidewalk or public way. Former City Manager, Robert Bocwinski, administratively eliminated this requirement a number of years ago due to the expense to the station owners to provide the bond. No other city requires this type of bonding requirement. RECOMMENDED MOTION: Move to waive the reading of the Ordinance, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Ordinance #1277, being an ordinance amending Ordinance No. 853, City Code of 1977, and pertaining to licensing of gasoline stations. COUNCIL ACTION: ;V) f ORDINANCE NO. 1277 BEING AN ORDINANCE AHENDINrs ORDINANCE NO. 853, CITY CODE OF 1977, ANO PERTAINING TO LICENSING OF GASOLINE STATIONS. The City Council of the City of Columbia Heights does ordain: Section�: Section 5.208(1-6) of Ordinance No. 853, City Code of 1977 which reads as follows, to wit: 5.208(1) No person shall engage In or conduct the business of operating a gasoline filling station without a license Issued pursuant to the provisions of this Chapter. 5.208(2) Applicants for a license under this section shall Indicate on the application the number of gasoline pumps to beinstalled on the premises. 5.208(3) The Clerk shall forward the application to the Chief of the fire Prevention Bureau for a report Indicating whether the proposed operation'will be in compliance with all provisions of the fire Prevention Code. 5.208(4) An applicant under this section shall furnish the Clerk with a bond in the sum of $10,000 to Indemnify and saveharmless the City from and against any claims, damage or expense against the City by reason of the maintenance and operation of a gasoline filling station on any portion of a public street, sidewalk or public way. 5.208(5) No licensee under this section or his agent or employee, shall fill or allow to be filled, the gasoline tank of any motor vehicle while the engine or motor of such vehicle is running or in motion, or while any person is smoking in or about the pump area of the gasoline filling station. 5.208(6) No licensee under this section, or his agent or employee, shall deceptively mislead customers by displaying false or incomplete price figures on signs that are designed to indicate the price of gasolilne. is herewith amended to read as follows, to-wit: 5.208(1) No person shall engage in or conduct the business of operating a gasoline filling station without a license Issued pursuant to the si•rovisions of this chapter. 5.208(2) Applicants for a llcense under this section shall Indicate on the application the number of gasoline pumps to·be installed on the premises. 5.208(3) The Clerk shall forward the application to the Chlef of the Fire Prevention Bureau for a report indicating whether the proposed operation will be In compliance with all provisions of the Fire Prevention _Code. 5.208(�) No licensee under this section or his agent or employee, shall fill or allow to be filled, the gasoline tank of any motor vehicle while the engine or motor of such vehicle is running or In motion, or while any person ts smoking In or about the pump area of the gasoline filling station. 5.208(5) No licensee under this section, or his agent or employee, shall deceptively mislead customers by displaying false or Incomplete price figures on signs that are designed to indicate the price of gasoline. Section 2: This ordinance shall be In full force and effect from and after thirty (30) days aft�r its:passage. First Reading: October 11, 1993 Second Reading: Date of passage: Offered by: Seconded by: Ro 11 Ca 11 : Donald J. Mur�yn, Jr., Mayor Jo-Anne Student, Secretary to City Council CITY OF COLUMBIA HEIGHTS MEETING OF: October 25, 1993 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MGR NO: 6 CITY MANAGER'S APPROVAL ITEM: CHARTER AMENDMENT -REFERENDUM & BY: B. STANLEY BY: NO: ,. H. REFERENDUM PETITIONS DA TE: 10/22/93 Based on direction by the City Charter Commission, the City Attorney drafted Ordinance No. 1280 pertaining to Chapter 5, Sections 35-46, regarding referendums and referendum petitions. Basically, the Charter amendment: •Clarifies that all types of ordinances, resolutions and all other action of the Council shall be subject to a referendum. •Replaces "electors" and "voters" with "registered voters". •Section 36: Increases. the expense to $300 from $100; and incorporates language which would allow citizens to have the City Attorney's Office review proposed ordinance, resolution, or action for technical correctness and continuity. •Section 39: Includes an explanation on the sample petition. Councilmember Nawrocki is a member of the Charter Commission and can provide additional explanation if you have any questions. The Charter Commission has held their required two readings on this Charter amendment. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1280; Being an Ordinance Amending Chapter 5, Sections 35 through 46 of the Charter of the City of Columbia Heights Pertaining to the Referendum and Referendum Petitions, for November 8, 1993. COUNCIL ACTION: ORDINANCE NO. 1280 ------ BEING AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 35 THROUGH 46 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE REFERENDUM AND REFERENDUM PETITIONS The City of Columbia Heights does ordain: Section 1: Chapter 5, Sections 35-46, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require measures passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed one hundred dollars for legal advice, copying, printing, and notaries' fees. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of the city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. INITIATIVE Section 38. INITIATION OF MEASURES. Any five electors may form themselves into a committee for the initiation of any measures of public concern. After formulating their measure they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed measure to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any measure shall consist of the measure, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least twenty per cent of the total number of votes cast at the last preceding regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing an ordinance [or resolution, as the case may be] to •• • [ stating the purpose of the measure] , a copy of whichordinance (or resolution] is hereto attached. This measure is sponsored by the following committee of electors: NAME 1. 2.-------------- 3. --------------4. -------------- ADDRESS The undersigned electors, understanding the terms and the nature of the measure hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME 1. --------------2. --------------3. -------------- ADDRESS At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Section 40. FILING OF PETITION AND ACTION THEREON. All the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall asc�rtain by examination the number of electors whose signatures are appended thereto, and whether this number is at least twenty percent of the total number of electors who cast their votes at the last preceding regular municipal election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and shall notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public h�arings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council shall fail to pass the proposed measure, or shall pass it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed measure shall be submitted by the council to vote of the electors at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. In case the council passes the proposed measure with amendments and at least fourfifths of the committee or petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the measure need not be submitted to the electors. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed measure shall state the substance thereof, and shall give the voter the opportunity to vote either "For the measure" or "Against the measure." If a majority of the electors voting on any such measure shall vote in favor thereof, it shall thereupon become an ordinance or resolution of the city as the case may be. Any number of proposed measures may be voted upon at the same election, but in case there shall be more than one, the voter shall be allowed to vote for or against each separately. Section. 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the electors under the constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified electors of the city equal in number to twenty per cent of the total vote at the last regular municipal election be filed with the city clerk requesting that any such measure, or any part thereof, be repealed or be submitted to a vote of the electors, the said measure shall thereby be prevented from going into operation. The council shall thereupon reconsider the said measure at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the measure as passed. In the latter case the council shall immediately order a special municipal election to be held thereon within not less that thirty nor more than forty-five days from the action of the council calling it. If a majority of the voters voting thereon are opposed to the measure, it shall not become effective; but if a majority of the voters voting thereon favor the measure, it shall go into effect immediately or on the date therein specified. Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of measures and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance (or resolution, as the case may be] to ••• (stating the purpose of the measure], a copy of which ordinance [or resolution] is hereto attached. This measure is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. is herewith amended to read as follows: CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require measures passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed three hundred dollars for legal advice, copying, printing, and notaries' fees. Any committee member. at their sole discretion and at no charge to said committee member. may utilize the services of the city attorney so as to assure that the proposed ordinance. resolution. or action is consistent as to form and structure with other similiar measures enacted by the city council. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as. soon as possible after the organization of the city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this c::harter. INITIATIVE Section 38. INITIATION OF MEASURES. Any five registered voters may form themselves into a committee for the initiation of any ordinance. resolution or council action of public concern. After formulating their ordinance, resolution. or action they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed ordinance 1 • resolution or action to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any ordinance, resolution, or action shall consist of the measure together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of registered voters equal to at least twenty per cent of the total number of votes cast at the last preceding regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing an ordinance [resolution, or action as the case may be) to ••• (stating the purpose of the measure], a copy of which ordinance [resolution or action) is hereto attached. This ordinance [resolution or action) is sponsored by the following committee of registered voters: NAME ADDRESS 1. _____________ _2. -------------- 3. _____________ _4. _____________ _ The undersigned registered voters, understanding the terms and the nature of the measure hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. NAME ADDRESS 1. _____________ _2. 3. _____________ _ At the end or the list or signatures shall be appended the affidavit of the circulator, mentioned above. Each affidavit shall be in substantially the following form: State of ) -----, ...County of ____ , being duly sworn deposes and says -,-:---,---,--,,---_,,,..,,,.......-�-�---,-,,....--..,,..,,,,._� that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. (Signature of Circulator) Subscribed and sworn to before me this ___ day of ___ 19 ___ • (Signature of Notary Public) Section 40. FILING OF PETITION AND ACTION THEREON. All the signature papers shall be held ir1 the off ice of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination the number of registered voters whose signatures are appended thereto, and whether this number is at least twenty percent of the total number of registered voters who cast their votes at the last preceding regular municipal election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and shall notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the ordinance, resolution or action to the electorate at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the ordinance. resolution or action and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such ordinance, resolution or action was submitted to the council by the city clerk. If the council shall fail to pass the proposed ordinance, resolution or action, or shall pass it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed measure shall be submitted by the council to vote of the electorate at the next election occurring not more than thr.ee months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. In case the council passes the proposed ordinance, resolution or action with amendments and at least four-fifths of the committee or petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council 1, then the measure need not be submitted to the electorate. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed ordinance, resolution or action shall state the substance thereof, and shall give the registered voter the opportunity to vote either "For the measure" or "Against the measure." If a majority of the registered voters voting on any such measure shall vote in favor thereof, it shall thereupon become an ordinance, resolution or action of the city as the case may be. Any number of proposed measures may be voted upon at the same election, but in case there shall be more than one, the registered voter shall be allowed to vote for or against each separately. Section. 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the electorate under the constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance. resolution or action of the council takes effect a petition signed by registered voters of the city equal in number to twenty per cent of the total vote at the last regular municipal election be filed with the city clerk requesting that any such measure, or any part thereof, be repealed or be submitted to a vote of the electorate, the said measure shall thereby be prevented from going into operation. The council shall thereupon reconsider the said ordinance, resolution. or action at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the measure as passed. In the latter case the council shall immediately order a special municipal election to be held thereon within not less that thirty nor more than forty-five days from the action of the council calling it. If a majority of the registered voters voting thereon are opposed to the measure, it shall not become effective; but if a majority of the voters voting thereon favor the measure, it shall go into effect immediately or on the date therein specified. Section 4 5. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of ordinances, resolutions and actions and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance [resolution or action. as the case may be] to .•• [stating the purpose of the measure], a copy of which ordinance [resolution or action] is hereto attached. This measure is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. Section 2: First Reading: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. -----------Second Reading: ----------Date of Passage: _________ _ Offered By: ___________ _ Seconded By: ------------Roll Call: ------------- Donald J. Murzyn Jr., Mayor Jo-Anne Student, Council Secretary CITY OF·COLUMBIAHEIGHTS Meeting of: October 25. 1993 AGENDA SECTION: OLD BUSINESS 8 ORIGINATING DEPT.: CITY MANAGER APPROVAL NO: CITY MANAGER'S ITEM: VIOLATION OF CABLE FRANCJilSE RE: MTS STEREO BY: L·. MAGEE 10/22/9NO: DATE: At its meeting of October 21, 1993, the Columbia Heights/Hilltop Cable Communications Commission reviewed Meredith Cable's request for a variance to the cable franchise to change the date for implementation of stereo sound on all channels capable of being transmitted in s_tereo from July 1, 1993 to A-pril 1, 1994 (see attached letter dated September 23, 1993). The commis_sion also reviewed the letter of October 5, 1993, from Kevin Griffin proposing various items in return for approval of their variance request and waiver of any fines. Specifically, he proposed installation of a video toaster unit and working with the police department in a videotaped child ID program. At the commission meeting, the cable company representative also oifered a television, VCR, and stand to be given to the city in return for the variance approval. In reviewing the variance request, the commission considered the following criteria: 1.The requested variance is a minor deviation from the Franchise and is consistent with the Fnnchise in the sole judgment of the City. 2.Application of the literal provisions of the Franchise will result in a hardship to the applicant and to grant a variance would not be detrimental to other affected parties. 3.Due to expense or delay it would be unreasonable to perfect such change by ordinance amendment. 4.Undue delay, expense or other adverse results will not occur by approval of the required variance. 5.If a variance is because of technical or cost reason, the variance will result in equal or better technical standards or cost efficiency. Per the franchise ordinance, before .recommending that a variance be approved, the commission must find that at least three of the five criteria outlined above are met, and that the variance will not result in a deviation from the requirements of the State of Minnesota, FCC, or any other rule of law. After lengthy discussion, the commission took the following action: Motion by Henke, seconded by Ruen that the Cable Communications Commission finds and recommends that the City Council grant the variance requested by Meredith Cable Company as it meets Criteria 1, 2, and 4 of Section ll.120(3)(c) of the Franchise Ordinance, and that the variance be granted contingent upon the acceptance of the terms agreed upon as follows: In return for granting the variance, Meredith Cable Company will provide a video toaster for the local cable access studio including training for two city staff members, a television, VCR, and stand will be given to the City of Columbia-Heights to use where they see fit, and Meredith Cable Company will provide video tape to parents in a child ID program to be held in conjunction with the Police Department. Continued COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: October 25, 1993 AGENDA SECTION: OLD BUS I NESS ORIG INA TING DEPT.: CITY MANAGER NO: 8 CITY MANAGER 1 S APPROVAL ITEM: VIOLATION OF CABLE BY: L.MAGEE BY: NO: FRANCHISE RE: MTS STEREO DATE: 10/22/93 Page 2 Attached is a written confirmation of the agreement of Meredith Cable Company, dated October 22, 1993, to provide certain items of community b�nefit in recognition of the C,omm_ission's support of the variance. RECOMMENDED MOTION: Move to cqncur with the finding of the Columbia Heights/Hilltop Cable CommissJon, and grant a variance to Meredith Cable Company to extend the· deadline for implementation of ste.reo sound on all channels capable of being transmitted in stereo to Aprill, 1994, contingent upon the following: In return for granting the :varianc�, Meredith Cable Company will provide a video toaste� for the l9eal cable access studio including training for two city staff members, a television, VCR, and stand will be given to the city of Columl?ia Heights to us·e where they se·e-fit, and Meredith Gable Company will provide video tape to parents in a child ID program to be held in conjunction with the Police Department . • COUNCIL ACTION: ·�MeredithI aifllwCable 934 Woodhill Drive Roseville. MN 55113 September 23, 1993 Ms. Linda Magee Assistant to the City Manager Columbia Heights City Hall 590 40th Street Columbia Heights, Minnesota 55421 Dear Linda: ffirn!il�OW�[ID SEP 23 1993 (Fax1612i483-918j MANAGER:ustomer Ser ·Jice: 612'483-9999 CITY Of COLUMBIA HErffiffSistrat,on: 612/483-3233 Meredith Cable respectfully requests a variance to the Columbia Heights/Hilltop Cable franchises to change the date for implementation of stereo sound on all channels capable of being transmitted in stereo from July 1, 1993 to April 1, 1994. This letter is being sent directly to your attention with a copy to the City Manager; as the request must ultimately be referred to you under the Cities' code, this may expedite consideration by the Commission. Please understand that Meredith Cable fully intends to honor our commitment to provide stereo sound on all channels that are capable of being delivered in stereo. As we acknowledged when it was first added to the Franchise, our plan is to continue to enhance the attractiveness of our service to our customers as stereo television sets become available to more and more people. Due to our fiber interconnection project between different franchise areas, which is currently undetway, it is our desire to utilize existing equipment that will no longer be necessary upon completion of the fiber project, to fulfill the stereo commitment in Columbia Heights/Hilltop. Unfortunate personnel changes caused our request and the stereo activation to be delayed. We sincerely apologize that this was not communicated to you earli�r. Currently, thirteen (13) channels are being delivered in stereo. An additional twenty-four (24)channels are capable of being carried in stereo. Twenty-eight (28) channels are notoffering stereo at this time. As you must have a stereo television set in order to pick up the stereo sound, this does not affect all subscnbers. Pursuant to Section 11.120 (2) of the franchises, we respectfully request a variance to the franchise based on the following criteria: 1.The request is a minor deviation from the Franchise. We are only requesting an extension of the date rather than forgiveness of the obligation. \ \ Ltr./Magee Page 2 September 23, 1993 2.Application of the literal provisions of the Franchise will result in a hardship to the appJicant and to grant a variance wou]d not be detrimental to other affected parties. As the Company anticipated utilizing existing equipment that wouJd become availab]e in the next few months, denial of this variance would require purchase of equipment at great expense to the Company and eventually to the subscnoers of Columbia Heights and Hilltop. In order to receive stereo sound, a subscnoer must have a stereo television. Currently many of the stereo services are not included on the Basic tier. Three of the thirteen channels now carried in stereo are premium services which not.every subscnoer purchases. Seven of the twenty-four additional services are also premium services. To receive maximum benefit, a subscriber would have to have both stereo sound and subscribe to all premium services. At such time as the remaining services begin to offer stereo, we will continue to add equipment to expand the service as well. 3.Due to expense or delay it would be unreasonable to perfect such change by ordinance amendment As we are only requesting a delay and not forgiveness of the obligation, there would be no need to handle the process by ordinance amendment, which can be an expensive and time-consuming process. 4.Undue delay, expense, or other adverse results will not occur by approval of the required variance. As we noted previously, this is a service that will not affect the majority of subscribers. By delaying implementation of this service until April 1, 1994, the subscriber incurs no additional expense, and the majority of subscribers will not be affected in any way. 5.If the variance is because of technical or cost reasons. the variance will result in equal or better technical standards or cost efficiency. As we anticipate utilizing the existing, relocated equipment, additional equipment would have to be secured forcing an unnecessary expense on both the Company and the subscnoer. The most cost-efficient manner is to utilize the existing equipment as it is made available. We recognize some may urge that enforcement proceedings continue. We are committed to work cooperatively and promptly with the Cable Commission and the City to process and support this variance request Procedural decorum and fairness are preserved by giving full consideration to this variance request before any enforcement action is taken. The ,,Purpose" of the City Code-mandated variance procedures is to establish: ,, ... a process that will enable the City and Grantee Oexioility in the administration and enforcement of this Franchise without the need for costly Ordinance amendments and delays." The City's variance procedure and related rights would be rendered meaningless if enforcement preempted consideration of our request · Ltr./Magee Page3 September 23, 1993 We apologize for the timing of this request and pledge to you our commitment to complete the implementation of this project in a most expeditious manner. Should you have any questions, please do not hesitate to contact me. �v P1 k:i�/4aJ Kathi Donn'Z��/ ..-,,/h Vice-President, Public Affairs cc: Kevin Griffin Pat Hentges -City Manager David Szurek -Commission Chair Tom Creighton Lee Sheehy Jim Shear -Mayor -Hilltop ., � �-atUM-UptDrCGlumbla........,....�143) r�cmmct: J. 8LAIHE ACCEIS :*I• ICTCA (PIS) '* • • WCCO (CBI) '*I• KITP (AIC) I• REGIONAL CHANNEL ':*I• KIIIP (IND) ':*11 • URE (NBC) *12-wras *11-WGN 11 • GOVEJIINIIENT ACClll 17 • ICTCI (PIS) ':*n • KLGT (IND) ··,*fl• IUTN (IND) �•PUBLIC ACCEIS SI • EDUCATIONAL ACCESS IZ•KABL D • UIIRARY ACCESS 14 • 811/IRAVO/ADC M•RELACCEIS 11 •HSN * 72 • EWTHIINSP nmm1m1CE: *O•UNMIION 1 •El *l•CNN *T•UPN *l•TNT *1l•UIA *1••PAIILY PJIOIW.pmg ** tO • IHOWTalE *_, • IHOWTIIIE I ** a• THE DIINEY CHANNEL *a-CMMAX** M•ttaO *G•HIOI * .,.CMLEPLUI., ** 11 • ARTI AND ENTUTAINIIINT * a• CMLI PUii a 1l•IIIC 11 • PRNE IPOATI * IO • AMERICAN MOVE CLAIIICI 11 •COURTTV 12 • COMEDY CENTRAL *l••LRTIME II • DISCOVERY H•CNIIC ff•c-lPAN 2.1 •c-lPAN II *'ID• CNN HEADUNE NEWS 11 • THE LEARNING CHANNEL *U • NICKELODEON Ur M•IITV ** U • COUNTRY MUIIC *II• NAIHVLLE *ff•VH-1 • •• wcco 'WEATH!R ••THE 'WEATNEII CHANNEL a-CMLEPWIPUVIEWI....... *17•11ET A•TnwelCMnnel •·NOITALGIA•·Pre¥• .n-ovc *•·CABUPWIO *IO• THE IIOVIE CHANNEL *Offers Stereo** Currently in Stereo*** Channel 49--day events only, not evening. •A MeredithI • lllfll�Cable 934 Woodhill Drive Roseville, MN 55113 Linda L. Magee �istant to the City Manager City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, :MN 5S421-3878 Dear Linda: C.C: rf)� or � &uncil 10 h /q:3 October S, 1993 Kevin C. Griffin President & General Manager (Fax} 612/483-9184 612/483-3233 rnm@�OW�[ID OCT 7 1993 r..t A\, :Lr:·::-""',.,,1-,: \. '� c.....n.Cl.Tl/ t�'= er:•: '�"''-'I" I 'C""HTS i I VI 1 ... Lu,·.:..1.1", nL.1\.1, I'd like to respond to your request for further information regarding stereo equipment as a result of our phone discussion today. You requested inf onnation on the cost to purchase and install MTS stereo equipment now as opposed to the time line indicated in our Variance Request. The cost for a dual BTSC Stereo Generator is $1,635. As we have identified 24 services to date that are capable of stereo, we would need to purchase 12 of the dual units at a total cost of $19,620, excluding freight, tax and labor. The cost to the company at the time of the completion of the fiber project currently underway would be zero. As I mentioned on the phone, the company would be interested in rmding a way that could resolve this possible dispute in a manner that is mutually beneficial to the City, our customers and the company. In good faith I would like to propose that in return for approval of our Variance Request a.nd the waiver of any rmes, the company will install a Toaster unit in the Columbia Heights control room and will work with the Columbia Heights police department to do a program on children's safety that would include the company taping children and providing parents a copy of the tape. In response to your letter 4ated September 30, 1993, please be advised that Meredith Cable inten� to comply with the MTS stereo service requirement£. Our pending V:ui:lnce Request outlines the timetable which we believe would be appropriate and reasonable in light of the substantial changes currently underway in our system and in our business. While it is premature to address these matters at this time given the pending Variance Request which we believe should be granted, please be aware that we have a right to cure any alleged non-compliance in the event the Variance is denied. Also, please be aware that we have been advised that retroactive imposition of rmes are inappropriate and illegal. Our right to cure would be meaningless if rmes were accrued prior to any notice of violation. If the Variance is denied, we believe we still have a reasonable period of time to add equipment which could provide MTS stereo service pending completion of our fiber rebuild. Taking this step would defeat the cost effective goal which we have outlined in support of our Variance Request. Nevertheless, Meredith Cable will consider abandoning this cost efficiency to avoid a dispute. Linda L. Magee Pa1e2 October S, 1993 I'd also like to let you know that the new studio cameras have been delivered and are in the process of bein& imtalled. Should you have any questions or require further information please feel free to &fve me a call. cc: Thomas Creighton Greggory Woods Kathi Donnelly-Cohen Lee Sheehy Kevin C. Gril'f"m OCT-22-1993 10:51 FROM MEREDITH CABLE ·�Meredith1 ,ilfll .. Cable 934 Woodhil! Drivc Roseville. MN 55113 October 22, 1993 Ms. Linda Magee City of Columbia Heights S90 40th Avenue NE ., Columbia Heights, Minnesota 55421 Dear Linda: TO 7822801 P.02 (Fax) 612/483-9i84 Customer Service: 6i2/483-9999 Administration: 612/483-3233 This letter is to co11firm the agreement of Meredith Cable to provide certain items of community benefit in recognition of the Commission's support of our variance relating to installation of stereo equipment I understand that this letter, along with the findings and recommendations of the Commission on Meredith's variance request, will be forwarded to the Columbia Heights City Council for approval on Monday, October 25. 1.Meredith Cable agrees to purchase and install a video toaster in the public access studio in Columbia Heights. In addition, we agree to provide training for two people on the use of that equipment. 2.Meredith Cable will work with the Columbia Heights Police Department on an identification program for children of Columbia Heights and Hilltop. As stated in Kevin Griffin's letter, a copy of the tape will be given to the parents. The tape will be suppJied by Meredith Cable at no charge. 3.Meredith Cable will donate a 25 inch Sharp TV set. VCR and cart. Distnbution of this TV and VCR is at the discretion of the City. We thank both the Commission and Council for their consideration of this matter. If you have any questions, please do not hesitate to contact me at 486-3521. I plan to be in attendance on Monday evening should the mayor or any member of the council have questions. .,�_U,_,, Kathi Donnelly-C Vice-President, Public Affairs cc: Kevin Griffin Tom Creighton Lee Sheehy TnTOI r;:> COi":> CITY OF COLUMBIA HEIGHTS MEETING OF: October 25, 1993 AGENDA SECTION: OLD BUSINESS NO: 8 ITEM: SEEK BIDS FOR ELEVATOR & UNISEX NO: RESTROOMS AT LIBRARY 8.B. ORIGINATING DEPARTMENT: CITY MANAGER'S BY: L.MAGE DATE: 10/25/93, CITY MGR APPROVAL BY: Attach·ed is a letter from Ga.ry Larson, Architect, Inc., outlining the preliminary cost estimates for the installation of an elevator and for toilet room modifications at the Columbia Heights Library to comply with the Americans with Disabilities Act. As you can see, the estimated cost of the project, including architectural fees, is $87,209. According to the HRA Director, Don Schneider, the 199'.2 CDBG Program has $57,124 remaining for handicapped accessibility improvements. The 1993 program includes $125,905 for handicapped accessibility improvements. The 1992 funds must be spe.nt or under contract by December 31, 1993. The 1993 funds became available on July 1, 1993. The handicapped accessibility imprav,ements at the library are one o-f many accessibility improvements proposed under the City's Evaluation of Employment Policies and Practices, Services., Programs, and Activities, and Buildings and Fac ilities to meet the requirements of the Americans with Disabilities Act and adopted by the Council on March 8, 1-993. Staff recommends authorizing the architect to proceed with preparation of bid specifications and the seeking of bids for the installation of an elevator and unisex restroom at the Columbia Heights Public Library. RECOMMENDED MOTION: Move to authorize Gary Larson, Architect, Inc. to proceed with the preparation of bid specifications and the seeking o,f bids for the installation of an elevator and unisex restroom at the Columbia Heights Public Library. l COUNCIL ACTION: GARY LARSON -ARCHITECT, INC. 4450 ARTHUR PLACE NE. IIINNEAPOI.IS, IIINN. 56421 (612)781-0113 FAX(112)111-0113 City of Columbia Heights 590 40th Av....e NE. Columbia Heights, Minnesota 55421 Attn: Linda L. M-,ee, Assistant City Manager Re: Pre I iminary cost estimates for ADA elevator ant toilet room modifications to Columbia Heights Library. This is tho preliminary desis,i ant cost information for work iniicated on the drawirvs-Prices were received from electrical, mechanical arm structural qineers and architecl These prices were also checked with previous elevator project., ant local contractors experienced in this work. General Construction: Mechanical Construction (HVAC, Plumbirv, & Fin Protection) Electrical Construction (Lightiro & Power)Total s" eonurpncy Total Architectural Fees (Arch,. Mech., Elec., StructuraJ) Total $62,980.00 $ 7,900.00 $ 3,700.00 $ 74,580.00 S 3.729.00 $78,309.00 $ 8,900.00 $ 87,209.00 The contingency amount can be� to a oomber that the city may feel is more appropriate. This estimate dose not Include IITf fees for special Inspections If required by the bulldirv official. If you have al1'f questions related to this preliminary desis,i or costs estimate please contact me. I wi 11 be at the City Counci I meet1111 on th• 26th to answer tllTf 41estlons related to the project. CITY OF COLUMBIA HEIGHTS MEETING OF: October 25. 1993 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MGR NO: 9 CITY MANAGER'S APPROVA L ITEM: REQUEST FOR WAIVER OF PERMIT FEE BY: P.HENTGES B�_.\NO: e;. A. TWIN CITIES HABITAT DATE: 10/22/93 Twin Cities Habitat for Humanity requested at Open Mike that the City of Columbia Heights waive the construction permit fee for the home they are planning to build on the lot located at 1002 Gould Avenue in Columbia Heights. As the City Council may recall, the HRA has donated the lot to Twin Cities Habitat for Humanity. In the past, it is my understanding that we have not waived construction fees for any non profit project. A review of the practices of other cities who have Habitat for Humanity reveal that the five cities who have Habitat for Humanity projects did not forgive the building permit fees; except one city reduced the rate by 50%. RECOMMENDED MOTION: Move to deny the request from Twin Cities Habitat for Humanity for a waiver of a construction permit fee for 1002 Gould A venue NE. ,,- COUNCIL ACTION: ?' if )·�·( Twin Cities Habitat for Humanity October 11, 1993 Mayor Donald J. Murzyn & Members of the Columbia Heights City Council 590 -40th Avenue NE Columbia Heights, MN 55421 �� 10/1ft/93 w ,3u,; /d '".9 ill 1.ur � a w m [ID OCT i� 1993 MAN/'IGERCITY OF COLUMBIA HEIGHTS RE: Request for Waiver of Construction Permit Fee for 1002 Gould Avenue Dear Mayor Murzyn and Members of the Columbia Heights City Council, I am writing to ask that the Columbia Heights City Council consider a request from Twin Cities Habitat for Humanity to waive the Construction Permit Fee for the home that we are planning to build on the lot located at 1002 Gould A venue, in Columbia Heights. Twin Cities Habitat for Humanity is a non-profit, tax.-exempt organization, holding a 50l{cX3) classification with the Internal Revenue Service. The home that Twin Cities Habitat for Humanity will build at 1002 Gould will be a single-family home which, when completed, will be sold to a family whose income will be no greater than 50% of the state median income for families their size. Volunteers and donors will contribute their time and resources to the construction of this home -which, according to the requirements of the deed, will be completed by the end of September, 1994 (and we fully expect it will be done a great deal sooner than that). It is in the spirit of the many contributions that will be provided to this project -contributions which will make it possible for Habitat to sell the home on affordable terms to the selected family -that we ask the City of Columbia Heights to waive the construction permit fee for the home. If the City Council or the Mayor's Office should have any questions or need any additional information pertaining to this request, please don't hesitate to call me directly at 332-3372. Thank you so much for the support you have provided to our efforts thus far. We look forward to a long and fruitful partnership with you and the City, and we thank you for your consideration of this request. Best regards, #)J2 Stephen Seidel Executive Director enclosure P.O. Box 7557 • Minneapolis, MN 55407-0557 • 612-332-3372 (Office) • 612-332-0640 (Fax) r; Internal Revenue Service · District Director Date: MAY 2 1 JS87 TWIN CITIES HA�ITAT FOR HUMANITY INC PO BOX 7053 MlNNEA�OLIS, MN 55407 �{_,/)�· Department of the I reasury Employer Identification Number: :Jt:,--.3J?3/ J/ Can -:3t, 7'i;?'l_t)/, if'() .. /. Peraon � eontar:t¢'v. A,,,,��..,-"'71/ulu · Contact Teleph� Number. {5/� � -/�/4f o..r ... _.,.,.., ·j:1f 3'11/'Ys- c.v .. t Appllea: j//1} !his moditi�s our letter or the above date in which we stated that you would betreated as an organization that is not a private toundation until the expiration ct your advance ruling period. Based on the information you submitted, we have determined that you are not a private roundation within the meaning or section 509(a) or the In :heJ.�al Revenue Code because you are an organization or the type described in section 171-(./;.,X.))(Jf){Jl/};:t. Your exemptstatus under Code section 50l(c) (3) is still in ettect. Granters end contributors may rely on this determination until--the Internal Revenue Service publishes notice to the contrary. Hoi�ver, 1! you lose your section status, a granter or contributor may not rely on this determination it he or she was in part responsible tor, or was aware or, the act or tailure to act that resulted in your loss ct such status, or acquired knowledge that the Internal Revenue Service had given notice that you would be removed rrom classification as a section organization. I.r the heading or this letter indicates that a caveat applies, the caveat below or on.the enclosure is an integral .part or this letter. Because this letter could help resolve any questions about your private toundation status, please keep it in your permanent records. Ir you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, \· �t:� * �!fd fl !{;l)(i). District Director, Chicago District JI Letter 1050(DO) (Rev. 3-86) ', CITY COUNCll. I.ETIER Meeting of: 10125/93 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT:CllY MANAGER NO. 9 PUBLIC WORKS �BY:�� ITEM: JOINT POWERS AGREEMENT -LINE/REPLACE BY: M. Winson NO. STORM SEWER OUTFALL EXTENDING FROM DATE: 10/18/93 DATE: ARGONNE DR. TO TERTIARY POND -PROJECT 9123 q_ /!,. New Brighton contnbutes 14% of the stonnwater to this pipe. The City of New Brighton agreed to pay their share of the engineering and construction costs to replace the pipe in December, 1992. The actual Joint Powers Agreement was presented to the City Council for comments in the City Manager's Report on February 8, 1993. Staff did not forward the Joint Powers Agreement to New Brighton at that time because of discussions underway with the property owners at 717 Stinson Blvd. (New Brighton). These property owners would not grant a construction easement for pipe replacemenL The owners requested the existing pipe be lined. The Engineering Department was concerned that the cost of lining the pipe would be significantly higher than replacing the pipe. (A construction cost more than $38,500 would have made the Joint Powers Agreement invalid.) When the low bid of $35,984.00 to line/replace the pipe was less than th.e maximum amount allowed in the Joint Powers Agreement, the agreement was forwarded to and executed by New Brighton. RECOMMENDED MOTION: Move to approve the Joint Powers Agreement with the City of New Brighton to line/replace the stonn sewer outfall extending from Argonne Dr. to Tertiary Pond. MAW:jb 93-674 COUNCll. ACTION:t. ·:·1 . -':: ·�:: ,· 1> JOINT POWERS AGREEMENT FOR LINING/REPLACING STORM SEWER OUTFALL EXTENDING FROM ARGONNE DR. TO TERTIARY POND This Agreement made and entered into this _ day of ___ 1993, by and between the City of New Brighton, Minnesota. a municipal corporation, hereinafter referred t0 as "New Brighton" and the City of Columbia Heights, Minnesota. a municipal corporation, hereinafter referred to as "Columbia Heights". WITNESSETH: WHEREAS, the parties to this agreement desire to line/replace the storm sewer outfall extending from Argonne Dr. to the Tertimy Pond, and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared dependent on the drainage area contributing tO the outfall and, WHEREAS, said work will be canied out in accordance with the provisions of Minnesota Statute 471.59. NOW, THEREFORE, IT IS AGREED by and between the parties: The Cities have joined together for the purpose of lining/replacing said storm sewer outfall (see above), Columbia Heights shall provide all engineering services and shall c� the construction of . Columbia Heights Project #9123 in conformance with said specifications. The letting of bids and the acceptance of all bid proposals shall be done by Columbia Heights. Columbia Heights shall provide New Bright0 n the opportunity to reject the bids ii·the lowest responsible quaUficd bid is more than 10% above the estimated consttuction cost, Le. ($35,000.00). The "contract costs of the work" is the amount of the contract awarded to the lo� resp onsible bidder, if any. If the work is not contracted, the costs of all labor, rnatcrials, and equipment rental (all supplied by Columbia Heights) required to complete the work, shall constitute the "actual construction costs" and shall be so referred to hc:rcµi. 1'Estimatcd costs" are good faith projections, by Columbia Heights, of the costs which will be incurred for this project The estimated construction cost for the project is $35,000. New Brighton shall pay 14% of the contract costs" or the "actUal construction cost", whichever is appropriate • .. :· •·.· -�;-:... ... •·· Joint Powers Agreement with New Brighton Page 2 In addition to the conttact costs or acrual construction cost. New Brighton shall pay Columbia Heights 14% of the actual costs for engineering services provided, however, that said amount shall not exceed $490.00. New Brighton's total (construction plus engineering) estimated cost for the project is $5,390.00. Upon final acceptance · and approval of the storm sewer lining/replacement by Columbia Heights, New Brighton shall pay Columbia Heights according to this contract notwithstanding the estimates herein. New Bright0n and Columbia Heights mutually agree to indemnify and hold hannless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either pany under this Agreement. It is understood and agreed that the entire agreement of the parties is conwned herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. APPROVED AS TO FORM: City Attomcy CTI'Y OF NEW BRIGHTON � ��wm City .... .•:· Joint Powers Agreement with New Brighton Page 3 ClTY OF COLUMBIA HEIGHl'S Mayor .cy City Manager CITY COUNCIL LEITER Meeting of: 10/25/93 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS Q"-\, BY: M. Winson l{.f>J ITEM: AUTHORIZATION TO ACCEPT BY: v-- NO. COMMUNITY TREE PLANTING GRANT DA TE: 10/18/93 DATE: CJ. (J.. The City has applied for, and been awarded, a $5,000 Community Tree Planting Grant under the Natural Resources Development Program through the DNR. It is intended that the grant be used to either offset part of the cost for replacement of removed diseased elm on City property or to supplement the Tree Replacement Program. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to accept the Community Tree Planting Grant and that the proceeds from the grant be deposited in Fund 101-00-34408 for use in defraying the costs of diseased tree replacement. MAW:jb 93-671 COUNCIL ACTION: TO: FROM: SUBJECT: DATE: CITY OF COLUMBIA HEIGHTS MAYOR AND CITY COUNCIL MEMBERS PAT HENTGES, CITY MANAGER MANAGER'S REPORT OCTOBER 25, 1993 1)SOLID WASTE REPORT-- /0, fl. Attached is the solid waste report for September, 1993. If you have any questions on this report, please call Val Gifford at 782-2813. 2)CANVASSING ELECTION RESULTS-- If you have not already done so, please mark 6:30 PM, Wednesday, November 3rd, to canvass the election results. 3)CITY CHRISTMAS PARTY If you haven't marked your calendars already, do so for Saturday, December 11, 1993, Murzyn Hall. Social hour begins at 5:30 PM with dinner being served at 6:30 PM. This serves as a good time to thank City staff for their fine work performed throughout the year. Board and Commission members will again be invited. As always, an enjoyable time is planned. 4)SOO LINE TRACKAGE REMOVAL-- Attached please find an order made by the Minnesota Transportation Regulation Board concerning removal of the Soo Line trackage near Fifth Street and 37th A venue NE. Because of the lateness in the season, the actual at-grade crossings along 37th and Fifth Street will not be removed until Spring. The City forces will do the track removal and road repairs as committed to in our original proposal to the railroad. Apparently, the trackage along Huset Park was not approved for removal. City staff is still gathering further information concerning reasoning for leaving that track in tact and will continue to pursue its removal. 5)JACKSON POND STORM DRAINAGE REPAIRS-- Councilmembers have questioned the condition of the pipe removed from the east inlet on Jackson Pond. Three sections of pipe were removed. The tail piece had dropped off into the pond and was deteriorated. The next section of pipe was in good condition, however, the third section had deteriorated; thus, requiring removal of all three pieces. Please note that the rubble located along the street is broken up limestone that will be used as rip-rap for the project. 6)SEWER SERVICE PROBLEM-- Be advised that George Haluska may appear at Open Mike to request that the City Council assist a neighbor of his who has experienced a failure in the sewer service line for a home that they recently purchased. MANAGER'S REPORT Page 2 October 22, 1993 Because of the high elevation of the lot, the repairs are expected to cost $5,000. City staff has indicated that the property owner may be eligible for the HRA single-family rehab grant program or a low interest loan to undertake this improvement and other possible improvements on their property; or, the City does have the "petition and waiver process" that could allow special assessment financing of water/sewer service repairs. Mr. Haluska did indicate that former Mayor Carlson said that the City set up the Water/Sewer Infrastructure Funds to pay for the actual costs of repairing or replacing private sewer lines and such other utility-related costs. 7)SHEFFIELD MEETING-- Be advised that October 28, 1993, 7:00 PM, bas been scheduled as a work session for the City Council to review the status of the Sheffield development proposal. The HRA Commissioners have been invited to attend that meeting also. If there is additional time, Executive Director Schneider requests that the HRA and City Council also review the goals and the staffing for the HRA Office. City staff will distribute on Tuesday evening a packet of information from Affordable Suburban Housing and a City staff report on the financing and development of plans for the project. This should represent all of the informational items as required in the exclusive negotiating agreement. As a point of information, City staff will be meeting again with the lending institution at 1:30 PM on October 28, 1993, to discuss short-term financing for the project and their participation in end-loan mortgage financing under their in-house CRA programs. 8)POST OFFICE PARKING-- Be advised that letters regarding the Post Office parking have been sent to Senator Wellstone and Congressman Gram requesting their assistance and mediation in the dispute. I have had a follow -up phone call from Connie Lewis of Senator Wellstone's Office. Basically, she indicated that it would be unlikely for the Post Office to participate in any cost sharing of road improvements and that she would research further the Post Office's opinion on their exemption from the road restrictions. I did indicate that the Post Office could make on-site improvements to redirect their traffic, however, that would require cost appropriation on the part of the Post Office. I also indicated that the City would not likely participate on the cost of undertaking those on-site improvements. Ms. Lewis indicated that Senator Wellstone's Office would follow up in writing regarding what they have discovered on the issue. 9)CHARTER COMMISSION DEBT INSURANCE PROPOSAL--• City staff presented the attached revision to the City Charter concerning the issuance of bonds. Basically, the provision calls for the passage of a resolution and a thirty-day publication period allowing for referendum reversal. After the thirty days is. complete, the City Manager can establish a meeting during the next sixty-day period to issue the bonds. I have suggested a sixty-day window, thereby taking advantage of the ability to obtain optimum interest rates. The timing for the window very well could be reduced to thirty days and the actual issuance could be done by ordinance versus resolution. The ordinance provides for one additional hoop or meeting, because it requires a second reading. I surmise that the effective date of the ordinance, however, would delay the start of the thirty-day period by at least two weeks. The only other provision that perhaps could be added to the charter proposal is a clear indication as to the City's ability to take either competitive bids on the bonds or the negotiated placement of the bonds. The Charter Commission will be reviewing this ordinance at their next meeting as a quorum was not present this past Thursday, October 2� 1993. MANAGER'S REPORT Page 3 October 22, 1993 10)JUDICARE LAWSUIT-- Be advised that the City Attorney participated in a telephone conference on October 15, 1993, with Federal Judge Rosenbaum and Judicare regarding the Jacobs et al. lawsuit against the City of Columbia Heights for enforcement of our housing code. The parties agreed that the City of Columbia Heights will not be criminally charging any tenants in regards to the housing maintenance code until such time as this matter is heard in Federal Court; and, the matter shall be resolved in the interim and/or in the alternative set down for hearing in Federal District Court on November 15, 1993. I will keep the Council apprised of any new developments or negotiations to this matter. 11)MTC BUS STOP, 44TH/CENTRAL-- Please note that the bus stop bas been installed at the intersection of 44th/Central A venue on the former 7 -11 property. 12)CABLE BROADCASTING OF CITY COUNCIL AGENDA/MEETING RESULTS-- Be advised that we have been running the City Council agenda and the meeting results on Channel 16 prior to and after the City Council meetings. We have been receiving a number of good comments concerning this programming addition. 13)NORTH METRO MAYORS ASSOCIATION MEETINGS-- Be advised that North Metro Mayors Association has tentatively scheduled a legislative planning session for Wednesday, November 17, 1993, and a Board of Directors meeting on either Wednesday, December 1st, or December 8th (both these dates conflict with the City's budget hearings). As the final details of these meetings become available, l will forward this information to the City Council. I suggest that the City has representation at the meetings as they both will be important in terms of setting the legislative agenda for the 1994 session. 14)BROOKLYN PARK DISCU�ION-- The City staff is attempting to arrange a meeting with Brooklyn Park officials and another meeting with other city officials in Anoka County to discuss ongoing rental housing, policing issues and programs dealing with problem housing areas in our cities. In the case of Brooklyn Park, they have achieved some success dealing with their housing problem and essentially we: are interested in trading information concerning each other's efforts. I will keep the City Council apprised of any information obtained from our meetings. PH:bj 93/119 Attachments CITY OP COLUMBIA HEIGHTS TO: PATRICK HENTGES, CITY MANAGER FROM: VALORIE GIFFORD, SPECIAL PROJECTS COORDINATOR OCTOBER 18, 1993 DATE: SUBJECT: SOLID WASTE REPORT -SEPTEMBER 1993 1) Tonnages for September 1993 (parentheses indicate figures for 1992) Curbside Multi-Unit and Recycling Center Tonnage Curbside . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.36 Multi-Units .......•...................•......... 5.91 Other commingled accounts (LaBelles) ................ 2.19 Recycling Center: Scrap Iron . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.02 Corrugated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.56 Other ..................................... 5.58 Yard Waste Curbside Other Materials Abated 57.2 2 Appliances ...............................•. 15 1 units Oil ..................................... 2.40 City Hall Commingled Recyclables .....................• 42 Tires ..................................... 2.2 5 Mu:ed Munici pal Solid Waste Collected Curbside . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 540.40 Multi-Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.47 Municipal Service Garage ........................... 7. 76 Participation Rate Recycling Program Per above Statistics . . . . • . • . • • • • • . . 47.8% VG:sh tons tons tons tons tons tons tons 10 .19 tons tons tons tons tons tons tons (1 19� ( 6.7 4) ( 7.40) ( .6 4) ( 2.57) ( 61.69) ( 14Jl)) ( .50) (5 7i51) (117.33) ( 15.23) (� ' -BEFORE THE MINNESOTA TRANSPORTATION REGULATION BOARD Richard Helgeson Lyle G. Mehrkens Lorraine E. Mayasich IN THE MATTER OP THE APPLICATION OF: Chairman Board Member Board Member Soo Line Railroad Co., Soo Line Bldg., Box 530, Minneapolis, MN 55440, for Authority to Retire & Remove 4,973.6 feet of Spur and Industrial Trackage at Columbia Heights, Minnesota. PILE #s: D-5830 / R-4319 PETITION FILED: August 30, 1993 ORDER ISSUED: OCT 13 1AQ3 ORDER AFTER NOTICE OF APPLICATION & OPPORTUNITY FOR HEARING IT APPEARING that by application filed with the Transportation Regulation Board (Board} on August 30, 1993, the Soo Line Railroad Co., (Applicant) requests authority to retire & remove 4,973.6 feet of spur and industrial trackage, comprised of six tracks located between Engineering Stations 18 + 94.5 and 36 + 42 at University Ave. N.E. and Fifth st. N.E. at Colwnbia Heights, Minnesota, as shown in yellow on revised study print, Exhibit A, dated September 16, 1993, attached to the application; and IT FURTHER APPEARING, that Applicant states the following: 1) Soo Line has operated certain trackage at Columbia Heights, MN, commonly referred to as the "Columbia Heights spur" as a spur track serving several industries over the years. 2) During the past several years, no industries have shipped or received traffic over the spur and industrial trackage to be abandoned. 3) The trackage to be retired and removed is trackage which formerly served several industries which have relocated their facilities or discontinued their operations and no longer use rail service at this location. 4) The trackage to be retired and removed consists of six spur tracks and connecting industry tracks, totaling approximately 4, 973.6 feet of trackage. 5) The trackage to be retired and removed is protected by reflectorized crossbucks. 6) These crossings are at-grade and are not rubberized, being of bituminous and timber materials and are located at 37th Ave. N.E. (DOT #688968G} at 5th st. N.E. (DOT #688975S and 694470Y, and at 5th St. & 39th Ave. N.E. (DOT #688969N and #688970H). All of tracks denoted in yellow on Exhibit A will be removed. Two tracks will be retained, Track No. 9 and the lead track, to enable continued service to Grief Container Corp. and the T. c. American property. Unnecessary crossbucks will be removed and the roadways restored where crossings are removed. 7) Soo Line will benefit from the retirement of this trackage by avoiding the costs associated with maintaining the trackage. 8) The City of Columbia Heights, through its Housing and Redevelopment Authority, owns a portion of the underlying real -estate and has requested expedited removal of our trackage. The City will benefit from the abandonment by enabling use of the property for development for other public purposes which they plan to commence immediately upon abandonment; and IT FURTHER APPEARING, that on September 3, l.993, the Transportation Regulation Board issued a Notice of Opportunity for Hearing to all known potential parties of interest pursuant to Minn. Stat. S,219.741., and also published said notice in its weekly Calendar of notices whifh stated that anyperson may file a written objection to the proposed action by means of a letter addressed to the Board not later than October 4, 1993; and 1 \J , ·., .IT FURTHER APPEARING, that the protest date enwneratE�d above has expiredand no comments or objections were filed; and IT FURTHER APPEARING, based upon the infor mation contained in the application, supporting documents and file, the Board concludes that the standards set forth in Minn. Stat. § § 219. 681 and 219. 741 have been met, and that the application should be granted. IT IS THEREFORE ORDERED: ORDER That the application of Soo Line Railroad Co. requesting authority to retire & remove 4,973.6 feet of spur and industricLl trackage, comprised of six tracks located betwe,�n Engineering stations 18 + 94. 5 and 36 + 42 at University Ave. N.E. and Fifth st. N.E. at Colwnbia Heights, Minnesota, as shown in yellow on revised study print, Exhibit A, dated September-16, 1993, attached to the application, is hereby granted, effective on the servi9e date of this Order; and IT IS FURTHER ORDERED that petitioner shall, within 1so,days from the service date of this Order, comply with the following: 1.Remove the subject track. 2.Remove crossbucks or signals from the crossing, if applicable. 3.Restore the crossing surface to a condition satisfactory to theappropriate road authority, if applicable. service Date: (SEAL) RH:TSP:ch OCT 13 1993 BY ORDER OF THE BOARD Richard Helgeson Chair 2 ORDINANCE NO. BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 72 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE BONDED DEBT AND DEBT LIMIT The City of Columbia Heights does ordain: Section 1: Chapter 7, Section 72, of the Charter of the city of Columbia Heights which currently reads as follows, to wit: Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other public convenience from which a revenue is or may be derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of a hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles of the corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be authorized by the laws of the State of Minnesota; the right of the city to issue bonds under the authority of any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as part of such bonded indebtedness, if [l] held in a sinking fund maintained by the city, [2] issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience, from which revenue is or may be derived, owned and operated by the ci t:y, or the acqaisition of prop�:rrty needed �n connection therewitil; or for the construction of sewers, public drainage ditches, or the acquisition of la,nds, or for improvements of streets, parks, or other public improvements, to the extent that they are payable fr.om the proceeds oz assessments levied upon property specially benefitted by such ditches or improvements, or (3] for the purpose of anticipating the c9llection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. Before any bonds are sold, at least one week's published notice sha-11 be given of a meeting of the city ceuncil to 0pen and consider bids therefore. The time and place of said meeting shall be fixed and the newspaper in which the notice shall be published shall be designated by a resolution duly passed, which may provide for additional notice. At the time and p.lace so fixed, the bids shall be opened and the offer complying with the terms of,such sale and deemed most favorable shall be accepted; PROVrDED, that the council may reject any and all such offers and award said bonds to a more favorable bidder or upon like notice, it may invite ether bids. Bids may be asked on tbe basis of a rate of inte_r�st specified in the proposals and OI'.1 the net interest basis on which the bidder will pay par for the same. is herewith amended to read, Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase ar construction e.f public waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for. their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street rc;,.ilways, telegraph or telephone lines, or any other public convenience from which a revenue is or may be derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other 111eans of garbage disposal; for the establishment and maintenance of � hospitals, schools i libraries, museums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; £or changing, cootrolling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles of the corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedne-ss; and for all purposes which may be authorized by t;he laws of the State of Minnesota; the right o.f the city to issue bonds under the authority of any law heretofore and this section of the city's charter shall not be shall be approved by a resolution passed by a fou r-fifths vote of the council. Section 2: Chapter 7, Section 72b, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 72b. BONDED DEBT AND DEBT LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four-fifths vote of ithe council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for all improvements of a lasting character. The total bonded debt of th� city shall never exceed ten percent of the assessed valuation of all tbe taxable property in the city, but in computing the total bonded debt, emergency debt certificates., and bonds issued prior to the r1doption of the charter and either held in a sinking fund or issued for the purch�se, construction, maintenance, extension, enlargement, or improvement or water, heating plants or either, or any other public convenience from whieh a revenue is or may be d·erived, owned and operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. is herewith amended to read, Section 72b. BONDED DEBT AND DEBT LIMIT. No bond shall ever be issued to pay current ·e�enses or to refund certificates of indebtedness issued to provide for temperary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four-fifths vote of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten percent of the assessed valuation of all the taxable property in the city, but in co�puting the total bonded debt, emergency debt cert;if ica tes, and bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension enlargement, or improvement or water, heating plants or either, o; any other public convenience from.which a.revenue is ormay be derived, owned and operated by such city or village,-or the acquisition of property needed in connection therewith, or for the construed to limit the passed and adopted by the state of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the tax�ble property therein, including monies and credits, but in. compu,ting the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as part of such bonded indebtedness, if [1] held in a sinking fund maintained �y the city, [2] issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, C>r either of them, or any other public convenience, from which revenue is or may be derived, owned and operated by the city, or the acquisition of property needed in connection therewith; or for the construction of s_ewers, public drainage ditches, or the acquisition of lands, or for improvements of streets, parks, or 1:>ther public �provements, to the extent that they are payable from the proceeds of assessments levied upon property sp-ecially benefitted by such ditche s or improvements, or ( 3] for the pur.pose of anticipating the collection of general taxes for the year in which issued. In no case shali bonds be issued to run for more tha.n thirty years. The purpose for which bonds are issued shall ·be set forth in the erElinanee resolution authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. Before any bends are sold, at least ene we�t' s pueliseea. notice seall e-e given of a-:meeting of "tfte Qity eo\:U\eil. to open a:ad consider bids teerefore. �ee time and plaee of said :meeting sftall be fiHed and the newspaper in r .... i\iee tae 11etiee seall ee pueliSfted sealJ. be desigAated ey -a resel1:1tie11 tialy passed, Wftice may previde for aaaitie.nal netiee. At the �i:me and plaee ee f:iHed, t.ae bias seall be opened ana tee offer eemplying wit.a tee terms of e1:1ea sale ana deemed most fa"+�eraele shall be aeeepted, PROVIDED, tflat tfl·e eeaneil may reject any anti all eaee offers aftti award said eonds ta a more f a:r.icerable bidder er apen lilte 11etiee, it may in:r.rite e:t-eer eids. Bids may ee as1teEI en t!te easis of a rate of interest specified in tee proposals and en tee net, inter-est easis en we ice tee bidder will pay par fer tee same, Before any bonds are sold. there shall be a four-fifths vote of the counc il authorizing the issuance of the bonds by resolution. Following its passage. the resolution shall be published at least once by p ublication in a legal newspaper having general circulation in the ciey. The registered voters of the city shall have thirty days from the d ate of publication to in i tiate. a referen dum on the resolution authorizing the issuance. Subseguent to the passage· of the authorizi ng resolution. its publication. and the thirty-day per iod. the bond sale sha ll occur within sixty days·, Puring sai d sixty day period. the City Manager shall have the authority to establish a special meeting upon a t least seventy-two (72) hours advance n otice to each member of the council, At that special meeting. th e City Manager is authorized to rece ive the actual bid(s) o r sale of th e bonds to be negotiated. The actual award or sale of the bonds � improvement of streets, parks or other public improvements, to the extent that they are paya-ble from the J;!.roceeds of assessments levied upen property especially benefitted thereby, and obligations issued for the improvements which are paya.ble, wholly or partly, from the collections of special assessments levied on property benef i tted thereby, or for thet· creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no cai;e will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the erdinanee resolution authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. Section 3: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: -----------Second Reading: ----------... 0 ate of Passage: ---------- Offered By: ___________ _ Seconded By: ___________ -' Roll Call: ------------- Donald J. Murzyn Jr., Mayor Jo-Anne Student, Council Secretary October 15, 1993 GreggoryJ. Woods COLUMBIA HEIGHTS CITY ATTORNEY 941 Hill wind Rd. N .E. Minneapolis, :MN 55432 (612)572-3471 (612)571-2418 (Fax) Ms. Shelley Jensen Judicare of Anoka County 1201 89th Avenue N.E., Suite 310 Blaine, MN 55434 RE: Clarice Jacobs, et al. vs. City of Columbia Heights, et al. Court File No.: Civ. 4-93-767 Dear Ms. Jensen, This is to confirm our telephone conference of October 15, 1993, with Judge Rosenbaum. It is my understanding that our agreement is as follows: a)The city of Columbia Heights will not be criminallycharging any tenants, in regards to the HousingMaintenance Code until such time as this matter isheard in Federal District Court; and b)The matter shall be resolved, or in the alternative, setdown for hearing in Federal District court on November15, 1993. By copy of this letter, the City Manager and all city employees are being informed of this agreement and will be instructed to abide by same. If you have any questions, please contact me. Paul A. Thomps Attorney at Law PAT:lab cc: Judge James M. Rosenbaum Pat Hentges, City Manager i;) !' , ' ·, r, ·'i: , L., __ l?(T-)Rn�!"Jsf"nl, ::i . ,., , .� u· r 1 ,J n� 1....:,· � � t !1 OCT 18 t993 � ·• /' '' 'A ,...·c-R1·-1!r·"··\ u:..:., '. , L::.. ,., ... v o·-c··· · ,.,,.r, L",l"HTs Li I , , ULU:'l:1..·/1"1 ric u, "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER TO CITY COUNCIL OCTOBER 25, 1993· *Signed Waiver Form Accompanied Application APPROVED BY BUILDING INSP. II II PUBLIC WORKS DIR. FIRE DEPT. FI RE, BLDG. I NSP. , SAFETY & HEALTH ANOKA COUNTY HEALTH CONTRACTORS *Hagman Construction*Inter-State Builders TREE SERVICES *The Tree Service MULTIPLE DWELLINGS Richard D. Caron RESTAURANT Elite, Ltd. d/b/a Bagel De 1 i 1993 LICENSE AGENDA LICENSED AT 5353 Gamble Drive 20100 Furuby Road 4201 -83rd Ave. N. 1020 N.E. 40th Avenue 5098 Central Avenue **CONTINGENT APPROVAL OF ANOKA COUNTY HEALTH DEPT. • I/. FEES $ 40.00 40.00 40.00 20.00 so. oo , BRC FINANCIAL SYSTEM 10/21/93 16:56:29 FUND RECAP: FUND DESCRIPTION l.0:1.�� l. �� ;:��=� �_:. GENERAL STATE AID MAINTENANCE CABLE TELEVISION LIBRARY DARE PROJECT 2� 270 376 403 405 415 601 602 603 609 701 881 003 884 885 887 TAX INCREMENT BONDS SURFACE WATER MANAGEMENT DOWNTOWN MAINTENANa� CAPITAL IMPROVEMENT -PIR WAlER UTILITY SEWER UTILITY REFUSE FUND LIQUOR CENTRAL GARAGE CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSURANCE ESCROW FLEX BENEFIT TRUST FUND TOT,�I... AI...L FUNDS BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS � Check Histc:wy DISBURSEMENTS 41,391.25 1,222.06 1,346.10 123.50 186.17 1,003.75 911.35 1,309.64 17,316.17 65,029.46 56,778.04 107,262.72 122,510.73 2,141.31 3,289.37 1,049.00 1,205.20 188,477.61 2,656.80 615, ��10. �:!�:> DI SBURSEt'IE�-ITS 6l ::_\, :;:�10. z::-; 6:1. 5, ��10. �:'.3 BRC FINANCIAL SYSTEM 10/21/')3 16: �. . Check History 10/25/93 COUNCIL LIST Bt-,t-�K VENDOl=i: BANK CHECKING ACCOUNT APACHE NEW MARKET BATCHA/LEO BELLBOY CORPORATION BITUMINOUS ROADWAYS INCcr-,SEY /t'IARKCCJMPUTEF.: cm�P FOREST LAKE HOOP CLUB GOV'T TRAINING SERVICE GRIGGS-COOPER & CO HENTGl::�S/PATR IC I< JOHNSON BROS. LIQUOR CO. KENNEDY BASKETBALL BOOST l<Ol<ESH KUETHER DIST. CO. LEEF BROS. MAWHORTER/DAVID P MIDWEST FOOD & BEVERAGE MINN DEPT.OF REVENUE MN INSTITUTE CW LEGAL ED MN REa=i:EATION & PARK ASS M S P PEPS I ····COLA··-7 UP PETTY CASH -GARY BRAATE PETTY CASH -KAREN MOELL PETTY CASH-JANICE MCGHE PHILLIPS & SONS CO/ED QUALITY WINE & SPIRITS RECYCLING ASSOCIATION OF RICHFIELD BASKETBALL BOO i:::cn-::EHGE/F'AUL E S & S GARMENT LETTERING SENIOR FUND-KAREN MOELLE SOS OFFICE EQUIPMENT ST LOUIS PARK TRAVELING ST PAUL FESTIVAL.. & HEFUT SWEET/GLADYS SYSTEMS SUPPLY INC. US WEST CELLULAR US WEST COMMUNICATIONS VENETIAN PLAYHOUSE WEIL.ER/t'li�RY WILLIAMS STEEL & HARDWAR L,J I l·-tSOt--1/t'li�R I{ ,�FSCl'iE ANOKA COUNTY SOCIAL SERV COMMISSIONER OF REVENUE COt'IPUTER CORP CHECK 1--IUl"IBER 4414:1. 44142 4tU43 44144 44145 44146 441.tO44l48 44149 44l.50 44l �,l 44l. 5�:� 44:1. ::_:,::-; 4,:1154 44l �.::_:, 44:1. 5(� tM:1.::.,7 4t.ll. 58 441 ::,,9 44160 t.M:1.6:1. 4 <.l:t, (.) �� 44:1.63 44164 4tH6::', 4'll.66 tM167 441.68 tM:l.t..9 44170 tM1. 71. 44172 4417:::, 44:1.74 4417::.', 44176 44177 44178 44179 44180 4418:1. 44182 44.183 4t.l185 44186 44187 tM:t.88 CITY OF COLUMBIA HEIGHTS GL540R-V04.10 PAGE 1 AMOUNT 99.00 125.20 677.11 12,570.23 107.50 850.93 110.00 105.00 435.92 61.36 ::.wt). 79 110.00 ::',7b. 3l. a·,7�� .. 25 �-o .. �:6 ��. 00 131.t. 00 10,544. ::,7 100.00 430.00 :;;: , 09l.. s:::, ��59. ::>9 1.0:::-;. 90 68.:1.7 91.12 5,078.89 4,080. 7�:� ��o. oo 9::',.00 76 .. ��!:"l 40::,,. 00 170.00 78.00 100.00 2�•0.00 5.00 130. 8�) 4.79 118.76 100.00 200.00 117 .o�� 41!>0. ?:I. 419 . 0(7 30:J .• oo 7,441.20 3,192.86 BRC FINANCIAL SYSTEM 10/21/93 16�5 Check History 10/25/93 COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V04.10 PAGE 2 Br,NK VEt-lDOR CHECK t-!Ut'IBER At'IOUNT BANK CHECKING ACCOUNT DCA IMC. FIRST COMMUNITY a�EDIT U GREAT WEST LIFE & ANNUIT GFmUF' HEAL TH ICMA RETIREMENT TRUST 45 MICKELSON,TI�USTEE/J J MINN STATE RETIREMENT SY NORTHEAST STATE BANK PAYFWLL.. ACCOUNT PERA PERA LIFE INSURANCE POLICE RELIEF PRUDENTIAL LIFE INSURANC STATE CAPITOL CREDIT UNI W·.JITED w,;y AAFW ANOKA TECHNICAL INSTITUT BELLBOY CORPORATION BEl�:G/1...E�-IA CHAMPLIN PARK GIRLS BSKB COi. .. HEIGHTS �,THL..ETIC BOO CCJl'"lPUTER CORP EAST SIDE BEVERAGE CO GRIGGS-COOPER & CO HDMZt:i/GEOF�GE ,JEt-�SEl'-1/DAl'-I JOH��ON BROS. LIQUOR CO. KELZENBERG/BARBARA A K1:;�USC/ .J DE KUETHER DIST. CO. LEVINE INVESTME�TS MINN DEPT.OF REVENUE M S F' NATIONAL SEMINARS GROUP t-lEL..SON/L..O IS J NORTH METRO JR FOOTBALL Pt-1FHS PLUS P,�USTIS & SONS PETTY CASH -KAREN MOE�L PHILLIPS & SONS CO/ED PF.:IOF: WIME QUALITY WINE & SPIRITS RAMSDELL.. SCHOLARSHIP FUN ROLLINS OIL STAR TRIBUt-lE US WEST CELLULAR lJ S WEST COMMUNICATIONS 44189 44:1.90 44:1.9:J. 44192 44:1.s·::; 44194 4419�· 44196 44197 441?8 44199 44�:'.00 44201 44202 44'.;:�0:::, f.lr.'J�:'.05 44206 44207 4tt208 r'.Jr.l�:'.09 44210 442:1.1 (¼421'.;:� 44�:'.l.3 44��14 4421t-=r 44��16 44217 44�:'.:l.8 4 1-l219 44220 44�"::21 44��22 44223 442��4 44225 44226 44227 44��2B 44229 44230 i.lt.1231 44��::)2 44��:)3 44234 442:35 44��31> 2 !1 0:1.0.262, :1.99 .oo 4, 3� .. �:--. 50 9,655.76 4,338.8:1. 350.00 320.00 :12, 726. 77 106, 6!:,2 .10 18,249.09 162.00 363.09 70�·-74 740.00 11:;�.oo 208.00 780.00 17,�"::29 .89 20.00 100.00 600.00 157.BO �l��, �\E��. :I. 0 14,484.08 110.00 655.00 4,427.46 200.00 190.00 :I. :t., 716. 30 460.86 1:1.0 .. �:,1 99.63 69.00 :;�:;�. 00 150.00 17.::,o137.50 86.95 1 !1 979.54 973 .. 56 :1.,793.78 33.00 56.83 :;�j_t,. 24 166.4':? 12'.;:�. 98 BRC FINANCIAL SYSTEM 10/21/93 16:5 Check History 10/25/93 COUNC IL LIST BANI< VEt-lDOR BANK CHECKING ACCOUNT UNIVERSITY OF MINNESOTA WEIMKAUF/TODD WEL..DDN/DIAME WILLIAMS STEEL & HARDWAR WOODLAKE SANITARY SERVIC YAtHOS/DOROTHY A T & T COl"ll"IUNICATIONS AT & T CONSUMER PRODUCT ACE HARDltJM�E AMERICAN LINEN SUPPLY CO AMERICAN WATER WORKS ASS APPLE BUSINESS FORMS ASPEN MILLS, INC. AUTOl10TIVE PAINT SPECIAL BATTERY & TIRE WAREHOUSE BER��ORD TRUCKING BERNICK AND LIFSON BIFF'S,INC. BI TUMINOUS ROADWAYS INC CATCO PARTS SERVICE CENTRAL POWER DISTRIBUTO CHEl"ISEARCH CITY WIDE LOCKSMITHING CLARK FOODSERVICE INC COCA-COLA BOTTLING MIDWE COLUMBIA METAL FAB COLUMBIA PARK MEDICAL GR CO!'"ll'1 CENTER COMPRESSAIR & EQUIPMENT CCJIYIPUTEI:;: COf=<P CONCEPT MICRO IMAGING CROWN FENCE & WIRE D C HEY COMPAt-lY' D ROCK CENTER DON'S CAR WASHES DORADUS CORPORATION EXPRESS RUBBER STAMP CO FASTENAL COMPANY FLEXIBLE PIPE TOOL CO. FOX VALLEY PAINT GARELICK STEEL CO ru:NUINE PARTS/NAPA AUTO GOLDSBERRY/ROLLIN GOOD MD/ DR GARY GOODIN CD. GOVERNMENT FINANCE OFFIC GUU .. EY /DAYMA CHECK NUl"IBER 44237 44238 44239 44240 4424:1. 44��42 44244 44245 44;�46 44247 44248 44��49 4.!l:;:� �.() 442��l. 'M252 t.lt.l��5:1 44;��l4 44255 442�',6 44257 44��)8 44��59 442b0 t-14261 l.!4262 44��6:'5 44:;;�64 41.J��65 44;�66 44267 44;::6B 4,1��69 44��70 44271 44272 44��73 44274 44275 44276 44277 44278 44��79 44:;;�BO 44281 44'.;:�8:? 4£128:1 tM2EVi CITY OF COLUMBIA HEIGH TS GL540R-V04.10 PAGE 3 Al710UMT 52�'1.00 300.00 200.00 78.88 53,511.36 10.00 55.74 47.59 :1.6:1 .• 29 7��. 9:1. <n).oo 78. t.l2 66.00 125.!5431.84 l :19. 80 :I., 34� •• 7�, 285.09 1 :, :,:?{t n 99 19.48 32. �.;�::,90. 44 37. ;:�7119. �)6112.�',026.l.41, ::-;09. 64 23.86 30�.'i. :1.6 3:56. 7l. :1.16. 71 453.96 ::-;3.10 69 .. 23 500.00 96.00 :;�0.07 46.44 9.90 75.16 20.50 4:1. 95 7.98 ��o .. oo '.;:?9. �'16 19<;>. 50 7�,. 00 BRC FINANCIAL SYSTEM 10/21/93 16:5 Chec:k Hi<::,tory 10/25/93 COUNCIL LIST BANK VENDOF� BANK CHECKING ACCOUNT HEIGHTS ELECTRIC INC. HEINRICH ENVELOPE CORP HF,:f-1 K 1'1ART KALINA,WILLS,WOODS,GISVO l<ILU'1ER ELECTRIC KODA IVEASTMAt-1 1...ABELMASTER L?',NGE TANI<, It-IC LEAGUE OF MINNESOTA CITI LEEF BRO!:>. LOWRY CENTRAL BOWLERS MADDEN & ASSOCIATES/FRAN MEDTOX LABORATORIES, INC MENARDS CASHWAY LUMBER METROPOLITAN WASTE CONTR MIDWEST ASPHALT CO. MIDWEST BUSINESS PRODUCT Mii'-IAf-� Fmm MINNEAPOLIS FINANCE DEPT MINNEAPOLIS SAW CO. 1'1 I MNEGASCO MINNESOTA BLUEPRINT MINNESOTA SUBURBAN PUBLI MODEL CRAFT ELECTRIC N S P NAT'L SOCIETY PROF ENGIN NATIONAi... GUARDIAN l··-IEI...SOr-1/Gf-::EGNORDIC TRUCK PARTSNORTHERN HANDYMANf'.IORTHERl'-4 liJATER WORKS SUPPENNZOIL PRODUCTSF'EPS:C··-CCJLA-7 UPPL..Ut,IKETT 'S, INCRAF'IT PRINTINGF�APIT PRINTINGRETtHL DATA SYSTEMS OF MF� I GS AND SCH.JADSSAFETY KLEEN CORPSCHERER BROS LUMBER SHEDI...OV/CLIFFORDSPECTF,Ut'I LABSSTEERING COLUMN REPAIR ISTREICHER GUN'S INC/DONSYSTEMS su��LY INC.TAYLOR TELEPHONE SYSTEMS CHECK NLJt'IBER 44285 44286 44287 44288 44289 44290 44291 44�?:92 44293 44��94 44�?9:, 44�?:96 44297 44298 4l.1299 4r.1300 44301. 44302 44303 44304 44::rn�, 44:_:-;06 44307 44308 44:::-;09 44::HO 4431:1. 443:1.2 44::,:1.::-; 44:114 4431.�:, 44:516 l.�431744:518 4431944�120 443�?:1 44:52244323 44:524 4432�:i 44:126443�::744:52841.n�:�9 44330 443:::-;:1. CITY OF COLUMBIA HEIGHTS GL540R-V04.10 PAGE 4 Al"IOUNT 2,313.15 566.05 4,0�16.2:::, ::,4 .. 54 16,14::'i.13 983.00 732. 5:1. 3�5 .14 32.03 2L:>. 00 149 .1'.;;: 6.50 2, 30�J. l. 5 28.50 13:1 .• 7() 55,910.00 .q , 662. ::=,:::, 146.32 24.90 53,100.84 3·?. 9�) l. , ::,98 • 1 7 :::;:::,. 78 148. !50 15.00621 .• 79 2::)�: n 00 68.90 l00.00 131. !57 40.46 21.6.51 249. l.O 257.53 ��1. :::>o 900.44 1,739.68 96.00 24.00 156.82 512.98 260.00 l.40. 0050.00 200 a�::;:� 193.59- 225.00 BRC FINANCIAL SYSTEM 10/21/93 16:5 .. Check History 10/25/93 COUNCIL LIST CITY OF COLUMBIA HEIGHTS GL540R-V04.10 PAGE 5 BANK VEMI>OR CHECK NUl'IBER AMOUNT BANK CHECKING ACCOUNT TEE'S PLUS SCREEN PRINT! TWIN CITIES READER US WEST COMMUNICATIONS UNIFORMS UNLIMITED VOSS LIGHTING liJ W GRAINGER WARNING LITES OF MINN. I WASTE RESEARCH & RELAMAT WILLIAMS STEEL & HARI>WAR WOJACK WELDING SUPPLY WOODLAKE SANITARY SERVIC ZAHL.. EGHJIPITIENT 44332 44333 44334 44335 44336 44:537 44338 44339 44340 44341 4434;;: 44343 186.17 8.00 451.74 662.06 13.09 132.62 194.26 171.30 68.3[) 44.09 ��3 !I !:.il 1. 36 38.B7 615 !1 210.23 ***