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HomeMy WebLinkAboutSeptember 14, 1998 ExecutiveCITY OF COLUMBIA HEIGHTS (1") 590 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION NOTICE OF COUNCIL EXECUTIVE SESSION Notice is hereby given that a Council Executive Session will be held. DATE: TIME: Location: PURPOSE: MONDAY, SEPTEMBER 14, 1998 6:00 P.M. CONFERENCE ROOM II - CITY HALL CITY MANAGER'S PERFORMANCE REVIEW AND COMPENSATION The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only.) THE CItY OF COLUMBIA HEIGHTS DOES NOT DiSCRimiNATE O~q THE EASiS Of DiSABILItY IN E~IPLOYN~ENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, SEPTEMBER 14, 1998 7:00 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 1. CALL TO ORDER/ROLL CAI JI ~(CommencementofCablecastingofRegMtg on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA 4. CONSENT AGENDA a) Approval of Meeting Minutes - August 24, 1998 Regular Council Meeting b) Block Party Request - 4048 Second Street, T. Herrick c) Block Party Request - 2115 Highland Place, K. Mayer d) Establish Date for Public Special Assessment Levy Hearing e) Second Rdg. Ordinance No. 1376 Excluding Police Vehicle f) Quotes fi:om Consultants for a New Telephone System g) Developent Agrnt/Declaration of Covenants for Columbia Village/Crest View Corp. h) Removal and Replacement of Used Oil Tanks i) Res. No. 98-77 Approving Final Plat for Crest View Communities j) Variance Request - 3843 Tyler Street k) 1998 HOME Agreement 1) Six Month Review of Adopted Goals and Objectives m) Replacement of Fuel Monitor System Located in the MSC. n) Award of I and I Study o) Authorization to Seek Quotes for Roof Improvements at Various Locations p) Authorization to Seek Bids for Retaining Wall Construction q) Approval of License Applications r) Payment of Bills s) Reappointments to Human Services Commission 5. P,_ECOGN!T~ONS, PROCLA1VIATIONS, PRESENTATIONS s~.~D GUEST~ = A. Introductions of Newly-Hired Employees, CSOs and Police Officer B. Presentation of Clock to R. Paulson for Service on P & Z Commission C. Recognition of Seniors Successful Competition in Senior Olympics 6. PUBLIC HEARINGS A. Res. No. 98-78 Rental Property License Revocation - 1013/1015 43 ½ Avenue 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-79 - Adopting Proposed Budget B. Bid Considerations None C. Other Business 1) Conditional Use Permit- Case #9808-41, 3827 Central Avenue 2) Mission Statement Selection- City of Columbia Heights 3) Request to Hold Fundraising Concert at Huset Park Bandshell 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) August 26, 1998 Park and Recreation Commission Meeting 2) August 31, 1998 Traffic Commission Meeting 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOURNMENT WF/js CITY OF Mayor COLUMBIA HEIGHTS (i") JosCs,.r,eu.., Councilmernbers Donald G. Jolly 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806Marlaine Szurek Ga0' L. Peterson Robert W. Ruettimann ADMINISTRATION City Manager Walter R. Fehst SEPTEMBER 11, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, September 14, 1998 in the City Council Chambers, City Hall, 590 40th Avenue N.B., 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 ~vill be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE FILES 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 the Consent Agenda items as follows: a) Approval of Meeting Minutes MOTION: Move to approve the minutes of the August 24, 1998 Regular Council Meeting as presented. b) Block Party_ Request - Tom Herrick, 4048 Second Street Northeast MOTION: Move to approve the request of Tom Herrick, 4048 Second Street Northeast, to block off41st Avenue between Main Street and Second Street for a block party between 4:00 p.m. and 11:00 p.m. on September 19, 1998. c) Block Party Request - Kay Mayer, 2115 Highland Place MOTION: Move to approve the request of Kay Mayer, 2115 Highland Place, to block off Highland Place for a block party between 3:00 p.m. and 9:00 p.m. on September 19, 1998, or in case of rain, on the alternate date of September 26, 1998. Page 1 THE CITY OF COLUMEMA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OF~ THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER COUNCIL AGENDA LETTER d) Establish Date for Public Special Assessment Lew Hearing MOTION: Move to establish Monday, November 16, 1998 at 7:00 p.m. as the Public Special Assessment Levy Hearing to be held in the City Council Chambers. e) Second Reading of Ordinance No. 1376 Being an Ordinance Excluding Police Vehicles MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to approve the second reading of Ordinance No. 1376 being an ordinance amending Ordinance No. 853, City Code of 1977, to exclude motor vehicles used in a police operation from the provision that no person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the city, whether on public or private property, without first locking the ignition and removing the key from the vehicle. f) Quotes From Consultants for a New Telephone System MOTION: Move to authorize staff to request quotes from consultants for consulting work to include determining specifications for a new telephone system for the City and writing a Request For Proposal to ~vendors for such a system. g) Development Agreement and Declaration of Covenants for Columbia Village/Crest View Corporation MOTION: Move to approve the Development Agreement and Declaration of Covenants and First Amended Deed of Appurtenant Easement between Crest View Corporation, Columbia Village, and the City of Columbia Heights, Minnesota; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. h) Removal and Replacement of Used Oil Tank MOTION: Move to authorize the Mayor, Council and City Manager to approve the contract with Keepsie Tank and Petroleum Equipment for the removal and replacement of tank for used oil, payments and reimbursements to be made from the Refuse Fund. i) Resolution No. 98-77 Being a Resolution Approving Final Plat for Crest View Communities, Case #9804-20, 1515 44th Avenue, 4470 Reservoir Boulevard, 4444 Reservoir Boulevard and 1675 44th Avenue MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve Resolution No. 98-77 approving the final plat for Crest View Communities. j) Variance Request - Case #9809, 3843 Tyler Street Northeast MOTION: Move to approve the variance of 10 feet at 3843 Tyler Street because the topography of the property creates a hardship. k) 1998 HOME Agreement MOTION: Move to approve the contract agreement for the 1998 HOME Investment Partnerships Program between Anoka County and the City of Columbia Heights; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Page 2 COUNCIL AGENDA LETTER ~oV_,PTV_,MBEIK 14, 1998 1) Six Month Review of Adopted Goals and Objectives MOTION: Move to approve and place on file the six month review of adopted goals and objectives fi:om the March Workshop as noted in the memo dated September 3, 1998 fi:om the City Manager. m) Replacement of Fuel Monitoring System Located at the Municipal Service Center MOTION: Move to authorize staff to obtain quotes for the replacement of the fuel monitoring system at the Municipal Service Center. n) Award of I and I Study MOTION: Move to award the I/I Study update to OSM of Minneapolis, Mn. in the amount of $13,000. o) Authorization to Seek Quotes for Roof Improvements at Ostrander, Silver Lake Beach and Keyes Park Buildings MOTION: Move to authorize staff to seek quotes for roof improvements at Ostrander, Silver Lake Beach and Keyes Park buildings. p) Authorization to Seek Bids for Retaining Wall Construction MOTION: Move to authorize staff to seek bids for retaining wall construction at 3857 Van B uren Street (on 39th Avenue), 4001 Cleveland Street, 4000 Benjamin Place (on 40th Avenue), 1306 and 1312 44th Avenue. q) Approval of License Applications MOTION: Move to approve the license applications as listed. r) Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. s) Reappointments to Human Services Commission MOTION: Move to reappoint Toni LaMere and Barbara Karol to the Human Services Commission with their respective terms to expire in April of 2001. 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A. Introductions Newly Hired Employees: Jon Wegner, Community Service Officer, Kyle Wilson, Community Service Officer and Matt Markham, Police Officer B. Presentations Engraved clock to Russ Paulson for service on Planning and Zoning Commission. Page 3 COUNCIL AGENDA LETTER g~!:'TE~]P, ER. 14, 1998 C. RecomTitions Recognition of the Columbia Heights Seniors successful participation in the Senior Olympics held on September 10, 1998. 6. PUBLIC HEARINGS A. Public Hearing/Resolution No. 98-78 Regarding Revocation of a Rental ProperW License for Property_ at 1013-1015 43 ½ Avenue Northeast, Owned by Amy Wazwaz MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-78 regarding the revocation of a rental property license for 1013-1015 43 1/2 Avenue owned by Amy Wazwaz. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-79 Being a Resolution Adopting Proposed Budget MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-79 being a resolution adopting a proposed budget setting the City, HR_A, and EDA proposed local levy, and establishing a budget heating date for property taxes payable in 1999, with the total HRA levy set at $80,239, and the City, Library and EDA levy set at $3,238.625 and the Truth in Taxation hearing date of December 7, 1998. B. Bid Considerations None C. Other Business 1) Conditional Use Permit, Case #9808-41, 3827 Central Avenue Northeast MOTION: Move to approve the Conditional Use Permit to allow off-street parking in the R-3 District at 3827 Central Avenue Northeast, subject to the listed conditions. Page 4 COUNCIL AGENDA LETTER SEPTEMBER 14, 1998 2) Mission Statement Selection - CiW of Columbia Heights MOTION: Move to consider the attached mission statements and adopt one statement which represents the wishes of the Council for Columbia Heights. 3) Request to Hold Fundraising Concert at Huset Park Bandshell MOTION: Move to authorize use of the Huset Park Bandshell for a public concert sponsored by Barry Cole, 4624 Washington Street N.E., Columbia Heights, Mn., on Sunday, September 27, 1998 within the guidelines listed in the Council Letter. 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager B. Report of the CiW Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) August 26, 1998 Park and Recreation Commission Meeting 2) August 31, 1998 Traffic 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 bing discussed.) 11 ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter WF/js Page 5 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 24, 1998 1. CALL TO ORDER/ROLL CA_LT, The meeting was called to order by Mayor Sturdevant at 7:00 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE MEETING AGENDA There were no additions nor deletions to the agenda. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted upon as part of the Consent Agenda by one motion. Items removed from the consent agenda will be taken up as the next order of business.) Motion by Peterson, second by Ruettimann to approve the consent agenda as follows: a) Approval of Meeting Minutes The Council approved the minutes of the August 10, 1998 Regular Council Meeting as presented. b) Authorize Quotes for Purchase of LCD Projector and Screen The Council authorized staffto seek quotes for an LCD projector and screen with 50% of the funds to be appropriated from the Cable Fund balance and 50% from the Refuse Fund balance. c) Authorization to Sell, Salvage, or Dispose of CiW Property on Saturday, September 12. 1998 The Council authorized the sale, salvage, or disposal of surplus City property as indicated on the attached listing of surplus property, to include Municipal Units g404-1991 Ford Crown Victoria, g415-1993 Ford Crown Victoria, and Police Department #62-1993 Ford Crown Victoria. d) First Reading of Ordinance No. 1376 Being an Ordinance Addressing Keys Left in Vehicle The reading of the ordinance was waived there being ample copies available for the public. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 2 ORDINANCE NO. 1376 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PROHIBITING LEAVING A VEHICLE UNATTENDED WITH KEYS IN IGNITION Currently, the ordinance reads as follows: Chapter 10, Article III, Section X: 10.305(3) No person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the City, whether on public or private property_, without first lockin~ the i_~nition and removing the key from the vehicle. Is herewith amended to read as follows: 10.305(3) No person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the city, whether on public or private property, without first locking the i~nition and removin? the key from the vehicle. Notwithstanding the above, this provision shall not apply to any motor vehicle which is used in a police operation. First Reading: August 24, 1998 The second reading of Ordinance No. 1376 was scheduled for September 14, 1998 at approximately 7:00 p.m. e) Authorization to Purchase One Unmarked Downsized Veh/cle The Council authorized the purchase of one 1998 Ford Taurus unmarked, mid-size vehicle from the State of Minnesota bid #417583 with funding coming fi.om 431-42100-5150 and the Mayor and City Manager were authorized to enter into a contract for the same. f) Accept Donation from Browning-Ferris Industries to Repaint Forfeiture Van for DARF, Use The Council accepted the $1,550 donation from Browning Ferris Industries (BFI) to be used for the repainting and graphics for a 1989 Ford Aerostar van which will be used by the Police Department for programs such as D.A.R.E., graffiti clean up, parades and the Police Explorer program. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 3 g) Resolution No. 98-75 Being a Resolution Accepting A Local Law Enforcement Block Grant The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-75 BEING A RESOLUTION ACCEPTING LOCAL LAW ENFORCEMENT EQUIPMENT BLOCK GRANT AND APPROPRIATING MATCHING FUNDS WHEREAS, the City of Columbia Heights Police Department has been granted $24,605 in an equipment block grant from the U.S. Department of Justice for the purpose of funding equipment, and WHEREAS, a condition of the grant is that the City provides $2,734 in local match for this grant, and WHEREAS, the City of Columbia Heights Police Department has provided the U.S. Department of Justice a proposal for implementation funding for this grant, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City of Columbia Heights enter into a cooperative agreement with the U.S. Department of Justice for the project entitled "Local Law Enforcement Equipment Block Grant Program" for the period of October 1, 1998 to September 30, 2000. That $2,734 be appropriated from unexpended funds in the Police Department's 1998 budget to pay the local match. Passed this 24th day of August, 1998. Offered by: Peterson Seconded by: Ruettimann Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 4 h) Authorize Final Payment for Seal Coating The Council accepted the work for 1998 Seal Coat Program, Municipal Project #9801B and authorized final payment of $3,471.25 to Allied Blacktop Company of Maple Grove, Minnesota. i) Authorize to Seek Quotations for Window Replacement The Council authorized staff to seek quotations for replacement of single-pane windows at the Municipal Service Center. j) Authorization for Braun Intertec to Conduct Road Rater Testing on Zone 4 City Streets The Council authorized the hiring of Braun Intertec Corp. Inc. to conduct Road Rater testing on Zone 4 streets, excluding C.S.A.H. and M.S.A.S. for $940.00/mile plus mobilization and author/zed the Mayor and City Manager to enter into an agreement for the same. k) Acceptance of Feasibility Report for Sullivan Lake Sanitary and Waste Water Pumping Station and Authorization of Final Desitin Improvements The Council accepted the feasibility report for the Sullivan Lake Sanitary and Waste Water Pumping Station to RLK-Kuusisto of Mendota Heights, Minnesota and approved the final design of the improvements for a new wetwell/dry well pumping station, forcemain, gravity sewer and appurtenant improvements. 1) Establish Hearin~ Dates - License Revocation, Rental Properties The Council established a hearing date of September 28, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Yinsheng Zhang at 4636 Washington Street Northeast. The Council established a hearing date of September 14, 1998 for revocation or suspension of a rental license to operate a rental property within the City of Columbia Heights against Amy Wazwaz at 1013-15 43 ½ Avenue Northeast. m) Close Hearing - Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of the rental license held by Alan Schultz regarding rental property at 525 384 Avenue in that the property is in compliance with the Housing Maintenance Code. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 5 n) LaserFiche Maintenance The Council authorized the Mayor and City Manager to enter into a maintenance contract with Software Tailors for ongoing annual maintenance of the LaserFiche Optical Imaging System. o) Purchase of Jukebox and Scanning Equipment The Council authorized the Mayor and City Manager to enter into an agreement with Wybrite for the purchase of an optical jukebox and production scanner at a total cost of $18,640. p) Payment of Bills The Council approved the payment of the bills as listed out of proper funds. q) Approval of License Applications The Council approved the license applications as listed and the rental license applications as noted in the memo dated August 18, 1998 from C. Kewatt, Fire Chief. r) Council Work Session Dates The Council established Tuesday, September 8, 1998 at 7:00 p.m. and Monday, September 21, 1998 at 8:30 p.m. as dates and times for Council work sessions. Roll call on Consent Agenda: All ayes 5, PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A. Proclamations The Mayor read the proclamation designating August 28th through August 30th as U¢ited Way Weekend. B. Introduction of Newly-Hired Employee Denise Cully, the newly-hired Accounting Clerk, was introduced to the City Council. C. Presentations An engraved clock was presented to Vernon Moore for his twenty-four years of service to the City on the Police and Fire Civil Service Commission. An engraved clock was accepted by Councilmember Peterson on behalf of Dick Petkoff who had served on the Park and Recreation Commission for six years. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 6 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSDERATION A. Other Resolutions and Ordinances 1) Resolution No. 98-76 Being a Resolution Approving Revocation of Rental License for Property at 1407-09 Circle Terrace Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes The Assistant Fire Chief reviewed the Findings of Fact and the history of the violations regarding this property. He also reviewed the attempts made for re-inspections and the changes made regarding the responsible party for the property owner's interest. It was noted that the conservator for the property had been contacted in person. There was an understanding this conservator was authorized to access funds for any repair of the property. He has been virtually non-responsive to the notifications received regarding re- inspections. Also, it appeared from an inspection of the exterior of the building, no repairs nor refurbishing has taken place. RESOLUTION NO. 98-76 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY SUSAN LOEWENTHAL (HEREINAFTER "LICENSE HOLDER"). WHEREAS: LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1407-09 CIRCLE TERRACE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUIvlBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FOR THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON AUGUST 13, 1998 OR A PUBLIC HEARING TO BE HELD ON AUGUST 24, 1998. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 7 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That on October 15, 1997, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted fourteen violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on December 11, 1997, a 30 day extension was requested and granted. Extension orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on January 20, 1998, a 30 day extension was requested and granted. Four of the fourteen violations (exterior violations) listed were given time extensions to April 30, 1998. Extension orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on February 19, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, attempted to reinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenants on both sides of the building were home, but stated they had not been notified of the inspection that day. Inspectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on March 26, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, attempted to reinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenant on the 1407 side was not home, and the tenant on the 1409 side was home, but stated that they had not been notified of the inspection that day. Inspectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 8 10. 11. That on May 19, 1998, Matt Field and John Larkin, inspectors f.or the City of Columbia Heights, attempted to reinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenants on both sides of the building were home, but stated that they had not been notified of the inspection that day. Inspectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on or before May 20, 1998, Assistant ChiefAlexon had telephone conversation with a tenant of the Loewenthal properties who stated that Mr. Kurt Loewenthal has passed away and that she was paying her rent to an attorney f.or Susan Loewentahl. Assistant Chief Alexon wrote the attorney a letter asking for information on the status of the property. That on May 26, 1998, Assistant Chief. Alexon received a letter fi.om attorney at law, Mr. David M. Jacob's law firm stating that Mr. Jacobs has been appointed special conservator of Susan Loewenthal. The letter also stated that it was only recently that Mr. Jacobs had become involved in these matters and would have a difficult time correcting any violations prior to the June 8, 1998 deadline. That on June 5, 1998, Assistant ChiefAlexon received a letter fi.om Mr. Jacob's office stating that they could not correct the violations due to Mr. Jacobs just recently becoming involved with the Loewenthals and complications in the conservatorship process. The letter went on to ask for a 60-day extension. A 60- day extension was granted by Assistant Chief Alexon, with a reinspection date of, August 5, 1998 being set. Also, a letter was sent to Mr. Jacobs detailing a list of. immediate concern violations that Assistant Chief Alexon felt need to be corrected as soon as possible. That on August 5, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and found that none of the violations were corrected. A $40.00 reinspection fee was assessed. A Statement of Cause and a Notice of Revocation Heating listing the uncorrected violations, was sent to the owner of'the property listed on the Rental Housing License Application and to the conservator of the Estate of Susan Loewenthal by certified mail. That based upon said records of the Enforcement Officer, the f,otlowing conditions and violations of the City's Housing Maintenance Code were f.ound to exist, to-wit: REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 9 A. FAILURE TO CORRECT VIOLATIONS OF THE HOUSING MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $40.00 12. That all parties, including the License Holder and any.occupants or tenants, have been given the appropriate notice of this heating according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL That the building located at 1407-09 Circle Terrace is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 0 That all applicable rights and per/ods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F2242 is hereby revoked/suspended (cross out one); o The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; o All tenants shall remove themselves fi:om the premises within 60 days fi:om the first day of posting of this Order revoking the license as held by License Holder. Passed this 24th day of August, 1998. Offered by: Peterson Seconded by: Ruettimann Roll call: Alt ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 10 B. Bid Considerations None C. Other Business 1) Replacement of Unit #234 MT Trackless It was noted that the need for this equipment has increased because of its varied uses and its versatility. $5,000 was allowed for the trade-in of the MT Trackless purchased in 1988. Motion by Jolly, second by Szurek to approve the purchase of an MT Trackless 4-wheel drive multi-purpose tractor with 120" rotary mower deck, 51" two stage snow blower, 5' angle snow plow and 60" x 34" power angling sweeper offthe State Contract from MacQueen Equipment Inc. of Minneapolis for $76,623.00 plus tax with funds to be taken from the Parks Capital Equipment Replacement Fund 431-45200-5150. Roll call: All ayes 2) Conditional Use Permit - Case #9808-38, 715 39th Avenue Northeast This CUP request is to allow' the addition of used car sales in conjunction with the existing auto body repair business. Essentially, the plan is to purchase, repair and resell vehicles as an additional source of income for the operation. The owner stated that the hours of operation will be 8:00 to 5:00, Monday through Friday and 9:00 to 1:00 on Saturday. Motion by Peterson, second by Ruettimarm to approve the conditional use permit to allow auto sales as an accessory use in the 1-2, Heavy Industry District, at 715 39th Avenue NE, subject to the following conditions: 2. 3. 4. 5. 6. 7. This conditional use permit will become null and void if the principal use of the property changes, and is no longer used for auto repair; All required state and local codes will be met and in fall compliance; Lighting can not exceed 3 foot candles at the property boundary, and a lighting plan will need to be reviewed and approved by staff; All autos offered for sale must be stored within a securely fenced area; All autos presented for sale must be parked on spaces no smaller than twenty feet in length by ten feet in width; The parking spaces will need to be illustrated on a site plan drawn to scale which will be reviewed and approved by staff; The parking spaces will need to be striped on the lot and a bumper curb will be provided; REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 11 o 10. 11. 12. 13. 14. 15. Improvements to both the on-site parking lot and the recently approved off-site parking area shall be complete before any sales are permitted; The maximum number of autos available for sale shall not exceed the number of parking spaces designated for the auto sales; The designated auto sales space not be used for the storage of inoperable vehicles; There shall be a minimum of two feet open space maintained between the parking spaces and adjacent property lines, buildings and fence; All signage shall comply with City sign regulations, and any signage for vehicles shall be approved by staff and be limited to signs located in the vehicle windows; The applicant shall file the required paperwork for the State license and shall obtain a yearly City license; Property shall be evaluated for necessary easements for public facilities; and, Tenant shall supply a written agreement for fence installation between the property owner to the east and his land owner. Roll call: All ayes 3. Rezonint Conditional Use Permit, Variance - Case #9808-37, 4417 Universi _ty Avenue and 315 44th Avenue The applicant has requested this issue be tabled until the September 14, 1998 Regular Council Meeting. At that time, it is his intention to submit a revised site plan. At its most recent meeting, the Planning and Zoning Commission had reviewed the site plan submitted and recommended denial of the site plan as well as denial of the rezoning, conditional use permit, and variance requests. Members of the Council felt the revised site plan should be viewed by the Planning and Zoning Commission and by the Traffic Commission before it is returned to the City Council. Motion by Ruettimarm, second by Szm'ek to table this matter until the October 12, 1998 Council Meeting at which time it will have been reviewed by the Planning and Zoning Commission and by the Traffic Commission. Roll call: All ayes 4) Potential Alley Cul-De-Sac Behind Autoworld The resident at 3830 Reservoir Boulevard stated his opposition to the cul-de-sacing of the alley and requested a formal denial by the Council. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 12 A motion was made to deny the alley cul-de-sac but no action was taken as it was noted that this had not been approved in the first place. Motion by Sturdevant, second by Ruettimann to require that the alley behind the east site of Jeff's, Bobby and Steve's Autoworld has access to both 39th Avenue and Reservoir Boulevard. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager The City Manager mentioned the Police Department handout on the Council table regarding offender policies and notification requirements. There is a meeting scheduled with City staff and representatives of Medtronic to discuss the pump station and Medtronic's phase II. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions The minutes of the August 11, 1998 Planning and Zoning Commission Meeting and the August 3, 1998 Library Board of Trustees Meeting were included in the agenda packet. No Council action was required. 10. CITIZENS FORUM Barry Cole, who resides at 4624 Washington Street, advised the Council of his intention to hold a two-day fundraising outdoor benefit in the Huset Park bandshell. He stated the benefactors of the funds raised were to be the storm victims in St. Peter, Minnesota. He requested the support of the Council. Mr. Cole was advised by members of the Council he must obtain permission to use the bandshell and obtain any necessary licenses and permits fi.om the City. He was cautioned that these permissions must be gotten before any further activity. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 13 It was also mentioned he should contact the Police Department regarding any related issues. He responded he had already contacted the Police Department. 11. ADJOURNMENT Motion by Peterson, second by Szurek to adjourn the meeting at 8:18 p.m. Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant AGENDA SECTION: Consent NO. ITEM: Block Party Request: Tom Herrick, NO. 4048 2~a Street N'E' CITY COUNCIL LETTER ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson /~ DATE: AugUst 31, 1998 ~ Meeting of: September 14, 1998 CITY MANAGER APPROVAL: BY: DATE: Attached is a block party request from Tom Herrick, 4048 2na Street N.E., to conduct a block party on Saturday, September 19, 1998, from 4:00 p.m. to 11:00 p.m., with barricades blocking off 41st Avenue between Main SWeet and 2nd Street. RECOMMENDED MOTION: Move to approve the request of Tom Herrick, 4048 2~a Street N.E., to block Off41st Avenue between Main Street and 2nd Street for a block party between 4:00 p.m. and 11:00 p.m. on September 19, 1998. mid 98-300 Attachments COUNCIl. ACTION: REQUESTOR'S NAME: BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED REQUESTOR'S ADDRESS: DATE OF EVENT: TIME STREET SHOULD BE BLOCKED STREETS THAT SHOULD BE BLOCKED: NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETURNED TO THE COLUMBIA I-IEIGHTS.POLICE D=~A~'~,~N'r, POUC~ CmOS OreCk, ~S9 m~'~ S'~=~' ~.~., CO[U~ THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDENG A CITY COUNCIL MEETING. CITY COUNCIL MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. ****************************************************************************** IF YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CI4rF~F'S SECRETARY AT 782-2845. No.AGENDA S~TION: Consent ITEM: Block Party Request: Kay Mayer, 2115 Highland Place NO. CITY COUNCIL LETTER ORIGINATING DEPARTM]ENT POLICE Meeting of: September 14, 1998 CITY MANAGER APPROVAL: BY: Thomas M. Johns?????????o~~ ] BY: DATE: August25'1994~'t' ~)I DATE: Attached is a block party request from Kay Mayer, 2115 Highland Place, to conduct a block party on Saturday, September 19, 1998, from 3:00 p.m. to 9:00 p.m., with barricades blocking of-f Highland Place. In case of rain, Ms. Mayer plans to hold the block party on Saturday, September 26, 1998. RECOMMENDED MOTION: Move to approve the request of Kay Mayer, 2115 Highland Place, to block off Highland Place for a block party between 3:00 p.m. and 9:00 p.m. on September 19, 1998, or in case of rain, on We alternate date of September 26, 1998. mld 98-291 Attachments COUNCIL ACTION: RECEIVEI ., BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED TIME STREET SHOULD BE BLOCKED STREETS THAT SHOULD BE BLOCKED: / NOTE: (ATTACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETUR_NED TO THE COLUMBIA HEIGHTS POLICE DEPARTMENT, POLICE CI4'~F'S OFFICE, 559 Mir .I. STREET N.E., COLUMBIA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEET'lNG. CITY COUNCIL MEETINGS ARE HELD THE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. I:F YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CI-ITI=.F'S SECRETARY AT 782-2845. CITY COUNCIL LE¥[ER Meeting of - SEPTEMBER 14~ 1998 AGENDA SECTION' CONSENT ORIGINATING DEPT.: CITY MANAGER ASSESSING APPROVAL NO: ~ ITEM: ESTABLISH DATE FOR PUBLIC SPECIAL BY: JANE GLEASON BY' ASSESSMENT LEVY HEARING~ I~'~o~ DATE: 8-28-98 NO: The City Council has, on an annual basis, conducted a special assessment levy hearing in the month of November. Staff is recommending Monday, November 16, 1998, at 7'00 P.M. for Council's consideration. RECOMMENDED MOTION: Move to establish Monday, November 16, 1998, at 7:00 P.M. as the Public Special Assessment Levy Hearing to be held in the City Council Chambers. cal 11 evy, 1 et COUNCIL ACTION: CITY COUNCIL LETTER Meetin~ of! September t4, 1998 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. ~ POLICE APPROVAL: ITEM: Second Reading Ordinance No. 1376 Amending BY: Thomas M. Johnson BY: Ordinance No. 853 to Exclude Police Vehicles DATE: August 25, 1998~Talx~ DATE: NO. '/,1~" ~,,~ BACKGROUND: In January of this year we began a program in conjunction with the Anoka County Sheriff's Office aimed at reducing the number of auto thefts in our community. Part of this program is the use of a "bait car" with the keys left in the ignition. When we researched our current ordinances and state statute, we found that we would be violating the law if we left the bait car unattended with the keys in the ignition. Since we did not want to be in violation of our own ordinance, we put the bait car under constant surveillance while we had it out, which is expensive and defeats the purpose of the program. ANALYSIS/CONCLUSION: Below is how the ordinance currently reads and how we would suggest it be amended: 10.305(3) No person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the city, whether on public or private property, without first locking the ignition and removing the key from the vehicle. REVISED: 10.305(3) No person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the city, whether on public or private property, without first locking the ignition and removing the key from the vehicle. RECOMMENDED MOTION: Motion: Move to waive the second reading of Ordinance 1376, there being ample copies available for the public. Motion: Move to approve Ordinance 1376, being an ordinance amending Ordinance 853, City Code of 1977, to exclude motor vehicles used in a police operation from the provision that no person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the city, whether on public or private property, without first locking the ignition and removing the key from the vehicle. 98-289 COUNCIL ACTION: ORDINANCE NO. 1376 BEING AN ORDINANCE AMENDING ORDINANCE 853, CITY CODE OF 1977, PROHIBITING LEAVING A VEHICLE UNATTENDED WITH KEYS IN IGNITION Currently, the ordinance reads as follows: Chapter 10, Article III, Section X: 10.305(3) No person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the city, whether on public or private property, without fa'st locking the i~nition and removing the key from the vehicle. is herewith amended to read as follows: 10.305(3) No person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the city. whether on public or private property, without fa'st locking the ignition and removing the key from the vehicle. Nothwithstandin~ the above, this provision shall not apply to any motor vehicle which is used in a police operation. First Reading: August 24, 1998 Second Reading: Date of Passage: Offered by: Seconded by: Roll call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: September 14, 1998 AGENDA St~CTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO:~'~ FINANCE APPRC},V.,~L ,~ ,, i W For some time now, the City's Siemens telephone system has been unreliable and required constant repairs to be kept in an operating fashion. There has been only one vendor who will do the repairs for the system due to its obsolescence, and even they admit it is a losing battle. The technology behind the Siemens system is antiquated and not year 2000 compliant, so a new system will need to be implemented before then. To this end, a proposal to research solutions for a new system was presented to the Telecommunications Commission at their meeting of July 16, 1998. The Commission passed a motion to recommend the City Council authorize staff to seek proposals for a consultant to write a Request For Proposal for a new telephone system. Monies for such a consultant would be appropriated from the Cable fund balance. Subsequently, staff conducted a survey of 30 cities to determine how they went about implementing their telephone systems. Of those that responded, the majorky used a consultant to help staff determine specifications and write a Request For Proposal to potential vendors. Staff would like to send out requests for quotes for consulting work as detailed above (determine specifications and write a Request For Proposal) to those consultants listed in the survey as recommended by the ckies who used them. The quotes would be reviewed by the Telecommunications Commission for further recommendation to the City Council. RECOMMENDED MOTION: Move to authorize staff to request quotes from consultants for consulting work to include determining specifications for a new telephone system for the City and writing a Request For Proposal to vendors for such a system. COUNCIL ACTION: w C~ uJ ~J w CITY OF COLUMBIA HEIGHTS Meeting of: September 14, 1998 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ I~(. Communit~ Development APPROVAL ITEM: Development Agreement and BY: Kenneth R. Anderson 2~r7~ BY: Declaration of Covenants for Columbia DATE: September 11, 1998c(5~ x Village/Crest View Corporation BACKGROUND: (? Attached is a copy of a proposed Development Agreement and Declaration of Covenants for the proposed Columbia Village Senior Housing facility on the Crest View Corporation campus at ~.~. ~.4 Reservoir Boulevard. You will note that there is a cover letter from the attorney for Columbia Village identifying the purpose of the Development Agreement. The previous Development Agreements between the City and Crest View Corporation were executed in 1984 and 1991. Also attached is the First Amended Deed of Appurtenant Easement. This document establishes an utility easement across City property as well as an ingress/egress easement for driveway purposes. ANALYSIS: The attached Development Agreement terminates previous agreements between the City and Crest View Corporation prepared and executed in 1984 and 1991. The Agreement also lays out new conditions which apply to the proposed Columbia Village project which has been previously approved by the City Council. The final plat has been recommended for approval by the Planning and Zoning Commission and will be on the City Council agenda of September 14, 1998. The Agreement essentially lays out the requirements and variances set aside for Crest View Corporation from the parking requirements in the City's Zoning Ordinance. There are also some variances to the square foot requirements for units at Royce Place. The Agreement and easement have been reviewed by the City Attorney. His comments have been incorporated into the revised documents attached hereto. RECOMMENDATION: The City Attorney and Staff recommend City Council approval of the Development Agreement and Declaration of Covenants and First Amended Deed of Appurtenant Easement. The Development Agreement and easements are necessary for submission by Crest View Corporation to the U.S. Department of Housing and Urban Development (HUD) in order for Crest View to secure approval of HUD to enable the Columbia Village project to close on or before September 30, 1998 and commence construction in October of 1998. RECOMMENDED MOTION: Move to approve the Development Agreement and Declaration of Covenants and First Amended Deed of Appurtenant Easement between Crest View Corporation, Columbia Village, and the City of Columbia Heights, Minnesota; and furthermore, to authorize the Mayor and City Manager to enter into an Agreement for the same. Attachment HACouncilXltrg- 14-98cresVAew COI. LNCIL ACTION: SAM'UEL D. ORRO¥ICH JUDITH H. GARTNER SUSAN 1~ $CHAFFER THOMAS L. SKORC-ZESKI ORBOVICH & GARTNER CHARTERED writer's Maiting Address ~67 Parkrkige Drive Eagan, Minnesota 55123 Writer's Direct Dial and F~x Telephon,: (651) aSa.7538 Facslmile: (651) 454-822S BARBARA J. BLUMER Of Counsel September 11, 1998 Via Facsimile only 782-2857 Ken A~derson Director, Economic Development Agency City of Columbia Heights 590 - 40th Avenue NE Columbia Heights, MN 55421 Re: City/Crest View/Columbia Village Deed of Appurtenant Easement Dear Mr. Anderson: Enclosed is an updated draf~ of a First Amended Deed of Appurtenant Easement for the Council's consideration at its meeting on September 14, 1998. This dra5 updates the draft sent to you on September 8 in the following ways: · Widens the ingress and egress easement from 30 feet to 44 feet · Includes a utility easement An updated draft of the Development Agreement will follow later today. Please call if'you have questions, comments, or corrections. Thank you for your continuing cooperation on these matters. Very truly yours, Barbara J, Blumer cc: Shirley Barnes, Crest View Corporation FIRST .aMENDED DEED OF APPURTENANT EASE~ This First Amended Deed of Appurtenant Easement is made and entered into this ~ day of ,1998, by snd between the City of Col~_~bia Heights, Minnesota, a 1Vlinnesota municipal corporation, ("Grantor"), and Crest View Corporation, a 1Viinnesota non-profit corporation ("Crest View") and Columbia Village, a Minnesota non-profit corporation ("Columbia Village"), (both collectively referred to as "Grantees"). RECITALS Crest View is the owner of those tracts 'of real property lying and being in the County of Anoka, State of Minnesota, legally described in Exhibit ,4. attached hereto and incorporated herein as if set forth at length herein (~Crest View Property"). Crest View was formerly known as Crest View Lutheran Home. The real property legally described in Exhibit C ("Columbia Village Property"), which is a portion of the Crest View Property, will be conveyed from Crest View to its affiliate Columbia Village, a 1Vlinnesota nonprofit corporation, on or about September 30, 1998 for purposes of the construction and operation o£ a residential facility for elderly persons. The real property legally described in Exhibit B ("Remaining Crest View Property") contains those tracts of the Crest View Property remaining after the conveyance of the CoI-mbia Village Property; the improvements called Crest View Lutheran Home, Royce Place and The Boulevard are all located on the Remaining Crest View Property. Grantor is the owner of the tract of real property lying and being in the County of Anoka, State of'Minnesota, containing the parcels legally described in Exhibit D and Exhibit E attached hereto and incorporated herein as if set forth at length herein ("City Property"). The City Property lies to the south of the Crest View Property. Grantor and Crest View are parties to that certain Deed of/kppurtenant Easement dated June 12, 1992 (the "1992 Easement"), by and between the City and Crest View Lutheran Home filed of record in the office of the Anoka County Recorder, on June 17, 1992, as Document No. 984339. Grantor and Crest View wish to release one another from the 1992 Easement and to replace it with the easement hereinai~er described for the benefit o£ Grantees. Grantor and Grantees have agreed upon the easement hereinafter described. AGREEMENT Ink, tess and Egress Easement: The Grantor, in consideration of One ($1.00) Dollar to it in hand paid by Grantees, the receipt and sufficiency of which is hereby acknowledged, and other good and valuable consideration, hereby grants, conveys and quitclaims to said Grantees and each of them, their successors and assigns, a non-exclusive easement for purposes of ingress, egress, and construction and maintenance of a roadway, said construction and maintenance to be at the sole expense of Grantees.~ and each of them, in, over and upon that part of said City Property described in Exhibit D, together with all hereditaments and appurtenances belonging thereto, and subordinated md s~bSsst t~ th~ C-ra~tor'~ interest in said City property for road and utility purposes, including, but not lfrn~ted to, installation, repair and maintenance of ex~sting and future utilities and roadways. Utility Easement: The Grantor, in consideration of One ($1.00) Dollar to it in hand paid by Grantees, the receipt and sufficiency of which is hereby acknowledged, and other good and valuable consideration, hereby grants, conveys and quitclaims to said Grantees and each of them, their successors and assigns, a non-exclusive easement for utility purposes over and upon that part of said City Property described in Exhibit E, together with all hereditaments and appurtenances belonging thereto, and subordinated and subject to the Gran~or's interest in said City Property for road and utility purposes, including, but not llr-~ted to, installation, repair and maintenance of ex/sting and future utilities and roadways. To have and to hold said easements unto Grantees, and each of them, their successors and assigns, as appurtenant to the property of Grantees described in Exhibit~ A, iq and C, or any of them. The 1992 Easement is hereby superceded and replaced and is hereby declared to be released and of no further force and effect. CITY OF COLUMBIA HEIGHTS a municipal corporation By And By Joseph Sturdevant Its Mayor Walter R. Fehst Its City Manager STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me on this .... day of ,1998, by Joseph Sturdevant and Walter R. Fehst, the Mayor and City Manager, respectively, of the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. 2 Notary Public THIS DEED TAX EXEMPT This instrument was draf%ed by: Orbovich & Gartner, Chartered (BJB) 710 NCL Tower 445 Minnesota Street St. Paul, MN 55102 ~9/10/t998 22:~8 61245~8225 BLUHK~ ~AGK 86 EXI{IBIT A CREST VIEW PROPERTY Lots 1, 2, 3, and 4, Block 1, Crest View Commurfi~ies, City of Columbia Heights, County of Anoka, State of Minnesota 09/18/~998 22:48 612~5~8225 BLUMER PAGE EXHIBIT B REMAINING CREST VIEW PROPERTY Lots 1, 2 and 3, Block 1, Crest View Communities, City of Columbia Heights, County of Anoka, State of 1VIinne~ota EXHIBIT C COLUMB~ VILLAGE PROPERTY Lot 4, Block 1, Crest View Communities, City of Columbia Heights, County of'Anoka, State of Minnesota EXHIBIT D ENTRANCE FROM 44TH AVENUE OVER CITY PROPERTY An easement for ingress and egress purposes over that par~ of the east 44.00 feet of the west 183.00 feet of the Northeast Quarter of Sec~on 36, Township 30, Range 24, Anoka County, Minnesota lying southerly of the South line of CREST VIEW COMMUNITIES to the northerly curb line of 44th Avenue N.E. as now laid out and constructed. An easement for utility purposes over that part of the Northeast Quarter and the Northwest Quarter of Section 36, Township 30, Range 24, Anoka County, Nlinnesota lying southerly of CREST VIEW COMMUNITIES and northerly of the North line of ANDERSON'S FIRST ADDITION, ANDERSON'S SECOND ADDITION, and ANDERSON'S THIRD ADDITION, easterly of the West line of Royce Street and it's Northerly extension and westerly of the East line of Leander Lane and it's Northerly extension. 0~:44 Bi24548225 BLUMER PAGE 02 DEVELOPMENT AGI:~EE~ AND DECLARATION OF COVENANTS This Agreement made this day of ,1998 by and between Crest ¥iew Corporation, a Minnesota non-profit corporation, hereinafter referred to as "Crest View", Columbia Village, a Minnesota non-profit corporation, an affiliate of Crest View, and the City of Columbia Heights, Minnesota, a municipal corporation, hereinafter referred to as "City". WHEREAS, Crest View currently operates a nursing home, hereinafter referred to as "Crest View Lutheran Home", within the boundaries of the City on the property legally described in Exhibit A; and WHEREAS, Crest View currently operates a board and lodging assisted living residence, hereinafter referred to as "Royce Place', wit~n the boundaries of the City on the property legally described in Exhibit A; and WHEREAS, Crest View currently operates a senior citizen housing building, hereinafter referred to as "The Boulevard", within the boundaries of the City on the pr?perry legally described in Exhibit A; and WHEREAS, on January 12, 1984, the City and Crest View entered into a Development Agreement and Declaration of Covenants, hereinafter referred to as the ~1984 Development Agreement", which Agreement was recorded on January 24, 1984 as Document No. 634210 in the Office o£the County Recorder, County of Anoka, State o£ Minnesota, wherein Crest View subjected the property described therein to certain covenants and the City made certain committments with respect to the construction and operation ogThe Boulevard; and WHEREAS, the 1984 Development Agreement was -~ended on February 28, 1984 through an Agreement of Amendment, which Amendment was recorded on March 5, 1984 as Document No. 636928 in the Office of the County Recorder, County of Anoka, State of Minnesota; and WHEREAS, on September 29, 1987, the City and Crest View entered into a Development Agreement and Declaration of Covenants, hereinafter referred to as the "1987 Development Agreement", which Agreement was recorded on March 15, 1988 as Document No. 80029 in the Office of the County Recorder, County of Anoka, State o£ Minnesota, wherein Crest View subjected the property described therein to certain covenants and the City made certain committments with respect to the addition to and remodeling of Crest View Lutheran Home; and WHEREAS, on March 13, 1991, the City and Crest View entered into a Development Agreement and Declaration of Covenants, hereinafter referred to as the ~Recorded 1991 Development Agreement", which Agreement was recorded on March 15, 1991 as Document No. 926018 in the Office of the County Recorder, County of Anoka, State of Minnesota, wherein Crest View subjected the property described therein to certain covenants and the City made certain committments with respect to the construction and operation of Royce Place and Crest ¥iew Lutheran Home, and by which the 1987 Development Agreement was terminated; and WHEREAS, on December 20, 1991, the City and Crest View entered into an . Amended Development Agreement and Declaration of Covenants, heremai~er referred to ceas the ~Amended 1991 Development Agreement", about 'which recording information is not available, wherein the parties amended the Recorded 1991 Development Agreement in rtain respects; and WI-IEREAS, Crest View, through its affiliate Columbia Village, wishes to construct an additional residential facility for elderly persons within the boundaries of the City property legally described in Exhibit B, which will be conveyed from Crest View to Columbia Village on or about September 11, 1998, which construction would make necessary certain ~mendments to the 1984 Development Agreement and the Recorded 1991 Development Agreement; and WHEREAS, the City's Zoning Ordinance does not recognize within either its strict letter or variance criteria ~,A~e lesser number of vehicles owned by persons who are likely to become residents o£The Boulevard, Royce Place, or Col-r-bia Village; and WHEREAS, the City and Crest View recognize that properly maintained green area is preferable to a paved parking lot so long as parking is not needed; and WHEREAS, the City is willing to currently allow construction and operation of parking facilities to an extent less than the number of parking spaces required by strict letter vf the Zoning Ordinance; and WHEREAS, the City's Zoning Ordinance does not recognize within either its strict letter or variance criteria the lesser need for space for each living unit due to the absence of kitchens within each un.it in Royce Place, which is targeted at individuals who do not need nursing home care, but who need and desire more extensive supportive and personal services than would be offered at a traditional senior citizen housing building; and WHEREAS, the City and Crest View recognize that a common kitchen, dining room, living area, fitness and craft area, and personal laundry area are preferable to individual kitchens in a facility like Royce Place; and WHEREAS, the City wishes to reserve the right to demand that Crest View or its successors in title provide parking at a later date should the buildings have a need for parking based upon a demand for parking area greater than the spaces provided for and allowed in this Agreement or upon the conversion of the buildings referenced herein to certo~Jn other uses; and h~ WHEREAS, in order to provide for consistency between the 1984 Development ement, the 1987 Development Agreement, the Recorded 1991 Development eement, the Amended 1991 Development Agreement and this Agreement, the parties esire to terminate the 1984 Development Agreement, the Recorded 1991 Development eement, and the Amended 1991 Development Agreement and incorporate those of eir terms which will reme_~n in effect into this Agreement; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and declarations hereina~er set forth, Crest View and Columbia Village hereby declare that the prom/sea described in Exhibits A and B shall be subject to the following covenants, which shall run with the land and shall inure to the benefit o£ and be binding upon ali parties having any right, title or interest in said prom/sos and their respective heirs, personal representatives, successors and permitted assigns: 09/10/19S8 23:~4 612~548225 BLUMER P~GE 0~ ~ermination of 1984 Development A_m*eement. The 1984 Development Agreement, as amended by the Agreement of Amendment dated February 28, 1984, is hereby terminated and both parties are hereby released from its terms. [~unination pi~ Recorded 1991 Development A~reement and Amended 1991 Development AaTeement. The Recorded 1991 ~]evelopment Agreement and the An{ended 1§91 Development Agreement, are hereby terminated and both parties are hereby released from their terms. ]~r0visions Relating_ to Crest View Lutheran Home: (a), C01~versiOn of Crest View Lutheran Hom~. If* Crest View Lutheran Home is conver~d in whole or in part from a nursing home for elderly persons to non-elderly housing, Crest View shall, at its own expense, construct such addi~onal parking capacity as would be required for the new use by the ~oning Ordinance of the City then in effect. (b) _Provision o{ Aclditional Parking Spaces. In the 1991 Development Agreement, the City had consented, and hereby reat~ms its consent, to the construction and operation of a chapel, lounge and office area and remodeling of Crest View Lutheran Home, with no addition to the current sixty-seven (67) space parking lot; provided, however, that if Crest View Lutheran Home's sixty-seven (67) space parkin, g lot for the parking of residents, staff and visitors is deemed inadequate in raze in the sole discretion of the City (such inadequacy of size may be evidenced by the f~equent use of on-street parking or other off-street parking for residents and their visitors), Crest View shall provide up to twenty-one (21) additional parking spaces. Pr0.visigns Relating to The Boulevard. (a) Parkq____~ng for The Boulevard. So long as The Boulevard is used for housing for elderly persons, the aforementioned Zoning Ordinance, which permits Crest View a varlance o£ 75 spaces of the otherwise required 154 parking spaces, shall remain in full force and effect; provided, however: (1) If the seventy-seven (77) space lot becomes no longer large enough for the parking of residents and their visitors (such inadequacy of size may be evidenced by the frequent use of on-s~reet parking or other off-street parking for residents and their visitors), as determined in the sole discretion of the City, Crest View shall provide additional parking capacity as the City may require, which may not exceed an additional seventy-seven (77) parking spaces; and (2) If the number of private vehicles owned or used by residents of The Boulevard shall exceed fifty percent (50%) of the total number of 3 (3) housing units in the building, Crest View shah provide additional parking capacity as the City may require, which may not exceed an additional seventy-seven (77) parking spaces, based on a formula that one (1) additional parking space shall be provided for each vehicle to the extent that the number of private vehicles owned or used by residents of The Boulevard shall exceed fifty percent (50%) of the total number of housing units in the building; and If the Boulevard is converted in whole or in part from housing for elderly persons to non-elderly housing, Crest View shall, at/ts own expense, provide such additional parking capacity as would be required for the new use by the Zoning Ordinance of the City then in effect. Crest View recognizes that, under the current Zoning Ordinance, seventy-seven (77) garage spaces would be required if such conversion were made. This provision does not obviate the requirement that a new conditional use permit will be required before such conversion is made. Provisions Relatin~ to Royce Place: (a) Apartment UDits Size for Royce Place. in the Recorded 1991 Development Agreement and the Amended 1991 Development Agreement, the City had consented, and hereby reaffi~s its consent, to the construction of Royce Place with three (3) of the twenty-one (21)efficiency apartment un~ts containing three hundred and two (302) square feet of floor area, which consti~tes a variance of ninety-eight (98) square feet ~rom the four hundred (400) square feet of required floor area, ~r~d with the twenty-nine (29) one-bedroom apartment un, ts confining Four hundred fo~y-three (443) square feet of ~loor area, which constitutes ~ variance of one hundred ~Lncy-seven (157) square feet from the six hundred (600) square feet of required floor area in a R-3 zone. If Royce Place is conver~ed in whole or in part from a board and lodging assisted living residence for elderly persons to another use (including traditional elderly housing), then Crest View shall, at its expense, convert the non.conforming ~,~ts to a floor area size equal to or in excess of the minimum required by the Zoning Ordinance of the City even though the building may contain less units after such conversion. (b) _Parking for Royce Place. So long as Royce Place is used for an assisted living residence for elderly Fso?nsSOnS, the City Zoning Ordinance variance granted to Crest View for the truction of Royce Place, which permits Crest View a vari ,an~.?f fifty ) spaces (at least thr~e (3) of which must be garage spaces~ o~ ~ne , otherwise required one hundred (100) parking spaces (K?cy (50) of which are garage spaces), shall remain in full force and effect; provided, however: If the fifty (50) space lot becomes no longer large enough for the parking of residents and their visitors (such inadequacy of size may 4 09/10/1998 23:4d 612d5~8225 BLUMER PAGE (2) (3) be evidenced by the frequent use of on-street parking or other off-street parking for residents and their visitors), as determined in the sole discretion of the City, Crest View shall provide additional parking . (-capacity as the City may require, which may not exceed an additional fifty (50) parking spaces; and If the number of private vehicles owned or used by residents o£ Royce Place shall exceed fifty percent (50%) of the total number of housing units in the building, Crest View shall provide additional parking -cfff~apacity as the City may require, which re_ay n_ot excee, d_.an additional (50) parking spaces, based on a formula that ,one ,~1.) [.additional parking space shall be provided for each vemcxe ~o me extent that the number of private vehicles owned or used by residents of Royce Place shall exceed fifty percent (50%) of the total number of housing units in the building; and If Royce Place is converted in whole or in part from an assisted living residence for elderly persons to non-elderly housing, Crest View shall, at its own expense, provide such additional parking capacity as would be required for the new use by the Zoning Ordinance then in effect. Crest View recognizes that, under the current Zoning Ordinance, (50) garage spaces and fifty (50) other parking spaces would be requ/red if such conversion were made. This provision does not obviate the requirement that a new conditional use permit will be required before such conversion is made. Provizion~ Re!atin~ ~o Columbia Vill _ag_~: (a) Parking for Col~,mbia Village. So long as Columbia Village is used for housing for elderly persons, the aforementioned Zoning Ordinance, which permits Columbia Village a variance of sixty (60) spaces of the otherwise requ. i~re~ eighty (80) parking spaces, shall remain in full force and effect; prowaea, however: (1) If the twenty-two (22) space lot becomes no longer large enough for the parking of residents and their visitors (such inadequacy of size may be evidenced by the frequent use of on-street parking or other off-street parkir~g for residents and their visitors), as determined in the sole discretion of the City, Crest View shall provide additional parking capacity as the City may require, which may not exceed an additional fifty-eight (58) parking spaces; and (2) If the number of private vehicles owned or used by residents of Columbia Village shall exceed fifty percent (50%) of the total number of housing units in the building, Columbia Village shall provide additional parking capacity as the City may require, which may not exceed an additional fifty-eight (58) parking spaces, based on a fo,:a~ula that one (1) additional parking space shall be provided for each vehicle to the extent that the number of private vehicles owned or used by resident~ of Cob~mbia Village shall exceed £i~y percent (50%) of the total nvmber of housing units in ~he building; and 5 09/10/1998 23:44 B124548225 ~LU~ER ~a~ 07 (3) If Columbia Village is converted in whole or in part from housing for elderly persons to non-elderly housing, Columbia Village shall, at its own expense, provide such additional parking capacity as would be required for the new use by the Zoning Ordinance of the City then in effect. Columbia Village recognizes that, under the current Zoning Ordinance, forty (40) garage spaces would be required if such conversion were made. This provision does not obviate the requirement that a new conditional use permit will be required before such conversion is made. k~~v~a 7. Detention Pond. Crest View will main~min the detention pond shown on the 1998 site plan at the tions agreed upon, in good condition, and clean it at least monthly. Crest View will the baffle weir/tee from debris at all times to prevent damming. 8. Enforcement Provisions: The covenox~ts herein shall run with the land and shall be in favor of the City. This Agreement shall be enforceable by the City in any court of competent jurisdiction through actions either in equity or in law. Should the City wish to enforce this Agreement with respect to provision of additional parking, garages, or larger living units, the City shall first give thirty (30) days written notice to Crest.View or Col:~__mbia Village, respectively, at 4444 Reservoir Boulevard, Columbia Heights, Mlq 55421. Additional parking capacity required to be furnished shall be located within the areas described in Exhibits A and B. ~hould Crest View or Columbia Village, res.p.e.ctively, not comply with parking capacity expansion or additionffi garage ap_ace _o.r. lar~e.~r unit provisions as rquired by the City pursuant %o this Agreement, the City, ff tz cnooses not to first compel compl/ance in a court of competent jurisdiction, may enter upon the land described in Exhibits A and B and construct such improvements as it requires at the expense of Crest View or Coh,~mbia Village, respectively, and assess the cost thereof, together with related administrative, legal, and engineering charges, against said property as if such construction was a public improvement under Minnesota Statutes Chapter 429. Should the City apply to a court of competent jurisdiction to enforce compliance with this Agreement or to obtain payment of construction and associated costs, Crest View or Cob~r~bia Village, respectively, shall pay the City's attorneys' fees and costs therein incurred. This covenant shall run with the land for a period of thirty (30) years. 9. Entire _AKreement. No other agreement, statement or promise made by any party or by any employee, officer, or agent of any party shall be binding unless in writing and signed by all parties to this Agreement. 10. Comoliance wi~h Laws. R~es and Re_m~lationa. Crest View and Columbia Village shall comply with the requiremen~ of ail 6 09/10/199B 23:4~ B12A54B225 BLUMER PAGE ~B applicable restrictions, conditions, ordinances, regulations, rules, orders and laws of' any governmental authority and shall not violate any private restrictions or covenants or encroach upon or interfere with easements affecting the property. IN WITNESS WHEREOF, the parties have hereunto set their hands to this Agreement and Crest View and Columbia Village have caused this Declaration to be executed. CITY OF COLUMBIA HEIGHTS a municipal corporation CREST VIEW CORPORATION a Minnesota non-profit corporation By By Joseph Sturdevant John B. Rice ~ Its Mayor Its Chairman And By Walter R. Fehst Its City Manager By Shirley E. H. Barnes Its Chief Executive Officer COLUMBIA VILLAGE a Minnesota non-profit corporation By And By Paul Madson Its Chairman Shirley E. H. Barnes Its Chief Executive Officer b~V Z-6£Z~'~23: ~-~ 61~2z~48225 ~LUf,4ER P~,GE 89 STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me on this ~ day of ..., 1998, by Joseph Sturdevant and Walter R. Fehst, the Mayor and City Manager, re~spect-ively, of the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged be£ore me on this ~ day of ,1998, by John B. Rice and Shirley E. PI. Barnes, the Chairman and Chief Executive Officer, respectively, of Crest View Corporation, a Minneso~ nonprofit corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) COUNT OF ANO ) The foregoing instrument was acknowledged be£ore me on this __ day of . , 1998, by Paul Madson and Shirley E. H. Barnes, the Chairman and Chief Executive Officer, respectively, of Col-robie Village, a Minnesota nonprofit corporation, on behalf of said corporation. Notary Public 89/18/1998 23:~4 612~548225 BLL~ER PAGE This instr~rnent was draped by: Orbovich & Garmer, Chartered (BJB) 710 NCL Tower 445 lVlhmesota Street St. Paul, MN 55102 EXHIBIT A CREST VIEW PROPERTY Lots 1, 2 and 3, Block 1, Crest View Communities, City of Columbia Heights, County of Anoka, State of M/nnesota EXIqlI~IT B COLUlVIBIA VILLAGE PROPERTY Lot 4, Block 1, Crest View Communities, City of Columbia Heights, County of Anoka, State of'Minnesota CITY COUNCIL LETTER Meeting of: September,S, 1998 ORIGINATING DEPARTMENT: CITY MANAGER' S AGENDA SECTION: CONSENT AGENDA SPECZA~. PROJECTS APPROVAL NO: ~ ITEM:NO: REMOVAL REPLACEMENT OF Due to the age of the current tank, and the lack of monitoring equipment, the City has been directed by the MPCA to replace the tank or discontinue its use by December 22, 1998,please reference the attached memo from the MPCA. The waste oil tank is heavily used by our Public Works Department, as well as by residents and is the only publicly operated tank in the area. Reimbursement grants are available for the removal and replacement of such a tank and staff is applying for both. Grants will not cover the entire cost of the project as a 25% contribution by the City is required. In kind services may we used in lieu of cash payments. TASK: !. Pump out current tank 2. Removal of existing oil tank 3. Soil test 4. Remediation of soil, if needed 5. Installation of new !000 gallon double walled tank, with monitors 6. Replace soil where tank removed 7. Secure permits 8. Concrete pad with rim 9. Tank Vent risers and caps, install 10.Installation of Bollards COST ESTIMATE: 1.$1,500 2.$2,000 3.$300/site 4.$1,000 5.$8,880 6. City staff 7. City Staff 8. City Staff 9. City Staff 10.City Staff Tanks will be delivered 4-8 weeks after ordered. Grant for the replacement of the used oil storage tank is through the Minnesota Office of Environmental Assistance, and requires a 25% matching City contribution. A grant for the removal of the current tank is available through the Department of Commerce Petro Fund. The Public Works department will coordinate the work listed as being done by "city staff," and such cost will be considered as the 25% matching funds as required by the grants. Staff has obtained quotes from Columbia Tank, Pump and Meter and Detterman in addition to the above numbers from Kteepsie Tank and Petroleum. RECOMMENDED MOTION: Move to authorize, Mayor, Council, and City Manager to approve contract with Kleespie Tank and Petroleum Equipment for the removal and replacement of tank for used oil, payments and reimbursements to be made from the Refuse fund. COUNCIL ACTION: February12,1998 SPEEDMEMO To: Mr. Kevin Hansen, P.E. Director of Public Works City of Columbia Heights 637 - 38th. Avenue N.E. Columbia Heights, Minnesota 55421 From: Roger Fisher, Inspector Compliance and Assistance Unit Tanks and Emergency Response Section Hazardous Waste Division Minnesota Pollution Control Agency Underground Storage Tanks at 637 - 38th Avenue N.E. Enclosed is a database printout of the underground storage tanks at your facility. As we discussed during my compliance assistance visit of February 11, 1998 tanks 005 and 006 are in compliance with new tank standards and need no attention. According to our database, tank 003 is fiberglass with fiberglass piping but needs spill containment and overfill prevention by December 22, 1998. This tank information was provided at the time of tank registration and is not a result of an inspection by agency staff. To refresh your memory the three elements of upgrading that many older tanks need are 1) corrosion protection, 2) spill containment, and 3) overfill prevention. Tank 007, the waste oil tank, although made of fiberglass and exempt from spill containment and overfill prevention requirements poses a leak detection problem. Here's why: Inventory control combined with period tank tightness testing is being phased out because it is not a monthly monitoring method. Similarly, manual tank gauging with periodic tank tightness testing, a suitable leak detection method for smaller tanks, is also being phased out for the same reason mentioned above. · However, following tank system upgrade, tanks may use one or the other method mentioned above for ten years or until December 22, 1998, whichever is later. · The date that this 'ten year clock' starts ticking is the date that the tank system meets tank corrosion protection requirements. · Since tank 007 is fiberglass, its 'ten year clock' began ticking at the date of installation, October 1, 1988. Thus its ten years wilt elapse on October 1, 1998. RECEIVED FEB 1 7 PUBLIC WORKS · Since October 1, 1998 is earlier than December 22, 1998, manual tank gauging plus tank tightness testing may be used until December 22, 1998. · Automatic tank gauges don't work well for waste oil because of its high viscosity and lack of homogeneity. Statistical Inventory Reconciliation (SIR) won't work because the product isn't metered. · Vapor monitoring won't work because of waste oil's l~)w volatility. Groundwater monitoring won't work because of waste oil's low permeability (tendency to migrate through soil). · Manual tank gauging alone won't work because this method is allowed as the sole method of leak detection only for tanks of 1,000 gallons capacity or smaller. · Conducting a monthly tightness test on the tank would satisfy the leak detection requirement but would be cost prohibitive. Again, you may continue to use tank 007 as is until December 22, 1998 at which time it must be taken out of service. It may remain in temporary closure status for up to one year, thus it may sit idle until December 22, 1999 by which time it should have been properly closed (removed from the ground or properly closed in place). I hope you find this information helpful. IfI may be of further assistance, feel free to call me at 612/297-8570. F&X 1 612 717 9545 KLEESPIE 5 August, !0~$ Steve Synowczynski City Of CoiumNa Heights 037 - 380, Ave, N.B, Columbia l leights, MN 55421 BRUCE .tlAb SEN POi ~ 50~ 1~th S',re~ 612 459 932U Re: Waste Oil Tank [')ear Steve: We are pleased to offer the Dllowing revised proposal as outline below for your consideration. SCOPE OF WORK Services to provide you with a self contained skid mounted steel tank. Equipment Skid Tank: 1,000 Gallon doublewall skid tank. W/the following openings; [ 1 ] 14"H x 18"W x 48"/, drop fill assembly, with particle catch grating, top cover, cover to be held open with fused fire link and latch device and lock hasp. [ 1 ] 2" pump-out pipe [ 1 ] Z" tank remote vent [1] visual level gauge openings Tank to be primed and finish coated black, Tank Accessories: 2" Morrison part "A" cam-lock coupler for pump-out adapter 2" Morrison part "dust cap" for pump-out adapter 2" Momson 1515 2" UpctraR Vent Kroger visual level gauge 2" x 12' galvanized vent riser Note: All site work to be accomplished by the City unless other arrangements are made. i.e.; concrete, building, permits, installing tank vent rLsers and caps Qty 1 TOTAL INCLUDING TAX & FREIGHT :$8,880.00 BRUCE ~ADSEN PO2 Alternate: Se~i¢¢s to supply and instal! [11 tank level probe unit to connect to your present tank console. Add $1,34~.00 · Tax & Fr~. Note, El~'cUical by the city~ Kleespie Tank will honor this proposal for a period of 30 days, proposal extensions will only be granted in writing from the initiator Of Kleespie Tar~. The delivery of the tanks would be tbur to six weeks after receipt of order, This should cover areas as discussed, should you have any question please call me at your convenience. Sincerely, Bruce Madsen Consulting Engineer Accel:~"d gubj~ To Ail Terms And Cond. ilion~ Stated Her~in, And On Any Attachments Hereto and on the back of tlus ~ge CITY OF COLUMBIA FIEIGItTS Approved: Date: Purchase Order # 1998 CITY COUNCIL LETTER meetm Z or: ~eptemoer x~, AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~'~ Communit~f Development APPROVAL ITEM: Resolution 98-'1q ,which isa resolution BY: Joe Hollman~r/'/ approving Final Plat for Crest View Communities NO: Case # 9804-20, 1515 44~ Ave., 4470 DATE: September 2, 1998 Reservoir Blvd., ~,444 Reservoir Blvd., and 1675 44~ Ave. 't4 -/' Issue Statement: Crest View Corporation submitted a request for preliminary and final plat approval for the April 7, 1998 Planning and Zoning Commission. This request was accompanied by the following: 1. Conditional Use Permit to allow a low income Senior Housing Complex (retirement home) in the R-3 zoning district - this request was approved by the City Council; 2. Variances to Sections 9.116(4)(f), 9.116(2)(d), 9.109(4)(a)(iv), 9.109(4)(a)(v) of the Zoning Ordinance - these variances were granted by the City Council; and, 3. A lot split request - the lot split was approved by the City Council. Back_mound: The request for plat approval was tabled until the necessary information was provided. The preliminary plat was approved by the City Council on June 8, 1998. The Council also waived the required 10% land or cash equivalent dedication requirement. Note that this plat is not required and is not reconfiguring any lot lines, but is being completed in an effort to simplify legal descriptions for the property. Analysis: There are several new easements being proposed on the property, including: A 10 foot wide drainage and utility easement around the perimeter of the property; Utility Easement "A" is a fire lane easement from Reservoir Blvd. serving the HUD 202 building and Crest View Lutheran Home; Utility Easement "B" is a fire lane easement off 45~ Avenue NE intended to serve Royce Place and The Boulevard; and, A drainage easement around the detention pond. One change from the preliminary plat that has been made is that the drainage easement off the southeast comer of Lot 4 has been expanded to include an additional t0 feet around the perimeter of the easement. This was made in response to comments from the City Engineer. Please find the following information attached: A copy of the draft Resolution 98- and, A copy of the staff report for Case #9804-20. ; A copy of the final plat; Recommendation: The Planning and Zoning Commission held a public hearing for the final plat request on September 1, 1998. The Commission voted unanimously to recommend City Council approval of the final plat subject to final approval by staff. This final staff approval will essentially consist of double-checking the revised drainage easement to ensure that it has been revised correctly. Recommended Motions: Move to waive the reading of Resolution 98-"/'/ , there being ample copies available to the public. Move to adopt Resolution 98-'~q , approving the final plat for Crest View Communities. COUNCIL ACTION: RESOLUTION 98- BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL APPROVING THE FINAL PLAT FOR CREST VIEW COMMUNITIES WHEREAS, Crest View Corporation has submitted a request to the City of Columbia Heights, Minnesota for final plat approval for the properties located at 44!. 4 4 Reservoir Boulevard, 4470 Reservoir Boulevard, 1515 44a Avenue NE, and 1675 44a Avenue NE; and, WHEREAS, the preliminary plat was approved by the Columbia Heights City Council on June 8, 1998; and, WHEREAS, the Columbia Heights Planning and Zoning Commission held a public hearing for the final plat request on September 1, 1998; and, WHEREAS, the Columbia Heights Planning and Zoning Commission recommended City Council approval of the f'mal plat, subject to final approval by staff; and, WHEREAS, the f'mal plat is in compliance with all pertinent State and Local Codes and Ordinances. NOW, THEREFORE BE IT RESOLVED by the Columbia Heights City Council that the fmal plat for Crest View Communities is hereby approved. NOW, THEREFORE BE IT FURTHER RESOLVED by the Columbia Heights City Council that staff is hereby authorized to sign-off on the f'mal plat and submit it to the County Surveyor for final review and recording. PASSED THIS DAY OF , 19 Offered by: Seconded by: Roll Call: Major Joseph Sturdevant Jo-Anne Student, Council Secretary ATTACHMENT TO CASE 9804-20 AppLicant: Request: Crest View Corporation Final Plat approval ANALYSIS Crest View Corporation submitted a request for preliminary and final plat approval for the April 7, 1998 Planning and Zoning Commission. This request was accompanied by the following: · Conditional Use Permit to allow a low income Senior Housing Complex (retirement home) in the R-3 zoning district - this request was approved by the City Council; · Variances to Sections 9.116(4)(f), 9.116(2)(d), 9.109(4)(a)(iv), 9.109(4)(a)(v) of the Zoning Ordinance - these variances were granted by the City Council; and, · A lot split request - the lot split was approved by the City Council. Note that the development agreement is currently being mended and will include language that allows the CiD' to require additional parking if a need arises. This need can be identified by an observed problem, change of use, significant complaints, etc. This plat is not required and is not reconfiguring any lot lines, but is being completed in an effort to simplify the legal descriptions for the property. The request for plat approval was tabled until the necessary information was provided. A preliminary plat was reviewed and approved by the City Council on June 8, 1998. The City Council also waived the requirement from Section 9.406(6) which requires a dedication to the municipality an area not less than 10% of the total proposed area to be subdivided. There are several new easements being proposed on the property. · A 10 foot wide drainage and utility easement around the perimeter of the property. · Utility Easement "A" is a fire lane easement from Reservoir Blvd. serving the HUD 202 building and Crest View Lutheran Home. · Utility Easement "B" is a fire lane easement off 45~' Avenue NE intended to serve Royce Place and The Boulevar& As shown on the plat, tiffs easement stops on the western edge of Lot 2, Block 1. It will need to continue into Lot 3, Block 1. · A drainage easement around the detention pond. An earlier version of the final plat was submitted in July. Upon review of that plat, the City Engineer required an additional 10 feet around the perimeter of the drainage easement. Tl~s current plat reflects that change. At this point in time, I have not heard from the City Engineer whether the new easement is adequate however. As a result, the recommended mot/on is subject to final approval by the City Engineer. Recommended Morion: Move to recommend City Council approval of the final plat for Crest View Community, subject to final approval by staff. Attachments: A copy of the final plat, dated August 25, 1998 A copy of the previous staff report for Case # 9804-24 CiTY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5~421-3878 (612) 782-2800 TDD 782-2806 Pa~e 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE APRIL 7, 1998 PUBLIC HEARING Case #: 9804-20 Crest View Corporation 4444 Reservoir Blvd. NE 782-1611 Owner: Address: Phone: GENERAL INFORIVIATION Applicant: Parcel Address: 4444 Reservoir Blvd. NE (existing) Zoning: R-3 Multiple Family Residential Comprehensive Plan: H~DR High Density Residential Crest View Corporation 4444 Reservoir Blvd. NE 782-16t 1 I675 44a' Ave. NE (proposed) Surrounding Zoning and Land Uses: Zoning North: R- I South: R-1 East: R-1 West: R-2 Land Use North: Minn. waterworks/Keyes Park South: Residential *Last: Residential West: Residential BACKGROUND Explanation of Request: Crest View Corporation is requesting a Conditional Use Permit, Variances, a Lot Split, and Plat to construct a HUD 202 40 unit tow income Sen/or Housing Complex (retirement home) at 1675 44~ Ave. NE, which is the proposed address of the lot split parcel. The Department of Housing and Urban Development (HLrD) is providing financing for this project, and one of the requirements for this financing is that the complex be constructed on a separate parcel. This is the reason for the lot split. The plat is not required, but is being requested by the City in an effort to simplify legal descriptions for the entire Crest View property. After the property is platted it will be legally described with a lot and block number, rather than a metes and bounds description, which is used to legally describe the lot split. Crest View Corporation is requesting the lot split because it is the quickest method in which to subdivide the necessary parcel. The timing is needed for the HUD 202 financing (see attachment entitled "Summary of HUD 202 Capital Advance Grant Application" and the attached memo to Ken Anderson from Shirley Barnes dated June 19, 1997). At this point, information has not been provided for the plat. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY [N EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL (~PP~RTUNI~'Y EMPLOYER Case: 9804-20 Page 2 Case ttisto~: The Crest View property currently consists of three different uses. The Boulevard Apartments are designed for Seniors aged 62 and better who desire independent living. Royce Place consists of 50 units and is used for individuals needing assistance but are still able to maintain an independent lifestyle. Crest View Lutheran Home is used for those who need a full range of health care services. Crest View Corporation has had several proposals (18) before the Planning and Zoning Commission. The most recent was a Planned Unit Development Concept Plan (case 9802-17), which was approved by the Planning and Zoning Commission. This current case will alleviate the need to pursue preliminary and final Planned Urfit Development plans. AaNALYSIS Surrounding Proper'tv: (see map) The adjacent land to the north of the subject property is zoned R-1 Single Family Residential and is used for Keyes Park and Minneapolis Water~vorks. The lots to the east and south of the subject property are zoned K-1 Single Family Residential and are used residentially~ Parcels to the west of the subject property are zoned R-2 Two Family Residential and are also used residentially. The ex/sting use of the subject property consists of the three uses listed above (Boulevard Apartments, Royce Place, and Crest View Lutheran Home). The HUD 202 building will provide a slightly different service than the ex/sting three buildings in that it will provide affordable housing for Iow income Seniors. The proposed use is compatible with the character of the surrounding property. Technical Revie, v: The following summarizes parking requirements: Section 9.116(4)(f) requires two parking stalls for each dwelling unit, which would require 80 stalls for the proposed HUD 202 building - Crest View Corporation is requesting .5 spaces per unit, which will require a variance; Section 9.116(2)(d) states that parking must meet required front yards, which is 30 feet - Crest View Corporation requests to locate parking stalls in the front yard, which requires a variance. · Section 9.116(6)(d) states that there shall be provided adequate off-street loading space for all buildings which require receipt or distribution of material by vehicle. The following summarizes lot width and yard requirements in the R-3 district (Section 9.109(4)) Structure Height shall not exceed three (3) stories - proposal meets or exceeds this requirement · Front yard shall be 30 feet or more - proposal meets or exceeds this requirement; - Side yard shall be 1/4 the height of the building or 10 feet, whichever is greater - variance required; Case: 9804-20 Page 3 Rear yard shall be ~ the height of the building or 20 feet, whichever is greater - variance required; Floor area requirements per dwelling unit shall be 600 square feet for one-bedroom apartments and 720 square feet for two-bedroom apartments - proposal meets or exceeds this requirement; Minimum lot width shall be 70 feet - proposal meets or exceeds this requirement; Minimum lot area shall be 10,000 square feet - proposed lot area is approximately 35,215 square feet, which exceeds this requirement. Conditional Use Permit: Crest View Corporation requests a Conditional Use Permit for a new HUD 202 40 unit Senior Housing Complex (retirement home) at 1675 44c' Avenue NE. Section 9. t09(2)(h) of the Zoning Ordinance requires a Conditional Use Permit for the construction of retirement homes in the R-3 Multiple Family Residence District. This section of the ordinance states that the site shall contain not less than 400 square feet of lot area for each person to be accommodated and buildings are required to be 25 feet or more from a lot line of an abutting tot in an "R" District. The proposed tot contains over 35,000 square feet, which exceeds the lot area requirement. Strict enforcement of the 25 foot setback from a lot line abutting an "R" district would require that the building be set back 25 feet from the newly created property, lines because the existing Crest View property is zoned residentially. However, that requirement can be interpreted to be intended to create a buffer between the proposed use and adjacent residential property under different ownership. It is my interpretation that the proposal meets the intent of this requirement. Section 17, Performance Standards, of the Zoning Ordinance requires the following: · Solid waste material shall be so located and fenced as to be removed from public view; Mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material so that such equipment is not visible at street level or from neighboring properties; · Lighting shall be directed away from adjoining properties and public right-of-way; Water run-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. Prior to the issuance of any building permits, the following plans will need to be reviewed and approved: building plans, lighting plan, grading and drainage plan, and an erosion control plan. These plans will be reviewed by various departments, including Fire, Engineering, and the Building Official. Variances: Along with the Conditional Use Permit and lot split, six variances are being requested to allow the development of the HUD 202 building as proposed. The following summarizes these six requests. Case: 9804-20 Page 4 Variance 1. A request for a variance from the strict requirements of Section 9.116(4)(0 of the Zoning Ordinance, which requires two parking stalls for each dwelling unit, to allow .5 stalls for each unit. The requirement is 80 parking stalls. Crest View Corporation is proposing 20 parking spaces, plus two handicap spaces. As a result, a variance of 60 parking spaces is requested. The closest category in the Zoning Ordinance for determining parking for this type of use is Multiple Family. These requirements can be considered strict as many Seniors do not drive. Also, considering the existing configuration of the Crest View complex and the proposal for shared parking, providing the required 80 spaces on the newly created lot would not be practical. According to the site plan submitted with the application, there are 184 total parking spaces available on the campus including the proposed spaces. Variance 2. A request for a variance from the strict requirements of Section 9.116(2)(d) of the Zoning Ordinance, which states that parking must meet required front yards according to the 'district in which such parking is located. The front yard setback requirement is 30 feet in the R-3 Multiple Residence District. Crest View Corporation is requesting a variance of 30 feet to allow parking in the front yard. Based on the configuration of the existing buildings and the HLrD 202 requirement that a separate lot be created for the proposed building, it would not be practical to design the complex in a manner that would not allow parking in a front yard. Parr of the proposal is to construct two approximately 8foot wide enclosed walkway links to existing buildings in the complex. These links will require variances, as explained below. Variance 3. A request for a variance from the strict requirements Section 9.109(4)(a)(iv) of the Zoning Ordinance, which requires a 10 foot side yard setback. A variance of 10 feet is requested from the side yard setback requirement to allow a zero foot side yard setback for the construction of the link between the existing Crest View Nursing Home building and the proposed HUD 202 building. Variance 4. Section 9.109(4)(a)(v) of the Zoning Ordinance requires a 20 foot rear yard setback. A variance of 20 feet is requested from the rear yard setback requirement to allow a zero foot rear yard setback for the construction of the link between the existing Royce Place building and the proposed HU'D 202 building. Variance 5. A variance of I 0 feet will be required from the side yard setback requirement to allow a zero foot side yard setback on the remainder lot ai%er the lot split for the link from Royce Place to the proposed HUD 202 building. Variance 6. A variance of 10 feet will be required from the side yard setback requirement to allow a zero foot side yard setback on the remainder lot aller the lot split for the link from the Crest View Lutheran Home to the proposed HUD 202 building. The links addressed in variances 3 through 6 are needed to maintain the campus atmosphere and Case: 9g04-20 Page 5 to provide easy mobility between buildings in the Crest View complex for residents, staff, and visitors. Lot Split: Crest View Corporation requests a tot split and plat of the property located in part of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota for Crest View Corporation. The proposed site address is 1675 44~' Avenue NE. The proposed lot will be approximately 35,215 sq. f~., and will contain the HUD 202 40 unit Senior Housing Complex (retirement home). The following summarizes lot width and yard requirements in the R-3 district (Section 9.109(4)), which pertain specifically to the lot split application: · Minimum lot width shall be 70 feet - proposal meets or exceeds this requirement; , Minimum lot area shall be 10,000 square feet - proposed lot area is approximately 35,215 square feet, which exceeds this requirement; · Setback requirements which are listed above require variances for the proposed links between existing and proposed buildings. Typically, when subdividing property regular-shaped (grid-type pattern) lots are preferred. However, considering the existing configuration of the property, the irre_malar shaped lots are needed to meet building setback requirements. The principal structures will meet setback requirements, but the requested links will need variances. Plat: Information has not been provided for review of the plat. Compliance with City Comprehensive Plan: The City of Columbia Heights Comprehensive Plan designates the subject property for High Density Residential. One of the policies of the Population, Households and Employment Plan states the following: "Providing attractive options for senior citizens who might desire to move out of their detached house." Also, a goal of the Housing Plan is to up~ade and improve attractive multiple-family housing for those segments of the population that cannot afford or do not desire to live in detached housing. Policy # 5in this plan states the following: "The City shall continue to promote and protect equal housing opportunity in publicly assisted and private housing." The proposal is consistent with the City Comprehensive Plan. Summon: The positive aspects of this proposal are as follows: 1. The proposal in consistent with the City Comprehensive Plan. 2. The proposal will provide needed housing options for Iow income Sen/ors. 3. The proposed structure will be compatible with the character of the surrounding area. 4. The proposed lot split will be used to meet HUD 202 financing requirements, and Crest View Case: 9804-20 Page 6 Corporation will plat the property which will simplify legal descriptions for the entire property. The negative aspects of this proposal are as follows: 1. The proposed lot configuration is not ideal, but it maximizes the space available. Stafi£ Recommendations: Conditional Use Permit: following conditions: 1. 2. CONCLUSION Staff recommends approval of the Conditional Use Permit with the Solid waste material shall be so located and fenced as to be removed from public view; Mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material so that such equipment is not visible at street level or from neighboring properties; Lighting shall be directed away from adjoining properties and public right-of-way; Water run-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. Prior to the issuance of any building perm/ts, the following plans will need to be reviewed and approved: building plans, lighting plan, grading and drainage plan, and an erosion control plan. Ail required state and local codes, permits and inspections will be met and in full compliance. Ail loading and unloading must be performed on site and not encroach into the public right-of-way. Variances: Staff recommends approval of all 6 variances. Lot Split: Staff recommends approval of the Lot Split as it meets or exceeds the requirements of the Zoning Ordinance and is in compliance with the City Comprehensive Plan. Plat: Staff recommends that the Planning and Zoning Commission table the plat request until the applicant provides the necessary information. Recommended Mort'on: Move to recommend approval of the Conditional Use Permit to allow a low income Senior Housing Complex (retirement home) in the R-3 zoning district, subject to the following conditions: 1. Solid waste material shall be so located and fenced as to be removed from public view; 2. Mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material so that such equipment is not visible at street level or from neighboring properties; 3. Lighting shall be directed away from adjoining properties and public right-of-way; 4. Water run-off shall be channeled into a storm drain, water course, ponding area or other Case: Page 7 suitable facility. All required state and local codes, permits and inspections will be met and in full compliance. All loading and unloading must be performed on site and not encroach into the public right-of-way. Move to recommend approval of variances to Sections 9.116(4)(f), 9.116(2)(d), 9.109(4)(a)(iv), 9. t 09(4)(a)(v) because strict adherence to the provisions of this Ordinance would create a hardship to the landowner. Move to recommend approval of the lot split, as it meets the requirements of the Zoning Ordinance and is compatible with the Comprehensive Plan. Move to table the plat request until Crest View Corporation provides the necessary information. CITY COUNCIL LETTER Meeting of: September 14, 1998 AGEND.,~ SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: t,~ Communit,/Development APPROVAL ITEM: Variance BY: Joe Hollman~/~ BY'~~d~~ NO: Case g980940, 3843 Tyler St. NE Zit,. i DATE: September~2, 1998 Issue Statement: This is a request for a varianc allow the placement of the garage five feet off the rear property line with the vehicle entry door facing the alley. 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 line shall be 20 feet or more. This will require a variance of 15 feet. Background: The applicants also requested site plan approval from the Planning and Zoning Commission to move the garage onto the property at 3843 Tyler St. from a site in St. Paul. This is a prior built 12' x 20' (240 square foot) garage. Site Plan approval is one of a number of requirements needed to obtain a Moving Permit. Please see page 3 of the attached staff report which lists the remaining requirements. The Planning and Zoning Commission approved the site plan on September 2, 1998, subject to three conditions. 1. A modified site plan illustrating the 10 foot setback will need to be submitted with the building permit application. 2. The garage shall not be located over the existing water service. 3. City Council approval of the variance. Analysis: With the exception of the 20 foot setback requirement, the proposal meets all the minimum requirements of the Zoning Ordinance. Also, 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. The applicant is proposing to add a 240 square foot garage on the property. At this point there is not a garage on the property. The addition of the garage will bring the property into compliance with this requirement. Staff conducted a pre-moving inspection of the garage on August 25, 1998. The City Building Official has the following comments regarding the condition of the garage: The stucco needs to be repaired; Windows need to be repaired; Trim needs to be painted; A separate electrical permit will be needed for all wiring; and, The bottom plate needs to be treated. Provided these items are taken care of, the garage will meet City Building Code requirements. In order for a variance to be granted, hardship needs to be established. According to the applicant, it would be a hardship to set the garage back 20 feet due to a steep hillside on the property. Staff did visit the site, and there is a hillside on the property. However, the base of the hillside is located approximately 35 feet off the rear property line. As a result of the hillside, it does not appear that the garage can meet the 20 foot setback requirement without cutting into a portion of the hillside, but not to the extent that is being requested. A larger setback could be met. Also, should the garage be located 5 feet from the lot line, a car parked in the driveway would be partially parked into the alley right-of-way. The Planning and Zoning Commission discussed this issue with the applicants, and the applicants stated that they were agreeable to a 10 foot variance rather than the 15 foot variance originally requested. Please find the following information attached: Staff Report; Completed application form; Site Plans; and, Public Notice. Recommendation: The Planning and Zoning Commission held a Public Hearing for the variance request on September 1, 1998. They voted unanimously to recommend City Council approval of a variance of 10 feet at 3843 Tyler St. because the topography of the property creates a hardship. Recommended Motion: Move to approve the variance of 10 feet at 3843 Tyler St. because the topography of the property creates a hardship. COUNCIL ACTION: C TY OF COLUMBIA HEIGHTS (1--) 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5S421-3878 (612) 782-2800 TDD 782-2806 Case: 9809-40 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE SEPTEMBER 1, 1998 PUBLIC HEARING Case #: 9809-40 Phone: GENERAL INFORMATION Owner: Floyd & Patty Skogstad Applicant: Address: 3843 Tyler St. NE Columbia Heights, MN 788-1171 Parcel Address: 3843 Tyler St. Zoning: R-2 Two Family Residential Comprehensive Plan: LDR, Low Density Residential Surrounding Zoning and Land Uses: Zoning North: R-2 South: R-2 East: R-2 West: R-2 same Land Use North: Residential South: Residential East: Residential West: Residential BACKGROUND Explanation of Request: This is a request for site plan approval from the Planning and Zoning Commission to move a garage onto the property at 3843 Tyler St. from a site in St. Paul. This is a prior built 12' x 20' (240 square foot) garage. Site Plan approval is one of a number of requirements needed to obtain a Moving Permit. Please see page 3, which lists the remaining requiremems. This is also a request for a variance to allow the placement of the garage to be five feet off the rear property line with the vehicle entry door facing the alley. 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 line shall be 20 feet or more. This will require a variance of 15 feet. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPOrTUNIt~ EMPLOYER Case: 980940 Page: 2 Case History: There are no previous Planning and Zoning Commission cases on this site. ANALYSIS Surrounding Property: The surrounding property in all four directions is zoned R-2, Two Family Residential, and is used residentially. This is a white stucco garage and the existing house on the property is also white stucco. The garage will be consistent with the character of the surrounding neighborhood. Technical Review: Accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance. Requirements are as follows: · No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is less; · No accessory structures shall exceed 1,000 square feet, and any lot over 6,500 square feet may have a lot coverage of up to 30%; · Detached accessory structures must be six (6) feet or more from the principal structure; 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. The site plan that was provided with the application does not indicate the distance from the proposed garage to the house or the side lot line, but it appears that there is more than enough space to meet the setback requirements. The lot coverage on the property if the new garage were built would be approximately 22%, which meets requirements. With the exception of the 20 foot setback requirement, the proposal meets the requirements of the Zoning Ordinance. 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. The applicant is proposing to add a 240 square foot garage on the property. At this point there are no garages on the property. The addition of the garage will bring the property into compliance with this requirement. Staff conducted a pre-moving inspection of the garage on August 25, 1998, and the City Building Official offers the following comments: The stucco needs to be repaired; Windows need to be repaired; Trim needs to be painted; A separate electrical permit will be needed for all wiring; and, The bottom plate needs to be treated. Also, prior to the issuance of any building permits, staff will need to coordinate with the Public Works Department to ensure that the garage is not placed over water service. Provided, these items are taken care of, the garage will meet City Building Code requirements. Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, Case: 9809-40 Page: 3 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. According to the applicant, it would be a hardship to set the garage back 20 feet due to a steep hillside on the property. Also, if the garage were faced sideways, the neighbor is afraid that she will run into the garage because her driveway is on a steep hill. The applicant also stated that there are other garages along the alley that do not meet the setback requirement. Staff did visit the site, and there is a hill.qde on the property. However, the base of the hillside is located approximately 35 feet off the rear property line. As a resuk of the hillside, it does not appear that the garage can meet the 20 foot setback requirement without cutting into a portion of the hillside, but not to the extent that is being requested. A 15 foot setback could be met without cutting into the hillside. Also, should the garage be located 5 feet from the lot line, a car parked in the driveway would be partially parked into the alley right-of-way. Should the garage be located on the lot sideways, it would fit and meet setback requirements. However, the distance between the side lot line and the door of the garage would only be 17 feet. This does not allow much room for vehicle maneuverability. Also, the neighboring property on the north has a driveway that crosses over the property line of the subject parcel, further diminishing the amount of area for vehicle movement. Based on these reasons, it would appear that the more appropriate location would be to place the garage with the vehicle entry door facing the alley. Staff measured a number of garages up and down the alley. Those garages with vehicle entry doors facing the alley are set back a variety of distances, but staff did not see any that were as close as 5 feet from the lot line. There were a couple that were approximately 10 feet off the lot line, but most were between 15 and 20 feet off the rear lot line. Other Requirements: The following steps will need to be completed and approved prior to the issuance of any permits: · A lot survey showing location (setbacks) and drainage of the proposed structure, driveway and landscaping will be required prior to issuing a building permit. · Plans showing how the proposed foundation will be constructed and fastening of the structure to the foundation; · Approval of the moving route by the Columbia Heights Public Works Department, Anoka County Department of Transportation, and Minnesota Department of Transportation; · Moving route and times must be approved by the Columbia Heights Police Department; · All work must be conducted by contractors licensed by the Cky; · The building will be treated as new construction and, therefore, must comply with all current state and municipal codes; · Applicants must notify and receive approval from all utility companies. Case: 9809-40 Page: 4 .,Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for low density residential development, which includes one and two family dwellings. This proposal does not impact the goals and objectives of the Comprehensive Plan. The positive aspects of this proposal are as follows: 1. A garage is needed on the property to comply with Section 9.116(4) of the Zoning Ordinance. 2. Provided the necessary repairs are made to the garage, it will be consistent with the character of the surrounding area. The negative aspects of this proposal are as follows: 1. The garage style/size is outdated, but it will be consistent with the character of the surrounding area. CONCLUSION Sta~_ Recommendation: Staff recommends denial of the variance request of 15 feet because the hardship on the property does not necessitate a 15 foot var/ance. Staff recommends approval of a variance of 5 feet because the hillside does create a hardship and the 15 foot setback would be consistent with many of the other garages located along the alley. Staff also recommends approval of the site plan subject to the following conditions: 1. A modified site plan illustrating the 15 foot setback will need to be submitted with the building permit application. 2. The garage shall not be located over the existing water or sewer service. 3. City Council approval of the variance. Recommended Motion: Move to approve the site plan, subject to the listed conditions. Move to recommend City Council approval of a variance of 5 feet at 3843 Tyler St. because the topography of the property creates a hardship. Attachments: Completed application form; Area map; Site plans; Public Notice CITY OF COLUMBIA HEIGHTS Application For: Rezoning · -Variance ~ Privacy Fence Conditional Use Permit Subdivision Approval -Site Plan Approval v" Other Street Address o~ Sub.~ect Property: B[3W:?, -Fyl<r' ~4-~.~-t- MC-:, Gdc~mgj. l'~ ~/' Legal Description of Subject Property: L~ ~. ~ioc~ ~',, COCt, t-~X :~ib--a{~. Applicant: Address: Owner: Addres:: Phone: ZoninK: Applicable City Ordinance Number~ Present Zoning ~ ' ~-' Section Proposed Zoning Proposed Use Acknow!edMment and S£Knature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducin$ the City of Columbia Heights to take the action herein requested, %hat all statements herein are true and that all work herein mentioned will be done in accordance with :he Ordinances of the City of Columbia Heights and the laws of the State of ~innesota. I Taken By: LOT 47 3839 TYLER ALL FOUR CORNER IRONS LOCATED & MARKED LOT 48 19.3 3843 TYLER SKOGSTAD RESIDENCE PROPOSEE 12'X20' GARAGED ALLEY LOT 49 3847 TYLER LOT 47 3839 TYLER ALL FOUR CORNER IRONS LOCATED & MARKED ~ LOT 48 19.3 3843 TYLER SKOGSTAD RESIDENCE PROPOSED 12'X20' G. ARAGED ALLEY LOT 49 3847 TYLER ' CITY OF COLUMBIA HEIGHTS ~90 40TH AVENUE N.E., CoLuMBIA HEIGHTs, PLANNING ANO ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, September 1, 1998. The order of business is as follows: A request for site plan approval to move a previously built 240 square foot garage onto the property at 3843 Tyler Street. Site plan approval is required prior to issuance of a moving permit for any new or prior built structure being moved into or within the City limits. A request for a variance to allow the placement of the garage five (5) feet from the rear lot line with the vehicle entry door facing the alley. 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. This will require a variance of fifteen (15) feet. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782- 2800, extension 209, to make arrangements. (TDDI782-2806 for deaf or hearing impaired only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: ~t. Community Development APPROVAL ITEM: 1998 HOME Agreement BY: Joe Hollman<~ NO: /'~ "/~ DATE: September 1, 1998 Issue Statement: Attached, please £md a copy of the agreement between Anoka County and the City of Columbia Heights for the 1998 HOME project. At this point the City Council is being asked to approve the agreement. Background: In March, 1998, an application for HOME funds was submitted to Anoka County in the amount of $70,000. Once this agreement is approved by the City Council and all three copies are signed by the appropriate City officials ail the copies will need to be sent back to the County where they will obtain the necessary remaining signatures. One original will be returned to the City. Analysis: As stated in the agreement under #807 Columbia Heights Acquisition of Substandard Housing: The City of Columbia Heights has created a Housing Redevelopment Tax Increment Financing District, consisting of 55 scattered sites throughout the City. The purpose of this district is to remove substandard dilapidated homes and replace them with newer homes. These sites will be prioritized and two will be selected for improvement utilizing the 1998 HOME Program funds. HOME Funds $70,000.00 Match $17,500.00' *Columbia Heights will provide a non-federal match of at least $17,500.00, in compliance with the HOME program's 25% non-federal match requirement. This amount is reflected in the 1998 adopted EDA budget. Improvement of the two selected sites will include acquisition, demolition of existing structures, and sale of the property to Habitat for Humanity for development. Note that staff will be forthcoming with options for recommended sites. The Project is to be completed by July 1, 2000. Recommendation: Staff recommends approval of the contract agreement for the 1998 HOME Investment Partnerships Program between Anoka County and the City of Columbia Heights. Recommended Motion: Move to approve the contract agreement for the 1998 HOME Investment Partnerships Program between Anoka County and the City of Columbia Heights; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: 98-0744 HOME INVESTMENT PARTNERSHIPS PROGRAM AGREEMENT between ANOKA COUNTY, AS A MEMBER OF THE ANOKA, DAKOTA, RAMSEY, AND WASHINGTON COUNTIES HOME CONSORTIUM AND CITY OF COLUMBIA HEIGHTS This agreement entered into this 1st day of July, 1998, between the COUNTY OF ANOKA, a political subdivision of the State of Minnesota, by and through the Anoka County Housing and Redevelopment Authority, a public body corporate and politic (hereinafter the "COUNTY"), and City of Columbia Heights, 590 40th Avenue N.E., Columbia Heights, MN 55421 (hereinafter the "AGENCY"). RECITALS Ac The County of Anoka is a member of a Consortium composed of Anoka, Dakota, Ramsey and Washington Counties, and an urban county applicant for HOME funds under Home Investment Partnerships Act, Title II of the Cranston-Gonzates National Affordable Housing Act, Pub. Law No. 101-625, 42 U.S.C. § 12701 et sea., and will receive HOME funds for the purpose of carrying out eligible housing activities under the Act, and under regulations at 24 C.F.R. Part 92; The County of Anoka has entered into a joint powers agreement with the COUNTY to administer the Anoka County Home Investment Partnerships Program and delegated to the COUNTY the rights, duties and obligations to disperse, monitor and administer funds under the Home Investment Partnerships Program, in a manner consistent with terms and conditions imposed on the COUNTY by agreement, County of Anoka resolution, HUD regulations and the Home Investment Partnerships Program; The COUNTY desires to have certain services performed by the AGENCY as described within this agreement, and as authorized by Resolutions of the Anoka County Board for the purpose of implementing eligible activities under the Act and applicable regulations; It is appropriate and mutually desirable that the AGENCY be designated by the COUNTY to undertake the aforementioned eligible activities, so long as the requirements of the Act, applicable regulations, state law, and local law are adhered to, as provided for herein; Eo The purpose of this Agreement is to provide for cooperation between the COUNTY and the AGENCY, as the parties in this agreement, in implementing such eligible activities in the manner described above; Fo The par. ties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota; -1- Go PART I. 1. Ho The attached exhibits as listed below are hereby incorporated in this agreement and made a part hereof: Exhibit A Project Description and Budget Exhibit B Individual Project Summary Exhibit C Section 3 of the Housing and Urban Development Act of 1968 Exhibit D Certification Exhibit E Declaration of Covenants and Restrictions In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. GENERAL CONDITIONS SCOPE OF AGREEMENT The Agreement between the parties shall consist of: the signature page; the general . conditions; the federal, state, and local program requirements; the evaluation and record keeping requirements; Attachment A; each and every project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement. SCOPE OF SERVICES The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the exhibit(s) attached hereto. In the case of multiple projects, each project shall correspond to a separate exhibit. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. COMMENCEMENT AND TERMINATION OF PROJECTS Ac Upon release of project related funds by H.U.D. pursuant to federal regulations, the COUNTY shall furnish the AGENCY with written notice to proceed. No work on the project shall occur prior to the notice to proceed without written approval from the COUNTY. Termination dates for individual projects shall be specified in the Appropriate exhibits. The termination date may be changed through amendment of this Agreement. In general, a project is expected to be completed within 24 months from the date which the Agreement is executed. Projects which do not show substantial progress within the time span specified in the application may be terminated at the sole discretion of the COUNTY upon 30 days written notice to the AGENCY. If a project is for rehabilitation or new construction, the written agreement executed by the AGENCY must provide that construction shall begin within six months of execution of the agreement. If a project is for acquisition, the agreement must provide for purchase within six months of execution, and must further provide that the owner will transfer title within that period. -2- This agreement is in effect for the period of affordability, as established in Section 10-A-5 of Part II of this Agreement, required by 24 C.F.R. § 92.252, or as long as the AGENCY has control over HOME funds, whichever is longer. ADMINISTRATION The AGENCY shall appoint a liaison person who shall be responsible for the overall administration of HOME funded project(s) and coordination with the COUNTY. The AGENCY shall also designate one or more representatives who shall be authorized to sign the monthly Voucher and Reporting Form. The names of the liaison persons and representatives shall be specified in the exhibits. COMPENSATION AND METHOD OF PAYMENT The COUNTY shall reimburse the AGENCY for the services specified in the exhibits. Reimbursement shall be based on a Community Development Voucher and Reporting Form submitted with supporting documents and signed by the AGENCY's authorized representative. The AGENCY shall submit a properly executed Voucher and Reporting Form no later than fifteen (15) working days after the close of each billing period. The COUNTY will make payment to the AGENCY not more than twenty-one (21) working days after said invoice is received and approved by the COUNTY. The COUNTY will issue a statement of correction voucher in the event that the voucher request is erroneous. Payment does not constitute absolute approval. The AGENCY shall not request disbursement of funds until needed for payment of eligible costs. The amount of each request shall be limited to the amount needed. OPERATING BUDGET The AGENCY shall apply the funds received from the COUNTY under this Agreement in accordance with the requirements of the exhibit(s) attached hereto. FUNDING ALTERNATIVES AND FUTURE SUPPORT The AGENCY shall report all project income generated under this Agreement or generated though the project(s) funded under this Agreement. All project income must be returned to the COUNTY unless prior written agreement to the contrary is obtained. Any project income retained by the AGENCY shall be for the sole purpose of future use for eligible HOME activities consistent with the scope and purpose of this project as established in this Agreement and the attached exhibits. Project income retained by the AGENCY shall be applied in accordance with federal requirements. The COUNTY makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. Co Should anticipated sources of revenue not become available to the COUNTY for use in l~he HOME Program, the COUNTY shall immediately notify the AGENCY -3- PART 1. Go Ho The attached exhibits as listed below are hereby incorporated in this agreement and made a part hereof: Exhibit A Project Description and Budget Exhibit B Individual Project Summary Exhibit C Section 3 of the Housing and Urban Development Act of 1968 Exhibit D Certification Exhibit E Declaration of Covenants and Restrictions In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. I. GENERAL CONDITIONS SCOPE OF AGREEMENT The Agreement between the parties shall consist of: the signature page; the general · conditions; the federal, state, and local program requirements; the evaluation and record keeping requirements; Attachment A; each and every project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement. SCOPE OF SERVICES The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the exhibit(s) attached hereto. In the case of multiple projects, each project shall correspond to a separate exhibit. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. COMMENCEMENT AND TERMINATION OF PROJECTS Xo Upon release of project related funds by H.U.D. pursuant to federal regulations, the COUNTY shall furnish the AGENCY with written notice to proceed. No work on the project shall occur prior to the notice to proceed without written approval from the COUNTY. Termination dates for individual projects shall be specified in the Appropriate exhibits. The termination date may be changed through amendment of this Agreement. In general, a project is expected to be completed within 24 months from the date which the Agreement is executed. Projects which do not show substantial progress within the time span specified in the application may be terminated at the sole discretion of the COUNTY upon 30 days written notice to the AGENCY. C° If a project is for rehabilitation or new construction, the written agreement executed by the AGENCY must provide that construction shall begin within six months of execution of the agreement. If a project is for acquisition, the agreement must provide for purchase within six months of execution, and must further provide that the owner will transfer title within that period. -2- o 10. in writing and the COUNTY will be released from a~l liability for that portion of the Agreement covered by funds not received by the COUNTY. AMENDMENTS Either party may request modifications in the scope of services, terms, or conditions of this Agreement. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. ASSIGNMENT AND SUBCONTRACTING Ao The AGENCY shall not assign any portion of this Agreement without the written consent of the COUNTY, and it is further agreed that said consent must be sought by the AGENCY not less than fifteen (1 5) days prior to the date of any proposed assignment. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The AGENCY agrees that it is as fully responsible to the COUNTY for the acts and omissions of its subcontractors and of their employees as agents, as it is for the acts and omissions of its own employees and agents. HOLD HARMLESS AND INDEMNIFICATION The AGENCY further agrees that it is financially responsible (liable) for any audit exception which occurs due to its negligence or failure to comply with the terms of this Agreement. The AGENCY, if a unit of local government, and COUNTY mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses, or damage resulting from the acts or omissions of their respective officers, agents, and employees relating to activities conducted by either under this Agreement, the Act, or the Regulations, up to any applicable statutory limits of tort liability. The AGENCY, if not a unit of local government, agrees to indemnify and hold harmless the COUNTY from any claims, losses, costs, expenses, or damages resulting from the acts or omissions of the AGENCY's officers, agents, and employees relating to the performance of this Agreement. -4- 1 1. INSURANCE AGENCY, if not a unit of local government, shall secure following insurance coverage and comply with all provisions noted. AGENCY shall assure that any subcontractor providing services under this contract carry like coverage. 1. Comprehensive General Liability Insurance a) Minimum Limits Bodily Injury and Property Damage ~ 750,000 per occurrence 1,000,000 aggregate b) The following coverage must be specifically insured and certified with no internal subtimits c) 1) Premises and operations. 2) Independent Contractor's Contingent Liability or Owner's Protective Liability 3) Products/Completed Operations (if applicable) 4) Products/contractual liability coverage written to specifically cover this contract or on a blanket basis 5) "X,C,U" Hazard Liability (if applicable) 6) Personal injury liability including claims related to employment and coverage a through c 7) Broad form property damage liability, or deletion of the "care, custody, and control exclusion" 8) Aircraft liability (if applicable) 9) Watercraft liability (if applicable) The County of Anoka, its officials and employees shall be added as additional insureds with a cross liability endorsement. The policy is to be written on an occurrence basis or as acceptable to the County's Director of Risk Management. 2. Automobile Liability Insurance a) Minimum Limits $ 750,000 combined single limit b) Coverage shall include: hired, non-owned, and owned auto 3. Workers' Compensation Minimum Limits per state statute Employer's Liability Minimum Limits: $ 500,000 per accident Policy shall include an All States endorsement -5- 12. 4. Professional Liability Insurance Minimum Limits $ 750,000 per occurrence $1,000,000 aggregate Fidelity Bond (covering employees having access to money) in an amount to be determined by the County Risk Manager. B. License as Required A program of self-funded insurance covering the above will be considered by the COUNTY in lieu of commercial coverage. Such approval shall be at the sole discretion of the County Risk Manager. Limits of liability of any municipality that meet the statutory limits as defined in MINN. STAT. §466.04 are acceptable. Do The AGENCY shall not commence this project until it has obtained required insurance and filed an acceptable certificate of insurance with the COUNTY. All insurance policies shall be submitted to the COUNTY upon request. Bo All certificate of insurance shall provide that the insurance company shall give the COUNTY thirty (30) days prior written notice of cancellation, non-renewal, or any material changes in the policy. Paragraphs A-1 through A-5 establish minimum insurance requirements and it is the sole responsibility of the AGENCY to purchase and maintain additional insurance that may be necessary in connection with this contract. Go Certificate shall specifically indicate if policy is written with an admitted or non- admitted carrier. Best's rating for the insurer shall be noted on the certificate and shall not be less than a B+. Nothing in this contract shall constitute a waiver by the COUNTY of any statutory limits or exceptions on liability. On certificate, agent shall certify whether or not errors and omissions coverage is carried. CONFLICT OF INTEREST Interest of Officer. Emolovees. or Agents. No officer, employee, or agent of the AGENCY who exercises any functions or responsibilities in connection with the planning and carrying out of the HOME Program, or any other person who exercises any functions or responsibilities in connection with the program, shall have any personal financial interest, direct or indirect, in this Agreement, and the AGENCY shall take appropriate steps to assure compliance. Interest of Subcontractor Cnd Their Emotovees. The AGENCY agrees that it will incorporate into every subcontract required to. be in writing and made pursuant to this Agreement the following provisions: -6- 13. The contractor covenants that no person who presently exercises any functions or responsibilities in connection with the HOME Program, has any financial interest, direct or indirect, in this contract. The contractor further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The contractor further covenants that in the performance of this contract no person having any conflicting interest shall be employed. Any interest on the part of the contractor or its employees must be disclosed to the AGENCY and the COUNTY. TERMINATION This Agreement is subject to termination upon thirty (30) days written notice by the COUNTY should: 1) The AGENCY mismanage or make improper or unlawful use of Agreement funds; 2) The AGENCY fail to comply with the terms and conditions expressed herein or the applicable federal, state, or county regulations and directives; 3) The AGENCY fail to provide work or services expressed by this Agreement; or 4) The AGENCY fait to submit reports or submit incomplete or inaccurate reports in any material respect. This Agreement may be terminated by the COUNTY immediately upon the receipt by the COUNTY~of notice of the toss of federal funding for the HOME Program or any project of the AGENCY. This Agreement is subject to termination upon thirty (30) days written notice by the AGENCY should: 1) The COUNTY fail in its commitment under this Agreement to provide funding for services rendered, as herein provided; or 2) HOME Funds become no longer available from the federal government or through the COUNTY. This Agreement may be terminated by the parties, in whole or in part, under such terms and conditions as they may agree, subject to the provisions of paragraphs A, B, and C herein. Otherwise, this Agreement shall terminate on the latest termination date specified on the exhibit(s) attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement. -7- 14. Fo Upon termination of this Agreement, any unexpende, d balance of Agreement funds shall remain in the County HOME Investment Trust Fund. In the event that termination occurs under paragraph A(1) of this section, the AGENCY shall return to the COUNTY all funds which were expended in violation of the terms of this Agreement. REPAYMENT OF INVESTMENT In accordance with 24 CFR §92.503, any repayment of HOME funds (including repayment required if the housing no longer qualifies as affordable housing), and any payment of interest or other return on the investment of HOME funds, shall be deposited in the County's HOME Investment Trust Fund. When a project is funded with HOME funds and funds from other sources, the amount that shall be deposited in the County's HOME Investment Trust Fund shall be an amount equal to a fraction of the repayment, interest or other return received by the Agency, where the numerator of the fraction is the HQME funds invested in the project and the denominator is the initial cost of the project (including the HOME funds invested in the project). HOME funds include the HOME grant and the Agency's dedicated match. Where an Agency has an ongoing project for which it received approval from the County to establish a revolving fund, the repayment, interest or other return shall be deposited in the County's HOME Investment Trust Fund. In such case the County will reserve the Agency's contribution to the fund for continuing use on the designated project. If the project should be completed and/or terminated, the reservation of funds for the Agency shall be canceled for any balance remaining. Such balance will then become part of the general HOME budget available for other activities as designated and determined by the County. PART I1. FEDERAL AND LOCAL PROGRAM REQUIREMENTS 1. PROGRAM ADMINISTRATION The AGENCY shall comply with the applicable uniform administrative requirements established at 24 C.F.R.§ 92.505. 2. PROCUREMENT STANDARDS Ac General. In awarding contracts pursuant to this Agreement, the AGENCY shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to, procedures for competitive bidding, contractor's bonds, and retained percentages. In addition, the AGENCY shall comply with the requirements of the U.S. Office of Management and Budget Circular A-122, relating to bonding, insurance, and procurement standards, and with Executive Order 1t246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations, 41 C.F.R. Part 60, regarding nondiscrimination bid conditions for projects over Ten Thousand and no/100 ($10,000.00) Dollars. Where federal standards differ from local or state standards, the stricter standards shall apply. The federal standard of Ten Thousand and no/100 (810,000.00) Dollars for competitive bidding shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten Thousand and no/100 ($10,000.00) Dollars. Construction. All contracts and subgrants for construction or repair shall include a provision for compliance with the Copetand "Anti-Kickback" Act, 18 U.S.C. § 874, as amended, and as supplemented in Department of Labor regulations, 29 C.F.R. part 3. This Act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person, employed in the construction, completion, or repair of public work, to give up any part of the compensation to which the person is otherwise entitled. Co D~bsrment and Susoension. As required by 24 C.F.R. Part 24, the AGENCY must require participants in lower tier covered transactions to include the certification in Appendix B of 24 C.F.R. Part 24 in any proposal submitted in connection with the lower tier transactions. ENVIRONMENTAL REVIEW National EnvirQnm~ntal Policy Act. The COUNTY retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by H.U.D Environmental Review Procedure (29C.F.R. Parts 50 and 58). The COUNTY may require the AGENCY to furnish data, information, and assistance for the COUNTY's review and assessment in determining whether an Environmental Impact Statement must be prepared. Bo State Environmental Policy Act. Agencies which are branches of government under Minnesota law retain responsibility for fulfilling the requirements of the state law regarding environmental policy and conservation, and regulations and ordinances adopted thereunder. If the agency is not a branch of government under Minnesota law, the COUNTY may require the AGENCY to furnish data, information, and assistance as necessary to enable the County to comply with the State Environmental Policy Act. Co $stisfaction of Environmental Reauirements. Project execution under this Agreement by either the COUNTY or the AGENCY shall not proceed until all applicable requirements of the National and State Environmental Policy Acts have been satisfied. The COUNTY will not issue a written notice to proceed until all such requirements are met. NON-DISCRIMINATION Ac General. The AGENCY shall comply with all federal, state, and local laws prohibiting discrimination on the basis of age, sex, sexual orientation, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap, or any other basis nor or hereafter prohibited by law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974, as amended; Civil Rights ct of 1964, Title VI, as amended; Civil Rights ct of 1968, Title Vtll, as amended; Executive Order 11063, as amended; Executive Order 11246, as amended, Section 3 of the Housing and Urban Development Act of 1967, as amended: and §504 of the Rehabilitation Act of 1973, as amended, and implementing regulations at 24 C.F.R. Part 8. -9- Bo Specifically, the AGENCY shall comply with the requirements of 24 C.F.R. §92.350. Fair Housing. The AGENCY shall take necessary and appropriate actions to affirmatively further fair housing. Actions enumerated at 24 C.F.R. §570.904(c) will satisfy this requirement. Employment. 1) In all solicitations under this Agreement, the AGENCY shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. 2) The AGENCY shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (Executive Order 11246 as amended.) 3) To the greatest extent feasible, the AGENCY shall provide training and employment opportunities for lower income residents within the area served by HOME projects in accordance with the requirements of the Ramsey County Section 3 Plan. As appropriate, the Section 3 Clause, a copy of which is attached hereto as Attachment A and made a part hereof, shall be included in contracts between the AGENCY and contractors and subcontractors, o Contractors and Suoolier8 1) No contractor, subcontractor, union, or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment, or labor on the basis of age, sex, sexual orientation, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap. Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended.) 2) All firms and organizations described above shall be required to submit to the AGENCY certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided, that certificates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10,000. 3) To the greatest extent feasible, the AGENCY shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by the HOME Program br owned in substantial part by project area residents. -10- o Pursuant to the provision of 24 C.F.R. §92-354, for any Project for the construction (rehabilitation or new construction) of affordable housing with 12 or more units assisted with HOME funds, the AGENCY shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the David-Bacon Act, as amended (40 U.S.C. §276a-5). Such contracts are also subject to the overtime provisions, as apphcable, of the Contract Work Hours and Safety Standards Act, 40 U.S.C. § §327-332. REPAYMENT HOME funds must be repaid to the COUNTY's HOME Investment Trust Fund: (i) ifthe funds are spent on a project that is terminated before completion; (ii) if housing assisted with the funds does meet the affordabiiity requirements for the period specified in 24 C.F.R. §92-252 or §92-254; or (iii) if the housing ceases to qualify as affordable before the period of affordability expires. HOUSING QUALITY STANDARDS Housing that is assisted with HOME funds must, at a minimum, meet the housing quality standards of 24 C.F.R. §882.109. In addition, housing that is newly constructed or substantially rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances. The AGENCY must have written standards for rehabilitation. Newly constructed housing must meet the current edition of the Model Energy Code published by the Council of American Building Officials. Substantially rehabilitated housing must meet the cost-effective energy conservation and effectiveness standards in 24 C.F.R. part 39. Housing for home ownership that is to be rehabilitated after transfer of the ownership interest must be free from any defects that pose a danger to health or safety before transfer of the ownership interest, and must meet the applicable property standards not later than two years after the transfer. AFFIRMATIVE MARKETING The AGENCY must adopt affirmative marketing procedures and requirements for HOME Assisted housing containing five or more housing units. Such steps consist of actions to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market area to the available housing. Minimum program requirements and procedures are set forth at 24C.F.R. §92.351(b). The AGENCY must assess annually the affirmative marketing program to determine its effectiveness and take any necessary corrective actions. PROJECT Ao For purposes of this agreement "Project" means a site or an entire building, or two or more buildings, together with the site or sites upon which the building or buildings are located, that are under common ownership, management, and financing, and are to be assisted with HOME Funds, under a commitment by the owner. It includes all the activities associated with the site and building. If there is more than one site associated with a project, the sites must be within a four block area. -11- 10. 11. 12. Housing that accounts for less than one hundred percent of the dwelling units in a project qualifies as affordable housing if it meets the affordabitity criteria set established at 24 C.F.R. §92.252 or §92.254. Each building in the project must contain housing that meets these standards. Co Housing in a project that is designed in part for uses other than residential use qualifies as affordable housing if it meets the criteria of 24 C.F.R. §92.252 or §92.254. A project that contains, in addition to dwelling units, laundry and community facilities for the exclusive use of the project residents and their guests does not constitute a project that is designed in part for uses other than residential. Residential living space must constitute at least fifty-one percent of the project space. Each building in the project must contain residential living space. AFFORDABILITY Affordable Housing. HOME Funds shall be used only for Projects which provide affordable housing for persons of low or very Iow income families. To qualify as "affordable housing," the Project must meet and the AGENCY shall comply with the terms of requirements contained in 24 C.F.R. §92.252 and §92.254. The affordability requirement must be memorialized by appropriate deed restrictions for the duration of the period of affordabitity. B. Annual Review. Maximum rents and utility allowances permitted hereunder must be reviewed and approved by the COUNTY. The Project owner shall re-examine the income of each tenant household living in Iow income units at least annually. The maximum monthly rental must be recalculated and approved by the COUNTY annually. Any resulting increase in rent for lower income units is subject to the provision of outstanding leases and, in any event, tenants shall be given not less than thirty days prior written notice of any increase. TENANT PROTECTION The lease between a tenant and an owner of rental housing assisted with Home funds must be for not less than one year, unless by express mutual agreement between the tenant and the owner,.and may not contain any of the provisions enumerated at 24 C.F.R. §92.253. An owner of rental housing assisted with HOME funds must maintain the premises in compliance with all applicable housing quality standards and local building requirements and comply with the tenant's selection procedures as enumerated and as provided for in 24 C.F.R. §92-253, and all other provisions contained therein. PROPERTY MANAGEMENT Ao The AGENCY agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of $5,000 or more per item for units of local government, and $300 or more per item for non-profit organizations, is, upon its purchase or receipt, the property of the COUNTY and/or federal government. Final ownership and disposition of such property shall be determined under the provision of 24 C.F.F §85.32 for local units of government and O.M.B. Circular A-110 for nonprofit organizations. 12- 13. 14. Bo The AGENCY shall be responsible for all such property, including its care and maintenance. Co The AGENCY shall admit the COUNTY's property management officer to the AGENCY's premises for the purpose of marking such property, as appropriate, with COUNTY property tags. Do The AGENCY shall meet the following procedural requirements for all such property: 1) Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of HOME used in the purchase of property; and location, use, and condition of the property. 2) A physical inventory of property shall be taken and the results reconciled with the property records at least once every two (2) years to verify the existence, current utilization, and continued need for the property. 3) A control system shall be in effect to insure adequate safeguards to prevent toss, damage, or theft to the property,. Any loss, damage, or theft of the property shall be investigated and fully documented. 4) Adequate maintenance procedure shall be implemented to keep the property in good condition. ACQUISITION AND RELOCATION The AGENCY must ensure that it has taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, non-profit organizations, and farms) as a result of a project assisted with HOME funds in accordance with 24 C.F.R. §92.353. Specifically, the AGENCY must comply with the following requirements: Ac Any acquisition of real property for any activity assisted under this Agreement shall comply with Title II1 of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act), 42 U.S.C. § § 4201-4655 and the Regulations at 24 C.F.R. Part 42 and 49 C.F.R. Part 24. Bo Any displacement of persons, businesses, non-profit organizations, or farms occurring as the result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act and the Regulations at 24 C.F.R. Part 42. The AGENCY shall comply with the regulations pertaining to costs of relocation and written policies, as specified by 24 C.F.R. Section 570.602(c) and (d). HISTORIC PRESERVATION The AGENCY shall meet the historic preservation requirements of Public Law 89-665 and the Archaeological and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on -13- 15. 16. 17. lB. 19. 20. Historic Preservation in the Regulation at 36 C.F.R. Part 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to the requirements of 24 C.F.R. Part 58. ARCHITECTURAL BARRIERS Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 U.S.C. Section 4151 et. seq. and 24 CFR § 4,3, et. seq.). NON-PARTICIPATION IN POLITICAL ACTIVITIES The AGENCY shall comply with the provision of the Hatch Act (5 U.S.C. Ch. 15). CONDITIONS FOR RELIGIOUS ORGANIZATIONS HOME funds may not be provided to primarily religious organizations, such as churches, for any activity including secular activities. In addition, HOME Funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. However, HOME funds may be used in accordance with 24 C.F.R. §92.257. NATIONAL FLOOD INSURANCE The AGENCY may not receive HOME funds for acquisition or construction in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance program, as provided by Section 3(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234) and the Regulations thereunder (24 C.F.R. Ch. X, subchap. B). AIR AND WATER POLLUTION The AGENCY shall comply with the provisions of the Clean Air Act, as amended (42 U.S.C. Section 1857 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Sections 1251, et seq.) and the regulations issued thereunder (40 C.F.R. Part 15). LEAD-BASED PAINT POISONING The AGENCY shall comply with the H.U.D. Lead-Based Paint Regulations (24 C.F.R. Part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sections 4831 et seq.) requiring prohibition of the use of lead-based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures); elimination of immediate lead- based paint hazards in residential structures; and notification of the hazards of lead- based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978. 22. 23. 24. 2_5. 2.6. NON-$t)~$Tt'rLiTION FOR LOCAL FUNDING The HoME funding made available under this Agreement shall not be utilized by the AGENCY to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. PUBLIC OWNERSHIP For agencies which are not municipal corporations organized under the laws of the State of Minnesota, it may become necessary to grant the COUNTY a property interest where the subject project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly owned facilities and improvements. The AGENCY shall comply with current COUNTY policy regarding transfer of a property interest sufficient to meet the public ownership requirement. PUBLIC INFORMATION If requested by the COUNTY, the AGENCY shall comply with the following: In all news releases and other public notices related to projects funded under this Agreement, the AGENCY shall include information identifying the source of funds as the Anoka County HOME Program. For all construction projects, the AGENCY shall erect a sign to COUNTY specifications at the construction site, identifying the source of funds. REVERSION OF ASSETS The AGENCY shall transfer to the COUNTY any HOME funds, including but not limited to project income, on hand at the time of expiration of this Agreement, or received thereafter, and any accounts receivable attributable to the use of HOME funds. PROHIBITED USE OF EXCESSIVE FORCE The AGENCY, if a unit of government, certifies by the execution of this Agreement that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. (Pub. Law No. 101-104, § 519.) LOBBYING PROHIBITION The AGENCY certifies by the execution of this Agreement that it has adopted and is enforcing the following as required by Pub. Law No. 101-121, § 319: 1) No federal appropriated funds have been paid or will be paid by, or on behalf of, the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, -15- PART I!!. 1. o renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The AGENCY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. EVALUATION AND RECORD KEEPING EVALUATION The AGENCY agrees to participate with the COUNTY in any evaluation project or performance report, as designated by the COUNTY or the appropriate federal agency, and to make available all information required by any such evaluation process. AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this contract shall be subject at all times to inspection, review or audit by the COUNTY, federal or state officials so authorized by law during the performance of this contract during the period of retention specified in this Part III. Pursuant to 24 C.F.R. § 92.506, the AGENCY, regardless of the amount of HOME funds received from the COUNTY, shall obtain at its own expense an annual certified financial and compliance audit made in accordance with 24 C.F.R. Part 44 and OMB Circular A- 133. All audits shail be submitted to the COUNTY within six months of the close of the AGENCY's fiscal year and shall be prepared by an independent auditor who meets the independence standards specified in the General Accounting Office's yellow book, "Government Auditing Standards." The AGENCY shall submit a copy of the annual financial audited statements with the management compliance letter as such letter pertains to the Project in which HOME funds are utilized. Such audit statements shall be submitted to the Director of Community Development within six months of the end of the AGENCY's fiscal year. RECORDS The AGENCY must maintain sufficient records to enable H.U.D. to determine compliance with the requirements of the 24 C.F.R. Part 92. Records must be kept in a manner that -16- ~d,~t~s t~ so~c~ of ~r~ds of each project (e.g. allocation and reallocation identified by federal fiscal year appropriation and funds in the local amount of the HOME Investment Trust Fund). At a minimum, the AGENCY must maintain the records required by 24 C.F.R. §§ 92.508(a)(3), (4), (5). RETENTION OF RECORDS Required records shall be retained for a period of three (3) years after closeout of HOME fund, except that records relating to litigation, the duration of affordability, and displacement and acquisition must be maintained in accordance with 24 C.F.R. § 92.508(c). REPORTS The AGENCY shall submit reports as required by the COUNTY on a monthly and annual basis and also prior to project execution. COUNTY AGENCY Maureen Devine Governmental Services Division Manager (Signature) Date: Approved as to form: Assistant Anoka County Attorney This Agreement drafted by: Anoka County Attorney's Office Anoka County Government Center 2100 Third Avenue Anoka, Minnesota 55303 Name (Typed) Title Date: (Signature) Name (Typed) i:\cdbg\contract\home.mas Title Date: -17- EXHIBIT A PROJECT DESCRIPTION AND BUDGET Amount of HOME funds provided by Anoka County for the program year beginning in 1998 to City of Columbie Heights for: Acauisition of Substandard HQgsing $70,000.00 A description of goods and/or services to be provided by the above-named organization with the assistance of the HOME funds and the target population to be served: #$07 Columbia Heights Acquisition of Substandard Housing The City of Columbia Heights has created a Housing Redevelopment Tax Increment Financing District (HRTIFD), consisting of 56 scattered sites throughout the City. The purpose of this district is to remove substandard dilapidated homes and replace them with newer homes. These sites will be prioritized and two will be selected for improvement utilizing the 1998 HOME Program funds. Budget $70,000.00 Columbia Heights will provide a non-Federal match of at least $17,500.00, in compliance with the HOME program's 25% non-federal match requirement. Additional details on the Individual Project Summary attached as Exhibit B. Liaison per Section 4: (typed) ~1~ H¢llmCn Authorized to sign vouchers & reports per Section 4: Project to be completed by: t July 1, 2000 CDBG-69 Exhibit !,9~8 I:IOMZE INDIVIDU*L PRO,ri;CT SUM_WDU~Y Sponsor: Ckv of Columbia Hci~h~ Is rh~ Sl~nsor · CHDO? No Project De~rlptlon - Include · brlef title ti.st can be u.~d. The Cky of Columbia Hefi$~'~ has cr~r_~ a Housing Rczic~lopmzmt Tax Iacr~ Financing Dis~ria (I-EK'I-iFD), ¢cn~isZin8 of 56 ~ sires thr~t ~c City. Thc purpo~ oftt'd~ distri~ is to i~r, ov¢ ~bs~mada.,xt ~lapida~ed homes and replace them with now~ horne~. ~ ~i~'~ will bc priontizeci ~xi 2 will be ~elcc~ for improvemern utilizing ti~ 1~9S HOM'~ Program fun~. Project Address: this 2mc How w~ need identified (st~eh a~y doeumefrtaifion)~. Atthe rm:tuesl ffthe Ec. omxnic l~evetogment Authority, s~a.ffide~ 36 slt~ a.s b~irt~ i~ poor e.x:~iki~rn and.pia~:~! Ih~ si*as on a Housing ~iogmant Tax ~t Financi~ Districz. Censu~ Tract: Project Type: X A~uisific~ __$ubsmz:~ !~m~bilit~c~ Oth~ R.zhabilimtio,a Nvw Cvns~ Budget: , Total $87.50{) HOI~E $70.(K~0 Tmam-Ba.~ ~ .~s~ista~ce loan or ~va.noe Other (Crive amouazs by soarze): $17,500 Mar. ah Totsl Number of Unlef by Bedroom Size: Total # Fersons or Households Served: R~t~ or Ov. mer.-~c~tpied: E~ddence of site comTol: Se~,,,,dute for Project ComplY. ion: unkaowa u :his ~ s~ All~ehrnc~: 3 of HOME Program Project December, 1~ SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1965 Exhibit C Housing and Urban Development regulations implementing Section 3 of the Housing and Urban Development Act of 1968 require that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. As evidence of Compliance, the undersigned certifies that he/she will: (1) take affirmative steps to hire and train lower income residents of the project area, and (2) solicit the participation of businesses located in or owned substantially by persons residing in the area of the project, (3) maintain records and documentation of activities carried out for (1) and (2) above for periodic review by HUD officials to determine compliance. Signed Title Contractor or Developer Date CERTIFICATION Exhibit D The Undersigned, on behalf of the Agency, certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a 'Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1332, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not tess than ~10,000 and not more than ~100,000 for each such failure. AGENCY By: 7. By: 'i Its: Its: Date: Date: Exhibit E DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION is made as of the day of , 1998, by the City of COLUMBIA HEIGHTS, Minnesota, a municipal corporation under the laws of Minnesota (COLUMBIA HEIGHTS). WITNESSETH WHEREAS, COLUMBIA HEIGHTS intends to acquire the Property legally described on Exhibit A attached (the "PROPERTY"); and WHEREAS, COLUMBIA HEIGHTS intends to (the "HOME UNITS"), on the PROPERTY; and WHEREAS, COLUMBIA HEIGHTS has applied to the Anoka County Housing and Redevelopment Authority (the "AUTHORITY") for a grant in the amount of $ (the "GRANT") the proceeds of which are to be used to finance COLUMBIA HEIGHTS' acquisition of the PROPERTY; and WHEREAS, in order to satisfy the requirements of the HOME Investment Partnership Act, Title 1t of the Cranston-Gonzatez National Affordable Housing Act, Pub. Law No. 101-625, 42 1 Exhibit E U.S.C. Section 12701 et seq., and applicable regulations (the "ACT"), and to enable the AUTHORITY to make the GRANT, COLUMBIA HEIGHTS does hereby make this Declaration of Covenants and Restrictions. NOW, THEREFORE, COLUMBIA HEIGHTS does hereby impose upon the PROPERTY the following covenants and restrictions which shall be covenants running with the land and shall be binding upon COLUMBIA HEIGHTS, its successors and assigns, and shall inure solely to the benefit of the AUTHORITY: 1. COLUMBIA HEIGHTS represents, covenants and agrees to take such steps and execute such documents to insure that each HOME UNIT shall be maintained in compliance with the affordability requirements specified in 24 CFR §§ 92.254 for a period of not less than 20 years from the date hereof. To that end, COLUMBIA HEIGHTS hereby represents, covenants and agrees as follows: a. Insure that the HOME UNITS will be the principal residence of an owner whose family qualifies as a "Iow income family" as defined in 24 C.F.R. § 92.2, at the time of purchase. b. For a period of 20 years from the date hereof make the HOME UNITS available for subsequent purchase only to subsequent purchasers whose family qualifies as a "low income family" which will use the HOME UNIT as its principal residence. c. These affordability restrictions terminate upon the occurrence of any of the following termination events: foreclosure, transfer in lieu of foreclosure, or assignment of an FHA insured mortgage to HUD. The affordability restrictions shall be revived according to their original terms if, during the original affordability period, the owner of record before the termination event, or any entity that includes the former owner or those with whom the former owner has had family or business ties, obtains an ownership interest in the PROPERTY. 2 Exhibit E 2. In the event that COLUMBIA HEIGHTS, its successors or assigns, shall default in its performance or observance of any covenant, agreement or restriction set forth herein and such default shall remain uncured for a period of thirty (30) days after notice thereof shall have been given by the AUTHORITY to COLUMBIA HEIGHTS its successors or assigns, then in such case, (i) the AUTHORITY may institute and prosecute any proceeding at law or in equity to abate, prevent or enjoin any such violations; (ii) the AUTHORITY may require COLUMBIA HEIGHTS, its successors or assigns, to demonstrate to the satisfaction of the AUTHORITY that any default has been corrected and the AUTHORITY may take any action reasonably necessary to investigate and substantiate the existence or correction of the default, or (iii) the AUTHORITY may seek specific performance of the covenants and restrictions contained herein. COLUMBIA HEIGHTS, its successors or assigns, hereby agrees to pay, indemnify and hold the AUTHORITY harmless from any and all costs and expenses, including reasonable attorney's fees, actually incurred in any such action for specific performance hereof following a default hereunder if the AUTHORITY should prevail. IN WITNESS WHEREOF, COLUMBIA HEIGHTS caused this declaration to be executed by its duty authorized representatives, as of the day and year first written above~ CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant, Mayor By: Walter Fehst, City Manager 3 Exhibit E STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by Joseph Sturdevant, Mayor, and Walter Fehst, City Manager, for and on behalf of the City of Columbia Heights, Minnesota, for and on behalf of said Corporation. Notary This instrument was drafted by: Anoka County Attorney's Office 2100 3rd Avenue North Anoka, MN 55303 This instrument is exempt from registration tax and from recording fees under Section 386.77 of Minnesota Statutes. 4 Exhibit E EXHIBIT A LEGAL DESCRIPTION CITY COUNCIL LETTER Meeting of: September 14, 1998 AGENDA SECTION: Consent ORIGINATING DEPT: CITY Administration MANAGER'S .t NO. ~ W. Fehst APPROVAL Review of Adopted Goals and BY: J. Student BY:~~~_ _~ ITEM: Six Month Objectives g~/,, ~ DATE: 9-10-98 DATE: At the September 8th Council Work Session, the six month review of adopted goals and objectives were discussed. The City Manager was given direction as to these goals and obi ectives which were to be brought back to the September 14, t998 Council Meeting for adoption. MOTION: Move to adopt and place on file the six month review of adopted goals and objectives from the March Workshop as noted in the memo dated September 3, 1998 from the City Manager. COLrNCIL ACTION: TO: FROM: DATE: MAYOR AND CITY COUNCIL CITY MANAGER SEPTEMBER 3, 1998 SIX MONTH REVIEW OF ADOPTED GOALS AND OBJECTIVES FROM MARCH WORKSHOP The status of all ten of the adopted goals from the March workshop are attached. We broke the goals down into the proposed action steps and assigned these action steps to specific division head(s). Additionally, all of the individual goals were assigned to one key staff coordinator to oversee the progess and coordination needed with other departments. This report represents a summary of those views. Recommendation That the City Council review the stares of the various action steps and goals and place the report on file. wf/js CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: WALT FEHST, CITY MANAGER LINDA L. M_AGEE, ASSISTANT TO THE CITY MANA~ SEPTEMBER 3, 1998 STATUS OF GOALS Per your request at the August 31, 1998, staff meeting and our follow up discussion, listed below is the status of the goals assigned to the Administration Department. GOAL 1: - INTERNAL TO IMPROVE OVERALL COMMUNICATION AND TEAMWORK OF THE COUNCIL AND PROFESSIONAL STAFF. ACTION STEPS: Consider Annual Retreat For Team Building And Goal Development And Assessment. Monies were included in the 1999 department proposed budget for a facilitator for a goal setting retreat. Specifically, $2,000 was budgeted in the Mayor/Council budget for this purpose. B. Consider Team Building Exercises Within Each Department. Bill Hudson of Brass Tacks Network, conducted and completed team building exercises within the Community Development Department. Arrangements have been made to utilize his services in the Fire Department, as well, in order to address the working relationships within the Fire Department, and to restore relationships to healthy and productive work interactions. Determine a Feasible Way to Ensure Staff Awareness of Council and Division Head Staff.Meetings (i.e., To Include Information to All Employees). Each Division Head has regular staff meetings with the various levels of their employees. The City Manager attempts to attend at least one of these meetings each quarter. The "green sheet" is disseminated consistently to all Division Heads and is posted for employee review. Furthermore, the "green sheet" is printed to LaserFiche for access by employees. The administrative summaries will soon be printed to LaserFiche as well. Establish Committee to Consider Ways to Empower Additional Employee Input to Decision Making Process. Although one overall committee has not been established for this particular action step, there is a Labor Management Committee operating within the Public Works Department which provides an organized forum for employees to provide input to issues affecting the work place. Furthermore, the Fire Department is interested in exploring the concept of a Labor Management Committee, as well. Exploration of this will be delayed until the conclusion of team building. Establish Protocol to Guide Communications. This action step is still being explored. GOAL 2: - INTERNAL TO ESTABLISH A TWO TO THREE YEAR GOALS PROGRAM (WORKING INTERDEPENDENTLY WITH COUNCIL & STAFF) ACTION STEPS: A. Assessment of Where We Are - Challenges Facing The City -Now And In The Future. The ten goals have been incorporated into departmental strategic plans, and action steps have been assigned to each division. B. Establish Goals And Prioritize Goals With Target Dates. Goals are established. Target dates are periodically reviewed and adjusted, as necessary. C. Assign Responsibility To Achieve Goals. City Manager continues to meet with all division heads, as necessary, to assess progress toward goals. D. Develop Department Strategic Plan. The results of the goal setting retreat, Minnesota Design Team visit, and input from the public have helped to formulate departmental goals. These items, together with day-to-day concerns and issues, are addressed and implemented within budgetary guidelines and restraints. E. Annually Assess Progress. To be completed by the date of the next Goals Retreat session. If you have any questions, please contact me. cb COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Walt Fehst, City Manager Thomas M. Johnson, Chief of Polic~ ~ Goals and Objectives Update September 1, 1998 As requested by you, what follows is an update of the Police Department involvement toward obtaining goals and objectives set in March 1998. Internal Goals ~--'~,, ~' · :· ~5 1. The need to improve overall communications and teamwork between the Council members and staff. This goal has been met and improved upon over the last several months. Imernally, the department currently holds monthly meetings in the following areas: community oriented policing, sergeants (supervisors) meeting and civilian meeting. We also have department meetings every other month. These meetings are open to any member of the Council. The Mayor and/or City Manager fi:equently join us at these meetings. We have also started posting the results of all Council meetings on our squad room bulletin board and the weekly green sheet is circulated to all members of the department. The need to develop a two-three year goals program for the city (Council and staff working interdependently). The Police Department goals for the coming two to three years are staying consistent in the direction of community policing. We continue to interact w/th the public through our schools, (D.A.R.E. program, D.A.R.E. Jr. High program and School Liaison Officer), with the property owners through our landlord training program, with the community through our neighborhood picnic program and National Night Out. We also attempt to complete one winter program involving our neighborhood block captains. All of these programs are very well received by the community and the city. 3. The need to update the city's five-year capital improvement program. The CIP program has been somewhat of a point of confusion for the Police Depart_mem. As I stated to you and Bill Elrite at our budget review meeting, Kevin Hansen wanted me to include items such as our squads in this program. I advised him that it was my understanding that items such as our squad cars were covered in the capital equipment budget and therefore did not need to be covered in the CIP. When I brought this to your attention at the budget meeting, you concurred and stated that you were going to talk to Kevin about this. It seems to me that there should be a dollar amount set on these items and a definition of what a CIP is. At this time I have not turned anything in to Kevin Hansen reference CIP. Goals and Objectives Update Page 2 September 1, 1998 o The need to promote the city in a positive way. Everything that the Police Department does is an attempt to promote the city in a positive way. The neighborhood picnics, National Night Out, landlord training, D.A.R.E., speed monitor and speed trailer, talks to civic organizations, the appearance of our officers and the equipment they use, and the new design on the squad cars are all attempts to give Columbia Heights a unique and positive identity. The need to improve two-way communications with the public. The Columbia Heights Police Department is continuously trying to improve on our communication with the public. Our neighborhood picnics, National Night Out, participation in the City open house, landlord training program, and our D.A.R.E. graduations give the public the opportunity to meet officers in a positive setting. It gives people a chance to talk to officers about the issues in their neighborhood and to find out what we as a police department are doing to address these issues. We also have a crime flyer program used when we have a rash of crime in any one area. Through our neighborhood block captains and via the Explorers and youth with community service time to serve, we flyer areas with relative information and numbers to call should they have information that may assist with capturing the offenders. We will continue to look for ways to improve on our communication skills within the community. External Goals Although we have not been given any direct responsibility for any of the external goals, we would be more than willing to assist with the brainstorming of any of these goals and the development of ways to obtain each and every goal listed. TMJ:mld 98-302 1-1"Y OF COLUMBIA HEIGHTS (l") PUBLIC LIBRARY 820 40Th AVENUE N.E., ColUmbia HEIgHT$~ MN $5421-3878 (612) 782-2805 TDD 782-2806 TO: FROM: SUBJECT: Watt Fehst, City Manager M. Rebecca Loader, Library Director Progress report on goals Board of Trustees Barbara Miller Chair Patricia Sowada Vice. Chair Richard Hubbard Secretary Nancy Hoium Member at large Donald Jolly Council Representative M. Rebecca Loader Library Director DATE: 8/31/98 Report to follow on the Library's involvement in the City goals program: Internal Goals Goal #1: The Library staff holds weekly staff meetings on Fridays at 9:30 a.m. Minutes are taken of items covered, updates are made for the Cable Channel, the following week calendar is planned, and reports are given on meetings attended by staff. Additional information on City-wide functions is presented. Staff prepares a Seasonal Plan incorporating departmental and individual goals. This plan is reviewed at the last staff meeting of each month and updated as needed. .G_0~_I ~_3.2~.A copy of the Library's 5-Year Plan (includes Capital Outlay and Capital Improvements) has been forwarded to Kevin Hansen, Public Works Director. This document is reviewed annually by the Library Board. Goal #4: See memos attached dated 8/4/98 and 8/17/98. THE CiTY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS PUBLIC LIBRARY 820 40th AVENUE N.E., COLUmbia HEighTS, MN 55421-3878 (612) 782-2805 TDD 782-2806 Walt Fehst, City Manager M. Rebecca Loader, Library Director Future planning for celebrations TO: FROM: SUBJECT: Board of Trustees Barbara Miller Chair Patdcia Sowada Vice-Chair Richard Hubbard Secretary Nancy Hoium Member at large Donald Jolly Council Representative M. Rebecca Loader Library Director DATE: August 4, 1998 At the Library Board of Trustees meeting on August 3, the Board started discussing the Library's 75th anniversary year, which will occur in 2003. Previously, the 50th anniversary was celebrated in 1978 with special events during the year and an open house in December, when the Library was actually founded. In 2003, the City wilt be 105 years old, and it might be the time to contact other agencies in Columbia Heights to celebrate their anniversaries (whatever they may be) in the same year with a combined event. I thought about the following groups as potential collaborators: Chamber, Women of Today, the churches, School District 13, Golden Age group, Ministerial Association. I would suggest that a citizen commission be set up, as was done for the Bicentennial celebration, and that at least one year be given to them to coordinate the event. Funds would need to be allocated and raised in advance so that they would know how much they could do. I do not know who coordinated the Bicentennial celebration, but there may be some records at City Hall. The Library would be interested in being a part of any combined event. C_.I-TY OF COLUMBIA HEIGHTS (:1'") PUBLIC LIB"A"Y 820 40TH AVENUe N.E., COLUMBIA HeighTS~ MN 55421-3878 (612) 782-2805 TDD 782-2806 TO: FROM: SUBJECT: Walt Fehst, City Manager M. Rebecca Loader, Library Director Progress report on goals program Board of Trustees Barbara Miller Chair Patdcia Sowada Vice-Chair Richard Hubbard Secretary Nancy Hoium Member at large Donald Jolly Council Representative M. Rebecca Loader Library Director DATE: August 17, 1998 In April of 1998, the City Council adopted goals based on a work session attended by the City Council and staff. These goals were divided into external and internal and were assigned to various staff members for follow-through. I was assigned to work on the internal goal of promoting the City in a positive way. One of the City's major obstacles has been its negative image amongst the citizenry. The Library has always tried to appeal to the positive side and in an effort to expand this to the general City, I have encouraged staff involvement in the Community. To date these are some of the outreach items the staff has tried: 1. Marsha and I were involved in the Minnesota Design Team visit. 2. The Library staffed two tables at the City open house in May. 3. The Library Board and staff participated in the Jamboree Parade. 4. I was recruited by the Anoka County Historical Society to represent Columbia Heights in an agency that is trying to get the southernmost City in the County to participate in County-wide programs. So far, Mayor Sturdevant was invited to participate in "Drums, Dreams, and History" on July 18 as a guest for the festivities, and my husband and I volunteered in the museum for their open house. We saw many Columbia Heights residents. 5. I worked at the Anoka County Fair in the Old Farmhouse on August 7. I talked to many people about the Historical Society and about the history of Columbia Heights. This is an "FYI" memo so that you are aware of staff outreach on behalf of the city. THE CItY OF' COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS Public Works Department TO: WALT FEHST CITY MANAGER FROM: SUBJECT: DATE: KEVIN HANSEN ~ PUBLIC WORKS DIRECTOR/CITY ENG STATUS REPORT ON CITY'S GOALS AND OBJECTIVES SEPTEMBER 3, 1998 Through a retreat held this past spring with City Council members and Division and Department Heads, specific goals and objectives were formulated and adopted by the Council. A status update on those goals and objectives assigned specifically to Public Works are as follows: Goal #3: To Develop a Five Year Capital Improvement Program -- -~ b,'q-ev v. cc l' 1. Objective: Review and adjust current plan through the year 2003. Through this summer, Public Works has been updating the capital improvements for the years 1999-2003. This includes the areas of Parks, Sewer, Water, Storm, Street (consistent with city's Rehab Program), engineering and garage. Information sheets (detail and request) have been distributed to the Police and Fire departments. The Library has assembled their own CIP, and the content of that document will be incorporated into the city-wide CIP. Input from other city departments for the CIP will be requested by Public Works for data assembly. Objective: Develop updated Plan. Public Works is currently assembling an updated 'Plan' in draft format for department and council review. It is anticipated that the draft document including summary information and objectives (but not detail data sheets), will be available for council review and distributed just before the 1999 proposed budget in early October. Memorandum to Watt Fehst September 1, 1998 Page 2 o Objective: Present Plan to Council As stated previously, a draft version of a summary plan wilt be presented to council for review and comment just prior to the 1999 budget review. Based upon this review, work will continue to complete the project and equipment detail sheets, CIP objectives, funding identification, departmental review, city manager review, and appropriate commission review prior to resubmitting for council review and approval. 4 Objective: Make adjustments as per City Council Direction: It is intended to have the document reviewed by the council in a draft 'summary' version in October of 1998 and a draft 'detail' version 1st Quarter of 1999 before consideration for final approval, and plan implementation. K jb 98-305 City of Columbia Heights Recreation Department TO: FROM: RE: DATE: Walt Fehst, City Manager Keith Windschitl, Recreation Director~ Promoting the City in a Positive Way ( ~ ~ ~ September 2, 1998 The City of Columbia Heights is promoting the City in a positive way. I have been active in 'working with the Police Department with the neighborhood park picnics. I have encouraged the Park and Recreation Commission to participate as well. We have created surveys that are filled out by community members stating what they like about their parks and what they would like to see added to their parks. They are also giving their names to serve on committees for the parks so they will have input on their specific park. The City played a large role in the Columbia Heights Jamboree. We facilitated a softball game against the Columbia Heights Chamber of Commerce. Our Recreation Department also set up the celebration of the City's 100 year birthday and fireworks program which took place at Huset Park. Several departments participated in the parade held during Jamboree. The Police Department organized and ran the "Tour de Heights." In recent months the Community Development Department has organized several meetings for the public to attend and exchange dialogue to gain input on some issues that are facing the city. Information gathered from these meetings will be put into the comprehensive plan. The City of Columbia Heights open house was one of the more successful open houses based on comments from staff and the public. It was beneficial for the public to put a face with the name and for people to see what City staff do. Public Works organized the event and did a great job. The City brochure went out in the mail at the end of August. Janice McGhee-Fetzer of the Recreation Department does a great job putting the brochure together for the printer. This is a very successful way to relay information from the City to the community. The mailing goes out to all residents of the City four times per year. In addition to the mailing of the brochure, the Recreation Department distributes the brochure to the schools each time it is published. These 2,900 brochures are distributed to the students at five schools. Another way the City is promoted in a positive way is with the Cable Commission. Jean Kuehn, Special Projects Coordinator, promotes many of our upcoming events during her cable show. This cable show is very popular and reaches 52% of Columbia Heights residents. Publicity in Page Three one form or another is done on cable for all of the departments of the City. At the present time, I feel the City has many great staff on board who are serving the public and promoting the City in a positive way. KBXk~jlrn K-Promot CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: WALT FEHST, CITY MANAGER DANA ALEXON, ASSISTANT FIRE CHIF. F SEPTEMBER 3, 1998 STATUS OF GOALS Per your request at the August 31, 1998, staff meeting, listed below is the status of the goals assigned to the Fire Department. GOAL 5: '---"'- --~' "~/( ~ ~'~/ TO IMPROVE TWO W~MUNICATION WITH THE PUBLIC. ACTION STEPS: A. Assess What we Currently Do (Open Mic, Board and Commission Meetings) Several comprehensive plan meetings have been held with different "publics" (business, general public, volunteer commissions). Surveys have been collected from all these groups. Also, traffic studies for Reservoir, Central, and 37th required public input at two meetings. Public Works Director considering plans for cut-de-sac for Reservoir based on public input. Minnesota Design Team extremely helpful. Additional ways we currently communicate with the public: · Telephone conversations · One-on-one interactions-Police, Public Works, Meter Reading, Fire, Housing, Commercial Inspections, Building Official, City Hall Staff, Mayor and Council · National Night Out, Neighborhood Picnics · Heights Happenings Newsletter, Focus and Northeaster Newspapers · Utility Billing Inserts · Landlord Training Sessions, Senior Citizen Safety Training, Neighborhood Watch Group Meetings · Cable IV Channels · Council and Commission Meetings · Storm Sewer Study included Direct Communication with Affected Parties Explore Alternative Ways to Communicate (Web sites, E-Mail, Town Meeting-State of the City, Talk to the Mayor) Internal communications with the use orE-mail. Have investigated, though have not yet spent the time or money necessary for a web site for information to citizens. All Division Heads have regular (weekly, monthly) staff' meetings with appropriate work groups. Quarterly newsletter continues to be sent out. Evaluate Top Priorities. Minnesota Design Team recommended priorities and presented them to he City Council on June 16th. The Design Team oversight committee continues to meet, as have the five sub-committees (Bike Trail, City Gateways, Neighborhood Development, Central Avenue/Business Development, Community Center). Staff in all divisions continue to work on means of conveying progress to all citizens. Implement. All of the present methods of communication appear to be working. Also, the Park and Recreation Commission did some polling at the annual park picnics. This feedback is being assimilated into work plans and budgets as necessary. Re-Evaluate AtSer Given Period of Time to Assess Best Methods. Continual evaluation of all communication methods. Will also review successes and failure during annual goal session retreat. GOAL TO IMPROVE THE CITY'S HOUSING STOCK ACTION STEPS COLLABORATION WITH OTHER NOT-FOR-PROFITS (Realtors, Banks, ACCAP) TO LEVERAGE FEDERAL AND STATE FUNDS. Staff: Community Development Director and Housing Coordinator A number of steps have been initiated to leverage outside sources of funds. · Letters have been sent to the five primary financial institutions serving Columbia Heights requesting a total of $5,000 to pay for preparation of the Residential Planbook on concert with 13 other suburban communities. To date, $250 has been received from one institution. · The St. Timothy's Lutheran Church site development of senior housing has a new developer (investor) and is interested in starting construction in the fall of 1998. The moratorium must be lifted by the Council, revised site plans reviewed by the Planning and Zoning Commission, and a TIF development contract negotiated and approved with the EDA prior to construction start. · A Livable Communities Demonstration Account grant application in the amount of $771,000 has been submitted to the Metropolitan Council. The grant will fund land acquisition for town house and senior housing construction with a private developer not-for-profit (Crest View) in and near the NEI College of Technology site. · Staff continues to administer the Minnesota Housing Finance Agency (MHFA) loan programs, Anoka County (CDBG) housing rehabilitation program, and first- time home buyer mortgages through the Minnesota Cities Participation Program (MCPP). · Staff is exploring joint projects with ACCAP using local CDBG monies combined with ACCAP deferred loan monies available to low income residents from MHFA. · HOME grant funds of $70,000 have been received to finance acquisition of two properties for sale and development by Habitat for Humanity. Anoka County Contract approval by the Council is set for September, 1998. COMPLETE HOUSING LIFE CYCLE PROGRAM TO DETERMINE LONG TERM NEED. Staff: The Life-Cycle Housing Study has been completed by the consultant and presented to the City Council for adoption. The study indicated 99 townhouses/condominiums were needed as well as move-up housing options. DETERMINE DOLLARS NECESSARY TO MEET THE HOUSING NEED. Staff: Housing Coordinator and Community Development Director Staff is exploring other financing options/sources in addition to the MHFA Minnesota Fix- up Fund, Home Energy Loans, Accessibility Loans, Manufactured Housing Home Energy Loan, and MCPP first time home buyer mortgage program. The MHFA Community Fix- up fund is being considered which has higher income limitations ($69,920) for a specific type of housing improvement program or defined target area of the City. CDBG funds will be accessed as will HOME funds where appropriate. DESIGN PLAN TO PRIORITIZF~ & PURCHASE HOMES (TIF & additional houses necessary for purchase). Staff: City Manager and Community Development Director Staff is preparing a Est of up to ten properties on the TIF Scattered Site Program of 55 properties which are most severe, least cost to acquire, and which the property owners have identified a voluntary intent to sell to the EDA. The first site is being acquired as authorized by the EDA at 3913 Polk Street NE. The option of identifying a target area to focus resources from other sources such as the Abatement Fund is also being considered. City proceeds from the housing revenue bond finances are being considered for transfer to the EDA to finance property acquisitions. Finally, also considering $300,000 to $400,000 transfer from the Solid Waste Fund upon completion of financing the sewer, water, and road program. EDUCATION PROCESS-PRESENT & FUTURE HOME OWNERS-AS TO MAINTENANCE OF HOUSEHOLD AND FINANCING IMPROVEMENTS. Staff: Community Development Director and Housing Coordinator Conduct homeowner education programs as part of Heights Pride or other events to heighten awareness and training about how to maintain and improve an aging home. Furthermore, provide information about private financing of home improvements through home equity loans and existing financing programs administered by the EDA/City such as MHFA, CDBG, and HOME and technical resources such as the Remodeling Planbook. The Building Official has also budgeted funds to conduct contractor informational briefings to update them as to code changes, City inspection and plan review requirements, etc. CONTINUE TO MAINTAIN RENTAL HOUSING INSPECTION PROGRAM AND SINGLE FAMILY, OWNER-OCCUPIED INSPECTIONS. Staff: Assistant Fire Chief and Building Official Pending the outcome of litigation currently in process, the Fire Department will explore modifications to the Housing Maintenance Code to conduct rental unit inspections once every two years. Staff time will be utilized to continue single family, owner occupied inspections on a once every four years basis which was started, but not completed in 1996. Four dates each month are being set aside to conduct required annual Section 8 Housing Quality standard (HQS) inspections which are performed by Fire Department inspectors and the Occupancy Specialist. Staff continues to conduct inspections of all properties on a complaint basis. Inter-departmental monthly meetings have been set up starting in August 1998 with the Fire Department, Community Development Department, Police Department, and Public Works Department personnel to coordinate activities for problem properties. CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: WALT FEHST CITY MANAGER KEVtN HANSEN ~ PUBLIC WORKS DIRECTOR/CITY ENGINE STATUS REPORT ON CITY'S GOALS AND OBJECTIVES SEPTEMBER 1, 1998 Through a retreat held this past spring with City Council members and Division and Department Heads, specific goals and objectives were formulated and adopted by the Council. A status update on those goals and objectives assigned specifically to Public Works are as follows: Goal #2: ,To continue to rehab the City's streets 1. Objective: Review and insure project funding is available. Actual costs for Zones 1 and 2 were summarized and adjusted in 1998 and compared to original projected costs. The City's contribution for fzmding has been utilized as projected. The cost estimates for years 4-8 will be reviewed and compared to original projections with any required adjustments in funding presented to the City Manager. After review of Zone 1, 2 and 3 by Public Works, actual construction costs and assessments are comparable to original projections indicating consistency with required City contributions. By Zone, streets will be rated the prior year to construction which will allow development of preliminary cost estimates. Any substantial discrepancies with the projected program costs will be reported to the City Manager. Estimating, based upon accurate field data along with updating projected cash flows on an annual basis, will allow a sustainable and successful program. 2. Objective: Re-educate public on program Zones 1, 2 and 3 representing the east half of the City are now complete. To ensure a successful program, re-educating the public for the west half of the City will be conducted in 1999. A combination of information flyers, cable TV broadcast and open houses would Memorandum to Walt Fehst September 1, 1998 Page 2 o o be proposed. Incorporating the before and after in any areas of Zones 1, 2 and 3 would also assist in providing a visual/physical impact. Objective: Establish adequate funding for utility portion of rehabilitation. The City does not currently assess any portion of the costs for replacing utility mains and services. The City's sewer and water construction funds have been the only revenue source for replacing aged utilities. Thus, increasing user rates needs to occur immediately for adequate fund balances and should be reviewed more frequently for small adjustments. The Public Works Department is currently working on an RFP for a storm water utility. Once established, this provides a dedicated revenue source for storm water related activities. An alternative funding source would be assessing for utility replacement, or some portion of such as service lines. Objective: (a.) Incorporate alleys into annual street program: Public Works/Engineering is preparing a feasibility report for the 1999 program which includes paving all remaining raw alleys and seal coating other alleys. (b.) Retaining wall program: The City's current program consists of replacing/constructing retaining walls on State Aid routes. Evaluating who originally constructed a deficient wall section will be a factor in replacement on non- State Aid routes. Objective: Review/incorporate new technology into the program. Public Works continually reviews and investigates new products or methodology that provides cost effective solutions. Where appropriate cost savings may be realized, they will be implemented. A recent example is the use of HDPE storm sewer pipe replacing concrete pipe, providing a cost savings to the City and a pipe with better hydraulic characteristics. rH.'jb 98-301 GOAL #3 -- .E'~ ~-e r'*~ / ~ TO CONTINUE TO IMPROVE THE PHYSICAL APPEARANCE OF THE CITY'S BUS/NESS AREAS ACTION STEPS ON SITE ASSESSMENT OF CURRENT BUSI2qESS. (Community Development & Building Inspections). Staff: Building Official and Community Development Director Staff has identified some preliminary steps to perform to "assess" the areas needing physical appearance upgrades. A windshield survey will be conducted to assess properties needing upgrade. If the properties are geographically concentrated, a proposed target area will be submitted for Council consideration. If they are scattered throughout the community, a map will be prepared identifying the property location. Attachments will include year structures built, current land and building value, property owner, size, etc. The recently completed business retention and expansion survey will also be reviewed to identify needs. The City Council will examine the type and use of garbage containers for the entire City. The September 8 Work Session will include Council consideration of a 5 year extension of the BFI contract for purchase of standardized cans for garbage collection. PRIORITIT. F. NEEDS (Community Development, Council, Chamber). Staff: Building Official and Community Development Director Staff and Council have established a project area generally from 37t~ to 42nd on both sides of Central Avenue for the Livable Communities Demonstration Account grant application. This project area can be used as a focal point to prioritize redevelopment needs and resources. Citizens, Staff and consultants are also considering how the industrial zoned areas of the City can be addressed in the update to the Comprehensive Plan. This area and others along the northern sector of Central Avenue and all of University Avenue will also be considered. HOLD MEETINGS. (Town, Chamber, Business, & Residential Surveys, Internal- staff/council) (Community Development, Council). Staff: Community Development Director Meetings will need to be scheduled after the on-site assessment and prioritization steps are completed. The Comprehensive Plan update meetings with the business community, citizens, and advisory commissions will also be incorporated. Minnesota Design Team public comments provided an excellent resource to identify community strengths and areas needing more attention. DEVELOP ACTION PLAN (Funding, re-zoning, marketing, outside assistance, time lines) (Community Development, P & Z, Council). Staff: Planner, Building Official, Communitv Development Director As follow-up to the Minnesota Design Team suggestions, a Livable Communities Demonstration Account grant application was submitted seeking funds to provide inffl/ and redevelopment of market rate and affordable housing units. Adoption of the Comprehensive Plan will set goals, policies and priorities to guide future redevelopment efforts. o IMPLEMENT PLAN. Staff: Community Development Director, Public Works Director Implementation of the plan and policies will likely include streetscaping improvements to the targeted areas using state aid funds and special assessments of benefitting properties, if warranted. Demolition of substandard and/or non conforming structures may be undertaken using CDBG commercial revitalization account monies. Focus should be given to pedestrian friendly, small scale beautification improvements such as street lighting, benches, sidewalks/trails, waste receptacles, water features and other amenities to promote the downtown as a friendly, welcoming atmosphere conducive to human interaction. Completion of the traffic study with recommendations for installing a cul-de- sac or one-way roadway on Reservoir Boulevard to improve public safety at the Reservoir Boulevard, 37t~ and Central Avenue intersection. A Fall 1998 follow-up visit of the Minnesota Design Team will assess progress made by the City regarding Design Team recommendations. o GOAL #4 -'-' TO INCREASE THE CITY'S COMMERCIAL & INDUSTRIAL TAX BASE ACTION STEPS ACQUIRE AND REMOVE SUBSTANDARD PROPERTIES. Staff: Community Development Director Inventory and identi~ potential properties for acquisition using TIF proceeds and/or CDBG commercial revitaliTation account funds. Staff will explore the use of state funds for "Brownfield" properties to promote site clearing and redevelopment. The Livable Communities Demonstration Account grant funds will also be used to acquire vacant property (parking lot) and other structures for ~fill and redevelopment. CONTINUE TO FUND BUSINESS REVOLVING LOAN PROGRAM UTILIZING CDBG FUND & EXISTING PROGRAMS. Staff: Community Development Director Nothing performed to date. Staff will draft for Council/EDA consideration revised policies to insure the BRLF program monies including principal and interest are dedicated and available for loan to other qualifying businesses. Certain administrative costs may be offset with a set aside of interest earnings from existing loans, if necessary. Staff will survey other cities using CDBG funds for revolving loan funds to determine if the program guidelines are too limiting for this purpose. DEVELOP MARKETING PLAN. Staff: Community Development Director The proposed 1999 EDA budget includes $2,000 for limited advertising and marketing purposes. A promotional brochure/booklet needs to be prepared to market community strengths to prospective companies. LAND AND BUILDING INVENTORY. Staff: Planner and Community Development Director A basic land and building inventory is being maintained by the Planner to serve as an easy reference and resource for available properties and buildings for sale or lease. The Building Official has been coordinating with officials from Grief Brothers about the possible sale of 2 to 3 acres of property with older, substandard buildings on site. A feasibility study has been prepared to relocate and install sanitary sewer mains and lift station improvements to facilitate the Phase II expansion of Medtronic. State grant funds are available for drawdown for machinery and equipment purchases by Medtronic. Growth has exceeded initial expectations. LEGISLATIVE CHANGES TO CHANGE CHARTER AND DEVELOP PUBLIC SAFETY OFFICER. Staff: Community Development Director No change or progress. o CITY COUNCIL TO DEFINE TARGET AREAS. Staff: Community Development Director Prioritization steps as part of other goals can be used to define target areas for redevelopment and thus increases to the tax base. 37~ Avenue to 42na Avenue on both sides of Central Avenue NE has been established as a project area for the Livable Communities Demonstration Account grant. Industrial zoned areas will also be reviewed to identify specific properties or areas which should be targeted for redevelopment using TIF proceeds or other funds as a public incentive. goals City of Columbia Heights Recreation Department TO: FROM: RE: DATE: Walt Fehst, City Manager Keith Windschitl, Recreation Directo?~J Improving the City's Facilities ~-- ( ~ ~' ~ / September 2, 1998 The existing facilities at City Halt seem too small and do not accommodate all departments for the most part. Division heads at City Hall have expressed many complaints due to lack of space for their departments. The Library is currently getting a new roof~vhich should be done in the next week. After this is completed, the Library should be in good shape. Murzyn Hall is receiving an insurance check for approximately $15,000 which I feel should be held until ~ve decide to repair Murzyn Hall the right way. With adding ventilation and putting a new roof on the building, that will cost approximately $80,000. This will have to be done in the next five years. The surveys gathered from neighborhood park picnics and information received at public meetings have indicated that there is a tremendous need for a community center. Community residents have informed me that the schools are not user friendly, and they are always locked up. Kids don't have a facility where they can hang out and attend programs. Our Recreation program is limited as to space and programs due to facility unavailability. We get the leftover time slots that are after the normal hours of operation. The existing facilities for recreation are very sub-standard. The NEI gyms are in very poor shape and need extensive repair. The public has indicated to me that a community center needs to be put in a priority status. Our community members are going to other cities to partake in recreation. Cities like New Brighton, which has an excellent community center, has many of our residents attending and joining to be members of their community center. Every night they have large amounts of students and adults utilizing their facility and participating in their recreation events and programs. If Columbia Heights wants to keep residents moving into the community and keep them in our community, we need to provide facilities that are at the level or above the surrounding suburbs. This includes outdoor ball fields as well as indoor gyms and recreation areas. I feel we have taken some of the preliminary steps in achieving this goal of a community center. Page Two We have surveyed and gathered information from neighborhood park picnics. At Park and Recreation Commission meetings, we have discussed bringing Jon Gurban (MN Recreation and Park Association Executive Director) in to speak about a bond referendum and how we need to take the appropriate steps to successfully pass a referendum. The Park and Recreation Commission has dedicated the monies from the sale of the Sullivan Park land toward the use of building a community center. We are currently planning to apply for a State matching grant to help bring in funds to build a community center. This is a very important issue for the community and needs to be treated as such. I have heard comments that a community center has been talked about for years, but nothing ever comes of it. I think we need to take a serious look at this, and it needs to be a city-wide issue. There needs to be several, if not all departments involved with this. We need to plan this facility with other departments that could potentially be located within this facility, they should be active in selling this to the community and doing some of the designing of the project. I personally will do everything that I possibly can to make this a success. Speaking from experience of failing on a referendum one year and passing it the next year, you need to have many people involved. A referendum will not be successful if just one person is organizing it. AdminkK-Improv CITY COUNCIL LETTER Meeting of: AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~,~ PUBLIC WO ~R~S~ ITEM: REPLACEMENT OF FUEL MONITORING BY: K. Hansen~/j BY: SYSTEM LOCATED AT THE MUNICIPAL SERVICE DATE: 9/10/911~7.~~ DATE: CENTER ~,,, ~ Background: The City's motor fuel dispensing system currently in use is a Tech 21 series 1000 system. It was purchased in 1988 when the fuel storage tanks were replaced as required by Federal mandate. Fueling systems must be capable of reliably delivering the product, accurately monitoring consumption and also testing for leakage in the storage tanks and delivery systems. The Tech 21 fuel monitoring system is designed to meet all of the Federal requirements, but it has been plagued with failures and has become unreliable. In the last two years the system has failed numerous times and the mechanic had to be called to troubleshoot and run the pumps in a bypass mode so emergency vehicles could fuel. The Tech 21 service representative has been called seven times and $1,897.54 has been spent on repairs. To activate the system requires the use of two magnetic cards, the employee card and the vehicle card. The card reader does not work well if the cards are worn or the reader is dirty and the system will not activate. The test probes that are located in the storage tanks need to be replaced. One failed last year and the factory representative informed us that this style of probe is no longer manufactured and that repair parts are in very short supply. Analysis/Conclusions: The fueling system located at the Municipal Service Center is required to be in service 24 hours a day to provide fuel for emergency and maintenance vehicles. It is imperative that the system operate with a high degree of reliability, accountability, and security. It must also meet or exceed all current Federal regulations. Public Works has received informal quotes on new fuel monitoring systems and the estimated cost of replacement is between $12,000 and $15,000. This price includes installation, and software but does not include tax. The new system is capable of key or card activation. Replacement of the fuel monitoring system is an unbudgeted expense. In the 1998 Capital Equipment Replacement Budget, only $79,900 was expended for the MT Trackless replacement with $122,000 originally allocated for this expense. This unexpended balance would be sufficient for the fuel monitoring system. Recommended Motion: Municipal Service Center. K~b 98-310 Move to authorize staff to obtain quotes for the replacement of the fuel monitoring system at the COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 9/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: q PUBLIC WORKS ITEM: AWARD I AND I STUDY BY: K. Hansen ~[/-' BY: ~ N DATE: 9/11/98-~- ~-''- DATE: Background: In 1983 a City-wide I/I study was completed by Professional Services Group (PSG). The PSG study conducted an I/I 'field investigation and analysis. The report recommended various preventive maintenance activities to reduce I/I. The City, over time, has implemented the following I/I reducing activities: Manhole lid replacement (replacing multi-holed lids with single holed or solid lids) Manhole rehabilitation Lining of sanitary sewers Replacement of sanitary sewers As recommended in the 1983 PSG Report, the last item to complete a successful I/I program would be the development and implementation of a cross-connection elimination program. The objective in developing a cross-connection program would be to systematically eliminate sources of inflow and infiltration including sump pumps, foundation drains and roof leaders to the sanitary sewer system. These private property sources were identified as the major source of I/I to our sanitary sewer system, but have not been acted on to date. The purpose of the program would be to provide a cursory update of the 1983 PSG I/I Study, develop a cross- connection elimination program in ordinance format, and to provide a complete economic assessment of performing a City-wide program. Discussion: Requests for quotes were sent to 2 firms, with costs ranging from $13,000 to $17,000. Staff has reviewed each of the proposals. The lowest cost was submitted by OSM. Both firms have substantial background in setting up and conducting l fl studies within the state of Minnesota. Staff feels that OSM emphasized public information and education in their proposal, which is a critical element in an Ill program. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 9/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AWARD I AND I STUDY BY: K. Hansen BY: DATE: 9/11/98 DATE: Continued - Page 2 The City has been awarded a matching grant of $10,000 from the Metropolitan Council which require us to provide matching dollar commitments. Matching funds may be in-kind services as stafftime, city services such as televising sewer lines or cash for consultant services. Recommended Motion: Move to award the I/I Study to OSM of Minneapolis, MN in the amount of $13,000. r~.'jb 98-313 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 9/14/98 AGENDA~SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: d~ PUBLIC WORKS ITEM:~AUTHORIZATION TO SEEK QUOTES FOR BY: K. Hanse~,~,~ ROOF IMPROVEMENTS AT OSTRANDER, SILVER DATE: 9/10/98 x0 DATE: LAKE BEACH AND KEYES PARK BUILDINGS Background: Park building roof maintenance began in 1996 with improvements at Prestemon Park. Roof maintenance work continued in 1997 with improvements at Lomianki, Gauvitte and Mathaire Parks. This project is a continuation of the park building roof maintenance work. Analysis/Conclusions: Ostrander: The building was constructed in 1973. There has been no work done on the roof other than patching as needed. Silver Lake Beach: The building was constructed in 1970. There has been no work done on the roof other than patching as needed. Keyes: The building was constructed in 1976. There has been no work done on the roof other than patching as needed. The existing roof'mg materials will be removed on all three park buildings. New roofing felt, water and ice barrier, shingles, stacks and aluminum facia will be installed. On the Keyes Park building, the exposed rafters and supporting column near the building entrance will also be removed. The 1998 Park budget includes $4,000 to reroofthe buildings at Ostrander, Silver Lake Beach and Keyes Park. Staff anticipates the work will exceed the budget amount. Two budgeted park projects are not being done in 1998 so the funds to do the work are available. Based on work done in 1997, the estimate for the work is $6,000 per building. The two projects not being done are baltfield improvements at Huset Park, Field #2 ($15,000) and playground improvement at Huset East ($15,000). The playground equipment purchased for Prestemon is being installed in Huset East. The work at Prestemon is being postponed because of the anticipated storm water detention basin construction. At the last regular meeting of the Park and Recreation Commission on August 26, 1998, the Commission recommended proceeding with the roof improvements at each park. Recommended Motion: Move to authorize staff to seek quotes for roof improvements at Ostrander, Silver Lake Beach and Keyes Park Buildings. rd-t~b 98-309 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 9/t4/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORI~Sx4~ ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: K. Hansen ~r~) BY: RETAINING WALL CONSTRUCTION &tit,- p DATE: 9/10/98 ~ DATE: Staff is preparing plans for retaining wall construction/replacement at the following locations: 3857 Van Buren St. (on 39~' Avenue) 4001 Cleveland St. - 4000 Benjamin Place (on 40~ Avenue) 1306 and 1312 44a Avenue Staffhas been discussing the proposed work with property owners. Work done will be paid for with Municipal State Aid Funds. RECOMMENDED MOTION: Move to authorize staff to seek bids for retaining wall construction at 3857 Van Buren St. (on 39~h Avenue), 4001 Cleveland Street, 4000 Benjamin Place (on 40~h Avenue), 1306 and 1312 44~ Avenue. KU~b 98-308 COUNCIL ACTION: TO cITy COUNCIL SEPTEMBER 14, 1998 1998 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *Clarion Contracting *Cross Window & Siding *Dalco Roofing & Sheet Metal *Sela Roofing & Remodeling *Single-Ply Systems, inc. *Watson-Forsberg Co. *C.A.S.T., Charters H. Anderson *Wetterlund & Sons Const. LOCATED AT 13961 Elmcrost Ave. N. 500 E. Traveler Tr. 15525 - 32"" Ave. N. 4100 Excelsior Blvd. 909 Apollo Road 1433 Utica Ave. S. 4030 Central Ave. 8436 Able St. N.E. FEES 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 POLICE DEPT. SINGLE EVENT CLUB ON SALE BEER *Columbia Heights Lions Club C/o Roger Giliespie Huset Park Bandshetl area September 27, 1998 REQUEST FEE BE WAIVED POLICE DEPARTMENT CIGARETTE/TOBACCO SALES *Dwayne Martin Richards D/B/A Dwayne's World 4110 Central Ave. #204 50.00 POLICE DEPARTMENT SOLIC1TORIPEDDLERS *David John Figge d/bla Universities Choice Within the city door to door Seafood, chicken & steak 8500 license.ag "THIRTY YEARS OF SERVICE" Columbia Heights, Minnesota 55421 September 9, 1998 Columbia HeTghts City Council Columbia Heights Park Board 590 N.E. 40th Ave Columbia Heights, MN 55421 Dear Park Board Members, The Columbia Heights Lions have applied for a permit to opperate their Beer Wagon at the event on Sunday night, September 27th, t998. Since we are a non-profit, Community Service Organization, we would like the license fees to be waived. Sincerly~Yours, Roger Gillespie Past President and Board Member !010 N.E. 42nd Ave Columbia Heights, MN 55421 Telephone 789-0304 BRC FINANCIAL SYSTEM 09/10/9S i2:2!:51 FUND RECAP: =UND DESCRIPTION i0! 20t 203 204 705 2!3 225 226 735 240 278 437 60i 602 603 609 ~52 701 720 BGO ~84 B85 GENERAL COMMUNITY DEVELOPMENT FUND PARKViEW VILLA NORTH ECONOMIC DEVELOPMENT AUTH SECTION 8 PARKViEW VILLA SOUTH CABLE TELEVISION SF'ECtAL PROJECT REVENUE RENTAL HOUSING LiBR~ARY ~", ,-'~r,I = JUSTICE CAPITAL IMF'ROVEMENT - F'!R CAP EQUIP REPLACE-DATA PROC WATER UTILITY SEWER UT!L. iTY REFUSE FUND L i Q UOR WATER CONSTRUCTION FUND S~:WER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING PERMIT SURCHARGE i NS URANCF ESCROW FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS BANK RECAP: ~,~ ~ ~.,~ i-, NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS Check Register DISBURSEMENTS 2,052.82 8,613.25 56.46 22.i8 4,296.01 5,931.50 7,530.87 586.71 7,140.08 246.00 2!0,!93.40 !,318.47 9!,015.80 4,~)40.86 i00,602.96 2!6.63 i3,982.29 62,!35.00 3,308.3t 1,266.83 264.02 11,I90.50 2,062.28 170.00 DISBURSEMENTS 580,575.51 BRC FiNANCiAL SYSTEM 09/t0/98 12:2! Check Register CITY OF COLUMBIA HEIGHTS GL540R-V05.20 PAGE I VENDOR CHECK~ DATE AMOUNT BANK CHECKING ACCOUNT 002665 008635 003890 013270 097800 000245 000290 002625 007340 009200 002945 000430 000525 012010 010680 003].65 011650 000710 000725 011595 000390 001085 001120 001140 000565 001290 001405 001435 001440 002200 012085 002265 002275 002280 006050 005020 007770 011250 002700 003830 002775 002305 009500 0!1 ....0 009495 011160 011130 ACE HARDWARE ADT AID ELECTRIC SERVICE iN[ AIR TOUCH CELLULAR AMERICAN FORESTS AMER t F'R i D E ANCHOR F'APER ANDERSON'S NEW CARPET DE ANDON ANOKA CTY - CENTRAL. COMP'. APWA COIqFERENCE REGiSTRA ASPEN MiLL. S, iNC. BAKER & TAYLOR BARNA ELIZY & STEFFEN L. TD BERNiCK AND LIFSON BiFF 'S,iNC. BRASS TACKS NETWORK iNC BRAUN ENGINEERING TEST!N BRODART CD! COMMUNICATIONS CENTRAL STORES CITY WIDE LOCKSMITHiNG COCA-COLA BOTTLING MiDWE COLUMBIA HGTS-FRiDLEY KI COMP USA INC CONTINENTAL SAFETY EQUIP [;REST VIEW LUTHERAN HOME DALCO ENTERF'R!SE8 iNC DAVIES WATER EQUIP CO. DAY-TiMERS, tNC. DEMCO DETERMAN WEL. DING& TANK DOMINO'S PIZZA DON'S APPLIANCE DONAGHUE DOORS !NC DUSTIN/RiCHARD FLEX COMPENSATION, INC FRONT LINE PLUS G & K SERVICES GALE RESEARCH CO. GALLS tNC GENERAL SAFETY EQUIPMENT GOOD MD/ DR GARY HAPPEL DBA PLANS!GHT/JER HOBART CORPORAT!GN HOME DEPOT ~2802 HORIZONS INC HOSPITALITY SUPPLY COMF'A 74190 09/10/98 74191 09/10/98 ~.~= 09/10/'98 74193 09/10/98 74194 09/i0/98 74195 09/10/98 74196 09/10/98 74197 09/i0/98 74198 09/10/98 74199 09/!0/98 74200 09/!0/98 74201 09/10/98 74202 09/!0/98 74203 09/10/98 74204 09/t0/98 74205 09/t0/98 74206 09/10./'~'8 74207 09/10/98 74208 09/10/98 74209 09/10/98 742].0 09/!0/98 74211 09/!0/98 742].2 09/10/98 74213 09/I0/98 74214 09/!0/98 74215 09/10/98 74216 09/!0/98 74217 09/10/98 74218 09/10/98 74219 09/10/98 74220 09/i0/98 74221 09/10/98 74222 09/10/98 74223 09/10/98 74224 09/10/98 74,:~., 09/10/98 74226 09/10/98 74227 09/10/98 74228 09/10/98 7422t 09/10/98 74230 09/10/98 74231 09/10/98 74232 09/10/98 74233 09/10/98 74234 09/10/98 74235 09/10/98 74236 09/!0/98 74237 09/10/98 459. ~o, ~ 115.40 50.00 71.47 426.17 75.00 720.00 42.00 !!1.50 2,266.16 18,638.83 2.72.50 667.60 ='~' O0 244.00 13.32 302.95 29.99 10 ;= ! 65.00 443.43 !02.11 i9.06 i2~2.64.79 182.31 !00.82 27.74 154.~,? 124.13 246.00 350.39' 101.75 "~ 00 170.00 985.00 224.40 214.51 17.97 y7.,. 60 120.00 062.28 1,782.00 50.03 t,100.00 .,, 766.76 BRC FINANCIAL SYSTEM 09/10/98 12:21 Chmck Rmgister CITY OF COLUMBIA HEIGHTS GL.,qOR- VO.,.~n PAGE Z BANK VENDOR H~.K~ DATE AMOUNT ,~ANk CHECKING ACCOUNT 003500 008905 003455 003465 001500 006020 005280 004015 080035 011560 00418} 012030 004365 004460 003900 011620 004550 004640 004920 004925 0049'35 00471,3 004090 007320 005345 00812~ 096330 080480 009420 011485 003020 005690 005980 009465 000085 002850 007~ 010805 004590 004810 IBM CORF'ORATION iKON OFFICE SOLUTION INSITUFORM CENTRAL, INC iNTEGRA BUILDERS iF'C F'RINT ING IF'MA- MINNESOTA J-CRAFT tNC JiNDRA/PATRIC!A JOE SCHM!TZ BOOKSELL. ER K MART F. EWATT/CHARLES LAWN '-' ~- ~ .........'~ I,-,,,, ",'' LEAGUE OF MINNESOTA CiTI LOCATOR & MONITOR SALES LYNDE COMF'ANY M & S ROOFING iNC MAC QUEEN EQUIPMENT CO. MASYS CORP. MC COLL];STER & CO MCC BEHAVIORAL CARE INC MENARDS - COON RAPIDS MENARDS CASHWAY LUMBER-F METRO MIDWEST ASPHALT CO. M!NWEAF'OLIS EQUIPMEWT CO MINNEAPOLIS FINANCE DEF'T MINNEAPOLIS SAW CO. MINNESOTA COUNTY ATTORNE MINNESOTA DEPARTMENT OF MINNESOTA SHREDDING LLC MINNESOTA SUN PUBLICATIO MN COMM PAGING MORGAN/GERALD i NE MUSCOVtTZ/PATRICiA NATIONAL FIRE PROTECTION NEEHAN FOUNDRY CORP NORTH METRO HUMANE SOCIE NORTHERN SANITARY SUPPLY NORTHLAND ELECTRIC SUPPL NYSTROM PUBLISHING COMPA OFFICE DEPOT OFFICETEAM ORKIN PARK SUPPLY tNC PC SOLUTIONS F ..... 0~ DECISIONS INC PHILkiPS WINE & SPIRTS P!ONEERLAND LIBRARY SYST 74238 09/10/98 74239 09/10/98 74240 09/10/98 74241 09/10/98 74242 09/10/98 74243 09/i0/98 74244 09/10/98 74245 09/10/98 74246 09/i0/98 74247 09/i0/98 742:48 09/10,/98 74249 09/10/98 74250 09/10/98 74251 09/10/98 74252 09/t0/98 74253 09/10/98 7~254 no,in,~.o 7~ .... n~,'l r~ ,'98 74256 09/10/98 74257 09/t0/98 74258 09/10/98 74259 09/10/98 74260 09/10/'98 7426] 09/10/98 74262 09/10/98 74263 09/I0/98 74264 09/10/98 74265 09/10/98 74266 09/i0/98 74267 09/t0/98 74268 09/10/98 74269 09/10/98 74270 09/10/98 74271 09/10/98 74272 09/10/98 74273 09/10/98 74274 09/10/98 74275 09/t0/98 74276 09/10/98 ~ 0%/10/~8 74278 09/10/98 74279 09/10/98 74280 09/10/98 74281 09/10/98 74282 09/10/'98 74283 09/10/98 74284 09/10/98 74285 09/10/98 !95.00 285..,5 65,085.00 390.00 33.0! 25.00 1.309.~': :O0 2.5 45 2'5 64 509.00 316.31 40.00 89.00 329.44 2!2.00 662.66 i , Fw~F~ 78 207.30 488.~,~, 31 ~'~ 319.74 619 223,931.69 o 212.87 162.52 715.25 ..1.Z.O0 36.63 92.40 71.64 263.20 25.00 187. 823.~= 963.21 57.50 130.~,~, 5,167.48 889.11 694.00 44.00 83.07 3,100.00 93.65 10.00 BRC FiNANCiAL SYSTEM 09/!0/98 12:21 Check Register CiTY OF COLUMBIA HEIGHTS GL540R-V05.20 PAGE 3 BANK VENDOR CHECKff DATE AMOUNT BANK CHECKING ACCOUNT 002355 010930 009575 011515 006260 006320 002940 000605 002055 002790 011710 002560 005390 009290 009545 006660 002270 011590 006790 010965 009470 013155 011670 005310 005315 013555 007230 006875 001760 008605 006915 002485 PROEX PHOTO SYSTEM PRYOR RESOURCES, INC RAP!T PRINTING - FRiDLEY RESPOND SYSTEMS ROAD RESCUE SAM GIBSON SEWER COMPANY SBSI INC SCHINDLER ELEVATOR CORP SCRANTON GILLETTE COMM SIGN LANGUAGE & GOLDEN A S!MLINiTION LIMITED SOFTWARE TAILORS SROGA'S AUTOMOTIVE SERVI ST PAUL/THE STAGE 2 F'REVIEWED VtEDOS STATE TREASURER BL.D STREiCHER GUN'S iNC/DON SUNBURST CHEMICALS iNC SYSTEMS SUPPLY INC. TELEPHONE ANSWERING CENT TERRY OVERACKER PLBG TOWN & COUNTRY OFFICE CL TRUGREEN CHEMLAWN UMt UNIFORMS UNLIMITED tNC US FILTER/WATER PRO VALUE LINE F'UBLISHING IN WAGER'S iNC. WALL.. STREET JOL/RNAL/THE WOODLAKE SANITARY SERV!C WW GRAiNGER WYBRITE INC ZARNOTFt BRUSH WORKS, iNC 74286 09/10/98 74287 09/10/98 74288 09/10/98 74289 09/10/98 74290 09/10/98 74291 09/10/98 74292 09/10/98 74293 09/10/98 74294 09/10/98 ~4~., 09/10/98 74296 09/10/98 74297 09/10/98 ~ ..... 09/10/98 74299 09/10/98 74300 09/10/98 74301 09/10/98 74302 09/t0/98 74503 09/10/98 74304 09/10/98 ~q.~g., 09/10/98 74306 09/!0/98 74307 09/10/98 74308 09/10/98 74309 09/10/98 74310 09/t0/98 74311 09/10/98 74312 09/10/98 74313 09/10/98 74514 09/t0/98 74315 09/10/98 74316 09/10/98 74317 09/!0/98 74318 09/10/98 29.22 198.00 304.48 531.28 157.25 94.00 319.50 162.09 40.00 22.37 3~= 00 4,269.00 7,253.75 106 47 264 02 57 07 309 60 472 47 92 50 !72.82 2,990.20 2t0.79 2,352.00 396.50 3,224.33 570.00 99.88 ~=.00 100,602.96 75.43 1, .,7.~ .40 1,564.70 CHECKING ACCOUNT 580,575.51 *** BRC FINANCIAL SYSTEM 09,,'10,"98 12:21 gANK VENDOR REPORT TOTALS: Check Register CHECK~ CITY OF COLUMBIA HEIGHTS GL540R-V05.20 PAGE 4 DATE AMOUNT 580,575.51 RECORDS F'RiNTED- 0~0~ .... ~,~,'" CITY COUNCIL LETTER Meeting of: September 14, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY Administration MANAGER'S NO. 4 W. Fehst APPROVAL ITEM: Reappointments to Human Services Commission BY: J. Student BY: '~tg.- ,~ DATE: September 11, 1998 DATE: The terms of Barbara Karol and Toni La.Mere on the Human Services Commission expired in April of this year. Their reappointment was delayed as the Council was considering the future of this Commission. While there has been no definitive action taken by the Council regarding this Commission, it has continued to meet or meetings have been scheduled. Staffhas requested these reappointments. MOTION: Move to reappoint Barbara Karol and Toni LaMere to the Human Services Commission with their terms to expire in April of 2001. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of September 14, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER ~,q PUBLIC HEARINGS Fire APPROVAL NO: ITEM: RevocationCl°se Hear in g/Adopt Resolution For BY: Ch ar lie Kewatt BY: ~~f~ DATE: September 9, 1998 DATE: No: Revocation of the license to operate a rental unit xvithin the City of Columbia Heights is requested against Amy Wazwaz regarding rental property at 1013-1015 43½ Avenue NE for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 98- ~, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-'/~', Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Amy Wazwaz Regarding Rental Property at 1013-1015 43½ Avenue NE. COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY AxMY WAZWAZ (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1013-1015 43-1/2 AVENUE, COLUMBIA HEIGHTS, MINNESOTA, ANT) WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON AUGUST 13, 1998 OF A PUBLIC HEARING TO BE HELD ON SEPTEMBER 14, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES ANrD REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINrDINGS OF FACT That on February 18, 1998 an annual inspection of 1013 43 ½ Avenue NE was conducted by Matthexv Field and John Larkin, Housing Inspectors for the City of Columbia Heights; and also, that on February 19, 1998, an armual inspection xvas conducted by Gary Gorman and Richard Hinrichs, Housing Inspectors for the City of Columbia Heights, of the property at 1015 43½ Avenue NE. A total of 25 violations were found by the inspectors and compliance orders were mailed to the property owner at her address of 783 Mimosa Lane, New Brighton, on February 20, 1998. That on April 8, 1998 an initial follow-up inspection was attempted by Gary Gorman and Richard Hinrichs, Housing Inspectors for the City of Columbia Heights of the property at 1013-1015 43 ½ Avenue NE. The tenants were unaxvare of the inspection on that date and no inspection xvas conducted. Compliance orders were mailed to the property owner on April 16, 1998. A $40.00 re-inspection fee was charged. That on May 20, 1998 a second folloxv-up inspection was attempted by Gary Gorman and Richard Hinrichs, Housing Inspectors for the City of Columbia Heights of the property at 1013-1015 43 ½ Avenue NrlE. The tenants xvere again unaware of the inspection on that date and no inspection was conducted. Compliance orders were mailed to the property owner on July 28, 1998. A $40.00 re-inspection fee was charged. That on August 10, 1998 a third folloxv-up inspection was conducted by Gary Gorman and Richard Hinrichs, Housing Inspectors for the City of Columbia Heights of the property at 1013-1015 43 ½ Avenue NE. Inspectors noted that 3 exterior violations had been corrected. A total of 22 interior violations remained. Compliance orders were mailed to the property owner on August 13, 1998. A $40.00 re-inspection fee was charged. o That on September 8, 1998 a final, pre-revocation inspection was attempted by Gary Gorman and Richard Hinrichs, Housing Inspectors for the City of Columbia Heights, of the property at 1013-1015 43 ½ Avenue NE. No one answered the door at 1015 43 ½ Avenue NE and the occupant at 1013 43½ Avenue NE was not aware of why the fire department was there. No inspection was conducted. A $40.00 fee is being charged for this inspection. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT HOUSING MAINTENANCE CODE VIOLATIONS B. FAILURE TO SUBMIT RE-INSPECTION FEES AND NO-SHOW FEES TOTALLING $160.00. 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(t) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 1013-1015 43-1/2 Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL t. The rental license belonging to the License Holder described herein and identified by license number F3135 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF ., 19 MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, M1-N-NESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER MEETING OF: SEPTEMBER 14, 1998 AGENDA SECTION: OTHER BUS1 NESS ORIGINATING DEPT.: CITY MANAGER NO: ~ FINANCE APPROVAL ITEM: Being a Resolution Adopting a BY: WILLIAM ELRITE Proposed Budget, Setting the City, EDA, and HRA Proposed Local Levy, DATE: 8/31/98 and Establishing a Budget Hearing Date for Property Taxes Payable in 1999 At the work session of September 8, 1998, the City Council reviewed the proposed 1999 budget and the proposed local levy for t999. Under the current law, it is necessary for the City to certify a proposed levy, proposed budget, and a public Truth in Taxation hearing date to the County Auditor by September 15th, On or before December 29, 1998, the City must certify a final levy to the County Auditor. The final levy can be less than the proposed levy but it cannot be more than the proposed levy. In addition to the City's local levy, the County collects and distributes to cities an area-wide fiscal disparities tax. This area-wide tax increased last year, and it is currently estimated that there may be a slight increase for 1999. For budgeting purposes, we have used $729,149 for area-wide tax in 1999. The final area-wide tax figure will be available prior to the City's adoption of a final tax levy. The attached resolution includes the current maximum estimated area-wide tax amount and the City Manager's proposed local levy. Under Minnesota state statutes, the City's public budget hearing date cannot conflict with the dates of the County's, school district's, or metropolitan agencies' hearings. Listed below is a schedule of their hearing dates. The City can hold their hearing on any other date between November 30th, and December 21, 1998. Anoka County School District 13 Metropolitan Agencies Hearinq Date December 3 December 1 December 2 Reconveninq Date December 15 December 8 December 9 The resolution also ratifies the Housing and Redevelopment Authority tax levy of $80,239, the Economic Development Authority tax levy of $111,048, and establishes the budget hearing date. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 98-'~ 9, Being a Resolution Adopting a Proposed Budget, Setting the City, HRA, and EDA Proposed Local Levy, and Establishing a Budget Hearing Date for Property Taxes Payable in 1999, with the total HRA levy set at $80,239, and the City, Library and EDA levy set at $3,238,625 and the Truth in Taxation hearing date of December 7, 1998. WE:dh/9808311 Attachments: Sivanich letter of 8/20/98 COUNCIL ACTION: RESOLUTION 98- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A PROPOSED BUDGET, SITTING THE CITY, HRA AND EDA PROPOSED LOCAL LEVY, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 1999 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 1999 is hereby approved and adopted with appropriations for each of the funds as listed below. General Fund Community Development Admin CDBG/HOME Parkview Villa North Parkview Villa South EDA Section 8 Housing Temp Housing/Vacant Land HRA State Aid Cable Television Fund Library DARE Project Police Grant Fast Cops Capital Improvement Fund MultiUse Redevelopment Infrastructure Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund Total Expense Including Interfund Transfers Expense 8,039,098 243,902 259,918 318,019 168,887 532,456 1,085,944 40,633 91,239 182,810 189,073 519,755 7,950 0 0 611,200 0 94,500 609,447 418,194 6,214,249 1,434,399 1,211,863 1,478,013 237,000 316,818 175,931 85,000 2,238,034 26,804,332 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 1999: Revenue General Fund 8,039,098 Community Development Admin 243,902 CDBG/HOME 259,918 Parkview Villa North 318,019 Parkview Villa South 168,887 EDA 532,456 Section 8 Housing 1,085,944 Temp Housing/Vacant Land 40,633 HRA 91,239 State Aid 182,810 Cable 'Television Fund 189,073 Library 519,755 Police Grant Fast Cops Capital Improvement Fund MultiUse Redevelopment Infrastructure Capital Equipment Replacement Funds Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund Total Revenue Including Inter'fund Transfers 7,950 0 0 611,200 0 94,500 609,447 418,194 6,214,249 1,434,399 1,211,863 1,478,013 237,000 316,818 175,931 85,000 2,238,034 26,804,332 Section C. The following sums of money are levied for the current year, collectable in 1999, upon the taxable property in said the City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated General Fund Levy Estimated Library Fund Levy Estimated EDA Fund Levy Total Proposed Levy 729,149 1,930,910 467,518 111,048 3,238,625 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for fiscal year 1999 in the amount of $80,239. BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget hearing shall be held on December 7th at 7:00 P.M. in the City Councit Chambers. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 14th day of September 1998 Offered By: Seconded By: Roll Call: Joseph S. Sturdevant, Mayor Jo-Anne Student, Council Secretary COUNTY OF ANOKA DIVISION OF PROPERTY RECORDS AND TAXATION Edward M. Tres~a, Division Manager GOVERNMENT CENTER · 2100 3RD AVENUE · ANOKA, MN 55303 August 20, !998 The Honorable Joseph F. Sturdevant Mayor City of Columbia Heights 590 40th Ave. NE Columbia Heights, Yn%. 55421 Dear Mayor Sturdevant: The Truth in Taxation law, M.S. 275.065 requires cities to hold a public budget hearing for property taxes payable in the year 1999. The dates for this hearing cannot conflict with the initial hearing set by the county, metropolitan agencies or the school districts located in your city. However, your continuation hearing may conflict with the continuation hearing of another taxing district. These hearings must be held between November 29 and December 20. The continuation hearing must be at least 5 but no more than 14 business days after your initial hearing. Additionally, Chapter 389, Laws of 1998, require that the first and second Mondays of December are reserved for use by the cities until September 15. The following taxing districts within your city have set the following hearing dates: TAXING HEARING RECONVENING DISTRICT DATE DATE Anoka County ................ December 3 ........ December 15 Metropolitan Agencies ....... December 2 ........ December 9 SD #13 ...................... Dece,-Lber i ........ December 8 With this information you can now set the initial date for your public hearing and a date for reconvening the meeting, if necessary. In addition, the time and location of the initial meeting, the phone number an interested taxpayer may call and your payable 1999 certified proposed property tax levy is due on or before September 15, 1998. I have enclosed a proposed levy and hearing date certification form and a copy of your bonded indebtedness for your convenience. Affirmative Action / Equal Opportunity Employer If you have any questions concerning the Truth in Taxation process, please contact me at 323-5438. Sincerel)~, -- ~ Manager, Property Tax Support Services enclosures c City Manager/Administrator f/tnt/propcity.doc CITY COUNCIL LETTER ~v~eetma oi: aeptemver 14, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: q Community Development APPROVAL ITEM: Conditional Use Permit r}"t~'"] BY: Joe Hollman<~/-~ BY: NO: Case #9809-41, 3827 Central Ave. NE DATE: September'2, 1998 Issue Statement: The applicant requests a Conditional Use Permit to allow an off-street parking lot to be paved in the R-3 Multiple Family Residential District at 3827 Central Ave. NE. Section 9.109(2)(k) of the Columbia Heights Zoning Ordinance permits off-street parking as a Conditional Use in the R-3 District. Baekm'ound: The property in question is located across the alley to the east of Doctor Good's office at 3827 Central Avenue NE (see attached area map). The property is currently used as a parking lot and can continue to be used as such. This is considered a legal non-conforming use. However, if the lot is to be paved, it will require a Conditional Use Permit. Analysis: Section 9.109(2)(k) allows off-street parking in the R-3 District when the proposed lot is located in any block or area which is zoned, used, or otherwise permitted for any non-residential use or uses and abuts on a lot or parcel which is in a "B" or 'T' District and is in the same ownership or control as the land in the "B" or 'T' District. Other conditions in the Ordinance state that the subject parcel shall not be located between two abutting residential uses, and provided that such off-street parking is restricted to an area for a distance from the abutting edge of the "B" or "I" District equal to the combined widths of three contiguous platted lots or 150 feet, whichever is greater. The request is in compliance with these requirements. An agreement between the applicant and the owners of Jeff's, Bobby and Steve's Autoworld for the paving of the lot has been established. The lot will be used for the temporary storage of dirt during construction of the Autowofld project. Also, the lot would be used by Autoworld employees in the future. Section 9.116(2)(j) of the Zoning Ordinance states that joint parking facilities may be provided in any district (except R- 1 and R-2), provided that the total number of spaces provided shall equal the sum of the separate requirements of each use. Autowofld will meet the minimum parking requirements with on-site parking. This will provide additional off- street parking for employees, leaving the on-site parking spaces available for customer use. One concern is that the site may be used for the storage of inoperable vehicles or vehicles waiting to be repaired at Autoworld. Please note that Section 9.116(2)(m) of the Zoning Ordinance states that parking spaces in all districts shall not be used for open storage of goods or for the storage of vehicles which are inoperable or for sale or for rent. Please find the following information attached: Staff Report; Completed application form; Area map; Site Plan; and, Public Notice. Recommendation: The Planning and Zoning Commission held a Public Hearing for the variance request on September 1, 1998. They voted unanimously to recommend City Council approval of the Conditional Use Permit, subject to the following 11 conditions. 1. All required state and local codes will be met and in full compliance; 2. Any new lighting used to illuminate the off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by o o o o 8. 9. 10. 11. A fence, not over 6 feet high nor less than 3 ½ feet high, and/or landscaping shall be erected along the property line abutting a residential district and shall be at least 50% opaque; A bumper curb of 5-7 inches high, is required around the perimeter of parking area; There shall be a minimum of two feet open space maintained between the required bumper curb surrounding the parking area and the property line; Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan which has been approved by the Department of Public Works; The maximum slope of any banks shall be 1:3 (1 is vertical and 3 is horizontal); The parking lot will need to be striped and parking stalls are required to be 9' x 20'; A curb island with a minimum width of 5 feet shall be provided between the two driveways; A copy of the agreement between the property owner and Jeff's, Bobby and Steve's Autoworld shall be submitted for City fries, and this agreement shall include a provision restricting the use of the parking lot so that tow truck vehicles can not be parked on the lot after the paving has been completed; and, The parking lot may not be used for the storage of inoperable vehicles or for vehicles that are scheduled for repair at Jeff's, Bobby and Steve's Autoworld. Recommended Motion: Move to approve the Conditional Use Permit to allow off-street parking in the R-3 District at 3827 Central Avenue NE, subject to the listed conditions. COUNCIL ACTION: C ;TY OF COLUMBIA HEIGHTS (!--) 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3578 (612) 782-2800 TDD 782-2806 ( -- Case: 9809-41 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE SEPTEMBER I, 1998 PUBLIC HEARING Case #: 9809-41 Owner: Address: Phone: Parcel Address: 3827 Central Ave. Zoning: R-3 Multiple Family Residential Comprehensive Plan: HDR - High Density Residential Surrounding Zoning and Land Uses: Dr. Gary Good 3827 Central Ave. NE Columbia Heights, MN 788-9091 Zoning North: R-3 South: R-3 and R-2 East: R-2 West: RB GENERAL INFORMATION Applicant: sal'ne Land Use North: Multi-Family Residential South: Residential East: Residential West: Commercial BACKGROUND Explanation of Request: The applicant requests a Conditional Use Permit to allow an off-street parking lot to be paved in the R-3 Multiple Family Residential District. Section 9.109(2)(k) of the Columbia Heights Zoning Ordinance permits off-street parking as a Conditional Use in the R-3 District. The property in question is located across the alley to the east of the Doctor's Office property (see attached area map). The property is currently used as a parking tot and can continue to be used as such. ~ is considered a legal non-conforming use. However, if the lot is to be paved, it will require a Conditional Use Permit. Case Histo~_ : There are no previous Plann/ng and Zoning Comrrdssion cases on the site. Note that this case was originally on the Agenda for the July 7, 1998 Planning and Zoning Commission meeting. The THE CI~-~ OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE SASIS OF DISABILITY tN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNitY EMPLOYER Case: 980941 Page: 2 applicant chose to withdraw the case at that time. ANALYSIS Surrounding Property: The surrounding property on the north and south is zoned R-3, Multiple Family Residential The property to the east and partially to the south is zoned R-2, Two Family Residential, and the area to the west is zoned RB, Retail Business. Land use on the west is commercial and Multiple- Family Residential on the north. The area to the east and partially to the south is used for single- family residential Technical Review: Section 9.i09(2)(k) allows off-street parking in the R-3 District when the proposed lot is located in any block or area which is zoned, used, or otherwise permitted for any non-residential use or uses and abuts on a lot or parcel which is in a "B" or 'T' District and is in the same ownership or control as the land in the "B" or 'T' District. The property across the alley to the west is zoned and used commercially. Also, the subject property is in the same ownership as the Doctor's Office which is across the alley to the west and a short distance to the south. The request is in compliance with these requirements. Other condkions in the Ordinance are that the subject parcel is not located between two abutting residential uses, and provided that such off-street parking ks restricted to an area for a distance from the abutting edge of the "B" or 'T' District equal to the combined widths of three contiguous platted lots or 150 feet, whichever is greater. The subject parcel is within 150 feet of the Doctor Office which it will be serving. Note that k has residential uses on two sides, but due to the unique shape and size of this lot, it is not located between two abutting residential uses. Specific requirements for a parking lot are as follows: · A fence, not over 6 feet high nor less than 3 ½ feet high, shall be erected along the property line abutting a residential district; · Parking area for 21 spaces or more shall have 200 square feet of landscaped area for each 20 spaces; · A bumper curb of 5-7 inches high, around the perimeter of parking area and a curb of no less than 5 feet from a building that has parking around it; · Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan which has been approved by the City Engineer; · The maximum slope of any banks shall be 1:3 (1 is vertical and 3 is horizontal); · The parking lot will need to be striped and parking stalls are required to be 9' x 20'. Note that parking lots and driveways are required to be surfaced wkh a mater/al to control dust and drainage. Currently, the lot is crushed rock. The applicant proposes to pave the lot which will bring it into compliance. Another requirement which is not listed above is that parking and loading areas are subject to required front yards. Front yard is defined as a yard extending along Case: 980941 Page: 3 the full width of the front lot line between side tot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located. The subject parcel does not have frontage on a public road therefore has no front yard so this requirement does not apply. Parking requirements for a Medical clinic are at least 3 spaces for each staff doctor according to design capacity. There is only one doctor on staff at this location, so the current parking situation is adequate. The proposal will provide additional parking for the Doctor's office, and will also provide additional parking should the future use of the property change. Required handicap parking is provided on-site. The proposed site plan indicates a total of 21 parking spaces on the ske with 25 foot drive aisles. Staff has a few concerns about the proposed design. These are outlined below. · There are 3 or 4 spaces that have access facing the base of the bank which will make the ability of drivers to maneuver in and out of those spaces difficult. Staff recommends that these spaces be removed or the bank will need to be cut away to make room for vehicle maneuverability. · The internal circulation pattern is inadequate. There are 2 approaches to the alley proposed, but there is not a drive aisle on the site connecting them. As mentioned above a couple parking spaces in the center area will need to be removed to allow for vehicle maneuverability, or the bank will need to be cut away. A circulation aisle can be located in place of these spaces. · Parking spaces abut the north property line. With this design, vehicles would hang over adjacent properties. Staff recommends a min/mum of two feet open space be maintained between property lines and the required bumper curb. Currently, there are 25 foot drive aisles indicated on the site plan. Should the parking spaces be set back two feet off the property line, a 23 foot drive aisle would exist. Typically 22-24 foot drive aisles are recommended, so a 23 foot aisle would be sufficient. · The site plan indicates that the parking lot will be paved all the way to the alley. In an effort to ensure safe vehicle movement, the two driveways should be clearly designated. This can be accomplished by providing a m/nimum of a 5 foot wide curb island between the two access points. This will provide separation between the driveways, but will also decrease the number of parking spaces available. · There ks not an area designated for snow removal, but there appears to be ample room along the base of the bank for adequate snow storage. Staff recommends that the base of the bank be cut away from the parking lot to allow a flat surface for snow storage. Also, the parking lot should be separated from the bank by a curb. It is important to consider future development potential of the ske when evaluating this request. This is essentially a landlocked parcel that has very little potential as a separate building site due to the lack of frontage. Considering the historical use of the ske as a parking lot, k appears that improving the site to create a parking lot that is in compliance with Cky regulations is an Case: 980941 Page: 4 appropriate use for the property. One concern is the potential impact a paved parking lot can have on surrounding property. Paving will increase the rate of water runoff. Care will need to be taken to ensure that the water runoff will be directed into appropriate facilities and not onto adjacent property. Note that the Department of Public Works will need to review and approve drainage and grading plans. Any additional lighting of the parking lot will need to be shaded or diffused to reflect the light away from the adjoin/ng property. The applicant has stated that he is not proposing any addkional lighting. An agreement between the applicant and the owners of Jeff's, Bobby and Steve's Autowortd for the paving of the lot has been established. The lot will be used for the temporary storage of dirt during construction of the Autoworld project. Also, the lot would be used by Autowortd employees in the future. Section 9.116(2)(j) of the Zoning Ordinance states that joint parking facilities may be provided in any district (except R- 1 and R-2), provided that the total number of spaces provided shall equal the sum of the separate requirements of each use. Autoworld will meet the minimum parking requirements wkh on-site parking. This will provide additional off- street park/ng for employees, leaving the on-site parking spaces available for customer use. One concern is that the site may be used for the storage of inoperable vehicles or vehicles waiting to be repaired at Autoworld. Please note that Section 9.116(2)(m) of the Zoning Ordinance states that park/ng spaces in all districts shall not be used for open storage of goods or for the storage of vehicles which are inoperable or for sale or for rent. Compliance with Cie: Comprehensive Plan: The City Comprehensive Plan designates this area for high density residential development. The proposal does not impact the goals and objectives of the Comprehensive Plan. Summary: The positive aspects of this proposal are as follows: 1. The Conditional Use Permit will allow the parking lot to comply with City regulations. 2. The parking lot will provide additional off-street parking for the Doctor's Office as well as Autowortd employees. The negative aspects of this proposal are as follows: 1. There is a concern that the site may be used for the storage of inoperable vehicles or for vehicles scheduled for repair at Autoworld. However, the Zoning Ordinance prohibits this type of use in parking areas. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit to allow an off-street parking lot in the Case: 980941 Page: 5 R-3 District, subject to the following conditions: 1. All required state and local codes will be met and in full compliance; 2. Any new lighting used to illuminate the off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and a lighting plan wilt need to be reviewed and approved by staff; A fence, not over 6 feet high nor tess than 3 V2 feet high, shall be erected along the property line abutting a residential district and shall be at least 50% opaque; A bumper curb of 5-7 inches high, is required around the perimeter of parking area; There shall be a minimum of two feet open space maintained between the required bumper curb surrounding the parking area and the property line; Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan which has been approved by the Department of Public Works; The max/mum slope of any banks shall be 1:3 (1 is vertical and 3 is horizontal); The parking lot will need to be striped and parking stalls are required to be 9' x 20'; A curb island with a minimum width of 5 feet shall be provided between the two driveways; A copy of the agreement between the property owner and Jeff's, Bobby and Steve's Autoworld shall be submitted for City f'zles; and, The parking lot may not be used for the storage of inoperable vehicles or for vehicles that are scheduled for repak at Jeff's, Bobby and Steve's Autoworld. 4. 5. 6. 7. 8. 9. 10. 11. Recommended Morion: Move to recommend City Council approval of the Conditional Use Permit to allow off-street parking in the R-3 District at 3827 Central Avenue NE, subject to the listed conditions. Attachments: · Completed application form; Area map; Site Plan; and, Public Notice A_pplication For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUMBIA HEIGHTS Fee: / Date Paid 1. Street Address of Subject Property: 'Legal Description of Subject Property:, Applicant Address: 4. Name: ~~/~/v~/p'~¥~/ Address: Phone: Zoning: Applicable City Ordinance Number Present Zoning Present Use Proposed Zoning Proposed Use /' t 7. Reason for Request: 8. Exhibits Submitted (maps, diagrams, etc.) AcknowledMment and SiMnature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing ~he City of Columbia Heights to ~ake the action herein requested, that all statements herein are true and =hat all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota. Taken By:_ Otyof Columbia Heights Address Book Address Book - First Revision SW 1/4 Section 36 100 13900 -J[3e0o 3989 95o i l aT~ soo~ '~o~1~.o~ 111~ L___.",' ", ' ,,-"-'~oo 940 m , ' ~ ; ' O' ~11ZI<< '~6~, ' /x /~,~. ~gS~ '- " ~69x~';/ '~54 ' ~63',x2' ' ' ' ~ ~55"./,? 3944' ~ ' · ~55' 950 ;~t'~oo~ i01~ 102~ [ 1~.01 ' 3942 "3957 ~ ; ' ' .,~' . ' ~.?'", .... ~," <'~ ,x': ~"' '. "=~"-:~ - ; ~- ' .,'/ / x ~23, ' ~0~ '~ x' 3~1~/~ , ' /'-.~1, -~v" ~ t ' 1513 "' d'" X , ~ '" '' '~6~ ~ ' ~-3857 ~ ' ' [ ~ [l~ A842 "- ~ ',~ ~, ~..~ . '. ,/' ,z ~=, .2/ ., ',. '/' C :', -, "~:~838 --~ ~ ; ~3844 ~ L' ~'-" , ~839'./~'x ~.' .- ',, '~' - . '-,. ..... ,." ~ "' ~ ~ 38!8 : '~407 ~[5 '¢, ____ ~ .~ ~-.~.,x. ~00-~ . ~.~ ~ 80~ , ~ '350~ ' 3808 7~- 0 "~05 ~/.' -3?30 ' 3~% ~&-~2~ ~41' '>'~ 3726 ~ ~ ~??~ ~?~ ~ .... ~ ..... : ~ 3~01' .~ x~qq ~ /~< ~ % '~ /'~ ~1~v' ,' '. '.. ,., , ~ ~l ~' 37!9 ~/x~ , ~ U/19 ~ ,' ' 897 i ~3945 ~394~ 392~ 13827 Z~ Date: fBI13II~8 City. of Co~ H~gt~ C~- E~',~e~mj- Poii=e ~t C 'Tv OF COLUMBIA HEIGHTS 590 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 -3878 (612) 782-2800 TDD 782-2806 MEMBERS Mattair~ Szur~k, Chair Ja~s F~w/er John Hunter G~ P~ter~on Tom flamsde/I PLANNING ANO ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, September t, 1998. The order of business is as follows: A request for Conditional Use Permit to allow an off-street parking lot to be paved in the R-3 Multiple Family Residential Zoning District at 3827 Central Avenue. The subject property is in the same ownership as the Doctor's office at 3825 Central Avenue. Section 9.109(2)(k) of the Columbia Heights Zoning Ordinance permits off-street parking as a Conditional Use in the R-3 District. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 98 hours in advance. Please call the City Council Secretary at 782- 2800, extension 209, to make arrangements. (TOD/782-2806 for deaf or hearing impaired only.) THE CI~f OF COLUMBIA HEIGHTS DOES NOT ~]SCRIM1NAtE ON THE BASIS OF DISAEIL[TY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: September 14, 1998 AGENDA SECTION: ITEMS FOR ORIGINATING DEPT: CITY CONSIDERATION - OTHER BUSINESS Administration MANAGER'S NO. ~ W. Fehst APPROVAL STATEMENT-CITY OF BY: J. Student BY: ITEM: MISSIONS COLUIvlBIA HEIGHTS '~ - ~ -- ~ DATE: 9-10-98 DATE: The attached mission statements are the seven that were proposed to us for consideration by Don Salverda in his summary report of the City's Team Building Retreat. In follow-up staff sessions to set time frames for goal development, we also considered the mission statements, debated them, and voted based on how well these statements followed the direction of the goals adopted by the Council. The top three options voted on by the city staff are as follows: Option 2 ** 2 Option 4 Option 5 Recommendation: The Council should consider the attached mission statements and vote to adopt that one which represents their wishes for Columbia Heights. MOTION: Move to consider the attached mission statements and adopt one statement which represents the wishes of the Council for Columbia Heights. COUNCIL ACTION: PROPOSED CITY MISSION STATEMENTS FOR THE CITY OF COLUMBIA HEIGHTS OPTION 1 "Our Mission is to provide high qu~Hty public services that effect citizen and community needs in Columbia Heights." OPTION 2 "Our Mission is to provide high quality public services. Services sh-11 be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally responsible and customer-friendly manner." OPTION 3 "Our Mission is to provide high quality public services that effectively address community needs in a customer- friendly manner.-~ OPTION 4 "The Mi~stoll of the City of Columbia Heights is to provide~r~"e'quality public se~ces th,t effectively ad~esg' chang~g clt~en and communi~ needs ~ s fiscally responsible and customer-friendly manner." OPTION 5 'The Mission is to provide high quality public services that effectively address citizen and community needs in a fiscally responsible and friendly manner." OPTION 6 "Our Mission is to provide high quality public services that creatively address community needs in a fiscally responsible manner." OPTION 7 "Our Mission is to provide high quality community services that address changing citizen-and community needs? 23 CITY COUNCIL LETTER Meeting of: September 14, 1998 AGENrDA SECTION: 0THE R BUS I N E S S- ORIGINATING DEPT.: CITY MANAGER NO: I'~ Recreation ~ APPROVAL RAISING CONCERT AT HUSET PARK BANDSHELL DATE: September 2, 1998 - No: - - BACKGROUND: Barry Cole, 4624 Washington Street N.E., Columbia Heights, advised the City Council on August 24, 1998 that he is planning a fund- raising two-day concert for September 26 and 27, 1998 in the Huset Park Bandshell. Members of the Council directed him to get permits before he goes any further with the plans. The benefactors of the funds realized from these concerts are residents of St. Peter, Mhnmesota who had experienced a tornado and much damage in March of 1998. The Recreation Director called Mr. Cole on Tuesday, August 25, 1998 and asked him to write a letter to the Park and Recreation Commission (attached) and also asked him to attend the Park and Recreation Commission meeting on August 26, 1998. At the Park and Recreation Commission meeting on August 26, 1998, the Commission had many concerns regarding the concert. Parking was a major issue due to the t~vo large events to be held at Murzyn Hall on September 26 and 27, 1998. Other concerns were liability insurance and the sale of beer. The Park and Recreation Commission decided to approve a one-day permit for Sunday, September 27, 1998, with the Lion's Club serving the beer and with final approval needed by the City Council. The Recreation Director, Keith Windschitl,; Police Chief Tom Johnson; and the City Attorney, Jim Hoeft met on September 2, t998 and determined the following recommendations. Security - Public safety issues with the amount of people that potentially could sho~v up (500-700). Requirement of two off-duty police officers at $38 per hour per officer, to be paid by permit holder. Contact Captain Olson to arrange scheduling of officers. Event Hours - Huset Park closes at 1 t :00 p.m. Music must stop at 8:00 p.m. per the Park Policy and local City ordinance. Permit holder must assure that the entire park is vacated prior to 11:00 p.m. Music Volume - Upon receipt of complaints and police determining that the event is too loud, the music volume must be turned down. Upon the second complaint and police determining that the event is too loud, the music must cease. Admission Charged - Perrn/t holders are not allowed to charge a parking fee or an admission fee to any park or facility. Donations may be accepted, but you must not charge admission to the park. Alcohol - The only alcoholic beverages wilt only be those sold by the Columbia Heights Lion's Club, and they must have insurance and perm/ts for this specific event. Insurance - The City must be provided with a certificate of liability insurance prior to the day of the event. The liability insurance must have the City named as an additional insured party and must be for the amounts of $300,000 per individual occurrence and $700,000 aggregate. Park Clean-up - Park clean-up is to be the responsibility of the permit holder. All clean-up must be accomplished by 11:00 p.m. Extra garbage cans may be brought to the park upon request. Damage Deposit - A damage deposit of $300 is required. Upon satisfactory clean-up and no damage occurring, the deposit will be refunded. Portable Restrooms - One satellite for every 200 people is required. Food - Any food items being sold need to have Anoka County approval. Vehicles - All vehicles need to be parked in parking designated areas only. Only vehicles loading and unloading may be brought down to the bandshell area. No attendees may park on City property other than where designated. 'Page ~ wo City Council Letter - Meeting of September 14, 1998 REQUEST PERMISSION TO HOLD FUN~D-RAISING CONCERT AT HUSET PARK BANDSHELL Anything not covered in the above items must bee followed according to the Columbia Heights Recreation Department Park Facility Use Policy. RECOMMENDED MOTION: Move to author/ze use of the Huset Park Bandshell for a public concert sponsored by Barry Cole, 4624 Washington St. N.E., Columbia Heights, MN, on Sunday, September 27, 1998 within the guidelines listed above. Admin\CC-Conce COUNCIL ACTION: BRAVEN MUSIC NETWORK LTD August 26, 1998 BRAVEN MUSIC NETWORK LTD 4626 Washington St NE Columbia Heights Mn 55421 Dear Columbia Heights Park & Recreation Board: This letter is a in reference to the benefit concert for the St. Peter tornado victims. We would like to hold an outdoor concert September 26-27, 1998, and are requesting use of the Huset park band shell and facilities. All profits from the concert will go to storm victims of St. Peter to help rebuild their community. Many local musical acts are set to perform at the event, including the Crazy Souls, Mpls Molines, Voodoo Soup, plus many others of note. We will be requesting support from the Columbia Heights business community and others to help sponsor the event, and appreciate any help the city can provide in achieving this goal. We are requesting permission to do the following: ·access power in the band shell and surrounding area · serve alcohol and soft drinks · provide catered food · ask patrons of the event to donate $5.00/day to the cause We also request information on availability of the following: · parking for patrons · possible usage of barricades to enclose part of the park · access to city volunteers to help run the event · any rules/regulations of park usage We appreciate any assistance the city 'can provide to help this event in being successful, and appreciate your attention on this important outreach event. Sincerely, ~ Ba~ C.;ol~ President--'~mven Music Network Ltd City of Columbia Heights Park and Recreation Commission August 26, 1998 THESE MINUTES HAV[ NOT '":'"""'"""" - q-, ./ The meeting was called to order at 6:45 p.m. by Chairwoman Eileen Evans. ROLL CALL Members present: Members absent: Also present: Eileen Evans; Bruce Magnuson; Gary Mayer; Gary Peterson; Keith Windschitl, Recreation Director; Kevin Hansen; Public Works Director/City Engineer Jerry Foss; Bob Ruettimann Barry Cole; Braven Music Network, Ltd. CONSENT AGENDA The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve the minutes of the July 1998 meeting (no meeting). APPROVAL PAYMENT OF BILLS Move to approve payment of bills as listed from the proper funds. APPROVAL CONSENT AGENDA Motion by Member Magnuson, second by Member Mayer to approve the consent agenda. All ayes, motion carried. LETTERS AND REQUESTS PAYMENT FOR DAMAGE TO WOOD FLOOR/COLUMBIA HEIGHTS WOMEN OF TODAY. The Recreation Director gave a brief explanation on the mount of the checks that were paid by the Women of Today. Member Evans questioned why the payment was from Roseville, if they met here. The Director explained that the Roseville organization caused the damage. One third payment was from Roseville, one third from Columbia Heights and the other third is the responsibility of JPM. PAGE TWO PARK & RECREATION COMMISSION M1NUTES MEETING OF AUGUST 26, 1998 OLD BUSINESS REQUEST USE OF MAIN HALL/CRESTVIEW FOUNDATION: The Recreation Director had spoken with Shirley Barnes again. He felt it should be put back on the agenda since there wasn't a quorum at the July meeting. Member Evans asked the Commission what their feelings were on the issue and it was the same as before, if the Gala was held on a week night the fee would be waived. On a weekend where a rental fee could be obtained, the members felt that there should be a charge. A motion by Member Magnuson to waive the fees this time with the understanding that it will have to be on a week night in the future. Second by Member Nelson. All ayes: motion carried. NEW DISHWASHER INSTALLED AT JPM The Recreation Director gave an update that the dishwasher was installed last week. He also stated that Hobart would remove the old one for an additional $200.00. The decision was made to be put in the City auction on September 12, instead. The old dishwasher had bleached ceiling tiles and carpet due to leaking. BACK TO THE PARKS Member Ruettimarm was not present and the Recreation Director felt that he would like to wait until he was present to look at Back to Parks, since this was Member Ruettimann's concept of Back To The Parks. ROOF REPAIR/MURZYN HALL The Recreation Director passed out an adjustment letter from the St. Paul Companies at a cost of $15,301.46 less the $1,000.00 deductible for a final figure of $14,301.46. He also talked with Finance Director and the Building Inspector with the option of installing it over the old roof having some kind of ventilation. The Commission members made a suggestion that the Director should check with the St. Paul Companies and inquire if the adjustment includes the ice and water shield. Motion by Member Peterson second by Member Magnuson to let the Director to use the check as a base price and handle the adjustments with the St. Paul Companies. All ayes: motion carried. NEW BUSINESS PARK BUILDING ROOF MAINTENANCE The Public Works Director explained that $4,000.00 had been budgeted to reroof each of the buildings at Ostrander, Silver Lake Beach and Keyes Park. It appears that it will run closer to $6,000.00 for each building. The Director would like the have the Commission in concurrence before presenting it to the City Council. PAGE THREE PARK & RECREATION COMMISSION MINUTES MEETING OF JUNE 24, 1998 SALE OF LAND TO MEDTRONICS - DISPOSITION OF FUND PROCEEDS Member Peterson felt that more discussion was necessary. The Recreation Director stated the possibility o£a grant from the State. The State would match two dollars for every one dollar of the City. Motion by Member Nelson with a second by Member Magnuson to direct the funds from the sale of the land to a Community Center and grant application. All ayes: Motion carried. USE OF HUSET BANDSHELL FOR FUND-RAISER - BARRY COLE Mr. Cole was present to discuss the use of the Huset bandshell for a fund-raiser, for the tornado victims in St. Peter, MN, on Saturday and Sunday September 26 and September 27. He also presented a letter to the Commission members explaining the request for usage. Member Peterson inquired if Mr. Cole was solid on the dates he had chosen. There are two large events at Murzyn Hall on that weekend, which could cause problems for parking. The Recreation Director explained there is a wedding $'n Saturday with 500-600 guests present and asked Mr. Cole how many he expected to attend the fund-raiser (500-1,000). On Sunday the Fire Department will be holding there Pancake Breakfast. Member Nelson inquired if he had the liability insurance for serving & selling alcohol, at this point he does not and a suggestion was made that it might be feasible for the Lions Club to provide and serve alcoholic beverages, since they have insurance. Member Nelson suggested going to the City Council at which time Member Peterson stated that the City Council was receptive to the idea. Discussion was held with the final approval made by the City Council. Motion by Member Nelson with a second by Member Magnuson for one day permit for September 27, with the Lions serving the beer and with final approval needed by the City Council. Alt ayes: Motion carried. REVIEW OF 1999 PARKS CAPITAL OUTLAY BUDGET The Public Works Director stated that the City Council has not yet seen the outlay, as it was drained by the staff. DAMAGE TO STOVE AND INJURY TO CATERER AT AUGUST 8, 1998 WEDDING The Recreation Director explained what happened and that the Finance Director had heard from the attorney of the injured party. The approximate damage to the stove was $600.00. Precautions have been made to prevent this type of accident from happening in the future. DAMAGE TO BUILDING AFTER WEDDING ON AUGUST 8. 1998 The Recreation Director had pictures of the damage that occurred and gave them to the Commission to look at. The Commission members were also told that a report had been processed by the police department. The Recreation Director indicated that the wedding party had consumed a very large amount of alcohol and pre-mix, as the event was an "open bar". PAGE FOUR PARK & RECREATION COMMISSION MINUTES MEETING OF JUNE 24, 1998 OTHER NEW BUSINESS The Public Works Director informed the Commission members that the fountain at LaBelte was not operational due to the electrical control which was damaged when the panel was flooded. The Public Works Department is working on the issue. REPORTS RECREATION DIRECTOR The Recreation Director reported to the Commission Members that Bill Antazaras is no longer employee of the City of Columbia Heights. The Head Custodian position is currently being advertised and should be filled soon. PUBLIC WORKS DIRECTOR/CITY ENGINEER The Director updated the commission on the status of Labelle pathway project. The Street Dept. has been working on the construction last week. The plan is to level the hockey rink at Keyes Park. It has a beehive slope in the center causing the ice to be uneven. COMMISSION MEMBERS No report ADJOURNMENT Motion by Nelson, second by Peterson to adjourn. All ayes, motion carried. Meeting adjourned at 8:30 p.m. Bonnie Morinvitle, Park and Recreation Commission Secretary Sep 11 B8 12:20p PUBLIC WORKS (612) 782-287S p.2 OFFICIAL PROCEEDINGS COLUMBIA I-IEIGHTS TRAFFIC COMMISSION AUGUST 31, I998 The Traffic Commission meeting was called to order at 7:00 P.M I. ROLL CALL Present: Staff: Carlson, Goodman, Sturdevant, Smmpf, Szurek Kevin Hansen, Public Works DirectodCity Engineer Kathyjean Young, Assistant City Engineer Tom Johnson, Police Chief II APPROVAL OF JULY 6, 1998 MINUTES Motion by Sturdevant, second by Smmpf, to approve the minutes of the July 6, 1998 Meeting. Roil calk All ayes. III. OLD BUSINESS TRAFFIC STUDY FOR CENTRAL AVENUE CORRIDOR FROM 37TM TO 40TM AVENUES Bob Green of BRW was present to update the Commission on the results of the traffic study for Central Avenue Corridor. Accident summary data on Central Avenue from 37~ Avenue to 40~ Avenue was given. In addition, Mn/DOT and City of Minneapolis comments relating to potential change~ to Central Avenue and/or Reservoir Blvd. were given. Mn/DOT's main concern was the two median openings between 37~ and 39a' Avenues and the lack of left mm lanes which raises potential safety problems. Their review concluded that the following conditions would have to be met if the median openings were to remain open: 1) eliminate parking on both sides of TH 65 between 37'h and 39t~ Avenues, 2) provide left mm lanes at each opening, and 3) design the median opening and driveways to eliminate the left turn onto TH 65 from the proposed access points. Closing Reservoir Blvd. would cause State Aid funding to be lost for the portion between 37~' and 39~ Avenues and convening it to a one-way would mean loss of at least half of the State Aid funding for the portion that is convened to one-way. The City of Minneapolis is in agreement that the elimination of the Reservoir Blvd. phase of the intersection would improve traffic operations. The Water Works currently uses Reservoir Blvd, for delivery of materials to the Reservoir Blvd. and Official Proceedings Columbia Heights Traffic Commission August 31, 1998 Page 2 45t~ Avenue site and favors making Reservoir Blvd, one-way northeast bound. The public meeting held on August 18t~ for property owners and businesses in the traffic study area provided input on the proposed alternatives for the Central Avenue study. A questionna/re was available for the public to provide comments. The City also hand-delivered questionnaires to businesses along Central Avenue. A summary of the survey results were presented. Short term improvements (within the next year) were presented. Some of those suggested improvements would be to add signage for the northbound Central Avenue traffic to better delineate which lane traffic vehicles should use when going northbound on Reservoir Blvd., work with the City of Minneapolis to review the traffic signal phasing and skip phases if no cars are present, and modify the signal timing to allow pedestrians adequate time to safety cross at this intersection. Long term improvements (2-4 years) would include a system of left mm lanes along Central Avenue from 374 Avenue to 40th Avenue. Installing a cul-de-sac on Reservoir Blvd, at 37"' Avenue or malting it one-way northeast bound would be a potential improvement in that it would eliminate one phase of the signal sequence. Pedestrian activities would also be improved in that it would shorten the distance needed to cross at the intersection. Kevin Hansen, City Engineer, concluded that the report was consistent with the Design Team's recommendation for improvements within the City. Motion by Goodman, seconded by Sturdevant, to approve the traffic study prepared by BRW and forward it to the City Council for consideration and approval. Roll Call: All ayes. REQUEST FOR "BLIND INTERSECTION"SIGN ON WESTBOUND 45TM AVENUE AT 6TM STREET. This request was originally presented to the Traffic Commission for stop signs on 45'h Avenue at 5t~ or 6~ Streets. The concern is the spe~d of traffic on 45t~ Avenue and the reduced visibility for westbound traffic because of the hill. Commissioners concluded at a previous meeting that the warrants for stop signs on 45"` Avenue were not met. The Police Department conducted a traffic survey along 45"` Official Proceedings Columbia Heights Traffic Commission August 31, 1998 Page 3 IV Avenue and found that 85% of the traffic was driving at or less than the 30 MPH speed limit. Commissioners directed staffto look into the possibility of adding signage such as "blind intersection" at 6* Street. For westbound traffic on 45t~ Avenue, the alley entrance between 5* Street and 6. Street cannot be seen until the driver is at the crest of the hill on 6t~ Sla'eet. The minimum stopping sight distance is 158' for vehicles traveling 30 mph and 236' for 40 mph. Based on this information, a warning sign is appropriate. Motion by Sturdevant, second by Goodman, to install a warning sign for "Blind Alley Entrance" on westbound 45~ Avenue at 5~ Street. Roll Call: All ayes. OTHER OLD BUSINESS Commissioner Carlson asked staffto check on the status of reinstalling a one hour parking limit sign on the corner of 40t~ Avenue and 5t~ Street. NEW BUSINESS REQUEST FOR "NO PARKING" ON 42'~ AVENUE FOR 8' ON EACH SIDE OF THE PARKING LOT ENTRANCE FOR 233 42~ AVENUE. The property manager has requested no parking be designated adjacent to the driveway entrance for 233 42'~ Avenue. The concern is that the trucks for garbage and recycling cannot turn into the parking lot when cars are parked on both sides of42'~ Avenue. The problem has not been reported by BFI to the City's Special Projects Coordinator. Motion by Goodman, second by Stumpf, to table the request for "No Parking" on each side of the driveway at 233 424 Avenue pending additional information from the Property Manager. Roll Call: All ayes. REQUEST FOR STOP SIGNS ON WEST UPLAND CREST AND EAST UPLAND CREST AT HIGHLAND PLACE AND FOREST DRIVE. Rick and Lori Genadek of 2227 Highland Place have requested stop signs on West Upland Crest and on East Upland Crest at Highland Place and Forest Drive. Official Proceedings Columbia Heights Traffic Commission August 31, 1998 Page 4 VI. VI1. A neighborhood petition was submitted to the Traffic Commission. A 6-year old boy was smack by a vehicle while in-line skating on East Upland Crest. The vehicle was traveling north on East Upland Crest and his speed was unknown. The child came out a driveway and skated into the street. This is an unfortunate accident that could occur any where in the City. The Police Department conducted a speed and volume survey the week of August 24th and found the speeds were not excessive in the area. The MMUTCD warrants for stop signs are not met on West Upland Crest and East Upland Crest. Traffic on Highland Place and Forest Drive are required yield to vehicles on West Upland Crest and East Upland Crest. Discussion was held as to whether playground signage could be added on West Upland Crest coming out of Kordiak Park. Motion by Sturdevant, second by Szurek, to direct staffto review playground sign locations for Kordiak Park. Roll Call: All ayes. OTHER NEW BUSINESS None. REPORTS A. CITY ENGINEER Kevin Hansen presented the City Wide Bike Trail report which included an analysis of proposed at-grade and off-street bike la, ail alignment improvements for a City-wide bike traiI as a result of recommendations from the Design Team. Police Chief Johnson indicated that a two-way bike t~ail as proposed would be in violation of State law as bikers are to go w/th the flow of traftic. Kevin was not aware of such a law as he had patterned the bike route similar to the Regional Trail in Minneapolis. Chief Johnson stated the loop could be one way, with cyclists getting on and offthe bike trail as desired. The Commissioners questioned the need and benefit of a designated bike trail. Bep Ii 8~lp PUBLIC WORKS Official Proccexiings Columbia Heights Traffic Commission August 3 Page 5 2. DEAD END SIGN ON THE 3900 BLOCK OF QU/NCY STREET A petition was received by the residents on this block to move the dead end sign closer to 40t~ Avenue. The Public Works staffwill move the sign to the north side of the light pole as soon as the Star and Tribune newspaper box can be moved. 3. REQUEST FOR SPEED HUMP ON JOI-INSON STREET At the May t998 Traffic Commission, Gary Gorman of 5010 Johnson St. requested speed humps be installed on Johnson St. due to the speed of cars in the area. Staffprovided Mr. Gorrnan with the cost ofinstailing a speed hump on Johnson St. The cost for two speed humps was $2,800 including the humps, pavement reflectors, pavement marking and signs. Mr. Gorman checked with the neighborhood to see if they were interested in sharing the cost to install a speed hump. They do not want to proceed with the work. B. POLICE CHIEF Police Chief Johnson reported that the new laser equipment used on Central Ave. between 37~h and 494 Avenue detected speeds in excess of 60 mph. C. COMMISSIONERS Commissioner Goodman asked when the no parking signs wilI be in on 40'~ and Central. Kathy Young said it would be part of the signal work. VIII. ADJOURNMENT Motion by Sturdevant, second by Goodman, to adjourn the meeting at 9:00 P.M. Roll Call: All ayes. Respectfully submitted, Joa~e Baker Traffic Commission Secretaxy