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HomeMy WebLinkAboutMarch 8, 1999 RegularAGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS- MONDAY, MARCH 8,1999 CITY COUNCIL CHAMBERS, CITY HALL, 590 40TM AVENUE Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 1. CALL TO ORDER/ROLL CALL(CommencementofCablecastingofRegMtg on Television.) 2. PLEDGE OF ALLEGI3aNCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA 4. CONSENT AGENDA 1) Minutes for Approval - February 22, 1999 2) Acknowledgment of Applications for City Council Vacancy 3) Approval of Costs Associated with Attendance at Explorer Conference 4) Res. No. 99-18 Acceptance of State Grant and Appropriation of Matching Funds 5) Amend Authorization for Community Development Copier 6) Selection of Consultant for Master Plan 7) City of Hilltop Agreement for Inspection Services 8) Municipal Space Needs Study 9) Establish Hearing Dates - License Revocations, Rental Properties 10) Transfer of Funds from General Fund to Police Department Overtime Fund 11) Transfer of Funds from General Fund to Police Department, PDI Bill 12) 1st Reading - Ordinance No. 1386 Being a Request to Vacate Easements 13) Approval of License Applications 14) Payment of Bills 15) Acceptance of FeasibiliW Report for 1999 Alley Improvement Program 16) Establish Public Improw~ment Hearing 17) Request for Day Care Parking Restriction at 3741 Reservoir Boulevard ~. RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS AND GUESTS k. Recognition of Police Officers B. Citizen Recognition 6. PUBLIC HEARINGS A Close Public Hearing - License Revocation, 4222 Monroe Street B. Second Rdg. Ord. No. 1383 Amendment to Sign Ordinance. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) & 2) 2nd Rdg. Ord. No. 1384 & Ord. No. 1385 Issuance and Sale of Bonds B. Bid Considerations None C. Other Business 1) Conference Attendance - Fire Department Instructors Conference 2) Proposed Storm Water Improvements 8. ADMINISTRATIVE REPORTS a) Report of the City Manager b) Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS a) Minutes of Board and Commission Meetings 1) February 24, 1999 Park and Recreation Commission 2) March 1, 1999 Traffic Commission 3) March 2, 1999 Planning and Zoning Commission 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA ! 1. ADJOURNMENT W-F/is Mayor CITY OF COLUMBIA HEIGHTS (1') c. L. pe,erso Councilmembers Donald G. Jolly .... _Marlaine Szurek 590 40TH AVENUE N.£., COLUMBIA HEIGHTS, MN 5542 1-3878 (612) 782-2800 TDD 78~-~'~Ot~Julienne Wy¢~off ADMINISTRATION City Manager Walter 1%. Fchst MARCH 5, 1999 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 8, 1999 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 handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf or hearing impaired only) I. CALL TO ORDER/ROLL CALL, 2. PLEDGE OF ALLEGIANCE FILES 3. 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.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. MOTION: Move to approve Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the February 22, 1999 Regular Council Meeting as presented. 2) Acknowledgrnent of Applications for Ci_ty Council Vacancy The following residents have submitted an application for the Council vacancy: Thomas W. Ramsdell, Kenneth P. Stumpf, Laura S. Lindahl, Roger A. Peterson, Robert C. Buboltz, James P. Johnson, James A. Hunter, Scott D. Niemeyer, Dolores P. Strand, Eric Kjos, Damon M. Powers, Gary Larson, Doug Hill, Ted Landwehr, Kathy Hofstedt, Robert Bamick, Barbara Gertsema and Rick Johnson. 3) Approval of Costs Associated with Attendance at Explorer Conference MOTION: Move to authorize attendance of two Explorer advisors and six police Explorers at the 1999 State Law Enforcement Explorer Conference April 22-25, 1999, at Breezy Point, Minnesota, with costs to be covered out of the 1999 Police Department budget. Page 1 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER 4) Resolution No. 99-18 Being a Resolution Authorizing Acceptance of State Grant and Appropriation of Matching Funds MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-18 being a resolution to accept the Minnesota Department of Economic Security grant for $10,305 and appropriating local match monies for this grant for $1,145 to come from unexpended funds in the 1999 Police budget. 5) Amend Authorization for Communit3, Development Copier MOTION: Move to approve the purchase of a Panasonic Model 7750S2 copier from Technifax Business Systems, Inc. based upon their qualified, responsible bid in the amount of $6,078.00 plus tax with funds to be appropriated from the Capital Equipment Replacement Fund; and furthermore, to authorize the City Manager to enter into an agreement for the same. 6) Selection of Consultant for Master Plan MOTION: Move to award the contract for the Master Redevelopment Plan for Downtown Columbia Heights to SRF Consulting Group, Inc. based on their qualified, responsible bid in the amount of $43,942 dated February 16, 1999, phis an additional $2,000 in contingency funds to be appropriated from 201- 42400-3050; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 7) City of Hilltop Agreement for Inspection Services MOTION: Move to approve an Agreement for Plan Review and Inspection Services with the City of Hilltop; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the salTle. 8) Municipal Space Needs Study MOTION: Move to authorize staffto seek RFP's for a space needs study for all City municipal buildings. 9) Establish Hearing Dates - License Revocations, Rental Properties MOTION: Move to establish a hearing date of March 22, 1999 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Steven Efterfield at 3807 Tyler Street. MOTION: Move to establish a hearing date of March 22, 1999 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Katherine Crosby at 1162-1164 Cheery Lane. 10) Transfer of Funds from General Fund to Police Department Overtime Fund MOTION: Move to transfer $5,016, the total amount received from Norwest Bank for off duty security work, from the General Fund to the Police Department's 1999 budget under line #1020, police overtime. 11) Transfer of Funds from General Fund to Police Department, PDI Bill MOTION: Move to transfer $1,005, the total amount of fees collected from police officer applicants, from the General Fund to the Police Department's 1999 budget under line #3050 to assist in covering the cost of the written test for entry level police officer. Page 2 12. First Reading of Ordinance No. 1386 Being a Request to Vacate Easements MOTION: Move to waiYe the reading of the ordinance there being ample copies available for the public. MOTION: Move to establish March 22, 1999 at approximately 7:00 p.m. as the second reading of Ordinance No. 1386, an ordinance amending Ordinance No. 853, City Code of 1977, vacating a portion of water pipes, main or hydrants, utility, sewer and storm drain easements as recorded in Document No. 370691 and Ordinance No. 1373. 13) Approval of License Applications MOTION: Move to approve the license applications as listed. 14) Pawnent of Bills MOTION: Move to pay the bills as listed out of proper funds. 15) Resolution No. 99-19 Being a Resolution Receiving the 1999 Alley Improvements Feasibility Report and Calling for Public Improvement Hearing MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-19 being a resolution receiving the report on the 1999 Alley Improvement Program including concrete and bituminous alley construction, bituminous reconstruction and calling for an Improvement Hearing on March 29, 1999 at approximately 7:00 p.m. for City Project 99-02, 1999 Alley Improvement Program. 16) Resolution No. 99-20 Being a Resolution Ordering Improvements for the 1999 Storm Water Improvements MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-20 which orders the improvements to be included in the 1999 Storm Water huprovernent Program. 17) Request for Day Care Parking Restriction at 3741 Reservoir Boulevard MOTION: Move to recommend to the City Council to designate a Day Care Parking Restriction 6 a.m. to 8 a.m. and 3 p.m. to 5 p.m. Monday through Friday in front of 3741 Reservoir Boulevard until July 1, 1999 at which time the signs will be removed, based on the recommendation of the Traffic Commission. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Recognition of Police Officers Officer Kurt Klosterman and Officer Paul Bonesteel will be recognized by the Anoka County Chapter of MADD for their DWI Enforcement efforts. B. Citizen Recognition Police Department recognition of two citizens who assisted with the arrest of an armed robbery suspect at Apache Tan. The citizens are Ms. Lois Nygaard and Ms. Janet Davis. Page 3 C. Introduction of Newly-Hired Employee Joel Ostmoe, Clerk-Typist 1~I - Fire Department 6. PUBLIC HEARINGS A. Close Public Hearing - Rental License Revocation - 4222 Monroe Street, Robert Witt MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Robert Witt regarding rental property at 4222 Monroe Street in that the property is in compliance with the Housing Maintenance Code. B. Second Reading of Ordinance No. 1383 Being an Amendment to the Sign Ordinance MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to approve Ordinance No. 1383 being an amendment to the Sign Ordinance. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1384 Being an Ordinance Providing for the Issuance and Sale of Bonds MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to approve ordinance No. 1384 being an ordinance providing for the issuance and sale of $860,000 general obligation improvements brands series 1999A. 2) Second Reading of Ordinance No. 1385 Being an Ordinance Providing for the Issuance and Sale of Bonds MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to approve Ordinance No. 1385 being an ordinance providing for the issuance and sale of $1,935,000 general obligation utility revenue bonds series 1999B. B. Bid Considerations None Page 4 C. Other Business 1) Conference Attendance MOTION: Move to authorize the Assistant Fire Chief to attend the 1999 Fire Department Instructors Conference in Indianapolis, Indiana from March 17-21, 1999. 2) First Time Home Buyer Program MOTION: Move to approve the Minnesota Housing Finance Agency Minnesota Cities Participation Program (MCPP) Program Application - Commitment Agreement and to approve the payment of the allocation fee and processing fee in the total amount of $5,392.79 out of proper funds; and furthermore, to authorize the City Manager to enter into an Agreement for the same. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) February 24, 1999 Park and Recreation Commission Meeting 2) March 1, 1999 Traffic Commission Meeting 3) March 2, 1999 Planning arid Zoning Commission 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City Manager WF/js Page 5 Page 6 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 22, 1999 1. CALL TO ORDER/ROLL CALT, Mayor Peterson called the Council Meeting to order at 7:00 p.m. Present were Mayor Peterson and Councilmembers Szurek, Jolly and Wyckoff. Mayor Peterson acknowledged the death of Abe Verbrugge, a long time resident of Columbia Heights. The Mayor extended sympathies to the family and requested a moment of silence be observed in Abe's memory. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA Establishment of Council work session dates was removed from the Consent Agenda. 4. 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 fi:om consent agenda approval will be taken up as next order of business.) A. Motion by Szurek, second by Wyckoffto approve the Consent Agenda items as follows: 1) Minutes for Approval The Council approved the minutes of the February 8, 1999 Council Meeting as presented. 2) Establish Hearing Dates for Rental License Revocation The Council established a hearing date of March 8, 1999 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Robert Witt at 4222 Monroe Street Northeast. 3) Authorization to Purchase Copier - Police Department The Council approved the purchase of a Panasonic Model 7750 copier with a 20-bin sorter and three-hole punch and a large capacity tray fi:om Technifax Business Systems, ' Inc. in the amount of $8,677 plus tax, with funding to come from the Capital Equipment Replacement Fund. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 2 4) Resolution No. 99-16 Being a Resolution Ordering the Preparation of Report for Proposed 1999 Alley Construction Project The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 99-16 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON ALLEY IMPROVEMENT WITH COMPLETE CONSTRUCTION WHEREAS, the City Council of Columbia Heights is proposing to improve the following alley by complete construction: Peters Place to Gould Avenue Peters Place to North-South Alley WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFOKE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 22nd day of February, 1999. Offered by: Szarek Seconded by: Wyckoff Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 3 5) Proposals: Creation of a Storm Water Utility The Council approved engineering services for the creation of a storm water utility to SEH of St. Paul, Mn. in an amount not to exceed $13,180, with funds to be appropriated from 652-49450-3050 and authorized the Mayor and City Manager to enter into an agreement for the same. 6) Water System Analysis The Council approved engineering services for the Water System Analysis to PCE, Inc. of Minneapolis, Mn. in an amount not to exceed $18,500 with funds appropriated from 651-49430-3050 and authorized the Mayor and City Manager to enter into an agreement for the same. 7) GIS Proposals: Creation of a Digital Physical Feature Data Base The Council approw,~d engineering services for the creation of a Physical Feature Database, with Contours, to Horizons, Inc. of Minneapolis, Mn. in an amount not to exceed $34,140 with funds to be appropriated from 431-43100-5180 and also authorized the Mayor and City Manager to enter into an agreement for the same. 8) Authorization to Seek Bids for 1999 Miscellaneous Concrete Project The Council authorized staffto seek bids for the 1999 Miscellaneous Concrete Replacement and Installation Project. 9) Authorization to Seek Bids for 1999 Street and Parking Lane Striping The Council authorized staff to seek bids for the 1999 street and parking lane striping contract. 10) .County Expenses The Council authorized payment of $13,759.97 for administering the 1998 tax increment fmancing laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and General Fund. 11) Establishment of Council Work Session Dates/Times This item was removed from the consent agenda for discussion. 12) Approval of License Applications The Council approved the license applications as listed and the rental housing license applications as listed in the memo dated February 16, 1999 from Chief Kewatt. 13) Payment of the Bills The Council approw;d payment of the bills as listed out of proper funds. REGULAR COUNCIL 1VEEETING FEBRUARY 22, 1999 PAGE 4 14) Authorization to Purchase Copier - Communiw Development Department The Council approved the purchase of a Lanier 7335 Analog copier with 20 bin sorter and finisher (staple:r) from Stringer Business Systems, Inc. based upon their qualified, responsible bid in the amount of $6,078.60 plus tax and $690 annual general maintenance agreement fee with funds to be appropriated from the Capital Equipment Replacement Fund and also authorized the City Manager to enter into a purchase/sales order agreement for the stone. Roll call on Consent Agenda: All ayes Establishment of Council Work Session Dates/Times One of the recommended dates, Monday, March 29, 1999, has been selected as a possible public improvement hearing date. This date was removed from consideration for a Council work session date. Motion by Szurek, second by Wyckoffto schedule Council work sessions for Monday, March 1, 1999 at 8:00 p.m. and Monday, March 15, 1999 at 7:00 p.m. in the City Hall Conference Room I. Roll call: All ayes 5. PROCLAMATIONS, Pt~ESENTATIONS, RECOGNITIONS AND GUESTS None 6. PUBLIC HEARINGS A. Public Hearing o Local Law Enforcement Equipment Block Grant Mayor Peterson opened the public heating at 7:10 p.m. The public hearing was closed at 7:11 p.m. Police Chief Jolmson reviewed the list of equipment being recommended for purchase with the grant funds. A block grant in the amount of $24,6054 was received fi'om the United States Depm'tment of Justice. The Council approved matching funds in the amount of $2,734. A committee of citizens was organized to review each of the equipment items listed in the Police Department's request. The list received the endorsement of the committee. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 5 Motion by Jolly, second by Szurek to approve the list of equipment to be purchased with this grant. Roll call: All ayes 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Ordinance No. 1384 and Ordinance No. 1385 Regarding Bond Sale The construction prqjects that were completed in 1998 were funded through internal loans. It is staff's recommendation to sell bonds to cover the 1998, 1999, and 2000 construction projects and to refund the TIF bond issue. The first issue is for assessment bonds that will fund 'the City's PIR special assessment fund. The second issue is for utility bonds. Motion by Wyckoff, second by Szurek to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes. ORDINANCE NO. 1384 PROVIDING FOR THE ISSUANCE AND SALE OF $860,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A The City of Columbia Heights does ordain: 1. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); Total Project Designation & Description: Proiect Cost Project Costs: 1998 Zone 3 Improvements 1999 Alley Improvements 2000 Zone 4 Improvements Less Other Funding Sources Net Project Costs Costs of Issuance 749,000 532,500 500,000 (940,731) 840,769 15,120 REGULAR COUNCIL Mt!ETING FEBRUARY 22, 1999 PAGE 6 Discount Rounding TOTAL 6,880 (2,769) $860,000 Co) It is necessary and expedient to the sound financial management of the affairs of the City to issue $860,000 General Obligation Improvement Bonds, Series 1999A (Bonds) pursuant to the Act to provide financing for the Improvements. To provide financing for the Improvements, the City will issue and sell Bonds in the amount of $853,120. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $6,880. The excess of the purchase price of the Bonds over the sum of $853,120 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $860,000 CITY OF COLUMBIA HEIGHTS, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A 0~OOK ENTRY O~rt,Y) Proposals for the Bonds will be received on Monday, April 12, 1999, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 7 DETAILS OF THE BONDS The Bonds will be dated May 1, 1999, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2000. Interest will be computed on the basis of a 360~day year of twelve 30-day months. The Bonds will mature February 1 in the years and mounts as follows: 2001 $ 50,000 20055 95,000 20095 85,000 2002 $105,000 20065 90,000 20105 65,000 2003 $100,000 20075 90,000 2004 $ 95,000 20085 85,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as secmSties depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the regism~r to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1,2007, and on any day thereafter, to prepay Bonds due on or after February 1, 2008. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds ora maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 8 SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance street and alley improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $853,120 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashiers check or a Financial Surety Bond in the amount of $8,600, payable to the order of the City. Ifa check is used, it must accompany each proposal. Ifa Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated pr/or to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form ora certified or cashiers check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a tree interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the fight to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. REGULAR COUNCIL MEE'ITNG FEBRUARY 22, 1999 PAGE 9 BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify :For issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, 'the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis, Mirmesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12Co)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 10 OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 1 00, Saint Paul, Minnesota 551 01, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required 'by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 35 copies of the Official Statement and the addendum er addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 22, 1999 BY ORDER OF THE CITY COUNCIL /s/William Elrite Finance Director/City Clerk 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 p.m. on Monday, April 12, 1999, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. First Reading: February 22, 1999 Motion by Wyckoff; second by Szurek to schedule the public hearing and second reading of Ordinance No. 1384 for March 8, 1999 at approximately 7:00 p.m. Roll call: All ayes Motion by Jolly, second by Szurek to waive the reading of Ordinance No. 13 85 there being ample copies available for the public. Roll all: All ayes REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 11 ORDINANCE NO. 1385 PROVIDING FOR THE ISSUANCE AND SALE OF $1,935,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 1999B The City of Columbia Heights does ordain: 1. It is determined that: (a) the City engineer has recommended the construction of various improvements to the City's sanitary sewer and water utility, and has further recommended the creation of a storm sewer utility and the construction of various improvements thereto (Project). (b) the City is authorized by Minnesota Statutes, Section 444.075 (Act) to finance all or a portion of the cost of the Project (Project Costs) by the issuance of general obligation bonds of the City payable fi'om the net revenues of the system. The Project Costs are presently estimated by the engineer to be as follows: Project Designation & Description: Total Project Cost Project Costs Storm Sewer Projects Utility Projects Water Meters Total Project Costs Less DNR Grants Net Project Costs Costs of Issuance Discount Rounding $1,027,983 721,820 600,000 $2,349,8O3 (447,750) $1,902,053 19,120 15,500 (1,673) TOTAL $1,935, 000 (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,935,000 General Obligation Utility Revenue Bonds, Series 1999B (Bonds) pursuant to the Act to provide financing for the Project. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 12 2. In order to provide financing for the Project, the City will therefore issue and sell Bonds in the amount of $1,919,500. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $15,500. The excess of the purchase price of the Bonds over the sum of $15,500 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. 'The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,935,000 CITY OF COLUMBIA HEIGHTS, MINNESOTA GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 1999B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, April 12, 1999, until 1 0:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated May 1, 1999, as the date of original issue, and will bear interest payable on February. 1 and August 1 of each year, commencing February 1, 2000. REGULAR COUNCIL MT-',ET~G FEBRUARY 22, 1999 PAGE 13 Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and mounts as follows: 2001 $110,000 2005 $195,000 2009 $225,000 2002 $175,000 2006 $200,000 2010 $235,000 2003 $180,000 2007 $210,000 2004 $185,000 2008 $220,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing 1/he aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or :its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name 'the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar, OPTIONAL REDEMPTION The City may elect on February 1, 2007, and on any day thereafter, to prepay Bonds due on or after February 1, 2008. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 14 SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge net revenues to be derived fi:om the City's storm sewer, water and sanitary sewer charges. The proceeds will be used to acquire property and finance improvements to the City's storm sewer., water and sanitary sewer systems. TYPE OF PROPOSALS Proposals shall be for not less than $1,919,500 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $19,350, payable to the order of the City. Ifa check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the.. City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an ~:mderwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashiers check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said mnount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples orS/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 15 The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify tbr issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify tbr assigranent of CUSIP numbers such numbers will be priuted on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LI,P, of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms ofpayrnent for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 16 CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relatiw; to the Bonds, and said Official Statement will serve as a nearly- final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other info:~ation required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City al,n-ecs that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 75 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivenhag a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 22, 1999 REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 17 Motion by Jolly, second by Szurek to schedule the public hearing and second reading of Ordinance No. 1385 for March 8, 1999 at approximately 7:00 p.m. Roll call: All ayes 2. First Reading of Ordinance No. 1383 Being a Sign Ordinance Amendment The City Planner reviewed the proposed amendment. He advised that the entire sign ordinance will be considered for revision during the Zoning Ordinance rewrite. Staff felt that this proposed amendment would provide a more timely resolution to a current problem. Members of the Council concurred that the sign ordinance needed a full review and it was noted that many businesses in the community are currently exceeding the maximum footage. Motion by Jolly, second by Szurek to waive the reading of the ordinance there being ample copies available for the public. Roll call: Szurek, Jolly, Peterson - aye Wyckoff - nay Council was advised that if the waiver motion is not approved unanimously the ordinance must be read in its entirety. Motion by Jolly, second by Szurek to reconsider the motion to waive the reading of the ordinance. Roll call: All ayes Motion by Jolly, second by Szurek to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1383 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 1: Section 9~117A(10)(b)(i) of ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.117A(10)(b)(i) Any number of wall signs on any side of a building nOt to exceed one hundred (100) square feet of total surface area for wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 18 Shall be repealed and hereafter be amended to read as follows: 9.117A(10)Co)(i) Any number of wall signs on any side of a building not to exceed one hundred (100) two hundred (200) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 22, 1999 Motion by Jolly, second by Szurek to schedule the public hearing and second reading of Ordinance No. 1383 for March 8, 1999 at approximately 7:00 p.m. and that this ordinance be reviewed by the Planning and Zoning Commission at its March 2, 1999 Meeting. Roll call: Szurek, Jolly, Peterson - aye Wyckoff- nay Motion by Jolly, second by Szurek to direct staff to initiate proceedings for a comprehensive review of Section 9,117A of the Zoning Ordinance which is the section of the Ordinance regulating signs. Roll call: All ayes A resident requested a copy of the entire Sign Ordinance. He was advised by the City Attorney of the procedure for accommodating this request. B. Bid Considerations None C. Other Business 1) Water Meter Replacement The Finance Director presented the information regarding this project. It has been under consideration by Council since June 1996. Water meters in residential properties are the units being considered for replacement. Discussion continued with all interested parties regarding the specifics of the project. The method for paying the associated costs was reviewed as was the current loss of revenues from aged water meters. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 19 Motion by Jolly, second by Szurek to authorize the Mayor and City Manager to enter into an agreement with U.S. Filter for the installation of residential radio-read water meters throughout the City based on their proposal of April 30, 1996, at a cost of $1,242,500 for the installation of 5,500 radio-read meters, with $600,000 in funding for this project coming fi.om a bond sale, and the remaining costs coming fi.om the sewer construction fund and the refuse utility fund. 2) Resolution No. 99-17 Being a Resolution Setting Rates on Sewage Disposal and Water Supply in the CiW of Columbia Heights The Finance Director advised if these rates are approved they will only be the third increase since 1981. The last rate increase was in 1995. The meter surcharge is included in the resolution. Motion by Wyckoff~ second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 99-17 SETTING RATES ON SEWAGE DISPOSAL AND WATER SUPPLY 1N THE CITY OF COLUMBIA HEIGHTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that: In accordance with the operating costs and rates to be paid by the City of Columbia Heights to the Metropolitan Council Environmental Services and the Minneapolis Water Department, the following rates shall be put into effect as of April 1, 1999, on all billings rendered thereafter: (c) Water Supply Rates: The water rate shall be a minimum of $14.40 per quarter on a quarterly basis per family unit ibr the first 600 cubic feet of water or less. The rate shall be $1.55 per 100 cubic feet used for all water used beyond the 600 cubic feet minimum. (d) Sewer Disposal Rates: The minimum sewer disposal charge shall be $33.00 per quarter on a quarterly basis per family unit for the first 2,200 cubic feet of water usage per quarter; and $1.50 per 100 cubic feet thereafter to a maximum charge of $45.00 per quarter. REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 20 The rate for commercial/industrial users shall be based on water consumption at $1.50 per 100 cubic feet. Any residential service hooded up to the Columbia Heights sewer system, that is not also hooked up the Columbia Heights water distribution system, shall pay a flat quarterly sewer fee equal to the maximum quarterly sewer disposal charge in effect at the time of a billing is rendered; unless a water meter reading is provided recording a lower reading than 3,000 cubic feet in a quarter for which the current rate down to the minimum shall apply. (e) Senior Citizen Rate: For eligible senior citizens, the following minimum rates will be used. All usage over the minimum will be billed at the above rates. Min/.mum Sewage Disposal Mir~.mum Water Use $16.22/quarter $ 9.32/quarter 4. Water Meter Surcharge To cover a portion of the cost to replace all residential water meters there will be a $1.00 per month or $3.00 per quarter surcharge added to all residential utility bills until such time as all bonds for the meter replacement project are paid in full. BE IT FURTHER RESOLVED that all foregoing rates are made in order to meet the additional cost to the City of Columbia Heights for these respective services. Passed this 22nd day of February, 1999. Offered by: Wyckoff Seconded by: Jolly Roll call: Ail ayes Jo-Anne Student, Council Secretary Mayor Gary L. Peterson REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 21 3) TIF Special Legislation Motion by Szurek, second by Wyckoff to authorize and direct staff to pursue special legislation as drafted by Kennedy and Graven, Chartered, to apply for available State TIF grant reimbursements and recommend for City Council consideration the refunding of outstanding bond issue(s). Roll call: All ayes 4) Replacement of Athe¥ Mobil Street Sweeper, Unit #0001 Motion by Jolly, second by Szurek to approve the acquisition of one new 3-wheel Elgin Pelican Street Sweeper fi:om the State of Minnesota Purchasing Contract with a cost not to exceed $85,615, excluding sales tax, which includes a trade in of Unit #001 at $26,500. Funds are appropriated in Capital Equipment Replacement fund 603-49510-5150. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager advised of a meeting hosted by the City of Minneapolis to addresss the status of the Hi-Lo Motel on 37~ and Central Avenues. The meeting is scheduled for February 22nd. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Minutes of the following meetings were included in the agenda packet: February 2, 1999 Planning and Zoning Commission; February 2, 1999 Library Board of Trustees; January 19, 1999 EDA Regular Meeting and the February 9, 1999 EDA Special Meeting. No Council action was required on these minutes. REGULAR COIYNCIL MEETING FEBRUARY 22, 1999 PAGE 22 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA At its February 8, 1999 regular meeting, the Council granted permission to representatives of the Minneapolis Water Works to discharge specifically identified firearms within the boundaries of the City of Columbia Heights. This permission .was in conjunction with a permit being issued by the Minnesota Department of Natural Resources relative to deer removal from the Water Works site. At the February 8, 1999 Council meeting, representatives of the DNR, the Minneapolis Water Works and a graduate student with an interest in this deer population addressed the issue of possible water contamination. At this meeting a number of residents and citizens from other communities gave their opinions on this issue. Many of them requested that the Council revisit the matter as they felt misleading and inaccurate information was given at the February 8th meeting. It was recommended by a Councilmember that people who want to explore an alternative solution to the deer situation be prepared to serve on a committee for this purpose and find sources of funding for any associated costs related to a solution. The City Attorney gave direction addressing how the Council could revisit their action from the last Council Meeting. Also, in response to an inquiry, he advised that the DNR and the Minneapolis Water Works did not need permission from Columbia Heights to solve this problem but had attended the last Council meeting as a courtesy. Mayor Peterson acknowledged that the Council may have been misled but suggested that any further action is up to a Citizens Committee. Motion by Peterson, second by Szurek to reconsider the Council's motion approved at the February 8, 1999 Council Meeting regarding deer population control. Roll call: Szurek, Peterson, Wyckoff- aye Jolly - nay Motion by Peterson, second by Szurek to deny permission to authorize representatives of the Minneapolis Water Works to discharge the following firearms within the City pursuant to a permit issued by the Department of Natural Resources to remove deer from the Water Works grounds so as to minimize health risks to the water supply. Said authorization was to be effective immediately and continue in effect until April 30, 1999; captive bolt gun and .22 caliber tranquilizer gun. Roll call: Szurek, Wyckoff, Peterson - aye Jolly - nay REGULAR COUNCIL MEETING FEBRUARY 22, 1999 PAGE 23 11. ADJOURNMENT Motion by Szurek, second by Jolly to adjourn the meeting at 9:45 p.m. Roll call: All ayes Respectfully submitted, Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: March 8, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: CITY Administration MANAGER'S NO. 4 W. Fehst APPROVAL ITEM: ACKNOWLEDGMENT OF APPLICATIONS BY: $. Student BY: FOR COUNCIL VACAN'CY 41~. ~ ,. O~, DATE: March 5. 1999 DATE: The following residents have submitted an application for the Council vacancy: Thomas W. Ramsdell Kenneth P. Stump£ Laura S. Lindahl Roger A. Peterson Robert C. Buboltz James P. Johnson ~ A. Hunter Scott D. Niemeyer Dolores P. Strand Eric Kjos Damon M. Powers Gary Larson Doug Hill Ted Landwehr Kathy Hofstedt Robert Bamick Barbara Gertsema Rick Johnson COUNCIL ACTION: CITY COUNCIL LETTER Meeting of March 8, 1999 AGENDA ,S]~CTION: Consent NO. ~ ITEM: Authorization to Attend Out-of-town NO. Explorer Conference ~'°~*~1~ ORIGINATING DEPARTMENT I POLICE BY: Thomas M. Johnson~ [BY: DATE: March 2, 1999 ~ /I I DATE: CITY MANAGER APPROVAL: Background: Annually there is a State law en:forcement Explorer Conference sponsored by the Boy Scouts of America. This event is one of the highlights of the Explorer year. All of the training the Explorers have completed during the year will assist them in the statewide competitions that take place at this event. In 1998 the Post attended both the State Conference and the National Conference held in Washington, D.C. Analysis/Conclusion: The breakdown of the costs for this event is as follows: Six Explorers ~ $135 = $810 Two advisors ~ $135 = $270 The total cost would be $1,080 for the conference. This year's conference will be held April 22-25, 1999, at Breezy Point. Funds to cover this event are budgeted for in the Police Department budget. Recommended Motion: Move to authorize the attendance of two Explorer advisors, and six police Explorers at the 1999 State law enforcement Explorer Conference April 22-25, 1999, at Breezy Point, Minnesota, with costs to be covered out of the 1999 Police Department budget. TMJ:mld 99-080 COUNCIL ACTION: :! CITY COUNCIL LETTER AGENDA SECTIONCoNSENT AGENDA NO. ~I~ ITEM: Resolution to accept State grant and NO. Appropriate Matching Funds ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson,_,)~'~ DATE: Meeting of March 8, 1999 CITY MANAGER APPROVAL: BY: DATE: Background: The Minnesota Department of]Economic Security has granted the Columbia Heights Police Department a grant in the amount of $10,305. This grant will be used to pay the City's portion of the Project Safety Net program ($6,000), and $5,000 will be used for supervision of the graffiti cleanup program. In order to accept this grant, the City must agree to a $1,145 match, or 11.2% of the allocation. Analysis/Conclusion: At the present time there appears there would be adequate funds aVailable in the 1999 Police Department budget to cover the match. The grant is available to us as soon as the match grant is approved. Recommended Motion: Move to waive the reading of Resolution 99-18, there being amPle copies available for the public. Recommended Motion: Move to adopt Resolution 99-18, being a resolution to accept the Minnesota Department of Economic Security grant for $10,305 and appropriating local match monies for this grant for $1,145 to come from unexpended funds in the 1999 Police budget. TMJ:mld 99-079 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS RESOLUTION #99-18 WHEREAS, the Columbia Heights Police Department has been granted $10,305 in a grant from the State of Minnesota Department of Economic Security for a grant entitled "Minnesota Juvenile Accountability Incentive Block Grant," in order to pay the costs of Project Safety Net and for supervision of graffiti cleanup, and, WHEREAS, a condition of the grant is that the City provides $1,145 in a local match for this grant, and, WHEREAS, the Columbia Heights Police Department has been successful in obtaining this grant for the period January 1, 1999, to December 31, 1999, NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights enter into a cooperative agreement with the Minnesota Department of Economic Security for the project entitled Minnesota Juvenile Accountability Incentive Block Grant for the period from January 1, 1999, to December 31, 1999, that the City Manager and Mayor area hereby authorized to execute such agreements and amendmen.ts as are necessary to implement the project on behalf of the City of Columbia Heights. Passed this Offered by: Seconded by: day of ., 1999. Roll Call: Workforce Preparation Branch Voice: Fax: TTY: (651) 296-0928 (651) 296.5745 (651) 296-2796 January 27,1999 Thomas Johnson, Chief of Police Columbia Heights Police Department 559 Mill Street N.E. Columbia Heights, MN 55421-3882 SUBJECT: Contract No. 90478 - Columbia Heights Police Department Grant Dear Chief Johnson: Enclosed is your signed copy of Subgrant Number 90478 funded by the Juvenile Accountability Incentive Block Grant (JAIBG). The effective dates of the contract are January 1, 1999 to December 31, 1999. The contract is in the amount of $10,305. Also enclosed is a copy of the Juvenile Justice Grantee Handbook. The Handbook includes all the forms you need for reporting and drawing down cash. If you have any questions regarding contracting matters, please do not hesitate to contact Judy Teske at 65'1/297-4572. if you have other questions about your grant, please contact Jerry Ascher at 651/296-8601 or Laura Crowder at 651/296-2684. Thank you for your cooperation. Sincerely, K~mof~~elopment KT:alr Enclosures 390 North Robert Street G :~UNT~ om,~o~CONTR~CTUA,~ G"L~?8_tx~th,wpd St. Paul, Minnesota 55101 An Equal Opportunity Employer ww.des.state.mn.us Workforce Preparation Branch Voice: (651) 296-0928 Fax: (651) 296-5745 TTY: (651) 296-2796 December 21, 1998 Thomas M. Johnson, Chief of Police Columbia Heights Police Department 559 Mill Street N.E. Columbia Heights, MN 55421-3882 Dear Chief Johnson: RECEIVED Enclosed are three (3) copies of the Contractual Agreement covering Grant No. 90478, "Minnesota Juvenile Aceotmtability Incentive Block Grant Program." Please read the document for completeness and accuracy and have the three (3) copies signed in the place marked "For the C~mntee" and return to: Judy Teske, Contracts Officer MN Department of Economic Security 390 North Robert Street St. Paul, MN 55101 If you have any questions concerning the Agreement or the processing please call Judy Teske at (651) 297-4572. Sincerely, Kay'ac y~,~/~Di Office of Youth Development Services Enclosure(s) 390 North Robert Street Saint Paul, Minnesota 55101 www.des.state.mn.us VENDOR NUMBER FUND AGENCY I'I ORG. SUB ORG. t'DOOqMENT NUMBER($ )' · , STATE OF MINNESOTA DEPARTMENT OF ECONOMIC SECURITY/WORKFORCE PREPARATION BRANCH JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT AGREEMENT l~unding Source: JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) · Grant Agreement Number. .~0478 This grant agreement, which shall be interpreted pursuant to the laws of the State of Minnesota, between the State of Minnesota, acting through its Department of Economic Security (DES), Workforce Preparation Branch (WPB), (hereinafter the DEPARTMENT), and Columbia Heights Police Department 559 Mill Street N.E. Columbia Heights, MN 55421-3882 Social Security or Federal Identification Number: Minnesota State Tax Identification Number: (Hereinafter GRANTEE) WITNESSETH: WHEREAS, the DEPARTMENT has been granted funds by the United States, through the Department of Justice, for use to meet the purposes set forth in and authorized by Public Law 105-119 (Making Appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies for the Fiscal Year Ending September 30, 1998, and for other Purposes), hereinafter referred to as the "Act", and WHEREAS, the DEPARTMENT has been named the Designated State Agency for the JAIBG by the Chief Executive Officer of the State and has the authority to enter into agreements pursuant to P.L. 105- 119, and has authority to allocate funds, and WHEREAS,- WHEREAS, the Juvenile Cdme Enforcement Coalition of the Unit Of General Local Government, (hereinafter referred to as the "Area") has the authority to approve a coordinated enforcement plan for reducing juvenile crime for the Area, (hereinafter referred to as the "Plan"), and the Chief Executive Officer of the Area has designated appropriate caiegories of juveniles within the j. uvenile justice system for testing for use of controlled substances, and WHEREAS, GRANTEE is familiar with the Plan and has represented to the DEPA alified and has effectively delivered services in the area of the type enumerated in the Act, and GRANTEE further represents that it is qualified to perform the services enumerated in the Plan for the Area. NOW, THEREFORE, in consideration of the premises and of the representations made therein, the parties agree that; !. The foregoing recitals are made a part hereof as though set forth in full and in detail herein. IlL Program: The GRANTEE shall implement an acceptable Plan which meets the JAIBG Program and Administrative Requirement.% Standards, Procedures, and Activities as set forth in the Act. The Plan is incorporated by attachment hereto as Exhibit A. Duties and Payment: GRANTEE shall perform all the services enumerated in the Plan and shall be reimbursed by the DEPARTlVlENT for its expenses in providing these services, provided that the total obligation of the DEPARTMFNT for all reimbursement to GRANTEE shall not exceed $.10,305. These funds are to be expended in the cost categories and amounts shown in the Budget contained in the Plan (Form D of Exhibit A), which is attached hereto, incorporated by reference herein and made a part hereof. Administrative expenditures may not exceed 10% of total actual expenditures of the funds provided under this grant agreement. GRANTEE must provide a cash match, of new money, of 10% of the entire program cost. The DEPARTMENT shall not be responsible to reimburse GRANTEE for its payments or liabilities to the Unemployment Compensation Fund incurred as a reimbursing employer after termination of GRANT- EE's participation in programs under the Act or for any liability accrued thereunder before the effective date of this graqt agreement. Term of Grant: This Grant shall be effective on January_ .1..1999, or upon such date as it is executed as to encumbrance by the Commissioner of the Department of Economic Security, whichever occurs later, and shall remain in effect until December 3'1..1999. or until all obligations set forth in this grant agreement have been satisfactorily fulfilled, whichever' occurs first. Cancellation: This grant agreement may be canceled by the DEPARTMENT at any time, with cause, by giving written notice to the GRANTEE. In the event of such cancellation without cause, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily per- formed. GRANTEE acknowledges that funds to finance this grant are to be obtained by the DEPART- MENT through a specific legislative act. If at any time such funds become unavailable under the Act, this grant agreement shall be terminated immediately upon written notice of such fact by the DEPART- MENT to GRANTEE. In the event of such termination, GRANTEE shall be entitled to reimbursement, determined on a pro rata basis, for services satisfactorily performed. In the event of such cancellation for cause, including but not limited to failure to comply with the provisions of the grant agreement, failure to make timely progress in delivering required services, or use of grant funds for purposes other than those specifically identified in the grant agreement, the DEPART- MENT may take any actions, it deems necessary to protect the interests of the State of Minnesota, including but not limited to the refusal to disburse additional funds pending a determination of the DEPARTMENT's right to set-off, and requiring the return of all or part of the funds already disbursed. This grant agreement may be canceled by the GRANTEE at any time, with or'without cause, upon thirty (30) days written notice to the DEPARTMENT. Such written notice of cancellation must include pr.oposed terms for the discontinuation of GRANTEE's services and an estimated final invoice for work or services performed. The DEPARTMENT may reject or accept in whole or in part GRANTEE's proposed terms for discontinuing services and GRANTEE's estimated final invoice, and shall notify GRANTEE of its decision within (5) business days of receipt of GRANTEE's cancellation notice. In the event of any cancellation under this provision,. GRANTEE shall cooperate fully with the DEPART- MENT and help facilitate any transition for the provision of services by a different vendor. Failure to cooperate with or withholding any information or records requested by the DEPARTMENT or a different vendor that impairs in any way the transition of the Provision of services shall constitute a material breach of this grant agreement, subjecting GRANTEE to liability for all damages incurred by the DEPARTMENT resulting from such breach. ~,e~s~. f~r Payment.; P, eclu.ests for cash advances shall be made by GRANTEE to the DEPARTMENT on the DEPARTMENT's "Cash Request Form". Payments shall be made by the DEPARTMENT as soon as practicable after GI~:ANTEE's presentation of the Request for Cash. The fact of payment of any item shall not preclude the DEPARTMENT from questioning the propriety of any item. VII. Purchase of Furniture and Equipment: Any purchase of non-expendable personal property that has a useful life of more than one year with a per unit cost of $5,000 or more must have pdor written approval of the DEPARTMENT. Viii. Reoayment of Funds: The r)EPARTMENT reserves the right to offset any over-~3ayment or disallowance of any item or items under this grant agreement by reducing future payments requested by GRANTEE. This clause shall not be construed to bar any other legal remedies the DEPARTMENT may have to recover funds expended by GRANTEE for disallowed costs. IX. GRANTEE Reoorts: GRANTEE agrees to provide the DEPARTMENT with such progress reports as the DEPARTMENT may from time to time require including, but not limited to, the following: A. Quarterly Financial Status Report (FSR) by the 20th of the month following the calendar quarter covering such status for that quarter. GRANTEE shall report expenditures of other funds satisfying match requirements as specified at 20 CFR 645, Subpart C, on the quarterly FSR. B. Quarterly Status Reports by the 25th of the month following the calendar quarter covering such status for that quarter. GRANTEE shall also make i;uch reports to the U.S. Attorney General, the Comptroller General of the United States or the DEPARTMENT as any of them may require. The DEPARTMENT shall withhold funding if reporting requirements are not met in a complete, accurate and timely manner. Xo Monitoring and Corrective Actiq)n: Performance as set forth in Paragraph il above is essential throughout the term of this grant agreement. GRANTEE agrees to permit monitoring by the DEPARTMENT to determine; grant agreement performance and compliance with grant agreement provisions. GRANTEE further agrees to cooperate with the DEPARTMENT in performing and completing such monitoring activities and GRANTEE agrees to implement and comply with such remedial action as is proposed by the DEPARTMENT. Xi. ~: GRANTEE agrees to indemnify and save and hold the DEPARTMENT, its agents and employees harmless from any and all claims or causes of action, including attorney's fees, arising from the performance of this grant agreement by GRANTEE, its agents, officers and employees. Nothing herein shall constitute a waiver by the GRANTEE or the DEPARTMENT of any statutory or common law limits of liability, defenses, o~ immunities. Soecial Administrative Provisions Reauired Under the Act: GRANTEE agrees to administer the program in accordance with the Act and the regulations and guidelines promulgated thereunder. (M~ny of'these guidelines are presented in the DEPARTMENT's JAIBG Handbook.) GRANTEE also agrees to comply with other applicable Federal and State laws. In the event that these laws, regulations or guidelines are amended at a~ny time during the term of this grant agreement, the GRANTEE shall comply with such amended l'aws, regulations or guidelines. Ao .~. e.~.ords/Audits: GRANTEE agrees to use such fiscal, audit and accounting procedures as may be necessary to assure and promote sound financial management, including effective internal controls. The U.S. Attorney General, the Comptroller General of the United States and the DEPARTMENT, or a designated representative, shall have access to and the right to examine for audit purposes or otherwise, any books, documents, papers or records of GRANTEE. The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant agreement are also subject to examination by the DEPARTMENT and the Legislative Auditor of the State of 3 Co Eo' Fo Minnesota. GRANTEE agrees to fully cooperate in any such examination and/or audit and to have said audits carded out ir~ accordance with "Grant Audit Requirements," which is in Chapter 509 of the MDES Policies and Procedures Manual and hereby incorporated by reference and made a part hereof. All records pertaining to this grant agreement shall be retained by the GRANTEE for a period of at least three years after the expiration of the term of this grant agreement, or on completion of an audit, if one has been commenced within three years, whichever period is longer. Pro0ram Stanclards: GF~,NTEE agrees to comply with OMB Circulars Numbers A-21, A-87, A-110, A-122, A-133, the OMB "Common Rule" (as codified at 29 CFR 97), and ASMB C-10 (Implementation Guide for OMB Circular A-87), as these circulars are applicable and as they relate to the utilization of funds, the operation of programs and the maintenance of records, books, accounts and other documents under the Act as amended. Under the Cost Principles Circulars (A- 21, A-87, or A-122), common or joint costs charged to grants must be based upon written cost allocation plans. Non-Discrimination Statement: The GRANTEE will comply with all applicable Federal, State, and local laws prohibiting discrimination, including but not limited to: The Civil Rights Act of 1964 (42 USC 2000d). as amended by the Eoual EmBloyment O_DDOrtunity_ Act of 1972, which prohibits discrimination on grounds of race, color or national origin, and applies to any program or activity receiving federal financial aid, and to all employers, including State and local governments, public and private employment agencies, and labor organizations ii. The Minnesota Human Rights Act. ('Minnesota Statute 36:~), agrees to comply with the Minnesota Human Rights Act, Minnesota Statue 363, which prohibits discrimination based on race, color, religion, age, national origin, sex, marital status, citizenship, disability, or reliance on public assistance. iii. The Rehabilitation Act of 1973 (29 USC 794~, as amended, which prohibits discrimination on the basis of handicap in all federally-funded programs. iv. The Age Discrimination Act of 1975 (42 USC 6101), as amended, which prohibits unreasonable discrimination on the basis of age in programs or activities receiving federal financial assistance.~ v. The Americans with Disabilities Act of 1990(42 USC 1201), as amended, which prohibits discrimination on the basis of physical, sensory, or mental disability or impairment. Affirmative Action: (If applicable), GRANTEE certifies that it has received a Certificate of Compliance from the Commissioner of Human Rights pursuant to Minnesota Statues, Section 363.073. Workers' ¢~)m~ensation: In accordance with the provisions of Minnesota Statutes Section 176.182, the State affirms that GI~,NTEE has provided acceptable evidence of compliance with the workers' compensation insurancE; coverage requirement of Minnesota Statute 176.181, Subdivision 2. Relocation Assistance: GRANTEE agrees to comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (Public Law 91-646) which provides for fair and equitable treatment of persons displaced as a result of federal or federally assisted programs. Church/State Se0aration.: GRANTEE agrees that program participants shall not be employed in the construction, operation or maintenance of that part of any facility which is used for religious instructions or worship. GRANTEE further agrees that no funds shall be expended for sectarian Xlll. XIV. XV, XVl, XVIII. XIX. ,worship, instruction, or proselytization. Ho Data Practices: The GF?,ANTEE understands and agrees that it shall be bound by the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13), and that it shall inform program applicants that the DEPARTMENT may share applicant data with other agencies for eligibility and program evaluation purposes. GRANTEE shall incorporate into the form used to provide applicants' an explanation of their right under the Minnesota Data Practices Act the clauses contained in the DEPARTMENT'S "DATA USES INCLUSION REQUIREMENTS" {Attachment 1). I. Drug Free W0rkolace: GRANTEE agrees to make a good faith effort to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Job Service.Listing: GRANTEE shall list any job vacancy in its personnel complement with the nearest Minnesota Job Service Office as soon as it occurs. Voter Registration: GRANTEE shall provide non-partisan voter registration services and assistance, using forms provided by the Secretary of State, to employees of GRANTEE, program participants and the public as required by Minnesota Statutes, Section 201.162. ~,ssignment: The GRANTEE shale neither assign nor transfer any rights or obligations under this grant agreement without pdor written consent of the DEPARTMENT. The provisions of this grant agreement applicable to the GRANTEE shall also be applicable to subgrants made by the GRANTEE from funds obtained under this grant agreement. Modifications: Any modifications to this grant agreement shall be in writing and shall be executed by the same parties who executed the original grant agreement, or their successors in of'rice. Debarment and S.~spension Certification: (If applicable) The GRANTEE agrees to follow the President's Executive Order 12549 and the implementing regulation "Nonprocurement Debarment and Suspension; Notice and Final Rule and Interim Final Rule," found at 53 FR 19189, May 26, 1988, as amended at 60 FR 33041, June 26, 1995, including Appendix B, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions"; unless excluded by law or regulation. Lobbying Certification and ~)is~losure: (If applicable) The GRANTEE shall comply with Interim Final Rule, New Restrictions on Lobbying, found in Federal Register Vol. 55, No. 38, February 26, 1990, and any permanent Rules that are adopted in place of the Interim Rule. The Interim Final Rule requires the GRANTEE to certify as to their lobbying activity. The Interim Final Rule implements Section 319 of Public Law 101-121, which generally prohibits recipients of Federal contracts, grants and loans from using appropriated funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a specific contract, grant or loan. Ooerating Procedures: The GRANTEE hereby acknowledges that it has in its possession the documents issued by the DI--PARTMENT entitled "JAIBG Handbook". The GRANTEE further acknowledges that its supervisory personnel to be involved in the administration of the grant agreement have read and understand said document. The GRANTEE agrees to comply with the contents of the aforementioned documents° Interest/Program Income: The GRANTEE shall be responsible for establishing and maintaining records identifying interest and/or investment income earned on advances of program funds. Income so earned shall be added to the existing funding of this grant agreement and may be used for any allowable grant expenditure. Grant Agreement Closeout: The GRANTEE agrees to submit a final quarterly Financial Status Report (FSR) and a payment for the balance of any unspent and unobligated grant funds to the DEPARTMENT within 45 days after the end of the term of this grant agreement. Accompanying the final FSR shall be a listing of any continuing liabilities on the grant, if applicable. Failure to submit a final FSR within this period may result in disallowance of payment for any expenditures not previously submitted. The GRANTEE agrees to submit a revised final FSR to the DEPARTMENT if any additional funds must ~:eturrted to the DEPARTMENT after grant agreement cioseout. dprisdiction alqd Venue: Thi:s grant agreement, and any amendments and supplements thereto, shall be governed by the Laws of the State of Minnesota. Venue for all legal proceedings arising out of this award, or breach thereof, shall be in the State or Federal Court with competent jurisdiction in RamseY County, Minnesota. IN VVITNESS WHEREOF, the parties have caused this Grant (No. 9047~ ) to be duly executed intending to be bound thereby. FOR Columbia He.ights Police Department · (Name of Delegate Agency) ·/~seph Sturd~v~nt Title: Mayor, City of Columbia Heights FOR THE GRANTEE*: Walter F~h~t ' City Manager, City of Title: Columbia Heights Date: APPROVED FOR The DePartment of Economic Security- Workforce PreDaratiq)n Branch: Title- Director Proaram Sup0~)rt Services ° if a corporation, two corporate officers must execute. Workforce Preparation Branch Voice: (651) 296-0928 Fax: (651) 296-5745 TTY: (651) 296-2796 EXMI IT A · ..-~=. -~,=~,~,,-~.~MINNESOTA'JU~ENILE ACCOUNTABIUTY INCENTIVE BLOCK GRANT (JAIBG) 1998 - 99 Local Entitlement Grants GRANTEE AGENCY: The fiscal agent with whom the grant agreement will be executed. Columbia 559 Mill Columbia Heights Police Department Street N.E. Heights M~ 55421-3882 CONTACT MAILING ADDRESS: (if different from above) Project start date: 01-01-99 Name: Title: Phone #: FAX: E-Maih Contact Name: Title: Chief Phone#: (612) FAX: (612) ~Mail: Thomas M. Johnson Chief of Police (612) 782-2844 (612) 782-2842 Thomas M. of Police 782-2844 782-2842 Projectend date: 12-31-99 Johnson CONTRACTING INFORMATION (grant agreements cannot be processed without this information) MN TAX ID#: 8021384, I F~eral Employer ID#: 416005069 JAIBG Allocation $ 10,305 Match Required: (11-2% of Allocation, except construction requires a dollar for dollar match). TOTAL Project_Cost $ 1,145 11,450 $ Typed Name,q'itle: Thomas M. Johnson, Chief of Polld~hone: (612) 782-2844 O,:t~R,~ S. 199S MINNESOTA DEPARTMENT OF ECONOMIC SECURITY ASSURANCES JUVENILE ACCOUNTABIUTY INCENTTVE BLOCK GRANT (JAIBG) · 1998 -1999 LOCAL ENTITLEMENT GRANTS FORM B Check the Program Purpose Area(s) this grant will suppo~ Sm: Attachment 1 for Program Purpose descriptions PROGRAM PURPOSE AREA () 1. Construction~ 00 2. Accountability- Based Sanctions () 3. Hiring (Non-Prosecution! () 4. Prosecution:Hiring () 5. Prosecution: Drugs, Gangs, Violence () 6. Prosecution: Technology, Equipment, Training () 7. Courts and Probation Construction requires a dollar !For dollar match. () 8. Juvenile Gun Courts ()' 9. Drug Court Programs () 10. Information-Sharing Programs ~) 11. Accountability- Based Programs (Law Enforcement Referral/School Safety) () 12. ContTolled SubstanceTesfing I, Thomas M. Johnson~ Chief of Police (Name/title) actingfor City of Columbia Heights do cerfify that the following are true: (Name of City~County) 1. We have established a Juvenile Crime Enforcement Coalition (JCEC) in accordance with the Federal Guidelines (se.- FORM F); 2. Our JCEC has developed a Coordinated Enforcement Plan (see FORM G); 3. We have or (will have) the required hard cash match (see ATTACHMENT2); and 4. We have implemented, (or will implement) by January 1,1999, a policy of teeing appropriate categories of juveniles within the juvenile justice system for use of controlled substances (see FORM H). . 5. We agree to implement the project using the minimum percentages (35~/45%) required in federal statute (see Form C for projects proposing an alternative use of funds). Typed Name/Title: Thomas M. Johnsont Chief of Police I Date: / d' Phone: (612) 782-28~ MINNESOTA DEPARTMENT OF ECONOMIC SECURITY JUVENILE ACCOUNTABIUTY INCENTTVE BLOCK GRANT (JAIBG) CERTIFICATION OF ALTERNATIVE USE OF FUNDS FORM C Unless a signed Certification of Alternative Use of Funds~ is received by MDES, (other than funds set aside for administration), federnl law requires that not less than 35 percent of JAIBG funds received at the local level must be used in areas 1 and/or 2 and/or 10. No less than 45 percent of JAIBG funds received at the local level must be used in one or more of areas 3 through g. Funding may also be used in areas 11 and/or 12. We will use the funds in the 'Following amount(s) and Program Purpose Area(s): PROGRAM PURPOSE AREA (See Attachment 1) Dollars Percent 1. Con.ruction 2. Accountabil~cy - Based Sanctions 5,6,50 6,8% 3. Hiring (Non-Prosecution) 4. Prosecution: Hiring 5. Prosecution: Drugs, Gangs, V~olence 6. Prosecution: Technology, EqUipment, Training 7. Courts and Probation 8. Juvenile Gun Courts g. Drug Court Programs 10. Information - Sharing Programs 11. Accountabitky- Based Programs (law enforcement referral/school safety) 6,000 52'4 12. Controlled Substance Testing Grand Total $ !1,6,50.001 100% el hereby certify to MDES Sat the interests of public safety and of crime control would be better served by expending JAIBG funds in a proportion other than the percentage minimums required under Federal Law. IAuthorized Signatu ~ ' Date: / Typed Name/Title: Thomas H. 3o~,,nGon, Chief of ?o].ice Phone: (612) 782-28~,~, Please describe your reason(s) for requesting a Certification of Alternative Use of Funds: ATTACH ADDITIONAL PAGE(S) IF NECESSARY Page 5 c~ COLUMBIA HEIGHTS POLICE DEPARTMENT TO: ' FROM: SUBJECT: DATE: Minnesota Department of Economic Security, Workforce Preparation Branch Thomas M. Johnson, Chief of Police : Reason(s) for Requesting a Certification of Alternative Use of Funds December 10, 1998 The two programs that we wish to fund in this grant are the Project Safety Net program and our graffiti cleanup program. Each of these programs are proven juvenile intervention programs that need to continue in our community. The programs give direction, guidance, responsibility, and intervention to those juveniles in our community who are in need of these services. These programs allow us to continue a proactive response to juvenile crime in our community and because of the proven track record of these programs, deserve the funding you have available. Please see the program descriptions in the back of this grant for further information. Your full consideration of this alternative use request is greatly appreciated. If you have any questions, please do not hesitate to contact me (612)782-28,$4. TMJ:mld 98-406 MINNESOTA DEPARTMENT OF ECONOMIC SECURITY JUVENIL I:: ACCOUNTABILrTY INCENTIVE BLOCK GRANT BUDGET INFORMATION SUMMARY FORM D A. Total JAIBG Allocation .................................................................. $ Z0,305 B. Required Match ........................................................................ $ 1,Z,5 C Total Program Cost (A plus E~) ........................................................... S lZ,~50 D. Minus Administration (up to. 10~ of the amount on line A) .............................. $ 0 E. Amount Available for Program PurPose Areas (C minus D) .............................. $ ll,aSO* PROGRAM PURPOSE AREA (See Attachment'1) Dollars Percent 1. Construction 2. Accountability - Based Sanctions 5,450' 48% 3. Hiring (Non-Prosecution) 4. Proseccrtion: Hiring 5. Prosecution: Drugs, Gangs, Violence 6. Prosecution:Technology, Equipment, Training 7. Courts and Probation 8. Juvenile Gun Courts 9. Drug Court Programs 10. Information - Sharing Programs 11. Accountability- Based Program.~ (law enforcement referraVschool safety) 6,000 52% 12. Controlled Substance Testing TOTAL # $i!,/,50 100~ * Total must equal Amount Available for Program Purpose Areas (line E above). '.'.:. o:~uh-m~o~u~a~'u,~ ~ r~r=~ Page 7 MINNESOTA DEPARTMENT OF ECONOMIC SECURITY JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANTS BUDGET FORM FORM E Fill out a separate Form E/Budget Form for each Program Purpose Area to be funded. Budget period from Sanuar¥ 1 1999through December 31, ~[999 APPLICANT AGENCY Columbia Heights Police ADDRESS 559Mtll Street N.E. Columbia Hetsh:s I~ 55421-3882 TELEPHONE/I:AX Phone (612) 782-28G4 Tax (612) 782-2842 Program Purpose Area: 2 : Accountability-based functions Number Description BUDGET CATI-'.GORY Salaries Employee Benefits Contracted Services AMOUNT REQUESTED 3,156.40 1,262.56 Travel (29 cents per mile for mih.,age) Space Costs & Rental Supplies, Phone, Postage, Printing/Copying 1,031.04 E~uipment TOTAL, iS 5,450.00 On the back of this page, please provide a brief description of the rationale and background on how this funding will be used and why you have selected ~is Program Purpose Area for funding. (NOTE: The description providt~l on the back of this page will also serve as a major component of the plan you are required to submit as a part of the process to secure funding. See Form G: Local Plan for additional information.) · .. o:~ut~-a~xz~o~,_--,_, ,,,.,~.~o. em,.,~ Page Please describe briefly the rationale and background on how 13~is ac'dvtty was selected in addition to how - funds allocated in mis category will be expended. You may attach additional sheets if necessary. · Accountability Based Sanctions The Cor~nunity Service program was selected for funding as part of the Coordinated Enforcement Plan for Reducing Juvenile Crime due largely to its track record in providing benefits to both the conrnunity and the Juvenile offenders who participate in the program. The co. unity service projects completed by program participants have benefited the community by noticeably reducing graffiti throughout the city, assisting elderly citizens in completing strenuous yard work, and assisting local businesses and the school district with occasional cleanup projects. The program benefits the juvenile offenders by providing sanctions for their criminal behavior· In fact, juvenile offenders have been directed to this program from throughout the entire county, as it is one of the few regular programs that provide this service. The juveniles also benefit by working alongside adult role models to complete · constructive activity. The funding for this program will be applied to the wages of supervisors who work with the youth in this program, and · small portion will be applied to cover refreshments during the educational session that concludes the day long community service projects. Page l0 ~,~s.~-~ MINNESOTA DEPARTMENT OF ECONOMIC SECURrrY JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANTS BUDGET FORM FORM E Fill out a separate Form l-Z/~udget Form for each Program Purpose Area to be funded. Budget perlod from January 1 lgGgthrough December 31~_2999 APPLICANT AGENCY ADDRESS Colu~bta Hetshts Police Program Purpose Area: .559 Mill Street N.E. Columbia 1~eights f~q 55421-3882 Number TELEPHONEJI:AX Phone (612) 782-2844 Fax (612) 782-2842 : Accountab:Ll~.ty-based funct:ton$ Descrfption BUDGET CATEGORY Salaries Employee Benefits Contracted Services Travel (2g cents per mile for mileage) Space Costs & Rental Supplies, Phone, Postage, Printing/Copying E~uipment TOTAL AMOUNT REQUESTED 5;220.00 780.00 $ 6 ;000.00 On the'back of this page, please provide a brief description of the rationale and background on how this funding will be used and why you have selected this Program Purpose Area for funding. (NOTE: The description provided on the back of thls page will also serve as a major component of the plan you are required to submi~ as a part of the process to secure funding. See Form G: Local Plan for additional informati .on.) Page Please describe briefly the rationale and background on how this activity was selected in addition to how funds allocated in this category will be expended. You may attach addi~ona! sheets if necessary. Accountabilit7 Based Sanctions The Community Service progrLmwas selected for funding as part of the Coordinated Enforcement Plan for Reductn$ Juvenile Crime due largel~ to tls track record in provldinS benefi:s to both the communi:y and the Juvenile offenders who participate in the prograzn. The COnTflunity service proJect~ completed by prosraA participants have benefited the con~nunity by completing strenuous yard work, and assisting local businesses and school dts[ric= wi=h occasional cleanup ~rojec=s. The program benefits ~he Juvenile offenders by providing'sanctions for their criminal behavior.. In fact, Juvenile offenders have been ~irected ~o thfs proEr~ from throughout the entire county, as ic is one of the few regular prosr~s provide this service. The ~uveniles also benefit by workins alongside a~ult role models to complete a constructive activity. The fundln8 for this program will be Applied to-the wases of supervisors who work with the youth in this program, and a small portion will be applied to cover refrei~bments during the educational session that concludes the day lon~ community service projects. Page l0 LOCAL JUVENILE CRIME ENFORCEMENT COAUTION (JCEC) FORM F When establishing a local JCI=C, units of local government must indude, unless impracticable, individuals representing (1) police, (2) sheriff, (3) prosecutor, (4) State or local probation services, (5)juvenile court, (6) schools, (7) business, and (8) religious affiliated, fraternal, nonprofit, or social service organizations involved in crime prevention. The eight listed groups for establishing a JCEC is not an exhaustive list. Units of local government may add additional representation as appropriate. Please include the person's name, title, address, organization represented, phone number, fax number and e-mail address (if available). Please complete both sides of this form; it is a component of your local plan (as described in Form G). Juvenile Crime Enforcement Coalition Members: 1) Police Chief Thomas M. Johnson, Chief of Police, Columbi.a Heights Police Captain Leonard M. Olson, Columbia Heights Police Department (612) 782-2846 Phone 559 Mill"Street N.E., Columbia Heights, MN 55421-3882 (612) 782-284,2 Fax 2) Sheriff Sheriff Larry' Podany, Anoka County Sheriff's 325 Jackson Street, Anoka MN 55303-2210 Phone (612) 323-5021 Fax (612) 422-7503 Department 3) Prosecutor Hr. James Hoeft, City Attorney, City 590 40th Avenue N.E. Columbia Heights, MN 55421 " Phone (612) 782-2800 ext. 217 Fax (612) 782-2801 of Columbia Heights 4) Probation Sue Lidberg, Anbka County Corrections 5) Court Judge Michael Roith, Anoka County District Court Anoka County Courthouse 323 E. Main Street Anoka MN 55303 Phone (612) 422-7440 6) School Mr. William Streff, principal, Central Middle School 900 49th Avenue Columbia Heights, MN 55421 Phone {612) 586-4620 Fax (612) 586-4610 7) Business Mr. Bruce Magnuson, I.P.C. Printing C~. 4850 Central Avenue Columbia Heights, MN 55421 Phone (612)574-1231 Fax (612)574-1252 City of Columbia Heights 8) Community Organization Representatfve Mr. Jim Rurmmel, citizen. Member of Immaculate Conception Church 9) Other List any other members of your local Juvenile Crime Enforcement Coalition not listed above: Page12 LOC PLAN FORM G Units of local government that are eligible to receive JAIBG funds must establish a Coordinated Enforcement Plan for reducing juvenile crime developed by the local Juvenile Crime Enforcement Coalition UCEQ. Coordinated Enforcement Plan for Reducing Juvenile Crime The plan developed by a local JCEC is based on an analysis of local juvenile justice system needs. The analysis determines the most effec.x~fve uses of funds, within the twelve JAIBG Program Purpose Areas, to achieve the greatest impact on reducing juvenile delinquency, improving the Juvenile justice;system, and increasing accountability for juvenile offenders. On this page and the foliowing page, please summarize those Program Purpose Areas you intend to fund and provide an overview of the rationale. This summary should tie together your overall issues and rationale for the specific areas your partnership has chosen to fund. Local Plan for: City of Columbia Heights (O'ty/Counry) Coordinated Enforcement Plan for Reducing Juvenile Crime The City of Columbia Heights',~s been working in cooperation with the business community, Anoka County Corrections, and the Columbia Heights School District, the City of FHdley, and s~veral private groups in a collaborative effort to reduce.juvenile crime in Columbia Heights and the adjoining city of Fridley. This plan involves several programs that are coordinated by both cities. I. Community Service Program The Community Service Program is a program coordinated by the Colurnbia Heights Police Department. This program draws at-risk youth from three primary sources: Anoka County Corrections, Anoka School District, and Anoka Court Diversion Program. Juveniles who are assigned court ordered cornmunity service are referred to this program by Anoka County Corrections, as are juveniles who are first-time offenders who have been diverted from juvenile com't, but are assigned community service as part of their "contract" designed through their court diversion program. Additionally, juveni, les who have l~rge amounts of detention time at the high school and middle school levels are also referred to this program and received double credit on their detention time by working it off rathe_r, than just sitting in a clas~oom. The program coordinate work dates with the City of Fridley and utilizes personnel from both depa~uaents, as well as the occasional assistance from the Retired Senior Volunteer Program. Volunteers fi.om the RS'VP assist with the supervision of juveniles on the work crews, thereby serving as adult role models for the juveniles in the program. In addition to arrangements made with local businesses in the community for cleaning graffiti from their walls, the program also serves the Fridley/Columbia Heights Senior Volunteer Program by providing workers to as.,~ist seniors with yard work or snow shoveling. Work crews from this program also assist the school district when appropriate clean-up projects are requested. Work crews that serve ¢)n day-long projects (five hours) have a break and educational session for the final 45 minutes. The :;ession includes pizza provided by a local business at a half-price rate and a Lo~i Plan (Co ~ued}: crime/drug prevention presentation. This enhances the program by reinforcing the positive aspects of working with adult role models to accomplish constructive activities wir3~in the community. Il. Safety Net Program The Safety Net Program is coordinated by the City of Fridley. As with the Co,iuiiunity Service Program, it also serves both cities. The Safety Net Program provides a drop-off center during late' night and early mornini: hours. Officers who arrest juveniles for curfew violations Iranspor~ them to the drop-off center wh~.*re they are held until a parent can pick them up. The center is staffed by counselors t. hat can pro'vide immediate assessment and counseling to both the juvenile offender and their parents in an effort to reduce recidivism. Additionally, Safety Net provides an ongoing youth outreach program that provides juvenile, s with constructive activities and a support network for juveniles even after they have completed their community service program. This offers at risk youth the opportunity for continuing support from many of the role models who had worked with them during their cour~ ordered community service. Safety Net also offers a court diversion program and mediation services when appropriate. This coordinated ent'or~:ernent plan between the cities of Fridley and Columbia Heights has been in effect for two years Ired has demonstrated its effectiveness in reduced recidivism rates and contributions to the community. By offering these coordinated programs, we are able to provide accountability sanctior~f for juvenile offenders, as well as programs that will meet the long term needs of these offenders. This plan clearly presents the most effective means to meet the needs of the juvenile justice system for southern Anoka County. CONTRO~ ~ rD SUBSTANCE TESTING FORM H Federal law requires that a unit of local government, to be determined eligible to receive a JAIBG award or subgrent, must have implemented, or agree to implement by January 1, lg<)9, a policy of tes~ng appropriate categories of juveniles within the juvenile juice system for use of controlled substances. The categories of juveniles within the juvenile juice system that are °appropriate' for testing shall be determined by the Chief Executive Officer of the State certifying compliance or by the applicant unit of local government. It is expected that appropriate categories will vary among Jurisdictions depending on their needs and resources. States and units of local government are encouraged to include drug treatment in their overall plan to reduce.juvenile drug use. You may determine the categofie:; for testing for your jurisdiction. Please list the categories: Controlled Substance Testing The City ,of Columbia Heights has adopted and is currently in cor~ormance wi~ the controlled substance testing policy set forth by the County of Anoka. The categories of juveniles that are affected by this testing policy area summarized as follows: Juveniles who have committed felony offenses that are drug related offenses, or non-drug related felony offense,,; that were committed while the juvenile was under the influence of alcohol or drugs, or were in the possession of the juvenile at the time of the felony offense· In these cases there is a requirement for a mandatory chemical dependency assessment and random drug testing as ordered by the court. H. Juveniles who have comrnitted misdemeanor criminal offenses involving drugs or alcohol. Juveniles are directed to chemical dependency assessment and random drug testing as ordered by the court. III. Juveniles who have committed misdemeanor criminal offenses not involving drugs, or alcohol, · but whose parents believe that their delinquent child is a habitual user of drugs or alcohol. Juveniles are directed to chemical dependency ~sscssment and random drug testing as ordered by the court. Page 15 o~z. ~wz ATTACHMENT 1 DATA USES INCLUSION REQUIREMENTS I. Program Information A. Why We Are Askinp For It; To help us decide whether you are eligible for* the program and what other services you may need. B. HOw We Plan To Use It: We may use it to prepare required reports, conduct audits, review eligibility and to find out how the program is helping you. C. With Whom We May Share Thi~ Information: With staff, allowed by law, who need it to do their jobs in: the Minnesota Department of Economic Security; the United States Departments of Health and Human Services, Labor, Housing and Urban Development and Agriculture. We may also share it with community based agencies, local and state human service agencies, educational programs and other agencies which help you. D. If YOu D9 Not Provide This Information: You are not required by law to provide this information. If you choose not to provide this information, we may not know whether you are eligible for the program and may not be able to help you. Providing false information can lead to removal from the program. II. Wage Detail Files We may also use information from wage records kept by the Minnesota Department of Economic Security to help us evaluate the program. i11. Social Security Numbers You do not haw= to provide a Social Security Number to be eligible for our programs. Federal Privacy Act and Freedom of Information Act dictates the use of the Socisl Security Number. We may use it for computer matches, program reviews and improvements, and audits. CITY OF COLUMBIA HEIGHTS Meeting of: March 8 1999 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: 8~f Community Development £ APPROVAL ITEM: Amended Community Development BY: Kenneth R. Anderson ~ BY: Copier Bid ~,e ,, tt~ ,, 47 DATE: March 3, 1999 BACKGROUND: The Community Development Department secured City Council approval at the meeting of February 22, 1999 to purchase a Lanier 7335 analog copier with options from Stringer Business Systems in the amount of $6,078.60 plus tax. At the same time, the Police Department received Council authorization for purchase of a Panasonic 7750 analog copier with options from Technifax Business Systems, Inc. (TBS) in the amount of $8,677 plus tax. When staff notified TBS of our decision to purchase a Lanier 7335 copier, TBS drastically altered their previous bids to provide a much more competitive bid for Columbia Heights. They have indicated that Panasonic is very interested in securing governmental clients and price their products accordingly. Attached we have included a revised bid from TBS to sell to the City of Columbia Heights two Panasonic 7750S2 copiers for a cost of $6,798 for the Police Department and $6,078 for the Community Development Department, plus tax. These prices are comparable to the price of the Lanier 7335 copier proposed for purchase by the Community Development Department. ANALYSIS: The revised bid results in a total cost savings to the City of $1,879. The Cormnunity Development Department will receive a copier with a speed of 50 copies per minute versus the 35 copies per minute available from the Lanier copier. All of the rernaining features are comparable. The Police Department copier is priced to be $720 more expensive than the Community Development Department copier because it includes the large capacity paper tray and three hole punch options. For your information, the TBS proposal will also include the acquisition of a Minolta EP2050 copier for Parkview Villa. This copier will be a refurbished copier with approximately 117,000 copies on the meter reading and will cost $2,800 plus tax. The Parkview Villa staffwill be allowed to use the Minolta 2050 on a 30 day trial basis. This proposal will provide all three departments with necessary features at a most affordable acquisition cost. RECOMMENDATION: Staff recommends City Council authorization to amend the previous approval for the Community Development Department to acquire a Lanier 7735 copier at a cost of $6,078.60 plus tax for purchase ora Panasonic 7750S2 copier for the cost of $6,078 plus tax from TBS. RECOMMENDED MOTION: Move to approve the purchase of a Panasonic Model 7750S2 copier from Technifax Business System, Inc. based upon their qualified, responsible bid in the amount of $6,078.00 plus tax with funds to be appropriated from the capital equipment replacement fund; and furthermore, to authorize the City Manager to enter into an agreement for the same. Attachments: ltr3-8-1999copieramend COUNCIL ACTION: Community Development Police Department Parkview Villa TBS Panasonic TBS Panasonic TBS 7750S2 Analog 7750S2 Analog Minolta EP 2050 -refurbished- Copy Sizes 11 x 17 11 x 17 11 X 17 Copy per rain 50 50 25 Paper Trays 3 3 2.500 550 sheets ea. 550 sheets ca. Bypass X X X Auto Duplex X X X Sorter/finisher 20 bin 20 bin 10 bin sorter staple/so~ staple/punch/sort Reduc/Enlarg 50-200% 50-200% 50 - 200q~, Service time 2 hr emergency 4 hr response 2 hr emergency 4 hr response 2 hr emergency 4 hr response Monthly cost of .01 per copy includes toner/devel .01 per copy includes toner/devel one year or 8,000 copies free - parts service labor, toner & developer incl. Protection 90 day Repurchase 30 day trial periad one year guarantee parts/labor Cost per copy after 1~t yr over # incl .015 copy supp. inc. Service carry all parts in cars carry all parts in cars carry all parts in cars BID AMOUNT $6,078 $6,178 $2,800 w/20 bin sort/stapler w/20 bin sort/punch/stapler w/10 bin sort H:kmisc\copieramend FEB-~-I~Bgg ~8:~ Ifficl IGtemlfig $ 9, ?~ul. UN 55104 TBS 651 291 1407 P.05/03 Yebru~-y 25, 1999 Prop4zr31 Prct)m.ed for: T~ City of Columbia Heights Kennel~ .4~mderson Thomas Johr~on 590 40~' Avenu~ N.E. Columbia HeiEhts, MN 55421 TBS Pro_~s.es: TWO Panasonic 7750S2'S · 20 Bin Staple Sorter and 3 Hole Punch For the Police Department · 20 Bin Staple Sorter for the Community Development Department · 3 Paper Trays for Each Copier · Automatic Document Feeder · Duplexlng · Zoom Reduction and Enlargement of ($0%- 200~) in 1~ · Book Copldng Mode · F-<lge Erase and Margln Erase · Quantum Tecimolog~ Proposed investment: Police Department's Community .Development $6178.00 $6O78.OO Sea-ice mm'l~rnent: Copim billed @ .010 a ~py for the two T750's Covers all PM's, par~, drunk, service, travel time, toner and developer · 4 hour ~ time. · 2 hour .~'n'mrgcncy response if down · Over the pho~ technical support Ibm to 5pm Monday- Friday Jim Baclcstrom Account Executive TOTAL P.03 ~EB-~6-1999 08:56 7~ W~ ~/A~nL~ ~ P~, MN 55104 f8~) 3~i-1710 F~x (~51) 291-1407 TBS Febmaz7 25, ]999 The City of Columbia Heights Kenneth Anderson 590 40"' Avenue N,E. Columbia Heights, MN 55421 Features: p~posed Coat: 651 ~1 1407 P.02/05 Minolta 2050 with l 17,xxx copies on it Handles up to 20,000 copies a month 50~-200~ zoom range Console system with front loading paper drawers 10 Bin Sorter 2500 Sheet Large Capacipff Tray 25 Copies per minute First Copy Speed of 6.8 seconds Fully automatic duplexing system Auto Tray Switching Copy Size of 51/2" x 81/2" to I1" x 17" $2,800.00. 90 Davy Repurchase Protection 30 Day Trial Period One Year Guarantee All Parts and Labor Jim Backstrom Account Executive PANASONIC FP'7750S2 << << BACKGROUND INFORMATION SRP (USA: Canada): $13,750;$11,995 Manufacturing Status: New Domestic Intro Date: October 1996 OEM: Matsushita (Japan) Also Sold As: Pitney Bowes C500 Distribution: Mfr's Rec MoNol: Dealers and branches Up to 85.000 copies BL! COPIER FACT SHEET 'l 'r~PE Configuration/Platen: Console, stationary Toner: Dry, dual component Development: Magnetic brush Optics: Lens and mirror Fusing: Heat and pressure SPEEDS First Copy: 2.9 sec Multicopy (Letter/Ledger): 50/31 cpm Warm-up: 270 sec PAPER/DOCUMENT CAPACITIEB Paper Feed: Paper Capacity: Paper Weights: Bypass: LCT/Capacity: Maximum Original Size: Minimum Copy Size: Maximum Copy Size: Void Areas: Duplex: Capacity/Paper Sizes: SADF: ADF: Speed/Capacity: Paper Weights: RDH: Speed/Capacity: Paper Weights: Sorter: Bins/Capacity: Stapler Sorter: Capacity (Bins/Stapling): Finishing: Dual drawer 550/550 sheets 15 to 24 lbs. 50-sheet/15 to 30 lbs. Opt/3,000 sheets 11x17 4x6 11x17 Yes. lead edge Auto (1:2.2:2.2:1 ) 50-sheetJ'5-1/2 x 8-1/2 to 11 x 17 None Std RADF 50 opm/50 orig 14 to 28 lbs. None Not applicable Not applicable Opt 20/50 sheets per bin Opt 20-bin 50/50 sheets per set None FEATURES Preset Reduction (%): 50,61,65,77,79 Preset Enlargement(%): 121,129,155.200 Zoom Magnification (%): 50 to 200 (1% incr) Auto Paper Select: Std Auto Magnification: Std Book Copying: Std Margin Shift: Std Color: None Other Features: OHP interleaving; iow paper warning; 100 departmental codes; photo mode; auto start; presentation mode: interrupt mode; LCD touch panel: 5 job programs: energy-save mode; edge. margin & book erase; sheet insertion (20); cover mode; auto tray switching; multi-size feed; auto power-off; booklet mode; user choice mode; skyshot/check mode: opt check feeder CONTROL PANEL Quantity Selector: Automatic Exposure: Diagnostics: User: Jam: Service: SPECIFICATIONS Dimensions (H x W x D): Weight: Power Requirements: Dedicated Outlet: 1 to 999 (0 to 9 keypad) Yes Graphics and text Graphics and text Codes, graphics, text 25" x 24" x 26" 276 lbs. 120V, 15A Required COMMENTS Max on-line paper cap w/duplexing, 5,250 sheets from 6 paper sources; utilizes QuantumTM technology, whereby the copy monitors many variables & makes adjustments to ensure the highest copy quality; Energy Star-compliant (Tier 2); utilizes ETPTM (Evaluative Toner Process) toner recycling OPTIONS 3,000-sheet LCT: $1,120 20-bin sorter: $2,020 ?J3-bi~ st~.~e~ sort. e~: $3,445 550-sheet drawer: $370 Check feeder: $156.20 MAINTENANCE Fuser Rollers: Two Yield: 360,000/600,000 Cleaning Blades: Drum blade Yield: 120,000 Other: Not applicable Yield: Not applicable Fuser Oil: Not required SUPPLIES Photoconductor: Orgamc drum Yield: 120,000 Price: $184 Toner: 660g btl Yield: 20,000 Price: $102 Developer: 750g btl t~ITY C~UNCIL LETTER M~.Lin of: March 8. 1999 'AGENDA_No: ~'~ECTION: CONSENT AGENDA ORIGINATINGcommunit~, DevelopmentDEPT': ~ .. CITYAPPROvALMANAGER ITEM: Selection of Consultant for Master Plan BY: Joe Hollma~ ' B NO: '~/~'~ ~ ~ DATE: February/24, 1999 Issue Statement: Staff is requesting City Council authorization to select a consultant to assist the City with planning and engineering services for the preparation of a Master Redevelopment Plan for downtown Columbia Heights. Backeround: As part of the Livable Communities Demonstration Account (LCDA) grant award, the City will receive $30,000 to prepare a Master Plan. An additional $20,000 local match was budgeted for this project. R.F.P.'s were sent out to four consulting fa'ms and proposals were received on February 16, 1999. The four consulting fa'ms are as follows: SRF Consulting Group, Inc.; BRW, Inc.; Damon Farber Associates, Inc.; and, McCombs Frank Roos Associates, Inc. Analysis: The proposals were reviewed and evaluated generally on the following criteria: Firm experience including prior experience in Columbia Heights; Ability of the firm to communicate the project concept through the proposal; Elements of the proposed work plan; Proposed fee schedule; Public participation plan; and, Overall quality of the proposal. The following provides a brief evaluation of each of the proposals. · SRF Consulting Group, Inc. estimated project costs are $43,942. SRF seems to have developed the most thorough work plan. One of the tasks emphasizec~ by SRF which was not necessarily stressed in the R.F.P. is the importance of a market overview. One of the elements listed as part of the market overview is a listing of uses not currently included in the area which have the potential to be succ~sful. It will be important to have this information when developing a physical plan for the project area. Also, because of their work on the Comprehensive Plan and Zoning Ordinance, SRF akeady has much of the information necessary to initiate the process. · BRW, Inc. estimated project costs are $48,800. BRW also developed a very complete work plan, including a conceptual market analysis. One of the unique elements of this proposal was the identification of up to four sub-areas or precincts within the downtown that should be studied in greater detail. A conceptual level site design depicting the desired redevelopment scenario for each of the precincts would be prepared. BRW also has an advantage of being involved in current projects within the City. · Damon Farber Associates estimated project costs are $32,975. This does not include engineering which is listed as a separate task after completion of tile Master Plan. The proposal contained little-no information about a market analysis and public participation. Damon Farber does have excellent experience with similar type projects, most notably a study of Central Avenue from 7th Avenue to 37t~ Avenue. · McCombs Frank Roos Associates estimated project costs are $49,800. The MFRA proposal made little-no mention of engineering work. They also did not include a market analysis as part of the planning process with the exception of the use of maps and photographs of existing land uses and proposed redevelopment to document and analyze the retail market. Out of the four proposals, MFRA seemed to contain the most thorough public participation process. Recommendation: Community Development and Engineering staff have reviewed the proposals and agree on the recommendation. It would appear that any of the four firms would be capable of producing a high quality Plan. However, SRF and BRW seem to stand out as the two firms best suited for the project. Because SKF proposed the most thorough work plan and their estimated project costs are $4,858 lower than BRW's estimated costs, staff recommends that the City Council select SKF Consulting Group, Inc. to assist the City with the preparation of the Master Redevelopment Plan. We further recommend an additional $2,000 in contingency funds to be authorized by the City Council for planning work which may be necessary, but not anticipated in the present scope of work. Recommended Motion: Move to award the Contract for the Master Redevelopment Plan for Downtown Columbia Heights to SKF Consulting Group, Inc., based on their qualified, responsible bid in the amount of $43,942 dated February 16, 1999, plus an additional $2,000 in contingency funds to be appropriated from 20142400-3050; and Furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachmen ts: COUNCIL ACTION: MASTER REDEVELOPMF~NT PLAN FOR DOWNTOWN COLUMB~ HEIGHTS REQUEST FOR PROPOSALS January 22, 1999 City ot' Columbia Heights, Minnesota CITY OF COLUMBIA HEIGHTS Request for Proposals to provide planning and engineering services for the preparation of a,Master Redevelopment Plan for downtown Columbia Heights The City of Columbia Heights is requesting proposals from selected firms to provide planning and engineering services to prepare a Master Redevelopment Plan for downtown Columbia Heights. Please refer to the attached map to see the general project area. It will consist of the property between 37~ Avenue NE and 43rd Avenue NE along both the east and west sides of Central Avenue and will extend west along 40~' Avenue to City Hall which is located on the comer of Mill Street and 40~ Avenue. During the first weekend in May, 1998, the Minnesota Design Team visited Columbia Heights. After soliciting public comment during a town meeting, the Design Team developed several conceptual recommendations for redeveloping this portion of the City. Note that many of the comments raised during the town meeting centered around the need to beautify Central Avenue and enhance the downtown atmosphere. One of the implementation steps recommended by the Design Team suggested that a Master Plan for the downtown area be developed. Attached, please find copies of their recommendations. In response to the Minnesota Design Team recommendations, the City applied for and received grant money from the Metropolitan Council's Livable Communities Demonstration Account. This will provide a source of funding to help stimulate a proposed residential townhouse development project near downtown Columbia Heights. The concept for this project was proposed by the Design Team. This development will consist of roughly 16 owner-occupied townhouse units, 22 low income tax credit rental units, and 50 senior units. This project will increase residential density near downtown and will serve as a transition block between low density single family residential land use and the existing commercial development along Central Avenue. A second component of the application which received funding was a request for money to be used for the preparation of a Master Plan for downtown Columbia Heights. Columbia Heights Master Plan RFP Page 1 Columbia Heights is currently in the process of completing an update of the City Comprehensive Plan. This Process is expea:ted to be finished late this winter or in early spring. The future land use component of the drat~ plan designates the project area for potential redevelopment. The City has also applied for Minnesota Department of Transportation Cooperative Agreement Funding tbr Central Avenue street and potential streetscape improvements. The City win be notified in February if the request receives funding. Project Goals: The purpose of this project is to create a downtown that is attractive and that provides a pedestrian-friendly environment. The overall goal for this Master Redevelopment Plan will be to generate a vision for the area that incorporates, at a minimum, the components listed below. Implements the go~ of the Livable Communities Demonstration Account program (attached). Design themes and specific recommendations for decorative lighting, plantings, benches, and other streetscaping improvements. 3. Site-specific redevelopment recommendations. Linkages to the various amenities in the area, including Huset Park, Labelle Park, transition block, as well as retail and employment opportunities. Implementation strategies including, at a minimum: · Recommended amendments to the Zoning Ordinance, ff any; · Recommended amendments to the Comprehensive Plan, if needed; · Possible funding sources; and, · Phasing/timing of recommended redevelopment. 6. Recommendations for viable and complementary land uses in the project area. Graphic depictions will be important in communicating the vision of the plan to Columbia Heights residents, Commissions, and City Council. Graphics should be drawn to scale and/or engineered when appropriate. It is anticipated that these graphics will illustrate recommended placement of streetscape improvements (lighting, plantings, benches, etc.), street realignment, etc. Process and TimgHne: The planning process is anticipated to begin in March, 1999, and it is expected that the plan will be completed within six months after the planning process has been initiated. When preparing a Columbia Heights Master Plan RFP Page 2 time schedule, please take into consideration public meetings, as well as meetings with the Planning and Zoning Conanission and City Council. At this point, we do not anticipate that the plan will be formally adopted by the City Council, but ir'will be presented for their approval. Instructions to the Applicant: If your firm is interested in providing these planning and engineering services to the City of Columbia Heights, the Cky requests that the information listed below be submitted. 1. The name and location of your firm and location of head offices, if different. 2. Number of years in operation at the Twin Cities location and the head offices, if different. A brief (less than two pages) description of the firm and the type of work it does. The City is especially interested in prior master planning experience. Identify the person who would serve as the primary contact in providing the City with these planning and engineering services. Other individuals that will likely be involved should also be identified. A short (less than two pages) resume of each individual involved should be attached. The resume should clearly identify qualifications to perform the intended duties and should list, at a minimum, the following information: a. Education; b. Similar work experience; c. Areas of expertise; and, d. Verify that your fm'n and it's members have no conflict of interest which would impair your ability to provide the City fair and unbiased planning and engineering services. If unable to provide such verifications, please list any and all circumstances which may represent such conflict of interest. A description of your fwm's approach to this project, including: a. Scope of work - include any processes or components omitted from this RFP which the consultant believes should be included or supplementary information which is necessary; b. A public pmicipation plan; c. A time schedule; d. A fee scheclule; and, e. A description of assistance expected from City staff. A list of references that can be contacted for similar work experience. Please include the name of a contact person, phone number, and address. All things considered, summarize why you believe the City of Columbia Heights should retain your firm to perform this project. Columbia Heights Master Plan RFP Page 3 The length of the proposal should not exceed ten pages, excluding figures, resumes of personnel, list of references, time schedule, fee schedule, and firm experience and qualifications. The City of Columbia Heights reserves the right to reject any proposal that does not comply with the requirements of this RFP. Comoensation: Compensation from the City to the firm selected to provide master planning and engineering services will be stated in terms of a cost plus materials with a "not to exceed" amount. The "not to exceed" fee is intended to include all consukant staff time necessary to perform the required master planning and Consulting services. Data: The City will provide the consultant with existing GIS data or other information available at the City. Existing GIS digital data includes parcel and right-of-way line data for the entire city (digitized), public utility lines (sewer, water, and storm), lakes (digitized), zoning, park boundaries, school locations, and public buildings. Hard copy black & white section maps are also available. The City's Comprehensive Plan is in the process of being updated and is available in a draft format. Evaluation and Selection: Evaluation and selection of a th-m to provide planning and engineering services for the City of Columbia Heights wil/be based on the following evaluation criteria: 1. ,Qualifications of f'n'm and principal planner(s)/engineer(s) who will serve the City: *Sk/ll, ability and experience of assigned personnel; *Applicable experience with Master Redevelopment Plan preparation; *Knowledge of all Minnesota laws and regulations related to land use phtnning, zoning, master planning, and economic development; *Kr. towledge of the Livable Communities Demonstration Account program. Fee Schedule *The proposal should contain a schedule of hourly billing rates tbr each category of professional technical and clerical employee. Specilica/ly, provide an hourly rate for each employee who may be involved in this project. Also, include rates of miscenaneous charges, such as copies, nffleage, etc. The fee schedule should be presented as a "not to exceed" amount. References *The proposal should contain references that may be contacted for work performed on similar projects. Columbia Heights Master Plan RFP Page 4 Other Factors, including; *Demonstrated knowledge of the City of Columbia Heights and its development characteristics; and,. *Availability and location of assigned personnel. o Procedure: *Responses will be reviewed mad evaluated by City staff and a recommendation will be forwarded to the City Council for final action. Interviews with staff may be scheduled. Limitations, Terms and C. onditions: This Request for Proposals does not commit the City of Columbia Heights to award a contract, pay costs incurred in the preparation of a proposal or to procure a contract for services or supplies. The City of Columbia Heights reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirety this Request for Proposals ii' it is in the best interest of the City of Columbia Heights to do so. If, for any reason, the f'n'm selected is not able to commence services under its proposal within 30 days after its award, the City reserves the right to award the contract to the next most qualified tlrrn. The City will retain ownership of all reports prepared under the proposal. Submission Deadline: Proposals must be received by 4:00 PM on February 16, 1999. Nine copies of the proposal should be sent or delivered to: Kenneth R. Anderson, Community Development Director, City of Columbia Heights, 590 40~ Avenue NE, Columbia Heights, MN 55421. Questions regarding this RFP can be directed to Joe Hollman, City Planner, at (612) 782-2856. Columbia Heights Master Plan RFP Page 5 City of Columbia Heights City of Columbia Heights Master Redevelopment Plan Project Area Map LEGEND Map Description This map illustrates the general geographic boundaries to be used as a guide when preparing the Master Redevelopment Plan for downtown Columbia Heights. Area Locator Columbia Heights Planning Columbia Heights GIS Anokz Coun .fy GIS I tach- 733 feet RF - 1:8,800 Map Date: January. 19. 1999 " CITY COUNCIL LETTER Meeting of: March 8, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: q Building Inspection APPROVAL ITEM: AGREEMENT FOR PLAN REVIEW & BY: Mel Collova BY: NO: INSPECTION SERVICES - HILLTOP ,~o ~{~ '" q DATE: March 1, 1999 Issue Statement: At the request of the Columbia Heights City Council and the Hilltop City Council, a contract for municipal building inspection services has been presented to the City of Hilltop. They have requested the City of Columbia Heights Building Inspection Department conduct all the services required by the Minnesota State Building Code and to notify the State Building Code Division that the Building Official of record of the City of Columbia Heights is also the Building Official of record for the City of Hilltop. Background/Analysis: This proposal was originally presented to the City Council in the fall of last year, Sept. 1998, and was received favorably by the Mayor and City Council members of both cities. It was viewed as a positive action for both cities to participate in improving relations while being more uniform in Code requirements and enforcement. Recommended Motion: Move to approve an Agreement for Plan Review and Inspection Services with the City of Hilltop; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Community. Development Director Note: City Attorney will forward Indemnification and Hold Harmless language to be included in this draft. Additional language governing administration and payment of fees is also recommended to be included in the agreement. COUNCIL ACTION: hilltoplt~ AGREEMENT FOR PLAN REVIEW AND INSPECTION SERVICES This Agreement is made this . day of 1999 by and between the City of Columbia Heights (hereinafter referred to as "Contractor"), and the City of Hilltop (hereinafter referred to as "City"). WHEREAS, the City agrees to engage the professional services of Contractor to perform Building Code plan review and inspection services, as set forth herein, for the City subject to the following terms and conditions: I. DEFINITIONS 1. Plan Review Basic Services. One-time review of documents submitted concurrently with an application for building permit. 2. Inspection Basic Services. One-time examination of one item of construction, or of a small group of same items of construction. 3. Required Inspections. These inspections as required by the 1997 Uniform Building Code, Section 108, et. seq. 4. Additional Services. Pre-construction inspections, re-inspections (up to and including three additional inspections) meetings, communications, research, documentation and other tasks are defined as basic services. II. TERM 1. Contractor agrees to provide services for the City commencing as of 1999, and continuing until termination of this Agreement. This Agreement shall rernain in force until such time as either party supplies a written thirty (30) day notice of cancellation. If necessary, Contractor shall assist on matters relating to the projects for up to twelve (12) months following the first attempted final inspection. Compensation during this time shall be at the unit rates for inspection and hourly rates for meetings, as set forth herein, and in addition to the basic services maximums set forth herein. III. CONTRACTOR 1. Contractor agrees to supply all equipment, tools and materials for the performance of the said inspection services. 2. Contractor agrees to be in complete charge and control of all its employees, if any, as well as the methods and means used to perform said services for the City. 3. Contractor agrees to secure and maintain worker's compensation insurance, as required by law. 4. Contractor in the performance of duties related to this Agreement assumes no liability as stated in Section 104.2.6 of the 1997 Uniform Building Code (see attached). 5. The Contractor agrees to provide assistance as needed over and above defined normal inspections duties at a rate of $42.00 per hour. IV. AVAILABILITY 1. Contractor shall generally be available for building inspection and plan review services daily between the hours of 8:00 a.m. and 9:00 a.m. for telephone calls, and between 9:00 a.m. and 4:00 p.m. for plan review and inspection services, excluding holidays, or as assigned and agreed to by the City and Contractor. 2. Contractor may perform plan review services for the City in either the City or Contractors office. 3. It is recognized that Contractor may not be available from time to time due to conflicts caused by other obligations. When possible, Contractor will provide advance notice of any conflicts. V. PAYMENT CRITERIA AND SCHEDULE 1. All permit, and permit derived fees shall be based upon Table 1-A of the 1997 Uniform Building Code (see attached), et. seq. 2. Contractor's building code plan review basic services reimbursement amount shall be 80% of the plan review fees collectable by the City per the Minnesota State Building Code. City's collectable plan review fees are 65% of the project's building permit fees based upon State guidelines for valuation and building permit fees. City shall award Contractor with all plan reviews. Said amount shall be payable on a monthly basis, within 30 days of issuance of the permit. 3. Contractor's building code inspection and additional basic services fee shall be calculated at a rate of 80% of the construction permit fees collectable by the City per the t997 Uniform Build:hag Code, et, seq. Said fee shall be payable thirty days after Contractor's submittal of a Certificate of Occupancy, expiration of the permit, or other documentation supporting conclusion of the project. 4. Except in unusual circumstances, Contractor will attempt to perform up to three re- inspections free of charge. 5. A completed~ signed permit application approved by the Contractor will serve as an invoice to the City. VI. MISCELLANEOUS 1. Contractor shall provide City with copies of all approved plans and building inspection reports. The City shall assist Contractor, as needed, in obtaining all plans and other information required, and otherwise assist in enforcement of the Building Code. 2. City agrees to provide office space, office supplies and equipment, clerical support, and materials to maintain records for the City, contractors, and property owners. 3. City agrees to maintain confidentiality regarding Contractor's trade secrets and means, methods and procedures of work, unless prohibited by any Federal, State or Local Regulation regarding access to and maintenance of public information and files. 4 4. Contractor shall not be responsible for any failure in performance of its obligations herein when caused by an event beyond the reasonable control of the Contractor. 5. A copy of this executed Agreement shall be as valid as the original. VII. INDEMNIFICATION 1. City agrees to indemnify and hold Contractor harmless against any and all claims, suits, orders, or judgements brought or issued against Contractor as a result of any action taken or not taken by the Contractor under provisions of this Agreement. (Over for signature page) 5 STATE OF M/NNESOTA ) ) ss COUNTY OF ANOKA )l The foregoing instrument was acknowledged before us this day of 1999 by Gerald Murphy, Mayor, and Ruth Nelson, City Clerk, of the City ~)fHilltop, a municipal corporation, under the laws of the State of Mirmesota, on behalf of the municipal corporation. Gerald Murphy (Mayor) Approved as to form by: Ruth Nelson (City Clerk) Carl J. Newquist Hilltop City Attorney STATE OF MINNESOTA) ) ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before'us this day of 1999 by Gary L. Peterson, Mayor, and Walter R. Fehst, City Manager, City of Columbia Heights, a municipal corporation, under the laws of the State of Minnesota, on behalf of the municipal corporation. Gary L. Peterson (Mayor) Approved as to form by: Walter R. Fehst ( City Manager) James Hoe£t Columbia Heights City Attorney This document drafted and revised by the City of Columbia Heights - 3/4/99. 6 104.2.5 ~0~,2 1997 UNIFORM BUILDING COD;= 104.2.5 Occupancy violations. Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the building official may order such use discontinued and the stn~cture, or portion thereof, vacated by notice served on any person causing such use to be con- tinued. Such person shall discontinue the use within the time pre- scribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. 104.2.6 Liability. The building official charged with the en- forcement of this code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance shall not thereby be randered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission ia the discharge of such du- ties. A suit brought against the building official or employee be- cause of such act or omission performed by the building official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the en- forcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termina- tion of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction. This code shall not be construed to relieve from or lessen the re- sponsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by rea- son of the inspections authorized by this code or any permits or certificates issued under this code. 104.2.7 Modifications. When there are practical difficulties in- volved in carrying out the provisions of ~tfis code, the building of- ficial may grant modifications for individual cases. The building official shall first find that a special individual reason makes the strict letter of this code impractical and that the modification is in conformance with the intent and purpose of this code and that such modification does not lessen any fire-protection requirements or any degree of structural integrity. The details of any action grant- ing modifications shall be recorded and entered in the files of the code enforcement agency. 104.2.8 Alternate materials, alternate design and methods of construction. The provisions of this code are not intended to pre- vent the use of any material, alternate design or method of construction not specifically prescribed by this code, provided any alternate has been approved and its use authorized by the building official. The building official may approve any such alternate, provided the building official finds that the proposed design is satisfactory. and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of aa alternate shall be recorded and entered in the files of the code en- forcement agency. 104.2.9 Tests. Whenever there is insufficient evidence of com- pliance with any of the provisions of this code or evidence that any material or ¢oustructton docs not conform to thc requirements of this code, the building official may require tests as proof of com- pliance to be made at no expense to this jurisdiction. Test methods shah be as specified by this code or by other rec- ognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the building official shall de- termlne test procedures. All tests shall be made by an approved agency. Reports of su6h tests shall be retained by the building official for the period re- quired for the retention of public records. 104-2.10 Cooperation of other officials and officers. The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is re- quired in the discharge of the duties required by this code or other pertinent law or ordinance. SECTION 105 -- BOARD OF APPEALS 105.1 General. In order to hear and decide appeals of orders, de- cisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the juris- diction. The building official shall be aa ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appel- lant with a duplicate copy to the building official. 105.2 Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative '-' provisions of this code nor shall the board be empowered to waive ~ requirements of this code. ~ SECTION 106 m PERMITS 106.1 Permits Required. Except as specified in Section 106.2, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, re- moved, converted or demolished unless a separate permit for each building or structure has first been obtained from the building offi- cial. 106.2 Work Exempt from Permit. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, ,P2r~ovided the floor area does not exceed 120 square feet (11.15 m ). 2 Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) high. 5. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, un- less supporting a surcharge or impounding Class I, II or III-A liq- uids. 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2:1. 7. Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below. 8. Painting, papering and similar finish work. 1997 UNIFORM BUILDING CODE 107.6 1~8.8 permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is al, one. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. SECTION 108 -- INSPECTIONS 108.1 General. All construction or work for which a permit is required shall be subject to inspection by the building official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of construction shall have continuous in- spection, as specified in Section 1701.5. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give au- thority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. ~ It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans. 108.2 Inspection Record Card. Work requiring a permit shall not be commenced until the permit holder or an agent of the permit holder shall have posted or otherwise made available an inspec- tion record card such as to allow the building official to conve- niently make the required entries thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the building official. 1083 Inspection Requests. It shall be the duty of the person do- ing the work authorized by a permit to notify the building official that such work is ready for inspection. The building official may require that every request for inspection be filed at least one work- ing day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. It shall be the duty of the person requesting any inspections re- quired by this code to provide access to and means for inspection of such work. 108.4 Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtain- ing the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate that. portion of the construction is satisfactory as completed, or shall notify the permit holder or an agent of the per- mit holder wherein the same fails to comply with this code. Any [mrtions that do not corn[dy shall be corrected and such portion shall not be covered or concealed until authorized by the building official. There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use. 108.5 Required Inspections. 108.5.1 General. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or con- cealed without fa-st obtaining the approval of the building official. Protection of joints and penetrations in fire-resistive assemblies I shall not be concealed from view until inspected and approved. I The building official, upon notification, shall make the inspec- tions set forth in the following sections. 108.5.2 Foundation inspection. To be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Ail materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with approved nationally recognized standards, the concrete need 1 not be on the job. Where the foundation is to be constructed of ap- proved treated wood, additional inspections may be required by the building official. 108.5.3 Concrete slab or under-floor inspection. To be made after all in-slab or under-floor building service equipment, con- duit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 108.5.4 Frame inspection. To be made after the roof, all fram- ing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes and ducts are approved. 108.5.5 Lath or gypsum board inspection. To be made after all lathing and gypsum board, interior and exterior, is in place, but be- fore any plastering is applied or before gypsum board joints and fasteners are taped and finished. 108.5.6 Final inspection. To be made after finish grading and the building is completed and ready for occupancy. 108.6 Special Inspections. For special inspections, see Chapter 17. 108.7 Other Inspections. In addition to the called inspections specified above, the building official may make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency. 108.8 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re- inspection. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for fail- ure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a reincpection, the applicant shall file an application therefor in writing on a form furnished for that purpose and pay the 1-5 108.8 - 109.6 TABLE 1-A reinspection fee in accordance with Table 1-A or as set forth in the fee schedule adopted by the jurisdiction. In instances where reinspecfion fees have been assessed, no additional inspection of the work will l~e performed until the re- quired fees have been paid. SECTION 109 -- CERTIFICATE OI-' OCCUPANCY 109.1 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classi- fication of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Division 3 and Group U Occupancies. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give au- thority to violate or cancel the provisions of this code or other ordi- nances of the jurisdiction shall not be valid. 109.2 Change in Use. Changes in the character or use of a build- lng shall not be made except as specified in Section 3405 of this code. 109.3 Certificate Issued. After the btfilding official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy that shall contain the following: 1997 UNIFORM BUILDING CODE 1. The building permit number. 2. The address of the building. 3. The name and address of the owner. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building has been inspected for compliance with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 109.4 Temporary Certificate. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary cer- tificate of occupancy may be issued for the use of a portion or por- tions of a building or structure prior to the completion of the entire building or structure. 109.5 Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed ex- cept by the building official. 109.6 Revocation. The building official may, in writing, sus- pend or revoke a certificate of occupancy issued under the provi- sions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is deter- mined that the building or structure or portion thereof is in viola- tion of any ordinance or regulation or any of the provisions of this code. ' TABLE 1-A---BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,0t30.00, or fraction thereof, to and including $25,000.00 $25,1301.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10. I 0 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the fast $50,000.00 plus $7.00 for each additional $1,1300.00, or fraction thereof, to and including $100,0130.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,0(10.130, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3.233.75 for the fast $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the fi_mt $1,000,000.00 plus $3.65 for each additional $1,000.00. or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge--two hours) ....................................................................... $47.00 per hour]  . Reinspection fees assessed under provisions of Section 305.8 ......................................................... . Inspections for which no fee is specifically indicated .............................................................. ~.. $47.00 per hour1 (minimum charge---one-half hour) ' $47.00 per hour1 4. Additional plan review required by changes, additions or revisions to plans ............................................... $47.00 per hour1 (minimum charge---one-half hour) 5. For use of outside consultants for plan checking and inspections, or both .................................................... Actual costs2 lOr the total hourly cost to thc jurisdiction, whichever is the greatest. This cost shall include supervision overhead equipment, hourly wages and fringe benefits of the employees involved. ' Z~,etua[ costs ineluc~e a~mini~trative x~d overhead costs. 1-15 CITY COUNCIL LETTER Meeting of: March 8, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: AUTHORIZATION TO SEEK RFP'S FOR BY: J. Student BY: MUNICIPAL SPACE NEEDS STUD ¥.6/~ ~ DATE: ' ~' g DATE: March 2, 1999 At the March 1, 1999 Council Work Session, the need for a space needs study was addressed. The City Manager stated there has been $20,000 designated in the budget for this study. MOTION: Move to authorize staffto seek RFP's for a space needs study for all City municipal buildings. COUNCIL ACTION: CITY COUNCIL LETTER Meeting off March 8, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~ Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt BY: License Revocation, Rental Properties NO: ,~ o ~ ~ ~ DATE: March 1, 1999 DATE: Revocation or suspension ofa licence to operate a rental property within the City of Columbia Heights is requested against the following owner regarding his/her rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Steven Efterfield .............................. 3807 Tyler Street NE 2. Katherine Crosby .............................. 1162-1164 Cheery Lane NE RECOMMENDED MOTION: Move to Establish a Hearing Date of March 22, 1999 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Steven Efterfield at 3807 Tyler Street. RECOMMENDED MOTION: Move to Establish a Hearing Date of March 22, 1999 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Katherine Crosby at 1162-1164 Cheery Lane. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 8, 1999 AGENDA. ~ECTION: Consent NO. ~, ITEM: Transfer of Funds from General Fund NO. To Police Dept. Overtime Fund ORIGINATING DEPARTMENT BY: Thomas M. Johnson DATE: March 1, 1999 CITY MANAGER APPROVAL: BY: DATE: BACKGROUND During the last week of January 1999 we had an armed robber at the Norwest Bank at 41st and Central. After the robbery we were approached by the bank branch manager and the head of Norwest Security, who were asking for assistance in the form of an off'duty officer to work security at the bank. Since this type of off duty employment is handled through the department, officers have signed up and worked this detail since February 1. On February 25, 1999, we received a check from Norwest Bank in the amount of $5,016. According to the Finance Director, because this money is considered revenue, it had to be placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $5,016 received from Norwest Bank to cover the cost of off duty officers working security at the bank be returned to the 1999 Police Department budget line #1020. RECOMMENDED MOTION Move to transfer $5,016, the total amount received from Norwest Bank for off duty security work, from the General Fund to the Police Department's 1999 budget under line #1020, police overtime. TMJ:mld 99-090 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 8, 1999 AGEN-I~.A~ SECTION: Consent NO. ~ ITEM: Transfer of Funds From General NO. Fund to Police Dept., PDI Bill ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: CITY MANAGER APPROVAL: BY: DATE: BACKGROUND On January 23, 1999, the Police Department administered a police officer entrance exam to establish an eligibility list for police officer. At this time we charged each candidate a fee of $15 to cover part of the cost of purchasing the test. The fees collected were $1,005. Because this was City revenue, it had to be placed in the General Fund, according to the City Finance Director. We have now received a bill from Personnel Decisions Inc., the company from which we obtained our written test. The amount of the bill is $1,150. ANALYSIS/CONCLUSION In order to apply toward this bill the $1,005 collected from the candidates, I am requesting that the City Council direct this money to be transferred from the General Fund to the Police Department budget under line #3050. The difference between the $1,005 and $1,150-which is $145-will be covered in the current Police Department budget line #3050. RECOMMENDED MOTION Move to transfer $1,005, the total amount of fees collected from police officer applicants, from the General Fund to the Police Department's 1999 budget under line #3050 to assist in covering the cost of the written test for entry level police officer. TMJ:mld 99-089 COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: MARCH 8, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~ COMMUNITY DEVELOPMENT APPROVAL ITEM: REQUEST TO VACATE A PORTION OF BY: JOSEPH HOLLMA BY: WATER, SEWER & UTILITY EASEMENTS -'/"Z~I~ ,¢~,~,, /~' DATE: MARCH 3, 1999 ' NO: The City of Columbia Heights has been asked to vacate a portion of the easements listed in the Central Avenue Subdivision and Spain's Addition, on the property at 3701 Central Avenue NE. The easements were recorded in Document No. 370691 as Easement No. 1 and Easement No.2, and in Ordinance 1373 adopted May, 1998, when the City vacated a portion of the alley reserving utility rights. New easements, as needed, will be shown as part of the new Bobby & Steve's Autoworld Plat. RECOMMENDED MOTION: Move to waive the first reading of Ordinance No. 1386, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish March 22, 1999 at approximately 7:00 p.m. as the second reading of Ordinance No. 1386, an Ordinance Amending Ordinance No. 853 City Code of 1977, vacating a portion of water pipes, main or hydrants, utility, sewer and storm drain easements as recorded in Document No. 370691 and Ordinance 1373. COUNCIL ACTION: legal\jane.g\vacsease.ltr ORDINANCE NO, 1386 BEING AN ORDINANCE AMENDING ORDINANCE NO.853 CITY CODE OF 1977, VACATING CERTAIN WATER PIPES, MAIN OR HYDRANTS, UTILITY, SEWER AND STORM DRAIN EASEMENTS The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the water main easement as described in Easement No. 1 and the sanitary sewer and storm drain easement as descn'bed in Easement No. 2 as granted in the document recorded in the Office of the Anoka County Recorder as the Document No. 370691 descn'bed to wit: ~t No. 1. An easement for the purpose ofcoaslructing and maintaining a water main and it's appurtenances over and under a strip of land Ten (10) Feet wide. The Southerly 1/ne ofwh/ch is described as follows: Beginning at a point on the Westerly line of Lot 8, Central Ave. Sub., distant Fifty-Seven (57) Feet Southerly of the Northerly line of said Lot 8; Thence Easterly and parallel with the said Northerly line to a point on a line parallel with, and Twenty (20) Feet Southerly of the Northerly line of Lot 12, Spain's Addition, Section 2: Easement No. 2. An easement for the purpose of constructing and maintaining a sanitary sewer, a storm drain, and their appurtenances over and under a strip of land Ten (10) Feet wide, the Easterly line of which is described as follows: Beginning st the most Southerly comer of Ouflot C Cen~al Ave. Sub.: Thence Northeasterly along the Westerly right-of-way line of Reservoir Boulevard to a point Twenty (20) Feet Southwesterly of the Northeasterly comer of LOt 12, Spain's Addition, The City of Columbia Heights herewith vacates all easement rights reserved to it in Ordinance No. 1373, which was recorded with the Anoka County Recorder on September 29, 1998 as Doc. No. 1374362, to wit: Section 3: ...electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. This Ordinancl; shall be in full force alld effect fi'om and after thirty (30) days after its passage. First Reading: Second Reading." Date of Passage: Offered By: Seconded By: Roll Call: Jo-Anne Student, Council Secre~u-y Gary L. Peterson, Mayor CITY ~OUNCIL March ~ '" ~ ~' / ~ 8, l gg9 1999 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS Airco Heating and Air All System Roofing, Inc. "Care Air Conditioning *Commercial Plumbing & Heating *Dave Dempsey Plumbing *Hutton and Rowe, Inc. *Richie's Plumbing, Inc. *Ray N. Welter Heating Co. *Greg Wills Exteriors ADDRESS 4020 Central Ave. N.E. 2340 Charles Ave. 1211 Old Hwy. 8 3151 - 101't Ave. N.E. 15985 Barth Dr. 2126- 2"~ Ave. 7676 Jasmine Ave. S. 4637 Chicago Ave. S. 4246 Royce St. N.E. FEES 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 POLICE DEPT. SINGLE EVENT CLUB ON SALE BEER Immaculate Conception Church Mary Patricia Zwack 4030 Jackson St. N.E. April 17, 1999 REQUEST FEES BE WAIVED PUBLIC WORKS DEPT. TREE SERVICES CONTRACTORS *One, Two Tree, Inc. 18547 Lakeview Pt. Dr., Wyoming 50.00 ' ,~ 4053 Quincy St. N.E. Columbia Hei§hts, Minnesota 55421 (612) 788-906S FOR~WHOI~ NI~W WO~,~ FebrualT 11, 1999 City Council City of Columbia Heights Dear Council Members,, The Home & School Association of Immaculate Conception School is presenting its third annual fund raising dinner/entertainment event on April 17, 1999. Last year several hundred dollars was raised to support Home & School Association projects. This fund will be used to improve school programs. Our dinner event is fairly small and not expected to generate much profit. We are asking that you please waive the city application fee for this event. Thank you for your support, time and consideration. Sincerely, Mary Pat Zwack Dinner Event Coordinator Immaculate Conception School We believe that the purpose of Immaculate Conception Catholic School is to spread the gospel message, worship together as a community, give service to others and work together for justice and global awareness. We strive to educate the whole child spiritually, academically, emotionally, physically and aesthetically. We integrate faith into all aspects of the curriculum and provide a nurturing environment for growth. FINANCIAL E;YE;TEM ).~/04/99 16:29:~6 :'UIqD RECAF:': :'UND DESCR I F'T I ON L 01 ~01 ?.02. :':04 ?.05 :':12 :'..1. 3 .:'. 25 ~'.'35 ?40 ?.50 '!-.1. 2 ~.1.5 '~02 :~03 i~09 ".')52 ;'1.0 ~80 381 ?,84 :~ 85 .~87 GENE:RAL. COMMUNITY DEVEL. OF'MENT F-UND ANOKA COLJNTY CDBG F'AF.'KVIEW VIL. L.A NOF'(TI'4 E[]ONOMIC DEVE:LOF:'MENT AUTH E~ECT T ON 8 STA'I"IE A I D MA I N'T'E~NANC:E. F'ARKVIEW VII_.LA g[]UTI'{ C:ABI...Ei~ TEI...EV I S.I ON F;iEIq TAI.. I-'tOU.~31NG L. IBRARY COl._ 14(~I"IT.<~ AFTEF.' SCHOOl._ ENRI TAX INCRE:MENT BONDS CAF'II'Al.. ZMF'ROVEMENT PAI;:KS CAF:'.T. TAL I MF:'F;:OVEME:NT - F:' I F:." W A'TT.-] F~ UT:[I._ITY SE:WE:F;,' UTIL. ITY RI.:-: F" U S E F:UND L. I L.] t..ICJ F;,' SIi"'WEF;.: C, ONSTF;:UCTION F'uIqD C E]',I'I" F:,' A L. G~R~GE: FNERGY MANAGFMENT I)ATA F'F,'OCF. i;,q;S I NG F'EF::MIT SURCHAI~GL:." C;ON'T'F;," ZBLJTE:D PF;,"OJEECTS""RE:C I N.SURANCE EESCROW F'LEX IqENEF"ZT TRUST F'UND I'OTAL. AL.L FUNDS · .'{AI'-I K RI.:.:CAI-"': .:~AFII< NAME.-] · .'{AN I< CHECKING ACCOLJNT FOTAI._ ALL. BANKS C he c k I.t i s to ry D I SBLJRSEMENTS 74,54.1..01 1,212.43 269.53 7,783 .. 21. 1 , 129.36 5.1. ,321 ..03 1,148.78 5,060 ,. :L 5 .1.63.. 72 55 .. 50 5,21. 8.02 83;8 ,, 9':? :1.1., 42.::2.64 .1..1. :, 500 .. 00 1,31.4.24 77,178 ,, 84 2,555.54 73 :l ,, 24 2'15,387.49' 2,074.63 9,5.1.8.27 1. 5,583 ,, ;:;.1. 2,002.9'2 ;':;38 ,, 95 1.64.77 46,957.67 186~642.35 588., 60 732,705.17 D I SBLJRSEMENTS 732,705.1.9 7.32,705 .. :l 9 £.~RC FINANCIAl... SYSTLEM D3/04/99 16: 2 Check History 3/~.~/99 COIJNCI L CITY 01= COI.~UMB.'[A HE:[EiH'f'S GL 540R--VO 5.2"0 F'AGEE. 2. ('.'~ A I'-I K VENDOR CHECK NUMBER AM[)LJN'Y' BANK CHliEC;KING ACCOLJN'F OL..SON/LEONAr-(I) OL. YNYK/F'AT OE;I"IA hl/C';L.A F'IEF'S I-COLA-7 UP F'IiE'/TY CASH - GARY BRAATE PETTY CASH -- JtJl_IE DE'HMIE F'E'I"TY CASH -' KAREN MOEL. L. I='H]]I..I..][PS WINE & ,~I::'IRT,~ F'F;: I OR W I hiE] REAVES/KARON ROMAhl/DCIL..LY S H A I"]El't / 'I'I.::'S S S ][ VE F(~?:.:/Jl..J L. I ,SURDRO0 K/ELEIEN SZURF.~] t(/JOHN I"AF::GL~ll" .STORIES-ACCTS RIFC T O F:'EE L./C A F;:OI... TIRZAIRCO ARTS & CRAFT,~ 'l"LJ F:,'NEF:/C H R I S"f' I NE U S GAMES U S WE'.ST COMHLJN]:CATIONS WILt. IAM/F'AI" & ]'lED AF:'SCME DOONE/KAI~Ii'~N I)IiEI'i'F I C:ARE: FIF;,'ST COMMUNITY CREDIT I.J C'~F:,'E:AT W~.~:~c;"lr' L.. 'I: F:' E: & ANNLJ]:T :[CMA F::ii"'TIREMENT TRUST 45 L.Alql)E; [.'ENI') i_MC; I T -- DL-:N'I~AI.. M]:NI',IESOTA r'IUTLJAL. I...IF:'I:E MINNESOTA NC, I:'IER~ MN CHIL.D SUF:'POF:'F PAYMENT MN SOCIETY 01-- ARBORZCULT MI'.t STATE F(ETIREHENT SYST NORWI.~:,~3T BANK - PAYROLL PIERA F'ERA -- DEFINED CONTRIBUT F'E:RA F:'OL. IC;E RELIEF C:ONE;O F'I;:UDENTI~I.. LIF-"E INSUIE'ANC I~AMC, BDEL.L SCHOL. ARSHIF' FUN ,~HAI'"(F'/IkANDY S'TAI',IDAF~I') INSURANCEE STATE CAF'ITOI.. CREDIT UI',I I Obi 49 UN ]: Tli"D WAY WYANDOTI'E: COUNTY COURT H 77421 9.00 77422 1 , 500.00 77423 10.00 77424 197.55 77425 101.21 774116 77427 76.88 77428 5 :, 416 ,, 8 ]. 77429 3,133.09 77430 12 ,, 00 77431 3.00 77432 6.00 77433 12.00 77434 18.00 77435 10.00 77436 305.90 77437 12.00 77438 208 ,, 77439' 9.00 77440 33 ,, 54 77441 3,474.59 77442 16.00 77444 868.38 77445 12.00 77446 315.64 77447 I, 570.00 77448 4,259. O0 77449 10,503 ,, 62 77450 557.52 77451 1,961 . 46 774 52 2,200.00 77453 150 ,, O0 77454 68.50 77455 450 ,, O0 77456 1,5~i]..00 77457 134,213.78 77458 25,112.93 77459 90.00 77460 1,044.52 77461 488 ,, 50 77462 43.25 77463 140.00 77464 886. 77465 725 ,. 00 77466 609.00 77467 46 ,. 00 77468 150 . 00 BRC I--II'IANCTAL SYSTEM 03/04/99 16: 2 Check History 3/8/99 COUI4[:,ZI:I... L.:I:S'T']:I'dG CT. TY OF' COLUMBIA HliF..T. GI-4'f'S E~L540R-V05.20 F'AGE: 4 BAN K VENDOR CFIE:C K NUMBER AMOUNT BAN I< C;I-Ilii:C.~ K :[ NC-; AC::COLJN'i" MARTH/MARY E M :[ I...I._ EI~/M I (,-,HELLE M :1: I... L..l:i: F;,'/N 0 F;: E NI:E IdODEL_I._/F'AtJL I,I :1: Z bi :t: K / K A'f'H 3: A N N E: NOVAI</TI-11FODOF(E & NANCY V F'IETE:R,?5 F:'L.ACE: ]:NVE'3TME:NTS F'S HOI_D I I:;.:A M N A R :1: NE:/GANGA R Z F:'A Z/MAHMC)UND SA THF;.'E:/AL. I C I A M SA"f'HF~E:/LLC~YD I"1 .c.'; H [] K t:i: :[ I:~ / FI 0 H A M Iii: S KAL I C KY/JAMES S'T'A U CH/L.['i]...A N D S T A LJCH/1_0 Fd:~ l E S W A N,t:; 0 N / ~":',' F~ A):) L E: Y Cf ZAF i_~I',.S I-, ]./(,I"IE,.~ I:'_1". THOMF:'SON/JEROME: 'f'OWIqHC]USE-AF'T MANAGIEMIEN'¥ TFL' i S I{O/F F;~AN I< UTKE: F'I'-(OF'EF4 T Y VAI..."f' :[ E:F;,'RE:Z/MAF;~ 16.) VAN :OLAR TCON/STANLE:Y W F:' BAtJE:R CONS-f'RUCTION WAI<Iii:MAN/LAFd;;Y GIENE YAtqEi/JC)SEPH Y CI I.J Iq (:';., F:."li~ N / D ~ ~ N Z ]; 6.': !< IE t:;~ I~IA N N / I... 0 F;,' I Z :[ C I(I':'.R MAN N/b, IAL. TEF;~ I..lii:AEiUE: OF:' M:I:NNEC,;O-I'A CITI Ail:( TOUCI-I C, ELLUI_AF:,' AI'-IOKA COUNTY MOTOF;,' VEH_TC ANOKA COUNTY F'IROF'FF(TY RI:_" A'T' & T BL:'I..I_BOY BAR SUF'F'LY BIEL. L.I-)CJY CORF'ORAT ]:ON )3]:[3 BOB'S REF'AZR SHOF' BI...AHN:[ K/VANCE BRADL. EY REAl_ ESTATLZS IN(] I-:{F~:OCI( I,.,IF.I:K'I'Ei: C::O. CZI"Y W.I:DE W:[NDOW SE--RVZCE CC)I...UMB I A HE I GI-4'1',c.; ]: );) I:-" :BIRUYNE/CATHY GIEI,IU I Nl:i: F:'AF;,'TE;/NAF:'A ALJTO G l GUI.E"IRIE/BEF(N :[ CE I~OVEF.'NMf.[N'T F ]:NANCE: OF'F']:C 77516 404. O0 77517 433. O0 77518 359.00 77519 3,380.00 77520 25.00 77521 529 .. 00 77522 4,824. O0 77523 292.00 77524 644.00 77525 500. O0 77526 439.00 77527 1 , 554.00 77528 453. O0 77529 408 ,, 00 77530 2,507.00 7753.1. 19.00 77532 768.00 77533 475.00 77534 851.00 · / o..~o .1. ,504.00 77536 4:1. 8.00 77537 720 .. 00 77538 1. 46.00 77539 ::L , 06.1... 00 77540 103.00 7754 .1. 1-7:67 .. 00 77542 548. O0 7754:~ 289 .. 00 77 544 5 ,. 00 77545 500.00 77547 40.00 77548 6<2., 67 77549 33. O0 77550 13,759.97 7755.1. 74.86 77552 936.73 77555 21,867.44 77554 948.14 77555 22'.7.00 77556 5, :542., 46 77557 75.00 77558 24.50 77559 4,632.72 77560 10.00 7756.1. 536.84 77562 35 ,, 00 77563 310. O0 81:,'C F'INANCIAI.. SYSTEM ~)3/04/99 16: 2 Check History 3/8/99 COUNC II... I...I ST ING CITY OF:' COL_UMBIA C';I... 540R-VO 5.20 PAGE 6 OAN K VENDOF:,' CHECK NUMBEF;.' AMOL.1NT BAN I( CI'41Z[:; K 1 I',1[.'-.I ACCOLJI',I'T' BOYER TRUCK F:'AI:i:T',-:; BRASS TACKS NETW[]RI{ IN[] CANADA GOOSE F:'ROJECT CAF~I...SON EQUIF'MIENT CIENTRAL. 8AI...T CIENTR,~I.. STORIES CEF(-f' I F I ED L..~BORATOR I E8 CHtEMSEAR[]'~ CHISAGO L. AKES CI...EVEI..~ND CO'I"'I"OIq F:'F~ODUCT COCA-"COI...A BO'i"TI... COI..UMDIA HEIGHTS CHAMBER []OMI::' LiSA INC CONI"41EI...I...Y ]I]NDUSTF¢ I Al_ EI..IE[g C[]t'.ITACT EAST CS][ ERGONOMZCS D J~S MUN]]CII::'AL. SUF:'PL. ]: ES D~t...CO ENT'ERF:'R DANI(A OFI::'F:'ICE IMAGING CO DAV]I]ES W~TEF( IE[~UIF:' CO. DEI...I... COMF:'U"FER liNC DEMCO MEDIA DIE'T'EF(MAN WEI._I)ING ~ TANK DLT SOLUT I EAGL. E WI:NE COMF:'ANY EAST SI:DE BEVERAGE CO EDWARDB/AI...E:XANDIER C EMIERGENCY MEDICAl.. SERVIC E:MLI:,.:G]'h[G TECHNOLOGIES CO F :[ DEL :I: 'T'Y F'RODL;CTS CO FL.EX COMPENSATION, INC G & K SERVICES GI...OBAL. COMPLJTER SUPF:'L. IES [~OF'HER STATE ONE-CALL. IN GRAFIX SHOPPE GRI(3GS-COOF'ER & CO GLJARANTEED CARPET H ~ L MES~BI HAYDEN MLJRPHY EQUIPMENT HEALTI'~ SERVICES OF:' N AME HE I E;H'FS EL. ECTRI C INC. H]:LL.I'OF' TRAII...EI~ SALES IN HO H E N ST E I N 8 3: N C HOME DEPOT ]:BM CORPORA't' I ON :I:NDEPENDIENT SCHOOl.. DIST IN'T'L.. PERSONNEL. MGNT ASS 77612 289.73 77613 950 .. 00 77614 605 .. O0 77615 142.34 77616 2,735.28 776.'1.7 22 .. :LB 77618 ].5'1.. 80 776.1.9 485 .. 73 77620 720 ,, 15 776~:1 35.65 77622 539.85 776~3 ~'.75 ,, 00 77624 2~1 . 32 77625 2]~4,,65 77626 253.14 77627 23,54 77628 128.31 77629 599,,2:3 77630 511.16 7763 ]. 7 '7763~: ~, ]. 87 ,, 28 77633 77634 144.78 77635 1 , 090 ,, 00 77636 945.30 77637 14,055.55 77638 9.57 776~9 46.9'5 77640 2,358.98 7764 ]. 16 ,, 38 77642 370. O0 77643 217.78 77644 249.37 77645 71.75 77646 36.68 77647 10,381 ,, 66 77648 297.00 77649 1,380 ,, 73 77650 ~3'7.97 77651 58., 00 77652 466.74 77653 11 ,, 18 77654 428.85 77655 591 ,, 05 77656 195.00 77657 97 ,, 38 77658 ].00.00 .~RC I=INAt,ICIAL SYSTEM )3/04/99 16: 2 Chec:k Flistory 3/8/99 C;OLJI',IC I I... I... I ST I1-1(3 (::ITY 01'-" COL_I. JMB:[A HIEIGHTS GI...540R-V05.20 [:'AGE: 8 :~AI, I K VENDOR C;HECK NUMBER AMOUNT i~AI,IK CHIEC K :I:I,IG ACCOL]I,tT F'HIL_L..IPE; WINE & SPIRT,C.; F'HY,'.310 CONTROL. I:'1:~: I CIR W I QUIC, KSILVE'R EXF'RI.-ZSS CO(JR R & B SLJF'F'L.Y COMF'ANY RIEI.=.':D I=di':FI.=.IRI!':NCE= PUBL_ I SH.'[N i:~:IEG RI._I< - KUUSISTO LTD I",U ~. L. T ]: F;,'E RULE: i"T :[ I'IA N N / I'~: 0 ):') E:I;,' T ,c.';AFrE:(3UAF;~i) BI..J,C.; I hlE,C.~S '3Y,STE: S(]H :[ NDI-IF-'R EI..EVATOF;: ()(.giRl:' SIEARS C:OMMERCIA!.. CREI)]:T SIEAF;,'S C,C)NTIRAC;T ,~AI..li'"S ,c.~IEAF;:S :1: I',II)LJE:;TR I AL.. SAL. EES SI'='.]R V O(2~L. ,c.':;]:£:.il-,i I..AN(3UAGE: & GC)L.I)E~:N A SOF:"i"WAF~I.=: T~ ]: I...OF;,',t~ c,3(:)UEi:E:GEi:E F'RC) WINDOW CL. EA ,fi;T F:'AIJI..--WC/THlii: STAF,' TRIBt]NE: ,SI"I?"]:NBFF((3 ASSOC:[ATE:S/M J S'T'F;,'E: :r CHE]:L' GUN ' E; I NC/I)Ohl SYSTIEMS StJPF'L.Y :(NC. 'f¥:~LI'I"GE;S, RE:DF:'ATH, & CO. , "1- :1: I',II. JCC Z ' S CATE. IR :1:. 1,1(3 'f' KDA 'TOWIq E~. C;OUNTIRY CJF:F'ICIE Cl... TF;,'ANZPORT HOOD/THE: TlR 'TWIN C;[TY AF;,'E:A tJIqZI=ORMS UNL..IMITEI) TN(:; US F':fl..TER/WATER PRO V:I:Ii:'DO BY CYCt. ZNG W & W GE:",NERATOF:~ REBUIL. DE: WIPER,S & WZI:'ES INC WW GRAINGER W YBI;," I TI.--. IN(; 77706 12,521 . 04 77707 188.79 77708 1 , 397.32 77709 ~.4 ,, 55 77710 232.07 7771.1. 2:85 ,, O0 77712 75.00 777.1.3 634..63 777.1.4 144.00 777 .1. 5 70 ,, 00 77716 123.07 777.1. 7 .1. 62 ,, 09 77718 66.10 77719 660 ,. 6.'1. 77720 36.44 7772.1. :105.83 77722 155.76 77723 295.00 777;::4 87. '-'.".' 8 77725 7, .q. 62~ .. :L7 7772'6 453.2':5 77727 I, 622: .. 50 77728 307.79 77729 405 .. 54 777~:10 5.,265.00 77731 930 .. 52. 77732 197.74 77733 2..., 990 .. i?.0 77734 39. :L 8 77735 11;?: .. 00 77756 200.00 77737 755 ,,74 77738 1,250.98 77739 253.40 77740 1,034.91 77741 95.85 77742 44.64 77743 444.1.1. 732,705.19 CITY COUNCIL LETTER Meeting of: 3/8/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: q PUBLIC WORKS ITEM: RESOLUTION RECEIVING THE 1999 ALLEY BY: IC Hanse~ BY: IMPROVE1VIENTS FEASIBILITY REPORT AND DATE: 3/3/9~ DATE: CALLING FOR PUBLIC IMPROVEMENT HEARING Background: On February 8, 1999, the City Council adopted Resolutions No. 99-12, 99-13 and 99-14 ordering the City Engineer to prepare a Feasibility Report for the 1999 Alley ihnprovements. Fourteen (14) gravel alleys were originally identified in the draft feasibility report. Due to a public petition and staff's review under the planning for the seal coating program, three (3) alleys have been added bringing the total to seventeen (17). Concurrent within the City-wide Street Rehabilitation Program and recognizing the ordinance requirement to pave unimproved driveways, an improvement program is proposed in 1999 to pave the remaining gravel or mw alleys. Analysis/Conclusions: Based upon the January 4m and March 1 Work Session discussions and further staff review, attached is the final feasibility report which details the issues and provides recommendations for paving the remaining mw alleys. These are summarized below: Alley Construction (material type) Staff is recommending the u,~a: of concrete for those alleys requiring complete construction or reconstruction. A concrete alley surface is preferred due to the longevity of the material, constmctability in a narrow right-of-way, and better drainage characteristics with the inverse crown construction in alleyways. Retaining Wall Construction Where identified, retaining walls have been added to the scope of work and are included in the overall project cost. Assessment Methodolok, y Comparisons to the City's Street Rehabilitation program and the recent history of alley assessments are found on pages 5 and 6 of the feasibility report Based upon the 1996 and 1997 criteria of assessing for material costs only, staffis recommending the following rates on a parcel unit basis: · Bituminous: $ 925.00 · C~)ncrete: $ 1,200.00 · Access restricted: $ 750.00 Construction Cost and Fin~ncine The estimated construction costs for the project axe as follows: · Bituminous pavement alley $ 390,000 · Cx)ncrete pavement alley $ 525,000 COUNCIL ACTION: .CITY COUNCIL LETTER Meeting of.' 3/8/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION RECEIVING THE 1999 ALLEY BY: K. Hansen BY: IMPROVEMENTS FEASIBII,ITY I~EPORT AND DATE: 3/3/99 DATE: CALLING FOR PUBLIC IMPROVEMENT HEARING Project funding would be provided as follows: Municipal State Aid Funds* (Population apportionment) Assessments: Concrete: (127 x $1,200) Bi'tuminous: (29 x $925) Restricted access: (25 x $750) 1999 $117,000 2000 $210,000 $152,400 $ 26,825 $ 18,750 $198,000 * When a City's State Aid system is declared complete, the population apportionment of the annual allotment can be used for construction of local streets and alleys. The interpretation of the Municipal State Aid rules has been modified so that when an MSA system is completely constructed and serviceable, the system can be declared complete. Staff has requested the City's State Aid System be audited and declared complete. The population apportionment for 1999 is approximately $21 O, 000. Public Works staff is requesting that the Public Improvement Hearing for the 1999 Alley Improvement Program be held on March 29, 1999. City staffwill hold an informational meeting with residents abutting the proposed work on March 23, 1999. All other alleys not identified in the feasibility report will be seal coated. It is anticipated that the 1999 Alley Seal Coat Hearing will be scheduled in April, 1999. Recommended Motion: Move to waive the reading of the resolution, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 99- I ~ being a Resolution receiving the report on the 1999 Alley Improvement Program including concrete and bituminous alley construction, bituminous reconstruction and calling for an Improvement Hearing on March 29, 1999, at 7:00 P.M.for City Project 99-02, 1999 Alley Improvement Program. 99-80 COUNCIL ACTION: RESOLUTION NO. 99- [ q BEING A RESOLUTION P~',CEIVING THE REPORT ON THE 1999 ALLEY IMPROVEMENTS WITH CONCRETE AND BrrUMINOUS ALLEY CONSTRUCTION AND BITUMINOUS ALLEY RECONSTRUCTION WHEREAS, pursuant to Resolutions 99-12, 99-13, and 99-14, adopted by the City Council February 8, 1999, a report has been prepared by Mr. Kevin Hansen, City Engineer with reference to the following improvements: California and Main Summit and 40~ University and 4t~ 40th and 41't Madison and Monroe 39u~ and 40~ Jackson and Van Buren Peters and Reservoir Gould and 40~ Circle Terr and Reservoir West of Reservoir Reservoir and Tyler Reservoir and Tyler Reservoir and Tyler Gould and 40~ 4t~ and 5u' Peters Place to Gould Avenue 283' North of39a to 521' North of 39 Lookout to 5~ 47~ to 48th N/S Alley to Jefferson 48th to 49th Jackson to N/S Alley 44~ to 45t~ Peters to Gould N/S Alley to 86' East of N/S Alley 645' South of4Pt to 4Pt 173' South of 42"a to 42"d 40~ to 41't 224' South of43~ to 43rd 43~a to 44~ N/S Alley to West of N/S Alley 300' North of52~ to 53~d Peters Place to North-South alley and this report was received by the Council on March 8*, 1999, and WHEREAS, the report provides information regarding whether the proposed project in necessary, cost-effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the Council will consider the improvement of such Alleys in accordance with the report and the assessment of abutting property (parcel unit basis) as well as non-abutting property (parcel unit basis) on the closest intersecting street for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $525,000. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on the 29~ day of March, 1999 in the Council Chambers located at 590 40~ Avenue NE, at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Dated this $.a day of March, 1999. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Jo-Anne Student, Council Secretary .CERTIFICATION State of Mhmesota County of Anoka City of Col~unbia Heights I hereby certify that the foregoiag Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held ia the City of Columbia Heights, Minnesota, on the 8th day of March, 1999, as diselosed by the records of said City ia my possession. Seal Jo-Anne Student Deputy City Clerk City of Columbia Heights FEASIBILITY FOR REPORT 1999 ALLEY IMPROVEMENTS ALLEY RECONSTRUCTION CITY PROJECT 9902 MARCH, 1999 ENGINEERING DEPARTMENT 637 38th Avenue NE, Columbia Heights, MN 55421 612-782-2880 · 612-782-2875 (Fax) GRAVEL ALLEY IMPROVEMENTS ALLEY RECONSTRUCTION COLUMBIA HEIGHTS, MINNESOTA LOCATION: IMPROVEMENTS: INITIATION: OWNERS ABUTTING: PROJECT NUMBER 9902 GRAVEL (RAW) ALLEYS - CITY WIDE BITUMINOUS ALLEY RECONSTRUCTION - 4TM ST AND 5TM ST: 300' NORTH OF 52~rr~ AVE TO 53P'n AVE PETERS PL AND GOULD AVE: PETERS PL TO NORTH-SOUTH ALLEY This feasibility study includes an analysis of proposed gravel alley construction and bituminous alley reconstruction with related storm sewer and retaining wall improvements. The proposed gravel alley improvements represent the last opened and unpaved alleys in the City. The proposed bituminous alley reconstruction represents replacement of two alley surfaces which require constant maintenance. Alley Surface, Storm Sewer, Retaining Wall Improvements GRAVEL (RAW) ALLEYS - City Council in conjunction with the existing ordinance requirement to hard surface driveways. BITUMINOUS ALLEY RECONSTRUCTION - Between 4th and 5th, from 52nd to 53rd: Thirteen adjacent property owners submitted a petitio~ to the City Manager requesting the alley be repaired or replaced. Between Peters and Gould, from Peters to N-S alley: City Council in conjunction with construction of the gravel alley in the same block. GRAVEL (RAW) ALLEYS 2. 3. 4. 5. 6. 7. 8. 9. California and Main Summit and 40th University and 4th 40th and 41 st Madison and Monroe 39th and 40th Jackson and Van Buren Peters and Reservoir Gould and 40th Circle Terr and Reservoir 283' North of 39th to 521' North of 39th (9) Lookout to 5t~ (14) 47th to 48th (19) N-S Alley to Jefferson (3) 48th to 49th (19) Jackson to N-S Alley (4) 130' North of 44th to 45th (15) Peters to Gould (9) N-S Alley to 86' East of N-S Alley (4) 645' South of4Vt to 41st (21) Page 1 ISSUES: 11. 12. 13. 14. 15. West of Reservoir Reservoir and Tyler Reservoir and Tyler Reservoir and Tyler Gould and 40~ 173' South of42"d to 42nd 40m to 41st 224' South of 43rd to 43rd 43rd to 44~ 75' West of N-S Alley (5) (16) (5) (10) (3) BITUMINOUS ALLEYS 16. 4th and 5th 17. Pete, rs and Gould 300' North of 52na to 53ra Peters to N-S Alley (13) (16) The parcel numbers listed above in parenthesis ( ) include any city owned parcels. GRAVEL (RAW) ALLEys The City Council identified the need to improve the gravel alleys as part of the street rehabilitation process to reduce maintenance costs and dirt/gravel into the storm sewer system. The Engineering Department staff conducted a survey of the gravel alleys. The following is a summary of the key project issues. The alleys could be constructed of 6" of gravel and an average of 4" of bituminous or 3" of gravel and 6" or 8" of concrete. The advantages of bituminous alleys are lower initial cost. The disadvantages of bituminous are higher maintenance over the life of the alley and a shorter design life. The advantages of concrete include ease of constructing an inverse crown ( "v" shape) for drainage, lower maintenance cost and a longer design life. The disadvantage of concrete is higher construction cost. The right-of-way width for each alley is 14', except for the alley located between University Avenue Service Drive and 4th Street, from 47th Avenue to 48th Avenue, which has a 12' right-of-way. The width of each alley will be determined during design. The City standard is to construct a 12' alley in a 14' right-of-way and a 10' alley in a 12' right-of-way. A 10' alley will be constructed in a 14' right-of-way, if the physical features make it difficult to construct a 12' alley. The follo~ving eight alleys have no unusual features which make these alleys difficult to construct. California and Main 39th and 40th Gould and 40th Circle Terr and Reservoir West of Reservoir Reservoir and Tyler Reservoir and Tyler Gould and 40th 283' North of 39th to 521' North of 39th Jackson to N-S Alley N-S Alley to 86' East of N-S Alley 645' South of4Vt to 41st 173' South of 42nd to 42na 40th to 41st 224' South of 43rd to 43rd N-S Alley to 75' West of N-S Alley Page 2 The three alleys listed below have retaining walls which were built by the property mvners. The stability of these walls are unknown. The walls would be the responsibility of the property owner. University and 4t~ 47th to 48th Along the west side of the alley from 4707 to 4733 University Avenue and at 4755 University Avenue, there is a significant difference in elevation from the alley down to the properties. The bank is retained with stone wall at 4704 and 4715 University, block wall at 4721 University, sloped at 4733 University and supported by the building wall at 4755 University. Madison and Monroe 48th to 49th A retaining wall extends along the west side of the alley from 4821 to 4833 Madison. The combined length of the retaining walls is about 160' long and constructed with salvaged concrete curb and gutter, limestone, block and railroad ties. Although salvaged curb and gutter was used in the construction, it was used as a "footing", with the other materials constructed on top of the curb and gutter section. Peters and Reservoir Peters to Gould There is a steep bank and retaining walls on the south side of the alley from 3936 to 3942 Reservoir. The retaining walls are constructed with various combinations of concrete, block and brick. The two al][eys listed below have retaining walls which were built with materials provided by the City. In the 1970's, the City installed or provided salvaged concrete curb and gutter sections for retaining wails. Summit and 40th Lookout to 5th At 400 40th Avenue, there is a significant difference in elevation from the alley up to the pr.opertyr The bank along the north side of the alley is in the public right- of-way and retained with about 70' of salvaged concrete curb and gutter, sheet metal, timber and block wall. Jackson and Van Buren 130' North of 44th to 45th A retaining wall extends from 4424 to 4438 Van Buren along the east side of the alley. The wall is about 170' of salvaged concrete curb and gutter, either provided by or constructed by the City. The yards from 4435 to 4449 Jackson are lower than the alley. This area is retained by slopes or rock walls. The stability of these walls is unknown. Page 3 FEASIBILITY: The two alleys listed below could be vacated or closed. 40t~ and 41st N-S Alley to Jefferson This is the east-west section of a "T" alley. The alley could be vacated, retaining an utility easement for NSP and others. 4002 and 4016 Jefferson would have access offof Jefferson Street. 615 40t~ would have access offofthe North-South alley. Reservoir mid Tyler 43rd to 44th Each property uses the street for access to their driveways/garages. The property at the north end of the alley also uses the alley access to a second garage. There is sanitary sewer, water main and storm sewer in the alley. With accommodations for garage access at the north end of the alley, this alley could be closed with the right-of-way retained by the City for access to the utilities. BITUMINOUS ALLEYS The alley located between 4t~ and 5t~, 52nd to 53rd, was originally paved with bituminous in 1959. The south half of the alley has a slope of over 2% and is in relatively good condition. The north half of the alley has a flat grade and ponds water. Several years ago the north half of the alley was milled, regraded and paved with a thin bituminous section to improve drainage. The resulting bituminous mat is subject to distress and requires constant maintenance. Thirteen adjacent property owners submitted a petition to the City Manager to have the alley repaired or replaced. Of the thirteen petitioners, 3 live adjacent to the south half of the alley and 10 live adjacent to the north half of the alley. The improvement consists of installing storm sewer and reconstructing the alley with concrete from 5229 4th Street to 53rd Avenue. The alley located Peters to Gould, Peters to North-South alley was paved in 1962. In past years, the alley has exhibited extreme rutting and potholes. City forces have continued to provided a hard surface over the years with excess hot and cold mix not needed on other projects. The improvement consists of reconstructing the alley with concrete. The proposed improvement project is necessary to provide consistency with other city ordinances, cost-effective with the inclusion of partial city funding, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. Page 4 SCHEDULE: FINANCING: ASSESSMENT: Construction is scheduled to begin in the late spring of 1999, with substantial completion occurring in the early fall. Council receives draft Feasibility Report and discusses issues ............. January 4, March I Council receives f'mal Feasibility Report and orders Public Improvement Hearing ...... March 8 Public Informational meeting prior to Public Improvement Hearing ................ March 23 Public Improvement Hearing and Council orders Public Improvement Project ........ March 29 Council Approves Plans and Specifications, Authorizes Advertisement for Bids ...... March 29 Bid Opening ............................................................. May 3 Council Awards Contract .................................................. May 10 Begin Construction ........................................................ June 1 Construction Completed ............................................... September 15 The estimated costs for the project are as follows: · Bituminous alley construction $ 389,560, or · Concrete alley construction $ 524,935 The extent of necessary utility work will be determined during final plan preparation. All utility work done as part of the project will be paid for from the appropriate utility fund, consistent with the policy followed under the zone street rehab work. Financing would be a combination of Municipal State Aid funds (population apportionment), assessments to benefitted properties and utility funds. No infrastructure funds were designated for alley construction in the street rehabilitation program. Further study needs to be done to determine if infrastructure funds would be available to offset the construction cost. A portion of the alley and retaining wall improvements are proposed to be assessed to benefitting properties. Assessments can be based on a per foot basis or a parcel basis. Assuming all 17 alleys are constructed and assessing 100% of the construction cost, the average rate on a per foot basis is $34.35 for bituminous alley and $46.23 for concrete alley. The average unit cost on a per parcel basis is $2,155 for bituminous alley and $2,900 for concrete alley. Based on recent assessment practices under the Street Rehabilitation Program, an assessment methodology could be formulated as follows: bituminous alleys be assessed a maximum of 65% of the construction costs with the city share 35% of the construction costs. This would be similar to the partial reconstruction assessment percentage. Concrete alleys be assessed a maximum of 50% of the construction costs with the city share 50% of the construction costs. This would be similar to the full reconstruction assessment percentage. The recent kistory of assessments for alley construction is as follows: Page 5 1986: 1991: 1996: 1997: Four alleys were constructed by a contractor. Engineering and Administration costs were also assessed. Three alleys were constructed by City forces. Engineering and Administration costs were also assessed. One alley was constructed by City forces. Only material costs and work done separately by a concrete contractor were assessed. One alley was constructed by City forces. Only material costs and work done separately by a concrete contractor were assessed. Year Actual Assessment Assessment for Construction Only Range I Average Range I Average Parcel L.F. Parcel L.F. Parcel L.F. Parcel L.F. 1986 $618.67 - $12.80 - $860.36 $16.14 $462.14 - $8.24 - $569.11 $10.62 $1,069.07 $22.26 $611.34 $12.32 1991 $1,042.76- $25.20- $1,393.37 $25.46 $827.59- $19.65- $1,082.27 $19.82 $1,598.70 $25.73 $1,234.89 $20.00 1996 - $947.20 $11.84 - - $2,134.14 $26.68 1997 - $673.91 $10.45 $1,333.44 $20.67 Assess (Proposed) (Prop.) Bit. 65/35 split $1,355.25 $21.60 Cone. 50/50 split $1,450.00 $23.12 Material Costs Only For Bit. (Proposed) (Prop.) Without Retaining Walls $925.00 $14.69 STAFF ANALYSfS: CONSTRUCTION MATERIALS - Staff recommends the alleys be constructed with concrete, unless they are an extension of a bituminous alley. These extensions recommended to be bituminous paved include the following alleys: · California to Main, 283' North of 39th to 521' North of 39% · Gould and 40% N-S alley to 86' East of N-S Alley, and · Gould and 40% N-S alley to 75' West of N-S Alley A concrete alley surface is preferred over bituminous because of the longevity of the material, constructability, and better drainage characteristics. Page 6 ASSESSMENTS - Staff recommends the methodology for Alleys be based on a per parcel basis. alleys where the construction is less than the full alley length, staff recommends assessing only those properties abutting the new construction. On With the availability of. MSAS funds for local construction in 1999 and future years, staffrecormrtends subsidizing a greater portion of the assessment to keep unit costs at a reasonable level. If City forces constructed the alleys and property owners paid for material costs only, the average assessment would be $925. Staff recommends an assessment of $1,200 per parcel for concrete alley construction and $925 per parcel for bituminous alley construction. In addition, properties which have access barriers to the alley because of elevation constraints should be provided a discounted assessment rate. A flat rate of $750, representing a 20% reduction, is hereby suggested, for both types of construction. Page 7 oro (Y) o EE a .EBiOax.O A\\ ( =il $= E oz I.IJ(, [UJ ell OC =€ UP frEg8 /'hrts \-/ CD E(, tr - b Z<{< tit u ffi*lfu**J L- NlI I H 1. California and Main 283' North of 39th to 521'North of 39th This is a dead end alley. The alley is paved from 39ft Avenue to approximately the centerof the property at3924 Main St. The unpaved portion of this alley is 238' in length. Nine parcels, including3924 Main St. abut this alley. The west side of the alley is commercial and Lomianki Park. The east side has. o I properties exclusively use the alley for access to their driveways/garages. o I property uses both the alley and the street for access to their drivewaysigarages. o Q properties (including 3924Main) use the street for access to their driveways/garages. There are no unusual features which make this alley diffrcult to construct. Staff recommendation: Construct the alley 2. Summit and 40tb Lookout to 5th This is a through alley, approximately 510' in length. Fifteen parcels abut this alley. o l0 properties exclusively use the alley for access to their driveways/garages. o I property uses both the alley and the street for access to their driveways/garages. r I properties use the street for access to their driveways/garages. o I property is vacant. This property could use either the alley or the street for access. At 400 40ft Avenue, there is a significant difference in elevation from the alley up to the property. The bank is in the public right-of-way and retained with about 70'ofsalvaged concrete curb and gutter, sheet metal, timber, and block wall. Staff recommendation: Construct the alley and a new retaining wall. Figure I Figure 2 39453929 3S2g 3916 3g1g 3915 3910 t- U) g Z x.o TL C) 3905 407 4002 944 39623923 3952 396 SUMhflIT $ Street Access to Driveway Alley Access to Driveway No Alley Access Page 8 Legend €00$ rT::-t $ ::::.::::::::::.':: : :...' . . ' I 3. University and 4'h This is a through alley, approximately 615' in length. Nineteen parcels abut this alley. o I1 properties exclusively use the alley for access to their driveways/garages. e I property uses both the alley and the street for access to their driveways/garages. o J properties use the street for access to their driveways/garages. From 4707 to 4733 University Avenue and at 4755 University Avenue, there is a significant difference in elevation from the alley down to the properties. At 4733 University there is a steep slope, however, a portion of the slope is paved. The bank is retained with stone wall at 4704 and 4715 University, block wall at 4721University, and supported by the building wall at 4755 University. The stability of the retaining walls, especially the stone walls is questionable. Staffrecommendation: Construct the alley. The retaining walls are the responsibility of the owners. 4. 40th and 41't N/S Alley to Jefferson This is the east-west section of a "T" alley, approximately 145' in length. Three parcels abut this alley. . All 3 properties use the alley for access to their driveways/garages. The alley could be vacated, retaining an utility easement for NSP and others. 4002 and 4016 Jefferson St would have access offof Jefferson St. 615 40n' would have access off of the North-South alley. There are no unusual features which make this alley difficult to construct. Staff recommendation: Vacate the alley, retain a utility easement. Figure 3 Figure 4 4753 41 4729 4719 471 3 4705rF$ Fa N ,7 4053 4049 4S41 4039 4033 4Q25 4S21 401 5 LfJ I()](o 0)(5(o 4$56 4D52 4050 4044 4036 4032 4024 4022 401 6 1- U) Z C)Ffs 9Lrfi E zo(r)u r"u[L I,L l"u*) Street Access to Driveway All ey Access to Driveway No Alley Access Page 9 Legend 47th to 48th L F-a FII]I 5. Madison and Monroe 4Eth to 49th This is a through alley, approximately 630' in length. Nineteen parcels abut this alley. o ) properties exclusively use the alley for access to their driveways/garages. o I properties use both the alley and the street for access to their driveways/garages. . 14 properties use the street for access to their driveways/garages. There are retaining walls on the west side of the alley. The combined length of the retaining walls are about 160' long and constructed with salvaged concrete curb and gutter, limestone, block and railroad ties. Although salvaged curb and gutter was used in the construction, it was used as a "footing", with the other materials constructed on top of the curb and gutter section. The stability of the walls is questionable. Staff recommendation: Construct the alley. The retaining walls are the responsibility of the owners. 6. 39th and 40th Jackson to N/S Alley This is the east-west section of a "T" alley, approximately 150'in length. Four parcels abut this alley. . All four properties use this section of the alley for access to their driveways/garages. The City has recently assessed these alleys on a per parcel basis. Otherwise the property owner on one side of the alley is responsible for % the cost. There are no unusual features which make this alley difficult to construct. Staff recommendation: Construct the alley Figure 5 Figure 6 356 50 44 38 32 26 ;20 t12 i06 i00 LR 5? 47 41 Fa F UI 0 E Z o C I C I, oaoUJ TJ I girL Rd.E 3982 3976 3g 3962 3956 co 73 3967 3963 395g 3955 3953 Fa Zo$)!ct) - fi 3g 3946 I.IJ rts Ez 49 trl Street Access to Driveway Alley Access to Driveway No Alley Access Page l0 Legend 7. Jackson and Van Buren 130' North of 44th to 45th This is a through alley, approximately 630' in length. The south 130' was paved by the property owner at the south end of the alley. The unpaved section of the alley is 500' in length. Nineteen parcels abut this alley. o $ properties exclusively use the alley for access to their driveways/garages. o I property uses both the alley and the street for access to their driveways/garages. o 12 properties use the street for access to their driveways/garages. There is a bank on the east side of the alley retained by about 170'ofsalvaged concrete curb and gutter. The City installed the salvaged concrete curb and gutter. The yards at4435 to 4449 Jackson are lower than the alley and are retained by either a landscaped slopes or rock wall. The stability of the rock wall is unknown. Staffrecommendation: Construct the alley and a new retaining wall on the east side. The retaining walls on the west side are the responsibility of the owners. 8. Peters and Reservoir Peters to Gould This is a through alley, approximately 430' in length. Nine properties abut this alley. o J properties exclusively use the alley for access to their driveways/garages. o I property uses the east west alley for access to their drivew ay I garage. o I properties use the streets for access to their driveway/garage. There is a steep bank and retaining walls on the south side of the alley. The retaining walls are constructed with various combinations of concrete, block and brick. The stability of the walls is questionable. Staff recommendation: Construct the alley. The retaining walls on the south side would be considered the responsibility of the owners. Figure 7 Figure 8 z.o{)\<(J - F ft C (c(!C (\ OC C\C s(\C (c ^c GOULD )I I ( li Street Access to Driveway Alley Access to Driveway No Alley Access Page 1l Legend 4I t =ll.xTo(rflmrZI<t>L r] 9. Gould and 40th N/S Alley to 86' East of N/S Alley This is a dead end alley, approximately 86' in length. Four properties abut this alley.o ), properties exclusively use the alley for access to their driveways/garages. e ) properties use the street for access to their driveways/garages. There are no unusual features which make this alley difficult to construct. Staff recommendation: Construct the alley 10. Circle Terr and Reservoir 645' South of 41't to 4l't This is a dead end alley, approximately 625' in lenEh. This alley abuts 2l properties. c { properties exclusively use the alley for access to their driveways/garages. o I properties uses both the alley and the street for access to their driveways/garages. o 13 properties use the streets for access to their driveways/garages.l property is a land locked triangle adjacent to the alley and owned by the City There is a steep bank from the alley down to Circle Terrace. None of the properties on Circle Terrace have access to the alley. The City maintains a fence along the top of the bank. There are no unusual features which make this alley difficult to construct. Staff recommendation: Construct the alley Figure 9 Figure 10 (o(o,cr) i C\(}o (o C)O l* (} or s ot* sl'-o) (\ 1\o950 H (f, C)r f* (}r$) O)(s CD (,.,l'- {x) {I)OOrr94B{D D t mol <., o N Na.l roN(\ Street Access to Driveway Alley Access to Dri veway No Alley Access Page 12 Legend GOULD ffi w;1/ // n 11. West of Reservoir 173'South of 42d to 42d This is a dead end alley, approximately 160' in length. Four parcels abut the alley.o J properties exclusively use the alley for access to their driveways/garages.o I property uses the street for access to their driveway/garage. There are no unusual features which make this alley difficult to construct. Staff Recommendation: Construct the alley 12. Reservoir and Tyler 40th to 41't This is a through alley, approximately 730' in length. This alley abuts l6 properties. o I properties exclusively use the alley for access to their driveways/garages. o I properties uses both the alley and the street for access to their driveways/garages. c ) properties use the streets for access to their driveways/garages. o I property is vacant. This property could use either the alley or the street for access. There are no unusual features which make this alley difficult to construct. Staff recommendation: Construct the alley 13. Reservoir and Tyler 224' South of 43d to 43rd This is a dead end alley, approximately 210' in length. This alley abuts 5 properties. o I properties exclusively use the alley for access to their drivewaysigarages. o I properties use the streets for access to their driveways/garages. There are no unusual features which make this alley difficult to construct. Figure 1l Figure 12 Figure 13 ao @c\$ 414 427 4133 4010 42404241 43RD Aq.> 4 Aqa t 48 Street Access to Driveway Alley Access to Driveway No AlleyAccess Page l3 Legend Staff Recommendation: Construct the alley. 14. Reservoir and Tyler 43d to 44th This is a through alley, approximately 510' in length. This alley abuts 10 properties. o There are no properties which exclusively use the alley for access to their driveways/garages. o I property uses both the alley and the street for access to their driveways/garages. o ) properties use the streets for access to their driveways/garages. There are no unusual features which make this alley difficult to construct. Staff recommendation: There is sanitary sewer, water main and storm sewer in the alley. With accommodations for garage access at the north end of the alley, this alley could be closed with the right-of-way retained by the City for access to the utilities. 15. Gould and 40th N/S Alley to 75' West of N-S Alley This is a dead end alley, approximately 75' in length. This alley abuts 3 properties. o I property exclusively uses the alley for access to their drivew ay I gar age. o ) properties use the streets for access to their drivewayslgarages. There are no unusual features which make this alley difficult to construct. Staff Recommendation: Construct the alley Figure 14 Figure 15 43RD I LIL (o c{r .if rr 3984 N GOULD t,r ll Street Access to Driveway Alley Access to Driveway No AlleyAccess Page 14 Legend 16. 4th to sth This is a through alley, approximately 617' in length. This alley abuts 24 properties. e 20 properties exclusively use the alley for access to their driveways/garages. o I property uses both the alley and the street for access to their driveways/garages. o I properties use the streets for access to their driveways/garages. The alley was originally paved with bituminous in 1959. The south half of the alley has a slope of over 2oh and is in relatively good condition. The north half of the alley has a flat grade and ponds water. Several years ago the north half of the alley was milled, regraded and paved with a thin bituminous section to improve drainage. The resulting bituminous mat is subject to distress and requires constant maintenance. There are no unusual features which make this alley difficult to construct. 17. Peters to Gould Peters to N-S Alley This is the east-west section of a "T" alley, approximately 441'in length. Sixteen parcels abut this alley. o 15 properties exclusively use the alley for access to their driveways/garages. o I property uses both the alley and the street for access to their drivewaysigarages. The alley was paved in 1962. In past years, the alley has exhibited extreme rutting and potholes. City forces have continued to provided a hard surface over the years with excess hot and cold mix not needed on other projects. There are no unusual features which make this alley difficult to construct. The north- south section of this alley is gravel and proposed for construction. Staff recommendation: Construct the alley Figure 16 Figure 17 IF$ 52ND IFr$ r(") r.- (JJ ::: 10 GO 1Im -lmna L PL 1 ffi,Irj t-l Street Access to Driveway Alley Access to Driveway No AlleyAccess Page 15 Legend 300' North of 52'd to 53d Staffrecommendation: Install storm sewer and reconstruct the alley from 5229 4s Street to the north. C~ COUNCIL LETTER Meeting of.' 3/8/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: ORDERING IMPROVEMENTS FOR THE 1999 BY: K. Hansen~ BY: STORM WATER IMPROVEME~rr PROGRAM DATE: 3/3/99t~________.~-" ~' ' DATE: Background: Work on various elements of the City-wide storm water improvement program is continuing and staff is requesting Council authorization to proceed with the improvements. Based upon discussion and direction provided by the Council at the February 1, 1999 work session, the 1999 Storm Water Improvement Program is proposed as follows: Prestemon Park Ponding and Storm Sewer Improvements Tyler Place and 44th Avenue Storm Sewer Improvements Jackson Pond Spillway Construction Monroe St. and 49 'A Ave. Catch Basin Improvements 4201 2nd St. Localized Improvements, Material Acquisition 4232 3~d St. LocaliT. ed Improvements, Material Acquisition Analysis/Conclusions: The proposed work follows the recommendations in the engineering reports prepared by the City's storm water consultant BRA, and are summarized as follows: Prestemon Park: Provide storm water ponding in the existing park area to redirect localized surface water flows and reducing peak system flows. Storm sewer piping, catch basin construction and restoration is also Proposed. Tyler and 44~h Avenue: Replace the existing deteriorated 48-inch CMP pipe with new RCP and incorporate rear yard berming to provide further protection for affected properties. Jackson Pond: Provide (2) concrete spillway(s) construction to the pond level at 43'a Avenue and on Quincy Street to control overflow discharge and eliminate pond slope erosion. Monroe Street and 49 ~A Avenue: 1st Phase: Rehabilitate the catch basins at this intersection and minor street surfacing to better convey surface water flows out of the intersection. Phase 2, incorporating trunk storm sewer, will be done in the year 2000 with the Street Rehab Program. 4201 2"d Street and 4232 3~ Street: Material acquisition for catch basin improvements and minor street resurfacing to better convey sm'face water away from the two identified properties. Work would be performed by Public Works cn~ws. A representative from BRA will be present to discuss the proposed Prestemon and Tyler/44th storm water improvements. Notices have been sent out informing the Prestemon neighborhood and those parcels affected along Tyler and 44~h Avenue of the March 8 Regular Council meeting that will consider ordering the improvements as recommended by staff. Staff has also met directly with the two parcels where work is proposed to be performed by city crews. Work on the Jackson Pond and Monroe/49th will be performed within existing right-of-ways. COUNCH~ ACTION: CITY COUNCIL LETTER Meeting of: 3/8/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ORDERING IMPROVEIvlENTS FOR THE 1999 BY: K. Han~n BY: STORM WATER IMPROVEMENT PROGRAM DATE: 3/3/99 DATE: Continued - Page 2 Staff held an informational meeting for Prestemon Park January 26, 1999, with only 10 residents attending (previously reported to the Council in the February 1 weekly activity report). Of those attending, question and concerns were received negative to the project proposal. These related to engineering design issues and how park amenities will be impacted. Staff emphasizes that any park facility improvements, such as playground equipment, will involve residents in the review and selection process. On the converse, others directly affected by flooding are anxious to have flood mitigation improvements made. Recommended Motion: Move to waive the reading of the resolution, them being ample copies available for the public. Recommended Motion: Move to adopt the resolution which orders the improvements to be included in the 1999 Storm Water Improvement Program. Ka.'jb 99-81 COUNCIL ACTION: RESOLUTION NO. 99- ,~ BEING A RESOLUTION ORDERING IMPROVEMENT FOR THE 1999 STORM WATER IMPROVEMENTS PROJECTS NO. 1997-21, 1998-06, 1998-10 AND 1998-13 WHEREAS, the City of Columbia Heights hired BRA & Associates, Inc. to perform the feasibility study for Project No's 1997- 21, 1998-06, 1998-10 and 1998-13 WHEREAS, that the feasibility report was prepared and accepted by the City Council on Suly 13, 1998. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: 1. Said improvements identified in BRA & Associates, Inc. feasibility study(s) and listed herein for the 1999 Storm Water Improvements, are hereby ordered. · Prestemon Park Ponding and Storm Sewer Improvements · Tyler Place and 44"~ Avenue Storm Sewer Improvements · Jackson Pond Spillway Construction · Monroe St. and 49 ½ Ave. Catch Basin Improvements · 4201 2r~ St. Localized Improvements, Material Acquisition · 4232 3rd St. Localized Improvements, Material Acquisition 2. BRA & Associates, Inc. and the City Engineer are hereby designated the engineer for these improvements and they shall prepare the plans and specifications for the making of such improvements. 3. The contract for these improvements shall be let no later than two (2) years after the adoption of this resolution. Dated this 8na day of March, 1999. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Jo-Anne Studem, Council Secretary State of Minnesota County of Anoka City of Columbia Heights CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 8th day of March, 1999, as disclosed by the records of said City in my possession. Seal Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: 3/8/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WO,RI~S~ ~L ITEM: APPROVAL OF TEMPOtLa~RY PARKING BY: K. Han~~ BY: RESTRICTION IN FRONT OF 3741 RESERVOIR BLVD. DATE: 3/3/~ DATE: Background: Ms. Sue Amundson of 3741 Reservoir Blvd., attended the February 1 Traffic Commission meeting and requested restricted parking in front of her address. She operates a day care out of her home and stated the on street parking is a problem when customers drop-off and pick-up children. She presented her proposed restricted parking sign which would state "Dayeare Parking ONLY, Monday through Frichly 6 A.M. - 8 A.M. and 3 P.M. - 5 P.M.". She also had signatures of residents in the area who were in agreement with the parking restriction. Currently there is a 2-hour parking restriction on the east side of Reservoir Blvd. in this area. With the construction activity at the gas station, day time parking is a problem. The Traffic Commission directed staffto send a letter to Bobby and Steve's Autoworld reminding them of the parking restrictions in the area and asking them to comply with those restrictions. The Traffic Commission discussed the parking reslricfion request and called for a Public Hearing at the March 1 Traffic Commission Meeting, to consider 15 minute parking between 6:00 a.m. and 5:00 p.m., Monday through Friday. Discussion: A Public. Hearing was held March 1, 1999 at 7:00 P.M. before the Traffic Commission to consider "15 minute parking between 6:00 a.m. and 5:00 p.m. Monday through Friday in front of 3741 Reservoir Blvd. Ms. Sue Amundson of 3741 Reservoir Blvd. And Jeff Bahe of the AutoWorld station spoke at the hearing. Ms. Amundson indicated that she is only asking for temporary signage from 6 a.~n. to 8 a.m. and 3 p.xn. to 5 p.m. Monday through Friday. She does not need the 15 minute restriction all day. Mr. Babe stated his employees and construction personnel have been asked to not park on the east side of Reservoir Blvd. Working with Amira's Family Restaurant and Mady's Bowling Lounge, he has been arranged additional parking for his employees and construction workers. Mr. Bahe stated it was his understanding that the existing 2-hour parking restriction was put in because people taking the bus would leave their cars parked on Reservoir Blvd. all day. The Chief of Police stated enforcement of the 15 minute parking restriction could be a problem and would have to be handled on a complaint basis. The Commission discussed the unique parking circumqtances in this area and indicated they were in favor of the parking restriction as requested on a temporary basis only and suggested removal after the construction is finished and the new station is open. Mr. Bahe stated that the new AutoWorld facility would be open in 3-1/2 months. Recommended Motion: Move to designate a Day Care Parking Restriction 6 A.M. to 8 A.M. and 3 P.M. to 5 P.M. Monday through Friday in front of 3741 Reservoir Blvd., until July 1, 1999, at which time the signs will be removed, as recommended to the City Council by the Traffic Commission. This temporary signage restriction is due to unique circumstances during construction of the Bobby and Steve's Autoworld gas station. rU:jb 99-82 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of March 8, 1999 AGENDA SECTION: P U B L I C H E^ R 1 t4 G ORIGINATING DEPARTMENT: CITY MANAGER NO: ~1~ Fire APPROVAL ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation ~ DATE: March 1, 1999 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Robert Witt regarding rental property at 4222 Monroe Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of March 8, 1999. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Robert Witt Regarding Rental Property at 4222 Monroe Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of: March 8, 1999 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: ~ CITY MANAGER NO: ~ Community, Development APPROVAL ITEM: Sign Ordinance Amendment (Or~N~o~1383) BY: JoeHollman-.~/~,~ B,Y.~ ~/~3~c~c~ NO: DATE: March 3, 1'999 Issue Statement: Staff has been directed to review Section 9.117A of the Columbia Heights Zo~fig Ordinance which regulates size and placement of signs. Backeround: Staff is aware that there is some concern among the City Council about signage requirements in the Zoning Ordinance. In particular, the lack of flexibility and strict square footage requirements seem to be the subject of this concern. Note that the entire Sign Ordinance is subject to revision during the Zoning Ordinance rewrite, but the proposed amendment will provide a more timely resolution. Analysis: In response to these concea'ns, staff has reviewed the Ordinance requirements and offers the following comments. 1. Section 9.117A(10)(b)(i) allows any number of wall signs not to exceed 100 square feet of total surface area. This is further restricted by Section 9.117A(10)(c) which states that total signage shall not exceed two square feet for each front foot of building or structure. 2. One option to be considered regarding this requirement is that the 100 square foot maximum could be eliminated and the allowable square footage would be based solely on the size of the building. However, without a maximum, buildings with a large amount of frontage could potentially have an excessive amount of signage. 3. A second option is that the maximum square footage for wall signage could be changed from 100 square feet to possibly 200 square feet. On properties with smaller buildings the amount of building frontage would determine the amount of square footage allowed. The maximum provides some assurance that no single building would have excessive signage. Another issue that needs consideration is whether an amendment should affect all the commercial and industrial zoning districts. In the LB, Limited Business District, the maximum square footage for wall signs is 50 square feet. The LB District is intended to be a neighborhood-oriented commercial district, and considering the uses permitted in this district, 50 square feet seems appropriate. The CBD, Central Business District allows a maximum of 100 square feet of wall signage. Considering the existing nature of our CBD which primarily consists of high density compact commercial development, the 100 square foot maximum seems appropriate. Note that shopping centers have a separate requirement and each business in a shopping center can have 2 square feet of signage for each front foot of the building that their business occupies. The RB, Retail Business District and GB, General Business District are also allowed 100 square feet of signage. This seems to be the problem area. It would seem that the RB and GB Districts are more auto-oriented in nature in which case a larger sign may be appropriate to attract moving traffic. 100 square feet is also the maximum amount of wall signage in the Industrial Districts. Larger signs may not be necessary in industrial districts as the businesses are typically not trying to attract customers and signs are used more for identification purposes. Also, staffhas not observed any problems with the 100 square foot requirement in the industrial districts. Attached please find a copy of Ordinance No. 1383 along with a brief comparison of various cities Sign Ordinances prepared by staff and Jeff Babe. The Planning and Zoning Commission reviewed the proposed amendment at their regular meeting on March 2, 1999. They support the amendment, and there was a general agreement that when the entire Ordinance is reviewed, the City should incorporate a percentage of wall surface coverage requirement as well as a maximum square footage requirement. Recommended Motions: Move to waive the reading of Ordinance No. 1383, there being ample copies available to the public. Move to adopt Ordinance No. 1383, an Ordinance amending Section 9.117A of the Columbia Heights Zoning Ordinance which is the section of the Zoning Ordinance re~ulatin~ signs. COUNCIL ACTION: ORDINANCE NO. 1383 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 1: Section 9.117A(10)(b)(i) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.117A(10)(b)(i) Any number of wall signs on any side of a building not to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. Shall be repealed ar~d hereafter be amended to read as follows: 9.117A(10)(b)(i) Any number of wall signs on any side of a building not to exceed one ,..,,~, t~,~j two hundred (200) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: First Reading: Second Reading: Date of Passage: Jo-Anne Student, Council Secretary Mayor Gary L. Peterson Fromz $~ffBal~" .. J~t's Bobby & Steve's Antoworld is ~t ~ ~ p~ with o~ ~Ebrr CARD CASH CHECK HQUSE ,amoka 1 Blaine 10% Burm'°vi!Ie P.,roold)m Pm'k 10% Kilit~ 20°,4 F_xlina Az you can .see, tl~ patlern is obviot~ly tma:h by the City ofColtmabia Heigt~. We feet it would well as ours=Ives t~, reconcider the law~ trine,mi,5 'rhallk you for your ~me, ~ ~~ Jeft'Bahe .lefts Bobby & $teve's Antoworld for the Ci.ty Ii'om oen~r ci telow ~ sore, allowed. 'Columbia ',~ in .-md fi'otmd tt i~ivi~taI cities' ~Y FOOTA(~ 200 ~ 300 ~00 '~ ~60 ~ SIGN ORDINANCE COMPARISON City of Minnetonka For limited-tenant buildings (3 or fewer tenants) in the Limited and General Business Districts. · Buildings with less than 20,000 square feet, each tenant is allowed l00 square feet or 15%of wall face, whichever is less. Total wall signage for property can not exceed 150 square feet. · Buildings between 20,000 square feet - 100,000 square feet, each tenant is allowed 150 square feet or 10% of wall face, whichever is less. Total wall signage for property can not exceed 240 square feet. · Buildings between 100,000 square feet - 400,000 square feet, each tenant is allowed 200 square feet or 10% of wall face, whichever is less. Total wall signage for property can not exceed 300 square feet. City of Shoreview In commercial and industrial districts. · Buildings with less than 50,000 square feet: Sign area not to exceed 10% of the area of the total building elevation to which affixed but not less than 20 square feet · Buildings with more than 50,000 square feet: Sign area not to exceed 5 % of the area of the total building elevation to which affixed but not less than 40 square feet and not greater than 500 square feet. City of West St. Paul In the "B-3" General Business District. · The aggregate square footage of sign space per lot shall not exceed the sum of 4 square feet per front foot of building, plus one square foot per front foot of property not occupied by a building. · No individual sign surface shall exceed 100 square feet. St. Anthony Village In commercial and industrial districts · Allowed up to 2 square feet of signage per lineal foot of the property. · Total signage can. not exceed 150 square feet. · Amount of signage allowed can not exceed 15% of the total wall surface area. City of New Brighton In general commercia/lfousiness district · Amount of wall s~gnage allowed can not exceed 20% of wall surface area excluding windows and doors. · Maximum of 200 square feet. City of Fridley For C-1 Local Businezs District, C-2 General Business District, and C-3 General Shopping Center District · The total wall sign area shall not exceed 15 times the square root of the wall length on which the sign is to be placed. · Example - If a building is 49 feet long, the maximum amoum of wall signage would be 105 square feet (square root of 49 is 7, so 7 x 15 = 105). CITY COUNCIL LETTER Council Meeting of: March 8, 1999 AGENDA SECTION: ITEMS FOR CONS I DERATI ON ORIGINATING DEPT.: CITY MANAGER NO: I FINANCE APPROVAL ITEM: BOND SALE BY: WILLIAM ELRITE * BY: NO: ~ -,1~ ' l DATE: 3/4/99 [a~ ~J DATE: The first reading of this ordinance was held on February 22, 1999. At that time the second reading was scheduled for March 8, 1999. Attached is the Council Letter covering the first reading and the ordinances. RECOMMENDED MOTION: Move to waive the reading of Ordinance # 1384, being an ordinance providing for the issuance and sale of $860,000 general obligation improvements bonds series 1999A. RECOMMENDED MOTION: Move to adopt Ordinance #1384, being an ordinance providing for the issuance and sale of $860,000 general obligation improvements bonds series 1999A. RECOMMENDED MOTION: Move to waive the reading of Ordinance # 1385, being an ordinance providing for the issuance and sale of $1,935,000 general obligation utility revenue bonds series 1999B. RECOMMENDED MOTION: Move to adopt Ordinance #1385, being an ordinance providing for the issuance and sale of $1,935,000 general obligation utility revenue bonds series 1999B. WE:dn 9901285 COUNCIL ACTION: CITY COLrNCIL LETTER Council Meetin~ of: February 22, 1999 OTHER ORD I NANCES AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: e'l /RE~5OLUTI OSS FINANCE APPROVAL ITEM: BOND SALE BY: WILLIAM ELRITE BY: The subject of a debt service bond sale has previously been discussed with the Council. The construction projects that were completed in 1998 were funded through internal loans and should have long-term financing through the use of bond proceeds. It is staff's recommendation to sell bonds to cover the 1998, 1999, and 2000 construction projects, and to refund the TIF bond issue as it can be refunded at a lower interest rate resulting in savings to the TIF fund. Dan Hashman from Springsted attended the February 1't work session with handouts and additional information on the various bond issues and the refunding. Attached is a summary schedule from Springsted showing the two proposed bond issues. The first issue is for assessment bonds that will fund our PIR special assessment fund and will be repaid from special assessments. The second issue i.,; for utility bonds and will be repaid from the sewer/water utility funds. Mr. Hartman will be available at the Council meeting to answer any questions on the proposed bond issues and to explain the benefits of doing the bond issue at this time. The third bond issue ofrefmanc:'mg the TIF bonds will be handled as a separate issue at a later date. It is the legal counsel's recommendation that this refunding not take place until our state TIF reporting is up to date. RECOMMENDED MOTION: Move to waive the reading of Ordinance # 1 384 being an ordinance providing for the issuance and sale of $860,000 general obligation improvement-s bonds series 1999A. RECOMMENDED MOTION: Move to schedule a second reading of Ordinance # 138/4 being an ordinance providing for the issuance and sale of $860,000 general obligation improvements bonds series 1999A for March 8, 1999. RECOMMENDED MOTION: Move to waive the reading of Ordinance # 1385 being an ordinance providing for the issuance and sale of $1,935,000 general obligation utility revenue bonds series 1999B. RECOMMENDED MOTION: Move to schedule a second reading of ordinance # 1385being an ordinance providing for the issuance and sale of $1,935,000 general obligation utility revenue bonds series 1999B for March 8, 1999. 9901285 COUNCIL ACTION: FAEGRE & BENSON LLP 2200 NORW~ST CENTER, 90 SOUTH SEVENTH STREET M/NNEAPOLIS, .MINNESOTA 55402-3901 TEL£PHONE 612-336-3000 FACSIMILE 612-336-3026 February 18, 1999 STEFANIE N. GALEY sgaley~faegre.¢om 612J336-3324 Mr. Willimu Elrite Clerk-Treasurer City of Columbia Heights 590 - 40th Avenue Northeast Columbia Heights, MN 55421 Re: Dear Bill: City of Columbia Heights, Minnesota $860,000 General Obligation Improvement Bonds, Series 1999A $1,935,000 General Obligation Utility Revenue Bonds, Series 1999B Enclosed please find the ordinances in connection with the captioned financings scheduled for their first reading betbre the City Council at its scheduled meeting on Monday, February 22. Please do not hesitate to call if you have any questions. Sincerely,.:. ? , 'L'/ /7' · Stefanle N. Galey '" SNG:melbj Enclosures cc(w/enc): MI :469324,01 Corky Weeks Minneapolis Dent, er Des Moines London Franhfitrt ORDINANCE NO. PROVIDING FOR THE ISSUANCE AND SALE OF $1,935,000 GEN'ERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 1999B The City of Columbia Heights does ordain: 1. It is determined that: (a) the City engineer has recommended the construction of various improvements to the City's sanitary sewer and water utility, and has further recommended the creation of a storm sewer utility and the construction of various improvements thereto (Project). (b) the Ciity is authorized by Minnesota Statutes, Section 444.075 (Act) to finance all or a portion of the cost of the Project (Project Costs) by the issuance of general obligation bonds of the City payable from the net revenues of the system. The Project Costs are presently estimated by the engineer to be as follows: Proiect Designation & Description: Total Proiect Cost Project Costs Storra Sewer Projects Utility Projects Water Meters Total Project Costs Less DN-R Grants Net Project Costs Costs of Issuance Discount Rounding $1,027,983 721,820 600,000 $2,349,803 (447,750) $1,902,053 19,120 15,500 (1,673) TOTAL $1.935.000 (c) it is necessary and expedient to the sound f'mancial management of the affairs of the City to issue $1,935,000 General Obli gation Utility Revenue Bonds, Series 1999B (Bonds) pummnt to the Act to provide financing for the Project. 2. In order to provide financing for the Project, the City will therefore issue and sell Bonds in the amount of $1,919,500. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $15,500. The M 1:469222.01 OP,.DrNANC£ AUTHOglZING ISSUANCE excess of the purchase price', of the Bonds over the sum of $15,500 will be credited to the debt service fund for the Bonds fbr the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: M 1:469222.01 ORDINANCE AUTHORIZING ISSUANCE THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OFPROPOSAL $1,935,000 CITY OF COLUMBIA HEIGHTS, MINNESOTA GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 1999B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, April 12, 1999, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651)223-3002 to Springsted. Signed Proposals, without final pdce or coupons, may be submitted to Spdngsted prior to the time of sale. The bidder shall be responsible for submitting to Spdngsted the final Proposal price and coupons, by telephone (651)223-3000 or fax (651)223-3002 for inclusion in the submitted Proposal. Sprir~gsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS Of THE BONDS The Bonds will be dated May 1, 1999, as the date of original issue, and will bear interest payable on February I and August 1 of each year, commencing February 1, 2000. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2001 $110,000 2005 $195,000 2009 $225,000 2002 $175,000 2006 $200,000 2010 $235,000 2003 $180,000 2007 $210,000 2004 $185,000 2008 $220,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds matudng in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single matudty through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2007, and on any day thereafter, to prepay Bonds due on or after February 1, 2008. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. ^il prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general ol31igations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge net revenues to be derived from the City's storm sewer, water and sanitary sewer charges. The proceeds will be used to acquire property and finance improvements to the City's storm sewer, water and sanitary sewer systems. TYPE OF ProPOSaLS Proposals shall be for not less than $1,919,500 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $19,350, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted ~ncorporated prior' to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a 'Financial Surety Bond, then that purchaser is required to submit its Deposit to Spdngsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award, if such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be ir~ ascending order. Bonds of the same maturity shall bear a single rate from the date of the Ronds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. 'The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BONr;) INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be pdnted on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute causE; for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at 'the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the re~olution awarding sale of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any _ iii _ prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum-or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that ten'ri is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting .,syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 75 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 22, 1999 BY ORDER OF THE CITY COUNCIL 2/18/99 11:14 AM is/William Elrite Finance Director/City Clerk - iv - 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 p.m. on Monday, April 12, 1999, to consider proposals on the Bonds and take other appropriate action with respect to the Bonds. 4. In the resolution awarding the sale of the Bonds the City Council will set forth the covenants and undertakiings required by the Act. M 1:469222.01 ORDINANCE AUTHORIZING IssuANCE First Reading: Second Reading: Motion for adoption: Second: upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the ordinance was declared duly passed and adopted. Publication: M l : a.69222. 01 ORDINANCE AUTHORIZING ISSUANCE STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ) CITY OF COLUMBIA HEIGHTS ) I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of Columbia Heights, Minnesota, hereby certify that I hat e carefully compared the attached and foregoing Ordinance No. , with the original on file in my office and the foregoing is a full, true and correct copy of'Ordinance No. ~ WITNESS My hand as Deputy City Clerk and the corporate seal of the City this ~ day of ,1999. Deputy City Clerk City of Columbia Heights, Minnesota (SEAL) M ! :469222.01 OP,.DINANCE AUTI-tOKIZ[NG ISSUANCE ORDINANCE NO. PROVIDING FOR THE ISSUANCE AND SALE OF $860,000 GEN'ERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A The City of Columbia Heights does ordain: 1. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); Proiect Designation & Description: Total Proiect Cost Project Costs: 1998 .Zone 3 Improvements 1999 Alley Improvements 2000 ,Zone 4 Improvements Less Other Funding Sources Net Project Costs Costs of Issuance Discount Rounding $ 749,000 532,500 500,000 (940,,731) $ 840,769 15,120 6,880 (2,769) TO'rAL $ 860,000 (b) it is necessary and expedient to the sound fmancial management of the affairs of the City to issue $860,000 General Obligation Improvement Bonds, Series 1999A (Bonds) purstmnt to the Act to provide financing for the Improvements. 2. To provide financing for the Improvements, the City will issue and sell Bonds in the amount of $853,120. To provide in pan the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $6,880. The excess of the purchase price of the Bonds over the sum of $853,120 will be credited to the debt service fund for the Bonds for the purpose of paying interest fn'st eo ~ming due on the Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: MI :463665,01 OKE)rNA.NCE AUTI4OKIZIIqG ISSUANCE THE CITY HAS AUTHOF'JZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $860,000 CITY OF COLUMBIA HEIGHTS, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, April 12, 1999, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651)223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651)223-3000 or fax (651)223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the'Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated May 1, 1999, as the date of original issue, and will bear interest payable on February 1 and August I of each year, commencing February 1, 2000. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February I in the years and amounts as follows: 2001 $ 50,000 2005 $ 95,000 2009 $ 85,000 2002 $105,000 2006 $ 90,000 2010 $ 65,000 2003 $100,000 2007 $90,000 2004 $ 95,000 2008 $ 85,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds matudng in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by par~ic'~pants wil~ be the re.~ponsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on Februa~ry 1, 2007, and on any day thereafter, to prepay Bonds due on or after February 1, 2008. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the Ci~:y will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance street and alley improvements within the City. TYPE Of PROPOSALS Proposals shall be for not less than $853,120 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $8,600, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Spdngsted Incorporated pdor to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Spdngsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having bccn made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same matudty shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT VVithin 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Faegre & Benson LLP, of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon its receiving the Continuing Disclosure Certificate at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, ,,shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 35 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 22, 1999 BY ORDER OF THE CITY COUNCIL 2/18/99 11:14 AM /si William Elrite Finance Director/City Clerk - it/ . 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 p.m. on Monday, April 12, 1999, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. MI :~63665,01 2 ORDINANC£ AUTIqORIZING ISSUANCE First Reading: Second Reading: Motion for adoption: Second: upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the ordinance wa,,; declared duly passed and adopted. Publication: M 1:4~3665.01 ORDINANCE AUTHORIZING ISSUANCE STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ) CITY OF COLUMBIA HEI[GHTS ) I, the undersigned, being the duly qualified and acting Deputy City Clerk of the City of Columbia Heights, Minnesota, hereby certify that I have carefully compared the attached and foregoing Ordinance No. , with the original on file in my office and the foregoing is a full, true and correct copy ot.' Ordinance No. ~ WITNESS My hand as Deputy City Clerk and the corporate seal of the City this ~ day of ,1999. Deputy City Clerk City of Columbia Heights, Minnesota (SEAL) M I :~63665.01 4 OIu:>r~A~C£ AUTHOKIZFNG ISSUANCE CITY COUNCIL LETTER Meeting of: March 8, 1999 AGENDA SECTION: . :: ORIGINATING DEPARTMENT: CITY MANAGER ~ OTHER I~;OS I NESS Fire APPROVAL NO: ITEM: Conference Attendance BY: Charles Kewatt BY: NO: t'g ,,, ~ ~. t DATE: February 24, 1999 DATE: The Fire Department Instructor's Conference is an annual conference designed for fire service instructors and leaders. The conference is sponsored by Fire Engineering magazine and is nationally recognized as a top-notch conference. Each day of the conference is filled ~vith educational programs taught by many of the same people who write articles and columns in Fire Engineering and other trade journals. The stated mission of FDIC is "To provide you and your department tools for success and to re-energize your commitment to the demanding.job of firefighting and life safety." The Assistant Fire Chief is responsible for the Fire Department's training program. Goals for attending this conference include the opportunity to network with others in similar positions, attend classes featuring cutting edge training and conduct research related to anticipated purchases as well as review products available on the market which will make the fire department's job easier and safer. Total approximate cost for the conference will be $1,375. This expense has been budgeted for. RECOMMENDED MOTION: Move to authorize the Assistant Fire Chief to attend the 1999 Fire Department Instructors Conference in Indianapolis, Indiana from March 17-21, 1999. 99-24 COUNCIL ACTION: ~I[TY OF COLUMBIA HEIGHTS AUTHOi~rT-ATION REQUEST FOR CONFERENCES, WORKSHOPS, This completed form must be presented to the City Manager by t~e Monday pre~d/ng ~e reg~dar Council Meeting foi approv~ of ane~8~nc~. NAME OFAC~ITY: ~ ~"~~ ~~ ~'~~ '" ~TI~TEDCOST: ~~~ ~[~~[~ACCOUNT~: ]~/' ~oc~ BUDGET~ FO~ ~ ~ NO SUFFICmNT FUNDS ~INING: f~ NO ?...: ./..,.'. Vr~-IEN: WHERE: PUKPOSE OF EVENT: HOW WILL THIS ACTIVITY HELP YOU AND/OK YOUR DEPAR. TMENT? ~,'t0~ U)-~O -0~'~~ PLEASE ATTACH ANY BROCHUR.ES OR INFOKMATION P. EJ~TED TO THIS EVENT. SIGNATURES: IF KEQUIILED, APPROVAL BY CITY COUNCIL: DEPARTMENT HEAD. DIVISION I-IF_AD / DATE DATE DATE DATE Upon approval by the City Manaler, or City Council (if applicable), a copy of this form will be submitted to the Finance Department and appropriate: Division H~ad. This form is not a registration form or a request for pre- registration monies. I ~CJ~E IE,'ABT#~IiT li(S'/I~CTOIS COIIFEJCINCE Park 80 West, Plaza Two Saddle Brook, NJ 07663 1-888-TEL-FDIC 1-888-FAX-FDIC FE198 CHARLES KUWALT ~-.t]L~-:i~.B~H HEi6HTS ~I~'~ :'='~'-' 554 BULK RATE POSTAGE PAll) ST. CLOUD, MN. PERMIT NO. 1907 0600 0700 0800 0900 1000., : 1100 1200 1300 1400 .... 1500._ 1600 SUNDAY 3- 14-99 MONDAY 3-15.,99 -- H.O.T. DAY 1700 1800 1900 2000 2100 2200 2300 TUESDAY 3- 16-99 --- H.O.T. DAY WEDNESDAY 3-, 1 7-99 THURSDAY 3- 1 t3-99 MASTER'S DINNER FRIDAY 3- 19-99 SATURDAY 3- 20-99 SUNDAY 3-21 -99 6AM 7AM 8AM 9AM 10AM 1lAM 12N 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM CITY OF COLUMBIA HEIGHTS Meeting of': March 8, 1999 AGENDA SECTION: OTHER BUS I NESS ORIGFNATING DEPARTMENT: CITY MANAGER NO: ~ Community Development APPROVAL ~ ITEM: First Time Homebuyer_Program BY: KennethR. Anderson ~ BY~~~J~~-¢~[ (MHFA MCPP) ~,,, ~o ~, DATE: March 5, 1999 BACKGROUND: The City has been invited by the Minnesota Housing Finance Agency (MHFA) to participate in the 1999 Minnesota City Participation Program (MCPP) first time homebuyer program. Since starting to participate in this yearly program in 1991, over $7,870,131 in loans have been made to date. These loans with reduced interest rates are enabling Iow income to moderate income first time homebuyer families to purchase homes in Columbia Heights. ANALYSIS: Under the MHFA MCPP, cities may apply for an allocation of up to $2,000,000 for providing loans to first time homebuyers in their communities at reduced interest rates (1 to 1 1/2% below market mortgage interest rates). The rate for the new program will depend on the rate secured through the MHFA sale of bonds to finance the program. This year, based on past experience and expectations for additional loans, the City applied for $2,000,000. For 1998, we were approved for funding in the amount of $485,303. In 1999, the approved amount is $529,279. Information on the program and the Program Application - Commitment Agreement are attached for your information. The notification of approval of the MCPP allocation was received on March 4, 1999 and is due to the MHFA not later than March 19, 1999 with the required fees. For this reason, we are requesting City Council approval to enter into the Commitment Agreement and authorize the payment of fees. The City will finnish the necessary $100 processing fee and the necessary 1% allocation fee deposit ($5,292.79) which will be refunded to the City upon sale of the bonds by the MHFA for the program. Reimbursement of the allocation fee deposit is expected sometime in June. RECOMMENDED MOTION': Move to approve the Mimaesota Housing Finance Agency Minnesota Cities Participation Program (MCPP) Program Application - Commitment Agreement and to approve the payment of the allocation fee and processing fee in the total amount of $5,392.79 out of proper funds; and furthermore, to authorize the City Manager to enter into an Agreement for the same. Attachments: H:/ltr3-8-99MCPP COUNCIL ACTION: MINNESOTA HOUSING FINANCE AGENCY ECEI.VED DATE: TO: FROM: SUBJECT: March 2, 1999 1999 Mortgage Revenue Bond Allocation Applicants Michael H aley/~/~" Director, Minnesb'~a Homes Division 1999 Mortgage Revenue Bond Allocation Thank you for your application for an allocation of 1999 mortgage revenue bond authority. Pursuant to Minnesota Statute 474A.061, attached is a list containing the amounts allotted to each applicant. This letter is your official notification of said allotments. This list is also forwarded to the Commissioner of the Department of Finance in accordance with the Statute. Each applicant's final allocation was determined by applying a population-based formula. Pursuant to the Statute, no applicant received more than it was allowed by application of the population-based formula. A minimum allocation of $100,000 was established under Statute. To request your allotment of bond authority from the Commissioner of the Department of Finance, each applicant must submit the specified fees and supporting documentation as prescribed by Statute. For applicants requesting MHFA to sell bonds on their behalf under the Minnesota City Participation Program, additional information is provided in this letter. The Minnesota Legislature is currently considering several changes to the Statute that regulates the MCPP. Staff plans to update participants regarding these changes in April. If you have any questions regarding this allocation, please call: Kimberly Stuart MCPP Coordinator 1-800-778-8810 (Greater Minnesota) or 651-296-9959 (Metro) Attachment 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (651) 296-7608 Telecommunications Device for the Deaf (TDD) (651) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment NEWS ALERT!! Minnesota Homes Division MINNESOTA HOUSING FINANCE AGENCY Minnesota Cities Participation Program (MCPP) March 2, 1999 Enclosed are TWO originals of the MCPP Application Commitment Agreement. Please check this infomlatior~: · Page 1: City name and address The processing fee will be retained by the Department of Finance to cover their expenses in administering the housing pool. The 1% application deposit will be returned to you directly from the Department of Finance some time in June. · Page 4: Requested and approved commitment amounts Both original agreements, along with the specified fees (see enclosed fee schedule), must be returned by March 19, 1999. Cities returning contracts after this date may be excluded from participation. Reminder: Both Agreements must be signed by an authorized individual and returned. We will execute the "MHFA Approval" section and return one copy to you. We are in the process of preparing marketing materials, including statewide and local press releases for the 1999 MCPP. Please review the enclosed draft "Program Information Insert" which lists city participants and enhancements. Contact Klm Stuart with any changes. In addition, you may be contacted by a staff member to clarify your program features, confirm lenders, or to provide MHFA with any missing information. Our objective is to accurately describe your local program and highlight specific city enhancements. To determine the amount of fees due from your city, refer to the enclosed schedule. Please remit a single check made payable to the Minnesota Housing Finance Agency Covering both the 1% application deposit fee and the processing fee. The agency will cash all checks upon receipt and wire a singlE; remittance to the Department of Finance. The statewide press release will contain a quote from MHFA's Commissioner and a list of ali cities participating. For the local press release, you may provide a short quote from a local official. If you choose to do so, you must fax your quote to: Klm Stuart Fax: 651-296-8292 Quotes must be received by March 19. For Cities that do not send a quote, we will use the Commissioner's quote. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (651) 296-8215 Fax - (651) 296-8292 TTY (651) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment There are several statutory revisions before the Legislature that impact the MCPP. One changes income eligibility limits from 80% of HUD Median Family Income to 80% of HUD Median Income Adjusted by Family Size. Another change sets house price limits equal to the Federal limits established for mortgage revenue bond programs. Two additional changes involve the usage test. The first of these proposed changes waives the usage test for all participants that failed the test in program year 1998. The second restructures the usage test. Participants who use less than 50% of their allocation are limited to the amount they successfully used for the succeeding program year. MHFA staff plans to update MCPP participants on the results of these proposed changes and '[he Program implementation schedule 'in April. Questions? Call: Call Klm Stuart 651-296-9959 (Metro) or 1-800-710-8871 (Greater MN) MCPP 1999 FEE SCHEDULE Participating Amount t Allocation I Pr°cessin9 I Total Ci~t¥ Allocated FeeI Fee t Fee~ Albert Lea $509,748.00 $5,097.48t $100.00I $5,197.48 Alexandria $531,820.00 $5,3,18.20 $100.00 $5,418.20 Anoka City $504~710.00 $5,047.10 $100.00 $5,147.10 Becket County $624,922.00 $6,249.22 , $120.00 $6,369.22 Belle Plaine $100,000.00 $1,000.00 I $20.00 $1,020.00 Beltrami County $1,000,000.00 $10,000.00 i $200.00 $10,200.00 Blue Earth County $1,400,000.00 $14,000.00 I $280.00 $14,280.00 Bluff Country $750,000.00 $7,500.00 $160.00 $7,660.00 Breckenridge $100,000.00 $1,000.00 $20.00 $1,020.00 Chisago County $1,102,120.00 $11,021.20 I $220.00 $11,241.20 Clearwater $100,000.00I $1,000.00[ $20.00 $1,020.00 Columbia Hei~lhts $529,279.00 $5,292.79 $100.00 $5,392.79 Crow Wing County $1,000,000.00 $10,000;00 I $200.00 $10,200.00 -- Detroit Lakes $207,081.00 $2,070.81 $40.00 $2,110.81 Dilworth $100,000.00 $1,000.00 $20.00 $1,020.00 Duluth $2,412,311.00 $24,123.11 $480.00 $24,603.11 Fergus Falls $374,110.00 $3,741.10 $80.00 $3,821.10 Fridley $500,000.00 $5,000.00 I $100.00 $5,100.00 Grant County $135,000.00 $1,350.00 I $20.00 $1,370.00 Hennepin $15,360,955.00 I $153,609.55I, $3,080.00 $156,689.55 Hubbard County $473,178.00 I $4,731.78 I $100.00 $4,831.78 Hutchinson $359,759.00 $3,597.59 I $80.00 $3,677.59 La Prairie $100,000.00 $1,000.00 I ' $20.00 $1,020.00 Lake City $128,619.001 $1,286.19 ! $20.00 $1,306.19 Lake of the Woods County $100,000.00 $1,000.00 i $20.00 $1,020.00 Little Falls $216,620.00 $2,166.20I $40.00 I $2,206.20 Mahnomen County $100,000.00 $1,000.00 t $20.00 $1,020.00 Montevideo $319,092.00 $3,190.92 I $60.00 $3,250.92 Moorhead $957,056.00 I $9,570.56 I $200.00 $9,770.56 Morrison $667,465.00t $6,674.651 $140.00 $6,814.65 Mower County $1,063,568.00 $10,635.68 ~ $200.00 $10,835.68 North Mankato $330,605.00 $3,306.05 $60.00 $3,366.05 Owatonna $500,000.00 $5,000.00 $100.00 $5,100.00 Sauk Centre $212,728.00 $2,127.28 i $40.00 $2,167.28 Shoreview $400,000.00 $4,000.00f $80.00 $4,080.00 St. James $125,562.00 $1,255.62 I $20.00 $1,275.62 St. Peter $200,000.00 $2,000.00I $40.00 $2,040.00 Stevens County $302,696.001 $3,026.96 t $60.00 $3,086.96 Swift $250,000.00 $2,500.00 $60.00 $2,560.00 Willmar $533,015.00 $5,330.15 $100.00 $5,430.15 Winona $400,000.00 $4,000.00 $80.00 $4,080.00 Wright County $2,334,981.00 $23,349.81 $460.00 $23,809.81 Zimmerman $100,000.00 $1,000.00 $20.00 $1,020.00 Total $37~517~000.00 $375~170.00 I $7~480.00 $382~650.00 Page I 1999 Minnesota Cities Participation Program Program Information Insert Participants ..... ,.= ~..?:PARTiCI.PANT ~ NEW ~.,. Anoka, City ". ..,..::.~,::. :: Yes* ~.....~::. . .,":'Yes Belle Plaine," City ..-: ". :i Yes ::,,~."~'..' Chisago County '. '.' .... Yes ,~?.:;'.~::~;: Columbia Heights, Ci~ NO Fridley, City ..= ..: . Yes :~ . ,? Hennepin County Yes* ~::::. ~...:.' 'ShoreView, City ~:~:' '..' Yes :¥:...~::~ ..... Wright Coun~ ':'.', ' :~' ,' Yes .?,.:::.~..:.,.~. Zimmerman~ Ci~: ." Yes ......... ~ *New construction available in limited areas. See City Enhancements. General Program Guidelines · You must be a first-time homebuyer. - To obtain current interest rate information, you can call a participating lender listed on the enclosed lender list, or the Minnesota Housing Finance Agency at 651-296-8215 or 800-710-8871. · Your gross household income must be below the program limit (see chart below). · The price of the home you wish to buy must be below specified house pdce limits (see chart below). · Cities may have additional requirements and/or special benefits available (see "City Enhancements" Section). · Existing homes are eligible in all Cities Some Cities limit new construction. Income Limits for l 1-County Metro Area 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person $33,450 $38,250 $43,000 $47,800 $51,600 $55,450 $59,250 $63,100 House Price Limits For l 1-County Metro Area NEW CONSTRIJCTION $134,258 EXISTING HOME $112,563 (continued on reverse) City Enhancements Anoka New construction is only available in certain areas of the city. details at 612-421-6631, ext. 163. Call the City for Chisago County Rush City may have tax forfeited residential lots available at a reduced price. Contact the City for more informtion at 320-358-4743. Hennepin County · Homes in the City of Minneapolis are not eligible for this program. · Only existing homes are eligible in the Cities of: Deephaven, Greenfield, Greenwood, Hanover, Hassan Twp, Loretto, Maple Plain, Medicine Lake, Tonka Bay, and Woodland (newly constructed homes are ineligible). · For properties in Edina, you may qualify for downpayment assistance from the East Edina Housing Foundation. Contact the City at 612-927-8861for information. · For properties in Plymouth, you may qualify for assistance with closing costs and down payment. Contact the Plymouth HRA at 612-509-5413 for information. · The City of Crystal wi]il have one or more newly-constructed homes available on scattered sites. For more information contact John Sutter at 612-531-1142. Homeownership Assistance Fund To assist you further, extra help is available for entry cost (downpayment and closing cost) assistance and rr~onthly payment assistance through our Homeownership Assistance Fund (HAF). · HAF may be available if your maximum adjusted household income does not exceed the amount listed below. You may qualify for half of your downpayment and closing costs up to a maximum of $3,000 and/or up to $60 a month in monthly payment assistance..Contact a participating lender for details. Maximum Adjusted Income for HAF 11-Coun ,ty Metro Area $31,000 MINNESOTA HOUSING FINANCE AGENCY MINNESOTA CITIES PARTICIPATION PROGRAM PROGI AM APPLICATION-COMMITMENT AGREEMENT THIS APPLICATION AND AGREEMENT is made and entered into by and between the City of Columbia Heights (hereinafter referred to as the "City"), with its office at 590 - 40th Ave NE, Columbia Heights, MN 55421, and the Minnesota Housing Finance Agency (hereinafter referred to as the "MHFA"), with its office at 400 .Sibley Street, Suite 300, St. Paul, Minnesota 55101-1998. WITNESSETH: WHEREAS, the MHFA, under the provisions of Minn. Stat. §474A.061, Subd. 2a (1995 Suppl.), is authorized to issue qualified mortgage bonds, as such term is used in the Internal Revenue Code of 1986, as amended through the date of this agreement, on behalf of the City, and it has issued, or will issue, such bonds on the behalf thereof; and WHEREAS, the MHFA has implemented the Minnesota Housing Finance Agency Minnesota Cities Participation Program (hereinafter referred to as the "Program"), and is using, or will use, the proceeds from the issuance of such bonds to fund the Program; and WHEREAS, the City has requested and received a set-aside of funds from the Program; and WHEREAS, the City wishes to obtain a commitment by MHFA to purchase mortgage notes and mortgages (hereinafter referred to as "Mortgages") which will be originated by a lender or lenders which meet MHFA requirements for participation in programs funded by qualified mortgage bonds, designated by the City (hereinafter cumulatively referred to as the "Lender"); and WHEREAS, Mortgages to be purchased by the MHFA pursuant to the commitment requested by the City must only be for residences located within a geographic area to be established and designated by the City; and WHEREAS, the MHFA is willing to issue a commitment wherein it will agree to purchase Mortgages which are (i) originated by the Lender; (ii) reviewed, when required by the MHFA, in its sole option and discretion, by an entity to be designated by the MHFA (hereinafter referred to as the "File Reviewer"); and (iii) are in accordance with the terms and conditions of this Agreement, the Program, and a procedural manual to be supplied by the MHFA (hereinafter referred to as the "Procedural Manual"), the provisions of which are hereby incorporated by reference into this Agreement as if set forth in full herein; and WHEREAS, MHFA is willing to issue to the Lender a commitment under this Agreement, after it has been fully executed by all of the parties hereto (the fully executed document is hereinafter referred to as the "Program Commitment Agreement"), to purchase Mortgages originated by the Lender in accordance with the terms set forth hereinbelow, the provisions of the Program and Procedural Manual, and the terms of any other agreement entered into between the MHFA and the Lender. NOW, THEREFORE, in consideration of the covenants hereinafter contained and the mutual benefits to be derived therefrom, the parties hereto do hereby agree as follows: 1. , City Requirements. All Mortgages submitted to the MHFA for purchase under the Program must comply with all of the requirements of the Program, and all of the requirements and provisions contained in the Procedural Manual and the Program Commitment Agreement. 2. Commitment and Commitment Amount. The City hereby applies for a commitment by MHFA to purchase Mortgages which (i) have been originated by the Lender; (ii) have been reviewed and approved, where applicable, by the File Reviewer; and (ih') meet the requirements of and are made in accordance with the provisions of the Program Commitment Agreement, the Program, and the Procedural Manual; and the MHFA, by accepting this Program Application-Commitment Agreement, commits to the purchase of such Mortgages in the aggregate principal amount (hereinafter referred to as the "Commitment Amount") set forth hereinbelow. All Mortgages to be purchased by the MHFA pursuant to the Program Commitment Agreement shall be only for property which, and borrowers who, satisfy the requirements and provisions of the Program Commitment Agreement, the Program, and the Procedural Manual. The MI-IFA MCPP 1 (Vet - 12/23/98) Program Application-Commitment Agreement (MCPP Applctn/Cmmtmnt Agrmnt) City acknowledges that the commitment herein applied for shall be effective only upon the approval thereof by MHFA at the place provided for hereinbelow, and the delivery of a copy of the same by MHFA to the City, which approved application shall constitute the Program Commitment Agreement. 3. Variance in Commitment Amount. A variance of Fifteen Thousand and No/100 Dollars ($15,000.00) in the total principal amount of Mortgages purchased under the Program Commitment Agreement, above or below the Commitment Amount, shall be deemed by the MHFA to constitute compliance with the Program Commitment Agreement. 4. Commencement of Activity. Upon the acceptance, execution, and delivery of the Program Commitment Agreement by MHFA to the City, the City shall select and designate Lender, and shall have Lender enter into and execute a Lender Application-Commitment Agreement in a form to be supplied by the MHFA. Lenders must meet MHFA requirements for participation in programs funded by qualified mortgage bonds. 5. Commitment Term. The term of the Program Commitment Agreement and the City's participation in the Program (hereinafter referred to as the "Commitment Term") shall commence on a date to be selected and specified by the MHFA, and shall continue for a period of time to be established hy the MHFA, in its sole option and discretion, provided, however, such time period shall not be less than Eight (8) months. The MHFA shall transmit a written notification to the City of the date on which the Commitment Term shall commence. The Program Commitment Agreement, and the City's participation in the Program, shall automatically terminate, without the need for any action by either party hereto, at the end of the Commitment Term. 6. Set-Aside Term. The Commitment Amount shall be set-aside and held by the MHFA for the sole use by the City for a period of time to be established by the MHFA, in its sole option and discretion, provided, however, such time period shall not be less than Six (6) months (hereinafter referred to as the "Set-Aside Term") commencing on a date to be selected and specified by the MHFA. The MHFA shall transmit a written notification to the City of the date on which the Set-Aside Term shall commence. Any portion of the Commitment Amount not reserved for the purchase of qualifying Mortgages as of the end of the Set-Aside Term shall be canceled and returned to the MHFA for redistribution under the Program in accordance with the provisions contained in the Procedural Manual. In addition, any portion of the Commitment Amount reserved for Mortgages which are not delivered to the MHFA for purchase within the time period delineated in the Procedural Manual for such purchase, shall be canceled and returned to the MHFA for redistribution under the Program, and any funds contained in the Program at the end of the Commitment Term shall become funds of the MHFA, and transferred to whatever program the MHFA, in its sole option and discretion, may designate. 7. Commitment Fees. No commitment fee shall be payable by the City for the commitmem by the MHFA to purchase qualifying Mortgages. 8. Purchase Price. The purchase price of each Mortgage to be purchased by MHFA hereunder shall be as set forth in the Procedural Manual. 9. Mortgage Terms. The interest rate for all Mortgages shall be set from time to time by the MHFA, at its sole option and discretion, by way of a written statement to the City and the Lender; provided, however, any change in interest rate shall only apply to Mortgages for which an individual commitment is issued after the City and the. Lender have received such notification of interest rate change. Mortgages shall meet all requirements of the Program, and those set forth in the Program Commitment Agreement, the Procedural Manual, and either the Originating Lender Application-Commitment Agreement or the Direct Seller Application-Commitment Agreement, whichever is applicable. 10. Area Limitation. The City hereby specifically agrees that the MI-IFA shall, pursuant to the Program Commiunent Agreement, be required to purchase only those Mortgages which are for residences located within a geographic area to be established and designated by the City. 11. Warranties. The City hereby warrants to MHFA that, upon approval and delivery of the Program Commitment Agreement by MHFA and the subsequent purchase by and delivery of Mortgages to MHFA pursuant thereto, all such Mortgages will have been made in compliance with, and will be in full compliance with, the terms and conditions contained in the Program Commitment Agreement, the Program, and the Procedural Manual, and all warranties set forth in rite Procedural Manual are adopted and made by the City, and shall be applicable to each such Mortgage. 12. Servicing. The servicing of Mortgages shall be the sole responsibility of MHFA, or of those servicing institntions which MHFA may designate in its sole option and discretion. MHFA MCPP 2 (Ver - 12/23/98) Program Application-Commitment Agreement (MCPP Applcm/Cmmtmnt Agrmnt) 13. Remedies. Time is of the essence hereof. In the event that the City defaults in the observance or performance of any covenant or condition in the Program Commitment Agreement or Procedural Manual, or in the event that any warranty made by the City with respect to any Mortgage is found to be untrue, then the MHFA shall be entitled to all remedies at law or in equity including, but not limited to; (i) the right to rescind acceptance of the Program Commitment Agreement, (ii) the right to seek equitable relief by way of injunction (mandatory or prohibitory) to prevent the breach or threatened breach of any of the provisions of the Program Commitment Agreement, or to enforce the performance thereof, (iii) the right to seek damages, including consequential damages, arising by virtue of the MHFA's sale of its debt securities in reliance on the City's observance and performance of the provisions of the Program Commitment Agreement, and (iv) the right to terminate the Program Commitment Agreement, and upon such termination the City shall have no further 'rights pursuant hereto, provided, however, that such termination shall not diminish MHFA's fights specified in the Program Commitment Agreement and in the Procedural Manual. All such remedies shall be cumulative, and the exercise by the MHFA of any one or more of them shall not in anyway alter or diminish the MHFA's fight to any other remedy provided herein or by law. 14. Contract Documents. All Mortgage transactions between the City and the MHFA pursuant to the Program Commitment Agreement are on a contractual basis. The contract in each instance consisting of the Program Commitment Agreement and the provisions and requirements contained in the Procedural Manual, with all amendments and supplements thereto in any form in effect as of the date of the MHFA's acceptance of the Program Commitment Agreement. 15. Assignment. Neither this Program Application-Commitment Agreement, the Program Commitment Agreement, nor any interest therein is assignable or transferable by the City, or by operation of law, without the prior written consent of the MHFA. 16. Paragraph Captions and Program Headings. The captions and headings of the paragraphs of this Agreement are for convenience only, and shall not be used to interpret or define the provisions thereof. 17. Applicable Law. The Program Commitment Agreement is made and entered into in the State of Minnesota, and all questions relating to the validity, construction, performance and enforcement hereof shall be governed by the laws of the State of Minnesota. 18. Agreement Conditional Upon MHFA Approval. The Program Commitment Agreement shall be a binding obligation of the MHFA upon its execution by the MHFA and delivery of a copy of the same to the City; provided, however, the MHFA may, in its sole option and discretion, any time after the 19th day of March, 1999 revoke such obligation and terminate this Agreement if the City has not fully executed and returned a fully executed original hereof to the MHFA. Such revocation and termination shall be accomplished and evidenced by the MHFA notifying the City thereof by way of a "Certified Letter- Return Receipt Requested" addressed and delivered to the City. Upon such revocation and termination this Program Application- Commitment Agreement shall be null and void and of no force or effect. 19. Issuance of Bonds. The City does hereby authorize the MHFA to issue, on behalf of the City, qualified mortgage bonds, as such term is used in the Internal Revenue Code of 1986, in an amount equal to the Commitment Amount, and the MHFA agrees to so issue such bonds if and when federal law authorizes and the MHFA deems it is economically feasible to do so. (THE REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK) MHFA MCPP 3 (Vet - 12/23/98) Prograra Application-Commitment Agreement (MCPP ApplctrdCmmtrnnt Agrmnt) IN WITNESS IYHEREOF, the City has set its hand this __ day of 1999. CITY: City of Columbia Heights By: (Signature of Authorized Officer) (Printed or Typewritten Name of Authorized Officer) REQUESTED COMMITMENT AMOUNT SMaximum MHFA APPROVAL MHFA hereby accepts the above Program Application-Commitment Agreement and approves and grants the following: APPROVED COMMITMENT AMOUNT $529.279 MINNESOTA HOUSING FINANCE AGENCY By: Its: Frances J. O'Neill Operations Manager, Minnesota Homes Division Signed this day of ,1999. SUMMARY (To be completed by MHFA) City's requested commitment amount SMaximum Commitment Amount granted by MHFA $529.279 MHFAMCPP (Ver- 12/23/98) Program Application-Commitment Agreement (MCPP Applcm/Cmmtmnt Agrmnt) PROPOSED ALTERNATIVES CITY OF COLUMBIA HEIGHTS MCKINLEY STREET NE & 40TH AVENUE NE FIGURE 2 Bonestroo Rosen 0 Anderlik d " Aseodates En&ows 6 Ardtecb \332\33208\33208W01.DWG comm. 4-9-98 N 0 50 100 Scale in feet LEGEND JUMh' I-'UMr I. f i� LO N C�til ,� N 42" 52' 12" 66' 105' 48" 100' 48" 48" 18 163' 145' 105' 8" 00 - -�0' 00 POST J r O F F I C E 48" RG�_ 196' W 10" = 48" RCP �\ i— LO 31 ' 44' I--- 10" I .30 b f 44TH 1 /2 AVE Ll N 18" I (TIE INTO EXISTING 520' 44TH AVE GROUND AT 206.3' 1016 12" 25' E TENT 4 ce�Mc� , Y 1L HWE 48" 1 48" - - - - I GARAGE 1016 BE M TIE INTO EXISTING GROUND AT 206.3') 43R D 1 /2 AVE PROPOSED ALERNATIVE Bonestroo Rosene CITY OF COLUMBIA HEIGHTS FIGURE 6 0 Ad Asssociasocia tes JACKSON POND SYSTEM -- TYLER PLACE & 44TH AVENUE NE mrs 8L nrchfi«;f. \332\3307\33207W12.DWG 4-9-98 Prestemon Park Wetland Improvements Columbia Heights, MN YIETLAPi.7 ' Fp-ft1MF:auxa I . Ytnw�rx 7tJyfE] CTrV OFUOIA ?B11 HEWHHS PRFSTEAN N r1%RK �. CXY%CEPr PIAN e CROSS-SECTION AA �, w CROSS -SECTION BB .. Constructed Wetland Provides Aesthetic Solution To Area Flooding The City of Columbia Heights is taking a new approach to stormwater management - As many of you know, flooding has been a problem for our community. Particularly hard hit the last two years was the intersection of McKinley Street NE and 40th Avenue NE. In the past, the City constructed traditional storm sewer to alleviate flooding. Now, the City is considering plans to construct a wetland within Prestemon Park that will collect and store excess stormwater until storm sewer capacity is freed downstream. A wetland originally existed through much of the area the park now encompasses. It extended from what is now the park's southern border as far north as the intersection of McKinley Street NE and 40th Avenue NE_ As development appeared, the wetland disappeared. The City has chosen this proven approach because wetlands offer a number of benefits over traditional storm sewer. Wetlands moderate flows in the storm sewer system by storing and releasing runoff in a slow, controlled manner With their diverse flora and fauna, wetlands provide an aesthetic boost in an urban environment. The City can take advantage of this new amenity by building bike trails, walking paths and scenic overlooks along the wetland's fringe. Acting as a natural filter, wetlands remove sediment, nutrients, metals and salts from stormwater runoff that can pollute and contaminate downstream waters. This will be an especially important function of the Prestemon Park wetland, which will ultimately drain to Silver Lake. Clearly wetlands have a lot to offer, but it is important to remember that we will not see the full benefits of the Prestemon Park wetland immediately. A constructed wetland generally takes about one full growing season before its full aesthetic value becomes apparent. As a part of this flood mitigation project, the City has the opportunity to look at Prestemon Park's recreational facilities to see how they may be improved or replaced. Your input at upcoming resident meetings will help determine those modifications - ~o io io lo o o ~o io 238.'~0 : ~ o o { " ~ ......... ~ ....... ~ C~Z O~ ~ Z~ ~ ,-~ '~ L / COLUMBIA HEIGHTS MINNESOTA I~1 t Bonestroo ~D ~T I ~ A ~LY REGB~REO PR~ESSIO~ ENGINEER D~WN ORT STORM WATER IMPROVEMENTS PRESTEMON PARK ~ Associates .................... ! ......... 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I ;, ;:~':: ~' ~ ,,;:~:;,~- ~ ' ~ , ~ ~"T'?F~"~' ...................... ~ : ,, : ........ ................. ~ . .I .......... ~ ::::~;:~;:~::;~,' ...... :','''' '~ ~',~;~'~ : ~ ;: I ~ ...... ~ ....... , , , , ~ ~ [ .''''::::' '. ,~ : ......... ~ ........ ........ ~ ..... i ~ ........... ~ .... ~ ~; :: ~ ','~ · ' " ~::~; I ~ ..... ~'~ ..,: ......... ~ .......... .......... ~ : . .,, ' '7+~1~9'' ': ....... ~ ....... .................. ~. ................. .~ .................. : ................. ~.: :.:~;; ::r'~,:2:o~.~.~:~:::.;.;.:.:.:.~.:.'.:.' ..... ~ ~ :~ ~ : ~ - ~ ......... · CI~ OF COLUMBIA HEIGHTS Bonestroo ~ STORM WATER IMPROVEMENT PROJECT Rosene Ander//k & ~LER P~CE AND 43RD AVE. NE. J[ll Assodates P~ AND PROFILE Englne~a~lt~ CITY COUNCIL LETTER Meeting of~ 3/8/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: q PUBLIC WORKS IMPROVEMENTS FOR THE 1999 BY: K. Hansen~-x BY: ITEM: ORDERING STORM WATER IMPROVEMENT PROGRAM DATE: 3/3/99~4"~_~_.~" ~'~' ' DATE: Background: Work on various elements of the City-wide storm water improvement program is continuing and staff is requesting Council authorization to proceed with the improvements. Based upon discussion and direction provided by the Council at the February 1, 1999 work session, the 1999 Storm Water Improvement Program is proposed as follows: Prestemon Park Ponding and Storm Sewer Improvements Tyler Place and 44th Avenue Storm Sewer Improvements Jackson Pond Spilhvay Construction Monroe St. and 49 IA Ave. Catch Basin Improvements 4201 2"d St. Localized Improvements, Material Acquisition 4232 3'd St. Localized Improvements, Material Acquisition Analysis/Conclusions: The proposed work follows the recommendations in the engineering reports prepared by the City's storm water consultant BRA, and are summarized as follows: Prestemon Park: Provide storm water ponding in the existing park area to redirect localized surface water flows and reducing peak system flows. Storm sewer piping, catch basin construction and restoration is also proposed. Tyler and 44th Avenue: Replace the existing deteriorated 48-inch CMP pipe with new RCP and incorporate rear yard berming to provide further protection for affected properties. Jackson Pond: Provide (2) concrete spillway(s) construction to the pond level at 43rd Avenue and on Quincy Street to control overflow discharge and eliminate pond slope erosion. Monroe Street and 49 ~A Avenue: 1st Phase: Rehabilitate the catch basins at this intersection and minor street surfacing to better convey surface water flows out of the intersection. Phase 2, incorporating tnmk storm sewer, will be done in the year 2000 with the Street Rehab Program. 4201 2na Street and 4232 3~a Street: Material acquisition for catch basin improvements and minor street resurfacing to better convey surface water away from the two identified properties. Work would be performed by Public Works crews. A representative from BRA will be present to discuss the proposed Prestemon and Tyler/44th storm water improvements. Notices have been sent out informing the Prestemon neighborhood and those parcels affected along Tyler and 44~ Avenue of the March 8 Regular Council meeting that will consider ordering the improvements as recommended by staff. Staff has also met directly with the two parcels where work is proposed to be performed by city crews. Work on the Jackson Pond and Monroe/49th will be performed within existing right-of-ways. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/8/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ORDERING IMPROVEMENTS FOR THE 1999 BY: K. I-lan~n BY: STORM WATER IMPROVEMENT PROGRAM DATE: 3/3/99 DATE: Continued - Page 2 Staff held an informational meeting fi~r Prestemon Park January 26, 1999, with only 10 residents attending (previously reported to the Council in the February 1 weekly activity report). Of those attending, question and concerns were received negative to the project proposal. These related to engineering design issues and how park amenities will be impacted. Staff emphasizes that any park facility improvements, such as playground equipment, will involve residents in the review and selection process. On the converse, others directly affected by flooding are anxious to have flood mitigation improvements made. Recommended Motion: Move to waive the reading of the resolution, there being ample copies available for the public. Recommended Motion: Move to adopt the resolution which orders the improvements to be included in the 1999 Storm Water Improvement Program. KH.'jb 99-81 COUNCIL ACTION: RESOLUTION NO. 99- ,~ BEING A RESOLUTION ORDERING IMPROVEMENT FOR ~ 1999 STORM WATER I1V[PROVEMENTS PROJECTS NO. 1997-21, 1998-06, 1998-10 AND 1998-13 WHEREAS, the City of Columbia Heights hired BRA & Associates, Inc. to perform the feasibility study for Project No's 1997- 21, 1998-06, 1998-10 and 1998-13 WHEREAS, that the feasibility report was prepared and accepted by the City Council on luly 13, 1998. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that: 1. Said improvemenl~ identified in BRA & Associates, Inc. feasibility study(s) and listed herein for the 1999 Storm Water Improvements, are hereby ordered. · Prestemon Park Ponding and Storm Sewer Improvements · Tyler Place and 44t~ Avenue Storm Sewer Improvements · Jackson Pond Spillway Construction · Monroe St. and 49 ~A Ave. Catch Basin Improvements · 4201 2"a St. Localized Improvements, Material Acquisition · 4232 3rd St. Localized Improvements, Material Acquisition 2. BRA & Associates, Inc. and the City Engineer are hereby designated the engineer for these improvements and they shall prepare the plans and specifications for the making of such improvements. 3. The contract for these improvements shall be let no later than two (2) years after the adoption of this resolution. Dated this 8~ day of March, 1999. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Jo-Anne Student, Council Secretary State of Minnesota County of Anoka City of Columbia Heights CERTIFICATION I hereby certify that the foregoing Resolution is a tree and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 8th day of March, 1999, as disclosed by the records of said City in my possession. Seal Jo.Anne Student Deputy City Clerk City of Columbia Heights Park and Recreation Commission February 24, 1999 The meeting was called to order by Chairperson Eileen Evans at 6:30 p.m. ROLL CALL Members present: Eileen Evans; Bruce Magnuson; Gary Mayer; James Nelson; Gary Peterson; Bob Ruettimann; Keith Windschitl, Recreation Director Members absent: Jerry Foss Also present: Kristine Bjork, 3932 Ulysses St. N.E., Columbia Heights, MN APPROVAL CONSENT AGENDA Motion by Magnuson, second by Peterson to approve the consent agenda. All ayes, motion carried. LETTERS ANDREQUESTS SECOND VIOLATION NOTICE FROM FIRE DEPARTM-F. NT The Recreation Director advised members that we have made all the necessary repairs listed on the violation notice. A new fire proof door was put on the boiler room today. REQUEST TO USE LABELLE LOUNGE/JIM GALUSKA, COLUMBIA HEIGHTS HIGH SCHOOL _ Members were given a letter from Jim Galuska, Columbia Heights High School, requesting use of the LaBelle Lounge on Wednesday, May 5, 1999 from 3:00 to 7:00 p.m. for a teacher's year- end party. Motion by Ruettimann, second by Peterson to approve the request for use of the LaBelle Lounge on Wednesday, May 5, 1999 from 3:00 to 7:00 p.m. for a teacher's year-end party, with the fee being waived and with the stipulation that the user pay the standard $250 damage deposit and provide proof of insurance. All ayes, motion carded. OLD BUSINESS There is no old business at this time. NEW BUSINESS 1999 NEIGHBORHOOD PICNICS Members felt that the Park and Recreation Commission should participate in the neighborhood PAGE TWO picnics held by the Police ]Department. The picnics should be advertised to residents through mailings or possibly included with water bills. It was agreed that two members should attend the picnics of their choice. REPORTS RECREATION DIRECTOR The Recreation Director distributed the new spring Heights Happenings city newsletter to members. The newsletters are mailed and also distributed to children through the schools. The newsletter was prepared on a web press this time, which negatively affected the quality of the document. Prior newsletters were produced on a sheet fed press. Staff will speak with the printer to see if future newsletters could be printed on a sheet fed press. Members were advised that Julie Dehmer has resi~,med her position as Youth Program Coordinator. Staff is presently interviewing for the other Youth Program Coordinator position. It appears that we may be losing our gym space at NEI. This will impact our programs quite a bit. The Recreation Director, Mayor Peterson, and James Nelson looked at several community centers in the area last week. Staff will check with local churches to see if we could use their gym space on a temporary basis. PUBLIC WORKS DIRECTOR/CITY ENGINEER No report at this time. MEMBERS Mayor Peterson reported on the tours of community centers in St. Anthony, Crystal, New Brighton, and Shoreview. Members discussed the importance of organizing community members to start discussing the need for a new community center in Columbia Heights. Kris Bjork was present and advised members that she would like to be involved in this process. Members felt that a steering committee made up of representatives from the Lion's Club, Boosters, Chamber of Conunerce, schools, churches, etc. should be formed. Members felt Jori Gurban of MRPA should come and speak to the group once it is formed. ADJOURNMENT Motion by Peterson to adjourn, second by Ruettimann. All ayes, motion carried. Meeting adjourned at 7:30 p.m. Janice McGhee-Fetzer, Park & Recreation Commission Secretary P&RCO~INFEB99 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MARCH 1, 1999 ' ROVED,, The Traffic Commission Meeting was balled to order at 7:02 P.M. I. ROLL CALL Present: Absent: Staff: Carlson, Jolly, Sturdevant Stumpf Goodman Kev[n Hansen, Public Works Director/City Engineer Tom. Johnson, Police Chief II. APPROVAL OF FEBRUARY 1, 1999 MINUTES Motion by Smrdev~mt, second by Stumpf, to approve the minutes of the February 1, 1999, Traffic Commission Meeting. Motion carried. III. OLD BUSINESS None IV. OTHER OLD BUSINESS None NEW BUSINESS A. PUBLIC HEARING TO RESTRICT PARKING ON RESERVOIR BLVD. A Public Hearing was held to designate "15 minute parking between 6:00 a.m. and 5:00 p.m. Monday through Friday in front of 3741 Reservoir Blvd. There is currently a signed, 2-hour parking restriction. With the construction going on at the gas station, Ms. Sue Amundson of 3741 Reservoir Blvd., stated it is her belief there is a parking problem, which impacts her daycare operation. Ms. Amundson had requested restricted parking in front of her address as parking for her Day Care parents is a problem when bringing and picking up their children. Ms. Amundson indicated that she is only asking for temporary signage from 6 a.m. to 8 a.m. and 3 p.m. to 5 p.m. Monday through Friday, and that a review could be made in 6 rnonths. She does not need the 15 minute restriction all day. She presented a signature list of neighbors agreeing with the restricted parking request. Official Proceedings Columbia Heights Traffic Commission March 1, 1999 Page 2 IV. Vo Mr. JeffBahe was present and indicated he has requested that his employees and construction personnel not park on the east side of Reservoir Blvd. Amira's Family Restaurant and Mady's Bowling Lounge have both offered parking areas for his employees and workers. The 2-hour parking restriction was not put in because of the station, it was there because people taking the bus would leave their cars parked on Keservoir Blvd. all day. He stated he was against the 15 minute parking restriction as it would show preferential treatment. Police Chief Johnson indicated that enforcement of 15 minute parking restrictions could be a problem as they couldn't provide a dedicated officer to patrol that area during those times to enforce the parking. Enforcement would have to be handled on a complaint only basis. Commissioner Carlson indicated he was opposed to the parking restriction as it is in a residential zone. Commissioner Jolly indicated he was in favor of the parking restriction on a temporary basis and suggested review after the construction is finished and the new station is open, perhaps in 3 months. Motion by Jolly, second by Sturdevant, to recommend to the City Council to designate a Day Care Parking Restriction 6 A.M. to 8 A.M. and 3 P.M. to 5 P.M. Monday through Friday in front of 3741 Reservoir Blvd. until July 1, 1999 at which time the signs will be removed. This temporary signage restriction is due to unique cirmmastances during construction of the Bobby and Steve's Autoworld gas station. Motion carried. OTHER OLD BUSINESS None NEW BUSINESS A. REQUEST FOR SIGNAGE AT 40TM AND JACKSON ST. Ms. Lil Nord of 3968 Jackson St. expressed concem with the intersection of 40t~ Ave. and Jackson St. related to stop sign visibility. Motorists are nmning the stop signs. She 'was recently involved in an accident where a motorist was going eastbound on 40th Ave. and didn't stop. Official Proceedings Columbia Heights Traffic Commission March 1, 1999 Page 3 Chief Johnson indicate~t they will monitor the area and will review the area with the City Engineer to see what could be done. Harold Hoimn suggested flashing lights or red flagging the signs would help. VI. VII. VIII. OTHER OLD BUSINESS None REPORTS A. City Engineer None B. Police Chief None C. Commissioners Commissioner Smmpf asked why there are so many one-way streets in the City, particularly 51~t to 53ra and 5t~ St. Staff will provide him with background information on this street. Motion by Jolly, second by Sturdevant, ADJOURNMENT Motion by Smrdevant, second by Stumpf, to adjourn the meeting at 8:00 P.M. Respectfully submitt~~ Traffic Commission Secretary CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES MARCH 2, 1999 The March 2, 1999 Planning and Zoning Commission meeting was called to order by ChairPerson Ramsdell at 7:00 p.m. Members present were Franzen, Hunter, Fowler, Szurek and Ramsdell. Also present were Joe Hollman (City Planner) and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Fowler, seconded by Szurek, to approve the minutes from the meeting of February 2, 1999 as presented in writing. Voice Vote: All Ayes. Motion passed. OLD BUSINESS: A. Site Plan Review Gilbert L. Becker Case//9902-09 RE: 635 N.E. 39'~ Avenue Mr. Hollman reminded the Commission that at the regular meeting of February 2, 1999 this case was tabled to allow staff and Mr. Becker time to gather further information regarding the proposed expansion of his property. In a conversation with Mr. Becker, he supports tabling this case until the April meeting. Commissioner Fowler was concerned about the lack of off-street parking for a number of businesses along 39th Avenue and asked how that problem will be resolved. Mr. Hollman stated that each property will be considered individually if and when a change in the site would occur. Commissioner Ramsdell felt that the parking requirements of the Industrial District should be something that is addressed in the Zoning Ordinanc. e rewrite. Mr. Hollman stated that the consultants are aware of the problem and it will be reviewed. Commissioner Hunter asked Mr. Hollman if Mr. Becker is under a time line for the completion of the storage building. Mr. Hollman stated that Mr. Becker has not expressed any concern for a time frame to be met. Mr. Hollman added that he has been unable to work out any sort of parking plan that will satisfy Mr. Becker's off-street parking requirements for the site. He informed the Commission that Mr. Becker is not interested in attaching his proposed storage facility to the existing building. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION MARCH 2, 1999 Page 2 MOTION by Szurek, seconded by Fowler, to table this case until the April 1999 regular meeting. Voice Vote: All Ayes. Motion passed. NEW BUSINESS: A. Site Plan Review Case #9903-10 Robert E. Grootwassink RE: 4001 Central Avenue N.E. Mr. Hoilman presented the request of Robert Grootwassink, co-owner of the Columbia Heights Center LLC, for site plan review of proposed improvements to the Columbia Heights Mall at 4001 Central Avenue. It is their intent to eliminate the interior shared halhNay and expand all of the tenant spaces to the front of the building. Mr. Hollman informed the Commission that the original site plan for the mall was approved in 1981with the approved mall containing 79,230 square feet of retail space. Mr. Hollman stated that, at the present time, there is a transit hub proposed to be located on the Columbia Heights Mall property and anticipated that this will be on the April 6 Planning and Zoning Commission meeting. This transit hub will reduce the number of parking spaces available en the site and will be reviewed in detail when the actual proposal for the transit hub is before the Commission. He informed the Commissioners that Anoka County and Metro Transit will be holding an open house information meeting for the public on March 4'~ from 7:00 to 8:00 PM at Murzyn Hall. Mr. Hollman informed the Commission that Section 9.112 of the Columbia Heights Zoning Ordinance regulates permitted and conditional uses in the Central Business District. He stated that, as the property is used today, it is in compliance with this section of the Ordinance. The proposal meets or exceeds the minimum yard and density requirements of the Zoning Ordinance. Minimum Yard and Density Requirements are listed below: The floor area ratio shall not exceed 6.0. Floor Area Ratio is defined as the numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or buildings are located. The proposal meets this requirement. Every lot shall have a minimum frontage of 20 feet. The subject parcel greatly exceeds this requirement. Front Yard setback shall be a minimum of one foot. The existing building meets this requirement. Mr. Hollman stated that the Loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores at least one berth for each building having 2,500- 6,000 square feet. He added that based on a conversation with the mall owner, loading and unloading will be performed in the same manner as it currently is being done. According to the minutes from the original approval,"all loading facilities will be adequately screened or enclosed, and the proposed loading facilities are adequate". Because the retail site is limited in space and the loading areas are enclosed, a variance was approved in 1981 regarding the location of the loading docks. PLANNING AND ZONING COMIVIISSION REGULttR l~rr. rr. Tt~lG - U,t~iuTrr. s MARCH 2, 1999 Page 3 Mr. Hollman directed the Commissioners attention to the following table which provides a breakdown of the reconfigured mall. He noted that 14 separate tenant spaces are proposed, and, according to the plan submitted with the application, there are currently 28 tenant spaces. The column labeled "Net Floor Area" excludes space utilized for storage, restrooms, utility rooms, etc. He explained that square footage for the restaurants is not listed because parking calculations are based on seating design and he has indicated the seating in the table. The following calculations are based on staff measurements from the preliminary plans and the conceptual storage space plan submitted by the applicant. He noted that the storage space plan submitted by the applicant does not appear to be drawn to scale, but it provides a conceptual sketch of how the storage space may be located for each tenant. Staff is concerned about the accuracy of these drawings, but according to the applicant this plan is the best available as he is still working out details of lease agreements with the tenants. The exact configuration of each tenant space is unknown al: this time. Tenant Space Gross Floor Net Floor Required Parking Area Area* Gross I Net* T-1 (Marshall's) 28,768 23,416 144 117 T-2 1,721 1,649 9 8 T-3 (Tropic Tan) 1,~.~, 1,372 7 7 T-4 4,000 3,928 20 20 T-5 418 418 2 2 T-6 (Pizza Man) 1,174 1,054 6 6 T-7 (future NAPA) 9,200 3,700 46 19 T-8 (Don's Appliance) 3,894 2,694 2 2 T-9 (H&R Block) 3,594 3,094 18 15 T-lO (School) 5,724 5,724 29 29 T-11 (Chinese Rest.) -- 100 seats 33 33 T-12 (Drug Store) 10,494 4,894 52 24 T-13 10,035 7,535 50 38 T-14 (KJ's Rest.) -- 170 seats 57 57 Totals: I I 475 I 377 PLANNING AND ZONING COMNIISSION REGULAR ME~'TING - MINI)'TES MARCH 2, 1999 Page 4 Mr. Hollman informed the Commissioners that parking requirements are based on net floor area. The original approval for the mall required 399 parking spaces, and plans indicate that there are 413 spaces provided. As the table indicates, the required number of parking spaces varies by roughly 100 spaces when taking storage space into consideration. Parking requirem~;nts are calculated based on net floor area, and considering that there are 413 spaces provided and 377 required, the proposal meets minimum parking requirements. He added that staff is concerned about the accuracy of the net floor area proposal and, will recommend as a condition of approval, that the reconfiguration of the mall b~ done in a manner that meets minimum parking requirements. This will be verified by staff when actual building plains are submitted and reviewed. Mr. Hollman stated that the Fire Department had the opportunity to review the plans and found no issues with the proposed site plan, but they offer the following comments: The rear alley must be maintained at least 20 feet wide and designated as a fire lane. This requirement will stay in place during construction which would effectively prohibit any construction vehicles from parking in the alley during construction. Other concerns the Fire Department would have during construction include maintaining exiting provisions, fire protection systems, and access to all portions of the building. He stated that solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. He added that according to the applicant, waste material storage will be accomplished in the same manner as it is now. Currently, dumpsters are located unfenced behind the building and are nonconforming. He noted that the original site plan was approved without proper screening for dumpsters. However, Mr. Hollman stated that the City typically tries to bring nonconforming aspects of property into compliance when reviewing a request for site plan approval noting that the rear alley is not a full 20 feet wide in spots. This creates concerns about Iocatin9 fenced dumpster enclosures in the back. The Fire Department has stated that they will live with the existing conditions, but would not support any improvements that would further restrict the fire lane. As a result, the City Planner does not recommend that the City require the applicant to provide screened dumpster enclosures behind the building. Currently, the dumpsters are partially screened from public view by the building, but residents of Parkview Villa can see them. Due to the difference in elevation between the dumpsters and Parkview Villa, residents could look down and see them even if the dumpsl:ers were surrounded by a fenced enclosure, unless the enclosures had a roof. Mr. Hollman stated that it is the: opinion of the City Planner that providing a fenced enclosure would provide a minimal aesthetic benefit and would actually be a detriment to public safety by further restricting the fire lane. One alternative would be to require all the dumpsters to be located inside the mall. This would alleviate the need for screening, but it would create other building and fire code issues. It would also be inconvenient to tenants and refuse haulers. He added that it could also increase costs for waste removal services. It is the recommendation of the City Planner that waste material storage be allowed to continue in its present conditions based on the fact that this is an existing situation that was approved in 1981, and it appears that any benefits gained from meeting the strict wording of the Ordinance are minimal and may be outweighed by potential negative impacts. PLANNING AND ZONING COMMISSION MARCH 2, 1999 Page 5 Mr. Hollman informed the Commission that, at this time, water draining from the north parking lot flows into the storm drain in 41" Avenue with the remaining water drainage flowing to the storm drain in 40'~ Avenue. It was his opinion that the proposed improvements to the mall will not impact drainage. According to the minutes from the 1981 approval, 200 square feet of parking lot landscaping for each 20 parking spaces was required. Again, Mr. Hollman stated that the proposed reconfiguration of the mall will not impact the existing landscaping. Mr. Hollman stated that, along with the floor plans and site plan, the applicant provided a copy of proposed changes to the freestanding sign noting that this is an existing sign, and the proposal will not change the size or location of the sign as it will list the name of the mall on top, and then list all the tenants in the mall. Mr. Hollman informed the Commission that the City Comprehensive Plan designates this area for future commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and will rehabilitate an existing structure. He felt that the proposal is consistent with the City Comprehensive Plan. Mr. Hollman directed attention to a document he prepared and distributed regarding a parking analysis for the Downtown area of Columbia Heights. He explained that the document outlines how and why the parking districts were created and the managment agreements for each area including the use of the parking ramps. He expressly painted out that a portion of the "Agreement for Modification of Management Agreement" dated February 11, 1991 states that "at all times maintain 40 percent of the stalls in the ramp for short term use by members of the general public". He added that out of the total 360 parking spaces in the ramp, 144 are intended to be used by the general public. It was his opinion that any additional parking needed could be fulfilled by the use of the ramp. Commissioner Ramsdell questioned why the dumpster location was approved in 1981 without the enclosure requirement and if a variance was granted. If a variance was not approved at that time, it was his opinion that it should be considered at this time when the site changes are proposed in order to have an accurate reflection of compliance with the Zoning Ordinance requirements. It was his opinion that there definitely is a hardship evident in order to approve a variance to the enclosed dumpster requirement and its location. He directed staff to check with the City Attorney to determine if a variance would be in order for this situation at this time. Discussion was held regarding the width of the alley at the rear of the mall and the access to that area. Commissioner Hunter asked how garbage is picked up as it was his determination that trucks would have to back into the alley to the back of the mall to dump the dumpster. Commissioner Szurek expressed her concern with the parking situation at the mall indicating that there are currently a large number of people who park their cars in the s.w. corner of the mall's lot during the day and ride the bus. This practice eliminates a good number of parking spaces for the businesses at the south end of the mall. She PLANNING AND ZONING COM~II$$10N REGULAR MEETING- MINUTES MARCH 2, l ggg Page 6 suggested that if the transit hub goes forward, that there be an area designated for "park and ride" patrons and that the other areas of the parking lot be posted as far as limited parking hours so there is some control. Commissioner Ramsdell opened the public hearing. Robert Grootwassink and Mark Hotzler, co-owners of the Columbia Heights Mall, were present. Mr. Grootwassink stated that the elimination of th~.= common area of the mall will eliminate loitering, clean up the area, cut tenant costs for cleaning, etc., and provide customer convenience with the front door visible from the parking lot. Commissioner Hunter asked the locations of the other malls that they have rehabilitated. Mr. Hotzler stated that the properties are in Little Canada, Burnsville and a portion of the Lakeville Mall. Since they have taken over, he stated that there has been zero vacancies and are very successful. In this case, they will be enlarging some of the tenant spaces, the utilities will be separate and each space will have a rear exit. Commissioner Hunter asked if the canopies will be eliminated. Mr. Grootwassink responded that they will be eliminated. The dumpsters were discussed. Mr. Hotzler stated that at this time each business has their own dumpster and pays for them separately. Commissioner Ramsdell closed the public hearing as no one was present to speak regarding this case. Motion by Fowler, seconded by Hunter, to approve the site plan to allow the build-out of the Columbia Heights Mall at 4001 Central Avenue, subject to the following conditions: Approval is subject to review and approval of building plans by the Building Official, City Planner, Fire Department and the Anoka County Health Department. Tim reconfiguration of the mall shall be done in a manner that meets minimum parking requirements, or application for variances will need to be made. Staff refer to the City Attorney regarding whether a variance would be necessary for the dumpster enclosure issue. Voice Vote: All Ayes. Motion passed. PLANNING AND ZONING COMMISSION g~.r~l.lLAg M,F.F_T[N~ - ~N~J3-rr.S MARCH 2, 1999 Page 7 STAFF REPORTS: Mr. Hollman reviewed the proposal for an amendment to Section 9.117A(10(b)(i) of the Sign Ordinance forwarded to the Commission by the City Council after their review during a work session and the City Council meeting of February 22, 1999. He indicated that there is some concern among the City Council about the signage requirements in the Zoning Ordinance lacking flexibility and the strict square footage requirements. He added that the entire Sign Ordinance is subject to revision during the rewrite of the Zoning Ordinance. However, this amendment will allow a more timely resolution to the immediate concerns. He stated that the City Council established March 8, 1999 as the public hearing date for the second reading of the proposed amendment and they directed staff to bring this issue to the Planning and Zoning Commission for review and discussion Commissioner Ramsdell stated that he would like to see a percentage of the wall size used in the calculation of the signage as 10 to 20 percent seems to be a common amount used by other cities. He added that this could be considered during the total rewrite of the Zoning Ordinance. Commissioner Hunter agreed stating that he is in favor of improving requirements that will support businesses. Commissioner Szurek stated that "if you don't safeguard an ordinance, you have trouble implementing the ordinance requirements on non-conforming areas". It was the consensus of the Cornmission that the proposed amendment is necessary at this time. MOTION by Hunter, seconded by Szurek, to adjourn the meeting at 7:55 p.m. Voice Vote: All Ayes. Motion passed. Secretary to the Planning and Zoning Commission kp