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Home My WebLink AboutOctober 26, 1998 Regular AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, OCTOBER 26, 1998 CITY COUNCIL CHAMBERS, CITY HALL, 590 40TM AVENUE Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 1. CALL TO ORDER/ROLL CALL(CommencementofCablecastingofRegMtg on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA 4. CONSENT AGENDA a) Minutes for Approval b) Re-Issue Rental Housing License After Revocation c) Establish Hearing Dates - License Revocations, Rental Properties - 7 d) Close Public Hearings Regarding Revocation/Suspension of Rental Licenses - 11 e) Res. No. 98-92 - 1999 Metropolitan Livable Communities Program f) Establish Dates for Council Work Sessions in November g) Res. No. 98-95 Sullivan Lift Station Improvements - Award Bid h) AS400 Computer System i) Replacement of Copier for City Hall j) Payment of Bills k) Approval of License Applications · 1) Amendment to Minnesota Investment Fund Loan Agreement m) Regional Remodeling Planbook n) Approval of Classification & County Sale of Certain Forfeit Land o) Recommend Approval of Property Tax Payment for Sheffield TIF District M8 p) Approve Acquisition of Tax Forfeited Land at 4241 7th Street 5. RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS AND GUESTS Recognition of Service on Charter Commission - B. Nawrocki 6~ ~UBLiC HEARiNGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolution 1) Res. No. 98-93 Establishing Ci_ty Share of Assessments on Projects to be Levied 2) Res. No. 98-94 Regarding Removal of Hazardous Structure - 1010 40th Avenue B. Bid Considerations None C. Other Businsess 1) Extension of Refuse/Recycling Contract with BFI 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) October 6, 1998 Board of Trustees Meeting 2) October 6, 1998 Library Board/City Council Budget Meeting 3) October 6, 1998 P & Z Meeting 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA RECESS TO EXECUTIVE SESSION Executive Session to discuss City Manager's Performance Evaluation RECONVENE REGULAR COUNCIL MEETING 11. ADJOURNMENT WF/js Mayor City OF COLUMBIA HEIGHTS (I-) Donald O. Jolly' 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806Marlaine Szttrek Gary L. Peterson Robert W. Ruettimann ADMINISTRATION City Manager Walter R, Fehst OCTOBER 23, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October 26, 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 willbe provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) MOTION: Move to approve consent agenda items as follows: a) Minutes of Council Meeting MOTION: Move to approve the minutes of the October 12, 1998 Regular Council Meeting as presented. b) Re-Issue Rental Housinz License After Revocation MOTION: Move to issue a rental housing license to Anthony Wilzcek to operate the rental property located at 3935 Tyler Street in that the provisions of the Housing Maintenance Code have been complied with. c) Establish Hearing Dates - License Revocation/Rental Properties MOTION: Move to establish a hearing date of November 9, 1998 for revocation or suspension of a license to operate a rental property within the City of Colun~bia Heights against Vincent Hanson at 4619-21 Taylor Street NE. Page 1 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER COUNCIL AGENDA LETTER OCTOI~ER 26, 1998 PAGE 2 MOTION: Move to establish a hearing date of November 9, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Susan Thoren at 4660-62 Taylor Street NE. MOTION: Move to establish a hearing date of November 9, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against William Frauly at 4544-46 Fillmore Street NE. MOTION: Move to establish a heating date of November 9, 1998 for revocation or suspension ora license to operate a rental property within the City of Columbia Heights against Vicki Hamilton at 1024-1026 45th Avenue NE. MOTION: Move to establish a hearing date of November 9, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Sally Anderson at 3843 - 3843 ½ Hayes Street NE. MOTION: Move to establish a hearing date of November 9, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Francis Job at 4017 6th Street NE. d) Close Public Hearings Regarding Revocation/Suspension of Rental License MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Jocelyn Hoffarth regarding rental property at 672 48th Avenue in that the property is in compliance with the Housing Maintenance Code. MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Jason Bouchard regarding rental property at 1336-1338 43 1/2 Avenue in that the property is in compliance with the Housing Maintenance Code. MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Ivan Ludeman regarding rental property at 4648 Polk Street in that the property is in compliance with the Housing Maintenance Code. MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Ivan Ludeman regarding rental property at 4640 Polk Street in that the property is in compliance with the Housing Maintenance Code. MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Richard Stueland regarding rental property at 1035 45th Avenue in that the property is in compliance with the Housing Maintenance Code. Page 2 COUNCIL AGENDA LETTER OCTOBER 26, 1998 PAGE 3 MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Roger Gillespie regarding rental property at 1010 42nd Avenue in that the property is in compliance with the Housing Maintenance Code. MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by David Utke regarding rental property at 3947 Arthur Street in that the property is in compliance with the Housing Maintenance Code. MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Gary Bailey regarding rental property at 233 42nd Avenue in that the property is in compliance with the Housing Maintenance Code. MOTION: Move to close the public heanng regarding the revocation or suspensmn of the rental license held by Sharon Veremeer regarding the rental property at 615 40th Avenue in that the property is in compliance with the Housing Maintenance Code. MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Farzara Khan regarding rental property at 966-968 44 ½ Avenue in that the property is in compliance with the Housing Maintenance Code. MOTION: Move to close the public heanng regarding the revocation or suspension of the rental license held by Lynde Investment Company regarding rental property at 4050, 4060 4100, 4120 4th Street and 4425, 4433, 4441, 4707, 4715, 5121, 5131, 5141 University Avenue in that the property is in compliance with the Housing Maintenance Code. e) Resolution No. 98-92 Regarding the 1999 Metropolitan Livable Communities Pro,am MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-92 being a resolution electing to continue participation in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act. f) Establish Dates for Council Work Sessions in November MOTION: Move to establish the following dates and times for Council work sessions: Wednesday, November 4, 1998 immediately following the 7:00 p.m. Election Canvass and Monday, November 16, 1998 immediately following the 7:00 p.m. Levy Hearing. g) Resolution No. 98-95 Bein~ a Resolution Awarding the Sullivan Lake Park Sanitary Lift Station Improvements to Penn Contracting in the amount of $205,586 MOTION: Move to waive the reading of the resolution there being ample copies available for the public. Page 3 COUNCIL AGENDA LETTER OCTOBER 26, 1998 PAGE 4 MOTION: Move to adopt Resolution No. 98-95 being a resolution accepting bids and award the Sullivan Lake Park Sanitary Lift Station Improvements, City Project No. 9722, to Penn Contracting of Blaine, Minnesota, based upon their low responsible bid in the amount of $205,586 accepting Alternate I to be appropriated from 652-59722-5130 and to authorize the Mayor and City Manager to enter into an agreement for the same. h) AS400 Computer System MOTION: Move to authorize the Mayor and City Manager to enter into a contract with IBM for the acquisition of an AS400 el70 computer system, installation/data transfer services, five year software maintenance plan and three year hardware maintenance plan. i) Replacement of Copier for City Hall MOTION: Move to authorize the Mayor and City Manager to enter into a purchase agreement with Danka Office Imaging Company to purchase the Kodak 285S at a price of $12,445 and the Toshiba 2060 at a price of $1,998. MOTION: Move to authorize the Mayor and City Manager to enter into a 36-month maintenance agreement with Danka Office Imaging Company at a cost orS0.01 per copy for the Kodak 285S and $27.00 per month for the Toshiba 2060. j) Payment of the Bills MOTION: Move to pay the bills as listed out of proper funds. k) Approval of License Applications MOTION: Move to approve the license applications as listed. 1) Amendment to Minnesota Investment Fund Loan A~reement MOTION: Move to approve the First Amendment to the Agreement for Loan of Minnesota Investment Fund bet~veen the City of Columbia Heights and Medtronic, Inc. and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. m) Regional Remodeling Planbook MOTION: Move to authorize payment of $5,000 to the Fridley Housing and Redevelopment Authority to assist in preparation of the Regional Planbook and that all related expenses be reimbursed from 226- 46310-3050; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. n) Approval of Classification & Count,/Sale of Certain Forfeit Land MOTION: Move to approve the classification and sale of 1334 44 92 Avenue P.I.N. 36 30 24 21 0075 and to authorize the City Manager to return to the Anoka County Board the completed classification and sale approval forms along with a copy of this motion. Page 4 COUNCIL AGENDA LETTER OCTOBER 26, 1998 PAGE 5 o) Recommend Approval of Property Tax Pawnent for Sheffield TIF District M8 MOTION: Move to recommend the City Council approve payment to Anoka County in the total amount of $6,291.29 for past due taxes in the Sheffield Tax Increment District M8; and furthermore, to authorize the City Manager and Mayor to appropriate funds from Fund 603. p) Approve Acquisition of Tax Forfeited Land at 4241 7th Street N-F, MOTION: Move to authorize the City Manager to file a written application along with a copy oftkis motion to the Anoka County Board to withhold the parcel at 4241 7th Street NE, P.t.N. 35 30 24 13 0022 from the sate of forfeit land and furthermore, to complete and submit all necessary forms and certifications. MOTION: Move to authorize the EDA to acquire the property at 4241 7th Street NE, P.I.N. 35 30 24 13 0022 from Anoka County; and furthermore, to authorize the appropriation of $7,926.44 from the Refuse Fund 603 with said funds to be repaid upon the sale of the property by the EDA. 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS a) Recognition of Service on Charter Commission Bruce Nawrocki served on the Charter Commission from 1982 to 1998. 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-93 Being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects to be Levied MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-93 being a resolution establishing amount of City share and amount of special assessments on projects to be levied. 2) Resolution No. 98-94 B ein~ a Resolution Regarding Removal of Hazardous Structure - 1010 40th Avenue NE MOTION: Move to waive the reading of the resolution there being ample copies available for the public. Page 5 COUNCIL AGENDA LETTER OCTOBER 26, 1998 PAGE 6 MOTION: Move to adopt Resolution No. 98-94, declaring the detached structure located at 1010 40th Avenue Northeast as hazardous and direct staff to abate the hazard by removal of the contents and securing of the building by replacement of the garage door using PIR funds. Costs of the project to be assessed to the property in the form of a special assessment payable over a five year period. B. Bid Considerations None C. Other Business 1) Extension of Refuse/Recycling Contract with BFI MOTION: Move to authorize the City Manager, Mayor and Council to enter into five year extension of the Refuse/Recycling contract with BFI/Woodlake Sanitary Sewer and to have the company provide and delivery heavy duty plastic, wheeled carts to all single and double households. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the Ci_ty Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) October 6, 1998 Board of Trustees Meeting 2) October 6, 1998 Library Board/City Council Budget Meeting 3) October 6, 1998 Planning and Zoning Commission Meeting 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.) RECESS TO EXECUTIVE SESSION Recess the Regular Council Meeting to an Executive Session to discuss the City Manager's performance evaluation. Page 6 COUNCIL AGENDA LETTER OCTOBER 26, 1998 PAGE 7 RECONVENE THE REGULAR COUNCIL MEETING Reconvene the Regular Council Meeting from the Executive Session called to discuss the City Manager's performance evaluation. 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City Manager WF/js Page 7 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 12, 1998 1. CALL TO ORDER/ROLL CALL The meeting was called to order by Mayor Sturdevant at 7:00 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimarm and Peterson. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA There were no additions nor deletions to the meeting agenda. 4. CONSENT AGENDA Motion by Ruettimann, second by Sturdevant to approve the Consent Agenda as follows; a) Approval of Meeting Minutes The Council approved the minutes of the September 28, 1998 Regular Council Meeting as presented. b) Resolution No. 98-89 Being a Resolution Certifying Delinquent Assessments The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98 - 89 CERTIFICATION OF DELINQUENT ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments, delinquent utility, and miscellaneous delinquent bills on the properties in the City of Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 1998 totaling $57,654.32. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments - Fund #82824. REGULAR COUNCIL MEETING OCTOBER 12, 1998 PAGE 2 SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until October 5, 1998. Upon receipt of said payments the City wilt remove them from the certification list sent to Anoka County. Passed this 12th day of October, 1998. Offered by: Ruettimann Seconded by: Sturdevant Roll Call: All ayes Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary c) Establish Hearing Dates for License Revocations, Rental Properties The Council approved the establishment of a hearing date of October 26, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the following properties and property owners: Jocelyn Hoffarth at 672 48th Avenue David Utke at 3947 Arthur Street Jason Bouchard at 1336-1338 43 ½ Avenue Roger Gillespie at 1010 42ns Avenue Fazara Kahn at 966-968 44 ½ Avenue Sharon Vermeer at 615 40th Avenue Gary Bailey at 233 42na Avenue d) Resolution No. 98-87 Being a Resolution Authorizing the Police Department to Enter into Cooperative Agreement with the Minnesota Department of Public Safety_ The reading of the resolution was waived there being ample copies available for the public. REGULAR COUNCIL MEETING OCTOBER 12, 1998 PAGE 3 RESOLUTION NO. 98-87 APPLICATION FOR DEPARTMENT OF PUBLIC SAFETY GRANT MADE BY POLICE DEPARTMENT WHEREAS, the Columbia Heights Police Department made application to the State of Minnesota Department of Public Safety for a grant for community oriented policing activities in order to pay overtime to perform these activities, and; WHEREAS, the Columbia Heights Police Department has been successful in obtaining this grant for the period November 1, 1998, to November 1, 1999, in the amount of $20,000; THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled "Community Oriented Policing Grant for Overtime for the period from November 1, 1998, to November 1, 1999; and that the City Manager and Mayor are hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Columbia Heights. Passed this 12th day of October, 1998. Offered by: Ruettimann Seconded by: Sturdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary e) Appointments to Youth Initiative Commission The Council approved the appointment of Aaron Bjork, Micah McLellan, James Martin and Kelly Crumpton each to a two year term on the Columbia Heights Youth Initiative Commission. f) Lea~e of Minnesota Cities Dues for Fiscal Year The Council approved the continued membership with the League of Minnesota Cities and authorized the armual payment of $9,505. REGULAR COUNCIL MEETiNG OCTOBER 12, 1998 PAGE 4 g) Rezoning, Conditional Use Permit, Variances, Case #9808 - 37, 4417 University Avenue and 315 44th Avenue The Council denied the request for the rezoning, the conditional use permit, and the variances for the property at 315 44th Avenue NE and 4417 University Avenue due to the potential negative impacts on surrounding property, and because the request is not consistent with the City Comprehensive Plan. h) Variance - Case #9810-42, 4763 Heights Drive The Council approved the variance of one foot at 4763 Heights Drive because tree location and topography on the property created a hardship. i) Variance - Case #9810-45, 2303 Maiden Lane The Council approved the variance of eight feet at 2303 Maiden Lane because tree location and topography on the property create a hardship. j) Conditional Use Permit - Case #9810-46, 418 40th Avenue Northeast The Council approved the conditional use permit to allow a garage on the property at 418 40th Avenue NE, subject to the three listed conditions. k) Approve Payment to Purchase 4216 Central Avenue NE from Anoka County The Council accepted the recommendation from the EDA and authorized payment to the County of Anoka for the acquisition of tax forfeited land at 4216 Central Avenue NE, P.I.N. F35 30 24 14 0077, in the amount orS11,829.45 plus associated legal fees to prepare a purchase agreement and complete the transaction with funding appropriated from 235-46385-5110. 1) Resolution No. 98-88 Being a Resolution on Enforcement of Optional Chapter 1306 of the Minnesota State Building Code The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-88 RESOLUTION REQUESTiNG DIRECTION ON ENFORCEMENT OF OPTIONAL CHAPTER 1306 OF THE MINNESOTA STATE BUILDiNG CODE WHEREAS, Chapter 1306 of the Minnesota State Building Code is optional; WHEREAS, Chapter 1306 o f the Minnesota State Building Code was inadvertently adopted and included as part of Ordinance Number 1344; REGULAR COUNCIL MEETING OCTOBER 12, 1998 PAGE 5 WHEREAS, enforcement would put a financial strain on existing and future commercial/industrial property owners in their redevelopment and remodeling efforts; WHEREAS, enforcement would create additional demands on the existing infrastructure to include the street excavation repair and water distribution systems; WHEREAS, the Building Official requested adoption in error and here to date has never enforced this provision; WHEREAS, a fire sprinkler system is required by the Uniform Building Code for certain buildings and is adopted without option; WHEREAS, before adoption of this chapter, an evaluation of the municipal water distribution system should be conducted by a private agency as suggested by the City Engineer; THEREFORE, BE IT RESOLVED that the City staff enforce the provisions of the 1995 Minnesota State Building Code adopted by Ordinance 1344 with the exception of optional Chapter 1306 which provisions should be waived. BE IT FURTHER RESOLVED that staff is directed to prepare a new Ordinance for consideration by the City Council said Ordinance to repeal Ordinance 1344 and adopt the new 1998 Minnesota State Building excluding Chapter 1306. BE IT FURTHER RESOLVED this proposed Ordinance be presented to the City Council at the earliest available date. Passed this 12th day of October, 1998. Offered by: Ruettimann Seconded by: Sturdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council m) Resolution No. 98-91 Being a Resolution Accepting Bid and Awarding Retaining Wall Construction Project #9733, 9734 and 9738 The reading of the resolution was waived there being ample copies available for the public. REGULAR COUNCIL MEETING OCTOBER 12, 1998 PAGE 6 RESOLUTION NO. 98-91 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR MODULAR BLOCK RETAINING WALL CONSTRUCTION CITY PROJECTS #9733, 9734, AND 9738 TO NADEAU UTILITY, INC. WHEREAS, pursuant to an advertisement for bids for City Projects #9733, 9734 and 9738, Modular Block Retaining Wall Construction, S.A.P. No. 113-104-12, 113-110-07 and 113-112-07, two bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement. Nadeau Utility, Inc. Rosti Construction Co. WHEREAS, it appears that Nadeau Utility, Inc. of 20005 Highway 81, Maple Grove, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The Mayor and Clerk are hereby authorized and directed to enter into a contract with Nadeau Utility, Inc. in the name of the City of Columbia Heights for Modular Block Retaining Wall Construction, City Projects No. 9733, 9734 and 9738, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. Dated this 12th day of October, 1998. Offered by: Ruettimarm Seconded by: Sturdevant Roll call: Alt ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING OCTOBER 12, 1998 PAGE 7 n) .Payment of the Bills The Council approved the payment of the bills as listed out of proper funds. o) .Approval of License Applications The Council approved the license applications as listed. p) Approving EDA Purchasing Policy and Authority Motion by Ruettimann, second by Sturdevant to remove this item from the agenda and place on the agenda of a future Council work session. Roll call: All ayes Roll call on Consent Agenda: Ail ayes .5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS; a) Recom~ition ofBFI - Donation to DARE Prom'am In recogition of a contribution to the City's DARE Program, Police Chief Johnson presented a framed certificate to a representative of BFI. The funds were used to repaint and place graphics on the Department's new police van. A similar certificate was presented to the Council for display in the Council Chambers. The van was officially presented to the City as well. b) Proclamation - Polish American Heritage Month The Mayor read the proclamation designating the month of October as Polish American Heritage Month in Columbia Heights. It was presented to two members of the Sister Cities Committee. Columbia Heights' Sister City is Lomianki, Poland. These two members and fifteen others travelled recently to Poland. They shared some of the highlights of the trip with the Council. c) Re-dedication of the High School Football Field The Mayor mentioned the recent re-dedication of the football field at the Columbia Heights football field. He felt the festivities, which included fireworks, were well done. 6. PUBLIC HEARINGS a) Public Hearing and Second Reading of Ordinance No. 1377 Being an Ordinanm; Regarding Changes to the Licensing Section of the City Cod~: REGULAR COUNCIL MEETING OCTOBER 12, 1998 PAGE 8 The City Manager advised that a committee has been meeting for over two years reviewing this section of the City Code. Motion by Jolly, second by Ruettimarm to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes Motion by Jolly, second by Ruettimann to adopt Ordinance No. 1377 being an ordinance pertaining to the amendment of certain sections of the licensing requirements of the City Code. Roll call: All ayes ORDINANCE NO. 1377 IS MANY PAGES IN LENGTH. IT IS AVAILABLE IN ITS ENTIRETY FOR PUBLIC REVIEW AT THE LIBRARY, THE POLICE DEPARTMENT, THE PUBLIC WORKS DEPARTMENT, THE EDA OFFICES AND THE ADMINISTRATIVE OFFICE IN CITY HALL. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-90 Being a Lot Split Request at 4121 Stinson Boulevard The EDA Director reviewed the request. One of the requirements of the Planning and Zoning Commission's approval was the removal of the blacktopped driveway. The buyer of the property requested permission to leave the driveway as-is until the adjoining parcel is purchased and plans for its development are complete. When the Council approved the resolution, language was added to authorize the lot split with the contingency that the driveway blacktop would be removed when the adjacent parcel was sold Councilmember Jolly requested staff to pursue information regarding the water service(s) to this house. He had concern with the water service for the pool and for the guest house on the back of the lot. Councilmember Jolly also requested staff to look at the catch basin on the property. Motion by Szurek, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING OCTOBER 12, 1998 PAGE 9 RESOLUTION NO. 98 - 90 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Betty R. Hardle, described as: Hereby request a split of PIN 36 30 24 14 0054 Legally Lots 12 and 13, Block 1, Silver Lake Addition to Columbia Heights, Anoka County, Minnesota. Subject to easements of record. THE DESCRIPTION HENCEFORTH TO BE: A. Lot 13, and the South 20.00 feet of Lot 12, Block 1, SILVER LAKE ADDITION TO COLUMBIA HEIGHTS, Anoka County, Minnesota. Bo That part of Lot 12, Block 1, SILVER LAKE ADDITION TO COLUMBIA HEIGHTS, Anoka County, Minnesota, lying northerly of the South 20.00 feet thereof. 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, have been paid. 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: * Comment 1 This 6th day of October, 1998. Offered by: Peterson Seconded by: Ramsdell Roll Call: All ayes Betty Hardle Signature of O~vner, Notarized 4121 Stinson Blvd NE Owner's Address Telephone No. 612-781-1066 REGULAR COUNCIL MEETING OCTOBER 12, 1998 PAGE 10 Joe Hollman Zoning Officer CITY COUNCIL ACTION * Comment 2 This 12th day of October, 1998. Offered by: Szurek Seconded by: Sturdevant Roll Call: All ayes SUBSCRIBED AND SWORN TO BEFORE ME this 21st day of September, 1998. Jane Ann Gleason Notary Public Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary FEE: $150.00 DATE PAID: 9-9-98 * Comment 1 PLANNING & ZONING DEPARTMENT ACTION: Recommend City Council approval of Resolution 98 - 90, subject to removal of the pool and driveway, and provided that staff discuss with the City Attorney the need to provide easements over the existing sanitary service lines crossing Tract "B". * Comment 2 CITY COUNCIL ACTION: Adopt Resolution 98 - 90, subject to removal of the pool and later removal of the driveway contingent on the sale of the adjacent parcel (Tract "B"). B. Bid Considerations None RECEIPT No. 37625 REGULAR COUNCIL MEETING OCTOBER 12, 1998 PAGE 11 C. Other Business None 8. ADMINISTRATIVE REPORTS A. Report of the City Manager No report B. Report of the CiW Attorney No report 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions The following meeting minutes were in the agenda packet: 1) August 6, 1998 Charter Commission Meeting 2) September 23, 1998 Park and Recreation Commission Meeting 3) October 5, 1998 Traffic Commission Meeting These minutes were for informational purposes only. No Council action was necessary. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A resident fi.om the 49th Avenue and Jackson Street advised the Council of a letter she received from the City regarding trimming of trees and branches on her property. Staff will follow up on this matter at a time convenient for this property owner. A resident fi.om 43~d Avenue expressed concern regarding the surface condition of his newly-reconstructed street. This had been brought to the attention of staff previously by this resident. The Public Works Director advised this matter had been viewed by a consultant and no report has been received at this point in time. A resident fi'om Reservoir Boulevard detailed her experience with a construction site in her neighborhood. It had been viewed by the City Manager and the contractor solved the problem. There was a very large excavation left unfenced. REGULAR COUNCIL MEETING OCTOBER 12, 1998 PAGE 12 A resident of 39th Avenue expressed her concerns relative to statements made by a member of the City Council. RECESS TO EXECUTIVE SESSION The Regular Council Meeting was recessed to an Executive Session at 8:25 p.m. to discuss the City Manager's performance evaluation. RECONVENE REGULAR COUNCIL MEETING The Regular Council Meeting was reconvened at 8:35 p.m. 11. ADJOURNMENT Motion by Peterson, second by Szurek to adjourn the meeting at 8:35 p.m. Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant CITY COUNCIL LETTER Meeting of October 26, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: 4 CONSENT AGENDA Fire APPROVAL ITEM: Re-Issue Rental Housing License after BY: Charlie Ke~vatt BY: / Revocation NO: ~.~ ..- ~ DATE: October 19, 1998 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Anthony Wilzcek regarding rental property at 3935 Tyler Street for failure to meet the requirements of the Housing Maintenance Codes has been resolved. The above mentioned owner has corrected all outstanding violations and paid all fees due. RECOMMENDED MOTION: Move to issue a Rental Housing License to Anthony Wilzcek to operate the Rental Property located at 3935 Tyler Street in that the provisions of the Housing Maintenance Code have been complied with. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: October 26, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ¢ Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt License Revocation, Rental Properties NO: I~. ~. DATE: October 19, 1998 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owner regarding Ms/her rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Vincent Hanson ............................... 4619-4621 Taylor Street NE 2. Susan Thoren ................................. 4660-4662 Taylor Street NE 3. William Frauly ............................... 4544-4546 Fillmore Street NE 4. Vicki Hamilton ................................. 1024-1026 45th Avenue NE 5 Sally Anderson ................................. 3843-3843-1/2 Hayes Street NE 6. Francis Job .................................... 4017 6th Street NE RECOMMENDED MOTION: Move to Establish a Hearing Date of November 9, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Vincent Hanson at 4619-4621 Taylor Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of November 9, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Susan Thoren at 4660-4662 Taylor Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of November 9, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against William Frauly at 4544-4546 Fillmore Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of November 9, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Vicki Hamilton at 1024-1026 45th Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of November 9, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Sally Anderson at 3843-3843-1/2 Hayes Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of November 9, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Francis Job at 4017 6th Street NE. ~] COIJNCIL ACTION: CITY COUNCIL LETTER Meeting of October 26. 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER ~j CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt Rental License Revocation d'It"tl~'t'"t DATE: October 13, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Jocelyn Hoffarth regarding rental property at 672 48th Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of October 26, t998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Jocelyn Hoffarth Regarding Rental Property at 672 48th Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Ctose Hearing Council Letter CITY COUNCIL LETTER Meeting of October 26, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt Rental License Revocation DATE: October 13, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Jason Bouchard regarding rental property at 1336-1338 43-1/2 Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of October 26, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Jason Bouchard Regarding Rental Property at 1336-1338 43-1/2 Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of October 26. 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA Fire APPROVAL NO: ITEM: Close I-Iearing BY: Charlie Kewatt Rental License Revocation DATE: October 13, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Ivan Ludeman regarding rental property at 4648 Polk Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of October 26, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Ivan Ludeman Regarding Rental Property at 4648 Polk Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of October 26, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY:~ ~~,~.~ Rental License Revocation DATE: October 13, t998 DATE: NO: The matter of the revocation o£the license to operate a rental unit(s) within the City of Columbia Heights against Ivan Ludeman regarding rental property at 4640 Polk Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of October 26, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Ivan Ludeman Regarding Rental Property at 4640 Polk Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of October 26, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA Fire APPROVAL NO: · BY: ITE M: Close Hearing BY: C harlie Kewatt Rental License Revocation DATE: October 13, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Richard Stueland regarding rental property at 1035 45th Avenue for failure to meet the requirements of the Housing Maintenance Codes ~vas previously scheduled to commence at the City Council meeting of October 26, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Richard Stueland Regarding Rental Property at 1035 45th Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of October 26. 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA Fire APPROVAL NO: Rental License Revocation DATE: October 13, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Roger Gillespie regarding rental property at 1010 42nd Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of October 26, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENTDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Roger Gillespie Regarding Rental Property at 1010 42nd Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of October 26, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kexvatt Rental License Revocation DATE: October 13, 1998 DATE: NO: The matter o£the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against David Utke regarding rental property at 3947 Arthur Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of October 26, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by David Utke Regarding Rental Property at 3947 Arthur Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of October 26, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing B Y: Chartie Kewatt BY:~~~_,-~.~.'~'~~ Rental License Revocation DATE: October 19, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Gary Bailey regarding rental property at 233 42nd Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of October 26, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Gary Bailey Regarding Rental Property at 233 42nd Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of October 26, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: ~/j,~f.J~.~: ' Rental License Revocation DATE: October 19, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Sharon Vermeer regarding rental property at 615 40th Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of October 26, 1998. The public hearing on this property may no~v be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hear/ng Regarding the Revocation or Suspension of the Rental License Held by Sharon Vermeer Regarding Rental Property at 615 40th Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of October 26, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY2,~ ~.~,/~.~. Rental License Revocation DATE: October 19, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Farzara Khan regarding rental property at 966-968 44-1/2 Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of October 26, 1998. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Farzara Khan Regarding Rental Property at 966-968 44-1/2 Avenue NE in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Ctose Hearing Council Letter CITY COUNCIL LETTER Meeting of October 26. 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA F/re APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: ./~~/~/ Rental License Revocation ~ DATE: October 19, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) with_in the City of Columbia Heights against Lynde Investment Company regarding rental property at 4050, 4060, 4100, 4120 4th Street & 4425, 4433, 4441, 4707, 4715, 5121, 5131, 5141 University Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of October 26, 1998. The public heating on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Lynde Investment Company Regarding Rental Property at 4050, 4060, 4100, 4120 4th Street & 4425, 4433, 4441, 4707, 4715, 5121, 5131, 5141 University Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of: October 26, 1998 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~ Community Development APPROVAL ITEM: Resolution 98-92, regarding the 1999 BY: Joe Hollman<zZ~z/-/F BY: Metropolitan Livable Communities program DATE: October ltl, 1998 No: ¥- Issue Statement: Attached, please f'md a copy of Resolution 98-92 which is a resolution electing to continue participating in the local housing incentives account program under the Metropolitan Livable Communities Act. The Metropolitan Council requests that the attached resolution is used by the cities who elect to participate in the program. Background: The Metropolitan Council requires that communities provide a resolution of intent to participate in the Metropolitan Livable Communities program by November 15 each year. Columbia Heights has elected to participate in each of the past four years. During previous years, housing goals (attached) were set for each City and a Housing Action Plan was required to participate in the program. Note that Columbia Heights currently exceeds the housing targets that have been established, and the required Housing Action Plan was prepared in 1996. Analysis: Incentives for renewed participation include access to $11 million for housing development, clean-up of polluted sites for business and housing development, and mixed use development. There are three funding accounts through the Livable Communities Fund that the City has access to on a competitive basis. These are as follows: · The Livable Communities Demonstration Account is designed to fund a variety of community development projects through loans or grants; · The Tax Base Revit~liTation Account provides grants for polluted site cleanup; and, · The Local Housing Incentives Account provides grants to help cities work toward affordable and life cycle housing goals through a voluntary program. Recommendation: Staff recommends that the City Council adopt Resolution 98-92, renewing our participation in the Metropolitan Livable Communities program. Recommended Motions: Move to waive the reading of Resolution 98-92, there being ample copies available to the public. Move to adopt Resolution 98-92, Being a Resolution Electing to Continue Participation in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act. COUNCIL ACTION: RESOLUTION 98-92 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life- cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1999, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1998, can continue to participate under Minnesota Statutes Section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1998; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality: NOW, THEREFORE BE IT RESOLVED that the Columbia Heights City Council hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1999. PASSEDTHIS 26th DAYOF October Offered by: $ tu rdeva n t Ruett imann Seconded by: Roll Call: A1 1 I ayes ,19 98 Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary HOUSING GOALS AGREEMENT METROPOLITAN LIVEABLE COMMUNITIES ACT PRINCIPLES PRINCIPLES: The City of Columbia Heights supports: 1) The development of homing types for people in all stages of the Life cycle, with particular emphasis on additional senior housing opportunities and owner-occupied housing that is more consistent with metropolitan/suburban average values. 2) Housing redevelopment activities that promote a balanced housing stock within the Metropolitan Council's benchmark ranges of affordability, Life style, and density. 3) Principles that assure that the City's various housing programs continue to accommodate people at all income levels, racial groups, or ethic backgrounds. 4) The promotion of redevelopment activities that diversify t_he tax base, maximize la.nd use utilization, and at the same time respect the natural environment. 5) An emphasis on housing activities that serve to rehabilitate the vast owner-occupied--a, ffordable housing resources already existing in the city. 6) Where feasible, establish rental rehabilitation programs ah-ned at stabilizing and improving the conditions of the vast ~t'fordable rental housing resources already existing in the city. GOALS: To carry out the above housing principles, the City of Columbia Heights agrees to use benchmark indicators for communities of similar location and state of development as affordable and life-cycle housing goals tbr the period 1996 to 2010, and to make its best efforts, given market conditions and resource availability, to maintain an index within the benchmark ranges for affordability, Life-cycle and density. AffordabiLiW Ownership 96% 77-87% 86% Rental 58% 45-50% 49% Life-Cycie Type (Non-Single Family Detached) 36% 33-41% 38% Owner/Renter Mix 68/32% (64-75)/ 75/25% (25-_36)% Density Single-F~mity Detached 4.0/acre 2.3-2.9/acre 3.9/acre Multi family 22/acre 13-15/acre 21/acre To achieve the above goals, the City of Columbia Heights elects to participate in the Metropolitan Liveable Communities Act Local Housing Incentives Program and will prepare and submit a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above goals. CERTIPICATION ayor Date CITY COUNCIL LETTER Meeting of: October 26, 1998 AGENDA SECTION: CONSENT ORIGINATING CITY NO. ,! DEPARTMENT: MANAGER'S Administration APPROVAL ITEM: ESTABLISHMENT OF COUNCIL WORK BY: J. Student BY: SESSIONS /-t/- ,.~ DATE: October 21, 1998 DATE: The following dates are being recommended for Council work sessions in the month of November: Wednesday, November 4, 1998 immediately following the 7:00 p.m. Election Canvass and Monday, November 16, 1998 immediately following the 7:00 p.m. Levy Hearing MOTION: Move to establish Wednesday, November 4, 1998 immediately following the Election Canvass and Monday, November 16, 1998 immediately following the Levy Hearing as Council work session dates and times for the month of November. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 10/26/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: A WARDOFSULLIVANLAKEPARK ¢~ BY: K. Hansen~~ BY: SANITARY LIFT STATION IMPROVEMENTS DATE: 10/21/~.~.-~- DATE: Background: On September 28, 1998, the City Council approved final plans and specifications and authorized staffto seek bids for the Sullivan Lake Sanitary Sewer Lift Station Improvements. The project was advertised with a bid opening date on October 20,1998 at 9:00 a.m. The City received 6 bids ranging from $206,486 to $245,142. The low bid received is $11,500 or 5.3% under the engineer's estimate of $218,000. A copy of the Bid Opening Minutes is attached for reference. Analysis/Conclusions: The project is funded through an Economic Development Program Grant (MIF) in the amount of $250,000 and Parks Capital Improvement Fund in the amount of $11,000 for a total budget of $261,000. The responsible low bid is consistent with the total budget costs, which includes site landscaping, engineering, administration and legal. An alternate bid was included in the bid proposal which would provide for the substitution of polyethylene pipe in lieu of ductile iron for the four inch discharge force main. Public Works is recommending accepting this alternate for a deduct of $900. Complete line item bid tabulations are on file in the engineering department. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMI~.NDED MOTION: Move to approve and adopt Resolution No. 98- accepting bids and award the Sullivan Lake Park Sanitary Lift Station Improvements, City Project No. 9722, to Penn Contracting of Blaine, Minnesota, based upon their low responsible bid in the amount of $205,586, accepting Alternate 1 to be appropriated from 652-59722-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Minutes of Bid Opening Resolution G:\ ..\Sullivan Lke Park Lift Sta Improv Award~Penn COUNCIL ACTION: Resolution No. 98- 95 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SULLIVAN LAKE PARK SANITARY LIFT STATION IMPROVEMENTS CITY PROJECT #1997-22 TO PENN CONTRACTING WHEREAS, pursuant to an advertisement for bids for City Project #1997-22, Sullivan Lake Park Sanitary Lift Station Improvements, six bids were received, opened and tabulated according to law. The following bidders complied with the advertisement. Deduct Bidder Base Bid Alternate 1 Penn Contracting $206,486.00 $ 900 Barbarossa & Sons $214,469.00 $ 0 W. B. Miller $218,127.60 $1,000 Great Western $218,228.48 $1,200 Richard Knutson, Inc. $243,150.87 $ 500 Northdale Const. $245,142.23 $ 0 WHEREAS, it appears that Penn Contracting of 13025 Central Avenue, Blaine, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The Mayor and Clerk are hereby authorized and directed to enter into a contract with Penn Contracting in the name of the City of Columbia Heights for Sullivan Lake Park Sanitary Lift Station Improvements, City Project No. 1997-22, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. Dated this 26th day of October, 1998. Offered by: $ tu rdeva Seconded by: Ruer t i'mann Roll Call: A11 ayes CITY OF COLUMBIA HEIGHTS BY Mayor 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 true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 26th day of October, 1998, as disclosed by the records of said City in my possession. Seal Jo-Anne Student Deputy City Clerk CITY OF COLUMBIA HEIGHTS 637 38th Avenue NE Columbia Heights, Minnesota 55421 Minutes of Bid Opening on Tuesday, October 20, 1998 at 9:00 a.m. City Project No. 1997-22 Sullivan Lake Park Sanitary Lift Station Improvements Pursuant to an advertisement for bids for City Project 1997-22, an administrative meeting was held on October 20, 1998 for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kevin Hansen, City Engineer Joarme Baker, Public Works Secretary Patrick Doty, RKI Chris Flykt, Barbarossa & Sons Bids were opened and read aloud as follows: Bidder Penn Contracting Blaine, MN 55434 Barbarossa & Sons Osseo, MN 55369 W. B. Miller Elk River, MN Great Western Forest Lake, MN 55025 Richard Knutson, Inc. Savage, MN 55378 Northdale Const. Rogers, MN 55374 Bid Deposit 5% Bid Bond 5% Bid Bond Bid Bond Bid Bond 5% Bid Bond 5% Bid Bond 9 8 pro~/Cr ckslng/bidmints William Fadden, Fadden Pump Walter Boorsma, Great Western Gary Brown, RLK Base Bid $ 206,486.00 Deduct Alternate 1. $ 900 $ 214,469.00 $ 0 $ 218,127.60 $1,000 $ 218~228.48 $1,200 $ 243,150.87 $ 500 $ 245,142.23 $ 0 CITY COUNCIL LETTER Meeting of: October 26th, 1998 AGENDA/SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: ~ FINANCE / . ?~;~4-~ APPROVAL ITEM: AS400 Computer System BY: WILLIAM ELRITE BY: NO: ~" h DATE: October 15tl~, 1998 DATE: The Finance Department of the City of Columbia Heights maintains all of its f'mancial data on an AS400 computer system. The current system is past its performance parameters, approaching 90% usage (tolerance levels are 70%) and being very slow in response to user's requests for data inquiry or processing. The current system is a CISC-based system, which is an older technology that IBM has stated it will no longer provide upgrades for. Also, due to the system's limitations, it is only available to a few departments on the City's LAN. The current AS400 computer system was purchased in 1993 and has had several upgrades since then. It is now at the point where it can no longer fulfill our needs. Due to these factors, staff is recommending that the system be replaced as soon as possible, before data is lost due to storage restrictions. Staff has had an onsite analysis done which supports that the current AS400 computer system is in need of upgrading, and provides specifications that a new AS400 computer system should have to meet the City's requirements for performance and interoperability. Based on this analysis and staff's own research, the following system is recommended: AS400 el70 model with 2291 processor, 256MB main storage, 12.57GB DASD storage, 10/100 Ethernet controller, PCI RAID controller with disk, 13GB tape drive, twinaxial controller, modem, complete operating system/client access software package, installation/data transfer services provided by the vendor of the system, along with a 5yr software maintenance plan and a 3yr hardware maintenance plan. Staff has had four vendors provide price quotes on the system requested, and, based on these quotes and past experience with the vendors, staff is recommending that the City acquire an AS400 e 170 computer system, installation/data transfer services, 5yr software maintenance plan and 3yr hardware maintenance plan from IBM, for a total cost of $45,181, to be funded from Capital Equipment Replacement Fund 431. The proposed upgrade is included in the 1998 budget. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a contract with IBM for the acquisition of an AS400 el70 computer system, installation/data transfer services, 5yr software maintenance plan and 3yr hardware maintenance plan. COUNCIL ACTION: ' AS400 e170 MODEL QUOTE COMPARISON Vendors - BCS BRC CPS IBM BASIC SYSTEM AS400 e170 System Server Unit 2291 Processor 256MB Main Storage 4- 4.19GB DASD HDDs PCI RAID Controller PCI Twinaxial Controller PCI 10/100 Ethernet Card 13GB Tape Drive 1000-1400 VA UPS Modem 3yr Hardware Maintenance $5,125 $19,465 $10,000 $4,150 $3,648 $1,392 $5,400 $1,746 $4,000 $3,600 incl incl incl incl $1,800 $2,340 $1,056 $899 $525 incl $7,500 $4,797 $27,402 incl lncl incl ]ncl ~ncl incl incl incl $525 $3,316 $27,374 incl incl incl incl incl incl incl $1,520 $525 $3,316 HARDWARE TOTALS $39,054 $38,389 $31,243 $32,735 BASIC SYSTEM SOFTWARE V4R2 OS400 Client Access Windows Client Access Appl Dev Toolset Query 5yr Software Subscription $3,523 incl $5,216 $1,333 incl incl incI incl incl incl incl incl incl incl incl incl $3,250 incl incl incl incl incl incl incl $1,788 $2,400 incl $1,788 SOFTWARE TOTALS $8,561 $2,400 $5,216 $3,121 BASIC SYSTEM SERVICES AS400 System Transition AS400 Upgrade Assistant AS400 Smoothstart TIAP (estimate - would not provide a ceiling) use IBM useiBM $1,900 uselBM uselBM $6,800 uselBM use IBM $625 $4,640 SERVICES TOTALS $9,325 $4,640 $9,325 $9,325 BASIC SYSTEM COMPLETE TOTALS $56,940 $45,429 $45,784 $45,181 Note that some vendors would not provide pricing for some options, in these cases, we used State Contract pricing to maintain an applicable comparison. CITY COIJ'NCIL LETTER Meeting of: October 26,1998 AGEND .A ~ECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~.~ FINANCE APPROVAL ITEM: REPLACEMENT OF COPIER FOR BY: WILLIAM ELRITE BY: The City has one primary copier located in City Hall that does the bulk of all the City copying. This copier is over 10 years old; it was purchased on July 11, 1988 for $44,512. Due to the age of the copier and increased maintenance costs, $15,000 was budgeted in 1998 for the purchase of a new City Hall copier. On July 28, 1998, Division Heads ~vere surveyed for their input as to features they xvould like on a new copier. The one additional feature requested by the majority who responded was the capability to enlarge documents. During September and October staff met with representatives from Danka (formerly Kodak), Xerox Corporation, Stringer Business Systems, IKON Office Solutions, and TBS Office Automations, and requested informal bids for a new copier and monthly maintenance. Quotations xvere received from all of the above vendors except Stringer Business Systems. After comparing features, price, and potential reliability of service of the copier, staff recommended purchasing the Kodak 285S from Danka at a price of $12,445, ~vhich was the lowest bid. The Kodak 285 is essentially the same machine as the current copier (225F), but with a faster speed (85 copies per minute vs. 70 copies per minute), and a few other minor improvements. Since the 285 does not have enlarging capabilities, Danka also proposed the purchase of the Toshiba 2060, a small desktop copier that has enlarging capabilities at a price of $1,998. This is a low-volume copier that could also be used to run a few copies when the main copier is tied up in a large run. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a purchase agreement with Danka Office Imaging Company to purchase the Kodak 285 S at a price of $12,445 and the To shiba 2060 at a price of $1,998. Move to authorize the Mayor and City Manager to enter into a 36-month maintenance agreement with Danka Office Imaging Company at a cost of $0.01 per copy for the Kodak 285S, and $27.00 per month for the Toshiba 2060. WE:dn 9810132 COUNCIL ACTION: '~ ' CITY OF COLUMBIA I-t-EIGHTS DATE: OCTOBER 21, 1998 TO: KODAK COPIER COUNCIL LETTER FROM: WILLIAM ELRITE FINANCE DIP,_ECTOR SUM_MARY OF THE 10/19/98 WORK SESSION At the work session Council members questioned if the new copiers came with a warranty. The answer to this is that they do. The Kodak 285 copier comes xvith a seven-year warranty. This warranty does not cover routine maintenance, service, and parts. It does warranty that if the copier cannot be repaired by Danka during the seven-year period, that Danka will replace it xvith a new copier free o£charge. The same warranty applies to the Toshiba desktop copier for a five-year period of time. None of the copier companies contacted for price quotes on high volume copiers provide any free maintenance or service. On all of them the maintenance contract starts at the time you purchase the copier. Neither Kodak nor Xerox would budge on this issue. Their position is that they have their copiers and service pr/ced as low as they can go, and they will not include any free maintenance. However, as I stated at the work session, the upgrading of the Kodak machine is a good deal for the City. The original Kodak that we are using now was purchased for $44,000 in 1988. The proposed replacement copier, which is a step up from the current machine, is $15,000. After trade-in of the current Kodak copier, the net cost to the City is $12,445. In addition to this, the maintenance contract on the new machine is $339/month less than the current copier. Based on this savings, the City will recover the cost of the new copier in three years. If any additional information is needed, I will be available at the Council meeting of October 26, 1998. WE:dn 9810132 · :~ KODAK Current copier (225) 285 Toshiba 2060 Performance Monthly volume range 350,000+ 350,000+ 25,000 Yearly volume range Rated speed 70 cpm 85 cpm 20 cpm Input Original size Paper weights Capacity Computer forms feeder User interface Control panel Copy quantity range Copy controller 8x10- 8.5 x 14 8x10-8.5 x 14 5.5x8.5- 11x17 16- 110 lb 16- 110 lb na 60 originals 60 originals na LED LED 999 9,999 Yes 600 accounts Duplexing 1-2, 2-2 1-2, 2-2 Reduction To 64% To 64% Enlargement Paper Supplies Size Weight Total supplies & capacities Duplex tray 999 40 accounts na To 50% ~ ............... To 200% 8x10 to 8.5x14 8x10 to 8.5x14 16 to 110 lb 16 to 110 lb Two; 1,000 sheets each Two; 1,000 sheets each One; 600 50 sheets 60 sheets na Special Appfications Covers yes Slip sheeting (1-sided) yes Chapters (2-sided) yes Transparency interleaf no Book copying yes Edge erase no Image shift no Background suppression Optional saber binding no Energy save no Productivity Job interrupt yes Pause yes Image Quality Black & white Grey scale Output Capabilities Finishers/stapIer capacity Paper sizes Stapler positions Stapler capacity yes na yes na yes na yes na yes yes yes yes no na no yes yes yes yes yes 2,000/500 sheets 8xl0to 8.5 x 14 One 25 sheets 2,000/500 sheets na 8xl0to 8.5 x 14 One na 25 sheets na Pr/ce Copier Maintenance Maint. @ 60,000 copies 0.0099/copy + $345./mo rain chrg $939.00 $12,445 0.01/copy Min chrg 30,000 copies/mo $600.00 $1,998 $27/month up to 1,000 copies overage at $0.0223 ns · ~ XEROX 5680 5385 5100A Performance Monthly volume range 200,000 150,000 300,000 Yearly volume range Rated speed 80 cpm 80 cpm 100 cpm Input Original size 5x8 - 1 lx17 5.5x8.5 - 17 x 22 5x5 - 1 lx17 Paperweights 9- 110 lb 9- 110 lb 16- I10 lb Capacity 100 originals 100 originals 100 originals Computer forms feeder 3" unburst fanfoId 3" unburst fanfoId 3" unburst fanfold User Interface Control panel Copy quantity range Copy controller Duplexing Reduction Enlargement Paper Supplies Size Weight Total supplies & capacities Duplex tray color graphics graphics touch screen 1-999 1-9,999 2,000 accounts 2,000 accounts 9,311 accounts 1-2, 2-2, 2-1 1-2, 2-2, 2-1 1-2, 2-2, 2-1 To 64% To 50% To 64% To 155% To 200% To 155% 8x10 to 8.5x14 16 to 110 lb Two; 1,000/500 50 sheets Special Applications Covers yes Slip sheeting (1-sided) yes Chapters (2-sided) Transparency interleaf yes Book copying yes Edge erase yes Image shift Background suppression yes Optional saber binding yes Energy save yes Productivity Job interrupt Pause Image Quafity Black & white Grey scale Output Capabilities Finishers/stapler capacity Paper sizes Stapler positions Stapler capacity Price Copier Maintenance 8x10 to 11x17 13 to 110 lb Four + bypass, 4,850 50 sheets 8x10- 11x17 16 to 110 lb Three; 550/550/2,400 100 sheets yes yes yes yes yes no yes yes yes yes yes yes yes excelIent excellent excellent excellent 1,500 sheets 8x10 to 8.5x14 50 sheets & convenience stapler 1,000 sheets 50 sheets & convenience stapler 1,500 sheets 8x10 to 11x17 Single landscape; single/dual portrait 100 sheets $19,960 $170/mo + .00867/copy $18,645 $170/mo + .00867/copy $34,015 new/S25,475 used $319/mo + .00739/copy Maint. @ 60,000 copies $690.20 $690.20 $762.40 BRC F:]iNANCIAL. SYSTEM 0/2`3/98 08: 48: 29 Check History F'UNi) I)ESCR]]PT]]ON ]. 01 201 203 204 ';:". 0 L=, 2,35 240 250 270 385 406 431 60]. 602 602; 609 652 701 7 ]. 0 720 884 887 COMMUNT. TY DEVELOPMENT FUND F"'ARKV]]EW VILLA NORTH ECONOMIC DEVELOPMENT AUTH SECT]:ON 8 I-"ARKVIFW VT.I..L.A SOt.]TH CABL..tZ TEl_EVil S ]] ON RENTAL.. I..K]US Z NL~ L.. ]: BRARY COL_ HGHTS AF-'TER .c3CHOOL ENF.'.Z 1} A F:.' E F:'RO JE,7. CT HI. JI_T]]-USL::'. IR'I.T. DIFgL:-'L_Ot:'MI:ZI't]- PL..AN ME:I)'f'RON ZC: CAF' I!.~QtJT. I:' IREPLACL:'_'-'G[<I'-II.:"FL'AI... W A'f'L'ZR U'T"I: L_ T. TY SEWL-ZR U-I~'[L Z TY REF:'LJSE~: F:'LltqD I.. T. (-] UOI~ (,3E:L'JE!:F:,' CONS;'t-RLJCT]:C)N F:'LJND CIFNTRAL_ G AI;,'AGE El: N t~'.".l~ G Y MANAGIZMENT DATA I:qkOCESS ]~ I'-IG I I'qSLJRAlqCE!: ESCROW F:'l...r'i]X BENEFIT TRUST F:UND TOTAL_ ALI... F:UNDS D I SBURSEMENTS 37,56I . 43 6,875 ,. 67 8,286.6:1. 1.1.,710.2:0 891.65 1,434..25 4,691.97 1~:;, ()52,, 50 4,384.64 267 .. 52 ].45.09 1`3, ~05,. 56 90.65 16,374..`37 10,571.07 3,268 .. 83 ]. O0,627.86 29,682.67 56,880.48 1,517.97 439.10 2,548.22 19,686.00 ].69,106.9`3 218 ~ 60 513:,619..84 BAI',!!< Rlii]CAF' :: BANK NAME BANK CI.-IECI<]] NG AC;COUNT TOTAL_ ALL BANKS DISBURSEMENTS 513,6].9.84 51`3,619.84 BF.'C Fr.]:NANCIAL. SYSTEM .t. 0/2.'~:/98 08: 4 Check History ].0/26/98 COLJNCZ L.. L..]]ST CZTY OF COLUMBIA HE:-IGHTS GL. 540R..-V05,20 I='AGE~ J. BAN K VENDOR BANK CHIECKZNC:; AC[]]OLJN'T CI~I1ECK NUMBtFR AMOUhlT A:[F.*. TOUCH CEL_L. LJLAF,' A N DI'-~ E,'-~/JEAN At,IOKA COLJNTY PROPER-FY RE }3ARIqZCI(/I~OBIZRT C & F'RZSC CASE:]E:OL.T-JOYCE: A htDE:F;,'SON/ CF2NTRAI.. ~'3 T C]IRI.--_,".~ COCA-.'COI..A BOTTI...ZNG MIDL,Jr:i: []:OI..I._E~[:]E'" OF~ ST CATHIF'RZNI...-_ 1')O1',1:[ CHT/F;,' :1.' [:::I-.IAR:C~ & F'EEF;,'F:,' l IZA[31...IE bJZNr-_' COI'IF'AI--IY IE :[) W A F;: D,'-~; / A L. E: X A I-,1:[) Ei: F:: C F- .'[ S 1"1]3 Ii:' [.-; K/CAROLYN GIEI',IU:I:hIE: F'ARTS/NAPA AUTO [3 :[ 1.. Dli'-t'~ / M A Rt._ E:N L:: GO[:]:D :[ GOV ' T TF,'AZNZI'.K3 ,~tZF,'VZ[]:L'-_" GR:I:[3[3S-COOF'E:R & C:O :l:K[31q OI-F:ZCIF SOL.I. JTZON :1: F:'C' F:'F;,' :t: N-I" ]: hiE:} 3'OI"INSON )_qt'-(OS. LZQIJOR JOFII',!,"30I',I/PI A R :1: E: K Z t._ lie Y / h'1:1] C I'-1A E:'I... t,', L. li']HN/CTEAN M:CI_I..S FI_EI.U."T I:ARi~I FI :1: M:I:SKli." JF;,' & hIAI'-(Y JO Iq:ESKEC MI"t IhlS-I"ZTL.1TE OF:' L.E.']EiAL ED M OIEI...I.. El:,'/ I',! ,~: F:' I'tORTH STAR ]:CE:". l'lOIR-t"l"ll-Zl'"dq ,STATES F'OWI.--]I'-,: OF:'F' I CIE ¥)I:~:F'OT OL.:D I..OG TI-IEATRE:' Ol...:O ,<-3F"AGFIr. F. TTZ FACTOF~¥ r-"~ R-i~,<~ F'Ltfl~ F'EI:',<:-;iIi-'COL. A-7 OF:" I'""t.-Z TI!::R ~ O N / [3 ~ R ¥ F'k'i:T-f'Y CA~FI -- GARY BF:,'AATE F'IE'I"TY CASH - KAF(EN MOL::L_L. F'E:T"I"Y OAtH - P'IARY DI..IGDAL_ F'HZI..L_ZF',S WZNE & SI:'ZRT,G F'F;,' 1' 0 F;: QUAI...ZTY WZNE & SF'ZRZT,~3 F: l)J CE:IL. ZI',IE'.[ AND WALLS ST F'AUL.-DLE),')/THE O ~; Ldr-!:L'-;T COMMUI',tZE:ATZONS 74925 74926 74927 74928 74929 749~S0 7493.1. 749.~2 7497.';3 74934 74935 74936 74937 74938 74939 74940 7494.1. 74942 74943 74944 74945 74946 74947 74948 74949 74950 7495]. 74952 74953 74954 74955 74956 74957 74958 74959 74960 7496.1. 74962 74963 74964 74965 74966 74967 74968 74969 74970 74971 130.09 79 ,, 75 11,829.45 3,680 ,, 56 16.1..96 58 ,. 72 .1. ,066.05 65,00 50]..83 544 ,, 59 6.80 26,.00 .1.15.74 44., 28 164. Z;.1. t 20 ,, 00 .1.2': :, 92':5.73 44.,42 49.00 4,959.17 364.33 70,, 18 30.07 104.34 60.93 9,625.00 .1.95.00 39 ,. 42 3,543.10 152.00 656.76 50.28 222.52 I :, 8,<36,00 376.07 6.22 255.25 20 ,, O0 54.95 88.58 108.4.1. 7,316.35 1 , 33].. 27 54 ,, 68 775.00 250 ,. O0 26.1.. 62 BRC I=tNANCTAL~ SYSTEM ].0/23/98 08: 4 Check History 10/26/98 COUNC]:I_ L..]:S'T C:[TY OF COLUMB:[A I~IIE:[GH-f'S GL540R-V05.20 PAGE BANK VENDOF:,' CHECK NUMBER AMOUNT BAldl< []I"IIZC~K:[IdG ACCOLJIdT WIL./..]:AM MITCHELL COLLE]GE YOUNI:3/I<AT'HY ACE NARt)WARE A]iR TOUCH CEL_L_ULAR BERG/R ]~ CHARD CZTY OF GOLDE-'_'Id VAI_I_EY FZI)WARt)S/ALEXANDER C GL:]NU][NE PARTS/NAF-'A AUTO GC)VERI"-IP'IEi:N-F F']:NANCE OF'F']:C I<IF-'WATT/CHAI~I.. FS M :[ 1... L. E R / M A I:~ Y M I r,lf, IE:S;OTA F'ABR ]: CS MZNNIi.':SOTA 80C:[ETY OF: CPA F:'IE:RRYMA N/JAMI:i:~ I::'1.:.': T EI~ 8 Old / K A 1~.:1~ N F:'Iii:TTY CASH -' GARY BRAATE F'I.=:]"TY CASH .... JOANN!i= BAI<t.~: I:'Ili:TTY CASH - JUL.]:E DEHME F'ETTY CASN - KARI~=ld M(3ELL RAMNAR ]: N['i:/GANO;A RIi~:]:I) ~.~: ASSOC/JOHN E. R(]TI-ICH '.[ l_D/R :[ CHARD S'TL]RI)EVANT/JOSEPH UN i[VE. RS:[ TY OF Mi[ NNI![SOTA YOLJNGDAHI... COMPAN I AF'SCME :0 E:t"l T ]: C A R E: F::[R,"BT COMMUNZTY CREDIT U GF;,'EAT WEST L. IFI"i: & ANNU]:T ICMA IRETIREMENT TRI. J,~T 45 I_MCi[T -- D['!:NTAL. Mi[IdNIESOTA MUTUAL. I_IFE Mit:NNESOTA NCPERS Mid C;H]:I.~D SUF'F'ORT F'AYMENT MN R:[ F:'I. JN][) Mid STATE RETZREMENT SYST NORWEST BANK -' F'AYROLL A PERA I:'liiil:~A -' I)EF]:NED CONTRIBUT I:'EF~A F'OI._ZCE RELIEF CONSO F't':,'UDE:NT]:AL. L.]iFE ZNSLJRANC RAMSDL'='I_I.. SCHOLARSH:[F' FUN {~;'TANt)ARD INSURANCE COMPA 74972 330.00 7497~$ 42.60 74975 10.63 74976 .1.23 ,, 13 74977 235.00 74978 20 ,, 00 74979 11 ,, 07 74980 14 ,, 66 74981 ]. 50 ,, O0 74982 228 ,, 50 74983 3.95 74984 7. Z~36 ,, O0 74985 179.16 74986 169.00 74987 9,415,00 74988 4,172 .. 00 74989 10.00 74990 69 ,, 00 74991 43 ,, :[2 74992 60 ,, 00 74993 33.29 74994 42.04 74995 451 ,, 00 74996 90.00 74997 520. O0 74998 5.65 74999 50.00 75000 520.00 75001 125.00 75002 828 ,, 22 75003 284.18 75004 1,570. O0 75005 4,059.00 75006 7,457 ,. 40 75007 2,158.38 75008 I , 195.00 75009 174.00 75010 68.50 75011 213.21 75012 1,796..00 75013 121,852.32 75014 23,087 ,, 80 75015 94.62 75016 852 ,, 28 75017 586.08 75018 40.25 75019 856.29 BI:,'(] FZNANCIAL SYSTEM 0/23/98 08: 4 BANI< VENDOR BAIqI< CI'.II.~[CI<]~IqC.) ACCOUIqT Check Flistory 10/26/98 COUI,IC ]]... CITY OF COLUMBIA GL540R-V05.20 F'AG~'[ CH~:CK NUMBER AMOUNT STATE CAF']'.TOL CRED]]T LIN]] UN .T. ON 49 UI',I]]TED WAY WYANDOTTE COUNTY COURT H ACE FIARDWARE ACME TYPEWRITER AGATE ALARM & U.S. SEE)UR AID IEI..ECTR][C SIERVZCE INC A]t:R TOUCFI CEL. LUL.AI:~ AI"IIE]RZCAN AGI~EIqCY INC AMER][CAN SEM][ PARTS,SERV AMER ][ F't~ ][ DE AIqOKA COUNTY L.]]BRARY AI',IOI<A COUNTY I~'ROF:'IERTY ANOt<A FIENIqEF']]N TECH COL. L ASI~'EN M]:I._LS, ]INC. BAKER & T~YI..OR BARNA GUZY ~;: STEFF:'EN LTD BAI:::NES & NOBI._E }]~..~ rE.F,. CITY ]]NC BIERNZCE AND LIFSOIq BI::'I/WOODLAKE SANITARY SE B ]:1~'I::' ' S. ItqC. B]]TUM]]NOUS ROADWAYS, IblC BI.J. JE RIBBOIq ClYEM-DI::Y BONESTRO0 ROSE]NE ANDERI...]: BOOK WI"IOLIESAI_ER8 ZNC BOOI<MEI-,I INC/THE BRASS TACKS NETWORK INC BR IGFITON EXCAVAT I NG BUREAU OF CRIMINAL APF'RE CDW (]OMPUTER CENTERS CI"IEMSI~]ARCH CHES[..EY TRUCK SALES CITY OF ST PAUl.. CITY WIDE L. OCKSMITFtING COCA-COI_A BOTTLING MIDWE COl_LECTOR BO01<S COMMISS:[ONER OF TRANSPOR C 0 M P A Q CONTINENTAl.. SAFETY EQUIP CSC CREDIT SERV]:CES D ROCK CENTER DAL.CO ENTERF'F~]]SEES INC DAY-T][MERS, ][NC. DEMCO MED]]A 75020 1,350 75021 609 ,. 00 75022 43.00 75023 150.00 75026 260.00 75027 36. O0 75028 75 .. 09 75029 74.0! 75030 17 :, 500. O0 75031 56.85 75032 71.47 75033 397.06 75034 117 ,, 00 75035 2,363.00 75036 6:L ,, 00 75037 5S. 05 75038 427,,22 75039 2,002.08 75040 46 ,. 83 7504'1. 158.79 75042 376 ,, 75 75043 100,589.22 75044 ;~33 ,, 1 ]. 75045 1.,035.30 75046 2,447.48 75047 4,366.30 75048 138 .. 63 75049 117.96 75050 I ,925..00 7505]. 920.16 75052 ,630.,00 75053 2,96S. 32 75054 485,, 55 75055 39.79 75056 500.00 75057 106.71 75058 112.. 50 75059 23.45 75060 90 ..00 7506.]. ]. , 206.65 ..... 777 .. 93 75063 85.20 75064 242 ,, 66 75065 952.51 75066 35 ,, 98 75067 95.40 BRC FZNANCZAL. SYSTEM .1. 0/25/98 08: 4 Check History :I. 0/26/98 COUI,IC]:L BAN K V .F::NI)OR CHE.']C K NUMBER BANK CHtZ .CK]:NG ACCOUN"f' D[<NNY & KATHYS ACE HARDW ED880N ZNC IEI...IEVA]"OR ADV]:SORY GROLJP F=I_EX:EBI..E F'ZF'E TOOL CO. (3 & I< SEI:~V]:CES GAI..E RESEARCH CO. (3t...E:NWOOD ]: NGLE:WOOI) (3OLDE:Iq AGE CLUB (3C)F'HE:R STATE: ONE-CAL_L GRAF:'ZX SHOF'F'IE HAF;:COURT BRACE JOVANOVIC HEAI._TH SERVICE8 OF N AME FI ]: LES/R ]: CHARD H]:I..L. TOF' TRAZLER SALES I-IOFF'E:RS PA]:NT HOME DEPOT ¢$2802 HOSF'ITAL.]:TY SUPPL. Y EX]MPA HOUCHEN BZNDERY LTD ZKON OF'F'ICE J B CONTROL8 J-CRAFT JOE 8CHMZTZ BOOKSEI.,.LE:R JOFINSTONE SUF'F'L.Y CO K MART KtENNE:DY & GRAVIEN LAWN 8ERVICE'--SNOW REMOVA I,..IE A (3 LJ E OF' M ]: NN E 80 T A C ]: I...OWIEI._I... ' S MAC (;~UE:E:N EQLJ]:PME:NT CO. MADDEN & ASSOC:[ATES/F'RAN FIE:DTOX LABORATORIES, INC MIENAF;:DS CASHWAY I..tJMBER-F M E: T R O I~IIETRO CASH REGISTER SYST MtETROF'OL.~TAN COUNCIL WAS HZDWEST ASPHALT M]:NI-FE:X L.]:BF~ARY INFO. NE MZNNESOTA SUN F'UBLZCATIO MN INST]:TUTE OF PUBLIC H NAT'L SOCZETY F'ROF ENGZN NE:EHAN FOUNDRY CORF' NESCO I NC NORTFIERN HANDYMAN Ot::F ~ CE DEPOT OFII...IN SAL. ES~ ]:NC. 0 R K :[ N F:'AM OIL. !NC 75068 75069 75070 75071 75072 7507`3 75074 75075 75076 75077 75078 75079 75080 75081 75082 75085 75084 75085 75086 75087 75088 75089 75090 75091 75092 75093 75094 75095 75096 75097 75098 75099 75100 75101 75102 75!0`3 75.1.04 75105 75106 75107 75108 75.1.09 75.1.1.0 75111 75.1.1.2 75113 75114 CZTY OF COL_UMB:[A HEIGI.4T8 GL. 540F;.'-V05.20 PAGE 4 AMOLJNT 252.41 500 ,, 00 .1., 544.67 I , 752.50 226.85 629.15 26 ,, 84 `300,,00 148.75 7t ,, 89 415.08 316,,64 292.34 52 ,, 25 258.80 :L 66 ,. 09 49.2.0 729.00 150.80 2.': :, 940.52 720.04 575.64 25.54 90.65 484 ,. 58 9,505.00 555 ,, 19 25.54 2,935,,45 68.50 177.75 36.20 170 ,, 1:'-' 40,703.70 172 ,, 2.7 127.00 176.00 70.00 226 ,, O0 735.65 ,39 ,, 94 29.98 ,398.55 80.73 44.00 131.20 BRC I:INANCIAL SYSTEM 10/23/98 08:4 BANK VENDOR BANK CHECKII,IG ACCOLJI-I-f' Check History 0/26/98 COUl-ICIl.. l...I SI" CHECK NUMBER PETTY CASH - RF-']BECCA LOA I::'t...I.]NKli..'.T'r ' S, INC r"I:;,'OEX PHO]"O SYSTEM r"R':'Ol~ I-~,'I.-ZSOURCIES, I NC I:;,'IEFRI GERAT I ON SERV I CE8 RLK - KUUSISTO LTD RYAN PL. UMBII'qG & HEATING S R F CONSULTING GROUP 8AL. T INST]]TL.ITE SEAR HOME CONTRACT 8EI,!TRY SYSTEMS ]]NE) SIERCO LABS SQUEEGEE F'RO WINDOW CLEA STATE OF MINN.DEPT.LABOR STATE OF' MINN-DEPT OF CJI S'/"EEI.. TECH SLJPERIOR F-'ORD INC. 8YS'I"EMS SUPPt..Y INC. TAHO SP[]RTSWEAR TARGET STORES-ACCTS REC 'T'WIN CITY HARDWARE UNIFORMS UNI_.IMITED INC VOSS LIGHTING W L TRAF=FIC SUPPLY WATER ENVIRONMENT FEDERA WW GRAINGER WYBRITE INC 75115 75116 75117 75118 75119 75.].20 75'1.21 75122 75123 75124 75125 75126 75127 75129 75130 75131 75132 75133 751~:;4 75135 751~6 75137 75138 75139 75140 75141 CITY OF COLUMBIA HEIGHTS GL540R-V05.20 PAGE 5 AMOUNT ~i8.79 67, 10 3.. 58 195.00 133.50 750.48 862.00 749 ,. 82 2B.00 118.46 8]. 5.00 140. O0 50.00 40 ,, 00 406 ,, 58 677 ,, ~8 374.37 259.05 192.00 19.15 8.90 129,,47 72.19 26.67:; 82.00 135 ,, 32 582.6~ 513,619.84 *** TO CITY COUNCIL OCTOBER 26, 1998 *Signed Waiver Form Accompanied Application 1998 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LOCATED AT FEES BUILDING OFFICIAL Dorglass, Inc. *Hager Mechanical, Inc. *Owens Services Corp. *Suburban Exteriors, Inc. Wenzel Mechanical 9625 - 36th Ave. N. 2020 E. County Rd. F 930 E. 80th Street 9701 Penn Ave. S., #107 1959 Shawnee Road 40.00 40.00 40.00 40.00 40.00 license.ag CITY OF COLUMBIA HEIGHTS Meeting of: October 26, 1998 AGEND~ SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: ,~ Community Development APPROyAL h ITEM: Amendment to Minnesota BY: Kenneth R. Anderson B -~ Investment Fund Loan Agreement. 4 '" ~ DATE: October 22, 1998 BACKGROUND: In July of 1997 the City of Columbia Heights and Medtronic, Inc. entered into the "Agreement for Loan of Minnesota Investment Fund". In this Agreement, the termination section referenced the termination date of November 1, 1998. Given that all loan proceeds have not been disbursed to Medtronic, Inc. for machinery and equipment acquisition purposes, it is desirable by all parties to extend the termination of this agreement to November 1, 2000. Attached please find the First Amendment to Agreement for Loan of Minnesota Investment Fund which needs to be approved by the City Council and executed by the Mayor and City Manager as well as Medtronic, Inc. officials. This amendment to the Agreement meets the approval of Medtronic, Inc. and the Minnesota Department of Trade and Economic Development. RECOMMENDATION: Staff recommends City Council approval of the amendment to the existing Minnesota Investment Fund loan agreement between Medtronic, Inc. and the City of Columbia Heights. RECOMMENDED MOTION: Move to approve the F/rst Amendment to the Agreement for Loan of Minnesota Investment Fund between the City of Columbia Heights and Medtronic, Inc.; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachment COUNCIL ACTION: c:\ltrlO-26-98mninvfund Oct-IS-ga 04:30~m From-KENNEDY & GRAVEN +3379310 T-4~Z P OZ/04 F-~63 October 16. 1998 Cindy Amdt Medtronic 7000 Central Avenue NE, MS300 Minneapolis, MN 55432 Chery I Johnson Minnesota Deparunem of Trade and Economic Development 500 Metro Square 121 7th Place East St. Paul, ,.MN' 55101-2146 Ken .amderson Commu. niry Development Director City of Columbia Heights 590 40th Avenue N.E. ColumNa Heights, M2N 55421-3878 BY FACSI2vflLE - 514-3074 BY FACSIMILE - 296-5287 BY FACSIMILE- 782-2801 Re: Medtromc MIF Loan Amendment: Anached Is a revised draR amendment to the existing M-I:F loan agreement between Medtrordc and the city. The extension date has been changed to November 1, 2000 in accordance w~th a message from Cheryl Johnson at DTI~D. DJG. Attachment DJG-ISITOl CL1o0-79 0¢~-16-9B ~4;31~m Fram-KENNEDY & GRAVEN +33793l~ T-4BZ P04/~4 F-$$3 Second Dra~ October 16, 1998 FIRST AMI~NDMENT TO AGREEMENT FOR LOAN OF MINNESOTA INVESTMENT FUND THIS FIRST AMENDMENT, made and entered into as of the day of __, 1998, by and between the CITY OF COLUMBIA HEIGHTS, a home rule char;er city and municipal corporation under the laws of Minnesota (the "City") and MEDTRONIC, tNC., a Minnesota corporation (the "Developer"). WITNESSETIt: WHEREAS, the parties did execute and enter into that certain document entitled "Agreement for Loan of Minnesota hnvesrment Fund" da;ed as of July 7, 1997 (the "Contract") which provides tbr a loan of certain funds for the purposes and in accordance with the ~erms set forth in the Contract; and WHEREAS, subsequent to the execution and delivery of the Contract, thc parties have de,ermined that it is necessary and desirable to make certain modifications to the Contract in order to carry out the activities contemplated therein. NOW, TI-IEREFOR.E, in consideration of the mutual covenants and obligations herein contmned, the Contract is hereby amended in the tbllowing respects. I. Section 3.4 ts hereby amended to read ~ follows: Section 3.4. Termination. Tins agreement ~h'all automatically terminate without any notice to the Developer: (1) if the Loan proceeds have not been disbarsed to the Developer prior to November 1, 2000; or (2) if a petition is filed by or against the Developer under the U.S. Bankruptcy Code, or if voluntary, such a petition is nor dismissed within sixty (60) business days following such petition. Except as specifically amended herein, the Contract remains unaltered and in full force and effect. DIG-151692 1 CL160-79 Oct-1~-g$ 04:~lpm From-KENNEDY A GRAVEN +227B310 T-452 P,05/04 F-B62 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf as of' the date first above written. CITY OF COLUMBIA HEIGHTS By Its By Its MEDTRONIC, INC. By Its By DJG-151fi92 2 CL160-79 CITY OF COLUMBIA HEIGHTS Meeting of: October 26, 1998 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: ,~ Community Development APPROVAL ITEM: Regi°nal Rem°deling planb°°k~/--/Q] DATE:BY: Kenneth R' Anders°noctober 23, 1998 ISSUE STATEMENT: The Columbia Heights EDA recommends City Council authorization to enter into an agreement for payment of $5,000 to the Fridley HRA to assist in preparation of the Regional Remodeling Planbook. BACKGROUND: For quite some time a consortium of a number of communities have been working cooperatively to generate a Planbook to assist in the remodeling of post-World War II houses in the inner ring suburbs. The cities that have been working cooperatively in this endeavor are: Bloomington, Columbia Heights, Crystal, Golden Valley, Moundsview, Richfield, Roseville, Shoreview, Brooklyn Park, Coon Rapids, Fridley, Maplewood, New Brighton, Robbinsdale, St. Louis Park, and White Bear Lake. A request for qualification was distributed to interested parties. The fn'm of Robert Gerloff Residential Architects submitted a response to this request. This fa'm had prepared a similar Planbook entitled The Longfellow Planbook: Remodeling Plans for Bungalows and other Small Urban Homes, which was published by the Longfellow Community Council in March, 1997. A copy of the Longfellow Planbook is available in the Community Development Department to provide an example of the type of Planbook that is being considered by the consortium of cities. ANALYSIS: The City of Fridley's Housing and Redevelopment Authority (HRA) has agreed to serve as the lead agency coordinating the development of an agreement, payment of fees to the contractor, etc. To facilitate this process, an Agreement between the cities, a Professional Service Agreement between the City of Fridley and Robert Gerloff Residential Architects has been prepared and attached hereto. The cost to the City of Columbia Heights and the other cities participating in the consortium is $5,000 each. These costs will be used to pay the services of the architectural firm in the preparation of the Remodeling Planbook and, provided sufficient funds are available, the Fridley HRA will work to publish the Remodeling Planbook. At a minimum, each city will receive a computer disc containing the Remodeling Planbook drawings and other materials. If additional funds remain, the Fridley HRA will refund any unused portion of the fees collected under the Agreement on a prorated basis among all the participating agencies/cities. Council Letter Regional Remodeling Planbook Page 2 The cities had initially proposed to sell the books for a fee of $10 to $20 per book and the sales of said Planbooks could ultimately reimburse the City for the up-front $5,000.00 fee. The EDAis recommending that the funds be paid from the special revenue fund established with revenues derived from antenna leases at the water tower and Parkview Villa. RECOMMENDATION: The EDA and Staff recommends that the City of Columbia Heights participate in preparation of the Remodeling Planbook. Furthermore, after the Minnesota Design Team visit, the issue of preparation of the Planbook was further affzrmed as an important element to the redevelopment of the housing stock in the community. The Minnesota Design Team also recommended preparation of the Planbook. RECOMMENDED MOTION: Move to authorize payment of $5,000 to the Fridtey Housing and Redevelopment Authority to assist in preparation of the Regional Planbook and that all related expenses be reimbursed from 226-46310-3050; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments COUNCIL ACTION: h: \ cdsec \wt~8 \Council \ ltrl 0-2 6-9 8planbook MEMORANDUM DEVELOPMENT DIRECTOR DATE: TO: FROM: SUBJECT: February 23, 1998 Regional Remodeling Plan Book Communities Barbara Dacy, Community' Development Director Revised Letter of Understanding On February 2, 1998, I sent to each of you a Letter of Understanding and a copy of the Professional Services Agreement between the Fddley Housing & Redevelopment Authority and Robert Gedoff Residential Architects. The purpose of the Letter of Understanding was to outline general terms regarding the use of each city's $5,000. The city attorneys for Robbinsdate and Mounds View suggested that the Letter of Understanding be revised. The City of New Hope also was concerned regarding the indemnification paragraph in the odginal Letter of Understanding. , As a result, the Letter of Understanding has been redrafted and is called "Agreement". The essence of the changes are to eliminate the reference to the group of cities since that implies some type of "joint powers" entity. Secondly, the indemnification paragraph has been modified to exclude indemnification for any "willful misrepresentation or willful or wanton misconduct" by the Fddley HRA. in other words, all of the changes are in favor of the member cities and not the Fddley HRA. Please use this Agreement as the official document regarding this project. If you have executed the odginal Letter of Understanding and for'warded that to my attention, 1 will discard that when I receive the executed revised agreement. I apologize for the inconvenience; however, in the long run, an agreement is now in place which is satisfactory to ali of the communities. As of this date, I have received five checks from five communities and am anticipating enough participation so that the work can be initiated in the beginning of March. If you have any questions, please feel free to contact me at 572-3590. M-98-40 crfYOF FRIDLEY FRIDLEY MUNICIPAL CENTER. 6431 UNWERSITY AVE. N.E. FRIDLEY. MN 55432 · (612) 571-3450 · FAX (612) 571-t257 February 2, 1998 Ken Anderson City of Columbia Heights 590 40~ Avenue N.E. Columbia Heights, MN 55421 Dear Mr. Anderson: The Fridley Housing and Redevelopment Authority, on behalf of several cities, has agreed to enter into a contract with Robert Gerloff Residential Architects to produce the content of a remodeling plan book focusing on typical housing styles in fully developed suburbs. As you know, Community Development Directors and their staff have been meeting for several months to collaborate on this publication which would greatly benefit our respective communities. Enclosed is an invoice for $5,000, a Letter of Understanding, and a copy of the draft contract between the Fridley HRA and Robert Gedoff Residential Architects, the proposed authors of the regional remodeling plan book. Please initiate the process for your jurisdiction to approve participation in this worthwhile project. The contract amount is $60,000. Up to eighteen communities may participate, but it is hoped that at least twelve will contribute to cover the contract cost. The general consensus among the working group of cities is that the funds from participating cities will be deposited with the Fridley HRA, who will then execute the contract with the architects and will pay on the contract from those funds. If there are any remaining funds, the HRA will reimburse a pro rata amount or maintain the funds until a final disposition is made regarding the use of the money by the working group of cities. The architects can provide additional services, such as cost estimates for remodeling or additional marketing, should the working group of cities elect to use any funds above the $60,000. The purpose of the Letter of Understanding is for each city to agree on certain terms with the Fridley HRA regarding the use of the $5,000. It should be remembered that the purpose of the contract with the architects is to produce the content of the plan book. The cities will then need to raise the funds for publishing the plan book. This request of $5,000 is intended as the initial push to get a "product" which can then be used to attract foundation or other financial support. Please process the invoice at your eadiest convenience. It is hoped that all funds can be received before late February, so that the Fridley HRA can execute the contract and the architects begin work by no later than March 1, 1998. AGREEMENT This Agreement is made between the Fridley Housing and Redevelopment Authority (hereinafter, the "HRA") and the (hereinafter, the" ") on this ~ day of 1998. The HRA agrees to execute a contract with Robert Gerloff Residential Architects, Kristi Johnson, and Peter Musty (hereinafter, the "Architects") in the amount of $60,000.00 for the preparation of a remodeling plan book for housing in fully developed and/or inner ring cities of the Twin Cities metropolitan area. agrees to pay $5,000.00 to the HRA as its share of the costs to be incurred by the HRA for the services of the Architects in preparing the remodeling plan book as described in Exhibit 1 to this Agreement. As a condition to ~'s responsibility to perform under this Agreement, the HR& must procure the participation of at least eleven other cities. If this condition is not satisfied, ~ is excused from performing under the contract. It is the HRA's intent that the Architects produce drawings and other material which can be used in preparing the remodeling plan book. If sufficient funds are available, the HRA will work to publish the remodeling plan book. Notwithstanding anything herein to the contrary, the HR& agrees to provide ~ with at least a computer disk containing the remodeling plan book drawings and other materials. The HR& acknowledges that is has sole responsibility for paying all amounts due to the Architects for preparation of the remodeling plan book. The HR& agrees that if, after paying the Architects' fees, insufficient funds remain for publishing and printing the remodeling plan book, the HRA will provide __ with a copy of the computer disk produced by the Architects with the remodeling plan book on the disk. Except for any breach of the representations of the HRA, any willful misrepresentation of any willful or wanton misconduct of the HRA, or the negligence or other wrongful act or omission of any officers, agents, and employees of the HR&.. agrees to indemnify and hold harmless the HR& and its officers, agents, and employees against any claim, demand, suit, action, or other proceeding adsing pursuant to this Agreement resulting from actions or failures to act by the HRA or its governing body members, officers, agents, or employees, provided that the foregoing indemnification shall not be effective for any actions of the HR& that are not contemplated by this Agreement. The HR& agrees that the $5,000.00 paid by ~ pursuant to this Agreement will be used solely for the purpose of producing a remodeling plan book as described in this Agreement. The HR& further agrees to refund any unused portion collected under this Agreement on a pro-rata basis among the participating entities. CITY OF FRIDLEY HRA 6431 University Avenue NE Fridley, Minnesota 55432-4384 Telephone: 572-3531 Jennifer Bergman City of Columbia Heights 590 40th Ave NE Columbia Heights MN 56421 DESCRIPTION Invoice Date: January 30, 1998 AMOUNT Share of reimbursement for Professional Services for the Regional Remodeling Planbook $5,000 AMOUNT ENCLOSED $ Please return INVOICE with your remittance. No statement will be sent. Remit to: City of Fridley HRA At'tn: Craig Ellestad 6431 University Ave NE Fridley MN 55432-4384 LETTER OF UNDERSTANDING This Letter of Understanding is made between the Fridley Housing and Redevelopment Authority (hereby referred to as the "Fridley HRA") and the City of (hereby referred to as the "City") to outline the common understandings and expectations as related to a remodeling planbook for housing in fully developed and/or inner ring cities of the Twin City Metropolitan Area. The PLRA agrees to execute a contract with Robert Gerloff Residential Architects, Kristi Johnson, and Peter Musty (hereby referred to as the "Architects") in the amount of $60,000 with the following understanding: The City agrees to pay $5,000 to the Fridley HRA to be held on account to pay for the contractual services as outlined in the contract identified as Exhibit 1 of this document. The City acknowledges that the Frid!ey PIRA is administering the contract on behalf of several cities as identified in Exhibit 2 as an efficient means to producing the content of a ptanbook. The City acknowledges that the publishing and production of the planbook will be an additional undertaking to be completed in cooperation with the cities identified in Exhibit 2. The City agrees to defend, indemnify, and hold Fridley HRA, its officers and employees, harmless from any liability claims, damages, costs, judgements, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission of the Frid!ey HRA, its officers and employees, in administration of the contract identified in Exhibit 1. The HRA agrees to administer the contract in consultation with the cities as outlined in Exhibit 2 at meetings regularly established by the cities' representatives. This may include, but is not limited to, requesting additional services, reviewing the Architects work performance, and specific direction regarding preparation of the ptanbook. The Fridley HRA agrees to refund any unused portion of the cities' payments in a manner as mutually agreed to by the cities in Exhibit 2. The HRA agrees that the use of the funds is for the purposes as described in this Letter of Understanding. The HRA acknowledges that the City is entitled to use the content of the planbook as defined in Exhibit 1; however, the City agrees to work in consultation with the cities identified in Exhibit 2 in publishing the planbook. page 2 Letter of Understanding CITY OF FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY Lawrence R. Commers, Chairperson Fridley Housing and Redevelopment Authority William W. Burns, Executive Director Fridiey Housing and Redevelopment Authority CITY OF prepared by City of Fridley HRA 1/22/98 EXHIBIT I PROFESSIONAL SERVICE AGREEMENT REGIONAL REMODELING PLAN BOOK THIS AGREEMENT made and entered into by and between the Fddley Housing and Redevelopment Authority in and for the City of Frfdley, State of Minnesota, ' hereinafter referred to as the HRA and Robert Gerfoff Residential Architects, Kristi Johnson, and Peter Musty hereinafter referred to as Archifects. WITNESSETH: WHEREAS, several cities have initiated a cooperative effort.to produce a remodeling plan book; and WHEREAS, these Cities have requested the HRA to act as the contract holder for professional services on behalf of the Cities; and WHEREAS, the Cities have conducted a request for proposal to provide professional services to produce the content of the plan book; and WHEREAS, the Cities have mutually agreed to hire Architects; and WHEREAS, the HRA agrees to purchase the services of Architects on behalf of several Cities; and WHEREAS, the Cities have agreed to provide the funds to these services. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the HRA and Architects agree as follows: 1. TERMS AND COST OF THE AGREEMENT Architects agree to furnish services to the HRA as indicated on the attached Exhibit A dated January 22, 1998. The total cost of this Agreement shall not exceed $60,000. Work beyond the Scope of Services in Exhibit A shall be approved in writing by the HRA. 2. OWNERSHIP OF MATERIALS All reports, memos, and other data produced by Architects become the property of the HRA with the following exceptions: Architects may use any material produced for marketing or promotional purposes; Architects retain ownership of the original watercolors with the HRA having full use of the images provided by Architects through electronic scanning and photography. o PAYMENT FOR SERVICES Architects will submit invoices at the same time benchmark tasks are completed and submitted to the HRA according to the benchmark schedule in Exhibit A. However, the first benchmark payment will be made by the HRA when the invoice is presented following agreement signing. The HRA will issue the check within 30 working days of receipt of invoice. " PRODUCT Architects will provide the HRA with an iomega zip drive cartridge with the remodeling plan book fully designed in Quark pdnter ready. Architects will scan in all images. Assuming the product is published, the HRA will provide 25 copies of remodeling plan book free of charge. The HRA makes no representations as to timing. INDEPENDENT ¢ONTR,ACTOR Architects shall select the means, method, and manner of performing the services herein in consultation with the HRA. Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between the HRA and Architects or as constituting Architects as the agent, representative, or employee of the HRA for any purpose or in any manner whatsoever. Architects is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Architects represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of Architects or other persons while engaged in the performance of any work or services required by this Agreement shall have no contractual relationship with the HRA, and shall not be considered employees of the HRA. Any and all claims that may or might adse under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against Architects, its officers, agents, contractors, or employees shall in no way be the responsibility of the HRA. Architects shall defend, indemnify, and hold the HRA, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, fights, or benefits of any kind whatsoever from the HRA, including, without limitation, tenure fights, medical and hospital care, sick and vacation leave, Workers' compensation, Unemployment Insurance, disability, severance pay, and PERA. 2 6. NONDISCRIMINATION The HRA operates in accordance with the City of F~fdley's policies against discrimination. No person shall be excluded from or denied the benefits of any service performance or contemplated under the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public. assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. Architects shall (1) furnish all information and reports which may be required by the HRA's Affirmative Action Policy, and (2) comply with the HRA's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting (See Exhibit B). 7. INDEMNITY AND INSURANCE Architects agree to defend, indemnify, and hold the HRA, its officers, and employees harmless from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney fees resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of Architects, its agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of Architects to fully perform in any respect, all obligations under this contract. 8. RECORDS - AVAILABILITY Architects agrees that the HRA, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the fight to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Architects and involve transactions relating to this Agreement. Records shall be retained for three years from date of final payment with respect to the project. 9. NON-ASSIGNMENT Architects shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, without the pdor written consent of the HRA. 10. MERGER AND MODIFICATION ao It is understood and agreed that the entire Agreement between the parties is contained herein and that Agreement supersedes all oral agreements and negotiations between parties relating to the subject matter hereof. All 3 11. 12. 13. 14. items referred to in this Ag~:eement are incorporated or attached and are deemed to be part of this Agreement. Any matedal alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to wdting as an amendment to this Agreement signed by the parties hereto. DEFAULT AND CANCELLATION If Architects fail to perform any of the provisions of this Agreement,' or so fail to administer the work as to endanger the performance of this Agreement, this shall constitute a default. Unless the default is excused, the HRA may, upon written notice, immediately cancel the Agreement in its entirety. The HRA's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. Co If the Agreement is canceled, Architects will be paid for percent of work completed to the date of cancellation. CONTRACT ADMINISTRATION The HRA is managing the Contract in consultation with several cities as outlined in Exhibit C. From time to time, meetings shall be held between Architects, the HRA, and the cities identified in Exhibit C. MEDIATION/ARBITRATION CLAUSE If a dispute arises out of or relates to this Agreement, or breaching of the Agreement, and if the dispute cannot be settled through direct discussions, the Architects and the HRA agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the Mediation Center, Minneapolis, before resorting to arbitration, if mediation is unsuccessful, the dispute shall be settled by arbitration administered by the Mediation Center, Minneapolis. Architects and the HRA will each pay one-half the cost of mediation/arbitration. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement shall be in wdting. 4 Notices shall be sent as follows: For Fridley Housing and Redevelopment Authority: 6431 University Avenue N.E. Fddley, Minnesota 55432 For Robert Gedoff Residential Architects: 4007 Sheridan Avenue South Minneapolis, Minnesota 55410 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY By: By: Executive Director Chairperson ROBERT GERLOFF RESIDENTIAL ARCHITECTS By: Its CO-SIGNERS Kdsti Johnson Peter Musty 5 EXHIBIT A 22 January 1998 Barbara Dacy Community Development Director 6431 University Avenue NE Fridley, Minnesota 55432 Dear Barb: Enclosed is the most recent revision to our proposal. The Town Planning component is eliminated and the "real price estimates" is listed as an alternate. The only fluid component of the proposal is the schedule will not start until the contract is signed. Hence it now begins in January, though if the contract is not signed until the end of February, that's when the schedule will kick in. If you have any more questions, feel free to call. You can also e-mail me at RobertGerloff@compuserve.com Also if possible I'd tike to see a copy of the contract before the signing time. My fax is on a dedicated line 927-7301. Again, thanks for all your work on this--every day we get a little bit closer to actually beginning! ely, Robert Gerloff 4001 S~[t~olN AVENGE SOOTH MINNEAPOLIS, MIN~E$OTI 55410 VOIC£: 612/927.5915 FIZ: 612/927.7101 £-,l~L: ;ALL SUBUP. I~AN PLANBOOK PROPOSAL 199c STARTUP TASKS: i2/i19 August discuss !essons of Longfellow ,0ta~book w/consortium Seotember ~repare & submit qualifications October attend a,.califications inte,~ziew November .... . a .r~..r_ submit orcoosal re.~ct:ace tee and co.tract 199S January benc~ma~ ~1; sign co~ract Febnuary study ~c~si~g in :~e cc~sort;~m c;ties mee:~n~ =i: define what house woes co study co~sc~ cm ;o select specif;c ~ccses & ow'nero ccordi~a:e soft. are & tools internally roseate~ ~ne ~is;ory of ~os;~,~ar housing in ;he ca~oc~ ~e book an~ 'what i~fsrma;ion 'will ~o oes,~n c-e:~mi~ary bock fo~at ~USE ~PE O~ TASKS: March conduct :ase study" m~ee/ie',,,s w/homeowner5 April researc' soec~fic house & :ne~g~Ccrhood measure ex~st~n~ house & enter ~nto ArchiCAD meeting =2: discuss whac des?s ~ do for ;he brains;cmn mul:iple design variations mee:mg =3: info.al sc~ema;ic design m;g w/consuI;ancs w~nnow schematics down ~ 3 variations + site e~ter Cosigns into Arc~iCAD create f..al drawings & sketches (3 wa;er;clots ~er ~ouse type Pus pans. sketches, etc.) write essaX tha~ ties it att ~get~er ~es~gn rs~h draft of pages & write ex;rd mee;in~ =4: ~resenc rough draft ;o consortium aeminis:*ac~en, bdiings, oaymen;s benchma~ ~: fi~t design comple~ $12,500.00 4007 S~[alo~x J¥;xu£ SOUTa IdlxX[IPOU$, Id~XX£$OT~ 55410 ~OIC£: 612/927-591.~ Fix: 612/927.7~01 £-a~[: ;~L[ HOUSE TYPE TWO TASKS: May (se,~/ices ~he same as wi~h ot~er h.~use ty~es) meeting benchmark ~3: second design com~tete $12,~C0.00 HOUSE TYPE THREE TASKS: Jul,./ (ser/~ces ?e same as 'wit~ Au~us~ meet;rig ~ meeting ~9 meet;n~ benchma~ ~4: second design cempl~ $i2,~CQ.O0 CLOSURE TASKS: Seotem~er m:~ ~!i ,with co~5or~;um on ?er.c,,,, oages" content wr~te intrcdcct~on, ack~c,**ieS~eme*;s :~wri~e "how ~o use this bock" cc~y e~it & crcof all meeting :o ~iscuss book des.,~ cst cns [additional se~xice; ~re~are "rea'," cos; estimates] ref~e overait layout & eesi~n ' coordinate ~roduc;ion of beck mee:in~ ~12 ;urn over final beck design ;o conso~ium (book is on a disk ready ;o (consortium ;o ~ave bock October? unveil the book at an even; coordieated by Kristi ~bench~ ~: proj~t cempI~ion $t2,5C0.00 CORE CO~ T~A~ 5ER~CE5 ADDITiONAL TO THE CORE CONT'RA,"'"- one month l~re~are real cost es;imaces 93,000.00 price ~er house ~yl0e by Paul Brvgger is 91,000 ~o~at of Three house o~,e tach"ch ore,are a mar~e~ina. ~tan ~2,500.C0 ;'x KrJs;~ Johnson ...... '~r~e ar~c ~esi~n a marketing brochure ~5,000,C0 '~0 er, t~ce oeoole ~co ~'urcha~e ~ ~se the by Kris~i Johnson & Kr~su Ancierson .-- EXHIBIT B R,E~OT. ZTTIClN NO. 116 - 1988 WHEREAS, the City of Frid!ey City Council acknowledges that e~ ~pportunity emp!cyment for all persons is a fur~mental human value; and WHEREAS, the City of Fridley does pr~Dte and encourage full r~ ization of human rights within City employment; and WHEREAS, the State of Minnesota, declares that artificial barriers to ~mpioyment, pursuant to M.S. 363.03, are unfair d/set--tory practices; and WHEREAS, under the Minnesota Human Rights Act, Section 363.073, h/s~ or fLrms which (a) have m~r~ than 20 full-time employees in M/nnescta at any time durir~ the p~-evicus 12 n~nths, and (b) bid on State contract for gccds ar~ ~_rvices in excess of $50,000 .must have a Certificate of Co~pl~ issued by the C~J~sioner of the De~k~rtment of Human Rights. Certificates are issued to bus~ or firms that have an 'Affirmative Action Plan app~ed by the C~ssioner of the Minnesota Depa~ ~_nt of Human Rights for the employment of minorities, w~n and disabled persons; and WHEREAS, the City of Frid!ey intends to reinforce Federal merit star~ principles and conc~ by assur~ that all sec3nants of society have an opportunity to enter public service on the basis of open competition and advance aco~rding to individu~ ability. NC~, THEREFORE, ~E IT RESOLVED that the Fridley City Council r~affirms and declares the Affirmative Action Program of Fridley, dat~ December 19, 1988, to the extant that such declaration is reaso~le and realistic and is not in conflict with applicable la~ of State or Federal authorities: D~CIARkTIC~OFI~LICYOF~3TL~%T~ACTIC~ .The City of Fridley ackncwl~es that equal opportunity for all persons is a fundamental human %r~lue. Consequently, it is the policy of the City to provide equal cppo~ty in employment ar~ perso~ management for all persons; to provide access to, admission to, full utilization and benefit of ~ and p~-~tional cppo~ties without d/scr~tion because of race, color, creed____, r~ligion, national origin, sex, marital status, public assistance status, vetaran status, handicap or ~.~bility; and to otherwise p~c~te full realization of human rights within the City to the extent permitted by law. To implement this policy, the City of Fridley re~es that every person making application for, currently employed by, or applying for future vacancies in the employ of the city of Fridley will be considered on the basis of J_ndividua! ability ar~ merit, without d/scr~tion or favor. In furtherance of this policy, the City of Fridley establishes an Affirmative Action Plan, provid/ng for and assurin~ fair and equie~Ble treatment in all phases-of public employment, incl~ selection, compensation, benefits, train/rig opportunities, p=~otions, transfers, layoffs, and other terms, conditions, and privileges of employment. The concegt of this affirmative action policy is consistent and fundamen~ to the main~ of effective equal oppo~ty and sb~ 1 be implement~_ as an int~cT~l part of the City of Fridtey's ~_~so~ system. Page 2 - Resolution No. 116 - 1988 Employees and applicants are prot~ece~ ~ frc~ coer=ion, intimidation, interf~, or d/scr~tion for filing a cc~plaint or assist/ng in an investigat/on under The City of Fridley authorizes the City Manager to execute and implement the document entitled "City of Friclley AffLrmative Action Pruc3ram" the original of which is on file in the office of the Fridley City Manager ar~ is incorporated ~ by reference. The City Manager is further authorized to appoint an appropriate employee of the City of Fridley to manage the Equal Employment OPPo~ty/Affirmative Action Program. Respons~ili~es will incl~ monitoring all Equal Employmant Oppo~ty activities and r~ort/n~ th~ effusiveness of tb~-~ Affirmative Action Program, as re~ed by Federal, State and Local agencies. PASSED AND ADOPI~D BY ~E CITY O~JNCIL OF T~E CITY OF FRIDLEY THIS 19IH ~Y OF ~, 1988 EXHIBIT C Brooklyn Park Columbia Heights Coon Rapids Crystal Fddley Golden Valley Hopkins Maplewood Mounds View New Brighton New Hope Richfield Robbinsdale Roseville Shoreview South St, Paul St. Louis Park White Bear Lake CITY COUNCIL LE1-FER Meeting of : October 26, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER ~ CITY MANAGER APPROVAL NO : ITEM: APPROVAL OF CLASSIFICATION & COUNTY BY: JANE GLEASON & : SALE OF CERTAIN FORFEIT LAND KENNETH ANDERSON NO: ~/, ~ DATE: [0/22/98 Anoka County has classified the following parcel as forfeit land and are requesting a copy of the motion by the City Council to approve the classification and sale: 36 30 24 21 0075 t334 44 N Avenue - a parcel of vacant land with soil conditions so poor that the house that was located on this parcel had to be removed. The City has no interest in this parcel. The house went back to the builder, David A. Williams. On July 27, t995 Mr. Williams signed an "Authorization to Raze Hazardous Building". There are $4,454.96 in special assessments that were assessed and certified to the taxes payable in 1992, 1993, 1994, 1995 & 1996. EDA has considered this property, but at the present time is not interested in it. RECOMMENDED MOTION: Move to approve the classification and sate of 1334 44 N Avenue NE, PIN 36 30 24 21 0075 and to authorize the City Manager to return to the Anoka County Board the completed classification and sale approval forms along with a copy of this motion. COUNCIL ACTION: RECOMMENDED MOTION UNANIMOUSLY APPROVED BY CITY COUNCIL AT THE OCTOBER 26, 1998 REGULAR COUNCIL MEETING CERTIFICATION: I hereby certify that the aforementioned motion is a true and correct copy of the motion approved by the Columbia Heights City Council on October 26, 1998. Jo-Anne Student, Deputy City Clerk Co~nty~odeit133444halfc~ UNTY GENE RAFFERTY Land Commissioner Direct #323-5427 COUNTY OF ANOKA Office of Governmental Services Division GOVERNMENT CENTER 2100 3rd Avenue · Anoka, Minnesota 55303-2489 (612) 323-5680 August 27, 1998 Mr. Walter Fehst Manager, City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 Dear Walter: Re: Approval of Classification and Sale of Forfeit Land - CL99 Exhibits R, S & T Enclosed you should find the following: A. Resolution #98-116 dated August 11,1998, classifying certain forfeit lands in Anoka County. Bo A classification and sale approval form listing the lands classified in Resolution 98-116 that lie within your jurisdiction, which is to be siqned, sealed and returned to us alon.q with a copy of the motion or resolution of your .Cloverninq body approvinq the classification and sale. A form for the forfeit parcels shown on the list of forfeit lands in your jurisdiction to help us analyze and appraise the parcel. We ask that you complete and return these forms to us. Do A verification of special assessments form which is to be completed, signed, sealed and returned to us. Chapter 282.01, Subdivision 1, of the Minnesota Statutes requires that the Town Board or governing body of a municipality must approve the classification and sale of forfeit parcels that lie within their jurisdiction. If disapproval of any parcel is not made within 90 days from the date of this letter, it is deemed that the Town Board or governing body has approved the classification and sale. If the Town Board or governing body desires to acquire any parcel lying within the boundaries of the municipality, it shall, within 90 days of the request for classification and sale approval, file a wdtten application with the County Board to withhold the parcel from sale. The County Board will then withhold the parcel from sale for one year. FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDD/TTY: 323-5289 August 27, 1998 Page 2 All parcels on the list are still within the repurchase period. If you desire to acquire any parcels still within the repurchase period, you can file an application which can be acted upon at the appropriate time, assuming the County Board does not allow repurchase of the parcel. If you have any parcels in your packet that are shown as withdrawn under Chapter 282.018, you can apply to acquire them or approve their sale, but a special bill will first have to be passed by the legislature before they could be sold to anyone. That is assuming the DNR will support the sale and not require them to remain in public ownership. We would like to have all the forms and paperwork returned to us bv Friday, October 30, 1998 We appreciate your help and understanding in getting this project put together. If you have any questions, please do not hesitate to call me. Yours very truly, GR:si Enclosures Gene Rafferty Anoka County Land Commissioner Commissioner Dennis Berg Jay McLinden, County Administrator Maureen Devine, Division Manager, Governmental Services BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota DATE: August 11, 1998 RESOLUTION #98.116 OFFERED BY COMMISSIONER: Berg CLASSIFICATION oF NON. CONSERVATION PROPERTY FOR I.AND SALE PURPOSES WHEREAS, the Board of County Commissioners of Anoka County, Minnesota, has prepareC list, designated as Classification List Number 99, a copy of which is attachecl hereto as Exhibits ! (Plattecl), S (Unplatted) anci T (Withdrawn), and hereby by reference made part hereof, wn~cl~ h describes lands forfeited to the State of Minnesota pursuant to Chapter 282 of the Minnesota Statute and has cletermined that it is advisable to sell saicl lanct; and, WHEREAS, the Anoka County Board of Commissioners must classify all ta.x-forfe~tecl land conservation or non-conservation uncler Section 282.01 of the Minnesota Statutes; and, WHEREAS, the Eoard of County Commissioners has considered the present use of adjac~ lands found in said list, the productivity of the soil, the character of forest or other growth, the accessib~f of the lands listed to establish roads, schools, and other public services,ancl their peculiar surtaD~tity clesirapility for pa~'ticular uses; and, WHEREAS, the classification and sale of any tax.forfeited land lying within the Douncls of a organized town w~th a t~.xal31e value ~n excess of $20,000 or ~ncorporated mun~mpahty must be approv by the town boarc~ of such town or the governing body of such munimpa{ity, insofar as the lancls loc~t there~n are concerned; and, WHEREAS, the smd town boarc[ or governing bocly will be deemed to have apprcvecl t classification and safe if the county board is not notified of the disapproval of the classification and s~ within nmety clays of the date the request for approvaJ was transmitted to the town t~oarcl or govern~ bocly; anti, WHEREAS, if the town board or governing body desires to acquire any parcel lying in the to~ or mummpairty by procedures authorized Dy Section 282.01, rt shall, w~h~n n~nety clays of the request' classification and sale, file a wrY'ten application with the county boarcl to wrthl~oicl the parcel from put: sale for one yea.r: NOW, THEREFORE, BE 1T RESOLVED that each parcel shown on Classrficat[on L~st Number is hereby classifiecl as non.conservation and approved for sale, subject to review t~y the town boarcls, a govermng boclies of municipalities in Anoka County under Chapter 282 of the Minnesota Statutes. BE IT FURTHER RESOLVED that the Anoka County Land Commissioner shall forward a copy the resolution to the town board of any organized township in Anoka County w~th taxa~ie valuation excess of $20,000, and to the governing boqy of an incorporatecl municipahty for their rewew= BE IT FURTHER RESOLVED that ff the town board or governing body cf a municipality fmls notify the county board of the clisapprov~ of a classification and sale of any of the lances clescribecl her( within ninety clays of t~e clare the request herein is transmitted to the town boarcl or governing boc3y a m,',nicipality, it will be deemed to have approved the classification and sale. BE FI' FURTHER RESOLVED that if the town board or governing body clesires to acquire a parcel lying in the town or municipality under Section 282.01, it shall, within ninety clays of the request classrfication and sale, file a written application wi~ t~e county board to withhol~ the parcel from put sale for one year. Page Exl~l~it PUBUC LAND SALE MST CL99 EXHIBIT R pLATTED APPRAISED SEC. OR 1'WP. OR VALUE OF SUBDIVISION LOT BLOCK RANGE LAND CITY OF ANDOVER CONTACT THE MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES, PINEWOOD ESTATES 2ND ADD 1.27 32 24 14 0082 KEY 1194647 LOT/UNIT 35A BLK/TRACT 4 35A 4 CITY OF ANOKA CONTACT THE MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES. ANOKA SUBURBAN OUTLOTS 2.08 31 24 43 0071 KEY 1085983 W 32 FT OF E 44 FT OF $ 14.85 FT OF LOT 3 AUD SUE NO 17; SUBJ TO EASE OF REC cl'r'Y OF CIRCLE PINES CONTACT TME MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES CIRCLE PINES PART 4 WEST 3.25 31 23 32 0082 KEY 230805 THAT PRT OF ELK C CIRCLE PINES PART IV W DESC AS FOL: COM AT A PT ON W LINE OF SEC 25 TWP 31RGE23 1737FTNOFSW COR THEREOF, TH DEFL TO RT 90 DEG 33 FT TO POE,, TH CONT ALG LAST DESC COURSE 28 FT, TH DEFL TO LFT AT AN ANG OF 8 DEG 53 MIN 33 SEC TO WLY LINE OF TRACT E RLS NO 45, TH SLY ALG SD WLY LINE TO NLY LINE OF TRACT C RL$ NO 4,5, TH WLY ALG SD NLY LINE 7.1 FTTO ITS INTER/W A LINE DRAWN PERP TO W LINE OF SD SEC FROM A PT 1644 F-I' N OF SW THEREOF, TH WLY ALG SD PERP LINE 25 PT, TH NLY & PRLI_/W SD W LINE TO FOB; $UBJ TO · EASE OF REC C APPRAISED SEC. OIR TWP, OR VALUE OF SUt~DIVISION LOT BLOCK RANGE LAND CITY OF EAST BETHEL -CONTACT THE MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES, HIDDEN HAVEN 3IRD ADD g. 18 33 23 43 0030 KEY 1166678 THE S 243.53 FT OF OUTLOT E HIDDEN HAVEN THIRD ADD, SUBJ TO EASE OF IREC E O/L CITY OF FIRIDLEY CONTACT THE MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES CITY VIEW 10.23 30 24 24 0074 KEY 475220 LOTS 4 & $ BLK 3 CITY VIEW. SUBJ TO EASE OF AEC 11.23 30 24 24 0075 KEY 475239 CITY VIEW CITY OF FIRIDLEY LOT 6 ELK 3 CITY VIEW RIVERVIEW HEIGHTS 12.03 30 24 23 0218 KEY 526209 IRIVER VIEW HEIGHTS CITY OF FRIDLEY ELY 6 FT OF LOT 26 & 27 BLK IR RIVEIR VIEW HEIGHTS SPRING BIROOK PARK 3 3 6 3 13, 03 30 24 42 0163 KEY 1195708 LOT/UNIT 28 BLKZ'FIRACT 3 28 3 CITY OF LtNO LAKES CONTACT THE MUNICIPALITY FOIR LOCAL BUILDING AND ZONING OIRDtNANCES BIRCH WOOD ACRES 3RD ADD 14.32 31 22 12 0084 KEY 1192596 OUTLOT A ~tRCH WOOD ACRES 3IRD ADD, SUBJ TO EASE OF REC A OIL SUBDIVISION THE MARTIN LAKE SHORES 20. 04 33 22 21 0101 KEY 650334 THE MARTIN LAKE SHORES LOT 25 BLK 4 THE MARTIN LAKE SHORES *RESERVING UTILITY EASE. SEC, OR LOT 2S TWP. OR BLOCK 4 RANGE APPRAISED VALUE OF LAND Page Exhibrt SEC. Oli TWP. SUBDIVISION LOT BLOCK RANGE CITY OF EAST BETHEL .CONTACT THE MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES, UNPLA3=rED 3, 17 33 23 12 0006 KEY 63282 THAT PliT OF Wl/2 OF NE1/4 OF SEC 17 T33 R23 LYG W OF E 435.8 Fl' THEREOF, N OF S 1301.6 F'i' THEliEOF & S OF N 1200 FT THEliEOF; EX liDS; SUBJ TO EASE OF REC TOWNSHIP OF LINWOOD 17 33 23 CONTACT THE MUNICIPALITY FOli LOCAL BUILDING AND ZONING ORDINANCES UNPLATTED 4. 11 33 22 24 000'1 KEY 638683 SE1/4 OF NWl/4 OF SEC 11 TWP 11 33 22 33 liGE 22, EX S 385 F'i' OF W 452 FT THEREOF, EX liD, SUEJ TO EASE OF liEC CITY OF OAK GliOVE CONTACT THE MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES UNPLATTED 5.20 33 24 43 0004 KEY 697641 THE Wl/2 OF Wl/2 OF Wl/2 OF SW1/4 OF SE1/4 OF SEC 20 TWP 33 RGE 24, EX lid SUBJ TO EASE OF liEC 2O 33 24 APPRAISED VALUE OF LAND CLASSIFICATION SUBDIVISION SEC/LOT T~P/BLOCK RANGE APPRAISED VALUE OF LAND COLUMBIA HEIGHTS ANNEX 4. 35 30 24 13 0022 KEY 255654 COLUMBIA HEIGHTS ANNEX TO MtNNEAPOLIS,ANOKA COUNTY,MINNESOTA LOT 26 BLK 30 COL HTS ANNEX RESERVOIR HILLS 26 30 5. 36 30 24 21 0075 KEY 283963 THAT PRT OF W 73 FT OF LOT 47 BLK 1 RESERVOIR HILLS LYG N OF S 135 FT THEREOF, SUB3 TO EASE OF REC 47 1 State of Minnesota CountW of Anoka State of Minnesota The foregoing classification of lands above described lging within the boundaries of the CITY OF COLUMBIA HEIGHTS in said CountW and State is herebw approved. Dated' , 19 The CITY COUNCIL Attest: the CITY OF COLUMBIA HEIGHTS BY, [MAYOR] [CLERK3 PAGE I REPORT: FORFTCRPT GENERATED: 28 MAR 98 19:43 PARCEL INFORMATION TO OLASSIFY AND APPRAISE TAX-FORFEIT LANO PLATTED RUN: City of Parcel PIN # Description: COLUMBIA HEIGHTS 36 30 24 21 0075 THAT PET OF W 73 FT OF LOT 47 BLK I RESERVOIR HILLS LYG N OF S 135 FT THEREOF, SUB3 TO EASE OF EEC Geographic Location: THIS APPROXIMATELY 75' X 125' RECTANGULAR PARCEL IS LOCATED ON THE CUL-DE-SAC AND THE EAST ENO OF 44 1/2 AVE NE AT THE INTERSECTION WITH BUCHANAN ST NE, 1334 - 44 1/2 Avenue NE REPORT= GENERATED= 28 MAR 98 19=43 RUN: PARCEL PIN# 36 30 24 21 0075 Please complete the following £nforaat£on by answering all appl£cable quest£ons. 1. Is this parcel buildable or unbuildable? Poor Soil Donditions (a) Has your city/township adopted a local ordinance governing minimum area, shape, frontage or access? Yes (If yes, answer lb; if no, proceed to question 5.) (b) Does this parcel comply with your local ordinances regarding minimum area, shape, frontage or access and, because of this, can be improved? I~e~t does not comply, please list reason(s) for non compliance. 2. Do you recommend combining this parcel with an abutting forfeit parcel (i~ there is one)? 3. If your answer to #2 is yes, indicate which parcel on the list. 4. Do you recommend selling this parcel to the abutting landowner? Yes 5. What is the current zoning of the forfeit parcel? R-2 6. Are there any buildings on the parcel? If so, what type, and what is their present condition? No 7. Do you have an appraised value on the parcel? If so, what is it? No 8. Does the city or township want an easement over the parcel? Yes, rear 10' of parcel for utility and drainage easement. 9. AnW other information you feel would bs helpful. Structures had to be removed because of health concerns due to soil movement, uneven settlement of house and ruptured sanitary sewer. Structure and foundation removed, but pilings remain in place. 10. Name and title of person who completed this questionnaire. Kenneth Anderson, Community Development Director Thank you for providing the information. Pleese return to: Gene Rafferty, Land Commissioner Anoka County Government Center 2100 8rd Avenue Anoka, MN 55303 323-5427 REPORT= FORFTCRPT GENERATED= 28 HAR 98 19=43 VERIFICATION OF SPECIAL ASSESSHENTS C~TY OF COLUflBIA HEIGHTS PARCEL PIN~ 36 30 24 21 0075 Date of Forfeiture: 05/15/98 RUN: Before Forfeiture Amount $4,454.96 After Forfeiture &mount Special Assessments Not Previously Certified Watershed District We ask that you enter the amount of special assessments by category on the captioned parcel. If there are none, please enter a zero. If you need to verify the amounts, please contact the Special Assessments Clerk at 323-5434 in the Property Records and Taxation Division. If your municipality or township has not previously Certified special assessments on a forfeit property, you should now certify them to the PROPERTY RECORDS AND TAXATION DIVISION, end enter them on the line, "Special Assessments Not Previously Certified". Zmprovements before forfeiture should include principal end interest up to the date of forfeiture and all deferred installments of principal. Improvements after forfeiture should include ONLY THE TOTAL PRINCIPAL AMOUNT. HS 282.01, Subd. $ requires improvements made after forfeiture ~o be considered by the County Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale ia done in accordance with MS 282.08. (Seal) Clerk of Township, Hunicipality or Watershed District Date CITY OF COLUMBIA HEIGHTS Regular Meeting of: October 26, 1998 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: 49/ EDA APPROVAL ITEM: Recommend Approval of eroperty BY: Kenneth R. Anderson ~ BY(-f~~DJ; Tax Payment for Sheffield TIF District M8. DATE: October 23, 1998 BACKGROUND: Staff has met with officials with the Division of Property Tax Records and Taxation at Anoka County during the spring of 1998. The discussion centered around the values placed on properties included within the Sheffield Tax Increment Financing District M8. A number of parcels were purchased by First Choice Homes as part of the core block redevelopment between Fillmore and Pierce Streets and 46t~ and 47t~ Avenue NE. As part of the conveyance of these parcels to First Choice Homes a mortgage deed is executed between the City and First Choice Homes as the developer/builder. These mortgage deeds were held in file until such time as First Choice Homes conveyed the properties to the third party purchasers of the newly constructed homes on each of the 18 lots within the development. After the closing, the mortgage deeds and other documents were forwarded to Anoka County. Many of the properties acquired were substandard and contributed to the slum and blighting influences in the area. Public funds were used to acquire the properties; relocate or demolish the blighted structure; and remove the foundations, associated debris, and personal furnishings from the sites. ANALYSIS: The timing for submission of the deeds and other documents is important in that it is used to establish the base value for the Tax Increment Financing District. If the mortgage deeds are filed after construction of the new home, there is no additional tax value from which additional tax increment can be received from each parcel. Therefore, the appropriate process would be to file the mortgage deeds at the time the initial document was executed between the City and First Choice Homes Incorporated. Once this mortgage deed is filed, it establishes the base value of the parcel which is essentially the value for the land only. Any increases in value as a result of new construction on the parcel would resuk in tax increment revenues to be received by the City to offset outstanding obligations. Staff met with the County to correct this discrepancy and to maximize the amount of increment to be received over the life of the tax increment financing district. As part of this process, there were eleven parcels which have outstanding taxes due for Pay 1996 or Pay 1997. Please see the attached letter dated May 5, 1998 and accompanying property listing identifying total additional taxes due to Anoka County in the amount of $6,291.29. Options for making the tax payment include: 1) Payment to be made by the City, 2) Payment to be made on a shared basis between the City and First Choice Homes, Inc., 3) Payment be required by First Choice Homes, Inc., and 4) Payment not be made at all in which case it would be certified as delinquent against the current property owners. City Council Letter Property Tax Payment for Sheffield TIF District Page 2 If this amount is not paid by the City and we request payment by First Choice Homes, Incorporated (or if payments are not made by either party), it is possible the outstanding amount could become delinquent and the property owner charged for the delinquent amount. This does not seem to be a fair or equitable outcome as the homeowners have not been a party to this transaction prior to their ownership. First Choice Homes, Inc. has also performed as generally requested by City Staff. The mortgage deeds have been held by the City until the third party purchasers (homeowners) closed on their property. There has been no notice or request by the City for First Choice Homes, Inc. to perform any differently. In summary, it should be noted that these changes more accurately reflect the true values of the properties at the time they were developed resulting in more TIF revenue over time. RECOMMENDATION: Staff is recommending City Council approval to pay the outstanding taxes due in the amount of $6,291.29. Payment would be appropriated from the Refuse fund, Fund 603. RECOMMENDED MOTION: Move to recommend the City Council approve payment to Anoka County in the total amount of $6,291.29 for past due taxes in the Sheffield Tax Increment District M8; and furthermore, to authorize the City Manager and Mayor to appropriate funds from Fund 603. Attachment EDA ACTION: h: ltrlO-26-98proptaxpayment May 5, 1998 COUNTY OF ANOKA DIVISION OF PROPERTY RECORDS AND TAXATION Edward M. Treska, Division Manager GOVERNMENT CENTER · 2t00 3RD AVENUE · ANOKA, MN 55303 Mr. Ken Anderson City Of Columbia Heights 590 40th Avenue N.E. Columbia Heights, M~ 55421-3878 Mr. Anderson, Enclosed is the a list of the tax parcels in Sheffield Tax increment District MS. As you are aware, the mortgage deeds on these parcels were not timely filed. Thus they were exempt for one extra year. We correct ail re!aued tax increment issues. However, we need to bill you for the additicnai tax. The added tax amount is $6,291.29 as detailed on the enclosed list. Please remit this amount. If you have any further _cfuestions cr concerns, please feel free to ca!! me at 323-5438. sincere.Ir, Dick Sivanich Manager, Property Tax Support Services Affirmative Action / Equal Opportunity Employer ®g CITY OF COLUMBIA HEIGHTS Regular Meeting of: October 26, 1998 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: 4~/ EDA APPROVAL ITEM: Recommend Approval of Property BY: Kenneth R. Anderson ~rP~ BY~,,~.~~~ Tax Payment for Sheffield TIF District M8. DATE: October 23, 1998 BACKGROUND: Staffhas met with officials with the Division of Property Tax Records and Taxation at Anoka County during the spring of 1998. The discussion centered around the values placed on properties included within the Sheffield Tax Increment Financing District M8. A number of parcels were purchased by First Choice Homes as part of the core block redevelopment between Fillmore and Pierce Streets and 46t~ and 47m Avenue NE. As part of the conveyance of these parcels to First Choice Homes a mortgage deed is executed between the City and First Choice Homes as the developer/builder. These mortgage deeds were held in frie until such time as First Choice Homes conveyed the properties to the third party purchasers of the newly constructed homes on each of the 18 lots within the development. After the closing, the mortgage deeds and other documents were forwarded to Anoka County. Many of the properties acquired were substandard and contributed to the slum and blighting influences in the area. Public funds were used to acquire the properties; relocate or demolish the blighted structure; and remove the foundations, associated debris, and personal furnishings from the sites. ANALYSIS: The timing for submission of the deeds and other documents is important in that it is used to establish the base value for the Tax Increment Financing District. If the mortgage deeds are fried after construction of the new home, there is no additional tax value from which additional tax increment can be received from each parcel. Therefore, the appropriate process would be to file the mortgage deeds at the time the initial document was executed between the City and First Choice Homes Incorporated. Once this mortgage deed is filed, it establishes the base value of the parcel which is essentially the value for the land only. Any increases in value as a result of new construction on the parcel would result in tax increment revenues to be received by the City to offset outstanding obligations. Staff met with the County to correct this discrepancy and to maximize the amount of increment to be received over the life of the tax increment financing district. As part of this process, there were eleven parcels which have outstanding taxes due for Pay 1996 or Pay 1997. Please see the attached letter dated May 5, 1998 and accompanying property listing identifying total additional taxes due to Anoka County in the amount of $6,291.29. Options for making the tax payment include: 1) Payment to be made by the City, 2) Payment to be made on a shared basis between the City and First Choice Homes, Inc., 3) Payment be required by First Choice Homes, Inc., and 4) Payment not be made at all in which case it would be certified as delinquent against the current property owners. City Council Letter Property Tax Payment for Sheffield TIF District Page 2 If this amount is not paid by the City and we request payment by First Choice Homes, Incorporated (or if payments are not made by either party), it is possible the outstanding amount could become delinquent and the property owner charged for the delinquent amount. This does not seem to be a fair or equitable outcome as the homeowners have not been a party to this transaction prior to their ownership. First Choice Homes, Inc. has also performed as generally requested by City Staff. The mortgage deeds have been held by the City until the third party purchasers (homeowners) closed on their property. There has been no notice or request by the City for First Choice Homes, Inc. to perform any differently. In summary, it should be noted that these changes more accurately reflect the true values of the properties at the time they were developed resulting in more TIF revenue over time. RECOMMENDATION: Staff is recommending City Council approval to pay the outstanding taxes due in the amount of $6,291.29. Payment would be appropriated from the Refuse fund, Fund 603. RECOMMENDED MOTION: Move to recommend the City Council approve payment to Anoka County in the total amount of $6,291.29 for past due taxes in the Sheffield Tax Increment District M8; and furthermore, to authorize the City Manager and Mayor to appropriate funds from Fund 603. Attachment EDA ACTION: h: ltrl 0-26-98proptaxpayment COUNTY OF ANOKA DIVISION OF PROPERTY RECORDS AND TAXATION l~dwar# M. Tresk~ Division Manager GOVERNMENT CENTER · 2100 3RD AVENUE · ANOKA, MN 55303 May 5, !998 Mr. Ken Anderson City Of Columbia Heights 590 40th Avenue Columbia Heights, MN 55421-3878 Mr. Anderson, Enclosed is the a list of the t~x parcels in Sheffield Tax increment District M@. As you are aware, the mortgage deeds cn these parcels were not timely filed. Thus they were exempt for one extra year. We ccrrec~ ail re!amed tax increment issues. However, we need to bill you for the additional tax. The added tax amouuut is $6,29!.29 as detailed on the enclosed !is~. Please remit this amount. If you have any further .cfuesticns cr concerns, please feel free to ca!! me at 323-5438. sincere .13, Dick S iva,.'-~i ch Manage r, Proper'~y T~: Support Services Affirmative Action / Equal Opportunity Employer CITY OF COLUMBIA HEIGHTS Regular Meeting of: October 26, 1998 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ EDA APPROVAL ITEM: Recommend Approval of Property BY: Kenneth R. Anderson ~7~ By~¢3- Tax PaTrnent for Sheffield TIF District M8. DATE: October 23, 1998 BACKGROUND: Staff has met with officials with the Division of Property Tax Records and Taxation at Anoka County during the spring of 1998. The discussion centered around the values placed on properties included within the Sheffield Tax Increment Financing District M8. A number of parcels were purchased by First Choice Homes as part of the core block redevelopment between Fillmore and Pierce Streets and 46th and 47m Avenue NE. As part of the conveyance of these parcels to First Choice Homes a mortgage deed is executed between the City and First Choice Homes as the developer/builder. These mortgage deeds were held in f'fle until such time as First Choice Homes conveyed the properties to the third party purchasers of the newly constructed homes on each of the 18 lots within the development. After the closing, the mortgage deeds and other documents were forwarded to Anoka County. Many of the properties acquired were substandard and contributed to the slum and blighting influences in the area. Public funds were used to acquire the properties; relocate or demolish the blighted structure; and remove the foundations, associated debris, and personal furnishings from the sites. ANALYSIS: The timing for submission of the deeds and other documents is important in that it is used to establish the base value for the Tax Increment Financing District. If the mortgage deeds are filed after construction of the new home, there is no additional tax value from which additional tax increment can be received from each parcel. Therefore, the appropriate process would be to file the mortgage deeds at the time the initial document was executed between the City and First Choice Homes Incorporated. Once this mortgage deed is fried, it establishes the base value of the parcel which is essentially the value for the land only. Any increases in value as a result of new construction on the parcel would result in tax increment revenues to be received by the City to offset outstanding obligations. Staff met with the County to correct this discrepancy and to maximize the amount of increment to be received over the life of the tax increment financing district. As part of this process, there were eleven parcels which have outstanding taxes due for Pay 1996 or Pay 1997. Please see the attached letter dated May 5, 1998 and accompanying property listing identifying total additional taxes due to Anoka County in the amount of $6,291.29. Options for making the tax payment include: 1) Payment to be made by the City, 2) Payment to be made on a shared basis between the City and First Choice Homes, Inc., 3) Payment be required by First Choice Homes, Inc., and 4) Payment not be made at al/in which case it would be certified as delinquent against the current property owners. City Council Letter Property Tax Payment for Sheffield TIF District Page 2 If this amount is not paid by the City and we request payment by First Choice Homes, Incorporated (or if payments are not made by either party), it is possible the outstanding amount could become delinquent and the property owner charged for the delinquent amount. This does not seem to be a fair or equitable outcome as the homeowners have not been a party to this transaction prior to their ownership. First Choice Homes, Inc. has also performed as generally requested by City Staff. The mortgage deeds have been held by the City until the third party purchasers (homeowners) closed on their property. There has been no notice or request by the City for First Choice Homes, Inc. to perform any differently. In summary, it should be noted that these changes more accurately reflect the true values of the properties at the time they were developed resulting in more TIF revenue over time. RECOMMENDATION: Staff is recommending City Council approval to pay the outstanding taxes due in the amount of $6,291.29. Payment would be appropriated from the Refuse fund, Fund 603. RECOMMENDED MOTION: Move to recommend the City Council approve payment to Anoka County in the total amount of $6,291.29 for past due taxes in the Sheffield Tax Increment District M8; and furthermore, to authorize the City Manager and Mayor to appropriate funds from Fund 603. Attachment ED~ ~CTiON: h: 1 nr10-26-98proptaxpayment May 5, 1998 COUNTY OF ANOKA DIVISION OF PROPERTY RECORDS AND TAXATION ~dward M. rresl~a, Division Manager GOVERNMENT CENTER · 2100 3RID AVENUE · ANOKA, MN 55303 Mr. Ken Anderson City Of Columbia Heights 590 40~h Avenue N.E. Columbia Heights, 5IN 55421-3878 Mr. Anderson, Enclosed is the a list of the t~x parcels in Sheffield Tax increment District MS. As you are aware, the mortgage deeds cn these parcels were not timely filed. Thus they were exempt for one extra year. We ccrrect ail reiaued t~x increment issues. However, we need to bill ycu for the additional tax. The added tax amount is $6,29!.29 as detailed on the enc!csed iisi. Please remit this amou_~t. If you have any further questions cr concerns, please fee! free to call me at 323-5438. sincere .!3, Dick S iva~ui ch Manager, Property Tax Support Se,--vices Affirmative Action / Equal Opportunity Employer CITY OF COLUMBIA HEIGHTS Meeting of: October 26, 1998 AGENDA SECTION: Consent ORIGINATING EXECUTIVE NO: ./~ DEPARTMENT: EDA DIRECTOR APPROVAL ITEM: Approve Acquisition o ired BY: Ken Anderson ~ B~t~o_..~,-~--1~" and at 4241 7t~ Street NE DATE: October 23, 1998 BACKGROUND: The City has received notification from Anoka County that they are providing notice that 4241 7t~ Street NE is being requested for approval of classification and sale as forfeited land. Each municipality must approve the classification and sale of forfeit parcels within the City. Staff presented this information for consideration by the EDA prior to consideration by the City Council. Anoka County has requested that they be informed not later than October 30, 1998 regarding the referenced property. The adjacent property at 4237 70' Street NE is also vacant and is owned by a private individual. A combination of these two parcels would make a lot with approximately 80 feet of street frontage. An address map is attached showing the location of the subject property. ANALYSIS: Additional background information on the parcel is as follows: Address: P.I.N. Zoning Comp. Plan: Lot Size: Total Sq. Ft.: Land Use: 4241 7th Street 35 30 24 13 0022 R2, One and Two Family District LDR, Low Density Residential 40 feet by 129.15 feet 5,166 square feet The house and garage on the lot were demolished in November of 1994. The sewer disconnect occurred at the property line and the water service was abandoned at the main. This lot is a buildable property as it is over 3,900 square feet and the lot width is within 60 percent of the minimum required for the R-2 zoning district. The amount of outstanding special assessments is $7,926.44. The vacant house on the property had been boarded up and secured by Public Works crews. The special assessments included Public Works crew expenses; legal fees; and demolition of the structure, removal of the foundation and debris from the site, and site restoration. Staff is attempting to contact the Anoka County Land Commissioner for further information and clarification. RECOMMENDATION: Upon review of the parcel, Staff recommended to the EDA that the County be allowed to make the property available for public sale. The EDA considered several factors about the site location, size, proximity to the adjacent vacant lot, amount of outstanding special assessments, etc. The EDA moved unanimously to inform Anoka County of their interest to acquire this property for the amount due on outstanding special assessments of $7,926.44. The funding source was proposed "to come from eligible qualified funds to be determined and repaid with the sale of the property." Cit. y Council Letter October 23, 1998 Page 2 Staff is requesting City Council approval to appropriate monies from the Refuse Fund 603 to allow the EDA to acquire the property at 4241 7th Street NE in the amount of $7,926.44 from Anoka County. Upon sale of the property by the EDA, the monies will be repaid to the Refuse Fund. RECOMMENDED MOTION: Move to authorize the City Manager to f'fle a written application along with a copy of this motion to the Anoka County Board to withhold the parcel at 4241 7t~ Street NE, P.I.N. 35 30 24 13 0022 from the sale of forfeit land; and furthermore, to complete and submit all necessary forms and certifications. RECOMMENDED MOTION: Move to authorize the EDA to acquire the property at 4241 7t~ Street NE, P.I.N. 35 30 24 13 0022 from Anoka County; and furthermore, to authorize the appropriation of $7,926.44 from the Refuse Fund 603 with said funds to be repaid upon the sale of the property by the EDA. Attachment Council Action: Recommended Motion unanimously approved by City Council at the October 26, 1998 Regular Council meeting. Certification: I hereby certify that the aforementioned motion is a true and corr~~e motion approved by the Columbia Heights City Council on October 26, 1998. t~C J~An~e Studen lerk h:l~10-20-98taxforfeit4241-7th CITY OF COLUMBIA HEIGHTS Meeting of: October 26, 1998 AGENDA SECTION: Consent ORIGINATING EXECUTIVE NO: ./.2' DEPARTMENT: EDA DIRECTOR APPROVAL ITEM: Approve Acquisition o f~//ax~F~eited BY: Ken Anderson and at 4241 7t~ Street NE DATE: October 23, 1998 - BACKGROUND: The City has received notification from Anoka County that they are providing notice that 4241 7~ Street NE is being requested for approval of classification and sale as forfeited land. Each municipality must approve the classification and sale of forfeit parcels within the City. Staff presented this information for consideration by the EDA prior to consideration by the City Council. Anoka County has requested that they be informed not later than October 30, 1998 regarding the referenced property. The adjacent property at 4237 7~ Street NE is also vacant and is owned by a private individual. A combination of these two parcels would make a lot with approximately 80 feet of street frontage. An address map is attached showing the location of the subject property. ANALYSIS: Additional background information on the parcel is as follows: Address: P.I.N. Zoning Comp. Plan: Lot Size: Total Sq. Ft.: Land Use: 4241 7m Street 35 30 24 13 0022 R2, One and Two Family District LDR, Low Density Residential 40 feet by 129.15 feet 5,166 square feet The house and garage on the lot were demolished in November of 1994. The sewer disconnect occurred at the property line and the water service was abandoned at the main. This lot is a buildable property as it is over 3,900 square feet and the lot width is within 60 percent of the minimum required for the R-2 zoning district. The amount of outstanding special assessments is $7,926.44. The vacant house on the property had been boarded up and secured by Public Works crews. The special assessments included Public Works crew expenses; legal fees; and demolition of the structure, removal of the foundation and debris from the site, and site restoration. Staff is attempting to contact the Anoka County Land Commissioner for further information and clarification. RECOMMENDATION: Upon review of the parcel, Staff recommended to the EDA that the County be allowed to make the property available for public sale. The EDA considered several factors about the site location, size, proximity to the adjacent vacant lot, amount of outstanding special assessments, etc. The EDA moved unanimously to inform Anoka County of their interest to acquire this property for the amount due on outstanding special assessments of $7,926.44. The funding source was proposed "to come from eligible qualified funds to be determined and repaid with the sale of the property." City Council Letter October 23, 1998 Page 2 Staff is requesting City Council approval to appropriate monies from the Refuse Fund 603 to anow the EDA to acquire the property at 4241 7m Street NE in the amount of $7,926.44 from Anoka County. Upon sale of the property by the EDA, the monies will be repaid to the Refuse Fund. RECOMMENDED MOTION: Move to authorize the City Manager to f'fie a written application along with a copy of this motion to the Anoka County Board to withhold the parcel at 4241 7m Street NE, P.I.N. 35 30 24 13 0022 from the sale of forfeit land; and furthermore, to complete and submit al/ necessary forms and certifications. RECOMMENDED MOTION: Move to authorize the EDA to acquire the property at 4241 7m Street NE, P.I.N. 35 30 24 13 0022 from Anoka County; and furthermore, to authorize the appropriation of $7,926.44 from the Refuse Fund 603 with said funds to be repaid upon the sale of the property by the EDA. Attachment Council Action: Recommended Motion unanimously approved by City Council at the October 26, 1998 Regular Council meeting. Certification: I hereby certify that the aforementioned motion is a true and correct copy of the motion approved by the Columbia Heights City Council on October 26, 1998. Jo Anne Student, Deputy City Clerk h:ltrl 0-20-98taxforfeit4241-7th GENE RAFFERTY Land Commissioner Direct #323-5427 SEP COUNTY OF ANOKA Office of Governmenta! Services Division GOVERNMENT CENTER 2100 3rd Avenue · Anoka, Minnesota 55303-2489 (612) 323-5680 August 27, 1998 Mr. Walter Fehst Manager, City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 Dear Walter: Re: Approval of Classification and Sale of Forfeit Land - CL99 Exhibits R, S & T Enclosed you should find the following: A. Resolution #98-116 dated August 11,1998, classifying certain forfeit lands in Anoka County. Bo A classification and sale approval form listing the lands classified in Resolution 98-116 that lie within your jurisdiction, which is to be siqned, sealed and returned to us alonq with a copy of the motion or resolution of your .qovernin.q body aparovinq the classification and sale. Co A form for the forfeit parcels shown on the list of forfeit lands in your jurisdiction to help us analyze and appraise the parcel. We ask that you complete and return these forms to us. Do A verification of special assessments form which is to be completed, signed, sealed and returned to us. Chapter 282.01, Subdivision 1, of the Minnesota Statutes requires that the Town Board or governing body of a municipality must approve the classification and sale of forfeit parcels that lie within their jurisdiction. If disapproval of any ~"'~rcel is not made within 90 days from the date of this letter, it is deemed that the Town Board or governing body has approved the classification and sate. If the Towr, Board or governing body desires to acquire any parcel lying within the boundaries of the municipality, it shall, within 90 days of the request for classification and sale approval, file a written application with the County Board to withhold the parcel from sale. The County Board will then withhold the parcel from sale for one year. FAX: 323-5682 Affirmative Action /Equai Opportunity Employer .~-L~. TDD/TTY: 323-5289 August 27, 1998 Page 2 All parcels on the list are still within the repurchase period. If you desire to acquire any parcels still within the repurchase period, you can file an application which can be acted upon at the appropriate time, assuming the County Board does not allow repurchase of the parcel. If you have any parcels in your packet that are shown as withdrawn under Chapter 282.018, you can apply to acquire them or approve their sale, but a special bill will first have to be passed by the legislature before they could be sold to anyone. That is assuming the DNR will support the sale and not require them to remain in public ownership. We would like to have all the forms and paperwork returned to us by Friday, October 30, 1998, We appreciate your help and understanding in getting this project put together. If you have any questions, please do not hesitate to call me. Yours very truly, Gene Rafferty Anoka County Land Commissioner GR:si Enclosures CC: Commissioner Dennis Berg Jay McLinden, County Administrator Maureen Devine, Division Manager, Governmental Services 17ii(~'' ~',~ Ou/of Address Book - Fu'st Revision Columbia Heigh~ Address Book NE 1/4 Section 35 ~. ~44~2~ ~~ ~ ~ ~ ~ ~~. ~ ' ~ - --~ ~ ~a~ ~ ~a~ }443~ , , ~ {44~9 ~ .... ,, '~- ~~ ~{4410 ~}4q~ ' , q~o , '{40~ ~ 4403 4404 ~;4402 ,~{4402 {4400 ~~4402 4400 O{ :422, 4~2~ 4~2~ 4~ '4~ ~,' ~ 422e_..~ .~32( 431~~ 431~ 4~14 J3~__ 4312 4311 { 43~ 4~9 4322 . 430~ ~ ,420~ 4306 ' 4304 __ ~4307 4~04 . ~ ' ~6T9 685 707 430~ ' 555 4300 4301 4300~ ~ 4301 4300 = ~4227 I{4224 /4225 ii .... ,t4230 , 4Z25 .... ; _~ ~ 4~ 4~T ~4156 ~ ~4~s ~7 ~ 4157 4]~ -- ~ ~ 41S3 42S.O... 415~; 4150 ~ 4~S~: 42.48 , -- - . 0 ~ 4146 ~[~146 ~~ ~~ 4149 ~44 ~ ~~" ~4o4e ~1 40S4 ' ~ ::::::: :::: ::::::: ::: ::::::::::: ::::: :. ,,..~. ~ ~: MAR gB 19:43 RUN': PLATTED PARCEL INFORMATION TO CLASSIFY AND APPRAISE TAX-FOrFEIT LAND City of Parcel PIN # Description: COLUMBIA HEIGHTS 35 30 24 13 0022 COLUMBIA HEIGHTS ANNEX TO COUNTY,MINNESOTA ANNEX MINNEAPOLIS,ANOKA LOT 25 BLK 30 COL HTS Geographic Location: THIS APPROXIMATELY 40' X 129' RECTANGULAR PARCEL IS LOCATED ON THE EAST SIOE OF 7TH STREET NE SOUTH OF 4247 - 7TH ST NE. 4241 7th Street PA~EL P~N# 35 30 ~4 ~3 00~ Please complete the following information by answering all applicable questions. 1. Is this parcel buildable or unbuildable? Yes (a) Has your city/township adopted a local ordinance governing minimum area, shape, frontage or access? Yes (If yes, answer lbs if no, proceed to question S.) (b) Does this parcel comply with your local ordinances regarding minimum area, shape, frontage or access and, because of this, can be improved? If it does not comply, please list reason(s) ~or non compliance. ¥e$ 2. Do you recommend combining this parcel with an abutting forfeit parcel (if there is one)? N/A 3. If your answer to #2 is yes, indicate which parcel on the list. 4. Do you recommend selling this parcel to the abutting landowner? 5. What is the current zoning of the ~or~eit parcel?R-2 6. Are there any buildings on the parcel? present condition? No No If so, what type, and what is their 7. Do you have an appraised value on the parcel? If so, what is 8. Boas the city or township want an easement over the parcel? 9. Any other information you feel would be helpful, See certified City Council letter. 10. Name and title of person who completed this questionnaire. Kenneth Anderson, Community Development Director Thank you ~or providing the information. Please return to: Gene Raf~erty, Land Commissioner Anoka County Government Center 2100 3rd Avenue Anoka, MN 55303 323-5427 REPORTs FORFTORPT GENERATED~ 28 HAR 98 19~43 VERIFICATION OF 8~ECIAL ASSESSHENT$ CITY OF COLUHBIA HEIGHTS PARCEL PIN# 35 80 24 13 0022 Date of Forfeiture, 05/15/98 RUN: Before Forfeiture Amount $7,926.44 After Forfeiture Amount Special Assessments Not Previously Certified Watershed District We ask that you enter the amount of spec£al assessments by category on the captioned parcel. If there are none, please enter a zero. If you need to verify the amounts, please contact the Special Assessments Clerk at 323-5434 in the Property Records and Taxation Division. If your municipality or township hms not previously certified special assessments on a forfeit property, you should now certify them to the PROPERTY RECORDS AND TAXATION DIVISION, and enter them on the line, "Special Assessments Not Previously Certified". Improvements before forfeiture should include principal and interest up to the date of forfeiture and ell deferred installments of principal. Improvements after forfeiture should include ONLY THE TOTAL PRINCIPAL AHOUNT. NS 282.01, Subd. 3 requires improvements made after forfeiture to be considered by the County Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. (Seal) Clerk of Township, Nunicipality or Watershed District Date SEP I7 lac~ GENE RAFFERTY Land Commissioner Direct #323-5427 COUNTY OF ANOKA Office of Governmental Services Division GOVERNMENT CENTER 2100 3rd Avenue · Anoka, Minnesota 55303-2489 (612) 323-5680 August 27, 1998 Mr. Walter Fehst Manager, City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 Dear Walter: Re: Approval of Classification and Sale of Forfeit Land - CL99 Exhibits R, S & T Enclosed you should find the following: A. Resolution #98-116 dated August 11,1998, classifying certain forfeit lands in Anoka County. A classification and sale approval form listing the lands classified in Resolution 98-116 that lie within your jurisdiction, which is to be siqned, sealed and returned to us atonq with a copy of the motion or resolution of your qoverninq body approvin.q the classification and sale. Co A form for the forfeit parcels shown on the list of forfeit lands in your jurisdiction to help us analyze and appraise the parcel. We ask that you complete and return these forms to us. Do A verification of special assessments form which is to be completed, signed, sealed and returned to us. Chapter 282.01, Subdivision 1, of the Minnesota Statutes requires that the Town Board or governing body of a municipality must approv.._e the classification and sale of forfeit parcels that lie within their jurisdiction. If disapproval of any parcel is not made within 90 days from the date of this letter, it is deemed that the Town Board or governing body has approved the classification and sale. If the Town Board or governing body desires to acquire any parcel lying within the boundaries of the municipality, it shall, within 90 days of the request for classification and sale approval, file a written application with the County Board to withhold the parcel from sale. The County Board will then withhold the parcel from sale for one year. TDD/TTY: 323-5289 FAX: 323-5682 Affirmative Action / Equal Opportunity Employer .~.. August 27, 1998 Page 2 All parcels on the list are still within the repurchase period. If you desire to acquire any parcels still within the repurchase period, you can file an application which can be acted upon at the appropriate time, assuming the County Board does not allow repurchase of the parcel. If you have any parcels in your packet that are shown as withdrawn under Chapter 282.018, you can apply to acquire them or approve their sale, but a special bill will first have to be passed by the legislature before they could be sold to anyone. That is assuming the DNR will support the sale and not require them to remain in public ownership. We would like to have all the forms and paperwork retumed to us by Friday, October 30, 1998. We appreciate your help and understanding in getting this project put together. If you have any questions, please do not hesitate to call me. Yours very truly, Gene Rafferty Anoka County Land Commissioner GR:si Enclosures CC: Commissioner Dennis Berg Jay McLinden, County Administrator Maureen Devine, Division Manager, Governmental Services Colmnbia Heigh~ Address Book Address Book - First Revision Section 35 NE [4510 [4444 .... taaa9 1 ~ 4447 ~ .... ~ *4426, ;~ 4405 4404 '~440X,~__ 444.___~_8 444.____Q_o ~356 432! 432¢ 4357 4354 4335 4332 4329 4230 4323 4326 4319 4218 4313 4312 !4357 !4358 4351 4343~4340 4333 14329 4313 43!0 ' ' .... 4404 ~;44~ ~Z~4409 ~, {14406 /~4407 ~44404 ~: '.~ { ~0~ " [~4401 ~~i (' ~ ~4400' ~i44~! } 4400 "~ ~I}400 =}4401 4400 !O~ , .,i~44401 ]}j400 >' ''- :! .... [4350 {-~ ~ 4349 4350 1~3~ ' , ~ ! ~t3~3 4328_i k4323 4320 432~ I 43a0 : ~ 4315~4312 '4311 4312 4329 4322 4311 ; __4311 ~ 423 --!421 __4307 ~,~ 4307 ;4~04 ,430T 4306 ~ 679 ~85~ 707~ ~55 4300 4302 ,4300 ; 14301 : 4300 = ~ '43~a 4300 ! ~4~49 :~4~ ~l i 4246 ~ ~'4245 ~4249 t 42 ' '42 '~4~ ~ 14240 ~ 44241 [~ 4243 ,I .... ~4244 4243 ~' ~ ~ .... 40~ ~ ~ ~ 4240 ~ ~ ~ : .... ~ ~14zz8 ;, ~4230 4227 ~ 4228 ~ ~ i ; ' - .... --, ~' ~' ~, i~i4209 ~l i 4208; ~421~ ~4210, ~[4208 ;~4121~ .... ~ ~ ~~ ~', ..... ~4208 ~i42L1 ~ .... ~ -- ~ ~ ~ ~- ~aa ]4200 ~ < ~1 ~, O~~ ," , ~ 4~06 .... ~ ~ ~l ~._.. 4206 '4201 '~ 615 ~. ~4200 ~[ .... ;:4200:0,4201 . ~ D~4~04'< 4205 ~4200 ~ 4201' ~ ~ ~ ., ~'----~, ~u~ ~ ~, ~2oo ~ ~4~ox , , ~, . 4'15'7 4156 4157 ! 41~6 1 41.23 4!50 415! T 4150 ~,&~ 4146 41__--47-- 14146 ~ {~3 4~.~-2~ }41q~ ' ,4157__: :14550 14151 :4148 i4141 i!4~n i;414! : ~'4~.~.~.~ 4137 4134 i F4135 :{ ' ' { !%412,4! ~ * 825 41ST A'V'~h"Z [[4110 Ci.tv of Cohar~ Heights G~ - ~ - Police PTr,. ,nil 1 ~,m,m~ ~mmm,m : 41 REPORT: FORF]ORP] GENERATED: 28 MAR 98 19:43 RUN: PARCEL INFORMATION TO CLASSIFY AND APPRAISE TAX-FORFEIT LAN~ PLATTED City of Parcel PIN # Description: COLUMBIA HEIGHTS 35 30 24 13 0022 COLUMBIA HEIGHTS ANNEX TO COUNTY,MINNESOTA ANNEX MINNEAPOLIS,ANOKA LOT 26 BLK 30 COL HTS Geographic Location: THIS APPROXIMATELY 40' X 12g' RECTANGULAR PARCEL IS LOCATED ON THE EAST SIDE OF 7TH STREET NE SOUTH OF 4247 - 7TH ST NE. 4241 7th Street REPORT: FORFTORPT GENERATED= 28 MAR 98 Z9=45 RUN= PARCEL PIN# 35 30 24 13 0022 Please complete the followin9 information by answering all applicable questions. 1. Is this parcel buildable or unbuildable? (a) Has your city/township adopted a local ordinance 9overning minimum area, shape, frontage or access? Yes (If gee, answer lb~ if no, proceed to question 5,) (b> Does this parcel comply with your local ordinances regarding minimum area, shape, frontage or access and, because of this, can be improved? If it does not comply, please list reason(s) for non compliance. Yes 2. Do you recommend combining this parcel with an abutting forfeit parcel (if there is one>? 3. If your answer to #2 is yes, indicate which parcel on the list. 4. Do you recommend selling this parcel to the abutting landowner? 5. What is the current zoning of the forfeit parcel?R-2 6. Are there any buildings on the parcel? present condition? No No so, what type, and what is their 7. Do you have an appraised value on the parcel? If so, what is it? 8. Does the city or township want an easement over the parcel? No 9. Any other information you feel would be helpful. See certified City Council letter. No 10. Name and title of person who completed this questionnaire. Kenneth Anderson, Community Development Director Thank you for providing the information. Please return to: Gene Rafferty, Land Commissioner Anoka County Government Center 2100 3rd Avenue Anoka, MN 55303 323-5427 RE~ORT: FORFTSRP? 8ENERATED: 28 MAR 98 19~43 VERIFICATION OF SPECIAL ASSESSI4ENT8 CITY OF COLUMBIA HEIGHTS PARCEL PIN~ 35 30 24 13 0022 Date of Forfeiture= 05/15/98 RUN~ Before Forfeiture Amount $7,926.44 After Forfeiture Amount Spec£el Assessments Not Previously Certified Watershed District We ask that you enter the amount cE special assessments by category on the captioned parcel. If there ere none, please enter a zero. If you need to verify the amounts, please contact the Special Assessments Clerk et 323-5434 in the Property Records and Taxation Division. IE your municipality or township hms not previously certified special assessments on · forfeit property, you should now certiEy them to the PROPERTY RECORDS AND TAXATION DIVISION, and enter them on the line, "Special Assessments Not Previouslg Certified". Improvements before forfeiture should include principal and interest up to the date of Eorfeiture and all deferred installments of principal. Improvements meter forfeiture should include ONLY THE TOTAL PRINCIPAL AMOUNT. MS 282.01, Subd. 3 requires improvements made after forfeiture to be considered bg the Countg Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. (Seal) Clerk of Township, Municipality or Watershed District Date CITY COUIqCIL LETTER Meeting of : OCTOBER 26, 1998 AGELrDA SECTION: ORDINAi~CES & RESOLUTIONS ORIGINATING DEPT. : CITY NLANAGER NO: ~ ASSESSING APPROVAL NO: ~ 'A '/ DATE: 10/20/98 Consistent with Minnesota Statutes and the City Code, the City Council annually adopts a resolution prior to the Special Assessment Public Hearing regarding costs to be borne by the City for public improvement projects. The resolution establishes the amount of the City share and the amount of the special assessments for projects to be levied against benefitting properties in the City of Columbia Heights. The purpose of the resolution is to advise the general public of costs to be incurred by the City versus costs to be incurred by benefitting property owners. Adoption of the resolution is basically a routine matter in order to comply with State Statutes and the City Code. Staff recommends adoption of the attached Resolution. RECO~/~EArDED MOTION: Move to waive the reading of the Resolution, there being ample copies available for the public. RECO~/~EArDED ~OTIO~: Move to adopt Resolution 98-93: Being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects to be Levied. COUNCIL ACTION: j g\pir f und~ council levyl t r RESOLUTION NO. 98 - 93 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 14th day of September, 1998, ordered a special assessment hearing to levy the cost of improvements and WHEREAS, the following projects will be specially assessed on November 16, 1998, and a portion of the costs may be borne by the City, NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: CITY ASSESSED PROJECT PORTION PORTION STREET RECONSTRUCTION P.I.R. 958 - 9708 P.I.R. 959 - 9709 P.1.R. 960 - 9710 RECYCLED BASE WITH NEW BITUMINOUS SURFACE P.I.R. 954 - 9704 P.I.R. 955 - 9705 P.I.R. 957 - 9707 P.I.R. 971 - 9727 P.I.R. 972 - 9728 P.I.R. 973 - 9729 MILL AND OVERLAY P.I.R. 953 - 9703 P.I.R. 956 - 9706 P.I.R. 967 - 9723 P.I.R. 968 - 9724 P.I.R. 969 - 9725 P.i.R. 970 - 9726 P.I.R. 974 - 9730 P.I.R. 975 - 9731 P.I.R. 976 - 9732 SEALCOATING ZONE 3 P.I.R. 961 - 9801 Passed this 26th day of October, 1998 Offered by: R. uett [mann Seconded by: Peterson Roll Call: A]] ayes $273,466.42 $143,091.00 TOTAL $416,557.42 184,119.61 156,541.00 340,660.61 186,707.73 230,460.00 417,167.73 115,677.04 24,452.12 140,129.16 Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: October 26, 1998 AGENDA SECTION: OTHER 0RD l NANCE S/ ORIGINATING DEPT.: CITY MANAGER NO: ~ R E S 01 U T I 0 N S Community Development APPROVAL ITEM: Declaration ofHazardouseroperty BY: Mel Collova BY: NO: ~"~" ~[' DATE: October 19, 1998 Issue Statement: Declaration of hazardous property at 1010 N.E. 40th Avenue Background: The interior of the detached garage on the subject property is littered with trash and the garage door is in a deteriorated condition rendering the structure hazardous. The structure is open to vagrants, vandals and other undesirables including insects and rodents. The City Council, by Resolution 97-34 created a fund to finance such projects with the costs being assessed to the property in the form of a special assessment. All parties having an interest in the property have been notified by the Building Official. The property owner has waived her rights and has given permission to the City to abate the hazard by removal of the contents of the structure and to secure the structure by the installation of a garage door (see attached waiver). This project cost is estimated to be approximately $1,500. The costs would be assessed to the property over a five year period at the interest rate specified in the Hazardous Building Statutes, eight percent(8). Due to the anticipated low cost, approximately $1,500, of the project and the winter season rapidly approaching, staff is requesting direction of the City Council to proceed with the project and waive any requirements for bids except for the garage door replacement, which would be required to secure the building. Staff will solicit three bids for the door replacement and award to the lowest bidder. Recommended Motion: Move to waive the reading of resolution 98-94, there being ample copies available to the public. Recommended Motion: Move to Adopt Resolution 98-94, declaring the detached structure located at 1010 N.E. 40th Avenue as Hazardous and direct staff`to abate the hazard by removal of the contents and securing of the building by replacement of the garage door using PI~ funds. Costs of the project to be assess to the property in the form of a special assessment payable over a five year period. COUNCIL ACTION: RESOLUTION NO. 98-94 RESOLUTION OF TIlE CITY COUNCrI~ FROM TIYF~ CITY OF COLUMBIA HEIGHTS REQUESTING ABATEMENT OF THE HAZARDOUS DETACHED STRUCTURE LOCATED AT 1010 N.E. 40TM AVENUE. WI:rEREAS, there is a hazardous detached building at 1010 N.E. 40th Avenue which has been unsecured, unsafe longer than 90 days, and wm~'~REAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code violations as contained in the Findings of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(12) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become an attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing immoral acts. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structure at 1010 N.E. 40th Avenue is substandard and seriously deteriorated, lacks minimum standards for habitable space per 1995 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structure be abated by removal of the contents, and securing of the structure by installation of a garage door. Conclusions of Council That all relevant parties have been duly notified of this action. That the structure on the property at 1010 N.E. 40th Avenue is hazardous and in violation of many local, state and national code requirements. That the structure can be rehabilitated to bring it into compliance with local, state and national code requirements. That the property owner has provided the City with a waiver. Order of Council The detached structure, garage, located at 1010 N.E. 40th, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owner of the above-hazardous building, or his heirs, to abate the building (30) days of the date of service of this order. The site must then be restored to a safe condition. The City Council further orders that personal property or fixtures that may unreasonably interfere abatement of the structure shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction in accordance with law. The City Council further orders that unless such corrective action is taken or an answer is served upon the City of Columbia Heights and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within thirty (30) days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. The mayor, the clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection, along with taxes. Passedthis 26th day of October Offered by: Peter son Seconded by: Sturdevant Roll Call: A1 ] ayes , 1998. Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant AUTHORIZATION TO RAZE (REPAIR) HAZARDOUS BUILDENG I the undersigned, Beverly Ann Ferrell, sole owner, presently residing at and state that I am the fee owner of'record of`premises commonly known and described as 1010 N.E. 40~' Avenue, Columbia Heights, Minnesota, PIN # 36 30 24 32 0040, and legally described as Lot 17, Block 6, Reservoir Hills, Columbia Heights, Anoka County, Minnesota, according to the map or plat thereof` on file or of record in the office of the County Recorder of the County of,knoka, State of Minnesota; that there now exists on the premises a certain detached building, wh/ch building we agree and admit is a hazardous building as defined by Minnesota Statutes, Section 463.15 to 463.261 in that it constitutes a fire hazard and a hazard to public safety and health because of age, physical damage, inadequate maintenance and dilapidation, and which building we agree and admit is to be abated by removal of the contents and re-securing of the building by replacement of the garage door. We further state that no other person, firm or corporation has any right in, claim to, or lien against these premises. We further state that we do not have any funds at present to abate the building above described and, therefore, we do hereby authorize the City of Columbia Heights pursuant to Minnesota Statutes, Section 463.151, to abate such building and to remove the materials contained inside the building therefrom from the premises, and to secure the building by the installation of a garage door, and to levy and collect the expense of such abatement as a special charge against the real estate on which the building is situated, as provided by Minnesota Statutes, Section 463.151, and we waive any right to a hearing on such assessment as welt as any other objection to any f,ailure to comply with the statutes setting out the procedure of such assessment. We further state that there are no items of, personal property or fixtures on such premises in the building which we determine to be of any value and we hereby authorize the City of Columbia Heights to dispose of any personal property or fixtures thereon or within the building. The City of Columbia Heights shall have sole determination as to how the work is to be done and as to whether it is done by bid or contract or otherwise, arid we release, relinquish, and waive any right to any accounting of the cost or expenses involved in the abatement. We do further release and discharge the City of Columbia Heights from any action or cause of action, claims and demands for damages by ourselves or by our heirs or assigns as the result of the abatement of such building. It is understood that the City of Columbia Heights shall be under no obligation because of this authorization to abate the building above described and that the abatement, under the terms of this authorization is subject to the approval of the City Council of the City of Columbia Heights. In the presence of: STATE OF MINNESOTA C O[~2NTY OF On this I'~ day of 0 ~ , 19c~8 before me appeared I}s~c:, lj 7l,+cJ/to be known to be the person(s) described in and who executed the foregoing instrument, and acknowledge that they executed the same on their own free act and deed. bt/mel CITY COI/NCIL LETTER Meeting of: October 26, 1998 AGENIDA SECTION: -' ~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ OTHER BUS~NES$ SPECIAL PROJECTS APPROVAL ITEM: Extension of Refuse/Recycling BY: JEAN KIJEHN BY. · NO: Staff had requested information and pricing from BPI regarding providing wheeled carts to all single family and duplexes in the City. BFi is willing to provide, deliver and maintain heavy duty carts in three sizes with no additional costs for service if the city agrees to a five year extension of the current three year contract for refuse, yardwaste and recycling in the City of Columbia Heights. The current contract expires December 31, 1999. The original contract was bid in 1990 as a three year contract and was renegotiated for an additional three years in 1993. This would be additional extension of that original contract with minor additions and changes. The five year contract would be from January 1, 2000 to December 31, 2004. The company believes a five year contract is essential to allow them to recover the approximately $300,000 expense they will incur to provide carts to all residents BFi agrees to forego the increase previously agreed to for 1999 and maintaining the 1998 prices of $10.84 for full service, along with no increase in the low-volume or senior rates for 1999. In addition BFI would offer to our residents, three levels of service-90 gallon cart, with full service; 60 gallon and 32 gallon, both limited service. The 90 gallon service would still include bulky items and they would be picked up at this level with no added fee. Appliance pickup would continue for all levels of service. BFI would notify residents of the various cart options and would receive residents choices directly, providing the City with a list of changes. In addition to items specified in the contract BFI has provided additional service to the City at no additional charge and they would continue to do so. BPI would continue to service the Streetscape containers along Central Ave, and BF! would continue to service the Recycling Center in the removal and marketing of materials from that site. Also, the company has been very cooperative in assisting the City's residents with removal of storm damaged trees after severe storms. BFI drivers in Columbia Heights currently participate in the ~True Blue Looking Out for You~ program, whereby drivers will radio any suspicious activity or unusual circumstances, so the police department could investigate more closely, and BF! has donated funds for the DARE vehicle. When comparing the rates proposed by BFI with those in other communities, our contract compares very favorably. RECOMMENDED MOTION: Move to authorize City Manager, Mayor and Council to enter into five year extension of the Refuse/Recycling contract with BFI/Woodlake Sanitary Service and to have the company provide and deliver heavy duty plastic, wheeled carts to all single and double households. COUNCIL ACTION: MINUTF_.S October 6, 1998 The meeting was called to order at 6:30 p.m. by Chair, Barbara Miller. Those present were: Barbara Miller, Nancy Hoium, Patricia Sowada, Richard Hubbard, Don Jolly, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the September 1st meeting as mailed. The September 28% 1998, bill list was reviewed. It was moved, seconded, and passed that they be paid. The October 12~ , 1998, bill list was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. It was noted that line items 2181 and 2188 are a little odd looking due to subscriptions that run between calendar year dates. Old Business: 1. The Board was reminded that the November meeting will take place on Monday, November 9th, at 6:00 p.m. The sheet metal work was begun on the library roof project on October 6th, 1998. No projection date has been determined as to when the project will be completed and final inspection will take place. An update was given on grant applications. The Columbia Heights Public Library and Independent School District 13 have been working on several joint grant projects. A. A federal grant with ISD 13 was not received. B. A "frog=mc" grant with ISD #13, Anoka County Library, and ISD#14 was received. This grant targets kindergarten age children. Plans are being made for open houses to take place during National Children's book week on November 17, 18, and 19. This collaborative effort is entitled "froggy" because of the Frog~7 gets dressed toy and book combination that will be distributed to the children. C. A"Mother Read/Father Read" grant with ISD #13 application is in. D. The "Accelerated Reader" grant and "Mother Read?Father Read" with ISD #13 is in process. This grant differs from the others in that the library would accept the monies. The library purchases materials that would be made available to students either at the Library or at the school district. The Board will be updated on the status of all grants as necessary. New Business: 1. The crossover statistics of June, July and August were reviewed. The Board was asked by the Special Projects Coordinator to volunteer one person to tape a program for local broadcast that would inform the citizens of the City what the Boards and Commissions do and how much time is involved etc. Barb Miller volunteered to make the presentation. 3. The new Trustee Handbooks were distributed. Becky and Marsha were invited by Valley View Principal, Kathy Kaiser, to have a table at the Valley View Open House on September 24. Becky and Marsha were very enthused about the number of applications they gave out and the people they greeted. It was a great success and they would like to go to the other schools also. It is hoped that this will become a yearly participation. t5. Linda Magee along with the Cable attorney have drafted a letter to the cable company that the character generator the library vqas given is not acceptable. When it was stated that we would get a new piece of equipment that can not be interpreted as "new to you". Becky and Jeanine were given a demonstration on the system that is used at City Hall, and a similar piece of equipment is being requested. The Anoka County Historical Society received a 1942 copy of the "Cohian" that was produced by the Office Practices Class with photographs and mimeographed text. It will be added to the collection of Cohians that the library has. The ffzrst commercial yearbook was published in t946 which the library does have a copy of. There being no further business the meeting was adjourned at 6:50 p.m. to meet with the City Council for a budget presentation. Respectfully submitted, JeS~nine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. LIBRARY BOARD/CITY COUNCff., BUDGET MEETING OCTOBER 6, 1998 7:00 P.M. The joint City Council/Library Board meeting about the library budget for 1999 was held in the activity room October 6, 1998, at 7:00 p.m.. Those present were: Walt Fehst, Bill Elrite, Don Jolly, Richard Hubbard, Barbara Miller, Nancy Hoium, Patricia Sowada, Mayor Joseph Sturdevant, Robert Ruettimann, and Rebecca Loader. Kevin Hansen and Keith Windschitl were also present as observers. The meeting was called to order. Ms. Loader welcomed everyone and thanked them for coming. It was explained that the agenda would be followed, with a time for questions after each presentation. The handouts that were distributed at this meeting will be forwarded to the two absent City Council members, Marlaine Szurek and Gary Peterson. A fact sheet presenting figures and percentage differences for selected expenditures was presented by Mrs. Sowada. There are no major changes. No labor contracts have been settled for 1999. The increase in Contingencies and Transfers is to cover changes for salaries and fringe benefits due to administration duties and work performed by certain positions outside the department and to fund unbudgeted items, including but not limited to, 1999 personnel contracts and benefits. A question was asked on how long labor contracts are settled for at a time. Response: usually they are 2 year contracts. The Honeywell Contract was discussed. There are 2 to 3 years left on the contract and the Board was questioning whether or not it would be renewed. The City Manager and City Council members present assured the Board that other options would be explored when the current contract expires. Mr. Hubbard presented the capital priorities portion of the ageflda. The first prior/ty capital improvement is new office furniture, going to a modular arrangement for the children's room. The second priority is the unfinished basement copier room, adding additional shelving for storage. The third priority is improvements to the courtyard area near the rear entrance to the building. The Library Board would like to soften this concrete area. Currently there are 3 planters that were provided by the Beautification Committee. A park bench is also located in this area, and the Board would like to complete the project with the addition of another bench and possibly some statuary to project a more welcoming image. The fourth priority is to sealcoat the parking lot. A question was raised on where the price of the sealcoating was obtained. This information came from Kathy Young of the Public Works Department. There were no other questions on this portion. The library levy and revenue information were presented by Mrs. Hoium. The Library Board is asking that the levy be set for 1999 at $467,518. An explanation was requested of why the levy increased from 2% in 1997 to 5% in 1998. The increase was requested by finance for providing a better-balanced fund balance for cash flow. The revenues and money collected page was reviewed. Maintenance of effort information was presented by Ms. Miller. The minimum required is $391,305. This is a minimum. The library could not continue to operate at the current level of service on this amount. The Board is requesting a levy of $467,518. The amount needed to meet the contract with Anoka County Library on a per capita basis was also reviewed. Becky Loader presented the Long range plan and summary of goals. The Library Board has 2 been working on Long Range Planning since 1995. Many hours of work, brainstorming, and special meetings have gone into this project. The draft documents that the Board has been using were reviewed. These documents included The City Goals resolution, City and department mission statements, and the Technology Vision statement. Two areas have been selected by the Board for emphasis: cooperative ventures with Independent School District 13 and feasibility of a new Library building. Four grants have been applied for in cooperation with ISD #13. A federal grant which was not received. A "Froggy" grant which targets families with kindergarten age children. This grant has been approved and plans are in progress for this program. A "Mother Read/Father Read" grant has been applied for. The final grant is "Accelerated Reader" and "Mother Read/Father Read" which emphasizes improving reading skills through practice. This grant involves the school district, Medtronic, and the library. The library would provide the materials, and teachers and volunteers would be provided by the other two institutions. The feasibility of a new library building has been discussed by the Board. The hope is that a new building possibly along Central Avenue, or in conjunction with a Community/City Offices campus is in the future. The Board wants to be forward thinking as to what we can look for in the 21st century, what we need to, or can do. Since these budget requests are new to the City Council tonight, and they have not seen the figures prior to this, a detailed budgetary items document is included in the back of their notebooks. This concluded the formal presentation of the budget. The floor was opened to general questions. Mr. Ruettimann asked about the cost of the cleaning contract at the library. Response: The building is cleaned every night, 6 days/week at a cost of under $200.00 per week. There are separate contracts for window washing, blind cleaning, floor waxing, and carpet cleaning. Several complimentary remarks were noted about the library staff, hours of operation, and conveniences of service by Nancy Hoium, Don Jolly, and Pat Sowada. An update on the Roof Project was requested. ' Response: The sheet metal was delivered the week of September 28~, and installation began on October 6~h, at 9:00 a.m. No projected finish date has been set. Public Works has removed and replaced the damaged ceiling tiles on the interior of the building. Quotes are being sought by staff to seal stains and repaint applied ceiling areas of the library. Bill Holman, consultant, was commended for his handling of the project. The staff was not bothered at all by workmen during the project, all enquiries were handled by Bill either by telephone or with an on site visit. There being no further business the meeting was adjourned at 7:50 p.m. Respectfully submitted, ./ Ieanine M. Schmidt, Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. 'CITY OF COLUMBIA HEIGHTS 590 40TH AVENUe N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782~2806 PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES OCTOBER 6, 1998 The October 6, 1998 Planning and Zoning Commission meeting was called to order by ChairPerson Szurek at 7:00 p.m. Members present were Hunter, Ramsdell, Peterson and Szurek, Commissioner Fowler was not in attendance. Aisc present was Ken Anderson (Community Development Director). MOTIOI9 by Ramsdell, seconded by Peterson, to approve the minutes from the meeting of September 1, 1998 as presented in writing. Voice Vote: All Ayes. OLD BUSINESS: Public Hearing Final Plat Review & Easement Vacation Case #9801-02 Jeff's, Bobby & Steve's Autoworld RE: 3701 Central Avenue N.E. Columbia Heights, Mn. Mr. Anderson reminded the Commission that the applicants submitted a request for preliminary and final plat approval at the January 6, 1998 Planning and Zoning Commission meeting. This case was tabled until the June 2, 1998 meeting. However, due to a lack of time for staff and Commission review, the request was again tabled for a special meeting to be held on June 4, 1998. He noted that at that time both the preliminary and final plats were reviewed and two motions were made: One motion was to recommend City Council approval of the preliminary plat subject to final staff review and approval; the second motion was to recommend City Council approval of the final plat subject to final staff review and approval of the final plat and drainage and grading plans provided that three copies of the complete final plat have been furnished to the City Clerk for City files. Mr. Anderson noted that the preliminary plat has been approved, and the final plat has been tabled until the complete final plat is submitted adding that the following provides a report on the status of the final plat. Mr. Anderson informed the Commission that after review of the final plat (printed September 9, 1998), staff offers the following comments: The west site includes the required 10 foot drainage and utility easement along the property line abutting Central Avenue and the alley, as well as a five (5) foot drainage and utility easement along the side property lines. The east site contains the required 10 foot utility and drainage easement along the entire property tine abutting Reservoir Blvd. · A five t5) foot drainage and utility easement has been included along Dr. Good's property to the north. THE City OF COLUMBIA HEIGHTS DOES NOT {~ISCRIM[NATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION · REGULAR MEETING- MINUTES OCTOBER 6, 1998 Page 2 The plat shows new 15 foot wide easements along the western property line abutting Central Avenue on the east site. He added that modifications still needed for the project included the following: Signature block on the Final Plat for the City Clerk needs to read "City Clerk". First signature block needs to say 1998 rather than 1997. There needs to be language on the final plat dedicating the alley along with the park property and easements for future public use. Lot and Block designations should read Lot 1, Block I and Lot 1, Block 2 rather than just the numerical designations. He noted that the Planning and Zoning Commission does not need to take action on the final plat as a motion was made during the June 4 meeting, and it has been tabled by the City Council. However, action is needed on the proposed vacation of certain utility easements. Mr. Anderson explained that vacation of these easements has been timed to coincide with the actual abandonment of the sewer and water lines contained within the easement. Considering that vacation needs to be done by Ordinance which requires two readings plus 30 days notice, this process is being initiated now. These easements are for water main, sanitary sewer and storm drains in favor of the City of Columbia Heights as found in the Easement Agreement dated June 2, 1972 and recorded June 28, 1972 as document number 370691. Granting of temporary easements for these same utility purposes is recommended to ensure that the City has the right to maintain the existing utilities covered by the easements. He referred to the attached copy of the preliminary plat which delineates the easements in question and noted that the temporary easement agreements will be drafted and presented to the City Council for review and approval prior to the first reading of the Ordinance vacating the easements. Chairperson Szurek opened the public hearing. The public hearing was closed as no one was present to speak to this issue. MOTION by Ramsdell, seconded by Peterson, to recommend to the City Council the approval of the request to vacate those utility easements described in document number 370691 and Ordinance No. 1373, subject to approval of a temporary easement agreement. Voice Vote: All Ayes. **THIS ITEM TO APPEAR ON THE OCTOBER 12, 1998 CITY COUNCIL AGENDA. Continue Public Hearing Rezoning, CUP, Site Plan, Variances Case #9808-37 Casey's General Stores, Inc. RE: 4417 University Avenue And 315 N.E. 44th Avenue PLANNING AND ZONING GOMM~88~ON · REGULAR MEETING- MINUTES OCTOBER 6, 1998 Page 3 Mr. Anderson reminded the Commission that on August 11, 1998, the Planning and Zoning Commission reviewed a request for a rezoning from LB, Limited Business District to RB, Retail Business District; a Conditional Use Permit to allow a minor motor fuel station; multiple variances; and, Site Plan review for a proposed Casey's General Store at 3t5 ~I.E. 44t~ Avenue and 4417 University Avenue, which is at the northeast corner of 44th Avenue and University Avenue. At that time, the Commission voted to recommend City Council denial of the requests. Following the action of the Planning and Zoning Commission, representatives from Oasey's General Stores requested that the City Council table final action until a revised site plan is submitted and reviewed. The City Council did table the request and sent it back to the October 6 Planning and Zoning Commission meeting for review. Mr. Anderson informed the Commission that the Traffic Commission reviewed the proposal at their meeting of October 5, 1998 and he directed the Commissioner's attention to a copy of the minutes from the meeting. He noted the motion approving the 32 foot driveway access on 44th Avenue and the requirement for the separation of the alley from the gas station property. He also pointed out the motion asking Casey's to show justification for the driveway width on the frontage road with diagrams showing truck turning movements. Mr. Anderson stated that the following provides a summary of how the revised site plan addresses the concerns raised during the August meeting. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building. The revised site plan indicates that the dumpster will be located behind the building which meets this requirement. He noted that Casey's is proposing a separate approach which will only have access to the dumpster. Access or egress curb cuts to a motor fuel station shall not be less than 50 feet from the curb line intersection on secondary thoroughfares. The proposed approach on the previous site plan was roughly 55 feet from the curb line intersection of 44th Avenue and the University Avenue frontage road which meets this requirement. He added that the City Engineer stated that the site access off the frontage road needs to be presented to.the Traffic Commission, and its location should be moved as far north as possible. The approach has been pushed north and is now roughly 75 feet from the curb line intersection. o Regarding the handicap accessible parking space, the previous site plan indicated that it would be located to the side of the building. Staff recommended that the space be relocated to be immediately in front of the main entrance into the building rather than to the side. The revised site plan indicates that the space will be in front of the building of the southeast corner near one of the two ramps. The previous site plan did not designate an area for loading and unloading. The revised plan does indicate a loading berth off the west side of the building. One concern about the previous site plan was that the parking in front of the building was set at angles. Staff recommended that the building be set further north and the parking spaces could be designed at 90 deo~rees. The revised site plan does indicate 90 degree parking in front of the building. PLANNING AND ZONING COMMISSION · REGULAR MEETING- MINUTES OCTOBER 6, 1998 Page 4 The previous site plan showed a free-standing sign adjacent to the front property line. Section 9.113(4)(e) of the Zoning Ordinance requires that free-standing signs meet front yard setback requirements, which is 15 feet in the RB District. The revised site plan indicates that the sign will meet the 15 foot setback requirement. Mr. Anderson advised the Commission of the items not modified by the current proposal: A minimum ten (1 O) foot landscaped yard shall be provided along all abutting public right-of-way lines, except where approved driveways occur. There are three abutting public right-of-way lines involved, University Avenue frontage road, the alley, and 44t~ Avenue. Mr. Anderson informed the Commission that the revised site plan indicates that there will be a landscaped yard along the 44th Ave. frontage, but not along the alley or frontage road which will require a variance. He added that Staff would recommend denial of this variance request. This yard would provide a separation between Casey's parking lot and the alley, and if properly landscaped would provide an additional buffer between the subject property and neighboring residential properties. Wherever a motor fuel station abuts an "R" District, a fence not less than 50% opaque nor less than six feet high shall be erected and maintained along the side and rear property line that abuts the "R" District. The property across the alley to the east is zoned residentially and the property to the north is used residentially. Mr. Anderson stated that technically, the subject property does not abut a residentially zoned lot, but adequate fencing is recommended as one of the conditions of approval. He noted that the revised site plan does show a six (6) foot privacy fence along the north property line and partially along the east property line but only in the northeast corner. Should the project go forward, he stated that Staff would recommend, as a condition of approval, that the privacy fence extend along the east property line to a point where it would not interfere with the approach. Ail open off-street parking areas need to provide a bumper curb of five to seven (5-7) inches high, around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. Aisc, a curb of five to seven (5-7) inches high is required along the front yard setback line which is 15 feet in the RB District. The site plan does indicate a curb around the perimeter of the parking area except along the alley. He noted that the curb in the front yard has been extended to the required 15 feet. The site plan still indicates that the approach off 44th Avenue will utilize the existing alley. Staff recommended in the previous report that the approach be separated from the alley. The location of this approach as well as the approaches from the frontage road are dependent upon Traffic Commission approval which was reviewed at their meeting of October 5, 1998. The total square footage of the proposed free-standing sign is 105 square feet. Mr. Anderson stated that the maximum amount allowed is 75 square feet which would require a variance of 30 square feet. The total square footage of all signs can not exceed 138 square feet for this site (two (2) square feet for each front foot of the building), The ~roposal indicates a 105 square foot free-standing sign and 94 square feet PLANNING AND ZONING COMMISSION · ?~:9'dLAR MEETING- MINUTES OCTOBER 6, 1998 Page 5 of wail signage for a total of 199 square feet which would also require a variance of 61 square feet. Mr. Anderson reminded the Commission that in order for a variance to be granted, hardship needs to be established. At this point in time, Mr. Anderson stated that a hardship has not been demonstrated. There appears to be enough room on the site to provide adequate internal circulation although the proposed layout of the site creates concerns regarding safe vehicle movement. The plan indicates that the parking lot will be paved all the way to the alley, leaving access wide open. Mr. Anderson stated that if the alley is used for an approach, traffic should be directed into one opening along the alley, rather than the entire length of the alley. He added that the site plan does not indicate any space for snow removal and storage. Mr. Anderson stated that there are a number of other issues of concern and are indicated as follows: All outside parking spaces are required to be located to the side and/or rear of the principal building. He informed the Commission that the proposed site plan indicates that there will be 14 parking spaces including the handicap accessible space located in front of the building which will require a variance. Considering that this type of variance has been granted on previous projects, staff would recommend approval of this variance should the project be approved. Minor motor fuel stations shall have two service stalls. Mr. Anderson stated that there are no service stalls proposed in this application which will require a variance adding that should the project be approved, staff would recommend approval of this request. This type of variance has been granted on previous projects and it does not seem practical to require two service stalls when none are proposed. Parking requirements are based on the use of the building as a retail store, which will be the principal use of the structure. Requirements are at least one space for each 200 square feet of floor area. The proposed building will require 14 parking spaces. Mr. Anderson stated that there are 16 standard spaces plus one handicap accessible space shown on the site plan which meets the minimum requirements of the Zoning Ordinance including parking at the gas pumps. However, should the 10 foot landscaped yard be required along the alley and frontage road right-of-ways, two of the parking spaces would be removed. This leaves 14 spaces which still meets the minimum requirements. A drainage and grading plan will need to be submitted to the Department of Public Works for review and approval. Mr. Anderson noted that no land shall be developed in a manner that results in water run-off causing flooding, or erosion on adjacent properties. Another concern which was not listed in the previous report pertains to the underground storage tanks. The location of these tanks are right in the path of the traffic circulation patterns. This would normally not create concerns, but it raises a question as to where the fuel trucks will be stationed when filling the tanks. It appears that they will be parked over or near the tanks which will interfere with traffic circulation. PLANNING AND ZONING COMMISSION · RZ:G'O/.AR 'i'v"l~.¥I'/N G - MINUTES OCTOBER 6, 1998 Page 6 Mr. Anderson directed the Commission's attention to a list of comments from the City Engineer which included the following: · The site access off the University Avenue Frontage Road and 44th Avenue needs to be presented to the Traffic Commission for recommendation to the City Council. · The rate of runoff from the site must not exceed existing conditions· · For Public Works review, what is the before/after impervious coverage for the proposed development. · How will the site be separated from the alley? A conflict in maintenance issues is possible without clear delineation of the alley and drive entrance and/or parking lot. · How will the site be screened from the residential property to the east and north? · Site drainage and erosion control is unclear. · Existing water service lines must be disconnected at the main. · Existing sanitary sewer services shall be disconnected and capped at the property line. · A concrete sidewalk should be required along 44th Avenue to match into the existing bus stop. · The 60 foot wide driveway off of the frontage road seems excessive. A commercial driveway opening of 32 feet in width, based upon the MnDOT State-Aid Manual is recommended. Mr. Anderson reminded the Commission that at the August meeting, staff recommended that all decisions be tabled until a revised site plan was submitted. Having received and reviewed the revised plan, it is the opinion of Staff that the development can work on this site. Adding, however, that it will be critical to protect the surrounding residential properties from the potential negative impacts of the proposed use, including light and sound. This can be accomplished through adequate landscaping and fencing. Mr. Anderson stated that if Casey's is willing to modify the site plan to incorporate the conditions as listed by staff, staff could recommend approval of the rezoning, two of the five requested variances, and denial of the other three requested variances· However, should Casey's be committed to the revised site plan as proposed, staff recommends denial of the project. Commissioner Ramsdell inquired if the dumpster at rear of the building will be enclosed. Mr. Anderson replied that it will be required to be fully enclosed. Commissioner Hunter asked if the Traffic Commission had discussed conducting a study of the traffic in this area during rush hour and if the stop lights would be regulated differently. Mr. Anderson replied that the Traffic Commission was concerned with the amount of traffic in peak periods. However, the rough draft of the minutes from their meeting were vague regarding the discussion that took place. He anticipated that the existing traffic controls already in place would be what would regulate traffic as he was not aware of any new proposals to regulate traffic flow in the area. Chuck Tweat, buyer/broker for Casey's General Store, was present to explain that due to the Traffic Commission requiring the access off 44th Avenue to be separated from the alley, Casey's would have to redraw and amend their plans which would mean relocation of the proposed gas pumps on the site. This would have to be reviewed by Casey's at an u@coming staff meeting. He added that the fencing would be installed. He stated that Casey's does PLANNING AND ZONING COMMISSION R~.G'O/.AR NIEFTING MINUT£S OCTOBER 6, 1998 Page 7 have a monument sign that works well and looks nice that should meet the square footage requirements of the City Sign Ordinance. Chairperson Szurek opened the public hearing. Bob Janousek of 4440 N.E. 4th Street was present to express his concern with the screening along the east side of the site along the alley. He wondered how snow removal and storage would be handled. He also stated he had a "problem" with corporately owned businesses as it makes it difficult to resolve problems with someone who does not have a vested interest in the area. Hazet Erickson of 4425 N.E. 4th Street stated she has lived in the area since 1955 and it is a nice area to raise a family. But three gas stations and two grocery stores in the immediate area are not necessary adding that there are many kids in the area and this will give them a place to hang out. She stated that the residents use the alley and getting in and out is very difficult due to the high traffic level in the area. She usually accesses the alley off 45th Avenue. She personally did not see any change in Casey's proposal from the last one presented. Beth MacDonald of 4444 N.E. 4th Street stated that this project wilt add excess traffic to the area inflating the problem. She thought the eight gas pumps were too many for a store that would be for neighborhood use. She did not see a need for an additional grocery store or additional gas sales for the area. Don Halva, attorney for John Emerson of 4457 University Avenue, was present to voice concerns "the same as the others. This proposal would create four gas stations within four blocks, and three grocery stores in three blocks." He stated that if any variances are requested for this project, the project should not be approved. He added that if this project would cause an increase in traffic for the area that could result in dangerous situations, he urged the project be rejected. Alison Pafko of 4420 N.E. 4th Street was concerned with traffic and noise pollution. She explained that the car pool she uses had an accident at 44t~ and University at this intersection and felt this proposed project would increase the danger in the area. She encouraged the Commission to work with the residents in developing the area. She stated she would like to see a Iow impact type of business that" would not bring any more negative factors into the neighborhood". Robert Lee of 4428 N.E. 4t" Street was concerned with the alley. He stated that it would be "very naive to think this project would not affect the alley or the residents by its use". He has a wall along his rear lot line that has been knocked down and damaged frequently in the last ten years due to the adjacent apartment tenants and their visitors. John Medic of 4501 University Avenue stated "if it walks tike a duck, quacks like a duck, it's a duck, and this is a gas station with eight pumps and a convenience store". He defied anyone to show him where in the surrounding towns there are four gas stations in four blocks adding that "this would be a suburban record]" PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES OCTOBER 6, 1998 Page 8 Dave Thompson of 4416 N.E. 4r~ Street thanked Casey's for attempting to work with the residents, however, things the residents were told by Casey's representative do not show up on the plans. He asked if the city had a tree preservation plan and if the trees have been addressed. Mr. Anderson stated that it is the intent of staff to retain as many trees at a site as possible. He was not aware of a "tree preservation" ordinance but stated that there are landscaping requirements that are enforced with each development that consist of trees or bushes. Mr. Thompson was also concerned with the impact of construction traffic on the alley and the chance that it could be damaged. He added that loading zones and "no parking" areas frequently have more than one delivery truck at the site at the same time. He foresees a tight circulation pattern for the site for large trucks and semis making deliveries. He suggested a traffic study be done with the assistance of the County. Chairperson Szurek closed the public hearing. Commissioner Hunter expressed concerns with the level of traffic in the area and the increase in traffic this project would bring to the area. Council Representative Peterson did not see any less of a problem than the original plan presented. He added that this development was not consistent with the intent of the Comprehensive Plan for this area and, for that reason, could not vote in favor of the project. Commissioner Szurek also voiced concern with the project's non-compliance with the Comprehensive Plan. She would not be in favor of amending the Comprehensive Plan to accommodate this project at this time as the Comprehensive Plan will be redrafted in the near future. Motion by Ramsdell, seconded by Peterson, to recommend denial of the request for rezoning, conditional use permit, site plan, and variances due to the potential negative impacts on surrounding property, and because the proposal is not consistent with the City Comprehensive Plan. **THIS ITEM TO APPEAR ON THE OCTOBER 12, 1998 CITY COUNCIL AGENDA. ~EW BUSIItlESS: PETITIOrdS, LETTERS APJD REQUESTS: Public Hearing Variance Case #9810-42 David L. Nielsen 4763 Heights Drive Columbia Heights, Mn. Mr. Anderson presented the request for a two (2) foot variance to Section 9.104(5) of the Columbia Heights Zoning Ordinance which requires a minimum three (3) foot side yard setback for accessory structures in the R-2, Two Family Residential Zoning District. He explained that the proposal is to construct a 624 square foot garage at 4763 Heights Drive one (1) foot from the side property line. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES OCTOBER 6, 1998 Page 9 Mr. Anderson informed the Commission that the surrounding property in all four directions is zoned R-2, Two Family Residential, and is used residentially. He added that accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance with requirements as follows: No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is ]ess; No accessory structures shall exceed 1,000 square feet, and any lot over 6,500 square feet may have a Iot coverage of up to 30%; Betached accessory structures must be six (6) feet or more from the principal structure; Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be 20 feet or more; and, Minimum of 3 feet inside the rear and side lot lines as approved by the Building Official. He stated that the site plan that was provided with the application does not indicate the distance from the proposed garage to the house, but it appears that there is more than enough space to meet the setback requirements. The coverage on the property, if the new garage were built, would be approximately 20%, which meets requirements. He informed the Commission that, with the exception of the side yard setback requirement, the proposal meets the requirements of the Zoning Ordinance. Mr. Anderson stated that the site plan indicates a two (2) foot side yard setback to the proposed garage. He added that after having discussed this issue with the applicant, the distance between the lot line and the base of the garage will be two (2) feet and the distance between lot line and the roof overhang will be one (1) foot. He noted that setbacks are measured to the actual structure of the building, not the edge of the roof, so the variance request is actuatly one (1) foot rather than the two (2) feet stated on the application. According to the City Building Official, a one-hour fire wall will be needed if the garage is closer than three (3) feet to the lot line. Mr. Anderson stated that the applicant is aware of this requirement and has stated that he is willing to construct the garage with a fire wall. Mr. Anderson reminded the Commission of the hardship required by Section 9.105(3)(d) of the Zoning Ordinance which states the following: "in recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or whereby reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." He added that in order for a variance to be granted, hardship needs to be established. Mr. Anderson informed the Commission that according to the applicant, there is a large maple tree located on the lot which creates a hardship. He stated that Staff did visit the site, and verified that there is a tree on the property. He noted that this is a large maple tree with a canopy that covers a significant portion of the back yard. This tree does appear to create a legitimate hardship. PLANNING AND ZONING COMMISSION OCTOBER 6, 1998 Page 10 He also stated that one possibility that was considered was the potential to set the garage further back on the property avoiding the tree which would enable the garage to meet the three (3) foot setback requirement. However, there is a relatively steep bank at the back of the property, and the garage is already being proposed to be set back as far as possible without cutting into the bank. Mr. Anderson informed the Commission that the adjacent property to the south has a garage which is located across the back yard along the south property line, so locating the subject garage one (1) foot closer to the lot line than permitted would have a minimal impact on this property. Considering this along with the fact that the applicant will need to construct the garage with a fire wall, he felt the proposal should not have a negative impact on surrounding properties. Mr. Anderson stated that there is not currently a garage on the property. Section 9.116(4) requires that single family dwellings provide at least two (2) off-street parking spaces, one of which shall be a garage. He stated that the proposal will bring the property into compliance with this requirement. Mr. Anderson informed the Commission that this proposal does not impact the goals and objectives of the Comprehensive Plan as the City Comprehensive Plan designates this area for Iow density residential development, which includes one and two family dwellings. Chairperson Szurek opened the public hearing. The public hearing was closed as no one was present to speak to this issue. Motion by Peterson, seconded by Ramsdell, to recommend to the City Council the approval of the one (1) foot setback variance at 4763 Heights Drive because tree location and topography on the property create a hardship. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE OCTOBER 12, 1998 CITY COUNCIL AGENDA. Public Hearing Lot Split Case #9810-43 Betty Hurdle 4121 Stinson Boulevard Columbia Heights, Mn.. Mr. Anderson presented the request of owner, Betty Hardle, for a tot split of the property located at 4121 Stinson Blvd. He explained that currently, 4121 Stinson Blvd. consists of Lots 12 and 13, Silver Lake Addition to Columbia Heights. The applicant requests that 20 feet from the south side of Lot 12 be added to Lot 13 to allow the addition of a garage and driveway that meet setback requirements. The remainder of Lot 12 will be 80 feet wide and will be available as a separate lot. Mr. Anderson informed the Commission that Section 9.407(3) of the Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. PLANNING AND ZONING COMMIS$10N REGULAR MEETING - MINUTES OCTOBER 6, 1998 Page 11 Mr. Anderson stated that the surrounding property in all four directions is zoned R-l, Single Family Residential. The adjacent parcels to the north and across the street to the west are used residentially. The property to the south is public property and is part of Silver Lake Park. Silver Lake is to the east of the subject property. Mr. Anderson explained that this is a proposal to separate Lot 12 from Lot 13, and to add the southern 20 feet of Lot 12 to Lot 13 which will create two separate lots which are designated as Tract "A" and Tract "B" on the boundary survey. He added that Tract "A" will contain the existing house. Currently, the driveway leads into a tuck-under garage on the north side of the house. The applicant is proposing to convert this garage into a storage area, and to construct a new attached garage off the northwest corner of the house. In order for the new garage to meet the seven (7) foot side yard setback requirement, the additional 20 feet is needed. He informed the Commissioners that Section 9.107(4) of the Zoning Ordinance requires the following lot dimensions in the R-1 District: · Minimum lot area shall be 8,400 square feet. He stated that both properties will meet this requirement; · Lot width shall be 70 feet. Both properties will meet this requirement; · Front yard shall be 25 feet. The proposed garage will meet this requirement; · Rear yard shall be 30 feet. This will not be impacted by the proposal; · Side yard shall be seven (7) feet. Both properties will meet this requirement. He added that should the lot split occur, Tract "A" will be 120 feet wide and Tract "B" will be 80 feet wide with 84 feet of frontage along Stinson Blvd. He reiterated that both lots will exceed the minimum lot width requirement. He further stated that Section 9.104(5) of the Zoning Ordinance requires that any lot over 6,500 square feet may have a lot coverage of up to 30%. Tract "B" will be vacant of any structures and Tract "A" will have a lot coverage of approximately 11%. He directed the Commissioners attention to the survey which shows that there is an existing pool and blacktop drive that cross the property lines adding that the applicant has stated that these will be removed. Mr. Anderson stated that the City Comprehensive Plan designates this area for future Iow density residential development adding that one of the major constraints to furthering new development in the City is that the community is essentially fully developed. The second policy in the Land Use and Redevelopment portion of the Plan states that: "The infilling of vacant parcels and the rehabilitation of existing development land will be in accordance with uses specified in the Land Use Plan." It was his opinion that the proposal is consistent with the City Comprehensive Plan. Commissioner Hunter asked about the intended use for the existing tuckunder garage due to its close proximity to the proposed property line. It was noted that it will be used as storage and a new garage will be built on the site. Discussion followed regarding the sewer and water lines that appear to run across the proposed new lot. The survey shows service lines that run from the existing house to the north property line across the proposed tot and then toward the lake as well as a line from the building at the rear that runs to the north across the proposed lot. PLANNING AND ZONING COMMISSION · REGULAR MEETING- MINUTES OCTOBER 6, 1998 Page 12 The commissioners felt that this should be addressed to the CityAttorney as to how to handle this potential problem. Chairperson opened the public hearing. The public hearing was closed as no one was present to speak to this proposal. Motion by Peterson, seconded by Ramsdell, to recommend to the City Council approval of the lot split, subject to removal of the pool and driveway as it meets the technical standards of the Zoning Ordinance and is consistent with the City Comprehensive Plan subject to staff consultation with the City Attorney regarding adequate protection of service lines across private properties. Voice Vote: All Ayes. Motion Carried. **THIS ITEM TO APPEAR ON THE OCTOBER 12, 1998 CITY COUNCIL AGENDA. C. PublicHearing Withdrawn Conditional Use Permit Case #9810-44 Yvonnie Faulhaver RE: 700 N.E. 40th Avenue Columbia Heights, Mn. Public Hearing Variance Case #9810-45 Larry D. Babin 2303 Maiden Lane Columbia Heights, Mn. Mr. Anderson presented the request of Larry Babin for a variance to allow the construction of a 440 square foot garage at 2303 Maiden Lane set twelve (12) feet from the side lot line with the vehicle entry door facing Ivanhoe Place. He stated that Section 9.104(5) of the Columbia Heights Zoning Ordinance requires that a garage be designed so that if the vehicle entry door faces a public street or alley, the distance between the door and the lot tine shall be twenty (20) feet or more adding that this will require a variance of eight (8) feet. He informed the Commission that the surrounding property in alt four directions is zoned R-2, Two Family Residential, and is used residentially. Mr. Anderson stated that accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance with requirements as follows: · No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is less; · No accessory structures shall exceed 1,000 square feet, and any tot over 6,500 square feet may have a tot coverage of up to 30%; · Detached accessory structures must be six (6) feet or more from the principal structure; · The setback from a side or rear property line shall be at least three (3) feet; and, PLANNING AND ZONING COMMISSION · REGULAR MEETING - MINUTES OCTOBER 6, 1998 Page 13 Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be 20 feet or more· Mr. Anderson directed the Commissions attention to the site plan that was provided with the application adding that it does not indicate the distance from the proposed garage to the house, but it appears that there is more than enough space to meet the six (6) foot setback requirement as proposed. He added that the lot coverage on the property, if the new garage were built, would be approximately 17%, which meets requirements· With the exception of the 20 foot setback requirement, the proposal meets the requirements of the Zoning Ordinance· Mr. Anderson reminded the Commission of the hardship requirement of Section 9.105(3)(d) which states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of tot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district·" In order for a variance to be granted, hardship needs to be established. Mr. Anderson stated that according to the applicant, it would be a hardship to set the garage back 20 feet due to a large maple tree on the property. Staff did visit the site, and verified that there is an extremely large tree (approximately four (4) feet in diameter) directly behind the existing garage. According to the City Forester, the tree appears to be healthy and structurally sound. It is the opinion of the City Planner that this tree does create a significant hardship. Mr. Anderson informed the Commission that one possibility that was considered was the potential to construct the garage further south toward the house, avoiding the tree completely. However, it does not appear that a 20 foot wide garage would meet the six (6) foot setback requirement between the house and garage. He added that a second possibility considered was the potential to turn the garage 90 degrees so the vehicle entry door would face the house and locate it closer to the north property line to have access to the same curb cut. If this were the design, it would not need to meet the 20 foot setback requirement. However, there is a relatively steep bank in that area which prevents the garage from being any closer to the north property line· Mr. Anderson stated that the City Comprehensive Plan designates this area for Iow density residential development, which includes one and two family dwellings adding that this proposal does not impact the goals and objectives of the Comprehensive Plan. Chairperson Szurek opened the public hearing. The applicants, Larry and Laurie Babin, were present to answer any questions. The public hearing was closed and no one else was present to speak to this case. Motion by Ramsdell, seconded by Hunter, to recommend to the City Council the approval of the eight foot setback variance at 2303 Maiden Lane because tree location and topography on the property create a hardship. Voice Vote: All Ayes. Motion Carried. PLANNING AND ZONING COMMISSION · REGULAR MEETING- tVII~UT£S OCTOBER 6, 1998 Page 14 **THIS ITEM TO APPEAR ON THE OCTOBER 12, 1998 CITY COUNCIL AGENDA. Public Hearing Conditional Use Permit Case #9810-42 Ron Delcourt 418 N.E. 4¢" Avenue Columbia Heights, Mn. Mr. Anderson presented the request of Ron Delcourt for a Conditional Use Permit to allow the construction of a 672 square foot garage at 418 N.E. 40th Avenue. He explained that this property is currently zoned RB, Retail Business adding that Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for accessory structures in the RB Bistrict. Mr. Anderson informed the Commission that the surrounding property on the north, east, and west is zoned RB, Retail Business. The property to the north and east is used commercially, and the adjacent parcel to the west is residential. The area across the alley to the south is zoned R-3, Multiple Family Residential and is used residentially. He stated that accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance with requirements as follows: · No accessory structure shall exceed the height of the principal structure or fifteen (I 5) feet, whichever is less; · No accessory structures shall exceed 1,000 square feet, and any lot over 6,500 square feet may have a lot coverage of up to 30%; · Detached accessory structures must be six (6) feet or more from the principal structure; · The setback from a side or rear property line shall be at least three (3) feet; and, · Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be 20 feet or more. Mr. Anderson stated that according to the Certificate of Survey, there is roughly 60 feet between the rear lot line and the back of the deck which is attached to the house. There is enough space on the lot to meet both the required six (6) foot setback from the house along with the 20 foot setback for garages with the vehicle entry door facing a public alley. He also stated that the site plan indicates a four (4) foot side yard setback from the east property line which meets the minimum requirements and provides ample space between the garage and the west side property line. He added that the plan shows a 30 foot setback to the center of the alley. He explained that according to the City section maps, the alley right-of-way is 14 feet in width. A 30 foot setback from the center of the alley right-of-way would exceed the setback requirement by 3 feet. The lot coverage on the property, if the new garage were built, would be approximately 15% which meets requirements. Mr. Anderson stated that the subject property is zoned RB, Retail Business adding that single family homes are neither a permitted nor a conditional use in the RB District which makes the use of this property legally nonconforming. One concern is that adding a garage to the property could be considered as intensifying a PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES OCTOBER 6, 1998 Page 15 nonconforming use which would not be allowed. However, a garage can be used for commercial use as well as residential use, so if the property were to change to a conforming commercial use in the future, the garage could still be used. He added that it is his opinion that the garage is not intensifying a nonconforming use of property. H also stated that there is not currently a garage on the property. Section 9.116(4) requires that single family dwellings provide at least two (2) off-street parking spaces, one of which shall be a garage. He stated that the proposal will bring the property into compliance with this requirement. Mr. Anderson informed the Commission that the City Comprehensive Plan designates this area for either future high density residential development or for future commercial development. The property appears to lie right on the border between the two future land use classifications. However, considering that a garage can be used for either commercial or residential purposes, he stated that the proposal does not have a significant impact on the Comprehensive Plan. Chairperson Szurek opened the public hearing. The public hearing was closed as no one was present to speak regarding this issue. Motion by Ramsdell, seconded by Hunter, to recommend to the City Council the approval of the Conditional Use Permit to allow a garage on the property at 418 40th Avenue NE, subject to the following conditions: All required state and local codes, permits, and inspections including, but not limited to building permits will be met and in full compliance. The use of the garage shall remain accessory to the principal use of the property which at this time is residential. Should the principal use of the property change to an allowed commercial operation, the use of the garage shall become accessory to that commercial use. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE OCTOBER t2, 1998 CITY COUNCIL AGENDA. STAFF REPORTS: Mr. Anderson reminded the Commission that the regularly scheduled Planning and Zoning Commission meeting for November would fall November 3, 1998 which is Election Day. For that reason, the upcoming meeting date should be rescheduled. Discussion was held regarding which date would work. Motion by Peterson, seconded by Ramsdell, to change the November Planning and Zoning Commission meeting date PLANNING AND ZONING COMMISSION R~GOLAR MET:'TING - NIlNU-rEs OCTOBER 6, 1998 Page 16 to November 10, 1998 at 7:00 p.m. Voice Vote: All Ayes. Motion carried. Motion by Ramsdell, seconded by Hunter, to adjourn the meeting at 8:37 p.m. Voice Vote: All Ayes. Motion carried. Res~,ul,~mitted, ~ . Kathryn Pepin Secretary to the Planning and Zoning Commission kp