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Home My WebLink AboutJuly 8, 2002 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. cohonbia-heights.mn.us ADMINISTRATION Mayor Gary L. Peterson Councilmembers Marlaine Szurek Julienne Wyckoff Bruce Nawrocki Robert A. Williams City Manager Waiter R. Fehst July 5, 2002 The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, July 8, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Hei~vhts, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Pastor Dan Thompson, Assembly of God 1. CALL TO ORDER/ROLL CALl, 2. PLEDGE OF ALLEGIANCE e ADDITIONS/DELETIONS TO MEETING AGEND~a (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) e PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTY, A) Proclamations-none B) Presentations 1) Rehab Incentive Program - Jennifer Bergrnan, Program Director, Housing Resource Center C) Introduction of New Employees - none D) Recognition - none CONSENT AGENDA (These items are considered to bc routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will bc taken up as thc next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the June 24, 2002, regular City Council meeting as presented. 2) Establish hearing date of July 22 for Revocation or Suspension of a license to operate a rental property at 4610-4612 Fillmore Street and 4637-4639 Pierce Street NE. MOTION: Move to Establish a Heating Date of July 22, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of CoJumbia Heights against Mohsen Dessouki at 4610-4612 Fillmore Street NE. MOTION: Move to Establish a Heating Date of July 22, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Russell Waletski at 4637-4639 Pierce Street NE. 3) Approve Payment of Bill.q MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 98731 through 98962 in the amount of $853,126.31. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORtUNiTY EMPLOYER City Council Agenda July 8, 2002 Page 2 of 3 PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 1300-1302, 1316-131 and 1324-1326 Circle Terrace. MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of thc Rental License Held by Edward Fragale Regarding Rental Property at 1300-1302 Circle Terrace, 1316-1318 Circle Terrace, and 1324-1326 Circle Terrace in that the Property Owner is in the process of correcting all deficiencies on the property. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Adopt Emergency Ordinance #1449, being an Ordinance amending Ordinance #1428, Zoning and Development Ordinance 2001 imposing an emergency moratorium on the change in use ofproperW within the industrial districts identified in the redevelopment study area for the City of Columbia Heights. MOTION: Move to waive the reading of Emergency Ordinance #1449, there being ample copies available to the public. MOTION: Move to adopt Emergency Ordinance #1449, being an Ordinance amending Ordinance #1428, Zoning and Development Ordinance 2001, imposing an emergency moratorium on the change in use of property within the industrial districts identified in the redevelopment study area for the City of Columbia Heights. B) Bid Considerations -none C) Other Business 1) Approve Springsted Professional Services Contract MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Springsted for their proposal of June 26, 2002 to evaluate the City's plan to relocate the Central Avenue liquor operation. 2) Adopt Resolution No.2002-46, being a Resolution authori~.ing the purchase of 4833 University Avenue Move to waive the reading of Resolution No. 2002-46, there being ample copies available to the public. Move to Adopt Resolution No. 2002-46, being a Resolution authorizing the purchase of 4833 University Avenue; and furthermore, authorizing the Mayor and City Manager to enter into a contract for purchase of the property for $75,900, with funds to be appropriated from the Abatement Fund. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the Telecommunications Commission on June 20, 2002 City Council Agenda July 8, 2002 Page 3 of 3 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. COUNCIL CORNER 12. ADJOURNMENT _.~L~pL~pamM~'ee' Assistant t° th~~ager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS TI]ESE MINUTES HAVE REGULAR CITY COUNCIL MEETINGNoT BEEN AEP_R0_V_ED. JUNE 24, 2002 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 24, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Pastor Tom Carlson, First Lutheran Church, gave the invocation. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Williams and Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added a Proclamation to be read for the Women of Today. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations - Women of Today Founders Day Mayor Peterson read the Proclamation recognizing July 1 as the Women of Today Founder's Day, and presented the Proclamation to Vicky Nurnberger, representative of the Columbia Heights Women of Today. B) Presentations to: Officer Paul Frakie and Corporal Paul Bonesteel Police Chief Tom Johnson gave the background information on Officer Paul Frakie and swore him in. Mayor Peterson presented Officer Frakie with his badge. Officer Frakie thanked the Mayor and Council for the opportunity to be a police officer in his hometown. Police Chief Tom Johnson gave the background information on Corporal Paul Bonesteel. Mayor Peterson presented Corporal Bonesteel with his promotional badge. Corporal Bonesteel thanked the City Council for this promotional opportunity. Chief Johnson reminded the public of the Jamboree Parade route change. He encouraged people to attend, with parking available on the perimeter and parking ramps. He also reminded residents of the Tour d' Heights on Saturday morning. Two bicycles, donated by the Lions Club, will be awarded at the end of the ride. c) Introduction of New Employees - Ben Mathson and John Crelly. Kevin Hansen, Public Works Director, introduced Ben Mathson as the new park department employee. Mathson thanked the Council for the opportunity to work for the City of Columbia Heights. Fire Chief Charles Thompson introduced John Crelly, the new Assistant Fire Chief and gave information on his background. Assistant Fire Chief Crelly thanked the Mayor and City Council for the opportunity to work for the City of Columbia Heights. Nawrocki reiterated his comments from a previous meeting that he was sorry the appointment for this position was not from in-house. He indicated it was nothing personal again Crelly. D) Recognition-none City Council Minutes June 24, 2002 Page 2 of 8 CONSENT AGENDA Walt Fehst, City Manager, reviewed the consent agenda items. Motion by Nawrocki, second by Wyckoff, that with the requested correction to minutes and removal of Item #2 to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the June 10, 2002, regular City Council meeting as corrected. Nawrocki corrected the minutes of June 10, 2002, page 6, 5tnparagraph, stating that 4356 6th Street should be 5th Street, and that three spots need paving on the alley between 44tn Avenue and 45th Avenue. 2) Establish Work Session Meeting Date for July 15, 2002 beginning at 7:00 p.m. in Conference Room 1 - Removed. 3) Authorize final payment for Jackson Pond fence, City Project 0009 Motion to accept the work for Jackson Pond Fence, City Project 0009 and authorize final payment of $1,253.25 to Security Fence and Construction, Inc. of Minneapolis, MN. 4) Establish hearing date of July 8, 2002 for Revocation or Suspension of a license to operate a rental property at 1300-1302, 1316-1318, 1324-1326 Circle Terrace Blvd NE. Motion to Establish a Hearing Date of July 8, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Edward Fragale at 1300- 1302, 1316-1318, 1324-1326 Circle Terrace Blvd NE. 5) Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 24, 2002 as presented. 6) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 98499 through 98730 in the amount of $3,923,191.46. Upon vote of the Consent Agenda: All ayes. Motion carried. Item #2 - Establishing work session meeting date. Nawrocki asked if there was an agenda set for the proposed meeting. Fehst, indicated there was not, except for discussion of a property on University Avenue. Nawrocla' asked why there was no meeting being set for July 2nd. Fehst stated that staff had been polled and had no items for discussion. Peterson stated that he might be out of town on July 15th. Motion by Williams, second by Szurek, to establish a Work Session meeting date for Monday, July 15, 2002 beginning at 7:00 p.m., in City Hall Conference Room 1. Upon roll call vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes- 1 nay. Motion carried. PUBLIC HEARINGS Rental Housing Revocation for 1816 44th Avenue NE City Council Minutes June 24, 2002 Page 3 of 8 Motion by Szurek, second by Williams, to waive the reading of Resolution No. 2002-43, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, to adopt Resolution No. 2002-43, being a Resolution of the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code section 5A.408(1) of the Rental License held by Michael Haase Regarding Rental Property at 1816 44th Avenue NE. Nawrocki asked why this violation did not include unlicensed vehicles. Hoefl stated that does not fall under the housing maintenance code. Fehst stated he would contact the Police Department on this. Upon vote: All ayes. Motion carried. RESOLUTION 2002-43 Resolution of the City Council for the City of Columbia Heights approving Revocation pursuant to Ordinance Code Section 5a.408(1) of that certain Residential Rental License held by Michael Haase (Hereinafter "License Holder"). Whereas, License Holder is the Legal Owner of the real property located at 1816 44th Avenue NE, Columbia Heights, Minnesota, And Whereas, pursuant to Columbia Heights Code Section 5.104(1)(A), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 13, 2002 ora Public Hearing to be held on June 24, 2002. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on December 13, 2001, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted six violations. Compliance orders hsting the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 18, 2002, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that three violations remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on April 15, 2002, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that three violations remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the rental housing license application with copies mailed to the tenant. 4. That on May 13, 2002, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that the three violations remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 5. That on June 20, 2002, Gary Gorman and John Larkin, inspector for the City of Columbia Heights, reinspected the property and noted that the three violations remained uncorrected. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE i. Shall cut/trim long grass and weeds along the fences in the spring. ii Shall install hard surface (concrete or asphalt only) on all parking areas on the property....Shall comply by spring 2002. iii Shall remove all outside storage/garbage around the yard. Cardboard, tires, batteries etc....Shall remove the brash pile in the front and rear yards. B. FAILURE TO SUBMIT REINSPECTION FEES OF $550.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 1816 44t~ Avenue NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, City Council Minutes June 24, 2002 Page 4 of 8 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other heatings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U1816 is hereby revoked/suspended; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the fnrst day of posting of this Order revoking the license as held by License Holder. Passed this 24'h day of June, 2002 ITEMS FOR CONSIDERATION Other Resolutions and Ordinances Second reading of Ordinance No. 1448, being an ordinance amending Chapter 6, Section 53, of the Charter of the City of Columbia Heights pertaining to Powers and Duties of the City Manager. Motion by Szurek, second by Williams, to waive the reading of Ordinance No. 1448, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, adopt Ordinance No. 1448, being an ordinance pertaining to Powers and Duties of the City Manager. Nawrocki opposed this change in the Charter as things have run well over the years, and the present process allows more input from residents. Upon vote: Williams, aye; Szurek, aye; Wyckoff, nay; Nawrocki, nay; Peterson, aye. 3 ayes - 2 nays. Motion failed Nawrocki stated his concern about the process to inform the public of this and other Charter changes to be on the ballot, and asked to be kept informed. Jim Hoeft, City Attorney, stated this item would be passed back to the Charter Commission. Nawrocki indicated that he would like to see the wording draft on a timely basis. Hoeft stated that timely preparation would be necessary to get this information to the County for the upcoming election. ORDINANCE NO. 1448 BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION 53 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO POWER AND DUTIES OF THE CITY MANAGER The City of Columbia Heights does ordain: Section 1: Chapter 6, Section 53 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs, except that the police department and the enforcement of the laws pertaining to said department shall be under the sole control of the mayor. The city manager's powers and duties shall be: (a) To see that this charter and the laws, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the departments, all appointments to be upon merit and fitness alone; (c) To exercise control over all departments and divisions of the city administration created by this charter or which may be hereafter created by the council except as herein provided; (d) To attend all meetings of the council, with the right to take part in the discussions but having no vote; but the council may at its discretion exclude the city manager from meetings at which the city manager's removal is considered; City Council Minutes June 24, 2002 Page 5 of 8 (e) To recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city's affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; (g) To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of the city manager by ordinances or resolutions adopted by the council. IS HEREWITH AMENDED TO READ AS FOLLOWS: POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the ~'~.. ~v.~^~ ...... ~..~.~ ~.^~'~'.-~ ....... .._~.. The city manager's powers and duties shall be: (a) To see that this charter and the laws, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the departments, all appointments to be upon merit and fitness alone; (c) To exercise control over all deparUnents and divisions of the city adminis~ation created by this charter or which may be hereafter created by the council ex:cpi (d) To attend all meetings of the council, with the right to take part in the discussions but having no vote; but the council may at its discretion exclude the city manager from meetings at which the city manager's removal is considered; (e) To recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city's affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; (g) To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of the city manager by ordinances or resolutions adopted by the council. First Reading: June 10, 2002 Second Reading: June 24, 2002 Date of Passage: Failed E) Bid Considerations - none F) Other Business Approve agreement with Xcel Energy for the undergrounding of overhead lines on Central Avenue from 41st to 43~a Avenues and authorizing a total payment in the amount of $108,001. Motion by Williams, second by Szurek, to approve the agreement with Xcel Energy for the undergrounding of overhead lines on Central Avenue from 41st to 43rd Avenues and authorizing a total payment in the amount of $108,001 with 50% ($54,001) from Special Projects Fund #226-49846- 3050 and 50% ($54,000) from Cable Fund #225-49000-3050, and authorize the Mayor and City Manager to enter into an agreement for the same; with the stipulation that the Central Avenue Project 99-12 State Aid Funding sources will be reviewed at the end of the project, and if excess funds are available they will be used to repay each of the funds. Nawrocki questioned the response from the Suburban Rate Authority on NSP'~ responsibility to move these lines at their own cost. Hansen stated that he contacted the SPA attorney and Xcel. This request is to relocate and bury lines on Central from 41~t to 43ra Avenue, with a final design estimate of $108, 000. Payment options are: payment up front or spreading out the amount among ratepayers over an extended period. Hansen stated that Jim Strommen, of the SPA, indicated that we are taking the right steps, and a third party expert couM tell us if the written estimate is proper. Hansen stated that Xcel indicated moving the lines to the rear of the building would be as expensive as placing them underground. Residential lines would have to be moved, because feeder lines cannot run on the same lines with residential lines, and would require obtaining easements for the work. Hansen indicated City Council Minutes June 24, 2002 Page 6 of 8 that the city wouM be responsible for costs as established in the franchise agreement. Hansen stated that this estimate is a design cost and that the final cost could be more or less. Hansen stated that review by an outside consultant would be between $3,000 and $5,000. Nawrocki also questioned using remaining state aid funds toward this cost. Hansen stated that this request could be added to the motion, and reimbursed after the project, if funds remain. Hoefl stated that the maker and second of the motion could add this. The maker and second to the motion agreed to add the use of any remaining state aid funds. Wyckoff mentioned her recommendation to add $1 per month, for nine months, to resident's utility bills to split the cost between residents and reserve funds, so to not run down reserve funds. Upon vote: Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated the change to the Jamboree parade route to be hem Friday at 6:30p. m. He referred to the Jamboree pamphlet produced by the Lions Club. Fehst referred to the Crest View celebration, the carnival, fireworks, Ronny Milsap concert, softball tournaments, and Queen Coronation. He thanked Wally Logacz for his tremendous work on the parade and the Lions for their work and sponsorship of the Jamboree. Fehst asked for Council's preference of concrete color for the Central Avenue boulevard. Hansen stated the majority of responses from the fronting business owners were for terra cotta. Szurek stated that she viewed the barn red color in Hastings and like it very much, along with the stamped brick look. Fehst stated that the barn red color was used Shoreview. Wyckoff liked the barn red color also. Williams indicated his desire for barn red. Nawrocki stated that he as often seen the Shoreview project and he did not like the barn red color. He chose the adobe tan. Hansen stated that the colors would fade, as Shoreview's has. Peterson stated that the gray color at the gateway was his choice, but now wishes he would have used a brighter color. Hansen stated there were 35 responses for terra cotta and one for barn red. Peterson stated that businesses would have to view the color daily. Fehst questioned if the terra cotta color has been used in another local community. Hansen stated these colors were picked to blend with the brick on buildings down the corridor. Williams felt that business owners would eventually think the darker color was better. Wyckoff asked Mrs. Johnson for her choice. Mrs. Johnson indicated the barn red. Nawrocki stated that the Shoreview concrete project had faded. Peterson referred to a rose colored concrete he saw that looked nice. Williams felt that we will get compliments if we were bold in our choice. Fehst indicated the choice would be barn red, by a majority Council consensus. NawrocM felt that was not bureaucracy. Report of the City Attorney Nawrocki asked for the City Attorney's written opinion on the Charter questions. Hoeft stated it is on his "to do" list. Wyckoff questioned how the newsstand ordinance is being handled. Fehst stated that we are waiting for more information from the people who are protesting it. Hoefi stated that the City Engineer sent notice to all newspapers within the construction zone that during construction no one could have newspaper stands in the area. The free flyer companies are protesting that our ordinance is based on content, as pay boxes are not included. Heofl stated the City's concern was not content, but people not depositing these materials in the trash, and that people tend to keep a paper they pay for. Hoefi indicated that if they chose to challenge us in court they can do so, and if there is a middle ground to be reached we will try to do so. City Council Minutes June 24, 2002 Page 7 of 8 GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions · Meeting of the Economic Development Authority on May 20, 2002. · Meeting of the Public Library Board of Trustees of Jtme 4, 2002. CITIZENS FORUM -none COUNCIL CORNER Nawrocki questioned the status of the 2000 budget goal to review our contract with the city attorney. Fehst stated that the contract was reviewed at that time and bids were not released. Fehst stated that research is being done regarding an in-house attorney. Nawrocki stated this information should come before Council. Nawrocki indicated there is a shopping cart at Sullivan Lake by the bridge that needs to be removed, and offensive graffiti on the bridge and lamppost. He allegedly that someone appears to be making their home at the Sullivan park shelter. Nawrocki stated that he attended the League of MN Cities annual meeting in Rochester. Two sessions of interest covered affordable housing and downtown development. Nawrocki stated that he spoke to the Xcel representatives at the conference on their tree trimming and asked them to check the trimming done on 5tn Street, between 40th and 41st Avenues. Discussion included previous trimming, providing shade, the 5th Street project, and if these lines were intended to be temporary lines. Fehst stated that a solution would be to have the lines moved. Nawrocki questioned the treatment ora resident by the contractor regarding a tree removal on Reservoir Boulevard. Fehst indicated that contractor would be notified to respect the resident's comments. Nawrocki referred to three spots in the ally from 44th to 45th Avenue on 5th Street that need to be redone. Hansen indicated the contract would do so sometime during the next couple of weeks. Nawrocki stated he would like the legal action regarding 4356 5th Street to continue, regardless if there has been interest showed in purchasing the property. Fehst will research having a contractor keep the grass cut. Nawrocki requested that information on election, proposed charter changes, and preliminary budget information be included in the fall newsletter. Nawrocki referred to the Columbia Heights household income level and that we have more than double the metro average of senior citizens in our community. He stated his concern with Habitat for Humanity homes was they could not promise recipients of homes in Columbia Heights would be from this community. Nawrocki stated: "Practice what you preach, and actions speak louder than works. Wyckoff asked why the recycling containers for cans are gone from our parks. Hansen was not aware of this, but stated he would check. Wyckoff questioned why the fountain at Wargo Park was not operating. Hansen stated that the pump is broken and with possible drainage problems and the construction project, repair will wait until later this fall or next spring. Wyckoff stated that the Labelle fountain is also not working. Hansen stated that the Labelle fountain needs major pump repair and the concrete has settled and eroded. City Council Minutes June 24, 2002 Page 8 of 8 Wyckoff requested that the goose round up at Labelle be limited to that area. Wyckoff stated that she would not be flying in July, and would be working at the Capitol. Szurek invited everyone to come out for the Jamboree events. Williams asked everyone to pray for the peace, justice and prosperity for our city. Williams pointed out what bad shape the Prestemon Park tennis courts are in and that we need to take care of what we have. Williams requested a Central Avenue construction update. Hansen stated that the p. ro~ect was a week ahead of schedule, but progress has slowed because of all the recent rain. He tndtcated that work at 40th Avenue would be a mess and inconvenient. Hansen stated that the rain has also pushed back construction progress in Zone 6A. Williams read from the Bits and Pieces booklet and Points to Ponder. Peterson invited everyone to the parade, and asked that anyone wanting to volunteer their help could contact the Chamber of Commerce, Patty at City Hall, or call him at home. Peterson stated that we are lacking members for several commissions. He would like to either appoint members or set up interviews, and asked Councilmembers to consider this. Peterson gave details of the Jamboree events. Peterson,, stated: "Don't take ourselves to seriously, enjoy life, love your neighbor and God Bless all of you . Nawrocki emphasized that the Jamboree parade starts on Washington Street. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:48 p.m. Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: July 8, 2002 AGENDA ORIGINATING CITY MANAGER SECTION: ~' A - ,~-~ DEPARTMENT: APPROVAL NO: Fire ITEM: Establish Hearing Dates BY: Charlie Thompson B License Revocation, Rental Properties DATE: July 2, 2002 DATE: NO: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Mohsen Dessouki .......................................................... 4610-4612 Fillmore Street NE 2. Russell Waletski ........................................................... 4637-4639 Pierce Street NE RECOMMENDED MOTION: Move to Establish a Hearing Date of July 22,2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Mohsen Dessouki at 4610- 4612 Fillmore Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of July 22,2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Russell Waletski at 4637- 4639 Pierce Street NE. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: 3tA~ I'.. j)'tgO,,6, STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number ~ ~ 7 2~I through ~ff~ ~,~ in the amount of$ ~',~'~, ~.~[ . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. ACS FINANCIAL SYSTEM 07/03/2002 15:21:21 FUND DESCRIPTION 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 202 ANOKA COUNTY CDBG 203 PARKVIEW VILLA NORTH 204 ECONOMIC DEVELOPMENT AUTH 212 STATE AID MAINTENANCE 213 PARKVIEW VILLA SOUTH 225 CABLE TELEVISION 226 SPECIAL PROJECT REVENUE 235 RENTAL HOUSING 240 LIBRARY 250 COL NGHTS AFTER SCHOOL ENRI 265 CONFISCATED/FORFEITED PROP 270 DARE PROJECT 276 IDCAL LAW ENFORCE BLK GRANT 279 COPS: SCHOOL PARTNERSHIP 376 TAX INCREMENT BONDS 402 STATE AID CONSTRUCTION 415 CAPITAL IMPROVEMENT - PIR 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STOEM SEWER UTILITY 609 LIQUOR 653 STORM SEWER CONSTRUCT. FUND 701 CENTRAL GARAGE 720 DATA PROCESSING 881 CONTRIBUTED PROJECTS-REC 883 CONTRIBUTED PROJECTS-GEN 884 INSURANCE 885 ESCROW 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 43,662.46 22.13 985.63 4,461.17 1,973.46 658.65 2,172.54 54,001.00 54,000.00 80.05 5,472.11 2,920.53 100.00 75.00 212.95 1,144.53 1,678.46 40,463.10 34,095.94 7,117.16 1,170.09 107,578.99 224.99 189,280.07 1,253.25 5,016.77 24.95 99.63 85.11 75,280.26 216,522.81 1,292.52 853,126.31 CITY OF COLUMBIA HEIGHTS GL060S-V06.40 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 853,126.31 853,126.31 ACS FINANCIAL SYSTEM 07/03/2002 15 Check History 07/08/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 1 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AAA AWkRDS 98731 41.50 ANOKA COUNTY 98732 1,678.46 ASNAKE/SEBLE 98733 8.70 AT & T CONSUMER LEASE 98734 47.82 BERG/CHERYLLYNN 98735 220.20 BLAHUT/LINDA 98736 37.00 BRADLEY REAL ESTATES INC 98737 11,344.47 CHISAGO DARES DISTRIBUTI 98738 399.00 CITY WIDE LOCKSMITHING 98739 18.00 COLU~BIA HEIGHTS I 98740 4,520.46 COLUMBIA HEIGHTS RENTAL 98741 126.35 DEALERS REAL ESTATE & LA 98742 1,000,00 DESCHENE/JACK 98743 250.00 DORR/RODNEY 98744 25.00 DUGDALE/MARY 98745 137.50 EDLUND/DORINDA 98746 963.74 FRIENDSHIP VENTURES 98747 192.00 G & K SERVICES 98748 26.10 GENUINE PARTS/NAPA AUTO 98749 83.06 GRIGGS-COOPER & CO 98750 4,884.65 GUTKAES/KAREN 98751 168.10 HANNING/KATHLEEN 98752 246.16 HAVILAND/JOHN 98753 27.10 HILLYARD 98754 169.55 HOHHNSTEINS INC 98755 11,276.90 HOME DEPOT 98756 40.t9 HOSPITALITY SUPPLY COMPA 98757 31.44 IDEAL ADVERTISING INC. 98758 400.00 JOHNSON BROS. LIQUOR CO. 98759 386.04 KUg'I%IER DIST. CO. 98760 44,289,70 LARKIN/JOHN 98761 43.80 MARK VII DIST. 98762 0.00 MEDICINE LAKE TOURS 98763 1,755.00 MENARDS CASHWAY LUMBER-F 98764 396.49 METRO WELDING SUPPLY 98765 37.28 MOTION PICTURE LICENSING 98766 168.00 PEPSI-COLA-7 UP 98767 232.50 PETKOFF/DICK 98768 3.37 PETTY CASH - JEAN ANDRES 98769 96.17 PETTY CASH - KAREN MOELL 98770 83.32 PHILLIPS WINE & SPIRITS 98771 482.10 QUALITY WINE & SPIRITS 98772 4,569.01 Q~EST CO~UNICATIONS 98773 1,547.23 REIMANN/MICHELE 98774 20.00 SBSI INC 98775 294.00 SECURITY FENCE & CONSTRU 98776 1,253.25 SORENSON/DALE 98777 50.02 ACS FINANCIAL SYSTEM 07/03/2002 15 Check History 07/08/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 2 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT SUNBURST CHEMICALS INC THE DEPOT UNIVANCE - ACCTS RECEIV WHITMAN/CORINNE WILD MOUNTAIN WINE COMPANY/THE XCEL ENERGY (N S P) YELLOVICH/LIZ ZUELKE/VIOLA AFFINITY PLUS FEDERAL CR AFSC~E DELTA DENTAL FIRST COMMUNITY CREDIT U IC~A RETIREMENT TRUST 45 MEDICA SENIOR MN CHILD SUPPORT PAYMENT NCPERS GROUP LIFE INS 39 ORC~ TRUST COMPANY PERA RAMSDELL SCHOLARSHIP FUN RELIASTAR EMPLOYEE BENEF UNION 49 UNITED WAY VkNTAGEPOINT TRANSFER - WELLS FARGO - PAYROLL AC WI DEPARTMENT OF REVENUE AAA AWARDS AARP BECKER/KELLY BLAMUT/LINDA CITY OF EAGAN DAKOTA COUNTY PARKS DEPT DIAMOND T P, ANCH EAST SIDE BEVERAGE CO ELECTION SYSTEMS & SOFTW EMERGENCY MEDICAL PRODUC EN~QUIST/SANDRA GENUINE PARTS/NAPA AUTO GRIC~S-COOPER & CO HARVEY/ROBERT IKON OFFICE SOLUTION KALLEST~/GARY ss/ x MARK VII DIST. MEDICINE LAKE TOURS MELROSE PYROTECI~ICS 98778 164.89 98779 59.00 98780 48.66 98781 40.00 98782 868.00 98783 982.29 98784 8,304.75 98785 55.00 98786 40.00 98787 400.00 98788 1,012.88 98789 4,701.55 98790 2,380.00 98791 11,076.77 98792 846.60 98793 707.43 98794 434.00 98795 7,135.50 98796 27,320.69 98797 54.25 98798 2,107.80 98799 580.00 98800 39.00 98801 225.00 98802 158,502.64 98803 291.22 98804 47.00 98805 290.00 98806 54.65 98807 25.00 98808 748.50 98809 54.00 98810 1,026.00 98811 31,505.16 98812 15.35 98813 188.89 98814 35.00 98815 167.32 98816 45,512.57 98817 15.00 98818 155.79 98819 60.60 98820 1.46 98821 14,811.36 98822 42.45 98823 3,555.00 98824 6,000.00 ACS FINANCIAL SYSTEM 07/03/2002 15 Check History 07/08/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 3 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT MENARDS CASHWAY LUMBER-F MN POL & PEACE OFFICER A MOELLER/KAREN OFFICE DEPOT OLSON/KELLY J PETTY CASH - JOANNE BAKE PETTY CASH - KAREN MOELL PETTY CASH - KELLY BECKE PE~ CASH - MARY DUGDAL PHILLIPS WINE & SPIRITS PURT E/DAVID QUALITY WINE & SPIRITS QWEST COMMUNICATIONS R W CEILING AND WALLS SCHMIDT/JEANINE M STEFFENS BROS. MEATS, IN TUBBS/MARSHA VERIZON WIRELESS WIBORG/FRED WINDSCHITL/KEITH WOODFILL/ANNE XCEL ENERGY XCEL ENERGY (N S P) YOU G/KAT ABM EQUIPMENT ACE HARDWARE AID ELECTRIC SERVICE INC ANOKA COUNTY ANOKA COUNTY LIBRARY ANOKA CTY - CEIflT~ CO~R~ ARCTIC GLACIER ASPEN MILLS, INC. ASSOC CONSTRUCTION PUBLI BAKER & TAYLOR BATTERY CITY INC BAUER BUILT TIRE & BATTE BEST IRRIGATION BFI/WOODLAKE SANITARY SE BIFF' S, INC. BITUMINOUS ROADWAYS, INC BONESTROO ROSENE ANDERLI BOOK WHOLESALERS INC BRODART BRYAN ROCK PRODUCTS, INC BURNET TITLE-ESCROW ACCO C E SUNDBERG COMPANY CADD/ENGINEERING SUPPLY 98825 36.49 98826 15.00 98827 99.63 98828 47.94 98829 2.99 98830 95.22 98831 71.40 98832 99.75 98833 153.98 98834 1,505.55 98835 3,428.00 98836 5,526.99 98837 165.95 98838 1,885.00 98839 2.48 98840 169.95 98841 10.37 98842 186.34 98843 14.99 98844 35.40 98845 80.00 98846 108,001.00 98847 8,984.38 98848 24.95 98849 57.56 98850 252.11 98851 173.12 98852 21.44 98853 583.48 98854 61.27 98855 999.84 98856 340.00 98857 175.00 98858 486.94 98859 257.29 98860 140.00 98861 88.81 98862 104,134.70 98863 60.26 98864 5,845.31 98865 2,992.10 98866 120.21 98867 171.60 98868 801.74 98869 112.03 98870 22.91 98871 34.29 ACS FINANCIAL SYSTEM 07/03/2002 15 Check History 07/08/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT CAPITOL FURNITURE SALES 98872 1,178.12 CATCO PARTS SERVICE 98873 226.41 CITIES 97 98874 1,482.00 CITY OF EXCELSIOR 98875 25.00 CITY PAGES 98876 433.00 CITY WIDE WINDOW SERVICE 98877 40.47 CLARK PRODUCTS INC 98878 71.45 COCA-COLA BOTTLING MIDWE 98879 224.18 COLUMBIA HEIGHTS RENTAL 98880 24.01 COLUMBIA HGTS-FRIDLEY KI 98881 500.00 COLUMBIA PARK CLINIC 98882 66.00 CROWN FENCE & WIRE 98883 t7.04 CUSTOM 1000, INC 98884 446.55 DANKA OFFICE IMAGING 98885 35.94 DAVID BAN](S STUDIOS 98886 75.00 DAVIES WATER EQUIPMENT C 98887 89.08 DEMCO 98888 111.28 DETERMAN BROWNIE, INC 98889 1,440.00 DIAMOND VOGEL PAINTS 98890 99.38 ELECTION SYSTEMS & SOFTW 98891 255.84 FRIDLEY-COLUMBIA HEIGHTS 98892 500.00 FRIENDLY CHEVROLET GEO, 98893 1,580.11 G & K SERVICES 98894 369.19 GAME TIME 98895 1,743.86 GARELICK STEEL CO 98896 39.59 GENUINE PARTS/NAPA AUTO 98897 345.81 GOODIN CO. 98898 5.98 GRAFIX SHOPPE 98899 387.00 H & L MES~I 98900 782.36 HACH COMPANY 98901 174.87 HAR~ST INTERIORS 98902 482.00 HOME DEPOT #2802 98903 101.28 IKON OFFICE SOLUTION 98904 136.00 INTEGRATED LOSS CONTROL 98905 602.00 KEE/KEN 98906 75.00 KENNEDY & GRAVEN 98907 314.94 LEAGUE OF MN CITIES INS 98908 74,187.25 LIGHTING PLASTICS OF MN, 98909 100.71 LUBE-TECH 98910 79.03 M & M HYDRAULIC COMP;hNY 98911 65.96 M.A ASSOCIATES INC 98912 66.56 MC COMB GROUP LTD 98913 2,015.71 MCI WORLDCOM CO~ SERVIC 98914 6.02 MCM'S LAMP RECYCLING 98915 663.19 MENARDS CASHWAY LUMBER-F 98916 253.02 METROCALL - ATT MESSAGIN 98917 17.55 MIDWAY FORD 98918 62.95 ACS FINANCIAL SYSTEM 07/03/2002 15 Check History 07/08/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 5 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT MIDWEST ASPHALT CO. 98919 108.24 MIDWEST TAPE 98920 153.93 MINITEX - ATTN MARY GARC 98921 280.00 MINNF2~POLIS SAW CO. 98922 11.75 MN DEPT OF kDMINISTRATIO 98923 37.00 MN NURSERY & I~SCAPE A 98924 75.00 MOORREAD MACHINERY 98925 940.95 NORTRERN TOOL & EQUIPMEN 98926 43.63 OFFICE DEPOT 98927 800.41 OLLIES KITCHEN & VITTLE 98928 82.54 ONE-CALL CONCEPT-GOPHER 98929 263.50 ONVOY 98930 24.95 ORKIN 98931 52.27 O~REY/MICHE~LE 98932 1,144.53 PALDAAND SONS INC 98933 29,760.09 PARK SUPPLY INC 98934 154.19 PERFORMANCE OFFICE PAPER 98935 565.52 PERRY'S CENT~U~ SERVICES 98936 147.00 QWEST DEX 98937 100.30 RADIO SHACK 98938 103.53 RONICK 98939 42.55 ROSEDALE CHEV 98940 114.33 SAM GIBSON SEWER COMPANY 98941 305.00 SCHELENGRAY ELECTRIC 98942 116.09 SCHINDLER ELEVATOR CORP 98943 309.20 STAR TRIBUNE 98944 121.16 STATE OF MN TREASURER 98945 35.00 STREICHER'S GUN'S INC/DO 98946 805.36 SUBURBAN AIR 98947 80.00 SUBURBAN LAWN CENTER INC 98948 126.52 SYSTEMS SUPPLY INC. 98949 540.78 TELEPHONE ANSWERING CENT 98950 121.20 TEDA 98951 182.05 TRIANGLE FIRE EXTINGUISH 98952 100.00 TRUGREEN CHEMLA~ 98953 176.45 TWIN CITY INDUSTRIAL MOT 98954 58.00 UNITED RENTALS 98955 670.42 []RS BRW INC 98956 40,416.06 US FILTER/WATER PRO 98957 3,582.86 VAN-O-LITE 98958 20.24 VERIZONWIRELESS 98959 420.09 WATSON APPRAISAL 98960 1,550.00 WILSON DEVELOPMENT SERVI 98961 972.35 ~ GRAINGER, INC 98962 77.07 853,126.31 *** CITY COUNCIL LETTER Meeting of July 8, 2002 AGENDA Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL No: ITEM: Close Heating BY: Charlie Thompson BY'~ff~~ Rental License Revocation DATE: July 2, 2002 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Edward Fragale regarding rental property at 1300-1302 Circle Terrace~ 1316-1318 Circle Terrace~ 1324-1326 Circle Terrace for failure to meet the requirements of the Residential Maintenance Code was scheduled to commence at the City Council meeting of July 8, 2002. The public heating on this property may now be closed in that the property owner is in the process of correcting all deficiencies on the property. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Edward Fragale Regarding Rental Property at 1300-1302 Circle Terrace~ 1316-1318 Circle Terraee~ 1324-1326 Circle Terrace in that the Property Owner is in the process of correcting all deficiencies on the property. COUNCIL ACTION: CITY COUNCIL LETTER Meeting off July 8, 2002 AGENDA SECTION:. Other Ordinances and ORIGINATING DEPT.: CITY MANAGER Resolutions /1 Community Development APPROVAL NO: 7-/4 -I ITEM: Emergency Ordinance No. 1449 BY: Tim Johnson NO: An ordinance imposing a moratorium on DATE: July 1, 2002 development in industrial districts. Issue Statement: Consideration of Emergency Ordinance # 1449, which is an ordinance of the Columbia Heights City Council imposing an emergency moratorium for industrial zoned properties identified in the redevelopment study area in the City of Columbia Heights. Baclatround: The City Council has identified as a priority, a strategic master planning process for the industrial areas of Columbia Heights. As part of this on-going redevelopment opportunity, the EDA recently selected the development group United Properties as part of a RFQ process. In conjunction with the master planning process, the City has received a $50,000 planning grant in order to complete a market analysis, economic feasibility analysis, to determine the highest and best use of these properties. This grant money will be available to the United Properties Development Group as they undertake this project. Analysis: The proposed moratorium will affect the Light and General Industrial zoned districts in the area generally bounded by 3~a Street on the west, 40* Avenue on the north, Jackson Street on the east, and 37th Avenue on the south (See attached zoning map). As part of this redevelopment oppommity, City staff bdieves it necessary to adopt an emergency ordinance prohibiting activities requiring action by the Planning Commission or a building permit. However, it does not include building permits for maintenance issues such as roofs and/or siding, etc. This emergency ordinance would be effective for an initial period of 12 months, but could be extended for an additional time period of 18 months, should the City Council deem it necessary. Recommendation: Staff recommends establishing an emergency moratorium, in an effort to protect the strategic planning process, and the health, safety, and welfare of the public. Staff recommends that the following motions be made. Recommended Motions: Move to waive the reading of Emergency Ordinance # 1449, there being ample copies available to the public. Move to adopt Emergency Ordinance # 1449, being an Ordinance amending Ordinance # 1428, Zoning and Development Ordinance 2001, imposing an emergency moratorium on the change in use of property within the industrial districts identified in the redevelopment study area for the City of Columbia Heights. Attachments: Zonin$ Map; Ordinance #1449 COUNCIL ACTION: EMERGENCY ORDINANCE NO. 1449 BEING AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 1428, ZONING AND DEVELOPMENT ORDINANCE 2001 The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into four residential districts, three business districts, and two industrial districts; and, Section 4: The two industrial districts are further classified in the Columbia Heights Zoning and Development Ordinance as I-1, Light Industrial District; and 1-2, General Industrial District; and, Section 5: The City Council determines it is necessary to undertake a strategic master planning process to determine the highest and best use of light and general industrial zoned properties, and, Section 6: In an effort to protect the strategic planning process, and the health, safety, and welfare of the public, the Columbia Heights City Council hereby imposes a moratorium on the I-1 Light and I-2 General Industrial zoned properties within the area generally bounded by 3~a Street on the west, 40th Avenue on the north, Jackson Street on the east, and 37t~ Avenue on the south, in the City of Columbia Heights, effective immediately and terminating on July 8, 2003, and recognizing said time period may be shortened or extended by adoption of an Emergency Ordinance by the City Council. Section 7: Activities affected by this moratorium include activities in the industrial districts identified above requiring action by the Planning and Zoning Commission, or building permits. This does not include building permits for maintenance issues such as roofs and/or siding. Section 8: This Ordinance shall be in full force and effect immediately. Offered by: Seconded by: Roll Call: Date of Passage: Patrieia Museovitz, Deputy City Clerk Mayor Gary L. Peterson CITY COUNCIL LETTER MEETING OF: JULY 1, 2002 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER C ITEM: SPRINGSTED PROFESSIONAL BY: WILLIAM ELRITE B SERVICES CONTRACT NO: DATE: 07/01/2002 Attached is a proposal from Springsted outlining a two-phase plan to review the City proposal on the purchase of property and/or a building for the relocation of Top Valu Liquor. As you may recall, Springsted's representative, Bob Thistle, was at the work session of June 17th and briefly discussed this matter. As the relocation of the liquor store will have significant financial ramifications to the City for several years, staff feels it would be highly beneficial to have Springsted review and evaluate our plan. RECOMMENDED MOTION: Move to authorize Mayor and City Manager to enter into an agreement with Springsted for their proposal of June 26, 2002 to evaluate the City's plan to relocate the Central Avenue liquor operation. WE:sms 0207012COUNCIL Attachment COUNCIL ACTION: SPRINGSTED Advisors to the Public Sector Liquor Store Relocation Financial Analysis Columbia Heights, Minnesota Work Plan June 26,2002 Objective The purpose of this study is to provide an independent review of the potential relocation of the Top Yalu Liquor Store for the Columbia HeiGhts City Council. Timing Studies of this nature typically require between 8 and 10 weeks from the time of receipt of required information or receipt of the signed agreement to completion. Delays in the receipt of information or in the coordination of meetings may extend the timing. At the completion of the study, the final draft, both paper and electronic will be delivered to the City. Phase I - the review of the current operation will include: Review of potential sites and identification of pro's and con's for each of the sites/options already identified by City staff through their internal market analysis: a. Continuation of lease for existing site at 44th and Central Avenue. b. Purchase of property at 49th and Central Avenue with rental potential. c. Build new on prospective site identified by City. Develop financing options for each site such as use of existing reserves and bonding options. Review and refinement of the financial pro-forma of the proposed site located at 49th and Central Avenue prepared by City staff and preparation of pro- forma financial information for the remaining options. This review will cover revenues and expenditures by major categories, financing options and common area maintenance costs. Review traffic study information prepared by City staff on the intersections at 44th and Central Avenue and 49~" and Central Avenue. Columbia Heights, Minnesota Liquor Store Relocation Financial Analysis June 26, 2002 o Establish a meeting with appropriate City staff and other consultants involved in the project to discuss all materials as a basis for undertaking Phase II of the study. Utilize cost data developed by the City's real estate consultants. Draw upon cost data developed in other similar Spdngsted Studies. Phase II - the review of future operations based upon the results of phase one will include: Development of options for the City including: a. An analysis of the financing options b. An analysis of the locations for the new store A projected capital and operating cost for each option A report that provides the City Council definitive options for decision. We will use a participatory process that will include City Council, staff and the community when appropriate in making the decision regarding the City's liquor store(s) and their future direction. We will meet with other consultants on an as needed basis. We will keep staff regularly updated as to the project status. We have included in our cost three meetings with staff and two meetings with the City Council during the process. Work Products - the following are the anticipated work products from this study. A review of future options with recommendations which will include: Pro's and con's for each location Projected cost for each option A five year business plan Compensation: We propose to complete the financial analysis, in accordance with the scope of services detailed above, for hourly compensation (detailed below) in a amount between $7,500 - $10,000 (exclusive of any out-of-pocket expenses such as travel and copying which will be billed seperately). We may use the services of a qualified sub-contractor with the approval of the City Manager. This amount will include three meetings with staff and two meetings with the City Council during the process. [] SPRINGSTED Page 2 Columbia Heights, Minnesota Liquor Store Relocation Financial Analysis June 26, 2002 Should the City request and authorize additional work outside the scope of services described in this work plan or additional on-site meetings, we would invoice the City at our standard hourly fees (detailed below). Title Rate Principal & Senior Officer $180 Officer & Project Manager $150 Senior Associate $125 Associate $110 Support Staff $ 50 Dan Hartman, Vice President Springsted Incorporated Walter Fehst, City Manager City of Columbia Heights [] SPRINGSTED Page 3 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: July 8, 2002 AGENDA SECTION: 7-C-2 ORIGINATING DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPiROV~ ~y~ ITEM: Resolution No. 2002-46 BY: Walt Fehst By:~6A~ ~)~ NO: Purchase of 4833 University Ave DATE: July 3, 2002 DA~),,6/~/.,.'~' - Background: Attached is a copy of the purchase agreement for 4833 University Avenue NE. The property came to our attention as a means to attaining commercial property along University and to clean up a blighting influence at the same time. The City Council has set up an Abatement Fund to deal with problems such as this. The fund is sufficiently funded to allow for purchase and demolition of this property, thereby creating a buildable commercial lot. Recommended Motion: Move to waive the reading of Resolution No. 2002-46, there being ample copies available to the public. Move to Adopt Resolution No. 2002-46, being a Resolution authorizing the purchase of 4833 University Avenue; and furthermore, authorizing the Mayor and City Manager to enter into a contract for purchase of the property for $75,900, with funds to be appropriated from the Abatement Fund. COUNCIL ACTION: RESOLUTION 2002 - 46 BEING A RESOLUTION AUTHORIZING THE PURCHASE OF 4833 UNIVERSITY AVENUE N.E. WltEREAS, the City Council of the City of Columbia Heights (the "City) has an on-going Abatement Fund suitable for purchase of blighting influences within the City; and WHEREAS, the City has found that there exists conditions of deterioration, and substandard structure, in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire such property pursuant to the Purchase Agreement by and between the City of Columbia Heights and Gilbert Harris (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City Council hereby approves the terms of the Purchase Agreement for 4833 University Avenue N.E. between the City of Columbia Heights and Gilbert Harris and authorizes the Mayor and the City Manager to sign the agreement on behalf of the City at a purchase price of $75,900 based on negotiations with the property owner. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves payment of the purchase cost from the City Abatement Fund. Passed this ~ day of ,2002. Offered by: Second by: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS~. which disclaims any liability arising out of use or misuse of this form. ~) 2001. Minnesota Association of REALTORS®, Edina, MN 1. Date ~ru~.~ 24. 2002 2. Page 1 of 5. the sum of O~e '~o~aad Dollars ($ 1,000.00 ) 7. ~ ~ ~i~ ~iw ~ ~r a~, in ~ ~ a~ ~ I~ ~r b~ ~ ~ rotund ~ ~yer If Purc~ 8. ~e~ ~ ~ ~ ~ ~l~r. ~ ~ ~y ~ ~ ~ ~r ~ ~ ~ ~e ~ ~ted ~: 10. C~ ~ ~l~a ~ts , Coun~ ~ ~o~ S~te of Min~sota, 12. 13. including the foltowing pmpeffy, if any, owned by Seller and used end located on Mid property: garden bulbs, plants, shrubs, and 14. trees; ~torm ~m,h, ~ donm, ~ and awnings; window ~hades, blinds, traverse and curtain and drapery rods; attached lighting 15. fixture~ lid bulbs; plumbing f~'ture~, water he,tar, healing plants (with any burners, tanks, Itokers lid olher equipment used in 16. conneclion Iherawtth), built-in air conditioning equipment, electronic air ~ter, water softener [] OWNED [] RENTED [] NONE built-in 17. humidifier and ~lehumidE~r, liquid gas tan~ and cofltmll (ff the pmpell'y of Seller), sump pump; attached #idvleion antenna, cable TV j~ck$ and 18. wIHng; BUILT-IN~: dllhwlaherl, garbage ~41po~all, lrllh ce;llplctorl, ~en~, ~ top ttOVll, i~J~l'owlvl oylP, a, ho{3~ fins, intlrcoml; 19. ATTACHED: carpeting; mkrom; garage door Ol~ner~ end iii control; smoke ~tector~; lirepisca ecreen$, ~ and heatilators; AND: the following 20. personal property: ./~ 21. 22. 23. all of which pmbefty ~eller has this day agreed to ~etl to Buyer for sum of: ($ ) 25. which Buyer agrees to pay in the following manner: Earnest money of $ ~., 0o0.00 26. and $ ~ cash on ~.t 25, 2002 , the date of closing, and 27. thabalanceof$ .-,,/ .... byflnlicinginlccordancawiththaattachadaddendum: 29. This Purchase Agreement ..[~]...~,?~ ._N~..T subject IO s Conangency Acidendum for sale of Buye~ prope~/. (If sewer i~ IS, ~ee attached addendum.) 30. (If li~,ver is 18 NOT, ISm cloNng of Buyer's property, if any, may still affect Buyer's ability to obtain financing, if financing is applicable.) 32. Buyer ha~ been made aware · - ...... ;-- m~l~ ~7 .......... , 33. Buyer's expef~e. This Purchase Agraemem ~.I8~I~NOT ~ubjecl to an Inepection Addendum. (If answer m IS, ~ee .ttachad addendum.) 35. joined in by ~i~ouse, If lay, ~onveytng me~ketable title, subject to: ....................................... ~'~ ................. 36. (A) Building ind zoning lewl, o~linln~l~, Itlta Ind flderal ragullfione; (B) Reslriclionl relating to use or improvement of lha 37. IxOpefty without effeclive forfeiture I~)vleions; (C) R®sewation of any mineral ~tghts by the State of Minnesota; (D) Utility and 40. (F) Others (Mu~t be ~ in writing): ~/~ 41. [::]..~..U:~ER.~H.A~ U~.!~AYe~$E~R.._.~.~.p.A.~, on date of cioslng any deferred real e~tate taxes (i.e. Green Acres, etc.) or special 43. D BUYER AND ~ELLER 8HALL PRORATE A~ OF TIlE DATE OF Ct, O~l~ [] SELLER 8HAI. L PAY ON DATE OF CLOSING mil insl~llments 45. I~. ~.R..~.~...A~... u~. ~ _E_...U~...R. ?...H~..._.~...p.~.Y.. on date ~f clcalng ,11 ~ I,l:~Clll m.mentm levied ,, of the da of t~is Agreement. 46. [] BUYER ~4~ld.L A~,~UME [] ~EI.LER ~ PROVIDE FOR PAYMENT OF ~<~isl mtle~ent~ ~ es of the date of thl- Agreement 47. for intpmvemli~ that Itlve been ordered by any I~sel, ling aulho~le~. (Seller's provision for payment ~hall be by 54. ~oeclel assessment le i~ued efter the date of this Agreement and on or before the dete of cio~ing, Buyer shall assume payment of 55. [] ALL [] #OHE I'10THEE: of any such ~neclel a~essments, Ind Seller Shall provide for payment on date of ............. 56. ck~ing I;I ALL I'1 NONE [] OTHER: . of any such q)ecial assessments, if such ~clel assessments 57. or e~crow amounts for ~ ~ial a~aelamlita at required by Buyer's lender shall exceed $ ].00. oo then either 58. perry may agree in miring on or before the date of cioNng to m~urne, ~ or provide for the payment of such excess. In the absence of 59. such agreement, either party may declera thb Purchase Agreement null and void; the parties shall immediately sign a cancellation of 60. Purchate Agreement and all earnest money paid hereunder shall be refunded to Buyer. PURCHASE AGREEMENT 61. Page2 62. TITL. E & EXAMINATION: Within · eviaence of title, which ~hall include 63. reasonable time after acceptance of this Agreement, Seller Shall provide 64. and levied and Pendinn-~n~,.~.,,,___ proper searches covedng bankruptcies, slate aM federal judgments and liens, ° '~'~'"' ~essments to Buyer or Buyer's designated title service Provider. as follows: 65. /f PrOperty ti ·bltrlcf, Seller shall Provide: (1) a commitment for an owner's policy of title insurance on a current 66. ALTA form issued by ·n insurer licensed to write title insurance in Minnesota. If the Seller chooses to provide an 67. owner's policy of title insurance rather than update an abstract of title, Seller Shall pay the entire premium, title 68. examination fee and the coats of evidence of. ~ for such title insurence policy if no lender's policy is obtained; or 69. only the additional co~t of obfldrtfng · ~muftarteously issued owners PO/iCy if · lander's policy is obtained. (Buyer 70. shall pay the Premium end the title examination fee for the lender's policy); or (2j an abstract of title certified to date. 71. If Seller chooses to update an abstract, ~ eh·Il pay for all abstracting fees. Seller shell surrender any abstract in 72. Seller's possession or control to Buyer at ctoeing. 73. H pro~ le To~rens, Se/let shali Provide, at 6uyer's option and requeet, either (1) · Registered Property Abstract }'4. (EPA} Cert~ to date; or (2) a commitment for on owners l~:dicy of title insurance on a current ALTA 75. an insurer I/ceflsed to write title insurance in Minnesota. Seller shall be form issued by 76. those costs nene~ary to prep·re the RPA or commj~nant' responsible to pay, Under either option, only 77. OPinion or the title ~,, '""""~e Premium ·nd examination fee. Buyer shall, at buyer's option, pay for ·fiber the Altomay,s 78. Seller shall use Se/tar'e best efforts to provide mark·table ~ by the date of closing. In the event Seller has not 79. provided marketable title by the dele of closing, Seller shall have en ·(~ditional 30 80. the ·/tamagve, Buyer may waive ~ defects by written notice to the Seller. In addition to the 30 day exlension, 81. Buyer ·nd SaBer may by mutual agreement further ex'tend the c~c~ing dale. lacking such extension, either party 82. may dectere lt~ Purchase Agreement nul/ ·nd VOid; neither perly Shall be liable for damages hereunder to the Other 83. ·nd ·ernest money shall be refun(:led to Buyer; Buyer and Seller Shall immediately sign a cancellation of Purchase 64. Agreement. 85. BUBO/VISION OF: LAND: If this sale constitutes or requires · subdivision of lind owned by Seller, Seller shell pay 86. ag SUL)(~ expenses end obtain all neoessary governmental approvals. Seller warrants the legal description of 87. the real Pap·fly to be conveyed has been or will be approved for recording as of the date of c~osing. Seller warrants 88. that the buiJcllngs ere or ~ be constructed entirely Within the boundary lines of the propers/. Seller warrants 89. that there is · right of ~ccess to the prop·rD/ from a Public right of way. These warranties shall survive the delivery of 91. Seller warrants that prior fo the cic~lng, payment in full will have been made for all labor, materials, machinery, 92. fixtures or tools furnished Within the 120 deye immediately preceding the closing in connection With construction, 93. ag·ration or repefr of any structure on or improvement to the Property. ~4. Seller warrants that Seller has not received ·ny notice from any governmental }5. proceedings, vicdation of any law, ordinance or regu~. If the property is subject ·uthonty ·s to condemnation ~6. warrants that ~ his not retired any notice from any parson or to restrictive covenants, Seller 7. euchn°tices~bySegerwillbepr°videdtoBu er 3. Setter agrees to allow reasonable acces~ to Y irnmedtstaly, authority ·s to · breech of the covenants. Any ,. the property for performance of any surveys or inspections agreed to herein. RfSK OF LO85: if there is any loss or damage to the property between the date hereof end the dele of closing, for 3. ·ny re·son including fire, Vandalism, flood, earthquake or ecl of God, the ~ of /o~ Ihag be on ,Se/let. If the )-. end vc~, at Buyer's option, ~ eernast money shall be rofum~ to Buyer; Buyer ~ Seller shall immediately sign · T/ME OF E~ENCE: Time is of ltm eseence in this Puroh~e Agreement. ENTIRE AGREEMENT: Th·8 Purctm~ Agreement, eny ~ exh/bit8 ·nd eny ~ or ·mandrnants s/gnacI by ~e part~es, ~ cons~e the entire agreemem belwaon Selilr end Buyer, and 8upe~s any other wr~en or or~ ~greemenle behVeen 8at·er Ind Buyer. This Purctllle AgreefTlent c~n be mo¢lifieci only in writing ~gned by ,Se#er and Buyer. M mone~ry 8um~ Ire dsern~l ~0 be Untt~ ~tes ~urrency for purposes of ~ ~gresment. Buyar or ~ller may be ACCEPTANCE: Buyer may ef(~/vely recluce Itm prooes~ from sele or tna~sa the cesh OUtlay at cJosing. w~ng. The · undere~nds nnd agrees It~ Ud~ Purcha~ Agreement is subject Clehvery of ~li papar8 end monies ~ be ~ at the lis~/ng broker's ofitce. I0 Icceptance by Seller in DEFAULT: if Buyer defeu~ in ·ny of lhe agreements herein, Seller may terminate this Purchasa Agreement, ·nd ~/mente made hareunder may be reta/ned by 8attar ·8 /iquidetad demages. If this Purchasa Agreement is not so erminated, BUyer or Seller may Seek ~ denmges for breich of this Agreement or specific performance of this ,greement: Ind, ·s to specific perfommn~e, such ~ction must be commenced within elx monks atter such right of PURCHASE AGREEMENT 117. Address 4833 O~ive=l:I.t~, A3~o. 118. Page3 Date,Tune 24, 2002 119. Buyer shall pay, I'll PRORATED FROM DAY OF CLOSING, [] __ 12THS, I'-I ALL, [] NONE reel estate taxes ~lue an~l payable in the year 2002 120. Seller shall pay,{'~ PRORATED TO DAY OF CLOSING, D 12THS l-I ALL,I-I NONE real estate taxes clue end payable in the year20•2 If the 121. closing date is changed, the real estate taxes paid shell, if prorated, be adjusted to the new closing date. Seller warrants taxes due end 122. payable in the year will be [~.FUU. D~A~R?.D.._N?.N- homestaacl clsssifl.tion. If part or non-homeetead classification is checked, 123. Seller agrees to pay Buyer at closing $ 0.00 124. toward the non-homestead real estate taxes. Buyer agrees to pay any remaining balance of non-homestead taxes when they become 125. due and payable. Buyer shall pay real estate taxes due and payable in the year fOllOwing cdc)sing and thereafter, the payment of which is 126. nOt otherwise herein provided. No representations are made concerning the amount of subsequent reel estate taxes. 127. POSSESSION: Seller shall deliver pommssion of the properly not latec than &u~mat. [5~ 2002 after closing. 128. All interest, homeowner association dues, rents, fuel oi, Ikluid paln~eum gas and all charges' for city water, city sewer, electricity, and 129. natural gas shall be prorated between the pmties es of date of closing. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL 130. PROPERTY NOT INCLUDED HEREIN from the property by possession date. 131. ENVIRONMENTAL CONCERNS: To the best of the Seller's knowledge there ere no hazardous substances, or underground storage 132. tanks, except herein noted: ./A 134. SELLER WARRANTS THAT THE PROPERTY IS DIRECTLY CONNECTED TO: CITY SEWER [] YES [] NO I CITY WATER[] YES [] NO 135. ~]..~..E...LL.Eic~R~ B..U..T .E.R AGREES TO PROVIDE WATER QUALITY TEST RESULTS IF REQUIRED BY GOVERNING AUTHORITY AND/OR LENDER. 136. ~.8Ei~.E~R ~,~BU..YER AGREES TO PROVIDE, F REQUIRED BY THE TERMS OF THIS PURC~La, SE AGREEMENT OR BY GOVERNING 137. AUTHORITY AND/OR LENDER, A UCENSED INSPECTOR'8 SEPTIC SYSTEM INSPECTION REPORT OR NOTICE INDICATING IF 1:38. THE SYSTEM COMPUES WITH APPLICABLE REGULATIONS. NOTICE: A VAUD CERTIFICATE OF COMPLIANCE FOR THE 139. SYSTEM MAY ~I~TISFY THIS OBUGATION. NOTHING IN UNES 135 TO 135 SHALL OBUGATE SELLER TO UPGRADE, REPAIR OR 140. REPLACE THE SEPTIC SYSTEM UNLESS OTHERWISE AGREED TO IN THIS PURCHASE AGREEMENT. 141. BUYER HAS RECEIVED THE WELL DISCLOSURE STATEMENT OR A STATEMENT THAT NO WELL EXISTS ON THE PROPERTY, 142. AND A SEPTIC SYSTEM DISCLOSURE STATEMENT ON A STATEMENT THAT NO SEPTIC SYSTEM EXISTS ON OR SERVES THE 143. PROPERTY, AS REQUIRED BY MINNESOTA STATUTES. 144. SELLER WARRANTS THAT CENTRAL AIR CONDITIONING, HEATING, PLUMBING AND WIRING SYSTEMS USED AND LOCATED ON 145. SAID PROPERTY WILL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT AS NOTED IN THIS AGREEMENT. 146. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO ESTABLISH THAT THE 147. PROPERTY I~ IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF PURCHASE AGREEMENT. SELLER AGREES 146. TO .OTIFY BUYER .~UEO~TELY ,N W.mNG OF ANY SU.STANTIVE CHANGES FROM ANY PRIOR REPRESENTATIONS 146. REG*.DING THE P.YmCAL CONOmON OF THE PROPERTY. 155. BUYER ACKNOWI. E~ES T~T NO ORAL REPRESE~ATIONS HAVE BEEN M~E REGARD,NG ~OSS,BLE PROBLEMS O~ 151. WATER IN ~SEMENT, OR D~AGE CAUSED SY WATER OR ~CE BU~LD-UP ON ROO~ OF THE PROPERTY AND BUYER RELIES IS=. SOLELY IN THAT ~G~D ON T.E FOLLOWING STATE~E~ S¥ SELLER: I~. SEU.~R ~ .AS~....~S NO/[.~ A w~r ~SE~.T ARD~..AS~s.NOT~L~ .OOF. W~.L OR CE,LI.~ ~ C^US~D ~Y W^TE. ,54. OR ~CE BU~LD-UP. BUYER {~].HAS~.a~HAS.NOT RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT. 155. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPAUTY. 155. NOTICE 157. St. ev~ aot=~o~ is •.Sell~,~ Agent.l-iBuye~$ ~ Dual .Agent ~ F~I~ 159. · ~ ~l~¢s ~ ~ BW~s ~ ~1 ~= ~ Fa~litator I~. ~} ................................................ ~) 161. THIS ~CE ~8 ~T ~S~ MINN~OTA STA~Y AGENCY ~8CL~E RB~UIR~M~N~. 162. DUAL AGENCY REPRESENTATION 163. PLEASE CHECK ONEOF THE FOLLOWING SELECTIONS 164. [] Dual Agertcy mpreeenl~Jon DOES NOT iGply in this transaction. Disregerd lines 165-178. 165.[] Duel Agency rePresentm~ ~ ~ in U~ tmmactim. ~ me disc:tceure in .nes 168.178. 166. Bro~er relxesent~ both the Sel~8) and the Buyer(s) of the prc~erty involved in this transection, which cre~e8 a dual agency. This 167. means that Broker and ~ sele~per~=r~ owe fiduciary duties to both Seller(s) and Buyer(a). Bucauee the parties may have conflicting 168, interests, Broker and it~ selespemon$ are prohibited from advocating exclusively for either party. Broker cannot act Is a dual agent in this 169. transection without the consent of both Seller(8) and Buyer(s). Seller(s) end Buyer(e) 8ckn~ that: 170. (1) ~3~fl'clenfiel informafio~ communicated to Broker which regerdl price, tlrml, or motivation to buy or eell will remain con§dentisl 171. unless Seller(s) or Buyer(a) instructs Broker in writing to di~ this information. Other information will be shared; 172. (2) Broker end i~, selespereorm will no{ represent the interest of either pa~ to the detriment of the other; and 173. (3) within the limb of dual ~gancy, Broker end its seleepamorm will work diligently to fanilltate the mechanics of the sale. 174. V~. the knowledge and unending of the txplanation above, Seller(s) and Buyer(s) authorlze~and instruct Broker and its 175. selesperlon$ to act es duat Ig?lt~ s in t/his transection. MN:PA-3 (9/01) 179. Address 180. Page 4 PURCHASE AGREEMENT 4833 Unive3=sit]~ Ave, Date:June 24, 2002 181. I ACKNOWLEDGE THAT I HAVE RECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AND] 182. RESIDENTIAL R.E~, L PROPERTY ARBITRATION AGREEMENT. 1~. SE~ER(S) BUYER(S) / 185. OTHER Th~.e &~=eem,~t..h~11 be m~b~le='c ~ ~ ~Z ~ ~ C~ ~=~Z o~ ~. =~tZ o~ ~.~ 186. Co1~ Hog,hts. Said a~=~l abel1 ~ ~t~ ~n w=~t~n~ no la~= ~ ~Z~ 2002 ~d 187. lt~ ~ ~t/~ooe ~vi~l (8) who m 1~1~ au~o~z~ ~ ~ C~ of Col~ia ~i~hto to 190. Attached are other addenda which are mede a part of this Purchase Agreement. (Enter total number of pages of this Purchase 191. Agreement, including addenda, on line 2 of page 1.) 192. I, the owner of the property, ~ccept b~i. Agreement and I agree to pumha~e the property for the price and in accordance 193. luthod~e the Mng broker to withdraw eaid property from withtfletermaandcondition~etferthabove. 194. the m~et, ufllee~ Ink, acted eb'm~d~e in writing. I have reviewed all page~ of~i8 Purchase Agreement. 195. I have reviewed all page~ el thi~ P~mh~e Agreement. (sel~ Signature) (D~te) (Buyers Sign,turn)' ' / 2~)ate) 197. Xet~be=t A. l~z=i- (S~II¢i Printad Nlme) X C:Lt~, of CoX%mb:L& He~ht.o (Buyers P~nted Name) 198. X X (Social Security Number-optional) (Marital Status.) (Social Securtly Number-optional) (Marital Status) 199. X X (Sellers Signature) (Dote) (Buyers Signature) (Date) 200. X X (se~lere Primed Name) (B~ye¢l Emil Nlml) 201. X X (Soc~l Security Number-optional) (Marital Status) (seeJal ~ecurtly NI. mlber-o~tioflll) (Marital St=tut) 202. FINAL ACCEPTANCE DATE 203. 204. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DE~IRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFF..e~IONAL. MN:PA-4 (9/01) sc //er- / Z~',O Z. Pr~_ _ _ _-~d_ _ wl~ Z4~ ~nTM by RE F~IN~. U.C 1~025 FlltNn Mile Raegl, Clin~ TO~. M~thig~n 4~;~3~. (~00) ~ Addendum to Purchase Agreement between parties dated ~ 24 4833 Or~.~'sSty &Ye., CoZ~mb~.a He.i. ghta~ ~ 55421 Addendum to Purchase Agreement Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards This form is approved by the Minnesota A~sociation of REALTORS~, which cliscinim~ sm/liability arising out of u~e or misuse of this form. O2000, Minnesota Al$ociation of REALTORS~, Edina, MN Date ~ 24, 2002 Page ,2oo2 pertaining to the purchase and sale of the property at Section I: Lead Warning Statement Every purchaser of any interest in residential real Property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, end impaired memory. Lead poisoning also poses a particular risk to pregnant women. The set/er of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to pumhase. Seller's pi~cloeure (/n~/a/) _'~. ]~ ' (a) Pr~ence of lead-based paint and/or le-~-based paint hazards (check one below): [] Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). ' (b) Salter has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Records and reports evaiiabia to the seller (check one below): Seller h~ I:~ovidad the purchaser with all available records end reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). J~ S~ller has no relx~ts or records I:~tainlng Io lead-based paint and/or lead-based paint hazards in the housing. Pumha~er'l Acknowled~ (initial) (c) Purchaser has received copi~ of all information listed under (b) above. ~.~ (d) Purche~r has receNed the pamphlet Protect Your Family from Lead in Your Home. (e) Pumser has (check one below): [] Received a 10-day opportunity (or mutually agreed upon period) to ~:.~luct s rlek assessment or inspection for the presence of k~ld-blled paint and/or/eld-based paint h~zsrds (If checked, ~ ,~-'tion I/below); or [] Waived the oppo~ to comaJct · risk a~esement or inspection for the presence of lead-based paint and/or _~~lcen.ee'~ Ac~ (initial) Real estate licensee has infommd the seller of the M~ller's obligations under 42 U.S.C. 4852(d) and is aware of licensee's responsibility to ensure compliance, Cerllflcatio~ of Accuracy So#or Q:i. Lboz'~. A. H&t'z'~.o 'Date Purchf~er C~.~.Sr o£ ~6].un,bk~t Ho4ght:o Date BUYER PURCHASING "AS IS" ADDENDUM This form approveri by the Minnesota Association of REALTORS~), which disclaims any liability arising out of use or misuse of this form. ©2000, Minneaota Association of REALTORS~), Edina, MN 1. Date Ju=e 24~ 2002 2. Page 3. Addendum to Purchase Agreement between parties dated Ju,-~e 24 ,2002 4. purchase and sale of the property at 4833 Ot~.ver,,&L-7 &veI ~ Colmabia~ ].leic~htlf ~ 5. pertaining to the 55421 6. CONDITION OF PROPERTY: The property being purchased by Buyer, including the dwelling, other 7. improvements, fixtures appliances and personal property, is not new, and is being purchased "AS IS." 8. RIGHT AND DUTY OF INSPECTION: Buyer shall have the right and duty to inspect the property or to 9. have them inspected by a person of Buyer's choice, at Buyer's expense. Buyer shall have the right to make 10. a pre-closing inspection of the property, to determine that the property is in the same condition as of the date 11. of this addendum. 12. SETTLEMENT IS FINAL: It is understood the Buyer accepts the property "AS IS." ANY WARRANTIES OF 13. PHYSICAL CONDITION OF THE PROPERTY CONTAINED IN THIS PURCHASE AGREEMENT ARE 14. VOID. The Seller has no further responsibility or liability with respect to the condition of the property. This 15. provision shall survive delivery of the deed or contract for deed. 16. OTHER: (Seller) Gi/.l:m~t. A. llaz~is '1Date) (Buyer) C&L-y o~* CoXtambi& il~Lght.~ (Date) 18. 19. 20. (Seaer) (Date) (Buyer) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN:BPAIA (9~00) byRE Fem~iN~, (Date) MAYOR, CITY MANAGER AND CITY TREASURER S~IALL BECOME A CHECK PAYABLE TO THE PAYEE NAMED FOR THE AMOUNT STATED. THE CITY IS EXEMPT FROM PAYMENT OF ALL FEDERAL EXCISE TAXES (41-6005069) ONE THOUSAND AND 00/100 ORDER-CHECK CITY OF COLUMBIA HEIGHTS 590 40th Ave. N.E. Columbia Heights, MN 55421-3878 (763) 706-3600 DATE o6/~.6/~.oo~. DOLLARS CHECK NO. 98742 .o. 098742 NORTHEAST STATE BANK COLUMBIA HEtGHTS OFFICE COLUMBIA HEIGHTS, MINNESOTA 55421 AMOUNT $1,000.00 17-13/91(~ PAYTO DEALERS REAL ESTATE & LAND OFF THE 3989 CENTRAL AVENUE NE ORDER OF COLUMBIA HEIGHTS MN 55421 VENDOR 003595 DEALERS REAL ESTATE & LAND OFF 06/26/2002 Check 98742 FLTND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT 101.00.15500 062602 EARNEST MONEY-4833 1,000.00 TOTAL 1,000.00 CITY OF COLUMBIA HEIGHTS · COLUMBIA HEIGHTS, MN 55421-3878 '/ THE M~NUTES OF THE ~l~- ~-' TELECOMMUNICATIONSFRoM c° IssI°NThese, minutes not approved. The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Dennis Stroik, Dave Mahoney, Bob Buboltz,, and Reuben Ruen Council Representative: Bruce Nawrocki (not in attendance-at League Conference) City Representative: Linda Magee Legal Counsel: Stephen Guzzetta AT & T Broadband Rep: Kathi Donnelly-Cohen APPROVAL OF MINUTES Motion by Bob Buboltz, second by Reuben Ruen, to approve the minutes from the meeting of April 18, 2002. All ayes. OLD BUSINESS A. Channel Check Everything was ok except for the wavy message bar on the educational access channel. B. Correspondence Log and Complaint Follow Up. There were no complaints received by the City since the last meeting Status of Cease and Desist Order to AT & T A copy of a letter from Dave Seykora dated June 5, 2002, was enclosed in the agenda packets regarding the arbitration provisions in the customer service agreement policies. Although, AT & T still believes the provisions are lawful, they have not invoked the arbitration clause in any dispute in the Minnesota/Wisconsin area since the provisions were added to the CSA. Mr. Seykora stated that another distribution of the CSA will be sent to customers this fall and revisions are being made to the arbitration provisions in the agreement. Mr. Seykora asked that all systems hold any enforcement activities pending the review of the revised arbitration provisions which will be provided to the attorneys prior to implementation. Steve Guzzetta reported that Ramsey/Washington has issued an order of non compliance which may change AT & T's position on this issue. At the joint meeting, AT & T had agreed to make changes to the CSA and thought that all the systems agreed with this. He will keep us informed of any new developments. TELECOMMUNICATIONS MEETING June 20, 2002 Page 2 Other Old Business There was no other new business. NEW BUSINESS Receipt of Franchise Fee Payment for 1st Quarter A copy of the fl:anchise fee payment for 1st quarter was received and included in the agenda packets. Re.solution Denying without Prejudice, the Application of AT & T Corp for Approval of the Transfer of Control of the Cable Franchise of AT & T Broadband This issue was not discussed at this meeting. There has been an extension granted to review additional information that has been submitted by AT & T regarding this issue. It will be addressed at the July 18th meeting. New AT & T Broadband Interact AT & T began offering a new option for high-speed internet service in May to certain areas. The new faster service will provide speeds up to 3000 kbps downstream and 384 kbps upstream compared to the previously offered speeds of 1500 kbps downstream and 300 kbps upstream. The price for the new service is $89.95month with a leased modem and $79.95/month for those with their own modems. The upgrade can be made with just a phone call, and should be available in this area in July. MACTA Summer Seminar The MACTA Summer Seminar will be held July 22-23 at the Radisson Hotel in Duluth, MN. Anyone interested in attending contact Shelley or Jean by Monday, June 24, 2002 to register. A copy of the brochure was enclosed in the agenda packets indicating the topics being covered. Changes to Basic Cable Rates and New Packages Being Offered AT & T will implement a change in the monthly service rate for certain video offerings beginning July 1, 2002. We were previously notified that adjustments would be made to the Basic rate in the March filing of FCC Form 1240 and the equipment rates in the FCC Form 1205. While the basic rate is increasing, the rate for Standard Cable will not change. Additionally, AT & T will offer two new Digital Value Packages for its customers, adding more channels and revising the previous three tiers into two. Kathi explained some of the changes and additions being made. TELECOMMUNICATIONS COMMISSION MEETING June 20, 2002 Page 3 F. AT & T's Current Reporting of Telephone Statistics A copy of a letter sent to Mr. Seykora on behalf of Bumsville/Eagan and the South Washington County Telecommunications Commissions was enclosed in the agenda packets. This letter advised that current reporting of Telephone Statistics is unacceptable, and therefore, is a noncompliance issue that needs to be addressed. The letter requests that a written plan for remedying the above-referenced noncompliance issue must be provided by Wednesday, June 26, 2002. Kathi stated they are in the process of putting the requested information in writing and are also looking at changing procedures at the call centers and possibly splitting them somehow. She will report back on any changes that are implemented. G. Other New Business There was no other new business. REPORTS Ao Report of Commissioners Education-We never received any videos from the grant money we gave the school district. Dennis will look into this and report back to the commission. Government- Nothing to report Library-Nothing to report Public-Nothing to report B. Report of AT & T Broadband- Kathi reviewed the reports and answered questions for April and May 2002. C. Repprt of the Cable Attorney Steve Guzzetta reported that comments had been filed with the FCC regarding the Cable Modem Proceeding on behalf of the local systems. It was argued this is part of the information system that should fall under the franchise and be controlled by the franchising authority, and that fees should be paid to these cities. Steve reported that the FCC issued a Proposed Rule Making Guideline that addressed several issues including rates for Digital Basic Service and commercial rates charged to businesses for various services. D. Report of the Assistant to the City Manager Linda had nothing further to report. Motion by Reuben Ruen , second by Bob Buboltz , to adjourn the meeting at 7:30 pm. All ayes. Respectfully submitted, · Shelley Hanson Secretary