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April 26, 1999 Regular
AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, APRIL 26,1999 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 ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA 4. CONSENT AGENDA A. Approval of Consent Agenda 1) Minutes for Approval 2) Transfer of Funds from General Fund to Police Department to Repay Overtime Fund 3) Award Bid on Refinishing Wood Floor in Murzyn Itall 4) Replacement of Shop Air Compressor 5) Acquisition of Pan & Tilt Camera for PW Utility Department 6) Authorization to Obtain Surveying Services 7) Removal and Replacement of Used Oil Tank 8) Community Bulletin Board 9) Approval of Final Plans/Specifications and Authorization to Seek Bids for 1999 Alley Project 10) Transfer of Funds to Repay Overtime Fund 11) Approve Payment of Matching Funds for Joint Grant with Fridley Police Department 12) Approval of License Applications 13) Payment of Bills 14) Set Hearing Date - Currency Exchange, 4110 Central Avenue 15) Res. No. 99-52; 1999-2000 PMA Memorandum of Understanding 16) Establish Council Work Session 17) Quarterly Meeting - Columbia Heights-Fridley Councils &ISD #13 School Board 5. RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS AND GUESTS A. Pro¢!m~ation - 100th-A~ivers~4~r o£ V.F.W. B. Presentations - VFW Post #230 and 1998 Anoka County Recycling Award 6. PUBLIC HEARINGS A. Res. Nos. 99-27 and 99-30; Alleys in the 1999 Alley Rehabilitation Program B. Res. No. 99-50; Public Hearing for Petitioned Alley C. Close Public Hearing - Rental License at 981- 43 1/2 Avenue, M. Khan 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Res. No. 99-21 Adoption of Alley Rehab. Program & Approval of Alley Assessment Policy 2) Second Reading of Ordinance No. 1388 - Council Salaries 3) Second Reading of Ordinance No. 1389 - Mayor Absences B. Bid Considerations None C. Other Business 1) SACA Lease 2) Res. No. 99-51; Final Plat Approval, Conoco, 3701 Central Avenue 3) Purchase of New Computers for New Records System 4) Space Needs Study Committee 5) Advertise Sale of 4519-4521 and 4642-4644 Taylor Street Northeast 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) April 6, 1999 Library Board of Trnstees 2) April 6, 1999 Planning and Zoning Commission 3) April 15, 1999 Telecommunications Commissin 10. CITIZEN FORUM TO ADDRESS THF, COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOURNMENT WF/js CITY OF COLUMBIA HEIGHTS 590 40TH AVENUe N.E., COlUmBIA HEigHTs, MN 55421-3878 (612) 782-2800 TDD 782-2806 Mayor Gary L. Peterson Councilmembers Donald G. Jolly John Hunter Marlaine Szurek Julienne Wyckoff ADM~NISTRA TION APRIL 23, 1999 City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, April 26,1999 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) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 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 as presented of the following meetings: a) March 29, 1999 Special Council Meeting, b) April 12, 1999 Regular Council Meeting, c) April 13, 1999 Public Improvement Hearing as presented. 2) Transfer of Funds From General Fund to Police Department to Repay Overtime Fund MOTION: Move to transfer $684, the total amount received from Columbia Heights Independent School District #13 for off duty security worked, from the General Fund to the Police Department 1999 budget under line #1020, police overtime. 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 3~Award Bid on Refinishing Wood Floor in Murzyn Hall MOTION: Move to authorize staffto award the bid on sanding and refinishing the wood floor in Mmzyn Hall to Schaefer Hardwood Floors, Inc., 3008 Bryant Avenue South, Minneapolis, Mn., for the total mount of $5,402 with fimds being appropriated from 101-45129-4000. 4) Replacement of Shop Air Compressor MOTION: Move to replace the shop air compressor with a Saylor-Bean Model from Air Compressors Plus of Chanhassen, Minnesota, for an installation price of $7,695 including trade-in, with funds allocated from 434-49950-5180. 5) Acquisition of a Pan & Tilt Camera for PW Utility Department MOTION: Move to approve the purchase of a Pan and Tilt Color Sewer Television Camera from Aries Industries, Inc. in the amount of $14,567 with funding to be appropriated from Public Works Sewer Fund 602-49450-5180. 6) Authorization to Obtain Surveying Services MOTION: Move to award surveying services to Pioneer Engineering of Blaine, Minnesota, with the project to establish City-wide horizontal and vertical control for a total of $2,080.00 from Engineering Fund 101-43100-3050 and $2,720 from State Aid Fund 212-43100-3050 with additional surveying services as required at published hourly rates, to be charged back to specific projects. 7) Removal and Replacement of Used Oil Tank MOTION: Move to authorize the Mayor and City Manager to approve contract with Determan Tank for the removal and replacement of tank for used oil, payments and reimbursements be made from the Refuse Fund. 8) Community Bulletin Board MOTION: Move to authorize expenditure of $3,795.00 to Universal Sign Company for the replacement of the reader board and covers of the Community Bulletin Board with funds from the Council Contingency Fund 101-41110-8100. 9) Approval of Final Plans and Specifications and Authorization to Seek Bids for the 1999 Alley Improvement Project MOTION: Move to approve the Plans and Specifications for the 1999 Alley Improvement Projects and authorize staff to seek bids for the same. 10) Transfer of Funds to Repay O.T. Fund MOTION: Move to transfer $5,016, the total amount received from Norwest Bank for offduty security worked, from the General Fund to the Police Department 1999 Budget under line 1020, police overtime. 11) Approve Payment of Matching Funds for Joint Grant with Fridle¥ Police Department MOTION: Move to approve paying the City of Fridley Police Department $10,896 as the City's share of the 25 percent match to pay for an electronic ten-printer system and a photo capture imaging system, which is a shared purchase between Fridley, Spring Lake Park, and Columbia Heights, with funding to come from the Police Department's law enforcement block grant #276-42110. Page 2 12) Approval of License Applications MOTION: Move to approve the license applications as listed. 13) Pa_wnent of Bills MOTION: Move to approve payment of the bills as listed out of proper funds. 14) Set Public Heating Date - Currency Exchange - 4110 Central Avenue Northeast MOTION: Move to establish a hearing date of May 24, 1999 for review of resolution to approve the currency exchange license application at 4110 Central Avenue Northeast. 15) Resolution No. 99-52 Regarding 1999-2000 PMA Memorandum of Understanding MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-52 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 1999 - December 31, 2000. 16) Establishing Council Work Session MOTION: Move to establish Monday, May 17, 1999 at 6:15 p.m. as the date and starting time for a Council work session. 17) Quarterly Meeting, Columbia Heights/Fridley Ci_ty Councils and ISD #13 School Board MOTION: Move to schedule a quarterly meeting of the Columbia Heights City Council, the Fridley City Council and ISD #13 School Board for Thursday, May 20, 1999 at 6:30 p.m. at the Fridley Community Center. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamation 1) 100th Anniversary of the V.F.W. B. Presentations 1) V.F.W. Post #230 Presentation, Commander Jerry Wegscheid and Past Commander Bruce Nawrocki 2) 1998 Anoka County Recycling Award 6. PUBLIC HEARINGS A. Resolution Nos. 99-27 and 99-30; Continuation of Public Improvement Heating for Two Alleys in the 1999 Alley Rehabilitation Program (from March 29~ Public Hearing) 1) MOTION: Move to waive the reading of the resolution there being ample copies available for the public. Page 3 MOTION: Move to adopt Resolution No. 99-27 which orders the vacation of an alley, generally described as 40m to 41st Avenue, N-S Alley to Jefferson Street, and retaining a drainage and utility easement. 2) MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-30 which orders the improvements of an alley, generally described as Jackson Street to Van Buren Street, 150 feet north of 44th Avenue to 45th Avenue. B. Resolution No. 99-50; Public Heating for Petitioned Alley MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-50 which orders the improvement for the petitioned alley, 4th to 5th Streets, 52nd to 53rd Avenues (south half). C. Close Public Hearing - Rental License, 981 43 ½ Avenue Northeast, M. Khan MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Mohammed Khan regarding rental property at 981 43 ½ Avenue in that the property is in compliance with the Housing Maintenance Code. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 99-21 Adoption of an Alley Rehabilitation Program and Approval of Alley Assessment Policy MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-21 being a resolution establishing an Alley Rehabilitation Program and Alley Assessment Policy. 2) Second Reading of Ordinance No. 1388 - Council Salaries MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to approve Ordinance No. 1388 being an ordinance amending Chapter 2, Section 13 of the Charter of the City of Columbia Heights pertaining to Mayor/Council salaries. 3) Second Reading of Ordinance No. 1389 - Mayor Absences MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. Page 4 MOTION: Move to approve Ordinance No. 1389 being an ordinance amending Chapter 2, Section 10 of the Charter of the City of Columbia Heights pertaining to the absence of the Mayor. B. Bid Considerations None C. Other Business 1) SACA Lease Will be drafted by the City Attorney. 2) Resolution No. 99-51; Final Plat Approval - Conoco, 3701 Central Avenue MOTION: Move to waive the reading of Resolution No. 99-51 there being ample copies available for the public. MOTION: Move to adopt Resolution No. 99-51 being a resolution approving the final plat for Bobby and Steve's Autoworld. 3) Purchase of New Computers for New Records System MOTION: Move to authorize the purchase of eighteen (18) personal computer work stations from Wybrite at a cost of $1,358 per work station, plus tax. 4) Space Needs Study Committee MOTION: Move to direct staff to establish a Space Needs Study Committee consisting of Councilmembers Szurek and Wyckoff; the City Manager, Police Chief, Library Director, Public Works Director and Commtmity Development Director; and £our citizen members to be Paul Bona, Jo-Anne Student, Bruce Magnuson and Roger Peterson; and furthermore, to authorize said Committee to oversee all aspects of the Space Needs Study and submit recommended implementation strategies to the City Council on or before November 1, 1999. 5) Advertise Sale of 4519-4521 and 4642-4644 Taylor Street Northeast EDA RECOMMENDED MOTION: Move to authorize staff to advertise the sale of the property located at 4519/4521 Taylor Street with a list price of $50,000 and 4642/4644 Taylor Street with a list price of $70,000, subject to conversion of the existing structures to single family homes and construction of a 22 foot by 22 foot garage at 4519/4521 Taylor Street. ALTERNATE MOTION: Move to authorize staffto take all steps necessary to advertise the "as is" sale of the property located at 4519/21 Taylor Street NE with a minimum bid price of $ subject to construction of a minimum 20 foot by 20 foot garage and 4642/44 Taylor Street NE with a minimum bid price of $ Page 5 · ALTERNATE MOTION: Move to authorize staff to take all steps as necessary to complete the "as is" sale of 4519/2]t and 4642/4644 Taylor Street NE to John Utke for $120,000 or $110,000 subject to construction ora nfinimum 20 foot long by 20 foot garage at 4519/21 Taylor Street NE. 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) April 6, 1999 Library Board of Trustees 2) April 6, 1999 Planning and Zoning Commission 3) April 15, 1999 Telecommunications 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 Cormcil Meeting. Walter Fehst, City Manager WF/js Page 6 OFFICIAL PROCEEDINGS COLUMB~ HEIGHTS CITY COUNCIL SPECIAL COUNCIL MEETING MARCH 29, 1999 1. ROLL CALL Mayor Peterson called the Special Council Meeting to order at 6:30 p.m. Present were Mayor Peterson and Councilmembers Szurek, Jolly and Wyckoff. 2. PURPOSE OF THE SPECIAL MEETING Mayor Peterson stated there were two items of business for this special meeting; appointment to fill the Council vacancy and consideration of Resolution No. 99-42. He noted that the first person appointed to the vacancy was not able to accept because of personal reasons. 3. RESOLUTION NO. 99-24 - APPOINTMENT OF RESIDENT TO COUNCIl', VACANCY Councilmember Szurek nominated Gary Larson to fill the Council vacancy. There was no second to this nomination. Councilmember Wyckoff offered the name of John Hunter for consideration. Discussion followed regarding these nominations. It was recognized that these were both qualified people. 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. 99-24 BEING A RESOLUTION CALLING FOR APPOINTMENT TO UNEXPIRED CITY COUNCIL TERM WHEREAS, on January 11, 1999, the City Council declared a vacancy on the City Council as a result of Gary Peterson being elected as Mayor; and WHEREAS, the City Council published notice of intention to accept applications for the vacancy on the City Council until February 25, 1999, at 4:45 p.m. WHEREAS, pursuant to the City Charter, the City Council may appoint an eligible person to fill the vacancy on the City Council until the next regular municipal election. SPECIAL COUNCIL MEETING MARCH 29, 1999 PAGE 2 NOW, THEREFORE, THE CITY OF COLUMBIA HEIGHTS CITY COUNCIL RESOLVES: That John Hunter shall be appointed to the City Council to fill the vacancy of the remainder of Gary Peterson's term, that term being a term to end the first Monday of January, 2001. o That the appointment of John Hunter shall take effect upon administration of the official oath of the City. Passed this 29th day of March, 1999. Offered by: Seconded by: Roll call: Wyckoff Jolly Jolly, Wyckoff, Peterson - aye Szurek - present Jo-Anne Student, Council Secretary Mayor Gary L. Peterson 4. RESOLUTION NO. 99-42 - REPEAL OF SALES TAX FOR LOCAl, GOVERNMENT PURCHASES The City Manager advised that the League of Minnesota Cities had contacted its member cities regarding legislation which would eliminate sales tax being paid on local government purchases. They requested all cities to adopt a resolution stating its opposition to this tax and forward their positions to their local legislators. The City Manager noted that he would advise the Council, via the green sheet, of the total sales tax dollars paid on purchases made by Columbia Heights. Motion by Jolly, second by Wyckoffto waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes SPECIAL COUNCIL MEETING MARCH 29, 1999 PAGE 3 RESOLUTION NO. 99-42 - A BEING A RESOLUTION SUPPORTING REPEALOF THE STATE SALES TAX FOR LOCAL GOVERNMENT PURCHASES WHEREAS, the Legislature imposed the sales tax on local governments in 1992 when facing a significant state budget deficit; and WHEREAS, the state government has collected hundreds of millions of dollars in sales tax since 1992 on local government purchases of items such as road maintenance equipment, wastewater treatment facilities, and building materials; and WHEREAS, the sales tax on local government purchases is passed on to residents in the form of higher property taxes and fees; and WHEREAS, the state's financial picture has improved dramatically and the need for the sales tax no longer exists; and WHEREAS, Minnesota is one of only seven states which impose sales tax on local government purchases; and WHEREAS, imposing the sales tax on local government purchases is an inefficient way to raise state revenues, especially where sales tax is paid for bonding projects with accompanying interest costs; NOW, THEREFORE, BE IT RESOLVED, that the Columbia Heights City Council encourages its state legislators to support the repeal of the sales tax on local governments. Passed this 29th day of March, 1999. Offered by: Jolly Seconded by: Peterson Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary SPECIAL COUNCIL MEETING MARCH 29, 1999 PAGE 4 3. ADJOURNMENT Motion by Jolly, second by Szurek to adjourn the Special Council Meeting at 6:45 p.m. Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 12, 1999 I. CALL TO ORDER/ROLL CALT, Mayor Peterson called the meeting to order at 7:00 p.m. Present were Mayor Peterson and Councilmembers Szurek, Jolly, Wyckoff and Hunter. Mayor Peterson introduced and welcomed the newly-appointed Councilmember, John Hunter. The Mayor extended sympathies on behalf of the Council to Walt Fehst, the City Manager, on the passing of his father. Sympathies were also extended to Bruce Nawrocki, a former Councilmember and Mayor, on the passing of his mother. 2. PLEDGE OF ALLEGIANCE 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.) The City Manager requested the location for the Goal Setting Retreat be added to item 4-A-13. 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 by Jolly, second by Szurek to approve the following items on the Consent Agenda: 1) Minutes for Approval The Council approved the minutes of the the following meetings: March 22, 1999 Regular Council Meeting, March 25, 1999 Joint Meeting of the City Council and the Charter Commission, March 29, 1999 Public Improvement Hearing and the April 5, 1999 Board of Review. 2) Upgrade of Liquor Store Cash Register Software The Council authorized the Mayor and City Manager to enter into an agreement with Retail Data Systems for the upgrading of the cash register systems in the liquor stores to make them year 2000 compliant at a cost not to exceed $10,012, with funding coming fi.om the municipal liquor fund. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 2 3) Transfer of Funds to Repay O.T. Fund The Council authorized the transfer of $2,508, the total amount received from Norwest Bank for offduty security worked, from the General Fund to the Police Department 1999 Budget under line 1'020, police overtime. 4) Transfer of Funds to Repay O.T. Fund The Council authorized the transfer of $5,016, the total amount received from Norwest Bank for offduty security worked, from the General Fund to the Police Department 1999 Budget under line 1020, police overtime. 5) Seek Authorization to Pm'chase 618 T-Shirts and 384 Baseball Caps From Taho Sportswear/Saturn Screenprinting The Council authorized staffto purchase t-shirts and baseball caps from Taho Sportswear/Saturn Screenprinting. 6) Resolution No. 99-43 Regarding the Labor Agreement Between the City and the Teamsters - Police Officers The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 99-43 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE OFFICERS WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1999 and 2000: WI-[EREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 12th day of April, 1999. Offered by: Jolly Seconded by: Szurek Roll call: All ayes REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 3 7) Resolution No. 99-44 Regarding the Labor Agreement Between the City and the Teamsters - Sergeants The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 99-44 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTER_S, LOCAL 320, POLICE SERGEANTS WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1999 and 2000; WHEREAS, a copy of said contract is available for inspection at the Office of the Cit Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1999 and 2000 for Teamsters, Local 320-Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 12th day of April, 1999. Offered by: Jolly Seconded by: Szurek Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 8) Resolution No. 9945 Regarding Labor Agreement Between the City and IUOE The reading of the resolmion was waived there being ample copies available for the public. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 4 RESOLUTION NO. 99-45 REGARDING LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 WHEREAS, negotiations have proceeded between the International Union of Operating Engineers (IUOE), Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1999 and 2000. WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1999 and 2000 for IUOE bargaining unit employees of the City; amd BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 12th day of April, 1999. Offered by: Jolly Seconded by: Szurek Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 9) Conditional Use Permit - 2261 37th Avenue Northeast The Council approved the conditional use permit to allow the operation ora temporary green house and flowering plant sales tent at 2261 37th Avenue Northeast, subject to the following conditions: 1) A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. 2) The tent cannot be placed on the site until April 13, 199 and shall be removed by July 31, 1999. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 5 10) ,Variance Request - 4721 Fifth Street Northeast The Council approved the variance of two feet at 4721 Fifth Street because of tree location and topography on the property create a hardship, subject to the following conditions: 1) an application for a building permit shall be submitted within three days of City Council action; 2) a fire wall shall be constructed that is in compliance with the State Building Code 3) double fees for the building permit will be paid; and 4) all applicable Building Code requirements will be met and in full compliance. 11) Conditional Use Permit - 4220 Central Avenue Northeast The Council approved the conditional use permit to allow retail sales on the property at 4220 Central Avenue Northeast, #207, subject to the following conditions: 1) all required state and local codes, permits, licenses and inspections will be met and in full compliance 2) all proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance 12) Authorize Pawnent of Project Safety Net Fee The Council approved the payment to the City of Fridley for Project Safety Net the amount of $6,000 to cover the City's share of costs for this program, with funding to come from the 1999 Minnesota Department of Economic Security, Juvenile Accountability Block Grant Fund #278-42-101. 13) Scheduling Annual Goal Planning Retreat The Council scheduled the Annual Goal Setting Retreat for the City Council, division heads and department heads for Monday, May 3, 1999 at 6:00 p.m. at the Senior Center in Mmzyn Hall. 14) Request Authorization for Fireworks Display and to Seek Bids for the 1999 Jarnborca Fireworks The Council authorized fireworks on Saturday, June 26, 1999 in conjunction with the Jamboree activities and authorized the seeking bids for a $6,000 fireworks display with $2,000 appropriated from Fund 101-45040-4378. 15) Award of 1999-2000 Tree Planting Program The Council awarded the 1999-2000 tree planting contract to Greenworks, Inc. of Loretto, Minnesota, the lowest, qualified, responsible bidder for the unit prices submitted in their proposal dated March 25, 1999, up to an amount of $27,750.00 and authorized the Mayor and City Manager to enter into an agreement for the same. REGULAR COISNCIL MEETING APRIL 12, 1999 PAGE 6 16) Resolution No. 99-47 Being a Resolution Ordering the Preparation of Reports and Setting a Hearing Date for a Petitioned Alley Improvement The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 99-47 BEING A RESOLUTION DECLARING THE ADEQUACY OF A PETITION AND ORDERING PREPARATION OF REPORT ON ALLEY 12VIPROVEMENTS WITH COMPLETE CONSTRUCTION WHEREAS, a petition signed by 9 of 10 abutting property owners, was received to make improvement to the south half of the alley from 52nd to 53~ from 4th to 5th, under the 1999 Alley Improvement Program, and 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, and NOW, THEREFORE, 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. AND BE IT FURTHER RESOLVED that the petition received represents greater than fifty percent of the property having frontage along the alley and therefore the petition is declared adequate. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on the 26t~ day of April, 1999 in the Council Chambers located at 590 40th Avenue NE, at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvements as required by law. Dated this 12th day of April, 1999. Offered by: Jolly Seconded by: Szurek Roll call: All ayes REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 7 17) Award of 1999 Street and Parking Lane Striping Project The Council awarded the 1999 Street and Parking Lane Striping project to Precision Pavement Marketing, Inc. of Rogers, Minnesota, based upon their low, qualified, responsible bid in the amount of $6,074.60 with $5,244.18 to be appropriated from Fund 212-43190-4000 and $830.42 to be appropriated from Fund 101-43170-4000 and the Council also authorized the Mayor and City Manager to enter into a contract for the same. 18) Authorization to Purchase Fire Chief Vehicle This item was removed from the Consent Agenda at the request of a resident. 19) Attendance of the Finance Director at the Annual GFOA Conference The Council authorized the attendance of William Elrite, Finance Director, at the Annual Government Finance Officers' Association Conference from May 23-26, 1999 and authorized that all related expenses be reimbursed from Fund 101-41510. 20) Establish Hearing Date for License Revocation - Rental Property The Council established a hearing date of April 26, 1999 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Mohanuned Khan at 981 43 ½ Avenue Northeast. 21) First Reading of Ordinance No. 1389 being an Ordinance Amending City Charter Regarding Mayor/Council Salaries The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1388 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 13 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO MAYOK/COUNCIL SALARIES The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 13, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: The mayor shall receive a salary of Twenty-five Dollars ($25.00) per month, and the council members shall each receive a salary of Fifteen Dollars ($15.00) per month and in addition thereto when the council meets as a Board of Equalization, the members shall receive not to exceed One Dollar ($1.00) per hour. The city manager and all subordinate officers and employees of the city shall receive such salaries or wages as may be fixed by resolution of the council. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 8 IS HEREWITH AMENDED TO READ AS FOLLOWS: The mayor and council members shall by ordinance fix their own salaries in such amount as they deem reasonable. No change in salary shall take effect until after the next succeeding municipal election. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: April 12, 1999 The Council scheduled the second reading of Ordinance No. 1388 for Monday, April 26, 1999 at approximately 7:00 p.m. 22) First Reading of Ordinance No. 1389 Being an Ordinance Amending CiW Charter Regarding the Mayor The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1389 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 10 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE MAYOR The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 10, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 2, SECTION 10. THE MAYOR. The mayor shall be the presiding officer of the council, except that a president pro tempore shall be chosen who shall serve as president in the mayor's absence. The mayor shall exercise all powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city, and the laws of the state. The mayor shall have the appointment, control and direction of all police officers of the city, and shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. In the event of a vacancy in the office of mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except in the case of a recall, the vacancy shall be filled, in the manner provided by this charter. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 9 IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 2, SECTION 10. THE MAYOR. The mayor shall be the presiding officer of the council, and shall exercise all powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city, and the laws of the state. A president pro tempore shall be chosen who shall serve as president in the mayor's absence, and who shall, in the mayor's absence, exercise all powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city and the laws of the state. In the absence of both the mayor and the president pro tempore, the council member with the most seniority (as determined by consecutive uninterrupted years of service to date) shall exercise and perform said powers and duties. The mayor shall have the appointment, control, and direction of all police officers of the city, and shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. In the event ora vacancy in the office of mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except in the case of a recall, the vacancy shall be filled in the manner provided by this charter. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: April 12, 1999 The second reading of Ordinance No. 1389 was scheduled for Monday, April 26, 1999 at approximately 7:00 p.m. 23) Approval of Pagrnent of Bills The Council approved payment of the bills as listed. 24) License Application Approval The Council approved the license applications as listed by the License Clerk and approved the rental housing license applications as stated in the memo from the Fire Chief dated March 19, 1999. 25) Appointment to Technical Advisor~ Committee - Northstar Corridor Development Authori _ty The Council appointed Kevin Hansen, Columbia Heights Public Works Director/City Engineer, to serve as the City's representative to the Northstar Corridor Technical Advisory Committee. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 10 Roll call on Consent Agenda: All ayes Authorization to Purchase Fire Chief Vehicle Two residents questioned the need for tiffs purchase. They had erroneously understood that this vehicle was for the personal use of the Fire Chief. They were advised that this vehicle is used by other Fire Department personnel and also is used by the Fire Chief to go to accident or fire scenes when he is off-duty. Motion by Jolly, second by Szurek to authorize the purchase of one 1999 Ford Crown Victoria vehicle for use as a Fire Chief vehicle from Superior Ford, Inc. with funding coming from 431-42200-5150 and the Mayor and City Manager are authorized to enter into a contract for the same. Roll call: All ayes 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Newly-Hired Ci_ty Employee Police Chief, Tom Johnson, introduced Roland Sorensen, a newly-hired Police Officer. B. Arbor Month Proclamation Mayor Peterson read the Arbor Month Proclamation and presented it to the City Engineer. This is the seventh year that the City of Columbia Heights received the designation of National Tree City USA. C. National Library Week Proclamation Mayor Peterson read the National Library Week Proclamation. He presented it to two members of the Library Board and the Library Director. 6. PUBLIC HEARINGS A. Close Public Hearing - Rental Property_ at 3849 Jackson Street, J. Utke Mayor Peterson closed the public hearing regarding the revocation of the rental license held by John Utke for rental property at 3849 Jackson Street. The property is in compliance with the Housing Maintenance Code. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 11 B. Close Public Hearing - Rental Property_ at 1112 45th Avenue, T. Dang Mayor Peterson closed the public heax/ng regarding the revocation of the rental license held by Thong Dang for rental property at 1112 45th Avenue. The property is in compliance with the Housing Maintenance Code. C. Close Public Hearing - Rental Property at 4641 Tyler Street, ACCAP Mayor Peterson closed the public hearing regarding the revocation of the rental license held by A.C.C.A.P. for rental property at 4641 Tyler Street. The property is in compliance with the Housing Maintenance Code. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution Nos. 99-48 and 99-49 Awarding the Sale of General Obligation .Improvement Bonds and Utility Revenue Bond.q Motion by Wyckoff, second by Hunter to waive the reading of the resolutions there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 99-48 A RESOLUTION AWARDING THE SALE OF $860,000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1999A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.0 1. The proposal of Cronin & Company, Incorporated (Purchaser) to purchase $860,000 General Obligation Improvement Bonds, Series 1999A (Bonds) of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $853,432.60 plus accrued interest to date of delivery, for Bonds bearing interest as follows REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 12 Year of MaturiW Interest Rate Year of MaturiW Interest Rate 2001 3.45% 2006 4.00% 2002 3.55 2007 4.10 2003 3.65 2008 4.15 2004 3.80 2009 4.25 2005 3.90 2010 4.30 Tree interest rate: 4.1570% 1.0 2. The sum of $853,120 being the mount proposed by the Purchaser in excess of $853,120 will be credited to the Debt Service Fund hereinafter created. The City Clerk/Finance Director is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to remm the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.0 3. The City will forthwith issue and sell the Bonds in the total principal amount of $860,000, originally dated May 1, 1999, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-l, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: Year of Maturity Amount Year of MaturiW Amount 2001 $ 50,000 2006 $90,000 2002 105,000 2007 90,000 2003 100,000 2008 85,000 2004 95,000 2009 85,000 2005 95,000 2010 65,000 1.0 4. 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 order as the City will determine and within a maturity by lot as selected by the Registrar. All prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.0 1. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 13 2.0 2. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing February 1, 2000, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.0 3. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Regista'ar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds ora like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. ( d ) ,Cancellation. Bonds surrendered upon any transfer or exchange will be promptly canceled by the Registrar and thereafter disposed of as directed by the City. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 14 (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be canceled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 15 (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar. Failure to give notice by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank Trust National Association, Saint Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.0 5. Execution, Authentication and Delivery_. The Bonds will be prepared under the direction of the Finance Director and executed on behalf of the City by the signatures of the Mayor and the City Manager provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 16 When the Bonds have been so prepared, executed and authenticated, the Finance Director will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.0 &Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and canceled. Section 3. Form of Bond. 3.0 1.The Bonds will be printed in substantially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1999A Rate Maturity Date of Original Issue CUSIP May 1, 1999 No. $ Registered Owner: Cede & Co. Principal Sum: The City of Columbia Heights, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above or registered assigns, the principal sum specified above on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2000, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank Trust National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 17 For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. 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 order as the City will determine and within a maturity by lot as selected by the Registrar. All prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Intemal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $ 860,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on April 12, 1999 (the Resolution), for the purpose of providing money to aid in financing various local improvements within the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429 and the City's home rule charter and the principal hereof and interest hereon are payable primarily fi.om special assessments levied against property specially benefited by improvements in a special debt service fund of the City, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 18 Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home role charter to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA (Facsimile) (Facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 19 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee Section 4. Payment: Security Pledges and Covenants. 4.01. The City will create and maintain its General Obligation Improvement Bonds, Series 1999A Debt Service Fund (Debt Service Fund) which fund will be used only to pay principal of and interest on the Bonds. All Special Assessments (Assessments), levied for the improvements financed by the Bonds are hereby pledged and required to be deposited in the Debt Service Fund. The Finance Director must report any current or anticipated deficiency in the Debt Service Fund to the City Council which deficiency shall be paid fi.om the general fund of the City, to be reimbursed out of proceeds of Assessments and taxes levied hereunder when collected. There is appropriated to the Debt Service Fund all capitalized interest financed from Bond proceeds, if any, any amount over the minimum purchase price of the Bonds paid by the Purchaser and all accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 20 (a) The City Council will levy general ad valorem taxes on all taxable property in the City, when required to meet any deficiency in Assessments. (b) The City has levied and will levy and is collecting Assessments against property specially benefitted by the Improvements in accordance with the procedures of Minnesota Statutes, Chapter 429 and the City's home rule charter payable in such installments as the City Council has determined by resolution, and all payments of the Assessments will be credited to the Debt Service Fund for payment of prior principal and interest on the Bonds. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments, taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, moneys on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.0 3. At least 20% of the cost of the Improvements will be specially assessed against benefitted properties. At least 20% of the cost of the Improvements will be specially assessed against benefitted properties. It is hereby determined that the estimated collection of Assessments for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 21 5.0 1. The Mayor and City Manager are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.02. The Mayor and City Manager are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. The Mayor, City Manager and Finance Director are authorized to execute and deliver the continuing Disclosure Undertaking substantially in the form on file with the City Clerk. Section 6. Tax Covenant. 6.0 1. The City covenants mad agrees with the holders fi.om time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion fi.om gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1999) exceed the small-issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 22 6.0 3. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated mount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1999 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1999 have been designated for purposes of Section 265Co)(3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation ofCi _ty, 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 23 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the Finance Director of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the Finance Director will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The form of representation letter proposed to be submitted to DTC, which is on file with the City Clerk and presented to this meeting (Representation Letter), is hereby approved, and the City Manager is authorized to execute and deliver the Representation Letter in substantially the form on file, with such changes therein not inconsistent with law as the City Manager may approve, which approval will be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to at all times to complied with. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 24 7.0 4. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7 0. 5. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond will be made and given, respectively in the manner provided in the Representation Letter. The motion for the adoption of the foregoing resolution was duly seconded by Member Szurek, and upon vote being taken thereon, the following voted in favor thereof: Szurek, Jolly, Wyckoff, Hunter, Peterson and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. Mayor Gary L. Peterson REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 25 STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF COLUMBIA HEIGHTS ) I, the undersigned, being the duly qualified and acting Council Secretary of the City of Columbia Heights, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular [special] meeting of the City Council of the City held on April 12, 1999 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $860,000 General Obligation Improvement Series 1999A of the City. WITNESS My hand officially as such and the corporate seal of the City this 12th day of April, 1999. (SE a ) City Council Secretary Columbia Heights, Minnesota RESOLUTION NO. 99-49 A RESOLUTION AWARDING THE SALE OF $1,935,000 GENERAL OBLIGATION UTILITY REVENUE BONDS SERIES 1999B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The proposal ofCronin & Company, Incorporated (Purchaser) to purchase $1,935,000 General Obligation Utility Revenue Bonds, Series 1999B (Bonds) of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $1,921,817.30 plus accrued interest to date of delivery, for Bonds bearing interest as follows: REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 26 Year of Interest Year of Interest Maturi _ty Rate Maturity Rate 2001 3.45% 2006 4.00% 2002 3.55 2007 4.10 2003 3.65 2008 4.10 2004 3.80 2009 4.20 2005 3.90 2010 4.30 True interest rate: 4.1614% 1.02. The sum of $2,317.30 being the mount proposed by the Purchaser in excess of $1,919,500 will be credited to the Debt Service Fund hereinafter created. The City Clerk/Finance Director is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds in the total principal amount of $1,935,000, originally dated May 1, 1999, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-l, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: Year ofMatufi_ty Amount Year ofMatufitV Amount 2001 $110,000 2006 $200,000 2002 175,000 2007 210,000 2003 180,000 2008 220,000 2004 185,000 2009 225,000 2005 195,000 2010 235,000 1.0 4. 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 order as the City will determine and within a maturity by lot as selected by the Registrar. All prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.0 1. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 27 2.0 2. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing February 1, 2000, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.0 3. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) .Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly canceled by the Registrar and thereafter disposed of as directed by the City. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 28 (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other govemmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Boncl.q. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be canceled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar. Failure to give notice by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 29 2.0 4. Appointment of Initial Registrar. The City appoints U.S. Bank Trust National Association, Saint Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment ora successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.0 5. Execution, Authentication and Delivery_. The Bonds will be prepared under the direction of the Finance Director and executed on behalf of the City by the signatures of the Mayor and the City Manager provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Finance Director will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.0 6. Temporary_ Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of defirdtive Bonds the temporary Bonds will be exchanged therefor and canceled. Section 3. Form of Bond. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 30 3.0 1. The Bonds will be printed in substantially the following form: Rate [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION UTILITY REVENUE BOND, SERIES 1999B Maturi _ty Date of Original Issue May 1, 1999 Registered Owner: Cede & Co. Principal Stun: CUSIP No. The City of Columbia Heights, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above or registered assigns, the principal sum specified above on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2000, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank Trust National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. 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 order as the City will determine and within a maturity by lot as selected by the Registrar. All prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265Co)(3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. REGULAR COLrNCIL MEETrNG APRIL 12, 1999 PAGE 31 This Bond is one of an issue in the aggregate principal amount of $1,935,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on April 12, 1999 (the Resolution), for the purpose of providing money to aid in financing various improvements to the storm sewer, water and sanitary sewer system of the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 444.075 and the City's home rule charter and the principal hereof and interest hereon are payable primarily from the net revenues of the water, storm sewer and sanitary sewer system of the City in a special debt service fund of the City, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has covenanted and agreed that it will continue to own and operate the water, storm sewer and sanitary system free from competition by other like utilities; that adequate insurance on said plant and system and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Water and Sewer Fund, into which it will pay all of the gross revenues from the water, storm sewer and sanitary system; that it will also create and maintain a General Obligation Utility Revenue Bonds, Series 1999B Debt Service Fund, into which it will pay, out of the net revenues from the water, storm sewer and sanitary system a sum sufficient to pay principal hereof and interest thereon when due; and that it will provide, by ad valorem tax levies, for any deficiency in required net water and sewer system revenues. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 32 The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home rule charter to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA (Facsimile) (Facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK TRUST NATIONAL ASSOCIATION By Authorized Representative ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 33 Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage finn having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security For other identifying number of assignee Section 4. Payment: Securi _ty Pledges and Covenants. 4.01. The City will create and continue to operate its Water and Sewer Fund to which will be credited all gross revenues of the water, sanitary sewer and storm sewer system and out of which will be paid all normal and reasonable expenses of current operations of the water, sanitary sewer and storm sewer system. Any balance therein are deemed net revenues and will be transferred, from time to time, to a General Obligation Utility Revenue Bonds, Series 1999B Debt Service Fund (Debt Service Fund) hereby created in the Water and Sewer Fund, which fund will be used only to pay principal of and interest on the Bonds and any other bonds similarly authorized. There shall be transferred to the Debt Service Fund a sufficient amount to pay principal of and interest on all the Bonds, and the Finance Director must report any current or anticipated deficiency in the Debt Service Fund to the City Council. There is appropriated to the Debt Service Fund all capitalized interest financed from Bond proceeds, if any, any amount over the minimum purchase price of the Bonds paid by the Purchaser and all accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will create a storm sewer utility and will continue to maintain and efficiently operate the water, sanitary sewer and storm sewer system as public utilities and conveniences free from competition of other like utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the water and sewer system accounts as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 34 (b) (c) (d) (0 (g) (h) The City will also maintain the Debt Service Fund as a separate account in the Water and Sewer Fund and will cause money to be credited thereto fi:om time to time, out of net revenues fi:om the water, sanitary sewer and storm sewer system, respectively, in sums sufficient to pay principal of and interest on the portion of the Bonds allocable to improvements to such system when due. The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the water, storm sewer and sanitary sewer system and which will be open to inspection and copying by any bond holder, or the holder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefi:om upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. The City Council will cause persons handling revenues of the water, storm sewer and sanitary sewer system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the water, storm sewer and sanitary sewer system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. The Council will keep the water, storm sewer and sanitary sewer system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, fi:om time to time, of the Bonds and the City fi:om any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. The City and each and all of its officers will punctually perform all duties with reference to the water, storm sewer and sanitary sewer system as required by law. The City will impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. The City Council will levy general ad valorem taxes on all taxable property in the City, when required to meet any deficiency in net revenues. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 35 4.0 3. It is hereby determined that the estimated collection of net revenues for the payment of principal and interest on the Bonds will produce at least five percent in excess of the mount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.0 4. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.0 2. The Mayor and City Manager are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. The Mayor, City Manager and Finance Director are authorized and directed to execute the Continuing Disclosure undertaking substantially in the form on file with the City Clerk on the date hereof. Section 6. Tax Covenant. 6.0 1. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 36 Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1999) exceed the small-issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 6.0 3. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.0 4. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265 (b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1999 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1999 have been designated for purposes of Section 265(b)(3) of the Code. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 37 6.0 5. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation ofCi _ty, 7.0 1. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.0 2. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co.or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the Finance Director of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the Finance Director will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 38 7.0 3. Representation Letter. The form of representation letter proposed to be submitted to DTC, which is on file with the City Clerk and presented to this meeting (Representation Letter), is hereby approved, and the City Manager is authorized to execute and deliver the Representation Letter in sUbstantially the form on file, with such changes therein not inconsistent with law as the City Manager may approve, which approval will be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to at all times to complied with. 7.0 4. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.0 5. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond will be made and given, respectively in the manner provided in the Representation Letter. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 39 The motion for the adoption of the foregoing resolution was duly seconded by Member Hunter, and upon vote being taken thereon, the following voted in favor thereof: Wyckoff, Jolly, Szurek, Hunter, Peterson and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. Mayor Gary L. Peterson STATE OF MINNESOTA ) COLrNTY OF ANOKA ) SS. CITY OF COLUMBIA ) HEIGHTS ) I, the undersigned, being the duly qualified and acting Council Secretary of the City of Columbia Heights, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on April 12, 1999 with the original minutes on file in my office and the extract is a full, tree and correct copy of the minutes insofar as they relate to the issuance and sale of $1,935,000 General Obligation Utility Revenue Bonds, Series 1999 of the City. WITNESS My hand officially as such and the corporate seal of the City this 12th day of April, 1999. City Council Secretary Columbia Heights, Minnesota b. Bid Considerations None REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 40 C. Other Business 1) Appointments to Boards and Commissions Motion by Szurek second by Jolly to appoint Kevin D. Hanson to the Planning and Zoning Commission with a term expiring in April 2003. Roll call: All ayes Motion by Wyckoff, second by Szurek to appoint Robert Buboltz to the Telecommunications Commission with a term expiring in April 2000. Roll call: All ayes 2..Space Needs Study Committee Appointments The Mayor stated that this item has not been discussed by members of the Council and recommended it be tabled. Motion by Peterson, second by Szurek to table this item until the next Council work session. Roll call: All ayes 3. First Reading of Ordinance No. 1387 Being an Ordinance Regulating the Number of False Alarms Allowed in a Calendar Year 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. 1387 BEING AN ORDINANCE CREATING SECTION OF THE COLUMBIA HEIGHTS CITY CODE THAT MAKES IT UNLAWFUL TO HAVE MORE THAN THREE FALSE ALARMS WITHIN ONE (1) CALENDAR YEAR Section 10.313 False Alarm Response 1. Definitions: Alarm: Means a mechanical, electrical or an electronic device designed to .detect and/or signal; intrusion, holdup, trouble, or fare, excluding such device affixed to a motor vehicle. I:LEGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 41 bo (1) (2) False Alarm: Means an alarm signal when response by the police and/or fire departments are not in fact required, but excluding an alarm caused by storm or other conditions beyond the reasonable control of the alarm or alarm user. False alarms signaled within a 24-hour period of the original false alarm will not be counted as additional alarms, to allow for the repair and/or correction of the malfunction. The Columbia Heights Police will document all police false alarms for the purpose of enforcing this ordinance and the Columbia Heights Fire Department will document all fire false alarms for the purpose of enforcing this ordinance. Exception: Federal and/or State agencies and political subdivisions of the Federal or State government shall be exempt from the payment of any permit, fees, and/or false alarm charges otherwise provided for by this ordinance. A fee shall be payable to the Ci_ty of Columbia Heights for the third response and each subsequent response within one calendar year by the Police and/or Fire Department to an automatic alarm device triggered other than by reason of criminal activity and/or fire (false alarm). The fee shall be set by resolution ° The City shall have the power to collect such fee by whatever mean~ necessary_, including the issuance of ordinance violation summons for failure to comply with requirements of this section within seven (7) working days of receiving notice of payment due. The person responsible for the payment of such fee is the person to be cited. A petty_ misdemeanor. o Liabili _ty of City: The regulation of alarm response shall not constitute acceptance by the City of liability to maintain equipment, to answer alarmg~ or to repond to alarms in any particular manner. Motion by Jolly, second by Szurek to schedule the s~ond reading of Ordinance No. 1387 for May 10, 1999 at approximately 7:00 p.m. Roll call: All ayes 4. Denial of License Application - Tropical Concepts, 4056 Central Avenue Northeast A representative of the City's Licensing Department gave the background of this business's license application and the ensuing activities. Based on the findings of the Humane Society's inspector and the City's Building Official, denial of the license is being recommended. REGULAR COUNCIL MEETING\ APRIL 12, 1999 PAGE 42 Discussion continued regarding the operation of the business, the criteria to be met before a license could be approved and the recommendations of interested parties. It was noted that the business currently has no valid license and should not be open for business. The City Attorney advised that if the business operates it is liable for a misdemeanor charge on a daily basis. Staff has attempted on a frequent basis to be of assistance to the business owner. Motion by Szurek, second by Jolly to deny the license to allow a pet shop operation at 4056 Central Avenue until such time the operation is brought into compliance with the requirements of Section 5.104 of the License Ordinance and a favorable inspection report is received from the Humane Officer. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City Manager 1) The City Manager reminded the Council of the Lions Club Pancake Breakfast on Sunday, April 18th. He requested Council direction to have an information table at the Breakfast for distributing information regarding a proposed community center. All felt this would be appropriate. 2) The issue of a community center will be on the agenda of the April 19' Council work session. 3) The City Manager is unable to attend the April 14th North Metro Mayors Association Annual Meeting. He suggested that someone on the Council may choose to take his place. 4) The City Manager read the memo received from the City Attorney regarding the Open Meeting Law. B. Report of the Ci_ty Attomey The City Attorney had nothing to report. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) March 24, 1999 Park and Recreation Commission Meeting minutes were in the agenda packet. No Council action was necessary. Mayor Peterson acknowledged the $100 contribution made by the Christopher Toastmasters to the Commission. They hold their meetings at Murzyn Hall. REGULAR COUNCIL MEETING APRIL 12, 1999 PAGE 43 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A resident requested police patrolling of the City be increased to accommodate his perception that there is an increase in criminal activity. 11. ADJOURNMENT Motion by Wyckoff, second by Jolly to adjourn the Council Meeting at 8:55 p.m. Roll call: All ayes Respectfully submitted, Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL PUBLIC IMPROVEMENT HEARING APRIL 13, 1999 1. CALL TO ORDER/ROLL CALl, The Mayor called the Public Improvement Hearing to order at 7:00 p.m. Present were Mayor Peterson and Councilmembers Jolly, Wyckoff and Hunter. Absent was Councilmember Szurek. 2. PUBLIC IMPROVEMENT HEARING FOR 1999 AIJ,F,Y SEAL COAT A. Presentation of Information for Project 9901 by Ci_ty Staff The Public Works Director reviewed the proposed alley maintenance project which will include repairs and seal coating. The work will be done by City crews. Notices of this hearing were sent to the owners of the 1,200 parcels involved in the project area. All of the associated costs will be assessed to the benefitting properties with a one year payment period. B. Questions/Comments from City Council and Public, Councilmember Hunter inquired if this were a preventative maintenance exercise. The response was that that is correct. The property owner at 4408 Fourth Street requested the assessment payment process be explained. The owner of the property at 662 40th Avenue advised that the alley behind his home experiences water ponding after a hard rain. He requested staff from Public Works view this. Councilmember Hunter inquired if there were a payment process available for senior citizens on limited income. Staffresponded that this type of payment arrangement is not available for a one year project. Discussion followed regarding the interest rate available for assessments. Mayor Peterson closed the Public Hearing at 7:30 p.m. PUBLIC IMPROVEMENT HEARING APRIL 13, 1999 PAGE 2 3. CONSIDERATION OF RESOLUTION NO. 99-42 Motion by Jolly, second by Wyckoff to waive the reading of the resolution there being ample copies available to the public. RESOLUTION NO. 99-42 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, the City of Columbia Heights City Council by motion on the 22nd day of March, 1999, fixed a date for a council hearing on the proposed improvement of bituminous alleys AND WHEREAS, ten days mailed notice and twice published notice of the hearing was given, and the hearing was held thereon the 13th day of April, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments trader Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: Seal coating bituminous City alleys listed below. ALLEY PROJECT LIMITS 2. 3. 4. 5. 6. 7. 8. 9. 10. Main and 2na Main and 2nd 2nd and 2 ½ 2nd and 2 ½ 2 ½ and 3rd 3ra and TH 47 University and 4th University and 4th University and 4th 4th and 5th 37th to 38th 38th to 39th 37th to 38th 38th to Edgemoor 37th to 38th 44th to 45th ** South of 44th (128' at south end) 44th to 45th 49th to 50th 47th to 48th PUBLIC IMPROVEMENT HEARING APRIL 13, 1999 PAGE 3 11. 4th and 5th 12. 4th and 5th 13. 4th and 5th 14. 5th and 6th 15. 5th and 6th 16. 5th and 6th 17. 5t~ and 6th 18. 5t~ and 6th 19. 6t~ and 7th 20. 6t~ and 7th 21. Washington and Jefferson 22. Jefferson and Madison 23. Madison and Monroe 24. Madison and Monroe 25. Madison and Monroe 26. Monroe and Quincy 27. Monroe and Quincy 28. Monroe and Quincy 29. Monroe and Quincy 30. Quincy and Jackson 31. Jackson and Van Buren 32. East of Jackson 33. Jackson and Van Buren 34. Jackson and TH 65 35. Van Buren and TH 65 36. Van Buren and TH 65 37. West of TH 65 38. Van Buren and TH 65 39. 37th and 38th 40. 39th and 40th 41. 37th and 38th 42. Madison and Madison 43. 37th and 38th 44. 39th and 40th 45. 39th and 40th 46. West of Reservoir 47. Tyler and Polk 48. Tyler and Polk 49. Polk and Taylor 50. Taylor and Fillmore 51. Taylor and Fillmore 49th to 50th 50th to 51st 51st to 52na 41st to 42nd 47th to 48th 48th to 49th 50th to 51st 52nd ~tO 53rd 41st to 42nd ** 51st to 52nd 41st to 42nd 49th to 50th 40th to 41st 42x~a to 43ra 49th to 50th Monroe to 41st 41st to 42nd 42nd to 43':d 44th to 45th 342' North of 41st to 42nd 40th to 41st South of 42na 42nd to 43ra 49th to 50th 39th to 40th South of 41st 4Vt to 120' South of 42nd 42nd to 43rd 37th to Madison P1 Mill to Jefferson Madison to Madison E-W Alley to 38th West of Quincy ** Jefferson to Quincy Quincy to N-S Alley ** Gould to 40th 45th to 46th 46th to 47th 46th to 47th 45th to 46th ** 46th to 47th PUBLIC IMPROVEMENT HEARING APRIL 13, 1999 PAGE 4 52. Parkview and 47th 53. Reservoir and Tyler 54. Tyler and Polk 55. Tyler and Polk 56. 39th and 40th 56. Tyler and Polk 57. Polk and Buchanan 58. Polk and Johnson 59. 39th and 40th 60. Cleveland and Stinson 61. South of Fairway 62. Heights and Stinson Parkview to Parkview 37th to 39th 37t~ to 39th 39th to North N-S Alley to Polk 41st to 42na South of Buchanan North of 39th N-S Alley to East North of 41st West of Chatham 45th to Heights ** Alleys constructed within the last 8 years. Owners not accessed for this seal coat. Work would include spot curb and gutter replacement, crack sealing, bituminous surface patching and seal coat application. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the Council Motion on the 22na day of March, 1999. 4. These improvements shall also be known as P.I.R. #979 and #1003 - Project 9901. o Kevin Hansen is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement and advertise for bids. Adopted by the Council this 13th day of April, 1999. Offered by: Jolly Seconded by: Hunter Roll Call: All ayes PUBLIC IMPROVEMENT HEARING APRIL 13, 1999 PAGE 5 CITY OF COLUMBIA HEIGHTS Gary L. Peterson, Mayor Jo-Anne Student, Deputy City Clerk 4. ADJOURNMENT Motion by Hunter, second by Wyckoffto adjourn the Public Improvement Hearing at 7:35 p.m. Roll call: All ayes Respectfully submitted, Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of April 26, 1999 AGENDA SECTION: Consent ORIGINATING DEPARTMENT1 CITY MANAGER NO. ~ POLICE i ~- APPROVAL: ITEM: Transfer of Funds From General Fund to BY: Thomas M. Johns~) BY: NO. Police Dept. to Repay Overtime Fund DATE: April 16, 1999 h DATE: BACKGROUND: As part of the construction going on at the High School, the Police Department has been supplying an officer to keep traffic moving and tagging illegally parked cars in the horseshoe area in front of the school. We have been doing this detail daily, Monday through Friday, for two hours in the morning and two hours in the afternoon. Since this type of off duty employment is handled through the department, officers have signed up and worked this detail since March 26, 1999. On April 15, 1999, we received a check from Columbia Heights Independent School District #13 in the amount of $684. According to the City Finance Director, this money is considered revenue and 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 $684 received from Columbia Heights Independent School District #13 to cover the cots of off duty officers working security at the High School be returned to the 1999 Police Department budget, line #1020. RECOMMENDED MOTION: Move to transfer $684, the total amount received from Columbia Heights Independent School District #13 for off duty security worked, from the General Fund to the Police Department 1999 budget under line #1020, police overtime. TMJ:mld 99-135 COUNCIL ACTION: CITY COUNCIL LE'rrER Meeting of: April 26, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: ~ Recreation APPROVAL ITEM: AWARD BID ON REFINISHING WOOD FLOOR BY: Keith Windschitl/..~j~ ) BY: IN MURZYN HALL DATE: April 15, 1999 No: BACKGROUND: The Recreation Department is requesting authorization to award the bid on sanding and re£mishing the wood floor in Murzyn Hall to Schaefer Hardwood Floors, Inc., 3008 Bryant Ave. S., Minneapolis, MN, for the total amount of $5,402. It should be noted that $8,000 was budgeted for this item in 101-45129-4000. Staff received three bids for sanding and applying four coats of finish, and replacing approximately 15 new boards in the wood floor. The three bids are as follows: 1) Dave's Floor Sanding Inst., Inc. - $8,520 2) Anderson Ladd - $7,064 3) Schaefer Hardwood Floors, Inc. - $5,402 RECOMMENDED MOTION: Move to authorize staffto award the bid on sanding and re£mishing the wood floor in Murzyn Hall to Schaefer Hardwood Floors, Inc., 3008 Bryant Ave. S., Minneapolis, MN, for the total amount of $5,402, with funds being appropriated from 101-45129-4000. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 4/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: APPROVAL TO REPLACE THE SHOP AIR ~ BY: K. Hansen~C~ BY: COMPRESSOR ~ ,'~ -- ~ DATE: 4/20/99~......~e'" ~ DATE: Background: Currently, the City Shop is using a 1973 Ingersoll-Rand, 15 horsepower air compressor purchased in 1973. This air compressor is leaking oil and leaking air into the cylinder. The air tank itself must be inspected yearly by the State of Minnesota and as of 1998, the State will no longer certify our current air tank. Our current system is also under-rated in the fact that it uses a 15 horsepower electric motor to run a 10 horsepower compressor unit. The current air system to the compressor has also been accumulating moisture in warm weather which has led to the replacement and/or repair of several air tools that the City Shop currently utilizes. Analysis/Conclusions: To date, no major repairs have been necessary to the compressor other than routine oil and air filter changes. I have spoken with approximately eight air compressor vendors and had the shop compressor inspected by four who stated that to repair our old compressor would likely cost as much as replacing it with a new one. They also suggested installing a refrigerated air dryer to remove the moisture which currently builds up in our system. Therefore, staff has requested quotes for the replacement of our current system. Bids were received from four vendors who inspected our air compressor which are: Air Compressor Plus; American Compressor Engineering & Service Co.; Compressed Ah' & Equipment; and C'aire. All four vendors recommended the American made Saylor-Beal compressor which is ranked for 25 years of service. This model will use a 15 horsepower electric motor to nm a 15 horsepower compressor unit, and therefore, will not be under-rated for our purposes. The vendors mentioned that there are several foreign models available but are not recommended due to the fact that the foreign models utilize aluminum rather than cast iron for cooling purposes which makes them unreliable. All of these vendors have offered a 2 year complete warranty and a $500 trade in allowance for our old compressor. The written quotes ranged from $7,695 to approximately $10,000, installed. The Public Works Garage budgeted $9,000 in the 1999 the Capital Equipment Replacement Fund. Public Works recommends accepting the quote from Air Compressor Plus to replace our old compressor with the Saylor-Beal model for an installation price of $7,695, including trade-in, with funds allocated from 434-49950-5180. Recommended Motion: Move to replace the Shop Air Compressor with a Saylor-Beal Model from Air Compressor Plus of Chanhassen, Minnesota, for an installation price of $7,695 including trade-in, with funds allocated from 434-49950-5180. KU~b 99-114 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 4/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~I~ PUBLIC WORKS ITEM: APPROVAL TO PURCHASE A PAN AND TILT BY: K. Hans BY: CAMERA FOR THE UTILITY DEPARTMENT DATE: 4/20/99 ~ DATE: Background: The Public Works Utility Department currently uses afixed viewing camera system for televising and inspecting sewer pipe lines. Work is performed as preventative maintenance in the city's sanitary sewer system. The written and video log reports provide such information as the condition of the main lines, location of manholes(buried), service wyes, and clean outs, existence of leaks in the main lines, and presence of root penetrations into the system. Analysis/Conclusions: A Pan & Tilt Radial Camera is requested by Public Works to allow direct viewing of upper sewer walls, inward of service connections, and upward of other sewer appurtenances such as manholes or clean outs. The existing camera is a fixed lens that only provides information straightforward, limiting the field of view. Where problems have been suspected but not visible due to the fixed lens, Public Works has had to contract services to provide rotational views of the pipe walls or appurtenances to obtain a complete inspection report. The existing sewer televising equipment is proprietary and manufactured by Aries Systems. Public Works has obtained quotes from Aries vendors with a Iow bid of $14,567 Aries of Sussex, Wisconsin (excluding tax). $16,000 was budgeted in the Public Works Sewer Department budget in 1999. Recommended: Move to approve the purchase of a Pan and Tilt Color Sewer Television Camera from Aries Industries, Inc. in the amount of $14,567 with funding to be appropriated from Public Works Sewer Fund 602-49450-5180. 99-115 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 4/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: q PUBLIC WORKS ITEM: AUTHORIZATION TO OBTAIN SURVEYING BY: K. Hansen~ BY: SERVICES 4- t~ ' ~ DATE: 4/20/99k°'''''- DATE: Background: The City Council previously authorized the creation of a physical feature database in our GIS system from recent Iow altitude color photographs. In order to tie the GIS database to City coordinates for the creation of City-wide contour information, additional surveying is required. With the recent departure of the Engineering Department's surveyor, staff obtained quotes fi:om two consulting engineers with qualified surveying departments to provide the needed horizontal and vertical control information. Staff also requested hourly rates fi:om these companies to provide additional surveying services for the upcoming projects as needed. Analysis/Conclusions: To provide the needed information for the database, each company proposes to use a combination of GPS and traditional surveying methods. City staffhas no GPS experience. If staff were to do the work, only traditional surveying methods would be used. This would be very cumbersome and time consuming. Due to the importance of obtaining accurate information in a timely manner, staffrecommends a consultant be used to provide the needed horizontal and vertical control information. The low quote was provided by Pioneer Engineering for $4,800.00. Funds will be appropriated fi:om the existing Public Works budget for the database work. If supplemental surveying is needed for upcoming projects, surveying expenses would be charged to the projects. The cost for surveying services is $100.00 per hour for a 2-man survey crew and $132.00 per hour for a 3-man crew. Staff has worked with Pioneer Engineering in the past with good results. Recommended Motion: Move to award surveying services to Pioneer Engineering of Blaine, Minnesota, with the project to establish City-wide horizontal and vertical control for a total of $2,080.00 from Engineering Fund 101-43100-3050 and $2,720 from State Aid Fund 212-43100-3050 with additional surveying services as required at published hourly rates, to be charged back to specific projects. rUjb 99-116 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: April 26, 1999 AGENDA.~SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S SPECIAL PROJECTS APPROVAL NO: ¢ ITEM NO: REMOVAL AND REPLACEMENT OF USED OIL BY: JEAN KUEHN BY: TANK ~ti[.. /i~ ,,. ~ DATE: April 9, 1999 DATE: Due to the age of the current tank, and the lack of monitoring equipment, the City has been directed by the MPCA to replace the tank or discontinue its use by December 22, 1998. The waste oil tank is heavily used by our Public Works Department, as well as by residents and is the only publicly operated tank in the area. Reimbursement grants are available for the replacement of such a tank and staff is making application. The grant will not cover the entire cost of the project as a 25% contribution by the City is required. In kind services may we used in lieu of cash payments. Grant for the replacement of the used oil storage tank is through the Minnesota Office of Environmental Assistance. A grant for the removal of the current tank is available through the Department of Commerce Petro Fund TASK: 1. Pump out current tank 2. Removal of existing oil tank 3. Soil test 4. Remediation of soil, if needed 5. Installation of new 1000 gallon "ConVault" tank, with monitors 5. 1000 gall double wall-low profile steel tank with monitors 6 Concrete pad with rim 7. Replace soil where tank removed 8 Secure permits 9. Tank Vent risers and caps, install 10.Installation of Bollards Tanks will be delivered Determan Kleepsie $1,650 City would contract out $2,000 City Staff $300/site $1,000 $9,880 7,936 Included City Staff City staff City Staff Included City Staff Included City Staff Included City Staff 4-5weeks after ordered The Public Works department will coordinate the work listed as being done by "city staff," and such cost will be considered as the 25% matching funds as required by the grants. Staff has requested quotes from Columbia Tank, Pump and Meter and Determan and Kleepsie Tank and Petroleum. RECOMMENDED MOTION: Move to authorize, Mayor, Council, and City Manager to approve contract with Determan Tank for the removal and replacement of tank for used oil, payments and reimbursements to be made from the Refuse fund. COUNCIL ACTION: CITY COUNCIL LETTER Council Meetin A~ril 26, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ SPECIAL PROJECTS APPROVAL ITEM: COMMUNITY BULLETIN BOARD BY: JEAN KUEHN BY: ~ ' ~ ~ DATE: April 7, 1999 DATE: NO: ,~ The City's bulletin board on 40t' Avenue is showing its age and needs refurbishing. The reader board underlayment is broken on one side and the covers are hazy, dirty and stained. The custodial staff is having to spend an inordinate amount of time to change the letters as the board is brittle and worn. Staff has received two quotes to reface and repair the Current bulletin board. This original sign was purchased from Lawrence Sign and they were one of those contacted to secure costs for repairs. Lawrence Sign: -Furnish and install one reader board to replace broken one-TOTAL COST OR -Replace both reader boards with new lexan panels and -Furnish and install two solar grade lexan covers TOTAL COST Universal Sign Company - they made and installed the awnings on City Hall. Refurbishing existing Readerboard sign $1,460.00 $2,500.00 $1,595.00 $4,095.O0 -Fabricate and install two new lexan faces with track for changeable letters Letters not included*. -Vinyl graphics across the bottom of both faces.-Fabricate and install new clear faces in the locking doors of sign. TOTAL COST * letter replacements are $2.50 each, current letters can be used. $3,795.00 RECOMMENDED MOTION: Move to authorize expenditure of $3,795.00 to Universal Sign Company for the replacement of the readerboard and covers of the Community Bulletin Board with funds from the Council contingency fund 101-41110-8100 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 4/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: 4 PUBLIC WORKS ITEM: APPROVAL OF PLANS AND SPECIFICATIONS BY: K. Hanse ~~ BY: AND AUTHORIZATION TO SEEK BIDS FOR 1999 DATE: 4/20~9-~ DATE: ALLEY IMPROVEMENT PROJECT ~ ' i~ ' ~ Background: A Public Hearing for the 1999 Alley Improvement Project was held on March 29, 1999. Council approved 15 alleys. Two alleys were tabled to April 26, 1999. Analysis/Conclusions: Final plans and specifications are complete for all of the alleys approved on March 29th. The two alleys to be considered April 26z are drafted and £mal designs can be completed which will not adversely impact the bidding process. The bid opening is scheduled for May 20th with City Council award on May 24~. A copy of the proposed schedule is attached for informational purposes. Recommended Motion: Move to approve the Plans and Specifications for the 1999 Alley Improvement Projects and authorize staffto seek bids for the same. 99-111 Attachment: Proposed Schedule COUNCIL ACTION: ALLEY CONSTRUCTION PROJECT NO. 9902 PROPOSED PROJECT SCHEDULE FEASIBILITY STAGE Council Resolution Authorizing Feasibility Report ........................ February 8 Receive Engineer's Report and Order Hearing ............................. March 8 Send Improvement Hearing Notice to FOCUS ................................ March 12 Publish Notice of Hearing ........................................ March 18 and 25 Mail Notice of Hearing ................................................ March 19 IMPROVEMENT H E A R I N G ....................................... March 29 Order Improvement and Preparation of Plans and Specifications .................. March 29 Approve Final Plans and Specs, Receive Authorization to Advertise for Bids .... April 26 Send Advertisement for Bids to Focus ....................................... April 22 Send Advertisement for Bids to Construction Bulletin ........................... April 27 Publish Advertisement (Focus) ........................................... April 29 Publish Advertisement (Construction Bulletin) ................. April 30, May 7 and 14 Bid Opening (10:00 am) ................................................. May 20 Preparation of Contract and Resolution .................................... May 21 Council Award Contract ................................................. May 24 Begin Work ............................................................. June 7 Final Completion .................................................. September 24 WORK SESSION ITEM CITY COUNCIL LETTER Meeting of ORIGINATINGpoLIcEDEPARTMENT~,..,., ,, , I BY: Thomas M. Johnson Z~ DATE: April 15, 1999 · ~'~0'"',~ No.AGENDA SECTION:, Consent [ ITEM: Transfer of Funds to Repay O.T. Fund CITY MANAGER APPROVAL: BY: DATE: BACKGROUND: During the last week of January 1999 we had an armed robbery at the Norwest Bank at 41st and Central Avenue. After the robbery we were approached by the Bank Branch Manager and the head of Norwest Security 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 April 14, 1999, we received a check from Norwest Bank in the amount of $5,016. According to the City Finance Director this money is considered revenue and 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 worked, from the General Fund to the Police Department 1999 Budget under line 1020, police overtime. TMJ:mld 99-131 COUNCIL ACTION: Pay NORWEST CENTER '/.' '' : :' ' .... ' R-EDiWING} MN~ 55066 , ':";:::: , To The Order OF CITY OF COLUMBIA HGTS POLICE 'COLUMBIA HEIGHTS,, MN 55421- ,'l, qqt, f?q,' ~:oql, qOOL, r=5~: 2ol, r~?,, Norwest Corporation, Minneapolis, Minnesota 55479 - Any Questions: CALL 612-667-7374 OR F.4~V 612-667-3725 Remittance Advice Company Invoice ~umber Invoice Date Voucl~er ID Gross Amount Discount Availal~le Faid Amount I NB MN 990010 03/26/1999 00251946 5.016.00 0.00 5.016.00 Vendor Number Vendor Name Total Discounts 0000035052 CITY OF COLUMBIA HEIGHTS $0.00 Check Number Date Total Amount Discounts Taken Total Paid Amount 1994879 04/12/1999 $5.016.00 $0.00 $5.016.00 CITY COUNCIL LETTER Meeting of April 26, 1999 AGENDA, ~ECTION: Consent NO. ~ ITEM: Approve Payment of Matching Funds NO. For Joint Grant with Fridley Police BACKGROUND: ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: April 14, 1999 CITY MANAGER APPROVAL: BY: DATE: in 1996 the Fridley Police Department, along with the Columbia Heights and Spring Lake Park Police Departments, applied ~or a COP's 96 grant through the federal government. This grant was for an electronic ten-printer system and photo capture /rnaging equipment for use in fingerprinting and photographing of juveniles and adults arrested in each of these communities. The grant requested was for $88,350. In late 1997 the Fridley Police Department was notified that we had been awarded this grant. The photographing and fingerprinting of juveniles are new requirements by the State of Minnesota. All juveniles picked up .~n gross misdemeanor or felony charges must be fingerprinted and photographed before they can be released. Along with the jcvenile requirement, adults charged with enhanceable crimes such as shoplifting, domestic assault, forgery, damage to property, and crimes committed within a drug/weapon free zone must also be fingerprinted and photographed before release. he only location where this could be done was previously at the Lino Lakes correctional facility or the Anoka County jail. oth locations would pull officers out of our city for hours at a time. By having this equipment at the Fridley Police Department we will save numerous officer hours over the year, thus keeping our officers in Columbia Heights and on the streets, available to handle the call load. When this process first began, the New Brighton and Mounds View Police Departments were asked to be a part of the grant. (See attachment "A," breakdown of matching fund dollars). Since then, the Mounds View and New Brighton departments have withdrawn from the process. This creates a higher dollar match for the remaining three departments. (See attachment "B," Breakdown of current matching fund dollars). ANALYSIS/CONCLUSION: I!am recommending that we use part of our 1997 federal equipment grant to pay our share of the 25 per cent match. This would ~ome to $10,896. Based, on an average of 425 juvenile arrests per year over the past three years, the department will average 1.75 hours per day ~lone transporting juveniles to Anoka or Lino Lakes to be fingerprinted and photographed. This works out to 338.75 hours per year. If you multiply the 338.75 hours by the hourly rate of an officer--S21.77, we will save $7,375.63 annually by having this system. It will take us less than 1-1/2 years to pay for the system. The other benefit is that the photos and prints would be ayailable to our officers and investigators for investigative purposes. RECOMMENDED MOTION: Move to approve paying the City of Fridley Police Department $10,896 as the City's share of the 25 per cent match to pay for ag electronic ten-printer system and a photo capture imaging system, which is a shared purchase between Fridley, Spring Lake park, and Columbia Heights, with funding to come from the Police Department's law enforcement block grant #276-42110. TMJ:mld 919-107 Attachments COUNCIL ACTION: ~'v'"~ ~ (,-~h CITY OF (,v?~. (~:~ FRIDLEYPoLiCE David H. Sallman ~ Public Safety Director FRIDLEY POLICE DEPARTMENT- 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432- (612)572-3629- FAX (612)572-.3651 March 3, 1999 Captain Leonard Olson Columbia Heights Police Department 559 Mills St. Columbia Heights, MN 55421-3882 Dear Captain Olson, Attached is a copy of the expected costs associated with the booking system we plan to install using the COPS MORE grant #97CMWX1041 awarded to the Fridley Police Department. The Columbia Heights match for the grant is $10,896. Please send a check for that amount to the City of Fridley at your earliest possible convenience. If you have any questions please call me. tSin/cerely ~ Gary Le~zmeieq Deputy l~ublic Safety Director City of Fridley TO CITY COUNCIL April 26, 1999 *,~igned W?iver Form Accompanied Application 1999 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *Fairfax Asphalt Inc. *Minnesota Sign Company *Spraungel Construction, Inc. *Rayco Construction, Inc. *Witt-Miller, Inc. ADDRESS 108 W. Broadway 791 S. Garfield St. 3025 Harbor Lane 3801 N.E. 5th St. 3415 - 48t~ Ave. N. FEES 50.00 50.00 50.00 50.00 50.00 PUBLIC WORKS DEPT. TREE SERVICES CONTRACTORS *Jim's Tree Service 4356 Monroe St. N.E. 50.00 POLICE DEPARTMENT PET SHOPS *Phillip Palan d/b/a Tropical Concepts ** SEE SEPARATE COUNCIL LETTER 4056 Central Avenue 50.00 license.ag CITY COUNCIL LETTER Meeting of: April 26, 1999 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Pet Shop Application BY: Kathryn Pepin BY: NO: 4056 Central Ave., Tropical Concepts DATE: April 22, 1999 Backqround An application for a license to operate a pet shop at 4056 Central Avenue on behalf of Phillip Pa!an doing business as Tropical Concepts was denied by the City Council at their meeting of April 12, 1999. Mr. Palan was unable to bring the pet shop into compliance with Section 5.609(5) and (6) of the License Ordinance after several months of monitoring by the Humane Officer and City Staff. The denial of his license application for the 1999 license year and the closure of Mr. Palan's operation was the last step in a process that began on December 4, 1998 with the submittal of his renewal license application. Mr. Palan had been currently operating the pet store since January 1, 1999 without the required license due to failure of a number of inspections of the pet store. On April 16, 1999, Mr. Palan submitted a new application for a license to operate his pet store at 4056 Central Avenue. On April 20, 1999, the Humane Officer visited the site and has filed a report with a favorable recommendation toward approval. Mr. Palan has brought his operation into compliance with Section 5.609(5) and (6) of the License Ordinance. On April 21, 1999 a letter was sent to Mr. Paian allowing him to open his pet store on a temporary basis until formal action is taken by the City Council at this meeting. Analysis Because Mr. Palan has received a favorable inspection from the Humane Officer and has brought his place of business into compliance with the requirements of the License Ordinance of the City, Staff is recommending approval of his application for the operation of the pet store at 4056 Central Avenue. However, Staff urges the City Council to strongly encourage Mr. Pa!an to make all efforts to keep his store in a clean and sanitary condition and advise him that he will be subject to intermittent inspections during the license year by City Staff and the Humane Officer, if necessary. RECOMME1FDED MOTION: Move to approve the request for a license to allow the operation of the pet store at 4056 Central Avenue on behalf of Phi!lip Palan doing business as Tropical Concepts. COUNCIL ACTION: CiYY OF~COLUMBIA HEIGHTS 590 N.E. 40th Avenue Columbia Heights, Mn. 55421 GENERAL LICENSE APPLICATION Date TO THE HONORABLE CITY COUNCIL: I hereby apply for a license to CODE ARTICLE SECTION operate a pet shop CLASS Effective Dates 1999 Company Name (If Applicable) Address 4056 Central Ave. N.E. Phillip J. Palan d/b/a City Company agent or official(s):, 1. ~kill,,~% j- ~)~lc~,~ (If Less Than Eleven Shareholders, Attach 2. List) Tropical Concepts Zip ADDRESS OF LICENSE LOCATION 4056 Central Avenue Landowner(s) Address (PRINT) I"R?T) Home Address City Home Phone gl~- 8~ ' ~ ~ Business Phone Birthdate ~' ll61~) Drivers Phone Height ~---I0 : Weight j "~,~' Color Hair Applicant's Social Secur~ty,N~mber; APPLICANT'S SIGNATURE Minnesota Busrness license Tax Number'; (MI DDLE) (LAST) lz- ,fi License No. -4_co --695_47_ci-s7t (DO NOT WRITE IN SPACE BELOW) Amount Paid $50.00 Date Submitted Receipt No. ~ ~~L~ License No. &-99; 3:15AM;HSRC ;~t 917 0098 ~ 1/ ~ Animal tavestigations Department Humo~v.e Society of Ramscy County 1115 Beulah Lane Saint Paul, MN' 55108 O~ce: (651)917-CC98 Cellular: (612)973-4266 Fax: (651)917-0429 Rarns~' County, Minnesota Number of pages including cover: The lnfotmm~n contained tn this facsimile mmsage nay be privlleged and c~n. rtd~tla~ It is Intended only for Intended recipient, any dlstributlott or copyIng of thts e~mmunleatlon is s~lctly proktbtteo~ If you have received this communic__.m~n In error, please notlfy us by telepbone and return t~e origInal message to us immediately. If any portion of thi~ tra~isrnisMon is incomplete or illegibl~ please call (650 917-0098 ~1-- ~--99; 3:15AM;HSRC Humane Society 1115 Beulah Lane, St. Paul, MN 55108 Shetter 651-645-7387 o Business Office 651-646-6821 Fax ~1-646-1420 Pet Store Inspection Report Date of Irmpection: AgIiI2Qd~ Facility Inspected: Facility Address: 4056 Central Av~ Phone: 612- 781-0805 Owner of Facility:' Phill~p John Patan Co-Owner: Tropic~tl Concepts Pet Store City: Columbia Heights, Minnesota Inspected By: ~rade Hanson, Humane ~lgent 651-917-0098 Inspection Results: X Pass Fail Action Required: I have done a f'mal inspection and in my opinion the pet shop has improved in all mas and has complied with the guidelines set in the" PIJAC" manual. I would approve the shops license. I would also like you to keep in mind that we have advised the owner on many occasions before on the same issues. He would clean up for a while and then go back to the lazy ways of cleaning and'caring for the animals in about a month. I would suggest that periodic checks ,of the store should be done for the next three months. Wade Hanson Humane Agent IMPROVING ANIMAL LIVES -- FOSTERING HUMAN-ANIMAL BONDS The Humane Society of IWarnsey Countj4, serving the East Metro area since 1878, is a private, nonprofl~ ~orpomt/on and is not a part of any governmental agency or national humane organization. Cl,TY OF COLUMBIA HEIGHTS 590 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 April 21, 1999 Phillip J. Palan d/b/a Tropical Concepts 4056 Central Avenue N.E. Columbia Heights, Mn. 55421 Dear Mr. Palan: This letter is to serve as a Temporary License to operate your pet store at 4056 Central Avenue effective today. This temporary license is contingent upon formal approval by the City Council of your application at their meeting of April 26, 1999. Following that meeting, a formal license document will be issued to you. If'you have any questions, you may contact this office at 612-782-2817. Sincerely / License Clerk c: G. Peterson, Mayor W. Fehst, City Manager I. Hoeft, City Attorney T. Johnson and L. Olson, Police Department W. Hanson, Humane Officer, 1115 Beulah Lane, St. Paul, Mn. 55108 THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS DF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYE~ 04/22/99 .~.6: 07: 40 I::'LJhlD F,'ECAF:' :: t) EX'i~ C:F;,' I F:"T' I ON :1. O 1 [B El',llii]:;,'AI... 201 [Z.gMMUI',t Z TY DEVEt...OI='Mlii]qT F=UI',ID 2 () :~.'~ ANO I'(A C[:]LJI-,rT'Y 2':0-7.'; PAt=(t(V:I:EI.'J VZL..L_A I"-tOF;.:T'H ?.04 ii~:COi".tOM 1' C t)IEVIEL..OPt'"IIEt"-t]" AU]"H ;.':':05 ~ IE [."; T ]: C.q".t 8 .'.'/.:: :1. ~?: STATlii~ Ail) MAtI'--I'T*E:NAN[:::IE :?.:L.='; F'ARt(V]:EW V]:I...i...A '.:'i.-',OU'T'H 2.25 [:::AI(.:L. E: 'Y' tii:l... 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H i s 't o r y 4/26/99 COUNC]~L L..ZST C ]Ii'FY C~F:' COL..LIMB ][ A HE ][GHTS £-;I...540R-V05.20 I::'AC-;E 4 B A N I( V Iii] N D 0 R CHEC'K f'IUMBIEF< AMOUt"TT' BANI< CI"lli~CI<]]NG ACCOL]I,I'T' t"IOD(31E PI:~ODI. JCT8 ]:I"-IC I"ICq"IiE N S T E '.[ 1,18 Il'lC HCq"!tE ][)tEt::'C. rT' ~.$2802 HOOVEF;~ WHIEEI.. A!...]:GI'.-IMEiqT HO"I" MEAL. S I::'OF~ SHLJ]" I f'--I'.:B I-.tOI. JC:HtEIq B ]:t'.-tDEF;~Y i...'I"D I..IY.T)RAUI...:[ C: SF:'IEC::i: ALTY COMF:' ]: El... :1: Iq 0 :[ 8 FAF;.:MIEF~8:[ 1-18UFL'At-i :!: t,IS :i: G H't- iI: F:'C: I::'R I I,!]" ]~ t'-,l[-,'i J ,, ?, ,, HI. JD881'-I JCB-'INSCtI,t BR08 ,, I... I QUOF:: CO ,, O'LtDD 8L.IF'F'I...Y K MAR'T' I<I...EESF:'I E T'AN K & F'IETi:;~OLt!i]J KUE'I"HEt:;.'. .T) 18'T' ,, CO ,, I..,AGiEF;~QLJ :[ 8'¥ COF;~I::' .. L..Ii~:A[~H. JE 0t::' M ]~ hlI".tlESCITA C ]: T ]~ L :I:.T'.":Fb~RYJOt. JF~I".h':-]L L :li:(':':Fb:':'d:;~Y V ]::OIEO C:OMF:'ANY L..Cq::'F:'I...EF~ BUS]:NESS SYSTEMS L..OI"II't ~f:. 1'I(3/C:A R OI...Y MAF;,'K VI: ].' DJ:ST .. M A R ]" ~[ N. "" M C A L.. L ~[ S'T' E R MIEI'IARDS CASHWAY I...LJMBER"'-F' MIE'T'RO WEL:OING SUF'F:'L.Y MtE T I:;.'.(] F:'Cfl... ]~ T A hi HOME M :[ DI.,.AND E.(;!U ~[ F:'MEI"-IT CO M]:)}WAY I::'ORD M ]~ NI'I BL. UE )} ~[ (.31TAL M it~ NNEAI::'OI.., ]: S C:OMMLJhf ]:'T'Y C:C~ Mi[ NI'IEAF'OL :[ S F:'I NANC:E )}EF'T MI NNEAF'Ot...]:S 8AW C,O. M ]~ 1'1Nlii:8 0 TAT R U C K ]~ N G A 8 8 0 C M'T' ii: I) :1: S'T' R 1:8 LJ'T' ]: N NEW YOF',:K T:[MES/'T'HE NOR]"H MEMOF;~' ]:AL MfED ]~ C:At... C NOF~TH E';TA F;~ IqOR't"HEF;-'.hl ,SAN ]: TARY SLJF'F'LY 8F:'F:' ]:Cti'] DEF'O'T' OF:'F:' ]~ CIETEAM F:' C SEFL'V]:CE SOURC:E I::'A(31i!]'IIE'T' 0I::' Mbt 7856.1. 78562 78563 78564 78565 78566 78567 78568 78569 78570 78571 78573 78574 78575 78576 78577 78579 78580 78581 78582 78583 78584 78585 78586 78588 78589 78590 78591 78592 78593 78594 78595 78596 78597 78598 78600 78601 78602 78603 78604 7860 78606 78607 815 ,, 04 8, !28.41 J. 7:~0 ,, 58 .~ ,!~, ,, ,...~, .,..'.-', 6,600 ,. 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'-" '"': 20 CITY COUNCIL LETTER Meehng of: ~pril 26, 1999 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~ Community Development ~ APPROVAL ITEM: Set Public Hearing Date dl~' ~ -- 1 ~ BY: Joe Hollm~_7~ BY: NO: Currency Exchange, 4110 Central Avenue NE DATE: April 20, Issue Statement: Curt Potts, President of Younge, Potts, Wiezer & Company, Inc. is requesting permission from the City to operate a currency exchange business at 4110 Central Avenue NE. Background: According to Chapter 53A.04 of Minnesota State Statutes, the Commissioner of Commerce may not approve an application for a Currency Exchange license without the concurrence of the governing body. The governing body is required to give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. Currency exchange is defined as "any person, except a bank, trust company, savings bank, savings association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee." This does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed $1 or one percent of the value of the check or draft, whichever is greater. Analysis: The property is zoned CBD, Central Business District. The Columbia Heights Zoning Ordinance does not specifically regulate currency exchange operations, but its function and land use impacts are similar to a financial institution which is permitted in the CBD. The proposed business will be moving into the tenant space next to Cost Cutters at 4110 Central Avenue NE. As mentioned earlier, the State licenses these operations. The following provides a summary of State requirements. 1. Not more than one place of business may be operated under the same license, but the commissioner may issue more than one license to the same licensee. Note that the applicant is involved with three other currency exchanges (Younge, Potts, Wiezer & Co., Inc. at 7620 Lyndale Ave. in Richfield; Landmark Financial at 942 Payne Ave. in St. Paul; and, Endeaver Financial at 577 University Ave. in St. Paul). 2. No license may be issued or renewed if the place of business is located or proposed to be located within one-half mile of another licensed currency exchange. There is not another currency exchange business within one-half mile of4110 Central Avenue NE. A licensee may not contract with another person or business entity to manage the currency exchange business. o Please find the following information attached: Resolution 99- Statute. ; State License Application; and, Section 53A. 04 of State Reeo~nmendation: Staff recommends that the City Council establish a public hearing date of May 24, 1999, for review of the license application. Because the proposed use is permitted per local zoning regulations, staff will recommend approval of the application, subject to the condition that the applicant be responsible for paying the City for costs to publish notice and to send written notice to adjacent properties within 300 feet of the subject property. This will be consistent with typical City practices for providing public notice for public hearings on zoning matters. Recommended Motion: Move to Establish a Hearing Date of May 24, 1999, for review of Resolution 99- , a resolution to approve the currency exchange license application at 4110 Central Avenue NE. COUNCIL ACTION: RESOLUTION 99- BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL APPROVING AN APPLICATION FOR A CURRENCY EXCHANGE LICENSE WHEREAS, the President ofYounge, Potts, Wiezer and Company, Inc. has submitted a license application to the State of Minnesota to operate a currency exchange business at 4110 Central Avenue NE in Columbia Heights; and, WHEREAS, Minnesota State Statute requires that currency exchange license applications shall be submitted to the governing body of the local unit of government in which the applicant is proposing to be located; and, WHEREAS, a notice of the City's intention to consider the issue has been published in the Focus News; and, WHEREAS, the City has 60 days to take action on the request; and, WHEREAS, there is not another licensed currency exchange operation within one-half mile of4110 Central Avenue NE; and, WHEREAS, the proposal is in compliance with the Columbia Heights Zoning Ordinance. NOW, THEREFORE BE IT RESOLVED by the Columbia Heights City Council that the application for a currency exchange license to operate at 4110 Central Avenue NE is hereby approved. NOW, THEREFORE BE IT FURTHER RESOLVED by the Columbia Heights City Council that the applicant shall be responsible for reimbursing the City for costs to publish notice and to send written notice to adjacent properties within 300 feet of the subject property. PASSED THIS Offered by: Seconded by: Roll Call: __ DAY OF ,1999 . Mayor Gary L. Peterson Jo-Anne Student, Council Secretary STATE OF' MINNEgOTA DEPARTMENT OF COMMERCE 133 EAST SEVENTH STREET ST. PAUL, MINNESOTA 55101 (651) 296-6319 CURRENCY EXCHANGE LICENSE APPLICATION (For Department Use Only) LICENSE NUMBER PROCESSING DATE NAIC NUMBER INSURANCE COMPANY BOND NUMBER The data which you furnish on this form will be used by the Department of Commerce to assess your qualifications for a license. Disclosure of your social security number is voluntary. You are not legally required to provide this data, however, if you do not provide your social security number the Department of Commerce may be unable to grant a license. The Department may use social security numbers for revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for identification purposes. After issuance of a license, all information contained in this application, except your social secudty number, is public pursuant to Minnesota Statutes, Chapter 13. A. TYPE OF LICENSE '~IEW ~ INDIVIDUAL PROPRIETORSHIP ' ~CORPORATION E3 RENEW E3 AMENDED NAME rl LIMITED LIABILITY i"1 PARTNERSHIP B. APPLICANT INFORMATION INAME OF CURRENCY EXCHANGE INA.MEji OF CORPOt~.~TtON OR PARTNERSHIP (see #5 of instructions) BUSINES$~)~)/~ESS (NorPost Office Boxes) AL__L applicants must answer the following questions. If any questions are answered "YES", you must attach a detailed written explanation and all legal documentation, if applicable. Have you, any of the owners, partners, corporate stock, or any employee with company ever: officers, directors or shareholders owning more than 10% of the the authority to exercise management or policy control over the YES NO Held a currency exchange license in any other state other than Minnesota? If YES, the new license application must include a verification of license certified by the state(s); all other applicants must verify that the certification(s) previously submitted is accurate. ~ ,~ 2. Been the subject of any inquiry or investigation by any division of the Minnesota Commerce Department? ~3 ~ 3. Had any occupational license censured, suspended, revoked, cancelled, terminated or been the subject of any type of administrative action in any state including Minnesota? REV. 7/9s (OVER) Have you ever been charged with, or convicted of, or been indicted for, or entered a plea to, any cdminal offense (felony, gross misdemeanor or misdemeanor), other than traffic violations, any State or Federal Court? in ~ '~ 5. Been a defendant in any lawsuit involving claims of fraud, misrepresentation, conversion, mismanagement of funds or breach of contract? 6. Been notified by the Commissioner of Revenue, pursuant to Minnesota Statutes, Section 270A.72, that you currently owe the State of Minnesota taxes? r'l ~ 7. ~ r-! 9. Have any unclaimed property (unclaimed funds or property over 3 years old) to report under Minnesota Statutes, Section 345.37? Filed for bankruptcy or protection from creditors or currently have outstanding unsatisfied judgment(s)? Been affiliated with any other currency exchange? I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED IN THIS APPLICATION AND ANY ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT THIS DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FROM THE FORM ADOPTED B~,THE DE~RTMENT OF COMMERCE. Signature of Owner, Partner or Corporate Officer Date PLEASE PROVIDE THE FOLLOWING INFORMATION ON AN ATTACHED SHEET: r'l All NEW applicants must provide a signed, notarized statement from the applicant stating the proposed location of the currency exchange is not located within 1/2 mile of another currency exchange. r'l A current fee schedule of all fees charged by your currency exchange office for cashing checks, money orders or travelers' checks. The list MUST include the type of check cashed, the fee that is charged, and whether or not the fee varies depending on the amount of the check. I~ A list including the name, date of birth, title, address and social secudty number for the following individuals: any owner, partner, officer, director, stockholder (owning 10% or more of the corporate stock), or any employee with the authority to exercise management or policy control over the company. ¢'1 All individuals listed above must request that the Bureau of Cdminai Apprehension conduct a background investigation on the form provided. Completed form(s) MUST be submitted with your license application. r'l The work experience covedng ten (10) years prior to application for each person listed above. INSTRUCTIONS 1. To apply, complete (please type or pdnt in ink) and submit this form with the $300 fee to the Department of Commerce, 133 East Seventh Street, St. Paul, MN 55101. Check or money order must be payable to the "MINNESOTA COMMERCE DEPARTMENT'. WE CANNOT ACCEPT CASH. Incomplete forms will be returned to the business address listed. 2. In order to become licensed, the applicant must provide the Commissioner of Commerce with a $10,000 bond (on the form included with this application). 3. If applicant is a corporation, attach a copy of the Articles of Incorporation filed with the Secretary of State. Applicants must also provide a list identifying the percentage of ownership for each officer and director (including manager) and stockholder. 4. If the applicant is a partnership, attach a copy of the Articles/Agreement of Partnership and a list identifying the percentage of ownership by each partner. 5. The name under which the business will be conducted must be exactly the same as the name on your license. If operating under any name other than the exact corporate or partnership name or, if an individual proprietorship doing business under any name other than your first and last name, attach a copy of the Assumed Name Certificate by the Minnesota Secretary of State (651) 296-2803. Notarized 1/2 Mile Distance from another Currency Exchange I, Curt Potts, Owner of Younge, Ports, Wiezer & Co.am stating that the proposed location is more than 1/2 mile from the nearest licensed currency exchange. 1999 FEE SCHEDULE 4110 CENTRAL AVE. NORTH COLUMBIA I:IEIGHTS, MN COMPUTERIZED PAYROLL CHECKS ..... 2.5%* HANDWRI/q]EN PAYROLL CHECKS = 3%* GOVERNMENT CHECKS UNDER $500 2.5% GOVERNMENT CHECKS OVER $500 ...... 3%* TRAVELERS CHECKS INSURANCE CHECKS --.3%* -4%* MONEY ORDERS WITHOUT RECEIPT---8%* PERSONAL CHECKS. -- 15% *TH2ERE IS A .50 SURCHARGE ON EVERY CHECK OF $100 OR MORE. Affiliation with 3 Currency Exchanges I, Curt Ports am affiliated with other currency exchanges at the following locations: Younge, Ports, Wiezer & Co. Inc.--Owner 7620 Lyndale Ave Richfield, MN 55423 Landmark Financial mPartner 942 Payne Ave. St. Paul, MN 55101 Endeavor FinancialmPartner 577 University Ave. St. Paul, MN 55103 Work Experience for past 10 Years I, Curt Potts have worked for Landmark Financial since May 1992. Previous to that I attended college at Oral Roberts University from August 1988 through May 1992. List of Owners Curt R. Ports-12-31-69--Owner 8135 Foxberry Bay Savage, MN 55378 475-15-4981 BCA FORM - CURRENCY EXCHANGES TO: Department of Public Safety Bureau of Criminal Apprehension 1246 University Avenue St. Paul, Minnesota 55104 RE: Request for Background Check Currency Exchange Lice~apter 53A) ,, (Print Name) , date of birth !..X..-~3[.- t~ , have made application to the Minnesota Department of Commerce for a Currency Exchange license under the provisions of Minnesota Statute chapter 53A. If I am not the applicant for licensure I am either an officer, a limited/general partner, a manager or a shareholder and will own ten percent (10%) of the stock. Or, I am an employee with the authority to exercise management or policy control over the company. I hereby request the Bureau of Criminal Apprehension to conduct a background investigation of me for I~ensing purpos/e~ as required under Minnesota Statute chapter 53A. Signature and Title Date CURRENCY EXCHANGE APPLICANT This form must be completed by the Minnesota Department of Public Safety, Cdminal Apprehension PRIOR TO submission to the Department of Commerce. There is an $8.00 fee for each background check which should accompany this form. Make check payable to the Department of Public Safety. NOTE TO BUREAU OF CRIMINAL APPREHENSION: Please enclose completed background investigation in a sealed envelope along with this letter. REV. 6/95 This form may be reproduced. STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 55104 - 4197 (651) 642-0670 TTY (651) 282-6555 Date: 040899 Name: POTTS, CURT RAYMOND DOB: 123169 SEQ #: 1064 This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this search indicates that no record was found based on the above search criteria. This does not preclude the possible'existence of additional information located at county or city levels. If you have questions about this record please contact the telephone number above. :~TATE OF MINNF~OTA BOND NUMBER: RED1036176 CURRENCY EXCHANGE SURETY BOND KNOW ALL PERSONS BY THESE PRESENTS: Tha~ YOUNGE, POTTS, WIEZER & CO. , INC. (Name of Currency Exchange) a C~ECK CASH[NG~ A ~TNN;.SO~A CO[~ORA~TON (Oe~p~on or form of busineu organization, [nc~udlmg state of incorporation) PRINCIPAL and 4110 CENTRAL AVENUE, COLUMBIA h-E..~.GHTS, MINNESOTA (street Addr~. C~. State, Zip) REDLAND INSURANCE C01'~Alq~ (Name of Surety) · corporatio~ duly omganized umder the laws of the State of_ _ IOWA which i~ authorized to engage in the bu$ine~ of insurance in the State of Minnesota, as SURETY, are hereby held and flm~y boun0 to tile Department of Commerce of the State of Mlmflesota in the ~um of TEN THOUSAJ~ID DOLLARS ($10,000). Principal and Surety hereby bind themselves, their representatives, successom and assigns, jointly and severally by these pre~ent~. The pm'ties fur~er ~gr~ that: Tha purpose of this obligation, which I~ ~quired by Minnesota Statutes, Se~ion 53A,08. is to secure tile cem~iance by Principal with the te~ms of Minnesote Statutes, Section 53A.02 to 5:3A.13, and any other legal obligations arising out of the Principal's conduct aI a ~rrency ex~, This bond I$ for the benefit of the Stm of Minnesota and all persons suffering damage~ by reed, on of the Prtnctpal'~ failure to corn;W with Minnesota ~atutes. Section 53A.02 to 53A.08, or other legal obligations arising out of Principal's c~nduot a~ a If the Pdme. lt~! shall violate Minnesota Statt.~s, Section 53A.02 to ~.~, or ~ I~ai oblloaU~s ~ out of ~ c~d~ as a ~ ~a~e, t~ Comm~n~ of Co~, as ~ ~ a~ ~ da~ ~ a ~lt of ~ vixen ~1 ha~, in a~ ~ ~1 o~ I~l ~1~, a ~ ~ a~n ~ ~s ~d in ~e na~ offfie Inju~ p~ f~ I~ ~s~in~ by 4. Thi~ bond $,all be effectlve from MAY 1, 1999, until Dec~m~3er 31. 1999. and ~ ~ 7TH day of APRt~. , 1999 _. YO'UNGE, XOTTS, WIEZER & CO., INC. (Name of~rr~cy Ex_charge) .,: (Slgr;ature of I=re~lder~ Partner, or Sole Proprietor) I FOR OFFICE U:~E ONLY I Approved as to form and exe..A4~.~ by the Dk'ec~-'-- of Licensing. SIGNATURE DATE .~-v. e~s (OVER) INSTRUClI~N$: RED1036176 1, This side is to be c~mpleted by a notary public for both ~ PrinciDal and the Surety. 2. Please altac:tl the Power o/Atria'ney and Certified Copy of the Corpor&;e Re~olution for the Surety listed herein. STATE OF ) )~. COUNTY OF ) On thil day of AC~DC~;NTOFINDI~pUA~L ACKN~DGMENT OF P~NClPAL .199 , before me per$onaly appeared known to me as the individual who~e name is ~ubscTtbed on this bond who acknowledged that Ilfll bond was ezscut~d for the ;...'poses therein contained. [Nofla~y Seal] Notary Public ACKNOWL~MENT OF PARTN~RI~IHIP b'~I"ATE OF ) ) ~s. ACKNOWt. EDGMENT OF PRINCIPAL ) COUNTY OF On this ._ day of known to me to be a partner in the par~ershlp whose name is sub~:fibed on tllil bof~ fo~n, who acknowledged to me that this bond was e~ecut~d on behalf of the pa~nemhip for the purposes therein contained. [Notary Seal] I~c~ary Pul)lic AGKNOWI. EDGMENT O_F CqRPORATION STATE t3q; ) ss. ACKNOWI.EDGMENT OF PRINCIPAL On,this ~ day of ~D~,'I . lggC'7 . i:~'ore me pMt, onafly appeared ~_:L~£-t-- i~., ~jD~T-P-~ who acknowWdged that he or she i~ the '~'~,.~, f~.,.~.v%.~-- of a cor~ whose name is sublcrlb~d on this b~nd form, and that, as a corporate officer, he or she is author[zed to exac~.. ~e_.t~nd for ' Mined. ~ ......... ACKNOWLEDGMENT OF SURETY STATE OF :MTNN~.SOTA ) ) as. ACKNOWLEDGMENT OF SURETY COUNTY OF ~'~T~ ) On this 7TH . day of _~)~.IT. .1~ 9 , before me per~)nally appeared mqn~ ~ ~. ~ T~ ~T~T.Q .,. who acknowledged that he au~oH~ed to sign on behMf of EED~L~LND ~.NSUt~.~CE COM~'Y , (suretycompan~), RTATV. CIV TOWA , corporation, on behalfofthe c~morafion. IIOTN~' PUBLIC - MINNE$07,'. :~ WRIGHT COU,~TY ~ REDLAND INSURANCE COMPANY POWER A rORN RED ! 0 3 KNOW ALL MEN BY THESE PRESENTS, THAT RED[AND INSURANCE COMPANY does hereby make, ccr~im~ and appoing Thomas PI. Fairfiald°Michael D. Wi!llams*William ~. Nemec*Lauri~ A. Rosemeyer*Barbara N. Fairfield of Mim~apoLis, ~bl its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf Surety bonds, under~klngs and other instruments of simUa~ m~,~ as fonOaV~:written instruments in an amount not to exceed $2,000,000 This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 18th day of October, 1993. "I~SOLXrED, that the Chairman of the Board, the President, an Executive Vice President or a Vice President be, and that each of them is, authorized to execute Powers of Attorney qualifying the Attorney-in-Fact named in the given Power of Attorrmy to execute in behalf of the Company, bonds, undertakings and other instraments of similar nature, andsaid officers may rename any such Attorney-in-Fact or agent and revoke any Power of Attorney previously granted to such person. .. I:URTHER RESOLVED, that an Assistant Secx~ary be, and that each or any of'them hereby is, authorized to attest the execution .of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may._be..af~, to any. such .Po..wer of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certiti..o, te t~ing sucl~ tacsmule signatures or facsimile seal shall be binding upon the Company w~he~, so affaxed and in the future v~th respect to any bond, undertaking or instruments of similar nature to which it is attached. IN WITNESS WHEREOF, REDLAND INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by its President this lSth day of October, 1993. · L./ JOH~ ~. ~SO~ "~ ' President STATE OF iOWA } ' ' '" : } s.s.: Coundl Bluffs ;' COUNTY OF POTTAWATrAMIE ] On this 18th day of October, 1993 before me personally came John P. Nelson, to me known, who being by me duly sworn, did depose and say that be is President of REDLAND INSURAN.CE C.OMPANY the corpom~on d~ .~ibed in ~ whi,ch execu .md the, above instrument; that he knows the seal of the said corporation, that the seal affixed to me sma instrument ~s such co~porat~ sero; that it was so affixed by o~der of tlm Board of Directors of said corporation and that he signed his name thereto by like order. · I~Y CZ~A~ EXP~ES J~E ALDREDGE a-1 s-~6 NOTARY PUBLIC My Commission Expires March 15, 1996 I, the undersign~ Vice President of REDLAND INSURANCE COMPANY an Iowa corporation, DO HEREBY CERTll~ that the £oregoing and attached Power of Attorney remains in ~ ~rce and has .not been revoked; and furthermore that ~ Resolution of the Board of Directors, set forth in the saidPower of Attorney, is now i~ force. Sig~ed alxi sealed at ~he City of Council Bluffs, in the State oflowa, datedthe 7TH da¥o~ APRIL ,1999 ROGI~I. D. STORDAI~ Vic~ l~-e,~iden~ TI-lIS DOCUMENT IS NOT V3J~ID UNLESS PRINTED ON A GREY $ItADED BA~[GRO!.JND ~ A RED SERIAL NIJMBER I~ Till*. UPPI~R RIGHT HAND 12ORaXlER. THE BACK OF TI-IlS DOCIJMEI~ 12OhrrAINS ~ ARTIFICIAL WATERM3.RK-HOLD AT AN ANGLE TO VIE~. IF YOU I-~VE ~ Q.UESTIONS CONCERNING Till*. A~CITY OF TI-IlS DOCUMENT YOU ARE URGED TO 12ONTACT REDLAND INSURANCE COMPANY AT 12/0 80 OlD STATE HOUSE SQ..UARE, P.O. BOX 2B1~06, I--I~RT~ORD, CONNECTICUT 061.~-I~6 OR ~ OUR I01/POA '-,.~'- ~, .~ L'~ ;' ~...'27Z'..~ :V'.' ' '.7~' "~'~--:--~-:~"~d-"r"%-"; ' : ,'~ ...... ~?':': .' ' ,~ C' ".: ..... _ ' ' - ;' ~ '_ ' '. '. ...... ;~- ........... . ', ~ .... -~ 2'" ' ' ...... .:- ~ .....~k,~_~ ':-~C'~.~,, ...... ~,~:...,., ..,:,.-::~_. ,~.. :..~ . ,... . , · , ':.,~ .. ':..: . ~. . _ - . STATE OF MINNESOTA SECRETARY'OF STATE STATE OF MINN=.SOTA ~ ARTId~flT ARTICLES OF INCORPO~ TION R~ Busine~ and Nonprofit Co~o~tions JAN 0 TO ~ED~E THE ~ ~F YOUR DCCUM~E ~ SU~M~A ~PED. S~_F-A~~~~- ~e undemigned in~~s) Js a~ (am) ~ual(s) 18 yearn cf ~e or order and ada~ ~ f~ a~es of in~m~n ~ ~ a (m~ ONLY one): AR~C~ I The name of ~ ~n ~: /// .,. oo DZ?,':.F.;'.,'.. "..],',iT OF STATf I hereby c~r:';.~ thct this is a true ~ndZc'o'mb4'~ copy of the do~u~.~m~ os Tile--J ~r record m , ,'~L~ 'C:: ..- ~. '...-, -. . e,~.~,~e o~ Minne~o~%' SECRETARY OF STATE 0003'7'71 C~TIFICATE OF INCORPORATION Minnesota, do certify that: Articles of Incorporation, ~uly signed and acknow!edge~ under oath, have been file~ on this date in the Office of =he Secretary of State, for ~_hm incorporation of the following corporation, under ama in Statutes listed below. This corporation is now legally organized under =he laws of Minnesota. Corporate Name: Younge, ~otts, Wiezer & Company Inc. corporate Char~er N%L~ber: 9Y-943 Chapter Fo~-med Under: 302A This certificate b. been issue~ on 01/08/19g$. Secretary or' State. EXCHANGES CHAPTER 53A CURRENCY 53A.04 Approval or denial of an application. (a) Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The goveming body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision. (b) If the application is denied, the commissioner shall send by mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days of receiving the notice of a denial, request a contested case headng pursuant to chapter 14; provided that if the denial is based upon the refusal of the governing body to concur the governing body must afford the applicant a hearing. The applicant shall have no right to the hearing provided for in this section if the denial is based upon the governing body's refusal to concur but shall have a hearing before the governing body. (c) This section applies to initial applications and renewal applications. (d) The state shall have no responsibility for the action of the governing body. CITY COUNCIL LETTER Meeting of: April 26, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: ~ CITY MANAGER ' S APPROVAL ITEM: 1999-2000 PMA MEMORANDUM OF BY: LINDA L. MAG~ BY: The current Memorandum of Understanding between the City and the ~dblic Manager'~ Association, representing Division Heads, terminated on December 31, 1998. Negotiations between the city's negotiation spokesperson and PMA have resulted in a mutually acceptable Memorandum of Understanding for calendar years 1999 and'2000. The proposed changes are attached and as follows: Waqes: 1999: 3.5% adjustment over 1998 and change in number of years to maximum of range from 13 years to 10 years 2000: 3.5% adjustment over 1999 Insurance: 1999: $415 per month (1999 = $375 per month) 2000:$455 per month Add option of long term disability. Deferred ComDensation: Employer shall pay on a dollar-for-dollar matching basis; $500 per employee for 1999; $500 per employee for 2000 (1998 = $500). ComDensator¥ Time: At discretion of City Manager, employees may be granted compensatory time off. The total cost package over the two years is 7.79%. Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 1999 and 2000. Also attached is a uniform settlement form. Minnesota Statute 179A.04, Subdivision 3, paragraph (n) requires completion of a Uniform Settlement Form (Form). The form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.04, Subdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: April 26, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: 1999-2000 PMA MEMOR_ANDUM OF BY: LINDA L. MAGEE BY: UNDERSTANDING DATE: 4-16-99 DATE: NO: Page 2 of 2 The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. The difference between the percentage change from baseline reflected on the Uniform Settlement Form and the total cost package is attributable to the fact that the form includes cost of movement through the wage schedule. This is not included as a part of the total cost package of the City unless there is a change in the wage schedule (ex., added step, etc.). Thus, if the new dollars for wage schedule movement and the corresponding social security and retirement contribution attributable to the wage schedule movement were subtracted, the change in baseline would be the same as the total cost package. Likewise, if all members of the bargaining unit were at the maximum of their range~ the change from baseline and the total cost package would be the same. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 99- , regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 1999 - December 31, 2000. COUNCIL ACTION: RESOLUTION NO, 99~52 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 1999 and 2000; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1999 and 2000 for the Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. Passed this 26th day of Apr i 1 ,1999. Offered by: dolly Seconded by: Szurek Roll Call: All ayes Gary L. Peterson, Mayor JoAnne Student, Council Secretary CITY OF COLUMBIA HEIGHTS PROPOSAL TO PUBLIC MANAGER'S ASSOCIATION APRIl, 8, 1999 e WAGES: 1999: 3.5% over 1998 2000: 3.5% over 1999 INSURANCE: The EMPLOYER will contribute up to a maximum of four hundred and fifteen dollars ($415) per month per employee for calendar year 1999 for employee life insurance, group health insurance, long term disability insurance (at the written request of the PMA); and dental insurance. Should the cost of such benefits be less than $415 per month, the difference may be used toward any other City-provided insurance benefit and/or ICMA deferred compensation. The EMPLOYER's contribution per month per employee for calendar year 2000 for employee life insurance, group health insurance, long term disability insurance (at the written request of the PMA), and dental insurance will be four hundred fifty-five ($455) dollars. Should the cost of such benefits be less than $455 per month for 2000, the difference may be used toward any other City-provided insurance benefit and/or ICMA deferred compensation. ICMA DEFERRED COMPENSATION As a form of additional compensation, the EMPLOYER shall pay on a dollar-for-dollar matching basis up to a maximum of: $500 per year per employee for 1999 $500 per year per employee for 2000 toward the ICMA Deferred Compensation Plan. COMPENSATORY TIME At the discretion of the City Manager, employees may be granted compensatory time off in recognition of time worked in excess of that expected of exempt employees. Denials of requests for compensatory time are not subject to the grievance procedure. DURATION This Memorandum of Understanding shall be effective as of January 1, 1999, and shall remain in force and effect until December 31, 2000. This agreement shall continue in effect until a new agreement or contract supersedes it. ,-., Z_c ~ Z= Z_c z ~ ~ CITY COUNCIL LETTER Meeting of: April 26, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: ESTABLISHING COUNCIL WORK BY: J. Student BY: SESSIONS ~"/~ "~ ~1~ DATE: April 22, 1999 DATE: Monday, May 17, 1999 is the date being recommended for the next Council Work Session. The recommended starting time is 6:15 p.m. to accommodate the schedules of some guests who will be making presentations at the work session. Gene Ranieri, Executive Director of the AMM, and Nancy Jorgenson, Mayor of Fridley will be coming to speak about the advantages of AMM membership. Fridley Councilmember, Steve Billings, is coming to address issues regarding the North Star Corridor. The Fridley City Council has a work session scheduled for 7:00 p.m. on Monday, thus the 6:15 p.m. starting time. MOTION: Move to establish Monday, May 17, 1999 at 6:15 p.m. as the date and starting time for a Council work session. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: April 26, 1999 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: ESTABLISHING DATE FOR QUARTERLY BY: J. Student BY: MEETING ~'~- ~ 1 ri DATE: April 22, 1999 DATE: MOTION: Move to establish the quarterly meeting of the Columbia Heights City Council, Fridley City Council and Independent School District #13 School Board for Thursday, May 20, 1999 at 6:30 p.m. at the Fridley Community Center. Sandwiches will be provided. COUNCIL ACTION: , C'l' OF COLUMBiA'HEiGHTS i Sgo AVENUE N.E., COLUMBIA HEIGHT$~ MN 5~421 -3878 (6 ! 2)_ 782;2800 TDD 782-2806 ih.,. , ]~E~As: SUc~ semite h~ requ{red Sa~d?' h=dshp, ~du~ce, dedication, a~tioB .... ~ :-t~hereby c~fl upon ~i my fellow fitiz~s tO reco~z8 ~e I~ :" '10¢~ Anniversa~ of the Veterans of Forei~ ~ars of the United Statex ~d to '-''~- -'"-7 ..... ,, rec0~ze ae 68 Anmversae of[F.~ Pos(~23q whch wa chmera on ~"Y ¥ = M~ch 4, 'f93i.~ '. : - BTB~ I ~ge ali ~&vidu~s, schools, bus~esses, ch~ches ~d civic orgmzafions .,..-' .: to Proudly ~Spiayhe flag o~eUdt~ g6i~Sfm~¢~ today. Mayor Gary L. Peterson April 1999 EIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: 4/26/99 AGENDA_SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER NO : ~i~ PUBLIC WORKS ITEM: RESOLUTION ORDERING THE BY: K. Hanse BY: IMPROVEMENTS FOR THE 1999 ALLEY DATE: 4/22/99'--'~ DATE: IMPROVEMENT PROGRAM b ' i~ ' t 4 I1~ Background: The City Council held a Public Improvement Hearing at their meeting 0fMarch 29, 1999. The 1999 Alley Program was ordered with 15 of 17 alley segments to be constructed throughout the City. Two alley segments were tabled to the April 264 meeting for additional considerations. The two alleys tabled to April 264 were: 40th to 41st Avenue Jackson to Van Buren Street Jefferson Street to N-S Alley. 150' north of 44th to 45th Avenue. Analysis/Conclusions: Maps of each alley are attached for reference. The main issue at the March 29th Improvement Hearing dealt with access issues and resident opposition to constructing the alleys. Staff recommended vacating alley (1) and making improvements to alley (2) at the Improvement Hearing. Addressing each alley separately: 40th to 41st Avenue - Jefferson Street to N-S Alley: In response to letters sent out for alley vacation, two were in favor of vacating this alley with the property owner at 615 404 Ave. in favor of constructing the alley. This property owner feels the alley is necessary to provide off-street parking for the five-unit building. Attached please f'md the existing parking layout and a possible alternative layout prepared by staff. The two property owners to the east indicated, upon vacation of this alley, they were going to privately pave this existing area west of Jefferson to provide driveway access. Staff met with the property owner of 615 404 Ave. and reviewed the alternate parking layout and existing conditions. He indicated that he still wanted the alley paved for winter access & snow plowing of his parking area. The owner did question drainage, but staff indicated that drainage would still have to be provided as it is now, through the alley segment to the east to Jefferson. He indicated that he would speak to the other two property owners to see if some additional private paving modifications could be made that would also benefit his property. Jackson to Van Buren Street - 150' north of 44th to 45th Avenue: At the Improvement Hearing, adjacent land owners spoke in opposition of paving the alley as proposed and recommended by staff. Two letters signed by all residents of Van Buren and 7 of 8 residents of Jackson were received at the Hearing in opposition to the improvement. The owner of 4425 Jackson did not sign the petition. Commentary was also provided that stated pedestrian traffic is a problem here with retail businesses at both ends of the alley on 44th and 45t~. In evaluating the vacation of any public right-of-way, serious consideration needs to be given to any potential exposure to the city. In discussions with the City Attorney, he provided an opinion that where a garage or driveway access is present and the City vacates the public use of the right-of-way, there is apotential claim for diminished value of the property due to loss of access. The City exposure would be for the change in value before and after the vacation. Further in this matter, any type of 'release' signed by the current owner waiving the loss of access is irrelevant. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 4/26/99 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION ORDERING THE BY: K. Hansen BY: IMPROVEMENTS FOR THE 1999 ALLEY DATE: 4/22/99 DATE: IMPROVEMENT PROGRAM Continued - Page 2 RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No.&~/ which orders the vacation of an alley, generally described as 40th to 41st Avenue, N-S Alley to Jefferson Street, and retaining a drainage and utility easement. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 99-30 which orders the improvements of an alley, generally described as Jackson Street to Van Buren Street, 150 feet north of44~h Avenue to 45th Avenue. I<-~I:kh 99-123 Attachments: Maps Resolutions Parking Diagram for 615 40t~ Ave. COUNCIL ACTION: ADOPTED AT APRIL 26, 1999 COUNCIL MEETING - RECONSIDERED AND DENIED AT MAY 10, 1999 MTG, RESOLUTION NO. 99 -27 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPAi~ATION OF PLANS WHEREAS, Resolution No. 99-19 of the Columbia Heights City Council adopted the 8th day of March, 1999, fixed a date for a council hearing on the proposed improvement of an alley, 40th Avenue to 41st Avenue, north-south alley to Jefferson Street AND WHEREAS, ten days mailed notice and twice published notice of the hearing a week apart was given, and the hearing was held thereon the 29th day of March, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, AND WHEREAS, the Council continued the hearing to April 26, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the extent of such improvements is as follows: Concrete alley construction. Work includes required utility work, new granular sub-base, new aggregate base, new concrete surfacing, required retaining wall, concrete or bituminous driveway, service walk/step and sod replacement and miscellaneous construction items. The proposedalley width 10 feet or 12 feet. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the Council Resolution adopted 8th day of March, 1999. These improvements shall also be known as P.I.R. 989 - Project #9902. Kevin Hansen is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 26th day of April, 1999. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA Jo-Anne Student, Deputy City Clerk Gary L. Peterson, Mayor R E S O L U T I O N NO. 99 - 30 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, Resolution No. 99-19 of the Columbia Heights City Council adopted the 8th day of March, 1999, fixed a date for a council hearing on the proposed improvement of an alley, Jackson Street to Van Buren Street, 150 feet north of 44~h Avenue to 45~h Avenue AND WHEREAS, ten days mailed notice and twice published notice of the hearing a week apart was given, and the hearing was held thereon the 29th day of March, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, AND WHEREAS, the Council continued the hearing to April 26, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the extent of such improvements is as follows: Concrete alley construction. Work includes required utility work, new granular sub-base, new aggregate base, new concrete surfacing, required retaining wall, concrete or bituminous driveway, service walk/step and sod replacement and miscellaneous construction items. The proposed alley width 10 feet or 12 feet. 2 o Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3 o Such improvement is hereby ordered as proposed in the Council Resolution adopted 8th day of March, 1999. 4. These improvements shall also be known as P.I.R. 992 - Project #9902. 5o Kevin Hansen is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 26th day of April, 1999. Offered by: Seconded by: Szurek Roll Call: All ayes CITY OF COLUMBIA HEIGHTS, MINNESOTA Jo-Anne Student, Deputy City Clerk Gary L. Peterson, Mayor I Assessment Project Legend: Bituminous Construction Concrete Construction -/,// Alley Access \ Street Access - Alley & Street Access Base Map fl LoT/PARCEL -l WATER FEATURES fl ROW E HILLTOP [::] MNNFIPOUS Map Date: 3/19/1999 ofColwnbia Heights - Engireeri ng/Pub I tc Worla D eparbnent ALLEY CONSTRUCTION - CONCRETE I999 CONSTRUCTION 9q2-7 JACKSON AND VAN BUREN 150, NoR TH OF.t4Tlt TO 45TI{ 630'- l5 PARCELS o-\{\t \-J b,\\ L) { t\U Rd Q., III &:urces: GJ.S. N+ C,ty RESIDENTIAL COMM-MF DISCOUNT (l)City of Columbia Heights Engineering / Public Works 1999 Proposed Assessment Projects - Alley Construction I a O IIa a F zoa \< O - z tUx3 mz Projwt Nme: Projct Number: Project Descr.: 1 0 4050 4041 4044 4 24_25 40224021 4015 lt) ()(I)609 o 24 \r(3(0 612 Assessment Proiect Legend Bituminous Construction Concrete Construction z/- Alley Access \ SteetAccess - Alley & sfeet Access Map Date: 3/19/1999 &ttrcu: Ctty ofColumbn Heights -* Enginering/Public Worlc Departtnent Base Map E HILLTOP - MNNEAPOUS Iry9 CONSTRUCTION 99024 ALLEY CONSTRUCTION . CONCRETE 4OT}I AND 4 IST N.S AIIEY TO JEFFERSON I45FEET.3PARCELS a.s\l t\ do{ \U Nd + GJ.S. III N+ RESIDENTIAL COMM-MF DISCOUNT Fa (1) EH,:,i,a Heights Engineering / Public Works 1999 Proposed Assessment Projects - Alley Construction 4043 4031 M1 tU LLtL tU - 40 2 1 Cll ( 637 I I I I 636ilN a(D t[ I I I a o II I I I a n t_l oO a c arff ProjctNm: ProjectNurnber: Projct Dscr.: l I I c 1 R E S O L U T I O N NO. 99 - 27 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, Resolution No. 99-19 of the Columbia Heights City Council adopted the 8th day of March, 1999, fixed a date for a council hearing on the proposed improvement of an alley, 40th Avenue to 41st Avenue, north-south alley to Jefferson Street AND WHEREAS, ten days mailed notice and twice published notice of the hearing a week apart was given, and the hearing was held thereon the 29th day of March, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, AND WHEREAS, the Council continued the hearing to April 26, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the extent of such improvements is as follows: Concrete alley construction. Work includes required utility work, new granular sub-base, new aggregate base, new concrete surfacing, required retaining wall, concrete or bituminous driveway, service walk/step and sod replacement and miscellaneous construction items. The proposed alley width 10 feet or 12 feet. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3 o Such improvement is hereby ordered as proposed in the Council Resolution adopted 8th day of March, 1999. These improvements shall also be known as P.I.R. 989 - Project #9902. 5o Kevin Hansen is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 26th day of April, 1999. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA Gary L. Peterson, Mayor Jo-Anne Student, Deputy City Clerk R E S O L U T I 0 N NO. 99 - 30 BEING A RESOLUTION ORDERING IMPROVEMENT AAiD PREPAR3~TION OF PLAI~S~ WHEREAS, Resolution No. 99-19 of the Columbia Heights City Council adopted the 8th day of March, 1999, fixed a date for a council hearing on the proposed improvement of an alley, Jackson Street to Van Buren Street, 150 feet north of 4~th Avenue to ~5th Avenue AND WHEREAS, ten days mailed notice and twice published notice of the hearing a week apart was given, and the hearing was held thereon the 29th day of March, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, AND WHEREAS, the Council continued the hearing to April 26, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the extent of such improvements is as follows: Concrete alley construction. Work includes required utility work, new granular sub-base, new aggregate base, new concrete surfacing, required retaining wall, concrete or bituminous driveway, service walk/step and sod replacement and miscellaneous construction items. The proposed alley width 10 feet or 12 feet. 2 o Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3 o Such improvement is hereby ordered as proposed in the Council Resolution adopted 8th day of March, 1999. These improvements shall also be known as P.I.R. 992 Project $9902. 5 o Kevin Hansen is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 26th day of April, 1999. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTk Jo-Anne Student, Deputy City Clerk Gary L. Peterson, Mayor CITY COUNCIL LETTER Meeting of: 4/26/99 AGENDA SECTION: ~ P U B L I C H EAR I N G S ORIGINATING DEPARTMENT: CITY MANAGER NO: b PUBLIC WORKS RESOLUTION ORDERING AN IMPROVEMENT BY: K. Hanse~ BY: ITEM: OF AN ALLEY: SOUTH HALF OF THE ALLEY FROM DATE: 4/22/99~g--~''~ DATE: 4~a TO 5~ STREETS, 52~rv TO 53m) AVENUES b * ll~ Background: The City Council ordered an Improvement Hearing for April 26th at their meeting of April 12th, 1999. The Improvement Hearing for the 1999 Alley Program was held March 29, 1999 and consists of constructing 15 alley segments throughout the City. The north half of this alley was ordered by council at the March 29th Hearing. Subsequently, a petition, signed by 9 of 10 property owners, was received by the city requesting the south half of the alley also be reconstructed. Analysis/Conclusions: A amended feasibility report, engineers cost estimate, and map are attached for reference. The proposal includes concrete alley construction, 6 inches in thickness and 10 feet in width due to the existing r-o-w or easement is only 12 feet. Driveway approaches will be matched with in~kind material (concrete or bituminous) up to 3 feet for all existing hard surfaced driveways. If ordered by the Council, this alley segment will be included in the 1999 Alley Improvement Program. The proposed assessment methodology is the same as what was proposed under the concrete alley paving program on a parcel unit basis, at $1,200 per parcel. RECOMMENDED MOTION: Move to accept the Feasibility Report for the petitioned alley Improvement, 4TM to 5ra Streets, 52~ to 53~m Avenues (south half). RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 99-50 which orders the improvement for the petitioned alley, 4ra to 5TM Streets, 52~ to 53m Avenues (south half). g3I:jb 99-100 Attachments: Resolution Amended Feasibility Report Engineers Cost Estimate Map Project Estimate Sheet & Assessment Rate Sheet COUNCIL ACTION: R E S 0 L U T I 0 N NO. 99 - 50 BEING A RESOLUTION ORDERING IMPROVEMENT ~ PREPA~3~TION OF PLANS WHEREAS, Resolution No. 99-47 of the Columbia Heights City CounciI adopted the 12th day of April, 1999, fixed a date for a council hearing on the proposed improvement of an alley, 4th Street to 5tn Street, 52ne Avenue to 300 feet north of 52nd Avenue AlqD WHEREAS, ten days mailed notice and twice published notice of the hearing a week apart was given, and the hearing was held thereon the 26th day of April, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the extent of such improvements is as follows: Concrete alley construction. Work includes required utility work, new granular sub-base, new aggregate base, new concrete surfacing, required retaining wall, concrete or bituminous driveway, service walk/step and sod replacement and miscellaneous construction items. 2 o Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3 o Such improvement is hereby ordered as proposed in the Council Resolution adopted on the 12th day of April, 1999. 4. These improvements shall also be known as P.I.R. 1012 - Project #9902. 5o Kevin Hansen is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 26th day of April, 1999. Offered by: Szurek Seconded by: Roll Call: All ~yes CITY OF COLUMBIA HEIGHTS, MINNESOTA Jo-Anne Student, Deputy City Clerk Gary L. Peterson, Mayor 52 t57l ]rl F Fa I Assessment Proiect Legend Bituminous Construction Concrete Construction . RESIDENTIAL I COMM-MF I DTSCOUNT Base Map LOT/PARCEL i.._l WATER FEATURES r---] ROW E HILLTOP E MNNEAPOLIS ProjctNme: ProjctNuds: Projsl D€scr.: hojct Location: I999 CONSTRUCTION 9902-l68 ALLEY CONSTRU TION . CONCRETE ,lTH & 5TH 52ND TO 3OO FEET NOR,TH OF 52ND 285',- l0 PARCELS Map Date: 411211999 burces: 'ofColumbta Hergh* - Engmeentg/Publ ic Works D eparbnent I z/- Alley Access \ StreetAccess - Alley & Steet Access N+! a / 52ND Crty GJ.S. (t)City of Columbia Heights Engineering / Public Works 1999 Proposed Assessment Projects - Alley Construction \d\I F,t d { E\U Noq o.I PORTRAIT 5159 1 a o City of Columbia Heights FEASIBILITY REPORT FOR 1999 ALLEY IMPROVEMENTS ALLEY RECONSTRUCTION CITY PROJECT 9902 ADDENDUM #1 APRIL, 1999 ENGINEERING DEPARTMENT 63 7 38th Avenue NE, Columbia Heights, MN 55421 612-782-2880 · 612-782-2875 (Fax) GRAVEL ALLEY IMPROVEMENTS ALLEY RECONSTRUCTION COLUMBIA HEIGHTS, MINNESOTA PROJECT NUMBER 9902 ADDENDUM #1 LOCATION: IMPROVEMENTS: INITIATION: OWNERS ABUTTING: ISSUES: FEASIBILITY: BITUMINOUS ALLEY RECONSTRUCTION - 4TM ST AND 5TM ST: 52~ AVE TO 300' NORTH OF 52m~ AVE This feasibility study provides an analysis of the bituminous alley reconstruction referenced above. Alley Surface. Between 4th and 5th, from 52nd to 300' north of 52ha, nine adjacent property owners submitted a petition requesting the alley be reconstructed. 4th and 5th 52nd to 300' North of 52nd 0o) The alley located between 4th and 5th, 52nd to 53rd, was originally paved with bituminous in 1959. The alley is 10' wide in a 12' wide right-of-way. The south half of the alley has a slope of over 2% and is in marginal to fair condition. The north half of the alley has a flat grade and ponds water. At the Public Hearing on March 29, 1999 the City Council ordered an improvement to construct the north half of the alley with concrete, from 300' north of 52nd Avenue to 53rd Avenue. After the hearing in March, nine property owners adjacent to the south half of the alley submitted a petition requesting the south half of the alley be reconstructed. The improvement consists of adding the reconstruction of the alley with concrete from 52nd Avenue to 300' north of 52nd Avenue in conjunction with the Council ordered reconstruction of the north half of the alley. The alley will be constructed with 3" of gravel and 6"of concrete. The proposed improvement project is cost-effective with the inclusion of partial city funding, and technically feasible. 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 1 SCHEDULE: FINANCING: ASSESSMENT: Construction is scheduled to begin in the late spring of 1999, with substantial completion occurring in the early fall. Council receives final Feasibility Report and orders Public Improvement Hearing ...... April 12 Public Improvement Hearing and Council orders Public Improvement Project ......... April 26 Council Approves Plans and Specifications, Authorizes Advertisement for Bids ....... April 26 Bid Opening ............................................................ Mayl8 Council Awards Contract .................................................. May 24 Begin Construction ........................................................ June 7 Construction Completed ............................................... September 15 The estimated costs for this additional alley segment is $27,400 for a total 1999 Alley Improvement Program project cost of $552,335. Financing would be a combination of Municipal State Aid funds (population apportionment) and assessments to benefitted properties. A portion of the alley improvements are proposed to be assessed to benefitting properties. A policy has been adopted by the City Council by resolution to assess alley reconstruction on a parcel basis. Assessing 100% of the construction cost would result in an average cost of $2,900 per parcel. Based on the cost-sharing formula developed for alley reconstruction, staf£recommends an assessment of $1,200 per parcel for the concrete alley construction. Page 2 PROPOSED ASSESSMENT COSTS ALLEY CONSTRUCTION P.I.R. 1012 4TH STREET TO 5TH STREET 52ND AVENUE TO 300' NORTH OF 52ND AVENUE ESTIMATED COSTS ALLEY CONSTRUCTION ENGINEERING ADMINISTRATION ALLEY CONSTRUCTION PROJECT COST $27,400.25 $2,740.05 $1,096.20 $31,236.50 ASSESSMENT: 10 PARCELS FULL ASSESSMENT RATE $31,236.50 10 $3,123.65 / PARCEL ESTIMATED COST SHARING TOTAL PROJECT COST CITY SHARE ASSESSED COST PROPOSED ASSESSMENT RATES CONCRETE ALLEY RESIDENTIAL $1,200.00 10 $31,236.50 ($19,236.50) $12,000.00 = $1,200.00 / PARCEL 04/14/99 PAGE 1G\PVV~ENG\PROJECTS\1999\9902\HEARING 2 ENGINEER'S ESTIMATE ALLEY CONSTRUCTION P.I.R. 1012 4TH STREET TO 5TH STREET 52ND AVENUE TO 300' NORTH OF 52ND AVENUE CONSTRUCTION COSTS No._=.. Description 1 2 3 4 5 6 7 8 9 10 11 12 Remove concrete curb and gutter Remove concrete apron Remove concrete driveway Remove bituminous street/alley Subgrade excavation Granular borrow Aggregate base class 5 Concrete curb and gutter Concrete alley Concrete apron Concrete driveway Sod w/topsoil Quantity Unit Unit Price Total 20 L.F. $4.00 $80.00 30 S.F. $1.00 $30.00 165 S.F. $1.00 $165.00 339 S.Y. $2.00 $678.00 94 C.Y. $8.50 $799.00 94 C.Y. $6.50 $611.00 118 Ton $8.50 $1,003.00 20 L.F. $11.00 $220.00 801 S.Y. $25.65 $20,545.65 80 S.F. $3.90 $312.00 859 S.F. $3.40 $2,920.60 12 S.Y. $3.00 $36.00 $27,400.25 04/14/99 PAGE 1 G\PV~AENG\PROJECTS\1999\9902\HEARING 2 R E S 0 L U T I O N NO. 99 - 50 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, Resolution No. 99-47 of the Columbia Heights City Council adopted the 12th day of April, 1999, fixed a date for a council hearing on the proposed improvement of an alley, 4th Street to 5tn Street, 52nd Avenue to 300 feet north of 52nd Avenue AND WHEREAS, ten days mailed notice and twice published notice of the hearing a week apart was given, and the hearing was held thereon the 26th day of April, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MIAINESOTA: 1. That the extent of such improvements is as follows: Concrete alley construction. Work includes required utility work, new granular sub-base, new aggregate base, new concrete surfacing, required retaining wall, concrete or bituminous driveway, service walk/step and sod replacement and miscellaneous construction items. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3 o Such improvement is hereby ordered as proposed in the Council Resolution adopted on the 12th day of April, 1999. 4. These improvements shall also be known as P.I.R. 1012 - Project #9902. Kevin Hansen is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 26th day of April, 1999. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA Jo-Anne Student, Deputy City Clerk Gary L. Peterson, Mayor CITY COUNCIL LETTER Meeting of April 26, 1999 AGENDA SECTION: PUBLIC 14EARl NGS ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation ,_ ,~ DATE: April 21, 1999 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Mohammed Khan regarding rental property at 981 43-1/2 Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of April 26, 1999. The pubhc heating 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 Mohammed Khan Regarding Rental Property at 981 43-1/2 Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of: 4/26/99 AGENDA SECTION:~ RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER NO r~ PUBLIC WORKS ADOPTION OF AN ALLEY REHABILITATION BY: K. Hansen ~ BY: ITEM: PROGRAM AND APPROVAL OF ALLEY ASSESSMENT DATE: 4/20/9 ,9.x~n.~-J DATE: POLICY RESOLUTION NO, 99-21 ?o,4-1 Background: The feasibility report for the 1999 Alley Paving Program was accepted by the City Council at their March 8, 1999 regular meeting. An Improvement Hearing was held on March 29, 1999, a Resident Informational Meeting was held on March 23, 1999 at 6:30 p.m. and the Public Improvement Hearing for 17 alley segments was held on March 29, 1999. Analysis/Conclusions: The street rehabilitation program did not specifically identify alleys within its establishing resolution, although it may be implicit within a 'street system'. Due to differing pavement material and assessment methodology, staff is proposing a resolution which would establish a formal alley rehabilitation program. The proposed policy would establish concrete as the pavement material for alley reconstruction and would also establish an assessment policy on a 'parcel' unit basis. A resolution is attached which incorporates these items into an overall alley rehabilitation policy. Another issue that is proposed by staff is to differentiate land use within the assessment policy. The basis for this is that commercial or apartment uses are the higher traffic generators and therefore contribute a higher amount to the use and degradation of a road system than single family uses. Also, there is the question of fairness when looking at a commercial or apartment building receiving the same benefit as single family home. Considering these issues, staff is recommending the following for the 1999 Alley Program: Single Family and Duplexes: (as previously proposed) · Bituminous: $ ~ Concrete: $ · Access restricted: $ 925.00 1,200.00 750.00 Commercial, Industrial, and Apartments · Bituminous: $ 2,155.00 · Concrete: $ 2,900.00 · Access restricted: $ 1,250.00 As previously discussed, the parcel rate basis for single family homes represents the city subsidizing approximately 60% of the construction costs. The proposed rate for commercial, industrial and apartment buildings represents 100% of the costs on a parcel rate basis for all abutting parcels under the 1999 program. There are currently 14 parcels that would be affected by this proposal. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 4/26/99 AGENDA SECTION: RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPTION OF AN ALLEY REHABILITATION BY: K. Hansen BY: PROGRAM AND APPROVAL OF ALLEY ASSESSMENT DATE: 4/20/99 DATE: POLICY Continued - Page 2 }LECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 99- ? 1 being a Resolution establishing an Alley Rehabilitation Program and Alley Assessment Policy. ICU~b 99-114 Attachment: Resolution COUNCIL ACTION: RESOLUTION NO~ 99~21 ADOPTING AN ALLEY REHABILITATION PROGRAM AND ALLEY ASSESSMENT POLICY WHEREAS, most of the alleys controlled and maintained by the City of Columbia Heights are thirty or more years old; and WHEREAS, it is recognized that a systematic program of surface maintenance, including patching, crack sealing, seal coating, and joint filling can extend the life of concrete and asphalt pavements; and WHEREAS, it is recognized that, even with a systematic program of maintenance, it becomes necessary to rehabilitate concrete and asphalt pavements in order to preserve the original investments in the construction of an alley; and WHEREAS, it is City policy that the General Fund will be used for City-wide alley maintenance such as pothole patching, alley sweeping, and snow removal, and that specific maintenance and capital improvements such as seal coating, curb and gutter replacement, sidewalks, and pavement rehabilitation will be paid for by the property owners benefitted; and WHEREAS, the City Council recognizes that the current policies with regard to maintenance and assessments have not been conducive to a systematic program of alley rehabilitation that will preserve the investment made in the alley system. NOW, THEREFORE, BE IT RESOLVED: That in order to preserve the investment in the alley system, the following practices will be followed: The City street system has been divided into seven zones for the purpose of maintenance, seal coating and rehabilitation. o In an 'off' year of the Street Rehabilitation Program, the City Engineering staff will review alleys in the entire City to be seal coated and determine which alleys would benefit from rehabilitation for alleys in need of rehabilitation, and determine a maximum assessment rate based on the type of rehabilitation and the availability of City funds that can be applied to start rehabilitation. o The City Council will review these recommendations, and as appropriate, order improvement hearings to provide testimony from those property owners affected by the proposed alley rehabilitation projects. When appropriate, the City Council will set a maximum assessment rate based on the type of rehabilitation, and availability of City funds for alley rehabilitation, and order the improvements, with those costs not covered by the assessment being paid for out of the Infrastructure Fund. Recognizing the uniqueness of alleys in the overall street system, assessments to property shall be established on aparcel unit basis. Considering the material longevity, constructability in a narrow right-of-way, and better drainage characteristics for an inverse crown, concrete shall be the surfacing material for alley reconstruction work. Passed this 26th day of April, 1999. Offered by: ~/yc ko f f Seconded by: Hun te r Roll Call: A11 ayes Mayor Gary Peterson Jo-Anne Studem, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights 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 26th day of April, 1999, as disclosed by the records of said City in my possession. Seal Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: April 2~, 1999 AGENDA SECTION:~TSM$~ F0R CON$]DSRAT~0N ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER'S APPROVAL ITEM: SECOND READING OF ORDINANCE NO. BY: CHARTER COMMISSION BY: 1388, PERTAINING TO COUNCIL DATE: 4-20-99 DATE: SALARIES NO: 'a When the Charter Commission reviewed the entire charter in the last several months, it was learned that this section of the charter was not in accordance with state statutes. The salary amounts stated for the mayor and council members were quite outdated. Therefore, the commission wanted to update this section of the charter accordingly. The City Council has held the first reading of this amendment on April 12, 1999. RECOMMENDED MOTION: public. RECOMMENDED MOTION: Charter relating to Salaries. Move to waive the reading of the ordinance, there being amPle copies available to the Move to adopt Ordinance No. 1388, Pertaining to Chapter 2, Section 13, of the City COUNCIL ACTION: ORDINANCE NO. 1388 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 13 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO MAYOR/COUNCI~L SALARIES The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 13, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: The mayor shall receive a salary of Twenty-five Dollars ($25.00) per month, and the council members shall each receive a salary of Fffieen Dollars ($15.00) per month and in addition thereto when the council meets as a Board of Equalization, the members shall receive not to exceed Ofie Dollar ($1.00) per hour. The city manager and all subordinate officers and employees of the city shall receive such salaries or wages as may be fixed by resolution of the council. IS HEREWITH AMENDED TO READ AS FOLLOWS: The mayor and council members shall by ordinance fix their own salaries in such amount as they deem reasonable. No change in salary shall take effect until alter the next succeeding municipal election. Section 2: This Ordinance shall be in full force and effect from and alter ninety (90) days alter its passage. First Reading: Second Reading: Date of Passage: April12,1999 April 26, 1999 April 26, 1999 Offered by: H u n t e r Seconded by: ldyc ko f f Roll Call: ~11 ayes Gary L. Peterson, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: April 26, 1999 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER ' S APPROVAL ITEM: SECOND READING OF ORDINANCE NO. 1389, BY: CHARTER COMMISSION BY: PERTAINING TO ABSENCE OF THE MAYOR DATE: 4-20-99 DATE: No: The Charter Commission has been reviewing this section of the charter for some time now. What the commission wished to accomplish is clarify further the role of the President Pro Tempore of the Council in the absence of the Mayor. The commission also wished further wording be placed in the charter to direct who would perform the duties of the mayor in the absence of the Mayor and the President Pro Tempore. The City Council has held the first reading of this amendment on April 12, 1999. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1389, Pertaining to Chapter 2, Section 10, of the City Charter relating to The Mayor. COUNCIL ACTION: ORDINANCE NO. 1389 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 10 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE MAYOR The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 10, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 2, SECTION 10. THE MAYOR. The mayor shall be the presiding officer of the council, except that a president pro tempore shall be chosen who shall serve as president in the mayor's absence. The mayor shall exercise all powers and perform all duties conferred and imposed upon ~he mayor by this charter, the ordinances of the city, and the laws of the state. The mayor shall have the appointment, control and direction of all police officers of the city, and shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. In the event of a vacancy in the office of mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except in the case of a recall, the vacancy shall be filled in the manner provided by this charter. IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 2, SECTION 10. THE MAYOR. The mayor shall be the presiding officer of the council, and shall exercise all powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city, and the laws of the state. A president pro tempore shall be chosen who shall serve as president in the mayor's absence, and who shall, in the mayor's absence, exercise all powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city and the laws of the state. In the absence of both the mayor and the president pro tempore, the councilmember with the most seniority (as determined by consecutive uninterrupted years of service to date) shall exercise and perform said powers and duties. The mayor shall have the appointment, control, and direction of all police officers of the city, and shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. In the event ora vacancy in the office of mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except in the case of a recall, the vacancy shall be filled in the manner provided by this charter. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Apr i 1 12, 1999 Second Reading: Apr i 1 26, 1999 Date of Passage: Apr i 1 26, 1999 Offered By: Szu tek Seconded By: Jo ] 1 y Roll Call: A11 ayes Jo-Anne Student, Council Secretary Gary L. Peterson, Mayor CITY COUNCIL LETTER Meeting of: April 26, 1999 AGENDA S~CTION: Other Business ORIGINATING DEPT.: ~ i CITY MANAGER NO: Community Development~/~ i APPROVAL ITEM: Resolution 99-51; Final Plat Approva~ BY: Joe Hollman~--~/~e BY: NO: Case #9801-02, 3701 Central Avenue 't~'t~ ' ~,, DATE: April 20, ~,999 Issue Statement: This is a request for final plat approval for Bobby and Steve's Autoworld. The plat consists of the following parcels: 3828 Central Ave. NE, 3816 Central Ave. NE, 3701 Central Ave. NE, 3817 Central Ave. NE, 3802 Reservoir Blvd., 3807 Central Ave. NE, and 3740 Reservoir Blvd. Background: The applicants submitted a request for preliminary and £mal plat approval for the January 6, 1998 Planning and Zoning Commission meeting. This case was tabled until the June 2, 1998 meeting. Due to a lack of time for staffand Commission review, the request was again tabled for a special meeting to be held on June 4, 1998. They voted unanimously to recommend City Council approval of the preliminary plat, subject to final staff review and approval of the preliminary plat and drainage and grading plans. They also voted unanimously to recommend City Council approval of the final plat, subject to final staff review and approval of the final plat and drainage and grading plans, and provided that three (3) copies of the complete final plat have been furnished to the City Clerk for City files. Please note that the preliminary plat has been approved. Also, on March 22, 1999, there was a second reading of Ordinance No. 1386, which is an Ordinance vacating certain easements on the property. This Ordinance will take effect on April 22, 1999. Analysis: One consideration that staffhas had since the final plat was recommended for approval by the Planning and Zoning Commission is in regard to the park property being dedicated to the City. Currently, there are underground storage tanks located beneath the surface of the area to be platted park property. If the City were to take over ownership of this property prior to removal of the tanks and remediation of any contaminated soils, the City could be responsible for proper clean-up of that property and could be liable for any future problems. As a result, the property is being dedicated as a perpetual easement for public purposes. The property owners are agreeable to this, provided that once the underground storage tanks are removed in accordance with State requirements, the City will accept a grant of the fee title to the property. In this instance, the City will not take over ownership of the property until the tanks have been removed in compliance with State requirements, and the potential for liability will be greatly reduced. Attached, please find a draft Quit Claim Deed and Exhibit "A" which describes a perpetual easement in favor of the public for use as a park over the property described in Exhibit "A". Note that this is the property originally dedicated as park property on the preliminary plat. Recommendation: There is a Planning and Zoning Commission recommendation from October 6, 1998 recommending that the City Council vacate the easements. The park property issue was discussed with the Planning and Zoning Commission at its February 2 meeting and they were agreeable to the idea. Staff's recommendation is for the City Council to approve the final plat and dedicate that portion of the property intended for park use as a perpetual easement for public purposes. Staff also recommends that the City accept a grant of the fee title to the property via a Quit Claim Deed once the underground storage tanks are removed in accordance with State requirements. Recommended Motions: Move to waive the reading of Resolution 99-51, there being ample copies available to the public. Move to adopt Resolution 99-51, approving the final plat for Bobby and Steve's Autoworld. Attachments: Resolution 99-51; Draft Quit Claim Dee& Exhibit "A '7 Copy o. f Final Plat COUNCIL ACTION: - - 2 ,~'.l~ Form No. 3t-M-- QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks (1/15/97) Corporation, partnership or Limited Liability Company to Corporation. Parmership or Limited Liability Company No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required. Certificate of Real Estate Value No. Date County Auditor by: Deputy DEED TAX DUE: $1.65 Date: , 1999 FOR VALUABLE CONSIDERATION, Minnesota Miller-Davis Co., St. Paul, MN' (reserved for recording data) Jeff's: Bobby & Steve's Auto World , a limited liability partnership__under the laws of , Grantor, hereby conveys and quitclaims to City of Columbia Heights , Grantee, a_lmhlb body corp_olate and politic real property in Anoka under the laws of__Minnesota County, Minnesota, described as follows: A perpetual easement in favor of the public for use as a park over the following described property located in Anoka County, Minnesota; see attached Exhibit "A". together with all hereditaments and appurtenances. Check box if applicable: SThe Seller certifies that the seller does not know of wells on the described real any property. A well disclosure certificate accompanies this document. [] I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Jeff's: Bobby & Steve's Auto World Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF ~ ss. This instrument was acknowledged before me on by the Partner of jeff's: Bobby & Steve's Auto World under the laws of Minnesota NOTARIAL $TAMP OR SEAL (OR OTHER TITLE OR RANK) Paul C. Steffenson Attorney at Law 301 Fourth Avenue South 270 Grain Exchange North Minneapolis, MN 55415 612-339-1453 Fax 339-1516 and and By Its Partner By Its Partner . 1999 (Date) Partner , a limited liability partnership , on behalf of the limited liabiliLv_partnership SIONA~I. IR~ OF NOTAaY PUBLIC OR OTHER OFFICIAL Cheek hero if part or all of the land is Registered (Torrens)[] Tax Statements for the real property described in this instrument should b~ sent to (include name and address of Grantee): Exhibit "A" An exclusive easement in favor of the public to use as a park which use includes, but is not limited to the planting of grass, shrubs, trees and other vegetation over the easement area, the placing of a "monument"sign or signage welcoming the public to the City of Columbia Heights (but limited in height so as not to obscure the view from public roads adjoining the Easement Area of any commercial signage on the property of the Grantor), and the placing of any benches for pedestrian use. The Grantee, by receiving and recording this conveyance accepts all responsibility in perpetuity for all maintenance of the Easement Area described as: Lot 2, Block 2, Bobby and Steve's Autoworld, according to the recorded plat thereof, Anoka County, Minnesota. RESOLUTION 99-51 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL APPROVING THE FINAL PLAT FOR BOBBY AND STEVE'S AUTOWORLD WItEREAS, the owners of Jeff's, Bobby and Steve's Autoworld have submitted a request to the City of Columbia Heights, Minnesota for final plat approval; and, WltEREAS, the preliminary plat was approved by the Columbia Heights City Council on June 8, 1998; and, WHEREAS, the Columbia Heights Planning and Zoning Commission held a public hearing for the final plat request on June 4, 1998, and recommended City Council approval of the final plat, subject to final approval by staff; and, WHEREAS, the request for final plat approval was tabled by the City Council during its regular meeting of June 8, 1998, until such time as the complete final plat has been provided to the City; and, WHEREAS, the complete final plat has been submitted and is in compliance with all pertinent State and Local Codes and Ordinances; and, WHEREAS, the City will accept a conveyance of the fee title to the area dedicated as a perpetual easement in favor of the public as a park over that part of the property described in Exhibit "A" after the underground storage tanks have been removed and any contaminated soils have been remediated and after all necessary inspections have been met and the property is in full compliance with all applicable State and Local Codes and Ordinances. NOW, TItEREFORE BE IT RESOLVED by the Columbia Heights City Council that the final plat known as "Bobby and Steve's Autowofld" is hereby approved. NOW, THEREFORE BE IT FURTHER RESOLVED by the Columbia Heights City Council that the Mayor and City Manager are hereby authorized to accept a Quit Claim Deed on behalf of the City of Columbia Heights for the fee title of the property described in Exhibit "A" after the underground storage tanks have been removed and any contaminated soils have been remediated and after all necessary inspections have been met and the property is in full compliance with all applicable State and Local Codes and Ordinances. NOW, THEREFORE BE IT FURTltER RESOLVED by the Columbia Heights City Council that staff is hereby authorized to sign-off on the final plat and submit it to the County Surveyor for final review and recording. PASSED THIS 2fi r h DAY OF Offered by: Wyckoff April ,1999 . Seconded by: Szurek Roll Call: A11 ayes Jo-Anne Student, Council Secretary Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of April 26, 1999 AGENDA SECTION: No. q OTHER BUSINESS ITEM: Purchase of New Computers for NO. Police Department Records System ORIGINATING DEPARTMENT I CITY MANAGER POLICE ' I APPROVAL: BY: Thomas M. Johnsonc~ [ BY: DATE: April 21, 1999 0' ~/ I DATE: BACKGROUND: In 1996 the Police Department began a process of f'mding a new records system to replace the current Enfors system, which is not Y2K compliant and will become obsolete as of December 31, 1999. Our department, along with the eleven other County police agencies - including the County Sheriff, have committed to the Visions Software System as our new system. As part of this new system, which will be a county wide law enforcement records system, the department needs to upgrade its PC work stations to maximize the functionality of the new records system. Our first plan for the PC portion of this process was to go with several other agencies in the county and purchase our new PC work stations off the State contract. To make sure that we were getting the best deal for the City's dollar, we requested a local vendor, Wybrite - from whom we have purchased in the past and with whom we have developed a very good working relationship - to give us a quote based on the software requirements for one of their work stations (PC). We have compared the costs of these work stations and the breakdown is attached. ANALYSIS/CONCLUSION: The department currently has budgeted $100,000 in the Capital Improvement Fund for this system. After looking at the cost of purchasing these PC's through the State of Minnesota, it was determined that we could get a better price through our local vendor. The Chief of Police met with the City Finance Director to go over our options for purchasing the new work stations. We also consulted with the City Attorney and were advised that as long as the cost for the new computers was below $25,000, we could purchase without going out for bids. We have determined we can get a better product that is known to us and has served us well for less money by going through Wybrite instead of the State contract. We will only be purchasing the PC work stations from our Capital Improvement Fund at this time. We will purchase the rest of the system - including the servers, software, network hubs - through County f'mancing, which has to be paid back over the next four years. After comparing the cost of the computers listed on the State contract, it is the recmm'nendation of the department that we purchase the work stations from Wybrite at a cost of $1,358 per work station, plus tax. It should also be noted that the current work stations in the Police Department will be moved to other locations in the City to replace and upgrade computers in other divisions. RECOMMEND MOTION: Move to authorize the Mayor and the City Manager to enter into an agreement to purchase 18 personal computer work stations from Wybrite at a cost of $1,358 per work Station, plus tax. TMJ:jft 99-130 Attachment COUNCIL ACTION: COMPUTER PROPOSAL APRIL 1999 presented by the Columbia Heights Police Department to the Columbia Heights City Council TABLE OF CONTENTS Background ..................................................................... 1 Requirements Set by Visions ........................................................ 2 Specifications Determined by the Columbia Heights Police Department .................... 3 Cost of Comparison of Wybrite, Dell, GE Capitol and Gateway .......................... 4 Wybrite Price Breakdown .......................................................... 5 Dell Price Breakdown GE Capitol Price Breakdown ....................................................... 7 Gateway Price Breakdown ......................................................... 9 BACKGROUND In 1998 the Columbia Heights Police Department purchased Visions, a records management system. When purchasing the system the Department was aware the current computers would not be able to support Visions. At that time the Department committed to purchasing eighteen new work stations. Minimum requirements from Visions along with departmental requirements were reviewed and the overall specifications for the computers were determined. At this time the Department was ready for purchasing to begin. During the spring of 1999, the Department was informed all computers financed by the County would be purchased off of the state contract (Dell, GE Capital, Gateway). In researching prices on the state contract, they seemed to be higher than the local price (Wybrite). Each of the four companies (Wybrite, Dell, GE Capital, Gateway) were given specifications and bids were asked for. At this time we also asked for the details on the parts and labor warranty. After comparing the prices and warranties, we are recommending purchasing the computers from Wybrite. Above all of the top competitors Wybrite has the lowest price, an excellent warranty and has been a good source of computer hardware for the City. MINIMUM REQUIREMENTS SET BY VISIONS Single Pentium 200 32 mb base 1.6 GIG HD 10/100 Intel TX 8X CD rom Windows NT Client Access License 15" HP SVGA Monitor SPECIFICATION DETERMINED BY THE CHPD Pentium II - minimum 333 Mhz Processor 64 MB SDRAM 3.2 GB Hard Drive 32x CD ROM 4 MB Video 3.5 FDD 10/100 PCI NIC Windows NT 17" SVGA Monitor 3 Year Parts and Labor Warranty COST COMPARISONS Company Computer Price Total Cost for 18 Stations Ve'ybrite $1358. O0 $24,444.0 O* Dell $1469.00 $26,442.00'* GE Capitol $1709.00 $30,762.00'* Gateway $1463. O0 $26,334.00' * *Price does not include tax. ** Prices do not include shipping and handling, and any applicable taxes. March I I; 1999 I Pa~u Captai~ Leonard O!so.n. CITY OF CO[.L~L~. _r-r;rG..h7!2S !:'OL!CE DEPAR~T Dear Captain Olson Thank you for the onnorluni~ tn prnvi~,,~ - AYX ~d Tawer Case - 64 ~ SD~M - 3.2 Gn m; ~,,~ ~,,~ - 4~ CDmOM - S N~ AGP - 3 5" - Into} Pro ! 0/[00 PC[ N~work Lqt~ace C;md - Windows NT (Workstation) - ! 7" SVGA .27 Dot Pkch - MovJtor - Mouse, K~bo~d - 3 Year P~s ~d ~bor W~ty Addi/ioa~ Proc~sor Options - S&me Cor~qs~atinn w/Intel - S~e Comfi~ration w/Intel PlI 400 b~ Processor - ~ 1565 00 ea The pfi~ quot~ a~ve assumes a p~c~se qu~tivf of 18 or more ~t~. ~r p~ce inc!ua~ flail syst~ setup a~d test oc.{l comp~-~,, prior to deliv~ Please fllow 5-7 business days to ~mul~e the build, test ~d d~v~, of these svste~. If ~y ad~tio~l info~at{o~ Ve~, truly yours. Vo[-~ 588-750 ! Fax: 612.5,88.6112 State Store: Customiz{ng Your System http://rcommerce.us.dell.com/rcomm/conHg, asp?order_code=V/164P&vi¢~v= ! Price*: $1,469 Dell OptiPlex GX1 The ultimate OptiPlex: Superior system performance and network manageability today with headroom for the futur, Pentium® II technology and 440BX chipset with a 100MHz front side bus power and integrated 2X AGP graphics ¢ with 4/8 SGRAM and integrated audio. To configure your system: 1. Select from the options listed to configure YOUR Dell system. 2, CIick "Update Price" button at the bottom of the page to make the pricing reflect any changes you have made. 3. Click "Add to Orderform" button at the bottom of the page to add your system to your Order Form. iDate: iWednesday, April 14, 1999 3:51:22 PM CDT ,Catalog Number: 184 rc956882 iDeli OptiPlex GX1 Midsize Desktop: iIGXI+: Pentium® I1 350MHz w/integrated NIC 135GX1MF- [4,60-5238] 64MB Non-ECC SDRAM (1 DIMM) ~,64NP - [311-0509] iMemory (100MHz SDRAM): t iKeyboard: IWindows 95 Keyboard ~.w - [310-1234] Monitor: (16" viewable, .27dp) Dell M770 M770 - [320-5451] Video Memory Upgrade: ~MB Video Integrated Memory Upgrade ~M4 - [320-0220] ilst Hard Drive: ;6.4GB EIDE Hard Drive '~64 - [340-0740] Floppy Drive: 3 1/2" 1.44MB Floppy Drive · 13- [340-0700] ftOperating System: ;Microsoft Windows NT Workstation 4.0 with CD media, FAT 1 I iNTWS - [420-0172][420-0102] i~Mouse: ~Logitech System Mouse i ',L- [310-1250] Network Card: !3C Fast E-Link XL10/100TX WuOL iHURR - [430-1152] '~CD-ROM Drive: 14/32X CD-ROM ! ;CD32 - [313-0624] iDocumentation: ,Reduced Documentation I REDDOC - [310-2268] Riser: !5 Slot Passive Riser (2 PCI, 2 ISA, 1 shared PCI/ISA) iRISP - [430-0116] iStandard and Business Critical Services: i3 Yr Next Business Day On-Site Service I iw3os - [900-1730][900-1732] ;Readyware: iReadyware Fee ! ;RW- [365-1234] iChassis Stand: iNo Stand ! ;NOSTND - [310-0147] ~Web tracking code for Internal use: ~Web Tracking SKU for Internal Use I ~IANVVV - [460-9052] Price*: $1,469 GE Capital IT Solutions St~t~ of ~A~n~sota Customer Price List (Contract ~400120) Workstations ~ , in-shop ~IBM-6275~U 3~GL 4~BX 32 256 128 3.2 4 2 S3T 2 - Y $852 IBM-628513U 300GL 4~BX 32 256 128 3.2 6 4 S3T 2 - Y $873 ~IBM-627525U 3~GLI ~BX 32 256 128 3.2 4 I S3T 2 3~: Y Y $1,032 ~I:~IBM-6591~U (M~ 3~GL ~ 32 256 512 4.2 6 4 C~65 2 - Y $1,196 ~5 ~i ~IBM~27~U 300GL ~BX 32 384 512 3.2 4 2 S3T 2 ' - Y $1 ,O32 ~5 I I i~ /lBM427557U 3~GL 400BX 32 384 512 3.242 SST 2 Y $1,016 $35 ~IBM-627555U 300GL 4~BX 32 384 512 3.2 4 2 S3T 2 Y *$962 $35 IIBM-627556U 300GL ~B~ 32 384 512 3.2 4 2 S3T 2 Y *$1,023 $35 ~IBM-686~gu 3~PL 4~BX 32 3~ 512 4.2 4 2 S3T 4 Y Y '$1,176 $35 /IBM-628556U(M~ 300GL 4~BX ~ 3~ 512 6.4~ 6 3 S3T 2 :3~ Y '$1,143 $35 /IBM~86~4U 3~PL 4~BX ~ 3~ 512 6.4 4 1 S3T 4:3~ Y Y Y '$1~395 ~5' /IBM-689216U(M~ 3~PL 4~BX 32 384 512 4.216 3 S3T 4:3~ Y Y Y '$1,~ $35 IBM-627566U 3~GL ~0BX ~3~ 512 3.2 42S3T 2 Y'$1,143 ~5 IBM-628566U (M~ 300GL ~BX ~ 384 512 6.4 6 3 S3T 2 ;3~ Y '$1,257 $35 IBM-686~7U 300PL 4~BX ~ 384 512 6.4 4 1 S3T 4 3~ Y Y Y '$1,~2 ~5 IBM-689~0U(M~ 300PL 400BX, ~ 384 512 6.4~ 6 3 S3T, 4 3~ Y Y Y *$1,461 , IBM-6Z7574U 300GL 400BX ~ 3~ 512 6.4 4 2 S3T 4 Y $1,508 $35 IBM-627575U 300GL 400BX ~ 384 512 6.4: 4 1 S3T 4 ~3~ Y $1,614 IBM-628575U 300GL 4~BX 64 384 512 6.4 6 3 S3T 4 3~ Y $1,635 IBM-686252U 300PL 400BX ~ 384 512 6.4 4 1 S3T 4 3~ Y Y Y '$1,623 ~5 IBM-689247U 300PL 4~BX ~ 384,512 6.4 6 3, S3T' 4,3~ Y Y Y $1,825 $35 S0eclal price for State of MN Gmphice: '(C5465) Cirrus 5465 AGP 3D Controller (S3 T) S3 Trio 3D AGP Graphics Controller 2 Serial, 1 Parallel Port 1.44MB (3.5") Floppy Drive Enhanced 101-keyboard/Mouse Energy Star Compliant Yr-2 compliant 3-Year Warranty (1st year On-Site) Product descriptions are provided for reference only. Manufacturer descriptions will be the final determinate Pa~.e 20 In all cases where a discrepancy occurs. GE Capital 1T Solutions State of l~linnesota Customer Price List (Contract ~400120) Displays & Display Adapters Item # / Mfc~. # ~21or Dlspla_v~ CPQ-308006.001 308006-001 CPQ-360512-001 360512-001 Description Compaq V55 Color Monitor, 15' (13.7' viewable area), .28mm, 75hz Refresh rate includes Warranty Upgrade to 3 Years On-site Labor (Add CPQ-275559-001 @ $0 to PO for Warranty Upgrade) Special price for State of MN Compaq S700 Color Monitor, 17' (15.7' viewable), .24mm dot pitch, 1024x768 resolution at 85Hz, Tilt & swivel adiustments, anti-glare/anti-static screen includes Warranty Upgrade to 3 Years On-site Labor (Add CPQ-275559-001 @ $0 to PO for Warranty Upgrade) Special price for State of MN MN State Price $210 $;314 GEC ITS In. Shop Set Up Option NA NA On-Site Install/ Upgrade Charc~e $58 $58 CPQ-307710-001 307710-001 CPQ-307806.001 307806-001 CPQ-360562-001 360562-001 CPQ-303500-001 303500-001 CPQ-;351756-001 351756-001 CPQ-325600-001 325600-001 CPQ-305708-001 305706.001 Compaq V75 Color Monitor (Model 623), 17' (16' viewable area), .26mm, 75hz Refresh rate includes Warranty Upgrade to 3 Years On-site Labor (Add CPQ-275569-001 @ $0 to PO for Warranty Upgrade) Special price for State of MN Compaq P75 Color Monitor (Model 625) includes Warranty Upgrade to 3 Years On-site Labor (Add CPQ-275559-001 @ $0 to PO for Warranty Upgrade) Special price for State of MN Compaq S900 Color Monitor, 19' (18' viewable), .22mm dot pitch, 1600xl 200 resolution at 75Hz, Tilt & swivel adjust~nents, anti-glare/anti-static screen, Plug & Play 3 Year Warranty (1st Year On-Site) Compaq V900 Color Monitor, 19' (18' viewable), .22mm dot pitch, 1600x1200 resolution at 75Hz, USB bus powered hub, anti-glare/anti-static screen, short depth CRT 3 Year Warranty (1st Year On-Site) Compaq V1000 Color Monitor, 21 ' (20' viewable), .22mm dot pitch, 1600x1200 resolution at 75Hz, USB bus powered hub, anti-glare/anti-static screen, Plug & Play 3 Year Warranty (1st Year On-Site) Compaq P110 Color Monitor, 21' (19.8' viewable) Trinitron Monitor, ambient light sensor, USB pass-through, .25mm, 107kHz (Opal) includes Warranty Upgrade to 3 Years On-site Labor (Add CPQ-276559-001 @ $0 to PO for Warranty Upgrade) Special price for State of MN Compaq P1610 Color Monitor, 24' (22.5' viewable), Trinitron technology, .25mm, 96kHz, 3 Year Warranty (1st Year On-Site) $,382 $450 $534 $656 $1,009 $1,056 $2,458 NA NA NA NA NA NA NA $58 $58 $58 $58 $58 $58 $58 04/14/99 WED 14:08 F,~ 816 $~$ 3850 .S?~e~ ~,,pe: ~-4200 3§0 GATE%¥AY ~]001 http://srcapps.gw2k, com/sh¢ll-c ~;~ MAquote.pl Gateway Business 1414 Genessee Street Kansas City. MO 64102-1048 800-779-2000 Account Executive: Chris Beisser Phone; 55356 Fax: 816-545-3845 E-4200 350 Company Name: Columbia Heigt~ts P D Attention.' JILL Address; Phone; Fax: 6t 2-782-2842 GW Quote #: 04.142423 Quote Date: 0411,t,~99 15:15 CST .' :- .... QUOTE Processor: Intel 350MHz Pentium [I processor with 512k Cache Memory: 64MB 100MHZ SDRAM '~ suDtracted: $92" Monitor: EV700 17" color monitor (15.9" viewable area) '~ subtracted: $,~8 Graphics Accelerator: ATt RAGE PRO TURBO 2X 8MB AGP Graphics Accelerator Hard DHve: 4.3GB 5400RPM SMART II Ultra ATA hard drive '~ subtracted: $62 FlopIoY Drive: 3.5" 1.44MB diskette drive CD-ROM: 13X minJ32X max. CD-ROM drive Case: E-Senes 8-bay Mid Tower case Keyboard: 104~- Keyboard Mouse: MS InteJliMouse mouse & Gateway mouse pad Operating System; Windows NT 4.0 (limited upgrades and downgrades) LANDesk Software: Intel LANDesk Client Manager Software v.3.3 Additional Software: McAfee Anti-Virus Software Network Card: 3COM PCI 101100 twisted pair Ethernet wNVOL Service Program: Gateway Gold Service and Support along with Years 2 & 3 of On-Site Serv{ce and Suppc Configured Price: US $1483.00 Quantity: 18 Total Price: US $ 26334.00 Comments: When placing your order, please attach this quote to your purchase order. A copy of this quote will be held for a period of 90 days after 04/14/99. MASTERCARD, VISA. AMERICAN EXPRESS, and NOVUS/DISCOVER acceoted. C.O.D.. CASHtERS'S CHECK accal~table with ~ he continen~t United States. All prices and configurations are subject to change wl~out notice, or obligation. Prices do not include shioF :~ and handling a~d a~y a!~plicable taxes. Many Gateway preduct~ ar~ engineered to Gateway specifications, which may vary f_rom the ~ Jl, versions of ~he software and/or hardware Jrt functJo~aJRy, performance or c~mpatJbility. All Gateway Celeron(TM), Pentium. r'entium I 'p;. and Pentium II processor-based systems are qualified to c~rry the "NSTL Hardware Tested Year 2000 ComoJlant" [ego because they successfully comblataa t~e NSTL YMARK2000 test. The3e systems have al~o passed the MicrosOft Millennium year 2000 ~est s, Gateway cannot ~e responsible for any bundled software that improperly sets, re..~e~, or calculates dates. These issueS ara not retail.ct 'o the hardware and operating ayatem, and cannot be corrected by Gateway. m. Call 1-800-GATEWAY or write to us at Gate Terms & Conditions, P.O. Box 1951, North Sioux City, SD 57049-1951 for a free Copy or our limited warr;,my, on-site service agreements, and installation agreements, if your Gateway technician determines an on-site ,~isit is necessary', on-site ~ervice will be provided for product purchased and located in the continental United SLi~t~;s, Alaska, Hawaii, Puerto Rico and Canada (excluding mice. keyboarcl$, monitors and Solo portables). S~ ,e agreements for specific terms and limitations. 1 of 1 4~ t4/g9 3:15 PM CITY OF COLUMBIA HEIGHTS Meeting of: April 26, 1999 AGEN-DA SECTION: 0TH E R BtJ $ ~ lqE S S ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ Community Development APPROVAL ITEM: Appoint Space Needs?tudy BY: Kenneth R. Anderson ff~ BY: Committee ~ i~, ~ DATE: April 22, 1999 ISSUE STATEMENT: Appoint a Space Needs Study Committee to review requests for proposals received by the City of Columbia Heights from qualified architectural fLrms to conduct a municipal space needs study/assessment. BACKGROUND: On March 8, 1999, the City Council authorized and directed that staff commence the process to seek requests for proposals (RFP) to perform a municipal space needs study. Staff has assembled the names of several architectural firms that are experienced in performing these type of assessments/studies for municipal clients. We have been in the process of drafting the RFP for dissemination to qualified firms. As part of the review process, it will be necessary to review and evaluate the proposals received. Furthermore, it is advisable that all or at least some of the firrns submitting a proposal be interviewed before a frrm is selected to perform this work. We have attached copies of evaluation questions used by the City of Maple Grove as a reference for the type of questions which can be asked of the consulting firms for this space needs study. ANALYSIS: The evaluation committee should consist of representation of all members or groups which are stakeholders in the project. For the Space Needs Study this may include citizens of the City of Columbia Heights who have utilized the various City services (including business representatives), City Council- member(s), advisory commission members, and staff. The Committee members should be available to readily meet both during the day and night, if necessary. The Committee's charge should be to review the RFP and proposed scope of work. Upon receiving the proposals, they should also evaluate the proposals and recommend a firm to hire for this work. After entering into a contract with the preferred firm, the Committee should also offer input in the needs assessment phase of the work and possible implementation options. RECOMMENDATION: Staff is requesting City Council consideration of these various issues. Further- more, staff recommends the City Council adopt the following motion appointing members to the Committee. RECOMMENDED MOTION: MOVE to direct staff to establish a Space Needs Study Committee consisting of Councilmembers Szurek and Wyckoff; the City Manager, Police Chief, Library Director, Public Works Director and Community Development Director; and four citizen members to be Paul Bona, Jo-Anne Student, Bruce Magnuson and Roger Peterson; and furthermore, to authorize said Committee to oversee all aspects of the Space Needs Study and submit recommended implementation strategies to the City Council on or before November 1, 1999. Attachments: COUNCIL ACTION: ~£0une'~\ll~4-26-99spaeeneedse0m General Interview Questions / Categories for Round 1 (45 minutes) Firm Background, Qualifications, Experience · Provide a brief history of your firm in terms of age, continuity of management, size, range of services, and specialization. · Briefly describe your experience in designing city hall and police station projects within the last 10 years. Did you bring some examples of recent projects? · Who will specifically make-up the project team and what are their qualifications? Who will be the primary contact for the City? Who will be the site architect? Timeline / Capacity To Perform · What is your present workload? · What do you estimate for a timeline from the point of"Notice to Proceed" to completion of final designs and construction documents? Can you provide a preliminary design and model by October 21, 19987 Project Approach / Deliverables · Describe the overall process and approach (schematic design, design and development, and construction documents) should your firm secure the contract for architectural services. · What is the role of your firm versus the role of City staff in the various stages? What type of participatory process do you propose to keep the City involved and the communication lines open? · What drawings, graphics, models, narrative detail, status reports, and other support information will be provided in schematic design, design and development, and construction documents stages? · What do you see as the overall responsibility of the architect after final designs are accepted? What services do you provide after the final designs are accepted? · What is your experience and understanding of the Owner/Construction Manager/Architect relationship versus Owner/Owners Rep/General Contractor/Architect relationship? Fees ! Construction Cost · Please describe your fee structure for this type of project and payment terms. (lump sum versus reimbursable items) · Can you provide an estimate of the range of your fee for this type of project? · Do you have an estimate on the construction cost per square per foot? General / Miscellaneous · Assuming all the frans being considered are basically qualified and the fees are competitive, what makes your fmu the best candidate for the job? · Which of the following do you feel is the most important: maintaining the budget, service to the client, structurally sound building, on-time performance, or functionality of building. · Has your fn'm been involved in any litigation, mediation, or arbitration in the last five years? Have you ever been asked by a client to retire from a project? · What is the best type of HVAC systems, discuss pros and cons of various approaches. What about Zone heating? · What are the pros and cons of a single level structure versus a multi-level structure? Evaluation Form (Round 1 Interviews) Fh'm of Name Name of Evaluator Date I. Firm Qualifications & Experience II. Timeline / Capacity To Perform III. Project Approach / Deliverables Rating Weighting Factor Score 4 4 4 IV. Fees 3 V. General / Miscellaneous 3 Rating Key: 1 = Poor, 2=Fair, 3=Good, 4=Excellent, 5=Superior TOTAL SCORE Weighting Key: 0=Not Relevant, l=Low Importance, 2=Medium Importance, 3=High Importance, 4=Vital Instructions:~ Rate the fa-ms based on how they meet the needs of the project, don't compare f'n'ms. Comments: I More Specific Questions for Round 2 [ Project Understanding · Describe the overall project as you m~derstand it. Project Team · Who will specifically make-up the project team and what are their qualifications? primary contact for the City? Who will be the site architect? · What other consultants would you need to hire to complement the team? Who will be the Experience · What is your experience in site planning and space studies/programming? · Please review your expertise in the area of Police facilities that require many special features? Budget · What is your ability to control costs and quality and meet budgets? · Have you had any municipal projects that exceeded the original budget by over 5 percent? · What percent of the construction cost should be expected for change orders as a result of architectural omission or fa/lure to properly coordinate? Timeline · What is your ability to meet schedules and deadlines? · How many projects in the last five years did not meet the established timelines? Project Approach · How are priorities set, problems solved and decisions made? · How do you arrive at the functional layout of the building, for example determine where to place individual departments and what departments should be next to each other? · What type of participatory process do you propose to keep the City involved and the communication lines open? Capabilities · What is the financial stability of the finn? · What types of insurance coverage do your firm carry? · What technology does your finn utilize? Reputation · Has your firm been involved in any litigation, mediation, or arbitration in the last five years? Reference Checks · Please provide six references from past project with at least three of them from projects in the last five years. Other (Round 2 Questions) · What are the pros and cons of a single level structure versus a multi-level structure? · What ideas do you have in terms of building design, materials, and operation for conserving energy consumption? · What is the best type of HVAC systems, discuss pros and cons of various approaches. What about Zone heating? · What are some recent developments in terms of construction technology and new materials you think the City should consider adding to the building? · What steps are taken to ensure your design is in compliance with all required codes (1997 Codes) and ADA laws? · Do your designs address interior designs and colors, furniture, storage and filing systems, and other equipment? · What special considerations would you give to the Council Chambers? Do you have the expertise to perfect the acoustics and design a' communications/cable TV system? · What landscape and parking considerations does your firm incorporate in the designs? · What special security and safety features would you build into the design? How do you balance safety and security, but retain a warm, inviting, and user-friendly building? · How do you propose to maximize natural light to all employees? Firm of Name Name of Evaluator Date 1. Project Understanding 2. Project Team 3. Experience 4. Budget 5. Timeline 6. Project Approach 7. Capabilities 8. Reputation 9. Reference Checks 10. Other Final Evaluation Form (Round 2 Interviews and Proposals) Weighting Rating Factor TOTAL SCORE Score Ratin~ Key: 1 = Poor, 2=Fair, 3=Good, 4=Excellent, 5=Superior Weighting Key: 0=Not Relevant, l=Low Importance, 2=Medium Importance 3=High Importance, 4=Vital Instructions: Rate the firms based on how they meet the needs of the project, don't compare fwms. CITY OF COLUMBIA HEIGHTS AGENDA SECTION: OTHER BUSINESS NO: q ITEM: Advertise sale of 4519/4521 and 4642/4644 Taylor Street Meeting of: April 26, 1999 ORIGINATING DEPARTMENT: Community Development BY: Kenneth R. Anderson BY: DATE: April 22, 1999 CITY MANAGER APPROVAL BACKGROUND: The City currently owns a vacant duplex located at 4519/4521 Taylor Street. The City purchased the property in January, 1994 for $53,000. After the purchase, a total of $22,840.43 was used for rehabilitation for a total investment of $75,840.43. The City also owns 4642/4644 Taylor Street. This building was purchased in 1990 in good condition for $85,250. At the time of purchase, a minimal amount of rehabilitation of approximately $2,000 was needed for this property. This building is also completely vacant. The EDA Board determined last summer that we should not be in the rental business and would like to see the property owner-occupied. At previous meetings, the EDA Board discussed several options for the buildings and recommended that staff research some options including selling the property to a developer for a single family home, selling the property at a reduced rate so conversion to a single family home could be done, or contracting with a local community college as a class project. Staff contacted several schools to inquire about entering into a contract to convert the properties into single family homes. Only one school, North Hennepin Technical College conducted such projects. Unfortunately, they only do new construction, not rehabilitation of existing buildings. A contractor has just completed minor cleanup and repairs to a damaged ceiling in both buildings. ANALYSIS: Since contracting with community colleges to convert the duplexes into single family homes is not an option, staff recommended the following options to the EDA: Option 1: To sell both duplexes and require them to be converted to single family homes. In order to accomplish this, the City would have to sell the duplexes at a reduced price. Staff contacted William Mattson Construction, the contractor who rehabilitated 4519/4521 Taylor Street when it was originally purchased, to determine whether or not he thought a contractor would purchase the duplex and convert it to a single family home. Without actually walking through the property at 4519/4521 Taylor and giving a bid, he thought it might cost about $50,000 to upgrade the unit, convert the unit to a single family home, and construct a two-car garage. Given that information, if the building were sold for $75,000 (the amount invested in the property), a contractor would have to be able to sell the home for $135,000. He did not think that was realistic. However, if the City was interested in selling the property at a reduced rate, a contractor may be interested in purchasing and converting the duplex to a single family home. In the case of 4642/4644 Taylor Street, it may not be feasible to consider this option due to the total investment in the property. The property was purchased in 1990 for $85,250. The property akeady has a two car garage on the site. However, there are signs of roof damage and mold/mildew on the sheetrock walls in the upper, southeast bedroom unit. Staff submitted an insurance claim to determine the amount of reimbursable damage to the roofs of both units. Ce~ancil Staff Report - 4519/4521 Taylor and 4642/4644 Taylor Street April 22, 1999 Page 2 According to the North Metro Realtor's Association, the average four or five bedroom house in Columbia Heights sells for $109,600. This figure was determined by taking an average of the actual sale price of four and five bedroom homes in Columbia Heights in the past 180 days (summer 1998). Option 2: If the City is interested in getting a return on their investment, the City could probably spend a minimal amount to upgrade the building and sell the property as a duplex. This option would be feasible for both duplexes. According to the North Metro Realtors Association, the average sale price for a duplex was $100,000. Option 3: The City could sell the property at 4519/4521 Taylor Street to a developer for conversion into a single family home and sell the property at 4642/4644 Taylor Street as a duplex for rental property. The property tax statements for taxes payable in 1999 is attached for both properties. The taxable market value for 4519/22 Taylor Street NE is $72,200 and 4642/44 Taylor Street NE is $74,800. John Utke is a rental property owner of twelve sites in Minneapolis and Columbia Heights (1). He is willing to purchase the properties in accordance with the terms of the last alternate motion below. ACTION REQUESTED: Staff is seeking direction as to whether or not we should 1) sell both properties at a reduced rate and continue with the efforts in the Sheffield Neighborhood by converting the duplex to a single family home thereby increasing the number of single family, owner-occupied housing units, 2) sell both buildings as duplex rental properties thereby getting the highest return on our investment, or 3) sell 4642/4644 Taylor Street as a rental property and sell 4519/4521 Taylor Street to a developer for conversion to a single family home. The EDA considered these options and adopted the following motion last smmner. However, these properties are in title of the City and require Council approval. EDA RECOMMENDED MOTION: Move to authorize staffto advertise the sale of the property located at 4519/4521 Taylor with a list price of $50,000 and 4642/4644 Taylor Street with a list price of $70,000, subject to conversion of the existing structures to single family homes and construction of a 22 foot by 22 foot garage at 4519/4521 Taylor Street. ALTERNATE MOTION: Move to authorize staffto take all steps necessary to advertise the "as is" sale of the property located at 4519/2[ Taylor Street NE with a minimum bid price of $ subject to construction of a minimum 20 foot by 20 foot garage and 4642/44 Taylor Street NE with a minimum bid price of $ ALTERNATE MOTION: Move to authorize staffto take all steps necessary to complete the "as is" sale of 4519/21 and 4642/4644 Taylor Street NE to John Utke for $120,000 or 110,000 subject to construction of a minimum 20 foot long 20 foot garage at 4519/21 Taylor St. NE. Attachments COUNCIL ACTION: h,\ltr4-26-1999taylor o ANOKA COUNTY ~.25 30 21, 33 0119 00295647 STATEMENT OF PROPERTY EdwardM, Treska, DivtstonManager, Property Records and Taxatlo~ TAXES PAYABLE IN 1999 ^.o~cou~rr~ 2100 3RD AVE. ^NOKA, MN 55303 (612) 323-54~0 COLUMBIA HEIGHTS CITY OF C183 590 40TH AVE NE COLUMBIA HEIGHTS MN 55421-3878 hI,I,,I,M,,M,h,,II,,II,M,I,,,IM,I,MI,,,I,,hl SHEFFIELDS SECOND SUB., CITY OF COLUMBIA HEIGHTS LOT 21 & N 1/2 OF LOT 20, /. ~~.~ ANOKA ONNER COUNTY COLUMBf'AGEIGHTS CITY OF ~BIA HEIGHTS~ ~ 5542~ 1998 1999 RES NO-HST Improvements Excluded: New Improvements: 4R 50200 H8 4R Est Market Value: 4519~NE-:T~¥~*R ~T Taxable Market Value: 1. use mis amount on Form M-IPR to see it wu'r, eligible for a property tax refund. File by August 15. if box is checked, you owe delinquent taxes and are not eligible. 2. Use this amount for the special property tax refund on schedule 1 of Form M-1PR. YOUR PROPERTY TAX And Row It Is Reduced By The St~ 3. Your property tax before reduction by state paid aids and credits 4. Aid paid by the State of Minnesota to reduce your property tax 5. Credits paid by the State of Minnesota to reduce your property tax SA. Education homestead credit 5B. Agricultural preserve credit 6. Your property tax after reduction by state paid credits I _ WHERE YOUR PROPERTY TAXDOLLARS GO · county City or town 9. School District 9A. State determined levy 9B. Voter approved levy 9C. Other local levies 10. Special taxing districts 1Ok Metropolitan special taxing districts lOB. Other special taxing districts 10C. Tax Increment 1OD. Fiscal Disparity Tax 11. Non-school voter approved referenda levies 12. Total property taxes before special assessments 13. Special assessments added to this tax bill 13A. Solid waste management charge 13B. Contamination Tax 14. Your total property tax, special assessments ~md charges 15. Pay this amount no later than May 15, 1999 16. Pay this amount no later than October 15, 1999 · DETACH HERE · SECOND HALF TAX Rea] estate taxes RETURN THIS STUB WITH PAYMENT PAYABLE 1999 TO AVOID PENALTY, PAY ON OR BEFORE OCT 15 PLEASE INCLUDE PIN NUb;i:'-' H ON CHECK RES NO-HST PIN: R25 30 24 33 0119 NA 9999 MAKE CHECKS PAYABLE TO: ANO~ COUNTY 0 :'"' N/A 0 69300 72200 69300 72200 · [--~ 0.00 0.00 4031.81 3609.64 2047.27 1911.65 0.00 0.00 0.00 0.00 1984.54 1697.99 182.41 163.35 202.99 177.18 228.77 197.85 216.30 163.05 38.87 31.92 35.83 33.43 7.64 7.17 1071.73 924.04 H/A 0. O0 0.00 0.00 1984.54 1697.99 0.00 0.00 72.18 72.18 0.00 0.00 2056.72 1770.17 885.09 885,08 002956472000088508 00295647F000177017 002956471000088509 PAYTHISAMOUNT FIRST ~LF 885.09 Iq.&LPAY 1770.17 COLUMBIA HEIGHTS CITY OF 590 40TH AVE NE COLUMBIA HEIGHTS, MN 55421 COLUMBIA HEIGHTS CITY OF 590 40TH AVE NE COLUMBIA HEIGHTS, MN 55421 00295647 NA 00295647 2100 3fid AVE** ANOKA, MN 55303 MAKE CHECKS PAYABLE TO: ANOKA COUNTY 21{)0 3RD AVE., ANOKA, MN 55303 PAY THIS AMOUNT 885 . 08 PLEASE INCLUDE PIN NUMBER ON CHECK PIN R25 30 24 33 0119 9999 · DETACH HERE · FIRST HALF TAX Real estate taxes I RETURN THIS STUB WITH PAYMENT PAYABLE 1999 TO AVOID PENALTY, PAY ON OR BEFORE MAY 15 i1· ANOKA........ s IA FP_.IVI~ENT O~ROPERT~ ............................... .~'. Property Records and Taxation COUNTY TAXES PAYABLE IN 1999 ^NO~COUNW 2~003RDAVE. ANOKA. MN 55303 (612) 323°5400 IPIN: R25 30 24 33 0003 00294498 ,,[__ co .uM.I HEIGHTS CITY 590 40TH HE CO'. HEIGHTS 55421-3878 I,l,l,,I,l,,I,,h,l,l,,,ll,,ll,l,,I,l,,,ll,,I,l,l,,ll,,,I,,I,I S1/2 OF LOT 4 & ALL OF LOT 5 BLK i SHEFFIELDS 2ND SUB 4R 52800 4642 NE TAYLOR ST 4R CO[;N C183 t¥~AR ~ g ~9-~9 cor.uM~zA HEIGHTS CIT~ O~' 590 40TH AVE HE ~:..-.,..,.~,¥ COL HEIGHTS, MN 55421 Property Class: Improvements Excludec~ New Improvements: Est. Market Value: Taxable Market Value: use this amount on Form M'IPR-~6 see if you'r~ eligible for a property 'tax refund. File by August 15. If box is checked, you owe delinquent taxes and are not eligible. Use this amount for the special property tax refund on schedule 1 of Form M-.1PR. YOUR PROPERTY TAX And How It Is Reduced By The State 3. Your property tax before reduction by state paid aids and credits 4. Aid paid by the State of Minnesota to reduce your property tax 5. Credits paid by the State of Minnesota to reduce your property tax 5A. Education homestead credit 58. Agricultural preserve credit 6. Your property tax after reduction by state paid credits WHERE YOUR PROPERTY TAX DOLLARS GO County City or town School District 9A. State determined levy 98. Voter approved levy 9C. Other local levies 10. Special taxing districts 1DA Metropolitan special taxing districts 108. Other special taxing districts 10C. Tax Increment 109. Fiscal Disparity Tax 11. Non-school voter approved referenda levies 12. Total property taxes before special assessments 13. Special assessments added to this tax bill 13A. Solid waste management charge 138. Contamination Tax 14. Your total property tax, special assessments and charDes 15. Pay this amount no later than Bay 18, 1999 16. Pay Ih]s amount no later the October 15, 1999 · DETACH HERE · SECOND HALF TAX: Real estate taxes I 2 RETURN THIS STUB WITH I 1 PAYMENT PAYABLE 1999 TO AVOID PENALTY, PAY ON OR BEFORE OCT 15 PLEASE INCLUDE PIN NUMBER ON CHECK 1998 1999 RES NO-HST RES NO-HST H/A 0 N/A 0 72000 ,, 74800 72000 ~' 74800 2IN: R25 30 24 33 0003 NA 00294498 9999 MAKE CHECKS PAYABLE TO: ANOKA COUNTY 2100 3RD AVE., ANOKA. MN 55303 PAYTNISAMOUNT 916.22 COLUMBIA HEIGHTS CITY OF 590 40TH AVE NE COL HEIGHTS, MN 55421 0029449&2000091622 0.00 0.00 4189.77 3742.03 2127.47 1981.76 0.00 0.00 0.00 0.00 2062.30 1760.27 421.02 374.30 468.59 406.09 528.10 453.47 454.46 360.16 89.74 73.17 82.73 76.63 17.66 16.45 0.00 0o00 N/A o.oo 0.00 0o00 2062.30 1760.27 0.00 0.00 72.18 72.18' 0.00 0o00 2134.48 1832.45 916.22 · DETACH HERE · FIRST HALF TAX Real estate taxes l' ' RETURN THIS STUB WITH PAYMENT PAYABLE 1999 I TO AVOID PENALTY, PAY ON OR BEFORE MAY 15 PLEASE INCLUDE PIN NUMBER ON CHECK PIN R25 30 24 33 0003 NA 00294498 9999 MAKE CHECKS PAYABLE TO: ANOKA COUNTY 2100 3RD AVE., ANOKA, MN 55303 PAYTHISAMOUNT FIRST ~LF 916.23 F~C.^y 1832.45 COLUMBIA HEIGHTS CITY OF 590 40TH AVE NE COL HEIGHTS, MN 55421 002944981000091623 00294498F000183245 INDICATE ADDRESS CORRECTIONS ON BACK INDICATE ADDRESS CORRECTIONS ON BACK PROPERTY CLASS FOR PROPERTY TAXES YOU WILL PAY IN 2000 State law requires ail property owners to be notiliect ut any changes in their market value or property class. Property Owners COLUMBIA HEIGHTS CITY OF 590 40TH AVE NE COL HEIGHTS, MN 55421 1. Estimated Market Value for Payable 2000 la. Limited Market Value for Payable 2000 2. Classified Value for Payable 2000 2a. Limited Classified Value for Payable 2000 3. Value of New Improvements 4. Value Exemption for Certain Improvements IPIN: R25 30 24 33 0003! 00294498J Property Class: RES NO-HST ! 75,500 o $ 0 5. Taxable Market Value for Payable 2000 Your propertY's market value shown on line 5 is the amount that will be used to determlne'~our property tax bill. Local Board of Review Meeting County Board of Equalization Meeting COLUMBIA HEIGHTS CITY HALL APRIL 05, 1999 AT 7:00 PM TO APPEAR CALL LOCAL ASSR AT (612) 323 5487 ANOKA COUNTY GOV CENTER JUNE 14, 1999 AT 9:00 AM TO APPEAR CALL (612) 323 5475 PRELIMINARY REVIEW If you feel the valuation or classification is incorrect or if you have any questions concerning this notice, you may wish to contact your assessor's office at: 2100 THIRD AVE. N. AMOKA, MN. 55303 pYI~n~ ~c~,~. ~,~u.r Ass,.ess.or at the pho.ne num. ,be~, listed un.der the Board of Review../~,qualization meeting information. _r~e~.~..n)-,~._.s. ~m_s ?_r.e~_n~_,~ ~vie,w is prove9? .as a service to property owners, ~t ~s not a fo. rmal part of the review l~[~ ~,~.a_w; ,s~..y__u~u_ au ?t ~,eea tn,ere nas o, cen a sausraetory response to your concerns, you may still use the appeals process. o~ ua~ m tins term ~or lormm appem process. mPOot ope .rty CI .ass.is the .statutory cl~sifi, eatio.n that has been assigned to you_r_propeny based upon the use of the property. _A__c_n._a~ ~e,,~t~ e c~ass~.ncq, tlon..o[ y,our, prop?r~ canqave a significant impact on the real estate tax payable. pase uae payame zucnJ properw class liSteO score to tl~e enmosed payable 1999 tax l_aI~a~!e M~arket V.al. ue i.s ~e val.ue.¥our 2.000 .tpx wi].l.be based on. It is the final value after all reductions, limitations and e?rr~, s. ~omp.are, .tn.e ¢ an. eve to me eneloseo payaole 1999 m~ahle market value to tta~rmlne the ehanoe in your property's taxaole market value. Es.t.imated Market Value .represents the assessor's estimate of your property's actual market value. Market value is defined ~a~_.me mo, st. pr?babl.e prince tim: a..well informed buyer would pay a well informed seller for a property without either party orang unouly roree~ to ouy or Sell. nL;~otme~t~Mte~dk_et Value- .C~, 'n class,es of pm..pert~ (a~i,'cul...tt~l. homestead or nonhom.estead, residential homestead or .oaa~ .mau, noncommermal seasonm recreauonm resioentlm) trove the amount that theu' value can increase limited to a vn~nue ~n~..e~_ __e,_of_~_n,~cept ove. r.l .sst yea-r's taxable_raj, u,e' or..25. % of the di.ffexeace.between.last year's taxable raarket '~?r~n~n~sYme~ ~yyo~ ;~uo;ee~t~.mcoever is greater, ires nmn aces not apply to an increase la your value due to Value of New Improvements- Is the Assessor's value estimate of improvements that have been made to the property since the last assessment inspection. rroeOv_lfl~House - Certain'' Improvements t.o~ho,mest, ea.d pm. petty m~.y_ be .fully or p .artially excluded from the value of the _y~o~r_~s ~es_s__m.e_n~t purp?, ses tor. a. specmco penoq, ct .tun.e pr?ytded the Oouse Is at least 35 years old at the time of the }, =~m=m. xvaore lmormauon on mas program may oe co:runes oy contacting your county assessor's office. · Detach Here · ·Detach Here · ANOKA COUNTY PAYABLE 1999 STAT~ PAID PROPI:FtTY TAX R£FUND INFORMATION 1998 1999 PI~: R25 30 24. 33 0003 Market Yalue: 72000 74.800 New Construction Value: N/A 0 Property Class: RES NO-HST RES NO-HST Owner: COLUMBIA HEIGHTS CITY OF 590 4.0TH AVE NE COL HEIGHTS, MN 55421 Taxpayer: COLUMBIA HEIGHTS CITY OF 590 40TH AVE NE COL HEIGHTS,MN 55421 ;Line 1 Amount to use in filling out your property tax -efund form M-1PR, if eligible ..... 0.00 Line 2 Amount to use in filling out schedule 1 of form M-1PR, if eligible 0.00 f this box Is .checked, you owe delinquent - ~- ['""'lt~taoh fills Stub and InoluOe It with your [a^~ .......................... ~ I M-1PR form when applying for a refund NOTICE oF-YOUR PROPERTY'S ESTIMATED MARKET VALUE AND PROPERTY CLASS FOR PROPERTY TAXES YOU WILL PAY IN 2000 State law requires ail property owners to be notifieO ut any changes in their market value or pr°Petty class. '~* l~ope~ty Owuem COLUMBIA HEIGHTS CITY OF { {~IN: 590 40TH AVE NE operty COLUMBIA HEIGHTS, MN 55421 1. Estimated Market Value for Payable 2000 la. Limited Market Value for Payable 2000 2. Classified Value for Payable 2000 2a. Limited Classified Value for Payable 2000 3. Value of New Improvements 4. Value Exemption for Certain Improvements 5. Taxable Market Value for Payable 2000 R25 30 24 33 0119[ 00295647 Class: RES NO-HST 72,900 $ 0 _$ 0 $ 0 '$ ~372,900 ,.'/ Yourpro~y'sm~ketv~ueshownonlineS~eamotmtthatwillbeused~ determineyourprope~-tytaxbffi. LocalBoardofRe~ewMeefing CountyBoardofEqualizaflonMeeting COLUMBIA HEIGHTS CITY HALL ANOKA COUNTY GOV CENTER APRIL 05, 1999 AT 7:00 PM JUNE 14, 1999 AT 9:00 AM TO APPEAR CALL LOCAL ASSR TO APPEAR CALL itT (6~2) 323 5487 (612) 323 5475 PRELIMINARY REVIEW If you feel the valuation or classification is incorrect or if you have any questions concerning this notice, you may wish to contact your ass~sor's of-flee at: 2100 THIRD AVE. N. AMOKA, MN. 55303 PYI~_~An~ ~o(~ ~I oASr3 '~'~ r~eewPehw°~se Lu~i~:! listed un.der.the Board of Revie~ ./~jualizafion meeting information. "rocess~--' ~_l_.~_p~ ..... ~.au~_y_ ,_ . p ....asaserwce~opmpertyowners,]t~snotaformalpartofthereview .Prope .rty Chss.is the .s~,tutory cl~sifi, catio.n that has been assigned to your property based upon the use of the property. pat~ uw puyaotc -,~ proper~ Class !!$~ aoov~ to tfle enclosed payable 1999 tax statt,ment Es~mated. Mark.et. V~ue ,rep. resen,~ .thoe ass~s, or's estimate of your pmp_erty's actual market value. Market value is defined ~as_.._m_e..m_o?,p~e?n?e mat a.wea mwrmea uuyer would pay a well i~ormed seller for a prope~ without either party o=mg unuuly Iorcea to Guy or Lin~i, ted ~Mar,ket Value - .C~, 'n class? of pro. perry (ag~i,'cu~.tural homestead or nonhomestead, residential homestead or non~.omest.eaa, noncommercuu seasonm recreatmnal resmenUal) have the amount that their value can increase limited to a maximum increase often percent over last year's taxable value or 25% of the dlff~eno~ unprovements made to yom pwtnnty. Value of New Improvements- Is the Assessor's value estimate of improvements that have been made to the property since the last assessment inspection. yLvT..o.__ ~__~_ro_ v~ _em_ents t .o,ho.m~s .tea,~ Rr~ty _may. ~ ~ly or partial!y excluded from the value of the _e¥_or.~a?pecmea penGO, or .t~n..e p .rpymea me n. ouse ~s at least 35 years old at the time of the r .......... ~.o,~ ..o~.~.o. on was program may ue ootamea oy contacting your county assessor's office. vDetach Herev ·Detach Here · !ANOKA COUNTY PAYABLI: 1999 $'i'A'l'l:: PAID PRO~I::FIT¥ TAX REFUND INFORMA'i'IOH 7 1998 -1999 PIN: R25 30 24 33 0119 Market Value: 69300 72200 New Construction Value: N/A 0 Property Class: RES NO-HST RES NO-HST Owner: COLUMBIA HEIGHTS CITY OF 590 40TH AVE NE COLUMBIA HEIGHTS, MN 55421 Taxpayer: COLUMBIA HEIGHTS CITY OF 590 40TH AVE NE COLUMBIA HEIGHTS,MN 55421 Line ! Amount to usc in filling out your property tak refund form M-1PR, if eligible ......... 0.00 Line 2 Amount'W use in filling out schedule 1 of form M-1PR, if eligibl~ .......................... 0.00 -~ r"~'lDetaoh this stub and Inoiude It with your Irt this box Is checked, you owe delinquent Ia^== .......................... 4 I M-1PR form whe~ applying f~r · refund The meeting was called to order by Vice-Chair, Patricia Sowada. Those present were: Hubbard, Nancy Hoium, Don Jolly, and Becky Loader. April 6, 1999 Patricia Sowada, Richard It was moved, seconded, and passed to approve the minutes of the March 2na meeting as mailed. The March 22na, 1999, bill list was reviewed. It was moved, seconded, and passed that they be paid. The April 12~, 1999, bill list was reviewed. It was moved, seconded, and passed that they also be paid. The 1999 accounting was reviewed. Old Business: Carpet tile was installed in the workroom on March 3, 1999. The Board was invited into the workroom to vie~v the new carpet. 2. Barbara Miller joined the meeting at 7:10 p.m. 3. After viewing the carpet, the Board directed the Director to have the office carpeted also. 4. The CSU/DSU installed on the T1 line was completed on March 8, 1999. o A telephone consultant has been hired by the City. They have taken an initial inventory, spoken to staff, and are in the proce§s of writing a recommendation. Hopefully the system currently in use will be replaced by June of this year. Category 5 cabling upgrade is being completed in the building by the MIS department. This upgrade is necessary to support the additional PC's that staff is using and that will be needed to run the acs when it switches to a client/server basis. The initial runs are in and the job should be completed shortly. Ken Anderson and Linda Magee are in the process of writing an RFP to hire a consultant for a space needs study for the City. Ideas are being gathered and this project is starting to move along. The Board was encouraged to attend the meeting scheduled for April 8, 1999, at Murzyn Hall to discuss a Community Center. The Honeywell contract expires on November 1, 1999. A committee will be looking into options. Comparisons of service are being discussed. Along with these discussions, the cleaning service contract is still not settled. Options and proposals are being prosented on this item also. New Business: The sump pump for the elevator had to be replaced on 3/22/99. The warning light goes on when the pump tums off. Public Works was called. They could not get it running, so a new unit had to be purchased. On 3/23/99 Public Works was drilling holes for computer cables when they accidentally cut a lighting relay line. We had power, but there were no lights in the adult section. Heights Electric responded to our call and were able to bypasg the relay in order to restore the lights on that day, but they could not be turned off. They returned a few days later and made the necessary repairs to the relay. o 9. 10. 11. 12. 13. 14. 15. 16. The yearly test of the sprinkler system took place on 3/26/99. The library is a~ccepting page and choreperson applications throughout the month of April. The high traffic areas of carpet were cleaned the weekend of April 2, 1999. This project uncovered a problem with a key being available for the library building. An exterior lock box has been ordered through the fire department to house a building key for this location. Crossover statistics were reviewed. The State version of the Annual Report was reviewed and discussed. The report this year is formatted with codes. Statistics are probably being gathered for another purpose. The Anoka County Library 1998 Annual Report was reviewed. The article about DVD technology was discussed. The bushes were trimmed by Greenway. This is a yearly professional pruning project. The Trustee Workshop was discussed. Barbara Miller will be attending this workshop and will report back to the Board at the May meeting. The initial draft of the re-codification of the City Code has been received and reviewed. There are some problems in areas concerning the library. A preliminary report to Linda Magee has been submitted. National Library Week is April 12-17. A National Library Week Proclamation will be presented by the City Council on April 12, 1999. Board members are requested to attend. Barbara Miller, Patricia Sowada, and Becky Loader will attend the Council meeting at 7:00 p.m. on that date to accept the proclamation. Olson Plumbing had to be called to make an emergency repair to the men's restroom. The library is gathering historical information about the Heights Theater using old newspapers for the Minnesota Historical Society, the Anoka County Historical Society, the new owner of the theater and for the library's files. Becky has been invked to attend an open house at K-Mart (Big K) on April 9. She will report on the event at the next meeting. There being no further business the meeting was adjourned to executive session at 8:05 p.m. Respectfully submitted, J~anine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. MEMBEB$ OF COLUMBIA HEIGHTS' PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 6, 1999 The April 6, 199g 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), Jim Hoeft (City Attorney), Ken Anderson (Director of Community Development) and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Szurek, seconded by Fowler, to approve the minutes from the meeting of March 2, 1999 as presented in writing. Voice Vote: All Ayes. Motion passed. OLD BUSINESS: A. Site Plan Review Case #9902-09 Gilbert L Becker RE: 635 N.E. 39m Avenue Mr. Hollman informed the Commission that Mr. Becker has withdrawn his request at this time. NEW BUSINESS: Petitions, letter and requests. Public Hearing Conditional Use Permit Case #9904-11 Dan Terzich Re: 2261 N.E. 37th Ave. Columbia Heights, Mn. Dan Terzich, Manager of Ace Hardware, was present to request a Conditional Use Permit to allow the use of an accessory structure consisting of a 21' x 48' tent to be located in the far east side of the parking lot at 2261 N.E. 37~ Avenue from April 8, 1999 through July 31, 1999 for the purpose of conducting retail sales of green and flowering plants. Approximately eight (8) parking spaces would be eliminated directly in front of the Ace Hardware store. Mr. Hollman stated that the same request has been approved in each of the past six years and has been operated with no significant complaints. Mr. Hollman informed the Commission that RB, Retail Business is the existing zoning on the subject parcel and on property to the south, east, and west. The zoning to the north of the subject parcel is zoned R-3 and is used for multi-family residential purposes. The area east across McKinley Street is zoned both RB, Retail Business, and LB, Limited Business, and is used commercially. Property south of the subject parcel within Columbia Heights is used 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 ~£r~L~L~,~, ~£~'f~G - ~l~'fc,.$ APRIL 6, lggg Page 2 as open space by the Lion's Club and is zoned RB, Retail Business. It was his opinion that the proposed use will be consistent with the character of the surrounding property. He added that the principal uses of the subject parcel are pre-existing and comply with zoning regulations. Existing parking exceeds zoning requirements, and the property would still meet minimum parking requirements after the placement of the accessory structure over eight parking spaces. According to Section 9.113(2)(a) of the Zoning Ordinance, accessory buildings are only allowed as a Conditional Use within any "RB" Business District. Mr. Hollman stated that the proposal is consistent with zoning regulations. He noted that there will be two exits and two fire extinguishers in the tent. Mr. Hollman stated that one concern is that the proposed time period starts on April 8, 1999, however, action will not officially be taken on the Conditional Use Permit until tho City Council meeting on April 12, 1999. As a result, staff will recommend that the operation can not begin until April 13, 1999 as a condition of approval. Motion by Szurek, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of a temporary green and flowering plant sales tent at 2261 N. E. 37~ Avenue subject to the following conditions: A 8500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. 2. The tent can not be placed on the site until April 13, 1999 and removed no later than July 31, 1999. Voice Vote: All Ayes. **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF APRIL 12, 1999. Public Hearing Variance Case//9904-12 Dane Froiland 4721 N.E. 5th Street Columbia Heights, Mn. Mr. Hollman presented the request of Dane Froiland for a variance to Section 9.104(5) of the Columbia Heights Zoning Ordinance which requires a minimum three (3) foot side yard setback for accessory structures in the R-2, Single and Two Family Residential Zoning District. The proposal is to construct a 162 square foot addition onto an existing garage at 4721 N.E.5th Street. The existing garage is roughly 327 square feet and is located roughly one (1) foot from the side property line. The addition will remain along the same building line and will not encroach further into the setback. PLANNING AND ZONING COMMISSION APRIL 6, 1999 Page 3 Mr. Hollman informed the Commission that the addition has been mostly constructed without the required approvals and building permits and the Building Official has posted two "Stop Work Orders" on the property. The first was issued on November 10, 1998, when the Building Official first noticed that construction of the addition was started. The second notice was posted on February 25, 1999, when it was observed that additional improvements were made to the garage. Mr. Hollman stated that accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance adding that the requirements are as follows: No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is less; No accessory structures shall exceed 1,000 square feet, and any lot over 6,500 square feet may have a lot coverage of up to 30%; · Detached accessory structures must be six (6) feet or more from the principal structure; Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be 20 feet or more; and, · Minimum of three (3) feet inside the rear and side lot lines as approved by the Building Official. Mr. Hollman stated that the survey that was provided with the application does not indicate the distance from the proposed garage to the house, but he added that it appears that there is more than enough space to meet the six foot setback from the house. According to the survey, the existing garage is located 3.7 feet from the rear property line which meets requirements. The lot coverage on the property with the new addition to the garage would be approximately 28% which meets requirements. With the exception of the side yard setback requirement, the proposal meets the requirements of the Zoning Ordinance. Mr. Hollman informed the Commission that Section 9.104(3) of the Ordinance states that normal maintenance of a nonconforming structure is permitted, provided it does not extend or intensify the nonconformity. The proposal will not further encroach into the setback, but considering that the garage will be expanded, he stated that it is the opinion of staff that the nonconformity would be intensified and a permit could not be granted without a variance. He added that the adjacent property to the south has a garage which is located approximately five (5) feet from the shared lot line with the subject property noting that there is a separation of six (6) feet between garages. Mr. Hollman indicated that, according to the City Building Official, a one-hour fire wall will be needed if the garage is closer than three (3) feet to the lot line. He added that, having discussed this issue with the Building Official, he does not have a problem with the variance as long as the fire wall is constructed to achieve a one hour separation. PLANNING AND ZONING COMMISSION ~,£r~L~L~,~, Ntrr.£T~NG - N~NLtT£$ APRIL 6, 1999 Page 4 Mr. Hollman informed the Commission that Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or whereby reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. Mr. Hollman stated that there is a 32 inch high retaining wall separating the driveway from the rest of the lot, and there is a 24 inch diameter tree located on the west side of the retaining wall. Because of the topography of the lot and the location of the tree, the existing location of the garage is the most practical location on the property for a garage. Topography and tree location appear to create a legitimate hardship. Mr. Hollman indicated that, should the variance be denied, the applicant would need to remove the addition which was constructed without the necessary permits. However, the existing garage would be allowed to remain. If the variance is granted and necessary permits issued, Mr. Hollman stated that the applicant will be required to construct a one-hour fire wall on the south wall of the whole garage extending to a point five feet from the lot line on the east and west wails which will decrease the potential fire hazard to the adjacent property. Commissioner Ramsdell asked Mr. Froiland why he constructed the garage addition without a permit and especially why he continued the construction after receiving the first "stop work notice". Mr. Froiland explained that his brother was in charge of the construction. His brother told him that he had contacted the City and was told that there should not be a problem with the addition. He assumed that it was alright to go forward with the construction and did not realize a building permit was required, let alone a variance. He pled ignorance of the City requirements being a new homeowner. Commissioner Ramsdell asked Mr. Froiland if he understood that he would be required to pay a double fee for the building permit as well as the alterations that will be required to the structure as required by the Building Inspector. Commissioner Ramsdell stated that the building permit must be obtained within ten days from approval by the City Council and that would be made a condition of the approval. In other words, if Mr. Froiland does not obtain the required building permit within ten days after the City Council action, the approval would be revoked and the addition would be required to be removed from the premises. Mr. Froiland replied that he understood. Motion by Ramsdell, seconded by Szurek, to recommend to the City Council the approval of the variance of two (2) feet at 4721 N. E. 5th Street due to the hardship of tree location and topography on the property and provided the following items are in compliance: The required building permit be obtained within ten days of City Council action. A one hour fire wall be installed on the south side of the existing garage and addition. PLANNING AND ZONING COMMISSION APRIL 6, 1999 Page 5 3. All building code requirements be met. 4. A double fee be paid for the permit as penalty for performing work without the required permit. Voice Vote: All Ayes. **THIS ITEM TO APPEAR ON THE APRIL 12, 1999 CITY COUNCIL AGENDA. C. Site Plan Review Case #9904-13 Mark A. Hotzler RE: 4001 Central Ave. N.E. Mr. Hollman presented the request for site plan approval for a modification of the Columbia Heights Mall shopping center site to incorporate the Columbia Heights Transit Hub in the northwest corner of the property. He explained that the Hub will be designed to accommodate six buses at one time, four on the Mall property and two on the public right-of-way. Each bus will serve a separate route and will travel at different frequencies. All six buses will be on the site at the top of each hour. He informed the Commission that the original site plan for the mall was approved in 1981. During the regular meeting of March 2, 1999, the Planning and Zoning Commission approved a site plan to allow the build-out of the Columbia Heights Mall tenant spaces to the front of the building, eliminating the common hallway at the front. He added that Anoka County and Metro Transit have been working with the City to determine an appropriate location for the Transit Hub. There was a public information meeting held on the proposal on March 4, 1999 which was attended by roughly 30 people. He noted that Anoka County and Metro Transit are working with the owners of 4001 Central Avenue on a long-term lease agreement for use of the property. The lease portion of the property will be roughly 19,439 square feet. He stated that Staff will recommend, as a condition of approval, that a copy of this agreement be made available for City files, once it is completed. 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. As the property is used today,.it is in compliance with this section of the Ordinance. Also, Section 9.112(l)(jjj) lists transportation centers as a permitted use in the Central Business District, so the proposed Transit Hub would be permitted. He added that the proposal meets or exceeds the minimum yard and density requirements of the Zoning Ordinance which 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. PLANNING AND ZONING COMMISSION APRIL 6, 1999 Page 6 Front Yard setback shall be a minimum of one foot. The existing building and proposed transit hub structure meet this requirement. Mr. Hollman Stated that the proposed bus shelter will cover an area that is roughly 65 feet long and 10 feet wide (650 square feet) and will be approximately 50 feet south of 41" Avenue NE and 37 feet east of Central Avenue. He added that minimum setback requirements will be met. He stated that the Transit Hub development would remove 66 parking spaces from the Mall site. He noted that after the Mall is built-out, there would be a total of 377 spaces required for the Mall. Considering that there are currently 413 spaces on-site and 66 spaces are being removed, there will be a total of 347 spaces left on-site which is 30 fewer than required. As was discussed during the March 2, 1999 Planning and Zoning Commission meeting, parking spaces in the 40~ Avenue Parking Ramp can be counted as required off-street parking for the Mall, so minimum parking requirements will be met. Mr. Hollman indicated that the frequency of bus traffic on the site creates concerns regarding maintenance of the parking lot. He added that Metro Transit and Anoka County will be working with the mall owner to reinforce the bus lanes on the site noting that the lane and parking pads within the Transit Hub will be concrete. He stated that during construction of the Hub, it is likely that some of the existing streetscaping such as benches, retaining walls, landscaping, etc., along Central Avenue and 41~ Avenue will need to be removed. As a condition of approval, staff recommends that any existing streetscaping that is lost due to the construction be replaced. Staff will also recommend that additional landscaping be provided on the Transit Hub site to provide shade during spring, summer, and fall months to passengers waiting to load and unload. This landscaping shall consist primarily of deciduous trees with a canopy that is at least six feet above grade to allow visibility to the mall from Central Avenue. This landscaping will also help buffer any noise impacts. Another benefit is that the landscaping will create a park-like setting which will complement Wargo Court on the northwest corner of Central and 41~ Avenue. He added that landscaping plans are subject to review and approval by staff. Mr. Hollman stated that at this point, staff has not seen any plans for signage for the Transit Hub, but it will need to comply with the Columbia Heights Zoning Ordinance. Signage attached to the shelter will be considered wall signage. The total wall signage allowed on the shelter will be calculated based on the requirement of two square feet of signage for each front foot of building, with a maximum of 100 square feet. Because the shelter is roughly 65 feet Ion9, the 1 O0 square foot maximum will apply. Mr. Hollman informed the Commission that the Fire Department had the opportunity to review the plans and offers the following comments: Fire Department access to buses while in the Transit Hub is the primary concern, so they need access to the bus-only lane within the Transit Hub. PLANNING AND ZONING COMMISSION APRIL 6, 1999 Page 7 The width of the bus road should be such that, when buses are parked at any of the stalls, a minimum of 20 feet width is maintained for fire department access. Because of the fact that the buses are larger in most cases than our fire apparatus, this should not be a significant issue. 3. The bus lane shall be marked with "no parking" signs to prohibit parking of private vehicles on the lane. He added that the Public Works Department had a few concerns about the project which are summarized as follows: The fire hydrant at the parking lot entrance along 41" Avenue may need to be relocated; there are concerns about mid-block pedestrian traffic conflicting with buses, particularly if any passengers park in the Van Buren Street parking ramp and cut across Central Avenue at mid-block; Public Works is also concerned about who will be responsible for site maintenance. Mr. Hollman indicated that one concern pertains to air quality. On March 2 and 3, 1999, Braun Intertec Corporation performed an air quality study at the site. Measurements on March 2 were intended to get a base reading, and the measurements on March 3 were taken when the buses were on-site running as they would if the Transit Hub were operational. Both pollution and noise were measured. In summary, the report stated that at ten (10) feet away from the buses, pollutants dissipated to less than one (1) part per million. To summarize the results of the noise testing, buses are only slightly audible at each condominium entrance only for brief periods of time when buses were entering or exiting the mall parking lot along 41~ Avenue. Because the base noise level is as high as it is, the addition of bus traffic along 41't and Central will have a minimal impact on surrounding residential properties. Also, it is the City Planner's opinion that the noise standards established in the Zoning Ordinance are not intended to regulate noise from vehicle traffic even though a majority of the bus traffic will be on private property. Staff is not aware of any other instances where this section of the Zoning Ordinance has been administered to regulate the noise of traffic in a parking lot. Mr. Hollman stated that another concern that was raised during a recent Comprehensive Plan Planning Advisory Committee (PAC) meeting pertains to the cleanliness of existing bus shelters. It has been observed that certain shelters are subject to frequent littering problems. To help remedy this, staff will recommend as a condition of approval that a minimum of two decorative garbage receptacles be provided at the site. These receptacles shall be of a design that is consistent with the style and material of the Transit Hub. Mr. Hoilman stated that the City Comprehensive Plan designates this area for future Commercial development. He informed the Commission that Policy # 7 in the Traffic and Transit System Plan states that: "The City will work with the Metropolitan Transit Commission to create new or improved bus waiting stations along new cross-town routes that would serve the planned Light Rail Transit system." Policy # 8 states that: "The City will review major new developments for the inclusion of bus shelters and pull-outs if such sites are along MTC bus routes." He added that the proposed station does not serve an existing LRT system and is not part of a major new development. However, considering that the City is making efforts to revitalize downtown Columbia Heights, the Transit Hub will be an important element in expanding the potential employee and customer base for area businesses. It was his opinion that the proposal appears to be consistent with the intent of the Comprehensive Plan. PLANNING AND ZONING COMMISSION APRIL 6, 1999 Page 8 Commissioner Ramsdell asked if it had been discussed as to how to regulate the "Park and Ride" situation that currently occurs at the site and if a time limit can be placed on parking at the Mall and in the hub area to control long term parking and steer patrons toward the ramp. His concern is that there could be a possible shortage of parking spaces for the patrons of the Mall given the amount of current "Park and Ride" patrons that use the s.w. corner of the mall currently. Robert Grootwasink, one of the Mall property owners, was present to stated that he would have to make the effort to make personal contact with these users and notify them initially of the parking situation. After that, they could be towed at their expense as the property is private property. Ken Anderson, Community Development Director, stated that the intent is that this project not warrant any additional "park and ride" needs and "park and ride" will not be promoted for this site. Commissioner Hunter asked if the City would have any liability regarding the provision of parking, towing of cars, etc. at the mall site. The City Attorney stated that no liability would be accrued by the City as the site is private property. Commissioner Fowler asked staff who would maintain the transit hub shelter. Aaron Isaacs, project manager for Metro Transit, was present to state that the area would be maintained by the property owner. They would maintain the area or would contract out the maintenance of the hub. Commissioner Hunter asked Mr. Isaacs how much re-inforcement would be added to the bus parking and travel areas. Mr. Isaacs replied that the areas would be equivalent to a nine (9) ton road. Commissioner Ramsdell expressed concern regarding the bus stop at northbound 40th and Central Avenue. His concern was when a bus northbound on Central stops to drop passengers at the 40m and Central stop on the corner, the bus extends into the intersection and causes traffic problems. He asked the representative of Metro Transit to review the location of this stopr for possible relocation south of the 40th and Central intersection. David Wright, a resident of LaBelle III Condos, asked how close this proposal would be to the condo buildings. Staff explained that this project would be across from the former bank building on 41't and Central. Harold Hoium of 4315 N.E. 5t~ Street was present to suggest the driveway to the Mall off Central Avenue be widened so the buses could pull off Central Avenue and circle through and out the proposed transit hub area on 41'~ Avenue. Chair Person Ramsdell, closed the public hearing. Motion by Hunter, seconded by Fowler, to approve the site plan to allow construction of the Transit Hub at 4001 Central Avenue, subject to the following conditions: PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 6, 1999 Page 9 All required state and local codes, permits, licenses and inspections will be met and in full compliance. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. The width of the bus road should be such that, when buses are parked at any of the stalls, a minimum of 20 feet width is maintained for fire department access. The bus lane shall be marked with "no parking" signs to prohibit parking of private vehicles on the lane. Any existing streetscaping that is lost due to the construction shall be replaced. Additional landscaping shall be provided on the Transit Hub site. This landscaping shall be designed in a manner that does not block the visibility of the Columbia Heights Mall from Central Avenue. Landscaping plans are subject to review and approval by staff. A copy of the lease agreement between Anoka County, Metro Transit, and the owners of the Columbia Heights Mall shall be provided to the City after it is completed. A minimum of two garbage receptacles shall be provided at the site. These receptacles shall be of a design that is consistent with the style and material of the Transit Hub. Voice Vote: Ali Ayes. Motion passed. D. Site Plan Review S.A.C.A. Case #9904-14 Re: 627 N.E. 38t~ Ave. Mr. Hollman presented the request for site plan approval to construct a new building for SACA, the Southern Anoka Community Assistance, Inc., food shelf. The proposed building is roughly 65 x 105 (6,825 square feet). Mr. Hollman noted that the City of Columbia Heights is the fee/title owner of the property and added that SACA representatives are currently working with the City on a long-term lease for the use of the property. Mr. Hollman informed the Commission that the property to the north is zoned I-2, Heavy Industry, and is used industrially. The adjacent property to the east is zoned I, Industry, and is used as the City's Municipal Service Center. The surrounding property to the south and west is used residentially, and is zoned R-3, Multiple Family Residential, and R-2, Single and Two Family Residential, respectively. The subject property is currently used by SACA. He stated that according to Section 9.109(1)(d) of the Columbia Heights Zoning Ordinance "YMCA and similar non- profit organizations" are considered permitted uses in the R-3 District. He explained that SACA is not necessarily similar to a YMCA, but it is a non-profit organization. Considering that SACA will have less of a land use impact than a YMCA, it is staff's interpretation that use of the property by SACA meets the intent of this section of the Ordinance and is a permitted use. Mr. Hollman informed the Commission that the proposal meets or exceeds the minimum yard and density PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 6, 1999 Page 10 requirements of the Zoning Ordinance adding that minimum Yard and Density Requirements are as fallows: · Lot Width shall be at least 70 feet. The subject parcel meets this requirement; · Minimum Lot Area shall be at least 10,000 square feet. The subject parcel meets this requirement; Front Yard Setback shall be 30 feet. The proposed building will be 30 feet back from the front property line which is along Madison Place; Side yard shall be 1/4 the height of the building or 10 feet, whichever is greater. The proposed building will be 10 feet from the north side yard and 20 feet from the side yard adjacent to 38m Avenue; and, Rear yard shall be ~ the height of the building or 20 feet, whichever is greater. The proposed building is 56 feet from the rear property line. Mr. Hollman stated that parking requirements are based on the use of the structure. He added that 5,225 square feet of the building will be used for storage which does not require off-street parking. The remaining 1,§00 square feet will be used for business/office space which requires one parking space for each 200 square feet of floor area. The total number of off-street parking spaces proposed is eight (8)including one (1) van-accessible handicap space which meets requirements. He informed the Commission that the Zoning Ordinance requires all open off-street parking areas shall provide a bumper curb of 5 to 7 inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. The site plan indicates that there will be a constant perimeter concrete curb provided along with a curb and concrete sidewalk along the building. The sidewalk will be roughly six (6) feet wide. Mr. Hollman stated that the only driveway opening will be onto 38m Avenue approximately 120 feet back from the curb line intersection of Madison Place and 38t~ Avenue. The parking lot will have a 24 foot wide drive aisle along with a vehicle turn-around which will provide adequate space for safe vehicle movement on the property. He added that Staff is concerned that the proposed parking lot for SACA is currently used as parking for the Public Works Department. If the area is to be curbed-off, it would be inconvenient for Public Works employees and customers to walk around or over the curb. It would also make it difficult for Public Works vehicles to maneuver on the site if it were blocked off by the curb. Another point of concern is that a shared-parking agreement between the City and SACA would be needed for use of this parking lot. It does not appear that minimum parking requirements for both uses would be met, so variances would be required. He noted that parking spaces for the Public Works garage are located on the property used by SACA, but this is a City-owned lot. The Zoning Ordinance requires that at least one loading berth that is 12 feet in width and 25 feet in length and 14 PLANNING AND ZONING COMMISSION ~,EC~IlLtk~ ~AEE'(~IG - ~A~L~TES APRIL 6, 1999 Page 11 feet in height be provided. Mr. Hollman stated that the plans indicate that there will be a loading berth near the northeast corner of the building which meets requirements. Mr. Hollman 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. The site plan indicates that there will be a trash enclosure provided. He added that the plans do not indicate that there will be any new lighting on the property, but if lighting is added, a lighting plan will need to be reviewed and approved by staff. Light can not exceed three (3) foot candles at the property line. Mr. Hollman stated that staff has not seen any plans for signage noting that institutional uses in the R-3 District are allowed one sign not to exceed 32 square feet in area with an eight (8) foot above grade maximum height. Any free-standing signs will need to meet the front yard setback requirement. Another concern regarding this proposal is the structure's appearance in a residential district. The building will be a combination of prefinished metal panels and rock face concrete masonry which will have an industrial appearance, but the use of the property will not be industrial. The rear of the building and the loading/parking areas will face the industrial districts, and the front and south sides of the building will face residential properties which are across Madison Place and 38t~ Avenue. Because the more attractive sides of the building face residential districts and the use of the property is not industrial, it was Mr. Hoflman's opinion that the building will serve as a buffer between the existing residential and industrial properties. The Zoning Ordinance requires screening when the use of the property requires six or more parking spaces. Such screening shall not be required for the front of such business or industrial use. The front of the proposed building will face 38th Avenue. Also, the Ordinance does not allow screening fences in the front yard of a property. The front yard for the subject property will be along Madison Place. The north and east sides of the property face industrial property. Because of these circumstances, Mr. Hollman stated that screening is not required for the project. Mr. Hollman informed the Commission that according to the Fire Department and the City Building Official, due to the high quantities of combustible material and possible high occupancy load, it is recommended that the building be sprinklered to lessen any liability. Combustible materials consist of packaging and clothing which are also at risk of spontaneous combustion. He added that one other issue that needs to be pointed out is that the increase of impervious surface on the lot will create concerns regarding drainage. Drainage and grading plans will need to be reviewed and approved by the Public Works Department. Mr. Hollman stated that the Public Works Department had a few other concerns regarding this proposal and he PLANNING AND ZONING COMMISSION APRIL 6, 1999 Page 12 summarized as follows: Any additional activity in the area may conflict with Public Works activities; There should be a clear identification of SACA building on the south and east sides, and the exterior siding can not be white. A representative from Greystone Construction presented Mr. Hollman with a new site plan. At that point, Mr. Hollman recommended that the case be tabled to allow staff ample time to perform a review of the proposed changes. Jim Hoeft spoke as a representative of SACA stating that he was the president of SACA as well as on the Board of Directors. He felt that the requirement to add sprinklers to the building would add significant costs to the construction. It was his opinion that the City has not required this of other similar businesses. Motion by Ramsdell, seconded by Fowler, to table this case until the May 4, 1999 Planning and Zoning meeting to allow staff time to review the new site plan. Voice Vote: All Ayes. Public Hearing Conditional Use Permit Case #9904-15 Jason Borton Re: 4220 Central Ave. #207 Columbia Heights, Mn. Mr. Hollman presented the request of Jason Borton for a Conditional Use Permit to allow a retail store at 4220 Central Avenue NE. The subject property is zoned LB, Limited Business. He informed the Commission that Section 9.111(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for retail stores, shops, offices and small service businesses catering to neighborhood patronage deemed to be as appropriately and desirably located in the LB zone. Mr. Borton's business, Ballroom Basics, currently sells ballroom dance supplies such as gowns, shoes, and jewelry via the Internet, mail order, and at various dancing events around the country. Should the Conditional Use Permit be approved, the business will also contain a showroom for display and retail of merchandise. Mr. Hollman stated that the subject parcel is zoned LB, Limited Business. According to Section 9.111(2)(m) of the Columbia Heights Zoning Ordinance "Retail stores, shops, offices and small service businesses catering to neighborhood patronage, deemed to be as appropriately and desirably located in the LB zone" are permitted as a Conditional Use in the LB District. The applicant is currently using the space as his office which is a permitted use in the LB District, and he is requesting the Conditional Use Permit to allow some retail sales on the premises. Most of the business conducted from the space will be sales via the Internet, mail order, and at various dancing events around the country. Converting the front portion of the space into a showroom for retail sales of the merchandise will have a minimal impact on the surrounding neighborhood. Mr. Hollman stated that it is staff's opinion that the proposed use is consistent with the intent of the Zoning Ordinance and should be allowed as a Conditional Use Permit. PLANNING AND ZONING COMMISSION APRIL 6, 1999 Page 13 Mr. Hollman informed the Commission that minimum Yard and Density Requirements are as follows: Lot Width shall be at least 50 feet. The subject parcel meets this requirement; · Minimum Lot Area shall be at least 6,000 square feet. The subject parcel meets this requirement; · Front Yard Setback shall be 12 feet. The existing building meets this requirement; · Side yard shall be 15 feet. The existing building extends the entire width of the property; and, · Rear yard shall be 20 feet. The existing building meets this requirement. Mr. Hollman stated that with the exception of the side yard setback requirement, the existing building meets or exceeds the minimum yard and density requirements of the Zoning Ordinance. He noted that the building was constructed in 1963, prior to the adoption of these regulations. Provided the entire structure is not vacant for more than six months, it is allowed to continue without approval of a variance. He stated that parking requirements are based on the use of the structure. The space is roughly 580 square feet based on the existing and proposed floor plan. Using the ratio of one parking space for each 200 square feet of office and retail area, less storage space, the proposed business will require two (2) off-street parking spaces. He indicated that there appears to be roughly eleven parking spaces in the front of the building and twelve spaces behind the building off the alley. Converting a portion of the tenant space into retail does not increase the number of parking spaces required. The proposal meets minimum parking requirements. Mr. Hollman informed the Commission that staff has not seen any plans for signage at this point. He noted that wall signage for multi-tenant buildings in the LB District is limited by the front footage of the tenant space. The maximum size of a wall sign for this tenant space is 46 square feet. Mr. Hollman added that the applicant does not propose any exterior structural or lighting changes to the building. However, the floor plans indicate that a couple walls separating an existing office space from the reception area will be removed to make room for the showroom. This will require building permits which are subject to review and approval by the Building Official and Fire Department. Chairperson Ramsdell asked Mr. Borton what his hours of operation would be. Mr. Borton replied that he would be open from 3:00 p.m. to 8:00 p.m. for walk in customers and appointments. Joe Marthe of 4227 Van Buren Street was present to ask if customer parking would be in front of the building or at the rear. Mr. Borton replied that the parking at the rear is for employees and tenants. His customer parking would be at the front of the building. He felt most of his customers would be coming to his site after most other businesses in the center would be closed. PLANNING AND ZONING COMMISSION APRIL 6, 1999 Page 14 Motion by Fowler, seconded by Szurek, to recommend to the City Council approval of the Conditional Use Permit to allow retail sales on the property at 4220 Central Avenue NE, space #207, subject to the following conditions: Ail required state and local codes, permits, licenses and inspections will be met and in full compliance. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. Voice Vote: All Ayes. *~THIS ITEM TO APPEAR ON THE APRIL 12, 1999 CITY COUNCIL AGENDA. Chairperson Ramsdell thanked Commissioner Fowler for his years of service on the Planning and Zoning Commission as this is his last meeting. Motion by Fowler, seconded by Szurek, to adjourn the meeting at 8:10 p.m. Voice Vote: Ail Ayes. Respectfully/~hmitted,~ Secretary to the Planning and Zoning Commission kp THE MINUTES OF THE TELECOMMUNICATIONS COIVIMISSION FOR THE MEETING OF THURSDAY, APRIL 15, 1999 f pp ou c/ The meeting was called to order at 7:05 p.m. by Chairman, Dennis Stroik. ROLL CALL: Commission Members: City Representative:. Cable TV Representative: Legal Counsel: APPROVAL OF MINUTES Dennis Stroik, Ruth Graham, Robert Buboltz, and Reuben Ruen. Linda Magee Kathi Donnelly-Cohen Bob Vose Motion by Ruth, seconded by Reuben, to approve the minutes from the meeting of March 18, 1999. All ayes. OLD BUSINESS A. Channel Check The IPG notice at the bottom of the screen was shaking on Channels 6 & 15. It was noted that videotapes were being run on these access channels at the time. Kathi will have this checked out. B. Correspondence Log and Complaint Follow Up. Complaint #112-Mrs. Orlyn Jadinak-She received bill for $102 instead of $33 and she was very concerned why and did not want to incur any late fees. She had called company, but had not gotten a response as of yet. Kathi reported that this complaint has been resolved and Mrs. Jadinak has been contacted. It seemed that she had been charged for some special services and then credited, but she failed to notice the credit amount on her statement. Lynn from MediaOne called her and explained her bill and credit to her and she now understands. C. Status of Digital Light System in Council Chambers We have put this project on hold unless the Council wishes to pursue this again sometime in the future. The students are no longer interested in working on this project. D. Status of Review of Rate Increases for 1999 The forms submitted by MediaOne need to be reviewed during 1999. Bob Vose reported that we will not be Using the same accountant as last year as they took too long to complete the review. They will be choosing someone soon as this review must be completed by year end. E. Status of Appointment of Commission Member Robert Buboltz was introduced as our newly appointed commission member whose term will expire April 2000. There is still one opening on the Commission. An application has been sent out to a resident who may be interested, but we have not received it as of this date. F. Other Old Business There was no other old business. TELECOMMUNICATIONS COMMISSION Mib~S OF APRIL 15, 1999 PAGE 2 NEW BUSINESS A. Merger of MediaOne and Comcast Corp. Enclosed in the agenda packets was a letter received March 25, 1999, informing the City that MediaOne has entered into a merger agreement with Comcast Corporation that combines the third and fourth largest domestic cable providers. The combined company will be the world's leading broadband communications provider. Assuming the agreement goes forward, they will need to secure any regulatory approvals that are required. It is estimated that this will take through year end to complete. Kathi explained that there is a 45 day time frame in which other offers can be made. When this time period is up (May 4th or 5th), the 394 forms will be sent which will start the 120 day process for the Commission to make a recommendation to the City Council to approve of the merger. After a review of the forms, the City will have to approve whether we fmd the new company qualified legally, fmancially, and technically to run the systems. B. Receipt of the 1998 Annual Report The Annual Report was enclosed in the agenda packets. The Complaint Report and the results of the Subscriber sUrVey will need to be added after the information is tabulated. The acceptance of the Annual Report was tabled until these items are provided. C. Discussion of the Subscriber Survey The results of the survey are included in our Annual Report each year, and have been a requirement of our franchise since 1986. At the last meeting, Kathi Donnelly-Cohen requested that the Commission consider discontinuing this requirement as it serves no purpose for the City or the Company, and we are the only entity that has this requirement in their Franchise. The Commission asked Kathi to have MediaOne put their request in writing explaining their reasons for this change, while keeping in mind that the City will need to make an amendment to our Franchise if we agree to the request. D. Establishment of Committee for Purpose of Setting Up Web Site The Council did pass the recommendation of the commission to establish a committee to study the possibility of setting up a Web Site. Linda explained that a few applications have been sent out to residents who have shown an interest in this matter, and that a notice is being mn on channel 16 asking for interested applicants. She explained the plan is to have Dennis, Bob Buboltz, Jean, a MIS person from the City, and a couple of members from the community to serve on this committee. Their goal will be to explore the costs involved, the need for a web site, the information it can provide, and to come up with a tentative proposal to accomplish this that will need to be considered by the. City Council. E. Other New Business There was no other new business. .TELECOMMUNICATIONS COMMISSION ~.F',_~NUTES OF APRIL 15, 1999 PAGE 3 REPORTS A. Report of Commissioners There was nothing to report. B. Report of MediaOne-March 99 --Kathi reviewed the reports that were enclosed in the agenda packets and answered questions. --Kathi reported that an open house will be scheduled at the main office and the head end in the near future. --Kathi informed the members that letters have gone out to Columbia Heights residents telling them of the need to change out their converter boxes. This is necessary for subscribers to get all the services that will be offered. By July 1999 we will be upgraded with Fiber Optic lines and new channels will be added to the lineup. MediaOne is two years ahead of schedule in their upgrading process. She also explained they will begin working on the nodes in this area. Subscribers will be notified when work in their area will be scheduled as it will cause service outages for short periods of time. The placement of the additional nodes will reduce the amount of amplifiers on the lines and this will greatly improve picture quality. She said some of the older drops to individual homes may also need to be replaced to ensure the capability of carrying all the channels that will be offered. C. Report of the Cable Attorney Bob Vose reported that the Public Utilities Commission recently made some rulings concerning Cities authority for regulating usage of Public Right of Ways. For Cities to have any authority, they need to have a Local Right of Way Ordinance in place. Linda explained this is one of the things being addressed in our re-codification process. This Ordinance will be added to our code and the process should be complete by September. Bob also explained the FCC recently adopted an "Omnibus Cable Order" regarding regulation of rates. This order states that cities cannot set their own technical standards, but they can enforce technical standards set by the FCC. Cities also do not have the power to tell cable companies they have to provide certain technology such as Fiber Optic technology, or digital vs. analog, etc. However, because cable companies want to be competitive they will be supplying the best technology and quality services they can, so the order is unclear of what it actually accomplishes and who really has the power over such decisions. D. Report of the Assistant to the City Manager Linda reported that work will begin soon on the 2000 budget. If any of the commission members have any suggestions for expenditures that should be made or budgeted for, please let her know ASAP. Motion by Ruth, seconded by Bob Buboltz, to adjourn the meeting at 8:25 pm. All ayes. Respectfully submitted, Shelley ~ Secretary .w, BOBBY & STEVE'S AUTOWORLD • Denotes Iron Monument Found As required by statute, a 1/2 inch by 14 inch iron T pipe will be set on each lot and block corner and shall L_V I 1 be in place on or before one year of the recording of this plat. -^ -LOB-- 1 - -- I IN f system Ih The bearings tom is based on assumed datum. OJ 0 I = I— I —__ O — I In I I I ^ T 50 50 L_L/ I .; I I art 11 NdRTH ^ T \ /l LOCK �I I 1 1 � /1T. I\J � 7 N ?0 {}.ti3�� .� L_V i L_V I I i� 1 Sie 10 _ S 89* E _ 100.00 - S 89.42'05" E J— 131.3013.06 ! / L cC S 89'30 39 E 109A 5 1 1IF Q O I LI J /'�T 1.1 I �� v U 1 A/\ L-I � V = D 15 LI�IL_V \ f / _V 1 IV I F� LL_IBj ---G,�—�`�/ \ So _ > < < /< L&I <C VICINITY MAP SECTION 35 & 36, TOWNSHIP 30, RANGE 24 NE 1/4 Li NW 1/4 I; - la I� z SE 1/4 IU SW 1/4 37TH AVE.I; � N.E. NOT TO SCALE IVA 40 20 0 40 80 120 SCALE IN FEET Scale: 1" = 40' "NRTHL'Y l-IpIE �. LOT / <` <cJ IJ/00 J i J \ < a Ad PLOCK?/ I EAST 6 IOT2 15 o So DRAINAGE & UTILITY EASEMENTS ARE SHOWN THUS: / II 30 / / / o 0 / BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND / ADJOINING LOT LINES, AND 10 FEET IN WIDTH, AND ADJOINING STREET LINES, AS SHOWN ON THE PLAT. r r.;_;.. . y ... KNOW ALL MEN BY tHESE PRESENTS: That Jeffs, Bobb aniP Stoves Autoworld, LLP.; a Limited 11abIHt Partnership, and Riverside Bank, d Minnesota Corporatl fee owner of the followingdescribed land situated In the Count of Anoka, State of Minnesota, to wit: LOTS 5, 6, 7, 8 and 9, Block 87, Columbia Heights Annex to Minneapolis, according to the recorded plat thereof, and situate in Anoka County, Minnesota Also: Lot 8, and the South 41 feet of Lot 9, Central Ave. Subdivision, Columbia Heights, Minnesota together with the north half of the adjoining east —west ciley and the west half of the adjoining north —south alley that were vacated by the Ordinance recorded May 17, 1971 as Doc. No. 349113. Also: Outlot C, Central Avenue Subdivision, Columbia Heights, Minn., together with the south half of that port of the adjoining alley that was vacated by the Orinance recorded May 17, 1971 as Doc. No. 349113. Also: Lots 10, 11, 12 Spain's Addition, Columbia Heights, Anoka County, Minnesota., together with the north half of the adjoining east —west alley and the east half of the adjoining north —south alley that were vacated by the Ordinance recorded May 17, 1971 as Doc. No. 349113. Also: That part of the vacated alley found within the plats of Central Avenue Subdivision and Spains Addition, Anoka County, Minnesota lying between the easterly extension of the northerly line of the South 41 feet of Lot 9, said Central Avenue Subdivision and the northerly right of way line of Reservoir Boulevard. Has caused the same to be surveyed and platted as BOBBY & STEVE'S AUTOWORLD, and does hereby donate and dedicate to the public use forever the alley and easements for drainage and utility purposes as shown on the plat. In witness whereof, said Jeffs, Bobby and Steve's Autoworld, LLP., a Limited Liability Partnership under the laws of the State of Minnesota, has caused these presents to be signed by its proper officers this_— day of--___—_— 1999. Signed: Jeff's, Bobby & Steve's Autoworld, LLP its— --- ---------- State of Minnesota County of The foregoing Instrument was acknowledged before me this—___ day of said Jeffs, Bobby and Steves Autoworld LLP. 1999, by ,its — of Notary Public, ---County, MN My commission expires__---___ —_— In witness whereof, said Riverside Bank, has caused these presents to be signed by its proper officers this —day of— 1999 Signed: Riverside Bank, a Minnesota Corporation ; by---- —----------- kI I� itg --- State of Minnesota County of_ -__--- The foregoing instrument was acknowledged before me this__day of—_ 1999, said Riverside Bank, a Minnesota Corporation. its of Notary Public, _County, MN My commission expires_-- I hereby certify that I have surveyed and platted the property described on this plat of BOBBY & STEVE'S AUTOWORLD, that this plat is a correct representation of said survey, that all distances are correctly shown on the plat in feet and hundredths of a foot; that all monuments have been correctly placed in the ground as shown on said plat; that the outside boundary lines are correctly designated on said plat and that there are no wetlands or public highways otner than as shown thereon. Thomas E. Hodorff, Land Surveyor — Minn. Lic. No. 23677 State of Minnesota County of-------____ The foregoing instrument was acknowledged before me this_— day of 1999, by Thomas E. Hodorff, Land Surveyor. Notary Pubic,_ -_-County, MN — EC0 DIED My commission expires--_- NOT CHECKED Recommended for approval by. Date— City Engineer Approved by the City Council of Columbia Heights, Minnesota this ---day of___, 1999, If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations as provided by Minn. Statutes, Section 505.03, subd. 2. CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA City Clerk ONO? Such approval shall lapse unless this plat is filed with the County Recorder before the --day of---_, 1999. R' 19 \%%% LNG Checked and approved this_— day of __, 1999, QQ SQNGO- By--_—__ Anoka County Surveyor HARRY S. LAND SUF SHEET 1 OF 1 SHEETS