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HomeMy WebLinkAboutSeptember 23, 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. cohmtbia-heights.mn, us ADMINISTRATION September 20, 2002 Mayor Gary £. Peterson Councilmembers Marlaine Szurek dulienne Wyckoff Bruce NawrocM Robert ~4. Yg'tlliams Cib/ Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, September 23, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements~ (TDD/706-3692 for deaf or hearing impaired only) Invocation: Heidi Albrecht, Youth Coordinator of Saint Matthew's Church 1. CALL TO ORDER/ROLL CALl. 2. PLEDGE OF ALLEGIANCE e ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations 1) Domestic Violence Awareness Month 2) Polish-American Heritage Month B) Presentations - none C) Introduction of New Employees - none D) Recognition - none CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Minutes for Approval a) City Council meeting of September 9, 2002 MOTION: Move to approve the minutes of the September 9, 2002, regular City Council meeting as presented. b) City Council meeting of September 11, 2002 to Canvas Primary Election result.*. MOTION: Move to approve the minutes of the September 11, 2002 City Council meeting to Canvas Primary Election Results 2) Establish Budget - Work Session Meeting Dates and Central Avenue Special Assessment Levy Hearing date THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES EQUAl OPPORTUNITY EMPlOYEr t~ay t~ouncu ,~genaa September 23, 2002 Page 2 of 5 a) Budget - Work Session meeting dates MOTION: Move to establish Work Session meeting dates for Monday, October 7, 2002; Monday, October 21, 2002; Monday November 2, 2002; and Monday November 18, 2002 beginning at 7:00 p.m., in City Hall Conference Room 1. b) Central Avenue Special Assessment Levy Hearing Recommended Motion: Move to establish Thursday, October 10, 2002 at 7:00 p.m. as the Public Special Assessment Levy Hearing for City Project,//9912-A, Central Avenue Streetscaping and Water Service Improvements, to be held in the City Council Chamber. Alternate Motion: Move to establish Tuesday, October 15, 2002 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project 2002-02, Zone 6A Street Rehabilitation, to be held in the City Council Chamber and establish Monday, October 15, 2002 at 8:30 p.m. as the Public Special Assessment Levy Hearing for City Project, #9912-A, Central Avenue Streetscaping and Water Service Improvements, to be held in the City Council Chamber. 3) Adopt Resolution No. 2002-60, being a Resolution desi, ,treating elections judges for the 2002 General Election MOTION: Move to waive the reading of Resolution No. 2002-60, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2002-60, being a Resolution designating election judges for the 2002 General Election. 4) Approve payment of the 2002 League of MN Cities Membership Dues MOTON: Move to authorize payment to the League of Minnesota Cities for 2002 membership dues in the amount of $10,823. 5) Authorization to purchase/install five circulation pc workstations at the Librar~_r MOTION: Move to purchase and to install hardware and software necessary to replace five circulations pc's at the Library from the Anoka County Library and Barcode Discount Warehouse based on available State and County contract prices and obtained quotes; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 6) Adopt Resolution No. 2002-58, being a Resolution authorizing execution of the grant agreement supporting the "Buckle Up Teens" program through the Office of Traffic Safety, Minnesotn Department of Public Safety MOTION: Move to waive the reading of Resolution No. 2002-58, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2002-58, authorizing execution of the grant agreement supporting the "Buckle Up Teens" program through the Office of Traffic Safety, Minnesota Department of Public Safety. 7) Approve 2004-2005 Applications for the Columbia Heights After School Enrichment Prograi;~ (CHASE) and 2Ft Century Grant MOTION: Move to authorize staff to apply for both the After-School Enrichment grant and the 21st Century Grant. ~..~ty ~ounml Agenc~a September 23, 2002 Page 3 of 5 8) Authorize final payment for Sullivan Park Building Roof, Project 0106 MOTION: Move to accept the work for Sullivan Park building Roof, City Project 0106; and, to authorize final payment in the amount of $350.00 to Superior Roofing Construction, Inc. of Minneapolis, MN. 9) Approve Change Order//2 and Final Payment for the Zone 5 Street Rehabilitation Proiect~ MOTION: Move to authorize final Change Order No. 2 for addition of water and sewer services, Wargo Court retaining wall, sanitary sewer, water main, and storm sewer system improvements and purchase of excess Class 5 to the Zone 5 Street Rehabilitation, City Project 0017, 0018 and 0102, to Palda and Sons, Inc. in the amount of $42,590.06 to be funded out of Private Funds - Community Development ($11,048.00), Water Utility Fund, 604-50102-5130 ($3,316.00) Storm Water Utility Fund, 604-50102-5130 ($6,000.00) State Aid Maintenance Fund, 212-43190-5130 ($961.36), Street Department, 101-43121-2160 ($1,500.00) and Sanitary Sewer Utility Fund, 602-50102-5130 ($19,164.70). MOTION: Move to accept the work for 2001 Street Rehabilitation Projects in Zone 5, City Project Numbers 0017, 0018, and 0102; and authorize final payment of $62,781.10 to Palda and Sons, Inc. of St. Paul, Minnesota. 10) Adopt Resolution No. 2002-59, being a Resolution to establish city share and amounts of special assessments on projects to be levied MOTION: Move to waive the reading of Resolution No. 2002-59 there being ample copies available to the public. 11) MOTION: Move to adopt Resolution No. 2002-59, being a Resolution establishing amount of City share and Amount of Special Assessments on Projects to be levied. Authorize Call for Bids for Sale of 322 Summit Avenue MOTION: Move to authorize staff to call for bids for the sale for 322 Summit Avenue. 12) Establish Hearing Dates for License Revocation of Rental Properties MOTION: Move to establish a heating date of October 14, 2002 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Dale Frenzel at 3732 3rd Street NE. MOTION: Move to establish a hearing date of October 14, 2002 for revocation or suspensions of a license to operate a rental property within the City of Columbia Heights against Maudce Weaver at 3725 Main Street NE 13) Approve Rental Housing License Application.q MOTION: Move to approve the items listed for rental housing license applications for September 23, 2002 14) Approve Business License Application.q MOTION: Move to approve the items as listed on the business license agenda for September 23, 2002 as presented. 15) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 99875 through 100084 in the amount of $1,230,315.25. city ~ouncll ~genaa September 23, 2002 Page 4 of 5 6. PUBLIC HEARINGS A) Public Hearing called for the Local Law Enforcement equipment Block Grant MOTION: Move to waive the reading of Resolution No. 2002-56 there being ample copies available to the public. MOTION: Move to close the public heating, adopt Resolution 2002-56, and approve the list of equipment to be purchased with this grant. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 4357 Tyler Place Mayor Peterson to close the Public Hearing, as 4357 Tyler Place has been brought into compliance with the Residential Maintenance Code. c) Public Hearing called for Revocation Suspension of Rental Housing License at 1207-12-8 Circle Terrace Blvd NE Mayor Peterson to close the Public Heating, as the 1207-1208 Circle Terrace Blvd NE property owner has corrected all deficiencies inside the building and has received an extension to complete the work on the outside of the building. e ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Continuation of Resolution 2002-55, being a Resolution approving a lot split of the property at 3906 Reservoir Boulevard NE MOTION: Move to waive the reading of Resolution No. 2002-55, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2002-55, being a resolution approving a lot split of the property at 3906 Reservoir Boulevard NE B) Bid Considerations - none C) Other Business 1) Authorize counter proposal number one for property at 4849 Central Avenue NE MOTION: Move to authorize the Mayor and City Manager to enter into a contingency offer for the property at 4849 Central Avenue N.E. based on the revised purchase agreement. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attomey e GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the Park and Recreation Commission held August 28, 2002 2) Meeting of the Economic Development Authority held August 20, 2002 3) Meeting of the Housing and Redevelopment Authority held August 20, 2002 4) Meeting of the Public Library Board of Trustees held September 3, 2002 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.) Llty Louncll ^genera September 23, 2002 Page 5 of 5 11. COUNCIL CORNER 12. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm PROCLAMATION OF OCTOBER 2002 AS DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and WHEREAS, over 50,000 women and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and WHEREAS, domestic violence will be eliminated through community partnerships of concemed individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community can do to eliminate its existence. NOW, THEREFORE, BE IT RESOLVED that Mayor Gary L. Peterson proclaims October to be Domestic Violence Awareness Month. Passed this __ day of September 2002 Offered by: Second by: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk PROCLAMATION POLISH-AMERICAN HERITAGE MONTH OCTOBER 2002 WHEREAS, October is Polish-American Heritage Month, which is a national celebration of Polish Heritage. This observance also recognizes Polish culture and pride in cooperation with the Polish-American Congress and Polonia across America. WHEREAS, the Polish American Heritage Month Committee is celebrating their Twenty-first Anniversary of is founding since being recognized in Philadelphia, Pennsylvania. The purpose of the Committee is to bring attention to the contributions of Poles and Polish Americans to the United States and world history. WHEREAS, in 2002, the 211th Anniversary of Poland's Constitution is being observed. WHEREAS, the City of Columbia Heights has many residents who take pride in their Polish heritage, ancestry, and traditions. WHEREAS, our Columbia Heights/Lomianki, Poland, Sister Cities Intemational Committee is celebrating the 11 th anniversary of our special relationship. In 2002 this Committee has provided or sponsored various civic, educational, cultural and humanitarian activities. WHEREAS, the Sister Cities emblem at our gateway Park is an impressive reminder of our commitment to international friendship. We share the ideals of pride and patriotism with all. NOW, THEREFORE, BE IT PROCLAIMED, that I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby designate October as: Polish American Heritage Month in Columbia Heights, Minnesota. Mayor Gary L. Peterson OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 9, 2002 THESE M NUTES HAVE BOI BEEN AP PRQV_ED_, Pastor Bob Lyndes, St. Timothy's Lutheran Church, gave the invocation. CALL TO ORDER/ROLL CALL Mayor Peterson called the meeting to order at 7:05 p.m. Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Williams, Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA -none PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS -none CONSENT AGENDA Walt Fehst, City Manager, described the following consent agenda items: 1) Minutes for Approval Motion to approve the minutes of the August 26, 2002, regular City Council meeting as presented. 2) Adopt Resolution No. 2002-52, being a Resolution adopting a proposed budget for the year 2003. setting the proposed City Levy, approving the HRA Levy, approving a tax rate increase, and establishing a budget hearing date for property taxes payable in 2003. Nawrocki asked if the meeting to be set in December was the Truth in Taxation meeting. Fehst indicated yes. Nawrocki stated that according to the City Charter the budget should be received in August, not just a summary as was received. Nawrocki stated that the expenditures are proposed to increase 7. 6percent and that during the budget process he would look for ways to reduce that to 3.5 percent. He stated his trust that any proposal for utility rate increases would be discussed. Nawrocki requested information on the City's comp time policy, and how much comp time has been used this year. Williams indicated this action would only approve the maximum levy, and Council would be looking at budget details in the next few months. (Resolution No. 2002-52 attached at the end of this document) Motion to waive the reading of Resolution No. 2002-52, there being ample copies available to the public. Motion to adopt Resolution 2002-52, being a Resolution adopting a proposed budget, setting the City, Library and EDA proposed local levy at $4,817,984, establishing a budget hearing date for property taxes payable in 2003 for December 2, 2002 at 7:00 p.m. in the City Council chambers, approving a tax rate increase, and approving HRA levy of $111,648. 3) Approve Contract for Industrial Park Redevelopment Master Plan with HKGi (Koegler) Removed City Council Agenda September 9, 2002 Page 2 of 8 4) Approve School Liaison Officer Contract Motion to authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 3, 2002 through June 6, 2003. 5) Establish Public Hearing date for 2002-2003 Law Enforcement Equipment Block Grant Motion to establish Public Hearing date of September 23, 2002 at approximately 8:00 p.m. in order to give final approval to a list of equipment to be purchased using the 2003 Federal Equipment Block Grant. Nawrocki stated that at the work session it was indicated these would not be items on any list of anticipated department needs. He realized the money could not be used for items already approved, but felt it couM work off needs for next year or the year after, instead of a department wish list. 6) Authorize Final payment for 2001 Sanitary Sewer Lining, Project 0103 and 0104. Motion to accept the work for 2001 Sanitary Sewer Lining, City Projects 0103 and 0104 and, to authorize payment of $56,540 to Lametti and Sons, Inc. of Hugo, MN. Fehst listed the streets involved. 7) Authorize Acceptance of State of Minnesota Safety Grant and Authorize Tox Alert Modifications to the MSC Fehst indicated there was a consultant study ordered in 1999for under $3, 000, to look at ventilation and monitoring improvements of the municipal service center. NawrocM stated this should have been approved by Council and asked how many bids were received. Kevin Hansen, Public Works Director, stated two quotes were obtained to do the HCA V analysis. The quality monitoring was for tox alert and pyramid controls. A copy of the quote is available for review. Nawrocki asked if this request is for all or part of the recommendations from the study. Hansen stated there were six recommendations and this improvement is only for one of the recommendations. Hansen stated the problem is fume migration. Motion to accept the Safety Grant award in the amount of $10,000 from the Minnesota Department of Labor and Industry for monitoring and ventilation improvements to the Municipal Service Center. Motion to authorize the bid proposal from Tox Alert in the amount of $20,778.00, dated August 6th, 2002, and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 8) Adopt Resolution No. 2002-54, being a resolution allocating up to $30,369 to the Greater Metropolitan Housing Corporation for the purchase, demolition and construction of a new home located at 4828 5th street -Removed Fehst indicated the purchase is based on the recommendation of the HIM. 9) Adopt Resolution No. 2002-55, being a resolution regarding the Lot Split of the property located at 3906 Reservoir Blvd NE Bob Streetar, Community Development Director, indicated the two homes would have the same setback as the existing homes, and would sell for $200,000 to 250, 000 each. The homes would be zero lot Hne homes with garages in the rear. City Council Agenda September 9, 2002 Page 3 of 8 Wyckoff questioned the lot width. Streetar indicated 60feet. Szurek referred to alternate plans discussed at the Planning and Zoning Commission meeting. A resident has questioned her about the elimination of the easement next to the duplex and asked how cars will get to the existing duplex. Streeter indicated that staff could research this further. Szurek indicated there is a carport adjacent to this and that the owners remembered there was an easement given to them. Peterson stated this would mean the carport would have to be removed, and the driveway would have to be eliminated. Hoeft stated this is only the lot split, with any plans requiring the regular approval process. Fehst suggested tabling the resolution for further research. Motion by Nawrocki to table Resolution No. 2002-55, second by Szurek. Upon vote: All ayes. Motion carried. 10) Establish Public Hearing Dates for License Revocation of Rental Properties at 4357 Tyler Place and 1207-1208 Circle Terrace Blvd NE. Motion to establish a Public Hearing date of September 23, 2002 for revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Maumer Sekizovic at 4357 Tyler Place NE. Motion to establish a Public Hearing date of September 23, 2002 for Revocation or suspension of a License to Operate a Rental Property within the City of Columbia Heights against Joe Tohey at 1207-1209 Circle Terrace Blvd NE. 11) Authorize Signage to Restrict Parking on both sides of 4th Street at 4220 and 4226 4th Street Fehst indicated this recommendation comes from the Traffic Commission. Nawrocki questioned three vehicles on the lot with expired license plates. Staff will check into this. Motion to recommend the City Council designate "No Parking on Wednesday from 7:00 a.m. to 11:00 a.m. on the east side of 4th Street from 20 feet south of the driveway at 4220 4th Street to 20 feet north of driveway at 4226 4th Street and on the west side of 4th Street from 10 feet south to 10 feet north of each driveway at 4220 and 4226 4th Street based on a recommendation of the Traffic Commission. 12) Authorize the preparation of an RFP for Banners and Lighted Decorations on Central Avenue Fehst stated that an alternate bid spec would be included for the flags requested by the VFW. Motion to authorize the preparations of a Request for Proposal for 45 holiday banners and 25 lighted decorations in an amount not-to-exceed $12,000. Project funding is designated as 402-59912-2171. 13) Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 9, 2002 as presented. 14) 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 99651 through 99874 in the amount of $959,188.65. V~illiams asked that item g8 be removed for discussion. City Council Agenda September 9, 2002 Page 4 of 8 Williams read the dollar amount spent by the city for this period, and asked that residents be informed of this amount each month. Wyckoff questioned the payment of $275,000 to Park Construction. Hansen indicated this is the current contractor for street reconstruction. Motion by Nawrocki to approve the consent agenda items, with the exception of items #3, #8, and #9, second by Wyckoff. Upon vote: All ayes. Motion carried. Approve Contract for Industrial Park Redevelopment Master Plan with HKGi (Koegler) - item #3 Randy Schumacher, Community Development Assistant, stated that the Economic Development Authority and the City Council indicated that redevelopment of the Columbia Heights industrial area was their number one goal and priority. He has received telephone calls from property owners, since the moratorium designating certain land use was approved, which were happy that something would be done to improve their image. Seven companies were interviewed. This will be a market driven process, in conjunction with a land use planner and a development company that will work directly for the city, with a team approach. Schumacher referred to items in the agenda packet and the steps to be taken. Council will be addressed on two different occasions to determine if staff and consultants are going in the right direction. The correct overall plan will be $65,430 rather than $65,340 as indicated in the information packet. $50,000 will come from Community Development Block Grant money, with the balance coming from the special project fund. The timeframe is estimated at 90 days, but no longer than 120 days. Szurek indicated that the large number of responses from developers shows there is great potential for this area. }gilliams stated the positive impact improvements would have to our tax base. 1Vyckoff referred to the improvements at Centennial Lakes. She suggested this area could also include housing. Schumacher stated it could be a multi-use area. Wyckoff stated that eminent domain might be required. Nawrocki questioned this action requiring two contracts, which includes a consultant that was not interviewed. Fehst credited Schumacher and indicated the savings by us hiring the consultant rather than a consultant hired by the developer. Nawrocki questioned environmental issues for the industrial area. Schumacher indicated that Phase One addresses this in general terms and if there were contamination, Phase Two would be required. There is a funding source for clean up, if necessary. Nawrocki questioned the preparation of the response action plan, general public meetings and consultant fees. Schumacher explained that the MPCA requires a plan to be in place, so they know what type of remediation actions the city will be taking, and would also be eligible for additional funding. Schumacher indicated that information would be given at City Council meeting, which are all public meetings. Schumacher stated that the consultant and the city must agree in writing and in advance for any changes in the project. Nawrocki commended Mr. Schumacher on the work he has done and his help to understand this process. Peterson also commended Mr. Schumacher for his work on this project and the innovative approach used. City Council Agenda September 9, 2002 Page 5 of 8 Motion by Szurek, second by Williams, to approve the Contract with HKGi (Koegler) for the completion of the Industrial Area Redevelopment Master Plan in the amount of $65,430, of which $50,000 shall be funded from the 2002 CDBG program and the balance from the special projects fund, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. Item #8 Adopt Resolution No. 2002-54, being a resolution allocating up to $30,369 to the Greater Metropolitan Housing Corporation for the purchase, demolition and construction of a new home located at 4828 5th Street Streeter indicated that the owner of 4828 5th Street approached the City regarding the purchase of their property. The property was on the market for $118, 000, so staff contacted the Greater Metropolitan Housing Corp (GHMC), who wilt purchase, tear down and rebuiM a $250,000 home on the site. They have asked the City to pay one-half of the investment cost of approximately $30,000. The home will generate additional property tax. Wyckoff was assured that the home wouM be soM at market rate. Nawrocla' suggested letting the public know that we would be willing to purchase some older homes, and that we would hope to work directly with residents to avoid the realtor fees. Peterson stated that this was not a commission sale. Fehst indicated that we do have a scattered site housing district where we sent letters and asked owners that if they consider selling to give us the right of first refusal. If the home had been on this list, the taxes received would be $2,000 instead of $500. We would like to create more Tax Increment Financing Districts and coordinate with GHMC for redevelopment. Williams indicated that we should put money aside for these purchases. Also, there are private people doing this and we should encourage this. Peterson asked how many homes we have purchased since starting this type of program. Schumacher indicated there have been about 16 homes purchased in last two years. Fehst spoke of the redevelopment on 40th Avenue, and the current process to bid demolition of the two houses on Central Avenue. Motion by Wyckoff, second by Szurek, to waive the reading of Resolution #2002-54, there being ample companies available to the public. Upon vote: All ayes. Motion carried. Motion by Wyckoff, second by Williams, to adopt Resolution No. 2002-54, being a Resolution of the Columbia Heights City Council allocating up to $30,369 to the Greater Metropolitan Housing Corporation (GMHC) for the purchase, demolition and construction of a new home located at 4828 5th Street in Columbia Heights. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2002-54 RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL ALLOCATING UP TO $30,369 TO THE GREATER METROPOLITAN HOUSING CORPORATION FOR THE PURCHASE, DEMOLITION AND CONSTRUCTION OF A NEW HOME LOCATED AT 4828 5TM STREET IN COLUMBIA HEIGHTS, MINNESOTA. WHEREAS, the Columbia Heights City Council through its Comprehensive Plan has established as a goal the preservation of the single-family housing stock. City Council Agenda September 9, 2002 Page 6 of 8 WHEREAS, the Greater Metropolitan Housing Corporation has agreed to purchase the single-family home located at 4828 5th Street, demolish the home and build a new home in its place. WHEREAS, the Greater Metropolitan Housing Corporation has agreed to sell the new home for at least $225,000. WHEREAS, the Greater Metropolitan Housing Corporation has agreed to begin construction of the new home no later than December 1, 2002. THEREFORE, BE IT RESOLVED, that the City Council allocates up to $30,369, from the City's Abatement Fund, to the Greater Metropolitan Housing Corporation for the purchase, demolition and construction of a new home located at 4828 5th Street in Columbia Heights, Minnesota. Passed this 9th day of September, 2002. PUBLIC HEARINGS Rental Housing Revocation for 1231-1233 40th Avenue NE. Peterson asked Assistant Chief Crelly for information on this license. Crelly stated that he met with Talmer Caraway II last Friday to review past events and agreed that the fees imposed were proper. He agreed to pay the $800 with a payment plan of $75 per month. Peterson closed the hearing as the owner has satisfied the inspection department requirements with a payment plan. ITEMS FOR CONSIDERATION Other Business Peterson questioned street reconstruction by Quincy and Adams. Hansen is writing a letter to the contractor based on their meeting last Friday, as Zone 6,4 is three to four weeks behind schedule. Minnegasco and Reliant Gas pushed the project back about two weeks, and the wet weather has been a factor. If schedules are not met, we may go for liquidated damages. Hansen listed the progress of each street in the project. ADMINISTRATIVE REPORTS Report of the City Manager Upcoming Work Session Items · Murzyn Hall outdoor sign · CHASE grant application · Bonding for sewer water utilities · Purchase of pc work stations at the library · Liquor store discussion for 53ra and University and 49th and Central. · Cable Camp video Fehst indicated the desire to have the homes on Central and the gas station on 40tn Avenue demolished by October 23. Fehst indicated there are two openings on the Park and Recreation Commission which need to be filled, as they have had to cancel meetings due to lack of a quorum. Fehst indicated that the term of Mr. DeMars, who was appointed to the Civil Service Commission at the last meeting, would be from August 2002 to April 2005. City Council Agenda September 9, 2002 Page 7 of 8 Peterson asked Fehst to go through the City goals listed in the Council Chamber, which the City Manager did. Fehst indicated concern that nothing is happening at the K-Mart site. He referred to the Madies block being considered for multi-use redevelopment, improvements on Central Avenue, and mentioned the advantages ora community center located closer to the schools. Fehst indicated that staff would hold off on the park study for the first 90 days of the industrial study. Peterson stated that the community should be proud of the major accomplishments for this past year. Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions Meeting of the Public Library Board of Trustees on August 5, 2002 · Meeting of the Planning and Zoning Commission on September 3, 2002 · Meeting of the Traffic Commission on September 4, 2002 CITIZENS FORUM Malcolm Watson, 1717 49th Avenue NE, spoke on behalf of Veterans organizations in the north suburban area, regarding a program to be hem on Wednesday, September 11, at the Fridley High School football stadium in remembrance of the events of9-11-2001. Watson suggested soil tests at the Madies project, as this area was a landfill at one time.. Peterson indicated the community's appreciation of all of our veterans. Deb Johnson, 4638 Pierce Street, referred to a mailing received from Councilmember Williams, questioning the funds spent and the timing of the mailing prior to the Primary Election. Wyckoff stated that this could possibly be brought to the County Attorney. COUNCIL CORNER Nawrocki · It is important to inform the community that a committee is being formed for Central Avenue design guidelines · Actions speak louder than words. Wyckoff · Thanked everyone for their supportive e-mails and phone calls for her campaign. · She encouraged everyone to get out and vote. Szurek · Asked everyone to remember all those who served in WWII and all the wars we were involved in, and their patriotism to never forget the horrible act perpetrated on our country and our people. William · Read from the Bits and Pieces book. · Commented on Central Avenue construction and how nice it looks. City Council Agenda September 9, 2002 Page 8 of 8 Referred to the newspaper article that Deb Johnson quoted from at the last Council meeting and complimented her for bringing it. · Referred to the beautiful terrain he saw on a trip to the Artic. · Asked every to pray for the peace and prosperity of our city. · Remember to vote tomorrow. Peterson · Reminded everyone to vote in the primary Invited everyone to the dedication of a Habitat for Humanity home at 3913 Polk Street on September 14th at 10:00 a.m. · There will be a 9-11 commemoration ceremony at 7:46 a.m. on September 11th at the Police Department flagpole, at Immaculate Conception church at 9:00 a.m., at Assembly of God at 7:00 p.m., and at the Fridley High School football field at 8:00 p.m. · Asked everyone to pray for Fire Chief Charlie Thompson who had emergency surgery at Mercy Hospital. · Don't take ourselves too seriously, enjoy life, love your neighbor, and God bless. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:00 p.m. Patricia Muscovitz, Deputy City Clerk RESOLUTION 2002-52 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2003, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET MEETING DATE FOR PROPERTY TAXES PAYABLE IN 2003. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 2003 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund Parkview Villa North Parkview Villa South Rental Housing HRA Administration State Aid Cable Television Library DARE Project Infrastructure Capital Improvement Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Expense Including Interfund Transfers Expense 8,912,953 363,003 140,569 360,507 213,764 17,309 111,648 171,235 166,974 676,456 8,825 155,120 275,992 1,058,758 497,330 7,208,197 1,667,231 1,314,470 1,537,520 236,172 274,562 2,412,822 27,781,417 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2003: General Fund Community Development Fund Economic Development Fund Parkview Villa North Parkview Villa South Rental Housing HRA Administration State Aid Cable Television Library DARE Project Infrastructure Capital Improvement Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Revenue Including Interfund Transfers Revenue 8,912,953 363,003 140,569 360,507 213,764 17,309 111,648 171,235 166,974 676,456 8,825 155,120 275,992 1,058,758 497,330 7,208,197 1,667,231 1,314,470 1,537,520 236,172 274,562 2,412,822 27,781,417 Section C. The following proposed sums of money are levied for the current year, collectable in 2003, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated General Estimated Library Levy Estimated EDA Fund Levy Total Proposed General Levy Special PERA Levy Total Levy Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2003 in the amount of $111,648. 930,000 3,313,830 433,585 140,569 4,817,984 0 4,817,984 BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget meeting is scheduled for December 2, 2002 at 7:00 P.M. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2003 that is higher than the tax rate calculated pursuant to Minnesota Statutes '275.078 for the city for taxes levied in 2002, collectable in 2003. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 9th day of September 2002. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 11, 2002 THESE MINUTES HAVE NOT BE ,X! APP ,v D. CALL TO ORDER/ROLL CALL Mayor Peterson called the meeting to order at 5:02 p.m. Present: Absent: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Nawrocki Councilmember Williams PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Adopt Resolution No. 2002-57, Canvassing Primary_ Election Returns of September 10, 2002 Motion by Nawrocki, second by Szurek, to waive the reading of Resolution 2002-57, there being ample copies available to the general public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Szurek, to adopt Resolution 2002-57, being a Resolution Canvassing Municipal Primary Election Returns. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2002-57 CANVASSING MUNICIPAL PRIMARY ELECTION RETURNS WHEREAS, the City of Columbia Heights, did on the 10th day of September, 2002, conduct and hold a Primary Municipal Election for the purpose of nominating candidates for one office of Mayor and two offices of Council Member to be voted on at a General Municipal Election on November 5, 2002; and WHEREAS, the City Council of the City of Columbia Heights at a meeting of said Council held on the 1 lth day of September 2002, did canvass the returns and results of said Primary Municipal Election; and WHEREAS, the following results were determined by said canvass of said Primary Municipal Election, to wit: TOTAL BALLOTS CAST IN ELECTION: 3,161 Valid Ballots cast for One Two-Year Mayor Se~t Valid Votes Cast for Two 4- Year Council Seats Buboltz 462 Richard L. Schmidt 588 Ericson 1,361 Julienne Wyckoff 1,226 Overvotes 0 Times Voted Blank 125 Undervotes N/A Gary L. Peterson 1,222 Bob Tammera (Tam) Deb Johnson Bruce Kelzenberg Bob Odden Tom Ramsdell Joseph S. Sturdevant Overvotes Times voted Blank Undervotes 537 1,482 205 567 1,098 0 126 358 City Council Minutes September 11, 2002 Page 2 of 2 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that Gary L. Peterson and Julienne Wyckoff are hereby declared to be the candidates for the 2 year Mayor Seat and Tammera Ericson, Bruce Kelzenberg, Tom Ramsdell and Joseph S. Sturdevant are hereby declared to be the candidates for the two four-year Council Seats at the General Municipal Election to be held on November 5, 2002. Passed this 11th day of September, 2002 Harold Hoium, 5th Street, asked if there were any requests for a recount. Peterson stated he was unaware of any such requests. ADJOURN Mayor Peterson adjoumed the meeting at 5:05 p.m. Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL I,ETTER Meeting of: September 23, 2002 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-2 - ,x. CITY MANAGER' S APPROVAL ITEM: Establish Budget-Work Session BY: Walt Fehst i~E..~~ meeting dates DATE: September 17, 2002 NO: It is recommended that Budget - Work Session Meeting dates be scheduled for City Hall Conference Room 1, beginning at 7:00 p.m. for the following: Community Development, Police and Fire Depts. Administration, General Gov., and Public Works Depts. Finance and Liquor, and Summary of total budgets Final Budget work session - cuts, add-backs and final levy Monday October 7, 2002 Monday October 21, 2002 Monday November 4, 2002 Monday, November 18, 2002 If there are other Work Session agenda items for these dates, they will be announced by the City Manager at the regular City Council meeting preceding the Work Session date. RECOMMENDED MOTION: MOTION: Move to establish Work Session meeting dates for Monday, October 7, 2002 and Monday, October 21, 2002, beginning at 7:00 p.m., in City Hall Conference Room 1. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 9/23/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~./~ ~-x~_ ~ PUBLIC WORKS ITEM: ESTABLISH DATE FOR PUBLIC SPECIAL BY: K. Hansen BY: ASSESSMENT LEVY HEARING, CENTRAL AVENUE DATE: 9/20/02 DATE: STREETSCAPING AND WATER SERVICES: 99-12A Background In the past, the City Council has held the special assessment levy hearing in November. With the procedural change of certifying the assessments to Anoka County for inclusion on the property tax statements, the hearings need to be held on or before October 15, 2002 to be included with the 2003 property tax statements. As part of the public notice requirements, the notice of assessment hearing must be published once in the City Newspaper two weeks prior to the date of the hearing. Staffsent (via e-mail) the Public Hearing Notice to the Focus Newspaper prior to the publication deadline on September 13, 2002. The e-mail was overlooked and not published in the paper two weeks prior to the October 7 heating (Central Avenue), as established by the City Council. Analysis/Conclusions: Staff is recommending re-establishing Thursday, October 10, 2002 for the special assessment levy hearing on Central Avenue and revising Tuesday, October 15, 2002 to 7:30 p.m. for the hearing on Zone 6A Street Rehabilitation project. A short EDA meeting must be held prior to this on Tuesday, October 15, 2002 at 6:30 p.m. at Parkview Villa. An alternate motion has been provided to hold both hearings on Tuesday, October 15, Zone 6A at 6:30 p.m. and Central Avenue at 8:30 p.m. Recommended Motion: Move to establish Thursday, October 10, 2002 at 7:00 p.m. as the Public Special Assessment Levy Hearing for City Project, g9912-A, Central Avenue Streetscaping and Water Service Improvements, to be held in the City Council Chamber and to revise the Public Special Assessment Levy Hearing for City Project 2002-02, Zone 6A Street Rehabilitation to Tuesday, October 15, 2002 at 7:30 p.m. in the City Council Chamber. Alternate Motion: Move to establish Tuesday, October 15, 2002 at 7:30 p.m. as the Public Special Assessment Levy Hearing for City Project 2002-02, Zone 6A Street Rehabilitation, to be held in the City Council Chamber and establish Tuesday, October 15, 2002 at 9:00 p.m. as the Public Special Assessment Levy Hearing for City Project, #9912-A, Central Avenue Streetscaping and Water Service Improvements, to be held in the City Council Chamber. ZH.'jb COUNCIL ACTION: CITY COUNCIL LETTER Council Meetin [ of: September 23 2002 AGENDA SECTION: ~- A-3 ORIGINATING DEPT: CITY MANAGER NO: ELECTIONS APPROVAL ITEM: DESIGNATING ELECTION JUDGES BY: PATTY MUSCOVITZ BY: FOR THE NOVEMBER 5TM WILLIAM ELRIT~ DATE: GENERAL ELECTION DATE: 09/20/02 Attached is a resolution designating election judges for the General Election on Tuesday, November 5, 2002. This follows the basic procedure that has been used in the past. However, we are making one modification. Previously the election judges were broken down into two categories, head judge and election judge, with pay rates of $9.50 per hour and $9.00 per hour respectively. For the General Electionwe are recommending adding a third category of assistant head judge and structuring the pay rates accordingly with the head judge receiving $10.00 per hour, assistant head judge $9.50 per hour, and election judges $9.00 per hour. This structure gives us a better hierarchy in the fact that if at the last minute something occurs and the head judge is unable to make it to the election, we have an assistant in place that could fill in and carry out the head judge election functions. In addition to this, at the Primary Election, a few problems were encountered that we feel could be resolved with a head judge and an assistant head judge. The problems at the Primary Election occurred in two precincts. Apparently election judges were discussing candidates with voters and disclosing background resume information on candidates, at least to the extent of the judge's knowledge of the candidates. At another precinct an election judge or judges were using the election as an opportunity to promote the City and explaining to voters all the "great things" that are happening in the City of Columbia Heights and all the "great things" that are on slate to happen in the City. Both of these types of conduct are unacceptable for election judges. Election judges are in the precinct to follow very rigid procedures to ensure that the election is carried out in accordance with state statutes and other regulations. Election judges should not be visiting with voters and should not be disclosing any information regarding candidates or other City happenings. To insure that these problems do not reoccur in the General Election, staff is recommending two things. One is that we create the assistant head judge position to have a backup to the head judge and an additional person in the precinct to oversee the election judges and any problems that may come about. Second, City staff will be working with Anoka County election staff to provide additional training for the head and assistant head judge positions regarding their roles and what to do when situations arise. RECOMMENDED MOTION: Move to waive the reading of Resolution 2002-60 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2002-60 being a resolution designating election judges for the 2002 General Election. WE:sms 0209201 COUNCIL Attachment COUNCIL ACTION: RESOLUTION 2002-60 BEING A RESOLUTION DESIGNATING ELECTIONS JUDGES FOR THE 2002 GENERAL ELECTION WHEREAS: There is a scheduled election in the City of Columbia Heights and the State of Minnesota; and WHEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A, the Council shall appoint qualified voters of each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the following list of judges, by precinct, for the General Election to be held on November 5, 2002, with an hourly remuneration of $10.00 for head judge, $9.50 for assistant head judge and $9.00 for an election judge. Precinct 1-Murzy. n Hall HJ Faye Cleasby Charlotte Zarich Mona Lundholm Fran Jensen Wanda Heining Darlene Bieljeski Pauline Paflco Mildred Peterson Sandy Engquist Robert Petty Precinct 2-NEI 825 41't Ave HJ Clara Shattuck Mark Emme Joann Kewatt Martin Heining David Szurek Gerry Mrozka Steve Iserman Bradley Schmitt Carol Lawler 530 Mill St. Precinct 4-Highland Elem School 1500 49th HJ Marsha Stroik Mavis Sibell CliffPelton Audrey Olund Mabel Jackson Judy Dettman Stephen Iserman Judy Schendel Laurie Magee Precinct 5-First Lutheran Church 1555 40th HJ Edna Miracle Pat Weber Nancy French Irene Ricci Dolores Roman Richard Meixner Sharon Ruettimann Lorrie Nalezny Joan Kinde Marion Bemard Precinct 3 -Parkview Villa 965 40th Ave HJ Muriel Nichols Laura Lindahl Delores Jacobsen Ruth Hillestad Charles Helland Otto Lausten Lorraine Malisheski Patricia Klimek Barb Karol Barbara Jean Black Precinct 6-Highland Elem. School 1500 49th Ave HJ Judy Lee LaVonne Seim Barbara Elrod Delores Marquette Kay Mayer Eva Pelton Marion Cellette Joan_ne Nelson Betty Koemer Doris Sunheim Precinct 7-Valley View Elem HJ Kay Handley Ann Kronstedt Rose Corbett Donna Schmitt Jeanette LeBlanc Joan Fuhrman Marlaine Szurek Allison Rime William Burgoyne 800 49th Ave Precinct 8-Valley View Elem HJ Pat Jindra Mary Dowdle Noranda Anderson Ken Kronstedt Ruby Hawkins Dick Corbett Margaret (June) Riley Irene Sunt Tom Howard Carol White 800 49th Ave Passed this day of September 2002. Offered by: Seconded by: Roll call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: September 23, 2002 AGENDA SECTION: ~,,s~ ,~' ORIGINATING DEPT: CITY MANAGER NO: .~ -/~ - c( Administration APPROVAL ITEM: 2002 League of MN Cities BY: Walt Fehst BY.' ,..,-/'~ Membership Dues NO: DATE: September 17, 2002 Background: Attached is an Invoice from the League of Minnesota Cities for the year beginning September 1, 2002 Membership Dues, in the amount of $10,823. This is a three percent increase over last year ($10,288). Recommendation: MOTION: Move to authorize payment to the League of Minnesota Cities for 2002 membership dues in the amount of $10,823. COUNCIL ACTION: C 145 University Avenue West, St. Paul, MN 55103-2(Jz~4 Phone: (651) 281-1200. (800) 925-1122 Fax: (651) 281-1299 Web Site: http://www.lmnc.org To: From: Date: Re: Mayor, Administrator, Clerk James Miller, Executive Director September 3, 2002 2002 Dues Increase SEP 5 2002 I want to personally comment on your enclosed League of Minnesota Cities dues invoice for the year beginning September 1, 2002. At its August 22nd meeting, the League Board approved a 3% dues increase for the coming year. The Board had authority from our membership to increase dues by up to 5%, but felt that a more modest increase was appropriate given the State's budget deficit and the resulting uncertainty that creates for state aid payments next year, and the constraints on many cities caused by very low levy limits. I want you to know that the entire staff, the Board, and I greatly appreciate your support and we pledge our best efforts in this coming year to make sure you receive the value from your membership you deserve. Thank you for your membership. Please call me if you have any questions. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER League of Minnesota Cities Cities building quality communities through excellence in governance, management and services to citizens MINNESOTA CITIES Building Quality Communities City- Columbia Heights Population: 18,529 Membership Dues Invoice Effective during 2002-2003 Cities with a population of: 249 OR LESS ..................................................................................... $270 250-4,999 ...................................... $94 PLUS 71.44 CENTS PER CAPITA 5,000-9,999 ................................ $746 PLUS 58.38 CENTS PER CAPITA 10,000-19,999 ............................ $1,613 PLUS 49.71 CENTS PER CAPITA 20,000-49,999 ............................ $5,517 PLUS 30.19 CENTS PER CAPITA 50,000-299,999 ........................ $16,332 PLUS 8.56 CENTS PER CAPITA 300,000 AND OVER ................. $27,529 PLUS 4.84 CENTS PER CAPITA (This schedule adopted ~4ugust 22, 2002. Total rounded to nearest dollar.) For membership dues in the League of Minnesota Cities for the year beginning September 1, 2002. Annual dues for membership in the League of Minnesota Cities includes subscription at $32 each to Minnesota Cities magazine. Pursuant to the disclosure requirements of Minnesota Statutes 1996, Section 6.76, the proportionate amount of dues spent for lobbying purposes is 10%. Payment from Public Funds Authorized by Minn. Stats., Sec. 465.58 ~Amount Due: $10,823 ! declare under the penalties of law that the foregoing account is just and correct and that no part of it has been paid. Dated: September !, 2002 3~s F. Miller utive Director, League of Minnesota Cities Annual dues for membership in the League of Minnesota Cities include subscriptions to Minnesota Cities magazine at $32 per subscription, according to the following schedule: Population group Number of subscriptions 249 or less 6 250 - 4,999 11 5,000 - 9,999 15 10,000- 19,999 20 20,000 - 49,999 25 50,000 - 299,999 30 300,000 or more 35 For further information on subscriptions contact the League office, (65 I) 281-1200. League of Minnesota Cities · 145 University Avenue West · St. Paul, MN 55103-2044 · (651) 281-1200 or (800) 925-1122 · www.tmnc.org COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meetin )fi September 23 2002 AGENDA SECTION: C._~ ~. $ e ~-~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ - A - ~ Library APPROVAL circulation pc workstations at the Library DATE: 9/3/2002 DATE: NO: The Columbia Heights Public Library (CHPL) has participated in an automated circulation system with the Anoka County Library (ACL) since 1987. The main frame computer is located in Blaine at the Library Support Services building, and all buildings in the system are connected via T1 lines and flame relays. During the past .14 years, access to the databases has been through dumb terminals. To accommodate changes in technology and to provide access to online reference sources, Data Research Associates (DRA), the library's automation vendor, is moving to a client-server environment, which operates with pc's. The first of two phases of implementation, completed in 2001, involved replacement of the six public access catalog dumb terminals with pc's. The next phase of implementation is scheduled for 2002 and involves replacement of five circulation dumb terminals with pc's. Library staff has worked with the Information Systems (IS) staff and the ACL IS department to determine the most cost effective way to install the new pc's. The CHPL can order equipment through the County at their contractual prices and through Barcode Discount Warehouse, an established vendor. The following breakdown covers the replacement of the five circulation workstations: 1. Ordered through ACL: 5 NEC LCS 1550v-BK flat panel monitors~ $371=$1,855.00 5 COMPAZ Evo Desktop D510SFF series 470034-61 lQ $953= 4,765.00 5 installations/set ups/upgrades ~ $200= 1,000.00 5 AnzioLite sof~are~ $20= 100.00 7,720.00 2. Ordered through Barcode Discount Warehouse: 4 Citizen IDP 3550 parallel receipt printers~ $255= 1,020.00 5 Metrologic MS9500 Voyager keyboard wedge scanners ~ $195= 975.00 1,995.00 9,715.00 The 2002 budget contains the following amounts for the project in the designated line items: 5170 (Office Equipment) $11,800.00 RECOMMENDED MOTION: Move to purchase and to install hardware and software necessary to replace five circulation pc's at the Library from the Anoka County Library and Barcode Discount Warehouse based on available State and County contract prices and obtained quotes; and furthermore to authorize the Mayor and City Manager to enter into an a~reement for the same. COUNCIL ACTION: CITY COUNCIL LETTER Meetin$ of September 23 2002 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. .~'--- A -~O POLICE APPRQVAJ~ ITEM: Resolution authorizing execution of grant BY: Thomas M. Johnson,~. ll~ NO agreement, Buckle Up Teens Grant program DATE September 17, 20(~ BACKGROUND The Columbia Heights Police Department in partnership with the Fridley Police Department and the Spring Lake Park Police Department are applying for a grant from the State of Minnesota in an effort to increase seat belt usage among teens in our three communities. We will be challenging teens to buckle up and save lives. We will do this through various programs at the high schools in each community. There will be three categories where the high schools will be able to earn plaques and cash awards. Those categories are: Highest seat belt usage Most improved seat belt usage Best overall campaign to increase seat belt usage We are requesting a grant of $10,000 and there is no required match for the grant. ANALYSIS/CONCLUSION The chiefs of police in Columbia Heights, Fridley, and Spring Lake Park have met and agree that this would be an excellent program to try to increase seat belt usage in our three cities. As part of the requirements of this grant, each city is required to pass a resolution in support of this grant. The Columbia Heights Police Department is requesting that the City Council pass that resolution tonight. RECOMMENDED MOTION: Move to waive the reading of Resolution 2002-58 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2002-58 authorizing execution of the grant agreement supporting the "Buckle Up Teens" program through the Office of Traffic Safety, Minnesota Department of Public Safety. TMJ:mld 02-165 Attachment COUNCIL ACTION: RESOLUTION 2002-58 AUTHORIZING EXECUTION OF GRANT AGREEMENT SUPPORTING THE BUCKLE UP TEENS GRANT PROGRAM WHEREAS, a mission of the Columbia Heights Police Department is to ensure the safety and security of our teens; and WHEREAS, the Columbia Heights Police Department, in partnership with the Fridley Police Department and the Spring Lake Park Police Department wish to increase seatbelt usage amongst teens in our communities; and WHEREAS, we will be challenging teens to buckle up and save lives; and WHEREAS, various programs will be conducted at the high schools in each community to promote the use of seat belts; and WHEREAS, teens will be able to earn plaques and cash rewards for highest seat belt usage, most improved seat belt usage, and best overall campaign to increase seat belt usage. NOW, THEREFORE BE IT RESOLVED that the Chief of Police of the Columbia Heights Police Department be authorized to enter into a grant agreement with the Office of Traffic Safety in the Minnesota Department of Public Safety for the project entitled "Buckle Up Teens! Project" during the period from October 1, 2002, through September 30, 2003. Passed this day of September 2002 Offered by: Seconded by: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of' September 23, 2002 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: ..q- -/~ --"1 Recreation APPROVAL ITEM: C.H.A.S.E. GRANT APPLICATION FOR BY: Keith Windschitlte~ BY: 2004-2005 DATE: September 12, 2002 NO: BACKGROUND: The Department of Children, Families and Learning have awarded a fifth grant of $150,000 for the Columbia Heights After School Enrichment Program (C.H.A.S.E.) for the period of 1/1/02 to 12/31/03. CHASE has been operating for the past several years. The grants awarded are as follows: 2. 3. 4. 5. 7/1/96 to 12/31/97 $ 64,764 7/1/97 to 12/31/985 64,764 7/1/98 to 6/30/99 $ 65,000 9/1/99 to 12/31/01 $177,568 1/1/02 to 12/31/03 $150,000 The objective of the CHASE program is to actively reach out to youth ages 9 to 13 and engage them in a continuum of programs that range from enrichment to early intervention. Programs include recreational activities, skills classes, small group initiatives, service learning opportunities, mentoring, and tutoring offered at several sites throughout the community. CHASE makes services and programs as easily accessible as possible by offering programs where youth naturally congregate and to transport youth when needed. The CHASE program is designed to increase Columbia Heights youth's connection to their community by involving them in meaningful activities that enhance self-esteem, foster positive values, and develop constructive leisure and academic skills through program strategies that develop positive assets. Our current situation now facing our CHASE program is that we now have to apply for 2004 - 2005. This state money for 2004 - 2005 will not be allocated until mid-year 2003. The state grants may be in jeopardy and will more than likely depend on the election results this November. Many of our legislators do not have this money as a high priority on their list. This money could possibly be cut from the budget in full. The Columbia Heights School District has approached us with the possibility of partnering with them and applying for the 21st Century grant, which is a federally funded program. This grant has a better possibility of funding continuation do to the fact that it is funded on the federal level. After speaking with our contacts at Children, Families and Learning, it is staff's opinion that we should apply for both the After School Enrichment grant (state funded), and the 21st Century grant (federally funded). We feel that this would be the best plan of action should something not work out on either of these grants. RECOMMENDED MOTION: Move to authorize staffto apply for both the After-School Enrichment grant and the 21st Century grant. COUNCIL ACTION: FUNDING CATEGORY ELIGIBILITY WORKSHEET 21st Century Community Learning Centers: Go to application packet BUTTON n Must involve a partnership of two or more agencies where at least one agency is a school with the following characteristics: · Title 1 (at least 40% of children in school building receive free/reduced lunch); or · A majority of students attending the school are from Iow-income families (based on a different measure than Title I status); or · School is, or has been on CFL's list of schools in need of assist, ance: In 2000-2001 In 2001-2002 In addition to involving schools identified above, the work plan must target services at students enrolled in the schools that are Title 1, primarily from Iow- income families, and/or are formally designated as schools 'in need of assistance'. n Must serve youth enrolled in and attending school. Must provide program activities outside of the regular school time (before or after school, weekends, or summer). After-School Enrichment Programs: Go to application packet BUTTON (3 Must provide program activities outside of the regular school time (before or after school, weekends, or summer). Must target one or more of the seven goals designated in legislation (M.S. 124D.221 ). Must target students from Iow-income families OR fill gap in out-of-school programming. Project Reconnect to Learning Programs: Go to application packet BUTTON n Must serve youth who are not attending schools, or are in danger of dropping out of schools such as runaway youth, homeless youth, and/or youth required to participate in community service as a condition of expulsion or suspension from school. CITY COUNCIL LETTER Meeting oE 9/23/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~.~ ~A- ~ PUBLIC WORKS'~ ~/~ ITEM: AUTHORIZE FINAL PAYMENT FOR BY: K. Hansenw~.~~ BY: SULLIVAN PARK BUILDING ROOF, PROJECT 0106 DATE: 9/17/02 ~ DATE: Background: Attached is the request for final payment to Superior Roo£mg Construction for the Sullivan Park Building Roof, Project 0106. Analysis/Conclusions: The work included vent modifications, overhang construction, and tear-off and roofing the building. The project has been completed in accordance with the project specifications at original contract cost and staff is recommending acceptance and final payment to the contractor. Recommended Motion: Move to accept the work for Sullivan Park Building Roof, City Project 0106; and, to authorize £mal payment in the amount of $350.00 to Superior Roo£mg Construction, Inc. of Minneapolis, Minnesota. I~.'jb Attachments: Engineer's Report of Acceptance Final Payment Voucher COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE SULLIVAN LAKE PARK BUILDING ROOF CITY PROJECT NUMBER 0106 September 17, 2002 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Superior Roofing Construction, Inc. The work consisted of vent modifications, overhang construction, tear-off and roofing the building. The Contractor has completed the project in accordance with the contract. The Contractor did not retum the park building key. A $100.00 charge has been deducted from the final payment. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT FINAL WORK APPROVED ALL PRIOR PAYMENTS DEDUCTION FOR LOST KEY BALANCE DUE Sincerely, CITY OF COLUMBIA HEIGHTS $ 8,450.00 $ o.00 $ 8,450.00 $ 8,450.00 ($ 8,000.00) ($ 100.00) $ 350.00 Kevin R. Hansen City Engineer CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER ESTIMATE NO. Final August 23, 2002 July 10, 2002 DATE: PERIOD ENDING: CONTRACT: PROJECT NO. Sullivan Lake Park Building Roof 0106 TO: SUPERIOR ROOFING CONSTRUCTION, INC. 2717 E. 32nd Street Minneapolis, MN 55406 612-729-0717 A. Original Contract Amount .......................................................................................................... $8,450.00 B. Total Addition $0.00 C. Total Deduction $0.00 D. TOTAL CONTRACT AMOUNT $8,450.00 E. TOTAL VALUE OF WORK TO DATE $8,450.00 F. Deduction for lost key ..................................................................................................................... ($100.00) G. Previous Payment(s) ..................................................................................................................... ($8,000.00) H. TOTAL APPROVED FOR PAYMENT THIS VOUCHER $350.00 I. TOTAL PAYMENTS INCLUDING THIS VOUCHER $8,350.00 APPROVALS Pursuant to our field observations,.I hereby recommend for payment the above stated amount for work perfor~aed throU~h . July 10, 200. 2 . Signed by: 3 C~x/k.~A ~ ~:~\ / Kev~n Hansen,~dbl~ WorKs Directo~ Da~ t SUPF~OR ROOFING CONSTRUCTION, INC. D CITY OF COLUMBIA HEIGHTS SULLIVAN LAKE PARK BUILDING ROOF CITY PROJECT NO. 0106 FINAL PAYMENT NO. 1 2 ITEM ROOF CONSTRUCTION OVERHANG CONSTRUCTION UNIT QUANT. L.S. 1 L.S. 1 UNIT PRICE $3,970.00 $4,480.00 AMOUNT $3,970.00 $4,480.00 TOTAL VALUE OF WORK $8,450.00 CITY COUNCIL LETTER Meeting of: 9/23/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~'-~ _(~ PUBLIC WORKS, ,E.~ ,f J~A ITEM: CHANGE ORDER #2 AND FINAL PAYMENT BY: K. Hansen ,,,~ BY: FOR THE ZONE 5 STREET REHABILITATION DATE: 9/17/02~ DATE: PROJECTS Background: The Contractor completed the 2001 Street Rehabilitation projects in Zone 5 last fall. The work consisted of full street reconstruction, partial street reconstruction, and mill and overlay with related or special utility construction/replacement. Project closeout and final payment has been delayed in 2002 by the contractor's submission of documentation for final quantities. Analysis/Conclusions: During the course of construction, Public Works staffrequested the Zone 5 contractor, Palda and Sons, to include additional work as follows: For water and sewer services for future residential lot development, for Wargo Court retaining wall removals, for additional utility improvements not on plan and requested by utility department staff, and for the materials purchase for use by the Public Works Department. The work was mainly necessary due to existing conditions found in the field and/or items not included in the original bid plan or defects found during construction. The excess class 5 gravel stockpiled at Huset Park was also purchased through negotiation, at a price lower than 2001 contract pricing. Each work item is described in detail on the attached Change Order No. 2. Staff recommends approval of Change Order No. 2. Staff is recommending approval of final payment to Palda and Sons, Inc. and acceptance of the work. A copy of the final payment voucher and the Engineer's Acceptance Report is attached. Recommended Motion: Move to authorize final Change Order No. 2 for addition of water and sewer services, Wargo Court retaining wall, sanitary sewer, water main, and storm sewer system improvements and purchase of excess Class 5 to the Zone 5 Street Rehabilitation, City Project 0017, 0018 and 0102, to Palda and Sons, Inc. in the amount of $42,590.06 to be funded out of Private Funds - Community Development ($11,048.00), Water Utility Fund, 604-50102-5130 (3,316.00) Storm Water Utility Fund, 604-50102-5130 ($6,600.00) State Aid Maintenance Fund, 212-43190-5130 ($961.36), Street Department, 101-43121-2160 ($1,500.00) and Sanitary Sewer Utility Fund, 602-50102-5130 ($19,164.70). Recommended Motion: Move to accept the work for 2001 Street Rehabilitation Projects in Zone 5, City Project Numbers 0017, 0018 and 0102; and authorize final payment of $62,781.10 to Palda and Sons, Inc. of St. Paul, Minnesota. Attachment: Changer Order No. 2 Payment Voucher Engineer's Acceptance Report COUNCIL ACTION: CHANGE ORDER NO. 2 Project: 2001 Street Rehabilitation Owner: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Contractor: Palda and Sons, Inc. 1462 Dayton Avenue St Paul, MN 55104 City Project: 0017, 0018, and 0102 Date of Issuance: August 23, 2002 Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE Original Contract Price: $1,188,597.83 Previous Change Orders No. 1 to No. $ 23,863.8O Contract Price Prior to this Change Order: $1,212,461.63 CHANGE IN CONTRACT TIME Original Contract Time: Net Change from Previous Change Order: 1 Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: 2 Approved By: Contract Time with Approved Change Orders: N/A Approved Date of Council Action Net Increase of this Change Order: $ 42,59O.O6 Contract Price with all Approved Change Orders: $1,255,051.69 Rec~]n4~e~ed, ~4~ Approved By: Gary Peterson, Mayor Walter Fehst, City Manager Attachment to Change Order No. 2 City Project No. 0017, 0018, and 0102 Page 1 Owner: Contractor: Project: City of Columbia Heights Palda and Sons, Inc. 2001 Street Rehabilitation - Zone 5 Description of Changes: The City requested the following work: · Item No. 1 (Project 0102) Installation of 3 sewer and water services for proposed homes, as requested by Community Development Department. · ItemNo. 2 (Project 0102) Repair of catch basin and alley apron on 50th Avenue between Jefferson and Madison Streets. · ItemNo. 3 (Project 0102) Installation of I gate valve to serve the developments west of Central Avenue and south of 42"d Avenue (private) and 2 gate valves to replace inoperable or leaking valves observed during construction (water department). · ItemNo. 4 (Proiect 0102) Additional patching of the extra depth bituminous base course on 43rd Avenue. · Item No. 5 (Project 0102) Additional sod used in lieu of landscaping adjacent to Central Valu Mall and other miscellaneous locations project wide. · Item No. 6 (Project 0102) Removal of in-place material to facilitate construction of the retaining wall at Wargo Court. · ItemNo. 7 (Project 0102) Purchase of excess class 5 material stockpiled on the south side of Huset Park for Public Works use. Item No. Item Description Unit Quantity Unit Price Total Price Sanitary sewer and water service Ea. 3 $ 3,130.00 Catch basin replacement L.S. 1 $ 2,850.00 8" Gate valve Ea. 3 $1,658.00 Bituminous street patching Ton 18 $ 150.00 Sod with topsoil S.Y. 350 $ 3.00 Wargo court retaining wall excavation C.Y. 244 $ 3.94 Class 5 Stockpile C.Y. 400 $ 3.75 1 $ 9,390.00 2 $ 2,850.00 3 $ 4,974.00 4 $ 2,700.00 5 $1,050.00 6 $ 961.36 7 $1,500.00 $ 23,425.36 FUNDING SOURCES: Private Water Construction Storm Construction Item 1 $9,390.00 Item 3 $3,316.00 Item 2 $2,850.00 Item 3 $1,658.00 Item 4 $2,700.00 $11,048.00 Item 5 $1,050.00 $6,600.00 State Aid Maint. Item6 $961.36 Street Department Item 7 $1,500.00 Attachment to Change Order No. 2 City Project No. 0017, 0018, and 0102 Page 2 Owner~ Contractor: Project: City of Columbia Heights Palda and Sons, Inc. 2001 Street Rehabilitation - Zone 5 Description of Changes: The City requested the following work: Item No. 8- 15 (Project 0102 - Alternate 4: 43fa Avenue Sanitary Sewer Repair) An additional 90 feet of sanitary sewer was removed and replaced as part of the construction. This section of sewer was east of the alley on the north side of 43rd Avenue. The bituminous street section in this area is 9" thick to accommodate truck traffic. The original quantities were based on the sanitary sewer being replaced west of the alley. The street section in this area is only 3" thick. Item No. 8 9 10 11 12 13 14 15 Item Description Remove bituminous pavement Remove x-depth bit. (over 4") Remove sewer pipe 12" PVC sanitary sewer Aggregate base class 5 Bituminous wear course Bituminous binder course Bituminous base course Unit Quantity Unit Price Total Price S.Y. 404 $ 2.00 $ 808.00 S.Y. 180 $ 2.00 $ 360.00 L.F. 90 $ 3.32 $ 298.80 L.F. 90 $ 33.88 $ 3,049.20 Ton 178 $ 17.50 $ 3,115.00 Ton 74 $ 40.00 $ 2,960.00 Ton 218 $ 38.40 $ 8,371.20 Ton 6 $ 33.75 $ 202.50 $19,164.70 FUNDING SOURCE: Sanitary Sewer Construction $19,164.70 TOTAL CHANGE ORDER NO. 2 $ 42,590.06 CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER ESTIMATE NO. FINAL DATE: August 23, 2002 PERIOD ENDING: May 31, 2002 CONTRACT: 2001 Street Rehabilitation PROJECT NO. 0017, 0018, and 0102 TO: Palda and Sons, Inc. 1462 Dayton Avenue St Paul, MN 55104 (651) 644-1604 B. C. D. E. F. G. H. I. Original Contract Amount Total Addition Total Deduction TOTAL CONTRACT AMOUNT $1,1 88,597.83 $66,453.86 $o.oo $1,255,051.69 TOTAL VALUE OF WORK TO DATE LESS DEDUCTION Previous Payment(s) TOTAL APPROVED FOR PAYMENT THIS VOUCHER TOTAL PAYMENTS INCLUDING THIS VOUCHER $1,254,965.69 ($449.22) ($1,191,735.37) $62,781.1 0 $1,254,516.47 APPROVALS field,observations, I hereby recommend for payment the above stated Pursuant to our amount for work I~r~ormed tl~rough Ma~y 13, 2002._~. Signedby: ' ' ' C~o.~ ~~0~ Ke~i~ Han~fic W~rks D~ectOr Date~ ~ Signed bY: /~ ~'~ /~~ so.s, Oa e CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2001 STREET REHABILITATION CITY PROJECT NUMBERS 0017, 0018, AND 0102 September 17, 2002 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Palda and Sons, Inc. The work consisted of full street reconstruction, partial street reconstruction, mill and overlay, with related or special utility construction/replacement. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT $1,188,597.83 $ 66~453.86 $1,255,051.69 FINAL WORK APPROVED ALL PRIOR PAYMENTS $ 1,254,516.47 ($ 1,191~735.37) BALANCE DUE $ 62,781.10 Sincerely: CITY COUNCIL LETTER Meeting of: SEPTEMBER 23, 2002 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER No: 0 CITY AGER'S APPROV ESTABLISHING AMOUNT OF ASSESSMENTS BY: Jane Gleason BY: ITEM: TO BE LEVIED DATE: 9/19/2002 NO: 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 the City share and the amount of the 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 MO?ION: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2002-59: Being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects to be levied. COUNCIL ACTION: jg\plr fund\citycltr RESOLUTION NO. 2002 - 59 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 26th day of August, 2002, ordered a special assessment hearing to levy the cost of improvements and WHEREAS, the following projects will be specially assessed in October, 2002, and a portion of the costs may be borne by the City, NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: ESTIMATED ASSESSED ESTIMATED PROJECT CITY PORTION PORTION TOTAL Central Avenue Streetscaping & Water Service Construction $446,000 $450,000 $896,000 Zone 6A Street Construction Project 99-12A $415,000 $431,000 $846,000 Zone 6A--General, Utility Funds $336,000 $ -0- $336,000 Passed this 23rd day of September, 2002 Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson CITY COUNCIL LETTER Meetin~ of: September 23, 2002 NO: Community Development APPROVAL ITEM: Authorize callforbidsforsaleof325Summit BY: Tim Johnson ~"~ BY¢4~ Street NE DATE: September 18, 2002 ~ NO: Issue Statement: A request to authorize staffto take the necessary steps and to authorize call for bids for the sale of 325 Summit Street NE. Backeround: The City Council formerly purchased the property at 325 Summit Street and closed on the property in April 2002. Since then the City Council approved a lot split for 325 Summit Street NE, which has been officially recorded and is now ready to sell. The Planning Commission at its September meeting, approved the future sale of 325 Summit Street NE as it is in compliance with the City Comprehensive Plan for this parcel. Analysis: The proposed sale of 325 Summit Street NE will allow for the City to put this single-family home back on the market and allow for a residential homeowner to occupy the home in the near future. The city has already completed the lot split for this property which will help with the potential vacation of Lookout Place and reconfiguration of adjacent parcels for future redevelopment purposes. Recommendation: The Planning and Zoning Commission made a motion approving the future sale of 325 Summit Street NE on September 3, 2002, as it is in compliance with the City Comprehensive Plan. The EDA at its most recent meeting gave staff direction to ask for City Council authorization and call for bids for the sale of 325 Summit Street NE. Recommended Motion: Move to authorize staffto call for bids for the sale of 325 Summit Street NE. Attachments: Bid packet info; Map of 325 Summit Street COUNCIL ACTION: SALE OF CITY PROPERTY NOTICE OF ADVERTISEMENT The City of Columbia Heights will be accepting bids on the sale of one single-family residential home and property at 325 Summit Street NE. This property is offered in "as is" condition. The City does not warrant the condition of the home as it was recently purchased only for the reconfiguration and redevelopment of adjacent property. Sealed bids will be received by the City of Columbia Heights, Community Development Department, 590 40th Avenue N.E., Columbia Heights, MN, 55421 until 11:30 a.m. C.D.S.T. on October 16, 2002, at which time they will be publicly opened and read out loud in the City Council Chambers. Each bid shall be accompanied by a bidder's bond naming the City of Columbia Heights as obligee, or a certified check payable to the City of Columbia Height, or an irrevocable letter of credit or a non-interest bearing cash deposit equal to at least two percent (2%) of the amount of the bid. If bidder is selected by the City and fails to enter into a contract, then the bidder shall forfeit said 2% deposit. The City Council reserves the right to retain the deposit of the three most competitive bidders for a period not to exceed 30 days after the date and time set for the opening of bids. The City Council reserves the right to reject any and all bids, or a portion thereof, to waive irregularities and informalities therein, further negotiate terms of the proposals, and reserves the right to award the contract in the best interest of the City. Intended Scope of Use: Bids will be considered on the basis of purchase price and compliance with City requirements. Accepted bid shall continue to utilize the property as a an owner-occupied single-family residential home. Bidder shall satisfy the City by providing a pre-qualification letter from a lending institution at least equal to the amount of the bid. Bid packets for this property can be obtained at the City of Columbia Heights, Community Development Department 590 40th Avenue N.E., Columbia Heights, MN 55421 between the hours of 8:00 A.M. and 4:45 P.M. Monday through Friday. Questions should be directed to Tim Johnson, at (763) 706-3673. BID PROPOSAL FOR The purchase of a single-family residential home and property located at 325 Summit Street NE, Columbia Heights, MN 55421. GENERAL REQUIREMENTS Bids must be typed or prepared in ink. Bids must be signed in ink. All erasures or changes must be initialed. Bids must be received no later than stated in the advertisement of bids. Bidder information The property is scheduled for open house showings as follows: · October 2, 2002, from 12:30 pm to 4:30 pm · October 6, 2002, from 1:00 pm to 3:00 pm · October 9, 2002, from 8:30 am to 12:30 pm Bidder: Nalne Address Telephone Bid Price: Minimum bid price has been established at $146,500 My bid for the property located at 325 Summit Street N.E., Columbia Heights, MN 55421, in accordance with the advertisement for bids, is in the sum of Dollars ($ ). Intended use of the property: All bidding requirements as outlined in the bid documents are understood and have been complied with, to include all necessary financial securities. Signature of bidder Date General Information 325 Summit Street NE Columbia Heights, MN 55421 Legal Description: Tract A: Lot 18 & that part of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying northeasterly of the following described "Line 1" and southeasterly of the following described "Line 2". (Parcel # 35 30 24 31 0119) Zoning: Multiple-Family Residential (R-3); Lot cannot be split or used as more than a two-family dwelling. Home is currently set up as a single-family dwelling. Lot Size: 56S X 27.17 X 100W X 14.12 X 60N X 123.25E (8,410 square feet) Home features: Year built 1944; Foundation size is 1,200 square feet, 3 bedroom, 1 bath, Kitchen, Living Room, Den, Partial basement, Tuck-under 2 -car garage, newer roof Status of property: City of Columbia Heights purchased property in summer of 2002. Property was recently split for parcel reconfiguration. Lot split has been recorded at Anoka County. Current Status: Vacant single-family home. Regarding any future additions or alterations on the property: · Please refer to appropriate city handouts and city codes for any future building on the property. Valuations: Land and property Estimated market value for taxes payable 2002:$126,200 Taxes for 2002:$1,017.00 * Value numbers obtained from Anoka County Note: · Bids will be considered on the basis of purchase price, compliance with City requirements, and a pre-qualification letter. Please be aware that the City has redevelopment plans for the reconfiguration of abutting alley, Lookout Place, and General Business properties to the west and north of 325 Summit Street NE. These redevelopment plans Do Not include this parcel. SALE OF CITY PROPERTY NOTICE OF ADVERTISEMENT The City of Columbia Heights will be accepting bids on the sale of one single-family residential home and property at 325 Summit Street NE. This property is offered in "as is" condition. The City does not warrant the condition of the home as it was recently purchased only for the reconfiguration and redevelopment of adjacent property. Sealed bids will be received by the City of Columbia Heights, Community Development Department, 590 40th Avenue N.E., Columbia Heights, MN, 55421 until 11:30 a.m. C.D.S.T. on October 16, 2002, at which time they will be publicly opened and read out loud in the City Council Chambers. Each bid shall be accompanied by a bidder's bond naming the City of Columbia Heights as obligee, or a certified check payable to the City of Columbia Height, or an irrevocable letter of credit or a non-interest beating cash deposit equal to at least two percent (2%) of the amount of the bid. If bidder is selected by the City and fails to enter into a contract, then the bidder shall forfeit said 2% deposit. The City Council reserves the tight to retain the deposit of the three most competitive bidders for a period not to exceed 30 days after the date and time set for the opening of bids. The City Council reserves the right to reject any and all bids, or a portion thereof, to waive irregularities and informalities therein, further negotiate terms of the proposals, and reserves the right to award the contract in the best interest of the City. Intended Scope of Use: Bids will be considered on the basis of purchase price and compliance with City requirements. Accepted bid shall continue to utilize the property as a an owner-occupied single-family residential home. Bidder shall satisfy the City by providing a pre-qualification letter from a lending institution at least equal to the amount of the bid. Bid packets for this property can be obtained at the City of Columbia Heights, Community Development Department 590 40th Avenue N.E., Columbia Heights, MN 55421 between the hours of 8:00 A.M. and 4:45 P.M. Monday through Friday. Questions should be directed to Tim Johnson, at (763) 706-3673. BID PROPOSAL FOR The purchase of a single-family residential home and property located at 325 Summit Street NE, Columbia Heights, MN 55421. GENERAL REQUIREMENTS Bids must be typed or prepared in ink. Bids must be signed in ink. All erasures or changes must be initialed. Bids must be received no later than stated in the advertisement of bids. Bidder information The property is scheduled for open house showings as follows: · October 2, 2002, from 12:30 pm to 4:30 pm · October 6, 2002, from 1:00 pm to 3:00 pm October 9, 2002, from 8:30 am to 12:30 pm Bidder: Name Address Telephone Bid Price: Minimum bid price has been established at $146,500 My bid for the property located at 325 Summit Street N.E., Columbia Heights, MN 55421, in accordance with the advertisement for bids, is in the sum of Dollars ($ ). Intended use of the property: All bidding requirements as outlined in the bid documents are understood and have been complied with, to include all necessary financial securities. Signature of bidder Date General Information 325 Summit Street NE Columbia Heights, MN 55421 Legal Description: Tract A: Lot 18 & that part of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying northeasterly of the following described "Line 1" and southeasterly of the following described "Line 2". (Parcel # 35 30 24 31 0119) Zoning: Multiple-Family Residential (R-3); Lot cannot be split or used as more than a two-family dwelling. Home is currently set up as a single-family dwelling. Lot Size: 56S X 27.17 X 100W X 14.12 X 60N X 123.25E (8,410 square feet) Home features: Year built 1944; Foundation size is 1,200 square feet, 3 bedroom, 1 bath, Kitchen, Living Room, Den, Partial basement, Tuck-under 2 -car garage, newer roof Status of property: City of Columbia Heights purchased property in summer of 2002. Property was recently split for parcel reconfiguration. Lot split has been recorded at Anoka County. Current Status: Vacant single-family home. Regarding any future additions or alterations on the property: Please refer to appropriate city handouts and city codes for any future building on the property. Valuations: Land and property Estimated market value for taxes payable 2002:$126,200 Taxes for 2002:$1,017.00 * Value numbers obtained from Anoka County Note: · Bids will be considered on the basis of purchase price, compliance with City requirements, and a pre-qualification letter. Please be aware that the City has redevelopment plans for the reconfiguration of abutting alley, Lookout Place, and General Business properties to the west and north of 325 Summit Street NE. These redevelopment plans Do Not include this parcel. HEREBY CERTIFY lt~T IlIIS SURVEY. PLAN OR REPOnr ~S PREPARED BY ME OR LI'JDER MY DIRECT S~ERVISI~ ~Y L IC~NSEO LA~ S~VEYOR ~R RSnd~ L. K~rlh. L~S. ~. 2p~O Russell J. Kurlh. L.L.S. No. 16113 o LO SCALE IH FEET / 0 q.O \ \ I I 0 ! PROPOSED DESCRIPTION OF TRACT A Lot 18 & that part of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying northeasterly of the following described "Line 1" and southeasterly of the following described "Line 2". PROPOSED DESCRIPTION OF TRACT B Lot 16 & that part of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying southwesterly of the following described "Line 1' and northwesterly oftbe following described "Line 2". "LINE I" Begiuning at a point ou the south line of said Lot I 7, distant 21.00 feet westerly of the southeast comer; thence northwesterly to a point on the west line, said point being 100.00 feet southerly of the northwest comer and there terminate. "LINE 2" Beginning at a point on the north line of said Lot 17, distant 10.00 feet easterly of the northwest comer; thence southwesterly to a point on the west line, said point bein8 10.00 feet southerly oftbe northwest comer and there terminate. CITY COUNCIL LETTER Meeting of: September 23, 2002 AGENDA ORIGINATING CITY MANAGER SECTION: '"' A NO: ---% ~ - [~-'- DEPARTMENT: APPROVAL Fire ITEM: Establish Hearing Dates BY: John Crelly License Revocation, Rental Properties DATE: September 18, 2002 NO: DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Dale Frenzel .................................................................. 3732 3ra Street N.E. 2. Maurice Weaver ............................................................ 3725 Main Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 14, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Dale Frenzel at 3732 3r'~ Street N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 14, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Mauriee Weaver at 3725 Main Street N.E. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 23, 2002 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: ~'~'~/~ - [3 Fire APPROVAL ITEM: Approval of Rental Housing License BY: John Crelly BY:~~~ Applications DATE: September 18, 2002 · DATE'- NO: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. RECOMMENDED MOTION: Move to approve the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. COUNCIL ACTION: OccupanyI.D, 34005 34012 12113 30030 10071 12022 20051 12124 20014 20015 20195 20042 10070 12182 12028 12106 20011 12075 20017 30079 30007 12073 20008 20232 30104 20117 20092 20094 12074 20100 10005 12118 20027 20381 12141 12165 30077 34011 10039 12010 12O67- Property Owner Name C.H. Properties Alan Avery Morris Ballingrud Vance Blahnik Brian Bona Waldemar Carillo Marilyn Dalseth Willam Dankel William Dankel James Dickinson Bruce Evans Edward Fragale Lawrence Garner Chad Habeck LeDora Hankton Kenneth Henke Bradley Hoag David Holton Leo Jackels Nancy Jordan Michael Juaire Dorn King David Lange David Lange David Lange Ping Luu-Wang Joe Maciaszek Joe Maciaszek Gary Magliato John Majewski David Nelson Janet Nielsen Nathan Olson Gary Peterson Ganga Ramnarine John Ranweiler Ku Richard Joanna Rocha Walter Sentyrz, Jr Steven Thoreson Willard Thorp Property Address 4655 5th Street 4201 Monroe Street 3940 Johnson Street 647 37th Avenue 4015 7th Street 1325 Circle Terrace 4539 Fillmore Street 660 47-1/2 Avenue 666 47-1/2 Avenue 1725 37th Avenue 4154 2nd Street 1316 Circle Terrace 3740 2nd Street 1343 Circle Terrace 1428 42nd Avenue 4427 2-1/2 Street 3861 Edgemoor Place 656 47-1/2 Avenue 1212 Circle Terrace 4557 Madison Street 4417 University Avenue 4516 Taylor Street 4506 Fillmore Street 5049 Jackson Street 4656 Polk Street 1214 45-1/2 Avenue 4351 Washington Street 4357 Washington Street 4608 Fillmore Street 3825 Johnson Street 3911 Tyler Street 650 47-1/2 Avenue 1222 45-1/2 Avenue 3713 Buchanan Street 4526 Tyler Street 4648 Taylor Street 4550 Madison Street 501 Mill Street 3913 Arthur Street 4613 Taylor Street 1411 37th Avenue 09/18/2002 10:54 Page 1 OccupanyI.D. 10043 20072 20277 12057 30043 Property Owner Name Bernard Ubl Stanley Van Blaricom Ronald Wilcox Rebecca Wilson Paul Yeh Property Address 3707 Johnson Street 4513 Taylor Street 4512 Monroe Street 1739 37th Avenue 4200 3rd Street 09/18/2002 10:54 Page 2 CITY COUNCIL LETTER Meeting of.' Sept. 23, 2002 AGENDA SECTION: ,./~ ORIGINATING DEPT.: CITY MANAGER NO: ~'"- - ~ ~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson.~¥ DATE: NO: DATE: Sept. 20, 2002 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the September 23, 2002 City Council meeting. This agenda consists of an application for a Wine/Beer License for the new owners of Tycoon's. The new business is to be called LaCabema Bar & Grille. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for September 23, 2002 as presented. COUNCIL ACTION: TO CITY COUNCIL September 23, 2002 *Signed Waiver Form Accompanied Application 2002 BUSINESS LICENSE AGENDA WINE/BEER LICENSE PD,FD,Bldg LaCabema Bar & Grille 4952 Central Avenue $2400 $ 500 Inv. Fee CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: 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 ~75 through in the amount of $ /, o~_~. 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 09/19/2002 13 Check History 09/23/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 1 m%NK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ANOKA COUNTY LICENSE BUR 99875 954.66 BELLBOY CORPORATION 99876 1,201.99 BRECKENITCH/LAURIE 99877 107.45 CHANHASSEN DINNER THEATR 99878 3,360.00 CHERNIN/ALEKSANDR 99879 47.62 EAST SIDE BEVERAGE CO 99880 6,204.55 ELECTION SYSTEMS & SOFTW 99881 1,643.76 GENUINE PARTS/NAPA AUTO 99882 43.12 GERTENS GREENHOUSE 99883 1,039.27 GRI~S-COOPER & CO 99884 12,046.57 HONENSTEINS INC 99885 17,771.00 IKON OFFICE SOLUTION 99886 155.79 IPC PRINTING 99887 79.42 JOHNSON BROS. LIQUOR CO. 99888 855.30 KHAN/ADIL 99889 182.00 KUET}{ER DIST. CO. 99890 31,407.79 LAME~TI & SONS INC 99891 56,540.00 MALT ADVOCATE 99892 30.00 MEDICINE LkKE TOURS 99893 1,760.00 MINNESOTA TECH RESCUE SC 99894 500.00 MN FALL MAINTENANCE EXPO 99895 70.00 MN STATE FIRE CHIEFS ~S 99896 135.00 MOELLER/KAREN 99897 111.75 MURRAY/WILLIAM 99898 250.00 NEW FRANCE WINE COMPANY 99899 97.00 OKERSTROM/LEE 99900 32.34 OLSON/LEONARD 99901 155.00 PEPSI-COLA-7 UP 99902 17.25 PETTY CASH - KAREN MOELL 99903 90.11 PHILLIPS WINE & SPIRITS 99904 2,083.24 QUALITY WINE & SPIRITS 99905 7,389.23 RAMSBACHER/MARY JO 99906 50.00 SINN\GREG 99907 33.40 SKOF~/JAMES & NANCY 99908 6.00 ST PAUL-DED/THE 99909 5,957.28 STAR TRIBUNE 99910 400.00 VERIZON WIRELESS 99911 31.50 VISA 99912 795.10 WEINANDT/ALEXANDER 99913 50.00 WINE MERCHANTS 99914 937.83 WOLFF/JESSICA 99915 194.24 BELLBOY BAR SUPPLY 99916 27.17 BELLBOY CORPORATION 99917 4,192.30 CITY WIDE WIN'DOW SERVICE 99918 40.47 DAVES SPORT SHOP 99919 204.48 GENUINE PARTS/NAPA AUTO 99920 96.48 GOPHER SPORT 99921 82.58 ACS FINANCIAL SYSTEM 09/19/2002 13 Check History 09/23/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 2 BANK V~IX)R CHECK N-u/MBER AMOUNT BANK CHECKING ACCOUNT GRIGGS-COOPER & CO GROVE NURSERY INVENSYS METERING SYSTEM JONSON BROS. LIQUOR CO. LARKIN, HOFFM ,DALY, & LI METROPOLITAN AIRPORTS CO MINNESOTA STATE TREASUl{E MN DEPT OF ADMINISTRATIO MN MUNICIPAL BEVERAGE AS MROS-NORTRERN LIGHTS/RIC NORIX~UIST/MARGARET NORTHERN AIR OFFICERS FAMILY NETWORK PEPSI-CO~A-7 UP PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS QWEST COM~r0NICATIONS RELI~T ENERGY MINNEGASC RICHARD J CONDON & ~SOC SAM'S ChUB sa oo/Ca L SCHINDLER ELEVATOR CORP VERIZON DIRECTORIES CORP WI~IAM MITCHELL COLLEGE WURTH USA XCEL ENERGY (N S P) AFFINITY PLUS FEDERAb CR AFSCME DELTA DENTAL FIRST CO~UNITY CREDIT U ICMA RETIREMENT TRUST 45 MEDICA SENIOR MN CHILD SUPPORT PAYMENT NCPERS GROUP LIFE INS 39 ORCHARD TRUST COMPANY PERA RAMSDELL SCHOLARSHIP FUN RELIASTAR EMPLOYEE BENEF UNION 49 UNITED WAY VANTAGEPOINT TP, ANSFER - WELLS FARGO - PAYROLL AC WI DEP~TMEN~ OF REVElfdE ACE HARDWkRE ADAM'S PEST CONTROL, INC ADT ~ CO~R~NICATIONS INC 99922 10,064.03 99923 335.90 99924 750.00 99925 4,482.67 99926 652.85 99927 1,260.00 99928 70.00 99929 467.77 99930 45.00 99931 425.00 99932 36.00 99933 2,908.91 99934 75.00 99935 229.54 99936 1,902.80 99937 9,663.70 99938 346.59 99939 25.05 99940 295.00 99941 406.94 99942 228.13 99943 186.48 99944 35.65 99945 149.00 99946 12.65 99947 2,094.86 99948 400.00 99949 1,060.62 99950 5,177.25 99951 2,300.00 99952 10,876.55 99953 846.60 99954 707.43 99955 314.00 99956 7,065.50 99957 27,276.88 99958 49.25 99959 2,060.00 99960 600.00 99961 39.00 99962 225.00 99963 155,843.64 99964 321.68 99965 332.68 99966 66.56 99967 130.00 99968 126.00 ACS FINANCIAL SYSTEM 09/19/2002 13 Check History 09/23/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 3 BANK VENDOR CHECK NUMBER AMOUNT BD~gK CHECKING ACCOUNT ~ SAFE FIRE & SECURITY 99969 619.14 ALL SAINTS BRAND DISTRIB 99970 827.68 AMERICAN PAYROLL ASSOCIA 99971 155.00 AMERICAN STORE/THE 99972 188.68 ~2{OKA CTY - CENTRAL COMM 99973 322.42 ARCTIC GLACIER 99974 886.64 ASPEN MILLS, INC. 99975 99.00 BARNA GUZY & STEFFEN LTD 99976 14,401.01 BAUER BUILT TIRE & BATTE 99977 53.93 BELLBOY BAR SUPPLY 99978 77.74 BFI/WOODLAKE SANITARY SE 99979 104,670.73 BIFF'S,INC. 99980 570.36 BLUE OCEAN SOFTW~3~E 99981 20.00 BRAKE & EQUIPMENT WAREHO 99982 19.36 BUILDING FASTENERS 99983 29.35 C & H CONSTRUCTION 99984 6,125.00 CAMDEM PET HOSPITAL 99985 1,381.00 CARTE GRAPH SYSTEMS 99986 1,948.50 CATCO PARTS SERVICE 99987 50.33 CENTRAL LOCK & SAFE 99988 15.00 CHEMSEARCH 99989 163.96 CHISAGO LAKES DISTRIBUTI 99990 3,024.30 CITY PAGES 99991 433.00 CLARK PRODUCTS INC 99992 168.16 COCA-COLABOTTLING MIDWE 99993 735.12 COLUMBIA HEIGHTS I 99994 12,255.00 COLUMBIA HEIGHTS RENTAL 99995 157.20 CONNELLY INDUSTRIAL ELEC 99996 494.18 CREST VIEW CORPORATION 99997 13,256.85 CSC CREDIT SERVICES 99998 25.00 CUMMINS NOR~ CENTRAL 99999 1,520.38 DIAMOND VOGEL PAINTS 100000 401.51 DOUGS TV & AFPLIANCE 100001 53.22 DPMS 100002 649.95 EAST SIDE BEVERAGE CO 100003 44,171.20 EHLER & ASSOCIATE-PUBLIC 100004 1,440.00 ENTERPRISE NETWORK SYSTE 100005 1,038.32 FIDELITY SERVICES INC 100006 4,728.22 FIELD/Ai~IA 100007 100.00 ~LANAGAN SALES INC 100008 1,772.16 FLEX COMPENSATION, INC 100009 178.50 FRITZ COMP~2{Y INC 100010 8,155.24 G & K SERVICES 100011 392.63 GENERAL ELECTRIC CO 100012 381.27 GEN-gINE PARTS/NAPA AUTO 100013 127.54 GLEN]{OOD INGLEWOOD 100014 57.19 GOODIN CO. 100015 21.42 ACS FINANCIAL SYSTEM 09/19/2002 13 Check History 09/23/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT GRAYBAR ELECTRIC 100016 18.34 HAB INC 100017 200.00 HAFNER/MIKE & CINDY 100018 100.00 HARVEST INTERIORS 100019 384.00 HASSAN SAND & GRAVEL 100020 419.25 HEINRICH ENVELOPE CORP 100021 475.26 HOHENSTEINS INC 100022 2,716.59 HOME DEPOT #2802 100023 137.03 IKON OFFICE SOLUTION 100024 140.00 INSTRUMENTAL RESEARCH IN 100025 224.96 KEEP INC/TEE 100026 10.51 KUETHER DIST. CO. 100027 20,172.45 KURTH SURVEYING 100028 900.00 LAKE RESTORATION INC 100029 385.00 LEAGUE OF MN CITIES INS 100030 58,262.25 LUEE-TECH 100031 313.18 LYLE SIGNS INC 100032 95.21 MAC QUEEN EQUIPMENT CO. 100033 314.18 M~DDEN & ASSOCIATES/FRAN 100034 88.20 MARK VII DIST. 100035 23,914.63 MEDTOX LABORATORIES, INC 100036 72.00 MENARDS CASHWAY LUMBER-F 100037 280.07 METRO COUNCIL E~IROME~T 100038 7,128.00 ME~OPOLITAN COUNCIL WAS 100039 64,874.30 MIDWEST LOCK & SAFE 100040 132.76 MINNESOTA SAFETY COUNCIL 100041 260.00 MINNESOTA STATE TREASURE 100042 363.67 MN DEPT OF TRANSPORTATIO 100043 956.97 MN HIGHWAY SAFETY & RESE 100044 502.00 MN RURAL WATER ASSOC 100045 48.24 MSG PROFESSIONAL BUILDIN 100046 2,221.00 NELSON-RUDIE & ASSOCIATE 100047 2,585.73 NOBLE NURSERY 100048 506.25 NORTHERN TOOL & EQUIPMEN 100049 26.58 OCCUPATIONAL DEVELOPMENT 100050 899.77 OFFICE DEPOT 100051 638.18 PAMOIL INC 100052 60.23 PARK SUPPLY INC 100053 132.91 PARTS PLUS 100054 64.49 PARTS WAREHOUSE, INC 100055 88.00 PC SOLUTIONS 100056 1,256.43 PEDDYCOART SERVICE GROUP 100057 1,192.81 PEPSI-COLA-7 UP 100058 181.52 PERFORMANCE LAWN CARE 100059 347.10 PERRY'S CENTRAL SERVICES 100060 70.70 PIONEER PRESS 100061 25.03 QWEST DEX 100062 100.30 ACS FINANCIAL SYSTEM 09/19/2002 13 Check History 09/23/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 5 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT RAM RAMSEY COUNTY RESOURCE DOCUMENTS & ADV RETAIL DATA SYSTEMS OF M RIME AUCTIONEER/MARK SCHINDLER ELEVATOR CORP STICK~ER/KAYE STREICHER' S GUN' S INC/DO SUN PUBLICATION SYSTEMS SUPPLY INC. TAUTGES, REDPATH, & CO., THOMAS ~ SONS CONSTRUC TRANS-]%IARM INC TRUCK UTILITIES COMPANY UNITED RENTALS US FILTER/WATER PRO VANCE BROTHERS VECTOR INTERNET SERVICES VERIZON WIRELESS WATSON APPRAISAL WILSON DEVELOPMENT SERVI XCEL ENERGY (N S P) 100063 115.00 100064 84.88 100065 266.25 100066 60.00 100067 978.00 100068 186.48 100069 100.00 100070 1,664.38 100071 242.56 100072 79.49 100073 993.00 100074 387,423.58 100075 46.76 100076 7.94 100077 291.11 100078 832.59 100079 436.65 100080 150.00 100081 130.83 100082 900.00 100083 241.20 100084 7.88 1,230,315.25 *** ACS FINANCIAL SYSTEM 09/19/2002 13 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.40 PAGE 6 09/23/02 COUNCIL LISTING CHECK NUMBER AMOUNT 1,230,315.25 RECORDS PRINTED - 000990 ACS FINANCIAL SYSTEM 09/19/2002 13:46:19 FUND DESCRIPTION 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 203 PARKVlEW VILLA NORTH 204 ECONOMIC DEVELOPMENT AUTH 212 STATE AID MAINTENANCE 213 PARKVIEW VILLA SOUTH 235 RENTAL HOUSING 240 LIBRARY 250 COL HGHTS AFTER SCHOOL ENRI 276 LOCAL LAW ENFORCE BLK GRANT 402 STATE AID CONSTRUCTION 412 CAPITAL IMPROVEMENT PARKS 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STORM SEWER UTILITY 609 LIQUOR 652 SEWER CONSTRUCTION FUND 701 CENTRAL GARAGE 720 DATA PROCESSING 880 PERMIT SURCHARGE 881 CONTRIBUTED PROJECTS-REC 884 INSURANCE 885 ESCROW 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 51,701.08 117.15 11,841.13 2,589.08 84.88 6,483.75 1,040.05 1,512.14 655.31 1,356.01 389,429.41 6,407.10 1,573.46 66,075.70 104,791.99 397.80 239,265.87 56,540.00 5,788.13 1,596.51 7,491.67 111.75 58,262.25 213,476.56 1,726.47 1,230,315.25 CITY OF COLUMBIA HEIGHTS GL060S-V06.40 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 1,230,315.25 1,230,315.25 CITY COUNCIL LETTER Meeting of September 23, 2002 AGENDA SECTION: NO. ITEM: Local Law Enforcement Equipment Block NO. Grant Public Hearing ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson...,l~~' DATE: September 16, 200~,~* CITY MANAGER APPROVAL: DATE: BACKGROUND: The Columbia Heights Police Department has been granted an equipment block grant by the U.S. Department of Justice in the amount of $17,241. On July 22, 2002, the City Council approved a $1,916 match to this grant. On September 9, 2002, the Council set a public hearing date of September 23, 2002, as required by the grant. On September 16, 2002, a select committee of citizens made up of local government, law enforcement, criminal justice, and local school administration personnel met to review each of the equipment items listed in our equipment request (see attached list). The committee felt that the equipment listed was a good use of these funds. The final requirement of this grant is that we have a public hearing reference the proposed use of the funds. ANALYSIS/CONCLUSION: The Police Department has met all the requirements of this grant except the public hearing, which is being held today. RECOMMENDED MOTION: Move to waive the reading of Resolution 2002-56 there being ample copies available to the public. RECOMMENDED MOTION: Move to close the public heating, adopt Resolution 2002-56, and approve the list of equipment to be purchased with this grant. TMJ:mld 02-162 Attachment COUNCIL ACTION: RESOLUTION 2002-56 BEING A RESOLUTION ACCEPTING LOCAL LAW ENFORCEMENT EQUIPMENT BLOCK GRANT AND APPROPRIATING MATCHING FUNDS WHEREAS, the City of Columbia Heights Police Department has been granted $17,241 in an equipment block grant from the U.S. Department of Justice for the purpose of funding equipment, and WHEREAS, a condition of the grant is that the City provide $1,916 in local match for this grant, and WHEREAS, the City of Columbia Heights Police Department has provided the U.S. Department of Justice a proposal for implementation of funding for this grant. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City of Columbia Heights enter into a cooperative agreement with the U.S. Department of Justice for the project entitled Local Law Enforcement Equipment Block Grant Program for the period October 1, 2002, to September 30, 2003. That $1,916 be appropriated from unexpended funds in the Police Department 2002 budget to pay the local match. Passed this __ day of September, 2002 Offered by: Seconded by: Roll Call: Attest: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS POLICE DEPARTMENT 2003 Federal Equipment Block Grant List 1. Simunition Gear used in use of Force Training 8 head/Face masks 8 Protection Sleeves 1 Glock Simunition Gun 1 MP-5 Simunition Kit I Redman XP Suite $3,000 2. 2 each Air Tasers Less than Lethal Weapons $2,000 3. t ea. DPMS .223 Cal. Rifle 975 4. Varda Alarm upgrades 1 each Upgrade existing Varda Alarm to digital 3 each Auto Theft Kit ATK900 3 each ET2LT Tilt Transmitter 3 each RTDLS Body Heat sensor V30001 Receiver 3 each B-1 Battery 14VAH for Alarms 3 each A-l/4 antenna 150 or 450 MHz $2600 5. Cabinet for remote Surveillance Camera $ 500 6. Replacement Seat Caddy's for Squad Cars $ 550 7. Digital Camera for Investigations Canon Powershot A 40 Dig Camera CAF-7634A001 Canon NB4-100 4-AA NIMH Battery CAF-6871A002AA Canon PCS 20 DLK Soft Case CAF-737A001AA Kingston 64MB Compact Flash Card KIN-C/F64 $ 375 8. Transport Belts for marked Squads x 10 each $ 270 9. 2 each Replacement Light Bars for Marked Squads $4500 10. Replacement Radars for Marked Squads $2700 10. Water Proof Covers for Squad Car keyboards Tax Total Buffer $ 200 $1148.55 $18818.55 $ 338.45 CITY COUNCIL LETTER Meeting of September 23, 2002 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: NO: ~19 ~ Fire APPROVAL ITEM: Close Hearing BY: John Crelly BY:~f~ Rental License Revocation DATE: September 18, 2002 NO: DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Maumer Sekizovic regarding rental property at 4357 Tyler Place NE for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of September 23, 2002. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Maumer Sekizovic Regarding Rental Property at 4357 Tyler Place in that the Property complies with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of September 23, 2002 AGENDA Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL No: ¢ C Heating BY: John Crelly BY' ~~ ITEM: Close Rental License Revocation DATE: September 18, 2002 DA~E: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Joe Tohey regarding rental property at 1207-1209 Circle Terrace Blvd. NE for failure to meet the requirements of the Residential Maintenance Code was scheduled to commence at the City Council meeting of September 23, 2002. The public hearing on this property may now be closed in that the property owner has corrected all deficiencies inside the building and has received an extension to complete the work on the outside of the building. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Joe Tohey Regarding Rental Property at 1207-1209 Circle Terrace Blvd. NE in that the Property Owner has corrected all deficiencies inside the building and has received an extension to complete the work on the outside of the building. COUNCIL ACTION: CITY COUNCIL LETTER Meetin$ of: September 23, 2007. AGENDA SECTION: Other Business ORIGINATING DEPT.: CITY MANAGER NO: "~ - A - ~ Community Development APPROVAL NO: Case # 2002-0908, 3906 Reservoir Blvd NE DATE: September 17, 2002 Issue Statement: This is a request continued from the City Council meeting on September 9, 2002, for a lot split of the property located at 3906 Reservoir Blvd NE. The applicant is proposing to split the property down the center, thereby creating twinhome zero lot line parcels. Background: Section 9.410(4) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. There are no previous Planning and Zoning Commission cases on this site. Analysis: The proposed lot split meets the minimum requirements of the Zoning and Subdivision Ordinances. The proposed split would still allow for the resulting twinhome parcels to be in conformance with City requirements. The fi'ont yard setback is typically 25 feet, but staff is requiring this structure to be placed at a 50 foot setback so as to be consistent with adjacent structures on Reservoir Boulevard. The applicant submitted two designs for the twinhome, one with attached garages facing Reservoir, and the other concept with detached garages in the rear of the property. The Planning Commission informed the applicant that they preferred the detached garage concept, as it is more consistent with the adjacent homes on Reservoir Boulevard. Recommendation: The Planning and Zoning Commission held a Public Heating for the request on September 3, 2002. They voted to recommend City Council approval of the lot split at it is consistent with City zoning and subdivision standards. Recommended Motions: Move to waive the reading of Resolution 2002-55, there being ample copies available to the public. Move to adopt Resolution 2002-55, a resolution approving a lot split of the property at 3906 Reservoir Boulevard NE. Attachments: Staff Report: Resolution 200245, Certificate of Surve?; Area map: and Notice of Public Hearing COUNCIL ACTION: Case: 2002-0908 Page: 1 STAFF REPORT TO TNF. PLANNING AND ZONING COMMISSION FOR TI:rE SEPTEMBER 3, 2002 PUBLIC HEARING Case #: 2002-0908 GENERAL INFORMATION Owner: Address: Phone: Parcel Address: 3906 Reservoir Blvd NE Zoning: R-2, Single and Two-Family Residential Comprehensive Plan: LDR, Low Density Residential Terrell Berglund 3011 Arthur Street NE Mpls, MN (612) 789-6097 Applicant: same Surrounding Zoning and Land Uses: Zoning North: R-2 South: R-2 East: R-2 West: R-3 Land Use North: Residential South: Residential East: Residential West: Residential BACKGROUND Explanation qf Request: A request for a lot split of the vacant property located at 3906 Reservoir Blvd NE. Currently 3906 Reservoir Boulevard is one parcel measuring 60 feet by 160 feet. The applicant is proposing to split the property down the center, thereby creating twinhome zero lot line parcels. Case History: There are no previous Planning and Zoning Commission cases on this site. Case: 2002-0908 Page: 2 ANALYSIS Surrounding Property: The surrounding property is zoned R-2, single and two-family residential and is used residentially, as well as two apartment buildings across the alley to the west. Technical Review: Section 9.410(5) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission, which shall make findings and submit its recommendation to the City Council. Section 9.903 of the Columbia Heights Zoning Ordinance regulates lot area, width, and yard requirements in the R-2 District, and Section 9.603 regulates accessory structures. Applicable requirements are as follows. Minimum lot size shall be 9,000 square feet for both twinhome lots or 4,500 for each twinhome lot - Parcel "A" will be 4,500 square feet and Parcel "B" will be 5,100 square feet, both of which meet minimum lot size requirements. Minimum lot width shall be 60 feet - Both parcels together are 60 feet wide, meeting requirements. Front yard shall be a minimum of 25 feet. However, staffis requiring this structure to be 50 feet from the front yard property line, because the average front yard setback for adjacent structures is much greater than required by ordinance. The ordinance indicates that the required setback shall not be more than fifty (50) feet- The proposed twinhome structure on Parcel A and Parcel B will be 50 feet from the front property line, in line with the structure to the south. Rear yard shall be 20% of lot depth - The proposed twinhome buildings on Parcel A and Parcel B will both meet this requirement. Side yards shall be at least five feet - The proposed twinhomes on Parcel A and Parcel B will meet all setbacks from side property lines, which exceed 5 feet. Detached accessory structures shall be at least 3 feet away from side and rear property lines - The proposed detached garages for Parcel A and Parcel B which will face the alley, will be approximately 9 feet from side yard property lines, and will be set back 20 feet fi'om the rear yard line. Any lot under 6,500 square feet may have a building lot coverage of up to 35% - the lot coverages on Parcel A and Parcel B will be right at 35%, so the proposal meets these requirements. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area as future low-density residential development. Case: 2002-0908 Page: 3 Summary: The positive aspects of this proposal are as follows. 1. The proposal is consistent with the City Comprehensive Plan and meets the minimum requirements of the Columbia Heights Zoning Ordinance. 2. This will be the third twinhome constructed in the City of Columbia Heights. CONCLUSION Star_f Recommendation: Staff recommends approval of the lot split as it meets the technical standards of the Zoning Ordinance and is consistent with the City Comprehensive Plan. Recommended Motion: Move to recommend City Council approval of the lot split as it is consistent with City subdivision standards. Attachments: Completed application form; Certificate of Survey; Area map; Resolution; and Notice of Public Hearing CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Oft/' Website at: ww~*:ci, cohtmbia-heights, nm. us M£M~£1~S Thomas Rams#e#, Chair Oonna $chmitt Stephan Johnson Tamara Ericson PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, September 3, 2002. The order of business is as follows: A request for a lot split of the property located at 3906 Reservoir Boulevard NE. The current property is vacant and is proposed to be split down the center of the property, in order to accommodate a future twinhome structure. Section 9.410 of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission, which shall submit its findings and provide a recommendation to the City Council. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS I l 28.10 ----RESERVOIR BOULEVARD ,~ "~i:.~,..:". i" TIlE CiTY OF COLUMBIA HEIGHTS GOES NOT I")ISCRIMINATE ON THE BASIS OF OISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY !~'MPLOYER ,/ Z Proposal- Lot Split Berglund 3906 Reservoir Blvd. The proposal is to split the existing 9600 sq ~ lot lengthwise into two parcels, one being 5100 sq mi, the other being 4500 sq fi. The unequal split is necessary because of a I Oft driveway easement on the southwest side of the existing parcel. The intent of the split is to build a twinhome of approximately 1500 sq ft per unit with detached double garages that will blend in architecturally with the surrounding neighborhood. 965 ~ 40 TH AVE 95O 950 3940 1000 39TH AVE 1100 1200 3836 3850 3826 3816 3812 3806 373.32 3726 3720 .3712 !i lit I i -.../ RESOLUTION NO. 2002-55 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 Terrell Berglund, Hereby requests a split of PIN 36 30 24 33 0017 Legally described as: Lot 36; Block 6, Reservoir Hills; Anoka County, Minnesota. Subject to an easement for driveway and walkway purposes for ingress and egress to and from Reservoir Boulevard and the alley in Block 6; Reservoir Hills in favor of Lot 35, Block 6, Reservoir Hills over the southwesterly 10 feet of Lot 36, Block 6, Reservoir Hills. Together with an easement for driveway and walkway purposes for ingress and egress to and from Reservoir Boulevard and the alley in Block 6, Reservoir Hills over the Northeasterly 3 feet of Lot 35, Block 6, Reservoir Hills THE DESCRIPTIONS HENCEFORTH TO BE: Parcel A: The Northeasterly 28.10 feet of Lot 36, Block 6, Reservoir Hills, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. Tract B: Lot 36, Block 6, Reservoir Hills, EXCEPT the Northeasterly 28.10 feet thereof, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota; Subject to an easement for driveway and walkway purposes for ingress and egress to and from Reservoir Boulevard and the alley in Block 6, Reservoir Hills in favor of Lot 35, Block 6, Reservoir Hills over the Southwesterly 10 feet of Lot 36, Block 6, Reservoir Hills. Together with an easement for driveway and walkway purposes for ingress and egress to and from Reservoir Boulevard and the alley in Block 6, Reservoir Hills over the Northeasterly 3 feet of Lot 35, Block 6, Reservoir Hills. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (I) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: This ~ day of ,2002 Offered by: Seconded by: Roll Call: Zoning Officer Signature of Owner, Notarized Owner's Address Telephone No. SUBSCRIBED AND SWORN TO BEFORE ME this day of ,2002 CITY COUNCIL ACTION: Notary Public This ~ day of ,2002. Offered by: Seconded by: Roll Call: Secretary to the Council Gary Peterson, Mayor CITY COUNCIL LETTER ~ouncll Meetln ~ oi: ~epremoer zJ, ZUUZ AGENDA SECTION:~""n ~_ [ ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: COUNTER PROPOSAL NUMBER ONE BY: WILLIAM ELRITE BY: FOR PROPERTY AT 4849 CENTRAL DATE: 09/18/02 bt/Z/ DATE: AVENUE N.E. At the July 22na City Council meeting the council authorized the Mayor and City Manager to enter into a contingency offer for the Central Avenue property. The original offer was for the amount of $3,000,000 and contained several contingencies that included relocating Hollywood Video, acquiring 4,000 square feet of the Savers' space, and being financially feasible. At the present time, the owner of the property has made a counter offer to the City removing some of the contingencies including Savers giving up 4,000 square feet and increasing the purchase price to $3,485,000. In addition to this, they have disclosed the actual rent received which is more than the previous estimate. As you may recall, originally our real estate advisors felt the property was worth $3.3 million but we went in with a lower offer. Based on the increase in rental income, it is staff's recommendation that we counter the owner's proposal by increasing the offer to $3,300,000. The increase in projected rental income is $30,240 per year or $302,400 over ten years. When compared to our original projections on this property, the increase in rental income is greater than the $300,000 that we are increasing our offer by on the property. Even if the City were not considering this property for a liquor location, investing in it could be a very wise decision. I have attached a separate chart showing investment return on this property versus traditional government securities. As you know, the City is very limited by state statutes as to what we can invest surplus City funds in. Under these statutes, the current rate of return on allowed traditional investments is 3.8%. The rate of return on the property at 4849 Central is 9.67% based on a purchase price of $3.3 million. As you can see from the attached chart, by investing in this property, the City's ten-year excess profit over traditional investments would be $1,937,100. This information is included simply to substantiate the value of seriously looking at investing in this property. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a contingency offer for the property at 4849 Central Avenue N.E. based on the revised purchase agreement. NOTE: As of 09/20/03 the City attorney's office had not had time to revise Legacy's counterproposal. The revised version will be distributed Monday night at the council meeting. Attached is the non-revised copy of the purchase agreement. WE:sms 0209182COUNCIL COUNCIL ACTION: LEGACY ..... COVPANIES September l 0, 2002 Sent Via Federal Express #612-785-7553 Mr. Tom Solz Real Estate Property Advisors 1950 Benjamin Street Minneapolis, MN 55418 RE: Landlord's response to Purchase & Sale Agreement dated August 12, 2002 4849 Central Avenue NE Columbia Heights, Minnesota Dear Tom: Please find attached an executed Purchase and Sale Contract from the O~ers of the Saver's project in Columbia Heights, J.G. Columbia, EEC. This Purchase and Sale Contract is intended as a response to the City of Columbia Heights Offer to Purchase, dated August 12, 2002. In review of this Contract, please notice that the Purchase Price is $3,485,000. This Price represents a cap rate of approximately 9.16% on the total current annual income of $319,240. Please see Exhibit B of the Contract for a breakdown of that income. That Purchase Prices does not include any value placed on the available pad site. Therefore, if the Buyer is successful in relocating Hollywood Video to the pad, this would represent a significant increase in the value ofthe Property. This Conlract does contain a sixty (60) day contingency for the Buyer to determine if they will be able to relocate Hollywood Video to the pad, however does not include any language regarding Savers releasing any of their current space. Please review the Contract and feel fi'ee to call me with any questions you may have prior to presenting it to the City of Columbia Heights. My direc~ line is 425-450-2373. I apologize for the delay. Robert Coron Legacy Commercial, L.L.C. RE/dh Enclosure Legacy Capital. LLC Legacy Commercial. LLC 400- 112th ^ye. NE Suite 230 Bellevue, WA 98004 p 425 450.2300 f. 425.646.9013 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights. MN 55421-3}478 ( Finance Departmer~l[ Information Systems Financial Reporting Accounts Payable Utility Billing Payroll OtTicc (763) 706-3600 TDD 1763) 706-3692 Fax: {763) 70b-3637 September 18, 2002 Charles Seykora BARNA, GUZY, & STEFFEN, LTD. 200 NW Coon Rapids Boulevard Coon Rapids, MN 55433 Dear Chuck: Enclosed is a counter proposal purchase agreement from Legacy Companies representing J.G. Columbia, L.L.C., the owner of the property at 4849 Central Avenue N.E. We are requesting that you review their counter proposal purchase agreement for any concerns you may have or items of significance that should be deleted or modified. It appears that they have used their purchase agreement format, which we do not have a problem with as long as there are no provisions that would be detrimental to the City of Columbia Heights. As they are in the business of buying and selling property, I am sure it is their preference to use their standard document. Anything we can do to accommodate this may expedite the purchase of the property. However, we do not want to accommodate them by using their purchase agreement if it is detrimental to the City of Columbia Heights. At the present time we want to counter their purchase agreement with the following modifications: 1) Our proposed purchase price offer should be increased to $3,300,000. The contingencies in Legacy Companies proposed purchase agreement should be increased to include the following contingencies. 5) Purchaser shall have 60 days for the City's engineer/architect to determine if it is within current zoning requirements to add 4,000 square feet to the current building and add a 5,000 square foot pad building on the site while maintaining adequate parking setbacks and other requirements. 6) The City's financial advisor, Ehlers & Associates, will have 60 days to review the current tenant leases and the costs of making the necessary modifications to the property to accommodate a municipal liquor store and to determine that the project is financially feasible. In essence, these contingencies, along with what is already in Legacy Companies proposed purchase agreement, would replace our previous contingencies a, b, c and d. The wording of the above contingencies is to convey our intent to you. We expect that you will reword this in the correct legal format. If you have any questions regarding this, please contact me. At this time, it is our goal to have a revised purchase agreement back from you by Friday morning so that it can be included in the City Council packet that goes out at noon on Friday. If for some reason this timetable cannot be met, please let me know as soon as possible. Sincerely, ,', ~ilham Elrite Finance Director WE:sins 0209181LIQ Enclosure c: Walt Fehst, City Manager Larry Scott, Liquor Operations Manager Tom and Gordy Solz, TGS Partnership Service Is Our Business THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City of Columbia Heights Comparison of Conventional Investment to The Investment in Property at 49th and Central Factors 49th and Central Monthly Rent Cap Rate Sellers Proposed Price 319,240 9.16% 3,485,000 City's Proposed offer Annual Rental Income Annual Percent of return on investment 3,300,000 319,240 9.67% Return on Investment Annual Annual 10 Year Amount of % of Retum Dollar Return Dollar Return Investment on Investment on Investment on Investment Government Securities 3,300,000 3.80% 125,400 1,254,000 Property at 49th and Central 3,300,000 9.67% 319,110 3,191,100 Increased Profit to City 193,710 1,937,100 Current Liquor Store Rental at 44th & Central 11,838.00 Square Feet Description Amount Annual Per Sq Ft Cost Rent 7.50 88,785 CAM 2.02 23,868 Insurance 0.10 1,236 Real Estate Tax 2.66 31,536 Total Current Rental Cost 12.28 145,425 For the above rental payment the City is not gaining any equity or long term investment in the property. By purchasing property the City could put this money to work in gaining equity and a long term investment. Had the City purchased property in 1984 when we opened Top Valu it could be paid for by now. In this case the City would be saving at least $130,000 a year or would have that amount available as additional revenue to use on other projects or to simply use it to reduce property taxes. Prepared 9/20/2002 49th return on invSheetl REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION THIS IS A LEGALLY BINDING CONTRACT. READ CAREFULI. Y BEFORE SIGNING. THIS PURCHASE AND SALE, hereinafter the "Agreement" is made this I 0'~ da)' of September, 2002, by and between "Purchaser" and "Seller" as hereinafter defined. NOW THEREFORE THIS PURCHASE AND SALE AGREEMENT WITNESSETH that in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: The undersigned Purchaser, City of Columbia Heights, a Municipal Corporation and/or assigns ahe "Purchaser'), agrees to purchase and the undersigned Seller, J.G. Columbia Heights, LLC. (the "Seller"), agrees to sell, on the following terms, the Property as described hereinafter on the following terms and conditions: PROPERTY. The Property, is real property commonly known as 4849 Central Avenue NE, in the City of Columbia Heights, State of Minnesota, which consists of 152,598 square feet (3.50 acres) of land and a building comprising of 32,384 square feet, as legally defined in Exhibit A and shown as Exhibit A-1 attached hereto (the "Prooertv"). Included within the definition of the Property is the following: 1.1 The Real Property descr/bed in Exhibit A, together with all improvements and buildings thereon. !.2 All rights, privileges and easements appurtenant to the Property used in connection with the beneficial use and enjoyment of the Property (the "Awunen~nces"). 1.3 All personal property, equipment, fixtures or improvements employed in the use, repair, maintenance or improvement of the Property or any improvement thereon (the "Personal Pro_~ertv"). i.4 All tenant leases or rental agreements for any portion of the Property, and all deposits of any nature made by any tenant and all rental payments associated therewith accruing after the Date of Closing (the "Leasehold Interest:;). II. PURCHASE PRICE. The total purchase price for the Property is Three Million Four Hundred Eighty Five Thousand Dollars ($3,485,000) fthe "Purchase Price") payable as follows: Cash: Upon Closing, the Purchaser shall pay to the Seller the sum of Three Million Three Hundred Eighty Five Thousand Dollars (I;3,385,000) in cash (Purchase Price less Deposit). III. DEPOSIT. Upon mutual execution of this Agreement and delivery of an executed copy to the Purchaser by the Seller (the "Effective Date"), the Purchaser shall execute and deposit a promissory note in the form (the "De_oosit Nolle") with the Escrow Agent, as specified in Section V hereof. Upon completion and satisfaction of the contingency periods stated in Section IV below, the Purchaser shall replace the Deposit Note with cash in the amount of One Hundred Thousand Dollars ($100,000) "Deoosit"). IV. CONTINGENCIF, S. 4.1 Nature of Continger~¢i¢l~. 'fhe Purchaser's obligations herein are expressly contingent upon the Purchaser determining in its sole discretion to waive each of the following contingencies. The Purchaser shall have the below-de~'r~bed time periods fi.om the date of mutual execution of this Agreement to remove the following contingencies: Clear Title: Within thirty (30) days fi.om Purchaser's receipt of preliminary title ns provided in section VI, the Purchaser must determine that the condition of title to the Property, including all easements and restrictions, and matters shown on the required Survey, are fully satisfactory and acceptable to Purchaser. ii. Hazardous Substan~:~s: Purchaser, at Purchaser's expense, will complete a current Phase I Environmental Audit (the "Audit") or otherwise satisfy itself as to the environmental condition of the Property within forty-five (45) days of the Filename: REAL_~T~CONTRACT~UR&SALE\CoIumbia Heights P&S.doc Page I of lO Effective Date. If the Audit reveals a "significant quantity" of hazardous substances (hereinafter defined under the State of Minnesota statutes), including but not limited to asbestos, PCB(s), urea formaldehyde insulation, ancL'or soil or ground water contamination, including but not limited to TCE, PCE, or hydrocarbon products, or if the report recommends Phase 11 inspections for any reason, this contingency period will be extended for an additional forty-five (45) days, at Purchaser's option, for the purpose of Purchaser completing, at Purchaser's expanse, timber envirom~ental les~s (Phase II audit). If Purchaser does no~ waive this contingency as provided, this Agreement shall expire, as provided. For purposes of this paragraph, "significant quantity" of hazardous substances is defined in 42 U.S.C., paragraph 9602 and the regulations promulgated thereunder. A current Phase I Environmental Audit shall be defined as an environmental assessmem of the Property with scope defined by industry standards and general tn'aclices which is completed by a firm acceptable to both parties. IlL Structural Defects: The Purchaser has forty-five (45) days to determine if any material defects or deficiencies exist on the Property or in any of the improvements on the Property. iv. Relocation of Hollywood Video: Purchaser shall have sixty (60) days to determine if they are able to relocate Hollywood Video from their existing end cap location to the available pad site. 4.2 Waiver of Contin£encies: lfthe Purchaser does not notify the Seller in writing within the above-stated time periods that the contingencies as described in Section 4.1 have been satisfied, this Agreement shall automatically become null and void, and upon the Purchaser's demand, the Deposit Note (or the Deposit, if it has been made, plus all accrued interest accrued thereon) shall immediately be returned to the Purchaser. Upon receipt by the Seller of written notice from the Purchaser.that the Purchaser has waived its contingencies and is prepared to proceed with the purchase of the Property, the Deposit shall be made pursuant to Section I11]. 4.3 Disoosition of the Deoo$it: In the event that the Purchaser defaults and the sale of the Property is not consummated, the Deposit, plus interest accrued thereon, shall be paid to and retained by the Seller as the Seller's sole liquidated damages. Thereafter, the Purchaser shall have no liability under the terms hereof and all of the Purchaser's duties and obligations herein shall be terminated and of no further force or effect. in the event that the Seller defaults and the sale of the Property is not consummated (due lo the Seller's failure to close or the Seller's inability to provide title to the Property as defined her~in or the Seller's breach of any warranty or assurance herein) upon the Purchaser's demand, the Deposit, plus interest accrued thereon, shall be returned to the Purchaser; provided, the return of the Deposit shall not be deemed an election of remedies and shall not terminate any fights of the Purchaser (arising at law or at equity), to sue for specific performance or to recover all damages resulting from the Seller's failure or inability to perform as specified herein. CLOSING AND ESCROW. 5.1 ~: Upon execution of this Agreement, the parties hereto shall deposit an executed counterpart with Chicago Title Company, Cthe "Escrow Atent"), for consummation of the purchase and sale contemplated herein. The Seller and the Pm'chaser shall execute such additional and supplementary escrow instructions ns may be reasonable or appropriate to enable the Escrow Agent to comply with the terms of this Agreement. In the event ora conflict between the provisions of this Agreement and any supplementary escrow instructions, the terms of this Agreement shall govern. 5.2 Date of Closin2: The Closing of this Purchase and Sale Agreement shall occur on or before that date which is thirty (30) days following the removal of all the contingencies as described in Section 4.2 hereof. 5.3 Payment of Purchase Price bv the Purchaser. The Deposit, plus all accrued interest, shall be applied as part of the cash portion of the Purchase Price. On or before the Date of Closing, the Purchaser shall pay the balance of the cash portion of the Purchase Price to the Escrow Agent [and shall execute and deliver to the Escrow Agent the Note and the Deed of Trust to be delivered to the Seller] upon the Purchaser's determination that all conditions to the Closing of this u'ansaction have occurred or been satisfied. Filename: REAL_9,T\CONTRACT~UR&SAL~Columbia Heights P&S.doc Page 2 of 10 5.4 Closing Obligations of the Seller: At Closing, the Seller shall deliver to the Escrow Agent the following duly executed and acknowledged documents (where appropriate): (i) A statutory warranty deed sufficient to convey fee simple title to the Real Property, all improvements thereon and the Appurtenances, subject only to the exceptions allowed by the Purchaser to be in the deed, together with an excise tax affidavit. (ii) A Bill of Sale for the Personal Property and an assignment of the Leasehold Interests. (iii) A Closing Statement in form and content satisfactory to the Purchaser. (iv) An affidavit that the Seller is not a "foreign person" as required by the Internal Revenue Code Section 1445Co)2D. A Tenant Estoppel Certificate for all tenants of the Property, dated and completed to within ten (10) days of the Date of Closing, reflecting information fully satisfactory to the Purchaser. (vi) A signed and acknowledged certification by the Seller, current as of the Date of Closing, reflecting the amount of all prepaid rental, deposits and other prepayments of any sums by any tenant or occupant of the Property, together with a check for all of such sums, payable to the Purchaser. 5.5 Prorations: Utilities and taxes for the Property shall be prorated as of the Date of Closing between the parties. All assessments shall be fully paid by the Seller. Rents and other sums coming due from tenants shall be prorated as of the Date of Closing. 5.6 Fees/Taxes: The parties shall share equally all recording and escrow fees. The Seller shall pay all excise taxes and all sales taxes associated with this transaction. VI. TFFLE. 6.1 Title on Closine: On the Date of Closing, title to the Property is to be free of all encumbrances, defects or exceptions, except those specifically approved by the Purchaser. 6.2 Title Commitment: Not later than seven (7) days from the date of mutual execution hereof, the Seller shall make available to the Purchaser a current preliminary title report issued by Chicago Title Insurance Company showing the condition of the Seller's title to 6.3 Survey: Within fifteen (15) business days after mutual execution of this Agreement, the Seller shall deliver an ALTA "as-built" survey (prepared in accordance with the "Minimum Standard Detail Requests for Land Title Surveys", jointly established and adopted by ALTA and ACSM in 1986), showing lot lines and monuments, buildings, boundary and setback lines, easements, utilities, lines, (including water and sewer lines to the point of connection with the public system), improvements, flood plain information, adjoining streets and adjacent property and encroachments (the "Survev"~. 6.4 Title Encumbrances: Within thirty (30) business days after receiving the preliminary title report and within thirty (30) business days aRer receiving the Survey, the Purchaser shall notify the Seller in writing of any objections the Purchaser may have to any exceptions reported in the title report or matters shown on the Survey. If, prior to the Date of Closing, the Seller is unwilling or unable to remove exceptions to title or survey matters objected to or provide for removal of encumbrances by payment of money at the Date of Closing, the Purchaser, at its option, may demand that the Deposit and all interest thereon be returned to Purchaser, and the Purchaser may thereafter pursue all remedies available under this Agreement. 65 Conveyance of ';;tie/Title lnSurao.lqe: At Clo,,ing, the'Seller shall convey to the Purchaser title to the Property by statutory warranty deed subject only to these exceptions permitted by the Purchaser to be in the deed, pursuant to this Section VI. The Seller shall also deliver an ALTA Extended Coverage Owner's Form B-1990 title policy in an amount equal to the Purchase Price issued by Chicago Title Insurance Company (the "Title Policy") and shall cause said company to issue the following endorsements: ALTA 3 or 3.1 (as appropriate)and 103.7, 100.6, I I0.1A or 110. lB, 116 and 116.4 (if appropriate). The Seller shall bear the cost of an ALTA standard coverage title policy and the cost of any endorsements, and the Purchaser shall bear the additional costs of the difference between a standard and an extended coverage title policy. The Title Policy shall contain only those exceptions, if any, permitted by the Purchaser pursuant to this Section VI. Filename: REAL_WP\CONTRACI~UR&SALE~CoIumbia Heights P&S.doc Page 3 of 10 VII. INSPECTION/REVIEW. 7.1 Property Inspection. The Purchaser and its agents or consultants, following mutual execution of this Agreement, may enter upon the Property during reasonable business hours in order to make or cause to be made an inspection of the physical condition of the Property, to conduct soil tests and hazardous substances tests to make or cause to be made a study of applicable zoning, regulations, laws and ordinances affecting the Property and/or construction plans or estimates for required repairs or modifications, and to interview tenants of the Property. Purchaser indemnifies Seller for any actual physical damages resulting to The Property as a result of Purchaser's negligence, if any. Such inspection and study shall not relieve the Seller of any express or implied warranty with regard to any aspect of the Property. 7.2 Documentation Review and Inspection. Within five (5) business days of the date of mutual execution hereof, the Seller shall deliver to the Purchaser true and correct copies of the Leases (including any amendments thereto) if any, copies of as-built plans and designs for the improvements on the Property and all other documents relating to the use or occupancy of the Property, including but not limited to, contracts for any service or supplies for the Property, permits, approvals, warranties, easement/maintenance agreements, tent rolls, expense reports, tax statements, environmental, sn'uctural, soils, equipment or roof reports within Seller's and/or Seller's agent's possession and copies of all correspondence relating to the Property for the prior twelve (12) months. 7.3 Tenant Estoooel Certificate:: within thirty (30) days of the date of mutual execution hereof, the Seller shall deliver originals of Tenant Estoppel Certificate executed by each tenant of the Properly. These Estoppel Certificates are to be updated at the time of Closing. See Paragraph 5.4 (v). VIII. REPRESENTATIONS AND WARRANTIES OF THE SELLER. The Seller hereby warrants and represents to the Purchaser as follows: 8.1 The Seller's Status. The Seller is duly authorized to do business under the laws of the State of Minnesota. The Seller is a not a "foreign person" within the meaning of Section 1445(0 (3) ofthe Internal Revenue Code. 8.2 Authority: The undersigned has full authority to execute this Agreement and to bind the Seller to the terms hereof. All documents executed or to be executed by the Seller at the Closing will be duly authorized, will be legal, valid and binding on the Seller, will be sufficient to convey bee and absolute title to the Property, and will not violate any provisions of any agreement or judicial order to which the Seller is a party or to which the Seller or the Property is subject. 8.3 Hazardous Substances: To the best of Seller's knowledge and belief, Hazardous Substances are not being generated, stored, leaked, released or disposed of, onto, under, upon or bom the Property and to the best of Seller's knowledge, there has been no release, storage, leakage or deposit of any hazardous substance onto, under, upon or bom the Property for the twenty years preceding the date of this Agreement. The term "Ha,*rdous Substances" shall be interpreted broadly to include but not be limited to ali hydrocarbon or petroleum products, all dangerous wastes, extremely ha,~rdous wastes, pesticides, ha-~rdous household substances, or hazardous substances, as now or hereafter defined under applicable federal, state or local statutes or ordinances herein "Hazardous Substances"). 8.4 Wetlands. To the best of Seller's knowledge, no portion of the Property is defined as wetlands under any local state or federal laws. 8.5 Load Bearint Caoacitv. To the best of Seller's knowledge, the load bearing capacity of the underlying soil conditions on the Property are suitable to maintain and/or construct a standard single-story retail building thereon. There is no evidence of filing, subsidence, sink holes, cracking or slumping. 8.6 Utilities: To the best of Seller's knowledge, storm, drainage, sanitary sewer, water, gas, power and any other utilities normally required for development of the Property into a retail facility are available at the Property line and may be utilized by the Purchaser without payment of hook-up fees, latecomer fees, facility charges or other expenses charged for the connection of Improvements on the Property thereto. 8.7 Defects: To the best of Seller's knowledge, there are no material defects or deficiencies in the Property or any buildings or improvements thereto, and there is no violation of any applicable building or zoning regulations relating to the Property or any buildings or improvements thereto. Filename: REAL_~I,T~2ONTRACT~UR&SALE\Columbia Heights P&S.doc Page 4 of l0 IX. 8.8 Encumbrances: To the best of Seller's knowledge, no improvements or buildings on surrounding properties encroach upon the Propert3' and no improvements or buildings on the Property encroach on surrounding properties. 8.9 Permits: To the best of Seller's knowledge, all government permits and approvals for the operation, use or occupancy of all or any pan of the Property have been obtained. 8.10 Zonine ComnHance. To the best of Seller's knowledge, all zoning, land use, environmental, building and construction laws and regulations affecting the use or occupancy of the Property have been complied with. 8.11 Condemnation/Litigation: To the best of Seller's knowledge, there is no condemnation proceedings pending with regard to any pans of the Property. There is no litigation or proceeding pending or threatened with regard to any aspect of the Property. 8.12 Svecial Assessments: Thtve ~r~ no special assessments levied, in the process, pending or threatened with regard to the P--ropeny. CHANGE IN CIRCUMSTANCES. If, prior to the Date of Closing, the Seller becomes aware of any material fact or circumstance which would change a representation or warranty, or if any change occurs or is mandated in any provisions of this Agreement, then the Seller shall immediately give written notice of such changed fact or circumstance to the Purchaser, but such notice shall not relieve the Seller of its liabilities or obligations herein. If the Seller shall give written notice of any change prior to the Date of Closing, the Purchaser shall have the option to either (a) terminate this Agreement, in which event the Deposit and all interest thereon shall be returned to the Purchaser or Co) compel the Seller to remove or resolve the changed fact or circumstance. MISCELLANEOUS. 10.1 Possession. Possession of the Property shall be delivered to the Purchaser on the Date of Closing; the Property and all buildings and improvements shall be in the same condition and state of repair as of the date all contingencies are waived. 10.2 Amendment. This Agreement can be amended only in writing signed by all parties. 10.3 ~: This Agreement constitutes the entire agreement of the parties; all other agreements, ora] or written, belxveen the parties hereto regarding the Property are hereby merged into and superseded by this Agreement. There are no other agreements which modify or affect the terms hereof. ]0.4 Notices. Ali notices required herein shall be in writing and made and given to either of the parties hereto at their addresses herein set forth and shall be effective as of two (2) days aier mailing by U.S. certified mail, return receipt requested, or upon actual delivery, if sooner. To the Purchaser at: To the Seller at: Legacy Commercial, L.L.C. Ann: William H. Fraser 400 112*' Avenue NE, Suite 230 Bellevue, WA 98004 Fax: (425) 646-9013 City of Columbia Heights Ann: Randy Schumacher 590 - 40*' Avenue NE Columbia Heights, MN 55421-3878 10.5 ~.iiLd~ZF,_]~. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of each of the parties hereto. 10.6 Controlline Law. The performance and interpretation of this Agreement shall be controlled by the laws of the State of Minnesota. 10.7 Default and Attorney's Fees. If either party defaults (that is, failure to perform the acts required of it) in its contractual performance herein, the non-defaulting party may seek specific performance pursuant to the terms of this Agreement, damages, or rescission. If the non-defaulting party seeking damages or rescission is the Purchaser, the earnest money, upon demand, shall be refunded. The Seller shall be liable to the Purchaser for the Purchaser's damages, together with reasonable costs expended including loan fees, inspection fees, etc., and all losses suffered. Filcnamc: REAL_WI~CO~CI~UR&SALE~Columbia Heights P&S.doc Page 5 of 10 10.'8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 If the non-defaulting party is the Seller, the earnest money, upon demand, shall be forfeited as liquidated damages and the Seller shall have no further claim of any nature against the Purchaser. In the event that either the Purchaser or the Seller shall institute suit to enforce an), rights herein, the successful party shall be entitled to court costs and a reasonable attorney's fee. Waiver of Conditions. The Purchaser's obligation to proceed to Closing shall be conditioned upon the Seller's performance of all its obligations contained in this Agreement and full satisfaction of all contingencies. The Purchaser may in its sole discretion elect to waive failure by the Seller to perform any particular obligation or any contingency hereto and to proceed with Closing. Ciosine/Unavoidable D~loy. In the event that this sale cannot be closed by the Date of Closing due to the inability of either party, the Escrow Agent, title insurance company, financing ~on or bn~ker to sign and/or deliver any necessary document, or deposit any necessary money because of interruption of air or other available transport (i.e., strikes, fire, flood, or extreme weather, governmental regulations, incapacitating illness, acts of God or similar occurrences), the Date of Closing shall be extended for up to thirty (30) days beyond the Date of Closing provided herein. Provided, the Purchasers must expressly agree to such extension. Authoritw to Execute This Am'eement. If the Seller is a corporation, parmership, trust, estate or other entity, the person executing this Agreement on its behalf warrants his or her authority to do so and to bind the Seller. Time is of the Essence. Time is of the essence in this Agreement. Assienment. The Purchaser reserves the fight to assign all or any portion of the rights under this Agreement without the prior consent of the Seller. In such event, the assignee shall assume ali of the obligations of the Purchaser herein and the Seller shall be deemed to have released the Purchaser fxom all obligations herein. Headin£s/Constructi0n. The headings of the paragraphs are inserted solely for the convenience of the parties and are not a part of and are not intended to govern, limit or aid in the construction of any term or provision hereof. In construing the parties' intent with regard to this Agreement, no greater or stricter construction of any term or provision hereof shall be asserted against the drafter. Survival. All of the Seller's covenants, agreements, warranties, representations and assurances set forth herein, or in any document delivered or to be delivered pursuant hereto or in connection with the lyansaction contemplated herein, shall survive the Closing ofthis transaction and shall not merge with the transfer of title or the Deed. Foreien Investment in Real Prooenv Tax Act. The parties shall comply in all respects to the Internal Revenue Code, Section 1445 and the regulations issued thereunder with regard to this closing. Countemarts. This Agreement may be executed in identical counterparts, all of which, when taken together, shall constitute one document. Section 1031 Exchanee. Seller intends to structure this Iransaction as a tax deferred exchange pursuant to IRC § 1031 and the regulations pertaining thereto. Purchaser agrees to cooperate with Seller's exchange provided Purchaser incurs no additional cost or Filenamc: REAL_WP\CONTRACT~UR&SALE~Columbia Heights P&S.doc Page 6 of 10 ACCEPTANCE. This contract shall be valid and in force if full>' executed by the Seller and returned to the Purchaser on or before 5:00 p.m. PST, September 18, 2002. For: CITY OF COLUMBIA HEIGHTS, A MUNICIPAL CORPORATION (Purchaser) Printed Name: Title: Date For: J.G. COLUMBIA HEIGHTS, L.L.C. P~'inted Name: William H. Fraser Date Title: / l/~ff/~ ~ r (Seller) Listing Agent's Initials Selling Agent's Initials Filename: REAL_9,T\CONTRAC"I~LTR&SAL~Columbia Heights P&S.doc Page 7 of !0 EXHIBIT A REAL PROPERTY LEGAL DESCRIPTION PROPERTY DEgCRIPTION (Per Title Commitment Application No. A 638483 ¢) That part of Section 25, Township 30, Range 24 described as follows: Beginning at the Northwest corner of the Southwest Quarter of said Section 2S. Thence South along the West line thereof 383.0 feet. Thence East st r~ght angles 550.0 feet. Thence Nort~ a= rlgl~t an~o$ 254 feet ~ore or less to the centerline of 49th AYe~ue NE. Thence Northwesterly along the ~a~d centerlins to the point of beginning, according to the U~te~ States Government Survey thereof and situ~to in Anoka county, Minnesota. Filcname: REAL_W'P\CONTRACT~PUR&SALE~,Columbia Heights P&S.doc Page 8 of ! 0 EXHIBIT A-I SITE PLAN CENTRAL AVENUE / / / / / / Filename: RE.4J.,_WP~ONTRAL-"'I'~UR~SALE~Columbia Heights Pz'S.doc Page 9 of I 0 EXHIBIT B LIST OF LEASES AND RENTAL AGREEMENTS 1) Savers # 1029: Lease expires 8/31/11 24,224 sq. ft. Rent: $8.:46 SCl. ft. yr. Annual Rent:S205,000 2) Hollywood Video: Lease expires: 2/28/06 8,160 sCl. ft. Rent: $I4 sq. g. yr. Annual Rent: $114,240 Filename: REAL_WP\CONTRACT~PUR&SALE\Columbia Heights P&S.doc Page 10 of 10 City of Columbia Heights Park and Recreation Commission August 28, 2002 The meeting was not called to order due to lack of a quorum. An informational discussion was held. The following overview summarizes what was discussed. ROLL CALL Members present: Jerry Foss; Tom Greenhalgh; Gary Peterson; Kevin Hansen, Public Works Director/City Engineer; Keith Windschitl, Recreation Director Members absent: Eileen Evans; Gary Mayer; Bill Peterson Also present: Tom Ruen LETTERS AND REQUESTS: Tom Ruen, a Columbia Heights resident residing at 4859 E. Upland Crest, requested a replacement bulletin board be placed in Hilltop Park. He is willing to ask for donations from his neighbors in order to pay for the new bulletin board. In November 1997, Tom Ruen requested that a bulletin board be put up on Hilltop Park for informational purposes between residents and the community. Public Works Foreman, Tim Lund, built the bulletin board for the residents. Since then the bulletin has been moved to Prestemon where it will serve as an information kiosk educating park goers about the wetland restoration. Mayor, Gary Peterson, asked Public Works Director/City Engineer, Kevin Hansen, if it is possible for Tim Lund to give Tom Ruen a quote on a smaller bulletin board. He also suggested that Tom Ruen attend a City Council meeting with a dollar amount on donations that he was able to collect. Public Works Director/City Engineer, Kevin Hansen, stated that he would ask Public Works Foreman, Tim Lund, to price out a smaller bulletin board. He also suggested that Tom Ruen follow up with him in a week. PUBLIC WORKS DIRECTOR/CITY ENGINEER Public Works Director/City Engineer, Kevin Hansen, distributed a catalog to show the commission members different options and to get the input for holiday decorations on Central Avenue. He stated that he would like to see one style for 22 poles and a different style on the remaining 22 poles. Commission members equally felt that there would need to be decorations that would be appealing for both daytime and nighttime. Commission Member, Jerry Foss, asked if it was possible to get the business community involved to help defer the cost. Public Works Director/City Engineer, Kevin Hansen, will look into that option. Commission Member, Tom Greenhalgh, recommended that the Council determine a budget amount and give that amount to the interested companies and ask them to design a holiday decoration plan that stays within the allotted budget amount. PAGE TWO Public Works Director/City Engineer, Kevin Hansen, will follow up with any further developments and/or Council action at the next Park and Recreation Commission meeting. Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that additional streetscaping would be taking place at the intersection of 40th Avenue and Central Avenue. The possibility of putting in a 4-sided clock is being looked into at this time. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF AUGUST 20, 2002 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruettimann at 7:06 p.m., Tuesday, August 20, 2002, in the City Hall, Police/Fire Training Room, 590 40th Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: Robert Ruettimann, Patricia Jindra, Marlaine Szurek, Gary Peterson, Julienne Wyckoff, Bobby Williams and Bruce Nawrocki Walt Fehst, Executive Director Bob Streetar, Deputy Executive Director Randy Schumacher, Community Dev. Assistant Cheryl Bakken, Secretary Mark Nagel, Housing Assistant CONSENT AGENDA Approval of Minutes Move to adopt the minutes of the July 16, 2002, regular meeting as presented in writing. Financial Report and Payment of Bills Move to approve Resolution 2002-11, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the financial statements for July, 2002 and approving payment of bills for July, 2002. MOTION by Peterson, second by Jindra, to adopt the consent agenda items as listed. All ayes. Motion Carried. ITEMS FOR CONSIDERATION Resolution 2002-12, Recommending Setting the EDA 2003 Levy Streetar stated that on an annual basis the EDA is required to adopt a Resolution recommending setting the EDA Levy for the coming year. Staff recommended $140,569, which is $3,554 higher than last year and is the maximum amount that we can levy this year under the State Statute. Streetar stated the Budget and Levy, will be reviewed in more detail at the EDA 's, September 17th meeting. MOTION by Peterson, second by Williams, to Adopt EDA Resolution 2002-12, being a Resolution of the Columbia Heights EDA recommending the preliminary EDA Levy. All ayes. Motion Carried. Tax Increment Financing Status Report Streetar stated the Board requested staff provide an updated status report of the Tax Increment Financing Districts. Revenues collected from districts A3, C7, C8 and K2 are pooled into one Economic Development Authority Meeting Minutes August 20, 2002 Page 2 of 3 fund and are pledged to pay off obligations that include bonds issued in 1990 and 1991 and a City Interfund Loan. In the year 2002, there is a deficit of approximately $400,000. Deficits are anticipated from 2003 through 2008, assuming no change in current property tax laws. They are expected to range from $123,000 to $199,000 annually and beginning in 2009 the pool will generate a surplus. In 2000, the City received a $300,000 grant from the State to cover a TIF deficit that occurred in 1999. Revenues collected from districts N7, M8, P3/P4, and R8 meet current obligations and are expected to meet future obligations. Ruettimann indicated he previously asked staff to provide a large map showing all TIF districts. Streetar stated the GIS department is working on the maps and they will be provided to the Board next month. Nawrocki requested Ehlers provide documentation from the late 80 's or early 90 's were a tax break was given to the properties in the Central Business District, to determine which years the agreement applied to. Ruettimann requested Ehlers provide a breakdown of each TIF district: 0 why they were developed; 2) how it impacted the City; 3) current status; and 4) their future projection. Eldridge, Ehler & Associates agreed to provide the information. She Ruettimann requested the Board meet with the City Council on the funds the City owes the EDA from the Crest View rewrite and some other administrative funds that are due to the EDA for funding the project. Williams, asked what steps need to be taken to remove the deficit. Eldridge stated they are trying to find the combination of options to minimize or eliminate the deficit. Some options would be: 1) obtain bonds; 2) a forgiveness of loan agreement; or 3) tax the residents. Municipal State Aid for Redevelopment Streetar stated at the July EDA meeting the Board requested a map showing the relationship between potential City redevelopment opportunities and the roads for which the City receives Municipal State Aid (MSA). Streetar explained that the maps show three redevelopment opportunities: 1) the industrial site; 2) 39th and Central (Mady's); and 3) 3 7th and Central. Kevin Hansen stated construction funds for 2003 and 2004 have been encumbered for the Central Avenue project. Therefore, the MSA funds won't be available for redevelopment until 2005. State Aid does not fund items identified as local responsibilities such as sewer, water, streetscaping or non-roadway related items. ADMINISTRATIVE REPORTS Industrial Area Redevelopment Plan Streetar stated that in the meetings between staff and United Properties it was discovered they would be hiring an architectural firm to work on the plan. Staff contacted Mark Koegler from the Hoisington Koegler Group Inc. to work with United as they have developed the Medtronics Economic Development Authority Meeting Minutes August 20, 2002 Page 3 of 3 study and helped the City write the grant for the $50,000 to do the Industrial Park Study, which will save the City money. Staff has started working on Phase I of the plan. The final plan should be ready for the City Council meeting of September 9th. Ruettimann expressed his concern that none of the developers indicated they don't have the staff to develop the plan for the City. Streetar stated United is the best company to do the development and to bring in companies to fill the units. ADJOURNMENT President, Ruettimann, adjourned the meeting at 8:15 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H 5EDAminutes2002\8-20-2002 HOUSING & REDEVELOPMENT AUTHORITY SPECIAL MEETING MINUTES OF AUGUST 20, 2002 CALL TO ORDER - The Special Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Marlaine Szurek at 6:39 p.m., August 20, 2002, in the City Hall, Fire/Police Training Room, 590 40~h Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff'Present: Marlaine Szurek, Gary Peterson, Julienne Wyckoff, Bruce Nawrocki and Bobby Williams Dennis Ecklund Jr Walt Fehst, Executive Director Robert Streetar, Deputy Executive Director Randy Schumacher, Asst. Community Dev. Director Mark Nagel, Housing Assistant Cheryl Bakken, Secretary Szurek stated that Parkview Villa's Annual Picnic is on Thursday the 22nd at 5:30 p.m. and Anita is looking for volunteers to help serve, clean up and set up for the event. CONSENT AGENDA Approval of Minutes Approve the Minutes of the Special Meeting on August 5, 2002. MOTION by Nawrocki, second by Williams, to approve the minutes from August 5, 2002, Special Meeting as presented in writing. All ayes. Motion Carried. ITEMS FOR CONSIDERATION Resolution 2002-06, Recommending Setting the HRA Levy Streetar stated annually the Board is required to adopt a Resolution recommending the HRA Levy for the coming year. This year staff is recommending a maximum Levy amount of $111,648. Streetar suggested a special meeting to be held prior to the EDA meeting at 6:30p. m. on Tuesday, September 17tn at City Hall to go through the HRA Budget. Resident, Robert Ruettimann, recommended when the Board looks at the Budget, they take into consideration where the funds will come from for the upcoming redevelopment projects. MOTION by Peterson, second by Wyckoff, to Adopt Resolution 2002-06, being a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights recommending setting the HRA Levy. All ayes. Motion Carried. OTHER BUSINESS 4828 5th Street Streetar stated that staff recently met with the property owner at 4828 5tn Street who is interested in selling the property to the City. The home is in poor condition and that GMHC is willing to purchase the property, demolish the home and rebuild a 1, 702 square foot home as a joint venture with the City. The purchase price is $118,000, with a gap price of $60,000. The City would be responsible for $30,000, which would come out of revenue funds from Parkview Villa South and would be replaced by funds from the TIF scattered site district at a later date. Streetar stated staff is looking for direction on the purchase of the property at this time and Housing & Redevelopment Authority Minutes August 20, 2002 Special Meeting Page 2 of 2 would be presenting it to the City Council. Resident, Patricia dindra, stated she lives near the home and the home has had many owners that all did a few repairs and gave up. Sensible Land Use Coalition Streetar stated on August 28'h the Sensible Land Use Coalition is having a seminar on "I/Vho Pays the Cost of Redevelopment". He provided the Board with an application form for the seminar. The seminar will be given by people that have gone through the same kind of issues the Board will be facing with the Central Avenue Redevelopment and Industrial Area Projects. The sign up forms need to be back to the Community Development Department by tomorrow afternoon if they are interested in going. ADJOURNMENT Szurek adjourned the meeting at 7:05 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H:2-IRAMinutes 2002\8-20-2002 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES September 3, 2002 The meeting was called to order by Chair, Barbara Miller. Those present were Catherine Vesley, Patficia Sowada, Nancy Hoium, Barbara Miller, David Holmgren, Julienne Wyckoff, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the August 5, 2002, Board meeting as mailed. Bill list dated 8/26/02 was reviewed. It was moved, seconded, and passed that they be paid. Bill list dated 9/9/02 was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. The CHASE accounting and bills were reviewed. Old Business: I. An update on plans for the 75th Anniversary activities was given. a. The response from the City Attorney about a silent auction was provided. The Foundation could sponsor and be the recipient of any funds from such an activity. This event would need to be planned by a non-staff committee. b. Ollie's Kitchen price list of possible food items was reviewed. The Board decided that they would like to have cheese, crackers, veggies, cider, and coffee for the open house in December. c. Stationery with various anniversary artwork was reviewed. Staffwill continue to work with the designs during the coming month to improve the color. d. Invitations should be sent to key persons/organizations for the planned open house. The Board offered to provide the funds for postage for this mailing. e. A fund raising letter and list of potential donors will be available next month. 2. Automated Circulation System upgrade project was discussed. Staff is preparing paperwork to submit to the City Council for purchase of equipment necessary for the upgrade. Anoka County has frozen Capital funds, which affects the implementation of the system upgrade. Plans are being discussed on how to "save" the licensing funds for use in 2003-2004. 3. A budget update was provided. The Board was reminded that the date of the City Council/Library Board joint budget meeting has been changed to Monday, September 30, 2002, at 7:00 p.m. at the library. The Board decided to hold their regular meeting on that night also at 6:30 p.m. and then proceed directly to the budget meeting. 4. The brochure used by Becky for Anoka County Library Staff Day was shared with the Board. They were also invited to join Becky after the meeting to view the slide show that she presented. 5. Staffing for fall was discussed. There will be a full staff for the fall schedule. 6. Thank you letter from Anoka County for participating in the Health Survey was reviewed. New Business: 1. The article from the Cities Bulletin concerning Levy Limits was reviewed. The impact of the levy limits on Maintenance of Effort requirements was discussed. 2. Information regarding Twin City One Book was reviewed. This project sponsored by Metronet is designed to encourage everyone in a region to read the same title, discuss the book at book clubs and schools, and persuade everyone to read this one book this year. The chosen book is Hatchet by Gary Paulsen. Events are scheduled from September 15 through November 15. 3. Crossover statistics were reviewed. 4. Becky participated in the new teacher orientation held at the Heights Theatre. There were 30 new teachers in the district that participated. 5. Leave-a-legacy information sheet was distributed. The Board decided that this program might be something that the Foundation would want to pursue. 6. The 2003 proposed holiday and closed schedule was reviewed. It was moved, seconded, and passed to approve the schedule as presented. 7. David Holmgren reported that the Heights Theatre is interested in having a fimdraiser on December 15, 2002. The featured film would be Holiday Inn. The Board referred this event to the Library Foundation Board for discussion. There being no further business the meeting was adjourned at 8:40 p.m. Respectfully submitted, Jeanine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of 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.