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HomeMy WebLinkAboutApril 13, 1998 RegularAGENDA FOR THE REGULAR M~ETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, APRIL 13, 1998 7:00 P.M. CITY COUNCIL CHAMBERS, CITY, HALL, 590 40TH AVENUE NE Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 1. CALL TO ORDER/ROLL CALL(CommencementofCablecastingofRegMtg on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (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 previous portion of agenda, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) - A. Move to adopt the consent ag,vnda items as listed below: 1) Approval of Minutes of the March 9, 1998 Reg. Council Meeting and the Public Hearing 2) Establishment of Date for Special Election Canvass 3) Establish a Joint Meeting with Telecommunications Commission 4) Landing of Air National Guard Helicopter at Huset Park for Safety Camp 5) Medtronic's Foundation's Funding of a Traveling Puppet Wagon 6) Establish Hearing Date for License Revocation - 1206-08 Circle Terrace 7) Order LED Signal Heads and EVP System for Phase II Signal Work on Central Avenue 8) Approval of TH65/TH694 Plans for MnDOT - Resolution No. 98-43 9) Approval of Plans for Sealcoating State-Aid Streets and Authorize Advertisement forBids 10) Approval of Street Excavation Permit for Minnegasco 11) Renewal of Class B Gambling License for ICC for Activities Held at the Church 12) Premise Permit Renewal/Application for ICC at Mady's Bowling Center 13) Premise Permit Renewal/Application for ICC at Tycoon's 14) 1999 Budget Schedule 15) Advertising at Top Valu 16) Payment of the Bills 17) Approval of License Applications 18) First Time Homebuyer Program 5. RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS AND GUESTS A. Recognition - Introduction of New Employees J. Watson, Maintenance I-Parks, S. Briley, Library Clerk, L. Okerstrom, Officer B. Proclamation - National Library Week - April 19-25, 1998 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Res. No. 98-42 Adopting the Goals Program for Columbia Heights B.Bid Considerations None C. Other Business 1) Conditional Use Permit - Ace Hardware, 2261 37th Avenue N.E. 2) Res. No. 98-41 Lotsplit, Conditional Use Permit, Variances and Plat -1675 44th Ave 3) CUP - 1500 49th Avenue 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the Ci_ty Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) March 25, 1998 Park & Recreation Commission Meeting 2) March 17, 1998 EDA Meeting 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOURNMENT WF/js Mayor CiTY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-28( FILES ADMINISTRATION APRIL 8, 1998 Waiter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, April 13, 1998 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. MOTION: Move to Adopt the Consent Agenda as Follows: 1) ...Approval of Council Meeting Minutes MOTION: Move to approve the minutes of the March 9, 1998 Regular Council Meeting and the March 9, 1998 Public Hearing. 2) Establishment of Date for Special Election Canvass MOTION: Move to establish Wednesday, April 22, 1998 at 5:00 p.m. as the date and time for the canvass of the April 21, 1998 Special Election to be held in the Council Chambers located in the Columbia Heights City Hall, 590 40th Avenue Northeast, Columbia Heights, Minnesota. Page 1 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER COUNCIL MEETING AGENDA APRIL 13, 1998 PAGE 2 3) Establish a Joint Meeting with Telecommunications Commission MOTION: Move to establish a special meeting of the City Council and the Telecommunications Commission for Thursday, May 21, 1998 at 7:30 p.m. 4) Landing of Air National Guard Helicopter at Huset Park for Safe _ty Camp MOTION: Move to approve the landing of the Air National Guard helicopter for the 1998 Safety Camp held on August 19, 1998 located at Huset Park with an approximate landing time of 9:15 a.m. and a tentative departure of 10:15 a.m. 5) Medtronic's Foundation's Funding of a Traveling Puppet Wagon MOTION: Move to accept the grant award in the amount of $4,250 for the 1998 Summer Traveling Puppet Wagon. 6) Establish Hearing Date for License Revocation - 1206-08 Circle Terrace MOTION: Move to establish a hearing date of April 27, 1998 for revocation or suspension ora license to operate a rental property within the City of Columbia Heights against the above-name property owner, Kurt Lowenthal for property located at 1206-08 Circle Terrace. 7) Order LED Signal Heads and EVP System for Phase II of City Signal Work on Central Avenue MOTION: Move to authorize staffto purchase LED signal heads from Brown Traffic Products in the amount of $5,952.29 and EVP Detectors and Phase Selectors from Rennix Corporation in the amount of $18,674.78 for second phase of signal revisions on Central Avenue; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 8) Approval of TH 65/TH694 Plans for MnDOT - Resolution No. 98-43 MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-43 being a resolution approving the plans dated February, 1998, prepared by MnDOT, for work on TH 65 and TH 694, north of 53rd Avenue. 9) Approval of Plans for Sealcoating State-Aid Streets and Authorize Advertisement for Bict~ MOTION: Move to approve joint and crack sealing and sealcoating of City State-Aid Streets east of Central Avenue and authorize advertisements for bids. 10) ....Approval of Street Excavation Permit for Minnegasco MOTION: Move to approve Excavation Permit for Minnegasco on Polk Street, South of 40th Avenue and on Buchanan Street, north of 37th Avenue for the purposes of system testing. Page 2 COUNCIL MEETING AGENDA APRIL t3, 1998 PAGE 3 11) Renewal of Class B Gambling License for Immaculate Conception Church for Activities Held at the Church MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for the Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 12) Premise Permit Renewal/Application for Immaculate Conception Church at Mad¥'s Bowling Center MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B premise permit for the Church of Immaculate Conception in conjunction with activities at Mady's Bowling Center, 3919 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 13) Premise Permit Renewal/Application for Immaculate Conception Church at Tycoon's MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B premise permit for the Church of Immaculate Conception in conjunction with activities at Tycoon's, 4952 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 14) 1999 Budget Schedule MOTION: Move to adopt the above budget calendar for the preparation and the review of the 1999 City budget. 15) Advertising at Top Valu MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Cities 97 for advertisements of liquor store merchandise and hours at a cost of $735 per week for a total cost of $5,880.00. 16) Pa.wnent of the Bills MOTION: Move to pay the bills as listed out of proper funds. 17) Approval of License Applications MOTION: Move to approve the license applications as listed. 18) First Time Homebuyer Pro,am (MHFA MCPP) MOTION: Move to approve the Minnesota Housing Finance Agency Minnesota Cities Participation Program (MCPP) Program Application - Commitment Agreement and to approve the payment of the allocation deposit and processing fee in the total amount of $4,953.03 out of proper funds; and furthermore, to authorize the City Manager to enter into an Agreement for the same. Page 3 COUNCIL MEETING AGENDA APRIL 13, 1998 PAGE 4 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS AND GUESTS A. Recognition 1) Introduction of New Employees Joshua Watson, Maintenance I - Parks Shari Briley - Library Clerk Lee Okerstrom - Police Officer B. Proclamations 1) National Library Week - April 19 - 25, 1998 C. Presentation None 6.PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-42 Being a Resolution Adopting the Goals Program for the City of Columbia Heights MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-42 being a resolution adopting the goals by priority of the City of Columbia Heights. B. Bid Considerations None C. Other Business 1) Conditional Use Permit - 2261 37th Avenue Northeast - Ace Hardware MOTION: Move to approve the conditional use permit for 2261 37th Avenue N.E. with a condition to submit a $500 deposit to the License/Permit clerk prior to installation of the structures on the site. Page 4 COUNCIL MEETING AGENDA APKIL 13,199g PAGE 5 2) Resolution No. 98-41 Being a Resolution to Allow a Lotsplit at 1675 44th Avenue and Approval of a Condtitional Use Permit, Variances and Plat for Case No. 9804-20, 1675 44th Avenue MOTION: Move to waive the reading of Resolution No. 98-41 there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-41 being a lotsplit request for 1675 44th Avenue Northeast. MOTION: Move to approve the conditional use permit to allow a low income Senior Housing Complex (retirement home) in the R-3 zoning district, subject to the following conditions: 1) Solid waste material shall be so located and fenced as to be removed from public view. 2) Mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material so that such equipment is not visible at street level or from neighboring properties. 3) Lighting shall be directed away from adjoining properties and public right-of-way. 4) Water mn-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. 5) All required state and local codes, permits and inspections will be met and in full compliance. 6) All loading and unloading must be performed on site and not encroach into the public right-of-way. MOTION: Move to approve variances to Sections 9.116(4)(t), 9.116(2)(d), 9.109(4)(a)(iv), 9.109(4)(a)(v) because strict adherence to the provisions of this Ordinance would create a hardship to the landowner. MOTION: Move to table the plat request until Crest View Corporation provides the necessary information. 3) Conditional Use Permit - Case #9804-21, 1500 49th Avenue Northeast MOTION: Move to approve the conditional use permit for the band room and media center additions, subject to the following conditions: 1) All required state and local codes, permits and inspections will be met and in full compliance. 2) A parking plan shall be submitted for review and approval by staffprior to the issuance of any building permits. 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager B. Report of the City Attorney Page 5 COUNCIL MEETING AGENDA A~RIL 13, I~P~ PAGE 6 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) March 25, 1998 Park and Recreation Commission Meeting 2) March 17, 1998 EDA Meeting 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunit~y to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City Manager WF/js Page 6 OFFICIAL PROCEEDINGS COLU/VfB~ HEIGHTS CITY COUNCiL REGULAR COUNCIL MEETING MARCH 9, 1998 1. CALL TO ORDER/ROLL CALL Mayor Sturdevant called the meeting to order at 7:00 p.m. Present were Mayor Sturdevant and Councilrnembers Szurek, Jolly, Ruettimann and Peterson. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO THE AGENDA There were no additions nor deletions to the agenda. CONSENT AGENDA (Items on the consent agenda are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion. Items removed from the Consent Agenda are taken up as the next order of business.) A. Consent Agenda Motion by Ruettimann, second by Peterson to approve the consent agenda with the following items: 1) Approval of Council Meeting Minutes The Council approved the minutes of the February 23, 1998 Regular Council Meeting and the minutes of the February 23, 1998 Public Improvement Hearing as presented. 2) Fluorescent Bulb Collection - Saturday, May 2, 1998 The Council authorized the Mayor and City Council to enter into a contract with NSP for the collection of spent fluorescent bulbs from residential and small businesses in Columbia Heights and surrounding communities served by N.S.P. Expenses related to this collection will be reimbursed by Northern States Power Company. 3) Resolution No. 98-34 Being a Resolution Approving Cooperative Agreement No. 77081 with Mn/DOT for the Use of 44th Avenue as a Temporary Detour Route The reading of the resolution was waived there being ample copies available for the public. 1R.EGULAR COUNCIL MARCH 9, 1998 PAGE 2 .RESOLUTION NO. 98-34 AUTHORIZING AGREEMENT NO. 77081 WITH MINNESOTA DEPARTMENT OF TRANSPORTATION TO PROVIDE TEMPORARY DETOUR OF 0.3 MILES OF 44TM AVENUE N.E. FROM UNIVERSITY AVENUE TO MAIN STREET FOR THE 1998 CONSTRUCTION SEASON WHEREAS, the City Council of Columbia Heights is to provide a temporary detour from University Avenue to Main Street for the 1998 construction season, and WHEREAS, the Minnesota D~artrnent of Transportation stipulates the use 0.3 miles of 44'h Avenue as a temporary detour from University Avenue to Main Street for the 1998 construction season, and WHEREAS, the State of Minnesota agrees to provide payment for the use of 44m Avenue N.E. as a detour route during the grading, surfacing and bridge construction and other associated construction to be performed upon, along and adjacent to Trunk Highway 47 (University Avenue N.E.) from Main Street (west City limits) to Trunk Highway No. 47 within the corporate City limits under State Project No. 2726-61 (T.H. 47 = 156). NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into an agreement with the State of Minnesota, Department of Transportation, and authorize the Mayor and the City Manager to execute Agreement No. 77081. Dated this 9th day of March, 1998. Offered by: Ruettimarm Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights REGULAR COUNCIL MEETING MARCH 9, 1998 PAGE 3 I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of the City of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 9th day of March, 1998, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk 4. Resolution No. 98-35 Being a Resolution Regarding a Metropolitan Grant Study for Inflow/Infiltration (I/I) Reduction The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-35 BEING A RESOLUTION TO SUBMIT A METROPOLITAN GRANT APPLICATION UP TO $10,000 FOR INFLOW/INFILTRATION (I/I) REDUCTION AND DESIGNATE THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S PRIMARY CONTACT WITH THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) WHEREAS, the City Council of Columbia Heights supports the reduction of Inflow/Infiltration (I/i) into the sanitary sewer system, and WHEREAS, the Metropolitan Council Environmental Services has made available a grant program for Inflow/Infiltration reduction, and WHEREAS, a matching dollar commitment will be provided by the City of Columbia Heights in the form of in-kind services or cash contributions, NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Public Works Director to submit a Metropolitan Grant Application up to $10,000 for Inflow/Infiltration (I fi) reduction and designates the Director of Public Works as the City's primary contact with the Metropolitan Council Environmental Services (MCES). REGULAR COUNCIL MEETING MARCH 9, 1998 PAGE 4 Dated this 9~ day of March, 1998. Offered by: Ruettimarm Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing resolution is a true and correcl copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 9~h day of March, 1998, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk 5. Award of Plato Mixed Bituminous Materials The Council awarded the bid and authorized the Mayor and CiD' Manager to enter into an agreement to purchase flue 1998 Plant Mixed Bituminous Materials and dispose of concrete/asphalt rubble based upon the low formal bids received at the unit prices. 6. Award of Road Aggregates The Council awarded the bid for and authorized the Mayor and City Manager to enter into an agreement to purchase Road Aggregate Materials for the 1998 season based upon low formal bids received at the unit prices. 7. Supplemental Agreement No. 1 for Retaining Wall Project #9530 The Council authorized Supplemental Agreement No. 1 substituting certain landscaping items for the retaining wall project on the south side of44'h Avenue N.E. to Sum'am Construction in the amount of $3,326.75. REGULAR COUNCIL MEETING MARCH 9, 1998 PAGE 5 8. Resolution No. 98-36 Being a Resolution Authorizing Agreement with Mn/DOT The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-36 AUTHORIZING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO REVIEW THE EXISTING TILA~FIC CONTROL SIGNALS ON T.H. 65 WHEREAS, the City Council of Columbia Heights is improving the traffic signal systems on T.H. 65 from 40th Avenue to 52n~ Avenue, and WHEREAS, the City of Columbia Heights is improving the traffic signal systems on T.H. 65 from 40th Avenue to 52nd Avenue, and WHEREAS, Minnesota Department of Transportation Agreement No. 76955 stipulates the requirements of said installation, NOW, THEREFORE, BE IT RESOLVED THAT, the City of Columbia Heights enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To revise the existing traffic control signals with street lights, emergency vehicle pre- emption, interconnect and signing on Trunk Highway No. 65 (Central Avenue) at 52nd Avenue Northeast - Commercial Entrance, 50th Avenue Northeast, County State Aid Highway No. 4 (49th Avenue Northeast), 47th Avenue Northeast, 45th Avenue Northeast, 44~h Avenue Northeast, 41s~ Avenue Northeast and County State Aid Highway No. 2 (40th Avenue Northeast) in accordance with the terms and conditions set forth and contained in Agreement No. 76965, a copy of which was before the Council. BE IT FURTHER RESOLVED THAT the Mayor and City Manager are authorized to execute the Agreement. Dated this 9th day of March, 1998. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes REGULAR COUNCIL MEETING MARCH 9, 1998 PAGE 6 Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 9th day of March, 1998, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk Approval of License Applications The Council approved the license applications as listed and rental housing license applications as listed in the memo dated February 20, 1998 from Fire ChiefKewatt. 10. Payment of Bills The Council approved the payment of the bills as listed out or proper funds. Roll call on Consent Agenda: All ayes 5. RECOGNITION, PROCLAMATIONS, PRESENrrATIONS AND GUESTS There was no one present for this pan of the agenda. 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION P,.EGULAR COUNCIL MEETING MARCH 9, 1998 PAGE 7 A. Other Ordinances and Resolution None B. Bid Considerations None C. Other Business 1) Central Avenue and 37~h Avenue Area Traffic Study The Public Works Director, using a spreadsheet, compared the three proposals received for the Traffic Study. He noted that some of the "private sources" for funding referred to in the Council Letter have not committed to this yet. Councilmember Jolly inquired if pedestrian traffic safety issues were included in the Request For Proposal. He was advised they were included but that the time study of the signals would not be detailed. Motion by Jolly, second by Szurek to award the Central and 37th Avenues areas traffic study, Municipal Project #9804, to BRW of Minneapolis, Minnesota based upon their low, qualified, responsible bid in the amount of $8,736.00; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 2) Contract Renewal Fire Chief Kewatt advised that this contract covers physical agility testing exclusively. He also noted there was a price increase from the previous year. Motion by Jolly, second by Ruettimann to authorize the Mayor and City Manager to approve the 1998 Training Facility Contract between the St. Paul Fire and the Columbia Heights Fire Department. Roll call: All ayes 3. Referendum Petition The Mayor stated the responsibilities of the Council regarding the referendum petition. The resident at 1255 Polk Place read a prepared statement opposing the rezoning as he felt it was a violation of good planning. REGULAR COUNCIL MEETING MARCH 9, 1998 PAGE 8 One of the owner's of the Conoco Station at 3701 Central Avenue restated his reasons for requesting the rezoning mad how he felt the expansion would positively impact the City. He also suggested there is equity in holding a referendum in that all registered voters of Columbia Heights would have an opportunity vote their position. The resident at 3717 Van Buren Street viewed the entire project as a plus for the City. As the owner of property adjacent to the proposed project on the west side of Central Avenue, she felt all of her neighborhood would benefit with this development. The resident at 1600 Innsbruck Parkway had three concerns which are as follows: who is the owner of record of the two lots being addressed with the rezoning; what is the disposition of the underground storage tank; and, what taxes will be paid on this property for 1998. The third concern was relative to the money he thinks is being spent on promotional activities being hosted and sponsored by the owners of the Conoco Station. The resident advised he has sent a letter to the Anoka County Attorney expressing his concern regarding the possibility for the station's owners having interferred with local election laws specific to the upcoming referendum with these promotions. The resident at 1255 Polk Place felt the question of ownership was valid and spoke to the validity of the two requests for the rezoning. He was interested as to who applied for the rezonings and in what name. One of the station's owners responded that Freedom Oil Company is not a corporation and is owned exclusively by him. Freedom Oil is listed as the fee owner and is the company to whom the tax statement is sent. Five drafts of the ballot were given to the Council for consideration. Motion by Jolly, second by Peterson to reaffirm adherence to Ordinance No. 1369, to schedule a special election for Tuesday, April 21, 1998, and to approve the wording of the ballot as in Draft #5 with Lot 12 removed. Roll call: All ayes The resident at 1255 Polk Place again stated he feels the issue of who requested the rezonings and who owns the two lots being considered for rezoning should be answered. Motion by Sturdevant, second by Szurek to appropriate funds of $8,000 for the City's election budget from the Mayor-Council Contingency Fund. Discussion followed regarding the costs associated with this special election. Roll call: Al1 ayes REGULAR COUNCIL MEETING MARCH 9, 1998 PAGE 9 The Mayor read Draft #5 of the ballot question. A resident from 999 41st Avenue wanted a rumor he heard addressed by the station's owner relative to signers of the referendum petition not being eligible to win any of the prizes associated with the promotion. He was advised this rumor is not true. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager had nothing to report. B. Report of the City Attorney The City Attorney had nothing to report. 9. GENERAL COUNCIL CO~MMUNICATIONS A. Minutes of Boards and Commissions Minutes of the February 25, 1998 Park and Recreation Commission Meeting and minutes of the February 17, 1998 Economic Development Authority Meeting were included in the agenda packet. These were for informational purposes only and needed no Council action. .10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON THE AGENDA The resident at 5230 Fourth Street spoke to her objection to the light which is being installed in her alley. This light is being installed in response to a petition received from affected property owners. She objects to paying for the light and has contacted eight other cities regarding their policy on alley light requests. Seven of these cities refer these types of requests to Northern States Power Company to handle. She feels if ordinances were enforced there would be no need to have a light in the alley. She referred specifically to a fencing ordinance which is required where there are six or more parking spaces. The resident also referred to violations regarding enclosed dumpsters, rooftop equipment enclosures, striped parking spaces and loitering. This resident suggested the liquor store in her area generates the problems. REGULAR COUNCIL MEETING MARCH 9, 1998 PAGE 10 A resident from 41 st Avenue and Seventh Street stated some of the problems she and her neighbors have been experiencing relative to a Temple in the area. Parking problems occur in that there are no parking spaces for the Temple other than those on the street. She stated that area property owners had been receiving parking tickets while vehicles owned by people attending functions at the Temple were not ticketed for long term street parking or prohibited parking during snow removal times. It also appears that the Temple is being used as a homeless shelter for large numbers of people. Other concerns are with activities associated with preparation for burial of deceased members of the congregation. She had contacted the Anoka County Health Department who referred her to the City Council and encouraged her to come to a Council Meeting. Staffwas directed to follow up on these concerns. The resident at 4261 Reservoir Boulevard had some comments regarding the usage of a corporate logo, the purchasing of inexpensive homes, and the building of new homes. The resident at 1037 43Td Avenue noted that there appears to be much speeding by vehicles on 43rd Avenue. It was his opinion that most of the vehicles come from a nearby business. The resident at 3820 Reservoir Boulevard inquired when future discussions regarding an alley are scheduled. It is the alley adjacent to the vacant lots owned by the Conoco Station. She mentioned this matter had been scheduled for a Planning and Zoning Commission Meeting which had been rescheduled. She felt the issue should be laid over until after the Special Election. A resident advised the Council of an irregularity in the alley between Tyler and Polk Streets, 39~' to 40th Avenues. He felt it could be corrected with some asphalt. ! 1, ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Regular Council Meeting at 8:45 p.m. Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL PUBLIC HEARING MARCH 9, 1998 4/-,4 -/ CALL TO ORDER/ROLL CALL The Public Hearing was called to order by the Mayor at 6:30 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimarm and Peterson. PRESENTATION OF INFORMATION BY STAFF ON PROJECT #961 - PROJECT #9801. Project #9801 is the sealcoating of bituminous City streets in Zone 3 as listed in the resolution. The Public Works Director reviewed the project. The total project cost is $140,143.76 of which $115,668.54 will be paid by the City. The remaining $24,475.22 will be assessed against benefitting properties at $2.31 per assessable street foot and $0.77 per assessable avenue foot. The assessment period is for one year. Discussion followed regarding material being considered for crack sealing and the associated costs for various types of aggregate. .QUESTIONS AND ANSWERS There were no residents present to discuss the project. CONSIDERATION OF RESOLUTION NO. 98-33 Motion by Peterson, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-33 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, Resolution No. 98-25 of the City of Columbia Heights City Council adopted the 9th day of February, 1998, fixed a date for a council hearing on the proposed improvement of Zone 3, and PUBLIC HEARING MARCH 9, 1998 PAGE 2 WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon the 9th day of March, 1998, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: Seal coating all bituminous City streets in Zone 3 listed below. Zone 3 is bounded by Central Avenue N.E. on the west, 45th Avenue N.E. and 47th Avenue N.E. on the south, Stinson Boulevard on the east and Corporate limits on the north. STREET PROJECT LIMITS Upland Crest Cheery Lane Khyber Lane Borelis Lane Central Ave. Service Drive 51st Court Tyler Street Fairway Drive North Upland Crest Stinson Boulevard Heights Drive to Fairway Drive Fillmore Street to Cul-de-sac Fillmore Street to Cul-de-sac Fillmore Street to Cul-de-sac approximately 380' south to 50th Avenue to 195' north of 50th Avenue Central Avenue N.E. to Central Avenue N.E. 49th Ave. N.E. to 50th Ave. N.E. 49th Ave. to Fairway Drive Pennine Pass to Stinson Boulevard 5t~ St. N.W. to 325' north o£ centerline of North Upland Crest Work will include selective concrete curb and gutter replacement, crack sealing, bituminous surface patching and seal coat application. 2. Such improvement is necessary, cost effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 9th day of February, 1998. PUBLIC HEARING MARCH 9, 1998 page 3 o 4. These improvements shall also be known as P.I.R. #961, Project 9801. 5. Kevin Hansen is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement and advertise for bids. Adopted by the Council this 9th day of March, 1998 Offered by: Peterson Seconded by: Jolly Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ADJOURNMENT Motion by Szurek, second by Jolly to adjourn the Public Hearing at 6:45 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: April 13, 1998 AGENDA SECTION: Consent Agenda ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Administration APPROVAI~ ITEM: Establisl~rnent of Date for Special Election BY: J. Student ~E.~~/~ Canvass ~/,, ~ -' d~, DATE: April 7, 1998 . By Minnesota State Statutes, the City Council is required to canvass any local election within two days following the election. To comply with this requirement relative to the Special Election on April 21, 1998, staff is recommending the date of Wednesday, April 22, 1998. RECOMMENDED MOTION: Move to establish Wednesday, April 22, 1998 at 5:00 p.m. as the date and time for the canvass of the April 21, 1998 Special Election to be held in the Council Chambers located in the Columbia Heights City Hall, 590 40th Avenue Northeast, Columbia Heights, Minnesota.. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of : ADril 13, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: TELECOMM~/NICATIONS COMM. ~-~--~ DATE: April 7, 1998 As you are aware, the City previously approved the transfer of ownership of Group W Cable of Columbia Heights, Inc., (dba Meredith Cable), a wholly owned subsidiary of North Central Communications Corporation, a wholly owned subsidiary of MediaOne of Delaware, Inc., a wholly owned subsidiary of US West Media Group, Inc., a wholly owned subsidiary of US West, Inc. to CCTC Holdings, Inc. (Charter Communications). However, the sale of the system did not proceed as US West filed a petition with the FCC and was granted an extension of the cable system divestiture time period to July 31, 1998, and thus, exercised the termination provisions of their sales agreement. US West is in the process of setting up MediaOne as a separate entity so as to meet the requirements to retain ownership of the cable systems. Therefore, the City will need to review the financial, legal, and technical qualifications of MediaOne in order to determine whether or not there is a reasonable basis to withhold approval. At the Telecommunications Commission meeting of Thursday, May 21, 1998, staff and the cable attorney for the City will present information as to the legal, financial, and technical qualifications of MediaOne. Council action to approve or deny the transfer is tentatively scheduled to be placed on the May 26, 1998 Council meeting agenda. Staff is recommending that a special meeting of the City Council and Telecommunications Commission be held on Thursday, May 21, 1998 at 7:30 pm. RECOMMENDED MOTION: Move to establish a special meeting of the City Council and Telecommunications Commission for Thursday, May 21, 1998 at 7:30 pm. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~t Recreation APPROVAL Helicopter at Huset Park for Recreation Program Safety Camp Coordinator NO: q"A' 4 DATE: ...~j}-//qg DATE: Background: In 1996 and 1997, the Recreation Department has facilitated a Safety Camp for youth ages 2nd-5th grade. This Safety Camp has had topics such as Electrical Safety, Railroad Safety, Wheel Chair Awareness, Drug Demand Reduction operation (Air National Guard Helicopter), Police Dog Demonstration, Personal Awareness, Bike Rodeo, Safe Escape House, and more. Each year the Recreation Department has worked closely with the Police and Fire Departments to provide safety programming, securing the area at Huset Park for the landing and take-off of the helicopter, staff representatives as group leaders, and general support to insure that the Safety Camp is a successful event. Analysis/Conclusions: The Third Annual Safety Camp will be held on August 19, 1998. The Air National Guard has been requested to conduct a drug demand reduction operation at Safety Camp which will include the landing/take-off of a Military Helicopter at Huset Park. With the collaboration of the Columbia Heights Police Department and Fire Department, the Recreation Department will be working to ensure the safety of the participants by contacting the Anoka County Dispatch regarding the landing of the helicopter, securing a perimeter with the help of the Columbia Heights Police Department, working with the Fire Department for support in case of an emergency, and working with Public Works will ensure that the field is prepared for the landing of the Air National Guard Helicopter. RECOMMENDED MOTION: Move to approve the landing of the Air National Guard Helicopter for the 1998 Safety Camp held on August 19, 1998 located at Huset Park with an approximate landing time of 9:15 a.m. and a tentative departure of 10:15 a.m. COUNCIL ACTION: ADMIN: CCheli.REC CITY COUNCIL LETTER Meeting of: AGENDA SECTION: C 0N $ E WT ORIGINATING DEPT.: CITY MANAGER NO: ~ Recreation APPROVAL ITEM: The Medtronic Foundati.0n's BY: Julie Dehmer funding of a Traveling l~uppet Recreation Program Wagon Coordinator NO: d' ~ "'q'"~ DATE: 32/7/~(~ DATE: Background: In October 1997, the Recreation Department applied for a grant that would allow the Recreation Department to increase cultural opportunities, and make the arts and cultural programs more available for families who otherwise would not be able to participate due to financial reasons. This program of the arts will increase access for people who are socioeconomically disadvantaged by providing FREE events to the citizens of Columbia Heights. The Arts In The Parks program had two focuses: A traveling puppet wagon which will provide theatrical productions to children and families throughout the community park in the City of Columbia Heights. This program will run from June 15 - August 14, 1998 in the morning at various parks, and will be FREE to the community. A concert series that will provide a variety of concerts/drama performances lasting 45 minues - 2 hours in length, and held the 2nd and 4t~ Wednesday evening of each month from June, July, and August 1998. Each performance would be FREE to the community. On March 9, 1998 the Medtronic Foundation notified the Recreation Department that they had received funding of $4,250 for the Traveling Puppet Wagon for the 1998 summer season. Analysis/Conclusions: The Recreation Department is in the process of developing a detailed schedule for the 1998 Traveling Puppet Wagon, which will be showcased in the Summer issue of the "Heights Happenings" brochure. This program will be an asset to this community, and will increase the communities access to the arts & cultural programs. The grant monies will be utilized as start-up monies with the intention that the following years will have a decreased budget which will only include staff costs. RECOMMENDED MOTION: Move to accept the grant award in the amount of $4,250 for the 1998 Summer Traveling Puppet Wagon. COUNCIL ACTION: ADMIN: CCheli.REC CITY COUNCIL LETTER Meeting of: April 13, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 4 Fire ITEM: EstabLish Hearing Dates BY: Charlie Kewatt License Revocation, Rental Properties NO: St 'A ' ~ DATE: April 7, 1998 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 Housing Maintenance Codes. 1. Kurt Lowenthal .............................. 1206-1208 Circle Terrace RECOMMENDED MOTION: Move to Establish a Hearing Date of April 27, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the above-named Property Owners Regarding their Rental Property. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 4/13/98 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: AUTHORIZATION TO PURCHASE RED 'LED' BY: K. Young ~ BY: SIGNAL HEADS AND EVP EQUIPMENT ~, ~ ..q DATE: April 8, 199~:~~ DATE: Background: At the Council Meeting of October 27, 1997, Council authorized staff to continue with plan preparation for the construction of Phase II intersection improvements and EVP installation on T.H. 65, from 40th Avenue to 52na Avenue. As part of the signal improvements on Central Avenue, the existing red signal heads are to be replaced with red LED signal heads and EVP (emergency vehicle pre-emption) equipment is to be installed on the mast arms and in the traffic signal controller cabinets. Analysis/Conclusions: The specifications for the signal improvements provide for the installation of the new heads and EVP equipment by the Contractor, with the City supplying the heads and EVP equipment. This is less expensive as the City can purchase the heads off the Mn/DOT contract and 3M is offering a special savings to purchases directly to Cities that the Contractor cannot obtain. The City will be reimbursed with State Aid Construction funds as part of the project. The LED heads and EVP equipment have a considerable lead time. Staff is seeking authorization from the Council to purchase the LED signal heads and EVP equipment to have these available by the time signal improvements start. Red LED Si_maal Heads Both the balls and arrows are to be replaced with LED (light emitting diode) heads. The LED heads use 75% less energy than the traditional lamp and lens heads and have an expected life of ten years compared to the two to three year life of a lamp. The cost of the heads through the Mn/DOT contract with Brown Traffic Products is as follows: RED BALL INDICATORS RED ARROW INDICATORS 37 ~ $112.00 each $ 4,144.00 17 ~ $ 85.00 each 1,445.00 Subtotal $ 5,589.00 Sales Tax 363,29 TOTAL $ 5,952.29 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 4/13/98 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ALrrHORIZATION TO PURCHASE RED 'LED' BY: K. Young BY: SIGNAL HEADS AND EVP EQUIPMENT DATE: April 8, 1998 DATE: EVP (Emergency Vehicle Pre-emption) EVP equipment is also being installed at each intersection. Opticom equipment manufactured by 3M is the only equipment approved by Mn/DOT. The local supplier for this equipment is Reunix Corporation. The EVP detectors are installed on the mast ams and the phase selectors are installed in the controller cabinets. The cost of the equipment is detailed on the attached quotation and summarized below: EVP EQUIPMENT $17,535.00 Sales Tax 1,139.78 TOTAL $18,674.78 RECOMMENDED MOTION: Move to authorize the purchase of LED signal heads from Brown Traffic Products in the amount of $5,952.29, and EVP detectors and Phase Selectors from Rennix Corporation in the amount of $18674.78 for the second phase of signal revisions on Central Avenue; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. KY 98-119 Attachment: Rennix Quotation COUNCIL ACTION: QUOTATION RENNIX CORPORATION 413 WACOUTA ST., SUITE 550 ST. PAUL, MN $$101-1557 PHONE $12-2224rzs2 FAX 612-2~2-0014 :Date: February 13, 1998 Quote Number; Rg8.16 TO; Bob Green, BRW Kathyjean Young, Columbia Heights Fax: 370-1378 782-2875 RE: SP 0207.69 We are pleased to quote the 3M ITS equipment for the above project(s) as follows: ·iYE. M QTY UNIT DESCRIPTION SYS J SYS K SYS L SYS M SYS N SYS O SYS P TH 65 ~ 4, Ea 1 Ea TH 65 (~ 50th Avenue Opficom~M711 Detector One way, one ch Opficom~M754 Phase Selector TOTAL SYSTEM J 50th Avenue 5 Ea 1 Ea I Ea TH 65 Opttcom~M711 Detector One way, one ch Opficom~'"M454 Phase Selector, four ch Optlcom~M757 Auxiliary Harness TOTAL SYSTEM K 47th Avenue 3 1 TH 65 Ea Opficom~M711 Detector One way, one ch Opticom~M454 Phase Selector, four ch TOTAL SYSTEM L ~, 4$th Avenue 4 1 TH 65 Ea Opticom~M711 Detector One way, one ch Ea Opticom~M754 Phase Selector TOTAL SYSTEM M ~ 44thAvenue 4 1 TH 65 Ea Opticom~M711 Detector One way, one ch Ea Opficom"'~M754 Phase Selector TOTAL SYSTEM N @ 41th Avenue 4 1 TH 65 Ea Opticom~M711 Detector One way, one ch Ea Opticom~M754 Phase Selector TOTAL SYSTEM O ~ 40th Avenue 4 1 Ea Opficom~M711 Detector One way, one ch Ea Opficom~M754 Phase Selector TOTAL SYSTEM P TOTAL PRICE $2325.00 $3300.00 $2610.00 $2325.00 $2325,00 $2325.00 $2325.00 $17,535.00. Page 2 Reel (1,000) M-138/C #20 Optical Detector Cab/e ~390.00 Reel (2,600) M. f38 /C #20 Optical Detector Cable $975.00 Systems J, M, N, O and P are discounted 40% off list price to the City of Columbia Heights as a :using the "Add-A-City' 700 Sedes Promotion, This discount applies to a one time purchase order directly from the city. The cable will be furnished and installed by the electrical contractor, There will be no discount to tile contractor for cable, The above pricing is shown to the city as a reference. Quoted prices do not include Sales Tax or Shipping and Handling. Quoted prices are good for 1998, Terms are Net 30 to approved credit. Delivery is stock to 10 days. Thank you, RENNIX CORPORATION F. Denise Miller Vice President ~,NOTE: PLEASE.REF.ERENCE RENNIX....QUO. T.E NUMBER,, ON pUR....CHASE ORDE_R - _ TOTAL P. 0'3 CITY COUNCIL LETTER Meeting of: 4/13/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: ADOPT RESOLUTION APPROVING Mn/DOT BY: K. Hansen~ BY: PLANS FOR THE RECONSTRUCTION OF TH 65, FROM DATE: 4/8/98*' ' '-'"~~ DATE: 53m~ AVENUE to LAKE POINTE DRIVE (in Fridley) Background: The Minnesota Department of Transportation (Mn/Dot) and the City of Fridley are proposing to reconstruct TH 65 (Central Avenue) from 53~a Avenue to Lake Pointe Drive (in Fridley). Mn/Dot is proposing a late May bid opening and will be administering the construction contract. Due to the presence of extensive utilities in the improvement corridor right-of-way, it is anticipated that no mainline concrete paving work will occur in 1998. Work in 1998 will consist largely of utility relocates and the construction of temporary by-pass lanes. Discussion: The work will include in-place utility realignment, concrete pavement replacement, removal of two loops replacing them with t~vo new ramps at the TH 694 interchange, and signals at the new off-ramps on TH 65. The project will remove the loops in the northeast and southwest quadrants of the 694 interchange. A geometric site plan of the proposed improvements is attached. Columbia Heights shares no cost in the estimated 3.9 million dollar construction cost. The city will benefit from the proposed improvements in that the free right at the southwest exit ramp from east bound 694 will be removed. Specifically, the benefits are: 2. 3. 4. Improved operation and capacity of the 694/TH 65 interchange area. Reduction of accidents. Removal of weaving conflicts for left turns along TH 65. Improved traffic flow along TH 65 through interconnecting the new signal system. Analysis/Conclusions: Mn/DOT requires the plan to be approved by resolution by Columbia Heights. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-_~, approving the plans dated February, 1998, and prepared by Mn/Dot for the reconstruction of TH 65 from 53~ Avenue to north of Lake Pointe Drive in Fridley, and loop removals and ramp construction at the TH 65/694 interchange. KH:kh 98-121 Attachment: Resolution Site Plan COUNCIL ACTION: RESOLUTION No. 98- 43 APPROVING CONSTRUCTION PLANS PREPARED BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF TH 65 (CENTRAL AVENUE), FROM 53Im TO NORTH OF LAKE POINTE DRIVE (in Fridley) AND THE REMOVAL OF LOOPS AND CONSTRUCTION OF RAMPS AT THE TH 65/694 INTERCHANGE FOR THE 1998 CONSTRUCTION SEASON WHEREAS, the Minnesota Department of Transportation has prepared construction plans for the reconstruction of TH 65 from 53ra Avenue to north of Lake Pointe Drive (in Fridley) and ramp and loop modifications to the TH 65/694 interchange, and; WHEREAS, the Minnesota Department of Transportation is scheduled to let the project in late May of 1998, and; WHEREAS, the Minnesota Department of Transportation will provide construction contract administration for the 1998 and 1999 construction season, and WHEREAS, the Commissioner of Transportation requires a resolution from local municipalities approving the project plans. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA TItAT: That the City of Columbia Heights approves the construction plans prepared by Mn/Dot and dated February, 1998, bearing the general title State Project 0207-66, 127-010-13, 127-315-05, 02-635-06 and 127-020-19 and consisting of 410 sheets. Adopted by the City Council of Columbia Heights this 13th Day of April, 1998 Offered by: Szu tek Seconded by: JOl 1. y Roll Call: A11 ayes CITY OF COLUMBIA HEIGHTS By: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERT~ICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 13t~ day of April, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk 0 15 30 60 90 120 150 m g. gOORE LAKE ORIVE BASIN MOORE LAKE H ILLI~TNO ~*~£RS ,~ ARO-ITECTS B PLN. iI~RS ANOKA COUNTY CITY OF FRIOLEY GEOMETRIC LAYOUT LOOP BASIN 5 LOOP ~,..~ .i // LOOP N.E. LOOP x / ,: / ! /- L661 '0£ 60 ~'3..LV(] N CITY COUNC]I, LETTER Meeting of: 4/13/98 AGENDA SE~CTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO.a~ PUBLIC WORKS ITEM: APPROVAL OF PLANS FOR SEAL COATING BY: K. Young ~ ~ BY: NO. STATE-AID STREETS AND AUTHORIZE DATE: April g, 19~ DATE: ADVERTISEMENT FOR BIDS ~Y' t~ Background: The City Council authorized seal coating the local streets at the Public Improvement Hearing on March 9, 1998. The State-Aid streets, east of Central Avenue also need to be seal coated. This work was not done as part of the Zone 1 and 2 seal coat projects because Mn/DOT was in the process of revising the recommended construction procedures. This work will be combined with the Zone 3 crack sealing and seal coating project. Analysis/Conclusions: Staff requests authorization to seek bids to seal the pavement joints and cracks and seal coat the State Aid Streets, east of Central Avenue. This work will be paid for with M.S.A.S. funds. RECOMMENDED MOTION: Move to approve joint and crack sealing and seal coating of City State-Aid Streets east of CentralAvenue and authorize advertisement for bids. KY 98-120 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of:. 4/13/98 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO. 4 PUBLIC WORKS ITEM: APPROVAL OF STREET EXCAVATION PERMIT BY: K. Young ~ BY: NO. FORMINNEGASCO g'l~- J0 '- d~ DATE: April 8, 199'8~r~ DATE: Background: By policy, City Council authorization is required for an excavation in a newly constructed street. Minnegasco has requested permission to install an anode for testing their system on Polk Street, south of 40t~ Avenue and on Buchanan Street, north of37m Avenue. The excavation is about 6" in diameter and a permanent test box and cover is installed. These are normally installed after the final bituminous mat is paved. A typical installation is shown on the attached sketch. Analysis/Conclusions: Staff recommends Minnegasco be allowed to install the equipment. street will not be compromised. The anode is required to monitor their system and the integrity of the RECOMMENDED MOTION: Move to approve Excavation Permit for Mirmegasco on Polk Street, south of 40m Avenue and on Buchanan Street, north of 37th Avenue for the purpose of system testing. KY 98-122 Attachment: Sketch Permit COUNCIL ACTION: Ground Surface Test Box & Cover UAnode MGC #378 11048/14600 LOCATION Various STREET EXCAVATION PERMIT City Streets TYPE OF WORK BEING DONE APPLICANT Minnegasco ADDRESS 700 Linden Av W, Box 1165 Install Anodes and Test Points TELEPHONE NO. Minneapolis, MN 55440-1165 321-5426 DATE WORK TO BEGIN ,19 DATE WORK TO BE COMPLETED 12-31 , 19 98 SPECIAL PATCHING REQUIREMENTS WINTER SEASON A temporary hard surface repair (cold mix), will be installed in the trench within 7 working days of excavation. Permanent repair to this excavation will be completed by May 31st of the current year. SUMMER SEASON Permanent hard surface repair of excavation iS to be completed Within two weeks of opening of the excavation. Refer to the "Roadway" Rules on the back of this sheet. Failure to repair the street as directed will result in the loss of $300.00 bond. SPECIAL DUMPSTER REQUIREMENTS ~ If the dumpster will be in the street after sunset, flashers must be placed at each end of the dumpster. OTHER SPECIAL REQUIREMENTS OR CONSIDERATIONS By signing below, the Owner or Contractor accepts the terms and conditions of the rules of the City of Columbia Heights an~d'agrees to fully comply to the satisfaction of the City Engineer. Furthermore, exc~l;fo~sqeg igent acts of the City, its agents and employees, the Owner or Contractor shall assume all liability ¢(~}, ~ri~l save the City, its agents and employees, harmless from, _an.y_.~.~d all claims for damages, ac. tions, or causes of action arising out of the work to be done un~~it.~, DATED 3-20-98 OWNER OR CONTRACTOR ~,_ ~ PUBLIC WORKS DEPARTMENT TITLE DATED CHECKLIST CONTRACTOR LICENSED ~ YES [] NO 5.607 PERMIT APPROVED [~ YES [] NO F-1 $300.00 BOND DEPOSIT $300.00 BOND APPLICABLE 6.301(12) YES [] NO $30.00 PERMIT FEE $15.00 DUMPSTER FEE FEESWAIVED [--1 YEs NO SPECIAL FEE $ RECEIPT NUMBER 6~96 CITY COUNCIL LETTER Meeting of: April 13, 1998 AGENDA SECTION: NO. q CONSENT ITEM: Renewal of Class B Gambling License for Immaculate Conception Church for Activities Held at The Church NO. N ORIGINATING DEPARTMENT POLICE BY: M. Dugdale t,~r I/ DATE: April 6, 1998v CITY MANAGER APPROVAL: BACKGROUND Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a Class B license renewal application, which is attached. The renewal would permit charitable gambling on the premises at this location. ANALYSIS/CONCLUSION Since the organization satisfies the City Council's resolutions regarding charitable gambling and has paid the $100 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the ren6wal of a Class B charitable gambling license for the Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Attachment 98-135 COUNCIl. ACTION: West STATE OF MINNESOTA GAI~LING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATION ]FOR BO~ USE oNL~I I AMTPAID ICHECK NO. LG214PPR PRINTED: IDATE LICENSE NUMBER: B-01151-001 EFFECTIVE DATE: 07/01/96 EXPIRATION DATE: 06/30/98 NAME OF ORGANIZATION: Church of Immaculate Conception Col,,mhia Heights GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Church of Immaculate Conc 4030 Jackson St NE Columbia Heights 55421 COUNTY Anoka IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: Yes IF NO, LIST THE LESSOR: NAME OF PROPERTY OWNER (WHEN NOT LESSOR): SQUARE FEET PER MONTH: 0 SQUARE FEET PER OCCASION: 0 AMOLTNT PAID FOR RENT PER MONTH: 0 AMOIINT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT 4030 Jackson St NE Col~mhia Heights MN 55421 STORAGE ADDRESS Northeast State Bank 3989 Central Ave NE Col,~hia Heights MN 55421 BANK INFORMATION GAMBLING BANK ACCOUNT NUMBER: 5005160 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE O~ANIZAT~N'S TREASURER MAY NOT HANDLE GAMBLING FLTNDS (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGEMENT GAMBLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RI/LES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; · ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; · ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR A1TD LAWFLrL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFLrL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD ~ AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS ~ RULES, INCLUDING AMENDMENTS TO THEM; · ~ CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; · I U1TDERSTAlqD THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS TI{AT A/~E UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION· 5. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION· 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHIP** oR pERSO RECEIVINGI TITLE ~ ~/~ DATE RECEIVED I TITLE TOWNSHIP NAME SIGNATURE OF PERSON RECEIVING APPLICATION REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, ~ 55113 DATE RECEIVED iMMACULATE CONCEPTION BOOSTERS COLUMBIA HEIGHTS. MN 55421 2723 DATK~T ~ ' ~ ~ 17-13/910 .'. :;" .', '. ,'.".::.". ?': ::'; >'¢ ¢::::: ::¢,?-.':-':':: '.-"-:'.:.'.;; 5.:?- ::::-'~:[::'.C-¢.'.?.:.': ~:"-"::'. :%;::: '?-'"-'::': :::'-':': ':'.:::' ' ============================================================================================ '::::::.' ============================================================ RESOLUTION NO. 88- 42 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMRLING EXEMPTIONS IN THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED by the City of Columbia Heights that charitable gambling exemptions will be granted to bona fide charitable organizations provided, however, that the following requirements are met: 1. The organization wishing to gamble obtains the permission of the N~uuesota Charitable Gambling Control Board. The organization wishing to gamble obtains the permission of the Columbia Heights City Council. The organi=ation wishing to conduct gambling has been in existence in Columbia'Heights for not less than ten (10) years and is a non-profit organization as determined' by the Internal Revenue Service and/or the N{~nesota Secretary of State. Organizations,wishing to gamble and have been in existence in Columbia Heights for not less than ten (!0) years will be granted five (5) exemptions per year. Organizations wishing to gamble, but have not been in existence in Columbia Heights for not less than ten (10) years will be granted one (1) exemption per year. The organization wishing to conduct gambling must indicate the value of prizes by category to be awarded; such information shall be provided at the time of application. The organization wishing to gamble does not pay, and the proprietor of the licensed premises does not receive, rent in excess of $100.00 per event or other remuneration for permitting the gambling activity or device to be located on the licensed premises. ~ 6.' The organization shall remit a non-waivable, non-prorated, non-refundable license fee based upon the following schedule: Class A and Class B licenses .... $100 Class C and Class D licenses .... $ 25 NO~, THEREFORE, BE IT RESOLVED that this resolution shall take effect on July 1, 1988, and shall replace Resolution 88-07. Passed the 9th day of May, 1988. Offered By: ~eterson- Seconded By: Petkoff Roll Call: All ayes Student, Council Secretary Dale V. Had, fa,h, ~ayor CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO. 4 ITEM: Premise Permit Renewal/Application for Immaculate Conception Church at Mady's Bowling Center NO. ~q ~ ~t ~ ORIGINATING DEPARTMENT POLICE BY: M. Dugdale c~ DATE: April 6, 1998- Meeting of: April 13, 1998 CITY MANAGER APPROVAL: DATE BACKGROUND Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a premise permit renewal application to hold gambling activities at Mady's Bowling Center, 3919 Central Avenue N.E. Also, the organization has submitted a copy of the floor plan and lease agreement with Mady's Bowling Center. ANALYSIS/CONCLUSION Since the organization satisfies the City Council's resolutions regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B premise permit for the Church of Immaculate Conception in conjunction with activities at Mady's Bowling Center, 3919 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Attachment 98-135 COUNCIL ACTION: Minnesota Lawful Gambling Lease for Puli-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 Name of Legal Owner of Prerr~es Street Address City ,..3~ 2./i Daytime Phone Name of ~ssor StreetAddres{ City Zip ~' Daytime Phone (If same as legal owner, write in "SAME") ,., '~'-~ ~' ~--/ Name of Leased Premises ~eet Address City f~ / I J _-..,Zip Daytime Phone I ~ame of L~see (name of orgaq)zation leasing the premises) GCB license no. of organization Daytime'Phone Rent Information · Total rent cannot exceed $1,000 per month for all non-bingo activity for this premises. · For bingo activity, use lease form LG222. · For pull-tab dispensing machines, use lease form LG223. An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Rent to be paid per month $ Oo (Ifnorentistobepaid, indicate-0-) /~(~),. -- Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. Dimensions The leased areas are: ~ feet by ¢ feet for a total of ,~ ¢ square feet. feet by feet for a total of square feet. feet by feet for a total of square feet. Storage feet by feet for a total of square feet. St(~rage feet by feet for a total of . square feet. Combined total square feet. Lawful Gambling Activity IType of gambling activity that will be conducted at this gambling premises. Check all that apply. ~ . Paddlewheels )L_ Puli-Tabs 7-- Raffles .¢.. Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board, unless terminated sooner by mutual consent of the lessor and lessee. If this is an amended lease showing changes occurring dur- ing the term of the current premises permit, write in the date that the changes will be effective / / Both parties that signed the lease must initial and date a-~'~i changes. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612) 639-4000. This publication will be made available in altemative format (i.e. large print, Braille) upon request. Hearing impaired individuals using a TTY may call the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to (612) 639-4000. The information requested on this form will be used by the Gambling Control Board (Board) to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the Board except, if required, your Social Security number, which remains private. Page 1 of 2 Rev. 8/97 Lease for Puli-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 LESSOR PROHIBITIONS Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. illegal Gambling 1. The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 2. To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. Notwithstanding Minnesota Rules, part 7861.0050, subp. 3, an organization must continue making rent paymentsi pursuant to the terms of the lease, if the organization or its agents are found to be solely responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules, part 7861.0050, subpar[ 1, or Minnesota Statutes, section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. 4. The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the board the occurrence at the site of illegal gambling activity in which the organization did not participate. Other Prohibitions 1. The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling- related equipment and services or in the use of net profits for lawful purposes. 2. The lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. 3. If there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. 4. The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed on this. lease. Arbitration Process The lessor agrees to arbitration when a violation of these lease provisions is alleged. The arbitrator shall be the CRG. IACCESS TO PERMI'I-i'ED PREMISESJ State of Minnesota and Law Enforcement The board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. Organization The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. I LESSORRECORDS MAINTAINED I The lessor shall maintain a record of all money received from the organization, and make the record available to the board and its agents, the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a pedod of 3-1/2 years. OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull-tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to the Gambling Control Board ten days prior to the effective date of the change. Print Name and Title of Lessor Signature of Organization Official (Lesse~// Date Print Name and Title of Lessee Page 2 of 2 Rev. 8/97 tMMACULATE CONCEPTION BOOSTERS 4030 JACKSON ST., NE. COLUMBIA HEIGHTS, MN 55421 2723 17-13/910 West STATE OF MINNESOTA GAH~LING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATION IFOR BOARD USE ONLYI I AMTPAID ICHECK NO. LG214PPR PRINTED: IDATE LICENSE NUMBER: B-01151-002 EFFECTIVE DATE: 07/01/96 EXPIRATION DATE: 06/3'0/98 NAME OF ORGANIZATION: Church of Immaculate Conception Col,,mhia Heights GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Madys Bowling Ctr 3919 Central Ave NE Columbia Heights 55421 COUNTY Anoka IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LISTTHE LESSOR: ~ ~ Columbia Heights MN 55421 NAME OF PROPERTY OWNER (WHEN NOT LESSOR): Mady-Foss Partnership SQUARE FEET PER MONTH: 24 AMOUNT PAID FOR RENT PER MONTH: 1000 SQUARE FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT 4030 Jackson NE Col~mhia Heights MN 55421 STORAGE ADDRESS Northeast State Bank 3989 Central Ave NE Columbia Heights MN 55421 BANK INFORMATION GAMBLING BANK ACCOUNT NUMBER: 5009261 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. / .oE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS.. (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOAi~D, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BO~/~D; ALL INFORMATION IS TRUE, ACCURATE ~ COMPLETE;; ALL OTHER REQUIRED INFORbL~TION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; · I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AAiD RULES, INCLUDING AMENDMENTS TO THEM; · ANY CF_kNGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; · I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** ~ TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THiS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERITMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF THE LOCAL UNIT OF GOVER1TMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS· CITY* OR COUNTY** TOWNSHIP** CITY OR COUNTY NAME I TOWNSHIP NAME REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO.' GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, F/N 55113 SIGNATURE OF PERSON RECEIVING APPLICATION DATE RECEIVED RESOLUTION 9646 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING Currently, Resolution No. 8841 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.507 of the City Code unless: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; 2. The organization wishing to gamble obtains the permission of the Council of the City of Columbia Heights; 3. The organization wishing to gambles has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess of the lesser of $400 per month, or the amount authorized by the State Charitable Gambling Control Board for Class A and Class B licenses. No other remuneration shall be paid to the proprietor for permitting the gambling activity or device to be located on the licensed premises. 6. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not prorated or refundable. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on July 1, 1988, and shall replace Resolution 86-11. Passed this 9th day of May, 1988. Resolution 88-41 is hereby amended to read: RESOLUTION 9646 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.507 of the City Code unless: The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; o The organization wishing to gamble obtains the permission of the Council of the City of Columbia Heights; The organization wishing to gambles has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess of ~he !es:ct cf $~.CY2 $1,000 per month, cr +&e ~mc'.'.nt a'a+&crized 5y +A.~ e~-~-~ ~hn.ll-~l-,la ~'Z~I*,I;~. t'a~/-.~l n~..--1 te~. t~l~oo · ~.-1 t~l~ D ......... which payment shall be inclusive of any and ail ailowable expenses as defined and set forth in MN. STAT. 349 et. seq., as amended. No other ............... payment, set-off~ or credit~ of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor, e ..... ~,~:.. ,~ .... ~.u .... ,:..:, .... a~..:~ ,~ A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the mount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended until such violation(s) is/are corrected. Any such determination of violation(s) and any suspension hereunder shall be made as follows: At a meeting open to the public; and After a minimum of 10 days notice to the organization; and After providing the organization with the opportunity to present its position at said meeting; and By a simple maiority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on J'dy !,~.~,~ n~o ---~" 12, 1996, and shall replace Resolution 85 11.88-41. Passed this 1 3 t h day of tqa y ,1996. Offered by: S tu rdevan t Seconded by: Peterson Roll Call: A1 1 ayes ro2Anne Student, Council Secretary TMay~r 7{dse~l~ St~rdevant ' - CITY COUNCIL LETTER Meetin~ of: April 13, 1998 AGENDA SECTION: NO. ~ CONSENT ITEM: NO. Premise Permit Renewal/Application for Immaculate Conception Church at Tycoon's ~-/~ "/a ORIGINATING DEPARTMENT POLICE BY: M. Dugdale ~}1~ (3 DATE: April 6, 1998 CITY MANAGER APPROVAL: DATE: BACKGROUND Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a premise permit renewal application to hold gambling activities at Tycoon's, 4952 Central Avenue N.E. Also, the organization has submitted a copy of the floor plan and lease agreement with Tycoon's. ANALYSIS/CONCLUSION Since the organization satisfies the City Council's resolutions regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B premise permit for the Church of Immaculate Conception in conjunction with activities at Tycoons, 4952 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty- day notice to the local governing body. Attachment 98-135 COUNCIl. ACTION: 2723 · IMMACULATE CONCEPTION BOOSTERS 4030 JACKSON ST., NE. COLUMBIA HEIGHTS, MN 55421 17-13/9t0 ORDER O~ ~4) ~ . C~n ~p~ MN · MiJ3nesota Lawful Gambling Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 Name of Legal ~Owner of Premises Street Address City Name of Lessor ,3 Street Address City (If same as legal owner, wdte in "SAME") Zip Daytime Phone Zip Daytime Phone. ( ) Name of Leased Premises StreetAddress City Zip ...... Daytime Phone [ N~e of Lessee (name of o~anization leasing the praises) GCB li~nse no. of o~aniz~tion Da~me Phone Rent Information · Total rent cannot exceed $1,000 per month for all non-bingo activity for this premises. · For bingo activity, use lease form LG222. · For pull-tab dispensing machines, use lease form LG223. An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Rent to be paid per month $ z'~,, .--- o~ (If no rent is to be paid, indicate -0-)/'c>~/~ ~ Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. Dimensions The leased areas are: '~ feet by ~ feet for a total of feet by feet for a total of feet by feet for a total of Storage feet by feet for a total of Storage feet by feet for a total of Combined total square feet. square feet. square feet. square feet. square feet. square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. ~ . Paddlewheels .~' .Puli-Tabs ~ Raffles ~ Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board, unless terminated sooner by mutual consent of the lessor and lessee. If this is an amended lease showing changes occurring dur- ing the term of the current premises permit, write in the date that the changes will be effective I__1__ Both parties that signed the lease must initial and date ali changes. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612) 639-4000. This publication will be made available in alternative format (i.e. large print, Braille) upon request. Hearing impaired individuals using a TTY may call the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to (612) 639-4000. The information requested on this form will be used by the Gambling Control Board (Board) to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the Board except, if required, your Social Secudty number, which remains private. Page 1 of 2 Rev. 8/97 Lease for Puli-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 I I agents are found to be solely 4. The lessor shall not modify LESSOR PROHIBITIONS Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessorwill not participate as players in the conduct of lawful gambling on the premises. Illegal Gambling 1. The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 2. To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 3. Notwithstanding Minnesota Rules, part 7861.0050, subp. 3, an organization must continue making rent payments~ pursuant to the terms of the lease, if the organization or its responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules, part 7861.0050, subpart 1, or Minnesota Statutes, section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. 4. The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the board the occurrence .at the site of illegal gambling activity m which the organization did not participate. Other Prohibitions 1. The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling- related equipment and services or in the use of net profits for lawful purposes. The lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. if there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. or terminate this lease in whole or in part due to the lessor's violation of the provisions listed on this lease. Arbitration Process The lessor agrees to arbitration when a violation of these lease provisions is alleged. The arbitrator shall be the CRG. IACCESS TO PERMI'i-rED PREMISESI State of Minnesota and Law Enforcement The board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. Organization The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. ILESSOR RECORDS MAINTAINED The lessor shall maintain a record of all money received from the organization, and make the record available to the board and its agents, the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a pedod of 3-1/2 years. OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull-tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to the Gambling Control Board ten days prior to the effective date of the change. Signature of Lessor Date Signature of Organization Official (Less~e~ Date Print Name an~l Title of LesSee Print Name and Title of Lessor Page 2 of 2 Rev. 8t97 West STATE OF MINNESOTA GAMBLING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATION I FOR BOm~O USE ONLYI I AMTPAID ICHECK NO. LG214PPR PRINTED: IDATE LICENSE AU3MBER: B-01151-004 EFFECTIVE DATE: 07/01/96 EXPIRATION DATE: 06/30/98 NAME OF ORGANIZATION: Church of Immaculate Conception Columbia Heights GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Tycoons 4952 Central Ave NE Columbia Heights 55421 COLINTY Anoka IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: Cheese Burger Inc 4952 Central Ave NE Columbia Heights HN 55421 NAME OF PROPERTY OWNER (WHEN NOT LESSOR): LESSOR INFOP. MATION SQUARE FEET PER MONTH: 45 SQUARE FEET PER OCCASION: 0 AMOUNT PAID FOR RENT PER MONTH: 625 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT 4030 Jackson St NE Col,~mhia Heights MN 55421 STORAGE ADDRESS NE State Bank 3989 Central Ave NE Col,~mhia Heights MN 55421. BANK INFORMATION GAMBLING BANK ACCOUNT NUMBER: 5006275 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCUR3%TE AND COMPLETE;~ ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; · I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE M~/SELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; · I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. 1 THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2 THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3 FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4 THE LOCAL UNIT OF GOVEP/qMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION· 5 A COPY OF THE LOCAL UNIT OF GOVERiTMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6 IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHIP** CITY OR COUN NAME RECEIVED I TOWNSHIP NAME SIGNATURE OF PERSON RECEIVING APPLICATION TITLE DATE RECEIVED REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEViLLE, MN 55113 RESOLUTION 9646 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING Currently, Resolution No. 8841 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.507 of the City Code unless: The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; The organization wishing to gamble obtains the permission of the Council of the City of Columbia Heights; o The organization wishing to gambles has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess of the lesser of $400 per month, or the amount authorized by the State Charitable Gambling Control Board for Class A and Class B licenses. No other remuneration shall be paid to the proprietor for permitting the gambling activity or device to be located on the licensed premises. A license fee not subject to a waiver sha~l be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not prorated or refundable. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on July 1, 1988, and shall replace Resolution 86-11. Passed this 9th day of May, 1988. Resolution 8841 is hereby amended to read: RESOLUTION 9646 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.507 of the City Code unless: The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board; The organization wishing to gamble obtains the permission of the Council of the City of Columbia Heights; o The organization wishing to gambles has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; qinn~ ~ghuLzation wishing to gamble does not pay the proprietor of ~e licens~ pre~s~ a rental or lease pa~ent in excess of *~e !e::er ~f $~ $1,~ per mon~, ~r Eta:e C?~!t~!e Gambling Ccn~c! Ec~ for C!a:: A a~ CP~: inclusive of ~y ~d all ~lowable expenses ~ defin~ ~d set for~ in ~. STAT. 349 et. seq, as ~ended. No o~er remunern*dcn paymenb set-off, or ~edit, of any ~nd~ o~er ~ ~ set for~ above, shall be p~d to or on beh~f of ~e proprietor, or se~ice or goods to or on behalf of ~e proprietor, for ~er~tt~ng A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the mount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended until such violation(s) is/are corrected. Any such determination of violation(s) and any suspension hereunder shall be made as follows: At a meeting open to the public; and After a minimum of 10 days notice to the organization; and After providing the organization with the opportunity to present its position at said meeting; and By a simple maiority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on July !, ..... May 12, 1996, and shall replace Resolution 25 ! ! 88-41. Passed this 1 3th day of gay , 1996. Offered by: S tu rdevan t Seconded by: Peterson Roll Call: A1 1 ayes r~ne Student, Council Secretary 7 May~r ~-~set~l~ St~raevant - ' CITY COUNCIL LETTER Meeting of: April 13, 1998 AGENDA SECTION: C 0~1 $ E ~IT ORIGINATING DEPT.: CITY MANAGER ITEM: 1999 BUDGET SCHEDULE BY: WILLIAM ELRI BY: NO: ~' ~ ' / ~ DATE: 4/3/98 DATE: Attached is a memo from the Finance Director summarizing a 1997 budget work session discussion regarding changing the timetable for preparing and presenting the annual budget to the City Council. The following is a summary of the revised schedule: Date Action 8/24 The Council would receive a summary budget for all property tax-supported funds and a proposed tax levy for the upcoming year 9/15 Certify the proposed 1999 levy and budget to Anoka County 10/5 Submission of the summary budget document and the functional areas' detailed budget documents to the Cky Council 10/6-12/4 Council reviews the proposed budget for 1999 12/7 Truth in Taxation hearing 12/14 Adoption of the 1999 budget and final levy It should be noted that the above schedule, with the exception of the September 15th date, can be modified at any time by the City Council. If adopted, this would be adopted as a guideline, and adjusted by the City Council as needed. RECOMMENDED MOTION: Move to adopt the above budget calendar for the preparation andthe review of the 1999 Gity budget. WE:dh 9804034 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS DATE: APRIL 3, 1998 TO: FROM: WALT FEHST CITY MANAGER WILLIAM ELRITE [3~ FINANCE DIRECTOR BUDGET CALENDAR TIMETABLE FOR PREPARATION OF THE 1999 BUDGET In 1989 for taxes payable 1990, Truth in Taxation legislation went into effect. With this change there were significant changes in the timetable for adopting the annual budget and certification to the County. Prior to Truth in Taxation, the City's budget and proposed levy was presented to the Council in August, and reviewed by the Council during August and September. The final levy and budget were adopted the end of September or first part of October as the final budget and levy had to be certified to the County on or before October 1 ffh. When Truth in Taxation went into effect, the timeline for certification to the County was changed from October 10th to December 28th; however, we did not change our internal schedule. Subsequently, we now submit the budget to the Council in August and review it during August, September, October, November and December, with the Truth in Taxation hearing in December, and the certification to the County by December 28th. With the change in State statutes allowing later certification to the County from October 10th to December 28th, it would be highly beneficial to move our entire budget calendar back. This would not only allow staffmore time to prepare the budget, but also a more accurate budget since it will be prepared closer to the time when we will be using it, and it will no longer be necessary to project so far into the future. This was discussed with the City Council at a budget work session in 1997, and it appeared to be the consensus of the Council that it would be beneficial to move the budget schedule back. Based on this, it is staff's recommendation that staff submit to the City Council in August a proposed tax levy for the following year, along with a summary proposed budget for tax-supported funds. This would meet the State requirements for adopting a preliminary budget and preliminary levy on or before September 15th. The Council would then be presented with a summary budget document in the format used in the 1998 budget, and departmental detailed budgets in the format used prior to 1997, by the first Council meeting in October. Based on the discussion at the budget work session in 1997, this appears to be a very workable compromise that will allow staff significantly more time to prepare the annual budget, and will make both the summary budget format and the traditional detailed format available to the City Council. WE:dn 9804033 CITY COUNCIL LETTER MEETING OF: April 27, 1998 AGENDA SECTION: ¢ 0 N $ E N T ORIGINATING DEPT.: CITY MANAGER NO: ~ FINANCE APPROVAL PHIL SUCKERMAN NO: ~" ~ -/~"' DATE: 4/6/98 Several years ago the City started doing advertising in the Twin Cities Reader as a way of promoting our municipal liquor stores. The primary target of this advertising was to promote our 10:00 p.m. closing time, and to generate additional business and profitability bet~veen the hours of 8:00 and 10:00 p.m. During 1996 the State saw some significant changes in the liquor business with the legalization of price advertising. Advertising by our competitors had a minimal effect on our liquor operation. During 1996 Phil Suckerman (Liquor Operations Manager) maintained competitive prices and expanded the variety of merchandise in the store. One of the main areas of expansion in the past few years has been in the area of micro brewed beers and imported beers. Currently, Top Valu has one of the largest selection of micro brewery beers in the metropolitan area. To further promote our selection of micro brewery beers and our 10:00 p.m. closing time, Phil is proposing an 8-week advertising campaign on the Cities 97 radio station. These ads would be run 13 times a week for 8 weeks at a cost of $735 per week. This radio station's primary listening audience is in the age group of 25 to 45, which is also the prime age group for micro brewed beers and fine wines. Based on the above costs and time frame, the total cost of this advertising is $5,880 for the full 13-week campaign. It is staff's feeling that this advertising will enhance and improve the business and profitability of the City's liquor operation. This is very similar to the radio campaign that was run in 1997. That campaign was gauged to be successful as sales of products advertised increased. The 1998 advertising budget includes $10,000 for store #1 and $4,000 for store #2. The proposed advertising for 1998 will not exceed these amounts. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Cities 97 for advertisements of liquor store merchandise and hours, at a cost of $735 per week, for a total cost of $5,880.00. WE:dn 9804068 COUNCIL ACTION: 100 N SIXTH ST, SUITE 306C MINNEAPOLIS, MN 55403 PH, 612-339-0000 FAX 612-349-6230 . CHANCELLOR COMMUNICATIONS CORPORATION CONTRACT DATE AGENCY ACCOUNT ADDRESS CONTACT 3/13/98 KTCZ-FM CAMERON GROSS/LOCAL TOP VALU LIQUORS 4340 CENTRAL AVE NE MPLS MN 55421 MON-SUN WEEK STD MONTH BILLING 15 *SPONSORSHIP* ATTN: PHIL SUCKERMAN(612) 781-7144 START DATE: END DATE: 78156 5/13/98 7/ 4/98 LINE~ DATES PRODUCT: SPRING 98 TIMES LEN MO TU WE TH FR SA SU RATE 1 5/13/98 7/ 4/98 7:OOP 12:00M 60 5X WED-FRI 2 5/13/98 7/ 4/98 3 5/13/98 7/ 4/98 8:00P 9:00P 60 SCHEDULE IN CITIES BLUES 12:00M 12:00M 60 lX WED-FRI 4X WED-SAT 4 5/16/98 7/ 4/98 3:00P IO:OOP 60 0 0 0 0 0 3 0 ADDITIONAL INSTRUCTIONS NOTARIZED INVOICES REQUIRED CITIES 97 APPRECIATES YOUR BUSINESS BILLING PROJECTIONS:BY MONTH MAY 98 JUN 98 JUL 98 CAL 2,205.00 2,940.00 735.00 STD 2,205.00 2,940.00 735.00 TOTALS: 8 AIR WEEKS 104 SPOTS 5,880.00 TOTAL COST F:*I..JIgD I:;,'IEC:AF:': FUN)]) ):)IES(:) FL' :I: F:'"F :1: ON :1.0 :!. 20:1. 2.03 204 2 () 5 212 213 :..'-.': 2. 5 ?.35 ?40 2. 50 2::'7:1. 277 412 4:L 5 431 60:1. 602. 6()3 609 70 :!. 7:1.0 '2:;:':~ 0 880 885 G !!i: 1',1 !ii: I:;,' A L. 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E:QU:[F:'FIEi:NT C 1';(':':' c: I.:: H :i. s 'Lc:) r y 4/:1. :.'."~/98 COLJtqC :1: t... C: :I:"I"Y OF= COI...I. JM:(3 :t: A I--tlii: :f: GI'-IT,fi; C'.'i!.~540R-V05,20 F'AGt!i: :t. 0 Cl..llii:C K t',ILJMBE:F;,' AMOI...II',IT 71 =";28 .L ,- ,. 94 TO CITY COUNCIL APRIL 13, 1998 "Signed Waiver Form Accompanied Application 1998 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LOCATED AT FEES BUILDING OFFICIAL *All Season Comfort, Inc. *All State Construction Service *M.J. Arndt *Courteau Plumbing *H & W Construction Services, Inc. *K's Mechanical *Latuff and Sons *Moran Builders *Rocheford Sewer and Plumbing 1417- 18t" St. N.W. 2610- 1't Avenue S.. 2808 Sherwood Road 2423- 19t" Avenue E. P.O. Box 364 20880 Nowthen Blvd. 4031 Monroe St.N.E. 4305 University Ave. N.E. 4527 Bryant N. 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 TREE SERVICES PUBLIC WORKS DIRECTOR *Northeast Tree & Timber 2527 Jackson St. N.E. 50.00 license.ag CITY OF COLUMBIA HEIGHTS Meeting of: April 8, 1998 AGENDA SECTION: CONSENT ORIGINATING CITY MANAGER NO: g,~ DEPARTMENT: Comm. APPROVAL Dev. . /) [ )./X~ c/ (MHFA MCPP) ~/' t~ - ! g DATE: APRIL 8, 1998 BACKGROUND: The City has been invited by the Minnesota Housing Finance Agency (MHFA) to participate in the 1998 Minnesota City Participation Program (MCPP) first time homebuyer program. Since starting to participate in this yearly program in 1991, over 60 loans have been completed or are in process for a total over $4,000,000. These loans, with reduced interest rates are enabling over 60 low income to moderate income first time homebuyer families to purchase homes in Columbia Heights. ANALYSIS: Under the MHFA MCPP, cities may apply for an allocation of up to $2,000,000 for providing loans to first time homebuyers in their communities at reduced interest rates (1 to 1 1/2% below market mortgage interest rates). The rate for the new program will depend on the rate secured through the MHFA sale of bonds to finance the program. This year, based on past experience and expectations for additional loans, the City applied for $2,000,000. For 1998, we were approved for funding in the amount of $485,303.00. Information on the program and the Program Application - Commitment Agreement are attached for your information. The City will furnish the necessary $100 processing fee and the necessary 1% proposal deposit which will be refunded to the City upon sale of the bonds for the program. Reimbursement is expected sometime in June. RECOMMENDED MOTION: Move to approve the Minnesota Housing Finance Agency Minnesota Cities Participation Program (MCPP) Program Application - Commitment Agreement and to approve the payment of the allocation deposit and processing fee in the total amount of $4,953.03 out of proper funds; and furthermore, to authorize the City Manager to enter into an Agreement for the same. COUNCIL ACTION: MtNN SOTA HOUSING FINANCE AGENCY DATE: TO: FROM: SUBJECT: March 26, 1998 1998 Mortgage Revenue Bond Allocation Applicants Michael Haley Director, Minnesota Homes Division 1998 Mortgage Revenue Bond Allocation Thank you for your application for an allocation of 1998 mortgage revenue bond authority. Pursuant to Minnesota Statute 474A.061. Attached is a list containing the amounts allotted to each applicant. This letter is your official notification of said allotments. This list is also forwarded to the Commissioner, Department of Finance, in accordance with the statute. Each applicant's final allocation was determined by applying a population-based formula. Pursuant to the Statute, no applicant received more than it was allowed by application of the population based formula. A minimum allocation of $100,000 was established under Statute. To request your allotment of bond authority from the Commissioner of the Department of Finance, each applicant must submit the specified fees and supporting documentation as prescribed by Statute. For applicants requesting MHFA to sell bonds on their behalf under the Minnesota City Participation Program, additional information is provided in this letter. For applicants who plan to sell bonds of their own behalf, we recommend that you confer with bond counsel. Should you have any questions regarding this allocation call: Peter G. Bloedoorn MCPP Coordinator 612-297-3128 (Metro) or 800-710-8871 (Greater Minnesota) 400 Sibley Street, Suite 300. St. Paul, Minnesota 55101 (5i2} 296-7508 Telecommunications Device for the Deaf (TDD) (812~, 297-'Z36~ NEWS ALERT Minnesota Homes Division MINNESOTA HOUSING FINANCE AGENCY MCPP - March 26, 1998 Enclosed are TWO originals of the MCPP Application Commitment Agreement. Please check this info rmation: Page 1: Page 4: City name and address Requested and approved commitment amounts Both original agreements, along with the specified fees (see enclosed fee schedule), must be returned by APRIL 8, 1998. Cities that return contracts after this date may be excluded from participation. Reminder: Both Agreements must be signed by an authorized individual and returned. We will execute the "MHFA Approval" section and return one copy to you. To determine the amount of fees due from your city, refer to the attached schedule. Please remit a single check made payable to: Minnesota Housing Finance Agency covering both the 1% application fee and the processing fee. The agency will cash all checks upon receipt and wire a single remittance to the Department of Finance. The processing fee will be retained by the Department of Finance to cover their' expenses in administering the housing pool. The 1% application deposit will be retUrned to you directly from Minnesota Housing Finance Agency approximately in June. Over the next week, we will be preparing marketing materials, including statewide and local press releases, for the 1998 MCPP. You may be contacted by a staff member to clarify your program features, confirm lenders, or to provide MHFA with any missing information. Our objective is to accurately describe your local program and highlight specific city enhancements. The statewide press release will contain a quote from MHFA's Commissioner and a list of all cities participating. For the local press release, you may provide a short quote from a local official. If you choose to do so, you must fax your quote to: Peter G. Bloedoorn 612-296-8292 Quotes must be received by April 3. For cities that do not send a quote, we will use the Commissioner's quote. 400 Sibley Street, Suite 300, SL Paul, Minneso[a 55101 (612) 296-8215 Fax- ~,612) 296-8292 -I-FY (612) 297-2361 Equal Oppcrtunity Housing and Eauat Opportun!t¥ Employment Minnesota City Participation Program 1998 Fee Schedule City Albert Lea Alexandria Anoka City Austin Baudette Becker County Beltrami Benson Bloomington Blue Earth County Breckenridge Buffalo Clearwater Columbia Heights Crow Wlng County Detroit Lakes Dilworth Bluff Country Duluth Eden Praide Fergus Falls Fridley Glencoe Glyndon Grant County Allocation Amount $472,315.00 $216,845.00 $459.587.00 $573.594.00 $100.000.00 $3OO 000.00 $8OO 000.00 $100 000.00 $2,267,466.00 $1,437,362.00 $100 000.00 $236 742.00 $100 000.00 $485 303.00 $1,287,353.00 $190,246.00 $100,000.00 $1,482,872.00 $2,221,203.00 $1,242,675.00 $339,735.00 $734,253.00 $134,969.00 $100,000.00 $150,000.00 Allocation Deposit $4,723.15 $ 2,168.45 $4,595.87 $5,735.94 $1 000.00 $3,000.00 $8,ooo.oo $1 ooo.oo $22,674.66 $14,373.62 $1 ooo.oo $2,367.42 $1,000.00 $4,853.O3 $12,873.53 $1,902.46 $1 ,ooo.oo $14,828.72 $22,212.O3 $12,426.75 $3,397.35 $ 7,342.53 $1,349.69 $1,000.00 $1,5OO.OO P~cessing Fee $1oo.oo $4o.oo $100.00 $120.00 $2o.oo $6o.oo $160.00 $2o.oo $460.00 $28O.OO $2O.OO $4o.oo $2O.OO $100.00 $260.00 $4O.OO $2o.oo $3OO.OO $440.00 $24O.OO $6O.OO $140.00 $2O.OO $2O.OO $4O.OO Total Due $4,823.15 $2,208.45 $4,695.87 $5,855.94 $1.020.00 $3,060.00 $8,160.00 $1~020.00 $23,134.66 $14,653.62 $1.020.00 $2,407.42 $1.020.00 $4,953.03 $13,133.53 $1 942.46 $1 020.00 $15,128.72 $22,652.03 $12,666.75 $3,457.35 $7,482.53 $1,369.69 $1,020.00 $1,540.00 MCPP Fee Schedule 3/98 MINNESOTA HOUSING FINANCE AGENCY MINNESOTA CITIES PARTICIPATION PROGRAM PROGRAM APPLICATION-COMMITMENT AGREEMENT THIS APPLICATION AND AGREEMENT is made and entered into by and between the City of Columbia Heights (hereinafter referred to as the "City"), with its office at, City of Columbia Heights, 590 40th Avenue NE, Columbia Heights, Minnesota 55421, and the Minnesota Housing Finance Agency (hereinafter referred to as the "MHFA"), with its office at 400 Sibley Street - Suite 300, St. Paul, Minnesota 55101-1998. WITNESSETH: Wlll,;RF. AS, thc MIIFA, under thc provisions of Minn. Stat. §474A.061 Surd. 2a (1095 Suppl.), is authorized to issue qualified mortgage bonds, as such term is used in the lutemtfl Revenue Code of 1986, as amended through the date of this agreement, on behalf of the City, and it has issued, or will issue, such bonds on the behalf thereof; and WItEREAS, the MHFA has i~nplemented the Minnesota Housing Finance Agency Minnesota Cities Participation Program (hereinafter referred to as the "Program"), and is using, or will use, the proceeds from the issuance of such bonds to fund the Program; and WIIEREAS, the City has requested and received a set-aside of funds from the Program: and WHEREAS, the City wishes to obtain a commitment by MHFA to purchase mortgage notes and mortgages (hereinafter referred to as "Mortgages") which will be originated by a lender or lenders which meet MHFA requirements for participation in programs funded by qualified mortgage bonds, designated by the City (hereinafter cumulatively referred to as the "Lender"); and WtlEREAS, Mortgages to hc purchased by the MHFA pursuant to tile commitment requested by tile City must only be fro' residences located within a geographic area to be established and designated by the City; and WItEREAS, the MHFA is willing to issue a commitment wherein it will agree to purchase Mortgages which are (i) originated by the Lender, (ii) reviewed, when required by the MHFA, in its sole option and discretion, by an entity to be designated by the MHFA (hereinafter referred to as the "File Reviewer"), and (iii) are in accordance with the terms and conditions of this Agreement, tile Program, and a procedural manual to be supplied by the MHFA (hereinafter referred to as the "Procedural Manual"), the provisions of which are hereby incorporated by reference into this Agreement as if set fi>rth in full herein; and WItEREAS, MHFA is willing to issue to the Lender a commitment under this Agreement, after it has been fully executed by 'all of the parties hereto (the fully executed document is hereinafter referred to as the "Program Commitment Agreement"), to purchase Mortgages originated by the Lender in accordance with the terms set forth hereinbelow, the provisions of the Program and Procedural Manual, and the terms of any other agreement entered into between the MHFA and the Lender. NOW, THEREFORE, in consideration of the covenants hereinafter contained and the mutual benefits to be derived therefrom, the parties hereto do hereby agree as follows: 1. City Requirements. All Mortgages submitted to the MHFA for purchase under the Program must comply with all of the requirements of the Program, and all of the requirements and provisions contained in the Procedural Manual and the Program Commitment Agreement. 2. Comnfitment and Commitment Amount. The City hereby applies for a commitment by MHFA to purchase Mortgages which (i) have been originated by the Lender, (ii) have been reviewed and approved, where applicable, by the File Reviewer, and (iii) meet thc requirements of and arc ~nade ill accordance with the provisions of the Program Commitment Agreement. the Program, and thc Procedund Manual; and the MHFA, by accepting this Program Application-Commitment Agreement, commiks to the pumhase of such Mortgages in the aggregate principal amount (hereinafter referred to as the "Commitment Amount") set forth hereinbelow. All Mortgages to be purchased by the MHFA pursuant to the Program Commitment Agreement shall be only for property which, and borrowers who, satisfy the requirements and provisions of the Program Commiunent Agreement, the Program, and the Procedural Manual. the City acknowledges that the commitment herein applied for shall be effective only upon the approval thereof by MHFA at the place provided for hereinbelow, and the delivery of a copy of the same by MI IFA I.o thc City, which approved applicalion shall constitute the Program Commitment Agreement. City Participation Program Form 95-1 1 (Vet - 6/2/95~ 3. Variance in Commitment Amount. A vari,'mce of Fifteen Thousand and No/10t) Dollars ($IS,0(KL(X)) in the total principal amount of Mortgages purchased under the Program Commitment Agreement, above or below the Commitment Amounl, shall be deemed by thc MItFA to constitute compliance with thc l'mgram Commitment Agreement. 4. Commencement of Activity. Upon the acceptance, execution, and delivery of the Program Commitment Agreement by MHFA to the City, the City shall select and designate Lender, and shall have Lender enter into and execute a Lender Application-Commitment Agreement in a form to be supplied by the MHFA. Lenders must meet MHFA requirements for participation in programs funded by qualified mortgage bonds. 5. Commitment Term. The term of the Program Commitment Agreement and the City's participation in the Program (hereinafter referred to as the "Commitment Term") shall commence on a date to be selected and specified by the MHFA, and shall continue for a peritxt of time to be established by the MHFA, in its sole option and discretion, provided, however, such time period shall not be less than Eight (8) ntonths. The MHFA shall transmit a written notification to the City of file date on which the Commitment Term shall commence. The Program Commitment Agreement, and the City's participation in the Program, shall automatically temtinate, without thc need for any action by cithcr party hereto, at the end of the Commitment Term. 6. Set-Aside Term. The Commitment Amount shall be set-aside and held by the MHFA for the sole use by the City for a period of time to be established by the MHFA, in its sole option and discretion, provided, however, such I/me period shall not be less than Six (6) months (hereinafter referred to as the "Set-Aside Term") commencing on a date to be selected and specified by the MHFA. The MHFA shall u'ansmit a written notification to the City of the date on which the Set-Aside Term shall commence. Any portion of the Commitment Amount not reserved for the purchase of qualifying Mortgages as of the end of the Set-Aside Term shall be cancelled and returned to the MHFA for redistribution under the Program in accordance with the provisions contained in the Procedural Manual. In addition, any portion of the Commitment Amount reserved for Mortgages which are not delivered to the MHFA for purchase within the time period delineated in tile Procedural Manual for such purchase, shall be cancelled and retumed to the MHFA for redistribution under the Program, and any funds contained in the Program at the end of the Commitment Term shall become funds of the MHFA, and u'ansferred to whatever program the MHFA, in its sole option and discretion, may designate. 7. Commitment Fees. No commitment fee shall be payable by the City for the commitment by tile MHFA to purchase qualifying Mortgages. 8. Purchase Price. Thc purchase price of each Mortgage It/ bc purchased by MtlFA hereunder shall be as set forth in file Procedural Manual. 9. Mortgage Terms. Thc interest rate for all Mortgages shall be set fi'om time to time by the MHFA, at its sole option and discretion, by way of a written statement to the City and the Lender: provided, however, any change in interest rate shall only apply to Mortgages for which an individual commitment is issued after the City and the Lender have received such notification of interest rate change. Mortgages shall meet all requirements of the Program, and those set forth in the Program Commitment Agreement, the Procedural Manual, and either the Originating Lender Application-Commitment Agreement or the Direct Seller Application-Commitment Agreement, whichever is applicable. I 0. Area Limitation. Tile City hereby specifically agrees that the MHFA shall, pursuant t{~ tile Program Commitment Agreement, be required to purchase only those Mortgages which are for residences located within a geographic m'ea to be established and designated by the City. 11. Warranties. The City hereby warrants to MHFA that, upon approval and delivery of thc Program Commitment Agreement by MHFA and the subsequent purchase by and delivery of Mortgages to MHFA pursuant thereto, all such Mortgages will have been made in compliance with, and will be in full compliance will), the terms and conditions contained in file Pmgranl Co~nmitment Agreement, file Program, and the Procedural Manual, and 'Al warranties set forth in tile Procedural Manual are adopted and made by the City, and shall be applicable to each such Mortgage. : 12. Servicing. The servicing of Mortgages shall be the sole responsibility of MHFA, or of those servicing institutions which MHFA may designate in its sole option and discretion. 1 3. Remedies. Time is of the essenee hereof. In file event that rite City defaults iu the observance or performance of any coventmt tlr condition in the Program Commitment Agreement or Procedural Manual, or in the event that any warranty made by the City with respect to any Mortgage is found to be untrue, then the MHFA shall be entitled to all remedies at law or in equity including, but not limited to; ti) the right to rescind acceptance of the Program Commitment Agreement, (ii) tile right to seek equitable relief by way of injunction (mandatory or prohibitory) to prevent the breach or threatened breach of any of file provisions of the Program Commitment Agreement, or to enforce the performance thereof, (iii) the right to seek dmnages, including consequential damages, arising by virlue of the MHFA's sale of its debt securities in relimlce on City l'articipation l'mg~'am Form 95-1 2 (Vet - 6/2,'95) the City's observance and perfom~ance of thc provisions of the Program Commilmcnt AgrccIllCllt, and (iv) the righ! to terminate thc Program Commitment Agreement, and upon such temfination the City shall have m/further rights pursuant hereto, provided, however, that such termination shall not diminish MttFA's rights specified in the Program Commitmeut Agreement and in the Procedural Manual. Ail such remedies shall be cumulative, and file exercise by the MttFA of any one tlr mm'e of them shall not in anyway alter tlr diminish the MHFA's right to any other remedy provided herein or by law. 14. Contract Documents. All Mortgage transactions between the City and the MHFA .pursuant to the Program Commitment Agreement are on a contractual basis. The contract in each ~nstancc consisting of the Program Commitment Agreement and the provisions and requirements contained in rite Procedural Manual, with all amendments and supplements thereto in any form in effect as of the date of the MHFA's acceptance of the Progran~ Commitment Agredment. 15. Assignment. Neither this Program Application-Commitment Agreement, the Program Commitment Agreement, nor any iuterest therein is assignable or transferable by the City, ()r by ()peratitm of law, without thc prit)r writlcn cousent of Otc MHFA. 16. Paragraph Captions and I'rogram tleadings. The captions and headings (ll' rite paragraphs of this Agreement are for convenience only, and shall not be used to imcrpret or define the provisions thereof. 17. Applicable Law. The Program Commitment Agreement is made and entered into in the State of Minnesota, and all questions relating to the validity, construction, perfitrmance and enfi)rcement hereof shall be governed by tile laws of the State of Minnesota. 18. Agreement Conditional Upon MIIFA Approval. The Program Commitment Agreement shall be a binding obligation of the MHFA upon its execution by the MtlFA and delivery of a copy of the same to the City. In the event that this Program Application-Commitment Agreement is not, l'or any reason, so executed and delivered by the MHFA on or before the 8th day of April, 1998, it shall be null and void and of no force or effect. 19. Issuance of Bonds. The City does hereby authorize the MHFA to issue, on behalf of the City, qualified mortgage bonds, as such term is used in the Internal Revenue Code of 1986, in an anmunt equal to the Commitment Amount, and the MHFA agrees to so issue such bonds if and when federal taw authorizes and tile MI IFA deems it is economically I'casiblc Itl do so. t'l111:, RF~MAININ(; P()RTI()N ()FT! lis PAGE IS INTF~N'I'I()NAI],Y I,I';FF BI,ANK) City Participation Program Form 95-1 3 {Ver - 612195) IN %qTNESS WItEREOF, the City has set its hand this day of 1998. REQUESTED COMMITMENT AMOUNT CITY: CITY OF COLUMBIA ItEIGHTS By: (Signature of Authorized Officer) (Printed or Typewritten Name of Authorized Officer) $2.000.000 MHFA APPROVAL MI-IFA hereby accepts thc above Program Applicafion-Commiunent Agreement and approves and grants the following: APPROVED COMMYFMENT AMOUNT $485.303 MINNESOTA ltOUSING FINANCE AGENCY By: Frances J. O'Neill Its: Operations Manager, Minncsola Homes Division Si[2ncd this day of _ ..... 1998 SUMMARY (To be completed by MHFA) City's requested commitment amount $2,000,000 Commitmen! Amount gnmtcd by MI IFA $48,5,303 City Participation Program Form 95-1 4 (Vet - 6/2/95) HEIGHTS (!') PUBLIC LIBRARY 820 40TH AVENUE N.E,. COLUMBIA' HEIGHTsj MN SS~i ;~S (6 f2~ 7~2-2'8~S TDD 782-2806 BOard ~f Trustees . ,.- .L~ ,~ _~.~ ;.;,;.: ..r:: ~''? ' '~ '~'~ ?'~'::'~' '~, : ~.' ~. ' ." ':. , '" ' '" Barbara Miller . . . ;~:~:. ~,....:, ; :,... ,~.~, .;~ :.~ .j::;~:~..-_~ ..: :~., .;* . . ~,: ;~ :': ' 'Chair . ,~ . . , ~ ;~ , . . . ~::: , ~.,-. .. ;~,~;_ . .~" 'Pa~ciaSowada Secretary . :*-t .:.- '-- . :.:., . .... r ~ ,: ~ : ~. .; -.,.- ' ~. Member~t!arge ~ . _=~ . ,~ ,~_,. , .......... = · , · : ' Donald Jolly ~:;;; ~:i~ "~;i~8'-r'~ ' ' ' '-"' Councllneprosentative ' ~AS: The ~efic~ Lib~ kssocJa~n 'h~ ;e( ~ide the Week 0f April 192[, 1998, to Libra~ D/rector recoil~ lib~ seNic~ ih C~iumbla Heigh~ MinnesOta, ~d throughoht the count~; . ~d, . :~ ': 2'2 ; : " Columbia Heights since December 3; ~; ~d, ~As: There ~e 12,807 residents Of~olumbia-~¢ghts who ~e active re~stered iibr~ c~d users; ~d, ~E~AS: The Columbia Heights ~blic L'{b[~'i;&e4 ;U~ 139,085 items ~d answered 22,682 : questions in 1997; ~d, ~AS: The Cqlumbia Heighis ~blic Libr~ exists t0 Provide informational and recreational materials bY maintalning a colle~tion °f 70,997 itlms: ~d, ~AS: The Columbia Heights ~blic Libr~-buildihg WE Used for 357 pro.ams during 1997 with a total attend~ce of 7,67~,~ ~ NOW, T~FO~. BE ~. ~SOLVED, that 1,. Joseph Sturdevani, Mayor of the City of Columbia Heights, do hereby officially proclaim the week of April 19 - 25, 1998, as NATION~ L~RARY ~EK in the City of Columbia Heights MinneSbta. CiTY ,OF COLUMBIA Mayor,?oseph Sturdevant City Of Columbia'Heights, Minnesota THE City OF COLUMBIA HEIGHTS DOES NOT DI$CRIMINAT.E ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION )F SERVICES CITY COUNCIL LETTER Meeting of: April 13, 1998 AGENDA SECTION: OTHER CONSIDERATIONS ORIGINATING CITY NO. 7 DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: Resolution No. 98-42 Being a Resolution BY: J. Student BY: Adopting the Goals Program for the City of Columbia DATE: April 7, 1998 DATE: Heights ~-/~ , / On March 21, 1998, members of the City Council and staff met for an all day goal setting retreat facilitated by Don Salverda. Attached is a copy of Mr. Salverda's report. The following are the highest priorities as drafted at the retreat: External 1) The need to improve the City's housing stock. 2) The need to continue to rehabilitate and improve the City's infrastructure. 3) The need to continue to improve the physical appearance of the City's commercial and industrial areas. 4) The need to increase the City's commercial and industrial property tax base. 5) The need to increase the City's facilities (City Hall, Recreation Center, Park and Recreation facilities). Internal 1) The need to improve the overall communication and team work among the council members and staff. 2) The need to develop a two-three year goals program for the City (Council and staff working interdependently) 3) The need to update the City's five year capital improvement program. 4) The need to promote the City in a positive way. 5) The need to improve two-way communication with the public. Since this retreat, the staff present at the retreat has meet twice to flesh out the action steps highlighted in the report. Also, specific areas of responsibility were assigned with monthly, quarterly, and semi-annual target dates for reports due on the progress of these goals. Monthly progress will be reported to the City Manager. Quarterly and semi-annual progress reports will be submitted to the City Council (preferably with sit-down review with department heads semi-annually). MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION Move to adopt Resolution No. 98-42 being a resolution adopting the goals by priority of the City of Columbia Heights. COUNCIL ACTION: RESOLUTION NO. 98£42 BEING A RESOLUTION ADOPTING THE GOALS PROGRAM FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS: On Saturday, March 21, 1998, the City Council and City staff met at a goal setting retreat; and WHEREAS: At the goal setting retreat the following priorities were drafted: External 1) The need to improve the City's housing stock. 2) The need to continue to rehabilitate and improve the City's infrastructure. 3) The need to continue to improve the physical appearance of the City's commercial and industrial areas. 4) The need to increase the City's commercial and industrial property tax base. 5) The need to improve the City's facilities (City Hall, Recreation Center, Park and Recreation Facilities). Internal 1) The need to improve the overall communication and team work among the council members and staff. 2) The need to develop a two-three year goals program for the City (Council and staff working interdependently). 3) The need to update the City's five year capital improvement program. 4) The need to promote the City in a positive way. 5) The need to improve two-way communication with the public. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council adopt this goals program as presented with the plan to have continued consideration of the goals and how they are being met in addition to constant evaluation by members of the Council and of the staff. Passed this 13th day of April, 1998. Offered by: Jo 11 ¥ Seconded by: Szu tek Roll call: A11 ayes Mayor Joseph Sturdevant Jo-Ax'me Student, Council Secretary CITY COUNCIL LETTER Meeting of.' April 13, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: r~ Community Development APPROVAL / ITEM: Conditional Use Permit BY: Joe Hollman~/fr~BY: ' ,-,~'~/ NO: Case # 9804-18, 2261 37th Ave. NE-- ~ ~ ,,. ~-"] q,' d-,t DATE: April S, 1998 ~ . Issue Statement: Dan Terzich, Manager of Ace Hardware, requested a Conditional Use Permit to allow the use of an accessory structure consisting of a 2 r x 48' tent to be located in the far~ast side of the parking lot at 2261 37t~ Ave. NE from April 19, 1998 through July 31, 1998 for the purpose of conducting retail sales of green and flowering plants. Background: The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and the placement of the accessory structure over eight parking spaces will still exceed required parking. According to Section 9.113(2)(a) of the Zoning Ordinance, accessory buildings are only allowed as a Conditional Use within any "KB" Business District. The proposal is consistent with zoning regulations. The same request has been approved in each of the past five years and has been operated with no significant complaints. The proposal is consistent with the Columbia Heights Zoning Ordinance and Comprehensive Plan. The proposed use has operated for each of the past five years over a similar time period and has not had any significant complaints. The Planning and Zoning Commission held a public hearing for the request on April 7, 1998. The Commission voted unanimously to recommend approval of the Conditional Use Permit with a condition to submit a $500 deposit to the License/Permit Clerk prior to installation of the structures on the site. Recommended Motion: Move to approve the Conditional Use Permit with a condition to submit a $500 deposit to the License/Permit Clerk prior to installation of the structures on the site. COUNCIL ACTION: 1 Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUMBIA HEIGHTS 1. Street Address of Subject Property: 2261N.5o 37th Avenue 2. Legal Description of Subject Property: Applicant: .~ 4. Name: ,~<' ~-~ /~ dJ~ ,~ Phone: Ow-ne r: Name: /~ ~7~'~ ~ LC,,%.'~C 5. Description of Request: Conditional Use Permit Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use 7. Reason for Request: To allow the placement of a tent in a portion of the parkino lot For the sale of green and flowerlng plants. Dates of Operation: Tent Size: ~It~%~t 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and SiMnature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that a~l statements herein are true and that all work herein mentioned will be done in acco~anc~h~he Ordinances of the City of Columbia Heights and the laws of the Sta~.e--af_~innesbta. % Signature ~ Applicant Date: ( ~ Taken By: ~' The GARDEN MART is designed to be a low cost, movable sales building for added spring Clear poly on ends to plant sales. It can be quickly set up in any retail parking lot. The GARDEN MART offers show your plants at protection for your "quality" plants and shopping comfor~ for your customers. their best. They will buy more on those cold, wet spring days. Frame sets u[~ like potable scaffold.  Up,er bench supports provide No measuring - no guesswork. additional display ~t'y a~ Icleai_.~, -'- ;'  sight lines. ~ '~_~" -. Check Our 'LEASE-MART" Finance Plan No Payments in Off Season!! NEW for '94 as an al- ternative to POLY-VtENT. The SLIDE-SIDE ventila- tion system operates manually and requires no elecrric/~ Installs and functions much like any sliding door. For minimum ventilation simply push panels open a little. For a lot of air movement push open all tl~e way. If maximum ventilation is desired, the panels can be comple[eiy removed as shown above. Just lift and pull out. GARDEi~4 MART shown with POIC./-VENT closed. In its lowered po- sition. POLY-VENT drops completely to the ground to allow for great ventilation and a view of product ~cm t~e o~side. Also. note v r,bi]it'.,' of product through the clear poly end panel. The GARDEN MART ass as a billboard to draw aEention to your spring plants. Shown acx2ve is a GARDEN MART fra,me with ~he new SLIDE-SIDE ventilation system insta~le~. The c~ea~' p~nets, made of double wailed poiycaroonate, will not shatter or crack. They are almost indestructa~le yet su~2er lightwe~ht. Easy to install and operate. I N C O R P O R A T E O O~tional pre-assembled 16 ga. s~eel bench toos make effective merchandising a Preeze. Bench [o~s are easily removed and bracket, s swing out of the way to disnlay larger items such as Christmas trees, etc. No Price Increase from Includes upper a.;~d lower benc2 supports, Not bench tops. 21' x30' STILL ONLY 2325od '~ 21'x48'-3,160.00 21'x 60' - 3,990.00 Galvanized Bench Packages Complete bench top system for: 21' x 30' - 768.00 No more welds. Bench ~ops are now made using d~e unique Quick Lok'~'system. Built to -~'21 ' X 48' - 1,344.00 be strong and clean. Sharp corners have 21' x 60' - 1,728.00 been rounded off and bench tops stack tightly when not ~n use. FAX 1-507-663-0365 CANADA CALL 1-507-663-0362 C^ST MN 1-800-852-3443 DOES THE WIND EFFECT THE GARDEN MART? NO...The sketch at the right shows the secret of holding the GARDEN MART in place during high winds. 1. Hanging baskets are hung from purlins attached directly to the hoo~s. Th~s transfers all basket weight to individual hoObS. 2. The weight of ail flats, pallets and bench tops rests on the unioue built-in benctl supports. Again, bench supports are firmly attached to each hoop. 3. Heav~,, water filled tubes or concrete blocks rest directly on tr~e ground and lower member of the Bench supports. (Over 8.000 Bounds of water or 16.000 pounds of concrete ~tock holds the GM-60 in place.) The combined weight of baskets, flats, side benching and water tubes or concrete block is concentrated along both sides of tt~e GARDEN MART. This comomed weight firmly anchors the GARDEN MART against vertIcal and straight line winds. HOW DOES THE POLY-VENT 11 SIDE OPERATE? The GARDEN MART's Poly-Vent II sides can be open or ctosed to maximize customer comfort and plant protection. C~ose the sides completely to keep out raw spring winds. On nicer days, open the sides for maximum fresh air flow through the selling area. Drooping the sides to ground level allows customers to shop from outside the GARDEN MART. One small blower inflates the Poly-Vent 11 tubes. When inflated, Poty-Vent 11 seals out cold and wind w~th 8-inches of insulating air space. Poly-Vent II sides on your GARDEN MART adds weeks to your selling season, tatting you start early in the spring and sell late into the f'aii. This means acCeo sales and profits in your pocket. Optional galvanized bench tops increase display flexibility. Constructed of 16 ga. roll-formed steel, these sturdy bench tops create up to 972 sq. ft. of two-dared displ~.y s~ace in the 60' model. Upper bench tops measure 1'.6" by 6'-0'!, !owe,'~ench tops ar~ 3'-0" by O'-0". Bench tc~ endcaps simply rest on side and center bench suppcrts. Bench se~Jon., l;ff off easily to make room for large display items or to create instant aisles. ~, ~'~ ..... ; ~-.~. :- %L~' ,, ;.- :%. ¢::' .';.-.~;~'~ (~  ~ ~:~. ;.:.':L. '~:: ". ' t"~ ~~D.~'8 mil ~t:~) . Large (6"x27") bumper sticker ~pe signs are ~G~~11 included. Bnght, easy to read signs can be permanently a[tac~ed to the GARDEN - MART. 12 signs included. Make UD many ~~.~i~ phrases such as, "BEDDING PLANTS" or - ' "GARDEN SUPPLIES." Decorative flowers ~~Y~:8'~,..~":t~C~~e '~m~~re ~eby~ ~h .....,; ~~ng) ~ ',, , ',,~r~rin~ion included. I N C O R ;3 O R A T E CANADA CALL 1-507-663-0362 RO.BOX 458 CASTLE ROCK, MN 55010 FAX 1-507-663-0365 1-800-852-3443 The Garden Mart retail greenhouse trans- forms parking tot space into a complete, outdoor garden center. Combining plant protection and customer comfort, the Garden Mart extends the selling season by reducing product shrinkage. Easy set up and tear down make the Garden Mart an ideal temporary selling structure. Poly water-filled tubes or concrete blocks anchor the steel hoop structure, eliminating the need for perma- nent footings. Collapsible sidewalks provide natural ventilation during warm weather and insulation against early spring frost. Multi-level benches display products while also storing invert[cry. The Garden Mart measures 21-feet wide and comes in lengths of 48, 60 and 96 feet. For more information on the Garde Mart, contact Pol¥-Tex, Inc., P.O. Box 458, Castle Rock, MN 55010, or call 800-852-3443. Roger Schultz, Store Development, 708-990-6495 28 CITY OF COLUMBIA HEIGHTS (!") 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 /J~arlaine Szure/~, £hair James Fowler ~us$ ?au/son ~ar~ Pete~on Thomas ~amsdell 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, April 7, 1998. The order of business is as follows: A request for a Conditional Use Permit to allow an accessory structure to be used for retail sales of green plants in the parking lot of 2261 N.E. 37th Avenue from April 19, 1998 through July 31, 1998. Section 9.113(2) of the Retail Business District Section of the Zoning Ordinance requires a Conditional Use Permit for the use of accessory structures. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDD/782-2806 for deaf only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY iN EMPLOYMENT OR THE PROVISION Of SERVICES EQUAL OPPORTUNITY EMPLOYEF~ CITY COUNCIL LETTER Meeting off April 13, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER Community Development APPROVAL ITEM: Resolution 98-41, which is a resolution to Hollman,~lLf allow a Lot Split at 1675 44th Avenue. Also a Conditional Use Permit, Variances, and Plat. DATE: April 8, 1998 NO: Case # 9804-20, 1675 44th Avenue t~,i~ o,t, Issue Statement: Crest View Corporation is requesting a Conditional Use Permit, Variances, a Lot Split, and Plat to construct a HUD 202 40 unit low income Senior Housing Complex (retirement home) at 1675 44~ Ave. NE, which is the proposed address of the lot split parcel. Background: The Department of Housing and Urban Development (HUD) is providing financing for this project, and one of the requirements for this financing is that the complex be constructed on a separate parcel. This is the reason for the lot split. The plat is not required, but is being requested by the City in an effort to simplify legal descriptions for the entire Crest View property. After the property is platted it will be legally described with a lot and block number, rather than a metes and bounds description, which is used to legally describe the lot split. Crest View Corporation is requesting the lot split because it is the quickest method in which to subdivide the necessary parcel. The timing is needed for the HUD 202 financing. The proposed building is being considered to be similar to a retirement home, which requires a Conditional Use Permit in the R-3 zoning district, provided that the site contain at least 400 square feet of lot area for each person to be accommodated and buildings are 25 feet or more from a lot line of an abutting lot in an "R" district. The proposal meets these provisions. It was determined that six (6) variances are needed after reviewing the plan for consistency with the Zoning Ordinance. The Ordinance requires two (2) parking spaces for each dwelling unit. Crest View is requesting .5 space per unit, which requires a variance. · The Ordinance also requires that parking must meet front yard requirements. The proposal indicates that parking spaces will be located in the front yard, which requires a variance. Crest View is planning to construct two (2) approximately eight (8) foot wide walkway links between the proposed building and existing buildings. These links will require four (4) variances: A ten (10) foot side yard setback variance and a twenty (20) foot rear yard setback variance are required for the lot split property; Also, two (2) ten (10) foot side yard setback variances are required for the links to existing buildings on what is considered the remainder property. The lot split proposal meets Zoning Ordinance requirements and is consistent with the Comprehensive Plan. At this point, no information has been provided on the plat. The Planning and Zoning Commission held a public hearing for the request on April 7, 1998. The Commission voted unanimously to recommend approval of the Conditional Use Permit subject to the conditions listed in the recommended motion. The Commission voted unanimously to recommend approval of all 6 variances. The Commission also voted unanimously to approve the lot split and to table the plat until Crest View Corporation provides the necessary information. Case # 9804-20 Page 2 Recommended Motion: Move to waive the reading of Resolution 98-41, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 98-41, which is a Lot Split request at 1675 44t~ Avenue NE. Recommended Motion: Move to approve the Conditional Use Permit to allow a low income Senior Housing Complex (retirement home) in the R-3 zoning district, subject to the following conditions: 1. Solid waste material shall be so located and fenced as to be removed from public view; 2. Mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material so that such equipment is not visible at street level or from neighboring properties; 3. Lighting shall be directed away from adjoining properties and public right-of-way; 4. Water mn-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. 5. All required state and local codes, permits and inspections will be met and in full compliance. 6. All loading and unloading must be performed on site and not encroach into the public right-of-way. Recommended Motion: Move to approve variances to Sections 9.116(4)(f), 9.116(2)(d), 9.109(4)(a)(iv), 9.109(4)(a)(v)because strict adherence to the provisions of this Ordinance would create a hardship to the landowner. Recommended Motion: Move to table the plat request until Crest View Corporation provides the necessary information. COUNCIL ACTION: RESOLUTION NO. 98 - 41 SUBDIVISION REQUE8T CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Shirley Barnes, CEO Crest View Corporation, PIN 36 30 24 21 0156 Legally described as: CREST VIEW PARCEL (Existing) hereby request a split of PIN 36 30 24 12 0090 and That part of the south 535.00 feet of the north 568.00 feet of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota, lying west of the west fight of way 1/ne of Reservoir Boulevard (the 100.00 foot strip of land as described in Book 18, Page 539 on file in the office of the Anoka County Recorder). Except: The south 140.00 feet of the north 173.00 feet of that part of the Northeast Quarter lying west of the west fight of way line of Reservoir Boulevard, and east of the west 313.00 feet of said Northeast Quarter. And except: The south 132.70 feet of the north 165.70 feet of the west 313.00 feet of said Northeast Quarter. And except: The south 29.30 feet of the north 195.00 feet of the west 242.30 feet of said Northeast Quarter. And except: The south 5.15 feet of the north 200.15 feet of the west 217.30 feet of said Northeast Quarter. And except: The south 28.00 feet of the north 228.15 feet of the west 191.15 feet of said Northeast Quarter. And except: The south 24.35 feet of the north 252.5 feet of the west 171.00 feet of said Northeast Quarter. And except: That part of the south 315.5 feet of the north 568 feet of the Northeast Quarter of Section 36, Township 30, Range 24, lying westerly of the following described line: Commencing at the North Quarter Comer of said Section 36; thence South 00 degrees 04 minutes 12 seconds West (assumed bearing) along the West line of said Northeast Quarter, a distance of 252.5 feet to the North line of said south 315.5 feet of the north 568.00 feet of the Northeast Quarter; thence South 89 degrees 34 minutes 34 seconds East, along said North line of south 315.5 feet, a distance of 25.00 feet to the actual point of beginning of line to be described; thence South 52 degrees 45 minutes 10 seconds East, 75.17 feet to the Northwest comer ofa 2 story brick building; thence South 00 degrees 16 minutes 00 seconds West, along the face of said building 54.00 feet to the southwest comer of said building; thence South 13 degrees 53 minutes 10 seconds East 63.42 feet; thence South 00 degrees 04 minutes 12 seconds West, 110.00 feet; thence South 89 degrees 34 minutes 34 seconds East, 40.27 feet; thence on a tangential curve, concave to the Southwest, whose central angle is 90 degrees 00 minutes 00 seconds and whose radius is 45.00 feet, a distance of 70.69 feet to the South line of said north 568.00 feet of the Northeast Quarter, and there terminate. ROYCE PLACE PARCEL (Existing) The south 535.00 feet of the north 568.00 feet of the East One Eighth of the Northwest Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota, except the west 30.00 feet thereof, and except the south 219.50 feet of the north 252.50 feet of the east 90.00 feet of the Northwest Quarter. Together with: That part of the south 315.5 feet of the north 568 feet of the Northeast Quarter of Section 36, Township 30, Range 24, lying westerly of the following described line: Commencing at the North Quarter Comer of said Section 36; thence South 00 degrees 04 minutes 12 seconds West (assumed bearing) along the West line of said Northeast Quarter, a distance of 252.5 feet to the North line of said south 315.5 feet of the north 568.00 feet of the Northeast Quarter; thence South 89 degrees 34 minutes 34 seconds East, along said North line of said south 315.5 feet, a distance of 25.00 feet to the actual point of beginning of line to be described; thence South 52 degrees 45 minutes 10 seconds East, 75.17 feet to the Northwest comer ora 2 story brick building; thence South 00 degrees t6 minutes 00 seconds West, along the face of said building, 54.00 feet to the Southwest comer of said building; thence South 13 degrees 53 minutes 10 seconds East, 63.42 feet; thence South 00 degrees 04 minutes 12 seconds West, 110.00 feet; thence South 89 degrees 34 minutes 34 seconds East, 40.27 feet; thence on a tangential curve, concave to the Southwest, whose central angle is 90 degrees 00 minutes 00 seconds and whose radius is 45.00 feet, a distance of 70.69 feet to the South line of said north 568.00 feet of the Northeast Quarter, and there terminate. Page 2 Resolution 98 - 41 THE DESCRIPTION HENCEFORTH TO BE: PROPOSED LEGAL DESCRIPTION - SEC. 202 LOT SPLIT FOR CREST VIEW LUTWE, R AN That part of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota, descn'bed as follows: Commencing at the North Quarter Comer of said Section 36; thence South 00 degrees 04 minutes 12 seconds West (assumed bearing) along the West line of said Northeast Quarter, a distance of 252.50 feet to the North line of the south 315.50 feet of the north 568.00 feet of the Northeast Quarter; thence South 89 degrees 34 minutes 34 seconds East, along said north line of the south 315.50 feet, a distance of 25.00 feet; thence South 52 degrees 45 minutes 10 seconds East, 75.17 feet to the northwest comer ora 2 stoW brick building; thence South 00 degrees 16 minutes 00 seconds West, along the face of said building, 54.00 feet, to the Southwest comer of said building; thence South 13 degrees 53 minutes 10 seconds East, 34.39 feet to the actual point of beginning of tract to be described; thence South 40 degrees 00 minutes 00 seconds West, 106.67 feet; thence West, 24.53 feet to the west line of said Northeast Quarter; thence South 00 degrees 04 minutes 12 seconds West, along said west line, 100.72 feet to the south line of the north 568.00 feet of said Northeast Quarter; thence South 89 degrees 34 minutes 34 seconds East, along said south line, 208.00 feet; thence North 27.38 feet; thence North 40 degrees 00 minutes 00 seconds East, 82.02 feet; thence North 50 degrees 00 minutes 00 seconds West, 167.00 feet; thence North 89 degrees 34 minutes 34 seconds West, 28.00 feet to a point which bears North 40 degrees 00 minutes 00 seconds East from the point of beginning; thence South 40 degrees 00 minutes 00 seconds West, 17.99 feet to the point of beginning. 2) CREST VIEW PARCEL (Remainder} That part of the south 535.00 feet of the north 568.00 feet of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota, lying west of the west right of way line of Reservoir Boulevard (the 100.00 foot strip of land as described in Book 18, Page 539 on file in the office of the Anoka County Recorder). Except: The south 140.00 feet of the north 173.00 feet &that part oft_he Northeast Quarter lying west of the west right of way line of Reservok Boulevard, and east of the west 313.00 feet of said Northeast Quarter. And except: The south 132.70 feet of the north 165.70 feet of the west 313.00 feet of said Northeast Quarter. And except: The south 29.30 feet of the north 195.00 feet &the west 242.30 feet of said Northeast Quarter. And except: The south 5.15 feet of the north 200.15 feet of the west 217.30 feet &said Northeast Quarter. And except: The south 28.00 feet &the north 228.15 feet of the west 191.15 feet of said Northeast Quarter. And except: The south 24.35 feet of the north 252.5 feet of the west 171.00 feet of said Northeast Quarter. And except: That part of the south 315.5 feet of the north 568 feet of the Northeast Quarter of Section 36, Township 30, Range 24, lying westerly of the following described line: Commencing at the North Quarter Comer of said Section 36; thence South 00 degrees 04 minutes 12 seconds West (assumed bearing) along the West line of said Northeast Quarter, a distance of 252.5 feet to the North tine of said south 315.5 feet of the north 568.00 feet of the Northeast Quarter; thence South 89 degrees 34 minutes 34 seconds East, along said North line of south 315.5 feet, a distance of 25.00 feet to the actual point of beginning of line to be described; thence South 52 degrees 45 minutes I0 seconds East, 75.17 feet to the Northwest comer ora 2 story brick building; thence South 00 degrees 16 minutes 00 seconds West, along the face of said building 54.00 feet to the southwest comer of said building; thence South 13 degrees 53 minutes 10 seconds East 34.39 feet; thence North 40 degrees 00 minutes 00 seconds West, 17.99 feet; thence South 89 degrees 34 minutes 34 seconds East, 28.00 feet; thence South 50 degrees 00 minutes 00 seconds East, 167.00 feet; thence South 40 degrees 00 minutes 00 seconds West, 82.02 feet; thence South 27.38 feet to a point on the south line of said north 568.00 feet of the Northeast Quarter and there terminate. Page 3 Resolution 98 - 41 3) ROYCE PLACE PARCEL (Remainder) The south 535.00 feet of the north 568.00 feet of the East One Eighth of the Northwest Quarter of Seciton 36, Township 30, Range 24, Anoka County, Minnesota, except the west 30.00 feet thereof, and except the south 219.50 feet of the north 252.50 feet of the east 90.00 feet of the Northwest Quarter. Together with: That part of the south 315.5 feet of the north 568 feet of the Northeast Quarter of Section 36, Township 30, Range 24, lying westerly of the following described line: Commencing at the North Quarter Corner of said Section 36; thence South 00 degrees 04 minutes 12 seconds West (assumed bearing) along the West line of said Northeast Quarter, a distance of 252.5 feet to the North line of said south 315.5 feet of the north 568.00 feet of the Northeast Quarter; thence South 89 degrees 34 minutes 34 seconds East, along said North line of said south 315.5 feet, a distance of 25.00 feet to the actual point of beginning of line to be described; thence South 52 degrees 45 minutes 10 seconds East, 75.17 feet to the Northwest corner of a 2 story brick building; thence South 00 degrees 16 minutes 00 seconds West, along the face of said building, 54.00 feet to the Southwest comer of said building; thence South 13 degrees 53 minutes 10 seconds East, 34.39 feet; thence South 40 degrees 00 minutes 00 seconds West, 106.67 feet; thence West 24.53 feet to the West line of said Northeast Quarter, and there terminate. 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 $3,372.25 be paid by Crest View parcel. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (I) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Moved to recommend approval of the lotsplit as it meets the requirements of the Zoning Ordinance and is compatible with the Comprehensive Plan. This 7th day of April ,19 98. Offered by: Peterson Seconded by: Paulson RollCall: All Ayes or~i~g Officer ' CITY COUNCIL ACTION: ..C.,~_ t V. iew Corporation '-"~hirley Barn~ffcEo Signature of Owner, Notarized 4444 Reservoir BIvd. Owner's Address Telephone No. 782-1611 SUBSCRIBED AND SWORN TO BEFORE ME this ~c~ day of ./x/~ r,¢ ~. , 19 ,~. "lq~3't~ry Public APPROVED This 1 3t~ay of April ,1998. Offered by: Peterson Seconded by: Szurek Roll Call: A1 1 ayes JANE ANN GLEASON ~l~ ~, C~m. ~.~. Sl, ~ Secretary to the Council Joseph Sturdevant, Mayor FEE $150.00 DATE PAID 3-19-98 RECEIPT No. 36821 <~ Z CD ~-~ ~< xo z tq Barnes Jur. e 19, 1997 will.:r=vide su=ucr~i~re._ hcus%..= _._ _..e elderly, as ~__~l_ ar~ =" years cf age =-~ older. =he wes~ end of =he Cras= vie~C'.. ..... -- !=y c~us ..... ~r~gr~ is a c=~i%~! ad';~c~ ~r~gr~,, w~ch means The 'Uj~: 2T2 ._ - . z,~ prcgr=--~ re.aires the' =ena=~.== Day cne-=hir~ cf ~heir i...-m_~. = =cwar~s -=--=~ cf .he ~-----=-- '==, in.=~.~' - eligibility _~ ~-~.. ~ ~hls ~r~g-=~_ =-= S29, n=,~._~ for one .=erscn and .~_ ~'~ persons. ~.ne k.---Q.~ 2n2 .~--_-=-- ~ -2di:i-.. ,~c our ca_--..=us and due CC' ~ = ' 0~ .... -.~ bui!dlnc. . The cf %ks ar~=s ~.~has~=~ ~- ~_h-= a~iica=icn _~s -h~ -= ..... i= is also = 'wonderful availabi!i=y cf se~zices ~. ....... addition ~c Col'~T~ia Eeigh~s due -~_- ~= a~er of D~le over ~he -_fcrdabie for ~ec~le cn !cwer _i e~ ?-.e Cr--_su View Ccr~.~ora-_ion _=card cf Direc,~crs a.uDrcved moving fo_--ward wi~h a_~!ylng for =he gr=----=. The a.~ilca=icn is alr~a~.v in .=r:cess ar.d should be cc~r~.--ie~ed prior ~o ~i-.e k-u'D deadline, ,which is July 2.=, 1997. if _ . . t,= ~-~ 202 program and Cresn you ha-re any ~=esuicns recar~in? h- View's in=~n~ ~ a~!-z ~ _ ~ =-ee Uo conuac: . . .c~ Uhe granu, please fee~ ._ SUPL~Y OF HUD 202 CAPITAL ~V~CE GF3/TT A_.L!CA._ON~: ~ Crest View Corpcrauion in~ends uo apply for a Eu-D 202 .qranu which w_~_ provide supportive housing for The elderly, which is defined as people who -r_ 62 years c= age and older We in,end tc amu!v for 40 un£_= and tc build the new building on · - = - ~n~,,u .... .~ ca~pus. The k-JD 202 the wes~ end c~ the Cres~ Vie-w ~ ~...~--- program is a capita! advance _~rcgr~, which means Uha= if Cres~ View is awarded ~'~= grant, we wi'! receive ~he ca_mica!, based on i~JD limits, tc hei!c it. Cur financial cb!Iga=ion is $i0,000, - _ --- -~ ec~ _._ =- .mericd cf =~. k_e_= years. The HUD ~0= ~rccr~m-et'i_= -~ - ~ ~ _ ~ ~u ~ = = ~enan~s pay one-~hird cf their income ~cwards _e..-=a- ~= cf =~= aunt=metz The income ~~--~ limits for this.urcgr~m are Sc0,050, for one person and $2~.,900 for ~wo persons. ~e HUD 202 Dr=cram ~= a wcnderfu! -d'i~_ --- . _ -- = c ion ~o our camuus and due ~o ~he fac: ~ha; we a~==dv____ _ have so many sez-¢ices in ~. i--e.=~ , makes i: ccnvenien~ =~--~.= the ~enan~s wkc wcu!d live _..~ ~ke new building One c= ~he areas em~h-s: ~ ' a-zai~:~ 7 ~--z c=_=err:-== =~ -=-=-ns. __r- __~= azsc' =- ,wonc'=~=-,' ..... addition ~ Ccl'~ia Heighus due nc ~ .-..= n'~er of ~eop~= over ~he ~ cf ~2 =~ -==~ cf hcusinc 5ka~ ~ ate - ffc~dab~ = The =- =e..-,.t~=~ wiTM cnl-z Da-z one-~hirl c= -~=:-' income makes . his = ~ =~ ~- -=c~_e~ - cn lower fixed incomes. ~- housinc ,-_d which is d==~ ' =ha=~='- paying more =hat 30% c= -helr~ income fo~_ _et- =, _.~n Coi~nbia H=i_h,s is as .... : = ' wit~ ~ nee' _ 6~ - 74. One ~erscn ~ " ="S .~ a hcus:-- ~ c ace SS ~ousehc !ds '--'wO cersor. -e-.-eus w .... a kc%is: ' ~ ~ -~' ~==~ ace 6= - 74 2! hcusehc!ds One person ~=~ -ne 75 and older .... nero wi~h a housing need =~ . 197 househc!ds -~o person _-..ue_- wick ~=~ ~= a housing need age 75 and older. The ~cua! housing n==d for Ccl'~ia Heighus is 313 households. _.~= median income for ~ecp!e =: - 74 in Col~mbia Heighms is ~--,~" =~__. ~e..~ m~~:=~ income for ~ec~!e 75, ---~ Co!~.ia Heich~s _-~= $12,923. ' - --,= Cres~ View Ccr_mcraticn =_card cf Ci___:o_--=~ ~= ap.mroved mcvin=_ f3-~ard with app!Izing for the crant The app!icazicn is a!readv --..~rocess and shcu!d be comule~ed. .~ricr to the k-u-D which is July 28, 1997. City of Columbia Hei,*hts Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Date: 3-20-98 Case No.: ~ Fee: 7~, c,.£~ Date Paid Receipt No.: 1. Street Address of Subject Property: Pror>osed Site Address: 1675 - 44th Ave. NE. Columbia Heiehts. MN 55421 Legal Description of Subject Property: That part of the Northeast Quarter of Section 36. Township 30, Range 24. Anoka County, Minnesota. described as follows: Commencine at the North Quarter Comer of said Section 36; thence South 00 de~ees 04 minutes 12 seconds West (assumed bearine) alone the West line of said Northeast Quarter. a distance of 252.50 feet to the North line of the south 315.50 feet of the north 568.00 feet of the Northeast Quarter: thence South 89 degrees 34 minutes 34 seconds East, along said north line of the south 315.50 feet, a distance of 25.00 feet: thence South 52 deerees 45 minutes 10 seconds East. 75.17 feet to the northwest comer of a 2 story brick buildine: thence South 00 de_o-rees 16 minutes 00 seconds West. along the face of said building. 54.00 feet. to the Southwest comer of said buildine; thence South 13 dem-ees 53 minutes 10 seconds East. 34.39 feet to the actual point of beginning of tract to be described: thence South 40 de~ees 00 minutes 00 seconds West. 106.68 feet: thence West. 24.53 feet to the west line of said Northeast Quarter: thence South 00 de~ees 04 minutes 12 seconds East. alone said west line. 100.72 feet to the south line of the north 568.00 feet of said Northeast Quarter: thence South 89 dem-ees 34 minutes 34 seconds East.. alone said south line 208.00 feet: thence North. 27.38 feet: thence North 40 dem-ees 00 minutes 00 seconds East. 82.02 feet: thence North 50 deerees 00 minutes 00 seconds West. 167.00 feet' thence North 89 deerees 34 minutes 34 seconds West. 28.00 feet to a point which bears North 40 deerees 00 minutes 00 seconds East from the point ofbeeinnine; thence South 40 de~ees 00 minutes 00 seconds West. 17.99 feet to the point of beeinnine. Applicant: Name: Crest View Corporation Address: 4444 Reservoir Blvd. NE. Columbia Heiehts. MN 55421 Phone: 612-782-1611 4. Owner: Name: Crest Vie~v Corporation Address: 4444 Reservoir Blvd.. NE.. Columbia Heiehts, MN 55421 Phone: 612-782-1611 Description of Request: Request for Var/ances - Parkine and yard setbacks in new lot split property located on Crest View Campus. 6. Zoning: Applicable City Ordinance Number 818 Section 9 and 16 Present Zoning_ R-3 Multil~le Familv Proposed Zoning. Same Present Use Nursin~ Home/Multiple Family Proposed Use Multiple Family/ Retirement Home 7_. Reason for Request: Variances: (a) Var/ance Requested. Parking: Parkin~ - Section 16. 9.116 (4). Offstreet parkin~ para~aph f- Offstreet parkin~ rec~uired is 2 parking stalls for every dwellin.~ unit - Request that ~arkin~ re0uirement be reduced to .5 stalls for each dwelling. Request submitted because project is senior housings, most do not drive. Bn.q transportation available. (b) Variance Requested. Yard Setbacks: Parking - Section 16.9.116(2) Off-street parking, param'aph D - parking stall be subject to front yard setback. Request that parkin~ be allowed in front yard setback.. Request recluired to meet parking requirements .(..c.) Var/ance Requested. Yard Setbacks: Setback- Section 9.9.109(4) Yard .r. equirements, request to allow walkway link structure within rear/side yard setbacks. Links will be used to connect new buildin~ with existing campus buildin~. Allows for climate controlled access to campus activities/functions. 8. Exhibits Submitted (maps, diagrams, etc.) Site Plan 9. Acknowledm-nent and Si_o-nature: The undersig~ned hereby represents upon all of the penalties of law, for the purpose of inducing the City, of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City, of Columbia Heights and the laws of the State of Minnesota. S i ~ature o f App lic a~/~-/_v~Y~ ~"ate: City of Columbia Heights Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other X Application Date: 3-20-98 Case No.: Fee: /4,z,. ~ C Date Paid .,~ q/~" Receipt No.: ..5~; .fl?.-/ 1. Street Address of Subject Property: Proposed Site Address: 1675 - 44th Ave. NE. Columbia Heights. MN 55421 Legal Descr/ption of Subject Property: That part of the Northeast Quarter of Section 36. Township 30. Range 24. Anoka County. Minnesota. described as follows: Commencina at the North Quarter Comer of said Section 36: thence South 00 dea-rees 04 minutes 12 seconds West (assumed bearing) along the West tine of said Northeast Quarter. a distance of 252.50 feet to the North line of the south 315.50 feet of the north 568.00 feet of the Northeast Quarter: thence South 89 dem'ees 34 minutes 34 seconds East. along said north line of the south 315.50 feet, a distance of 25.00 feet: thence South 52 degrees 45 minutes 10 seconds East. 75.17 feet to the northwest comer of a 2 story brick building: thence South 00 de~ees 16 minutes 00 second~ West. along the face of said building. 54.00 feet. to the Southwest comer of said building: thence South I3 degrees 53 minutes 10 seconds East. 34.39 feet to the actual point ofbeainning of tract to be described: thence South 40 degrees 00 minutes 00 seconds West. 106.68 feet: thence West. 24.53 feet to the west line of said Northeast Quarter: thence South 00 de_o-tees 04 minutes 12 seconds East. alon~ said west line. 100.72 feet to the south line of the north 568.00 feet of said Northeast Quarter: thence South 89 de~ees 34 minutes 34 seconds East.. along said south line 208.00 feet: thence North. 27.38 feet: thence North 40 de,ecs 00 minutes 00 seconct.q East. 82.02 feet: thence North 50 dewrees 00 minutes 00 seconds West. 167.00 feet' thence North 89 degrees 34 minutes 34 seconds West. 28.00 feet to a point which bears North 40 de_o-rees 00 minutes 00 seconds East from the point ofbegirminm thence South 40 de~ees O0 minutes O0 seconds West. 17.99 feet to the point of beginning. Applicant: Name: Crest View Corporation Address: 4444 Reservoir Blvd. NE. Columbia Heights. ,.MN 55421 Phone: 612-782-t611 5. Description of Request: 4. Owner: Name: Crest View Corporation Address: 4444 Reservoir Blvd. NE.. Columbia Heights. MN 55421 Phone: 612-782-1611 Request for Conditions Use Permit o Zoning: Applicable City Ordinance Number 818 Present Zoning R-3 Multiple Family Present Use Nursin~ Home/Multiple Family Section 9 Proposed Zoning Same Proposed Use Multiple Family/ Retirement Home 7. Reason for Request: Request Conditional Use Permit be re'anted for new HUD 202 40 unit senior housinz comolex [retirement home]. To be built on new lot split parcel at Crest View Campus. 8. Exhibits Submitted (maps, dia~ams, etc.). Site olan. Building plans. Schedule 9. Acknowledmment and Si~*nature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Mirmesota. 8a/81/1998 ii: ~6 7887682 KU~.TH 93P. UEY!~3 IHC PaGE 82 ~Variance '~ubdiv~$ ~on App~ovm~ !. Street Address o£ Subject l. :Letal De~cr£ptlon o£ S~bject Property~ ~-~ ~TT~,C~-k~_ _T~_ _ De~cription of Kequ.st :_~Q'~: ~:~%.~.'T ! 'Applicable City Ordinance Number Ackno~ledKment and SiK~ei The undersigned hereby represents upon all of the penaltt,~ of lay. ~o~ the purpose of inducing the City of Columbia ~eights to ~ake the action herein requested, that all atatements herein are ~rx~e and that ali york herein mentioned rill be done in oCcordance vlth the Ordinances of the City Of Columbia Heights and the lave of ~he S~a~e of ~lnne~ota, 84/81/1998 11: 4G 7887S02 k'LJR. TH SUR. V~%'ING I~4C P~GE 83 :LEGAL DESCRIPTION. Entire Cr~t View Lutheran Corporation That part o£the North lqaI£ofSection 36, Township 30, Range 24, Anoka County, Minnesot-,, dc~cribed es £oilows: Beginning at a point on the west line of.Reservoir Boulevard in the City of.Columbia Heights which is 33 Feet sou4h of'the north line of Section 36, Township 30 North, Range 24 West; thence west and parallel with the said north line of'Section 36 a distance of. 8.t !.83 feet, more or less, to a point 30 f.eet east of' lhe west line of the East One Eighth or the Northwest Quarter of'said Section 36 and on the east line o£ hdcLeod Street NortheasL, as laid out north and south in Reservoir l.tiils; thence south on the east line u£said Mci,md Street Northeast, a distance of.535 feet; thence east and parallel with the north line of'Section 36, Township 30 North, Range 24 West, a distance of' 831.83 feet, more or less, to a point on the west line of' Reservoir Boulevard; thence north on the west line of' Reservoir Boulevard, a distance of'$35 f,eet to the point or'beginning. Together with: : I :An easement for roadway purpose.s as contained in the Deed of'Appurtenant Easement dated June 1'7, 1992, recorded June 1992 in the oflqce of'the Anoka County Recorder as Document No. 984339. CoI-TY OF COLUMBIA HEIGHTS ~90 ~,OTH AVENUE N.E.. COLUMBIA HEIGHTS. MN ~5,,~.~ 1-387~ (612) PLIItlIIIIIN~ lltllO ZOIIIIIII~ £0f/1~!$$10111 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, April 7, 1998. The order of business is as follows: A request for a Conditional Use Permit for a new HUD 202 40 unit Senior Housing Complex (retirement home) at 1675 44m Avenue NE. Section 9.109(2)(h) of the Zoning Ordinance requires a Conditional Use Permit for the construction of retirement homes in the R-3 Multiple Family Residence District. A request for a variance from the strict requirements of Section 9.116(4)(f) of the Zoning Ordinance, which requires two parking stalls for each dwelling unit, to allow .5 stalls for each unit. The requirement is 80 parking stalls. Crest View Corporation is proposing 20 parking spaces, plus two handicap spaces. As a result, a variance of 60 parking spaces is requested. A request for a variance from the strict requirements of Section 9.116(2)(d) of the Zoning Ordinance, which states that parking must meet required front yards according to the district in which such parking is located. The front yard setback requirement is 30 feet in the Ro3 Multiple Residence District. Crest View Corporation is requesting a variance of 30 feet to allow parking in the front yard. A request for a variance from the strict requirements of Section 9.109(4) of the Zoning Ordinance to allow zero foot side and rear yard setbacks to allow the construction of two approximately eight foot wide enclosed walkway links to existing buildings in the complex. Section 9.109(4)(a)(iv) of the Zoning Ordinance requires a 10 foot side yard setback. A variance of 10 feet is requested from the side yard setback requirement to allow a zero foot side yard setback for the construction of the link between existing buildings and the proposed HUD 202 building. Section 9.109(4)(a)(v) of the Zoning Ordinance requires a 20 foot rear yard setback. A variance of 20 feet is requested from the rear yard setback requirement to allow a zero foot rear yard setback for the construction of the link between existing buildings and the proposed HUD 202 building. Variances of 10 feet will be required from the side yard setback requirement to allow a zero foot side yard setback for the links to the existing buildings on the existing lots, in addition to the newly created lot. A request for a lot split and plat of the property located in part of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota for Crest View 590 40TH AVE~VUE N.E, COLUt~BIA NEiGHTS, I~N 55421 PNO1VE (672) 782-2817 FAX: (612) 782-2857 TDD (612) 782-2806 Page 2 Corporation. The proposed site address is 1675 44~ Avenue NE. The proposed lot will be approximately 35,215 sq. f~., and will contain the proposed H'UD 202 40 unit Senior Housing Complex (retirement home). Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDD/782-2806 for deaf only.) - - CITY COUNCIL LETTER Meeting of: April 13, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: Q Community Development APPROVAL ITEM: Conditional Use Permit BY: Joe Hollman~7( NO: Case # 9804-21, 1500 49~ Avenue NE t~ "t~ -~ DATE: April 8, 1998 ( Issue Statement: Independent School District #13 requests a Conditional Use Permit t br the construction of two additions on Highland Elementary School, located at 1500 49m Avenue NE. The two additions include a Band room near the northeast comer of the building and a Media Center along the west side of the building. The size of the band room will be approximately 1,248 square feet and the size of the media center will be approximately 2,536 square feet. The combined size of the two additions will be approximately 3,784 square feet. Background: Section 9.107(2)(e) of the Zoning Ordinance states that public and private schools shall be used in accord with an approved Conditional Use Permit. Section 9.105(5)(0 of the Zoning Ordinance states that changes to an approved conditional use permit involving structural alterations or enlargements shall require a new application. As a result of these requirements the need for a Conditional Use Permit was determined. Section 9.107(2)(e) further stipulates that no building shall be located less than 40 feet from an abutting lot in a "R" district and a fence shall be erected along the boundary line which is common with private property. The existing building and proposed additions are more than 40 feet from abutting "R" district lots and there is an existing fence around the property. The proposal is consistent with the Comprehensive Plan and satisfies the requirements of the Zoning Ordinance. Building plans have already been reviewed and approved by the Building Official, Engineering, and the Fire Department. Parking plans have not yet been submitted. These plans will need to be reviewed prior to the issuance of any building permits. The Planning and Zoning Commission held a public hearing for the request on April 7, 1998. The Commission voted unanimously to recommend approval of the Conditional Use Permit for the band room and media center additions, subject to the following conditions: 1. All required state and local codes, permits and inspections will be met and in full compliance. 2. A parking plan shall be submitted for review and approval prior to the issuance of any building permits. Recommended Motion: Move to approve the Conditional Use Permit for the band room and media center additions, subject to the following conditions: 1. All required state and local codes, permits and inspections will be met and in full compliance. 2. A parking plan shall be submitted for review and approval by staff prior to the issuance of any building permits. COUNCIL ACTION: II ! RIM 101.3.05 INV N, 1004-.22 II,iV S~ 1004.29 WS I ~ ~ ~)~"~ / ~' O t I I II // / ',. ;,,, ,, .... , ._ ...... ~_~T~I,~-'- ' "- ' ' '.. TR ~C T=~ ~ X '~ ' hO08. :' ,,'STRUCTURAL'~ ,,' ~ STOOP ( AN~ ," SZ~ 11/S3.1~ MEDIA LPR ,' ' , LPS ~ ~ ~.. CEN~R ~CRE~ CURB ~i " :'-~=:::~:~::~:~,~:~'~N"~ ~ ~ 1007.48 , ,' '%,, , CONCRETE ~IDEWALK' ~ '~_ - ~ ~R 0 TE~-/'' '/ C~,- ', , - . , x__. , -' TREE LT~ 0" ~ ~ ~ / , , -~. ,, ~', -X~0:.51 .00 ~'~ .,''~PLAFOROUN~ ~007.6~ STOOP '2~'?:~'~./,' ?V,.,.'..,¢,/ . / , / . HIGHLAND ELEMENTARY ~'-:' ~9TH AVENUE C,t.._:..;tvi~lA '~ ' .... H~.IGHTS, ;',;;' ' "' ;'3' ;' CC" '" / / · /, ',, SEE 5/C11. '-,' ::609.28 .-, // AND ~,, ;LPS -,' ,.,SEE 1/M2.6 ', ~CONTINUATION ,~:: // ?/ /.,* - - ;' ",",':; ",',C;', NE 1015.55' MN ,55421 :,' ELEC. SERVICE ,- SEE 1/E4.1 FOR 1 CONTINUATION ,. ,.-/ 8" FIRE MAIN 1015.55 · LEAD SEE 7/01.1 AND 1/M4.1 FOR CONTINUATION ,',' · c ~, :1,o99 ""," .5,5, SlO EW. AL[<:'' , ,."."'"' - - S -- ¢:~::c -S-~-,,- k_ BiKE R, ELEC. SER~ BY DIV. 16 SEE 1/E4.1 ELEC. X AND PI lOO8.6o, ,; X 1008.65 ~ PLAYGROUN " EQUIPMENT 'TIMBER - - - ' EDGING 1008.75 ' 1008.07 .' MAR-18-1998 16:35 E & U, INCORPORATED 612 545 1346 P.04/05 ~pplieation~For~ Rezoning Variance Privacy Fen'ce Condicional U~e Permit '-~ Subdivision Approval ...... Site Plan lppF~al .~ O~her Date: 3-20-98 Fee~~Date Paidi-a0-q8 x. stree~ Address o£ Subiect Prope~y~ 1500 49th Ave NE Columbia Heights ~N 5542i esai D s ri tion ~. ~plican~: i. Owner: ~ame:.~ndependent Sgho~ District #13 ~ame: Independent School District Address: 1400 49th Ave NE Col. Heig~t~ ~N 5~421 Address ~400_.49th Ave NE Col.~ight: Phone: 586-4525 _ Phone: ~86-4~2~ Description o~ Request: Conditional use permit for construction of addition on Highland Elementary School Applicable Citz Ordinance Presen~.Zonin~ ~- / , 7. Reason for ~eque~t: Exhibits Submicted (maps, dia~ra~s, Acknowled~men~ and SiKnature~ The undersigned hereby ~epresen~a upon al~ o~ ~he penal~ies of lay, ~o~ the purpose o~ inducing ~he City o~ Columbia ~eights to take ~he action herein requested, that all statements'herein are ~rue and ~hat all work herein mentioned will be done in accordance wlththe 0rd!~ances o£ the City of Columbia ~eights and the lav~ of the $~a~,~ o£Hinneso~a.'~ Taken ~y CI,TY' OF COLUMBIA HEIGHTS (I") 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 M~#~ine Szurel*. James Fowler Buss ?au/son £a~y Peterson ~o~ ~ms~e// NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council will conduct a public hearing in the City Council Chambers of City Hall at 590 N.E. 40th Avenue at 7:00 p.m. on Tuesday, April 7, 1998. The order of business is as follows: A request for a Conditional Use Permit to allow the construction of an addition onto Highland Elementary School at 1500 N.E. 49th Avenue. Section 9.107(2)(c) of the R-l, Single Family Residential, District of the Zoning Ordinance requires a Conditional Use Permit for public schools. Section 9.105(5)(f) of the Zoning Ordinance requires that changes to an approved Conditional Use Permit involving structural alterations, enlargements, intensification of use, or similar changes not specifically permitted shall require a new application. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782- 2800, extension 209, to make arrangements. (TDD/782-2806 for deaf only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City of Columbia Heights Park and Recreation Commission March 25, 1998 The meeting was called to order by Chairman Dick Petkoff at 6:00 p.m. ROLL CALL Members present: Jerry Foss (6:14 p.m.); Bruce Magnuson; James Nelson (6:28 p.m.); Dick Petkoff; Bob Ruettimann; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Members absent: Eileen Evans; Gary Peterson Also present: Tim Lund, Park Foreman; Karen Moeller, Senior Citizen Coordinator APPROVAL CONSENT AGENDA Motion by Ruettimann, second by Foss to approve the consent agenda. All ayes, motion carried. LETTERS AND REQUESTS USE OF CITY BUS/ST. TIMOTHY'S LUTHERAN CHURCH Members reviewed the letter received from Rev. Gene H. Heglund in which he thanks the Public Works and Recreation Departments for use of the city bus. OLD BUSINESS FIREWORKS FOR JAMBOREE Members discussed plans for the fn'eworks display during the Lion's Club Jamboree held the last weekend in June. Three fn'eworks companies want to bid on the show. Contributions will be received fi'om several sources, and the City has budgeted for it as well. Members felt that a low aerial show will draw people to the Jamboree, but it may be more of a safety factor. Members agreed to start and end with a high aerial show, but have the middle portion be primarily a low aerial show. COMPREHENSIVE PARK PLAN The Public Works Director/City Engineer gave members an outline of issues relating to the Comprehensive Park Plan for their review. He felt the Comprehensive Park Plan is a good document. He is seeking input from members to determine if the document is what we want for our park system. The document will be broken down by park for further discussion at the next PAGE TWO meeting. Staff will also study the demographics surrounding each park. Staff would like to have a formal plan adopted by the City Council once these decisions are made. Members agreed to visit each park on their own and review photos and a video which will be prepared for the next meeting. NEW BUSINESS There is no new business at this time. REPORTS RECREATION DIRECTOR Karen Moeller, Senior Citizen Coordinator, reported that a record number of seniors (98) were in attendance for Bingo this week. The Recreation Director reported that 175 people attended the public concert/dance which was sponsored by Jeff Bahe of the Conoco Station. PUBLIC WORKS DIRECTOR/CITY ENGINEER The Public Works Director/City Engineer reported that the Street Department has begun sweeping the streets and will continue to do so. COMMISSION MEMBERS No report at this time. ADJOURNMENT Motion by Foss, second by Magnuson to adjourn. All ayes, motion carried. Meeting adjourned at 7:04 p.m. Janice McGhee-Fetzer, Park & Recreation Commission Secretary P&RCOMIVlXMINMAR98 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY 0gDA) REGULAR MEETING MINUTES OF MARCH 17, 1998 CALL TO ORDER The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Gary Peterson at 7:05 pm, Tuesday, March 17, 1998, at Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota. ROLL CALL Board Members Present: Staff Present: Gary Peterson, Marlaine Szurek, Robert Ruettimann, Don Jolly, Joe Sturdevant, and Pat Jindra Walter Fehst, Executive Director Kenneth Anderson, Deputy Executive Director Jennifer Bergrnan, Housing Coordinator Jennifer Stoopes-Mokamba, Parkview Villa Housing Admin. Shirley Barnes, Chief Executive Officer for Crest View Members Not Present: Richard Dustin Also present were various Parkview Villa residents. PLEDGE OF ALLEGIANCE APPOINT RECORDING SECRETARY MOTION by Sturdevant, seconded by Szurek, to appoint Shelley Hanson to serve as Recording Secretary for this meeting. All ayes. MOTION CARRIED. ADDITIONS/DELETIONS TO MEETING AGENDA There were no additions or deletions to the agenda. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). A. Move to adopt the consent agenda items as listed below: 1) Approval of Minutes. a. Regular Meeting of February 17, 1998. MOTION: Move to adopt the minutes of the February 17, 1998 regular meeting as presented in writing. ECONOMIC DEVELOPMENT AUTHORITY MINUTES March 17, 1998 Page 2 2) Financial Report and Payment of Bills. mo Financial Statement for January and February. Payment of Bills. MOTION: Move to approve Resolution 98-03, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the Financial Statement for the months of January and February and Payment of Bills for the month of February 1998. MOTION by Sturdevant, seconded by Peterson, to approve the consent agenda items as presented in writing. All ayes. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY A. Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Administrator. Ms. Stoopes-Mokamba's report was enclosed in the agenda packet. She reviewed the following items with the Board members: *MountainStar has returned their recommendation to us for the fire alarm system and the repairs to the intercom system. Ms. Stoopes-Mokamba answered questions regarding the bids received. She recommended going with Safeway Co. as they are the low, responsible bid and they are familiar with our present systems and are capable of servicing a wide variety of the equipment we have. Commissioner Ruettimann questioned the fact that Mastercraft's bid was almost double that of the other two bids received. She explained that Mastercraft didn't completely understand the RFP and didn't believe the specifications were written correctly to bid the system to meet the code for a high rise building. *Captain Olson has received a copy of the Security Camera System specifications and they have discussed two different options. One, is to have the complete system purchased and installed by U.S. Security or a similar company. Or, two, we could purchase the equipment through the EDA and have a company do the installation work. Therefore, Ms. Stoopes-Mokamba has sent the specifications to U.S. Security and requested that they price it both ways. *Faucets and toilets continue to be replaced as needed. This is general maintenance and these replacements are necessary due to the age of the facility. *Mice continue to be a nuisance at Parkview Villa. Ms. Stoopes-Mokamba reported that traps are being used with sticky boards, and that every attempt to seal areas where they may be entering is being done. They are making progress in dealing with the pests and the residents have been very helpful and patient as they continue to deal with this problem. ECONOMIC DEVELOPMENT AUTHORITY MINUTES March 17, 1998 Page 3 *She reported that Parkview Villa North has no vacancies at this time. The South side has a few residents moving into different units. After these moves take place, there will be one vacancy in the south side. She also informed the Board that they have found a tenant for the 4-plex who will be moving in April 1 lth. *Ms. Stoopes-Mokamba informed the Board that she had spoken with Diane Rock from HUD regarding ~vhat would be involved to designate Parkview Villa as a seniors only building. She said as we have no other facility to house low income, handicapped or disabled people in Columbia Heights, we will probably be unable to limit Parkview Villa to seniors only. To qualify for low income, the rent charged must be based on 30% of their total income. At this time, we would need approximately 15-20 units available based on the number of handicapped or disabled tenants whom are not seniors that now reside at Parkview Villa. The Commissioners discussed whether it would be feasible to acquire an apartment building that would be set up specifically for handicapped or disabled persons. Mr. Anderson explained that we would need to acquire a building, manage it, and that it would not be subsidized by HUD. Some of the units would need to be converted to make them wheel chair accessible. He questioned whether the rent based on low income guidelines would be enough to pay for the building, remodel it, and maintain it. Shirley Barnes suggested that the city apply for funds under HUD, Section 8-11, which is similar to the 202 funds that Crest View recently was granted. This funding can be used for rehabilitation of a present building, or for new units. However, to qualify for these funds, you must be a non-profit organization. Therefore, we would need to go through Crest View or ACCAP to apply for these funds. Mr. Ruettimann requested that Ms. Stoopes-Mokamba get a precise statement from HUD detailing the exact guidelines to qualify Parkview Villa as a seniors only building under the HUD program. *Beginning March 1, a box has been set up for deposit of rent checks. The Office Administrator will then process the receipts and enter the information onto spreadsheets at the same time. This will eliminate processing the payments twice. Receipts will be distributed to the residents when completed. *Ms. Stoopes-Mokamba informed the Board that the Resident Council has made plans to hold a birthday party for those residents who are 90 years of age or older. One resident just recently turned 100. The birthday party will be held on Monday, March 23, 1998 at 7:00 pm. *Ms. Stoopes-Mokamba told the Board that she is checking into changing the handicapped sign in the parking lot to mark it specifically "Visitor Handicapped Parking". There has been a problem with residents parking in this spot for several days at a time, and the new sign should prohibit this from happening. *She is working on re-certifications. ECONOMIC DEVELOPMENT AUTHORITY MINUTES March 17, 1998 Page 4 RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS None PUBLIC HEARINGS None ITEMS FOR CONSIDERATION Other Resolutions. 1) Resolution 98-04, EDA Board Resolution Approving Operating Budget and Calculation of Performance Funding System Operating Subsidy. Ms. Stoopes-Mokamba informed the Board that they are required to submit the calculation of performance funding system and make various certifications and agreements to the US Department of Housing and Urban Development (HUD). These forms have previously been filled out by June Johnston in our Finance Department. Ms. Stoopes-Mokamba is waiting for her assistance to get the forms filled out properly. She has contacted HUD and told them that we would be filing the forms late. The Board was apprehensive about approving the filing of the forms before they had an opportunity to review them. Therefore, they decided to form a sub-committee of three to review the forms before EDA President Peterson signs them prior to submitting them to HUD. If the forms are complete by Friday, the sub-committee will review them on Saturday, March 21, 1998. Mr. Jolly stated that these forms were late last year also, and he felt the calendar for HUD deadhnes that must be met should be updated so these situations don't continue to be a problem. Bo MOTION by Ruettimann, seconded by Sturdevant to waive the reading of Resolution No. 98-04, there being ample copies available to the public. All ayes. MOTION CARRIED. MOTION by Ruettimann, seconded by Sturdevant to adopt Resolution 98-04, Resolution Approving Operating Budget and Calculation of Performance Funding System Operating Subsidy, subject to the sub-committee reviewing the completed forms before authorizing the signature by EDA President Peterson. All ayes. MOTION CARRIED. Bid Considerations. 1) Parkview Villa Fire Alarm Bid Review. The bids were discussed previously during the Housing Administrator's Report. Peterson requested the EDA staff obtain a Certificate of Insurance and a lien waiver when the work is complete. He felt this should be common practice to protect our interests and supply the auditor's with the proper paperwork. ECONOMIC DEVELOPMENT AUTHORITY MINUTES March 17, 1998 Page 5 2) MOTION by Szurek, seconded by Ruettimann to award the Parkview Villa fire alarm system improvements bid to Safe-Way, based upon their low, qualified, responsible bid in the amount not to exceed $59,765 (excluding sales tax), with funds to be appropriated from 203-46330-4030 and 213-46340-4030, and furthermore, to authorize the President and Executive Director to enter into an Agreement for the same. All ayes. MOTION CARRIED. Interviews for Financial Advisory Services. This item was delayed to later in the meeting. Other Business 1) Approve Utility Monitoring Agreement with SM Engineering. Mr. Anderson reported that Mary Keen, Account Executive for SM Engineering had been invited to the meeting. However, after a discussion whereby they determined the estimated $3,800/year savings they had anticipated for us could not be realized, she decided against attending the meeting. SM Engineering discovered that Parkview Villa, as an HRA High Rise, would not qualify for a credit they thought we would. The most we could hope for would be a couple hundred dollars in savings in possible errors. The general consensus of the Board was not to bother with executing an agreement at this time. CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON AGENDA Mr. John Super from unit #204 complained about the bad ventilation in the north building. He stated that when others smoke in their apartments, smoke travels through the air duct system that is interconnected between apartments and he can smell it. Ms. Stoopes-Mokamba said they will make sure his doors and registers are sealed to limit the problem. The Board suggested getting an HVAC technician out to look over the ventilation and see if a solution to the problem can be determined.. Ms. Barb Camp from unit #608 said there is someone who has been smoking in the hallways and on the elevator, but they haven't been able to catch who it is. It was suggested that signs be put up in the hallways near the elevator on each floor, and also in the elevator itself, so residents and visitors are aware of the no-smoking policy in the common areas of the building. Mr. Sturdevant left the meeting at 7:50 pm. ECONOMIC DEVELOPMENT AUTHORITY MINUTES March 17, 1998 Page 6 ITEMS FOR CONSIDERATION - CONTINUED B. Bid Considerations. 2) Interviews for Financial Advisory Services. EVENSON DODGE INC.-8:00 pm Wayne Burggraaff, Bob Worthington, and Lee Brundell from Evenson Dodge made a presentation to the Board. Mr. Burggraaffreviewed the company's experience, years of service, and financial information, as well as the qualifications of the project team who would be working with the Columbia Heights EDA if they are selected. He stated they would be willing to meet with the Board again to go over specific issues that need to be addressed. Recommendations could be made, a time line established, and the compensation package the firm would require to accomplish these goals would be determined at that time. EHLERS AND ASSOCIATES-8:40 pm Mark Ruff and Rusty Fifield from Ehlers and Associates made their presentation to the Board. Mr. Ruff has been the Tax Increment consultant to the City since 1990. He cited several cities and redevelopment projects they have been affiliated with. He explained they work in Minnesota and Wisconsin only, so they keep abreast of the latest laws and legislation which affect the cities in this state. Mr. Fehst expressed the desire to sit down with the consultants to determine what projects are financially successful and which ones aren't. He wanted to know if their firm could educate the EDA and City staff members on our financial status, how to get healthy, and how to remain that way. Mr. Ruff stated he felt his firm's strong point was their ability to explain all the alternatives the City has so competent decisions can be made. SPRINGSTED, INC.-9:20 pm Heather Boyer, Dan Hartman, and A1 Erickson represented the firm of Springsted, Inc. Ms. Boyer reviewed the skills and experience of their firm, as well as the resources available to be a "full service financial advisor". They felt our needs would focus on Tax Increment Financing, Economic Development, and Housing issues. They said they would be willing to sit down and take a more detailed look at our needs and to establish a compensation package, as they are looking to build a long term relationship. The Board thanked each of the firms for their time and willingness to help the EDA make the right decision. It was the general consensus to meet with each group individually, to take a closer look at some of our special concerns so they have a better idea of our needs, and to establish what the costs will be for their services. ECONOMIC DEVELOPMENT AUTHORITY MINUTES March 17, 1998 Page 7 C. Other Business-Continued 2) Section 8 Report Jennifer Bergman reviewed the report that was enclosed in the agenda packet. She explained our utilization rate is now at 88% and should soon reach the 95% target figure. In April, a briefing will be held for approximately 15 people from our waiting list. Section 8 program rules and regulations are explained at this briefing which is mandatory prior to receiving a Voucher or Certificate. Upon completion of the briefing, the families would be ready to receive a Voucher or Certificate as they become available. 3) CDBG/MHFA Report The loan and grant report was enclosed in the agenda packets. Ms. Bergman reviewed the figures with the Board members. Six loans from MHFA have been granted and five others are in progress. One Block Grant that was reviewed last month is in progress. Two more will be brought to the Board in April or May. Also enclosed was the new income guidelines, as they were revised in January. 4) Review of MHFA Loan Application 98-02. Ms. Bergman reviewed the loan application with the Commission members. Szurek questioned whether the house was sound enough to put this amount of money into. It was explained that the City is not the benefactor of this money. The funds come from MHFA and the City only submits the applications, but does receive an administration fee for doing so. The loans do improve our housing stock which is the ultimate goal in providing this service. Mr. Anderson noted the improvement work would be subject to passing all required inspections by the Building Official. MOTION by Jolly, seconded by Szurek to approve the home improvement loan request for Minnesota Fix Up Funds in the amount of $17,663 subject to meeting all program requirements; and furthermore, to direct and authorize staffto submit said application to the MHFA for purchase. All ayes. MOTION CARRIED. Peterson expressed his concern with the quality of work for driveway work being done when a permit and inspection is not required. The Board wants an information letter sent out to all property owners who need driveways that tell what is required for a proper driveway and that loan money is available through MHFA. Proper curb cuts must also be done if driveways are enlarged or installed. ECONOMIC DEVELOPMENT AUTHORITY MINUTES March 17, 1998 Page 8 5) RFP for Redevelopment of 4150 Central Avenue NE. The Board had previously directed staffto prepare a RFP to obtain a buyer for the 4150 Central Avenue building. Mr. Anderson enclosed the draft RFP in the agenda packet for the Board members to review. His recommendation ,,vas to send out the RFP this week and seek the return bids by May 5th. This would allow time in May for interviews and to select an interested party. The closing could then be scheduled for sometime in June. Mr. Anderson explained the minimum bid amount of $7,500 should cover any costs the EDA has incurred to this point. He reminded the Board that Anoka County had this property for sale for over a year at a price of $14,000 and that no offers were received. Commissioner Ruettimann expressed concern regarding any environmental restrictions (i.e. soil tests or asbestos removal) that could lead to additional costs the EDA would be held responsible for. He suggested checking with the City Attorney to see if language could be included in the RFP that would limit the City's responsibility in this area. MOTION by Jolly, seconded by Szurek to authorize staffto seek proposals to acquire and redevelop the property and structure at 4150 Central Avenue NE in accordance with the attached Request for Proposals subject to changes recommended by the City Attorney in regards to additional language to limit the EDA's responsibility regarding environmental issues. All ayes. MOTION CARRIED. ADMINISTRATIVE REPORTS A. Report of the Deputy Executive Director. Mr. Anderson reported that Medtronic is scheduled to close on March 20, 1998, for the sale of park property, and the City ~vill receive the agreed upon amount of $360,000 less certain filing fees. B. Report of the Executive Director. Mr. Fehst stated that Mrs. Warhol from 4441 Central Avenue had contacted him again offering to sell her property to the City for $75,000. Supposedly, the house to the south would be interested in selling also, if a reasonable price was offered. As discussed at the last meeting, there are three properties that could possibly be acquired to make a commercial piece of property 180 ft x 128 ft available for development. To purchase these three parcels (4435, 4441, and 4453 Central Ave.) would require approximately $160,000. The Board discussed some ideas in relation to these properties. ECONOMIC DEVELOPMENT AUTHORITY MINUTES March 17, 1998 Page 9 Mr. Anderson explained to the Board that Community Development Block Grant money is available to purchase properties that would lead to commercial development. There is $128,000 of 1997 funds available, with another $121,000 of 1998 funds that will be available after July 1, 1998. We need to spend at least $128,000 by December, 1998 for this purpose. The Board needs to decide on an area they would like to concentrate their attention. These properties could be acquired with the Block Grant funds if the Board so chooses. The Board directed staffto research the possibility of acquiring the Flower Market property at 4453 Central Avenue NE using the Block Grant money available. Staff also is to check with Public Works regarding the placement of utilities on the properties at 4435, 4441, and 4453 Central Avenue to ensure they would be buildable lots. MEETINGS A. The Next Regular EDA Meeting. Due to the Special Election the City is holding on Tuesday, April 21, 1998, we are unable to hold the EDA meeting on that date. After some discussion, it was decided to schedule the next meeting for Monday, April 20, 1998 at 7 pm in the Conference Room at City Hall. ADJOURNMENT MOTION by Jindra, seconded by Szurek to adjourn the meeting at 10:58 pm. All ayes. MOTION CARRIED. Respectfully submitted, She~lley H~s~o~ ~~ Recording Secretary