The URL can be used to link to this page

Home My WebLink AboutApril 27, 1998 Regular Mayor Joseph Sturdevant 'CFFY OF COLUMBIA HEIGHTS Marlaine Szurek 590 40TH AVENUE N.E., COL. UMBIA HEIGHTS, MN 55421-35878 (612) 782-2800 TDD 782-:~80~5/aryL- Peter$on Robert W. Ruettirnann ADMINISTRATION City Manager Walter R. Fchst APRIL 22, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, April 27, 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 minutes of the following meetings: a) March 21, 1998 Goals Setting Retreat, b) March 23, 1998 Regular Council Meeting, c) April 13, 1998 Regular Council Meeting, d) April 14, 1998 Board of Review and e) April 22, 1998 Election Canvass. 2) Resolution No. 98-45 Being a Resolution Changing the Date of a Reaular Council Meeting MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-45 being a resolution changing the date of a regular council meeting. 3) Appropriation of Reimbursement Grant Funds to Police Department Budget MOTION: Move to appropriate $2,736, the total amount reimbursed to us from the Anoka County Auto Theft Grant fi:om General Fund Revenue to the Police Department's 1998 budget under Line 1020. 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 COLINCIL MEETING AGENDA APRIL 27, 1998 PAGE 2 4) Maintenance Contract for Defibrillators MOTION: Move to authorize the Mayor and City Manager to enter into a twelve month agreement with Physio Control Corporation for the periodic inspection of two LP300 defibrillators at a cost of $672.00, payable in quarterly installments. 5) Insurance Coverage From 5-9-98 - 5-9-01 MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with St. Paul Companies for liability and property coverage for the period of May 9, 1998 through May 9, 2001 at an annual premium of $174,992. 6. Close Public Hearing Regarding Revocation o£Rental License for Property_ at 1206-08 Circle Terrace MOTION: Move to close the public hearing regarding revocation of the rental license at property 1206-08 Circle Terrace owned by Kurt Lowenthal in that the property has been brought into compliance. 7) Emergency Repair of Sanitary Sewer at 4120 and 4121 Second Street MOTION: Move to approve payment to PipeRight Plumbing in the amount of $9,978.22 for the emergency repair of sanitary sewer at 4120 and 4121 Second Street with funds to be appropriated from the Sewer Fund (602-49450-4000). 8) Establish Council Work Session Dates MOTION: Move to establish Wednesday, May 6, 1998 at 7:00 p.m. and Monday, May 18, 1998 at 7:00 p.m. as dates and times for Council work sessions. 9) First Reading of Ordinance No. 1371 Being an Ordinance Pertaining to the Licensing of Cigarette/Tobacco Sales MOTION: Move to waive the first reading of Ordinance No. 1371 there being ample copies available for the public. MOTION: Move to schedule the second reading and public hearing of Ordinance No. 1371 for May 11, 1998. 10) Payment of Bills MOTION: Move to pay the bills as listed out of the proper fund. 11) Approval of License Applications MOTION: Move to approve the license applications as listed. 12) Livable Communities Funding Application MOTION: Move to authorize staffto submit an application for the Livable Communities Demonstration Account Fund for a project identified through the Minnesota Design Team visit. Page 2 COUNCIL MEETING AGENDA APRIL 27,199B PAGE 3 13) Approval of the Metropolitan Council Local Planning Assistance Grant Program Agreement MOTION: Move to approve the Metropolitan Council Local Planning Assistance Program Grant Agreement and acknowledge receipt of $7,410.00 in grant funds; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 14) Approval of the 1997 Communi _ty Development Block Grant Program Agreement MOTION: Move to approve the 1997 Community Development Block Grant Program Agreement between the County of Anoka and the City of Columbia Heights; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 15) First Reading of Ordinance No. 1372 Being an Ordinance Regarding Sale of the Property at 566 38th Avenue Northeast MOTION: Move to waive the first reading of Ordinance No. 1372 there being ample copies available for the public. MOTION: Move to schedule the public hearing and second reading of Ordinance No. 1372 for May 11, 1998 at approximately 7:00 p.m. 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS NONE 6.PUBLIC HEARINGS NONE 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1370 Bein~ an Ordinance Pertaining to the Licensing of Pool/Billiard Halls MOTION: Move to waive the reading of Ordinance No. 1370 there being ample copies available for the public. MOTION: Move to schedule the second reading and public hearing of Ordinance No. 1370 for April 27, 1998 at approximately 7:00 p.m. Page 3 COI.3NCIL MEETING AGENDA )~'iL~L 2'/, PAGE 4 B. Bid Considerations NONE C. Other Business 1) Appointment to Youth Initiative Commission MOTION: Move to appoint Colleen Day to the Youth Initiative Commission to fill the term which expires August 31, 1998. 2) Adopt Life Cycle Housing Study MOTION: Move to accept the Life Cycle Housing Study as a resource for the Comprehensive Plan update and Livable Communities goals. 3) Approve Contract for Planning Consultant Services MOTION: Move to award planning consulting services to SRF Consulting Group, Inc. in the amount of $51,769.00 plus $539.00 for direct out of pocket expenses with funds to be appropriated from 201-42400- 3050; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for same. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Library Board Meeting Minutes of April 7, 1998 Page 4 APRIL 27, 1998 PAGE 5 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT MOTION: Move to adjoum the Regular Council Meeting. Walter Fehst, City Manager WF/js Page 5 Mayor . Joseph Sturdevant CITY OF COLUMBIA HEIGHTS (I-) o°nUanl G.ilt ' loIrnl)b'er$ Marlaine Szurek 590 40TH AVENUE N.C., COLUMBIA HEIGHTS, MN 55421-3878 (6 ! 2) 782-2800 TDD 782-280~arY£' Peterson Robert W. Ruettimann ADMINISTRATION City Manager Walter R. Fehst APRIL 22, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, April 27, 1998 in the City Council Chambers, City Hall, 590 40th Avenue N.C., 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 minutes of the following meetings: a) March 21, 1998 Goals Setting Retreat, b) March 23, 1998 Regular Council Meeting, c) April 13, 1998 Regular Council Meeting, d) April 14, 1998 Board of Review and e) April 22, 1998 Election Canvass. /2) Resolution No. 98-45 Being a Resolution Changing the Date of a Reg'ular Council Meeting MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-45 being a resolution changing the date of a regular council meeting. 3) Appropriation of Reimbursement Grant Funds to Police Department Budgel MOTION: Move to appropriate $2,736, the total amount reimbursed to us from the Anoka County Auto Theft Grant from General Fund Revenue to the Police Department's 1998 budget under Line 1020. Page 1 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASTS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER COUNCIL MEETING AGENDA APRIL' 27, 1998 PAGE 2 ,~) Maintenance Contract for Defibrillators MOTION: Move to authorize the Mayor and City Manager to enter into a twelve month agreement with Physio Control Corporation for the periodic inspection of two LP300 defibrillators at a cost of $672.00, payable in quarterly installments. 5) Insurance Coverage From 5-9-98 - 5-9-01 MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with St. Paul Companies for liability and property coverage for the period of May 9, 1998 through May 9, 2001 at an annual premium of $174,992. v'r6. Close Public Hearing Regarding Revocation of Rental License for Property at 1206-08 Circle Terrace MOTION: Move to close the public hearing regarding revocation of the rental license at property 1206-08 Circle Ten'ace owned by Kurt Lowenthal in that the property has been brought into compliance. 7) Emergency Repair of Sanitary Sewer at 4120 and 4121 Second Street MOTION: Move to approve payment to PipeRight Plumbing in the amount of $9,978.22 for the emergency repair of sanitary sewer at 4120 and 4121 Second Street with funds to be appropriated from the Sewer Fund (602-49450-4000). 8) Establish Council Work Session Dates MOTION: Move to establish Wednesday, May 6, 1998 at 7:00 p.m. and Monday, May 18, 1998 at 7:00 p.m. as dates and times for Council work sessions. 9) First Reading of Ordinance No. 1371 Being an Ordinance Pertaining to the Licensing of Cigarette/Tobacco Sales MOTION: Move to waive the first reading of Ordinance No. 1371 there being ample copies available for the public. MOTION: Move to schedule the second reading and public hearing of Ordinance No. 1371 for May 11, 1998. v~ 0) Payment of Bills MOTION: Move to pay the bills as listed out of the proper fund. v/11) Approval of License Applications MOTION: Move to approve the license applications as listed. v~2) Livable Communities Funding Application MOTION: Move to authorize staffto submit an application for the Livable Communities Demonstration Account Fund for a project identified through the Minnesota Design Team visit. Page 2 COUNCIL MEETING AGENDA 'APPEL 27, 1998 PAGE 3 /13) Approval of the Metropolitan Council Local Planning Assistance Grant Program Agreement MOTION: Move to approve the Metropolitan Council Local Planning Assistance Program Grant Agreement and acknowledge receipt of $7,410.00 in grant funds; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ~" 14) Approval of the 1997 Community Development Block Grant Program Agreement MOTION: Move to approve the 1997 Community Development Block Grant Program Agreement between the County of Anoka and the City of Columbia Heights; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 15) First Reading of Ordinance No. 1372 Being an Ordinance Regarding Sale of the Property at 566 38th Avenue Northeast MOTION: Move to waive the first reading of Ordinance No. 1372 there being ample copies available for the public. MOTION: Move to schedule the public heating and second reading of Ordinance No. 1372 for May 11, 1998 at approximately 7:00 p.m. 5. PROCLAMATIONS, 1-NTRODUCTIONS, PRESENTATIONS AND GUESTS NONE 6.PUBLIC HEARINGS NONE 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1370 Being an Ordinance Pertaining to the Licensing of Pool/Billiard Halls MOTION: Move to waive the reading of Ordinance No. 1370 there being ample copies available for the public. Aff'~MOTION: Move to schedule the second reading and public hearing of Ordinance No. 1370 for~ 1998 at approximately 7:00 p.m. Page 3 tZOL~CIL MEETING AGENDA APRIL 27, 1998 PAGE 4 B. Bid Considerations NONE C. Other Business 1) Appointment to Youth Initiative Commission MOTION: Move to appoint Colleen Day to the Youth Initiative Commission to fill the term which expires August 31, 1998. 2) Adopt Life Cycle Housing Study (~) ~O~~accept the Life Cycle Housing Study as a resource for the Comprehensive Plan update and Livable Communities goals. 3) Approve Contract for Planning Consultant Services ~ MOTION: Move to award planning consulting services to SRF Consulting Group, Inc. in the amount of $51,769.00 plus $539.00 for direct out of pocket expenses with funds to be appropriated from 201-42400- 3050; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for same. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COiV[MUNICATIONS A. Minutes of Boards and Commissions 1) Library Board Meeting Minutes of April 7, 1998 Page 4 COUNCIL MEETING AGENDA APRIL 27, 1998 PAGE 5 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an oppommity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City Manager WF/js Page 5 COLUMBIA HEIGHTS GOAL SETTING RETREAT SATURDAY, MARCH 21, 1998 EARLE BROWN HERITAGE CENTER PRESENT: Mayor Sturdevant, Councilmembers Szurek, Jolly, Ruettimann, and Peterson, City Manager Fehst, Assistant to the City Manager Magee, Finance Director Elrite, Public Works Director Hansen, Librarian Loader, Police Chief Johnson, Police Captain Olson, EDA Director Anderson, Recreation Director Windschitl, Public Works Superintendent McClanahan, Assistant City Engineer Young, MIS Coordinator O'Dormell, Senior Coordinator Moeller, Housing Coordinator Berman, Assistant Fire ChiefAlexon, Building Official Collova and Council Secretary Student. The seating arrangement was five tables with about five or six people at each table. The retreat began at 8:00 a.m. with a welcome from Mayor Sturdevant. Additional comments were made by City Manager regarding the purpose of the retreat. He introduced the facilitator of the retreat, Don Salverda. Mr. Salverda spoke to the purpose of the retreat and addressed the following issues: t)Thank you's to all attendees 2) Where we spend our time 3) Why have a retreat 4) Primary objectives 5) Introductions of each attendee 6) Outline packet distributed The rest of the retreat was driven by handouts from the facilitator. All of the material was discussed by tables or in general with the facilitator providing direction. Most issues were documented on charts. Some of the charts were outlines for discussions provided by Mr. Salverda and some of the charts resulted from information from individual tables of participants. Mr. Salverda stated he will draft a report of the entire day and the resulting discussions and conclusions. This report will be delivered to the City Manager upon its completion. Staff left the retreat at 4:00 p.m. Members of the Council and the City Manager remained for an additional hour to discuss the day's activities with each other and with Mr. Salverda. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 23, 1998 1. CALL TO ORDER/ROLL CALL The Mayor called the meeting to order at 7:05 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA The item on the Consent Agenda regarding the establishment of dates for Council work sessions was removed. 4. CONSENT AGENDA Items on the Consent Agenda are considered routine by the City Council and will be enacted on by one motion. Items removed from the Consent Agenda will be considered after the Consent Agenda as the next order of business. A. Adoption of Consent Agenda Motion by Szurek, second by Peterson to adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes The minutes of the most recent Council Meetings were not complete. 2) Resolution No. 98-37 Being a Resolution to Levy Assessment The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-37 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement has been made and ratifying and conforming an authorization by petition/waiver under the "Private Construction Agreements" to construct retaining walls, a driveway, and landscaping, heretofore received: Special Assessments numbered 982, Project 9530. REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 2 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 23ra day of March, 1998, in the City Council Chambers, 590 40t~ Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council, with respect to benefits, and to the proportion of the cost of making the local improvement above described, and a notice mailed to the property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 982, Project 9530. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land in the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessment may be paid in part or in full without interest on or before April 23, 1998, or in annual installments for a period of two years as designated on the assessment roll, payable on or before the 15t~ day of September, annually, with 8% interest thereon. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4.: That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement number PIR 982, Project 9530. REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 3 Section 5: This resolution shall take effect immediately upon its passage. Offered by: Szurek Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3) Authorization to Attend Out of Town Training The Council authorized the attendance of Officer Joseph Smrdevant and CSO Judy Menth as advisors and four police Explorers at the 1998 State Law Enforcement Explorer Conference on April 23-26, 1998, at Breezy Point, Minnesota. Costs are to be covered out of the 1998 police department budget. 4) Authorization to Attend Out of State Training The Council authorized Officer Joe Sturdevant and CSO Judy Menth, as advisors to the Columbia Heights Explorers, to attend the National Explorer Conference along with four Police Explorers fi.om July 19-25, 1998, in Washington, D.C. Costs are to be covered partially out of the 1998 police department budget and partially through donations received fi.om civic organizations. 5) Close Public Hearing Regarding Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of the rental license held by Richard Berg regarding rental property at 4233 Third Street in that the provisions of the Housing Maintenance Code have been complied with. 6) Close Public Heating Regarding Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of the rental license held by Mariella Corbett regarding rental property at 4601-03 Taylor Street in that the provisions of the Housing Maintenance Code have been complied with. 7) Close Public Hearing Regarding Rental License Revocation The Council closed the public heating regarding the revocation or suspension of the rental license held by Billy Teat regarding rental property at 1081-83 Polk Circle in that the provisions of the Housing Maintenance Code have been complied with. REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 4 8) Removal of 1,000 Gallon Propane Storage Tank from MSC Yard The Council approved the disposal of 1,000 gallon propane tank and disposal of five (5) 100-lb. propane cylinders. 9) Resolution No. 98-38 Being a Resolution Approving Election Judge List for Special Election The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-38 BEING A RESOLUTION DESIGNATING ELECTION JUDGES FOR THE APRIL 21, 1998 SPECIAL ELECTION IN THE CITY OF COLUMBIA HEIGHTS WHEREAS: There are scheduled elections in the City of Columbia Heights; and WHEREAS, Pursuant to City Charter, Section 30 and M.S.S. 204A, the Council shall appoint qualified voters in each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Special Election to be held on April 21, 1998, with an hourly remuneration of $6.50 for a head judge and $6.00 for an election judge. Passed this 23rd day of March, 1998. Offered by: Szurek Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 10. Payment of Bills The Council authorized the payment of bills out of proper funds. 11. Approval of License Applications The Council approved the license applications as listed. Roll call on Consent Agenda: All ayes REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 5 Council Work Sessions for April Motion by Sturdevant, second by Jolly to schedule Monday, March 30, 1998 at 7:00 p.m. as a Council work session and Monday, April 20, 1998 at 8:00 p.m. as a Council and EDA joint work session. Roll call: All ayes 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS AND GUESTS A. Recognition 1) Youth Initiative Commission Members of the Youth Initiative Commission introduced themselves and each read a statement regarding the purpose and focus of the Commission. The Commission's Facilitator, Matt Linngren, reviewed the composition of the membership of the Commission. Currently there are twelve members representing grades seven through twelve. There can be a maximum of eighteen members. 2) Proclamation The Mayor read the Arbor Day Proclamation and presented it to the Public Works Director. 3) Presentation Bruce Nawrocki, former Mayor, noted that 1998 is the 100th Anniversary of the Village of Columbia Heights being formed. He addressed some of the history of the City and introduced Paul Tilseth, a life-long Columbia Heights resident. Mr. Nawrocki invited everyone at the Council to share in a birthday cake he had brought to the meeting. With the assistance of the City's librarian, Becky Loader, and a local author, Irene Parsons, everyone at the meeting was served cake. Authorization to Contract with (PDI) for Sergeant/Corporal Promotional Process Motion by Sturdevant, second by Peterson to authorize the City Manager and the Mayor to enter into a contract with Personnel Decisions, Inc. (PDI) for an amount not to exceed $5,000 for the purpose of developing, administering, and grading the promotional process for sergeant and corporal. Funds for this process to come partially from line 3050 of the Police Department budget and partially from unexpended 1998 Police Department funds. REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 6 6. PUBLIC HEARINGS A. Resolution No. 98-39 Being a Resolution Regarding Final Resolution with Respect to Housing Bonds for Crest View Corporation John Utley, bond counsel, advised that the closing on the bonds is scheduled for March 31st. The revised version of the resolution present on the Council table at tonight's meeting has only dollar amount changes. The document has been viewed and approved as to form by the City Attorney. Motion by Szurek, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY AND HEALTH CARE FACILITIES REVENUE BONDS (CREST VIEW CORPORATION PROJECT) SERIES 1998, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS WHEREAS, the City of Columbia Heights, Minnesota (the "City" or the "Issuer"), is a home rule city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to provide funds to finance a combination multifamily housing development and health care facility within its boundaries, and is authorized to enter into any agreements made in connection therewith and pledge those agreements as security for the payment of the principal of and interest on any such revenue bonds; and REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 7 WHEREAS, on August 18, 1987, the City issued its Health Care Facility Revenue Bonds (Crest View Lutheran Home Project) Series 1987 (the "Series 1987 Bonds"), in the original aggregate principal mount of $4,400,000, for the benefit of the Crest View Corporation, a Minnesota nonprofit corporation (the "Corporation"), for the purpose of financing the reconstruction, improvement, rehabilitation and equipping, including the construction of a building addition to the existing nursing home and rental housing facilities of the Corporation in the City, including the discharge and refinancing of certain outstanding indebtedness of Crest View Lutheran Home incurred therefor; and, WHEREAS, on March 19, 1991, the City issued its Board and Care Facility Revenue Bonds (FHA Insured Mortgage Loan - Royce Place Project) Series 1991A (the"Series 199 lA Bonds"), in the original aggregate principal amount of $2,770,000 and its Board and Care Facility Revenue Bonds (Royce place Project), Series 1991B (the "Series 1991B Bonds"), in the original aggregate principal amount of $560,000 to provide funds to the Corporation to finance the costs of the acquisition, construction, and equipping of a 50-unit board and care facility (collectively, the "Series 1991 Bonds"); and WHEREAS, the Corporation has requested the Issuer to issue its Multifamily and Health Care Facilities Revenue Bonds (Crest View Corporation Project), Series 1998 (the "Bonds"), in the original aggregate principal amount of $10,130,000, to provide funds to the Corporation to defease the Series1987 Bonds, the Series 1991A Bonds, and the 1991B Bonds to redeem certain other outstanding indebtedness of the Corporation, to finance certain improvements to the existing facilities of the Corporation (the "Facillity"), and to pay the costs of issuing the Bonds and fund a reserve for the Bonds; and WHEREAS, the proceeds of the Bonds will be loaned to the Corporation pursuant to the terms of a Loan Agreement, dated as of March 1, 1998 (the "Loan Agreement"), between the Issuer and the Corporation; and WHEREAS, the loan under the terms of the Loan Agreement will be secured by: (i) a Mortgage and Security Agreement, dated as of March 1, 1998 (the "Mortgage"), executed by the Corporation in favor of the Issuer; (ii) an Assignment of Leases and Rents, dated as of March 1, 1998 (the "Assigmuent of Leases and Rents"), executed by the Corporation in favor of the Issuer; and (iii) certain other security granted by the Corporation; and REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 8 WHEREAS, the Bonds will be issued under an Indenture of Trust, dated as of March 1, 1998 (the "Indenture"), between the Issuer and Norwest Bank Minnesota, National Association, as trustee (the"Trustee"), and the Bonds and the interest on the Bonds: (i) shall be payable solely from the revenue pledged therefor; (ii) shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the issuer's interest in the Facility; and WHEREAS, the loan repayments required to be made by the Corporation under the terms of the Loan Agreement will be assigned to the Trustee under the term of the Indenture and the Issuer's rights as mortgagee under the Mortgage and the Issuer's rights as assignee under the Assignment of Mortgage and Security Agreement, dated as of March 1, 1998 (the "Assignment of Mortgage:), between the Issuer and the Trustee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: 1. The Issue acknowledges, fmds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds and the other actions of the Issuer under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the best interests of the City. 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Bonds in a principal amount of $10,130,000. The Bonds shall bear interest, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in the form now on file with the Issuer, with the amendments referenced herein. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the form on file with the Issuer, which is hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the principal amount of the Bonds, the determination of the interest rates on the Bonds, and changes to the terms of redemption of the Bonds) as the Mayor mad the City Manager of the Issuer (the "Mayor" and "Manager", respectively), in their discretion, shall determine. The execution of the Bonds with the manual or facsihfile signatures of the Mayor and the Manager and the delivery of the Bonds by the Issuer shall be conclusive evidence of such determination. REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 9 3. The Bonds shall be special obligations of the Issuer payable solely from the revenues provided by the Corporation pursuant to the Loan Agreement, and other funds pledged pursuant to the Indenture. The City Council of the Issuer hereby authorizes and directs the Mayor and the Manager of the Issuer to execute and deliver the Indenture, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the owners of the Bonds, the Issuer and the Trustee as set forth herein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the Issuer, which is hereby approved, with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the Manager shall be conclusive evidence of such determination. 4. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Loan Agreement, the Mortgage, the Assignment of Leases and Rents, the Assignment of Mortgage, dated as of March 1, 1998, between the Issuer and the Trustee (the "Assignment of Mortgage"), the Escrow Agreement, dated as of March 1, 1998, among the Issuer, the Corporation, and the Trustee, relating to the defeasance of the Series 1987 Bonds (the "Series 1987 Escrow Agreement"), the Escrow Agreement, dated as of March 1, 1998 among the Issuer, the Corporation and the Trustee, relating to the defeasance of the Series 1991 Bonds (the "Series 1991 Escrow Agreement"), and the Bond Purchase Agreement, among the Issuer, Piper Jaffray Inc. (the "Underwriter"), and the Corporation (the "Bond Purchase Agreement"). All of the provisions of the Loan Agreement, Mortgage, Assignment of Leases and Rents, Assignment of Mortgage, Series 1987 Escrow Agreement, Series 1991 Escrow Agreement, and Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execUtion and delivery thereof. The Loan Agreement Assignment of Mortgage, Series 1987 Escrow Agreement, Series 1991 Escrow Agreement, and Bond Purchase Agreement shall be substantially in the forms on file with the Issuer which are hereby approved, with such omissions and insertions as to not materially change the substance thereof, or as the Mayor and the Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the Manager shall be conclusive evidence of such determination. ; REGULAR COUNCIL MEETING MARCH 23,1 998 PAGE 10 5. The Bonds shall be revenue obligations of the Issuer the proceeds of which shall be disbursed pursuant to the Indenture and the Loan Agreement, and the principal, premium, and interest on the Bonds shall be payable solely from the proceeds of the Bonds, the revenues derived from the Loan Agreement, the revenues and assets pledged and assigned under the terms of the Mortgage, Assignment of Leases and Rents, and Assignments of Mortgage, and the other sources set forth in the Indenture. 6. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 7. The Mayor and City Manager of the Issuer are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including the Arbitrage Certificate, the Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary ana appropriate in connection with the issuance, sale and delivery of the Bonds. 8. The Issuer has not participated in the preparation of the Preliminary Official Statement, dated March 15, 1998 (the "Preliminary Official Statement"), or the Official Statement relating to the Bonds (the "Official Statement") and has made no independent investigation with respect to the information contained therein, including the Appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the Issuer assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution and the use by the Underwriter in connection with the sale of Bonds of the Preliminary Official Statement, in the form on file with the Issuer, and the Official Statement. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the Issuer for use in connection with the offer and sale of the Bonds. The Issuer hereby approves the Continuing Disclosure Agreement, dated as of March 1, 1998 (the "Continuing Disclosure Agreement"), between the Corporation and Trustee, in the form now on file with the Issuer, and hereby authorizes the Trustee to execute and deliver the Continuing Disclosure Agreement. 9. All covenants, stipulations, obligations and agreements of the Issuer contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the Issuer. REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 11 Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the Issuer or by members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the Issuer, or any officer, agent or employee of the Issuer in that person's individual capacity, and neither the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personal liability or accountability by reason of the issuance thereof. No provisions, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any change upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the Issuer has not obligated itself to pay or remit any funds or revenues other than funds and revenues derived from the Loan Agreement, Mortgage, Assignment of Leases and Rents, and Assignment of Mortgage which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 10. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any holder of the Bonds issued under the provisions of this resolution, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any holder from time to time of the Bonds issued under the provisions of this resolution. 11. In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 3 hereof, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the bonds, but this resolution, the aforementioned documents, and the Bonds .shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. REGULAR COUNCIL MEET~G MARCH 23, 1998 PAGE 12 12. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 13. The officers of the Issuer, bond counsel, other attorneys, engineers, and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the Issuer is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council of the Issuer shall be authorized to act in his capacity and undertake such execution or acts on behalf of the Issuer with full force and effect, which execution or acts shall be valid and binding on the Issuer. If for any reason the Manager of the Issuer is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by a member of the City Council or the City Clerk- Treasurer, with the same force and effect as if such documents were executed and delivered by the Manager of the Issuer. 14. This resolution shall be in full force and effect fi:om and after its passage. Offered by: Szurek Seconded by: Sturdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION: I hereby certify that the foregoing resolution is a tree and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on March 23, 1998. Jo-Anne Student Deputy City Clerk REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 13 Councilmember Ruettimann requested that this approval be subject to the City Attorney's reviewal. He also requested that the City Attorney send a memo to members of the Council that he has reviewed this document. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Award of Contract for Zone 3 Street and Utili _ty Improvements and Adoption of Resolution No. 98-40 Motion by Ruettimann, second by Peterson to award the contract for Municipal Project #9703, 9704, 9705, 9706, 9707, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9727, 9728, 9729, 9730, 9731, 9732, and 9743 to Midwest Asphalt Corporation of Hopkins, Minnesota, based on their low, qualified, responsible bid of $1,097,425.35, accepting Alternate B for HDPE storm sewer pipe; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same with funding from the appropriate funds. Roll call: All ayes Motion by Ruettimann, second by Szurek to approve the declaration of the official intent of the City of Columbia Heights to bond for street rehabilitation work. Roll call: All ayes Motion by Ruettimann, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-40 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, l_ntemal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met: and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed fi.om the proceeds of a bond: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: REGULAR COUNCIL MEETING MARCH 23,1 998 PAGE 14 1. The City reasonably intends to make expenditures for a proeject consisting of Street Rehabilitation and Utility work identified as the Zone 3 Street Rehabilitation Project, and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series of the maximum principal amount of $1,150,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulation, or ruling. Passed this 23ra day of March, 1998. Offered by: Jolly Seconded by: Ruettimann Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student CERTIFICATION: State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing resolution is a tree and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 23rd day of March, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk 2. First Reading of Ordinance No. 1370 (Draft Nos. #I and #2) Being an Ordinance Pertaining to the Licensing of Pool/Billiard Halls The Police Chief reviewed the request of the pool hall owner and both drafts of the Ordinance, .. REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 15 Councilmember Ruettimann felt the drafts of the ordinance were confusing and appeared to be changing all hours of operation of the pool hall. He suggested that notification to minors on the premises should be made an hour before curfew and this should be added to the ordinance. He recommended that some of the language in the ordinance needed to be clarified before it received its second reading. The Police Chief stated he now has additional concerns regarding the pool hall since he has visited the establishment. The environment relative to smoking being allowed was one of his primary concerns. He suggested that smoking be allowed only at certain times. The owner of the pool hall felt the regulation regarding smoking was not feasible, that it was too restrictive, and was discriminatory. Councilmember Ruettimann requested the drafts of the ordinance be referred back to the License Review Committee. The Committee could again view the ordinance and return any further recommendations to the Council at a work session. Motion by Ruettimann, second by Sturdevant to table further discussion of this ordinance until the next Council work session. Roll call: All ayes 3. Action Regarding Rental License Revocation for Rental Property_ Located at 943 42nd Avenue Owned by James Egge Motion by Sturdevant, second by Ruettimann to close the public heating regarding the revocation or suspension of the rental license held by James Egge regarding rental property at 943 42nd Avenue in that the provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes B. Bid Considerations There were no bid considerations. C. Other Business This item was addressed earlier in the meeting. REGULAR COUNCIL MEETING MARCH 23, 1998 PAGE 16 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager The City Manager advised that wrap-up material will be coming from the Goal Setting Retreat Facilitator. This material will include information regarding the exterior and interior goals and the action plan. There will be regular progress reports to the Council. B. Report of the City Attorney The City Attorney was not in attendance. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Minutes of the January t5, 1998 Charter Commission Meeting and of the March 9, 1998 Library Board Meeting were included in the agenda packet. No Council action was required. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There were no citizens present for comment. 11. ADJOURNMENT Motion by Ruettimann, second by Sturdevant to adjourn the meeting at 8:35 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 13, 1998 .1. CALL TO ORDER/ROLL CALL The meeting was callexi to order by Mayor Sturdevant at 7:00 p.m. Present were Mayor Sturdevant and Councilm~rnbers Szurek, $olly, Ruettimarm and Peterson. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE AGENDA There were no additions nor deletions to the meeting agenda. 4. 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 fi.om the Consent Agenda are taken up as the next order of business.) A. Consent Agenda Motion by Szurek, second by Jolly to adopt the Consent Agenda with the following items: 1) Approval of Council Meeting Minutes The Council approved the minutes of the March 9, 1998 Regular Council Meeting and the March 9, 1998 Public Heating. 2) Establishment of Date for Special Election Canvass The Council established 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 40t~ Avenue Northeast, Columbia Heights, Minnesota. 3) Establish a Joint Meeting with Telecommunications Commission The Council approved the establishment of a special meeting of the City Council and the Telecommunications Commission for Thursday, May 21, 1998 at 7:30 p.m. REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 2 4) Landing of Air National Guard Helicopter at Huset Park for Safety_ Camp The Council approved the landing of the Air National Guard helicopter for the 1998 Safety Camp to be held on August 19, 1998 located at Huset Park with an approximate 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 The Council accepted the grant award fi:om Medtronic Foundation in the amount of $4,250 for the 1998 Summer Traveling Puppet Wagon. 6) Establish Hearing Date for License Revocation - 1206-08 Circle Terrace The Council established 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 property owner, Kurt Lowenthal for property located at 1206-08 Circle Terrace. 7) Order LED Signal Heads and EVP System for Phase II ofCi _ty Signal Work on Central Avenue The Council authorized staffto purchase LED signal heads fi:om Brown Traffic Products in the amount of $5,952.29 and EVP detectors and phase selectors fi:om Rennix Corporation in the amount of $18,674.78 for second phase of signal revisions on Central Avenue and the Council authorized 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 The Council waived the reading of the resolution there being ample copies available for the public. RESOLUTION NO. 98-43 APPROVING CONSTRUCTION PLANS PREPARED BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF TH 65 (CENTRAL AVENUE), FROM 53~ NORTH OF LAKE POINTE DRIVE (IN FR_IDLEY) AND THE REMOVAL OF LOOPS AND CONSTRUCTION OF RA1VI~PS ON 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 fi:om 53*d Avenue north to 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; REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 3 WItEREAS, 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, THAT: The City of Columbia Heights approves the construction plans prepared by MnDOT 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 13~h day of April, 1998. Offered by: Szurek Seconded by: Jolly Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing resolution is a tree and correct copy of a resolution presemed to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 13th day of April, 1998, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 4 9) Approval of Plans for Sealcoating State-Aid Streets and Authorize Advertisement for Bids The Council approved joint and crack sealing sealcoating of City State-Aid Streets east of Central Avenue and authorized advertisements for bids. 10) Approval of Street Excavation Permit for Minnegasco The Council approved the 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. 11) Renewal of Class B Gambling License for Immaculate Conception Church for Activities Held at the Church The Council directed 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 the City Council also waived the remainder of the sixty day notice to the local governing body. 12) Premise Permit Renewal/Application for Immaculate Conception Church at Mady's Bowling Center The Council directed 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 the Council also waived the remainder of the sixty-day notice to the local governing body. 13) Premise Permit Renewal/Application for Immaculate Conception Church at Tycoon's The Council directed 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 axed the Council also waived the remainder of the sixty-day notice to the local governing body. 14) 1999 Budget Schedule The Council adopted the budget calendar for the preparation and the review of the 1999 City budget. REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 5 15) Advertising at Top Valu The Council authorized 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) Payment of Bills The Council approved payment of the bills as listed out of proper funds. 17) Approval of License Applications The Council approved the license applications as listed. 18) First Time Homebuyers Program (MHFA MCPP) The Council approved the Minnesota Housing Finance Agency Minnesota Cities Participation Program (MCPP) Program Application - Commitment agreement and approved the payment of the allocation deposit and processing fee in the total amount of $4,953.03 out of proper funds and the Council authorized the City Manager to enter into an agreement for the same. Roll call on Consent Agenda: All ayes 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS AND GUESTS A. Recognition 1) Introductions of New Employees Joshua Watson, Maintenance I, Parks Department, Shari Briley, Library Clerk and Lee Okerstrom, Police Officer were the new employees who were introduced. B. Proclamations 1) National Library Week - April 19 - 25, 1998 The proclamation for Library Week was read by the Mayor and presented to a representative of the Library Board. C. Presentations There were no presentations. REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 6 ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-42 Being a Resolution Adopting the Goals Program for the Cit'v of Columbia. Heights Motion by Jolly, second by Szurek to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Councilmember Jolly read the goals as stated in the resolution. RESOLUTION NO. 98-42 BEING A RESOLUTION ADOPTING THE GOALS PROGRAM FOR THE CITY COLUMBIA HEIGHTS WHEREAS: On Saturday, March 21, 1998, the City Council and City staffmet 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. REGULAR COUNCIL MEETINGS APRIL 13, 1998 PAGE 7 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: Jolly Seconded by: Szurek Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations There were no bid considerations. C. Other Business 1) Conditional Use Permit - 2261 37t~ Avenue N.E., Ace Hardware Motion by Peterson, second by Ruettimann 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. Roll call: All ayes 2) Resolution No. 98-41 Being a Resolution to Allow a Lotsplit. at 1675 44th Avenue and ...Approval of a Conditional Use Permit, Variances and Plat for Case No. 9804-20, 1675 ,44th Avenue Crest View Corporation is requesting a conditional use permit, variances and a lotsplit and plat to construct a HUD 202 40 unit low income senior housing complex (retirement home) at 1675 44t~ Avenue. The City Planner reviewed all of the requests. Councilmember Ruettimann had concerns regarding fencing on the retention pond in the development area. The City Planner advised this fencing will be considered when the drainage plans are submitted for reviewal. He was directed to research this matter as it could be considered a safety issue. REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 8 Councilmember Jolly inquired if this project had been brought to the Traffic Commission. He felt it should be part of the process. Staffresponded there would be no change in the driveway location nor any anticipated increase in traffic. Motion by Peterson, second by Szurek to waive the reading of the resolution there being muple copies available for the public. Roll call: All ayes RESOLUTION NO. 98 - 41 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Shirley Barnes, CEO Crest View Corporation, hereby request a split of PIN 36 30 24 12 0090 and PIN 36 30 24 21 0156 Legally described as: CREST VIEW PARCEL (Existing) 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 of that part of the Northeast Quarter lying west of the west right 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: REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 9 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 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 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 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, 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. REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 10 THE DESCRIPTION HENCEFORTH TO BE: 1) PROPOSED LEGAL DESCRIPTION - SEC. 202 LOT SPLIT FOR CREST VIEW LUTHERAN That part of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota, described 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 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 to the actual point ofbegirming 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 fi:om the point ofbegirming; 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 of that part of the Northeast Quarter lying west of the west right 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: REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 11 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 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 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. 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 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 beating) along the West line of said Northeast ; REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 12 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 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, 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 (1) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Crest View Corporation Moved to recommend approval of the lotsplit as it meets the requirements of the Zoning Shirley Barnes, CEO Ordinance and is compatible with the Signature of Owner, Notarized Comprehensive Plan This 7th day of April, 1998 Offered by: Peterson Seconded by: Paulson Roll Call: All ayes Joseph Hollman, Zoning Officer 4444 Reservoir Blvd. Owner's Address Telephone No. 782-1611 SUBSCRIBED AND SWORN TO BEFORE ME this 30th day of March 1998. REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 13 CITY COUNCIL ACTION: Approved This 13th day of April, 1998. Offered by: Peterson Seconded by: Szurek Roll Call: All ayes Jane Ann Gleason Notary Public Secretary to the Council Joseph Sturdevant, Mayor FEE $150.00 DATE PAID 3-19-98 RECEIPT No. 36821 Motion by Peterson, second by Szurek 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) Alt loading and unloading must be performed on site and not encroach into the public right-of-way. Motion by Peterson, second by Ruettimann 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. Motion by Peterson, second by Ruettimann to table the plat request until Crest View Corporation provides the necessary information. REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 14 3) Conditional Use Permit - Case #9804-21, 1500 49th Avenue Northeast School District #13 is requesting a conditional use permit for the construction of two additions at Highland Elementary School. The two additions include a band room and a media center. The combined size of the two additions will be approximately 3,784 square feet. Councilmember Szurek advised that the concern regarding the band room interfering with the parking at the school is no longer an issue. Motion by Sturdevant, second by Ruettimann to approve the conditional use permit for the band room and media center additions, subject to the following conditions: a) All required state and local codes, permits and inspections will be met and in full compliance. b) A parking plan shall be submitted for review and approval by staff prior to the issuance of any building permits. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager has nothing to report. B. Report of the City Attorney There was no City Attorney report. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Included in the agenda packet were the minutes of the March 17, 1998 EDA Meeting and the minutes of the March 25, 1998 Park and Recreation Commission Meeting. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 1) Councilmember Jolly noted he will not be attending the May 7t~ North Star Corridor Meeting. He suggested that the alternate to this organization, Mayor Sturdevant, should attend. REGULAR COUNCIL MEETING APRIL 13, 1998 PAGE 15 2) Councilmember Peterson advised there will be a vacancy on the Planning and Zoning Commission. He recommended that the two residents who have expressed interest in serving on this commission be interviewed at an upcoming Council work session. 3) The residents at 5140 Rainier Pass expressed their concern with the ordinance which addresses hard-surfaced parking spaces and driveways. They currently have a stone surface on their driveway and to replace it has the potential for being quite expensive. They noted they had only recently become aware of this ordinance requirement in that they have not been reading the notifications from the City over the last year. They were referred to the EDA Director. 4) A Fridley resident who owns rental property at 3721 Reservoir Boulevard had some comments related to the upcoming special election. She also had photos of a sign she felt was in violation of the sign ordinance. 5) The property owner at 2300 40th Avenue shared some of his experiences with a local business owner. 6) Councilmember Peterson encouraged all eligible voters in Columbia Heights to become informed on the referendum issue regarding the rezoning and to vote. · 11. ADJOURNMENT Motion by Sturdevant, second by Ruettimann to adjourn the Regular Council Meeting at 8:15 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL BOARD OF REVIEW APRIL 14, 1998 1. CALL TO ORDER/ROLL CALL Mayor Sturdevant called the Board of Review to order at 6:55 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2. STATEMENT OF PURPOSE OF THE BOARD OF REVIEW The purpose of the Board of Review is to review property valuations as of January 2, 1998, for tax payable 1999 and to hear appeals from citizens who feel aggrieved or have questions regarding property valuation. 3. INTRODUCTIONS The City Manager introduced Ed Thurston, Anoka County Assessor, Mary Boyle, Residential Appraiser, and Diana Stellmach, Commercial Appraiser. 4, QUESTIONS AND ANSWERS The property owner at 4333 Monroe Street Northeast noted that his property value increased five percent. The Residential Appraiser advised that all homes comparable to this owner's increased five percent. This home was in the re-evaluation area and was viewed in July of 1997. The Appraiser stated she is comfortable with the value placed on this property. She introduced a work paper with four comparables to this property. All Cotmcilmembers concurred with the valuation. The property owner of 667 45th Avenue Northeast gave the history of property valuations on this property since 1997. He felt the total increases were too high and requested the property be viewed by the Appraiser again. It was last viewed in September of 1996. The owner of 1853 39th Avenue Northeast gave the history of his valuation increases since 1993. He felt the increases were too high and requested a reviewal of the property. The property was last viewed in 1994. The owner of property at 4321 Fifth Street Northeast noted he will allow no one on his property to view it nor to do an inspection. He also questioned the reference to "improvements" noted on his tax statement. BOARD OF REVIEW APRIL 14, 1998 PAGE 2 The City Manager read, for the record, a letter from the owner of the property at 4444 Fourth Street Northeast. She felt the increase of $9,200 from last year was unjustified and intends to appeal it at the County's Board o£Equalization. The owner of 4010 Hayes Street Northeast had previously contacted the County Residential Appraiser. At the Board of Review she requested that her property be viewed as it was last done in 1995. She noted that some of the surrounding properties were not neat and could impact on her valuation. 5. COUNCIL ACTIONS REGARDING SPECII~IC CASES OR CASES ON WHICH ADDITIONAL INFORMATION IS DESIRED. The Residential Appraiser advised there will not be a recommendation on the property at 667 45th Avenue Northeast before the Continued Board of Review as the owner will be out of town and there will be no opportunity to review the property. Motion by Ruettimann, second by Sturdevant to continue the Board of Review meeting to Monday, April 27, 1998 at 6:30 p.m. for the purpose of hearing additional information regarding only those property values appealed and discussed on April 14, 1998, and to consider adoption of the 1998 Property Assessment Rolls. Roll call: All ayes 6. CONTINUE BOARD OF REVIEW Motion by Peterson, second by Jolly to continue the Board of Review until Monday, April 27, 1998 at 6:30 p.m. Roll call: All ayes OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL CANVASS OF REFEREDUM APRIL 22, 1998 1. CALL TO ORDER/ROLL CALL Mayor Sturdevant called the Canvass to order at 5:00 p.m. Present were Mayor Smrdevant and Councilmembers Szurek, Ruettimarm, and Peterson. Councilmember Jolly was absent. 2. CANVASS ELECTION/ADOPTION OF RESOLUTION NO. 98-44 BEING A RESOLUTION CANVASSING MUNICIPAL GENERAL ELECTION RETURNS Motion by Peterson, second by Szurek to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-44 CANVASSING MUNICIPAL GENERAL ELECTION RETURNS WHEREAS, the City of Columbia Heights did on the 21st day of April, 1998, conduct and hold a Special Municipal Election to determine the following question: SHALL THE CITY OF COLUMBIA HEIGHTS ADOPT SECTION 2 OF ORDINANCE NO. 1369, BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 PERTAINING TO THE REZONING OF CERTAIN PROPERTY: which, in substance, is as follows: That certain property legally described as Lot Ten (1 O) (3802 Reservior Boulevard), Lot Eleven (11) (3740 Reservoir Boulevard.) Spain's Addition, Anoka County, Minnesota, which is currently zoned R-3, Multiple Family Residential, shall hereafter be zoned RB, Retail Business District. WHEREAS, the City Council of the City of Columbia Heights at a meeting of said Council held on the 22nd day of April, 1998, did canvass the returns and results of said Special Municipal Election; and WHEREAS, the following results were determined by said canvass of said Special Municipal Election, to wit: CANVASS OF REFERENDUM APRIL 22, 1998 PAGE 2 TOTAL BALLOTS CAST IN ELECTION: Yes 3,007 No 1,726 Overvotes 0 Times blank voted 2 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Columbia Heights, that certain property legally described as Lot Ten (10) (3802 Reservoir Boulevard), Lot Eleven (11) (3740 Reservoir Boulevard) Spain's Addition, Anoka County, Minnesota, which is currently zoned R-3, Multiple Family Residential, shall hereafter be zoned RB, Retail Business District. Passed this 22nd day of April, 1998. Offered by: Peterson Seconded by: Szurek Roll call: All ayes Mayor Joseph Smrdevant Jo-Anne Student, Council Secretary 3. ADJOURNMENT Motion by Peterson, second by Szurek to adjourn the Canvass at 5:05 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: April 27, 1998 AGENDA SECTION: CONSENT ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: Resolution No. 98-45 Being a Resolution to BY: J. Student BY: Change the Date of Council Meeting ~/- ~ - & DATE: April 24, 1998 DATE: When the date of a regularly scheduled Council Meeting falls on a holiday Monday, it is traditionally moved to the following Tuesday. The second meeting in May is also on Memorial Day. This change must be done by Council resolution. MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-45 being a resolution changing the date ora Council Meeting from Monday, May 25. 1998 to Tuesday, May 26, 1998. COUNCIL ACTION: C1' 'Y OF COLUMBIA HEIGHTS (1-) ~90 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN S5421-3878 (6 ~ 2) 782-2800 TDD 782-2806 RESOLUTION 98-45 BEING A RESOLUTION CHANGING THE DATE OF A REGULAR COUNCIL MEETING WHEREAS: There is an observed holiday on the fourth Monday of May which is the date for the regularly scheduled Council Meeting; and WHEREAS: The stated policy of the Columbia Heights City Council is that when an holiday is observed on either the second or fourth Monday of the month, the Council Meeting is scheduled to be held on the following Tuesday. NOW, THEREFORE, BE IT RESOLVED, that the second regular Council Meeting in the month of May, 1998, will be held on Tuesday, May 26, 1998 at 7:00 p.m. in the City Hall Council Chambers. Passed this 27th day of April, 1998. Offered by: Jol 1 y Seconded by: Szurek Roll call: A1 1 ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary THE CITY OF COLUMBia HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES EQUAL OPPORTUNITY EMPLOYER AGENDA.~ECTION: CONSENT NO. ITEM: Appropriation of reimbursed Grant ,, NO. Funds to Police De artment Budget CITY COUNCIL LETTER ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: April 7, 1998 Meeting of: April 27, 1998 CITY MANAGER I PROV%: DATE: Backeround In 1997 the City Council approved the Columbia Heights Police Department's involvement in a county wide auto theft prevention grant. This grant gave us access to equipment such as a bait car and overtime money in order to survey the bait car and apprehend auto thieves. In January of 1998 the Columbia Heights Police Department had its first opportunity to use the Anoka County bait car. This car is set up with a global position system (GPS), which allows us to park the car with the motor running and/or keys in the ignition and to wait to see if anyone steals the car. Once the car is entered, the global positioning unit kicks in and we can track the car to wherever it goes. When we are in position, we tell the people who are monitoring the car's position and they can shut off the engine. We then move in for the arrest. No pursuit! We set up this sting operation on several nights in January and in various locations. At this time we have not had any takers, but we believe it is just a matter of time. In order to pay for the overtime on this program, it was necessary for us to charge these dollars to our current overtime budget and then submit to the County for reimbursement. We have now received our first reimbursement check from the County in the amount of $2,736. Analysis/Conclusion Because the $2,736 is considered revenue, it was placed in a general fund revenue account. I am requesting that the City Council direct this money to be appropriated from General Fund Revenue to the Police Deparm',em' s budget under line #1020. This will allow us to replace the money that was initially taken from our budget to activate this program. Reeonm~nded Motion: Move to appropriate $2,736, the total amount reimbursed to us from the Anoka County Auto Theft Grant, from General Fund Revenue to the Police Department's 1998 budget under line 1020. TM_J:mld 98-122 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 4 Fire ITEM: Maintenance Contract for Defibrillators BY: Charles Kewatt OuSt. BY:~~ NO: 4- /q" ~ DATE: April ,13, 1998 DATE: See attached document outlining basics to support Fire Department staffreeommendation regarding a maintenance contract for defibrillators. RECOMMENDED MOTION: To authorize the Mayor and City Manager to enter into a twelve momh agreemem with Physio Control Corporation for the periodic inspection of two LP300 Defibrillators at a cost of $672.00, payable in quarterly installments. 98-45 Attachment COUNCIL ACTION: To: From: Subject: Date: Charlie Kewatt Dana Alexon Maintenance Recommendation for Defibrillators April 7, 1998 Backqround Information: As you know, we recently had preventative maintenance performed on both of our defibrillators. During the course of the PM we found a potential problem with our defibrillator from Rescue 2. Physic Control, the manufacturers of the defibrillators, were contacted to diagnose and repair the problem. They have completed this diagnosis and found that some settings on the defibrillator were not correct; they remedied the problem and performed a complete PM check on the unit. It is now back in service. We would be currently facing an invoice from Physic Control for $450 as their charge for conducting the preventative maintenance. In discussions with Physic Control we determined the following: Preventative Maintenance is currently recommended every 6 months for each defibrillator. This recommendation comes from the manufacturer; the Minnesota Department of Health, our ambulance license regulatory agency; and the Federal Food and Drug Administration, the regulatory agency for defibrillator manufacturers. As I understand it, there is an effort currently ongoing in the legislature to make the preventative maintenance mandatory. Both defibrillators were donated to the city by the Columbia Heights Athletic Boosters. As I understand it, part of the agreement at that time was the city would be responsible to ensure that all recommended maintenance and repair be conducted properly. c2-gSO65.wpd 1 Physio Control does not authorize any agency other than themselves to perform preventative maintenance or repairs on their products. They have a local repair representative, Mark Paulus, who i have found to be quite responsive. Much of their diagnosis and repair can be done in the station and they offer loaner equipment which is identical to our equipment in the event that off-site service is necessary. The batteries for our defibrillators have a recommended useful life of two years. Each defibrillator has two batteries. Batteries purchased new currently cost $150 each. In the past we have had our batteries rebuilt; rebuilding doubles the life of the battery. Physio Control also does not recommend using rebuilt batteries. They claim their experience indicates the batteries do not perform up to the manufacturer's specifications due to the quality of the battery cells used by those companies which re-build batteries. We do not yet have enough experience to indicate whether or not this claim is valid. Physio Control's representative, Mark Paulus, indicated to us that if we were to enter into a complete maintenance contract (option #3 below) with them, they would supply us with new batteries for our defibrillators since they would not be willing to assume the potential liability of allowing us to continue using batteries they feel are deficient. In the past, arranging for preventative maintenance was the responsibility of Assistant Chief DeMars. Records indicate that there was a lapse of time during which no preventative maintenance was being conducted. When staff became aware of this concern, immediate arrangements for preventative maintenance were made. Past records indicate that preventative maintenance was conducted by Physio Control under a service contract paid for by Health One Corporation, a predecessor to Health Span Transportation Services. This is not a current option for us since Health Span Transportation Services currently uses defibrillators made by a different manufacturer and no longer has a service contract with Physio Control. Current Situation: A significant potential legal liability would exist if our defibrillators did not receive preventative maintenance consistent with the recommendation of the manufacturer. This equipment is directly used in the life-saving efforts of our citizens, potentially including each of us. Physio Control is the only authorized source of preventative maintenance and repair; since they are local and quite responsive to our needs, this does not pose an issue. Based on the manufacturer's recommended useful life, all four of our batteries are due for immediate replacement, including those we have had rebuilt. Physio Control does c2-98065.wpd 2 not warranty rebuilt batteries, does not rebuild their own batteries, and is concerned that operating with rebuilt batteries does not provide the same standard of operation which we would get from new batteries. Total cost to replace these batteries would be $600. Physio Control offers several financial options regarding preventative maintenance and repair costs. Attached are copies of the service contract quotations which they offer; what follows is a summary of the options available to us. For those options involving a service contract (options #2 and #3) our payments to Physio Control could be made quarterly; by doing so only 75% of the contract costs listed would be payable in 1998 due to the timing of the issue. Without maintenance contracts the costs of doing preventative maintenance would be billed at the time the work is completed. Do not enter into any contract: Preventative maintenance, billed on a per-hour basis by Physio Control, would total $900 per year. The cost breakdown is as follows: Labor charge per PM - 1 hour $140 Travel charge $ 85 Cost per PM $225 X 2 defibrillators $450 X 2 PM per year $900 Any maintenance costs, such as bi-annual battery replacement ($150 per battery) or needed repairs would be in addition to this figure. Our total cost for 1998 for this option would be $1,500 of which $600 would be for battery replacement. Enter into a "Preventative Maintenance Only" Contract: This type of contract, which can be entered into for 1 year increments, would cost $672 per year. For this cost, both defibrillators would receive the recommended two PM inspections per year. With this option, any repair costs would be borne by the city should they be necessary. We have found, in our experience, the Physio Control products to be very sturdy and reliable, requiring few repairs. The down side to any repair which would be required is it generally is expensive; for example a replacement circuit board, the "brain" of the unit, would cost approximately $2,000. This option also offers a 5% discount on purchases of electrodes and a 10% discount on the purchase of accessories for the defibrillators. With the discount offered, the cost of battery replacement would be only $540, bdnging the total cost of this option to $1,21 2. c2-98065.wpd Enter into a "Inspections and Repairs" Contract: This type of contract, which can be entered into for I year increments, would cost $1,560 per year. For this cost, both defibrillators would receive the recommended two PM inspections per year and most required repairs would be covered. Battery replacement is included specifically in this contract. With this option, major breakage to the defibrillators would not be covered. The repairs covered would include normal wear and tear. This option also offers a 5% discount on purchases of electrodes and a 10% discount on the purchase of accessories for the defibrillators. Staff Recommendation: Staff recommends option #2, entering into an "Inspections Only" contract with Physio Control. This option offers us the lowest cost while protecting us against potential liability for not following the recommendations of the manufacturer and other regulatory agencies. Our experience regarding repairs is that they are infrequent. Our biggest potential for a repair would occur if the unit was dropped and damaged; this type of repair very possibly would not be covered under even the "Inspections and Repairs" type of contract. We further recommend that we enter into a short term contract which would offer us the potential to reconsider our options based upon future needs. The term of the contracts being offered in options #2 and #3 is twelve months. Regarding battery purchase, we recommend immediate replacement of the two oldest batteries, for a total cost of $300. The newly purchased batteries would then be used as the primary use batteries in each defibrillator, significantly reducing the concern of the manufacturer regarding the quality of the rebuilt batteries. In 1999 and future years, the submitted budget would reflect $300 per year to replace two batteries. This would continue to keep us current within the two year life of the batteries. Requested Council Action: Enter into a twelve month maintenance contract with Physio-Control Corporation for the purposes of preventative maintenance on our two LifePak 300 defibrillators. SERVICE ORDER QUOTATION End User Customer # 01571801 COLUNffilA HEIGHTS FIRE DEPT 555 NE MILLS ST COLUMBIA HEIGHTS, MN 55421 Bill To Customer # 01571801 COLUMBIA HEIGHTS FIRE DEPT 555 NE MILLS ST COLUMBIA HEIGHTS. MN 55421 This Semce Order is for a term of 12 months. The Sexvio¢ Ontex quoted here is subje~! to tiao terms and conditions on the ~-vm-ae side of this document. Price of coverage sOo:ffled below is $672.00 mr term, lmrvable in Quarterly installments. Quotation is valid for 90 days be~innin~ 3/17/98. SERVICES Designaled Repair and Inspe~ticns S~-x4ces will b~ performed a! ttae designsled service frequency and during designated service If"R~pair* strvi~s ar~ designated, subject to F_~mi~ idmtified in Service Otd~, ~hey shall include, f<~ the designated Covered Equipment, aH re~air para and materials required, all r~luired Ph.vsio-Cotm'ol sta, viee tochni~ian labor, and all related travel ext~nae~ Fo, off, itc (shy-in) aervicea, units will be returned to Custonzr by Phy~io-C. xmlro[ freigh~ prepaid. If "Inspection' servic~ ar~ desigaxted, subj~t to Exclusions id~t[fied in Service Order. they. shall inctud~, for the designated Coves'ed EquipmenL verification ofpropa' insirmnem calibration, verification that instmm~t mechanical ~-ati~ns and o~put m~asuremenls are comistmt wiga applicable proch~ specifications, peri'mm of an electrical safety, ch~ in acoxdanc~ with National Fir~ and Protectkm Guidelines, all requir~l Phs~io-12onu'ol smwice t~hnician labor and all related travel ~. For offsile (ship-in) s~'vices, units will b~ r~umed to Culanm~ by Physio-Control freight prepaid. SPECIAL TERMS 5 percent discount on electrodes 10 percent discount on accessories Part D~cription Number Numbcmf oflaspections Units ASSY-FINALJ_~300 O82ns. Onl~.M-F/8-5 2 2 PHYSIO-CON'I~OL CORPORATION Territory Rep: Phone: 800442-1142 FAX: 800-772-3340 Reference Number: M52-1345 Ncw Ch~omer Contact: Dana Alexson Phone: 612-782-2830 FAX: SERVICE ORDER QUOTATION End User Customer # 01571801 COLUMBIA HEIGHTS FIRE DEFT 555 NE MILLS ST COLUMBIA HEIGHTS, MN 55421 Bill To Customer # 01571801 COLUMBIA HEIGHTS FIRE DEPT 555 NE MILLS ST COLUlVIBIAHEIGHTS. MN 55421 This Service Order is for a term of 12 months. The Service Order quoted here is subject to the terms and conditions on the reverse side of this document. Price of coverage sl:ecified below is $1,560.00 l~er term, l~avable in Quarterh' installments. Quotation is valid for 90 days be.m'nnin~ 3/17/98. SERVICES D~signated Relmir and Inspe~lims Services will be perf~'med at the designated .~n'vice fi-~n~y ~1 daring d~i~mted s~.rvic¢ If"Repair" aervicea are c~ignate& subject to Exclusions identified in Service Order, they ~Inall indud~ for the designated Covered Equipmmt, all repair parts and materials required, all required Physi~l service technician labor, and all related travel ext~n~s. For offzit~ (skip-ia) aervices, units will b~ returned to Custome~ by Physio-Control fxeight prepakL If"Inspection" ~rvices are d~ignated, subject to Exclusions identified in Service Order, they ahail include, for thc designated Covered Equipmmt. verification of proper immux~t calibrafim, verification that instrument mechanical opee~ions sad o~put m~surements are oonsistmt with epplimble pro~a specifications, pa-forman~e of an elearical safa'y ~h~k in accordance with National F/re md Protection Gu/detines, all t~lUh'ed Physio-Control ~ervice t~hnician labor and all rel~d Wave/expms~ For offs/~ (drip-in) rawvices, units will be returned to Customer by Phy~io.~mtrol frei~ prepa/d. SPECIAL TERMS 5 percent discount on electrodes 10 percent discoum on accessories Part Description Number Numberof oflm'peotions Units ASSY-FINAL,LP300 On-Site '_R.& 'I:M-F/8-5 2 PHYSIO-CONTROL CORPORATION Territory Rep: Paulus, Mark Phone: 800-442-1142 FAX: 800-772-3340 Reference Number: M52-1345 New Customer Contact: Dana Alexson Phone: 612-782-2830 FAX: PHYSIO-CONTROL CORPORATION SERVICE ORDER TERMS AND CONDITIONS RENEWAL TERM~ Physio-Control's acceptance of Customer's Service Order is expressly conditioned on Customer's assent to the terms set forth in this document and its attachments. Physio-Control agrees to furnish the services ordered by Customer only on these terms, and Customer's acceptance of any portion of the goods and services covered by th~s document shall confirm their acceptance by Customer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Physio-Control by Customer. These terms may not be revised in any manner without the prior written consent of an officer of Physio-Control. REPAIR SERVICES If "Repair" services are designated, subject to the Exclusions identified below, they shall include, for the designated Covered Equipment, all repair parts and materials required, all required Physio-Control service technician labor, and all related travel expenses. For offsite (ship-in) services, units will be returned to Customer by Physio-Control freight prepaid. INSPECTION SERVICES if "Inspection" services are designated, subject to the Exclusions identified balow, they shall include, for the designated Covered Equipment, verification of proper instrument calibration, verification that instrument mechanical operations and output measurements are consistent with applicable product specifications, performance of an electrical safety check in accordance with National Fire and Protection Guidelines. all required Physio-Control service technician labor and all related travel expenses, For offsite (ship-in) services, units will be returned to Customer by Physio-Control freight prepaid. DOCUMENTATION Following each Repair and/or Inspection, Physio-Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. LOANERS if a Physio-Control product is designated as a unit of Covered Equipment for Repair Services and needs to be removed from service to complete repairs, an appropriate Loaner unit will be provided, if available, until the removed unit is returned. Customer assumes complete responsibility for the Loaner and shall return the Loaner to Physio-Control in the same condition as received, at Customer's expense, upon the earlier of the return of the removed unit or Physio-Control's request. EXCLUSIONS This Service Order does not include: supply or repair of eccassodes or disposables (e.g., patient cables, recorder paper, etc.); repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, and/or acts of God; repairs to return an instrument to normal operating equipment at the time of initial service by Physio-Control under this Service Order; case changes; repair or replacement of items not originally distributed or installed by Physlo-Controh and exclusions on Schedule B to this Service Order, if any, which apply to Covered Equipment, SCHEDULED SERVICES Designated Repair and Inspections Services will be performed at the designated service frequency and dudng designated service hours. Customer is to ensure Covered Equipment is available for Repair and/or Inspection at scheduled times, If Covered Equipment is not available as scheduled and Customer requests additional services to be performed or if Physio-Control is requested to perform Repair or Inspection services not designated in this Service Order (due to the nature of services selected, instruments involved not being Covered Equipment, request being outside of designated service frequency or hours, or application of the Exclusions); Customer shall reimburse Physio-Control at Physio-Control's standard labor rates less 10% (including overtime, if appropriate), plus standard list prices for related parts and materials less 15%, plus actual travel costs incurred. pAYMI~NT The cost of services performed by Physio-Control shall be payable by Customer within thirty (30) days of Customer's receipt of Physio-Control's Invoice (or such other terms as Physio-Control confirms to Customer in writing). In addition to the cost of services performed, Customer shall pay or reimburse Physio-Control for any taxes assessed Physio- Control. if the number or configuration of Covered Equipment is altered during the Term of this Service Order, the price of Services shall be adjusted accordingly. WARRANTY Physio-Control warrants Services performed under this Service Order and replacement parts provided in performing such Services against defects in material and workmanship for ninety (90) days from the date a Service was performed or a part was provided. Customer's sole remedy shall be reservicing the affected unit and/or replacement of any part determined to be defective, without any additional Customer charge, provided Customer notifies Physio-Control of any allegedly defective condition within ten (10) calendar days of its discovery by Customer. Physio-Control makes no other warranties, express or implied, including, without limitation, NO WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. TERMINATION Either party may terminate this Service Order at any time upon sixty (60) days prior written notice to the other, except that Physio-Control may terminate this Service Order immediately upon Customer's failure to make timely payments for services rendered under this Service Order. In the event of termination, Customer shall be obligated to reimburse Physio-Control for that portion of the designated pdce which corresponds to that portion of the Term and the scope of Services provided prior to the effective date of termination. DELAYS Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from any cause beyond its reasonable control, including, but not timited to, acts of God, labor disputes, labor shortages, the requirements of any governmental authority, war, civil unrest, delays in manufacture, obtaining any required license of permit, and Physio-Control's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio-Control's obligations and the performance dates shall be extended for the length of such delay. a) Customer agrees to not employ or offer employment to anyone 'performing Services on Physio-Control's behalf during the Term of this Service Order or for one (1) year following its expiration without Physio-Control's prior written consent. b) This Service Order, and any related obligation of other party, may not be assigned in whole or in part without the prior written co~sent of the other party. c) The rights and obligations of Physio-Control and Customer under this Service Order shall be governed by the laws of the State of Washington. Ali costs and expenses incurred by Physio-Control related to enfomement of its rights under this document, including reasonable attorney's fees, shall be reimbumed by Customer. CITY COUNCIL LETTER Meeting of: APRIL 27, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~ FINANCE APPROVAL ITEM: INSURANCE COVERAGE FROM BY: WILLIAM ELRITE BY: 5/9/98-5/9/01 DATE: 4/16/98 DATE: NO: 4.'- - In 1995 the City took out a three-year insurance poticy with St. Paul Companies to cover our general liability and property. At that time, there were only three companies writing municipal insurance in the state: the League of Minnesota Cities Insurance Trust, USF & G, and St. Paul Companies. This year our insurance agent contacted seven companies offering municipal insurance coverage in some degree. Of these seven entities, only two submitted proposals: the League of Minnesota Cities Insurance Trust administered by Berkley, and St. Panl Companies. The attached letter from American Agency summarizes the total cost of those quotes. The coverage from St. Paul Fire & Marine is $173,467; with the League it is $298,337. Also attached is a letter from American Agency highl/ghting some of the differences between the League's coverage and St. Paul Companies' coverage. In essence, the coverage is primarily the same. The League does have a small amount of coverage for violations of the Open Meeting Law which St. Panl Companies does not. The League has a $1,000 deductible on the liability coverage, where St. Paul Companies only has a $250 deductible on sewer backups; everything else with St. Paul Companies is covered from the first dollar. The third significant area is the pol/cy limit for general l/ability: St. Paul Companies' is $1 million per occurrence with a $2 million aggregate; and the League's coverage is for only $750,000 per occurrence. It should also be noted that in the past three years St. Paul Companies' claims ratio on the City's pol/cy was 116%. This means that St. Panl Companies paid out 16% more in claims and costs than they collectedin premiums. However, the premium increase from St. Paul Companies is relatively minor. The base premium in 1995 was $143,584 and their renewal premium is $173,467. Based on our past experience, this is a low premium. Staff has contacted the City's insurance agent and requested that he be available for Monday night's work session to review coverages with the City Council. In the past, there have been some concerns regarding coverage provided by St. Paul Companies, and some items in the past were not covered because the City had chosen to not carry public officials' liability coverage. Under St. Paul Companies and other private insurance companies it is optional; under the League's policy it is not optional as public officials' l/ability is part of the base policy. At the time of the Lee Stauch claim had the City hadinsurance with the League, the claim possibly wonld have been covered since publ/c officials' liability would have been part of the base policy. We do currently carry public officials' l/ability coverage with St. Paul Companies and, subsequently, their coverage is more comparable to that of the League of Minnesota Cities Insurance Trust. Based on this and the difference in premiums, it is staff's recommendation to renew insurance coverage for the next three years with St. Paul Companies per the quote provided from American Agency. It should be noted that St. Paul Companies' proposal is for a premium rate for three years; however, the actual policy is only for one year, and the City can choose not to renew it at the end of the first or second year. Obtaining a three-year quote from St. Paul Companies is to the City's benefit as it projects our costs for a longer period while not being locked into the three-year period. It is also recommended that our law enforcement l/ability, public entity management liability, and EMT liability coverage be increased from the current $600,000 level to the $750,000 level at a cost of $1,525, bringing the total premium to $174,992. 1R_ECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement wkh St. Paul Companies for liability and property coverage for the period of May 9, 1998, through May 9,2001, at an annual premium of $174,992. WE:dh/9804161 Attachment COUNCIL ACTION: American Agency, Inc. April 2, 1998 5851 Cedar Lake Road P.O. Box 16527 Minneapolis, MN 55416-0527 (612) 545-1230 · Fax (6 t2) 593-8733 William Elrite City of Columbia Heights 590 40th Ave Northeast Columbia Heights, MN 55421-3878 Dear Bill: We are enclosing our renewal proposals from the St. Paul Fire and Marine Insurance Company and the League of Minnesota Cities. The St. Paul Fire and Marine is at $173,467, with the League is at $298,337 with lower liability limits. With the losses incurred by the city over the past several years, a dividend would not have been available from the League. The St. Paul Fire and Marine will continue to offer monthly payments while the League requires payment in full. The St. Paul Fire and Marine has guaranteed a 3 year cost at a loss ratio of 50% or less. If you have any questions, please do not hesitate to contact our office. Sincerely, Richard Scheldroup RS/dj American Agency, Inc. April 7, 1998 5851 Cedar Lake Road P.O. Box 16527 Minneapolis, MN 55416-0527 (6 t 2) 545-1230 · Fax (612) 593-8733 William Elrite City of Columbia Heights 590 40th Ave Northeast Columbia Heights, MN 55421-3878 RE: Property Liability Renewal of 5/9/98 Dear Bill: During our visit regarding the proposal of the renewal with quotes from the League of Minnesota Cities and the St. Paul Fire and Marine Insurance Company, you had requested we respond to the following: Companies that we submitted requests for quotes: 1. Cigna 2. Crum and Forster 3. Employers Mutual 4. Hartford (Penco Program) 5. CNA 6. St. Paul Fire and Marine 7. League of Minnesota Cities Difference in Coverages: 1. Open Meeting Law Defense Cost Reimbursement; League includes this coverage, St. Paul Fire and Marine does not. 2. St. Paul Fire and Marine provides full coverage on all liability losses with a $250. deductible applying to sewer backup only. League of Minnesota Cities has a $1000. deductible applicable to all liability losses ($1000. deductible applies to all coverage parts) 3. St. Paul Fire and Marine Liability limits are $1,000,000 with a $2,000,000 aggregate. League of Minnesota Cities is $750,000 combined single limit. Page 2 Quote to increase liability limits on St. Paul Fire and Marine proposal: 1. Law Enforcement Liability, $750,000/$750,000 2. Public Entity Management Liability, $750,000/$750,000 3. EMT, $750,000/$1,000,000 Additional annual premium: $1525. I am enclosing a copy of the statute regarding liability requirements for your review. Please do not hesitate to contact me for further assistance in these matters. Sincerely, ~char~[ Scheldroup RS/dj CITY OF COLUMBIA HEIGHTS DATE: APRIL 23, 1998 TO: FROM: WALT FEHST CITY MANAGER WILLIAM ELRITE FINANCE DI/LECTOR INSURANCE RENEWAL As a follow-up to my Council Letter and the work session of April 20th, I have spoken with Jim Hoeft, the City Attorney. At the xvork session, a Council Member had questions as to whether or not the proposed policy had any gaps or missing coverages. Jim did not feel that there were any major gaps in coverage with the proposed policy. He will review it further and be available at the City Council meeting to share his opinions with the Council. If you would like anything additional prior to the meeting, please let me know. WE:dn 9804231 CC: Jim Hoeft (via fax) June Johnston, Assistant Finance Director CITY COUNCIL LETTER Meeting of April 27, 1998 AGENDA SECTION: C 0 N $ E lq T ORIGINATING DEPARTMENT: CITY MANAGER d~ Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation DATE: April 22, 1998 DATE: No: - The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Kurt Lowenthal regarding rental property at 1206-08 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of April 27, 1998. The public hearing on this property may now be closed in that the owner has complied with requirements of the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Km't Lowenthal Regarding Rental Property at 1206-08 Circle Terrace in that the Provisions of the Housing Maintenance Code Have Been Complied With. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of: 4/27/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: 19/ PUBLIC WORKS ITEM: PAYMENT FOR EMERGENCY REPAIR OF BY: K. Hansen ~v*~ BY: SANITARY SEWER AT 4120 AND 4121 2~r~ ST. q,,/~,. ~ DATE: 4/22/~ DATE: Background: The Sewer and Water Department was contacted by the owner's son of the property at 4121 2na Street when it appeared that the sanitary service line had a structural failure and would have to be excavated. He was given a copy of City Ordinance 4.326(8) and informed that it would be the property owner's responsibility to pay for the repairs to the building service. PipeRight Plumbing excavated behind the curb to locate the pipe and confirmed that the problem was in the street. Upon excavating in the street, it was discovered that the building services for 4121 and 4120 2nd Street were connected to the same riser and the riser was broken somewhere between the Y connection and the City's 18" trunk sewer line that is approximately 31' deep. The owner of 4120 2nd Street was not having any problems with her service as the property sits at a higher elevation and it was evident that her sewage was running into 4121 2na Street. Analysis/Conclusions: A conference was held between the Public Works Director, the Public Works Superintendent and the Sewer and Water Foreman. It was determined that this repair had evolved into an emergency repair due to the following factors: two homes out of service, · the depth of the sanitary line, · the service was combined for two homes, and that the work should be completed as soon as possible. Observation of the excavation indicated that the structural failure may have been a result of original construction design and material placement. The plumber was instructed by Public Works to dig down to the main, separate the services and make the necessary repairs, including the riser pipe. Recommended Motion: Move to approve payment to PipeRight Plumbing in the amount of $9,978.22 for the emergency repair of sanitary sewer at 4120 and 4121 2nd Street with funds to be appropriated from the Sewer Fund (602-49450-4000). rU.'jb 98-138 COUNCIL ACTION: PipeRight Plumbing 4029 Penrod Lane N.E. St. Aaathony MN 55421 Phone # 789 6126 Fx # 782-9772 BILL TO City of Columbia Heights 637 38th Ave N E Columbia Hts Mn 55421 Mtn: Kevin Hanson REOEIVED APR 2, t 1998 PUBLi0 WORKS DATE 4/15/98 Invoice INVOICE # 1073 DESCRIPTION AMOUNT Service address: 4121 2nd St N E 4120 2ndSt NE One hole sewer repair in yard not in street first si,x hours $950.00 $125.00 per hour after first six hours. Plus all expenses. Some expenses but not limited to: permit,parts, warning lights, if needed side walk and street repair. In street add $200.00 for compressor,jack hemmer, chisel and hose Deep Holes 15 f~to20 ftdeep $145.00 per hour 20 t~ to 30 ft deep $175.00 per hour P~e paid ( Allen Eliason) Pen-nit Street cut Permit Haul in dean fill sand and haul like amount out Warning Lights 3/25 Draincleaning, tried clearing 2nd problem 3-25 10:30an~ to 3:30pm 5 hfs 3-26 8:25am to 12pm 3.5 b.rs 12:20pm to 4pm 3.5 hrs 3-27 1 hr 4-2 8:30amto ll:45am 3.25 hfs 12:10pm to 4pm 3.75 hfs At 15 to 20 foot depth 4-3 8:30am to 3pm (-..5hr) 6hfs 4-4 8am to 1:30pm 5.5 hrs At 20ft to 30ft 4-6 8:30am to 3pm (-.5hr) 6 hfs 4-8 8:30am to 3:30pm (-.5hfs) 6.5 hfs 4-9 9:30am to 3pm (- 2 hrs) 3.5 hfs 4-10 7:30am to 3:30pm (-.Shrs) 7.5 hfs 950.00 200.00 -5O0.0O 30.50 300.00 289.22 108.80 I05.00 Page I ITotal PipeRight Plumbing 4029 Pcnrod Lane St. Anthony MN 55421 Phone # 789 6126 Fx # 782-9772 Invoice DATE INVOICE # 4/15/98 1073 BILL TO City of Columbia Heights 637 38th Ave N E Columbia Hts Mn 55421 Attn: Kevin Hanson DESCRIPTION AMOUNT 4-13 8:30am to l:30pm 5 hrs Had inspection and back filled. 0 to 20 ft Total hfs 25 - 6 = 19 x $125.00= 15 to20 tl 11 hfs x $145.00 = 20 to30 ft 23.5 x $175.00 = Material: 30* Sch 40 ?VC, 4- 6" 45 degree bends, 2 - 6" 22 degree bends, 5- C1 × PVC femcos, 3 bags concrete mix, cold patch 2,375.00 1,595.00 4,112.50 387.52 25.18 Total $9,978.72 Page 2 CITY COUNCIL LETTER Meeting of: April 27, 1998 AGENDA SECTION: CONSENT ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: Establish Council Work Sessions BY: J. Student BY: ~- ~ ' ~ DATE: April 24, 1998 DATE: RECOMMENDED MOTION: Move to establish Wednesday, May 6, 1998 at 7:00 p.m. and Monday, May 18, 1998 at 7:00 p.m. as times and dates for Council work sessions. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: April 27, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ay License Department APPROVAL ITEM: Ordinance No. 1371 BY: Kathryn Pepin BY: NO: ~'-, ~ -' ~ DATE: March 25, 1998 BACKGROUND Due to significant requirements pertaining to tobacco use adopted by the Federal and State government, cities are required to adopt and implement these changes, many of which went into effect August 1, 1997. Staff has used the model ordinance received from the Minnesota League of Cities. The model is based on provisions of ordinances from cities across the country and on the minimum standards imposed by Minnesota Session Laws 1997, Chapter 227. The provisions of this model ordinance have either been upheld by the courts, or should be readably defendable. ANALYSIS/CONCLUSION A multitude of staff time and the City Attorney's time has gone into the review, compilation, discussion and adaptation of this proposed ordinance to the needs of Columbia Heights. This ordinance was presented to the City Council at their work session of March 30, 1998 for review and discussion. No recommendations were made for changes. RECOMMENDED MOTION Move to waive the reading of Ordinance No. 1371, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Cigarette/Tobacco Sales as ample copies are available to the public. Move to adopt Ordinance No. 1371, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Cigarette/Tobacco Sales and to conduct the second reading of Ordinance No. 1371 on May 11, 1998. COUNCIL ACTION: tol~accolicenseord.wpd ORDINANCE NO. 1371 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CIGARETTE/TOBACCO SALES The City of Columbia Heights does ordain: Section 2: Section 5.302 of Ordinance NO. 853, City Code of 1977, which currently reads as follows, to wit: 5.302(1) No person shall engage in the trade or sale at retail of cigarettes or cigarette wrappers without a license issued pursuant to the provisions of this chapter. 5.302(2) License applicants under this section shall state in the application the location where cigarettes or cigarette wrappers will be sold, the general nature of other business conducted at said location, and whether sales will be made by vending machine or over the counter. 5.3O2(3) A separate license shall be required for each location or machine where cigarettes or wrappers are sold. 5.3O2(4) No licensee or agent or employee thereof shall sell or distribute cigarettes or cigarette wrappers to a minor. 5.302(5) The requirements for a license under this section is supplemental to the requirement for a license under any other section of this Article. Shall hereafter be amended to read as follows: SECTION 2 CIGARETTE/TOBACCO SALES 5.302(1) PURPOSE. An ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco related devices in the City and to reduce the illegal sale, possession, and use of such items to and by minors. Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of State laws; studies have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking a~ significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Mn. Statute 144.391. 5.302(2) DEFINITIONS AND INTERPRETATIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: (A) Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. (B) Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. (C) Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. (D) Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. (E) Individually Packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this section shall not be considered individually packaged. (Fl Loosies. "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. (Gl Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. (H) Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. (I) Moveable Place of Business. "Moveable Place of Business" shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. (J) Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. (K) Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices. 5.302(3) LICEIgSE REQUIRED. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related devices without first having obtained a license to do so from the City. (Al Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the License Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. If the clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. (B) Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. The clerk will refer the completed application to the Police Department for a background and record check prior to formal review by the City Council. If the City Council shall approve the license, the License Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the Council's decision. (C) Term. The term of each license shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (D) Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance. (E) Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Change of location or applicant will be required to be treated as a new application. (F) Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. (G) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. (H) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for renewal shall be made at least sixty days but no more than ninety days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. 5.3O2(4) FEES. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. 5.302(5) BASIS FOR DENIAL OF LICENSE. The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed 5.302(6) to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: (A) The applicant is under the age of 18 years. (B) The applicant or any employee thereof has been convicted within the past five years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. (C) The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve months of the date of application. (D) The applicant fails to provide any information required on the application, or provides false or misleading information. (E) The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. PROHIBITED SALES. It shall be a violation of this ordinance for any persons, employee or responsible party to sell or offer to sell any tobacco, tobacco product, or tobacco related device: (A) To any person under the age of eighteen (18) years. (B) By means of any type of vending machine. (C) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. (D) By means of Ioosies. (E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. (F) By any other means, to any other person, or in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. 5.302(7) VENDING MACHINES PROHIBITION. It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. 5.302(8) SELF-SERVICE SALES. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this section before a new license is issued for the next license year. 5.302(9) RESPONSIBILITY. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. It shall be the license holders responsibility to provide training to any employee conducting tobacco sales and/or sales of tobacco related products and devices and to document proof of such training to be provided upon request by any enforcing agent of the City. 5.302(10) COMPLIAigCE CHECKS AND INSPECTIOIgS. All licensed premises shall be open to inspection by the City Police or other authorized City Official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minors age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. 5.302(11) OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts shall be a violation of this ordinance. A. Illegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any rnin~r. B. Ille§al Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. C. Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. D. Illegal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall also be violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. E. Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 5.302(12) VIOLATIONS. In addition to any fine or other penalty, whether civil or criminal, violation of this ordinance by a licensee under this ordinance shall be grounds for the suspension or revocation of the license. A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the atleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. B. Hearings. If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. C. Hearing Officer. The City Council shall serve as the hearing officer. D. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officers reasons for finding a violation and the penalty to be imposed under the Penalty section of this ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator, E. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred. F. Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. G. Continued Violation. Each violation, and every day in Which a violation occurs or continues, shall constitute a separate offense. 5.302(13) PENALTIES. A. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine of 875.00 for a first violation of this ordinance; 8200.00 for a second offense at the same licensed premises within a twenty-four (24) month period; and 8250.00 for a third or subsequent offense at the same location within a twenty-four (24) month period. In addition, after the third offense, the license shall be suspended for not less than seven (7) days. B. Other Individuals. Other individuals, other than minors regulated by Section C of this subsection, found to be in violation of this ordinance shall be charged an administrative fee of 850.00. C. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be required to attend a diversion or educational program. D. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. 5.302(14) 5.302(15) EXCEPTIONS AND DEFENSES. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. SEVEFtABILITY AND SAVINGS CLAUSE. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary BRC F']:NANCIAL. SYSTEM 04/24/98 09: 38: 57 F'I..JI,ID I:~IiECAF': F:'Ul'-II) DE SCR ]~ F:'T I ON :1. 0:1. ;~0.1. 203 204 205 2.12 235 240 250 i-]71. 299 402 405 415 601 602 603 609 652 701 710 '720 884 887 GEI"-IIiERAL. COMMtJN]Ti"Y DI'='VEL. OI='Mli:T--I'I" F"UND F:'ARt<V]{EW VIL. L.A NORTH ECONOM]:C DEEVI.T.L_OPML:=T-IT AI.J"I'I--I SECT]:ON 8 ~.Yf'ATE"' A.T'),.') MA.'[N'T'EN~I'-lOI.:-" I::'(--.~R I'(g ]] liEt,d V I I...I...A SOUTH O:.'.$}E'q.~I!E TEI...IEV .'[ S ][ ON l:kli!]l',l'T'~l... I..ICIL.I,C:; ]] I',IG I_]]BI~AR¥ COL. HGH'T'S AFTEF:,' SCHOOL. F. EhtF:,']: LOCAl_ L. Ab,I I:ZNF"'OF,.:OITMENT 98 HCIUS ]] big ~.:. I:;,'IZ:OD"V['"'I...OF:' AUTH STATE: AZD CON,(~TRUC'¥ION DOWN'/"OWI',I MA I NTE]'~AI'~C['!: CAI=' .T. T Al.. ]]M F'R 0 V lie M EIq'T - P WATE]::.' U'l" .]~ l... ! TY SEWI!']F~ UT Z L .]] ]"Y REF:'LISE FUNi) I.. :[ QUOR .'-i';EWEF;: C:ON-STRLJCT I ON F'UND C Elq'l"l:;,:A L E l',l El:;,' CYY MANAGEMEI',IT DATA F'f~.OCESS ZNG I:]: 0 t'-I'l" F~: Ii I::: L]'F IE ):) F'ROJECTS-F;,'EC I tq S U R A t'--1C E E S C:: F:.: C.II,,J F:T_E× BJTIqli"'F:'!T TRUST FUND F'OL. I CE/F:' ]: FL'E: CONT F;.'ESE:RVE TOTAl... ALI.. FUNDS BANI< F::ECZ.::F:' ,': BAN K i'-IA HE BAl',tt( CHEC, K I i'-lG ACCOLJI'-I]- TO'f'AI.. AL_L. I~AI'-IKS C he c'l,.'. His'l-ory I) t SBLJRSEI*IENTS B4.~ 173.. 45 548 ,, 17,614.96 323 ,, 8 549.76 744 ,. :L 7 15,489.00 5 :, 000 ,, 70 1,55/4. :1.0 88? .. 59 289.7 ~:?.40 ,, 309 ,, ,%4 9.99 240.00 9:, 197..41 :L35 ,, 51 '1.87,8:?.4.05 :L :L9 .., 372 ,, 71 4,299 .. 5..,4].7.66 4 ;, 927. 169,152.52'.' 2,661 ..09 3,586.2':5 593,845,, 55 D I S B L JR S E H E I'--1T,~!; 593,845 ,, 55 593,845.55 BRC F-INANCIAL S.;YSTEFI 04/24/98 09: 3 Check History 4/27/98 COUNCIL_ CITY OF COLLJMBIA FIF_IGFITE; GL_540R-V05.20 IZ'AGI.=.~ 2 BAI`IK VEl'IDOl:;: CHECK NtJMBER AMOUNT BANK CHE:CKIt`IC;J ACCOLJI`IT ZAHL. E".QU I F'HE:NT AIR TOUCH CELLULAR BIEI...Lf':'K:JY BAR E~UF'PL_Y BIFJI..L. BOY CORF'OF4ATION BSt`I SPORTS CAI:~I_BOM/EM ZLY DIEMARS SIGNS GRAI='E BEGINNINGS INC JIESTE:R/E;COTT JOHNSON F'AF'EI~ & SUF'F'LY C L..IEA(BUE: OF' MINNESOTA CITI MN DEF'T OF LABOR & INDUS MI`I F'OL.L. UTIOI'q CONTROL. AGE: N S F:' OS'T'BY/E; :[ L..V I A F'AtJSTIS & SONS F'E:T-f'Y CASH - KARE:N MOEL. L.. F:'INNACLE DZ (;~UAL. I'T'Y WZIqE: & SPIRITS STIEICHIENS SAL_IES ZNC S'T'UF.:DE~:VANT/JOSEF'H S VOSS L..ZGHTZNG WINE: COMF:'ANY/TFIEE WORL. D CLASS WINE WF~E;SE;E:L.L_/GL..OF~ I A WW GI~AINGE~I~ AI`I b E:RS 0 N/I... I NDA AT & T BAF~TON SAND & GRAVE:L_ BIZLLBOY BAR SUF'F'LY BIEI...I...BCJY CORPORATION BROWN/JEANNE DIEI...E:GARD TOOL. CO. EI`I(3(~U Z ST/S~NDR~ GIEIqU :[ NE: PARTS/N~F'~ ~UTO GRAF'E BEGZNNINGS JOHNSON F'AF'ER & SUPPLY C 1...~N(3E/D~VE & K~THY I'I~C K/COL. LEEN HED:[C]:NE b~KIE TOURS MIENARDS C~SH~AY LUMBER--F H ZI`II`IEG~SCO MIq DE:F'T OF: REVEENLJEE IdRF:'A I`i E; F' l,lOM~ K/DEBORAH F'AI:~TS PL. US 71328 175.94 7:[330 9.27 7133:1. 306.94 72332 6,146.20 71333 2,822.94 71334 5.00 71335 251.12 71336 ;!40.00 7-1.337 217.00 71338 212.77 71339 250.00 7.1. 340 5.00 71::14 :L 240. O0 71342 8,507 .. 97 71343 :1.00. O0 72344 244.80 71345 76.74 71346 21 ,, 00 71347 3,243.77 71348 12,623.56 71349 '-1.2.72 72350 37 .. 66 71352 63.00 71352 72..00 71353 30.00 71354 49.99 7_1.356 25..00 71357 47 .. 82 71358 301.51 71359 232.97 7_1.360 4,6_1.9.59 7236.1. 50.00 71362 26.64 71363 5. O0 71364 156.40 71365 190.00 71366 260.01 71367 118. O0 7_1.368 25. O0 71369 2,680.00 71370 65.74 71371 15:L .3:1. 71372 9,081.00 71:~73 460.00 71374 9,947.42 71375 46. :k4 715;76 24.48 BI'"(C FINANCYAL_ .~3Y.~3TEM 04/Z4/98 09: B ChecR. History 4/27/98 C;OUI'-ICIL. CITY 01'-' COLUMBIA HI.T. IGHTS GL..540R--V05.20 PAGE.' 2 BAN K VENi)OF;.' CHECK NUMBER AI*IOUNT BAN K CHIZCI< ]]I,IC-} A[;COUI'-I'I" F:'I:i:F:'S ]:--COl._A-7 LJF:' F'IE TIEl:b~-} Ol'-I / I_ I~ A Nl-I F'ETTY CASH - L..IEOhIAF~D OLS F:' I l,ll'.IACl..l?_' I) I STR QLJAL.:[T¥' WINE: & ,c;PIRITS STAR TI-~ I BUHE ,cFf'AUI.)L.IS/JOHN STIF'ICHENS SAI._I~-:,~3 IN[3 'l"lii:Ah'l SPORT I I',IG GOOD,; II',IC TLJt...L.. 'I"LJF:.IF' ,t-"~I. JF:'PL..Y ]:NC) ,'LJ S t,'Jl~...3"l" COMI"II. jt"-IICATIOI'-tS ~OF-'.L.!) E:L. ASS t.'JINE] Al,lO KA COI, JI',ITY SC][:; I AL_ ,C-.;EERV AI',tOKA COUNTY TRiEASLSRI.EI~ I)CA I I'-tC, ]0 l!E I'.l T .T. C A R lie I:'IRST C.'OMMLB-t]~TY CRE~DIT U GI::~Ii~A]- WES]" I...II'-:'l.:' & ANNUIT I CMA REZ'! I:~EZIE]',IT TRUC,.;T 45 {[ SAHT ]] COUNTY FAI~'I I I_Y SD'_'F~ M I NNE,~i;OTA MUTUAL. L...T. F-"iE~ Ml',l STAT1E I~ET¥IREME]'-IT SYS]" IqORl),lE[S'/" ~':.~AI--IK -- PAYROLL_ A I:lliEF:,'A I-"'E]:~A - !)['i]::"(l~IF.i~l) CONTR I BLY¥ F:'I!ERA F:'CIL.. I Cl!i~ REL I EF I-"-'F(U~OE']NTIAI_ LII"T-Z INSIJRAI'-tC RAMSDIZL..L. ?.-;CHOLARSH't~P FUN STATE CAI:'ITOL. CI'~t.TDIT UNI Ul'-I I Ol',l 49 UNITED WAY k: Al',lD{.! t ]'E COUNTY CCIURT H A & C SMAI..I_ El'-IGINli~ ACtZ HAF(~I4AI~L= AID E~L..ECTI-'~IC c~;I::'I~VICE II'-IC A IF:,' '1~OUCH CL:"'I_L. UL_AF:: AME:RICAI',I L..INEi]~I SUPPLY CE] AI'.fC:HO F:.' F'APE]~ BAI::-:NA GLJZY & d;"I"EF'FEEN LTD BAI. JE]:;: IEd. JII..T TIRL::". & BAT'TL:.' }Et lie A R C 0 M Bli:_'l~l'-IICl( ~l,ll} LIg,SOl,l ~.',OYE]":: "I'I::,'LK'.~:K t::'AR"f'S 71377 787.56 71578 50 ,, 00 · 71379 71380 96 ,, 00 71581 1,727.,74 71.382 59.86 71585 12.00 71~384 418. 71385 2,141.05 71386 26.95 71387 282.01 71388 2,600.74 71389 43.80 71391 680. :L 71392 65.00 71393 29,878 ,, 35 71394 2,247.58 71595 258.51 71396 I ~ 385,,00 71397 4, B44., 00 71398 8,233.7 71399 163.44 71400 1, t95..00 71401 I ,69:L ..00 71402 120,906.42 7140B 25,128 .. 69 71404 94.62 71405 t26 ,. 00 71406 852.28 71407 658 .. 60 71408 49.25 71409 700.00 71410 580.00 71411 96,.00 71412 150.00 71414 7.65 71415 14.22 71416 185.22 71417 197.25 71418 14..33 71419 41.65 71420 474.35 71421 4,969.12 71422 7,.27 71423 49.09 71424 250 ,, 00 7142:5 ]BF,'C I=INANCIAL SYSTEM 04/2.:4/98 09: 3 Chec:k Hi?;tory 4/27/98 COUNCIL. CITY OF COLUM)BIA I-ItEIGI--ITS C;L540R-V05.20 PAGE: 3 BAN K VE'NI)OR CHECK NUMBER AMOUN"f' BAI,IK CI'-llECKII,IG ACCOLJIqT BRAUN INTE:RTIFC COF,'F' BRW IIqC CE:Iq'TRAL. L. CK:::K & SAFE: CHIEIFF' S KA'I"E C;l"1:1.' SAE;O L.A KE:S D 3: S-t"R 3: BLJT l COl..tJIq).~ I A I-'1G t~ S-F'I'"41DI..I-Z Y COIdI::'ORT BU!; COMI::'ANY COMF:' USA INC COI'-tTI hlE:NTAL. E;AFE:TY E:QUIF:' CUMM:I:NS NORTH CIENTF4AI_ DAL.C;C) E:FI"f'IEI:;~F'F;,' ]: SE:E; I IqC D :1: A M O FI DO V 0 6 Ii.:. I.. F'A 11'4'T S E:A(:';I...E: W:I: NE: COMF'ANY F'lii:H S T/W Al.. ¥1ii:R F'I...IEX COMI::'E:NSATION ,., GAUI...'T/B :I:LI_ G :1: I...I...UND E:t'ITtEF.'F:'R.'I: E~E:S GOOD MD/ DR GAF(Y GOF'H[i:F.' S'i"ATE: ONE>"CAL. L. I Iq Gl:;,: I GGS'-COOF'IEF/ 8: CO HAPF'E]... DBA PL..ANSIGHT/JE:I:~: I"IE:AI...TH SIERVICIE'S OF' N AMfF I~IOHEiiNSTE::I:NS Ihl£; HOSI::'ITAI_I'f'Y SI. JF'F'I._Y CC)MF:'A HOWE: 6..;O. :I:LI...IIqO.'I:S r"AI;d'lt:ZI;,',% .'[NSI. JIRAI,.I ]: F:'C: I::'F,' I I-,IT I tq£..'i JOHNSOIq :E41;,'OS,. LIQUOR CO. JI;,' K, I Nil:: liUIETI"II.:.:t;,' DIST, CO. I...IEAi3UE: OF' MIIqN[:'SOTA CITt I...IEIEI::' BI"(OS. M ,. A ASi.':;OC]:ATES If'lC MAC QUEIFN EZQUIF'MEIqT CO. MADI)EN & ASSOC]:ATE:S/FRAN MART I Iq-MCALL. I MASON/V ]: CTOR MIFD-I-OX t_A:BORA'i'OI'~ZES:, INC MIEIqAR¥)S CASHWAY L_UMBER-F M IDt,,IAY FORD I'1:1: NNI:!:SOTA I::ABF.: I CE; MII'4NIESO'I'A F'L_AYGROI. JND INC M:t:I"tFIE:SO'TA SUN F'UBLZ CAT t O MT :1: D I STF',I.T. BIJT I NG OI::'F':I: Ct.i: :OIEF:'OT O F' F-- I CIE T I!E A M PAGENE:"[' OF' MN 71426 1,6:[7.25 71427 :5,846 ,, 83 7'1.428 60.00 71429 91.00 71430 4,866.85 71431 169 ,, 20 71432 125.00 71433 283 ,, 24 7:1.434 56,,65 7:1.435 19 ,, 22 7142';6 181 ,, 05 71437 I , 492.. 55 71.438 2,084 ;. 8:1. 72439 85,,45 7:1.440 -1.75.00 72441 22.20 7:1.442 59 ,, 5.1. 71443 140 .. 00 7:1.444 99.75 71445 29,138,,27 7.'t. 446 4,208., 49 7:1.447 258 ,, 64 71448 6,373.15 7.1.449 42.33 7:1.450 965.4.1. 7145.1. 309 ,, 54 7:1.452 79.86 72453 11,884 ,, 43 71454 255,,60 72455 31,713,,27 71456 45.00 71457 265.37 71458 99,92 72459 264 ,, 18 71460 418.00 71461 734.00 71462 6:1. 5. O0 7.1.463 124 ,, 00 71464 148.3.1. 72465 159,24 71466 88.84 72467 397 ,, 90 71468 465 ,, 20 71469 "'~ ¢~"* 72470 332.87 7147:1. 2,295 ,, 25 71472 58.70 BRC I':II~IAI~ICIAI.~ SYSTEM 04/24/98 09: 3 Check History 4/27/98 COUI,ICIL BAN K VENDOR BANI< [21"11~:[.'.' K I N[]'] ACCOIJI'-I'T' PAM 011._ INC I::'ATTOIq IND. F'RODUCTS I"':'H]:L.L.]]PS WINE & SPIRTC,; F:'IOI'.IEFR ENGII"IEFRIN[3 F'A F'I...AY."~ IN£] PUBLI,C;HFRS I::'R I 0I~ WINE F'I:;.'OEX F'HOTO SYSTEM RE[3IOI'.IAI._ MUTUAl._ AID AS.90 RL.K --- KUU{".'~I.C.;TO LTD RUSH CITY BAKERY SAL. VERDA & ASSOCIATE:S/DO ,~CF~AF:' BU.~3TER,'"~ Il-lC ,<i;IGN L. AN[BUAE';E & GOLDEN A ,t~OI'-"TWARE T A I L. 01-';,'.{'3 .'~; R 0 G A ' ,g A U T 0 M 0 T I V Iii: S E R V I · ~3U]'"~UI'~BAN L. AWN []i;N'i"I.::_'F,.' INC SYSTEMS '."'.-;UPF'L..Y INC. 'i"AUTGI!~,~3, l~li-"Dl-':'~-A]"l--I, & CO ,, , TOWI',I & C[]LIN"I"RY OFF'ICE CL '1"WIN C]:TY F'HOTOCOF:'Y LJI',II FORMS UNL. I M t TED I NC VOSS L.I[.']HT I NG W ! LBER--.EL.I... I S CO WOODLAKE SANITARY SFRVIC WURTH USA WW GRAINGFI:~ WYBRITE It'-lC CITY OF" COL. UMBIA HIEI[3HTS GL. 540R-V05.20 PAGE 4 CHECK NUMBER AMOUNT 71473 122.35 71474 34.92 71475 11,931.34 71476 640.00 71477 33.40 71478 1,114,, 38 71479 8.65 71480 10.00 71481 917.27 71482 75.60 71483 2 :~ 167.43 71484 120 ,, 00 71485 22.37 71486 725 ,, 00 71487 294.35 71488 128 ,, 73 71489 244.95 71490 ::~, 586 .. 25 7'1.491 ~, 040.58 71492 53.52 71493 170.40 71494 55 ,, 11 71495 1 .'1.6.62 71496 187,698.33 71497 194 .. 45 71498 20.54 71499 7,484.83 593,845.55 TO CITY COUNCIL APRIl. 27, 1998 1998 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LOCATED AT FEES BUILDING OFFICIAL *Affordable Stucco Co. B & L of Aitkin, Inc. *E.R. Berwald Roofing Co.*Contract Caulking*Coty Construction*Coy's Masonry*Gladstone Construction, Inc.*Midwest Asphalt Corporation*Modern Fence*K. M. Nelson Stucco, Inc.*Northwest Asphalt, Inc.*Penn Contracting, inc.*Rak Construction*R.G. Roach Stucco, Inc.*Stillwater Concrete*Sun Mechanical, Inc.*U. S. West Wireless*Vera Construction*D. F. Vizecky Co, Inc.*Ward Heating & Air*Western Steel Erection*Don Zappa & Son Excavating 358 Maple St. N.E. Route 4, Box 182 2440 N. Charles St. 10843 Fillmore St. N.E. 1001 - 6t" St. S.. 3819 Tyler St. N.E. 1315 Frost Ave. P.O. Box 5477 5566 Peterson Rd. 18663 Simonet Drive 1451 Stagecoach Rd. 13025 Central Ave. N.E. 17100 Hwy. 65, S. 2 4550 Humboldt Ave. N. 110 S. Main St., #2 14329 Northdale Blvd. 426 N. Fairview Ave. 2616 Victory Mem. Drive 323 W. 48t" St. 2830- 235t" Ave. N.W. 2345 Daniels St. 1801 Radisson Rd. ~ 40.00 ~ 40.00 8 40.00 ~ 40.00 8 40.00 ~ 40.00 8 40.00 8 40.00 · ~ 40.00 8 40.00 ~ 40.00 8 40.00 8 40.00 ~ 40.00 840.00 840.00 840.00 8 40.00 8 40.00 ~ 40.00 8 40.00 ~ 40.00 TREE SERVICES PUBLIC WORKS DIRECTOR *C. T. Tree Service 312- l't Avenue S.W. 50.00 license.ag CITY COUNCIL LETTER Meeting of: April 27, 1998 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: ,~ Community Development APPROVAL ITEM: Livable Communities Funding Application BY: Joe Hollman '~/Y7~ BY: NO: ~ ° ~ "t'l, DATE: April 21, 19'98 Issue Statement: The 1998 funding cycle for the Livable Communities Demonstration Account of the Metropolitan Communities Fund has been started by the Metropolitan Council. Columbia Heights has the opportunity to apply for funding. Background: The Livable Communities Act specifies that demonstration projects must do one or more of the following: Provide access to a variety of transportation systems including transit, bicycles, pedestrian, auto; · Link affordable housing with employment growth; · Intensify new and existing land use; · Provide mixed-income housing; · Encourage public infrastructure that connects urban and suburban communities, attracts private sector investment, or provides employment opportunities to residents. Staff recently attended a workshop on the application process. The following lists important dates for the funding cycle: · May 15 · July 15 · Sept.-Oct. · Nov. 12 Project Summaries Due; Applications Due; Advisory Committee review and evaluation; Metropolitan Council makes funding awards. At this point in time, staff has not identified a specific project that will be eligible for Livable Communities Demonstration Account funding. However, it is believed that the Minnesota Design Team visit will provide more information on potential projects. The hard costs for either project implementation or planning are eligible for funding, but it will not be known if funds will be used for implementation or planning until after the Design Team visit. Should the City Council wish to pursue funding, an application will be made based on the results of this visit. Staff will present the project summary to the City Council during the regular meeting on May 11. Attached, please find a copy of the Annual Regional Report for the Metropolitan Livable Communities Fund. Recommended Motion: Move to authorize staffto submit an application for the Livable Communities Demonstration Account fund for a project identified through the Minnesota Design Team visit. COUNCIL ACTION: Repo Metropolitan Livable Communities Fund Report to the Minnesota State Legislature February 1998 ~2~Metropolita~n Counci_______~l Working for ~he Re~ion, Planning for the Future Metropolitan Council Members Roger Scherer -District 1 Bill Schreiber - District 2 Mary Hill Smith - District 3 Julius C. Smith - District 4 Neil Peterson - District 5 Martha M. Head - District 6 Barbara Butts Williams - District 7 Carol A. Kummer - District 8 Curtis Johnson, Chair James J. (Jim) Wychor - District 9 Richard Packer- District 10 Esther Newcome - District 11 Charles Arnason - District 12 Diane Z. (DeDe) Wolfson - District 13 Stephen B. Wellington, Jr. - District 14 Kevin Howe - District 15 Terrence F. Flower - District 16 The mission of the Metropolitan Council is to provide leadership'in the effective planning of regional growth and redevelopment, and in the delivery of quality regional services. The Metropolitan Council coordinates regional pla~ui~g and guides development in the seven- county area through joint action with the public and private sectors. The Council also operates regional services, including wastewater collection and treatment, transit and the Metro HRA - an affordable-housing service that provides assistance to low-income famihes in the region. Created by the legislature in 19.67, the Council establishes policies for airports, regional parks, highways and transit, sewers, air and water quality, land use and affordable housing, and provides planning and technical assistance to communities in the Twin Cities region. The graphic preparation and printing of this publication cost $150.00 for a total of 100 copies. Publication no. 70-98-013 CONTENTS Background and Provisions of the Law ............................................................................................ 1 Amount of Money in the Fund and Amount Distributed .................................................................. 1 Distribution and Purposes of Funds .................................................................................................. 2 Tax Base P. evitalization Account ......................................................................................................... 2 Livable Communities Demonstration Account ..................................................................................... 3 Local Housing Incentives Account ...................................................................................................... 8 Effectiveness of Funded Projects in Meeting the Policies and Goals of the Council ........................................................................................................................ $ Progress on S~rategies for the Region's Core ............................................................................................... 9 Implementing Urban Azea Strategies ......................................................................................................... 10 Progress on Other Regional Goals ............................................................................................................. 12 Interagency Cooperation and Community Participation in Implementing the Fund .......................................................................................................... 13 Monitoring of the Fund ............................................................................................................................ 14 Attachment A. Funding Report ...................................................................................................... 15 Background and Provisions of the Law This is the second annual report to the Minnesota Legislature on the Metropolitan Livable Communities Fund, established by the 1995 Livable Communities Act (Minnesota Statutes, Sections 473.25 through 473.254). The report details activities of the Metropolitan Council's administration of the fund in 1997, and a surmuary to date of fund activities covering 1996 and 1997. The fund has three accounts: · The Tax Base Revitalization Account (TBRA) helps cities pay for cleanup of polluted land and make it available for commercial and industrial redevelopment. · The Livable Communities Demonstration Account (I, CDA) funds projects that demonstrate how development can be designed to use land and services more efficiently and promote community. Projects seek to do so through more compact, higher-density, transit-and pedestrian-oriented development with a mix of residential and commercial buildings and a range of housing types and costs. · The Local Housing Incentives Account (Ll:lrI,~) helps expand life-cycle and affordable housing in the region. To receive funds from any of the accounts, cities must voluntarily agree to participate in the Housing Incentives Program established by the Act and work toward affordable housing goals developed in cooperation with the Council. In 1997, 97 metropolitan area cities participated and were eligible to receive funds. The legislation requires the Council to prepare and submit an annual report to the Legislature on the fund, including "the amount of money in the fund, the amount distributed, to whom the funds were distributed and for what purposes, and an evaluation of the effectiveness of the projects in meeting the policies and goals of the Council. The report may make recommendations to the legislature on changes to this act." This report contains the information required by the legislation. In addition, information is included on interagency cooperation and community participation in administering the fund. Amount of Money In the Fund and Amount Distributed The amount of money available in the Livable Communities Fund in 1997 from tax levies was $11.6 million--S7 million in the TBRA account, $4.1 million in the LCDA account, and $500,000 in the LHIA Account. Additional monies were available as follows: $1 million in the TBRA account from accrued interest and 1996 funded projects completed under budget or projected to be completed under budget, nearly $283,000 carryover from 1996 and interest in the LCDA account, and $150,000 carryover from 1996 and interest in the LHIA account. The Metropolitan Council awarded $12,610,441 in grants during 1997 as follows: · Tax Base Revitalization Account: Eleven grants totaling $8,005,091 to help clean up more than 100 acres of polluted land in eight communities. · Livable Communities Demonstration Account: Ten grants totaling $3,980,350 for economic and community development projects in nine communities. · Local Housing Incentives Account: Three grants totaling $625,000 to help construct affordable housing in three communities. The uncommitted balance in the fund (total sources minus total awarded) was $292,950 as of December 31, 1997. A detailed funding report, is contained in Attachment A. Distribution and Purposes of Funds This section briefly describes each project for which funds were awarded, to whom the funds were awarded and for what purposes, and the grant amount. Tax Base Revitalization Account Round One Grants, Awarded June 1997 Dealers Manufacturing Site, Fridley (5130 Main St. N.E.). Clean solvent contamination to the soil and groundwater stemming from a leaking former sanitary sewer system sump used to recover spent caustics and acids in a track engine remanufacturing plant on the 5.25 acre site. Redevelopment will be in the form of investment in equipment to expand the existing remanufacturing operation and increase employment. Grant award: $443,990 Empire Builder Industrial Park Site, St. Paul (Between Pennsylvania Ave. and Empire Dr. about a block west of Jackson St.). Clean contamination from previous uses as railroad shops and transfer turntable operations. Excavate and incinerate soil contaminated with creosote, PAH's, lead, other heavy metals and diesel range organics. Pump and treat VOC and heavy metal contaminated perched groundwater. Some materials may be stabilized on the 4.3 acre site. The site will be sold to a light industrial/manufacturer business. Grant award: $438,537 Garelick Steel Site, Minneapolis (Northeast comer of Washington and Plymouth Aves.). Clean lead soil contamination associated with a previous automotive battery salvage operation on the 1.25 acre site. A 7,000 square-foot steel storage facility will be built to stOre additional steel and provide sheltered work space for an operational expansion. Grant award: $238,148 Maxson Steel Site, St. Paul (West of Como Ave., south of Topping St., east of Dale St., and north of the Burlington-Northern Raikoad in St. Paul). About 16,000 cubic yards of soil from this 21-acre site need to be treated or disposed. The site was used more than 100 years by heavy industry including foundries, construction, waste oil recyclers, tank and dram recyclers, thermal treatment of contaminated soils, manufacturing, and solid waste transfer. Numerous areas of soil contamination have been identified including: VOC's, PCB's, PAH's and heavy metals. An industrial park is anticipated with 274,000 square feet of building space for offices and manufacturing on three industrial lots. Grant award: $1,792,805 Milwaukee Depot Phase H Site, Minneapolis (300 Washington Ave.). Clean petroleum contamination from groundwater under the site. The contamination leaked from railroad oil tanks and equipment operated over the past 100 years at this location. Redevelopment is expected to include a 100-unit hotel, parking and eventually additional commercial uses on this 2.6 acre site. Grant award: $334,098 Specialty Manufacturing Site, St. Paul (2356 University Ave. W.). Clean lead paint and asbestos from this vacant building on a 1.6 acre site. Restore the original structure which is on the National Historic Register. Design and lease 28,000 square feet of office space for small goods manufacturing and storage. Grant award: $493,000 Round Two Grants, Awarded December 1997 Sears Site, Minneapolis (Lake St. and Chicago Ave.). Clean hazardous waste and asbestos from the older building on the historic 17.64 acre Sears Roebuck and Co. site. Renovate the building with industrial, office, retail, government, education facilities and common space. A hotel, an entertainment complex and a transit hub would be built. Grant award: $2,666,332 Citgo/Plastics, Inc., St. Paul (Shepard Rd. and James Ave.). Clean petroleum, heavy metals and polynuelear aromatic hydrocarbons from the soils of this former petroleum tank farm. About half the cleaned site will be redeveloped by Plastics, Inc. with a new manufacturing facility. The other half will be marketed for an as yet undetermined development. Grant award: $966,859 Opus/Gateway, Roseville (Northwest comer of I35W and Highway 36). Clean petroleum contamination associated with previous use ofpm-t of the site by tracking operations and manage asbestos waste from dilapidated homes that were razed. The redevelopment will consist of new office/showroom/warehouse buildings. Grant award: $72,622 North Star Woolen Mill & Washburn-Crosby Mill Utility Building, Minneapolis (t 09 Portland Ave. S.). Clean asbestos insulation and roofing material and other hazardous wastes like mercury and PCB's in fluorescent lights from both buildings. Redevelop the properties with 36 condominiums in the North Star Mill buildhag and 28 in the utility building. Grant award: $421,200 Creamettes Building Site, Minneapolis (428 N. First St.) Manage the asbestos and hazardous waste other than lead paint in the building on the 2.1 acre site. Redevelop with 28 apartments in the historic structure and construct 72 mixed-income apartments where a 1950's addition will be demolished. Grant award: $137,500 Livable Communities Demonstration Account Grants Awarded December 1997 Valley Square Area B Mixed-use Redevelopment, Golden Valley (North of Highway 55 one block, west of and bordering Winnetka Avenue).Redevelopment of a 29-acre area to include attached housing at 20 units per acre, 42,600 sq. ft. of commercial retail, 22,600 sq. ft. of office space; public uses/spaces; shared structured parking. Key Features: · New housing will include 32 townhouses, 13 live-work units, 15 apartments; with sales prices of $90,000 - $200,000 and rents from $750 - $1500. Up to 10 public housing units (provided under the Hollman vs. Cisneros settlement with the city of Minneapolis) will be included. · The city will work with Metro Transit to reroute bus service to better serve area residents, employees and shoppers. Pedestrian connections will link land uses within the area.and to the rest of Valley Square. Access to adjacent Bassett Creek will be improved by creating a hiking/biking trail and linear park linked to the Hennepin County trail. Demonstration Account funding will assist in developing shared structured parking, pedestrian connections; ponding/water retention as a public amenity; live-work townhouse development; zoning code review to allow innovative housing; building code analysis and design guidelines; and a live-work market study. Grant Award: $510,000 1-35W Corridor Coalition (cities of Arden Hills, Blaine, Circle Pines, Mounds View, New Brighton, Roseville, Shoreview). A multi-jurisdictional effort via joint powers agreement to plan the furore of the participating communities through land use, transportation and transit planning; and, longer-range, other economic and community development issues. Key Features: · Phase I will establish the areawide planning and urban design framework guidelines, such as nodes and corridors that would form the corridor's physical framework, and implementation principles. · Phase I will also assess short-range land use and transportation needs so that participating communities can make development and redevelopment decisions; and recommend ways cities can link their comprehensive plans to the subregional framework and vice-versa. · The study will develop three or more conceptual redevelopment scenarios to explore a range of design and planning, finance, policy and implementation alternatives. · Phase II will address specific design and development details, topic studies and/or subregional area plans. Demonstration Account Funding will fund an estimated 75 percent of Phase I and Phase II costs. Grant Award: $131,250 Phillips Park Initiative, Minneapolis (Four blocks in South Minneapolis bounded by Portland Avenue on the west, Chicago Avenue on the east, 24th Street to the north and 25th Street to the south). Phased redevelopment following new design guidelines will include rehabilitation and improvement of existing properties as owner-occupied and rental housing, including three mansions and carriage houses; development of new rental and ownership housing; refurbishing and enhancement of Park Avenue open space; a central village green with new walk'ways connecting to streets. Key Features: · A total of 42 owner-occupied housing units will be created, with sales prices from $95,000 to $125,000. These include eight units in three renovated mansions, andl6 two-to three bedroom residences in eight side-by-side two-family structures, nine 2- or 3-bedroom townhouses and nine single-family houses. · Rental housing will include six 1-bedroom rental apartments in carriage houses, and an additional 14 units affordable at incomes of 50 to 80 percent ($28,650 to $45,840) of median income. · Grant programs will.encourage existing residents to make improvements to their homes. · Lutheran Social Service plans major renovation/modification of the Lutheran Social Service Center on Park Avenue. 4 Demonstration Account Funding will assist in funding site and public realm improvements (removal of driveways to add yard space, enhanced landscaping, signage, lighting, fencing); renovating two mansions; and will capitalize a grant fund for existing homeowners. Grant Award: $700,000 Augustana Village, Minneapolis (Near downtown Minneapolis, bounded by South 8th Street on the north, 12th Avenue South on the east, East 15th Street on the south and 1 lth Avenue South on the west). Redevelopment of a block of the Elliot Park neighborhood, adjacent to Elliot Park, into a small "urban village." The block will contain 150 to 170 units of housing, 200 underground parking spaces, 10,000 to 15,000 square feet of storefront commercial space and approximately 8,000 sq. ft. of office space. A pedestrian greenway will cross the site, and connect to Elliot Park. Key Features: · The housing component of the project will include up to 80 one-bedroom 76 two-bedroom, and 18 three-bedroom units. Twenty percent will be affordable to households below 60 percent ($34,380) of the area median, and 20 percent will serve households below 80 percent ($45,840) of median income. · Possible commercial uses include a small pharmacy, restaurant, mini-market, day care center, dry cleaners, office space. · Augustana Village will be integrated with Elliot Twins, an adjacent 164-unit Minneapolis Public Housing Authority apartment complex, by the creation of a pedestrian greenway and the vacation of 12th Avenue. Demonstration Account funding wilt help fund a pedestrian greenway connecting new and existing housing with Elliot Park; a boulevard along South 8th Street; raised intersection to facilitate pedestrian traffic; lighting, landscaping. Grant Award: $550,000 Richfield Rediscovered Apartment Remodeling Program (Resources will be made available city- wide). The program will facilitate investment in apartment communities built primarily from 1960 to 1970 to make them more livable. It will provide financial incentives through property tax delays and deferred loans, and provide technical assistance in design, remodeling, and financing. Key Features: · The program will encourage exterior improvements to windows, roofs, gutters, entrances, lighting and signage, landscaping and parking. Interior improvements can include cabinetry, appliances, flooring, air-conditioning, boiler replacements, wall insulation and improved security systems. · Delays in property tax increases will be available for value-added improvements made to rental housing. · The program will promote commuity and livbility through, for example, enhancing relationships of groups of buildings, improving pedestrian and traffic circulation, and access to transit. Demonstration Account funding will provide funding to assist with implementing physical improvements at two case study locations, and incentive deferred loans and marketing. Grant Award: $575,000 Brewery Neighborhood, St. Paul (1.5 miles south of downtown St. Paul, adjacent to West 7th/Fort Road, bordered by Landmark Brewery and Independent School District 625's administrative offices). Rehabilitation and construction in a three-block area will include new housing, rehabilitated housing, an improved transit stop and bike path, commercial improvements and public space improvements. The realigned Shepard Road will improve the neighborhood's connections to the river valley. Key Features · New housing will consist of twenty-two new townhouse units priced at $120,000 to $150,000 with new rental units planned for a potential later development phase. · Thirty homes formerly used by Familystyle Homes to provide housing to people with mental illnesses will be rehabilitated and re-sold to new home owners. The rehabilitated houses, restored to typical interiors, will range from 850 to 2100 square feet and will sell for $65,000 to $100,000. · An improved transit stop will be developed at West 7th and Jefferson Streets. The planned Riverview Transit Corridor will include a transit hub at nearby Randolph Avenue. Demonstration Account funding will assist with funding the gateway/public transit node on West 7th Street, an alley grid system as part of the townhouse development, townhouse building cost, public open space on the bluff, and rental studies for Phase II. Grant Award: $750,000 Brickyard Redevelopment, Chaska (North edge of downtown Chaska, bounded by Highway 41 on the west, Highway 212 on the south, the Brickyard Shopping Center to the east, and Clayhole Lake to the north). Phased development that will include new residences-market-rate and subsidized apartments and townhouses--and retail space, to complement the adjacent downtown and create a pedestrian environment. Included will be sidewalks and pedestrian spaces, increasing street parking, landscaping, bicycle racks, benches, lighting, and a new bus shelter. Key Features: · New housing in Phase I (to begin April 1998) includes a 64-unit apmlment building with 8,000 square feet of retail space on the first level and parking underground. One-, two- and three-bedroom units are planned with rental rates expected to be $550 (1BR), $635 (2BR), and $890 (3BR). · Rental rates for 30 townhomes (Phase I) are anticipated to be $670-$680. Five public housing units provided under the Hollman vs. Cisneros settlement with the city of Minneapolis will be included. · Later phases include development of an 18,000 SF building with commercial and residential uses, and remodeling of existing businesses to complement the new development. · Southwest Metro Transit has agreed to work with the City on the design and construction of a bus shelter to be located along the existing Walnut Street corridor, allowing new circulator buses to stop at a safe spot. Demonstration Account funding will assist in funding streetscaping, landscaping, demolition and creation of a public feature suer as a plaza. Grant Award: $344,100 The Village, Lino Lakes (75-acre site in the southeast quadrant of I-35W and Hwy. 49 interchange. Rice Creek Chain of Lakes Regional Park is to the east). Development of a town center with emphasis on a mix of uses--civic, nature, commercial, housing, public plaza, parking, public service--and physical connections among uses. Key Features: · A medical clinic is now under construction on the site and a bank is slated for construction. Negotiations for the inclusion of a YMCA, a restaurant/inn abutting the public plaza, and a professional building including travel agency and insurance agency are in process for 1998-1999. · Proposed housing includes 94 rowhouses (sales prices $115,000-$150,000), 35 townhomes ($150,000-$300,000) 88 condominiums (sales prices $65,000-100,000, rents $600-$1,000) and 23 "hoffices" combining home and business space (rents $500-$700). · Public buildings to be located on 25 acres of land received in a land exchange with Anoka County include a Police Department/City Hall and early childhood education center. 6 · Development of the guiding principles established by the Town Center Focus Committee and the City Council will be incorporated into the City's comprehensive plan. Demonstration Account funding will refine the master plan (in the core mixed-use retail and housing area, approximately 70 percent of total development area), fund design of a development framework, and refine a program for "hoffice" development. Grant Award: $220,000 Town Center/Gravel Mining Area, Maple Grove (Town Center includes approximately 600 acres located 2,000 feet northeast of the 1-494, 1-694 and 1-94 interchange. It is a part of the 2,000 acre Gravel Mining Area or GMA). Town Center is to be a pedestrian-oriented village oriented around a plaza, containing approximately 1,500 residential units, 400,000 square feet of commercial development, over 150,000 square feet of offices in an integrated mixed-use land use pattern, and a 30-acre community park. The larger GMA has the potential for a significantly greater number of jobs and housing. Key Features: · An existing conditions inventory, market study and community design charrette will produce a development plan defining the location and boundaries of the Town Center, opportunities for affordable housing, and a design framework with traditional neighborhood design elements. The charrette will involve local civic leaders; landowners, developers; lenders, and government, private, for-profit and non-profit parmers. · The plan will orient buildings to the street with on-street parking. · 900 units of residential development at 30 units/acre could be located adjacent to the Town Center and at the periphery of other residential areas. Medium density housing (10 units/acre) will be located adjacent to and radiate from the Town Center, extending the pedestrian realm beyond the Town Center proper. Demonstration Account funding will assist with costs of a design charrette, development plan and design standards, and market study for the Town Center and Gravel Mining Area. Grant Award: $150,000 Welcome Neighborhood, Crystal ( Two blocks bounded by Adair Avenue North, 44th Avenue North, Xenia Avenue North and 43rd Avenue North in Crystal).Redevelopment of substantial portions of two blocks to upgrade the housing stock with the intent to stabilize an at-risk neighborhood while retaining the character of Crystal. The city may in the future improve a small nearby business district by redesigning the streetscape, remodeling structures, and acquisition of obsolete commercial structures for commercial redevelopment. Key Features: · Increase housing density by subdividing lots or new housing designs. Plans will include single family detached, attached townhouses, accessory apartments, courtyard houses, and possibly handicapped- accessible housing. One or more rehabilitated rental apartments at Section 8 rent levels may be provided. · Plans could also include the re-platting of two lots into three, placing two houses on one lot, shared driveway and walkway, street and boulevard improvements and sidewalk network. Neighborhood work groups will help determine the options. · New construction will likely sell for between $90,000 and $120,000 (existing housing currently sells for $60,000 to $90,000). Demonstration Account Funding will pay for neighborhood planning workshops, development of plans for residential infill, plans for commercial improvements, and rehabilitation program development. Grant Award: $50,000 Local Housing Incentives Account Multifamily Round One Grants, Awarded June 1997 Note: Funding programs require housing to be affordable at varying income levels, for example 50 percent of median family income in the region. In the descriptions below, the percents identified are equivalent to the following 1997 income levels for a family of four: 30percent of median, $17,190; 50 percent of median, $28,650; 60percent of median, $34,380; 80percent of median, $45,840. Median 1997 regional income was $57,300. Edenvale, Eden Prairie. Construction of a 32-unit rental family townhome development. The development consist of 8 four-unit buildings, containing two-, three- and four-bedroom units. Included are five units provided under the Hollman vs. Cisneros settlement with the City of Mirmeapolis. All of the units are affordable to residents at or below 50 percent of median income. Rents will range from $431 to $831. Total anticipated development cost is approximately $4 million. Grant award: $300,000. Shenandoah Woods, Plymouth. Construction of 64 rental apartments in a three-story elevator building containing 12 one-, 36 two-, and 16 three-bedroom units. Twenty-four units will be affordable to households at or below 50 percent of median income. The remaining 30 units will be affordable to households at 60 percent of median income. Included are five units provided under the Hollman vs. Cisneros settlement with the City of Minneapolis. Rents will range from $458 to $914. Total anticipated development cost is approximately $5.6 million. Grant award: $225,000. Multifamily Round Two Grants, Awarded November 1997. Lakeville Family Townhomes, Lakeville. Acquire vacant land and construct a 30-unit family towuhouse development containing 15 two- and 15 three-bedroom units in eight buildings clustered around a central greenway, with designated play areas for children. All of the units are affordable to residents at 40 percent of median income. Rents will range from $495 to $560. Total anticipated development cost is approximately $3.5 million. Grant award: $100,000. Effectiveness of Funded Projects in Meeting the Policies and Goals of the Council Projects awarded grants through the Livable Communities Fund promote and support the Council's Regional Blueprint and regional growth strategy in a variety of ways. The Metro 2040 Plan, adopted by the Metropolitan Council in December 1996, outlines a regional strategy for shaping the region's future. The strategy is part of the Council's Regional Blueprint, which establishes a broad, long-term planning direction and action steps needed to make progress toward reaching the long-term goals. 8 locations. In doing so, needed jobs are provided for local residents, and in some cases, other community development projects or housing that benefit neighborhoods. For example, the site formerly occupied by Sears on Lake St. in South Minneapolis is planned to be redeveloped with industrial, office, retail, government, education facilities and common space. Another site in Minneapolis will include 28 apartments in an historic structure and 72 mixed-income apartments in a new building. Projects funded through the TBRA restore commercial and industrial properties that are situated in close proximity to affordable housing, providing conveniently-located job opportunities for people who do not OWLq. a Car. Three of ten LCDA demonstration projects funded in 1997 (six of 18 in 1996-1997) are located in the urban core: Phillips Park Initiative and Augustana Village in Minneapolis, and Brewery Neighborhood in St. Paul. Each of these projects is a revitalization effort at a scale that can make a significant improvement in in its neighborhood as a place to live and invest. Phillips Park Initiative will help improve a neighborhood adjacent to major regional employers--Honeywell, Allina/Abbot Northwestern Hospital complex--and will aid in their retention in the area. Augustana Village, like Phillips Park, will provide a mix of housing types and costs and help revitalize the area, located adjacent to Elliot Park. The Brewery Neighborhood development will include rehabilitated single-family houses, new townhouses, an improved transit stop and recreational features. These three developments also have locational advantages that make them livable places convenient to jobs. Augustana Village and Brewery Neighborhood are located in close proximity to the downtowns in their respective cities, with excellent transportation connections to jobs in the downtowns. Residents of Augustana Village could easily live in that location without a car, if they chose to do so, as the area is served by a number of different regular transit routes with frequent service. The Brewery area has the locational advantage of proximity to the planned Riverview Transitway, as well as excellent regular transit service. The Brewery Neighborhood location takes advantage of proximity to the Mississippi River, and improvements in the area such as the realigned Shepard Road will result in better connections to recreational opportunities near the river. Jobs skills and employment training is a feature of two LCDA projects in Minneapolis funded in 1996. Implementing Urban Area Strategies This built-up area has central sewer and water service. Its outer edge is today's urban service boundary, called the Metropolitan Urban Service Area (MUSA) line. Primary strategies for this area include: * Increase overall housing density, especially along transit corridors. · Encourage job concentrations along corridors inside the Highway 1-494/1-694 beltway. Corridors would connect to the urban core. · Use transit and other incentives to encourage higher-density housing and business concentrations in transportation corridors. · Expand housing opportunities. Located within this area are older communities with redevelopment needs and newer developing commtmities. 10 The Metro 2040 Plan calls for developing the seven-county Twin Cities Region in a more compact fashion to accommodate 330,000 households and 650,000 people by the year 2020. It includes an urban reserve for additional growth if needed, and preserves key agricultural areas. Two-thirds of the growth is planned for inside the current urban boundary area. This goal is significant because it runs counter to recent trends. Most growth has been occun~g at the urbanizing edge and at relatively low densities. For the plan to work, development must now fill in vacant land and there must be extensive redevelopment inside the 2000 MUSA. New development will need to occur at higher densities overall than recent trends. The net effect over time will be a much more compact urban area. The plan also calls for concentrating job growth in the core of the region and along transit routes within the 1-494/1-694 interstate beltway. The plan designates two policy areas, the core and urban area, within the built-up area served by central sewer and water. Strategies for each policy area are included. Progress on Strategies for The Region's Core The core includes the downtowns of St. Paul and Minneapolis, their immediate neighborhoods and University Avenue connecting them. It has major employment concentrations, good access to highways and transit, and many neighborhoods needing physical and economic revitalization. Primary strategies for this area include: · Encourage investment to foster economic growth and new jobs; clean up and reinvest in polluted sites. * Encourge medium to higher-density housing * Use incentives to improve economic opportunities for residents, such as job skills and job readiness training. · Stabilize neighborhoods and improve their physical environment. Significant progress was made in 1997 in cleaning up polluted "brownfield" sites. Projects funded from the Tax Base Revitalization Account during the year will result in cleanup and reuse of 122 acres of land, the majority in the region's core, and 2,725 new jobs paying an average hourly wage of$11.90. Nine of 11 cleanup projects funded in 1997 (16 of 27 to date) are located in the core. For projects funded in 1996 and 1997, total acres cleaned and reused total 218, with 4,355 new jobs created paying an average hourly wage of $12. By increasing tax base in older parts of the region where polluted land is located, economic growth in these locations will be significantly boosted. A more than $4.2 million increase in annual net tax capacity will be realized from cleanup and redevelopment projects funded in 1997. More than $164 million in private investment is involved in these projects. To date in the TBRA program (projects funded in 1996 and 1997), the total increase in net tax capacity is $6.9 million, in projects representing $241 million in private investment. Examples of projects funded include locations for light industrial, manufacturing and office uses, showroom, storage and warehouse facilities. Additional uses of cleaned land include a hotel and entertainment complex, apartments and condominiums. These projects will assist in revitalizing the neighborhoods in which they are located, by providing locations for businesses that might otherwise move out of the core, or for new businesses to move to core locations. In doing so, needed jobs are provided for local residents, and in some cases, other community development projects or housing that benefit neighborhoods. For example, the site formerly occupied by Sears on Lake St. in South Minneapolis is planned to be redeveloped with industrial, office, retail, government, education facilities and common space. Another site in Minneapolis will include 28 apartments in an historic structure and 72 mixed-income apartments in a new building. Projects funded through the TBRA restore commercial and industrial properties that are situated in close proximity to affordable housing, providing conveniently-located job opportunities for people who do not OWI1 a car. Three often LCDA demonstration projects funded in 1997 (six of 18 in 1996-1997) are located in the urban core: Phillips Park Initiative and Augustana Village in Minneapolis, and Brewery Neighborhood in St. Paul. Each of these projects is a revitalization effort at a scale that can make a significant improvement in in its neighborhood as a place to live and invest. Phillips Park Initiative will help improve a neighborhood adjacent to major regional employers--I-Ioneywell, Allina/Abbot Northwestern Hospital complex--and will aid in their retention in the area. Augustana Village, like Phillips Park, will provide a mix of housing types and costs and help revitalize the area, located adjacent to Elliot Park. The Brewery Neighborhood development will include rehabilitated single-family houses, new townhouses, an improved transit stop and recreational features. These three developments also have locational advantages that make them livable places convenient to jobs. Augustana Village and Brewery Neighborhood are located in close proximity to the downtowns in their respective cities, with excellent transportation connections to jobs in the downtowns. Residents of Augustana Village could easily live in that location without a car, if they chose to do so, as the area is served by a number of different regular transit routes with frequent service. The Brewery area has the locational advantage of proximity to the planned Riverview Transitway, as well as excellent regular transit service. The Brewery Neighborhood location takes advantage of proximity to the Mississippi River, and improvements in the area such as the realigned Shepard Road will result in better connections to recreational opportunities near the river. Jobs skills and employment training is a feature of two LCDA projects in Minneapolis funded in 1996. Implementing Urban Area Strategies This built-up area has central sewer and water service. Its outer edge is today's urban service boundary, called the Metropolitan Urban Service Area (MUSA) line. Primary strategies for this area include: * Increase overall housing density, especially along transit corridors. · Encourage job concentrations along corridors inside the Highway 1-494/1-694 beltway. Corridors would connect to the urban core. · Use transit and other incentives to encourage higher-density housing and business concentrations in transportation corridors. · Expand housing opportunities. Located within this area are older communities with redevelopment needs and newer developing communities. 10 In developing communities of the region, both demonstration grants and housing grants were awarded. Two demonstration projects in Maple Grove and Lino Lakes will demonstrate new models for integrated compact suburban development that mix housing, commercial public and other land uses in a pedestrian environment. Lino Lakes will develop The Village, a town center on a 75-acre site adjacent to a regional park, to include a bank, YMCA, professional building, early childhood education center, 35 townhouses and 88 condominiums in a range of prices, and 23 "hoffices" combining home and business space. Maple Grove will produce a development plan for a Town Center with public plaza, a park and additional neighborhoods within the 2000-acre Gravel Mining Area. Plans include providing medium-density housing at about 10 units per acre, and 900 or more units ofreseidential development at up to 30 units per acre. The Gravel Mining Area represents a major opportunity to channel development near the 1-494-I- 694 beltway in a way that provides and supports strong jobs-housing-transportation links. The area has the potential to become a major regional concentration of employment, housing and services, at about the scale of the Southdale-Fairview area. Projects awarded grants from the LHIA account will result in new housing affordable to families earning 40 to 60 percent ($22,920 to $$34,380) of median income. These include 32 and 30 townhouses, respectively, in Eden Prairie and Lakeville; and 64 rental apartments in Plymouth, helping to expand the supply of affordable housing in needed locations. Progress on Other Regional Goals Another focus of the Regional Blueprint is preserving the natural environment and incorporating environmental features into the development and redevelopment of the region. Environmental features can be capitalized on to serve as community assets, as demonstrated by two LCDA fimded projects. In Golden Valley's Valley Square project, access to adjacent Bassett Creek will be improved by creating a hiking and biking trail and linear park along its length, linking to the Hermepin County trail. These facilities, near new housing and mixed-use development, wilt create value for the area by building on the amenity of the creek. Bluepr/nt policy also supports land use planning that creates community identity and fosters a civic infrastructure. It supports urban design that helps make neighborhoods safer, creates amen/ties and improves livability. Development can enhance or impede a sense of community. Many of the projects assisted through LCDA grants illustrate how a mix of uses with attention to land use design can provide the framework for settings which have a "sense of place." Whether located in a suburban activity center (Golden Valley), a core neighborhood (Augustana Village in Minneapolis) or in developing suburban cities (Lino Lakes and Maple Grove), they serve as destinations for a number of daily activities, such as workplaces, errands, shopping and entertainment, and some include city hails, a library or YMCA. They can be places where people live, work and shop. They foster personal safety because of activity during many hours of the day. And they include parks and public spaces for informal gathering with other community residents or for public activities and celebrations. 12 Five LCDA demonstrations were funded in older parts of the region, focusing on redevelopment. Funded projects are located in Golden Valley, Chaska, Richfield, Crystal, and the 1-35W Corridor Coalition cities of Arden Hills, Blaine, Circle Pines, Mounds View, New Brighton, Roseville and Shoreview. Valley Square Redevelopment, an infitl project located near Hwy 55 and Winnetka Ave. in Golden Valley, builds on recent redevelopment efforts in the area to intensify this location as a suburban activity center, strengthening jobs-housing-transportation links. The city will work with Metro Transit to reroute bus service to better serve area residents, employees and shoppers; and will improve pedestrian connections within the area. The density and type of housing will support transit service; parking arrangements support and encourage additional transit use. Chaska's Brickyard Redevelopment project will strengthen the existing development pattern in this older downtown, helping this area function as a self-contained area for living, working and shopping. The density and configuration of both projects will encourage walking, bike and transit trips, and can result in reduced auto travel demand. The Golden Valley and Chaska projects add a mix of medium- to high-density new apartments and townhouses with a range of costs. Golden Valley's Valley Square project will include 32 townhouses, 15 apartments and 13 live-work units with sales prices of $90,000 - $200,000 and rents of $750 - $1500. In Chaska, rents for 64 aparmaents will range $550 (1BR) to $890 (3BR); townhomes will rent for $670- $680 and will include five public housing units provided through Hollman vs. Cisneros settlement with the city of Minneapolis. The Crystal and Richfield demonstration projects will strengthen confidence in older communities, a focus of the Blueprint, by improving the existing housing in these older suburbs, helping to improve neighborhood livability. In Crystal's Welcome Neighborhood, the city wilt redevelop substantial portions of two blocks to upgrade the housing stock with the intent to stabilize this at-risk neighborhood while retaining the character of Crystal. Housing density will be increased by subdividing lots or housing designs new to the neighborhood such as attached townhouses, accessory apartments and courtyard houses. Richfield's apartment remodeling program will facilitate investment in apartment communities, through property tax delays, deferred loans and remodeling advice, to make them more livable and desirable. The apartment remodeling program will help maintain the economic value of Richfield's 1960 to 1970-era rental housing stock and promote reinvestment in rental housing. These two efforts will improve current and prospective new residents' perceptions of the area as a place to live and invest. Both the Crystal and Richfield locations are well-served by transit and will support and encourge additional transit use. The 1-35W Corridor Coalition will address transportation and land use issues in seven communities located along the corridor. This multi-jurisdictional effort has great potential to coordinate planning and development in a way that achieves improved jobs-housing-transportation links. This effort is also a good example of communities working together to solve issues of subregional and regional concern. Pollution cleanup grants have supported redevelopment in the urban area by helping clean a site for a truck remanufacturing plant expansion in Fridley, and for new office/showroom/warehouse buildings in Roseville. In developing communities of the region, both demonstration grants and housing grants were awarded. Two demonstration projects in Maple Grove and Lino Lakes will demonstrate new models for integrated compact suburban development that mix housing, commercial public and other land uses in a pedestrian environment. Lino Lakes will develop The Village, a town center on a 75-acre site adjacent to a regional park, to include a bank, YMCA, professional building, early childhood education center, 35 townhouses and 88 condominiums in a range of prices, and 23 "hoffices' combining home and business space. Maple Grove will produce a development plan for a Town Center with public plaza, a park and additional neighborhoods within the 2000-acre Gravel Mining Area. Plans include providing medium-density housing at about 10 units per acre, and 900 or more units ofreseidential development at up to 30 units per acre. The Gravel Mining Area represents a major opportunity to channel development near the 1-494-I- 694 beltway in a way that provides and supports strong jobs-housing-transportation links. The area has the potential to become a major regional concentration of employment, housing and services, at about the scale of the Southdale-Fairview area. Projects awarded grants from the LHIA account will result in new housing affordable to families earning 40 to 60 percent ($22,920 to $$34,380) of median income. These include 32 and 30 townhouses, respectively, in Eden Prairie and Lakeville; and 64 rental apartments in Plymouth, helping to expand the supply of affordable housing in needed locations. Progress on Other Regional Goals Another focus of the Regional Blueprint is preserving the natural environment and incorporating environmental features into the development and redevelopment of the region. Environmental features can be capitalized on to serve as community assets, as demonstrated by two LCDA funded projects. In Golden Valley's Valley Square project, access to adjacent Bassett Creek will be improved by creating a hiking and biking trail and linear park along its length, linking to the Hennepin County trail. These facilities, near new housing and mixed-use development, will create value for the area by building on the amenity of the creek. Blueprint policy also supports land use planning that creates community identity and fosters a civic infrastructure. It supports urban design that helps make neighborhoods safer, creates amenities and improves livability. Development can enhance or impede a sense of community. Many of the projects assisted through LCDA grants illustrate how a mix of uses with attention to land use design can provide the framework for settings which have a "sense of place.' Whether located in a suburban activity center (Golden Valley), a core neighborhood (Augustana Village in Minneapolis) or in developing suburban cities (Lino Lakes and Maple Grove), they serve as destinations for a number of daily activities, such as workplaces, errands, shopping and entertainment, and some include city halls, a library or YMCA. They can be places where people live, work and shop. They foster personal safety because of activity during many hours of the day. And they include parks and public spaces for informal gathering with other community residents or for public activities and celebrations. 12 Interagency Cooperation and Community Participation in Implementing the Fund Interagency or community participation is a feature of the Council's administration of all three funding accounts. The Tax Base Revitalization Program demonstrates a cooperative partnership between the Council and the Department of Trade and Economic Development (DTED) and the Minnesota Pollution Control Agency (MPCA). Council and DTED staff use the same application cycle deadlines and hold joint application workshops. DTED staff assist Council staff in ranking TBRA applications according to the Council's criteria. The Livable Communities Act authorizes TBP,_A funds as part of local match requirements for DTED's Contaminated Site Cleanup Program, and all projects eligible for both programs have been jointly funded. Both the TBRA and the DTED programs require "response action plans" from the MPCA for all applicable projects. These plans are required as part of the Voluntary Investigation and Cleanup (VIC) program. MPCA staffreview the applications to verify that proposed activities will cost-effectively implement the response action plan submitted by the applicant. Although asbestos cleanup is not currently addressed by the VIC strategy, MPCA staff also review applications involving asbestos' cleanup. In addition, MPCA staff members participate in the application workshops. Applications for the The Livable Communities Demonstration Account funding are reviewed by the 15- member Livable Communities Advisory Committee, which makes funding recommendations to the Metropolitan Council. The committee is made up of representatives with expertise in these areas: local and county government, development and redevelopment, finance, private foundation work, urban design and transportation. Review of proposals by the committee ensures that the projects receive scrutiny in these areas of expertise, and that the projects selected meet the program's objectives. The Metropolitan Council administers the Local Housing Incentives Account through the Metropolitan Housing Implementation Group (MHIG), established in 1995 to coordinate and streamline the complex system of delivering housing resources in the metropolitan area. The MHIG includes representatives of the Metropolitan Council, Minnesota Housing Finance Agency (MHFA), the Minneapolis-St. Paul Family Housing Fund, the Minneapolis Public Housing Authority, Corporation for Supportive Housing, Greater Minneapolis Metro Housing Corporation, Local Initiative Support Corporation (LISC), Federal National Mortgage Association (FNMA) and the Department of Housing and Urban Development (HUD). The MHIG represents an unprecedented effort to bring together the major housing resource providers to collaboratively develop a process and tools to provide easy access to and disbursement of a combined pool of housing development dollars. To the Council's knowledge, this form of collaboration has not been attempted elsewhere in the country. The MHIG group developed a Super Request for Proposal (RFP) to simplify and streamline the process for accessing housing development dollars. The Super RFP includes descriptions and requirements of all funding sources available during a funding cycle, including the Local Housing Incentives Program. The Super RFP is mailed to all communities, developers, housing agencies and others interested in the production of affordable housing. Applicants need to apply only once, using the Super RFP application, to access any of the funds available during that funding cycle. The MHIG has also developed joint project selection criteria as a tool to review proposals and choose award recipients. The joint criteria include the 13 policies articulated in the Council's Regional Blueprint, Livable Communities Act and the Governor's Economic Vitality and Housing Initiative. M2HIG also created a collaborative project selection process to assist its representatives in making the best funding decisions possible. Representatives from each of the participating MHIG agencies serve on a joint selection committee. The selection committee reviews each proposal, considering the joint selection criteria, individual funder's criteria, as well as any funder's past experience with the applicant, previous .funding allocations, familiarity with the project or expertise related to any aspect of the proposal. Funds are then allocated to each proposal based on the outcome of that review and the best match of proposal to funding source. Funding recommendations are brought to each of the appropriate funding boards for final approval. Monitoring of the Fund No legislative changes are recommended at this time for the Livable Communities Fund. The Council may make recommendations in the future in response to issues that may arise relating to effective operation of the fund and achieving outcomes consistent with the legislative intent. 14 Attachment A Funding Report Livable Communities Fund 15 '1 0 ~0 0 s<'~<~ ¢0 ,CO CITY OF COLUMBIA HEIGHTS Meeting of: April 27, 1998 AGENDA SECTION: ORIGINATING CITY MANAGER NO: .t DEPARTMENT: Comm. APPROVAL Dev. ITEM: APPROVAL OF THE METROPOLITAN BY: Ken Anderson ~ COUNCII, LOCAL PLANNING ASSISTANCE DATE: April 23, 1998 PROGRAM GKA_NT AGREEMENT BACKGROUND: The City of Columbia Heights made an application to the Metropolitan Council for grant funds to assist with the costs of preparing an updated comprehensive plan. The Metropolitan Council established a planning assistance fund to make grants and loans available to local government units to assist in the cost of conducting and implementing various comprehensive planning activities. The City received notification that we would be funded in the amount of $7,410.00 for this purpose. ANALYSIS: Attached to this Council letter is a copy of the Metropolitan Council Local Planning Assistance Program Grant Agreement in the amount of $7,410.00. The grant number is SG-97-125. Attachment A of the Grant Agreement includes a copy of the Comprehensive Plan update and Zoning Code revision workplan prepared by the City as part of the application process. The City of Columbia Heights will be contracting with SRF Consulting Group, Inc. to assist in the overall comprehensive planning process as well as the re-write of the Zoning Ordinance. The Zoning Ordinance is the document which establishes the local controls necessary to implement the goals and policies within the City' s Comprehensive Plan. The grant funds may be used in an amount up to 75% of the total cost for expenses of the projects described in this workplan and budget. The grant funds in the amount of $7,410.00 will be less than 20% of the total planning costs for this work. CONCLUSION/RECOMMENDATION: Staff recommends City Council approval and execution of the attached grant agreement in the amount of $7,410.00. RECOMMENDED MOTION: Move to approve the Metropolitan Council Local Planning Assistance Program Grant Agreement and acknowledge receipt of $7,410.00 in grant funds; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments EDA ACTION: h:~rnetcnclpln~s Grantee: , Amount: '" CITY OF' COLUMBIA HEIGHTS , $?,410.00 . ~Grant No.: End Date: METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the metropolitan-area governmental unit identified above as "Grantee." WHEREAS, Minnesota Statutes section 473.867 requires the Council to establish a planning assistance fund for the purposes of making grants and loans to local governmental units to assist local governmental units in the seven-county metropolitan area conduct and implement comprehensive planning activities, including the review and amendment of local comprehensive plans and fiscal devices and official controls as required by section 473.864, subdivision 2; and WHEREAS, pursuant to Minnesota Statutes section 473.867, subdivision 4, planning assistance grant funds shall not exceed seventy-five percent of the total costs and expenses of the project, service or activity for which the grant is awarded; and WHEREAS, in May 1997 the Council issued its Metropolitan Council Local Planning Assistance Grant Guidelines and solicited applications for local planning assistance grant funds; and WHEREAS, the Grantee is a city or town in the metropolitan area as defined in Minnesota Statutes section 473.121, or is a metropolitan-area city, town or county acting in parmership with cities or towns which was authorized to submit a joint application and execute this grant agreement on behalf of the partnership; and WHEREAS, the Grantee submitted an application for local planning assistance grant funds and was awarded a grant to fund eligible comprehensive planning activities identified in the application. NOW THEREFORE, in reliance on the representations and statements above and in consideration of the mutual promises and covenants contained in this grant agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Comprehensive Development Guide" means the comprehensive development guide for the seven-county metropolitan area adopted by the Council pursuant to Minnesota Statutes section 473.145, and the policy plans and other components of the development guide adopted by the Council pursuant to Minnesota Statutes Chapter 473, including the Regional Blueprint adopted by the Council pursuant to Minnesota Statutes section 473.145. (b) "Comprehensive Plan" means a comprehensive plan which complies with Minnesota Statutes sections 473.858 through 473.865, including those provisions in section 473.859 which require housing elements and housing implementation programs. (c) "Metropolitan Land Planning Act of 1976" means the land use planning provisions of Minnesota Statutes Chapter 473, including Minnesota Statutes sections 473.175 and sections 473.851 through 473.871, as amended. II. GRANT FUNDS 2.01 Grant Amount. The Council will provide to the Grantee the "Grant Amount" identified at page 1 of this grant agreement which the Grantee shall use for authorized purposes and eligible activities. Any reduction or termination of the match amount required under paragraph 2.02 may result in a like reduction in the Grant Amount. 2.02 Seventy-Five Percent Limit. The Grant Amount provided to the Grantee under this agreement may be used to pay up to seventy-five (75) percent of the total costs and expenses of the projects, services and activities described in the Grantee's work plan and budget. The Grantee shall match the Grant Amount received from the Council on at least a one-for-three basis. The matching funds may include in-kind work or cash and shall be identified in the work plan budget and in the progress reports required under paragraph 3.01. 2.03 Authorized Use of Funds. The Grant Amount provided to the Grantee under this agreement shall be used only for the purposes and eligible activities described in the Grantee's work plan and budget as approved by the Council. A copy of the Grantee's approved work plan and budget is attached to and incorporated into this agreement as Attachment A. Eligible activities are outlined in the May 1997 Metropolitan Council Local Planning Assistance Grant Guidelines and include, but are not limited to, staff pay, consultant and professional services, printing and publishing. Grant funds may not be used for per diem payments to appointed or elected board or commission members. Grant funds also may not be used to purchase or acquire equipment or other tangible, nonexpendable personal propert3, or for activities inconsistent with the Council's Comprehensive Development Guide, the Metropolitan Land Planning Act of 1976, as amended, Minnesota's Critical Areas Act of 1973, as amended, or other applicable state laws. The Grantee agrees to promptly remit to the Council: any unspent grant funds; any grant funds which are not used for the authorized purposes specified in this paragraph; and any interest earnings described in paragraph 2.05 which are not used for the purposes of implementing the work plan activities described in Attachment A. 2.04 Disbursement Schedule. Within thirty (30) days after final execution of this agreement, the Council will disburse to the Grantee ninety (90) percent of the Grant Amount. The ten (10) percent amount withheld will be disbursed to the Grantee upon completion of the work plan activities and receipt of the final progress report described in paragraph 3.01(b). 2.05 Interest Earnings. If the Grantee earns any interest or other income from the Grant Amount received from the Council under this agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the work plan activities described in Attachment A. III. REPORTING, ACCOUNTING AND AUDIT REQUIREMENTS 3.01 Progress Reports. The Grantee will provide to the Council's authorized agent a written midpoint progress report and a written final progress report describing the status of the work plan activities described in Attachment A. These reports ensure the Grant Amount made available under this agreement is appropriately expended as described in the work plan and budget. The reports shall be subject to the following content and schedule requirements. (a) Midpoint Progress Report. At approximately the midpoint of the Grantee's work plan activities, the Grantee must submit to the Council a written midpoint progress report which includes: a summary of the work plan activities undertaken and completed to date; a summary of work plan activities to be accomplished during the remaining months of the work plan; and a summary of unanticipated issues and opportunities that affect the work plan, time schedule for project completion, or budget. The midpoint progress report also must include a summary of project costs and sources of funds for those expenditures, and a list of itemized expenditures of funds received from the Council and matching funds by category in the budget. (b) Final Progress Report. Upon completion of the work plan activities described in Attachment A, the Grantee must submit to the Council a written final progress report which includes: a summary of the work plan activities undertaken and completed since the submission of the midpoint progress report: a summary of project outcomes, costs and sources of funds for those expenditures; and a list of itemized expenditures of the Grant Amount received from the Council and matching funds by category in the budget. 3.02 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the Grant Amount received from the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of three (3) years following the completion of the work plan activities described in Attachment A. If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved or until the end of the regular three-year period, whichever is later. The Grantee will keep proper financial records and other appropriate documents sufficient to evidence the nature and expenditure of the match funds required under paragraph 2.02. 3.03 Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee and accounting shall be in accordance with generally accepted government auditing standards covering financial and compliance audits. The accounts and records may be audited or inspected on the Grantee's premises, or otherwise, at any time by individuals or organizations designated and authorized by the Council or by appropriate state or federal agencies, following reasonable notification to the Grantee, for a period of three (3) years following the completion of the work plan activities described in Attachment A. 3.04 Authorized Agent. The Council's author/zed agent for purposes of administering this grant agreement is Terrence Kayser. or another designated Council employee. The written reports submitted to the Council should be directed to the attention of the authorized agent at the following address: -3- Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101-1634 IV. GRANT AGREEMENT TERM 4.01 Term and End Date. This grant agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02 or extended by written agreement pursuant to paragraph 4.03, this agreement will expire on the "End Date" identified at page 1 of this grant agreement, or upon completion of the work plan activities described in Attachment A and submission of the final progress report required under paragraph 3.01 (b). 4.02 Termination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this agreement and any amendments of this agreement. Termination of this agreement does not alter the Council's authority to recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this agreement, the Council ma3' take any action to protect its interests, may refuse to disburse additional funds and may require the Grantee to return all or part of the funds. 4.03 Amendment. The Council and the Grantee may amend this agreement by written mutual consent. Amendments, changes or modifications to the Grantee's approved work plan and budget shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable federal and state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the funded work plan activities. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the expiration or termination of this agreement. This indemnification shall not be construed -4- as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 5.04 Compliance with Law. The Grantee agrees to conduct the work plan activities in compliance with all applicable provisions of federal, state and local laws. 5.05 Acknowledgment. The Grantee shall appropriately acknowledge the funding assistance provided by the Council in promotional materials, reports, publications and notices relating to the project activities funded under this agreement. 5.06 Warranty of Legal Capacity. The individual signing this agreement on behalf of the Grantee represents and warrants that the individual is duly authorized to execute this agreement and that this agreement constitutes the Grantee's valid, binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. Approved as to form: METROPOLITAN COUNCIL By: Associate General Counsel Thomas C. McElveen, Deputy Director Housing, Development and Implementation Community Development Division Date: GRANTEE By: (Signature of Y4uthorized Representative.) NalTle: Title: Date: COMPGKNT.DOC By: Name: Title: Date: (Signature of Authorized Representative) I 0/97 -5- ATTACHMENT A Grantee's Work Plan and Budget This Attachment A comprises this page and the Grantee's work plan and budget as approved by the Council. -6- ATTACHMENT A WORK PLAN COMPREHENSIVE PLAN UPDATE AND ZONING CODE REVISION Project An update of the City of Columbia Heights Comprehensive Plan and revision of the Zoning Code, to make the two documents consistent, will be prepared under the guidelines of the Metropolitan Land Use Planning Act and data requirements of the Metropolitan Council. Tasks to be completed are as follows: Determine requirements of Comprehensive Plan and items that need completion. The existing Comprehensive Plan (1992) and zoning Ordinance (1977) for Columbia Heights will be reviewed for missing elements based on Metropolitan Land Use Planning Act Require- ments. An inventory will be completed by City staff and the consul- tant to determine which elements are missing or need revision in both documents. The Metropolitan Council staff ~ill be consulted with any questions. 2. Research and Analysis. To complete this task research will be conducted and data collected to bring the Comprehensive Plan and Zoning Ordinance into conformance with the Metropolitan Land Use Planning Act and Metropolitan Guidelines. To complete this item the following subtasks will be conduct- ed: ae City Engineering Department will complete an updated Zoning map with land use density figures and percentages. Information will be coordinated with the City's Engineer- ing Department for the following items: existing Local Water Management Plan, water supply plan, and existing transit and rail maps. Ce Information will be coordinated with Community Develop- ment staff for the following items: housing statistics, copy of the Housing Plan for provisions of the Livable Communities Act and Census and other demographic data to bring the Comprehensive Plan into compliance. The consultant and staff will determine what amount of research each party will complete to assist in this area. Preparation of Draft Comprehensive Plan and Draft Zoninq Ordinance. This item involves complete preparation of an update to the City's Comprehensive Plan and revisions to the zoning Ordi- nance in accordance with provisions of the Metropolitan Land Use Planning Act and Metropolitan Council guidelines. The document will be written and prepared, including copies for boards/commissions and City Council by the consultant. The following areas will be addressed and either updated, revised or added to this updated edition to the Columbia Heights Comprehensive Plan.: A) B) Policies and Background. Regional Blueprint and Growth Strategy Criteria - Columbia Heights is within the redevelopment area. c) Land Uses - Update land use maps with figures. land use and density D) Regional Systems - Local Water Management Plan. - Water supply. - Transportation. E) Innovative and Creative Planning - Life-cycle Housing. - Livable Communities Act Housing Plan. F) Economic Development - Policies and guidelines for redevelopment. - Site specific redevelopment areas and plans. - Transportation and redevelopment related activi- ties. - Strategies to create development funds for existing and new businesses and to increase number of jobs. G) Housing - Policies and procedures for retaining and redevel- oping existing life cycle housing. - Policies, through Zoning Ordinance revisions, to allow flexibility in making existing housing stock attractive to first time homebuyers. - Strategies to provide more Life Cycle Housing in the area of senior housing. - Livable Communities Act participation and Housing Plan. Planninq and Zonin~ Commission and City Council Review of Draft Comprehensive Plan and Zonin~ Ordinance The draft of each document will be reviewed by first the Plan- ning and Zoning Commission and then the City Council. - Public meetings where citizens will have the opportunity to provide input and respond to proposed plans will be held prior to public hearings. - Required public hearings will be conducted during these review processes, citizen participation will be welcomed during public hearings. - Changes and suggested revisions will be incorporated into the final plan. Preparation of Final ComDrehensive Plan and Final Zoninq Code. The draft version will be revised and a final document of the Comprehensive Plan and Zoning Ordinance will be presented to the Planning and Zoning Commissioners and City Council. Once Planning and Zoning approval and City Council approval is given the required seven copies of the Comprehensive Plan will be submitted to the Metropolitan Council for review. If the Plan is viewed as incomplete then the staff and consultant will work together to provide any missing element and informa- tion. The consultant will assist the City in monitoring the Metropolitan Council's review and approval of the Plan. BUDGET COMPREHENSIVE PLAN UPDATE WORK PLAN ITEM COST Inventory/Research $ 7,500 Policy Development 2,500 Preparation of Draft & Final Plan i0,000 Approval of Plan and Implementation 2,500 Start Up Plan, Execute Site Specific Plans 2,500 TOTAL $25,000 RESOLUTION NO. 97-45 CITY OF COLUM. BIA I:~IGI~FS AUTI~OI:t f~I1NG APPLICATION FOR A METROPOLITAaN COUNCIL PI.~N'NENG ASSIST.4~NCE GKANT V,'t~_REAS, Minnesota Statutes sections 473.851 requires loca/units of government to prepare local comprehensive plans with land use controls that are consistent with planned. orderly and staged development and with metropolitan system plans: and %'F[F__REAS, Minnesota Statutes sections 473.854 and 473.867 authorize the Metropolitan Council to prepare and adopt guidelines establJehing ,m~'orm procedures for the award and disbursement of planning assistance gants and loans; and Veq:~REAS, Minnesota Statutes 473.867 authorizes the Council to give funding to local units of government to review and amend their local comprehensive plans, fiscal devices and offici~l controls: and V~q:~REAS, the city. requires a planning assistance gmat to complete comprehensive planning activities, specifcally a lire cvcte housing ~-rudy to assist in preparation of the housfiag element and official controls: NOW T]IEI~FORE, BE IT RESOLVED that the city m~nager is hereby authorized to submit an application to the MetropoLitan Council for a planning assL~n:ance gant to update and rexdse the tit3,. 's comprehensive plan; and BE IT FURT]:FFR RESOLVED that a certified copy of this resolution shall be submitted as part of the planning assistance gmat appLication. This resolution adopted by recorded vote of the city of Columbia Heights in open session onthe 28th davof Only , 1997. Offered by: Ruettimann Seconded by: Peterson Rcl! Call: All ayes il Secr&tary ~-- CITY OF COLUMBIA HEIGHTS RESOLUTION AUTHORIZING APPLICATION FOR METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE GRANT RESOLUTION 97-43 WHEREAS, the Metropolitan Council has been authorized to provide planning assistance grants to assist local communities in meeting comprehensive planning requirements; and WHEREAS, the City of Columbia Heights is required by State Statute to complete an update to the Comprehensive Plan by December 31, 1998. NOW, THEREFORE, BE IT RESOLVED THAT, the City of Columbia Heights has prepared an application for submission requesting $18,750 to complete the Comprehensive Plan Update according to the Metropolitan Land Planning Act and the Metropolitan Councils guidelines with funds available through the Metropolitan Council; and furthermore, that $6,250 has been budgeted and appropriated through local funds of the City of Columbia Heights as the required local match for said update. Passed this 28th day of July, 1997. Offered by: Seconded by: Roll Call: Ruettimann Jolly All ayes ayor .~ioseph Sturdev~nt " o--A~ne Student, Council Secretary CITY OF COLUMBIA HEIGHTS ¢ Meeting of: April 27, 1998 AGENDA SECTION: ORIGINATING CITY MANAGER NO: Jl DEPARTMENT: Comm. APPROVAL Dev. t' ITEM: APPROVAL OF THE 1997 BY: Ken AndersonWff,~0_ BY:///C~fe/-~ COMMUNITY DEVELOPMENT BLOCK DATE: April 23, 1998 [4v~' GRANT PROGRAM AGREEMENT 6t. ~ - 1 ~ BACKGROUND: Each year, the City of Columbia Heights submits an application to Anoka County for Community Development Block Grant (CDBG) funds. These funds have historically been used for the acquisition and demolition of substandard housing, deferred loan program for housing rehabilitation, and more recently, acquisition and demolition of substandard or non-conforming buildings in commercial and industrial zoned areas. Attached please find the agreement between the City of Columbia Heights and Anoka County for the use of these funds during the period of July 1, 1997 through December 31, 1998. ANALYSIS: The attached Grant Agreement authorizes grant funds to be used for three major purposes. Those purposes are as follows: Commercial Revitalization Program, Acquisition and Clearance of Deteriorated properties in Commercial and Industrial districts. Total funding amount: $128,036.00. Columbia Heights Public Service Pool to fund Public Service Agencies that deliver services to low income persons for Meals on Wheels, ACCAP Senior Outreach, Alexandra House, Southern Anoka Community Assistance, and CEAP. Total Funding amount: $28,000.00. Columbia Heights Housing Rehabilitation. This activity involves the rehabilitation of low income owner occupied single family and duplex residential properties. Total funding:S118,788.00 (this amount includes the Columbia Heights allocation of $77,000.00 and the County-wide allocation of $48,788.00.) Total CDBG funds to be available as part of this agreement will be $274,824.00. CONCLUSION / RECOMMENDATION: Staff recommends approval of the agreement to facilitate economic development, redevelopment, housing rehabilitation, and public service needs within the City of Columbia Heights. RECOMMENDED MOTION: Move to approve the 1997 Community Development Block Grant Program Agreement between the County of Anoka and the City of Columbia Heights; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: h:\cdbgmtg,m~l 97-0704 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT between THE COUNTY OF ANOKA, A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA, BY AND THROUGH THE ANOKA COUNTY HOUSING & REDEVELOPMENT AUTHORITY, A PUBLIC BODY CORPORATE AND POLITIC AND THE CITY OF COLUMBIA HEIGHTS This Agreement is entered into this 1 st day of July, 1997, between the County of Anoka, a political subdivision of the State of Minnesota, by and through the Anoka County Housing and Redevelopment Authority, a public body corporate and politic (hereinafter referred to as the "HRA"), and the City of Columbia Heights, 590 40th Avenue N.E., Columbia Heights, MN 55421 (hereinafter referred to as th'e "Agency"): RECITALS Ao The County of Anoka (hereinafter "County") is an urban county applicant for block grant funds under the Housing and Community Development Act of 1974 (the Act), Pub. L. 93-383 as amended, and will receive block grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p. 570; Bo An Urban County Consortium has been established by a Joint Cooperation Agreement between the County and municipal corporations within the County, the terms of which specify allocation of block grant funds to those participating jurisdictions for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by HUD; The County has entered into a joint powers agreement with the HRA to administer the Community Development Block Grant Program and delegated to the HRA the rights, dudes and obligations to disperse, monitor and administer funds under the Community Development Block Grant program, in a manner consistent with terms and condition imposed on the County by agreement, County resolution, HUD regulations, and the Community Development Block Grant Plan; The HRA desires to have certain services performed by the Agency as described within this agreement, and as authorized by County resolutions for the purpose of implementing eligible activities under the Act and HUD regulations; Eo It is appropriate and mutually desirable that the Agency be designated by the HRA to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations, state law and local law are adhered to, as provided for herein; -1- Fo Go Ho The purpose of this Agreement is to provide for cooperation between the HRA and the Agency, as th6 parties in this agreement, in implementing such eligible activities in the manner described above; The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota. The attached exhibits as listed below are hereby incorporated in this agreement and made a part hereof: PART I. PART I1. PART II1. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G GENERAL CONDITIONS FEDERAL AND LOCAL PROGRAM REQUIREMENTS EVALUATION AND RECORD KEEPING Project Description Summary and Budget Preliminary Project Request 1996 Program as approved by County Board Anoka County Board Resolution No. 85-42 Anoka County Board Resolution No, 85-23 Anoka County Board Resolution No, 86-70 Certification tn consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. COUNTY AGENCY By: Dated: APPROVED AS TO FORM: By: Name (typed): Title: Dated: By: Assistant County Attorney Dated: By: Name (typed): Title: Dated: -2.- EXHIBIT A PROJECT DESCRIPTION AND BUDGET 97-0704 Amount of CDBG funds provided by Anoka County for the program year beginning in 1997 to City of Columbia Heiqhts for: Proiects Listed Below A description of goods and/or services to be provided by the above-named organization with the assistance of the CDBG funds and the target population to be served: Budqets: #728 Columbia Heights Public Service Pool $3,500 Funding to public service agencies that deliver services to primarily Iow income persons and families including but not limited to: Meals on Wheels to fund meals from Mercy Hospital to homebound seniors and disabled adults. *ADDITIONAL FUNDING OF $2z~,500 UNDER MULTI-CITY CONTRACT for: ACCAP Senior Outreach, Alexandra House, Southern Anoka Community Assistance, and CEAP. #730 Columbia Heights Commercial Revitalization ~128,036 This activity involves the acquisition and clearance of blighted and deteriorated commercial and industrial properties. The properties that are acquired and cleared must be uninhabitable due to building conditions which are detrimental to the health, safety and welfare of the occupants. The acquisitions will also clear spot blight problems in the major commercial corridors. Properties to be considered will be either vacant or have willing seller. Acquisitions would comply with the applicable relocation policies. Properties will be identified by Community Development (CD) Department staff. An evaluation will be made of the property's physical condition, feasibility of rehabilitation and potential marketability. The City of Columbia Heights will be responsible for making a final determination of the properties to be acquired under this program. The acquisition and clearance of blighted commercial and industrial properties will be on a scattered site basis and will be available City wide. Properties which are acquired and cleared must be located in commercial and industrial zoning districts and will consist of commercial structures and non-conforming single family homes in commercial zoned districts. Please see attached map for commercial and industrial zone areas. The benefits of the program will be eliminating blight and making property available for commercial redevelopment. #755 Columbia Heights Housing Rehabilitation ~118,788 This activity involves the rehabilitation of Iow income owner occupied single family and duplex residential properties. The funds are awarded to eligible homeowners in the form of a 50% grant/50% deferred loan. The 50% grant portion would not have any interest charge and would not have to be paid back if the homeowner remains in the rehabilitated property for a period of five years. The remaining 50% loan portion would have no interest charge and would be paid back only upon the sale, change of use or moving from the property. A home improvement grant/deferred loan may be used for three primary types of improvements. The City Building Inspector will complete a thorough inspection of the entire house and conclude exactly what work should be done. First priority in improvements will be those that upgrade health and safety conditions. Second priority is given to upgrading the house in accordance with current building code requirements. Finally, improvements will be suggested that improve the energy efficiency of the home. Typical improvements would include (in random order): doors & windows, water heaters, furnaces, wiring & plumbing, and roofs. (This includes the Columbia Heights allocation of ~70,000 to Rehabilitation and $48,788 of County-wide.) Total $274,824 Project Details: A detailed description of the goods and/or services to be provided by the above-named organization is contained in the Preliminary Project Requests, which are attached hereto as Exhibit B, and incorporated herein by reference. Note: Above total does not include allocations to Public Services that are under Multi-City Contracts (shown above) or $1,000.00 to County Administration. Liaison per Section 4A: Kenneth R. Anderson Authorized to sign vouchers & reports per Section Project to be completed by December 31, 1998: Per Anoka County Board Resolution #85-23 CDBG-69 CITY OF COLUMBIA HEIGHTS Meeting of: April 27, 1998 AGENDA SECTION: CITY COUNCIl. LETTER ORIGINATING CITY MANAGER NO: .I DEPAKTMENT: Comm. APPKOVAL Dev. BY: KennethR. Anderson .~ BY',/ ~.4/'//,/ No. 1372 DATE: APKIL 8, 1998 ITEM: SALE OF LAND AT 566 38TM AVE NE BACKGROUND: The City has retained ownership to several properties that are vacant of any structures and available for sale. A letter has been received from Quality Checked Construction, Inc. to purchase the property at 566 38t~ Ave. NE for the amount of $18,500.00. Quality Checked Construction, Inc. has purchased three other available lots in the City located at 4613/15 Pierce Street NE, 578 38t~ Ave. NE, and 572 38u' Ave. NE. The proposed structure is a home of 1,086 square feet with a sale value of approximately $123,000. The home will include a front porch and 22' x 22' attached double garage. The two other structures on 38t~ Ave. NE were constructed as 1,020 sq. fl. split foyer buildings. Quality Checked Construction, Inc. has secured a Purchase Agreement this past weekend from a prospective buyer for this property and for the home to be built substantially in conformance with the attached plans. The attached letter states the home will be a split foyer of 1,020 sq. ft. This letter was prepared expecting a model home would be constructed and the proposed home has been changed to meet the needs of the prospective buyer. ANALY SI S: The property at 566 38t~ Ave. NE has been available for quite some time. The estimated market value is $23,300 for taxes payable in 1998. The proposed purchase price of $18,500.00 is consistent with the approved sale prices for other properties owned by the City. CONCLUSION/RECOMMENDATION: Staffrecommends approval of the sale of the property to Quality Checked Construction, Inc. subject to the terms included in the attached draft Sale and Development Agreement and substantially in conformance with the plans submitted. MOTION: Move to waive the reading of Ordinance No. 1372, there being ample copies available to the public. MOTION: Move to establish May 11, 1998 at approximately 7:00 p.m. as the second reading of Ordinance No. 1372, being an Ordinance Amending Ordinance No. 853, City Code of 1977 and Ordinance No. 1294, Authorization to convey certain real estate located at 566 38m Avenue N.E. Attachment COUNCIL ACTION: h:~ualc, hkoontraA ORDINANCE NO. 1372 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND ORDINANCE NO. 1294, AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 566 38TM AVENUE NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Construction, Inc., the real property described as follows, to wit: That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the sale and development agreement. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: April 27, 1998 Offered By: Seconded By: Roll Call: Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor Quality Checked Construction, Inc. 16300 Makah Street NW Andover, Mn 55304 421-5221 To Ken Anderson, We propose to purchase the lot at 568 38th AV. NE for $18,500. This will be for owner occupied clients. We understand that the City of Columbia Heights will guarantee that the lot will be buildable for a five coarse basement. The city will guarantee the sewer and water connections will be to property line and not in the street. Taxes on the lot will be prorated and on the lot only. We understand the terms are $1000.00 down and the balance due at the closing to the third party. The plan is to start construction as soon as the city approves this and all necessary papers are filed. The house plan is to be a split foyer 1020 sq, ft. home with double attached garage. Plan number 2BSE83222. We use 2x6 walls, all oak woodwork, and custom cabinets. The exterior will have vinyl siding and brick per plan and raised panel steel garage door. This is the same design that we have and are building on the other two lots on 572 and 578 38th Av. Thank-you for your consideration. Sincerely. ~- j- ./" . Michael L. Vagle Pres. Madison C~IQ~ ~000 Each Home Custom Designed to Fit Your Needs. / ECHNIQUE 000 Each Home Custom Designed to Fit Your Needs. STANDARD FEATURES Asphalt Driveway Water and Sewer Hook-up Allowance Cultured Marble Vanity Top(s) Custom Oak Cabinets Dishwasher Double Attached Garage Electronic Ignition Gas Furnace Electric or Gas Hook-up for Dryer Electric or Gas Hook-up for Range Formica Counter Tops 40 Gallon Hot Water Heater Foundation Insulation Garbage Disposal Generous Floor Covering Allowance Liberal Light Fixture Allowance Oak Doors and Trim une-.g,~e,.lv~otaea T. ub.~Shower, . Main[~tr~nce F~:ee WindoWs Flush Panel Wood Garage Doors Oak Princeton Trim Around Doors 100 -AMP Electrical Service Plate Glass Bath Mirror Range Hood Rough-in for 3A Bath 2 x 6 Exterior Walls R-44 Ceiling Insulation Single Lever Faucets (Moen) Skirt Boards Sliding Glass Door Smoke Detector Stainless Steel Kitchen Sink Thermal Steel Entry Doors Wood Railings Vinyl Siding Aluminum Soffits GUARANTEED PRICE SALE AND DEVELOPMENT AGREEMENT RELATING TO 566 38~ Ave. NE BY AND BETWEEN THE CiTY OF COLUMBIA HEIGHTS AND Quality Checked Construction, inc. SALE AND DEVELOPMENT AGREEMENT THiS AGREEMENT, made and entered into this ~ day of ., 1998, by and between the City of Columbia Heights (hereinafter called the "City"), and Quality Checked Construction, Inc. (hereinafter called the "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consider- ation of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1.01. The Property. The City now owns the property described in the attached Exhibit "A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minne- sota. 1.02. Facilities and Pro|ect. The Developer, in accordance with City approval, plans to construct or cause to be constructed on the Property a single family home. The Developer shall provide the City with a copy of its plans and specifications showing details on the style, exterior architectural features, materials, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the City for review and approval prior to the issuance of any building permits on the property by the City of Columbia Heights. Section 2. Sale/Purchase of Property. 2.01. Sale. The City agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the City for the purchase price of $18,500. Developer shall begin construction of the home within three (3) months of the date of execution of this Agreement and shall complete construction within twelve (12) months from said start date, at which time the City will convey fee title to the property by Quit Claim Deed to Developer. Developer shall deposit $1,000.00 earnest money with the City either prior to, but no later than upon execution of this Agreement. Section 3. Developer's Representations. The Developer hereby represents, warrants and covenants to the City that: 3.01. Compliance. The Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Developer will also comply with all State and local codes/ordinances. 566 38"' Ave. NE Page 2 Section 4. Developer's Undertakin.qs. 4.01. New Construction. Developer shall be solely responsible for the construction, marketing and sale of the single family home on the Property. The minimum selling price (or estimated market value if homesteaded and not sold) of said home shall be $85,000.00. 4.02. Floor Plan. Developer will be responsible for submitting to the City, and obtaining pre-approval of the floor plan and front elevation of the home proposed to be constructed on the Property. Said pre-approval must be obtained before the City of Columbia Heights will issue any building permits to Developer. 4.03. Fees and Charges. The Developer will pay, when due, ali permit fees, connection charges, user charges or other charges lawfully imposed by the City of Columbia Heights with respect to the Property. Upon conveyance of the Property by the City, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. 4.04. Existing Improvements. The Developer will be responsible for removing any existing structure, foundation and debris from the property and will assure that water and sewer services are stubbed to the boulevard at no cost to the City. The Property is currently vacant of any structure(s). Section 5. City Undertakings. Section 6. Default. 6.01. Default. The failure to meet any condition of this Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the City may take one or more of the following actions: a. suspend performance under this Agreement; b. terminate the Agreement, thereby rendering void any promises or approvals contained in this Agreement; c. retain bidder guarantee submitted as cash, cashier's check, or money order in the amount of $1,000.00. 566 38t~ Ave, NE Page 3 Section 7. Notices. 7.01. Notices. All notices hereunder shall be in writing and either delivered personally or mailed by certified mail, postage prepaid, addressed to the parties at the following addresses: City City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 Developer Quality Checked Construction, Inc. 16300 Makah Street NW Andover, MN 55304 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed the day and year first above written. CITY OF COLUMBIA HEIGHTS By: its: Mayor By: Its: City Manager DEVELOPER By: Developer 566 38~ Ave. N E Page 4 STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this ~ day of .., 1998, before me, a Notary Public within and for said County,'appeared to me personally known, who, being by me duly sworn, did say that he/she is Joseph Sturdevant named in the foregoing instrument, the Mayor of Colum- bia Heights, a body corporate and politic under the laws of the State of Minnesota, and that this instrument was signed as his/her free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF ANOKA On this day of ,1998, before me, a Notary Public within and for said County, appeared t--'o me personally known, who, being by me duly sworn, did say that he is Walter R. Fehst named in the foregoing instrument, the City Manager of the City of Columbia Heights, a body corporate and politic under the laws of the State of Minnesota, and that this instrument was signed as his free act and deed. Notary Public STATE OF MINNESOTA ) ) SSo COUNTY OF ANOKA ) On this day of ,1998, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is named in the foregoing instrument, and that this instrument was signed as his/her free act and deed. Notary Public 566 38th Ave. NE Page 5 Exhibit A PROPERTY ADDRESS: 566 38"~Avenue NE PIN #: 35-30-24-43-0066 LEGAL DESCRIPTION: That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. CITY COUNCIL LETTER Meeting of: April 27, 1998 AGENDA SECTION: · ITENS FOR CONS I DERATI ON ORIGINATING DEPT.: CITY MANAGER NO: ~ License Department APPROVAL ITEM: Ordinance No. 1370 Pertaining to the Licensing of BY: Kathryn Pepin BY: Pool/Billiard Halls DATE: April 22, 1998 No: '/ BACKROUND This office has received a request from the owners of Jimmy's Pro Billiards of 4040 Central Avenue for an amendment to Section 5.402(7) of the License Ordinance Section pertaining to the licensing of Pool/Billiard Halls. A copy of that request is attached. The section pertaining to the licensing of pool/billiard halls was amended by Ordinance #1286 on May 9, 1994. The License Review Committee has also reviewed this section and recommend some minor changes which would include moving the language of Section 5.402(8) forward in the ordinance and renumbered it as Section 5.402(2). In that section, we also recommend, for administrative reasons, eliminating the reference to the specific Chapter 9.105(5) and change it to read the Zoning Ordinance. It is possible that the chapter numbers of items in the Zoning Ordinance will be changing once it is rewritten and reworked this year. The change previously explained will alter the sequence of the numbers of the sections. These changes, along with two alternative language changes (Draft #1(attached) and Draft #2 ) pertaining to the age limitation and hours of operation as drafted by the License Review Committee were reviewed at the City Council meeting of March 23, 1998. The Council requested specific language be drafted in another alternate form (Draft #3 attached). These drafts were reviewed at the City Council work session of March 30, 1998. The City Council requested that Draft #2 be eliminated. Draft #3 was reviewed by the Youth Initiative Commission at their meetings of April 6 and April 20, 1998. At the April 20, 1998 meeting the Commission voted to unanimously recommend to the City Council the approval of Ordinance #1370 with the following language: "Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person in the 8'h grade and younger from entering the establishment as a patron unless accompanied by a parent or legal guardian, and further, that any person not at least 18 years of age shall be prohibited from remaining in the establishment as a patron beyond ~/~ hour prior to their curfew with notification of the upcoming curfew given by the establishment one hour prior to said curfew". They also recommend that Project Safety Net be utilized in doing curfew enforcement as it pertains to the pool hall. This language has been incorporated into Draft #4 attached changing the language of "eighth grade" to reflect the age. COUNCIL ACTION: cca~398 CITY COUNCIL LETTER Meeting of: April 27, 1998 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Ordinance No. 1370 Pertaining to the Licensing of BY: Kathryn Pepin BY: Pool/Billiard Halls DATE: April 23, 1998 NO: ANALYSIS/CONCLUSION The recommendation of the Youth Initiative Commission to prohibit any person not at least 14 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian has been incorporated into Draft #4 (attached). RECOMMENDED MOTION Move to waive the reading of Draft #4 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls as ample copies are available to the public. Move to adopt Draft #4 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls implementing the recommendations of the License Review Committee and the Youth Initiative Commission and to conduct the second reading of Ordinance. No. 1370 on May 11, 1998. ALTERNATE MOTION Move to waive the reading of Draft #1 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Halls as ample copies are available to the public. Move to adopt Draft #1 of Ordinance No. 1370, Amending Ordinance No. 853 of City Code, pertaining to the licensing of Pool/Billiard Hails implementing the recommendations of the License Review Committee and to conduct the second reading of Ordinance No. 1370 on May 11, 1998. COUNCIL ACTION: ccag398 FE~ 12:27 FR SEAGATE 51~ 8d4 5?08 TO ~78~2801 P.0~/0~ To ~he counsel members of tl~ City of Columbia Heights, We at ~immy's Pro Billiards would like to request a chan§c in thc ordinance rc~txictin.g~ .-~.c;compeni~ mi-ors from cnm'ing our business. We are, to the best of our knowledge, the only business without alcohol or offensive matcrial that has a restricted license. We would Iikc to makc this change for the following reasons: 1. We offer a dean well managed business that is safe and fun for all age groUl~. 2. We offer structured league play that consists of three person teams. 3. We offer tournament phy for afl skill leveis indudlng beginners. 4 We offer pool, video games, soft drinks and finger food. $. We offer employment opportunities to the community. If this change were granted 1. We would honor the curfew rules of Anoka County. 2. We would use the PA system to announce curfew restrict/OhS. ~. We would seek the advice ofthe Columbia Heights police dept. 4. We would hire additional staff ff necessary to maintain a safe dean environment. ~. We would mentor and be positive role models for m;-ors and the community. Wc look forward to discussing this further and thank you for your continued support, Your ~*iends ~ Jimmy's Pro Billiards ** TOTAL PAGE.00~ ** DRAFT ,ORDINANCE NO. 1370 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD HALLS The City of Columbia Heights does ordain: Section 2: Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person (a) possesses a license issued pursuant to the provisions of this chapter; and (b) is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defined by 5.411(2)(b-e). 5.402(3) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) (b) (c) (d) the nature of other licensed or proposed business or commercial activity; the name and date of birth of the licensee or license applicant for such a business; whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises; 5.402(4) Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. 5.402(5) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. 5.4O2(6) Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. 5.402(7) No pool hall licensed under this section: (i) shall be located: (a) within three hundred (300) feet of any school building or church, or, (b) if no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church; (ii) Any pool hall or billiards hall operating pursuant to Section 5.402(7)(i)(b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. 5.402(8) For any person operating a pool hall or billiards hall pursuant to this section 5.402, a conditional use permit shall be required and issued pursuant to and in accordance with the provisions of Chapter 9.105(5). 5.402(9) The license may be revoked or suspended in accordance with this Chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) (b) (c) (d) (e) Fraud, deception or misrepresentation in connection with the securing of a license; Conduct inimical to the interests of public health, safety and welfare; Conduct involving moral turpitude; Conviction of an offense involving moral turpitude by any court of competent jurisdiction; Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) throuoh (e) above, it shall be orounds for revocation of the license if the Police Department for the City received five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operatino the licensed pool hall: fencing of stolen ooods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. Shall hereafter be amended to read as follows: SECTION 2 POOLIBILLIARD HALLS 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person: (a) Possesses a license issued pursuant to the provisions of this chapter; and (b) Is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) For any person operating a pool hall or billiards hall pursuant to this section, a Conditional Use Permit shall be required and issued pursuant to and in accordance with the provisions of ~napter-~t'95~ the Zoning Ordinance. 5.402(3) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defined by 5.411(2)(b- e). 5.402(4) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) (b) (c) (d) The nature of other licensed or proposed business or commercial activity; The name and date of birth of the licensee or license applicant for such a business; Whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; Whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises. 5.402(5) Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. 5.4O2(6) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. 5.402(7) Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. 5.402(8) No pool hall licensed under this section ~) shall be located: (a) Within three hundred (300) feet of any school building or church, or (b) If no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church. 5.402(9) Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person not at least 18 years of age from remaining in the establishment as a patron beyond ~ hour prior to their curfew with notification given by the establishment one hour prior to curfew. The curfew requirements shall be prominently displayed inside at all entrances and exits to the business and in at least two other locations inside the hall. 5.402(10) The license may be revoked or suspended in accordance with this chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; (b) Conduct inimical to the interests of public health, safety and welfare; (c) Conduct involving moral turpitude; (d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction; (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City receives five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool/billiard hall: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary City of Columbia Heights Youth Initiative Commission MEMORANDUM To: From: Pxe: Date: Columbia Heights City Council Mart Linn~en, Facilitator Pool Hall Ordinance Change April 22. 1998 At the March 17m meeting of the Youth Initiative Commission, representatives of Jimmy's Pro Billiards approached the Commission seeking its support ~br proposed changes to the C~lumbia Heights Pool Hall Ordinance. [n the following weeks, there has been a ~eat deal of discussion regarding this issue. I, along with many others involved w/th this situation, have been contacted by concerned citizens and others who deal with youth on a dailv basis. I have met with the Central Middle School PTA and the Middle School principal t~ hear their concerns and share any information. At the April 6th meeting of the Youth [nitiat/ve Commission, Council members Ruettimann and Jolly were in attendance to share their concerns, as were Captain Olson of the CHPD and representatives of Jimmy's Pro Billiards. After tabling the matter at the April 6th meeting, the Commissioners once again took up the issue at the April 20th meeting. That meeting included a tour of Jimmy's. Pro Bil~ards. Following the tour and discussion w/th Dave Wagner, one of the owners of Jimmy's Pro Billiards, the Commission took the following action: Motion by Wakal, second by Worcester to recommend to the City. Council approval of Ordinance,. '~ 1370 which would read as follows: "5.402(9) Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit anv person in the 8m grade and younger from enter/ng the establishment as a patron t~nless accompanied by a parent or legal guardian, and further, that anv person not at least 18 vears of age shall be prohibited from remainina in the establishTrnent as a patron beyond ;5 hour prior to their curfew w/th notification of the upcoming curfew given by the establishment one hour pr/or to said curfew." Roll call: All ayes. Motion carried. Motion by Wakal, second by Worcester to recommend to the Cirv Council that Project Safety. Net be utilized in doing curfew enfbrcement as it pertains to the 1~ool hall. Roll call: Alt ayes. Motion cart/ed. 530 Mill Street NE. Columbia Heights, MN 55421 (612) 78.~-_860 DRAFT ORDINANCE NO. 1370 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD HALLS The City of Columbia Heights does ordain: Section 2: Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person (a) possesses a license issued pursuant to the provisions of this chapter; and (b) is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.4O2(2) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defined by 5.411(2)(b-e). 5.4O2(3) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) (b) (c) (d) the nature of other licensed or proposed business or commercial activity; the name and date of birth of the licensee or license applicant for such a business; whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises; 5.402(4) Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. 5.402(5) 5.402(6) 5.402(7) 5.402(8) 5.402(@) (a) (b) (c) (d) (e) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. No pool hall licensed under this section: (i) shall be located: (a) within three hundred (300) feet of any school building or church, or, (b) if no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church; (ii) Any pool hall or billiards hall operating pursuant to Section 5.402(7)(i)(b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. For any person operating a pool hall or billiards hall pursuant to this section 5.402, a conditional use permit shall be required and issued pursuant to and in accordance with the provisions of Chapter 9.105(5). The license may be revoked or suspended in accordance with this Chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: Fraud, deception or misrepresentation in connection with the securing of a license; Conduct inimical to the interests of public health, safety and welfare; Conduct involving moral turpitude; Conviction of an offense involving moral turpitude by any court of competent jurisdiction; Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for ticensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City received five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. Shall hereafter be amended to read as follows: SECTION 2 pOOL/BILLIARD HALLS 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person: (a) Possesses a license issued pursuant to the provisions of this chapter; and (b) is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) For any person operating a pool hall or billiards hall pursuant to this section, a Conditional Use Permit shall be required and issued pursuant to and in accordance with the provisions of ~ the Zoning Ordinance. 5.402(3) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defined by 5.411(2)(b-e). 5.402(4) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: 5.402(5) 5.402(6) 5.4O2(7) 5.402(8) ~ 5.402(9) 5.402(10) (a) (b) (c) (d) The nature of other licensed or proposed business or commercial activity; The name and date of birth of the licensee or license applicant for such a business; Whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; Whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises. Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. No pool hall licensed under this section (+) shall be located: (a) Within three hundred (300) feet of any school building or church, or (b) If no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church. Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian except when involved in an official school, religious, or other recreational activity sponsered and/or supervised by a public entity or civic organization. The license may be revoked or suspended in accordance with this chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; (b) Conduct inimical to the interests of public health, safety and welfare; (c) Conduct involving moral turpitude; (d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction; (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City receives five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool/billiard hall: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary DRAFT ORDINANCE NO. 1370 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD HALLS The City of Columbia Heights does ordain: Section 2: Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person (a) possesses a license issued pursuant to the provisions of this chapter; and (b) is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.4O2(2) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defined by 5.411(2)(b-e). 5.4O2(3) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) (b) (c) (d) the nature of other licensed or proposed business or commercial activity; the name and date of birth of the licensee or license applicant for such a business; whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises; 5.4O2(4) Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. 5.402(5) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. 5.402(6) Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. 5.402(7) No pool hall licensed under this section: (i) shall be located: (a) within three hundred (300) feet of any school building or church, or, (b) if no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church; (ii) Any pool hall or billiards hall operating pursuant to Section 5.402(7)(i)(b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. 5.402(8) For any person operating a pool hall or billiards hall pursuant to this section 5.402, a conditional use permit shall be required and issued pursuant to and in accordance with the provisions of Chapter 9.105(5). 5.402(9) The license may be revoked or suspended in accordance with this Chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) (b) (c) (d) (e) Fraud, deception or misrepresentation in connection with the securing of a license; Conduct inimical to the interests of public health, safety and welfare; Conduct involving moral turpitude; Conviction of an offense involving moral turpitude by any court of competent jurisdiction; Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City received five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. Shall hereafter be amended to read as follows: SECTION 2 POOL/BILLIARD HALLS 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person: (a) Possesses a license issued pursuant to the provisions of this chapter; and (h) Is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) For any person operating a pool hall or billiards hall pursuant to this section, a Conditional Use Permit shall be required and issued pursuant to and in accordance with the provisions of ~ the Zoning Ordinance. 5.402(3) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billiards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defined by 5.411 (2)(b- e). 5.402(4) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: 5.402{5) 5.402(6) 5.402(7) 5.402(8) ~ 5.402(9) 5.402(1 O) (a) (b) (d) The nature of other licensed or proposed business or commercial activity; The name and date of birth of the licensee or license applicant for such a business; Whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; Whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises. Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. No pool hall licensed under this section fi) shall be located: (a) Within three hundred (300) feet of any school building or church, or (b) If no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church. Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person not at least 14 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. Any person not at least 18 years of age shall be prohibited from remaining in the establishment as a patron beyond ½ hour prior to their curfew with notification given by the establishment one hour prior to curfew. The curfew requirements shall be prominently displayed inside at all entrances and exits to the business and in at least two other locations inside the hail. The license may be revoked or suspended in accordance with this chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; (b) Conduct inimical to the interests of public health, safety and welfare; (c) Conduct involving moral turpitude; (d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction; (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City receives five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool/billiard hall: fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary City of Columbia Heights Youth Initiative Commission To: From: Re: Date: Columbia Heights City Council Matt Linngren, Facilitator Appointment of Youth Initiative Commission member April 22, 1998 In keeping with Article IV, Section 4 of the By-Laws of the Youth Initiative Commission, the Commission at its April 6th meeting voted to remove Jennifer Pajak from the Youth Initiative Commission, and to recommend to the City Council that Colleen Day be appointed as her replacement for the remainder of the term which expires August 31, 1998. Recommended motion: Motion by ~ second by to appoint Colleen Day to the Columbia Heights Youth In/tiative COmmission to fill the term which expires August 31, 1998. 530 Mill Street NE, Columbia Heights, MN 55421 (612) 782-2860 CITY COUNCIL LETTER Meeting of: April 27, 1998 AGENDA SECTION: Other Business ORIGINATING DEPT.: CITY MANAGER NO: ~7 Community Development APPKOVAL ITEM: Adopt Life Cycle Housing Study BY: Joe Hollman ,~ BY: NO: ~7o p..- ~,~ DATE: April 21, 1998 Issue Statement: Nancy Reeves and Associates has prepared a Life Cycle Housing Study for the City of Columbia Heights. The purpose of this study is to determine what changes Columbia Heights will need in order to have a housing supply that will meet the needs of the population in the year 2010 and beyond. Portions of this study are recommended to be incorporated into the Comprehensive Plan. Background: Nancy Reeves attended the Planning and Zoning Commission meeting on April 7 to present information pertaining to the study and to answer questions. Attached, please find a copy of the Life Cycle Housing Study and the related Cluster Market Analysis for Columbia Heights, Crystal, and New Hope. As you are aware, Columbia Heights is in the process of updating the City Comprehensive Plan. One of the required elements of the Plan update is a section dealing with housing issues. Page 24 of the Study provides recommendations for using this Study with the Comprehensive Plan. This section also contains recommendations for changes to the Livable Communities goals. Regarding implementation efforts, please refer to Page 19 which identifies the recommended changes to the housing supply in Columbia Heights between now and the year 2010. The Planning and Zoning Commission voted to recommend that the Life Cycle Housing Study be incorporated into the Comprehensive Plan and the Livable Communities goals. Recommended Motion: Move to accept the Life Cycle Housing Study as an informational tool for the Comprehensive Plan update, and direct staffto review the Study to determine which elements will be used for the Comprehensive Plan and Livable Communities goals. Alternative Motion: Move to accept the Life Cycle Housing Study as a resource for the Comprehensive Plan update and Livable Communities goals. COUNCIL ACTION: Nancy Reeves and Associates 1725 Summit Avenue Sa Paul, Minnesota 55105 (612) 644-o635 MEMORANDUM Date; March 11, 1998 To: Ken Anderson, Columbia Heights Kirk McDonald, New Hope Anne Norris, Crystal From: Nancy Reeves Sl.lbject: Life Cycle Housing Cluster Market Analysis for the Cities of Columbia Heights. Cry. stal and New' Hope You will recall that part of the plan for Life Cycle Housing Studies for your cities was a broader market analysis of the area. OrigSnally. the market area would have been somewhat larger, but 2 of the cities originally in the group. Brooklyn Center and Robbinsdale, have elected not to participate. In the course of preparing the life cycle housing studies for Columbia Heights, Crystal and New Hope. one conclusion particularly stands out. These first-ring, fully-developed cities have far more commonality, than differences in their housing needs, now and into the future. And. it would not be the least bit surprising to learn that many oft. he remaining first-ring, fully-developed cities throughout the metropolitan area share ~milar housing characteristics. Because of these common housing characteristics, such as large supplies of affordable single-family homes and very smaU supplies of move-up homes and attached ownership housing units, it is not likely that any of the cluster cities can expect to meet their un.met housing needs in any of the other cities in the cluster. However, because of their similarities, the cluster cities, and perhaps other first-ring suburbs as well, may find it beneficial to work together on developing strate~es and programs to help meet their housing needs into the twenty-first century. It will also be important for the cluster cities to work with their second and third-ring neighboring communities to help to balance the overall housing supply in the north metro area. The housing market analysis for the Columbia Heights. Crystal and New Hope cluster is attached. Once again, thank you for the oppommity to work with you on this important housing project. Life Cycle Housing Market Annlysis for the Columbia Heights, Crystal and New Hope Cluster Introduction During 1997, life cycle housing studies were prepared for the ckies of Colnmbia Heights, Crystal and New Hope to determine the .v~es o£housing that would be needed in these cities by the year 2010. Age forecasts were prepared for each city, and the results were translated to needs for various types and values of housing. In each case. the i_mp, ortance of flexibility in the housing market was emphasized, due to the inevitability of changing demographics over time. Because very few cities within a larger market area can ever expect to be entirely self- sufficient in meeting the housing needs of every population group over a long period of time. it is anticipated that there will be some need for movement among cities. A goal of the cluster planning approach was to see if the unmet housing needs of some cities could be met by housing surpluses in other cities. Perhaps if the number of cities in the cluster had been larger, some opporrtmities for exchange could have been identified. However. withi~ this small cluster of cities, the housing needs and ,types of housing available were extremely similar. All 3 cities tended to have the same oversupplies and the same shortages. In each case, people looking for housing ,types that were in short supply in these communities tended to move to newer, developing communities, rather than to other fully-developed communities. Findings A comparison of the age groups forecasted for each of the cluster cities for the year 2010 demonstrates that each of the cities has a large share of older population. See Table One. Table One Population by Age Group - 2010 Cities of Columbia Heights, Crystal and New Hope Are Group 1 Columbia Heights [ Cr?',stal New Hope 0-5 1,396- 7.2% [ 1,330- 5.5% 1,398- 6.4% 6-17 3,342- 17.1% 3,485- 14.5% 3,072- 14.0% - 9.9~o 2.368 9.9% 1,916 8.7% 18-24 1.933 o, . . 25-34 2.362- 12.1% 2.953- 12.3% 2,744- 12.5% 35-54 5~243 - 26.9o,`o 6.911 - 28.8% 6.626 - 30.1% 55-64 2,824- 14.5% 3.921- 16.3% 3.381- 15.4°/o - 1.~.0 '/o 65+ 2.400- 12.3% 3.032 12.6% 2,863- ~ o -Totals { 19.500 2'4.000 ~ 22.000 For each city in the cluster, less than half of the population will be under the age of 34 by the year 2010. The first-time homebuyer age group, ages 25-34, will be just 12.1 to 12.5 percent of the population. In 1990, this age group accounted for between 17.8 and 20.6 percent of the population. The market for starter homes will be dropping throughout the cluster. At the same time, the move-up housing age group, ages 35-54, will be increasing from 24.2 to 25.4 percent in 1990 to 26.9 to 30.1 percent in 2010. This large move-up housing market represents more than twice as many people as the first-time homebuyers by the year 2010. Based on the age group forecasts, along with other factors, the housing types needed in the cluster cities by the year 2010 are shown in Table Two. Table Two Housing Types Needed in the Year 2010 Cities of Columbia Heights, Crystal and New Hope Housing Type t Columbia Hts. I Crystal {New Hope Totals i ...Afl' S.F. Home 2.412 t 3.902 1.750 8,064- 29.~ Vo~° Move-Up S.F. 2.666 I 3.020 2.563 8,249- 30.0% Afl. Rental 1.466 t 1.275 1.675 4,416.16.1% Other Rental 1.256 i 1.278 2.460 4,994- 18.1% Other Attached 600 [ 500 687 1.787- 6.5% ~,,, Totals 8.400 [ 9.975 9.135 27.510 Source: Nancy Reeves and Associates The existing housing supply in all cities in the cluster is considerably different than the forecasted needs. For example, the need for affordable sinCe-family homes (starter homes) is just over 29 percent in the cluster, while the supply ofthls housing type is over 62 percent, more than two homes for every, one needed. At the same time, the need for move-up sinCe-family homes is 30 percent of the total need for the cluster, but less than 3 percent of the existing housing supply. See Table Three for in.formation on the cluster's existing housing supply. Table Three Existing Housing Supply, by Housing Type Cities of Columbia Heights, Crystal and New Hope Housing Type Columbia Hts. t Crystal I New Hope Totals Afl. S.F. Home 4.928 7.067 4.345 16,340- 62.1% Move-Up S.F. 205 144 378 727- 2.8% A~. Kental 1.335 1.0 i0 1.551 3,896 - 14.8% Other Kental 966 1.094 2.233 4,293 - 16.3% Other Attached 501 242 330 1,073- 4.0% Totals 7,935 9.557 8.837 26,329 Sources: Nancy Reeves and Associates. U. S. Census, Metropolitan Council Because there is very, little vacant land in any of the cluster cities, new move-up housing units will not be able to be built in sufficient quantities to meet the forecasted needs. However. existing affordable housing is ah'eady being upgraded, and more of this type of actMty is encouraged throu~out the cluster cities to help to meet the need for move-up housing. At the same time. the existing supply of affordable single-family housing in the cluster cities represents a resource that is not likely to be replicated in newly-developing areas. For this reason, movement between the cluster cities and developing areas may be necessary, in order for people in the developing areas to find affordable housing, while people in the cluster cities seek move-up housing in the developing areas. Where vacant land can be found, or redevelopment sites assembled, it is probably the highest priori~, to build additional housing suitable for empty-nesters and older people, since they are the least likely to want to pull up stakes and move away from their home communities. Conclusions and Recommendations (1) The population is aging, with ~owth in the move-up homebuyer, empty-nester and older population ~oups. These age shifts lead to greater demand for move-up single- family homes, rental units, and attached housing units, as well as one-story units for both ownership and rental. (2) The percentage of younger first-time home buyers is shrinking, leading to less demand for starter home-ownership units (affordable sin~e-family homes). (3) The predominant existing housing type in each ofthe cluster cornrmmlties is affordable single-family homes, which represent from 49.2 to 73.9 percent of the existing housing supply, but ozfly 19.1 to 39.1 percent of the housing need in 2010. There is a significant oversupply of affordable single-family homes, along with a shortage of move-up homes and housing for older people, in the cluster cities. (4) The need for a flexible housing mix is also important for each of the cluster communities. Housing .types such as rental apartments at all cost levels, condornirni~rn~, co-operatives, and townhouses, as well as one-story single family homes, are all housing .l~es that are more fle~'ble ~an the predominant housing ,t3tpe being built during the 1990s. the large two-story single-family home. Housing that can be occupied by more than one age group, income level or £amily type will serve a community well as the demographics of the area continue to ehift. The cluster cities tend to have a more flexible housing supply than many of the newer, developing communities. (5) Each community, in the cluster has a large supply of one-story single-family housing. Tiffs is an important housing resource to be preserved, because it can serve the needs of various income levels and age groups. Blocks or neighborhoods of one-story homes may wish to explore establisking home-owners associations that kire various services for their residents, such as lawn mowing, snow shoveling, and other exterior maintenance tasks. These services could allow older people to remain in their homes, and they would also be helpful to sin~e-parent households and other population groups. (6) In general, each of the commtmities in the cluster would benefit from a long-range housing strategy that gradually moved in the direction of a more flexible, balanced housing supply. In each case. additional rental units and attached ow~aership housing units are needed. But the largest need in each of the communities is to increase the move-up housing supply, generally not by new construction, but by upgrading of some of the existing single-family homes. (7) It is probably not realistic, let alone desirable, to assume that all of the extra affordable sinCe-family housing in the cluster cities can be converted to move-up housing. For that reason, the cluster cities can anticipate that they will continue to provide a greater share of the affordable housing resources of the region as a whole than their own residents would be expected to need. Existing affordable single-f~mi~y homes are a resource that cannot be duplicated in today's housing market. They should be carefully preserved and, to the extent that they constitute a surplus, made available for use by people from communities throughout the re,on. ($) If cluster cities, and perhaps other fully-developed communities in the region~ carry the largest share o£the burden of providing housing for lower-income households, which tex~ds to pay lower prope~ taxes while having equal or higher service needs, perhaps they should be able to receive some kind of compensation to make up for this. This compensation could be in the form of bonus ranking points toward transportation or other types of federal, state or regional grants applied for by the cities. Other types of compensatio~ could also be considered. (9) Finally, because most of the housing units in the cluster cities were built more than 30 (multi-family) or 40 (single-family) years ago. the housing units need careful maintenance and repair. The cluster cities should work together to encourage homeowners to preserve and upgrade their housing units: and they should urge metropolitan and state government to provide greater funding resources to cities to assist in these efforts. Prepared by Nancy Reeves and Associates February, 1998 Table of Contents Introduction Population and Housing in Columbia Heights in 1990/95 Population Foreea~c~ by Age Group Housing Needs by Age Group Housing Needs in Columbia Heights in the Year 2010 Discussion of Recommended Changes in the Columbia Heights Housing Supply Recommendations for Using This Study with the Comprehensive Plan List of Tables Table One. Table Two. Table Three. Table Four. Table Five. Table Six. Table Seven. Table Eight. Table Nine. Table Ten. Figure One. Figure Two. Figure Three. Figure Four. Age of Population, 1980 and 1990 Housing Types - 1990 Population by Age Group, 1980 - 2010 Age Comparisons, 1990/2010, Columbia Heights/Metro Area Age Comparisons, 1990/2010, Columbia Heights/Crystal/New Hope Ownership and Rental Housing by Age Group, 1990 Columbia Heights Housing Supply, 1990 Estimated Housing Needs by Population Group, 2010 Estimated Housing Needs by Housing Type, 2010 Comparison of 2010 Housing Needs and 1995 Housing Supply List of F~m'es Housing Rental/Ownership Comparisons - Columbia Hts./Metro Area Younger/Older Age Groups in Columbia Heights - 1990/2010 Younger/Older Age Groups in Metro Area - 1990/2010 Comparison of 2010 Housing Needs and 1990 Housing Supply 3 4 7 12 14 19 24 4 6 7 8 11 12 14 15 16 18 5 9 10 17 2 Introduction Cities throughout the Twin Cities Metropolitan Area will experience, to varying degrees, the aging of the population over the next several decades. To accommodate anticipated changes in the age groups of their populations, cities will need diverse and flem'ble housing supplies that can be called upon to meet the needs of various age groups. The purpose ofthi_q Life Cycle Housing Study is to determine what changes the City of Columbia Heights will need in order to have a housing supply that will meet the needs of the population in the year 2010 and beyond. The study begins with a picture of the community in the current decade (1990 Census) and moves on to the year 2000 and then 2010, using changes in the age groups of the population, as well as other factors such as turnover of the existing housing supply, to determine what types of housing the community will need to meet the demands of the future. Special housing characteristics of the community, such as the existence of an ample supply of reasonably-priced, one-story single-family homes, are also taken into account. With the information contained in the Life Cycle Housing Study, the community will be in a good position to plan for future housing development and redevelopment needs. It will be able to anticipate both shortages and oversupplies of various housing types, if any, which may also serve to protect the housing values of the city's current housing supply. The information provided by the Life Cycle Housing Study can be used by Columbia Heights to review its comprehensive plan housing goals, as well as its goals under the Livable Communities Act. In a city such as Columbia Heights, with very little land available for housing development, it is particularly important that development and redevelopment decisions be made carefully and with as much supporting information as possible. As with any forecast, the numbers contained in this report are estimates. Many unforeseen events could occur that might change the forecasted housing needs, both in Columbia Heights and in the larger market area. The economy could change, affecting the income levels of people in many age groups. Major over-building, or under-building, of particular housing types in surrounding communities could also affect housing demand in. Columbia Heights. However, in spite of these or nlmilar events beyond the control of the city, it is still important for Columbia Heights to make every effort to provide housing most likely to be needed in the future. Population and Itousin~ in Columbia lteights in 1990 and 1995 Population While the City of Columbia Heights lost population between 1980 and 1990, going from 20,029 to 18,910 residents, the city actually gained a total of 423 households, moving from 7,343 to 7,766 households. Between 1980 and 1990, Columbia Heights showed a considerable increase in the older population group aged 65 and over, and a slight increase in the empty-nester group (ages 55 to 64). The move-up home buyer group (ages 35 to 54) remained stable, while the first-time home buyer group (ages 25 to 34) had a si~nificant increase. Among the youngest population groups, only the 0 to 5 year-olds increased, while the 6 to 17 and 18 to 24-year old groups dropped considerably. See Table One. Table One Age of Population, 1980 and 1990 City of Columbia ¥1eights Age Group 1980 1990 0-5 1,322- 6.6% 1,492- 7.9% 6-17 3,864- 19.3% 2,629- 13.9% 18-24 2,861 - 14.3% 1,761 - 9.3% 25-34 3,003- 15.0% 3,360- 17.8% 35-54 4,834 - 24.1% 4,578 - 24.2% 55-64 2,158- 10.8% 2,181 - 11.5% 65+ 1,987- 9.9% 2,909- 15.4% Totals 20,029 18,910 Source: 1980 and 1990 Census, Metropolitan Council Between 1990 and 1995, Metropolitan Council estimates indicate that Columbia Heights had a slight population loss, going bom 18,910 to 18,681 people, a reduction of 229 people. At the same time, Columbia Heights actually gained a few households, going from 7,766 to 7,771, an increase of 5 households. Housing The 1990 Columbia Heights housing supply increased by 512 units over 1980, from 7,463 to 7,975 units. The new units built during that time period were of various types, including several hundred apartment units, as well as single-family detached and townhouse units, and a few duplex units. 4 The housing supply in Coh,mhia Heights is 6milsr to the average for the Twin Cities metro area in terms of the percentage of owner-occupied and renter-occupied housing. In Columbia Heights, just over 70 percent of the housing is owner-occupied, while the figure for the Metro Area is 68 percent owner-occupied. Rental housing makes up about 30 percent of the housing in Coh,rnhia Heights, and 32 percent in the Metro Area. See Figure One. Figure One tlousing Rental/Ownership Percentages, 1990 Columbia Iieights, Twin Cities Metro Area Ovma**.occ~iecl l~er-oc~ecl Source: 1990 Census, Metropolitan Council Flexible Housing As a community becomes fully-developed, it is important that its housing supply be adaptable to the changing housing needs ora variety of population age and income groups. The percentage of rental housing in Columbia Heights is almost equal to the Metro Area average, as is Columbia Heights' percentage of single-family attached housing, both of which are adaptable to the housing needs of various age groups. Also an asset are the large nnmber of affordable, one-story homes that may be able to meet the needs of older people, as well as the needs of young families. See Table Two for informstion on the variety of housing types in Columbia Heights. Table Two ]lousing Types - City of Columbia ]leights, 1990 Housing Type Total Units l~ercent Single-Family Detached 5,133 64.9% Single-Family Attached 501 6.3 % Twin Home 546 6.9% Multi-Family 3-4 Units 192 2.4% Multi-Family 5-49 Units 1,045 13.2% Multi-Family 50+ Units 497 6.3% Total Units 7,914 Source: 1990 Census, Metropolitan Council Population Forecasts The Metropolitan Council forecasts a population of 19,000 people for Colnmhia Heights in the year 2000 and 19,500 people in 2010. These figures represent an increase over the 1990 and 1995 numbers. Total households are also forecasted to increase from 7,771 in 1995 to 7,800 in 2000 and 8,000 in the year 2010. Using a standard vacancy rate of 5 percent, the total number of housing units needed in Columbia Heights will be 8,190 in 2000 and 8,400 in the year 2010. It is also of interest to note that the Metropolitan Council has forecasted considerable employment growth in Columbia Heights, from 4,536 jobs in 1990 to 6,100 jobs in 2010. This is an increase of 34.5 percent, which is greater than the Metro Area forecast of 32.4 percent employment growth for the same time period. Table Three shows the age groups of the Cob~mbia Heights population and how they are forecasted to change from 1980 and 1990 to 2000 and 2010. Table Three Population by Age Group, 1980-2010 City of Columbia lleights Age Group 1980 1990 2000 2010 0-5 1,322- 6.6% 1,492- 7.9% 1,383- 7.3% 1,396- 7.2% 6-17 3,864- 19.3% 2,629-.13.9% 3,313- 17.4% 3,342- 17..1% 18-24 2,861-14.3% 1,761- 9.3% 1,534- 8.1% 1,933- 9.9% 25-34 3,003- 15.0% 3,360- 17.8% 2,418- 12.7% 2,362- 12.1% 35-54 4,834 - 24.1% 4,578 - 24.2% 5,649 - 29.7% 5,243 - 26.9% 55-64 2,158- 10.8% 2,181 - 11.5% 2,289- 12.0% 2,824- 14.5% 65+ 1,987- 9.9% 2,909- 15.4% 2,414- 12.7% 2,400- 12.3% Totals 20,029 18,910 19,000 19,500 Sources: 1980 and 1990 Census; 2000 and 2010 Forecasts: Metropolitan Council, Nancy Keeves and Associates Age Group Changes in Columbia Heights - 1990 - 2010 The population of Coh~mbia Heights is expected to increase to 19,500 by the year 2010, with considerable .~hif~ing among age groups. The percentage of children ages 0 to 17, which had declined between 1980 and 1990, will increase from 21.8 percent in 1990 to 24.3 percent in 2010. Yotmg adults, ages 18 to 24, will also increase a little, from 9.3 percent in 1990 to 9.9 percent in 2010. On the other hand, the first-time homebuyer age group, ages 25 to 34, is forecasted to decrease considerably from a high of 17.8 percent in 1990 to 12.1 percent in 2010. Taken together, the younger population groups decreased somewhat between 1990 and 2010, going from 48.9 percent of the population to 46.3 percent. Judging from the increases in the children and young adult populations, however, the population of first-time homcbuyers may begin moving up again by the year 2020. While the younger population groups went down in population, the older groups were increasing, from 51.1 percent of the population in 1990 to 53.7 percent in 2010. Move-up homebuyers, ages 35 to 54, hit a peak of 29.7 percent in the year 2000, and remained high in 2010 at 26.9 percent, compared to 24.2 percent in 1990. At the same time, the empty-nesters, ages 55 to 64, continued a steady rise, from 11.5 percent in 1990 to 14.5 percent by 2010. The older population, ages 65 and over, peaked in 1990 at 15.4 percent, and went to 12.3 percent by 2010. However, with the high figures in the move-up and empty-nester groups in 2010, it is anticipated that the percentage of older people will increase again by 2020. Comparisons to the Twin Cities Metro Area as a Whole The trend in Columbia Heights is toward a somewhat older population by 2010, although the year 2020 will probably see even higher percentages of the older population groups. How does this compare with age groups for the metro area as a whole? See Table Four for 1990 and 2010 comparisons between Columbia Heights and the Twin CRies Metro Area. Table Four Age Group Comparisons, 1990 and 2010 Columbia Heights and the Twin Cities Metro Area Age Group Col. Hts. - Col. Hts. - Age Group Metro Area Metro Area 1990 2010 - 1990 - 2010 0-5 7.9% 7.2% 0-4 8.1% 6.3% 6-17 13.9% 17.1% 5-14 14.2% 13.1% 18-24 9.3% 9.9% 15-24 13.9% 14.4% 25-34 17.8% 12.1% 25-34 2014% 13.8% 35-54 24.2% 26.9% 35-54 26.4% 30.1% 55-64 11.5% 14.5% 55-64 7.2% 11.5% 65+ 15.4% 12.3% 65+ 9.7% 10.7% Sources: Metropolitan Council; Nancy Reeves and Associates The population of the metro area as a whole is getting older, but in a somewhat different pattern than Columbia Heights. The population of Columbia Heights got older before the metro area as a whole, and now the metro area is catching up. In 1990, 56.6 percent of the metro area population was in the younger population groups (ages 0 to 34), compared 8 to only 48.9 percent of the Columbia Heights population. By 2010, the younger population groups are forecasted to drop to 46.3 percent in Colnmbia Heights, a .~nall decline, while dropping to only 47.6 percent for the metro area, a much larger decline. By 2010, the age groups in Columbia Heights will actually be quite comparable to those in the metro area as a whole, with 52.4 percent of the metro area population in the older groups (ages 35 and over), and 53.7 percent of the Colnmhia Heights population in the older age groups. See Figures Two and Three. Figure Two Younger and Older Age Groups, 1990 and 2010 Columbia Heights 54.00% 52.00% 50.00% 1990 2010 Sottrces: Metropolitan Council, Nancy Reeves and Associates Figure Three Younger and Older Age Groups, 1990 and 2010 Twi~ Cities Metro Area 0.00% 1990 2010 Source: Metropolitan Council Comparisons to Other Cities in the Market Area Life Cycle Housing Studies similar to this one have also been completed for the cities of Crystal and New Hope. Age group comparisons for these cities are shown in Table Five. ]0 Table Five Age Group Comparisons, 1990 and 2010 Columbia Heights, Crystal and New Hope City Percent Younger Percent Older Population Population Columbia Heights, 1990 48.9% 51.1% Columbia Heights, 2010 46.3% 53.7% Crystal, 1990 52.2% 47.8% Crystal, 2010 42.2% 57.8% New Hope, 1990 50.7% 49.3% New Hope, 2010 41.6% 58.4% Sources: Metropolitan Council, Nancy Reeves and Associates While the three cities are all showing aging of their populations, it is interesting to note that in 1990, Columbia Heights had the highest percentage in the older population groups (ages 35 and over), at 51.1 percent. However, by the year 2010, the percentage share of older people in Columbia Heights was lower than either Crystal or New Hope. 11 Housing Needs by A~e Grouo Information about the age groups of a population can be used to project the types of housing that will be needed in the community. Housing needs can be roughly equated to age categories as follows: Age Grouo Housini! Needs 18-24 - New Households 25-34 - First-Time Homebuyers 35- 54 - Move-Up Homebuyers 55-64 - Empty-Nesters 65+ - Older Residents Affordable Rental Housing Starter Single-Family Homes, Attached or Detached, or Remain in Rental Housing Move-Up Single-F~mily Homes Remain in Single-Family Homes, or Move to Attached Owner~ or Rental Housing Remain in Single-Family Homes, or Move to Attached Ownership or Rental Housing To test the housing type needs and preferences of the age groups described above, the 1990 Census can be consulted for information on ownership and rental housing, by age of the head of household. For each age group, the Census provides the number of households actually living in rental,, or ownership, housing in 1990. This information is sho~m in Table Six. Table Six Ownership and Rental Housing by Age Group, 1990 Cit3' of Columbia Heights Age Group Ownership - Number of Rental - Number of Households and Percent Households and Percent of Age Group of Age Group 15-24 30 - 10.7% 250- 89.3% 25-34 880 - 55.5% 705 - 44.5% 35-54 1,966 - 77.6% 567 - 22.4% 55-64 1,187 - 87.7% 167 - 12.3% 65+ 1,402 - 69.6% 612 - 30.4% Totals 5,465 2,301 Source: 1990 Census, Metropolitan Council 12 Not surprisingly, households in the 35 to 54 and 55 to 64 age groups are pl'jrnarily home owners, with 77.6 percent and 87.7 percent, respectively. Over two-thirds of the older people, ages 65 and over, also live in their own homes, with 69.6 percent. This is well over l~h¢ percentage in New Hope, where only 37 percent of the older people live in their own homes. But it is lower than Crystal, where 82.5 percent of the older people remain in their single-family homes. Only the new households, ages 15 to 24, are primarily renters, with 89.3 percent renting their housing. The high percentages of home ownership in Columbia Heights are reflective, of course, of the available housing supply, which is over 70 percent owner-occupied. Housing Needs in Columbia Heights in the Year 2010 Population Changes Between 1990 and 2010, the total population of Columbia Heights will increase from 18,910 to 19,500, an increase of 590 people. In households, the increase will be from 7,766 in 1990 to 8,000 in 2010, an increase of 234. In housing units, allowing for the standard vacancy rate of 5 percent, the total number of housing units needed by 2010 will be 8,400. This represents an increase of 486 units from the 1990 total of 7,914 units. Based on the population and age forecasts, the city of Columbia Heights will have increases in the 35 to 54 (Move-Up Buyer) and 55 to 64 (Empty-Nester) age groups, and a slight increase in the 18 to 24 (New Household) group. The First-Time Homebuyer (ages 25 to 34) and Older (ages 65 and over) groups will show decreases. The Columbia Heights Housing Supply The housing types available in Columbia Heights are shown in Table Two, page 4. Another way to look at the city's housing supply is using the Livable Communities Act categories to determine the availability of affordable and life cycle housing. These will be the categories used to forecast furore housing needs for Columbia Heights. According to the Metropolitan Counc~ 96 percent of the city's single-family housing is affordable to households at 80 percent of the area's median income, and 58 percent of the rental housing is affordable to households at 50 percent of the median income. Blending this information with the basic housing type data in Table Two provides a more detailed look at the housing available in Columbia Heights. See Table Seven. Table Seven Housing Supply - CiD, of Columbia Heights, 1990 Housing Type Number of Units Total Housing Units 7,914 Total Owner-Occupied Units 5,465 Total Affordable Owner-Occupied Units 5,246 - 96% of Owner-Occ. Units Total Kental Unit s 2,301 Total Affordable Rental Units 1,335 Total Attached Housin~ Units 2,849 Total Detached Housin~ Units 5,065 Sources: 1990 Census and Metropolitan Council. - 36% of All Units - 64% of All Units 14 h is noteworthy that almost every owner-occupied housing unit (96 percent) in Columbia Heights meets the Metropolitan Council's detlnltion of affordable under the Livable Communities Act. These are housing units valued at $115,000 or less in 1995, affordable to households with incomes of $40,000 or less, or 80 percent of the area median income. At the same time, while rental housing is less than 30 percent of the Colnmbia Heights housing supply, 58 percent of the rental units are considered affordable to lower-income households, with incomes of $25,000 per year or less. Finally, it is of note that Columbia Heights has a somewhat above-average supply of single-family attached housing units. Attached housing such as townhouses and condominium% with maintenance provided by residents' associations, is a type of housing of increasing interest to empty-nesters and older people seeking to move out of their single-family homes. 2010 Housing Needs Housing needs in Columbia Heights can best be forecasted by looking at the housing types generally preferred by people of various age groups. For this forecast, only the population groups 18 years of age and over will be used. It will be assumed that residents ages 0 to 17 will be living in households headed by adults. Table Eight shows the approximate number of housing units needed for each adult age group, as well as the housing types most often lived in by these age groups. Table Eight Estimated Housing Needs by Population Group, 2010 CiW of Columbia Heights Population Group 2010 Adult Units Unit Types Population Needed~ New Households. ( 18-24) 1,933 1,172 Affordable Rental, Attached First-Time Homebuyers 2,362 1,327 Starter Homes, Rental, (25-34) Attached Move-Up Buyers (35-54) 5,243 2,833 Move-Up Homes Empty-Nesters (55-64) 2,824 1,568 Attached, Rental, Single- Family Homes Older People (65+) 2,400 1,500 Rental, Attached, Single- Family Homes Total Units 8,400 Source: Nancy Reeves and Associates ~ Based on average household sizes of 1.65, 1.78, 1.85, 1.80, and 1.60 adults per household, in order by age group, beginning with ages 18-24. 15 Based on the current owner/renter percentages in Columbia Heights for each age group (Table Six), as well as the types of housing most commonly associated with various age groups, the housing types needed in Columbia Heights in 2010 can be estimated as shown in Table Nine. Table Nine Estimated Housing Needs by Housing Type, 2010 City of Columbia Heights Housing Type Est. No. of Units Owner-Occupied: Detached Single-Family Home - up to $115~000 2,412 Detached Single-Family Home - over $115,000 2,666 Renter-Occupied: Affordable Rental Housing - up to $500/mo. 1,466 Other Rental Housin~ - over $500/mo. 1,256 Other Attached Housin[[ - Townhouses, Condominium% etc. 600 Total Housin~ Units 8,400 Source: Nancy Reeves and Associates The final step is to take the estimated housing needs for 2010 and compare them to the existing housing supply. See Figure Four and Table Ten. 16 Figure Four Comparison of 2010 Housing Needs and 1990 Housing Supply City of Columbia Heights 1990 Supply ~12010 Need Afl. S. F, Move-Up S.F. Afl. Rentad Other Rer'ltaJ Att, H~,g. Sources: 1990 Census, Metropolitan Council, Nancy Reeves and Associates 17 Table Ten 2010 Housing Needs, as Compared to 1990 Housing Supply City of Columbia Heights Housing Type Total Units Units Recommended Changes Needed by Available 2010 in 1990 Owner-Occupied: Detached S.F. Home 2,412 4,928 Remove 25 substandard nnits. - up to $115,000 Maintain at least 2,412 existing nnits as affordable units. No new affordable single-family units are needed. Detached S.F. Home 2,666 205 Upgrade, modernize about 2,461 of - over $115,000 the existinl~ affordable units. Renter-Occupied: Affordable Rental - 1,466 1,335 Add 131 rent assistance certificates up to $500/mo. for existing rental units for families and older people. Other Rental - over 1,256 966 Add 421 additional market rate rental $500/mo. units, including 131 units to replace the 131 market rate units taken for rent assistance certificates. Other Attached 600 501 Add about 99 ownership townhouses Housing or condos, primarily for older people. Total Units 8,400 7,935 Net increase of 490 units needed. Source: Nancy Reeves and Associates 18 Discussion of Recommended Changes to the Columbia Heights Housing Suoolv The recommended changes to the Columbia Heights housing supply, while sJLmificant, are not impossible to achieve bevaeeen now and the year 2010. The changes will increase the flem'bility of the existing housing supply, which will help to m~nlmi~,¢ any changes that may be needed beyond 2010. Detached Single-Fami~ Homes - Up to $115,000 (Staner Homes) Recommendations: Remove up to 25 substandard units. Maintain at least 2,412 existing units as affordable single-fzmily homes. There is no need to build any additional units in this price range. As noted earlier, Columbia Heights has a large supply of housing in thig price range, considerably more than Census demand numbers would say are needed, particularly in view of forecasted decreases in the first-time homebuyer age group by 2010. However, many of the nnits in thi.~ price range have features that make them attractive to people who might actually be able to afford more expensive housing. They are well-maintained and in well-maintained neighborhoods with services available and cas3' access to employment. Many of the homes are one-story nnits that can be used by empty-nesters and older people, who might otherwise sell their single-family homes and move into other housing types. Over time, many of these units have held their value and shown increases which indicate that they may not remain in this price category into the next century. It is important that a hrge share ofthi.~ supply of affordable housing units be preserved as a resource, now and into the furore. At least 2,412 of the existing affordable homes should remain affordable to households at 80 percent of median income or less. This is particularly important since some of these units may have to take the place of affordable rental units or attached housing units that could otherwise meet the needs of both the youngest and oldest population groups in Columbia Heights. As is the case in almost any community, Columbia Heights will have a few homes that will not remain serviceable into the future. They will need repairs that cost more than the value of the homes, or will have to be cleared to make way for other types of development, or will have to be demoli.~hed for other reasons. Based on recent city actions, including establi.~hment ora Tlle district of older housing units, it is estimated that several homes per year will be in this category and will be removed from the city's housing supply. Because of the ample supply of affordable single-family homes already available, these demoli.~hed homes will not need to be replaced with similar homes, but may be able to make way for other housing types that will be needed in the community. However, if the number of homes demolished exceeds 55, a shortage of single-family housing, relative to the 2010 needs, could occur in the commllllity, unless the demolished units are replaced with new single-family homes. 19 Detached Single-Family Homes - Over $115,000 (Move-Up Homes) Recommendation: Maintain the existing move-up housing supply. Modernize and upgrade about 2,461 additional units from the existing supply of affordable single-family homes to the move-up housing category. The existing supply ofmove~up homes in Columbia Heights is very .emall~ with only 205 units (just 4 percent of the single-family housing supply) valued at more than $115,000 in 1995. However, between 1995 and 1997, the Multiple Listing Service report on homes sold in Columbia Heights indicates that more than 10 percent of the single-family homes sold in Columbia Heights were priced above $115,000. This figure represents 53 of the 518 homes sold during this time period. If this rate of increase were to continue on its own between now and the year 2010, many of the move-up housing units needed in Columbia Heights would be achieved without any special effort. The rest of the needed units would have to come about as the result of considerable moderniTation and upgrading by the homeowners. Public programs providing assistance for housing rehabilitation may be available to provide incentives for some homeowners, bm it is anticipated that many homeowners will have to cover the costs themselves, since they will not be in the lower-income groups eligible for most of the state and federal programs. Columbia Heights may wish to use local funds to provide incentives for housing rehabilitation. Or the city may decide to offer technical assistance and encouragement to homeowners, or possibly property tax waivers for increased value added due to rehabilitation. Examples of the types ofi~rovements that increase property values are modernizing kitchens, upgrading or adding bathrooms, family rooms, master suites, garages and landscaping. It is not necessary that the homes increase dramatically in price, but only that the3, are modernized s~fficiently to be attractive to move-up buyers. Because Columbia Heights is a fully-developed community, it is not expected that new subdivisions of move-up homes will be built in the city. However, the construction of move-up homes on infil! or cleared lots in existing neighborhoods is certainly not discouraged. Many existing Columbia Heights residents will be seeking move-up housing in the next two decades. If the supply in Columbia Heights is not sufficient to meet their needs, they will have to leave the community for larger homes with more amenities available in other comm~mities. 20 Affordable Rental Housing - Rent of $500/Month or LersS Recommendation: Add 131 rent assistance certificates or vouchers for existing rental units for families and older people by the year 2010. The percentage of rental housing units in Coh~mbia Heights at the time of the 1990 Census (just under 30 percent) was almost equal to the Metropolitan Area average of 32 percent. By the year 2010, the percentage of rental housing needed in Coh~mbia Heights will climb to over 32 percent. Rental housing is a necessary housing resource for people of all ages, but particularly for young people.just starting out, older people unable to maintain their single-family homes, and lower-income people of all ages. Unfortunately, in the current housing market, it is impossible to build new rental housing affordable to lower-income households without massive subsidies. Furthermore, very little vacant land is available in Columbia Heights to build new affordable rental housing. What little land there might be is best suited economically to other types of housing development. To meet the needs of lower-income residents, the best approach is the addition of rent assistance certificates or vouchers that can be used with existing rental housing. If existing rental housing units are not available within the rent limits of these programs, it may be necessary for the city to seek exceptions to the rent limits or other program regulations, or to develop its own programs to supplement e~sting resources. Tiffs approach will not result in the construction of 131 additional rental units. Because the rental units that will be used with the rent assistance certificates or vouchers will come from the existing supply of market-rate (over $500/month) rental units, additional units ~ have to be added to that category to make up for the units taken to meet the needs of the lower-cost rental unit category. Other Rental Housing - Rent of Over $500/Month Recommendation: Add 421 additional market-rate rental units, including 131 units to replace the 131 market-rate units taken for rent assistance certificates, and 290 additional un it s. Because the greatest need for additional housing units in Columbia Heights is for rental units, particularly market-rate units, development of new market-rate rental housing is the use most highly recommended for vacant or redevelopment sites in the city. Planning to locate sites for additional rental housing should be a very high priority. 21 Particularly needed are rental units for older people, as well as for young people just starting out and young families with children. People in these population groups may have been leaving Columbia Heights to seek rental housing in other communities. In fact, only 30 percent of the older people in Colnmbia Heights currently live in rental housing, compared to 63 percent of the older people in the nearby commRnity of New Hope, which has a variety of rental housing options for older people. In addition to standard rental units, the city might also want to consider the development of one-story rental townhouses or co-operative units, especially for empty-nesters and older people, some of whom might wish to spend the winter months in warmer climates without having to worry about their housing. While co-ops may oi~en be considered a type ofhomeownershlp more than rental housing, they could be used to meet a part of the need that would other0vise be met with rental units. Other Attached Housing Recommendation: Add about 99 ownership townhouses or condominiume, primarily for older people. The need for attached rental housing is covered above. This category includes attached ownership housing. The city of Columbia Heights has more of this type of housing than many other suburban communities, with an existing supply orS01 units. The need for this type of housing by the year 2010, however, is for about 600 units to meet the needs of young families, empty-nesters and older people. This is a difference of about 99 units. As with the development of new rental housing, it may be difficult to find sa~fficient vacant land to build new attached ownership units, but the city is encouraged to find sites for as many of the units as possible. One akernative to building attached ownership units could be to explore the possibility of converting existing blocks of single-family detached, preferably one-story homes to more user-friendly alternatives for older people, or perhaps for young single-parent households, or others who could use help with their lawn mowing, snow shoveling and other exterior maintenance work. Neighborhood associations could be established with monthly fees for association-provided maintenance services, ~milar to the associations for townhouse and condominium developments. If the primary residents of the block were young families with children, perhaps the street could be narrowed or reconfignred to offer re-designed outdoor play areas for the children. It is quite poss~'ole that a demonstration project ofthi.~ type, either with housing for older people or young families, Or a mixt-ure ofages, could be elig!"ole for a foundation or government grant for innovative housing ideas. Many cities with increasing populations of older people and little vacant land, but with blocks of ramblers and other one-story homes, could benefit bom exploring options ofthi~ kind as alternatives to new construction. This is a strong example of the importance of flexibility in the housing supply. 22 How the Recommended Actions Will Affect the Total Colnmbia Heights Housiae Supply Because there is a considerable amount offlem'bility, as well as affordab'flity, ia the Columbia Heights housing supply, the changes needed to meet the needs of the population in 2010 are less than what will be needed in many other eommnn~ties. No additional single-family homes will need to be built, although a few new move-up housing units on cleared or infill lots would be acceptable. Upgrading of almost half of the existing supply of single-family homes is the preferred method for meeting the demand for move-up housing. It is also appropriate given the age of much of the existing housing supply, which was built in the 1950s and 1960s. Some of this upgrading may already be taking place, as indicated by recent MLS selling price data. The city may have to devise programs to encourage the modernizing and upgrading of additional units, however, if this goal is to be achieved. A major challenge in Columbia Heights will be to meet the need for both affordable and higher-cost rental housing. It is recommended that this be the top priority for use of vacant and redevelopment sites in the comm~lnity. To meet the need for more affordable rental housing, rent subsidies are recommended rather than the much more costly new construction, unless scarce subsidy funds can be found for some of the needed units. The goal of 131 additional affordable rental units represents about 10 additional units per year between the present time and the year 2010. In addition to the rent subsidies, 421 new rental traits will be needed, to make up for those used with the rent subsidies and to meet the need for additional market-rate rental units. These units are needed so that primarily empty-nesters and older people, but also some in the younger population groups, will have housing alternatives in Cola~mbia Heights, rather than having to move to other communities. At 16 units per acre, about 26 acres may be needed to meet this goal. To further add to the flexibility in the Columbia Heights housing supply, and to meet the housing needs of empty-nesters and older people, as well as some young families, the city needs to increase its supply of attached ownership housing. About 99 units are needed. At 6 to 8 units per acre, about 12 to 16 acres may be needed to meet the attached housing goal. Recommendations for Using This Study with the Comprehensive Plan The housing element of the Comprehensive plan will include the following components: 1. An inventory of the community's housing stock and related demographic information. 2. An analysis of the commullity's current and future housing needs, including affordability, type, condition, relationship to employment, ages of the population, and comparisons to housing in neighboring communities and the region. 3. Housing goals, to correspond to the goals adopted for the Livable Communities Act. 4. Housing policies, which will cover such subjects as housing costs and types, housing for all stages in the life cycle, housing density and use of resources, housing to meet the special needs o£various population groups, home maintenance and neighborhoods, and access to employment and transit. 5. An Action Plan, or implementation program, with the steps needed to achieve the city's housing goals and policies. Much of the information included in thi,~ Life Cycle Housing Study can be used to meet these requirements, as follows: 1. The data in this study on the Columbia Heights housing supply and population groups can be used as part of this section. 2. The recommendations in Tables Nine and Ten ofthi~ study, as well as the supporting information leading up to them, go a long way toward meeting the requirements of this section. Perhaps additional information can be added related to employment, which was not covered extensively in this study. Additional information on housing in neighboring communities will be provided under separate cover. 3. The recommended changes in Table Ten of the study translate into, first, revised Livable Communities goals, and then numerical housing goals for the comprehensive plan. It is, of course, up to the city to decide flit wants to meet the needs identified in the Life Cycle Study, or ifit would prefer to move in other directions. 4. The city will adopt housing policies covering a number oflmportant areas, including everything bom equal housing oppormnlty to relation~h',ms between housing, transportation and employment. The recommendations in this study can lead to policies related to the need for maintenance and upgrading of the housing supply, and haxdng a housing supply to meet the needs of all age groups and income levels. 5. The Action Plan can build on the recommendations in Table Ten, and can identify the types o£programs and sources of funding that will be used to accomplish the city's housing goals. For example, the city may wish to initiate an e~hanced housing maintenance and rehabilitation program, or create a demonstration neighborhood housing association program, or contribute local funds to a rent assistance program Because the comprehensive plan update is required so late in the decade, the city may wish to update its numerical housing goals and policies as needed after the 2000 Census, probably in 2002 or 2003, when the newer data is available. 24 NOTE: ARer review ofthi.~ study by the city, and aider the other cities involved in project (New Hope, Crystal, and, possibly, Kobbinsdale) have reviewed their studies, a final section will be added to the report discussing any housing issues or opport~_mities in the greater housing market area covered by these cities. The recommendations made for each of the c/ties will be reviewed to see if any of their needs can be met by housing already av_ailable in the other cities in thi.q market area. 25 CITY OF COLUMBIA HEIGHTS Meeting of: April 27, 1998 AGENDA SECTION: CITY COUNCIL LETTER ORIGINATING CITY MANAGER NO: DEPAKT1V[ENT: Comm. APPROVAL t7 Dev. ITEM: APPROVE CONTRACT FOR BY: Kenneth R. Anderso~ PLANNING CONSULTANT SERVIC_ES _ DATE: APRIL 23, 1998 BACKGROUND: The Comprehensive Plan Citizen Advisory Committee has recommended the award of a professional services agreement to provide planning consultant services to SRF Consulting Group, Inc. This recommendation was forwarded to the City Council in January, 1998. The City Council requested staff confirm the proposed source of revenue for the additional costs which exceeded the allocated 1997 and 1998 budget revenues of approximately $34,910.00. Of this amount, $4,000 has been expended for preparation of the Life Cycle Housing Study which is scheduled for consideration at the April 27, 1998 meeting. The difference between the budgeted amount and the contract service costs of $51,769.00, plus direct expenses of $539.00, is approximately $17,398. Therefore, an estimated $21,398 will be needed from other revenues. ANALYSIS: Staff proposed at the work session that this amount be funded with the additional building permit revenues anticipated as a result of the school district remodeling and expansion projects, Crest View Corporation HUD 202 project, proposed St. Timothy's Senior Housing project, and other assorted projects. However, the City Council directed that funds derived from antenna leases be used to fund the unbudgeted additional expenditures. The water tower lease revenues are deposited in the water construction fund which is also currently underfunded. The Parkview Villa antenna lease monies are deposited in the Parkview Villa North fund. The Parkview Villa antenna revenues/expenditures incurred to date are as follows: 1997 & 1998 Lease Revenue Less: Carpet Replacement Costs Remaining Balance $24,480 $ 4,203 $20,277 Parkview Villa will also be requiring additional funds for the proposed new security system and fire alarm system repairs. Some of the costs will be reimbursed by insurance, but the amount is unclear. There is also some question as to whether the lease revenues can be used for projects other than those related to the HUD subsidized building. HUD will be consulted. The proposed sources of revenue for funding these costs are as follows: Transfer from Parkview Villa (203-46330-7410) to Community Development (201-42400) General Fund Permit Revenues Total $14,920 $6,478 $21,398 There is an anaount of $5,357 being retained in lease revenues in fund 203 to pay the estimated unbudgeted costs for the new security system. A copy of the draft proposed agreement is attached for review. The City Attorney has reviewed this document and suggested minor modifications which have been incorporated in the enclosed document. As City Council Letter: Approve Contract for Planning Consultant Services April 22, 1998 Page 2 of 2 a result of the upcoming Minnesota Design Team visit and the proposed timetable to complete the Comprehensive Plan update and Zoning Ordinance rewrite before the end of calendar year 1998, it is important to execute the necessary agreement soon for SRF Consulting Group, Inc. to provide consulting services. Staff has prepared and forwarded a significant amount of background information and resource materials to assist the consultant in preparation of the Comprehensive Plan and Zoning Ordinance rewrite. Each department within the City has been most cooperative and helpful, particularly the Engineering Department, by contributing the required information. The City Attorney had recommended minor changes to three sections of the agreement: 2.4, 4.11, 4.15.2. The most noteworthy of these changes was a deletion to certain parts of the indemnification language. CONCLUSION/RECOrdATION: Staff is recommending City Council adoption and award of planning consulting services to SRF Consulting Group Inc. and adoption and execution of the attached agreement as modified by the City Attorney. Staff further recommends funding from building permit revenues only with all Parkview Villa Antenna lease funds remaining in fund 203. However, the motion is drafted to comply with the Council direction, but it has been modified to retain funds for the budgeted addtional costs to install a security system in Parkview Villa. MOTION: Move to award planning consulting services to SRF Consulting Group, Inc. in the amount of $51,769.00 plus $539.00 for direct out of pocket expenses with funds to be appropriated from 201-42400- 3050; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for same. BUDGET AMEND1V[ENT MOTION: Move to authorize an additional $21,398 for planning consultant services be transferred to Fund 201 with funding from 203-46330-7410 in the amount of $14,920 and from General Fund permit revenues in the amount of $6,478, subject to approval of the Columbia Heights EDA. COUNCIL ACTION: h:k~'fawardkrB.vrpd ~R-22-98 NED 10:09 fill ~ ~ONSULTING ~OUP lNG .FRX 812+475+2429 PROFESSIONAL SERVICES AGREEMENT THE C~'~' OF COLUMBIA HEIGHTS, MINNESOTA And SRF CONSULTING GROUP, INC. Pe 02/11 THIS AGKF, EMENT is made and entered into by and bctwc~n the City of Columbia Iteights, Minnesota, hereinafter called thc Client, and SRF Consulting Oroup, Inc., hcrcinafter culled thc Consultant; WITNESSE'rI-h WHEREAS, Client desires to ~etain Consulmt for comprehensive plan update services in Columbia IDights' Minnesota (Project). NOW THEREFORE, in consideration oi' their mutual covenants expressed herein and with respect to the provision of rrrofesskmai services by thc Cousultant and the payment for those services by the Client. thc parties agree as set forth below. SECTION 1. CONSULTAtWI"S SERVICES Services to be performed bl/the Consultant are described in Exhibit "A" to this Agreement. SECTION 2. CLIENT RESPONSIBILITIES The Client will: 2.1 Provide full in,formation as to its requirements for the Project. available to 2.2 Place at Consultant s disposal all information in the possession of or readily the Client that is pertinent to thc Project. 2.3 Distribute correspondence for all meetings, coordinate and establish meeting locations. 2.4 Examine project materials, reports, sketches, opinions of probable construction costs, drawings, and other documents presented by thc Consultant and render its decisions pertain'rog thereto as soon as reasonably possible. -1- ~R-22.-98 k'F.D 10:09 ~ SRF CONSULTING GROUP 2.5 2.6 Desigaale a single l~rson to act as thc Client's R~vc ~ ~t ~ &O Con~t's ~ to ~ ~om~ ~dcr ~s A~L Such ~n ~I bav~. ~lem au~o~W w ~t ~o~ ~ive ~fo~tio~ ~d int~ ~d dc~c thc C~ent's ~li~ ~d dccisio~ ~& ~s~t to ~e Co~ul~t*s s~i~, ~bj~ m ~ Client's a~roval when r~u~ by law, o~in~c=, ~latloa or ~. Give prompt ~ nofic= ~o thc Co=~=nt whenever ~= C~t obs=~ or oth~ise b~omes aw=e of: 1) ~y development ~t affect~ ~e ~o~ ~or t~ing of the Co~ulmfs 2.7 2) Any dctL',zt in the Project. Furnish or instruct the Conmltant to provide at the CLient's expense, any necessary Additional Services as may be required or reconmaended by the Consultant and authorized by the Client. P, 03/11 SECTION 3. COMPENSATION FOR CONSULTANT SERVICES 3.1 3.2 3.3 Payment for Basic Services Compensation to the Consultant in full for work listed in Exhibit "A" shall not exceed $51,769.00. The Consultant shall be reimbursed on an hourly basis at rates listed in Exhibit ~'B". ll~¢irabursable expenses shall be invoiced at cost ,and include, but are not limited to, the costs of travel, materials, printing and re, production, supplies, subeonsultant fees and other project-specific costs. Mile~e will be billed at a rate not to exceed the IRS allowance for business miles (currently $0,325 per mile). Reimbursement for direct om-of-pocket expenses shall not exceed $539.00 as listed in Attachment A. For any ~'Additional Services" ordered by the Client and performed by the Consultant. the Client will pay the Consultant on an hourly basis in accordance with the attached Exhibit "B," Hourly BilLing Rate Schedule. If any work performed by the Consultant is suspended in whole or i~ part by the Client, the Consulmt shall be paid for costs and services performed prior to receipt or' written notice from the Client of such abandonment or suspcnsion. The Consultant shall also be paid for any terminal o.-pcnses resulting tberefrom in accordance with the attached Exhibit "B". -2- APR-22-~8 ~ 10:10 ~ $1~ r, OI'LSULTIhlG (;ROU? lNG ,FA~ NO, 812',475',2429 P. 04/11~ 3.4 Sums d~e under this Section mai be invoiced monthly during the pwgt'~ss of thc Pwj¢ct. F,~h pwl~rly documentccl and authorized payment due to thc Constfltant from the Client shall bc made within 30 days after Client t~ceipt of the Consultant's invoice. SECTION 4, GENERAl, CONSIDERATIONS 4.1 Thc Consultant shall act as thc Client's agent only as provided for within this Al~recmcnt. 4.2 Thc Consultant witl I~rform thc Pwject in a timely rammer, but it is hereby agreed lh~t thc Consultant cannot be held r~spo~sible for d~lays occasioned by factors which arc beyond its control, or by factors which could not reasonably have bt,'~n foreseen at the time this Agrecmen! was In~par~ and ex~uted. 4.3 'r~rms of this Agrccmont may be changed by mutual a~rccm~t of thc Client and the Consult~'tt. Such changes shall be approved by both parties and incorporated in written amendments to this Atlr~mcnt. 4.4 Independent Contractor Thc Consultant is an Independc~t Contractor. l~tothin~ contained in this Agr~nent is intcr~dcd or 'should be constniod ~s cr~Iint~ tha r~Iatio~hip of co-partners or joint venturers with the Client or thc department. No t¢~tur~ or any rights or b~ne~its, including workers' compensation, unemployment insurance, mc&cal cam, sick leave, vacation lcavc, severance pay, ?ERA or other benefits available to Client employees, shall accrue to thc Contractor or employees of the Contractor performing services under this Agreement. Compliunce with Law 'rh~ Consultant shall comply with all Federal, State and 1'o~ laws, to~ether with all ordinances and regulations applicablc to the work. 4.6 Data Practices All ch~ta collected, crratc~ received, maint~inccl or dis~airuatcd for any purtx~scs by thc activi~ics of thc Consultant because of this contract is llovcrncd by thc Minnesota Government Daa Practices Act, Minnesota Statutes 19I~4, S~ctions 1~.01 through 13.It7, a.~ ,-m~c-nded by the Laws of Minncsota 1985, ch~tc~ 293 and 298, the MirmcsoUa Rules knplcmenting such Act now in force or hereafter adopted, as well as l:edcral rci,,ulations on data privacy. fiPR-22-98 erdA) 10:10 fill SE: t'01tSULTING GROUP F~ NO, 612+475+2429 05/11 4.'/ 4.$ 4.9 4.10 I~-co~ Availability ' ' The Consultant agrees that thc Client, State Auditor, or any of their duly autborizcd telar~cniatives at any time during normal business hours and as often as they may reasonably deem necessary shall have access to and thc right to examine, audit, excerpt and tmn--~ribe any books, documents, papers and records which arc pertinent to the accounting practices and procedures of thc Consultant and involve transactions miming to this Agrccmcnt. Merger and Modification It is understood and ab'reed that the entire Agreement between the pm-tics is contained herein and that this Agreement supersedes all oral agr~mcnts and negotiations between the partlcs rclating to thc subject matter hereof. All items rcfen'cd to in this Agrcemcnt am h;corporatcd or attached and arc decreed to be part of this Agreement. Any material alternations, variations, modifications or waivcr~ of provisions of this Agreement shall only be valid when they have been reduced to writing a.~ an amendment to this Agreement and signed by the parties hereto. Default and Cancellmion Ii' the Consultant rails to perfom~ ,any of the provisions of this Al~n'ccmcnt or .so fails to administer the work as to endanger thc pcrtbrmance o1' the Agreement, this shall constitute -', default. Unless the Consultant's default is excused by thc Client, ihrough the Department, thc Client, through thc departrncnt, may, upon written notice, immediately cancel thc Agrec-'ment in its entirety. This Agreement may be canceled with or without cause by either party upon 10 days written notice. Irrcspective of which party shall effect termination, the Client shall, within 30 calcnd~ days of termination, pay the Consultant for scrviccs rendered mid costs iacurmd up to the time of termination in accordance with Exhibit "B". Ownership of Instromcnm o[' Scrvicc Thc Client agrees that all documents prepared by the Consultant in the completion of its services hereunder ,are imV~rummats of professional service, not products. Upon completion of thc Consultant's services, the Clicm shall, in this instance, retain ownct-~hip of all drawings and specifications prepared fo~ thc Project In the c-vent of any use or adaptation by the Clicnt after termination or the Projcct whereby Consultant's materials and recommendations are rcviscd, altcrc~i or othcrwisc moditicd by anyone other than thc Consultant, the Clicnt agrecs to defcnd and indemnify the Consultant from may claims, damages, costs or expenses 0ncluding reasonable attorney's fc~s). -4- 4.11 4.12 lnd~nnifimtion ' ' Thc Con~mltant agrees to hold hamfless and indemnify the Client from and against liability, including rmsonabl¢ atlorn~'s f~s, arkdng out of Ibc Consultant's negligent acts or omissions in thc p~rfommncc of Consultant's obligations under this Agreement. l.iability The Consultant shah provide the Client with Certificates of Insurance showing coverages at a minimum as follows: a. A combined single limit or excess umbrella general liability immmnce policy of an mount of not less than $500,000 l'or proF, crty damage arising from one occun~nce, $500,000 for total bodily injuries and/or damages arising form one ocGurrcncc. b. A combined single limit or excess umbrella auto liability insurance policy in an amount ofm~t less than $500,000. c. A professional liability insurance policy imw. ring payment of damage for legal liability ~ri$ing out of the pcrt'ormance of profcssion~l services for the Client, thc imm-~'s cap~city as Conml~ant, if such legal liability is caused by error, omission, or negligent act of the insured or of any pcrson or organization for whom the insured is legally li=blc and responsible, in the s~m of not less than $1,000,000 annual a~e~alc, on a clahns-n~d¢ basis. d. Worker~ coral~m~tion insuranc~ policy or a si§ned ~lid~it sharing that thc contractor ha~ no employees and is not cov~ by thc requirements of state law for workers compen.~tion. 4.13 Any policy obtained and maint~Rned trader this clause shall provide that it shall not be canceled, nmtcfially changed, or not r~ewed without t~n (10) days prior notice tb~rcor to the Client. Prior to the effective date of thi~ contract, and as condition precedent to this contract, the Consultant shall cause its instrranee company to furnish the Client with certificates of insurance with the Client listed as a certificate holder. Subcontracting and Assignment Consultant shall not enter into any subcontract for performance of any services contemplated under this contract nor assign any int,.mvst in ti~s Contract without thc prior written approval of thc Client. Thc Consultant shall be responsible for the performance of all subcontractors. -5- flPR-22-98 ~D 10:11 ~ SRF CONSULTING GROUP INC F~ NO, 812+475+2429 07/11' 4.14 4.15 4.16 Nondiscriminalion During the pot-formancc oi' its respo~sibiliti'~ trader this AlP'cmncnt, thc Consultant agrees to the following: No person shall, on thc ground of race, color, religion, age. sex, disability, marital status, · - -, .... *;on,al origin bc excluded from ful! _--,-- .... ;,-~,,,,-~. status, crimi~ rccoro, c-t~-u, v, ~ ...... ,-~--.:~,, subjected emplol~rncnt rights m, pamc~pauon ~n, o~ u,~-.,.,, ........ ts to discrimination under an)' and '~11 aFplicable Federal and State laws ag-din.st discrimination. Dispute. Resolution 4.15.1 Unless Thc Client ami thc Consultant mutually ag~o¢ otherwise, all cinims, disputes, and other matters in questions bctwcem th~ parties to this Agrc~rient, arising out of or relating to this Agreement or the breach thorcof, shall bo decided by arbitration in accordunce with tho then-most current rules of thc American Arbitration Association. 4.15.2 The arbitraion decision shall be final and binding on the parties. Pending fi~al decision of a cli~pute he.under, thc Cmtsuitant shall proco~l diligcr~tly p~rl'ormance o~ its r~sponsibilifics under this Agreement, unk,'ss otherwise tcnninated as set forth hereby. Approvals Before this Agreement shall become binding and effective, it shall receive tho approv',fl of such Client officials as tho law may provide. -6- APR-22-98 ~D lO:ll Ali SRF CONS1.)LTING G~OU? I:~ NO: 612+475+2429 ;. 08/11' IN W/TNESS WHEREOF, the parties horeto have m~le ~ud executed this Agreement SRF CONSULTING OROUP, INC. By_ Tiflc President Name PrLuted~Robert B. Ro~oe, P.E. Date_ CITY OF COLUMBIA HEIGI.ITS, MINNESOTA By. Tire Mayor Name Printed Joseph St.urdevant Date Title_Ci~ Ma~ger Nme Printed_ Walter R. Fehst Date. -7- ~PR-22-~8 ~ 10:12 ~ SP~F ~ONSULTING G~OUP lNG NO, 812+475+2429 ;, ~0 ~ I0 0 ?. 09/11' /~?R-22-$8 ~D 10:12 ~ SRF CONSULTING ~ROUP II~ F~ NO. 812+475+242~ 10/11' ~R-22~98 tIED 10:12 812+475+2429 11/11' SRF CONSULTING GROUP, INC. HOURLY BILLING RATES Principal Senior Associate Associate Scni. or Prof~onai Professional Principal Technician Senior T~hnician Technician Clcri. calFCCord Processor $ 90.00 $ S0.00 $ $0.00 $ $0.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 40.00 SRF CONSUl,TING GROUP, INC. HOURLY BILLING RATES Principal Senior Associate Associate Sen[or Prof.. ~ona/ Professional Principal Technician Senior Technician Clerical/Word Processor 90.00 80.00 80.00 80.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 40.00 ~ d SRF CONSULTING GROUP INCF~ NO. 812+475+242g P. 10/11' ~R-22-98 NED 10:05 AM SPJ= CDNSULTIN~ CROUP INC P. 02/11 NO. 612+475+2429 PROFESSIONAL SEK'YICES AGREF..~ENT Between THE CiTY OF COLUMBIA HEIGHTS, MINNESOTA And SRF CONSULTING GROUP, INC. THIS AGR.F, EMENT is made ~md ~tered into by and bev,vein the City of Columbia Heights, MJrmcsuta, hcrcinal'tcr called thc Client, and SRF Co~.sulting Group, Inc., hereinafter c'atlcd th~ Consultant; WITNESSE'I-R: WHEREAS, Client desires to r~tain Consulvant for comprehensive plan update scrviccs in Columbia Ileights, Minnesota (Proj~t), NOW THEREFORE, in consideration oF their mutual covenants expressed herein and with respect to the provision of rrrofessional services by thc Cortsultant and thc payment for those services by thc Client, thc pa-tics agree a.~ set forth below. SECTION 1. CONSULTANT'S SERVICES Scrviccs to be performed by thc Consultant are dcseribed in Exhibit "A" to this Agreement. SECTION 2. CLIENT RESPONSIBILITIES The Client will: 2.1 Provide full information as to its rcquircmems for thc Project. 2.2 Place ut Consultant's disposal all information in thc possession of or readily av,-tilablc to the Client that is p~-tinent to the Project. 2.3 Distribute correspondence for ali meetings, coordinate and cstablish meeting locations. 2.4 Examine proj~t materials, r~-pom, sketches, opinions of probable construction costs, drawings, and other documents presented by thc Consultant and ~endcr its decisions p,a-mining thereto as soon as reasonably possible. -1- RPR-22-98 ~D 10:09 SRF CONSULTING GROUP IN¢ F~ NO, 612+475+2429 2.5 2.6 Designate a single person to act as thc Client's p,~,;c with tesp~t to tb.e consultant's service to bc performed undcr this Agxcemcnt. Such person shall have. completc authority to ~t instructions, teceiva information, and intcrprct and dcfinc thc Client's policies and decisions with respect to the Consultant's services, subject to thc Clicnt's approval when required by law, ordinance, regulatlon or policy. Give prompt written notice to thc Consultant whcnevcr the CLient observes or othcrwise becomes aware of: 1) Any development that affects the scope and/or timing of the Consultant's .~¢rv~cc~, or 2.7 2) Any d=l'~,"t in thc Proj~t. Furnish or instruct the Consultant to provide at thc COunt's exI~mS¢, any necessary ,Additional Services as may bc required or reconmacndcd by the Consultant and authorized by the Cli~t. P. 03/11 SECTION 3. COMPENSATION FOR CONSULTANT SER¥1CE$ 3.1 Payment for Basic Services Compensation to the Consultant in full for work listed in Exhibit "A" shall not exceed $51,769.00. Thc Consultant shall be r~imbursed on an hourly basis at rates listed in Exhibit "B". Reimbursable expenses shall be invoiced at cost and include, but are not limited to, the costs of travel, materials, printing and r,~production, supplics, subconsulmt f~cs and other project-specific costs. Mile~e will be bilk'd at a rate not to exct-ed thc IRS allowance for busincr~ miles (currently $0.325 per mite). Reimburs~'nent for dkcct om-of-pocket expenses shall not ,xcc~d $539.00 ~s listed in Attachment A. For any "Additional Services" ordered by the Client and performed by the Consultant, the Client will pay th~ Consultant on an hourly basis in acc, ordancc with the attached Exhibit "B," Hourly Billing Ralc Schedule. If any work pc-,rformed by thc Consultant is ~sp~nded in whole or in part by the Client, the Consult,mt shall bc paid for comq and services per£ormccl prior to receipt or written notice from the Client of such abandonment or suspension. The Consultant shall also be paid for an>' tcrminaI ~-xpcnses resulting therefrom in accordance with the attached Exhibit "B". -2- AP~-22-~8 ~ 10:10 ~ SPJ~ CO~ULTING~OU? lNG Ftt,X NO. 812+475+2429 P, 04/11 3.4 l~ro~.~s Paymcuts Sums due undc~ this Section may b~ invoicod monthly during th, pwgress of thc Pwject. F.~h pwperly documantcd and authorized payment due to thc Consultant fzom thc Client shall tx: made within 30 days after Client receipt ofthe Conmltanl's invoice. SECTION 4. 4.1 4.2 4.3 GENERAI, CONSIDERATIONS The Consultant shall act as thc Client's agent only as pwvided for within this Agrcemc~. The Consultant wi[l l~rform thc Project in a timely rammer, but it is hereby agreed lhat lh¢ Consultant cannot be held responsible for delays occasioned by factors which beyond its control, or by factors which could not reasonably have tx.-=n fores=,m at thc time this Agreement was tn=pa-m'd and Terms of this Agreement may be changed by mutual agrc=mcatt of thc Client and thc Consultant. Sucix changes shall be approved by both parti~ m~d incorporated in written amendments to this Agr~mcnt. 4.4 lr~dependent Contractor The Consultam is an Indel~ndm~t Contractor. Nothing contained in this Agre=ra=nt is imcndcd or -should be construed as creating thc mlatior,.ship of co-partners or joint vcntarer~ with the Client or thc department. No tcrtm'c or any righls or l:~rmS.ts, including workers' coml~nsation, unemployment insurance, mcclicaI ca~, sick leav=, vacaion leave, severaac~ pay, PERA or other benefits available to Cli~at employees, shall accrue to the Contractor or employes of the Contractor performing services under this Agr~cmemt- Compliance with Law The Consultant shaU comply with all Federal, State and l'm~ laws, together wifl~ all ordimances and regulations applicable to the work. 4.6 Data Practices All &~ta colloctcd, crt, amd, received, maintainccl o~ di~eminatcd for any paqx~scs by thc activities of thc Consultant because of this contract is governed by thc Minnesota (~ovemmeat Dala Practices Act, Minnesota Statutes 19114, Sections 13.01 through 13.87, a.~ anaeaded by the Laws of Minnesota 1985, chaptm's 293 and 298, the Minnesota lt. ule$ implementing such Act now ia fore= or b~reafler adopted, as well as Fe, dcral regulations on data privacy. -3- t~R-?..2-98 k'D 10:10 SI~ ~I, ISULTING GROUP F~ NO, 612+475+2429 P. 05/11 4.7 4.$ 4.9 The Consultan~ ~s ~at thc CHent, S~c Au~r, or ~y of ~e~ doly n~oriz~ ~ng~H~s ~ ~Y ~e d~ no~ bm~ ho~ ~d ~ ofl~ m ~ may ~o~bly deem n~ ~ have ac~ to ~d ~ ~t to e~, au~ exit ~d ~~ ~Y ~oks, d~~, P~ ~d ~ ~i~ ~ ~in~t W ~e a~o~ting ~ctic~ ~d p~~ of ~c Co~t and in. lye ~go~ ~n~ to Merger m~d Modification It is understood and agreed that the cntirc Agreement between the parties is contained herein and that this Agreement supersedes all oral agr~menLs and negotiations between thc partlcs relating to the ,subject maUer hereof. All items referred to in this Agreement m~ incorporated or attached and arc deemed to bc part of this Agreement. A~y material alternations, wria~ions, modifications or waivcr~ of pwvisions or this Agreement shall only be valid when they have been reduced to writ~g a~ an amendment to this Agreement and sigrted by the partic~ h~eto. a.10 Default and Cancellation If the Consultant £ails to pcrfom~ any of the provisions or this Agreement or .so l~ails to administer the work as to endanger the pcrlbrmanc~ ol' the Agreement, this ,shall constitute a dcfm~lt. Unless the Consultant's default is excused by ibc Client, througk the Dc-parlm~t, thc Client, through the department, may, upon wrinen notice, immediately cancel thc Agr~-~ncnt irt its e~irety. This Agreement may be canceled with or without cause by either party upon 10 days written notice. Irrespective of which party shall effect temaination, thc Client shall, within 30 calendar days of termination, pay the Consultant for servic~ rendered cad costs incurred up to thc time of termination in accordance with Exhibi~ Ownership of Instn~cnts o~ Service The Client agrees that all documents prepared by the Consultanl in the completion of its services hereunder are inslrum~ts of profcs$ioaal service, not products. Upon completion of thc Con.,~uRant's services, the Clicr~t shall, in this instance, r~tain ownership of ail drawings md spccir~ca6ons prcpar~ fo~ the Project. In thc ev~ of any use or adaptation by the Cliff afl~ termination of the Project whereby Consultam's mutcrials and recornmendalions arc revise, altered or otherwise modified by anyone o~her than the Consultant, thc Client agrees to del'cnd and inderani the Cora*uitant from any claims, damages, costs or expenses (including reasonable atwmcy's -4- RPR-22-B8 NED 10:11 t~l SP, F L'ON~ULTING GROUP IN¢ NO. 812+475+2429 4.11 4.12. 4.13 loclcranific~tion ' ' Thc Con~"alt~t agr~s to hold ~~ ~d ~d~ni~ ~ CU~t lmm ~d ~st liableS, ~cludi~ ~o~blc a~m~'s f~s, ~ o~ of thc Com~t's ~glig~t ac~ or omis~om ~ ~c ~o~ncc of Co~l~t's obli~o~ ~d~ ~is Ag~mcnL Liability The Consultant shall provide the Client with Ccrfificatc~ of Insurance showing covet'ages at a minim~_~m as follows: a. A combined single limit or excess umbrella general liability insurance policy of an amount of not less than $$00,000 for pro~rty damage arising from accsec, $900,000 fat total bodily injuric~ and/or dranagcs arising l'onn one OCC13I'fCTICC · b. A combin~ single limit or excess umbrella auto liability iv._~v-anc¢ policy in araoum of r~t Ins 1hah $500,000. A pro£cssiona! liability insur',m¢¢ policy im-uring payment of damage £or legal liability arising out at the performance of professional services for th~ ClicnL thc L~s~d's capacity as Cons~lr~mL it s~¢h legal liability is caused by error, owfission, or ncgllgent ~ct at' the insured or of any l:,crson or organization for whom the i~surcd is legally liable and rcspo~iblc, in thc sv, m of hal less ~han $1.,000,000 a~nual aggregate, on a cl,,ires-made basis. d. Workers comp~nsado~ im'uranc~ Ix~licy or a signed ~flidavit s~adng that thc contractor has no employees and is not covcr~l by the rcquimmems of state law for workers c, ompemation. Any policy obtained and maintained trader this clause shall provide that it shal! not be ca~celccl, materially changed, or not renewed without ten (10) clays prior notice thercoI' to the Client. Prior to the effective date of this contract, and as condition precedent to this contract, thc Consult'ant shall c~use its insu~,ntrc company to furnish the Clicnt with ccrQficatcs of insurance with thc Client Ustcd as a ccrtiiicate holdcr. Sobcontractin8 and A~ignment Consull~t shall not ~ntcr into any subcontract for pcrtorm.-mcc o£ any services contcmplat~cl under this contract nor assign any interest in this Contract without thc prior writte~a approval o£ thc Client. Thc Consultant shall be r~-ponsible for thc performance at all subcontractors. -5- 08/11 ~R-22-~8 ~[D 10:11 ~ 4A4 ~ ~I%SULTING ~OtlP INC F~ NO, Nondiscrimination 612+475+2429 During the performnncc of its respo~slbiliti~ under this Agrc~ncnt, thc Consultant agives to the following: No pcrson shall, on thc ground of race, color, religion, agc, sex, disability, marital status, public assistance stat~, criminal tccord, cm~, or national origin Ix= excluded from full emploTrncnt rights in, participation in, be dcniext the benefits of or b~ otherwisc subjected to discrimination undcr any and 'all applicable Feds-al and State laws against discrimination. 4.1.5 I'~slmtC Resolution 4.15.! Unless thc Client and thc Comult~nt mutually agr~c otherwise, all claims, dispu'~, and other matters in questions bci~vcen thc parties to this Agr~'ncnt, arising out of or relating to ~_h~_~ Agreement or ~¢ breach thercof, shall be dccidcd by arbitration in accordancc with thc then-most current rules of thc American Arbitration Association. 4.15.2 The arbit.mtion dccision shall be final and binding on the pm-tics, P~nding final dccision of a dispute hcrcundcr, ~c Consuitm~t shall proceed diligcntly with tmrformancc of ils responsibilities undcr this Agr~mcnt, unh.'ss othcrwisc terminated as s~t forth hereba. 4.16 Approvals Bcfore fi.is Agreement shall becomc binding and effective, it shall receivc the approval of such Client officials a~ the law may provide. 07/11 -6- ~?R-22-98 ~ 10:11 ~ SRF CO~JLTIRC GROUP IRC F~ HO, 612+475+2429 IN WITNESS WHEREOF, the parties horeto hav~ made ;.nd excu-utcd this 08/11 SRF CONSULTING OROUP, INC. By_ Titlc pres~den~ Name pfimted~.Robert,B. Ro~oe. P.E. CITY OF COLUM'BIA FIEIGI-ITS, MINNESOTA By. Title_ Mayor Name Printed Joseph S1urdevant Date Tide CiW Manager Name Printed_ W, alter R- pehs't -7- ~R-22-98 iE..I) 10:12 ~ SP~F CONSULTING GROUP INC F~ NO: 812+475+2429 P. ;. O IRD 1tS ££S MINUTES April 7, 1998 The meeting was called to order by Chair, Barbara Miller. Those present were: Barbara Miller, Richard Hubbard, Don Jolly, Patricia Sowada, and Becky Loader. It was moved seconded and passed to approve the minutes of the March 9th meeting as mailed. The March 23rd, 1998, bill list was reviewed. It was moved, seconded, and passed that they be paid. The April 13~, 1998 bill list was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. Old Business: ..... 1. Sh .a{i.'. Brileff,, L!br. ar~. C. le. rk,~w~ ,as introduced .to the Board. She was warmly welcomed by everyone to her new posmon. ~nan started the .~u hour per weel< position on March 23, 1998, but has been employe,d,, by the ,C, ity ~n various positions for the last 10 years. Shari was in charge of the volunteers in the recent bugging of libra~ materials for the new security system. She reported tlaat 161 3/4 volunteer hours were recorded, not including page hours for the completion of the project. Volunteer Jean Nixon clocked the most hours at 24 1/4. The project has been'completed 2 months ahead of projection because of the generosity of volunteer time donated by patrons. The Board recognized Shari's accomplishment with a gift certificate. 2, An update on the possibility of a pitched roof from the Building Official was presented. Calls have been made to the official, but no response has been forthcoming. The Board requested that further enquiries be documented with a paper trail. 3. A reminder of the Long Range Planning meeting scheduled for April 14 was given. 4. A Design Team update was presented. Ticket reservations for the dinners were made. The Friends of the ~L!,brary ~will p, ro.v.i.d.e refreshments at the_ library during the walking tour that will take place on May l~t The ~ora,ry l~oar.o.w_[ll O.onate a centerpiece tor the refreshment table. Becky will be one of the tour gnid~s or~ May I ', atong with lq. evln and Ken. Aflyer listing the schedule of events t~or the visit was distributed. ~ 5. Don Jolly will not be at the Library Board meeting of May 5, 1998. 6. Two pages have been hired and will begin training on April 13, 1998. They are Jessica Pagel, and Scott Sikorski. Regular spring recruitment is underway at this time, with training to take place in June. 7. A report on the status of cooperative ventures with School District 13 was given. a. The compiling of survey results from the schools is continuing. A telephonepoll is currently being conducted. The Board was asked for the names of any volunteers that they couldthink of to assist with the telephone poll. b. Jan Vaughn, Linda Ernst, Jerry Young, and Becky Loader have met to discuss sharing the County database with the schools. A sampling of catalog matching can be done. Jan and Linda must work with the chain of command within the school district, so talks are slowly progressing. 8. The reading clubs all ended on March 21. They were very successful and individual reports of participation totals from the adult and children's departments can be viewed in the operational reports bf Marstia and Mary. 9. The Board chose to recognize the volunteers in the "bugging" project by sending a thank you note and perhaps a bookmark to each. New Business: 2. 3: 4. The State version of the Annual Report was reviewed. Crossover statistics were reviewed. MELSA trustee workshop brochure was reviewed and discussed. An open house for the City will take trace on Mav 19~ from 4:00 p.m. to 7:00 p.m. at the Public Works Department. Each department will hay& a table/boo(h for the event,v At the April 13% City Council Meeting the library has two items on the agenda. 'Shari Briley will be introduced as a new employee and the National Library Wee~c Proclamation will be read and presented. All Board Members ,ar.,e invited to attend. Pat and Barb said that they would be there to accept the proclamation on behalf of the ~mrary. · 6. A report was given on the Goals Planning Retreat that took place on 3/21/98. Five internal and external goals were determined from the day long retreat. A mission statement was proposed. The goals have not been prioritized at this time, but prin~ary responsibility has been designated and h schedule for re~orts to be submitted has been determined. 7. Applications are being accepted for page positions and a choreperson until the end of April. 8. A calendar for budget preparations has not been set at this time. 9. A lighting relay in the Adult Reading Room failed on March 18. Heights Electric bypassed the relay so that the lights would be operat.ional until a part could be ordered and installed. The installation of the replacement part took place on Apl-il 7m and the cost was $980.00. 10. Metro North has set up a library tour for ESL (English as a second lan~uage) students. This is the first to take place using grant money they received. Columbia Heights will host tl~is tour on April 9, 1998. 11. An incident with a patron was reported to the Board. Necessary steps have been taken through the Police Department. There being no further business the meeting was adjourned at 8:35 p.m. ,!Le, spectfully submitted,. J6finine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, a, cco~nmodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, ancT activities. AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, APRIL 27, 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 agenda items as listed below: 1) Approval of Minutes of the March 21, 1997 Goals Setting Retreat; March 23, 1998 Regular Council Meeting; April 13, 1998 Regular Council Meeting; April 14, 1998 Board of Review and April 22, 1998 Election Canvass. 2) Resolution No. 98-45 Changing the Date of Regular Council Meeting 3) Appropriation of Reimbursement Grant Funds to Police Department Budget 4) Maintenance Contract for Defibrillators 5) Insurance Coverage from 5-9-98 - 5-9-01 6) Close Public Hearing Re: 1206-08 Circle Terrace 7) Emergency Repair of Sanitary Sewer at 4120 and 4121 Second Street 8) Establish Council Work Sessions 9) 1 ~t Rdg. Ordinance No. 1371 Pertaini~ng to _Li_ccnsing of_Cigarette/Tobacco Sales 10) Payment of Bills 11) Approval of License Applications 12) Livable Communities Funding Application 13) Approval of Met Council Local Planning Assistance Grant Program Agreement 14) Approval of the 1997 Community Development Block Grant Program Agreement 15) 1st Rdg. Ordinance No. 1372 Sale of Property at 566 38th Avenue 5. RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS AND GUESTS None 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) 1st Rdg. Ordinance No. 1370 Licensing of Pool/Billiard Halls B.Bid Considerations None C. Other Business 1) Appointment to Youth Initiative Commission 2) Adopt Life Cycle Housing Study 3) Approve Contract for Planning Consultant Services 8. ADMINISTRATIVE REPORTS A. Report of the CiW Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) Library Board Meeting of April 7, 1998 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOURNMENT wF/ s Mayor CITY OF COLUMBIA HEIGHTS (1-) ~C°;eu~2/'"ildgCen~;"etrs Donalg G. Jolly 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 ~-3878 (612) 782-2800 TDD 782-280~radain¢ Sz~rek Gar), L. Peterson Robert Vt'. Ruettimann ADMINISTRATION City Manager Walter R. Fehst APRIL 22, 1998 The following is the agenda for the Continued Board of Review of the City Council to be held at 6:30 p.m. on Monday, April 27, 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, Exmn~ion 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL 2. REPORT OF COUNTY ASSESSOR REGARDING RE-INSPECTION FINDINGS RELATIVE TO PROPERTY VALUATIONS 3. QUESTIONS AND ANSWERS FROM AFFECTED PROPERTY OWNERS 4. COUNCIL ACTIONS REGARDING SPECIFIC CASES/ADOPTION OF !998 ASSESSMENT ROLLS MOTION: Move to adopt the 1998 Assessment Rolls as presented and amended. WF/js 5. ADJOURNMENT MOTION: Move to adjourn the Continued Board of Review. THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNIty EMPLOYER