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HomeMy WebLinkAboutOctober 8, 2001 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn.us ADMINISTRATION October 5, 2001 Mayor GaryL. Pete~on Counc~members Marlaine Szurek Julienne Wyckoff Bruce Nawrocki Robert A. WLlliams City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, October 8, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability ? the. admission, or access to, .or.tryatment .~ employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals wt disabilities to participate in all City of Columbia Heights' services, programs, and act~vmes. Auxiliary aids for disabled personstare available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3o11, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation -Heidi Albrecht, Director of Christian Outreach, St. Matthew 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 the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the September 24, 2001, regular City Council meeting as presented. 2) Authorize payment of the 2002 League of Minnesota Cities Membership Dues MOTION: Move to authorize payment to the League of Minnesota Cities for 2001 membership dues in the amount of $10,504.00. 3) Authorize transfer of Funds from General Fund to Pohce Department Budget to Repay Overtime fund. MOTION: Move to authorize transfer of $5,063.32, the total amount received from Unique Thrift Store, Columbia Heights High School, Immaculate Conception Fun Fest, and the Summer Academy for off duty security worked, from the General Fund to the Police Department 2001 budget under line 1020, Police overtime. 4) Authorize acceptance of the 2001-2002 Federal Law Enforcement Block Grant and set public Hearing date for review of proposed use of the funds. MOTION: Move to accept the 2001-2002 Federal Law Enforcement Block Grant in the amount of $22,698, with a 10 percent match in the amount of $2,522 to come fi.om the unexpended funds in the [~QUAL OPPORTUNITY ~MPLOYER City Council Agenda October 8, 2001 Page 2 of 5 MOTION: Move to set October 22, 2001, as a public heating date for review of the proposed use of the funds from this grant. 5) Estabhsh the date for the Public Special Assessment Levy Heating RECOMlVlENDED MOTION: Move to establish Tuesday, November 27, 2001 at 7:00 p.m. as the Public Special Assessment Levy Hearing to be held I the City Council Chambers. ALTERNATE MOTION: Move to establish Monday, November 19, 2001 at 7:00 p.m. as the Public Special Assessment Levy Heating to be held in the City Council Chambers. 6) Adopt Resolution 2001-59, being a resolution calling for a Public Hearing on the proposed adoption of a Modification of downtown Central Business District revitalization plan and TIF District #1 MOTION: Move to waive the reading of Resolution No. 2001-59, there being ample copies available to the public. MOTION: Move to adopt Resolution 2001-59 being a resolution calling for a Public Hearing by the City Council on the proposed adoption of a modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and the proposed modification of Housing Redevelopment Tax Increment Financing District No. 1, therein and the adoption of the modified plans therefore. 7) Authorize LMCIT Workers' Compensation Retro Close-Out Option MOTION: Move to authorize the close-out of all open retro workers' compensation years with the League of Minnesota Cities Insurance trust at a cost not to exceed $14,653.00. 8) Authorization for Final Payment for City Seal Coating~ City Project #0101 MOTION: Move to accept the work for 2001 Seal Coat Program, City Project #0101, and authorize final payment of $49,160.04 to Allied Blacktop Company of Maple Grove, Minnesota. 9) Authorize approval of Change Order No. I for Zone 5 Street Rehabilitation Program MOTION: Move to authorize Change Order No. 1, Addition of the 45th Avenue Sanitary Sewer Repair to the Zone 5 Street Rehabilitation, City Project #0102, to Palda and Sons, Inc. of St. Paul, Minnesota, in the amount of $23,863.80, fi.om the Sanitary Sewer Utility Fund, 652-50102-5130. MOTION: Move to authorize the addition of sewer lining of 600 feet of 15 inch RCP pipi on 45th Avenue from the University Service drive to 5th Street, to the 2001 Sanitary Sewer Lining projects, 0103 and- 0104. 10) Authorize preparation of specifications for City Hall roof repair MOTION: Move to direct staff to enter into a contract with AAC Inc. to prepare specifications for City Hall roof repairs. 11) Authorize repair to the City Hall heating boiler MOTION: Move to approve the low bid of $5,800 fi.om Moorhead Machinery and Boiler for the replacement of all tubes in the City Hall heating boiler, and authorize the Mayor and City Manager to execute the contract for the same. City Council Agenda October 8, 2001 Page 3 of 5 12) Authorize purchase and installation of six public access catalog PC's at the Library MOTION: Move to purchase and to install hardware and software necessary to replace six public access catalog pcs at the Library from the Anoka County Library and through the Columbia Heights Information Systems Department based on available State and County contract prices and obtained quotes; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 13) Authorize fluorescent bulb disposal agreement with Xcel Energy MOTION: Move to authorize the Mayor and City Manager Mayor to enter into an agreement with Xcel Energy regarding the collection and disposal of fluorescent bulbs and reimbursement to the City for all expenses related to the residential component of the collection. 14) Establish Hearing Date regarding License Revocation or Suspension of Rental Properties at 1124-26 45th Avenue NE and 4544-46 Fillmore Street MOTION: Move to Establish a Heating Date of October 22, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Delanza Elliott at 1124-26-45th Avenue NE and Karolyn Erickson at 4544-46 Fillmore Street. 15) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 8, 2001 as presented. 16) Approve Payment of Bills MOTION: Move to approve payment of the bills, as listed, out of the proper fund. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations 1) Polish American Heritage Month 2) Domestic Violence Awareness Month B) Presentations C) Introduction 1) Steve Antus - Community Access Coordinator D) Recognition 1) Officer Mike McGee and Sgt. Val Dietz 2) Adopt Resolution 2001-63 being a Resolution recognizing the tragic events at the World Trade Center in New York City on September 1 I, 2001. o Option: Read the Resolution or, MOTION: Move to waive the reading of Resolution No. 2001-63, there being ample copies available to the public. MOTION: Move to adopt Resolution 2001-63, being a resolution recognizing the tragic events at the World Trade Center in New York City on September 11, 2001. PUBLIC HEARINGS A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 5248-50 Washington Street. MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Kimberly Wegner regarding rental property at 5248 Washington Street in that the proper~ is in compliance with the Residential Maintenance Code. City Council Agenda October 8, 2001 Page 4 of 5 B) Close the Public Heating for Revocation/Suspension of Rental Housing License at 3732 3~d Street MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Dale Frenzel regarding rental property at 3732 3ra Street in that the property is in compliance with the Residential Maintenance Code. c) Close the Public Heating for Revocation/Suspension of Rental Housing License at 4943-45 Jackson St. MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Scott Fakler regarding rental property at 4943-45 Jackson Street in that the property is in compliance with the Residential Maintenance Code. r)) Close the Public Heating for Revocation/Suspension of Rental Housing License at 1124-26 45th Avenue MOTION: Move to close the Public Heating regarding the Revocation or Suspension of the Rental License held by Haris Saihgai regarding rental property at 1124-26 45th Avenue in that the property is in compliance with the Residential Maintenance Code. E) Close the Public Heating for Revocation/Suspension of Rental Housing License at 1242-44 and 1248-50 Circle Terrace MOTION: Move to close the Public Heating regarding the Revocation or Suspension of the Rental License held by Gerald Janson regarding rental property at 1242-44 and 1248-50 Circle Terrace in that the property is in compliance with the Residential Maintenance Code. F) Close the Public Heating for Revocation/Suspension of Rental Housing License at 1266-68 Circle Terrace MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Jeraid Janson regarding rental property at 1266-68 Circle Terrace in that the property is in compliance with the Residential Maintenance Code. Close the Public Heating for Revocation/Suspension of Rental Housing Revocation at 4919 Jackson Street MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Michael Johnson regarding property at 4919 Jackson Street in that the property is in compliance with the Residential Maintenance Code. H) Rental Housing Revocation for 344 40th Avenue MOTION: Move to waive the reading of Resolution No. 2001- the public. , there being ample copies available to MOTION: Move to adopt Resolution No. 2001- , being a Resolution of the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code section 5A.408(I) of the Rental License held by John Gondek regarding property at 344 40th Avenue. o ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Adopt Resolution No. 2001-56, being a Resolution authorizing the purchase of 3718 Central Avenue MOTION: Move to waive the reading of Resolution No. 2001-56, there being ample copies available to the public. City Council Agenda October 8, 2001 Page 5 of 5 MOTION: Move to adopt Resolution 2001-56, being a Resolution authorizing the purchase of 3718 Central Avenue NE and utilizing Community Development Block Grant funds for the purchase. 2) Adopt Resolution No. 2001-57, being a Resolution authorizing the lot split of 4401 Quincy MOTION: Move to waive the reading of Resolution No. 2001-57, there being ample copies available to the public. MOTION: Move to adopt Resolution 2001-57, a resolution approving a lot split of the property at 4401 Quincy Street NE. 3) Second reading of Ordinance No. 1441, being an Ordinance amending Ordinance 853, City Code of 1977, eliminating taxicab licensing in Columbia Heights and setting requirements for taxicabs within the City. MOTION: Move to waive the reading of Ordinance No. 1441, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1441, being an Ordinance amending Ordinance 853, City Code of 1977, eliminating taxicab licensing in Columbia Heights and setting requirements for taxicabs within the City. B) Bid Considerations C) Other Business 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the October 2, 2001, Plarming and Zoning Commission 2) Meeting of the September 20, 2001 Telecommunications Commission 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes· Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. COUNCIL CORNER 12. ADJOURNMENT · F~hf,~C~TM~ager w /pvm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY cOUNCIL REGULAR COUNCIL MEETING SEPTEMBER 24, 2001 ,NOT. BEEN The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 24, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Mayor Peterson indicated that in the past Council meetings began with an invocation. Following a meeting with the City Manager and Lonny Titus, Chaplin for the House of Representatives regarding the legality and constitutionality of prayer at public meetings, Mayor Peterson stated the invocations wouM resume. He also met with the ministerial group of our community, who are excited to help by leading the invocations. Peterson indicated this was meant to brtng us back together . He referred to the President s speec asking for the unity and prayer of our nation. Mayor Peterson introduced Rev. Brutlag, of St. Matthews. INVOCATION-Rev. Keith Brutlag, St. Matthew Lutheran Church, 41 O1 Washington Street NE Reverend stated he is the leader of the clergy in Columbia Heights, where there is broad based support to take part in this process, as we serve the same people. Nawrocki indicated invocations ended when it was a problem getting clergy to come to the meetings, and his hope that this would be a success. Rev. Brutlag stated there are at least a dozen clergy who have indicated willingness to do this. l, gyckoff stated that she had questioned renewing the invocation because we are a diverse community and wanted every group represented. This issue was not discussed with her and she did not agree that in the absence ora clergy, a layperson could give the invocation. Theresa Craft, minister at Crest View, had suggested to Wyckoff that ifa clergy were not present, a moment of silence would be appropriate. Reverend Brutlag indicated he would be contacting the Mosque, hoping to obtain consent to have them represented as well. Peterson stated that Titus indicated the invocation should be non- denominational, non-issue and non-political. CALl, TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmembers Marlaine Szurek, Julierme Wyckoff, Bobby Williams, and Bruce Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA -None CONSENT AGENDA Peterson removed Item #5, Multi-housing Revenue Bonds. Nawrocki asked to have removed Items gq Calling for a Public Hearing HRA/EDA, and gq5 Establish Board of Appeals. City Manager Walt Fehst went through the remaining items. A) Motion by Nawrocki, second by Wyckoff, to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the September 10, 2001, regular City Council meeting as presented. City Council Minutes September 24, 2001 Page 2 of 19 2) Establish Work Session Meeting Date for Monday, October 1, 2001 beginning at 7:00 p.m. Motion to establish Work Session meeting date for Monday, October 1, 2001 beginning at 7:00 p.m. Fehst stated that Council had previously set a budget review meeting for October 15, 2001. Fehst listed proposed agenda items for the October 1, 2001 work session meeting: · League of Minnesota Cities Membership · Replacement of Library Public Access Catalog Terminals · Workers Compensation close out of prior years when we were self insured by the LMC · Modification of Tax Increment Financing Plan for housing redevelopment of District #1 · Purchase of 3718 Central - Von Heideman property. 3) Establish a hearing date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property at 344 40th Ave, 5248-5250 Washington Street, 3732 3~ Street, 4943-4945 Jackson Street, 1124-1126 45th Avenue, 1266-1268 Circle Terrace, 1242-1244 Circle Terrace, 1248-1250 Cimle Terrace, and 4919-4921 Jackson Street Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against John T. Gondek at 344 40th Avenue NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Kimberly Wegner at 5248-5250 Washington Street NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Dale Frenzel at 3732 3rd Street NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Scott Fakler at 4943-4945 Jackson St NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Haris Saihgal at 1124-1126 45th Avenue NE. Motion to Establish a Heating Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Jerald Janson at 1266-1268 Circle Terrace Boulevard NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Gerald Janson at 1244-1242, 1248-1250 Circle Terrace Blvd NE. Motion to Establish a Hearing Date of October 8, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Michael Johnson at 4919-4921 Jackson St NE. City Council Minutes September 24, 2001 Page 3 of 19 4) Adopt Resolution No. 2001-55, calling for a public heating date of October 22, 2001 for the modification of the Enabling Resolution to transfer Economic Development Authority activities to the Housing Redevelopment Authority - Removed 5) Adopt Resolution No. 2001-54, being a Resolution rati .fying and approving a housing program, authorizing the issuance, sale, and delivery of its multifamily housing revenue bonds (GNMA Collateralized Mortgage Loan - Crest View ONDC I Project), Series 200lA-1 and taxable series 200 l-A-2; Payable solely from revenues pledged pursuant to the indenture; and authorizing the issuance, sale and delivery of its mnltifamily housing revenue note (Crest View ONDC I Project), Subordinate series 200lB, payable solely from revenues pledged pursuant to a note agreement; approving the form of and authorizing the execution and delivery of the bonds and the note, and related documents; and providing for the security, rights, and remedies with respect to bonds and the note. Removed 6) Establish Board ofAppeals Removed 7) Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 24, 2001 as presented. 8) Approve Payment of Bills Motion to approve payment of the bills, as listed, out of the proper fund. Upon vote: all ayes. Motion carried. Item g4 - Adopt Resolution No. 2001-55, calling for a public hearing date of October 22, 2001 for the modification of the Enabling Resolution to transfer Economic Development Authority activities to the Housing Redevelopment Authority. Nawrocki stated his opposition to creating another board, as it is inefficient and would add to the expense of the City's operation. Motion by Williams, second by Szurek, to waive the reading of Resolution No. 2001-55, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek, to adopt Resolution 2001-55, being a resolution calling a Public Heating regarding modification of the Enabling Resolution for the Columbia Heights Economic Development Authority for Monday, October 22, 2001 at approximately 7:00 p.m. Wyckoff questioned ifa Council member would be required to step down from the Housing and Redevelopment Authority (HRA). Steve Bubul, of Kennedy and Graven, stated the HIM needs to look at complying with HUD requirements, and must offer a place on the Board to a resident of public housing. We can modify the size of the Board to an odd number by adding two members, or replace one member and stay attire members to accommodate this. Nawrocla' stated there is nothing in this resolution to expand the body. Bubul stated that the resolution is to modify the enabling resolution to transfer Economic Development Authority (EDA) activities to the HRA, as State law has been modified to accommodate this HUD regulation. The number of members would have to be faced following this decision in October. Nawrocki questioned how there was an HIM levy for four to five years, while there was no established HRA Board. Bubul stated the concept in creating the EDA was to administer all authority of the HILl and was given the power to authorize the Levy. City Council Minutes September 24, 2001 Page4of 19 Harold Hoium, 4315 5th, stated the location of the public hearing was not indicated. Peterson stated it would be in the City Council chamber. Upon vote: Ayes: Williams, Szurek, Wyckoff, Peterson. Nays: Nawrocki. 4 ayes, 1 nay, - Motion carried. RESOLUTION NO. 2001-55 RESOLUTION CALLING A PUBLIC HEARING REGARDING MODIFICATION OF THE ENABLING RESOLUTION FOR THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council of the City of Columbia Heights, Minnesota ("City") as follows: WHEREAS, the City Council established the Columbia Heights Economic Development Authority ("CHEDA") by Resolution No. 96-01 approved January 8, 1996 (the "Enabling Resolution"), pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (the "EDA Act"); and WHEREAS, the Council transferred to CHEDA the control, authority and operation of all projects and programs formerly owned and administered by the Housing and Redevelopment Authority in and for the City of Columbia Heights ("HRA"); and WHEREAS, the Council has determined to reallocate the respective powers of the HRA and CHEDA by ordinance, as authorized under Section 469.094, subdivision 1 of the EDA Act; and WHEREAS, the Council has on this date approved the first reading of an ordinance that generally allocates the powers related to low and moderate income housing to the HRA and powers related to economic development and redevelopment to CHEDA; and WHEREAS, the City desires to modify the Enabling Resolution in order to conform the EDA's powers to the limitations specified in the ordinance; and WHEREAS, the City is authorized to modify the Enabling Resolution after notice and public hearing as required for adoption of the original Enabling Resolution under the EDA Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: 1. The City Council will hold a public hearing regarding modification of the Enabling Resolution on Monday, October 22, 2001. 2. City staff and consultants are authorized to prepare a modification to the Enabling Resolution consistent with the ordinance described in this resolution, publish a notice of hearing in accordance with the EDA Act, and take all other actions necessary to bring the modification to the Enabling Resolution before the Council a the public hearing. Passed this 24th day of September 2001. Motion by: Second by: Roll Call: Williams Szurek Aye: Williams, Szurek, Wyckoff, Peterson Nay: Nawrocki Passed 4-1 City Council Minutes September 24, 2001 Page 5 of 19 Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson Item #5 - Adopt Resolution No. 2001-54, being a Resolution ratifying and approving a housing program, authorizing the issuance, sale, and delivery of its multifamily housing revenue bonds (GNMA Collateralized Mortgage Loan - Crest View ONDC I Project), Series 2001A-1 and taxable series 2001- A-2; Payable solely from revenues pledged pursuant to the indenture; and authorizing the issuance, sale and delivery of its multifamily housing revenue note (Crest View ONDC I Project), Subordinate series 2001 B, payable solely from revenues pledged pursuant to a note agreement; approving the form of and authorizing the execution and delivery of the bonds and the note, and related documents; and providing for the security, rights, and remedies with respect to bonds and the note. Bubul stated the request is for Bonds and Note for the Crest View 50 unit assisted living housing unit. The Bonds and the Note are to be revenue obligation of the City, not general obligations of the City. The taxingpower of the City is not pledged to the payment of the Bonds or the Note, and are payable solely from the revenues and property pledged. Bubul indicated the increase.from $5.2 million to $5.3 million on the bond and $200,000 increased to $400,000 on the Note. Both amounts are below the prior amount approved in public hearings. Nawrocla' questioned the different bond series, and authorization of the Mayor and City Manager to make changes. Bubul stated the maximum amount of $5.3 million could be split in a series, one tax exempt and one taxable. The $400,000 Note is a separate instrument to compensate part of the development fee. Bubul stated the Bonds can change in relatively small ways until the Bond closing, and is a common procedure, but they would not be allowed to go above the approved amount. Nawrocki asked who the trustee was. Bubul stated it is US Bank. Nawrocki asked why the appendixes are blank. Bubul stated these are for detailed information about the project and provided by the developer. Keith Jans, Real Estate Equities, gave a summary of the documents that will be attached. Nawrocki questioned the rents to be charged and how residents could afford to pay these rents. Jans stated the rates are affordable for assisted living. Nawrocki questioned blanks for the maximum construction price. Jans explained the HUD mandates which control this. Nawrocki questioned Riley Mortgage Group. Jans stated they are the lender on the mortgage. Nawrocld questioned why the City shouM facilitate this business to obtain funding. Fehst stated this would help make available affordable, assisted senior housing. Nawrocki asked how a senior citizen on a limited income could pay $1,750 in rent per month. Shirley Barnes, Crestview Corporation, stated that assisted living includes rent and services, and listed the services provided. 17 names are currently on the waiting list for this facility. There are grants available through Anoka County and the State, which help to pay for housing and services for people in need. One- third of the residents in their other facility, Royce Place, are in need of subsidy to live there. Wyckoff asked if the Crest View staff helps parties find these grants. Barnes indicated they are put in contact with the Anoka County Intake Director. Motion by Szurek, second by Williams, to waive the reading of Resolution No. 2001-54, there being ample copies available to the public. Harold Hoium requested a City representative read this document. Upon vote: Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson. Nayes - 0. Motion carried. City Council Minutes September 24, 2001 Page 6 of 19 Motion by Szurek, second by Williams, to adopt Resolution No. 2001-54, being a Resolution ratifying and approving a housing program, authorizing the issuance, sale, and delivery of its multifamily housing revenue bonds (GNMA Collateralized Mortgage Loan - Crest View ONDC I Project), Series 200 lA-1 and taxable series 200 l-A-2; Payable solely from revenues pledged pursuant to the indenture; and authorizing the issuance, sale and delivery of its multi family housing revenue note (Crest View ONDC I Project), Subordinate series 200lB, payable solely from revenues pledged pursuant to a note agreement; approving the form of and authorizing the execution and delivery of the bonds and the note, and related documents; and providing for the security, rights, and remedies with respect to bonds and the note. Harold Hoium requested the information be read to the public. Upon vote: Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson. Nayes - 0. Motion carried. RESOLUTION NO. 2001-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, RATIFYING AND APPROVING A HOUSING PROGRAM, AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE BONDS (GNMA COLLATERALIZED MORTGAGE LOAN-- CREST VIEW ONDC I PROJECT), SERIES 2001A-1 AND TAXABLE SERIES 2001A-2, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; AND AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE NOTE (CREST VIEW ONDC I PROJECT), SUBORDINATE SERIES 2001B, PAYABLE SOLEY FROM REVENUES PLEDGED PURSUANT TO A NOTE AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE NOTE AND RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS AND THE NOTE WHEREAS, the City of Columbia Heights, Minnesota (the "City"), is a home rule city and political subdivision duly organized and existing under its Charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds or other obligations to make a loan to finance a multifamily housing development, including the financing of the costs of the acquisition and preparation of a site and the construction of a new multifamily housing development for rental primarily to elderly persons; and WHEREAS, a multifamily housing development may consist of a multifamily housing development and a new health care facility iff (i) the multifamily housing development is designed and intended to be used for rental occupancy; (ii)the multifamily housing development is designed and intended to be used primarily by elderly or physically handicapped persons; and (iii) nursing, medical, personal care, and other health related assisted living services are available on a 24-hour basis in the development to the residents; and WHEREAS, in the issuance of its revenue bonds or obligations and in the making of a loan to finance a multifamily housing development the City may exercise, within its corporate limits, any of the powers that City Council Minutes September 24, 2001 Page 7 of 19 the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475, as amended; and WHEREAS, Crest View ONDC I, a Minnesota nonprofit corporation (the "Borrower"), has requested that the City issue its multifamily housing revenue bonds under the Act and lend the proceeds thereof to the Borrower to finance a multifamily housing development to be known as Crest View on 42nd and described as follows: (i) a 50-unit assisted living facility for occupancy by elderly persons comprised of forty-one (41) units of conventional assisted living units and nine (9) special care units; (ii) to be housed in a single three- story building of approximately 40,000 square feet; and (iii) to be located at 916-42nd Avenue N. E. in the City (the "Project"); and WHEREAS, the City has prepared a housing program (the "Housing Program" or "Program"), a copy of which is on file with the City, to authorize the issuance by the City of up to $6,250,000 in revenue bonds to finance the acquisition, construction, and equipping by the Borrower of the Project; and WHEREAS, the Housing Program was prepared and submitted to the Metropolitan Council for its review on February 1, 2001; and WHEREAS, following the publication of a notice (the "Public Notice") of a public hearing (in which a general, functional description of the Project was provided, as well as the maximum aggregate face amount of the obligations to be issued with respect to the Project, the identity of the initial owner, operator, or manager of the Project, and the location of the Project by street address) in a newspaper cimulating generally in the City at least fifteen (15) days before the regularly-scheduled meeting of the City Council of the City on February 26, 2001, the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Housing Program and the proposed issuance of the Bonds (as defined below), and the location and nature of the Project; and WHEREAS, the proceeds derived from the sale by the City of its Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan--Crest View ONDC I Project), Series 200lA-1 (the "Series A-1 Bonds"), and Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan~Crest View ONDC I Project), Taxable Series 2001A-2 (the "Series 2001A-2 Bonds", and collectively with the Series 200lA-1 Bonds, the "Bonds") to be issued to finance the Project will be loaned to the Borrower pursuant to the terms of a Financing Agreement, dated as of October 1,2001 (the "Financing Agreement"), between the City, the Borrower, Reilly Mortgage Group, Inc. (the "Lender"), and U.S. Bank Trust National Association, as trustee (the "Trustee"), whereby the City will apply the proceeds derived from the sale of the Bonds to fund a loan (the "Mortgage Loan") by the Lender to the Borrower, to be evidenced by a promissory note (the "Mortgage Note") of the Borrower, secured by a mortgage lien (the "Mortgage") on the Project and to be insured by the Federal Housing Administration ("FHA"), and upon endorsement of the Mortgage Loan by the FHA, the Lender is to issue and deliver to the Trustee, as security for the Bonds, a security (the "GNMA Security") issued by the Lender and guaranteed as to timely payment of principal and interest by the Government National Mortgage Association ("GNMA"); and WHEREAS, the Bonds will be issued under a Trust Indenture, dated as of October 1, 2001 (the "Indenture"), between the City and the Trustee, and the Bonds and the interest on the Bonds: (i) shall be payable solely from the revenues pledged therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Project and the Financing Agreement; and City Council Minutes September 24, 2001 Page 8 of 19 WHEREAS, the proceeds derived fi.om the sale by the City of its Multifamily Housing Revenue Note (Crest View ONDC I Project), Subordinate Series 200lB (the "Note"), to be issued to finance the Project will be loaned to the Borrower pursuant to the terms of a Note Agreement, dated as of October 1, 2001 (the ''Note Agreement"), between the City and the Borrower, and applied by the Borrower to the payment of certain costs of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: 1. The City acknowledges, finds, determines, and declares that the issuance of the Bonds and the Note is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds and the Note and the other actions of the City under the Indenture, the Financing Agreement, the Note Agreement, and this resolution constitute a public purpose and are in the best interests of the City. 2. The City understands that the Borrower will pay directly or through the City any and all costs incurred by the City in connection with the Program, whether or not the Project is completed, and whether or not the Bonds are issued. 3. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Bonds in one or more series in the maximum aggregate principal amount not to exceed $5,300,000. The Bonds shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in the form now on file with the City, with the amendments referenced herein. The City hereby authorizes the Bonds to be issued, in whole or in part, as "tax-exempt bonds" the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full fome and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the forms in the Indenture on file with the City, which forms are hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the aggregate principal amount of the Bonds, the stated maturities of the Bonds, the interest rates on the Bonds, the terms of redemption of the Bonds, and variation fi.om City policies regarding methods of offering conduit bonds) as the Mayor and the City Manager (the "Mayor" and "City Manager"), in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Bonds by the City shall be conclusive evidence of such determination. 4. The Bonds shall be special limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to the Financing Agreement, and other funds pledged pursuant to the Indenture. The City Council of the City hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the owners of the Bonds, the City and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, City Council Minutes September 24, 2001 Page 9 of 19 omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 5. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Indenture, the Financing Agreement, and the Bond Purchase Agreement, between the City, U.S. Bancorp Piper Jaffray Inc. (the "Underwriter"), and the Borrower (the "Bond Purchase Agreement"). All of the provisions of the Indenture, Financing Agreement, and Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full fome and effect from the date of execution and delivery thereof. The Indenture, Financing Agreement, and Bond Purchase Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 6. The Bonds shall be revenue obligations of the City the proceeds of which shall be disbursed pursuant to the terms of the Indenture and the Financing Agreement, and the principal, premium, and interest on the Bonds shall be payable solely from the proceeds of the Bonds, the revenues derived from the Financing Agreement, and the other sources set forth in the Indenture. 7. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 8. The Mayor and City Manager of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds and the Note, including the City Tax Certificate, the Tax Exemption Agreement, the Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Bonds and the Note. The City hereby approves the execution and delivery by the Trustee of the Indenture and all other instruments, certificates, and documents prepared in conjunction with the issuance of the Bonds and the Note that require execution by the Trustee. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving legal opinions with respect to the Bonds and the Note. 9. The City has not participated in the preparation of the Official Statement relating to the offer and sale of the Bonds (the "Official Statement"), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Bonds of the Official Statement, in the form on file with the City, and deems such Official Statement to be a "near final official statement" as of its date, as defined in Securities and Exchange Commission Rule 15c2-12. The Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Bonds. The City hereby approves the Continuing Disclosure Agreement, dated as of October 1, 2001 (the "Continuing Disclosure Agreement"), between the Borrower and the Trustee, in the form now on file with the City, and hereby authorizes the Trustee to execute and deliver the Continuing Disclosure Agreement. 10. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City City Council Minutes September 24, 2001 Page 10 of 19 Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that person's individual capacity, and neither the City Council of the City nor any officer or employee executing the Bonds or the Note shall be liable personally on the Bonds or the Note or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds, the Note, or in any other document relating to the Bonds or the Note, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Financing Agreement which are to be applied to the payment of the Bonds, as provided therein and in the Indenture, and other than funds and revenues derived from the Note Agreement which are to be applied to the payment of the Note, as provided therein. 11. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City, any holder of the Bonds, or any holder of the Note issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, and any holder from time to time of the Bonds or the Note issued under the provisions of this resolution. 12. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 4 hereof, or of the aforementioned documents, or of the Bonds or the Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, or of the Note, but this resolution, the aforementioned documents, and the Bonds and the Note shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 13. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 14. For the purpose of providing additional financing for the Project, the Note, to be dated as of October 1, 2001, is hereby authorized to be issued by the City in the original aggregate principal amount of not to exceed $400,000. The City hereby authorizes the Note to be issued, in whole or in part, as a "tax- exempt bond" the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. The Note shall be issued in one or more series, shall bear interest at such rate, shall be in such denomination, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the Note substantially in the form on file with the City on the date hereof, which is hereby approved, with such necessary variations, omissions, and insertions (including changes to the aggregate principal amount of the Note, the stated maturity of the Note, the interest rates on the Note, the terms of redemption of the Note, and City Council Minutes September 24, 2001 Page 11 of 19 variation from City policies regarding methods of offering conduit bonds) as the Mayor and the City Manager, in their discretion, shall determine. The execution of the Note with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Note by the City shall be conclusive evidence of such determination. 15. The proceeds derived from the sale of the Note are to be loaned to the Borrower pursuant to the terms of the Note Agreement. The Borrower is required to make loan repayments (the "Loan Repayments") under the Note Agreement on such dates and in such amounts to provide revenues sufficient to pay the principal of and interest on the Note when due. The Loan Repayments are to be assigned to the holders of the Note pursuant to the terms of an Assignment of Note Agreement, to be dated as of October 1, 2001 (the "Assignment"). The Mayor and City Manager are hereby authorized and directed to execute and deliver the Note, the Note Agreement, and the Assignment. All of the provisions of the Note, the Note Agreement, and the Assignment, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Note, the Note Agreement, and the Assignment shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 16. The Note shall be a revenue obligation of the City the proceeds of which shall be disbursed pursuant to the terms of the Note Agreement, and the principal, premium, and interest on the Note shall be payable solely from the proceeds of the Note and the revenues derived from the Note. Payment of the Note is expressly subordinated to the payment of the Bonds and the Note is not secured by any interest in the Project. The Note, when executed and delivered, shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Note and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Miunesota relating to the adoption of this resolution, to the issuance of the Note, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 17. The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds and the Note for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds and the Note, the aforementioned documents, and this resolution. In the event that for any reason the Mayor of the City is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council of the City shall be authorized to act in his capacity and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager of the City is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager of the City. 18. This resolution shall be in full force and effect from and after its passage. Adopted this 24th day of September 2001. Motion by: Second by: Roll Call: Szurek Williams Ayes: Williams, Szurek, Wyckoff, Nawrocki and Peterson Nayes: none City Council Minutes September 24, 2001 Page 12 of 19 Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk #6. Establish Board of Appeals Motion by Williams, second by Szurek, to approve the proposal to remove the Planning and Zoning Commission as the Board of Appeals, to be replaced by a non-political Board of Appeals, having a genuine interest in the community, knowledgeable in codes, zoning issues, maintenance issues, and knowledgeable in design and construction. Wyckoff stated this motion makes it sound like the Planning and Zoning Commission (P&Z) is being entirely removed. Hoeft explained that the City Code includes a Board of Appeals and which is the same as the P & Z. This request would begin the process to establish a non-political board, which would remove just those duties from the P & Z. Hoefi stated that the next step is to establish the group and then to bring forth an Ordinance establishing the Board of Appeals. Council requested the motion reflect this. Nawrocki felt there was no need to establish another board, as appeals should come before the City Council as the elected officials of the community. Hoeft stated the procedure is set by Code. Szurek relayed the one appeal she experienced in eleven years as a P & Z member and how upset the resident was that the same Board made decisions for both groups. Szurek stated the only other recourse for a resident is to take the matter to court. She felt establishing this Board would stop people from feeling that the P & Z has more authority than it should. There would be experts in established areas and the City Attorney sitting on this Board. Williams questioned what would happen if this non-political board made a bad decision. Peterson stated if it was a structural situation the Council could also make a bad decision that could cause a problem. Hoefl stated that this request came from the public. Nawrocki stated that with the same attorney giving advise to both groups, there may be the same problem. Fehst stated the proposed Board would consist of an engineer, an architect, a general contractor, a specialty contractor, and a layperson, which is part of the Uniform Building Code. This is considered a check on the viability of the building official. Peterson read the Board of Appeals section from the Building Code. Joyce Meier, 4931 Jackson, indicated the Building Official shouM not have autocratic rights. Harold Hoium commented that the Council does not receive reports from their Department of Welfare and Safety, as they should. Upon vote: Ayes: Williams, Szurek, Wyckoff, and Peterson. Nayes - Nawrocki. 4 -1. Motion carried. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclam~ions-none B) Present,ions School Based Partnership Grantprogram-Michelle Steichen Overby Chief Johnson introduced Michelle Steichen Overby, the 2000-2001 school year Research/Crime Analyst. He stated that a presentation of the results was also given to the School Board and they were pleased that we have safe and comfortable schools to send our kid to. Johnson indicated that Overby has put together a future plan to keep our schools safe. City Council Minutes September 24, 2001 Page 13 of 19 Overby gave an oral and visual summary presentation of her research on violence in our high schooL She gave statistics obtained through student and teacher surveys, a 2000 survey conducted by the Attorney General, and described the Non-violence Awareness Week activities she organized. Students requested that the Non-violence Week be held each year. Overby indicated that overall, students felt very safe in the high school. c) D) Introduction of New Employees -none Recognition Richard Hubbard - Retirement from Library Board after 11 years and 8 months Peterson announced the retirement of Richard Hubbard from the Library Board, stating he has been a very active and valuable member of the Library Board and the community. The Mayor presented Mr. Hubbard with an engraved clock. Hubbard thanked the Mayor, City Council, and City Manager for the opportunity to serve on this Board. He felt it was his duty, and every citizen's responsibility to serve their community. Becky Loader, Library Director, publicly thanked for him for being a loyal employee of the Library, and commented that in almost twelve years, Mr. Hubbard only missed two meetings. PUBLIC HEARINGS A) Rental Housing Revocation for 4643 Pierce Street Mayor Peterson closed the public hearing as the property has been brought into compliance with the Housing Maintenance Code. B) Approve Reallocation of CDBG Funds used to acquire and raze property at 4645 Monroe Street Tim Johnson, City Planner, stated this property was purchased with CDBG funds, and after reallocation of these funds the City will be able to pursue other uses for the property. Motion by Williams, second by Szurek, to approve the reallocation of Community Development Block Grant (CDBG) Funds that were used to acquire and raze property at 4656 Monroe Street NE, to be used for either commercial revitalization or housing rehabilitation activities. Nawrocki questioned if there is a specific alternative use for the money. Johnson suggested commercial revitalization, housing rehabilitation, senior housing or planning grants. Nawrocki suggested placing the funds in a land trust to promote affordable housing. The funds could require the beneficiary be a resident of Columbia Heights, and not only the first owner, but also subsequent owners would carry out the continuation of affordable housing. Upon vote: Ayes: Williams, Szurek, Wyckoff, Peterson. Nays: Nawrocki. 4 ayes, 1 nay, - Motion carried. Fehst suggested working with the County on a Land Trust Program. Mayor Peterson asked the government class students to come forward and introduce themselves. Five students came forward. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions City Council Minutes September 24, 2001 Page 14of19 1) Second Reading of Ordinance 1440, being an Ordinance pertaining to the Rezoning of certain properties located at 1529 37th Avenue NE and 1601 37th Avenue NE Johnson stated this involves the rezoning from residential to light business the properties occupied by the Johnson Hair Salon and Dave's Heating and Refrigeration. He stated that when the owner of the hair salon wanted to sell her property, the buyer couM not get commercial funding because the property was zoned residential. Council President Szurek called for the motions. Motion by Wyckoff, second by Williams, to waive the reading of Ordinance No. 1440, there being ample copies available to the public. Upon Vote: 4 ayes, 0 nayes, Peterson absent. Motion carried. Motion by Wyckoff, second by Williams, to adopt Ordinance No. 1440, being an Ordinance pertaining to the rezoning of certain properties located at 1529 37th Avenue NE and 1601 37th Avenue NE. Wyckoff asked if anyone has spoken to Mr. Roberts about parking issues. Johnson stated this was addressed at the P&Z meeting, but had not spoken to the owner. Williams stated that he had encouraged Roberts to purchase the salon property. Diane Neeb, 1529 37tn Avenue, (owner of the beauty salon.), stated this request for rezoning came as a result of being unable to sell theproperty because of the zoning. She stated that ever since she purchased the property she assumed it was zoned commercial, as the tax statement always listed it as commercial/industrial. Under the current City zoning she would only be allowed to sell to a tanning studio, nail studio or beauty shop. Mr. Roberts' comment to her was that he would be willing to go to a larger building. Neeb indicated herproperty is too small to sell as residential. Nawrocki spoke of parking and clutter problems at 1601 37th Avenue, and stated his reluctance to support changing the zoning until there is an effort to clean up the area and consider parking alternatives. Williams asked if the Mr. Roberts couM purchase Ms. Neeb 's property and put his business there with the new zoning. Hoeft stated that in an LB district, a case-by-case analysis would be required. Peterson stated these properties have been used commercially for at least 50years and he indicated that Ms. Nebb 's property has always been neat and clean. Harold Hoium stated this seemed to be spot rezoning. Peterson indicated it would not change the type of usage. Nawrocki requested to divide the motion. Hoefl indicated the Mayor could make the decision if the motion should be divided. Nawrocki indicated he would support rezoning the beauty shop property, but not the other property. Szurek stated that not rezoning the property would not solve the problem and that the owner realizes he has outgrown this property. Peterson stated that if the zoning were changed, Mr. Robert's would have the option to sell to a smaller business that needs less parking. Peterson indicated the motion would not be divided. Upon vote: Ayes: Williams, Szurek, Wyckoff, Peterson. Nays: Nawrocki. 4 ayes, 1 nay, - Motion carried. City Council Minutes September 24, 2001 Page 15 of 19 ORDINANCE NO. 1440 BEING AN ORDINANCE PERTAINING TO THE REZONING OF CERTAIN PROPERTY LOCATED AT 1529 37TM AVENUE NE AND 1601 37TM AVENUE NE Section 1: That certain property legally described as: The east 50 feet of Lot 3, Block 16, Auditor's Subdivision, of Walton's Sunny Acres 3rd, Anoka County, Minnesota; PIN # (36 30 24 34 0029); and That certain property legally described as: The east 26 feet of the west 56 feet of Lot 4, Block 7, Auditor's Subdivision, of Walton's Sunny Acres 3rd, Anoka County, Minnesota; PIN # (36 30 24 43 0042) Section 2: To authorize and direct staffto amend the official zoning map to reflect the change in zoning fi.om R-2, One and Two Family Residential District, to LB, Limited Business District, upon the effective date of said ordinance. Section 3: This ordinance shall be in full fome and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: September 10, 2001 September 24, 2001 September 24, 2001 Offered by: Szurek Seconded by: Williams Roll Call: Ayes: Williams, Szurek, Wyckoff, Peterson Nayes: Nawrocki Carried 4-1 Mayor GaryL. Peterson Patficia Muscovitz, Deputy City Clerk Mayor Peterson moved the Ordinance relating to Housing Authority Powers up to the next item on the agenda. 2) First Reading of Ordinance No. 1442 being an Ordinance relating to the division of Economic Development, Redevelopment and Housing Powers between the Economic Development Authority and the Housing and Redevelopment Authority Steve Bubul, Kennedy and Graven, described the original change of the Housing and Redevelopment Authority (HRA) to the Economic Development Authority (EDA) in 1996, and State Statute allowing the division of the powers of these boards. This division would reallocate powers so the EDA would have powers for development and redevelopment and Tax Increment housing and the HRA wouM focus on the Section 8 program and Public Housing. Motion by Williams, second by Wyckoff, to waive the reading of Ordinance No. 1442, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki requested a copy of State Statute Section 469 dealing with the HRA and EDA. Bubul asked that the second reading of the Ordinance be scheduled for October 22 to coincide with the Public Hearing of the related Resolution. Motion by Williams, second by Wyckoff, to establish a second reading for Ordinance No. 1442, being an Ordinance relating to the division of Economic Development, Redevelopment and Housing City Council Minutes September 24, 2001 Page 16 of 19 Powers between the Economic Development Authority and the Housing and Redevelopment Authority for Monday, October 22, beginning at approximately 7:00 p.m. Harold Hoium asked the location of this meeting. Peterson indicated it would be held in the Council Chambers. Hoium felt the City did not need more affordable housing, as there are Habitat homes currently standing empty. Fehst stated the HRA would mainly deal with Parkview Villa. Peterson stated there would be two Habitat homes dedicated on Saturday, September 29tn at 10:00 a.m., after which these homes will be occupied. Upon vote: Ayes: Williams, Szurek, Wyckoff, Peterson. Nays: Nawrocki. 4 ayes, 1 nay, - Motion carried. 3) First Reading of Ordinance No. 1441, being an Ordinance amending Ordinance 853, City Code of 1977 eliminating Taxicab licensing and setting requirements for Taxicabs within the City Motion by Williams, second by Wyckoff, to waive the reading of Ordinance No. 1441, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Wyckoff, to establish the second reading of Ordinance No. 1441, being an Ordinance amending Ordinance 853, City Code of 1977 Eliminating Taxicab Licensing in Columbia Heights and Setting Requirements for Taxicabs within the City, for Monday, October 8, 2001 beginning at approximately 7:00 p.m. Nawrocla' stated he was in favor of the concept, but was not sure the Ordinance with these deletions would stand, and asked who would enforce the operations of the Ordinance. Chief Johnson indicated it would be enforced following user complaints. He stated that the ordinance would allow any taxicab and taxicab driver that is licensed by any other political subdivision or the Minneapolis/St. Paul International Airport to be allowed to pick up and drop off passengers in our community. Chief Johnson stated that complaints called to 911 wouM be responded to. Williams called for the question. Upon vote: All ayes. Upon vote of the original motion: Ayes: Williams, Szurek, Wyckoff, Nawrocki, and Peterson. Nays 0. Motion carried. c) D) Bid Considerations Other Business 1) Auto World Car Show Peterson indicated the Auto World Car Show last Saturday from 3-7 showed wonderful cars and had excellent music. A local car club helped to organize and park cars, which resulted in cars being parked on park property. Peterson stated the group moved the cars when the error was realized and apologized. Nawrocki stated that he asked to have this on the agenda. He stated there were far more than two cars parked on park property. He questioned who authorized the event, as it did not come before Council, as did the Hyland Drive-in request, and closing the alley for a private purpose. Nawrocki indicated the event request was for the alley, not the streets and boulevards that were used. He stated the car show should have been held in a place where there wouM have been ample room. Williams felt the event was a promotion for the City. He read a letter from Jeff and Cher Bakken and their friends, which suggested inviting Reservoir Boulevard residents for a joint block party, and City Council Minutes September 24, 2001 Page 17of19 closing the car wash to parallel park in that area. Williams stated that we need more things like this in our community, to bring people in. Wyckoff congratulated him on his event, and stated that now both the Taste of Heights and the car show need to find a bigger space for their events. Sue Amundson, 3741 Reservoir Boulevard, stated the event was wonderful for the city, and the day before she called the Police Chief to see if the no parking signs could be covered. Her concern was that the event did not follow the verbal agreement made with the Police Department to take place in the alleyway. Amundson stated that cars were still parked on park property at 6:00p. m. She stated the music was too loud. Williams apologized to the Police Chief as they did park on the boulevard last year and should have included this in the permit, and stated that next year he wouM like to combine the event with a block party. Bruce Kelzenberg, Auto World employee, stated everyone had fun at the event, and considering recent national events, it is good to have some fun. Joni Herzog, Auto World Manager, stated this was the third year for the car show, with 23 cars the first year, 48 cars last year, 98 cars this year; and was more successful than could have been imagined. She stated it was a community event, and every resident and car owner got discounted food; the music was great, but ended at 7:00p. m. in consideration of the neighbors. She apologized for any parking on park property and stated the store would repair any damage to the area. Melissa Williams Crow, Auto World employee, thanked those who attended, and thanked Ms. Amundson for talking to the Police about bagging the street signs to allow parking. Peterson agreed there were issues to address prior to this event next year, but felt that it was a positive community event. ADMINISTRATIVE REPORTS A) Report of the City Manager-none B) Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the August 21, 2001, Housing and Redevelopment Authority 2) Meeting of the August 21, 2001, Economic Development Authority 3) Meeting of the September 4, 2001, Library Board of Trustees CITIZENS FORUM Peterson read a consolation telegram from the Mayor of Lomianki, Poland, regarding the national tragedy of September 11th in the United States. Szurek read a Canadian newspaper article by Gordon Sinclair. Linda Ballentine, 5230 4th Street, spoke about honesty in the September 24th Green Sheet (weekly staff report to Council). She stated that Mr. Elrite lied by saying he and Mr. Scott talked to her two different times. She stated that she called Elrite on September 12, but he did not return her call. She had a conversation with him on August 6 regarding lights. She indicated that the statement on the green sheet was false, and asked that someone look into this. L. Ballentine stated that Scott came to her to say he told someone to turn down his or her music. This is not a new problem. She stated she would no longer deal with Elrite or Scott. L. Ballentine asked Chief Johnson if CSOs are allowed to issue tickets. Chief City Council Minutes September 24, 2001 Page 18 of 19 Johnson indicated they could issue certain tickets regardingparking violations. Williams asked everyone to be more understanding in their communication, but felt it improper to accuse anyone of lying. Bill Elrite, Finance Director, stated the green sheet is for Council information, and the two conversations referred to include one by him and one by Mr. Scott. He stated that the conversation with Scott occurred on an evening when he was patrolling the alley and Ms. Ballentine came out from her garage stating the CSOs were not accomplishing their job. He stated that her comment was regarding what we would do about the loud noise from radios, and he said he had told one to quite down, but could not tell every loud radio to turn it down. Fehst stated lighting up the alley was to discourage wrong doing. He had a discussion with the owner of Galaxy about putting up a fence. Fehst stated that he appreciated Scott doing a great deal in a short time to deal with this. If the CSO did not observe one incident, it is unfortunate, but they have caught several and the word will get around. He discussed removing the port-a-potties, but IVawrocki wanted a survey as to how many people were using them. Wyckoff felt it is a dirty store and she wants the port-a-potties removed, and the store cleaned up or closed down. Williams referred to the employee of the liquor store, who spoke at the work session, who was thrilled about his job and felt the customers were his friends. Nawrocki stated that he hoped Ms. Ballentine would not disavow Mr. Scott and continue to work with him. He stated that he wants information and estimates on fencing for this area. If fenced, a surveillance camera at two points might be effective. Fehst clarified the location of the proposed fencing. Peterson stated that we are trying to do the best we can, and are issuing tickets. L. Ballentine again indicated the written statements were inaccurate. Joyce Meier& 4931 Jackson, questioned the City's civil defense program, and how Columbia Heights would handle germ warfare. COUNCIL CORNER Nawrocki stated everyone should take City business very seriously. Nawrocki stated that the City Council meeting was not being broadcast this past weekend on cable. Fehst stated he did see the meeting on local cable either Saturday or Sunday about 4:00pm. Nawrocki stated he has a conflict for the budget hearing on October 15, and asked that the meeting be changed to 5:00p.m. Williams indicated that the Library budget hearing had been changed to 6:00p.m. on October 2. Peterson stated that changing the October 15 meeting time would create a work conflict for him. Szurek suggested meeting at 8:00p. m., i. fall items could be covered by l O:30 p. m. Nawrocki suggested moving the meeting to Thursday, October 18, at 7:00p. m. Fehst stated that October 15 at 8:00 p.m. would work and items not covered could be added to another meeting. Nawrocki questioned the alley from 44th to 45th that needs to be fixed. Fehst stated that the patch needs to settle and will be fixed by the contractor. The contractor was to clean up the alley, but had forgotten. Nawrocki indicated he still has not received the Central Avenue project budget update. Fehst stated the Public Works Director is still working on it, and this will be discussed in the future. Nawrocki questioned how we would make up the MNDOT amount lost. Fehst explained the process. In the upcoming City newsletter, Nawrocki requested more space be allotted to emphasis on budget information and hearing dates. Fehst stated that more space has been allowed for such items. Nawrocki City Council Minutes September 24, 2001 Page 19of 19 stated that ifa Point of Sale ordinance is being considered this information and hearing dates shouM also be included in the newsletter. Nawrocki questioned unattended gas stations, like the proposal at Rainbow Foods, not having restroom facilities. Because of problerns at the liquor store, he felt it would made sense to require this. Szurek stated that we couM not make them put in restrooms, as there is no variance required. Williams spoke of terrorists and unattended gas stations. Nawrocki asked staff to look at this prior to the station being buiM and the problem being created. Nawrocki stated he would have the secretary copy and distribute information to Councilmembers from the Association of Metropolitan Municipalities. Nawrocki stated that Council is contractually obligated to do a review of the City Manager's performance, which shouM be done. Wyckoff stated the first meeting of the Historical Society wouM be Thursday, September 27, 6:30 p.m. at Murzyn Hall. Wyckoff stated that she was touched by all the calls she received concerning her position in the private sector, following the national tragedy. Szurek showed the cap she has, which is signed by the Captain of the ship "Iwojima ". Williams referred to this serious time in our country and world, and that we shouM be happy to be alive. He read a quote of "Important Words ". He asked that people pray for the peace and prosperity of our country. nd rd Peterson stated there wouM be a dedication of the two Habitat homes on 42 and 43 on Saturday morning at 10:00 a.m., and invited anyone interested in meeting our new residents to attend. Peterson referred to the national tragedy and asked that we don't let the little things bother us, and that we unite together. Mayor Peterson - Remember: don't take yourself too seriously, enjoy life, and do a random act of kindness! God bless America! ADJOURNMENT Mayor Peterson adjou_med the meeting at 11:25 p.m. Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: October 8, 2001 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: ~ ' A-'2- CITY MANAGER APPROVAL ITEM: 2002 League of MN Cities BY: Walt Fehst BY Membership Dues DATE: September 28, 2001 DATE: NO: Background: Attached is an Invoice from the League of Minnesota Cities for their annual 2002 Membership Dues, in the amount of $10,504.00. Recommended Motion: Move to authorize payment to the League of Minnesota Cities for 2001 membership dues in the amount of $10,504.00. COUNCIL ACTION: League of Minnesota Cities Cities building quarry commum'u'es through excelknce in governance, mana£ement and services to citizens Building quality. Communities City: Columbia Heights Population: 18,520 Membership Dues Invoice Effective dunng 2001-2_00_2 Cities with a pe~tion_ 249 OR LESS ............................................................................................................................. $262 250-4,999 ........................................................................... $91 PLUS _69.36 CliNTS PER CAPITA 5,000-9.999 ...................................................................... $724 PLUS ~6.68 CtiNT$ P_~R CAPITA 10,000-19,999 ............................................................... $1,566 PLUS 48.26 CENTS PER CAPITA 20,000-~9,999 ............................................................... $5,356 PLUS 29.31 C. F2qT.~ PEP, CAPITA 50,000-299,999 ............................................................. $15,856 PLUS 8.32 C£NT$ PEP. CAPITA 300,000 AND OVER ................................................... $26,727 PLUS 4.70 c'_E..1~1~.~ PF-R (l'hi~ udled~de adoptedJun~ l~. 2000. Total ,oum4~d to ,~are~ ~llar..) *in~ Pumtam to the &ir-h~ur~ rc~uiremmt, ofMiuu~ota St~mm 1996, Sr~io~ 6.76, fac p~opo~iouat~ amoral of d~ spout for lobbying Im~po~ i* 10.4%. AMOUNT DUE $10,5CH I declare uudc~ the pcnahlcs of law that d~e fin~.goi~g ~um b jmt ~d ~ ~ t~t no pan 8it ~ ~ ~. Annml due~ for me~mb~r~ip in $25 ~r s~ri~n, ~ to ~ fo~g s~: 249 or lms 250 - 4.~9 11 5,~ - 9,~9 15 10,~ - 19,999 20 20,0~ - 49,999 25 50,~0 - 299,~9 For ~¢r Mfo~a~n on Leagu~ of Minnesota Cit,e~ · 145 Ufiive,~/A~nue West · St. Paul, MN 55103-2044 · ('65~) 281-1200 O~ (800 925-1122 · www.lrnnc org T[3TRL P. 01 CITY COUNCIL LETTER Meeting of October 8, 2001 AGENDA SECTION: Consent ~_~ _ ~ _ 3 ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE .~. APPR?V.AL.: ~/ ITEM: Transfer of Funds from General Fund to Police BY: Thomas M. Johnston/~ NO Department Budget to Repay Overtime fund. DATE: October 1, 2001(j~x ~ ~ . BACKGROUND During the past three months the Police Department has been involved in off duty employment details that are handled through the department. These details were for security at Unique Thrift Store, Columbia Heights High School events, Immaculate Conception Fun Fest, and the Sununer Academy held at Columbia Heights High School. Since this type of offduty employment is handled through the department, officers have signed up and worked these details since July 10, 2001, and we have received checks fi.om the following entities: Unique Thrift Store in the amount of $2,413.32, Columbia Heights High School in the amount of $160.00, Immaculate Conception Fun Fast in the amount of $610.00, and the Summer Academy in the amount of $1,880.00. 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 $5,063.32 received from Unique Thrift Store, Columbia Heights High School, Immaculate Conception Fun Fest, and the Summer Academy to cover the cost of offduty officers working security at these locations be returned to the 2001 Police Department budget line 1020. RECOMMENDED MOTION: Move to transfer $5,063.32, the total amount received from Unique Thrift Store, Columbia Heights High School, Immaculate Conception Fun Fest, and the Summer Academy for offduty security worked, from the General Fund to the Police Department 2001 budget under line 1020, Police overtime. TMJ:mld 01-156 COUNCIL ACTION: City of Columbia Heights Police Department MEMO To: Chief Thomas Johnson~ From: Captain William J. Rodd~.~.l~~ Subject: Overtime Transfer Date: September 20, 2001 Attached is a list of the overtime received from July 10,2001 through September 20, 2001 from outside sources, that has been paid to CHPD for services of our personnel and has not yet been transferred to our overtime account. Columbia Heights Highschool INVOICE # DATE AMOUNT 010 04-02-01 $160.00 160.00 Unique Thrift INVOICE # DATE AMOUNT 019 07-09-01 800.00 021 08-16-01 1333.32 022 09-11-01 280.00 2413.32 Immaculate Conception Fun Fest INVOICE # DATE AMOUNT 020 08-16-01 610.00 610.00 Summer Academy INVOICE # DATE AMOUNT 018 07-09-01 1880.00 1880.00 Total Amount $5063.32 '~' ;" ~" '~;H SCHOOL '."" '~ *":'~' ~ ' EIGHTS · ;~OLUMBIA H HI STUDENT ACTIVITY FUND [400 49TH AVE. NE COLUMBIA HEIGHTS, MN 554Z1 ne Hundred Sixty Dollars & 00/100 Pay to: Cityof Columbia Hts DATE June 29, 2001 AMOUNT $160.00 Police Dept ~ ¥ ~' - z/ 559 Mill St NE ,// ~. ". ................. __~.~ Co~umb~a Hts MN 5~1 ._ - ........... ~',,~ ...... COLUMBIA HEIGHTS HIGH SCHOOL - STUDENT ACTIVITY FUND Date: June 29, 2001 ~eck~.,~. 12466 Columbia Heights High Sch Amount Invoice # P.O. :count Account fit Description J02-Jr Class 41 0 Officer for Sadie Hawkin 160.00 )ay To: City of Columbia Hts Total: Police Dept 559 Mill St NE Tax ID #: Columbia Hts, MN 55421 160.00 Address: 2201 37* AveNE, Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5280 (Andrea) Request for: Police Officers for:/o ~.v Fri. 6-01-01 1500-1900 Bo 4hrs. / Sat. 6-02-0t 1500-1900 Bo 4hrs. Fri. 6-08-01 1500-1900 Sch 4hrs. ~ Sat. 6-09-01 Noofficer Fri. 6-15-01 1500-1900 Ai 4hrs.~// Sat. 6-09-01 Noofficer Fri. 6-22-01 No officer , Sat. 6-22-01 No officer Fri. 6-29-01 1500-1900 Bo 4hrs. Sat. 6-30-01 Noofficer BILLING INFORMATION Number of Officers: 5 Hours: 20 Wage is $40. OO per hour. Total Due: $800.00 -, ~ . . ;~.~ .. *EIGH~-H~RED DOG~S ~"?;~i 5J~>. - . ' :.,¢-Cci~ City of Colu~ia Heights ORDER 559 Hz]! Street NE V~TO THE~ of~:Col~ Hgts Police Dept ~ORDER ~>559 Mi'll'~treet NE ~ Columbia Heights MN 55421 I~'ODSD:~ 2,' I:0q1~0088 2Sm:q?qSO~qll' AMOUNT_~-, ****'1,333.32' Nash Sales, Inc. INVOICE NO COMMENT 2001-022 AMOUNT 280.00 005083 DISCOUNT NET ~MOb~T .00 280.00 CHECK: 005083 09/14/01 City of Columbia Heights CHK TOTAL: 280.00 Nash Sales, Inc .~i~7 ~:~_:~::*~;.!3~7_CoPeA~;~.'E. -: ~ - - :~Maplewo0d; MN 55109 773-8077 .-. ' - :. ~D EIGH~ DOL~S ~ NO CE~S ~y · -.~ THE ORDER OF: City of Columbia Heights City of Col. Hgts Police Dept 559 Mill Street NE Columbia Heights MN 55421 005083 .... H~ritage'Ban-k - - = ' -: North St. Paul, MN 75-882-960 .. _...:. ? ~ -.. ,.-... _. DATE o9/14/ol AMOUNT ******'280.00' 1880.00 398057 CHECK NO. NORTHEAST METRO 916 EAST GRAND FORKS, M~6721 ***ONE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS ***& NO CENTS PAY TO THE ORDER OF: 7/20/01 $1,880.00 CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL ST NE COLUMBIA HEIGHTS MN 55421 CITY COUNCIL LETTER Meeti~ g of October 8, 2001 AGENDA SECTION: Consent [~ - A-t~ ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL:j..~,j ITEM: 2001-2002 Equipment Block Grant BY: Thomas M. Johnson ~ ) BY: NO DATE: Octoberl,2001C , DATE: BACKGROUND The Columbia Heights Police Department has been granted an equipment block grant by the U.S. Department of Justice in the amount of $22,698. In order to accept this grant, the City must agree to a match of $2,522. The department would like to use this money to pay for equipment we would normally not be able to afford. This would include miscellaneous training, computer equipment, squad car equipment, officer safety equipment, etc. ANALYSIS/CONCLUSION At the present time it appears there would be adequate funds available in the 2001 Police Department budget to cover the match. The grant will be available to us early in 2002. RECOMMENDED MOTION: Move to accept the 2001-2002 Federal law enforcement block grant in the amount of $22,698, with a 10 per cent match in the amount of $2,522 to come from the unexpended funds in the 2001 Police Department general budget. RECOMMENDED MOTION: Move to set October 22, 2001, as a public hearing date for review of the proposed use of the funds from this grant. TMJ:mld 01- 157 COUNCIL ACTION: ~ P.~t, Appl~¢~tion P~e I o£I Application was submitted on July 20, 2001 02:12:56 PM EDT. LLEBG FY 2001 Application Date Ca, fled: 20-JUL-Q1 i Dlt~ Sui~lllttl~: 20-JUL-O1 Jurisdiction Information Jurtadl~-floa: . Count: ,State: CDFA Numbe~. Columbia Heigt~ts C~ ANCKA MINNESOTA 16.592 Budget Information Eligible Award Amount: Final Award Amount: Matctt Amount: Matching Fund~ Deacription: $22.698 $22.598 $2.522 State and LoCal Government CEO Information Program Contact Information Title: Name Prefix: Last Name: ; First Name: Addrei~: [Telel3hona: i Fax: ~ 3 heights .mn .us Application Details hl'tne.//omnten;n ,,~r~n; ;nv~gfl(l~l/mtl; /||eho ma|n ann ~ac{ nn[vgn hoid=3&n action=orin 7/2§/01 U.S. Department of Justice Office of Justice Programs Bureau oJYustice :lss~stance Office of the Director ff/ashingron. D.C. 20531 July 28, 2001 Mr. Peter~on Mayor, Columbia Heights City 590 40th Ave. NE Columbia Heights, MN 55421-3878 Fiscal Year 2001 Local Law Enfomement Block Grants Program Dear Mr. ?eter~on: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2001 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $22,698 for Columbia Heights City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's State and Local Assistance Division at (202) 514-6638. In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. I look forward to a continuing partnership with Columbia Heights City in furtherance of this important criminal justice program. Sincerely yours, Richard H. Ward, III Acting Director Attachments U.S. Depar~nent of Justice Of Hce of Justice Programs QO~ce Jbr Civil Rights IVashington, D.C. 20531 July 28, 2001 Mr. Pcterson Mayor, Columbia Heights City 590 40th Ave. NE Columbia Heights, MN 55421-3878 De~ Grant Recipient: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R.. sec. 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to otter you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14. to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, $10 Seventh Street, N.W., Room 5107, Washington, D.C. 20531. Additional Instructions For Grantees Receiving $$00.000 Or More: in accordance with Assurance No. 15, each grant~ that receives $500,000 or more/or $l.000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address, i Alternatively, the =~rantee may choose to complete an SEeP Short Form, in lieu of sending its own comprehensive ESOP, and return it to OCR within 60 days of'the date of this letter. This easy-to-~'ollow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes an EEOP Short Form) will assist you in completing this requirement. PIease be reminded that the above requirements apply to primary grantees and to each of their subgrantees or contractors that meet the criteria outlined in this letter. Therefore, all primar~ grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or ESOP Short Forms directly to the Office for Civil Rights within 60 days of the date of'their award. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, g~antee must return applicable portion of Cetti~cation Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE ESOP [SA VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: Pursuant to Department of Justice regulations, each grantee that receives S25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, it'the grantee is awarded $1,000,000 in an eighteen (18) month period, it mus~ submit an acceptable EEOP to OCR.) Please complete the applicable section of'the attached Certification Form and return it to OCR. within 50 days of the date of'this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is r=quired; however, grantee must return applicable portion of Certification Form to OCR within 60 days. ~ [fyou have already submitted an EEOP as pan:of another award t¥om the Office of Jushce Programs IOJP) or ~h¢ Office of Community Oriented Policin§ S(:rvic=a ~COPS) within this gzan~ p~nod, or if you have c=rtified that no EEOP is r=quit=d, it is not nece~a~/for you to submit another at this dine. Simply s=nd a copy of'the letm' you r=c=ived from OCR showing that your ESOP or c=nification is acceptable. Additional Instructions For Grantees Receiving Under $25,000: A recipient of under S25.000 is not required to maintain or submit an Equal Employment Opportunity Plan {EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for .411 Grantees: In addition, all recipients, regardless of their type. the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or ~oups alleging discrimination by a recipient of OJP fimding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements.: If you have any questions, please call OCR at (202) 30%0690. Additional information and technical assistance on the civil fights obligations of grantees can be found at: http://www.ojp.usdoj.gov/ocr/. cc: Grant Manager Financial Analyst Sincerely, Michael L. Alston Acting Director, Office for Civil Rights The employment practice~ of certain Indian Tribes a~ not covered by Tide VII of the Civil Rights Act of 1964. 42 U.S.C. sec. 2000e. DEPARTMENT OF JUSTICE AWARD PAGE I CF 5 DEPARTMENT OF IUSTICE AWARD CONTINUATION SHEET SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and aCmmistranve mqmramenta set forth th the curr~nt edidon °£ the Office of Justice Programs (OJP) Financial Guide. 2. The recipient agrees to comply with the organizational audit raquirements of OMB Circular, A- 133. Audits o f Status, Local Governments anti Non-Profit Orgamzations. as Mrtber dascnbed in OJP's Financial Guide, Chapter 19. 3. The recipiem acknowledges that failure to submit an acceptable Equal Employment Oppormmty Plan (if mcip~ear is required to subm t one pursuant to 28 CFR 42.302) that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in mspension or rermthation of f~nding, until such dine as the recipient is in compliance. 4. The r~ciptant agrees that t~tieral f, ands under this awarti will be used .'o supplemem but not mpplant state or I°cal f~nds, pursuant to section 101(g) of H.P,. 728, 104th Cong. { 1995). 5. The r~ciplent shall submit °ne c°py °f all rep°tls and pmp°sed publicati°ns resultthg fi'°m this agreement twenty (20) days prior to public release. Any publications (written. visual, or sound), whether published at the mcipient's or government's expense, shall contain the following statement: (NOTE: This excludes press mleasas, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-LB-BX-2643 awarded by the Bur~a~ of Jushce Assistance. Office of Justice Programs. U.S. Department of Justice. Points of view in this document are those of the author and do not n~anssarily represent the official position or policies of the U.S. Department of Justice." 6. The recipient agr~s to provide in formaPon required for any national evaluation conducted bY the U.S. Deparcrnent °f Justice. 7. The reciplant agraas, if the f, unds am used for the hims and employing o f new, additional law anforcement °fficers and/or support personnel, as dascnbed in the applicable purpo~ area of Subpart A section 101 (a)(2) of H.R. 728, 104th Cong. (1995), that the recipient unit of local government will achieve a net gain in the number o flaw enfomem~nt officers who perform non-administrative public safety service. If ibc funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, tho unit of local govemmoat will establish procedures to give members of the Armed Forces who, on or after October l, 1990, were or are selected for involuntar7 separauon (as described in ruction 1141 of Title 10, United States Code), approved for separanon under section 1174a or I 175 of such title, or retired pursuant to the authori~ provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of I992 (division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preferenc~ in the employment of persons as additional law enforcera~nt officers or support personnel. O~'1) F~M 40~}/~ I RE,~V ~i?~} P--R a--~lOU S ~I~ITIONS-A RE OSSOL~'~E u.s. ~P^~'r o~ l~s'rlc~ AWARD CONTINUATION OF~C~ Or JUST~C~ .,O~,.~S SHEET PAGE 3 OF 5 SPECIAL CONDITIO~¥S CONTINUED ~. T'ne recipient agrees this award document consdrates :he obligati°n ° f federal t~ands f°r usc by thc recipient Ln ~xecution of the progrm"n or p~ojeot covered by :he award. Such obligation may be terminated without ~rthe~' cause if :he r~:ipient tails to at~Hrm its timely uti[izralon of:he award by accepnng the award and special conditions within 45 ca[endas days t¥om the date of award. 9, The r~cip~ent agrees to submit the Request ~or Drawdown via the Inrernet system within 90 calendar days fi-om the dam of award, or to have all f~n(ts deobligamd for ~dismbution dt~ng the next tbnding cycle. 10. The recipieot agrees to one 24 month obiigation a~d exbendirare period, as established at the appr°val °f thc Request t'or Drawdown, AH t~nds must be expendeo by the end oi"this 24 month period wid~ no exceptions. ti. The recipient is required to establish a trust ~nd accoant. This ~nd may not be used to day debts incun'~d bY °ther activities beyond the scope of the Local Law Enforcement Block Grants Program, The recipient also a~ees to obligate and expend the grant ~nds in the trust ~.nd (including any interest earned) during the 24 month period. Gnmt ~nds (including =ny interest earned) not expended, by the =nd of the 24 month period most be returned to file Bureau o£Justnce Assistance (BJA) by the end of the 27th month, along with the t~na[ submission of the Financial Status Report (SF-269A). 12, The recipient agtees t° submit °ne final pr°g~ss rep°rt via the [tuernet system at the end °f the 24 re°nth °bligati°n and exbend[ture pe~od, 13. The mcip[ent agtees, if funds are used by the recipieot °r subrecipient f°r enhancing security' that the recipient °r subreoipient - - ia) has an adequate process to assess the impact ofsuy enhancement ora school security measure that [s undertaken under subparagraph (B) of section 101 (a)(2}, on the incidence of crime in the geographic area where the enhancement is undertaken; (b) will conduct such an assessment with respect to each such enhancement; and, (c) will submit to the Bureau of Justice Assistance (BJA) an annual assessment report via the [mernet system, U.S. DEPAaTMENT OF JUSTICE AWARD CONTINUATION O~F~CE O~ Jus*r~CE .~o~a^~as SHEET PAGE 16. 17. SPECL4L CONDITIONS CONTINUED Thc recipient agrees :o comply with 23 CFR Part 23 if federal funds arc uscd to s~ppor~ Criminal Intelligence Systems. The r~cipient agrees to assist BJA in complying with the National Env~mnmantal Policy Act (NEPA) and other r~latad federal ~nvimnmental impact analyses requirements in the use of these grant funds, either directly by the reciptets or by a subrccipienc Acanrdthgly, prmr :o ohligaring grant funds, the recipient agrees to first determine if any of the following activities will be related to the use oftbe grant rituals. T~e recipient understands that this sp~:ial condition applies to its following n~w activities, whEtber or not they arc being spe~fically funded witb these grant fi~nds. That is, as long as the activity is being conducted by the r~:ipicnt, a subrccipicnt, or any thi~l party, anti the aotivity needs to be undertaken in order :o usc these =~rant funds, :his special condition must first be met. Thc ~:tivifics covered by this special condition are: 2. Minor renovation or remodeling ora pmpe~y either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any proposed use ora building or t'aoility that will either (a) result in a change in its basic prior use or (b) significantly change ~ts size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidantal component ora funded activity and lb) traditionally used. t'or example, in office, household, recreational, or educational environments. Application of This Special Condition to Recip[ent's Existing Programs or Activities: For any of the recipient's or its subre~pienfs existing programs or activities that will be fimded with these grant funds, the recipient, upon specific request from BJA, agrees to cooperate wit~ BJA in any preparation by BJA ora national or program environmental assessment of that funded program or activity, The recipient agrees to ensure that the State Intbnnanon Technology Point of Contact receives ~ten notification regarding any informauon technology project funded by this grant during the obligation and expenditure period. This is to facilitate communicauon among local and state governmental entities regarding various information technology projects being conducted with these grant funds. [n addition, the recipient agrees to maintain an administrative file documenting the meeting of this reqm~ment. For a list of State Information Technology Points of Contact, go to hrtp://www.ojp.usdoj .gov/ec/states.htm Thc r~ipient agrees to providc and expend a l0 percent cash match (calculated as h9 of the tbderal award amount) before the end of the 24 month obligation and expenditure period. The recipient is reminded that the matching funds are anditable under Special Condition =2 and will be binding to ~e recipient. u.s. OEe~eT~Er~T O~ mSTICE AWARD CONTINUATION OFFICE OF lUST[CE PROGRAMS SHEET 19. 20. 21. The recipient agrees that prior to the obligadan or expenditure of any LLEBG hinds, at least one ( 1 ) public hearing will be held regarding the proposed use{si of thc grant lands, The recipient must also provide verification ~ BJA, via :he Interact system, of :he public heanng. At the neanng, per, ns shall be given an opportunity to provide written and oral views to thc recipient on the pro[x)sed ase(3) of the ~'ant ~hnds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. Tho recipient may not request a ch'awdowa of funds until these requirements are met and the formal budget allocations are adopted by the recipient. Thc recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make nonbthalng recommendations on the use(s) of hands under the LLEBG Program. Membership on the advisory board must include a representative from the [blIowthg, though it may be broader: a) the local police department or sheriffs department; b) the local prosecutor's office; c) thc local court system; d) the local school system; and, e) a local nonprofit, educational, religious, or community group active tn crime prevention or dtug usc prevention or The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are: adopted by the recipient. The recapient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2001, Departments of Commerce, Jushce, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 106-553) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by section 1204 of Title [ of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and pro.,amata result ora personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better fevei of health insurance benefits at the time of retirement or separation as the officer received while on duty. if the recipient demonstrates noncompliance dunng the lite of the grant, l0 percent of the award amount mus~ be returned to BJA. The recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any Iocal jail. The recipient lhrther agrees not to subaward funds to local jails which operate "pay-to-stay" programs. OJP FORM .t0~O/2 (REV iS?) PREVIOUS EDITIONS ARE OBSOLETE CITY COUNCIL LE1-FER Meeting of: October 8, 2001 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER L~,~ /~-~- ASSESSING APPROVAL ITEM: ESTABLISH DATE FOR PUBLIC SPECIAL BY: JANE GLEASON BY: ASSESSMENT LEVY HEARING NO: DATE: 10-02-2001 The City Council has, on an annual basis, conducted a special assessment levy hearing in the month of November. Staff is recommending Tuesday, November 27, 2001 at 7:00 P.M. for Council's consideration. Or, an alternative date of Monday, November 19, 2001, at 7:00 P.M. for Council's consideration. RECOMMENDED MOTION: Move to establish Tuesday, November 27, 2001, at 7:00 P.M. as the Public Special Assessment Levy Hearing to be held in the City Council Chambers. ALTERNATE MOTION: Move to establish Monday, November 19,2001, at 7:00 P.M. as the Public Special Assessment Levy Hearing to be held in the City Council Chambers. calllevy.let COUNCIL ACTION: COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October $, 2001 AGENDA SECTION: I.-~ _ j~ ~ ~9 ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Resolution 2001-59, Modification of BY'. MarkNagel BY:~,'~,t~:"~J~ TIF District No. 1 DATE: September 28, 2001 BACKGROUND: On May 27, 1997, the Columbia Heights City Council approved a scattered site redevelopment TIF District to facilitate redevelopment of substandard single-family homes throughout the City in order to improve the City's housing stock, increase property values, and prevent the spread of blight. Tax increments fi.om the 56 properties listed in the District were to be used to finance land acquisition, demolition, relocation, and related development costs. During a meeting August 7th with Shelly Eldridge, Ehlers and Associates, reviewing progress in TIF District 1 and 2, it was determined that the City needs to show activity and any modifications need to be completed on each of the 56 parcels in the District by September 8, 2002, or they will be dropped from the District. This would reduce the potential TI]? revenue generated for the above purposes. Finally, all projected funds generated by the District need to be obligated by that date. Based on discussions with the Consultant and further analysis of Housing Redevelopment TIF District No.1, the following steps can be taken: 1) add 15 parcels to the District on which work is expected to take place prior to September 8, 2001 to increase the revenue stream; 2) Ehlers and Associates will complete a projection of funds that could be expended, then recovered over the remaining 21 years of the District based on the new TIF laws; 3) expend the projected funds for the purposes listed above within the District prior to the September 8, 2002 deadline; 4) decertify (if necessary) Housing Redevelopment District No. 2, the St. Tim's Senior Housing, as it unlikely there will be completion of any development prior to next September; and 5) any City funds that have been spent in the past 4 years on the 56 parcels, such as 4401 Quincy Street NE, can be reimbursed by the District and spent on other housing activities within the District. There is a lot of work to do to realize the goals when the District was set up and not much time to do it in, but accomplishment of the steps above will pay a nice dividend for the City Council and EDA's continuing efforts to upgrade housing in the City. The first step in the modifying Housing Redevelopment District No.1 is to call for a Public Hearing. A copy of the proposed Resolution Calling for tl}e Public Hearing and a timetable is attached for your information. RECOMMENDATION: Recommendation to Approve Resolution 2001-59, a resolution calling for a Public Hearing by the City Council for the proposed modification of Housing Redevelopment of IIF District No. 1. RECOMMENDED MOTION: Move to waive the reading of Resolution 2001-59, there being ample copies available to the public. RECOMMENDED MOTION: Move to Approve Resolution 2001-59, a resolution calling for a Public Hearing by the City Council on the proposed adoption of a modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and the proposed modification of Housing Redevelopment Tax Increment Financing District No. 1, therein and the adoption of the modified plans therefore. Attachments COUNCIL ACTION: RESOLUTION NO. 2001-59 BEING A RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND THE PROPOSED MODIFICATION OF HOUSING REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 1 THEREIN AND THE ADOPTION OF THE MODIFIED PLANS THEREFORE. BE IT RESOLVED by the City Council (the "Council") for the City of Columbia Heights, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on December 17, at approximately 7:00 P.M., to hold a public heating on the proposed adoption of a Modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project, the proposed adoption of a Modification to Housing Redevelopment Tax Increment Financing District No. 1, (a redevelopment district), and the proposed adoption of the Modified Plan therefor, all pursuant to and in accordance with Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Heating, Filing of the Modified Plans. City staff is authorized and directed to work with Ehlers and Associates, Inc., to prepare the Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the Modification to the Tax Increment Financing Plan for Modification to Housing Redevelopment Tax Increment Financing District No. 1, and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 13. The Deputy Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than I0, nor more than 30, days prior to December 17, and to place a copy of the Modified Plans on file in the Deputy Clerk's office at City Hall and to make such copy available for inspection by the public. Passed this day of October, 2001 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk SCHEDULE OF EVENTS COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF COLUMBIA HEIGHTS FOR THE MODIFICATION OF THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR HOUSING REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO. 1 (a redevelopment district) As of September 19~ 2001 October 8, 2001 City Council calls for public hearing on the modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the modification to the Tax Increment Financing Plan for Housing Redevelopment Tax Increment Financing District No. 1. October 10, 2001 Project information, property identification numbers, and maps sent to Ehlers and Associates for drafiing documentation. October 26, 2001 Project information submitted to the County Board for review of county road impacts (at least 45 days prior to public heating). October 30, 2001 Letter received by County Comrmssioner giving notice of potential redevelopment tax increment financing district (at least 30 days prior to publication of public hearing notice). November 9, 2001 Fiscal/economic implications received by School District and County Board (at least 30 days prior to public hearing). November 20, 2001 EDA/HRA approves the Modified Plans. November 20, 2001 Ehlers confirms with the City whether building permits have been issued on the property to be included in the TIF District. November 29, 2001 Date of publication of heating notice and map (at least 10 days but not more than 30 days prior to heating). [Focus News publication deadline Friday, November 23, 2001] December 4, 2001 Planning Commission finds Modified Plans to be in compliance with City's comprehensive plan. December 10, 2001 City Council holds public hearing on the modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the modification to the Tax Increment Financing Plan for Housing Redevelopment Tax Increment Financing District No. 1, and passes resolution approving the Modified Plans. [Council packet information sent by December 3, 2001] January 31, 2002 Ehlers certifies Modified Plans with county and state. *The TIF Plan was forwarded to the County 45 days prior to the public hearing. The County Board, by law, has 45 days to review the plan to determine if any county roads will be impacted by the development. Please be aware that the County Board could claim that tax increment should be used for county roads, even after the public hearing. EHLERS ASSOCIATES INC CITY COUNCIL LETTER Council Meeting of: October 8, 2001 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: ~-//~' -1 FINAN.C.~E~,/~.~4~~ APPROVAb.~. , ITEM: L MCIT Workers' Compensation Retro BY: WILLIAM E LRITE BY: ~'~/d"~~ Close-Out Option DATE: 09/26/01 DATE: In approximately 1984 the City began purchasing workers' compensation insurance through the League of Minnesota Cities Insurance Trust (LMCIT) under their Retro Refund Workers' Compensation Insurance program. Under this plan, the City paid an optional premium that was considerably less than the standard premium with an agreement that we would reimburse the LMCIT for all workers' compensation claims and expenses up to a maximum cap not to exceed 130% of what the normal standard premium would be. Although this type of insurance was promoted by the LMCIT as being a good potential cost savings for cities, in several years we did exceed the normal standard premium and top out at the 130% maximum. At the present time we still have six open years under this plan. The total potential cost under this plan, if all years max out at the 130% would be $485,546. The LMCIT is now offering an option to buy out this extended liability and close all of these years for a total of $14,653. In comparison to the total potential liability, this is an excellent buy. The offset to this is that if no further claims materialize and no further expenditures are made by the LMCIT, we would see no further expense and the net result would be the savings of the $14,653 that it cost to buy out the ongoing liability. In essence, by buying this out as a close-out at this time we are gambling $14,653 against a potential liability of $485,546. In reviewing this and the open claims with Linda Magee, Human Resources Director, Walt Fehst, City Manager, and our insurance agent, we feel that it is in the best interest of the City to buy all of these years out under the retro close-out option being offered by the LMCIT. RECOMMENDED MOTION: Move to authorize the close-out of all open retro workers' compensation years with the League of Minnesota Cities Insurance Trust at a cost not to exceed $14,653. WE:sms 0109261COUNCIL Attachment COUNCIL ACTION: September 12, 2001 William Elrite City of Columbia Heights 590 40m Ave. Columbia Heights, MN 55421 RE: LMCIT Retrospective Premium Plan Dear Bill: Recently you received a letter from the LMCIT on the cost of choosing a retro close out option adjustment by specific policy year. The illustration did not include the following years due to these reasons: 2/13/87-2/13/88: Premium paid previously is the maximum charge. 2/13/90-2/13/91: ........ 1/1/94-1 / 1/95: Retro close out option chosen previously. 1/1/95-1/1/96: Premium paid previously is the maximum charge. 1 / 1/96-1 / 1/97: Payments of $114,396 nearly at $119,882 maximum premium. The close out charge is a primarily the total incurred losses (paid and reserves) multiplied by a percentage charge that decreases with the age of the policy. This decreasing percentage represents the maturity of the claims experience. An example is the 2/13/93-2/13/94 policy year with $6,186 total incurred losses. You have paid $67,297 premium, versus a potential $182,412 maximum premium. The retro close out option charge is $832. The LMCIT is asking for a response prior to September 28, 2001. You have the choice of choosing which policy years the LMCIT is to close out, if any. Please call if you have any questions. Sincerely, Carl A. Bennetsen 09/27~01 11:47 FAX 612 376 4281 BERKLEY RISK ADMIN, 09/27/01 Mr. William Elrite The City of CoLumbia Heights 590 40th Ave. Columbia Heights, MN 55421 Dear Mr. Elrite: Enclosed is your workers' compensation retro close-out adjustments selected under the optional Retrospective Premium Plan. The close-out adjustments indicate an amount due to the LMCIT for $14,6.53.00. Please send your payment in the enclosed envelope to reach our office prior to October 27, 2001. Upon receipt of your payment, we'll issue an endorsement for each year you requested closed, specifying that no further premium adjustments will be made for these policy years. If you have any questions, please contact me at (612) 288-2732. Sincerely, Berkley Risk Administrators Company Dan Vaith Accountant cc: LMCIT Gallagher - Cad Bennetson AN EQUAL OP~ORTU N ITYI/~qRMATTVI3 ACTION EMPLOY~ 09/27~01 11:47 FAX 612 376 4281 BERKLE¥ RISK ADMIN. ~ooa ~o.e: (65D 281-~2~ ' (~) 925-H~ ~D (651) 281-12~ ~C F~: (651) ~1-12~ · ~Cff F~: (651) 281-t2~ Wc~ ~i~: ~ttp:l/~.lmnc.org RETRO CLOSE-OUT OPTION 09127101 The City of Columbia Heights League of Minnesota Cities Insurance Trust Recap of retro close-out option adjustments by years selected Polioy Year 2-13~6 to 2-13-87 2-13-88 to 2-13-89 2-13-89 to 2-13-90 2-13-91 to 2-13-92 2-13-92 to 2-13-93 $59,164 2-13-93 to 2-13-94 $6,186 Net Balance Due to the LMClT 2-386 $23,834 x 0% ~ $0 $57,533 x 3% = $1,726 $46,163 x 5% -- $2,308 $29,806 x 9% = $3,279 x 11% ~- $6,508 $213 x 13% = $832 $14,653 AN EQUAl. OWl~OItTUNII~/AliI RMATIVE ACTION EMI~LOyEIi CITY COUNCIL LETTER Meeting of: 10/8/01 AGENDA SECTION: CONSENT AGENDA L~ ~/~ ~ ~ ORIGINATING DEPARTMENT: CITY MANAGER~c NO: PUBLIC WORKS ITEM: AUTHORIZATION FOR FINAL PAYMENT FOP, BY: K. I-Ianse~) BY: CITY SEAL COATING, CITY PROJECT 0101 DATE: 10/1/0~ DATE: Background: The Contractor has completed the 2001 Seal Coat Program. The work consisted of seal coating Zone 5 streets not included in the rehabilitation program, and one parking lot. Both the 1 st and 2na rounds of sweeping have been done. The final contract amount is 5% greater than the original bid because more material was used than estimated on the bid form. Analysis/Conclusions: Staffis recommending approval of final payment to Allied Blacktop Company and final acceptance of the work. A copy of the Engineer's Acceptance Report and payment voucher is attached. Recommended Motion: Move to accept the work for 2001 Seal Coat Program, City Project 0101 and authorize final payment of $49,160.04 to Allied Blacktop Company of Maple Grove, Minnesota. Attachments: Location List Engineer's Acceptance Report Payment Voucher COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS SEAL COAT LOCATION LIST 4TM STREET (44th to 48th Avenues) 5TM STREET (44th to 48th Avenues) 6TM STREET (47th to 48th Avenues) 7TM STREET (44th to 47th Avenues) WASHINGTON STREET (44th to 47th Avenues) MADISON STREET (44th Avenue to Cul-de-sac north of 45th Avenue) MONROE STREET (45th to 46th Avenues) 45TM AVENUE (5th Street to Monroe Street) 46TM AVENUE (University Avenue Service Drive to Monroe Street) 46½ AVENUE (Jefferson to Monroe Streets) 47TM AVENUE (University Avenue Service Drive to Jefferson Street) 48TM AVENUE (University Avenue Service Drive to Washington Street and Jefferson to Monroe Streets) 5l CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2001 SEAL COAT PROGRAbl CITY PROJECT NUMBER 0101 October 4, 2001 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Allied Blacktop Company. The work consisted of seal coating bituminous streets in Zone 5 and one parking lot. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT $ 46,884.50 $ 2~275.54 $ 49,160.04 FINAL WORK APPROVED ALL PRIOR PAYMENTS $ 49,160.04 ($ o.oo BALANCE DUE $ 49,160.04 Sincerely, City Engineer ESTIMATE NO. DATE: PERIOD ENDING: CONTRACT: PROJECT NO. TO: CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER 1 (FINAL) September 17, 2001 September 14, 2001 2001 Seal Coat Program 0101 ALLIED BLACKTOP CO. 10503 89th Avenue North Maple Grove, MN 55369 (763) 425-0575 B. C. D. E. F. G. H. $46,884.50 Original Contract Amount ............................................................................................................. $2,275.54 Total Addition Total Deduction ................................................................................................................................................. $0.00 $49,160.04 TOTAL CONTRACT AMOUNT ................................................................................................... TOTAL VALUE OF WORK TO DATE ..................................................................................... $49,160.04 LESS RETAINED $0.00 Previous Payment(s) $0.00 TOTAL APPROVED FOR PAYMENT THIS VOUCHER $49,160.04 TOTAL PAYMENTS INCLUDING THIS VOUCHER ................................................... $49,160.04 APPROVALS Pursuant to our field observational I hereby recommend for payment the above stated amount for work perf_ori~led thr°u~h September 14, 2001. Signed by: //~/- ~'h~'.L.'~[~'~~-~1 ~,~ ~ Kev n~aCsen, ~ W~rks Direc~r Date Signed by: P~ ~ ~ ~,~ ~ ~,~ ALLIED BLACKTOP CO. Date ~ CITY COUNCIL LETTER Meeting of: 10/8/01 No:AGENDA SECTION: CONSENT AGENDA L~ /~-~ PUBLIC WORKsORIGINATING DEPARTMENT: CITY MANAGER~)~,, ITEM: APPROVAL OF CHANGE ORDER NO. 1 FOR BY: K. Hansen~ BY: ZONE 5 STREET REHABILITATION PROGRAM DATE: 10/1/01x'~ DATE: Background: The condition of the trunk sanitary sewer system throughout the Zone 5 project area was discussed with the City Council at the work session on May 21, 2001. At the May 29t~ regular meeting, the City Council authorized the addition of replacing 600 feet of 15 inch reinforced concrete pipe (RCP) on 45 Avenue N.E. from Umvers~ty Avenue Service Drive to 5 Street to the Zone 5 project work. The proposed work involved the removing and replacing of the sanitary sewer line in-place. During plan preparation, an unusually high number of utilities were found to be located in this section of 45~ Avenue, including an MWCC sanitary sewer interceptor line, a Minneapolis Trunk Water line, a major Qwest telephone line and vault, and a high pressure gas line. The existence of multiple underground utility lines limited the options to remove and replace this line in the boulevard. Upon further review with the utility companies and the contractor, staff is proposing to replace only the sagged/settled section of pipe at 4t~ Street and then line the entire pipe segment from University Avenue Service Drive to 5~ Street. Analysis/Conclusions: Staff requested the Zone 5 contractor, Palda and Sons to provide an estimate to for the removal and replacement work. The estimated cost to remove and replace 165' of pipe and street restoration, is $23,863.80. Change Order No. 1 also provides a 25 working day extension to the contract due to Rehant Energy s gas mare and serv~c work causing a delay in the start of work by the Zone 5 Contractor. As a consequence of not replacing the entire segment of pipe, staff is also recommending to add the entire section of 15 inch pipe to the sanitary sewer relining project, currently advertised for bid, under a separate project. This would address the inspected condition of cracked pipe and root in~asions. Recommended Motion: Move to authorize Change Order No 1, Addition of the 45t~ Avenue Sanitary Sewer Repair to the Zone 5 Street Rehabilitation, City Project 0102, to Palda and Sons, Inc. of St Paul, Minnesota, in the amount of $23,863.80, from the Sanitary Sewer Utility Fund, 652-50102-5130. Recommended Motion: Move to authorize the addition of sewer lining of 600 feet of 15 inch RCP pipe on 45t~ Avenue from the University Service drive to 5~ Street, to the 2001 Sanitary Sewer Lining projects, 0103 & 0104. Attachment: Change Order 1 COUNCIL ACTION: CHANGE ORDER NO. 1 Project: 2001 Strget Rehabilitation City Project: 0102 Owner: Contractor: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Palda and Sons, Inc. 1462 Dayton Avenue St Paul, MN 55104 Date of Issuance: Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: Replace 15" RCP sanitary sewer on 45th Avenue NE, from 85' west of 4th Street to 30' east of 4m Street. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $1,188,597.83 September 28, 2001 Previous Change Orders No. to No. Net Change from Previous Change Order: None None Contract Price Prior to this Change Order: Contract Time Prior to this Change Order: $1,188,597.83 September 28, 2001 Net Increase of this Change Order: Net Increase (Decrease) of Change Order: $ 23,863.80 25 Working Days Contract Time with Approved Change Orders: November 2, 2001 Approved Contract Price with all Approved Change Orders: $ 1,212,461.63 Rec°7 de-d By: ~'G,~'~ ~ (Cfiy/Engir~)~ By: (Contractor) Approved By: Approved By: Date of Council Action: Gary Peterson, Mayor Walter Fehst, City Manager Attachment to Change Order No. 1 City Project 0102 Owner: Contractor: Project: City of Columbia Heights Palda and Sons, Inc. 2001 Street Rehabilitation CHANGE IN CONTRACT PRICE Description of Changes: Replace Sanitary Sewer on 45th Avenue, 85' West to 30' East of 4th Street. No. Item Description Unit Quantity 1 Remove concrete curb and gutter L.F. 100 $ 2.00 $ 200.00 2 Remove concrete walk S.F. 322 $ 0.55 $ 177.10 3 Remove bituminous pavement S.Y. 83 $ 2.60 $ 215.80 4 Remove 15" sanitary sewer L.F. 115 $ 6.00 $ 690.00 5 Sawcut concrete L.F. 20 $ 5.00 $ 100.00 6 Sawcutbituminous L.F. 75 $ 3.00 $ 225.00 7 15" RCP sanitary sewer L.F. 115 $130.46 $15,002.90 8 Reconstruct manhole invert & bench L.S. 1 $ 600.00 $ 600.00 9 Aggregate base class 5 Ton 49 $ 17.50 $ 857.50 10 Patch bituminous street S.Y. 83 $ 33.00 $ 2,739.00 11 Tackcoat Gal. 7 $ 5.00 $ 35.00 12 Concrete curb and gutter-S512 L.F. 100 $ 16.00 $ 1,600.00 13 Concrete walk S.F. 322 $ 3.25 $ 1,046.50 14 Sod with topsoil S.Y. 125 $ 3.00 $ 375.00 Unit Price Estimated Amount TOTAL INCREASE OF CHANGE ORDER 1 $ 23,863.80 CHANGE IN CONTRACT TIME The extension in contract time compensates for the delay in starting the project caused by Reliant Energy and this additional work. TOTAL INCREASE OF CHANGE ORDER 1 25 WORKING DAYS COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: October 8, 2001 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: 4-A- 10 CITY MANAGER APPROVAL ITEM: City Hall Roof Repair BY: Walt Fehst NO: DATE: September 27, 2001 DATE: Background: Attached is the Columbia Heights City Hall Roof Report from AAC, Inc. This is the same consultant who spec'd the Library roof and was able to get us $15,000 for hail damage recognition on Murzyn Hall fi.om the LMC. The report includes a recommendation for a combination of repairs and renovation work. Analysis: Over the past five years, City Hall has continued to leak in certain areas despite repeated attempts to patch the problem. Bill Holman of AAC, Inc. indicates that Section G over the Police Department needs total replacement at a cost of $53,000, and that Section A over the Finance Department needs restoration at a cost of $18,500. He is recommending that those two areas be completed this year. Not included in the cost is disconnecting and connecting of equipment on the roof, though it could possibly include movement of equipment in order to complete the repair to the roof. Bill Elrite is reviewing the budget to see if we could possibly complete some of this work this year. The remaining sections of the roof could be done within 2-3 years to get an additional 10-12 years of life out of the roof. If no action is taken, I am told t~nsile strength is lost, and it would be too late to restore the roof for another 10-12 years. We will also be considering replacement of HVAC if it is too old. We will be asking Honeywell to consider this. Obviously, new HVAC would have a warranty, be more efficient, and could reduce our regular O & M. Recommendation: To direct staff to enter into contract with Bill Hollman of AAC Inc. to prepare specifications for roof repairs and supervise construction for $3,000, as per attached report. This would include alternate specifications for restoration and for replacement of all sections of the roof. COUNCIL ACTION: October 5.2001 Civl of Columbia Heights Waiter R. Fet~t- City Maria/let'. 590 40~ Ave NE Columbia Height~, MbI 55421 Dear Mr. Fchst, We prop°se' to complete the following for ,, sum of 3.000 00. Write Specificatiott Couduct a pre-bid conference with qualified contractors We will review the specifications and answer all questions about the project Inspect the projea ~s it p~osresses to assure compliance to the specifications We will be available to talk to anyone that has a concern with the project. I appreciate this opportunity to serve your roofmenagement needs If there are any questions, pie:se contact me Sincerely, RonatdC Hommerding, AIA AAC, INC. 6449 Lyndale Avenue South, Suite 103 · Minneapolis, Minnesota 55423 · (612) 866-3602 City of Columbia Heights Walter R. Fehst City Manager 590 40a Avenue N.E. Columbia I-Ieight~, MN 55421 This is to eordlrm our recent infix'ed sutwey of the City Hail, Police, and Fire Station. As per y-our request please find enclosed report on oonditions present and our recommendations for omrective repah~, CONDITIONS PlkESENT: The composition of your roo~n~ system is a c, oma'ete deck, two layers of fiberboard insulation, four plies of asphalt and 15~ felt, with a flood coat of asphalt and embedded gravel. The flood coat is quite brittle in all area (especially area A and G). The fln-~hin~ OD all Iffeas whore il~ aood of rfipairs via craz° g~- -e~'ing al~d Area A- has two wet areas and ponding water. Aren E- b~ically is in fair condition Area F. Has ponding area and flashing tl~t needs ~'mrtkcing. The inside ofthe wall in area G is in very po~ repah'. The meUtl coping cap is also in poor repair throughout. The wall in area B is stained from the rust at the lap joints in area B. RECOIvtlViENDATIONS: With the exception of area O your roofk are candidates for restoration rather than replacement, Restoration does no~ increase your R-value but will extem the life of your roof 10-12 years. Area O should be s~heduled for replacement as soon as bud~ts allow. Tim tensile st~e,_gth is weak in area O making re~tora~on hnpra~cal. Area A has two wet m that must be removed and install a new roofln those ~ ~ ~ ~ ~ 1. V~cuum loose {F'avel and d~ris offofthe roofdowu to & cie, au sutikc~ with embedded ouly. . 2. Repair all weak areas of roof reinforcin8 these areas with tw° layer of nylon mesh mud a high 3. Remove metal counter fl hina mi ren ,ge the tla hiag usia8 two kyat of fiba la co~od with nylon ~et into a ~ quality elasmmeric cement. Coat flashi~ with a hiSh qu ity - um[ um 4. Resurfiu~ the roof mat with hot modified asphalt at a ra~e of 60-65 # Per 100 ~q.fl. 5. Rebroadcastih~hgravelmeetin~ASTM lS63typeTmesha~therateof450-$00#per~q, fl.- Furnish a five-year warranty coverin~ laoor and ma~rlal, plus leak repairs as needed. Il'your budg~ does not ~llow any major spendln3 this year we will I~ve to do some tempormy repairs to get you through the winm'. If wz have & s~ve winter like we had last year we may h~ve difficulty keeping you dry. I have enclosed a Priodty Schedule for your review and budl~etln8 use. The rafi~ is based on & 1- 10 scale. A 1 ratin8 is abrand new propedy installed mot A 10 r~n.u is a top p~iority that needs immediate mention. Once a roof reaches a 7 ratin~ it should be scheduled for restoration as soon as poss~le or replaced within 1-2 years. An8 ratin8 should be restored within I year or as soon as budgets will allow. A ~ rnfin~ should be replace as soon as possible to avoid serious water in~ltration~ In some cases you can restore a 9 rated roof however, the rlsk is usually higher, Thnnk you for this oppommity to serv~ your roofconsultin~ needs. If there ar~ any questions please contact me 6449 Lvndsle Avenue South. Suite 103 · Minneapolis, Minnesota 55423 · (612) 866-3602 WET AREA 1 1~1 AREA A INFRARED PHOTO OF WET AREA #1 WET AREA 2 - AREA A INFRARED PHOTO OF AREA 2 AREA B - VENT STACK IS BUILT INTO PARAPET WALL AREA- B WALKING PAD IS BLISTERIN/3 PONDING WATER AREA B WALL MARKED FROM ME~AL CAP SEAMS FALLING- AREA B AREA-C PONDING WATERAROUND THE DRAIN AREA G DUCT WORK IS IN POOR CONDITION DUCT WORK IS BADLY RUSTED AND IN POOR REPAIR EXPOSED PELT ~ AROUND THE DRAIN PARAPET W,~.L IS IN POOR REPAIR AS W~-!.I. AS THE Midol'AL COPING CAP WET AREA 3 IN AREA G MOISTURE MERER INDICATING W'ET INSULATION WET AREA. INFRARF_J) PIiOTO OF Vv]ET ?d~F.A 3 WET AREA 4 AREA G I]qFRARED PPHOTO OF AREA 4 EXPOSED FELT ~ AREA G OVERVIEW OF AREA 0 METAL COPING IS RUSTING CAULKING HAS FAn.ED ON STACK FLASHING COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 8, 2001 AGENDA SECTION: l.~ ~ F~- \ \ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Authorize Repair to City Hall BY: Randy Schumacher BY:~:~ Heating Boiler DATE: October 4, 2001 BACKGROUND: During the annual boiler inspection, which is required by the State each year, the inspector noted that water was leaking from tkree or four boiler tubes. A letter was mailed to our insurance company as well as the City indicating that those tubes needed to be replaced. Four companies were contacted and requested to submit quotes on replacing partial or all tubes in the boiler system. The City received only two quotes, one from Combustion Heat and Power and one from Moorhead Machinery and Boiler Company. Two temporary corrections were proposed by the boiler companies. One was to plug the leaking tubes and make permanent corrections at a later date. The cost of that repair was $936 and $542 respectively. Another option was for the replacement of the four leaking tubes at $1,300. The third option was to replace all 56 tubes in the boiler. The low bid for option three for the replacement of all 56 tubes came from Moorhead Machinery and Boiler Company at a cost of $5,800. RECOMMENDATION: Based on the fact that the present boiler contains all original tubes, which are over 40 years old, staff is recommending the City replace all 56 tubes at this time. Staff is also recommending that Moorhead Machinery and Boiler be awarded the contract for the above referenced boiler repair. RECOMMENDED MOTION: Move to approve the low bid of $5,800 from Moorhead Machinery and Boiler for the replacement of all tubes in the City hall heating boiler; and authorize the Mayor and City Manager to execute the contract for the same. Attachments COUNCIL ACTION: h:\CL consent2001\AuEhorize Repair CH ~eaEing Boiler MOORHEAD MACHINERY & EOILER COMPANY DATE: TO: NAME: COMPANY: PHONE: September 2512001 # OF PAGES BEING SENT INCLUDING COVER SI/l~g~T:. 2 FROM: NAME: .1orrv Talmase MOORmC. AD MACHINERY & BOILER CO. (612) 789-3541 (612) 789-3540 IF YOU DO NOT RECEIVE TIiE NUMBER OF PAGES BEING SENT, CALL (612) 789-3541. Henry: MM&B Quote # 426-01-C Revision 1 Moorbend biachinery and Boiler Company offers the following proposal for you to review: Thank you for the opportunity ta quote the following work: L Replace four tubes ...... $1~300.00. 2. Replace all $6 tubes ..... $$,800.00. If we can be of s~rvice or you have auy questions, please call Sincerely, MOORI~.AD MACHINERY' & BOILER COMPANY Jerry T~lm~ge Boiler Service Superintendent JKT/tmt O~r st~mdard terms and conditions slmll apply. r'~OORHEAD MACHIHERY C BOILER CO. + V65VUbS'/51 MOO~AD NAG~/~Y ~ BOTLE~ gOMPANT DATE: (~' ,~ 5- ~ l,. # OF PaC-~S BE!NC. SENT: TO: FROM: PHONE': _ 7~_~ 7mC 3 7 ~' ' (612) 789-35~1 FAX: ~6 3 /~ C ~ VI / (612) 789-35~o If you do not receive the number of pages indicated, please call. COMMENTS: FROM : COMBUSTION HEAT AND POHER, IHC. FAX NO. : 651298084? S~p. 25 2001 09:43AM P2 CHP COMBUSTION HEAT AND POWER INC. 242 FILLMORE AVE, E. ST. PAUL, MN 55107-1418 PHONE (651) 298-1106 FAX (651) 298-0847 Septem]~' 25, 2001 Henry Henry Maintenance Supmdsor City of Columbia Heights Recre~onal Depadment 530 Mill Street Columbia Heights, Miwnesota 55421 Re: Boiler Tubcs Thank you for givin~ us the oppommity to serve yo~. We will do all we can to ensure you have a trouble free heating season. Our recommend,e,i,m, at this late date, is for your to fill thc boiler with cold waier and determine which tubes are leaking. After you determine which ar~, mark them and we will plug those thrce tubcs. You ~ eilowcd to plug up to ten percent of the robes before the boiler has to be derated. This should gct you through this heatin___g season. Thc cost for the above is $936.00'. The tubes, if you desire, could be rcpla~ed next ~mer, which would give all concerned time to perform the job. The tutus have a delivery time of three weeks. This cost, at today's costs, is $586200. These costs do not reflect any asbestos or any state or local taxes. IvE.~ke Doolittl¢ COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: October 8, 2001 AGENDA SECTION: L{ /~ _ { ~. ORIGINATING DEPARTMENT: CITY MANAGER'S NO: - Library APPROVAL ITEM: Authorization to purchase and BY: M. Rebecca Loader BY: install 6 public access catalog pc's at the DATE: 9/25/01 DATE: Library NO: The Columbia Heights Public Library (CHPL) has participated in an automated circulation system with the Anoka County Library (ACL) since 1987. The main frame computer is located in Blaine at the Library Support Services building, and all buildings in the system are connected via T1 lines and frame relays. During the past 14 years, access to the databases has been through dumb terminals. To accommodate changes in technology and to provide access to online reference sources, Data Research Associates (DRA), the library's automation vendor, is moving to a client-server environment, which operates with pc's. The first of two phases of implementation is budgeted in 2001 and involves replacement of the six public access catalog dumb terminals with pc's. Library staff has worked with the Information Systems (IS) staff and the ACL IS department to determine the most cost effective way to install the new pc's. The CHPL can order equipment through the County at their contractual prices and through the City's IS Department. The following breakdown covers the replacement of the six public access catalogs: 1. Ordered through ACL: 6 NetShift Pro Software Licenses ~ $160= 6 installations/set ups/upgrades ~ $200= 2. Ordered through Columbia Heights IS Department: 6 Compaq Ipaq pc's ~ $729= 6 Compaq color monitors ~ $229.00= $960.00 1,200.00 2,160.00 4,374.00 1,374.00 5,748.00 $7,908.00 The 2001 budget contains the following amounts for the project in the designated line items: 5170 (Office Equipment) $11,400.00 RECOMMENDED MOTION: Move to purchase and to install hardware and software necessary to replace six public access catalog pc's at the Library from the Anoka County Library and through the Columbia Heights Information Systems Department based on available State and County contract prices and obtained quotes; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: October 8, 2001 AGENDA SECTION: CONSENT ORIGINATING C1'1¥ DEPARTMENT: MANAGER'S NO: t~ _ A - I ~ SPECIAL PROJECTS APPROVAL ITEM: BY: JEAN KUEHN BY~t~Ej~// No:Flu°rescent bulb disposal agreement withxcel Energy DATE: Sept 27~] ~ D~~ BACKGROUND To reduce energy use in the State of Minnesota, the State legislature requires Xcel Energy to promote the use of energy efficient fluorescent bulbs and further to collect and dispose of spent fluorescent bulbs from the residential community and small businesses. Fluorescent bulbs contain small amounts ofmemury, which is recovered by this collection process. As a service to the community, Columbia Heights recycling staff offers twice a year collections to local residents and small businesses. Xcel Energy agrees to reimburse the City of Columbia Heights for all costs incurred for disposal, transportation and labor related to these collections. Each residential unit may bring 10 spent fluorescent bulbs for disposal at no cost. Small businesses may also bring ten bulbs for free disposal. Since Xcel Energy sponsors this program, neighboring residential communities that are also served by Xcel Energy may be included in our program. Attached is the agreement between Xcel Energy and the City of Columbia Heights, continuing this program through 2002. By this agreement Xcel Energy agrees to reimburse the City of Columbia Heights for all costs related to the collection and disposal of residential fluorescent bulbs, and the City agrees not to charge residents for such disposal. RECOMMENDED MOTION: Move to authorize Mayor and City Manager to enter into agreement with Xcel Energy regarding the collection and disposal of fluorescent bulbs and reimbursement to the City for all expenses related to the residential component of the collection. COUNCIL ACTION: FLUORESCENT/HID LAMP RECYCLING AGREEMENT THIS AGREEMENT is between Xcel Energy, a lxrmmesota coq~oration, and City of Columbia Heights. WHEREAS the l~nnesota Legisla~ue lmz enacted a statute that prohibits the disposal of fluorescent and high- intensity discharge lamps in solid waste and requires Xcel Energy, as a public utilby that provides elecrsic service to 200,000 or more customers, to establish a system to collect and recycle lamps from residents ava small (generating less than ten lamps per ),ear) commercial and industrial customers; WHEREAS City of Columbia Heights has established and currently operates a s3~tem for the collection and rec)clirg of lamps from residents and small commerelal and industrial customers; and WHEREAS Xcel Energy and City of Cohambia Heights desire to emer into an agreement whereby Xcel Energy will pay a pexcentage of costs incurred by Gty of Columbia Heights for the collection and rec3cling of lamps from residents and small commerelal and industrial custorners as part of Xcel Energy's system to meet its statutory ob 'hgations. NOW THEREFORE, in consideration of the terms and conditions stated in this Agreement, Xcel Energy and Gty of Columbia Heights agree as follows: re4ding of lamps from residents of and small commercial and industrial customers m Gty of ColumNa Heights. Collection and recycling services shall be offered at no cost to Xcel Energy residential and small commercial and industrial customers. City of Columbia Heights shall be responsible for contr~J~ or making similar arrangements with mmsporters and haulers used for collection and recyders. City of Columbia Heights is solely respousible for the selection of transporters and haulers used for collection and recyders, and the overall operation of its system for the collection and recycling of lamps. Gtyof Columbia Heights shall be responsible for. Collection, st~ing and citing of lamp collections; Completion and submittal of documentation as &scribed in this Agreemem, including furnishing a &scription of City of Columbia Heights's lamp collection and recycling program; and Cay of Columbia Heights agrees to serve as primm'y contact and coordinator for City of Columbia Heights municipalities, community groups, and other outside third pardes who express interest in implementing lamp collection events. Xcel Energy agrees to reimburse City of Columbia Heights for associated lamp recycling expemes involved in these events in the same manner as specified in this Catv of Columbia Heights Re? .t~,: City of Columbia Heights shall provide to Xcel Ev. etgy documentation regarding City of Columbia Heights s hmp collection and recycling program, including a description of collection and recycling costs. Documentation shall: lndude the lamps collected, inet, but not limited to, the total number and type of bulbs collected, and Show proof of recycling or disposal of lamps Be provided within thirty (30) days of the collection event ~X~¢l Erie _my. Paym~r- to Clty of Columbia He'_w-hts: a. Xcd Energy shall pay to Gty of Columbia Heights a pereentage of the costs in/tarred by City of Columbia Heights for the collection and recycling of latr~ from households as stated in Exhibk h. b. Xcel Energy shall pay to City of Columbia Heights the c~i~sts incurred by City of Columbia Heights for the collection and recyeling of ~ from businesses disposing of ten lamps or less which are documented Xcel Energy customers. c. C~y of Columbia Heights's collection and recycling costs shall indude the costs of transportation, hauling, supplies, administrative expenses and labor costs directly associated wing. Lamp reCur, ling. Cae/of Columbia Heights shall be responsible for ks own expenses, ~ operation and maintenance of collection site(s), storage space and promotional expenses above and beyond Xcel Energy's planned and coordinated promodom. Upon presentation of documentation of collection and recydlng costs, Xcel Energy shall have the right to audit the documentation and request information. In the evem Xed Energy does not audit the docomentafion Gty of Columbia Heights collection and recycling costs, Xcel Energy shall pay the percentage of Gty of Columbia Heights collection and rec3ding costs thirty (30) days after receipt of the documentation. The terms of this Agreement are dependent upon lvfinnesota Depamnent of Commerce (DOC) approval of the requ~t by Xcel Energyto implerr~m the Program in Xcel Energy's IffAnnesota Service area as a Conservation Improvement Program (CIP). If approval is subsequently ~ithd~wn, or recovery of program co~s through electrical rates is disallowed by the Iffannesota Public Utilities Commission (MPUQ, this Ag~ement is null and void upon notification to Gty of Columbia Heights. No fimhar payments shall be made by Xcel Energy to Oty of Columbia Heights except that Xcel Energy shall make such payments for which services have been rendened to the date of notification. ~ of Columbia Heights Indemni*';,-,~4ore Cay of Columbia Heights shall indemnify and hold Xcel Energy harmless from and agaimt all claims, damages, losses and expenses including attorney's fees and other litigation expemes, arising out of the operation of its system for the collection and recyel~ of lamps, including the selection of transporters and haulers used for collection and ~yclers. This section shall survive the completion of, or termination of this Agreement, or any'breach thereof. · ' ' : Xcel Energyshall indemnffyand hold G~:yof Columbia Heights harmless from and against all claims, damages, losses and ex~mes including atmroey's fees and other litigation expenses, arising out of the negligent acts or omissiom or ~ misconduct of Xcel Energy, or its employees or agents, regarding Xcel Enevgy's obligations under this Agreement. This section shall survive the completion of, or termination of, this Agreement, or any breach thereof. Term: The term of this Agreement is until December 31, 2003. Notice: All information should be sent byUnited States ma~, postage prepaid, to the following representatives of Xcel Energy and City of Columbia Heights: City of Columbia Heights: ~ean K !u~hn City of Cohmbia Heights 590 40th Ave NE Columbia Heights, MN 55421 Xcel Energy Noel Hatcher Marketing Business Management Xcel Energy 512 N'~collet Ivlall (RS-4) lffmneapolis, MN 55401 IN WITNESS WHEREOF, Xcel Energy and City of Columbia Heights have caused this Agreement to be executed by their respective duly authorized representatives on August 26, 2001. Dated: Dated: Xcxl Energy City of Columbia Heights ~l]tle: Tide: EXHIBIT A City of Columbia Heights The percentage of City of Columbia Heights's lamp collection and recycling costs which Xcel Energy shall pay is 100 percent based on the percentage of households in City of Columbia Heights which are residential customers of Xcel Energy. CITY COUNCIL LETTER Meeting off October 8, 2001 AGENDA ORIGINATiNG CITY SECTION: t{ _ /~ - ici DEPARTMENT: MANAGER NO: Fire APPR~;, , , ITEM: Establish Hearing Dates BY: Dana Alexon License Revocation, Rental Properties NO: DATE: October 3, 2001 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Delanza Elliot ................................................................ 1124-26 45~ Avenue NE 2. Karolyn Erickson .......................................................... 4544-46 Fillmore Street RECOMMENDED MOTION: Move to Establish a Hearing Date of October 22, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Delanza Elliot at 1124-1126 45t~ Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 22, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Karolyn Erickson at 4544-46 Fillmore Street NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting off October 8, 2001 AGENDA SECTION: t_I _ /~_ ~ ~-- ORIGINATING DEPT.: CITY MANAGER License Department APPROVAIr NO: ITEM: License Agenda BY: ShelleyHanso~,'~, DATE.' ~~ NO: DATE: October 6, 2001 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the October 8, 2001 City Council meeting. This agenda consists of applications for various contractor licenses. At the top of the license agenda you will notice a pkrase stating *~Signed Waiver Form Accompanied Application~. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 8, 2001 as presented. COUNCIL ACTION: TO CITY COUNCIL October 8, 200I .*Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LICENSED AT FEES BUILDING OFFICIAL *Equipment Supply *Milton Johnson Roofing. 593 North Fairview Ave 525 Lowry Ave NE $50.00 $50.00 license agenda 10/04/2001 15:32:4]. F:'LJNI) F:.'IE[]AF:': F:'UI;I)} 101 201 202 203 204 212 213 225 235 240 250 27O 299 401 402 412 415 432 433 601 603 604 609 653 70~. 720 l) Ei:.SC F;,'il: PT ZIZ 01"I EiEMERAL. COI"IMUN]:T'Y DEVELOF:'MEhlT FUND Ai',IOKA COLJNTY CDBG I::'AF:,'KVZEL'J V]iL..LA NOR1-H ECONOi'gIC DEVIELOF:'MEI"IT AU'TH STA'Tli~: A]]D MAIlg'TE]gANCE I::'ARKVIELd VII...L.A SOUTH CA:81..E TEI...IEV I S; I lIN F~E i'.lT Al.,. I-.1[] U S ]]'.1[~{~ L I )E{RAF~Y COL I-'IGHT,9; AI::'TIER S[i;I-'tOOL. IEI"IR]] ]0ARE PROJECT FIOU,S]]',IG & REI)EVIELOF:' AUTH CAF:' ]: ]"Al-. ]]"! F'IR O VIE M lii]"t T -:~; STATIE: AID CONSTF;~LJC:TIOI"I C'AF:'ITAL. II"'IF:'F:~OVEMIEt"IT F:'~FRKS CAPITAL. ]:MF:'FROVlii]'qli~]"I'T '"' F:'II:;~ CAF:' IE](1)IJ I I::' CAP IEQUIF:' FRI~i]::'I...AClii>'WATlii]::~ W ~ TIEI::~ U'T I1....11TY ,E;E I,'.IE R U'¥' I I... ]: TY FRIE F:'I.J ,"i; E F:'UND S'¥ORI~I SEI,dli~]:;,' UT]]...I"J'¥ L I QUOR ,STO~:RI'g ,E;EWIii]:R COI:It-STI:;;UC:T. F:'UI"II) CEN'TFb'~L GAF;,'AGE PEFRM I T SURC. I-1AF;"GE [.'.' 0 N T F-~ ]: I9 U'T Iii]) COIg'T'R I I{dJTED I bI,~SURAt'ICE E'~i;CF;~O W I::'LEX BENEFI]' TRUST TO'T'AL.. AI...I.. F:'UI',IDS BAI'.I K BANI< I'.!AMIE :({.: A !'.1K Cl..tEl; K ]]'.IG AC]C:OUN'¥' Checl< History I) I 3:[, 272;., 77 23 ~. 362 ,, 22 50,536 .. 97 10,305 .. 72 296.72 363.87 5,385;. 30 679.37 214 ,, o4 2,434 ,, 26 350 ,, 68 20 ,, 05 629 ,, 22 279,833 ,, 68 15,305.50 :1. 5 ~, 305.50 3,81.6.03 I, 483.46 103,927 ,. 79 105.12 120,045. :1.3 945.55 4,570 ,. 28 36.47 321 ,. 30 7,375.17 34,795.68 231,509.64 i, 653. O0 034,61.0 ,, 29 D ]1] 034,61.0 ,, 29 Chec:k I..ki. s'l:o ry :L0/8/01 COLJNCIL L.:I:~,i~:TING BAFIK VEl'4 DOF:~ CI.-IEX:,~ I< I'IUPIBIZF~: AMOUNT BAI'IK [:Hti~ZCKII,I(:(i ACCOUI,IT ADVAN[;I~: DRA:I:NAGIZ SYS'FI!i:M-~ AUI...'¥'/Mli~:L.AN :1: E BI~:I...I... B 0 Y [X:)I::~I::'ORAT ]: 0 N BI..X:)WI~: F~ S / C A R 0 L.I~: BR:I:N NORTI'4~I~:STID:::N GLASS C:I:TY PAGES COL.U~B:I:A HE:I:GHTS I"]OUS:[NG DAV I S/ARTHUR EAGI...E W:I:NE COMI::'~NY GE:NU:I:NE PARTS/Iq~P~ ~U'TO GORMAN/GARY GOVERIqMENT' F':I:NAI~K::E OF:'FIC GR:I:GGS-COOPER & CO HANSE:N/KE:V :1: N HOI"K~:NSTE I NS INC I'~OME DE:POT ~2802 JOI"IN~ON BROS. L..tQLJOI:~ CO. JOHNSON/T :I:M KUE:THE:R DIST. CO., M~GEE/I... :1: NDA MARK VII DIST.. ME:N~F~DS C~I"~W~Y I...UMBI~:R'"'I:: ME:TROCAL.L. - ATT MIKSS~G:I:N M:I:NNESOT~ COMMID:~CE DE:PAI~ M:I:NNESOTA D~II_Y/THE MN I::'OI...I_UT:I:OIq CONTROL. AGE M 0 EI...I...I~:R / KAREN NORT'H HENNEF'IN COMMUI~:I:TY NORTHERN AIR 0 ' B R :1: E:N/EL :1: Z~BE TH OF:I::'I CE DEPOT F:'~RSONS IZL. EX:YFR:I:C CO F:'ETTY CA~;H .... G~RY BF~AATIE I::'ETTY C~SH .... KAREN MOELL. F'I"III...I...IF'S ~:I:NE ~ SF:'IRt-fS F:'R :l: 01~ WINE QUALITY WINE & SF:'IRITS QWK:ST COMML]N :[:CAT IONS SM :1: Tt--I/RON~NE: TAF~GET 8TOI:~I~:S-ACCTS REC V:I:CTORY CORI::'S WE ]:ST/F:'AUL ~ :1: LI...P R E C H T / C :1: N~) I XCIZL.. ENERGY (N S I::') BIZI...I..BOY B~R SUPPL..Y EAGL. E ~:i:NE COMF'~NY 9450:1, 23.66 94502 20.00 94503 67.25 94504 54 ,, :1.4 94505 :L 8., 89 94506 840 ,. 00 94507 62,025.00 94508 96.00 94509 7 :L 3.60 945 t 0 86.96 94511 252.00 94512 41.40 94513 60. O0 94514 :1.9.494.83 945:1. 5 300.70 94516 576,,95 94517 208 ,, 13 945:1.8 :1. ~. 156 ,. 26 9/4519 :1.29 ,. 00 94520 19,133,,85 94521 679 .. 37 94522 4'2 .. 00 94523 32 ,, 86 94524 66 ,, 55 94525 65,,00 94526 84 ,, 24 94527 32 ,, 00 94528 102.70 94529 139 ,, 00 94530 :1., 1:1.4 ,, 46 94531 33 ,, 88 94532 307.22 94533 755 ,, 07 94534 97 ,, 66 94535 82 ,, 75 94536 317,, 59 94537 :1. , 286., O0 94538 4. 528.44 94539 57.25 94540 308. :1. 0 94541 32 ,, :!.6 94542 19 ,, 70 94543 96 ,. 00 94544 86 ,. 25 94545 1. 828 ,, 33. 94546 85 ,, 30 94547 7:1. 3 ,, 60 ..... ,. '," ~".,," ........ ~ CITY OF:' CCIL..UMBIA :1.0/~)4/7~00:L :1.~ GI...540F~."'V06..27 I A(:~l::. Cl]eck I-li.s'l:o r? :L0/8/01 COUIqCII... LISTING B A I,.! K V Iii] N D 0 I:;~ I]"IEC I~ hlU M ~]~IlE]::: AMI]UI"'IT BAI'.II( CHIECI(]]qG ACCOUI'-I'T EAST SIDE BIEVIEI:;~AGE CO EDLUND/DCIRINDA FUN EXPRESS IIqC G & K SERVICIES GIEIqUINE P~i:~TS/IqAI:'A AUTO GOF:'HEF~ SPORT NAMEF~/M~RY ~NN HAIqSEN/KEV I N JOHNSON PAPER ~ SUF:'F:'L..Y C MN REC ~ PK ~SSOC .... MRF:' MURZYNXJOHM F:'EF:'S I-COL~-7 UF:' F:'ETTY CASH .... KAREN MOI~]...L.. F:'I TIqEY BO~ES LOU ISV IL,L.,E QUALITY WINE ~ SF:'IRITS RADISSON HOTEL- DULUTH THOI~F:'SONXCH ~ F~I... IIE WIENZIEL.. XCEl.. IENIEI:~GY (N S F') AF:'F:']]qI'FY PL.US I::'IEDIEI:~A!... CI:~ F:'IRST COMMUIqITY CF~IE~IT' I.J I"IIEAI..T H I::'~R'TNEI:~S ]:CMA I:~E'F]]:;:IEI~IEIqT TRUST 45 JIEI::'F:'IERSCIN P I t,..O'T MN CHII...D SUt::'I::'ORT PAYMIEIqT ORCHAF~D TRUST COMI::'AIqY F:'IERA F:'UBI...]:C MAN~GIEI:~S ASSOCIAT UNIOI~ 3~0 UNITIED WAY V~NT~GEF:'O INT 'FRANSFIER WELLS FARGO .... PAYROLL AC WI DIEF'AI~TMIENT OF:' REVENUE AAC, INC,, ACE I"IAF~D~I:dE 94548 3,550,. 10 94549 299 ,. 1 Iii 94550 :1. 75 ,, 30 94551 10 ,. 02 94551?. 127.58 94553 884., 89 94554 204 ,, 63 94555 24,, 15 94556 856.80 94557 43.72 94558 204 ,, 63 94559 1,014.00 94560 72 ,. 15 94561 290 ,. 00 94562 68 ,, 44 94563 2~6 ,, 50 94564 185.00 94565 51.81 94566 163 ,. 67 94567 11,112.,68 94568 i, 347.7 ~1. 94569 121.40 94570 155 ,. 94 94571 1,300.20 94572 42.86 94573 180 ,, 00 94574 ~1. 47. O0 94575 2.06 94576 18.74 94577 577 ,, 70 94578 70].. 19 94579 584 ,. 77 94580 :T'., 605 ,. O0 94581 41,465.33 94582 10,610,, ].3 94583 617.80 94584 745 ,, 77 94585 5,740., 38 94586 iT'.4,700 .. 37 94587 40 .. 00 94588 981 .. 92 94589 35.00 94590 200 ,, 00 94591 137.906.55 94592 115,,74 94593 950 ,, 00 94594 156 ,, 34 C I-~e (::1< I..hi. s to r'y :1.0/8/0:1. COUI'~IC:II... I...IS"I'II'.I['} BAN K V E hid 01:;.' CHIEC I<Z I',1 t.J M ;[(,~IE R AMOUI:IT BANK C:HE:C:KIhlG ACCOUlqT AZD IEL. E:CTF*:IC .~i~,IEI:;~VICIE A :1: I::~I...A I{ E F' 01:;:][)--.- MtE R C t J R Y AMIEI:~ :I:CAhl SE:MI AMIER I I::' I;.' I DIE Al,lO I(A COUI"IT Y AIqOKA COtJNTY I...IBI:;:ARY AI,IOKA C'f'Y .... CENTI'~AL COt"ll'd ASI::'IEN MII...L.,S!, INC,, BAKE:R & 'f'AYI...OI:;~ IENTIERTA:[ht ):':4 A T T El:;.' I E ~?, PL. US :(':{A T TIEI:;:Y C]:TY ):':~IEI...L.:i(40Y :[;~AI:;: %!.JPI::'L.Y :(;IIEI ]..][('~0 Y C 0 !:;~1::' 0 I:~: ~ T ]: 01"1 BI::' I/bJOODL.A KE: .SANITARY BI...AC, Kf(4OUI:;:N MIED:I:A PACKAGI BLtJlEME:I...S "['RIE E :(({00 K bJ I"IOI...IE [i; A L.IE I:;: S lBO0 KME:N I NC/"f'HE BRAY/I_ ]: Z BI:;.:ODAR T BRYAN I:;;OCK I::'I:;:ODU[;TS, ZIqC )E, rU I I...:0:1: NG CAI...EI"IDAI:::S CIE N T El:;.' I::'OR CHIEM,SE:ARCH C H E:l:;,lq I N/AL.Iii: K .~i; A NIl)I:;-' CHZSAGO I...~I(E:S D:[STRI]BI..JTI CI'.II:;::I:."?,TIAN SCIE:NCE: MOhlITCI CI...AI';.'E:Y.~i~ :SAI::'IETY IEQUIPME:IqT CLAI:;:K I::'OOD.'-i;EI:;.'VICE INC COCA-COL. A ][{{OT'f'L:I:I,IG MIDWE [:OI...UMBIA HIEIGHTS F'IRE: CA [;OI_UM;[(CI:A HIE;I:GHTS F.:E]'-ITAL CONIqE]...I...Y INDUS"f'RI~L. EI...IE[: COCII:~:DINATE]O ][~tJ.%I]'-IEE;S SYS CI::,'IEST VIIEW L. UTHE]:~,'~Iq HOME DAIqK~ )])AVI lES- NOR T HIZI:~ N WATIEI:~ :OIi!]...EGAI:;:][) TO[II... CO. DIEMCO :OOtJ[:~S TV & AI::'I::'I...]:AI"I[;E IEAGLE WINE: COMI::'ANY EAST SI.DE BE:VIEI:;~AGlii: CO IE NC OMI::'ASS I::'AXOH C. OIdPAIqY/THIE F'E][)IERAI... I::'I...E: X COMI::'E:N';~T Z ON, 94595 346.,25 94596 30 ~, 611 ,. O0 94597 48.54 94598 101 ,, 90 94599 4 !, 825 ,. 75 94600 432.47 9460:1. 61 ,, 27 94602 216. O0 94603 675.54 94604 43.67 94605 257.75 94606 128 ,, 60 94607 6,584 ,. 54 94608 102,507.95 94609 49. O0 94610 8,729 ,, 50 94611 :i. :1.4. :1.9 946:!. 2 :i. 26 ,, 34 946:1.3 15. O0 946:!.4 52.79 94615 1,895.,37 94616 :1.0.35 946:1,7 23,,25 946:1. 8 10 ,, 473 ,. 00 946:!.9 :1.02., 52 94620 36 ,, 47 946~ ]. 2,855 ,, :1.8 94622 189 ,, 00 9462¢3 67 ,, 50 94624 508.84 94625 ~. 50 ,, 32 94626 990 ,, 00 94627 :1.0 ,, 80 94628 266 ,, 30 94629 1,60:1. ,, 90 94630 11,978., 90 9463:1. 27 ,, O0 94632 845 ,, 62 94633 36.40 94634 45..39 94635 1, 5:1.. 03 94636 i, 394 .. 37 94637 6.412. :!.0 94638 167 ,, O0 94639 3,0:1.8.26 94640 27. t8 94641. 157.50 Check History 10/8/O:1. C2OLJNCII... L.]:ST]:IqG BAN K VENOOR Cl"[lii:C I( NIJMBEF;~ AMOUIqT BANK CI..IE:CI<]:NG ACCOUNT G & K SIi[I:~V]ZCES G AI...E GROUP/THE: GALI_~GHEF:~' & COMF:'~NY O1=' M (31EIqu:I:NE PARTS/N~F:'~ ~LJTC) GI:~AF:' t X SI-lO F:'F:'IE GF~]:G(3S.ll-COCIPER & C0 HGF:'F:'I~[L DB~ F:'LANS:[GF'IT/JEIg~ I"IARVES-[' F:'A I NT HATCH S~I...ES/J 1:M ]"t ]: "['I~:S F:'L.C)RAL. HOME DEPO'T' ~2802 ]~I<ON OFF:'ICE SOI...U'I"IO~ ][IqTE[;GF~ATED LOSS COblTI:~OL IF:'C I::'1:~ I NTt NG Jf B cOIqTROL~ JOHNSON BROS. L. IQUOR CO. JRK, lINC K MART KLII~]'HER DIS;T. CO. L.AI<IZ COUNTRY CHAF:'TER I...IEAGUIE; OF MINNESOTA CITI I..IEAGUE 01::' MN CITIES INS LENZME I ER/GARY LIIqO I...AI<I~[ F:'OLZCE DEF:'ARTM I...OWR'K CENTRAL BOWI...ERS I...LJBE-TIECH I...YLE SIGIqS INC MAC QUIEEIq EQLIIF:'MIEIqT' CO. MARK VII DIST.. MCI WOF~I...DCOlq COM~ SERV][C ME?]qARDS C~SF'I~AY i...LJMBI?~]:~-F:' ME~[TI:~OCAI-I.. '"' ATT ~IESSAG1[~ M]:DWAY FORD MIDWEST ASF:'HAI_T C0. MIDWEST BADGE & M :[ L.L. IE]:~'./BAF~ BAF~A E M]:blNEAPOLIS F:'INANCE DI~]::'T M:[NNEAF:'OLIS SAW CO.. MN COMM PAGING MN DEF:'T OF ADM:[NISTF~ATIO MIq S"f'A"f'l~: TI:~EAS; BUILDING MCII:~N ]]qGSTAR :[NC MO TOF~:OI...A INC. IqE]]EDHAI~ DISTI~]:BUT1:NG CO 94642 94643 94644 94645 94646 94647 94648 94649 94650 94651 94652 94653 94654 94655 94656 94657 94658 94659 94660 94661 94662 94663 94664 94665 94666 94667 94668 94669 94670 94671 94672 94673 94674 94675 94676 9467? 94678 94679 94680 94681 94682 94683 94684 94685 94686 94687 94688 31.5.74 129.9 :T'., 719 .. 00 279 .. 03 93.90 3,244 .. 98 6,656 .. 38 692.00 1. 73 .. 30 1 85 .. 50 3,846., 74 .. 50 602 .. 00 750. O0 137 .. 98 203 51 70.00 3,564 73 1,013 .. 88 149 20 15,481..30 175 O0 120 ,. 00 30,232 50 100.00 79 17 87 .. 70 185 84 45 .. 50 i, 709 .. 82 6 .. 02 261.60 14 ,. 14 I, 795.34 ~. 8>2 .. 00 340., 00 455 .. 15 37 ,. O0 321 .. 30 495 ,. O0 I.?F;:C F:' I blANC I Al... ~;Y.'S"Flii]"I [:: I TY OF' CC)L.LJMB I A HE I [.:iFIT.S · ,~ ;~...:.:~.~.01-. k, 06,,,~.? F:'AGIE :L0/04/2001. .1.. ' "~ "' ' '~ [Z; he c:k History :1.0/8/01 COLJNC::IL L..I.C.;'TING BAI,IK VENDOR [;]..IE [].~ K NI..J M B E]::~'AMOLJI"I'I" BAIqI< (.HI::.CI,(.LII :~ ACCLUNI' NEWMAN S ]2 GIq'L~ NOF::'FH fi;TAFt'. OF:'F:' liCE OL..I...tlii]~,i~ KITCHIE]N & VITTL. E ONE-CAL. L CONCEPT-GOF:'HEF~ F:'ALDA AND SC}I'I~ Il'lC P~L..MEF(/JASON F:'AM OIL INC F:'EPS I ""COLA""7 UF' F:'HJ]L..L..IPS HINE & SPIRITS F:'R I OF:: WINE R & '1" SF:'IECZ~LTY RADIO SHACK R~M RDO I~ZQU I PMIENT F~ liME AUC'F IONE]ER/MAF(K F( UI~E'I"T I MANN/F;:OBETR"F SCHE]L.E]q GR~Y ELIE;CTF::IC SIGN L. ANGUAGE & GOI...DIEN A ~ .1~ MI::q...E X GR ]~ NNll!]...L. f3QUEIE(31EE F:'RO WINDOW CLEA ~ii'1" F:'AUL..'"'DED/T HIE S'I"~IqW~Y IEXCA~TIIqG ~i;'I'REICHliEFZ'S i3uIq"s INC/DO SUNR~N CONSTF~UCT]:ON ]:NC "FIEi]~E ' ~i~ PL..US 'FFIUGREEN CHE]~L~WIq '}'WIN CITY I.-IARDWARIE UNITED RENT~L.S .... HWY TE:C US F:'It..-fER/W~TEF~ PRO VI~ER .1: ZC)N W ]:I:~EL.IES~ V :I:CTOI:~Y C:C)RPS WAI...I... S'f'l:~lElii:T' JOUF;:I'I~L./T'HI!~: WEST W :I:NIE COMF:'ANY/THIE XF:'ECT I:: :1: I:~(ii'f' XAHI... E:QU:I: PME:Iq"f 94689 94690 9469.1. 94692 94693 94694 94695 94696 94697 94698 94699 94700 9470.1. 94702 94703 94704 94705 94706 94707 94708 94709 94710 9471:1. 947:1.2 94'71:.3 94751. 4 94715 947.1.7 94718 94720 94721 94722 94723 94724 94725 94726 94727 94728 ..~1:)~: ,, 929 64. 537 ,, '.:. 0 '19,.: 20 I YO ,, 7~. 96.1. 88 40.48 168 "' "~ ,.. 4,.. 4~. 46 80 .L o6. z. ~ 140 00 .L66..,~(. 950 O0 35., 00 .:~ . ..~ .. O0 997 ,. O0 ~:.0 O0 ]. 70 ,. 40 ..~ .., ~ .. 77 ..~...~ 6 ,. 05 110. ~: , J. K. ,, .~:. 049 06 104.64 629 1'22 :L4.91 299 O0 90.06 488 ',= 0 :L74.. ~.,. 31. 82 1.4B.. 31 :1., 034, 6:L0,,29 *** PROCLAMATION POLISH-AMERICAN HERITAGE MONTH OCTOBER 2001 WHEREAS, October is Polish-American Heritage Month, which is a national celebration of Polish Heritage. This observance also recognizes Polish culture and pride in cooperation with the Polish-American Congress and Polonia across America. WHEREAS, the Polish American Heritage Month Committee is celebrating their Twentieth Anniversary of is founding since being recognized in Philadelphia, Pennsylvania. The purpose of the Committee is to bring attention to the contributions of Poles and Polish Americans to the United States and world history. WHEREAS, in 2001, the 2! 0th Anniversary of Poland's Constitution is being observed. WHEREAS, the City of Columbia Heights has many residents who take pride in their Polish heritage, ancestry, and traditions. WHEREAS, our Columbia Heights/Lomianki, Poland, Sister Cities International Committee is celebrating the 10th anniversary of our special relationship. In 2001 this Committee has provided or sponsored various civic, educational, cultural and humanitarian activities. (See attached) WHEREAS, the twin flagpoles at our gateway Park displaying American and Polish flags are an impressive reminder of our commitment to international fi'iendship. We share these ideals of pride and patriotism with all. WHEREAS, we acknowledge the expressions of great sympathy extended by our Sister City after the recent terrorist attacks on America. Poland and the Polish people have suffered the horrors of war and oppression over the centuries and are still noted for their remarkable courage and unconquerable spirit. We must do likewise. NOW, THEREFORE, BE IT PROCLAIMED, that I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby designate October as: Polish American Heritage Month in Columbia Heights, Minnesota. Mayor Gary L. Peterson October - 2001 page - 2. SUPPLEMENT TO PROCLAMATION FOR POLISH-AMEklCAN HE'2iTAOE M0~fTH - OCTOBE~t, 2001: Activities conducted Dy our Sister Cities, International, Committee: Personal visits to Lomianki by members who attended the dedication of the ambulance donated to the Children's Hospital in the Lomianki area, as well as a trip in Octooer when their Septemoer 12th departure had to ce re-scheduled. Sent more new mocks for their elementary grades and liorary. Conducted free classes in Polish Lan!~age, History and Culture. Maintain showcase displays at our City Hall; and provide exhioits during themonth of Octooer at the Columoia Heights PuOlie Liorary. Hosted a taOletop display promoting Sister Cities at the first annual Taste o£ Columoia Heights event. Sponsored a special dinner in May to celeorate our 10th anniversary as a Sister City to Lomianki, Poland. Totino-Grace High School included Lomianki for a special concert by their award-winning Choir when they toured Poland in March of this year. mrother Milton ~arker, President of Totino-Graee, and Honorary Chair of our Sister City Committee, co-ordinated this concert for over 100 participants from the 2~in Cities. Planted a tree at Lomianki Park on Armor Day to symbolize our friendship with Lomianki. (~o other trees were planted in recent years). Co-sponsored Polish Pot Luck Picnic at Murzyn Hall. Maintained planters at Murzyn Hall and flower bed at Lomianki Park. Arranged to have a double decker eus in the JamOoree Parade. Volunteers have provided translation services. Represented our community at the International Conference in Atlanta, Georgia, in July; and the State Conference in New Ulm in September. Participated in the welcome/orientation program for new teachers to School District ~13. Foster personal contacts with Lomianki through visits, penpals, e-mail and ham radio volunteers. We are proud of these accomplishments and sincerely appreciate the co-operation of our City Council Memoers, staff and employees - and memoe rs ! DZIEKUJE / THANK YOU! PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2001 WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and; WHEREAS, over 50,000 women and children have and will continue to access assistance fi.om Alexandra House, Inc., a domestic violanee service provider; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community can do to eliminate its existence. NOW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL that I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby publicly proclaim recognition by designating the month of October, 2001 as DOMESTIC VIOLENCE AWARENESS MONTH in the City of Columbia Heights, Minnesota Mayor Gary L. Peterson City of Columbia Heights, Minnesota Alexandr'a House, 'rrm. Domestic Violence Services for Women, Families and Communities P.O. Box 49039 Blaine. MN 55449 Phone: 763-780-2332 Cfisis/'l~Y: 763-780-2330 Fax: 763-780-9696 Board of Directors Lynne Tellers Bankes Chair David Rymanowski Treasurer ramara Gregory Secretary .Chuck Seykora Vicki Reece Gay[e Anderson. Ph.D Laurie Wolfe Mary Steege Connie Moore Executive Director August 21,2001 Mayor Gary Peterson r_ City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 Dear Mayor Peterson: Enclosed, please find a proclamation m lienor of Domestic V~o eric AWareness Month fo~: October 2001 in Anoka Co{lnty. 'Alexandra'House, Incl, a domestic violence service provider Iocatedqn B~a~e, respectfully submits tm proCtamati~)n for aol3rOvat, to make kno~vn.that domestic violence ts,not an .; individual ptobiem, but one of great concern to us all. Your suPPort of the proclamation demonstrates .a commitmen~to'the heall[h and Welfare. of your conlr~unity. 'Mere ~portantiy; it sends a clear message Of support to victims Of domestic Viotence~and'encot~reges the,involvement of thcee'who want to permanent~j eliminate domestic,violence ih Anoke Courtty: Thank you for your consideration of the DOmesti~ VIOlence Procftimatioa. The favor Of a reply is requested regarding the acceptance'and adeotiOn of this proclamation by your c~,ty council, Sincerely, Connie Moore Executi,~e Director. EnclOsure Cra/mpa PROCLAMATION Declaring October 11, 2001 as Sgt. Val Dietz Day And October 12, 2001 as Officer Mike McGee Day in the City of Columbia Heights WHEREAS: WHEREAS: Police Officer Mike McGee and Sgt. Val Dietz represent the commitment and dedication of Police and Emergency Response personnel in the City of Columbia Heights; and, On July 17, 2001 officers were dispatched to an officer shooting at 42"d and Jefferson Street NE in Columbia Heights; and, WHEREAS: WHEREAS: Officers were advised via radio that Officer Mike McGee of the Columbia Heights Police Department had been shot and that the suspect was shooting at other officers arriving in the neighborhood, followed by a 30 minute running gun battle; and The suspect was ultimately confronted in the area of 43~a and Madison where a Minneapolis Police Officer shot the suspect, who was then taken into custody, after the suspect had shot Sgt. Val Dietz of the Columbia Heights Police Department and Officer Judy Rollins of the Minneapolis Police Department; and WHEREAS: WHEREAS: Fire and medical crews rushed to the aid of all the fallen officers; and All officers have recovered from their wounds, and the suspect is in the Anoka County Jail awaiting trial for attempted pre-meditated murder of Officer McGee, and the first degree assault with a weapon of six Police Officers including Sgt. Dietz and Officer Rollins; and wHEREAS: The citizens of the City of Columbia Heights wish to show their appreciation to Officer McGee and Sgt. Dietz; NOW, THEREFORE, BE IT DECLARED, that I, Mayor Gary L. Peterson, do hereby proclaim Wednesday, October 10, 2001 as "Sgt. Val Dietz Day" and Thursday, October 11, 2001 as "Officer Mike McGee Day" in the City of Columbia Heights, Minnesota Mayor Gary L. Peterson RESOLUTION 2001-63 BEING A RESOLUTION RECOGNIZING THE TRAGIC EVENTS AT THE WORLD TRADE CENTER IN NEW YORK CITY ON SEPTEMBER 11, 2001 WHEREAS, THE TRAGIC EVENTS OF September 11, 2001 will forever be etched in the minds of all Americans and freedom loving people throughout the world, and, WItEREAS, we struggle to find reason and meaning in the hateful taking of innocent lives, children and parents, brothers and sisters, civilians and military, public servants and emergency personnel, and, WHEREAS, the destruction of the World Trade Center, the damage to the Pentagon and the airliner in Pennsylvania struck a blow at the economic foundations of our country and the world economy, and, WHEREAS, the City of New York, led by Mayor Guiliani and the Police and Fire Departments of the City and surrounding jurisdictions in New York responded with tremendous acts of compassion and courage to the immediate dangers, and, WHEREAS, through their actions, words and examples have united all freedom loving people in their resolve to ensure that there will not be any other similar disasters in the future, and, WI-IEREAS, their counterparts in Washington, D.C. and Pennsylvania have shown similar courage, commitment and compassion, and, WHEREAS, citizens in our City of Columbia Heights appreciate the significance and symbolism of the historic events of September 11,2001 and the heroic response by the citizens of New York, the District of Columbia and the State of Pennsylvania, NOW THEREFORE BE IT RESOLVED, that the city of Columbia Heights, on behalf of all of it's citizens, do offer our heartfelt condolences to the thousands of people and families that lost loved ones in the September 11, 2001 terrorist attacks, and, BE IT FURTHER RESOLVED, that the city of Columbia Heights extends it's appreciation to the thousands of rescue workers involved in the response and recovery efforts, and, BE IT FURTHER RESOLVED, that the city of Columbia Heights especially commends and thanks New York Mayor Rudolf Guiliani for his leadership and gallantry under heartrending circumstances, thereby enabling all people throughout the world to begin the healing process, and, BE IT FINALLY RESOLVED, that the city of Columbia Heights urges all of it's citizens to show their respect and support for the families and responders involved by opening their hearts and minds, offering financial and support in any way that they possibly can so the recovery will be speeded to an early conclusion. Adopted this 8th day of October 2001. Offered by: Second by: Roll Call: Mayor Gary L. Peterson Council Member Julienne Wyckoff Council Member Robert Williams Council President Marlaine Szurek Council Member Bruce Nawrocki Attest: Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of October 8, 2001 AGENDA ORIGINATING CITY SECTION: (~ A DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon BY~/~--~ Rental License Revocation DATE: October 3, 2001 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Kimberly Wegner regarding rental property at 5248-50 Washington Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of October 8, 2001. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Kimberly Wegner Regarding Rental Property at 5248 Washington Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of October 8, 2001 AGENDA ORIGINATING CITY SECTION: (._0 /~ DEPARTMENT: MANAGER NO: Fire APPROVAL. ITEM: Close Hearing BY: Dana Alexon BY:ydf~d Rental License Revocation DATE: October 3, 2001 DATE: NO: The matter of the revocation of the license to operate a rental mt(s) within the City of Columbia Heights against Dale Frenzel regarding rental property at 3732 3rd Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of October 8, 2001. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Dale Frenzel Regarding Rental Property at 3732 3rd Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of~ AGENDA ORIGINATING CITY SECTION: (_0 Q DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: October 3, 2001 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Scott Falker regarding rental property at 4943-4945 Jackson Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of October 8, 2001. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Scott Faider Regarding Rental Property at 4943-45 Jackson Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of October 8, 2001 AGENDA ORIGINATING CITY SECTION: ~5~ ~ DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon BY:~f~ Rental License Revocation DATE: October 3, 2001 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Haris Saihgal regarding rental property at 1124-1126 45th Avenue for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of October 8, 2001. The public heating on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Haris Saihgal Regarding Rental Property at 1124-1226 45t~ Avenue in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of October 8, 2001 AGENDA ORIGINATING CITY SECTION: ¢ ~ DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon Rental License Revocation DATE: October 3, 2001 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Gerald Janson regarding rental property at 1242-44~ 1248-50 Circle Terrace for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of October 8, 2001. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Gerald Janson Regarding Rental Property at 1242-44, 1248-50 Circle Terrace in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of October 8, 2001 AGENDA ORIGFNATrNG CITY SECTION: (.~ ~ DEPARTMENT: MANAGER NO: Fire APPROVAl. Rental License Revocation DATE: October 3, 2001 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Jerald Janson regarding rental property at 1266-68 Circle Terrace for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of October 8, 2001. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Jerald Janson Regarding Rental Property at 1266-68 Circle Terrace in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of October 8, 2001 AGENDA ORIGINATING CITY / t/~ DEPARTMENT: MANAGER SECTION: ,.~. Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: October 5, 2001 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Michael Johnson regarding rental property at 4919-21 Jackson Street NE for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of October 8~ 2001. The public hearing on this property may now be closed in that the owner and the tenants were not properly notified of the City Council heating. The Columbia Heights Fire Department will serve proper notice on all interested parties and schedule a public heating at the next available date. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Michael Johnson Regarding Rental Property at 4919-21 Jackson Street hie until such time all interested parties can be properly notified. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of October 8, 2001 AGENDA Resolutions/Ordinances ORIGINATING CITY SECTION: DEPARTMENT: MANAGER NO: ~ 14 Fire APPROVAL ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon BY: Revocation DATE: October 3, 2001 DATE: NO: 2001- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against John Gondek regarding rental property at 344 40th Avenue for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2001- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(!) of the Rental License held by John Gondek Regarding Rental Property at 344 40th Avenne. COUNCIL ACTION: RESOLUTION 2001- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY JOHN T. GONDEK (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 344 40TM AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104( 1 )(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON SEPTEMBER 24, 2001 OF A PUBLIC HEARING TO BE HELD ON OCTOBER 8, 2001. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOiNG, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDiNGS OF FACT 1. That on April 1, 2001, Dana Alexon, Housing Code Enforcement Official for the City of Columbia Heights, sent relicensing paperwork by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 22, 2001, Dana Alexon, Housing Code Enforcement Official for the City of Columbia Heights, sent a late relicensing notice by regular mail to the owner at the address listed on the Rental Housing License Application. 4. That on or about August 21, 2001, Dana Alexon, Housing Code Enforcement Official for the City of Columbia Heights, sent the expired rental license notice by regular mail to the owner at the address listed on the Rental Housing License Application. 5. That on September 24, 2001, Dana Alexon, Housing Code Enfomement Official for the City of Columbia Heights, sent the statement of cause by certified mail to the owner at the address listed on the Rental Housing License Application. listed on the Rental Housing License Application. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: A. FAILURE TO RELICENSE RENTAL PROPERTY B. FAILURE TO SUBMIT LATE FEES OF $7.50 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 344 40th Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F4474 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of ., 2001 Offered by: Second by: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: October 8, 2001 AGENDA SECTION: ORIGiNATING DEPT.: CITY MANAGER APPROVAI, NO: V~_ A- \ COMMUNITY DEVELOPMENT ITEM: RESOLUTION APPROVING PURCHASE BY: Randy Schumacher BY:..~ s~-~_ AGREEMENT FOR 3718 Central Avenue N.E. DATE: September 28, 2001 Staff has reached an agreement to purchase the house at 3718 Central Avenue N.E. fi.om the owner Heidi G.K. Von Heideman (Purchase Agreement is attached). The property will be purchased by the City for $70,000.00. Funding for the purchase of this property will come fi.om Community Development Block Grant funds for commercial revitalization. RECOMMENDED MOTION: Move to waive the reading of Resolution 2001-56 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2001-56, being a Resolution authorizing the purchase of3718 Central Avenue N.E. and utilizing Community Development Block Grant funds for the purchase. COUNCIL ACTION: RESOLUTION 2001 - 56 BEING A RESOLUTION AUTHORIZING THE PURCHASE OF 3718 CENTRAL AVENUE N.E. WHEREAS, the City Council of the City of Columbia Heights (the "City) has an on-going Community Development Block Grant (CDBG) funded Commercial Revitalization Program; and WHEREAS, the City has found that there exists conditions of deterioration, substandard residential structure, in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such residential property pursuant to the Purchase Agreement by and between the City of Columbia Heights and Heidi G.K. vonHeideman (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City Council hereby approves the terms of the Purchase Agreement for 3718 Central Avenue N.E. between the City of Columbia Heights and Heidi G.K. vonHeideman and authorizes the Mayor and the City Manager to sign it on behalf of the City at a purchase price of $70,000, which is established as the fair market value based on the amount being the price for the property offered for sale by the owner and the value being determined by comparison of formal appraisals of the property. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. The City Council approves payment of the purchase cost fi:om the City Community Development Block Grant Program funds. Passed this __. day of October, 2001 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) Meeting of: September 18, 2001 AGENDA SECTION: Items for ORIGINATiNG EXECUTIVE Consideration, Other Business DEPARTMENT: EDA DIRECTOR NO: 7-C-1 APPROVAL ITEM: Acquisition of 3718 Central Ave. NE BY: Randy Schumacher BY: DATE: September 11, 2001 BACKGROUND: In June of 2000, the consensus of the EDA Board was to use the CDBG funds to purchase residential property located at 3718 and 3722 Central Avenue. Based on that direction, Mr. Malcolm Watson completed appraisals on both properties. Funding for the purchase of this property is through the City's 1998 ($124,473), and 1999 ($34,417), CDBG Program. As per the application to Anoka County, these funds are to "address the problem of vacant, substandard residential or commercial/industrial structures in areas planned for future commercial development and redevelopment", such as Central Avenue. The owner at 3718 Central Avenue agreed on a purchase price of $70,000. A Purchase Agreement was drafted by City Attorney, Jim Hoefi along with a waiver of relocation benefits and was signed by Ms. Heidi G.K. vonHeideman, personal representative for the estate of Madeline Jeanette vonHeideman. A copy of the proposed Purchase Agreement and the relocation benefit waiver are attached. With the exception of final approval of the disbursement by Anoka County, which is anticipated shortly, the purchase is ready for consideration by the EDA and City Council. RECOMMENDATION: Staffrecommends the Board make recommend to the City Council approval of a resolution authorizing the purchase of 3718 Central Avenue for $70,000 from CDBG Funds. RECOMMENDED MOTION: Move to recommend City Council authorize a resolution to purchase the property at 3718 Central Avenue for $70,000 in CDBG funds. Attachments EDA ACTION: h:\consent Form2001\Acqulsition of 3718 Central Ave. MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT 3O 32 92 12O 122 123 127 145 238 239 24O 242 243 244 246 CHARLES M. SEYKORA BARNA. GUZY & ~.FFEN. LTD. ~ NOR~O~ ~ANC~L P~ 2~ COON ~P[DS BL~. MINN~L~S, ~N 55433-589~ 763-78~5~ $ B 7 B g 10 11 13 15 16 17 19 2O 21 22 23 25 27 28 3O 31 32 33 35 36 37 38 39 ,tO ¢1 ~3 47 4g 50 51 52 53 5S 57 5g 60 84 85 87 69 70 71 72 73 74 LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 (use only with Minnesota Standard Residential Purchase Agreement, Minnesota State Bar Association 1997) This a0dendum is a continuation of Paragraph 21 of the Purchase Agreement dated . ?nnl by and between Heidi C~ ~ Vnn Heldeman~. ~eJler and ¢.ity_o f_CaJumbia. Heig b.~.~ uy.er for the property located at or described as 371~_(~em:c~1 Avenue LEAD WARNING STATEMENT Every purchaser of any interest in re-~idemial rea/prope/"ty on which a res/dent/a/dwellln~ was built prior to 1575 i$ nor/f/ed ther such property may pre~ent exposure to/eed from lead-based paint that may p/ace young children et r~k of developing lead poisoning. Lead po/son/ny in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning a/so poses a pa~/cu/ar n~ to pregnant women. The Se/let of any interest in res/dent/a/rea/property /3 required to provide the Euyer w/th any information on/ead*bsse~ paint hazards from r~ assessments or inspections in the Seller's possess/on and notify the Buyer of any ~nown lead-based paint hazards. A ri$~ assessment or inspection for possible lead-based paint hazards/$ recommended prior to purchase. LEAD PAINT INSPECT[ON CONTINGENCY Buyer's obligations under this Purchase Agreement are contingent upon Buyer obtaining within 10 business days of the date hereof a risk assessment or inspection of the properW for possible lead-based paint end lead-based paint hazards, the results of which are acceptable to Buyer. This contingency ~halJ be deemed satisfied, and this Purchase Agreement shall be Jn fuji force and affect and binding upon Buyer and Seller,.unless. within 10 business days of the date hereof, Buyer notifies Seller in writing that the results of the risk assessment or inspection are unacceptable to Buyer. If Buyer notifies Seller of unacceptable results, this Purchase Agreement shall be null and void and aJJ earnest money shaft be refunded to Buyer. Buyer may waive in writing this contingency at any time. Seller's Disclosure fa) Presence of lead-based paint or lead-based paint hazards (check (ii or iii} below: (ii __ Lead,based paint or lead-based paint hazards are present in the housing [expiainl. (ii] .~ Seller has no knowledge of lead-based paint or lead-based paint hazards in the housing. fbi Records and reports available to the Seller Jcheck JJ) or (ii) below): Ii). __ Seller has provided Buyer with all records and reports in Seller's possession or reasonably obtainable by Seller pertaining to lead-based paint and lead-based paint hazards in the housing (list documents below). (i~) ~ Seller has no reports or records pertaining to lead-based paint or lead- based paint hazards in the housing. Buyer's Acknowledgment l/nit/al) Buyer has received copies of all information listed at (bi (ii above. id) Buyer has received the pamphlet Protect Your Family from Lead in Your Home. {e) V~ Buyer has (check ii) or (ii) below}: (ii __received a 10 business day opportunity (or mutually agreed upon ~eriod) to lead-based pain~ hazards; or (ii) ~/ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and lead-baaed pa!hr hazards. Agent's Acknowledgment {init/ali (fi Agent has informed Seller of Seller's obligations under 42 U.S.C,4852d and is aware of Agent's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided ia true and accurate. '~r~ * se,er Buyer Buyer STATEMENT OF OCCUP.~XrCy I, Heidi O. K. vonHeideman, as the Personal Representative of the Estate of Madeline Jeanette votffffeideman, state that the property located at 3718 Central Avenue South, Columbia Heights, Minnesota, has been unoccupied since February 25, 2001. Dated: Heidi O. K. vonHeideman Personal Representative Estate ofMadeline J'eanette vonHeideman CITY COUNCIL LETTER Meeting of: October 8, 2001 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: -~- /~ -~ Community Development APPR~OV~/f BY: Tim Johnson ~'~3~ BY:~/~ ITEM: Resolution 2001-57, Lot Split NO: Case # 2001-1016, 4401 Quincy Street NE DATE: October 3, 2001 Issue Statement: A request for a lot split of the property located at 4401 Quincy Street NE. Currently 4401 Quincy Street NE is made up of two parcels measuring 40 feet by 128 feet, and one parcel measuring 20 feet by 128 feet. Habitat for Humanity is proposing to split these properties in half, thereby creating two new parcels, each measuring 50 feet by 128 feet in size. Background: Section 9.410(4) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission, which shall make findings and submit its recommendation to the City Council; There are no previous Planning and Zoning Commission cases on this site. Analysis: The proposed lot split meets all the minimum requirements of the Zoning and Subdivision Ordinances. The proposed split would create two near identical parcels measuring approximately 50 feet by 128 feet in size. The proposed lots meet the minimum lot area requirements with well over the 4,500 square feet required for twinhome parcels (see survey for size). The proposed lot split will meet the setback requirements for construction of the twinhome units as well as the detached garages proposed. The twinhome structure will face Quincy Street, and will be consistent in appearance. The twinhomes will share a common wall on the lot line which will be a porch and entry way. The lot split also provides the City an opportunity to gain drainage and utility easements around the perimeter of these properties. This split is unique because it allows for a zero lot line concept, a first of its kind in Columbia Heights. Both twinhome units will be on separate parcels, will be defined by their legal descriptions, and will be taxed separately. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on October 2, 2001. They voted to recommend City Council approval of the lot split at it is consistent with City zoning and subdivision standards. Recommended Motions: Move to waive the reading of Resolution 2001-57, there being ample copies available to the public. Move to adopt Resolution 2001-57, a resolution approving a lot split of the property at 4401 Quincy Street NE. Attachments: StaJf Report; Resolution 2001-57; Completed application form; Certificate of Survey; Area map; Narrative; and Notice of Public Hearin~ COUNCIL ACTION: RESOLUTION NO. 2001 - 57 SUBDIVISION REQUEST CITY Of COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Julie Gugin, Vice President, for Twin Cities Habitat for Humanity, Inc., hereby request a split of PIN 35 30 24 11 0054 Legally described as: Lots 16, 17 and the South ~ of Lot 18, Block 11, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: Parcel A The South Half of Lot 18, and the North 30.00 feet of Lot 17, Block 11, Columbia Heights to Minneapolis, Anoka County, Minnesota. Subject to proposed easement described below. Annex Parcel B Lot 16 and that part of Lot 17 lying southerly of the northerly 30.00 feet thereof Block 11, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Subject to proposed easement described below. Proposed Easement A permanent easement for drainage and utility purposes over under and across the south 5.00 feet of Lot 16; the north 5.00 feet of the south half of Lot 18; the east 5.00 feet of Lots 16, 17 and the south half of Lot 18; and the west 10,00 feet of Lots 16, 17 and the south half of Lot 18, all in Block 11, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $38.68 are delinquent and are being certified to Anoka County to be added to the real estate taxes payable in 2002. There is currently a pending assessment in the amount of $1794.00 to be divided. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (~) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: APPROVED This 2nc~ dayof 0c~obe~ ,2001. Offered by: E]:tcson Seconded by: Yehle Roll Call: All Ayes CITY COUNCIL ACTION: /~'~gin, Viae F~Y/~sident of Twin ~ties fo uma ity, . S~re of ~n~t~d 3001 4~ St. SE, Minneapolis, MN 5~14 Owner's Address Telephone No. 612-331~090 SUBSCRIBED AND SWORN TO BEFORE ME this 2..~ day of ~'<~'~.,.-{,~-'~ , 2001. This day of ,2001. Offered by: Seconded by: Roll Call: OTARY PUBLIC - t,,INNESOTA ~MN ;~mYmPYE~xp. J.a~. 31.2~O~T'A5 ! Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Petarson FEE $150.00 DATE PAID 9-14-200 RECEIPT No.: 42666 Case: 2001-1016 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE OCTOBER 2, 2001 PUBLIC HEARING Case #: 2001-1016 GENERAL INFORMATION Owner: Address: Phone: Habitat for Humanity 4401 Quincy Street NE Columbia Heights, MN (612) 331-4090 Applicant: same Parcel Address: 4401 Quincy Street NE Zoning: R-2, Single and Two-Family Residential Comprehensive Plan: LDR, Low Density Residential Surrounding Zoning and Land Uses: Zoning North: R-2 South: R-2 East: R-2 West: R-2 Land Use North: Residential South: Jackson Pond East: Residential West: Residential BACKGROUND Explanation of Request: A request for a lot split of the property located at 4401 Quincy Street NE. Currently 4401 Quincy Street is made up of two parcels measuring 40 feet by 128 feet, and one parcel measuring 20 feet by 128 feet. Habitat for Humanity is proposing to split these properties in half, thereby creating two new parcels, each measuring approximately 50 feet by 128 feet. Case History: There are no previous Planning and Zoning Commission cases on this site. Case: 2001-1016 Page: 2 ANALYSIS Surrounding Property: The surrounding property in all four directions is zoned R-2, single and two-family residential and is used residentially. Technical Review: Section 9.410(5) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission, which shall make findings and submit its recommendation to the City Council. Section 9.903 of the Columbia Heights Zoning Ordinance regulates lot area, width, and yard requirements in the R-2 District, and Section 9.603 regulates accessory structures. Applicable requirements are as follows. Minimum lot size shall be 9,000 square feet for both twinhome lots or 4,500 for each twinhome lot - Parcel "A" will be 6,444 square feet and Parcel "B" will be 6,443 square feet, both of which meet and exceed minimum lot size requirements. Minimum lot width shall be 60 feet - Both parcels together are 100 feet wide, exceeding requirements. Front yard shall be a minimum of 25 feet - The proposed twin_home building on Parcel A will be 25.41 feet from the front property line, and the proposed twinhome building on Parcel B will be 25 feet from the front property line. Rear yard shall be 20% of lot depth - The proposed twinhome buildings on Parcel A and Parcel B will both meet this requirement. Side yards shall be at least five feet - The proposed twinhomes on Parcel A and Parcel B will meet all setbacks fi.om side property lines, which exceed 5 feet. The comer side yard setbacks will be approximately 18 feet, also exceeding requirements. Detached accessory structures shall be at least 3 feet away from side and rear property lines - The proposed detached garage for Parcel A will be 5 and 25 feet from the north and south side yard property lines respectively, and the detached garage for Parcel B will be 16 and 14 feet from the north and south side yard property lines respectively. Any lot over 6,500 square feet may have a lot coverage of up to 30% - the lot coverages on Parcel A and Parcel B will be well under 30%, so the proposal meets these requirements. The survey submitted includes perimeter easements of five (5) feet on the north, east, and south property lines, as well as a ten (10) foot easement on the west property line facing Quincy Street, as requested by the City Engineer. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area as future low-density residential development. Case: 2001-1016 Page: 3 Summary: The positive aspects of this proposal are as follows. 1. The proposal is consistent with the City Comprehensive Plan and meets the minimum requirements of the Columbia Heights Zoning Ordinance. 2. This will be the first twinhome constructed in the City of Columbia Heights. CONCLUSION Staff Recommendation: Staff recommends approval of the lot split as it meets the technical standards of the Zoning Ordinance and is consistent with the City Comprehensive Plan. Recommended Motion: Move to recommend City Council approval of the lot split as it is consistent with City subdivision standards. Attachments: Completed application form; Certificate of Survey; Area map; Resolution; and Notice of Public Hearing R.24 4500 ~ 4504 45TH AVE -- 4348 4256 4250 4244 4242 4256 4252~ 4257 4253 4249 4247 4243 4237 4233 4258 ¢252 4248 4244 4240 4256 4252 44TH 4553 4356 4349 4350 4344 4547 4341 4336 4333 4323 4328 4321 4324 4319 4322 4311 4312 ~ 4304 ~ 707 4300 43RD 4255 4252 4251 4250 4245 -- 424~' 4243 4242 4239 4238 4235 4232 AVE 4301 4257 4256 4251 4250 4247 4246 4243 4240 4237 4238 ~4233 -- 4228 4300 4257 4256 4250 4245 -- -- 4244 4241 4240 4237 4236 4233 4230 Twin Cit, ie~ HAI~ITAT FOR HUMANITY Building Community 3001 Fourtl~ Street SE Minneapolis MN 55414 612 331 4090 Fax 612 331 1540 wwx~ tcl~abitat o~g September 12, 2001 Mr. Tim Johnson City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 Dear Tim: Enclosed is our application for Administrative Lot Split for the property at 4401 Quincy Street NE. We are requesting that the existing tax parcel be divided in accordance with the survey that accompanies our application. Our objective is to build a twin home on the lot line that would be created as a result of the split, thus creating two new units of housing. Our research indicates we would meet all the lot size and setback requirements and comply w~th the existing zoning code that applies to the property. As you know, the City has an agreement with the current owner for purchase of the property. Shortly thereafter, our organization will acquire the property from the City. We anticipate that we will be in title to the property by October 10. Please process our application as soon as possible. It is my understanding that our request for the lot split will be reviewed by the Planning Commission on October 2, and we would like to apply for a building permit as soon after that date as possible, provided the proposed lot split is approved. Please contact me at (612) 331-4090, extension 672, or Bill Powell at extension 638, with any questions or concerns you may have. Your help is appreciated. Matt Soucek Real Estate Associate CC: Julie Gugin, TCHFH Ryan Karis, TCHFH Bill Powell, TCHFH Equal Housing Opportunity Agency / Equal Opportunity Employer Sep ll O1 12:45p Col Hcts Comm Der Dept [763] 70~-3671 p.2 Application For: Rezonin§ Variance Privacy Pence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUMBIA HEIGHTS X (Lot Spilt) Application Dat~: Sept. 12. 200] Case No: Keceipt No: Date Paid 3. Applicant: 4. Name: Twin ~i~i~ ~ahi~ For ~mmnity. In~. (TCHFH) Address: 3001 4th St. SE. M_Di~.. MN 55414 Phone: (612) 331-4090 Street Address of Subject Property: 44hl Q,,;~y ~f.. ~ (PIP qK-~0-24-11-0054) LeEal Description of Subject Property: Lots 16. 17. and the South 1/2 of Lo~ 18~ Name: Gary J. Pikala Address: Phone: 5. Description of Request: Divide the existin~ ta~ parcel into two tax parcels in accordance wi th th~ ~n~ln~ ~n~-u~y_ Zoning: Applicable City Ordinance Number Present Zonin§ R2 Ree~d~ntial Present Use ~esident~a] ~inq]~-F~m~ly Section Proposed Use Re~. ~inglm--P~m~l~ are Gained. Exhibits Submitted (maps, diagrams, etc.) ~fo~ertv survey ehowinc proposed boundaries. Acknowledgment and Signature: The undersisned hereby represents upon all of the penalties of law, for the purpose of inducin§ the City of Columbia Heights to take the action herein requested, t.~A~all statements herein are true and that all work herein mentioned will be done ~I'ac~brdance w~ the 0r~ance$ o~ the City of Columbia Heights and the laws of the St~t. of/,innesot,. / -- J~iie-GuSh, ~i~adent ~ Taken By: T~d Ym~l~ PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, October 2 2001. The order of business is as follows: A request for a lot split of the property located at 4401 Ouincy Street NE. The current property measures approximately 100 feet by 129 feet and consists of 2 1/2lots. The proposed split will allow for a twinhome which will split these lots down the center, thereby creating two new lots. Section 9.410 of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission, which shall submit its findings and provide a recommendation to the City Council. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager 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 706-3611, to make arrangements. (TOD/706-3692 for deaf or hearing impaired only.) QUINCY STREET j 99.95 Ue~.s ,I CITY COUNCIL LETTER Meeting of October 8, 2001 No.AGENDA SECTION: Ordinance -'~ - A _~ ORIGINATING DEPARTMENTpoLiCE APPROVAL.'CITY MANAGER ITEM: Ordinance No. 1441, eliminating taxicab licensing BY: Thomas M. Johnson BY: //J~ in Columbia Heights and setting requirements for DATE: October 1, 2001 DATW. ~' taxicabs within the city. NO. BACKGROUND In May 2000 the Chief of Police was designated as the liaison to the Technical and Policy Committees of the Metropolitan Council Taxi and Passenger Services Task Force. This committee was charged with trying to find a way to license taxicabs and taxi drivers regionally instead of by each individual city or entity. During my year and a half on this committee, I found there could be agreement between the major cities such as Minneapolis, St. Paul, Bloomington and the Minneapolis-St. Paul International Airport on how to go about this process, but this left very little interaction or input from the smaller cities such as Columbia Heights, St. Louis Park, and Golden Valley. We were listened to, but the main focus was on the big three or four entities. At this point it appears that the four main entities named will be entering into a joint powers agreement for the licensing of taxicabs and taxi drivers. They will be inspecting cars, training cab drivers and licensing cab drivers together. This leaves the other cities to be associate members of the joint powers agreement if they desire. ANALYSIS/CONCLUSION The City Manager and Police Chief have discussed our options in this process and we are proposing we amend our current taxicab ordinance in order to open up the number of possible vendors to our community. It is being suggested that we amend the current ordinance to allow any taxicab and taxicab driver that is licensed by any other political subdivision or the Minneapolis-St. Paul International Airport to be allowed to pick up and drop offpassengers in our community. By doing this we can let the consumer be the controlling entity. If they receive poor service from one cab company, they will be allowed to go to another rather than being restricted to the few that are currently licensed in our city. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1441, there being ample copies available to the public. RECOMMENDED MOTION: Move to approve Ordinance No. 1441, being an Ordinance amending Ordinance 853, City Code of 1977, eliminating taxicab licensing in Columbia Heights and setting requirements for taxicabs within the city. COUNCIL ACTION: ORDINANCE NO. 1441 BEING AN ORDINANCE AMENDING ORDINANCE 853, CITY CODE OF 1977, ELIMINATING TAXICAB LICENSING IN COLUMBIA HEIGHTS AND SETTING REQUIREMENTS FOR TAXICABS WITHIN THE CITY The City of Columbia Heights does ordain: No person shall engage in or operate a taxicab business and pick up persons for hire in the course of such business within the City limits, without a taxicab driver and taxicab license to operate in another political subdivision in this state, including the Minneapolis-St. Paul Intemational Airport. A driver and cab so licensed may carry passengers to any place or point within the city and may solicit or pick up business within the city. 1. For purposes of this section, the following words shall have the meanings ascribed to them: "Taxicab" shall mean any motor vehicle engaged in the carrying of persons for hire, either over a fixed route, operated from a street stand, subject to calls from a garage, or otherwise operated for hire; but the term shall not include vehicles subject to control and regulation by the State Railroad and Warehouse Commission, the Metropolitan Transit Commission, or vehicles regularly used by undertakers. b) "Street" shall mean and include any street, alley, avenue, court, bridge, lane or public place in the City. c) Operator" shall mean any person who drives a taxicab, whether such person be the owner of such taxicab or an employee of said owner. d) "Owner" shall mean any person owning or having control of the use of one or more taxicabs for use in a taxicab business, whether or not said owner is a taxicab operator. e) "Taxicab Stand" shall mean any public place which is exclusively reserved by authority of the City for the use of taxicabs. "Taximeter" shall mean any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either by distance traveled or waiting time or both, and upon which such charge shall be indicated by figures. Every taxicab under this section shall have some designation of the character of the vehicle painted in plain visible letters on each side thereof. a) A card printed in plain legible letters shall be displayed inside each taxicab and shall indicate the maximum rates that are to be charged, the name of the operator; together with a statement that articles lost in the taxicab will be forwarded to the City, Police Department, where they may be identified and claimed, and the statement "Ask the Driver for Bill and Receipt" in bold type. b) Every taxicab shall be equipped with a taximeter. Each taximeter shall be sealed with case and gear intact, and shall be semi-annually certified and checked for accuracy and working condition by an agency qualified to perform such service. Each taximeter shall be kept in plain view of the passenger and shall be maintained in good and accurate working order at all times. c) Rates charged by taxicabs for conveyance in this City shall be the same as the rates set by the political subdivision the taxi is licensed out of. Upon request therefore, every passenger shall be given a receipt upon payment of his fare. d) When in operation, taxicabs not carrying passengers shall be parked at stands designated for that purpose from time to time by Resolution of the Council. Said Resolution shall also designate the number of taxicabs which may be stationed at any such stand. e) The taxicab drive shall maintain proof of an insurance policy with an insurance company duly licensed to transact such business in this State; insuring against loss from the liability imposed by law for damages on account of bodily injuries or death, or for damages to property resulting from the ownership, maintenance or use of any taxicab in the taxicab at all times. The limit in such insurance policy of such taxicab shall not be less than One Hundred Thousand Dollars for bodily injuries to or death of one person and Three Hundred Thousand Dollars on account of any one accident resulting in injuries and/or death to more than one person, and a total ofTen Thousand Dollars liability for damages to property of others, arising out of any one accident. This policy shall be presented to any police officer upon request. Every taxicab operator shall be subject to the below named regulations. The operator and the vehicle owner shall jointly insure enforcement of such regulations. a) All operators shall be clean and courteous at all times. b) No operator shall carry any person other than the passenger first employing a taxicab without the consent of such passenger. c) No operator shall charge or attempt to charge any passenger a greater rate of fare than that established by the political subdivision that licensed the taxicab. d) No operator shall knowingly deceive with the intent to defraud any passenger who may ride with him, or who may desire to ride in his vehicle, as to his destination or distance to be traveled. e) No operator shall solicit passengers as fares except when traveling around the streets or at a regularly designated stand. No operator shall alight from his taxicab at any time for the purpose of soliciting passengers, provided that this shall not prohibit any driver from alighting from his taxicab to assist a passenger entering or alighting from his taxicab. f) Each operator shall forward lost articles found in his taxicab to the Police Department. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: September 24, 2001 Second Reading: October 8, 2001 Date of Passage: Offered by: Seconded by: Roll Call: Mayor GaryL. Peterson Attest: Patricia Muscovitz, Deputy City Clerk PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING OCTOBER 2, 2001 7:00 PM The meeting was called to order at 7:00 pm by Chairperson Ramsdell. Roll Call: Commission Members present-Ramsdell, Schmitt, Johnson and Yehle. Commission Member Ericson arrived at 7:01 pm Also present were Tim Johnson (City Planner) and Shelley Hanson (Secretary). Motion by Yehle, seconded by Schmitt, to approve the minutes from the meeting of September 4, 2001. All ayes. MOTION PASSED. PUBLIC HEARINGS A. Lot Split Case #2001A016 Habitat for Humanity 4401 Quincy Street NE Planner Johnson explained that Habitat for Humanity has requested a lot split of the property located at 4401 Quincy Street NE. Currently 4401 Quincy Street is made up of two parcels measuring 40 feet by 128 feet, and one parcel measuring 20 feet by 128 feet. Habitat for Humanity is proposing to split these properties in half, thereby creating two new parcels, each measuring approximately 50 feet by 128 feet. He noted the surrounding property in all four directions is zoned R-2, single and two-family residential, and is used residentially. Section 9.410(5) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission, and submit its recommendation to the City Council. Section 9.903 of the Columbia Heights Zoning Ordinance regulates lot area, width, and yard requirements in the R-2 District, and Section 9.603 regulates accessory structures. Applicable requirements are as follows. Minimum lot size shall be 9,000 square feet for both twinhome lots or 4,500 for each twinhome lot - Parcel "A" will be 6,444 square feet and Parcel "B" will be 6,443 square feet, both of which meet and exceed minimum lot size requirements. Minimum lot width shall be 60 feet - Both parcels together are 100 feet wide, exceeding requirements. Front yard shall be a minimum of 25 feet - The proposed twinhome building on Parcel A will be 25.41 feet from the front property line, and the proposed twinhome building on Parcel B will be 25 feet from the front property line. PLANNING & ZONING COMMISSION MINTUES OF THE MEETiNG OF OCTOBER 2, 2001 PAGE 2 Rear yard shall be 20% of lot depth - The proposed twinhome buildings on Parcel A and Parcel B will both meet this requirement. Side yards shall be at least five feet - The proposed twinhomes on Parcel A and Parcel B will meet all setbacks from side property lines, which exceed 5 feet. The comer side yard setbacks will be approximately 18 feet, also exceeding requirements. Detached accessory structures shall be at least 3 feet away from side and rear property lines - The proposed detached garage for Parcel A will be 5 and 25 feet from the north and south side yard property lines respectively, and the detached garage for Parcel B will be 16 and 14 feet from the north and south side yard property lines respectively. Any lot over 6,500 square feet may have a lot coverage of up to 30% o the lot coverages on Parcel A and Parcel B will be well under 30%, so the proposal meets these requirements. The survey submitted includes perimeter easements of five (5) feet on the north, east, and south property lines, as well as a ten (10) foot easement on the west property line facing Quincy Street, as requested by the City Engineer. The positive aspects of this proposal are as follows. 1. The proposal is consistent with the City Comprehensive Plan, which designates this area as future low-density residential development, and meets the minimum requirements of the Columbia Heights Zoning Ordinance. 2. This will be the first twinhome constructed in the City of Columbia Heights. Habitat for Humanity will be demolishing the existing structure on the site as it is substandard. Staff recommends approval of the lot split as it meets the technical standards of the Zoning Ordinance and is consistent with the City Comprehensive Plan. Ramsdell asked for a clarification of the difference between a twin_home versus a double bungalow. Planner Johnson explained that even though you have the same number of living units, a twinhome, with a zero lotline, actually creates two single family homes. They have separate legal descriptions and would therefore, be two separate tax parcels, rather than one taxable parcel of a double bungalow. Ramsdell asked if the Fire Dept. had looked at the plans yet, and whether they had any issues with the project. Johnson responded that they have not yet seen the plans, but they will be reviewing them during the permit process. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF OCTOBER 2, 2001 PAGE 3 The Commissioners discussed how the outside maintenance of the structures would be handled in the future. They were concerned that roofing, siding, or additions could be done piece meal and would detract fi.om the appearance of the structure. They questioned what the best way to address this issue would be. Planner Johnson stated the Commission and/or City cannot attach conditions or restrictions on a lot split request, however, an amendment to the Zoning Ordinance could be made to address the long term appearance/maintenance for this new type of housing. The other possibility discussed was to require a shared maintenance agreement to cover all future owners. Planner Johnson was directed to speak with the City Attorney to seek information on the best way to address this concern. The Commission contemplated tabling the approval of the lot split until this could be resolved. Once the lot split is approved, building permits can be issued. Therefore, it is imperative for the City to see that this issue is addressed prior to that happening. The commission decided not to hold up the lot split, but directed Planner Johnson to check into the course of action that should be taken. Motion byEricson, seconded byYehle, to recommend City Council approval of the lot split as it is consistent with City subdivision standards. All ayes. MOTION PASSED. NEW BUSINESS A. Purchase of Property at 3718 Central Avenue The existing single-family home at 3718 Central Avenue is in the process of being acquired by the City. The single-family home is considered non-conforming and is dilapidated in nature. This property is intended for future commercial revitalization purposes. However, there is no specific plan as to what purpose the land will be used for. Minnesota Statute 462.356 requires that ifa City has a Comprehensive Plan, it must notify the Planning Commission of the intent to purchase or sell land. The newly adopted City Comprehensive Plan designates this property for commercial use. A future commercial use of this site would be consistent with the Comprehensive Plan. Motion by Ramsdell,, seconded byYehle, to support the action of the City of Columbia Heights to acquire the property at 3718 Central Avenue NE, provided the future development of this parcel remains consistent with the City Comprehensive Plan. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF OCTOBER 2, 2001 PAGE 4 STAFF REPORT Planner Johnson enclosed some articles related to Planning issues in the agenda packets for the commissioners to review. Planner Johnson also informed the commission members that Mr. Abraham, who was seeking an amendment to the accessory structure portion of the Zoning Ordinance, has obtained a building permit to turn two of his attached garage stalls into additional living space so he can build a larger detached structure. His new plans are permitted under the present language in the Zoning Ordinance. Motion by Yehle, seconded by $chmitt, to adjourn the meeting at 7:40pm. Respectfully submitted, Shelley Hanson Secretary THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, SEPTEMBER 20, 2001 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. The meeting was held at the Roseville Headend Studio so that a tour of the facility could take place. Scott Melter, Director of Technical Engineering conducted the tour. ROLL CALL: Commission Members: Council Representative: City Representative: AT & T Broadband Rep: Legal C~unsel: Dennis Stroik, Reuben Ruen, Dan Swee, and Bob Buboltz Bruce Nawrocki Jean Kuehn and Linda Magee Kathi Donnelly-Cohen Stephen Guzzetta APPROyAL OF MINUTES Motion by Bruce Nawrocki, seconded by Dan Swee, to approve the minutes from the meeting of ,luly 19, 2001. All ayes. OLD BUSINESS A. Channel Check No channel check was performed. The variation of sound levels between channels was discussed with Scott Melter during the tour of the studio. Bo Correspondence Log and Complaint Follow Up. There were no complaints received by the City since the last meeting. However, Bruce Nawrocki reported he is having trouble with reception on channels 2, 4, and sometimes 5. There is constant ingress on each of these channels. Kathi is going to schedule a service call for him. She explained that the outside connections or fittings could be faulfy. A service tech will be dispatched to correct the problem. C Franchise Fee Analysis Update Steve Guzzetta reported the Ramsey-Washington Commission has come to an agreement on the figures. However, there are still four legal issues dealing with accounting issues/practices that need to be discussed further. If no agreement is reached in these areas, Maplewood will need to decide if they will pursue the matter through legal channels. TELECOMMUNICATIONS MEETiNG MINUTES OF SEPTEMBER 20, 2001 PAGE 2 2000 Annual Report-Remaining Outstanding Items *The Guidelines for Community Television Channel 15 Equipment/Facilities were re- submitted--see July minutes. *The attachments for Form 395 were provided--see July minutes. *The financial statements with verification by an accountant required an audit to be performed. This document will be ready by October 5% Therefore, we will review the Annual Report and consider accepting it at the October meeting. PLEASE BRING YOUR COPY OF THE ANNUAL REPORT TO THE OCTOBER MEETING. Review of Forms 1240 and 1205 for Rate Increase Effective July 1, 2001 Columbia Heights is in a coalition of cities for the review the 1240 and 1205 forms for the rate increase that took effect July 1, 2001. All forms and orders issued during the last 4-5 years were reviewed during this process to ensure that they were correctly submitted. There is a meeting scheduled for next week with the administrators of the various cities to discuss the findings. The figures on the 1205 Form were based on national costs, not local costs. This is something that will be discussed at the meeting. Steve Guzzetta also informed the commission that according the Our Policy and Procedures for Rate Regulation the City Council needs to hold a Public Hearing on this issue. This will be scheduled within the next two months. Other Old Business There was no other old business. NEW BUSINESS A. Franchise Fee Payment for 2na Quarter The franchise fee payment of $33,981.78 was received. TELECOMMUNICATIONS COMMISSION MINUTES OF SEPTEMBER 20, 2001 PAGE 3 REPORTS MACTA 18~ Annual Conference in October Enclosed in the agenda packets was information on the 18~ Annual Conference that will be held October 25-26, 2001. Anyone interested in attending, contact Jean Kuehn before September 28th so the registration can be processed. Brace noted that he felt the cost for this conference was very high. Digital Access Service Available to Subscribers September 1, 2001 Notice was received regarding Digital Services that will be available to subscribers on an ala carte basis, for those not wishing to subscribe to a full package. Other New Business There was no other new business. Report of Commissioners Educational-Nothing to report Government- Nothing to report Library-Nothing to report Public-Nothing to report Report of AT& T Broadband- Nothing further to report. It was noted, we had not received the monthly report that is usually submitted by AT & T Broadband. Report of the Cable Attorney Steve Guzzetta reported on a case recently heard in the New York Courts regarding what defines commercial programming and what is, and is not allowed to be nm on access channels. Report of the Assistant to the City Manager There was nothing further to report. Motion byBob Buboltz, seconded byReuben Ruen, to adjourn the meeting at 8:06pm. All ayes. Respectfully submitted, Shelley Hanson Secretary