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Home My WebLink AboutJuly 14, 1997 RegularAGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, JULY 14, 1997 7:00 PM CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE Auxiliary aids £or handicapped persons are available upon request when the request is made at least 9(5 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the previous portion of agenda, or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent agenda items as listed below: 1) Approve Minutes of the June 23, 1997 Council Meeting 2) Final Payment for Sanitary Sewer Lining and Manhole Rehabilitation 3) Authorization for Braun Intertec to Conduct Road Rater Testing on Zone 3, City Streets 4) Block Patay Request - LaBelle Condos 5) Request to Serve Beer and Wine Coolers - Sullivan Lake Park 6) Special Purpose Fence - 1402 Circle Terrace, J. Anderson 7) Special Purpose Fence - 4501 5th Street, T. Lawrence 8) Special Purpose Fence - 1137 42 1/2 Avenue, J. Edwards 9) 1997-98 Animal Control Services - Removed from Consent Agenda 10)Request to Dispose of City Equipment 11)Purchase of Motorola Modem Units 12)Payment of Bills 13)Approval of License Applications RECOGNITION~ PROCL_A_M3~T!ONS._PRESENTAT!ONS. GUESTS A. Proclamation National Night Out - August 5, 1997 6. PUBLIC HEARINGS A. Public Hearing Re: Rental Properties Which Have Complied With HMC B. Resolutions Regarding Rental Propertles Revocations/Suspensions 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Res. No. 97-42 Proposed 40 Unit Senior Apartment Bldg. B. Bid Considerations C. Other Business 1) Anoka County JPAA Score Funds 2) Parking Garage Agreement- Col. Hts. Business Center 3) Finalization of Remodeling Areas in City Hall 4) Consideration of Renaming of Mathaire Park 5) 1997-98 Animal Control Services Contract 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings 1) Park & Recreation Commission Meeting of June 25, 1997 2) Telecommunications Commission Meeting o£ June 19, 1997 3) Charter Commission Meeting of June 19, 1997 4) Library Board Meeting of July 1, 1997 5) Planning & Zoning Commission Meeting of July 1, 1997 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. ADJOUR_NMENT Walter R. Fehst, City Manager ADMINISTRATION Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Meg Jones Gat), L. Peterson Robert W. Ruetfimann City Manager Walter R. Fehst JULY 9, 1997 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 14, 1997 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to adopt the consent aqenda items as listed below: 1) Adopt Council Minutes MOTION: Move to adopt the minutes of the June 23, 1997 Regular Council Meeting. 2) Final Payment for Sanitary Sewer Lininq and Manhole Rehabilitation MOTION: Move to accept the work for sanitary sewer lining and manhole rehabilitation, Municipal Project No. 9606 and to authorize final payment of $1,948.65 to Insituform Central, Inc. of Chesterfield, Missouri. COUNCIL MEETING AGENDA JULY 14, 1997 PAGE 2 3) Authorization for Braun Intertec to Conduct Road Rater Testinq on Zone 3, City Streets MOTION: Move to authorize Braun Intertec Corporation, inc. to conduct Road Rater testing on Zone 3 streets, excluding C.S.A.H. and M.S.A. for $913.00/mile plus mobilization; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 4) Block Party Request - LaBelle Condos MOTION: Move to approve the request of Charlotte Wontor, 999 41st Avenue Northeast, to block off the 41st Avenue Northeast cul-de-sac parking lot for a block party from 6:00 p.m. to 10:00 p.m. on August 5, 1997. 5) Request to Serve Beer and Wine Coolers - Sullivan Lake Park MOTION: Move to approve the request by Carol Menken of Medtronic to serve 3.2 beer and non-intoxicating wine coolers in Sullivan Park on Friday, August 22, 1997 from 8:00 a.m. to 5:00 p.m. 6) Special Purpose Fence, 1402 Circle Terrace - Jane Anderson MOTION: Move to approve the request for a six (6) foot high special purpose privacy fence at 1402 Circle Terrace as requested provided the required property irons have been located and the required permit is obtained prior to fence installation. 7) Special Purpose Fence, 4501 5th Street - Tim Lawrence MOTION: Move to approve the request for a five (5) foot high special purpose privacy fence provided the required property irons have been located and the required permit is obtained prior to fence installation. 8) Special Purpose Fence, 1137 42 1/2 Avenue -Jon Edwards MOTION: Move to approve the request for a six (6) foot high special purpose privacy fence along the east side of the house ast 1137 42 1/2 Avenue as requested provided the required property irons have been located and the required permit is obtained prior to fence installation. COUNCIL MEETING AGENDA JULY 14, 1997 PAGE 3 9) 1997-98 Animal Control Services Removed from Consent Agenda. Information attached has chanqed from that presented at the July 7th work session. Moved to 7-C-5 10) Request to Dispose of City Equipment MOTION: Move to authorize staff to sell through notification, advertisements or consignment, four (4) Shure Wireless microphones and the accompanying receivers and the IRP 41 mixer. 11) Purchase of Motorola Modem Units MOTION: Move to authorize the City Manager and Mayor to purchase three Motorola modem converters at a cost of $3,200 each for a total of $9,600 with the money being budgeted in the capital improvement fund for 1997. 12) Payment of Bills MOTION: Move to approve payment of the bills as listed out of proper funds. (List of bills will be included in the Friday agenda). 13) Approval of License Applications MOTION: Move to approve the license applications as listed and the rental license applications as noted in the July 11, 1997 memo from Chief Kewatt. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Proclamation National Night Out - Tuesday, August 5, 1997 COUNCIL MEETING AGENDA JULY 14, 1997 PAGE 4 6. PUBLIC HEARINGS A. Public Hearinq Re: Rental Properties MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by the following properties in that the provisions of the Housing Maintenance Code has been complied with: Brian Bona, 4015 7th Street Doris Jorgenson, 1480-90 47th Avenue Randee Artmann, 4535 Washington Street Michael Schaffer, 3717 Polk Street Jean Thorp, 4641 Washington Street Edwin Matthes, 5229 7th Street Patrick Carlson, 4757 4th Street Mohsen Dessouki, 4610-12 Fillmore Street B. Resolution ~ a Resolution Re~ a Rental Pro ep_c_C_y Revocation or Suspension MOTION: Move to waive the reading of Resolution ~ there being ample copies available for the public. MOTION: Move to adopt Resolution ~ being a resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.s408(1) of the rental license held by Thomas Brooks regarding rental property at 4328 6th Street. ALTERNATE MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Thomas Brooks regarding rental property at 4328 6th Street in that the provisions of the Housing Maintenance code have been complied with. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 97-42 Beinq a Resolution Findinq the Proposed 40 Unit Senior Apartment Buildinq Consistent with the Plans of the City/PUD Concept Plan Review, Crest View Corporation COUNCIL MEETING AGENDA J, ULY 14, 1997 PAGE 5 MOTION: Move to approve the Concept Plan as it is consistent with the City's Comprehensive Plan and Zoning Ordinance in that it satisfies the requirements of the PUD Concept review portion of the Zoning Ordinance. MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve Resolution No. 97-42 being a resolution of the Columbia Heights City Council finding the proposed 40 unit Senior Apartment Building to be constructed by Crest View Corporation at 4444 Reservoir Boulevard to be consistent with the plans of the City. B. Bid Considerations None C. Other Business 1) Anoka County JPA Score Funds MOTION: Move to authorize the Mayor and City Manager to enter into the 1997 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $56,999.23 available as reimbursement for eligible expenses. 2) Parking Certificate - Columbia Heiqhts Business Center MOTION: Move to approve the Parking Certificate by the City of Columbia Heights in favor of Midland Loan Services, a Missouri limited partnership, to facilitate and encourage the refinancing of the Columbia Heights Business Center, 3989 Central Avenue Northeast, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ALTERNATE MOTION: Move to reject the Parking Certificate by the City of Columbia Heights in favor of Midland Loan Services, a Missouri limited partnership, as the Certificate is not in the interest of the City of Columbia Heights. COUNCIL MEETING AGENDA JULY 14, 1997 PAGE 6 3) Finalization of Remodelinq in the Finance Department and Administrative Office Area MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Rak Construction and Glass Masters, Inc. for the installation of three windows in the Northeast wall of the Finance Department and one window in the Administration area. 4) Consideration of Renaming of Mathaire Park MOTION: Move to direct Public Works Director Mark Winson and Police Chief Thomas Johnson to put together flyers which will be distributed in Mathaire Park neighborhood in order to advise residents of the proposed name change and that they may attend the July 28th Council Meeting if they have any issues with this proposed change. 5) 1997-98 Animal Control Services Contract MOTION: Move to authorize the Mayor and City Manager to enter into a contract with the North Metro Humane Society for animal control/impound services for the contractural period of August 1, 1997 to December 31, 1998, and that funding for these services be provided for the Police Department budget 101-42700-3050. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Park and Recreation Commission Meeting of June 25, 1997 2) Telecommunications Commission Meeting of June 19, 1997 3) Charter Commission Meeting of ,June 19, 1997 4) Library Board Meeting of July 1, 1997 5) Planning and Zoning Commission Meeting of July 1, 1997 COUNCIL MEETING AGENDA JULY 14, 1997 PAGE 7 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT MOTION: Move to adjourn the Regular City Council Meeting. Walter R. Fehst, City Manager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JUNE 23, 1997 CALL TO ORDER/ROLL CALL Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Counci!members Jones, Jolly, Ruettimann and Peterson were present° 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO THE MEETING AGENDA Added to Items for Consideration was the issue of approving assignment of operating and management agreements to Lake States Property, Inc. presented for consideration by the City's EDA. CONSENT AGENDA The items on the Consent Agenda are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion. A. Motion by Jones, second by Jolly to adopt the Consent Agenda items as listed below: Adopt Council Minutes The Council approved the minutes of the June 9, 1997 Regular Council Meeting as presented. Final Payment for 1997 Street and Parking Lane Striping The Council accepted the work for 1997 street and parking lane striping and authorized payment of $4,970.66 to AAA Striping Service Company of Rogers, Minnesota. Changes in Street Construction Project on 44th Avenue The Council authorized Supplemental Agreement No. 1 to provide a barrier at the top of each retaining wall in the amount of $8,746.00, Change Order No. 1 to install retaining wall at 1421 44th Avenue in the amount of $2,032.00, Change Order No. 2 to remove steps and construct a stairway at 1229 44th Avenue in the amount of $1,712.00 and Change Order No. 3 to reduce the size of the handrail from 2" diameter to 1 5/8" diameter in the amount of $0.00 to Ron Kassa Construction. REGULAR COL~NCIL MEETING JI3NE 23, 1997 PAGE 2 Authorization to Purchase Red "LRD" Siqnal Heads The Council authorized the purchase of LED red ball and red arrow indicators from Brown Traffic Products based on the Minnesota State Contract price, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same with the purchase being funded from the State Aid Maintenance Fund. ~lose Hearinq - Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of the rental license held by Anthony Wilczek regarding rental property at 3935 Tyler Street in that the provisions of the Housing Maintenance Code have been complied with. Establish Hearinq Dates - License Revocations - Rental Properties The Council established a hearing date of July 14, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the following owners and addresses: Patrick Carlson, 4757 4th Street; Thomas Brooks, 4328 6th Street; Michael Shaffer, 3717 Polk Street; Mohsen Dessouki, 4610 Fillmore Street; Brian Bona, 4015 7th Street; Jean Thorp, 4641 Washington Street; Randee L. Arfmann, 4533-35 Washington Street; Doris Jorgenson, 1480-90 47th Avenue and Edwin Matthes, 5229 7th Street. Establish Dates for Council Work Sessionz The Council established Monday, July 7, 1997 at 7:00 p.m. and Monday, July 21, 1997 at 7:00 p.m. as dates and times for Council work sessions to be held in the City Hall Conference Room. License ApDlications The Council approved the license applications as listed and the rental housing licenses as noted in the Fire Department memo of June 20, 1997. Payment of Bills The Council approved the payment.of the bills as listed out of proper funds. Roll call on Consent Agenda: Ail ayes RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTR A. Recoqnition Barbara Karol was recognized as the 1997 Humanitarian of the Year REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 3 6. PUBLIC HEARINGS A. Public Hearinq Reqardinq Revocation/Suspension for the Property at 4222 Monroe Street Owned by Robert Witt Motion by Ruettimann, second by Peterson to close the public hearing regarding the revocation or suspension of the rental license held by Robert Witt regarding rental property at 4222 Monroe Street in that the provisions of the Housing Maintenance Code have been complied with. B. Second Readin~ of Ordinance No. 1280 Amendin~ ChaDter 5, Sections 35 through 46 of the City Charter of the City of Columbia Heiqhts Pertainin~ to the Referendum and Referendum Petitions Motion by Jones, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1280 BEING AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 35 THROUGH 46 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO INITIATIVE AND REFERENDUM PETITIONS The City of Columbia Heights does ordain: Section 1: Chapter 5, Sections 35-46 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require measures passed by the council to ]De referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 4 Section 36. EXPENDITURES BY PETITIONER. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed one hundred dollars for legal advice, copying, printing and notaries' fees. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. INITIATIVE Section 38. INITIATION OF MEASURES. Any five electors may form themselves into a committee for the initiation of any measures of public concern. After formulating their measure they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed measure to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any measures shall consist of the measure, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of voters equal to at least twenty percent of the total number of votes cast at the last preceding regular municipal election. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: INITIATIVE PETITION Proposing an ordinance (or resolution, as the case may be) to ..... (stating the purpose of the measure), a copy of which ordinance (or resolution) is hereto attached. This measure is sponsored by the following committee of electors: REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 5 NAME ADDRESS 2. 3. 4. 5. The undersigned electors, understanding the terms and the nature of the measure hereto attached, petition of the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME ADDRESS At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Section 40. FILING OF PETITIONS AND ACTION THEREON. Ail the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination of the number of electors whose signatures are appended thereto, and whether this number is at least twenty percent of the total number of electors who cast their votes at the last preceding regular municipal election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and shall notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate committee, which may be a committee of the whole. REGULAR COL~NCIL MEETING JUNE 23, 1997 PAGE 6 The committee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council shall fail to pass the proposed measure, or shall pass it on in a form different from that set forth in the petition and unsatifactory to the petitioners, the proposed measure shall be submitted by the council to vote of the electors at the next election occurring not more than three months from such date, then the council shall call a special election to be held not less than thirty or more than forty-five days from such date. In case the council passes the proposed measure with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the measure need not be submitted to the electors. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed measure shall state the substance thereof, and shall give the voter the opportunity to vote either "For the measure" or "Against the measure". If a majority of the electors voting on any such measure shall vote in favor thereof, it shall thereupon become an ordinance or resolution of the city as the case may be. Any number of proposed measures may be voted upon at the same election, but in case there shall be more than one, the voter shall be allowed to vote for or against each separately. Section 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the electors under this constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by qualified electors of the city equal in number to twenty percent of the total vote at the last regular municipal election be filed with the city clerk requesting that any such measure, or any part thereof, be repealed or be submitted to a vote of the electors, the said measure shall thereby be prevented from going into operation. The council shall thereupon reconsider the said measure at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye and no vote reaffirm its adherence to the measure as passed. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 7 In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more than forty-five days from the action of the council calling it. If a majority of the voters voting thereon are opposed to the measure, it shall not become effective; but if a majority of the voters voting thereon favor the measure, it shall go into effect immediately or on the date therein specified° Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of measures and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance (or resolution, as the case may be) to ..... (stating the purpose of the measure), a copy of which ordinance (or resolution) is hereto attached. This measure is sponsored ]Dy, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 35. POWERS RESERVED BY THE PEOPLE. The people of Columbia Heights reserve to themselves the power, in accordance with the provisions of this chapter, to initiate and adopt ordinances and resolutions, to require mcasurc~ ordinances passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respective. Section 36. EXPENDITURES BY PETITIONER. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed cnc four hundred dollars for legal advice, copying, printing, and notaries' fees. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 8 .Any committee members, at their sole discretion and at no charqe to said committee member, may utilize the services of the city attorney so as to assure that the DroDosed ordinance is consistent as to form and structure with other similar ordinances enacted by the city council. Any violation of the provisions of this section shall constitute a misdemeanor. Section 37. FURTHER REGULATIONS. The council shall as soon as possible after the organization of the city government under this charter provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this charter, as may be deemed necessary. Such ordinance shall include the relevant provisions of this charter. INITIATIVE Section 38. INITIATION OF ~EASL~.EE ORDINANCES. Any five clcctcrs reqistered voters may form themselves into a committee for the initiation of any ~ca~ures ordinance of public concern. After formulating their ~casure ordinance they shall file a verified copy thereof with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed measure ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefore. Before circulatinq any Detition, they shall submit to the city attorney a cody of the DroDosed ordinance, and the city attorney shall aDDrove same as to form only and not as to content, or Dut it into a form which is legally sufficient for the DurDose intended. Shall the city attorney fail to take such action within ten days from the date on which the DroDosed ordinance is submitted to the city attorney, such DroDosed ordinance shall be deemed leqally sufficient and a verified copy thereof shall be filed with the city clerk, toqether with the names and addresses of the members of such committee. Section 39. FORM OF PETITION AND OF SIGNATURE PAPERS. The petition for the adoption of any mca~ure ordinance shall consist of the measure ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by a number of reqistered voters equal to at least twcnty ~en percent of the total number of votes cast at the last preceding regular municipal election or 700 siqnatures, whichever is qreater. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the persons whose name it purports to be. Each signature paper shall be substantially the following form: REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 9 INITIATIVE PETITION Proposing an ordinance (ct rc~c!uticn, ~ ~ ca-c~ may be) to .... (stating the purpose of the mcasure ordinance), a copy of which ordinance ',~ ...... ~~,~~ is hereby attached. This mca~ur~ ordinance is sponsored by the following committee of ~~~ ~ reqistered voters: NAME ADDRESS 2. 3. 4. 5. The undersigned clcctcrs reqistered voters, understanding the terms and the nature of the mcasure ordinance hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. NAME ADDRESS At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Each affidavit shall be in substantially the following form: State of County of being duly sworn deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signature of Circulator Subscribed and sworn to before me this day of , 1997. Signature of Notary Public REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 10 Section 40. FILING OF PETITIONS AND ACTION THEREON. Ail the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination of the number of clcctcrs reqistered voters whose signatures are appended thereto, and whether this number is at least ~ ..... ~ ~ ten percent of the total number of clcctcrs reqistered voters who cast their votes at the last preceding regular municipal election or 700 siqnatures, whichever is qreater. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and still notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the mca~urc ordinance to the clcctcrs electorate at the next regular or any special election, at its option. Section 41. ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the mcasure ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the measure ordinance, after the holding of which the mca~urc ordinance shall be finally acted upon by the council not later than sixty-five days after the date upon which such mcasure ordinance was submitted to the city council by the city clerk. If the council shall fail to pass the proposed measure ordinance, or shall pass it on in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed mcasura ordinance shall be submitted by the council to vote of the clc~tors electorate at the next election occurring not more than three months after the date of the final action by the council, and if no otherwise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. REGUI_J~ COUNCIL MEETING JI/NE 23, 1997 PAGE 11 In case the council passes the proposed mca~urc ordinance with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the ordinance need not be submitted to the ~ ...... electorate. Section 42. INITIATIVE BALLOTS. The ballots used when voting upon any such proposed measure ordinance shall state the substance thereof, and shall give the reqistered voter the opportunity to vote either "For the mcasure ordinance" or "Against the mcasurc ordinance". If a majority of the clcctcr~ registered voters voting on any such mcasurc ordinance shall vote in favor thereof, it shall thereupon become an ordinance or rc~o!utio~ of the city as the case may be. Any number of proposed mcasurcs ordinances may be voted upon at the same election, but in case there shall be more than one, the reqistered voter shall be allowed to vote for or against each separately. Section 43. INITIATION OF CHARTER AMENDMENTS. Nothing in this charter contained shall be construed as in any way affecting the right of the clcctcrs electorate under this constitution and statutes of Minnesota to propose amendments to this charter. REFERENDUM Section 44. THE REFERENDUM. If prior to the date when an ordinance of the council takes effect a petition signed by ~~~~ clcctcr~ reqistered voters of the city equal in number to t%ccnty ten percent of the total vote at the last regular municipal election or 700 signatures, whichever is ~reater, be filed with the city clerk requesting that any such mcasurc ordinance, or any part thereof, be repealed or be submitted to a vote of the electors electorate, the said mcasurc ordinance, shall thereby be prevented from going into operation. The council shall thereupon reconsider the said mca~urc ordinance at its next regular meeting, and either repeal the same, or repeal the sections thereof to which objection has been raised by the petitioners, or by aye or no vote reaffirm its adherence to the mcasure ordinance as passed. In the latter case the council shall immediately order a special municipal election to be held thereon within not less than thirty nor more that forty-five days from the action of the council calling it. If a majority of the registered voters voting thereon are opposed to the mca~ure ordinance, it shall not become effective; but if a majority of the voters voting thereon favor the mca~urc ordinance, it shall go into effect or immediately or on the date therein specified. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 12 Section 45. REFERENDUM PETITIONS. The requirements laid down in sections 38 and 39 above as to the formation of committees for the initiation of mcasurcs ordinances and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall begin as follows: REFERENDUM PETITION Proposing the repeal of an ordinance (ct .... ~'~ a~ the casc may bc) to .... (stating the purpose of the mcasurc ordinance is hereto attached. This measure ordinance is sponsored by, etc. Section 46. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in section 42 of this charter for initiative ballots. Section 2: This ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: June 9, 1997 June 23, 1997 June 23, 1997 Offered by: Seconded by: Roll call: Jones Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary C. Second Readinq of Ordinance No. 1349 Amendinq ChaDter 3, Section 17 of the Charter of the City of Columbia Heights Pertainin~ to Rules of Procedure and Quorum Motion by Ruettimann, second by Peterson to table the second reading of Ordinance No. 1349 to a future date until it has been reviewed by the Charter Commission. Roll call: All ayes D. Second Readin~ of Ordinance No. 1348 Beinq an Ordinanc~ Amendin~ City Code Reqardinq Exterior Parkinq Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 13 There was some discussion regarding the intent of this ordinance. It does not address requirements for garages. Its primary purpose is to extend the deadline for hard surfaced parking. It was felt this matter should be included on the agenda of a future Council work session. ORDINANCE NO. 1348 BEING AN AMENDMENT TO ORDINANCE NO. 853, CITY CODE 1977, SECTION 8 IN THE HOUSING MAINTENANCE CODE REGARDING THE REQUIREMENT FOR EXTERIOR PARKING, PEDESTRIAN WALKWAYS AND LIGHTING Section 8 currently reads as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating there in which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1997. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) Ail required parking spaces must be surfaced with asphalt or concrete. (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 14 (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1997. (i) Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208(2) Variances under 5A.207 and 5A.208 shall be enforced and administered in accordance with 9.105. The criteria contained in 9.105(3) (d) shall be applied in deciding whether or not an applicant is entitled to a variance. The proposed changes are date changes only to read July 1, 1998 as follows: The City of Columbia Heights does ordain: Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 15 (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) Ail required parking spaces must be surfaced with asphalt and concrete. (d) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and dwelling units. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian wa!kways must have a minimum light of 1 foot candle and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. (i) Commercial Vehicles and Junk Cars. Commercial vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208(2) Variances under 5A.207 and 5A.208 shall be enforced and administered in accordance with 9.105. The criteria contained in 9.105(3) (d) shall be applied in deciding whether or not an applicant is entitled'to a variance. This ordinance is effective thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 9, 1997 June 23, 1997 June 23, 1997 REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 16 Offered by: Seconded by: Roll call: Peterson Sturdevant All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 97-41 Beinq a Resolution Acceptinq the COPS MORE 96 Federal Grant Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-41 BEING A RESOLUTION ACCEPTING THE COPS MORE 96 FEDER3~L GP~ANT AND APPROPRIATING MATCH FUNDS TO THE GRANT WHEREAS, in October 1996 the Columbia Heights Police Department made application for a grant from the U.S. Department of Justice for an evidence technician and for technology/equipment in the form of lap top computers with MDT conversions and mounting stands, and WHEREAS, the grant will become available to the department in July 1997, and WHEREAS, the breakdown of the grant is as follows: Expense: Personnel Equipment Total Expense $34,860.00 $22,791.00 $57,651.00 Revenue: Grant City Match Total Revenue $43,238.00 $14,413.00 $57,651.00 REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 17 NOW, THEREFORE, BE IT RESOLVED that the City Council of Columbia Heights authorizes the acceptance of the COPS MORE 96 Fund to account for all revenue and expenses under this grant, and furthermore, appropriates and authorizes the transfer of $14,413 from the Police Department budget to the COPS MORE 96 Fund for the City match on this grant. Passed this 23rd day of June, 1997. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Bid Considerations None C. Other Business 1) Approve Assiqnment of Operatinq and Manaqement Aqreements to Lake States Property, inc. Some members of the Council expressed their hesitancy to approve this material in that it was received rather tardily. The City Attorney stated that it may appear that approval is being sought in a hasty manner but the timetable requires the approval by the end of the week. His recommendation is to approve it contingent upon the EDA approval. Discussion continued regarding the lender, the Council approval of the Assignment and the associated with receiving all of the paperwork. need for timetable Motion by Ruettimann, second by Jolly to approve the Assignment of the Operating and Management Agreements to Lake States Property, Inc., a Minnesota corporation; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same contingent upon the EDA's approval at its meeting of June 24, 1997. Roll call: All ayes REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 18 Motion by Ruettimann, second by Jones to approve Waiver and Release Form for the Columbia Heights Business Center, and furthermore, move to authorize the President and Executive Director to enter into an Agreement for the same contingent upon the EDA's approval at its meeting of June 24, 1997. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City Manaqer The City Manager gave the three dates set up for inspections of Lynde Investment buildings. He mentioned the train rides on July 1st. No action will be taken at this time on the Public Safety Director position. He inquired if he should post the position of the Assistant Fire Chief. B. Report of the City Attorney The City Attorney had nothing to report. o 10. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Minutes of the following meetings were included in the agenda packets: June 3, 1997 Planning and Zoning Commission and the June 3, 1997 Library Board of Trustees. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA The resident at 2310 40th Avenue expressed his concern with the speed of traffic in the area of 40th Avenue and Stinson Boulevard. He requested a stop sign be placed on 40th and McKinley and sidewalks be installed on 40th Avenue. He was directed to write a letter to the Public Works Director to be included on the agenda for the August Traffic Commission meeting. This letter could address signage and speed. He was directed to circulate a petition among his neighbors regarding the sidewalk installation. Even though this would be paid for from State Aid funds if it is approved, the affected property owners must be included in a petition. REGULAR COUNCIL MEETING JUNE 23, 1997 PAGE 19 11. ADJO~ENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 8:15 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COLrNCIL LETTER Meeting of: 7/14/97 No:AGENDA~.~SECTION: COqSEi~T. PUBLIC WORKsORIGINATING DEPARTBIE~/~/~ ~1 ~ ~R ITEM: FINAL PAYMENT FOR SANITARY SEWER BY: M. Winson ~ LINING AND MANHOLE REHABII,ITATION ,~t, ~, ~1. DATE: 7/3/97 On September 9, 1996, Council authorized lining the sanitary sewer and rehabilitating 5 manholes along Silver Lake. The sanitary sewer lining was done in October of 1996. The manhole lining was started in February of 1997 and completed to the satisfaction of the Sewer and Water Foreman in June. Staff recommends acceptance of the work and final payment be made to the contractor. RECOMMENDED MOTION: Move to accept the work for Sanitary Sewer Lining and Manhole Rehabilitation, Municipal Project Number 9606 and to authorize final payment of $1,948.65 to Insituform Central, Inc. of Chesterfield, Missouri. MAW.'jb 97-409 COUNCIL ACTION: INSITUFORM CENTRAL, INC. 17988 EDISON AVENUE CHESTERFIELD, MISSOURI 63005 314-532-6137 Remit Payment to: Drawer T- 1128C Nashville, TN 37244 ORIGINAL TO: PROJECT: City of Columbia Heights 637 38th Avenue Northeast REC~.IVED Columbia Heights, Minnesota 55421 · J U N [ ? 1997 Number 9606 Sanitary.Sewer Lining & Manhole Rehabilitati~r~j B [-- [ 0 W 0 F( K S Silver Lake Easement, Columbia Heights, MN ESTIMATE # 2 & Final INVOICE # 05-438 R JOB # 5960020 WORK COMPLETED THRU: 10131/96 RETENTION INVOICE DATE: 06/12/97 iTEM CONTRACT COMPLETED-TO-DATE NO. DESCRIPTION QUANTITY UNIT PRICE QUANTITY % AMOUNT 1 Sanitary Sewer Lining 1 LS 33,810.00 ILS 1 LS 100% 33,810.00 2 Manhole Rehabilitation 1 LS 2,000.00/LS 1 LS 100% 2,000.00 3 Chimney Seal and Self-sealing Casting 5 EA 500.00 lEA 5 EA 100% 2,500.00 CHANGE ORDER Furnish and install approx. 20 LF of 8 inch diameter Insitupipe from manhole "0" toward the lift station 20 LF 33.15/LF 20 LF'' 100% 663.00 TOTAL CONTRACT: $38,973.00 EARNED TO DATE: $38,973.00 Cust. #96909 CONTRACT SUMMARY Less: Retainage 0% 0.00 bt cc: B. Ratz B. Hirtz S. Hirtz J. Feuerbom If there are any questions regarding this invoice, please contact Barb Trende at the phone number listed above. Total Contract Earned Less Retainage Add: Less: Repairs to pump Net Amount Due: Paid to Date: TOTAL DUE: AMOUNT PAST DUE: 38,973.00 0.00 245.99 38,727.01 36,778.36 $1,948.65 0.00 Previous Payments Other (Repairs to pump) Total Deductions from Earned to Date AMOUNT DUE THIS ESTIMATE: 36,778.36 245.99 37,024.35 $1,948.65 CITY COUNCIL LETTER Meeting of: 7/14/97. AGENDA SECTION: CONSENT ORIGINATING DEPARTMEN~F: CITY MANAGER ITEM: AUTHORIZATION FOR BRAUN INTERTEC TO BY: M. Winson ~4~ B CONDUCT ROAD RATER TESTING ON ZONE 3 CITY DATE: 7/3/97 ' ~ DATE: [ sm ETs - A - 3 Staff has contacted Braun Intertec Corp. Inc. and obtained a quote for performing a visual and mechanical condition survey of the existing streets in Zone 3 with a Road Rater. The report fi'om Braun will provide strength analysis and maintenance recommendations for the streets. Zone 3 has approximately 5~4 miles of streets. The quoted cost is as follows: $913.00/mile plus mobilization for an estimated cost of $4,250.00 Braun Intertec is the only company with this equipment located locally. RECOMMENDED MOTION: Move to authorize Braun Intertec Corp. Inc. to conduct Road Rater testing on Zone 3 streets, excluding C.S.A.H. and M.S.A.S. for $913.00/mile plus mobilization; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MAW:jb 97-408 COUNCIL ACTION: Proposed Scope of Services: City bf Columbia Heights Braun Intertec proposes to provide City of Columbia Heights with the following: Nondestructive deflection testing will be conducted at 200-foot intervals in both travel directions on the roads selected by City of Columbia Heights. The testing will be staggered yielding a 100-foot interval. Analysis of all data to determine recommended spring axle load limits, effective subgrade soil strength and recommended overlay thickness or improvement design thickness· Two copies of the report will be furnished to City of Columbia Heights. The report will include: description of the work performed table summarizing information reported by City table summarizing results of the testing analysis and recommendations as requested copies of the fi~ld data with analysis results profile plots of the analysis results. Items to be provided by City of Columbia Heights on the attached Data Analysis Form: Sections to test including beginning and ending termini, and a map highlighting the sections. 2. Pavement structure (as built) and subgrade soil type. 3. Traffic volumes includin~ any information on the truck traffic. 4. Date of surfacing or last overlay· 5. Current spring axle load restriction The proposed basis for the work described in the Scope of Services will be on a per mile basis. The rate for this work is $913 per mile plus mobilization. Based on the requested 5.4 miles of testing this will be approximately $4,250. Please sign and return this agreement to Braun Intertec Corporation. Receipt of the letter will serve as our authorization to proceed· Invoices shall be submitted on a monthly basis with payment due within 30 days of invoice date as noted on attached General Conditions. Authorized by: Braun Intertee Co~oration, Inc. Principal, Braun Intertec Corpora ion Accepted by: City of Columbia Heights By: Date: CITY COUNCIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: Consent NO. ITEM: Block Party Request: Charlotte NO. Wontor, LaBelle Condos, ~-~ 999/1000/1011 41st Avenue N.E. ORIGINATING DEPARTMENT POLICE BY: M. Dugdale DATE: July 8, 1997 CITY MANAGER APPROVAL: Attached is a block party request from Charlotte Wontor of 999 41st Avenue N.E. to conduct a block party on Tuesday, August 5, 1997, from 6:00 P.M. to 10:130 P.M., with barricades blocking off the 41~t Avenue cul-de-sac parking lot (basketball court area). This request is from LaBelle Condominiums I, II, and Ili, located at 999, 1000, and 1011 41st Avenue N.E. RECOMMENDED MOTION: Move to approve request of Charlotte Wontor, 999 41st Avenue N.E., to block off the 41~t Avenue N.E. cul-de-sac parking lot for a block party from 6 PM to 10 PM on August 5, 1997. 97-263 Attachment COUNCIL ACTION: BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED REQUESTOR'SADDRESS: 99q//'000 ,//0/l t'"'" .AYE, ? / DATE OF EVENT: AtJ(~(d~5"{'- ~ t gq 7 TIME STREET SHOULD BE BLOCKED A.M.~)TO I 0 A.M STREETS THAT SHOULD BEBLOCKED: 4/'-~V' G(,-;L~/),/z-~.5"4¢ Dfl~'TX/~> ~' ~ ' ' ~ '~ '~ !iL :'i' ~ f'..~-~'~' ~" NOTE: (A~ACH~IFNECESS~Y) :--.: ' '..~.O~c ,.~1~,./~ : '~ ~ '" T~S FO~ ~ST BE SIG~D ~D ~T~D TO ~ COL~~ ~IG~S POLICE DEP~~~, PONCE C~F'S O~CE, 559 ~ J. S~ET N.E., COL~ ~IG~S, ~ 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING 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 YOUHAVEQUESTIONS, PLEASE CONTACT THEPOLICE CHIEF'S SECRETARY AT 782-2845. CITY COUNCIL LETTER Meeting of: ~7- AGENDA SECTION: C 0ilS E NT ORIGINATING DEPT.: CITY MANAGER NO: /4' Recreation APPROVAL ITEM: REQUEST BEER & WINE COOLERS/SULLIVAN BY: Ed Brandeen BY:/] J/v~fl No:PARK ;.~ ,. ~ ... ,.~ DATE: June 27, 1997~/~/-'~"" ~ ~ Carol Menken of Medtronic, 800 53ra Ave. N.E., Minneapolis, Minnesota, is requesting permission to serve 3.2 beer and wine coolers at the Medtronic picnic on Friday, August 22, 1997 from 8:00 a.m. to 5:00 p.m. This item has been approved by the Park and Recreation Commission at their meeting of June 25, 1997. RECOMMENDED MOTION: Move to approve the request by Carol Menken of Medtronic to serve 3.2 beer and non- intoxicating wine coolers in Sullivan Park on Friday, August 22, 1997 from 8:00 a.m. to 5:00 p.m. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 14, 1997 AGENDA S~TION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROV_h~ ITEM: Special Purpose Fence, Anderson BY: Tina Goodroad~ BY~~/~7 NO: Case #9707-26, 1402 Circle Terrace DATE: July 7, !997~ The Planning and Zoning Commission reviewed the request of Ms. Jane Anderson for approval to install a six (6) foot high wood privacy fence along both the north and south side yards at 1402 Circle Terrace starting at the front of the house and extending to the rear lot line on both sides. The reason for the request of the wood fence is to keep her dogs enclosed inside the yard. The neighbor at 1410 Circle Terrace has provided a signature of consent. The property owner at 1336 Circle Terrace has not signed the consent form. City Council approval is required for all fences which lie in the front and/or to the side of any house and exceeds 42 inches in height. The Planning and Zoning Commission unanimously recommend approval of this request. RECOMMENDED MOTION: Move to approve the request for a six (6) foot high special purpose privacy fence at 1402 Circle Terrace as requested provided the required property irons have been located and the required permit is obtained prior to fence installation. COUNCIL ACTION: ccag0797.no3 CITY OF C~UMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other )Street Address of Subject Property, 2. Legal Description of Subject Property, .(~ Applicant Name: ~~ Address: Iq09 4. Ovner: Name: Addre Phone 6. Zoning: Applicable City Ordinance Number Present Zoning Present Use 7. Reason for Request:~O Section Proposed Zoning. Proposed Use Exhibits Submitted (maps, diagrams, etc.) ,?{/~ ~/~//7 9. Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will he done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota. Signature of Applicant, - 'd'~3~t~~~ Date, ~,.j~,¢ i.~)l~ff7 Taken By: CERTTFICA~ OF FENCE CONBHNT '(applicant' s nan,) (height of fehce) ~ applicant ' s address ) - " request your written consent to construct (~e ofJfence, ~teri~ ~d ~e-~ ~sh~ ~on ~ p~pe~y The fence will be sitUated · (di'stan~e) ' ~ propo"~ j,p,&n"y. A true and accurate sketch of the location of the fence on the applicant's property. (Be accurate in your measurements; it will avoid later misunderstandings and conflicts. ) Acknowledgement and Sisnatures. ~e~kc~igned ikal!y understands the request herein mentioned and agrees to consent to its height, type and location. Signature ; Address Signature ; Address Signature ; Address CITY COUNCIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER APPROVAL NO: Planning and Zoni~ ITEM: Special Purpose Fence, Lawrence BY: Tins Goodroa~ ~/_~/ ,~/ jcl BY:,~.~-~ ~j~ NO: Case #9707-25, 4501 N.E. 5th St. DATE: July 7, 1997 The Planning and Zoning Commission reviewed the request of Mr. Tim Lawrence to install a five (5) foot high wood privacy fence along the south property line from the front corner of the house to the driveway and back to the garage front at 4501 N.E. 5th Street. City Council approval is required for all fences which lie in the front and/or to the side of any house and exceed 42 inches in height. The Planning and Zoning Commission unanimously recommend approval of this request. RECOMMENDED MOTION: Move to approve the request for a five (5) foot high special purpose privacy fence provided the required property irons have been located and the required permit is obtained prior to fence installation. COUNCIL ACTION: ccag0797.no2 CITY OF COLUMBIA NEIGNTE Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other fi. Zoning: Applicable City Ordinance Number Section Present Zoning Proposed Zoning Present Use Proposed Use 7. Reason for Request: J~ ~~.. Acknowledgment and Signature: The undersigned hereby represents upon all o£ the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that/a~,l statements herein are true and that all work herein mentioned-will be done in a~6or~ance with the Ordinances of the City of Columbia Heights and the laws of the State/6f ~Pinnesota: JUHo ~,1997 I~:43PM ow' ow- LPHD BLIRVE'_Y 1~ I I0. 408 P. 2' 2' _J CITY COLINCIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~ Planning & Zoning//~,%/~h%--~APPROVAL ITEM: Special Purpose Fence, Edwards BY: Tins Goodroa~L-w BY.-~~~~~x~ 7'% NO: Case ~9707-22, 1137 N.E. 42 1/2 Ave. DATE: July 7, 1997~ The Planning and Zoning Commission reviewed the request of Mr. Jon Edwards for the approval to install a six (6) foot high picket style wood privacy fence along the east side of the house at 1137 N.E. 42 1/2 Avenue. Planning and Zoning Commission and City Council approval is required for all fences which lie in the front and/or to the side of any house and exceed 42 inches in height. The signatures of consent have been received from the adjacent property ~wners. The Planning and Zoning Commission unanimously recommend approval of this request as presented. RECOMMENDED MOTION: Move to approve the request for a six (6) foot high special purpose privacy fence along the east side of the house at 1137 N.E. 42 1/2 Avenue as requested provided the required property irons have been located and the required permit is obtained prior to fence installation. COUNCIL ACTION: CCAG0797.N0t Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other 2ITY OF ~BIA HEIGHTS Application Date: Cas. No: Date Paid ~ Street Address of Subject Property: l) ~/'')' (-~ ~'/~ F~VY- /'''~ 6 :2. Legal Description of Subject Property: Applicant: Address: Phone: Description of Request: Phone: Zoning: Applicable City Ordinance Number Present Zoning. Present Use Section 'Proposed Zoning Proposed Use 7. Reason for Request: Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The undersigned hereby represents upon all o£ the penalties o£ law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance wi~h the Ordinances of the City of Columbia Heights and ~he laws of ~he S~ate of ~innesota. Taken By:, PROPOSED FENCE LOCATED 6" IN FROMIERTY LINE ON NORTH A~,~ST SIDE -..' ALL PORTIONS OF FENCE, FOO~NGS INCL'~D. WILL REM,UN INSIDE PROPERTY ~?"'--'--'~Am~~mmmmmmmmmm~'mmmmmm~ EDWARDS FENCE TO ADJOIN LACOUNT FENCE AT THESE CORNERS. CORNER POST WILL BE PLACE 6 INCHES IN (EDWARDS SIDE) FROM PROPERTY LINE CURB (appllcaut' s name) (height of fence) request your written consent to cc~struct (type of fence, w~terial and m~ke-uD finish) upon my property / (applicant ~ address) ' in fr~m my property line. (distance) A true and accurate sketch of the location of the fence on the ap_pLicant's property. (Be accurate in your measurements; it will avoid later misunderstaudings mhd conflicts. ) Acknow!ec~ment, and Si~atur~. ~he undersigned fully understands the request herein mentioned ~ud agrees,~o consent to its height, type and location. /"i" Signature f ,~'~"~.~ ~ (~'~ ~ ~ // ~; Address i/~?~/~- d/.~ ~ ~V~' CITY COUNCIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: CONSEN/ ORIGINATING DEPT.: CITY MANAGER NO: ~ Planning & Zoning ~ APPROVAL ITEM: Special Purpose Fence, Edwards BY: Tins Goodroa~ BY.~~ NO: Case #9707-22, 1137 N.E. 42 1/2 Ave. DATE: July 7, 199I ~ ~J~%~({ The Planning and Zoning Commission reviewed the request of Mr. Jon Edwards for the approval to install a six (6) foot high picket style wood privacy fence along the east side of the house at 1137 N.E. 42 1/2 Avenue. Planning and Zoning Commission and City Council approval is required for all fences which lie in the front and/or to the side of any house and exceed 42 inches in height. The signatures of consent have been received from the adjacent property ~wners. The Planning and Zoning Commission unanimously recommend approval of this request as presented. RECOMMENDED MOTION: Move to approve the request for a six (6) foot high special purpose privacy fence along the east side of the house at 1137 N.E. 42 1/2 Avenue as requested provided the required property irons have been located and the required permit is obtained prior to fence installation. COUNCIL ACTION: CCAG0797.NO! CITY OF MBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Date: ~--~ Ca,eNo: Fee: /~-~_3 Date Paid.~'~ Rec.ipt No,, P-/ Street Address of Subject Property: 12, Legal Description of Subject Property: Applicant: Description of Request: Phone: Zoning: Applicable City Ordinance Number Present Zoning. Present Use Section Proposed Zoning. Proposed Use Reason for Request: Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Ninnesota. Signature of Applicant,~~~2~-~c-~ Date, .~'~,..~C.5- ~ '? Taken By: .___ PROPOSED FENCE LOCATED 6" IN FROM~I~ERTY LINE ON NORTH A~,IST ALL PORTIONS OF FENCE, FOOTINGS INCLI~IIS, WILL REMAIN INSIDE PROPERTY LINES EDWARDS FENCE TO ADJOIN LACOUNT FENCE AT THESE CORNERS. CORNER POST WILL BE PLACE 6 INCHES IN (EDWARDS SIDE) FROM PROPERTY LiNE DECK SIDE CURB CURB (applicaht' s nam~) a (height of fence) request your written consent to c~nstruct (type of fence, material' and m~ke-up flhish) upon my property at (applicant' s ad~ress ) distance) The fence will be situated in from nV property ~ ~ne. A true and accurate sketch of the location of the fence on. the app~cant's property '~Be accurate in your measurements; it will avoid later misunderstandings and conflicts. ) Acknowiedsement, and .Signatu~e~. 5he %uudersigned fully understands the request herein mentioned and agrees~gto consent to its height, type and location~ Signatu~~ /~J ~ ; Address " '' ' AGENDA SECTION: Consent NO. ITEM: 1997-98 Animal Control Services NO. Contract CITY COUNCIL LETTER Meetin~ of: July 14, 1997 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson D,ATE: July ?, .19,97 CITY MANAGER APPROVAL: DATE: '? Attached is the 1997-98 animal control services contract with North Metro Humane Society. The Humane Society has been providing these services to the city of Columbia Heights for several years. Inquiries into other animal service providers has not produced a more cost effective method of providing this service. The Humane Society has proven to be a very good parmer and has performed their services very well. The proposed 1997-98 contract begins August 1, 1997, and expires July 31, 1998. In order for the Humane Society to meet expenses, the following changes were required for this year's contract. In the past, the first day of boarding has been free. This practice will change and all days--beginning with the day one--will be charged the $10 daily fee. The minimum monthly contract fee will be $500. In the past, our monthly fees have been well over this amount. The transportation fee went from $32 to $36. We have budgeted for the changes listed above in the 1998 Police Department budget. RECOMMENDED MOTION: "Move to authorize the Mayor and City Manager to enter into a contract with the North Metro Humane Society for animal control/impound services for the contractual period of August 1, 1997, to July 31, 1998, and that funding for these services be provided for by the Police Department budget 101-42700- 3050." TMJ:mld 97-264 COUNCIL ACTION: · North Metro Humane Society CONTRACT THiS CONTRACT, MADE AND ENTERED INTO THIS / ~ ~AY OF Ga~'~ SOCIETY"AND THE CITY OF HERnINAFTER- REFERRED TO AS "MUNICiPALItY". WHEREAS· TEE MUNiCiPALITY IS IN NEED OF ANIMAL CONTROL - SERVICES· AND WHEREAS, THE HUMANE SOCIETY IS QUALIFIED AND WILLING TO PROVIDE SUCH AN ANIMAL CONTROL PROGRam, AND THE MUNiCiPALiTY WISHES TO PURCHASE THESE SERVICES FROM THE HUMANE SOCIETY i~ ACCORDA~;CE WiTH THiS ON.R..~, THEREFORE, iN CONSiDERATiON OF _HE MUTUAL HEREIN, i_~' iS AGREED .~ND UNDERSTOOD .-.S FOLLOWS: TERM OF THiS CONTRACT S~;ALL BE FRO~ PROVIDED HEro,iN. BASIC SERVICES THE HUMANE SOCIETY AGREES T~ PROVIDE T.-~.E FOLLOWING SERVICES: 1. SHELTER FOR ANIMAL DROP-OFFS ON A 24 HOUR BASIS. PICK UP AND TRANSPORT ANIMALS TO THE SHELTER ON WEEKDAYS FROM i:00 PM TO 4:00 PM EACH DAY AND ALSO ON WEEKENDS FROM 1:00 PM TO 4:00 PM DEPENDING ON STAFF AVAILABILITY. RESPONSES TO REQUESTS FOR. PICKUPS AND TRANSPORT WILL BE HANDLED IN THE ORDER IN WHICH 'THEY ARE RECEIVED AT THE SHELTER. INDIVIDUALS MAKING THE REQUESTS WILL BE ADVISED OF THE APPROXIMATE TIME WHEN PICKUP WILL BE MADE. ANIMAL EX~qINATIONS AND VETERINARY CARE (WITHIN THE SCOPE OF OUR ABILITIES) AS REQUIRED WHENEVER STAFF IS AVAILABLE. 4. BOARDING FOR UP TO FIVE (5) DAYS. o EUTHANASIA AND DISPOSAL OF ANIMAL iF REQUIRED. 1411 Main Street NW, Coon Rapids, MN 55448-1425 (612) 754-1642 III. IV. HANbLR ,ALL ANIMAL ABUSE/NEGLECT CASES IN THE ANOKA ~UNTY AREA IN COOPERATION WITH MUNICIPAL OFFICIALS · WHEN NECESSARY· ' RESPONSIBILITIES OF THE MUNICIPALITY THE MUNICIPALITY SHALL CALL THE HUMANE SOCIETY FOR PICK-UP OF ANIMALS DURING NORMAL BUSINESS HOURS, AS SPECIFIED ABOVE, OR WILL TRANSPORT ANIMALS TO SHELTER ON A 24 HOUR BASIS. AFTER NORMAL BUSINESS HOURS, THE MUNICIPALITY SHALL OBTAIN TREATMENT FOR INJURED ANIMALS THAT ARE IN A LIFE-THREATENING CONDITION. THE HUMANE SOCIETY WILL PiCK UP ANIMALS AS SOON AS POSSIBLE AFTER TREATMENT. COMPENSATION THE MUNICIPALITY SHALL PAY THE HUMANE SOCIETY THE FOLLOWING FEES: .A MINIMUM MONTHLY FEE OF $500.00. ARE AS FOLLOWS: SPECi~ CHARGES A. IMPOUND FEE: AN ADMINISTRATIVE CHARGE OF $32 00 PER ~N~AL FOR THE ~T ~ D~Y ....... ~_RS~ OF IMPOUND. BOARDING FEE: $!0.00 PER DAY, PER ANIMAL, FOR EACH DAY AFTER THE FIRST DAY OF iMPOUND. QUARANTIN~ ~==' iN ADDITION ~ ~'= ...... -~ ~H-- REGULAR BOARDING FEE, $5.50 ~ER DAY, PER ANIMAL, FOR ALL ANIMALS WHICH MUST BE QUARANTINED. D o TRANSPORTATION FEE: FLAT CHARGE PER CITY. VET SERVICES FEE: $32.00 PER HOUR. F. EUTHANASIA FEE: $ .35 PER POUND DISPOSAL. G. VACCINATION FEE: $3.00 PER ANIMAL H. EUTHANASIA SOLUTION FEE: ! CC ADDITIONAL .5 CC PLUS .08. $3.80, EACH THE MUNICIPALITY WiLL NOT BE CHARGED THOSE COSTS RECOVERED FROM PET OWNERS. CHARGES FOR SERVICES: ~SHALL BE PAID MONTHLY OR ~ WITHIN THIRTY (30) DAYS' AFTER SUBMISSION OF THE MONTHLY CLAIMS BY THE HUMANE SOCIETY TO THE MUNICIPALITY. V. COMPLIANCE WITH LAWS IN PROVIDING ALL SERVICES PURSUANT TO THIS CONTRACT, ~HE ' HUMANE SOCIETY SHALL ABIDE BY ALL STATUES, ORDINANCES, RULES AND REGULATIONS PERTAINING TO OR REGULATING THE PROVISION OF SUCH SERVICES, INCLUDING THOSE NOW IN EFFECT AND HEREINAFTER ADOPTED. VI. AUDIT DISCLOSURE AND RETENTION RECORDS THE HUMANE SOCIETY AGREES TO MAKE AVAILABLE TO DULY AUTHORIZED REPRESENTATIVES OF THE MUNICIPALITY AND, EITHER THE LEGISLATIVE AUDITOR OR THE STATE AUDITOR, FOR THE PURPOSE OF AUDIT EXamINATION PURSUANT TO MN. STAT. i6~.06, ANY BOOKS, DOCUMENTS, PAPERS AND RECORDS OF THE HUMANE SOCIETY THAT ARE PERTINENT TO THE HUMANE SOCIETY'S PROVISION OF SERVICES HEREUNDER. THE HUMAME SOCIETY FURTHER AGREES TO MAINTAIN ALL SUCH REQUIRED RECORDS FOR THREE (3) YEARS AFTER RECEIPT OF FINAL PAYMENT AND THE CLOSING OF ALL OTHER RELATED MATTERS. Vii. i~[SURA~;CE ~=E HUMu!NE SOCIETY SHALL ~ URC .... S~, E=~=~ DURING THE TERM OF THIS CONTRACT AND PROVIDE PROOF OF T~iE~ FOLLOWING iNSURANCE COVERAGE: a o WORKER'S COMPENSATION: COVERAGE AT STATUTORY LiMiTS AS PROVIDED BY THE STATE OF MINNESOTA. COMPREHENSIVE GENERAL LIABZLITY~ COVERAGE SHALL HAVE MINIMUM LiMiTS OF $I,000,000 PER OCCURRENCE, COMBINED SINGLE LIMIT FOR BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY. Co BUSINESS AUTO LIABILITY: COVERAGE SHALL HAVE MINIMUM LIMITS OF $500,000 PER OCCURRENCE, COMBINED SINGLE LIMIT OF BODILY INJURY LIABILITY AND PROPERTY D~MAGE LIABILITY. THIS SHALL INCLUDE OWNED VEHICLES, HIRED AND NON-OWNED VEHICLES AND EMPLOYEE NON-OWNERSHiP.' CURRENT, VALID INSURANCE CERTIFICATES MEETING THE REQUIREMENTS HEREIN IDENTIFIED SHALL BE FILED WITH THE MUNICIPALITY BEFORE THE SIGNING OF THIS CONTRACT. ALL POLICIES SHALL PROVIDE, AND THE CERTIFICATES iSSUED SHALL EVIDENCE, THAT THE MUNICIPALITY WILL BE NOTIFIED IN WRITING AT LEAST THIRTY (30) DAYS PRIOR TO CANCELLATION OR MODIFICATION OF COVERAGE. VIII. IX. EARLY TERMINATION THIS CONTRACT MAY BE TERMINATED BY EITHER PARTY, WITH OR WITHOUT CAUSE, UPON THIRTY (30) DAYS WRITTEN NOTICE, DELIVERED BY MAIL OR IN PERSON, TO THE OTHER PARTY. FOR PURPOSES OF SUCH NOTICE, THE ADDRESSES OF THE HUMANE SOCIETY AND MUNICIPALITY ARE AS FOLLOWS: GILES KOBILKA, EXECUTIVE DIRECTOR NORTH METRO HUMANE SOCIETY 1411 MAIN STREET COON RAPIDS, MN 55448 cITY MODIFICATIONS ANY MATERIAL ALTERATiONS~ MODIFiCATiONS OR VARIATIONS OF THE TERMS OF THiS CONTRACT SHALL BE VALID AND ENFORCEABLE ONLY WHEN THEY HAVE BEEN REDUCED TO WRITING AS AN ~_~ENDMENT AND SIGNED BY THE PARTIES. X. ENTIRE AGREEMENT i',' iS UNDERSTOOD AND AGREED BY THE PARTZES THAT THE ENTIRE AGREEMENT OF THE PARTIES IS CONTAZNED HEREIN AND THAT THE CONTRACT SUPERSEDES ALL ORAL AGREEMENTS A~D NEGOTiATiONS BETWEEN THE PARTIES RELATING TO TEE SUBJECT MATTER HEREOF AS WELL AS ANY PREVIOUS AGREEMENTS PRESENTLY iN EFFECT BETWEEN THE HUMANE SOCIETY AND THE MUNiCIPALiTY. T,~'H~ PARTIES HERETO REVOKE ANY PRIOR ORAL OR WRITTEN AGREEMENTS BETWEEN THEMSELVES AND AGREE THAT THIS CONTRACT iS THE ONLY AND COMPLETE AGREEMENT REGARDING THE SUBJECT HEREOF. HU.~L%NE SOCIETY CITY OF BY: TITLE: BY: TITLE: BY: DATE: CITY COUNCIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY DEPARTMENT: MANAGER'S NO: SPECIAL PROJECTS APPROVAL ITEM: Request to Dispose of Ci ty Equipment BY: JEAN KUEHND~,~ NO: d.~ -/l~ ,/~ DATE: June 30, 1997 The acquisition of the hard wired microphones has made it unnecessary to retain all of the wireless microphones we currently have. Also the new Mackie 16 mixer has replaced the IRP 41 mixer module functions. We had a total of 12 lapel/lavaliere style microphones plus the larger podium microphone. Two of the older microphones are in poor working order and are of little value. One of the newer microphones has been transfered to our Police department for use with their surveillance equipment, since it is compatible with that equipment. It is our intention to keep five (5) of the lavaliere microphones, as well as the hand-held podium microphone. Training and other uses of the Council Chambers could be enhanced with the use of these microphones. All six of the microphones to be retained are in the newer group that were purchased by Meredith Cable Company in 1995. Only one of the microphones to be offered for sale, is of the newer group. The microphones recommended for sale are: Shure L3 180.400-#3 Shure L3 182.200-#4 Shure L3 183.600-#5 Shure L4 171.905-#6 The IRP 41 mixer was acquired three years ago when the equipment was reconfigured by the Cable company. The Mackie 16 was purchased along with the hardwired microphones and is better able to handle the mixing needs of these microphones and still allows for the use of the wireless microphones that we are keeping. The disposition of the microphones and mixer was discussed at the June 19,1997 Telecommunications meeting. The Commission recommended that staff request Council approval to sell the above identified microphones and the IRP 41 mixer, through sale or consignment, while insuring that the City obtains the best price for this equipment. RECOMMENDED MOTION: Move to authorize staff to sell through notification, advertisements or consignment, four (4) Shure Wireless microphones and the accompanying receivers and the IRP 41 mixer. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: Consent NO. ITEM: Purchase of Motorola Modem Units ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: July 8, 1997 CITY MANAGER APPROVAL: In 1996 the Police Department began the process of replacing mobile digital terminals (MDT) units with lap top computers. The propose of this change was to give us dual functionality with the computers instead of dumb terminals that could only send and receive information. The lap tops allow us to send and receive information and complete reports which are then copied on disk and turned in at the end of the shift. The first two lap tops are now in the squads and are being used. We are still working on the report forms for the word processing side of this equation. We now feel confident enough with the functionality of the system to order additional units. It should be noted that our original request was for two lap top computers and two Motorola modem converters. Because we were able to purchase the computers via a federal grant, we are asking to buy three Motorola converters at a cost of $3,200 each, or $9,600 total. The money for this purchase has been budgeted in the capital improvement fund. RECOMMENDED MOTION: "Move to authorize the City Manager and Mayor to purchase three Motorola modem converters at a cost of $3,200 each for a total of $9,600, with the money being budgeted in the capital improvement fund for 1997." TMJ:mld 97-265 COUNCIL ACTION: BRC F]:NANCIAL SYSTEM 07/10/97 .lob: 00: .1.9 F'UND RECAP ;: I-':'LJND 101 20.1. 202: 20B 204 2(:) 5 2:].2 2.1.3 225 235 240 250 274 2.76 402 4.'1.2 60:]. 602 60;:; 609 701 7.1.0 720 880 88:.':'.': 8,!-35 886 887 I)ESCR I F'T I Ol,l GE:NE:I-(Al... COMML.INI]"Y DEVEI...OPIqE:NT F'UND ANOKA C:OUNTY C]DBG F'ARI<V.T. EW VII...I...A NORTH ECONOMIC DE:VE:L.C~PM.F..hlT AUTN SECTION 8 STATE Ail) MAZNTENAtqC.:E PAF:.'KVIF.'.::W V]:I...I...A SOUTH C:ABI...E TE]_EV I.c.; ]: 0t',I RENT'AI... I-IOU~ING L ]: BRARY COl_. NGNTS AFTlii:R SCHOOl... ENF,.:Z COPS GRANT -- OVtERT]:ME: I...OCAI... LAW E:NF'-OF:.'CE BI...I< GRANT STATE AID CONSTRUC'TION C;AF']:TAL .'[t~tPROVI.;:]~JENT F'ARK~ WATER UTII...]:TY SEWliER U'T]:I...Z TY RE:FUSE F L.II'-tD I_.T. QUOR CF.:'NTFL'AL. GARAGE: ENERGY MANAGEMENT I)ATA PROCES,~i; ]:NG t':'EFd~I ]: T SI. ii-'( C H A R Gl.'.--. CONTF~,' I BL.ITE::O PROJI:.--.CTS-REC: CON'TR.T. BLYTED F:'F[,'O J E C TS -- G EI',I ]~ N~:;URAI',ICE: ESCROW ZN~dESTMENT :'RUST Ft...E.X B.F.':NEF.'I:T TRUST F'UND TOTAL ALI... FUNDS BAI-tI( RECAF:': BAI',II( FLAME: BANI( CHEC::KING AC COI...Ii-I][' 'TOTAl... Ai_I... BANKS Check Nistory D I SBURSEMENTS 60,828. OB 3,747,,74 4,682.30 3,109,,75 423.B4 .1. 6,370.08 4 :, 412.4I 1,547 ,, 94 7,648 ,, 26 22.13 4 :~ 214.60 1,640.43 263 ,, .1. 2 2,885.18 3,064.07 2,200.00 887.4.1. 58 :~ 4:1.3.68 .1.02 :, .1.24 ,, .1.2 29.1. :~ 204 ,, 6.I. 4 :~ 284.33 2,970.58 ~40.40 405.99 4 :, 000.00 .1., 060.00 .1.9,7.1.8.00 205,32.1.. 28 .1. :, .t. 3.=, :, 000.00 5,994.. :1.0 949,383.88 D t S B lJ t-~ S I}.]~II.T.I,I ]'' S ! :, 949,383.88 .1. :.. 949, ;:~8~':;. 88 BRC F]:NANC]~AL SYSTEM 07/10/97 .1.3:0 Check History ?/14/97 COUIqC]:I... I...IST CITY OF COI_.UI~IBIA I-IIF..]'.GHTS GI...5401:~'-V05.00 I='AGE .1. BANK VENDOR CI-IIECI( I,IUMBIEI:~ AMOUNT BANI( CI.-tECI(ING ACCOtJIqT AAA STRIPING SERVICE INC AARF' ASF'EN M]]I._I_8, INC. BIEI_I_.BOY BAR SUF'PI_.Y BEI..LBOY CORF'ORATION BERGFOI:'(D TRIJC KZNG B I EF~N A T/GI...ADYS CZTY OF MAF:'I...EWOOD CITY F'AGE]8 COI_I_OVA/ CARME]...O DEMARS SIGNS EAGL.E WINE: COMF'ANY IER I C I(SON/GE]OF~(~E G A R D N E R / A D E I... I N E GENUINE F'AF~TS/NAPA AU'T'O GI...EASON/JAIqE GOVERNMENT F:'INANCE OFF'IC 8RZGGS--COOF'EF~ & CO GLJS'f'AF'SON/ROS~L Z ND JOI"IIqSON BROS. I...ZQUOR CO,, JOHNSON/SANDY I...]: TTE]~ G Z'f"f'EF~ MAGEE:/L. ]: NDA Id Z CI(IEI...SOIq, TRUSTEE:/J J M I N T E R -" W E :[ S M A N MN MUNICIF'AI._ BEVERAGE AS N S F' F:'EF:'8 t'"'COI...A-7 UP F'E;T-f'Y CASH -' GARY BRAATE PETTY CASI4 - JANZCE IdCGI4 PETTY CASH - KAREN MOELI.. F'HZI_.I..]:F'S WII'IE & SF:'IRTS F"]:NNACLE DISTR F:'RIOR WINE QUALITY WINE: & SPIRITS RE I S/Al_ I SON RIES SPECIALTY PYROTECHNI ROB;[NSON/81-1ARON L SIMEKS -' H]:I...LTOF' STANDARD FIANDL. ING STEE:L TE:CFI INC VOSS I...]:GNT ];NG WAL. KE:R/AMY WZNSON/IdARK ABI..E: F*ROF'ERTY MANAGEMENT ACCAF' BAMF'CJRD/PHI.. I P 65872 4 :, 970 ,, 66 6587.'.3 2;:;2. O0 65874 233.73 65875 .1., 099 ,, 65 65876 7 :, .300.00 65877 530.40 65878 .1.00 ,, 00 65879 60 ,, 00 65880 420 ,, 00 6588.1. 924 ,, 00 65882 250 ,, 26 65883 657 ,, 22 65884 65 ,, 00 65885 200 ,, 00 65886 75 ,, .1. 65887 .1..1. ,, 07 65888 75 ,, 90 65889 17,556.57 65890 24:1.84 65891 1:1., 628 ,, 40 65892 200 ,, 00 65893; 98 ,, 00 65894 256 ,, 88 65895 276 ,, 65896 6,486 ,, 33 65897 590,00 65898 3,55:1. ,, 53 65899 34 ,, 66 65900 94 ,, 40 65901 65902 60 ,, 2:[ 65903 14,123,,45 65904 220 ,. 85 65905 ~, 042.15 65906 1,537 .. 52 65907 93; .. 28 65908 6,000 ,, O0 65909 58 ,, 12 65910 67 ,, 96 6591.1. 582 ,, 36 659:1.2 183.58 65913 .1. 1~:; ,, 10 659.1.4 200 ,, 00 65915 1 :Lg,, 4:1. 65917 358. O0 659:1.8 987.00 659:1.9 549 ,, 00 BF(C FZNAt'tO]~AL SYS'f'EM 07/10/97 13:0 Check History 7/.1.4/97 COUNCIl... I,.,ZS'T CI'f'Y 0t=COL. UMBIA HIEZGHI",S GI...540R-V05,, 00 PAGtE 2 BAN K VENI)OR CHIF..C t< NUMBE~R AMOUNT BAFII< CHIECKZIqG ACCOL~IqT BATI'-I/JAMI.:.iS I... BIER(~ I'~t~OPERT IIES BIERG/R I [;HARI) B(,~E TTCHER/L.ARRY CI"I F:'ROF'E:R'TZ E:S CROC I<E'T'T/JAMES :OZ Z E])Z ]: C/PAUl... E]...Iq QU Z S T/ARNOI...D C F' :[ ND E:L L./D OI'IAL ~) O'Alq SOtq/GIEIRAI...D C[OTBI...AD/DW ]: GHT K O S lIE R / K E: N N E T I"1 KOWAI,..ZE: I(/I--IAIRVE:Y L. ANC;IE/DAVE: t.,,ARSON/SLJSAN I...C)IEWIEIq TH AI.../KURT I...U1)E:MAN/]: VAN D lqANGUM/YVONNE ~ WZt...I...]:AM MIETRO NRA PO M Z I...t...E:F~/I...YI,..IE MC)I)E:LI.../F'AUL, fi~AMFiAIR ]: FIE:/GANG A STAUCH/L.E],..Alql) SWANSON/BRADt,.,EY J 'TOWNHOUSE>"AF:'T MANAGEMENT TR ]: S KO/F'IRAtq K W F' BAUER COtqSTRUCTZON WA K[EMAN/I.,.AFd:(Y GENIEE WE:AVER/BOt,INIE & MAUR:I:CE YOUNGRE:N/DAWN A]:D E:I...E:CTRtC SERVICE INC BELl_BOY BAR SUF'F'I...Y BEL. L. BOY CORPORATION COLUMBZA HEIGHTS COMP U[;A DUST Z N/R ICHARD E Z DEN/KATHL. EEN F l SCHER/TED FOCUS NE~SP~F'ERS JZNDRA/F'ATRZCZA OOL. L.Y/DONALD KRAUS-~N~IERSON L. OADER/F~E:BE:CCA MED :[CA CHOICE t~IE:TROF'OL..]:TAN COUNCIl... WAS M l NTER-'WE I SMAN MFI F~E:CREAT]:ON & PARK ASS 65920 49.00 65921. 4.1.7.00 65922 476.00 65923 691.00 65924 106.00 65925 432,, 00 65926 486 ,, 00 65927 .1. :, 057 ,, 00 65928 587 ,, 00 65929 355 ,, 00 65930 449 ,, 00 6595.1. 432 ,, 00 65932 477.00 65933 .1. 5 ,, 00 65934 570 ,, 00 65935 688.00 65936 402 ,, 00 65957 3.1. 4 ,, 00 65938 590 ,, 58 65939 382 ,, 00 65940 .1. :, 09.1. ,, 00 6594.1. 62.'1.. 00 65942 504.00 6594.5 399.00 65944 366.00 65945 .1.92.00 65946 2:t. 6 ,, 00 65947 690.00 65948 44.1. ,, 00 65949 270.00 65951 27.89 65952 464 ,, 84 65953 .1. :, 670 ,, 55 65954 4 :, 363 ,, 16 ~55955 764.95 65956 70. O0 65957 32.00 65958 243 ,, 54 65959 684.90 65960 35 ,, 00 6596.I. 4.45 65962 .1.2,977.95 65963 :15.98 65964 286 ,, 80 65965 57 :, 407. O0 65966 '~? c'.~:- ,.~ :, :,',...,., ,, 85 65967 800 ,, 00 BRC FII'.IAI-IC]:AL.. SYST'F.]'I 07/10/97 13:0 Check l~listory 7/.1.4/97 COLJI~C]:I.. I...]:ST CZTY OF:' COI..I.,.IMB];A I-IE.'[C')HTS GI..540F;.:-k/05.00 I":'AGI.:.i 3 BAhiK VENDOR CI.-IIEC, K NI. JI~IBIEI:'..: AMOLJN]" BAI,I K CI'-IIECI(ZI,IG ACCOILJI'.IT FIN tJMF'.'[RE ASSOC ;';,O'OANhl I',1 S F' F'IETTY CASH --. KARE:hl MOE]...I_ F'.T. hlhiACL.F.. D]:STR QI. JAL.:[TY l,,J].'hlE & SF'IRZ]'S ROGER/JOI-It-I SCHM ]:DT/JEAFfZ NE M STAR TF;.']:]SUhlE S'¥'U F.:D['i:VAhi T/JOSE]::'I-I S TOM'S MECHANICAL hlUSIC WAVE: TEC':HhiC)L..OG.'[ ES :: hiTEL. W ZNIE COMF'AFIY/TI-IEE WORL..D CL..ASS WIhILE Zt.~I-'IF'~Ahi SH.T.F,.:IE F'I_YERS AI',IOI{A COUhiTY SOC]:AL Bli.']CKEI.:: COLIhiTY {:;I-I]:L..]() SI. JF:'F:' F:' ]:I:4ST C:OMMUhi ]:"I"Y CF,,:E::O I ]" U GREAT WEST I....'I:F'LE & I--IIEAL..TH F:'A F;:"l"hi EF;,'S :[CMA RET:I;REMENT TF~I. JST 45 ]:SAFIT]: C. OUN]"Y F:'AM]:L..Y Mli:'.D Z CA CI-IO ]:CIE M :I]I',IhllESCY'f'A MUTUAL. L.. Z F:'E MI'I STA'f'IE R:IF_'T.'[F;,'EMIEI'-IT SYST NC)F:-:HE,¢.'i:"I'' BAhiK .... PAYF:OL_L. A I:'E:RA -" Dr:EF:' I hIED CON'¥'F;.::[ DfL..rf' F'LEI-~ t":'OI...ZCE F:4EI...]]Er" I='UlU..cL. ]: C:: MANAC':iER,C.~ ASSOC]:A]" STATIE CAF']:TOI_ CRE'.D]:'¥ LJhi].' LJhlZ Obi 12:L6 Uhi]:Ohl ;.'~ 20 I'IORTHE:AST S]"ATIE BANK A]:R TOUCI-I CELLUL..AR A"I" &'l" BA KER/NORMA CI"ItSAGO LAKES" D.T.S]"RZ.'8',LrT'Z COL..I_OVA/ CARMEI...O D L:i:HM E:F;:/~LJL. l E EAGI_E WZNE COMF'ANY FL..ERI~IOtEN/DAWhi t.'.gR:[{~tSS-'COOF'ER & CO FIOFIEhIS-f'E ].' his I I"IC JOHhiSOFI BROS, L.T.t~UOR CO. JOHhi,%Ohl/ThiOMAS M J{]hiES/MAF~GARE]- A I'1 S F:" 65968 2 :, 192 ,, 00 65969 50.28 65970 72 ,, 96 6597.1. 274.00 65972 .1. :, 08:1.. 15 65973 97,,67 65974 3.89 65975 97 ,, 82 65976 259.66 65977 500.00 65978 995 ,, 00 65979 224 ,, 05 65980 2 :, 187 ,, 2 6598 .1. 500 ,, 00 65982 65 ,, 00 65983 33 ,, 2.1. 65984 2 :, 83'; 5.00 65985 4 :, 093 ,, 50 65986 :1.3 :, 663.76 65987 6 :, 988 ,, 89 65988 163,44 65989 22 :, .1.89.65 65990 :1. :, 002';. 00 6599.1. :1. :, 314.00 65992 :1.30 :, :L92 ,, 33 65993 2:1. ,, 321 ,, 65 65994 94.62 65995 .1. :~ 406 ,, 60 65996 60.00 65997 .1., 370.00 65998 80.00 65999 922.00 66000 .1... :L 35 :, 000.00 66002 52 ,, 56 66003 29 ,, 41 66004 .1.2.1. ,, 75 66005 10.. 590 ,, 90 66006 2 :, 072 ,, 00 66007 .1.4 ,, 8',:.:, 66008 800 ,, 66009 2:0.00 66010 1.1..,, .':.1.0'7 ,, 04 6601.1. .1.4 :, 363 ,, 65 66012 .1.4 :, 0:1.8 ,, :.'%:.': 66013 22". ,, 68 660.1.4 .i~3.1. ,, 8:1. 660:1. 5 :':';98 ,, 56 BRC FINAI`ICIAI... 8YS'FEM 07/10/97 13:0 Check History 7/.t. 4/97 COUNCIl_ LIST CITY OF COL.UMBZA I.-IEtGI4T'S GI...540R-V05 ,. 00 PAGE 4 BAl`ll( VENDOR CI~IEC K NUMBER AMOUNT BANK CHECI<ING ACCGUI,IT NORTH STAR ICE F'ETTY CASH - GARY BRAATE I='IETTY CASH - JANICE MCGH F'HII...I....T.F'S bIINE & SPIRTS F'l:;: I OR W t I'-IE STAI:~,' 'f'R Z U S WES'T' COMMtJI'-IICATIOI',I,C.} A T&T ~II;-:.F.']...ES8 ACE HARDWARE AD I AID EL.E}CTR]]C SERV]~CE A IR TOUC'.H CI.'ZI...LLJl...AI:,' AI...EXANDER BA'T'TER]]E8 AI...I... FIRE TEST' ALF'HA VI ]OEO AMERICAN AGEI`ICY II"IC AMERICAN BLIRNER ,SERVICE AME]:~.I]CAN I...]]NI.'ZI'I 81.JPI='I...Y CO AMERICAN F:I...ANN]]PtG ASSOC., ANOKA COUI'ITY ANOKA COLII'-I'/"Y L. AW F]~IF'ORCE ANOKA COUI`tTY I...IBRARY AI`IOKA CTY I-I]}STORZCAL SOC ARAMAR K ASI--'EN PI ]: I...LS :~ ]] NC BAKER & TAYLOR BANYON DA'TA 8YSTEi~t:-]; BAI:,'I'-IA GUZY & S'f'EI"'I::'iEN I_TD BAUIER BUILT -{']]F,'E & BATTE BI'.T. RNICK Al'ID L. IFSOI`I BZFF' 'S, !htC. BIG BOB'S REPAIR SHOP BZG BOBS CARPET BI...UEI~tEI...S 'FREE SERV.1]CE BOOK PROPS BRW IN[.] CAP]:TOL F'URNITLJRE SAI...ES CATCO PARTS SERVICE CtEN-"A-VAC. CENT'RAI_ STORES CHASKA CHEMICAL CO INC CHEMSEARCH CITY PAGES CITY WIDE t...OCI'(SMITH];NG COCA--COL~ BOTTI....T. NG COLUMBIA HGTS'"'FRIDLEY KI COMM CEN'f'ER 66016 2:,846.16 660.t. 7 .1.97 ,, 67 66018 50.00 660.1.9 .1.5,588,, 86 66020 3,680.43 6602.1. 1, .1.24.52 66022 416 ,, :1.1 66024 5 ,, 56 66025 217.82 66026 .1.08 ,, 54 66027 17:1.. 89 66028 68 ,, 88 66029 40.49 66030 .1..1. ,, 7.1. 6603:t. 4 :, 865 ,, 78 6.4~0;'.'.';2 .1.6,508,00 66033 2 :, 200 ,, 00 66034 .1..1. 4 ,, 53 66035 149.00 660;56 2 :, 645 ,, 70 66037 153.36 66038 .1. :, 734 .. 68 66039 60 ,: 00 66040 .1..1. 7 ,, 52 6604:1, 280.00 66042 79 :[. :l 6 66043 .1. :, 205 ,: 48 66044 .1.8,843 ,, 8.1. 66045 228.40 66046 850 ,, 50 66047 845.94 66048 560.93 66049 405.21 66050 3, .1.79.03 6605.1. 33 ,, 00 66052 3 :, 064.07 66053 234.78 66054 369.63 66055 2.1.. 25 66056 54.56 66057 46.97 66058 230 ,, 68 66059 420 ,, 00 66060 58.97 6606.1. 73 ,, 50 66062 500 ,, 00 66063 55 ,, 8:I. BRC F.T. NANC]:AI_. SYSTEId 07/:1.0/97 13:0 Check. History 7/.1.4/97 COUNCIl.,. L. IS'f' BAN K VENDOR CHIF..C K NtJMBER BANI( CI41ECK];NG ACCOUNT COMF' USA ZNC CONTINENTAl_ SAFETY EQtJIF' DANKA OFF'FICE IMAGING CO DAVIES WATER EQUIP CO,, DIE MAR.S SIGNS DI£MCO DC)hlAGFIUE DOOF.'S INC DRAIN IdASTERS SEWER F HANSON ASSOC]]ATES F:ETZER/KELLY I='L.E:X COMPENSATION:, :[NC FL I'f'T'I E MARSHAI...L CONCRli.']T I--OCUS NE:WSPAF'E:R8 F"'F~ :[ DLE:Y--COI...UMB I A HE ]: GHTS F:'UEL.. OIL SERIVCE GAL_E RESEAF<CH CO. Gl_ASS MASTEF;.'S GL.ENWOOD ]:NG1...EWOOD GOOI)IN CO. (:]OF:'HER BEARiPIG COMF'ANY GRE:ATE:R ANOKA CNTY ,, HUMAN GRE]ENWAY GUT KAE:S/KAREN I--IAI...I.../AI',ITH 01'-I Y I"IAPF"EL/JEF;,'RY I"II.:.':AL. THSF"AN TRANS F:'OR lA T ]: 0 FIEI GHT8 BAKERY HIGHBR]]DGE COMF:'ANY H]:TEi:S F'LOr~AL. HOF"FERS PAINT HOME: I)E:POT II(ON £)F'FZCE SOLUTION ]: F:'C F'RINT]:NG :ITl.. PATCH COI'I,P~NY INC JOE SOHMITZ BOOKSELLER K MART KELLER HOME IMPROVEMENTS I(UI-ZTHER DIS'I,, I..EAE~UE OF MINNESOTA C:[TI I..EEF BROS ,, I_UC'ENT TECHNOI...OG.'[ ES-AT& MARl( VII DIST. MASYS CORP. MAYER DISTRIBUTION MCSZ f'INI S/RUSSEt_ MIEC. A SPORTSWEAR MED]: AT101'1 SERV. FOR ANOKA 66064 66065 66066 66067 66068 66069 66070 6607.1. 66072 66073 66074 66075 66076 6607:7 66078 66079 66080 6608.1. 66082. 6608~; 66084 66085 66086 66087 66088 66089 66090 66091 66092 6609,3 66094 66095 66096 66097 66098 66099 66.1.00 66.1.0.1. 66102. 66.1.03 66104 66.1.05 66106 66'1.07 66108 66.1.09 66.1.10 CITY OF COI,..LJldBIA I..IEI[:]HTS 61_.540R-V05,,O0 PAGE 5 AMOtJNT 2 .,, 232.06 410 ,, 2~; :[ :, 053 ,, 01 602.96 40.00 8;':; ,, 20 106. O0 45 ,, 00 75 ,. 00 19.1. ,, 28 400.00 .1. 83 ,, 07 729,,00 500 ,, 00 95 ,, 85 278.01 75 ,, 00 .1.9,, 76 :[ 04 ,, 79 4.'1. ,, ;'~9 546 ,, 9:1. ;':~7 ,, 28 .1, ,, 92...'0 ,, 50 .1. 50 ,, 00 2: :, 555 ,, 00 .1, 50 ,, 00 50.00 :1.0<2 ,, 75 .1. 2.'. ,, 78 .1. 72 ,, 53 68,05 6,0.1.5.79 .1.02,90 54 ,, 59 75,,56 .1.45 ,, :1.9 .1.0 ,, 3:1. .1. 0 .1., 898 ,, 8;':; 75.00 69 ,, .1.9 282,, 9;:; 20 :, 582 ,, 82 .1..,, 040 ,, 78 .1. 5;"~. 36 :1.;3 ,, 05 83;~. 50 .1. :, 494 ,, 48 BRC FINANC.T. AL. SYSTIEM 07/10/97 13:0 Check History 7/.1. 4/97 COUI,IC :1[1... I... I,~S'¥' CITY OF" COI_LJMB]:A HEtGHT,~.~ GI_540R-V05.00 PAGE 6 BAN K VE'.NDOR CHI=T.C K NUI~IBISR AMOUNT BAN I'( CI'-IIL'".C K II'.IG AC]:COt. JI'.I'i" MEDTOX L. ABORATORIES:, INC I~II.'":NARDS CASHWAY L.L.tMBEI~-F I'IE:RIT BA.'OG.F... COMF'ANY M I NAIf',' F'OI~D M.'I:NhI['i:AF'OL.:t:,c.~: FZQLJ.'I:F'M.-IE..hI'T' CO M ]: NIqlZSO"FA CO~-ICHE,C3 M.1:I',IhtI~i:E:O-I"A~:;I-.IREZDI) ]: NtB L..L..C H I NNE.,c.;OTA ,~. t..ll-I F'I. JBI....l: CAT I O M :I: hlhlE:,~ii;O-I"A ' E; BOO KE;-I"ORE Mt'-I FIRE: ~gl.::.':l";.:V.l:C::lii: CIi~.RT]:F'.T.C MI'-I ,~ii:'I"ATE: TRE:AS MOT':EON P ]: C"f'l.J F;.fl.::'. M'1" .'1: .'D :1: E:'¥ F;,' ]: BU'T' ]: big NA~.~F.;I."i:F:F F:t. UM).':'.CI:I'tG & HE:AT:[ IqE:L..E:ON [.'::HE:IiE,c.'.~E AND I)E:t...:t: NOF;.:'1"H I-IE:I',INEF:' ]:1'1 CC]MMUN I T'Y IqOR-t"HE:F~N A ]: R NYS't"F,~OM F:'LJBI_..'I: E~I"I]:tqG COI'1F"A OF:'F:' I [.'::ii: OL..YMF:":i:C E:t...IEC'i"F(]:C CO If, lC F:'E:OF'L..E: t. dE:E: KL..Y F'E:-f'T'Y C.'.A~H - RL'T. BECCA L.OA F' :1~ OhlE:E:F;,' PRE:SE; P I 'I"I'-IE:Y BCY,"JE:::.~ I... OI.J I :~'~V I I...L..IE F'L..E:'I"CI"I!i:Rii!; F:'L..UN KIE'I"'t- ' ,t~ :, .'I:I'-tC F:"F:," I N'f'E:RE: I;SEI'~'.V :[ CE: I NC R ,'.1' M]:I...LIiER F"L..LJMB]:NG & FIlE F,~AF"]:I) GF~APFIICS & MA.I:t...:ENG I~I'Z C 0 F;.:L'.'-. D BO01<~ F,,'ETA][I... .'OATA .c..~YS"I"EI'"t:.~ OF"' 1'"I R.T. VI~.:.R~;t-IORIE I":.'EZAD ll'qG -.~. TOF;:IiE I~OBI NSON L..AND,.'3CAP.T. NL-'J .'[hlC ~ & S ARTS & CRAI"-T~ ~; A"f'U F;.:J',I S F:' 0 F;: '1" ,c.'; W F.".] A F;,' .~l.::.".f4: C 0 I...A BL::; SI"tO F;.: E'v' ]]E W/C .'[ T Y OF .?]IMf.::I($ - HII...I_TOF" E;.'[ hlGL.E:-I"ON][ NTERi'-IAT I ONAL.. SM t TH/BOB ~C.IF-I"WA F~E: TA 3: t...OF::EI SC~LFI"HL::':RN ANOKA CGUhlTY CI-I ,c.~;QUE:E:GE:E: PRO WINI)OW CL. EA ,~F;,'OGA ' ,.c; AUTOMO'1-]:VIE". ::~¥'f' I::'AUL.. L:[htOL. F::UI~t AND C:AR ~c~'I"ATE: OF:' H]:NN'"'C::F:'V F'F~OC.=iRA 66.1.1.1. 28.50 661.1.2 7'.=',. 6.1. 661.1.3 9.05 66.1.14 ~7.17 66115 .1.18.07 66.1.16 :~80 ,. 00 66.1. 17 69 ,, 00 66.1..1.8 :.':; :~ '...:, ,, 60 66 .1..1.9 .1. 60 ,, 00 66120 .1.5.00 66 .1. ~:"..1. 40,:-3. ,, 68 66 J. 22 .1. 47 ,, 00 66.1.23 .1.95,, 49 66.1.24 193.20 66.1.25 .1.00.20 66.1.26 .1., 920.00 66.1.27 1.1.4.00 66.1.28 4 :~ 870. ~36 66.1.29 67 ,, 0.1. 66.1.::10 .1..1.8 ,, 00 66.1.3.1. 94.87 66.1.32 4.1.. 07 66133 .1.88.76 66.'1...~4 39.54 66135 75.1.. O0 66.1.36 66.1.37 .t. 5.50 66.1.38 .1., 989 ,, 76 66139 60.1.. 55 66.1. 40 28Z5.80 66.1.4:1. 545.03 66.1. 42 24.00 66.1.43 228.44 66.1.44 4.1..02 66145 755.00 66 ! 46 520.00 66147 267.2.'0 66148 33.98 66.1. 49 500.00 66.1.50 193..1.7 66.t. 51 828.5'2 66.1. 52 160 ,, 00 66.1. 53 53.25 66.1. 54 .1. 00.00 66155 4 .,~ 203.00 66156 .1..1.3,,36 66.1. 57 350 ,, 00 BRO F.T. IqAIqCZAI_ ,.~Y,.~'FEI'I 07/10/97 13:0 Check Hi s't'.o ry 7/.1.4/97 COUI,ICZI... I...Z,<!;T CZ'FY OF"' CC)I...LJMBZA HE;Z(:')H'I",~ GI...540F, l-V05.00 F'A6.11.:i:: 7 BAN I( VIEhtDOR CFII.-ZCK NUMBIF.:I::: AMOUNT I.')AI',tI< CI'-IIECI(ZI,I(3 ACCOUI',IT STRF::I;Ct~IE:R GL.IN'S ZNC/DOhl SUBWAY--A.J.N,, ZI.IC NORTHIE St..ILL..T. VAN/BARRY SYSTE:M,.c; SLJF'F'I_Y Il.lC,, 'f'AREiET STORES-ACCTS RFZC TAI. JTGE:S :, REDPATI-I :, & CO ,, :, T F;: U(:] F;.:E F.E N C:I--I .F.;I~IL.A WN t..I S E]'4GI:'<AVE]RS LIN I F'OF;.'t"Ki; UNL. I I'1Z TED Z NC WAI...I...ABY L.AI'.IES & BOOMERAN W Z I..I.::I:i;F::--E:L.L.Z.S CF..) WOC):DI...AKIE SAN]:TAF;:Y SE:RVZC Zlii:l:' I"I-ANLIF'AC'"I"tJF;.':[ big COMf"AN 66158 89. 66.1. 59 82.94 66160 1 :, 400 ,, 40 66.1.6.1. .1.85 ,, 66162 22 ,, 32 66,1.63 2,700 .. 00 66'1.64 31 ,, 95 66.1.65 .1.2.65 66:t. 66 294. :1. 5 66,11.67 ,1.89 ,, 75 66168 349 ,, 85 66:1. 69 .1. 00 :, 442 ,, 0.1. 66170 616.78 .1. ,, 949,3;83,88 *** To: From: Re: Date: Walt Fehst, City Manager Chadie Kewatt Rental Housing Licenses 07/11/1997 The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Thursday, May 1, 1997 Permit # Occupany I.D. Property Owner Name Property Address 10005 David Nelson 3911 Tyler Street F2178 10008 James Pastuzak 3933 Reservoir Boulevard F2159 10042 Robert A. Guzy Trustee 1000 41st Avenue F2146 10046 Britt Lundgren 1324 42nd Avenue F2152 10092 Donald Woods 4901 5th Street F2304 10501 Anoka County Community Action 1321 45-1/2 Avenue F2323 10502 Anoka County Community Action 3928 Tyler Street F2324 12006 Todd Braman 3879 Polk Street F2188 12025 William Westman 4909 Jackson Street F2137 12030 Jane Halek 4600 Fillmore Street F2198 12031 M. Ali 1224 Circle Terrace F2193 12032 Peter Kabanuk 1333 Circle Terrace F2179 12037 W. Tarey Peterson 3963 Polk Street F2191 07/11/199 15:07 Page 1 Columbia Heights Fire Dept Thursday, May 1, 1997 Permit # Occupany I.D. Property Owner Name Property Address 12038 Peter Kotzer 4203 2nd Street F2138 12039 Richard Deering 3824 3rd Street F2144 12040 Leslie Burchett 3747 2nd Street F2141 12041 Ronald Cadieux 665 45th Avenue F2320 12042 Eva Mokhtary 1230 Circle Terrace F2149 12043 Stephen Dziedzic 1262 Circle Terrace F2183 12045 Marvin Herman 1339 Circle Terrace F2160 12046 Dorothy Canfield 4943 Jackson Street F2154 12047 Matt Kraft 3830 Reservoir Boulevard F2169 12048 Richard Levine 3939 Tyler Street F2170 12049 Mark Boege 4127 2nd Street F2184 12050 Mark Hess 4031 2nd Street F2177 12061 Stephen Stenger 3967 Polk Street F2222 12064 Alvin Schubkegel 2012 43rd Avenue F2156 12068 Diaa Hassan 4317 3rd Street F2175 12070 Elizabeth Langley 3833 Reservoir Boulevard F2212 12074 Gary Magliato 4608 Fillmore Street F2213 12176 Timothy Johnson 4949 Jackson Street F2162 07/11/199 15:07 Page 2 Columbia Heights Fire Dept Thursday, May 1, 1997 Property Address Permit # Occupany I.D. Property Owner Name 12182 Jeffrey Caine 1343 Circle Terrace F2233 12182 Jeffrey Caine 1343 Circle Terrace 00001 20006 Michael Coty 1236 Circle Terrace F2148 20047 James Wegman 3959 Reservoir Boulevard F2182 20115 Dwight Jotblad 1116 45th Avenue F2143 20134 John Sundeen 1153 Cheery Lane F2176 20195 Bruce Evans 4154 2nd Street F2199 20199 Ray Durushia 4241 2nd Street F2200 20200 John Danko 4343 2nd Street F2165 20271 Alice Nopola 4937 Jackson Street F2204 20332 James Junker 3835 Tyler Street F1481 20378 Larry Kahlow 3727 Reservoir Boulevard F2224 30045- Joseph Ryan 1000 41st Avenue F2217 30045- Thevendra Thuraisingham 1000 41st Avenue F2207 30076 Alois Kroll 4545 Madison Street F2150 30079 Alois Kroll 4557 Madison Street F2151 30111 Theodore Parker 3839 Tyler Street F2203 30115 Douglas Jones 4615 Tyler Street F1514 07/11/199 15:07 Page 3 Columbia Heights Fire Dept Thursday, May 1, 1997 Permit # Occupan¥ I.D. Property Owner Name Property Address 30116 Mary Marth 4619 Tyler Street F2164 30117 William Lueck 4622 Tyler Street F2246 30118 Lloyd Sathre 4625 Tyler Street F2201 30119 Gary Hegenes 4628 Tyler Street F2209 30120 Thomas Sathre 4633 Tyler Street F2202 30123 Curtis Bostrom 4654 Tyler Street F2161 30153 Willam Lueck 4616 Tyler Street F2245 30154 Khaja Khan 4341 Tyler Place F2172 Charlie Kewatt, Fire Chief 07/11/199 15:07 Page 4 TO CITY COUNCIL JULY 14, 1997 1997 BUSINESS LICENSE AGENDA APPROVED BY POLICE DEPT. OFF SALE BEER *Glenn Harvey Young Bascali's Brick Oven LICENSED AT 5060 Central Avenue FEE 8350.00 BUILDING OFFICIAL CONTRACTORS *A.R.E. Plumbing *American Burner Service *G.W. Cook Construction *Custom Plumbing, Inc. *John A. Dalsin & Son, Inc. *DeMars Signs, Inc. *Griffin Service Station Equipment, Inc. *Tony Hoheisei *Preferred Sheet Metal, Inc. *Seviola Construction, Inc. 6139 - 172nd Lane 601 N. Prior Avenue 3133 Nicollet Avenue 2105 Daniels St. 2830 - 20th Avenue S. 410 - 93rd Avenue N.W. 8834 Xylite St. N.E. 7377 James Ave. 90 W. Woodlynn Ave. 19411 Rochester St. N.E. ¢:10.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 POLICE DEPARTMENT ON SALE WINE SALES *Bascali's Inc. Glenn Young 5060 Central Avenue N.E. POLICE DEPARTMENT, STATE BOARD OF AG. SOLICITOR, PEDDLER *Omaha's Choice_ and Steven William Wolf 2372 E. Old Shakopee Rd., Bloomington 2601 - 96th St. E., Inver Grove Heights for term of August 1-31, 1997 license.ag CITY OF COLUMBIA HEIGHTS (1") 590 40TH AVENUE N,E., COLUMBIA HEIGHTS, MN 5542 !-3878 (612) 782-2800 TDD 782-2806 **** NATIONAL NIGHT OUT PROCLAMATION **** WHEREAS: The National Night Out Association is sponsoring a special coast-to-coast community crime prevention project on the evening of August 5, 1997 called "National Night Out"; and WHEREAS: It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime in our neighborhoods; and WHEREAS: "National Night Out" provides an opportunity for Columbia Heights to join together with thousands of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHEREAS: Neighborhood spirit and cooperation is the theme of the "National Night Out" project and is also the key ingredient in helping the Columbia Heights Police Department fight crime. NOW, THEREFORE, I, Joseph Sturdevant, Mayor of the City of Columbia Heights, do hereby call upon all the citizens of our community to join the Columbia Heights Police Department in supporting and participating in "National Night Out" on Tuesday, August 5, 1997. FURTHER, LET IT BE RESOLVED, that I hereby proclaim Tuesday, August 5, 1997, as "NATIONAL NIGHT OUT" in Columbia Heights. Mayor Joseph Sturdevant August 1997 "OF COLUMBIA HEIGHTS ~'~b~H'AV£NU£ N.£., COLUMBIA HEIGHTS, 'MN 55421-31~78 (612) 782 2800 TDD 782 2806 **** NATIONAL NIGHT' OUT PROCLAMATION **** WHEREAS: The National Nig'ht Out Association is sponsoring a special coast-to-coast community crime prevention project on the evening of August 5, 1997 called "National Night Out"; and WHEREAS: WHEREAS: WHEREAS: It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime in our neighborhoods; and "National Night Out" provides an opportunity for Columbia Heights to join together with thousands of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and Neighborhood spirit and cooperation is the theme of the "National Night Out" project and is also the key ingredient in helping the Columbia Heights Police Departmen9 fight crime. NOW, THEREFORE, I, Joseph Sturdevant, Mayor of the City of Columbia Heights, do hereby call upon all the citizens of our community to join the Columbia Heights Police Department in supporting and participating in "National Night Out" on Tuesday, August 5, 1997. : FURTHER, LET IT BE RESOLVED, that I hereby proclaim Tuesday, August 5, 1997, as "NATIONAL NIGHT OUT" in Columbia Heights. Joseph Sturdevant August 1997 CITY COUNCIL LETTER Meeting of July 14, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER ~. PUBLIC HEARINGS Fire APPROVAL NO: Heating BY: Charlie Kewatt BY.'~ ~~ ITEM: Close Rental License Revocation ~..~t ~. ~/~/t~ ? DATE: July 8, 1997 . The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the rental property and/or properties listed below for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 14, 1997. The public hearing on this property may now be closed in that the owner has complied with requirements of the Housing Maintenance Code by correcting the outstanding violations. 1. Brian Bona .............................................................. 4015 7~ Street 2. Doris Jorgenson ..... ............. : ................................... 1480-90 47~ Avenue RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by the Above Listed Properties in That the Provisions of the Housing Maintenance Code Have Been Complied With. close.hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of July 14, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation DATE: July 9, 1997 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Randee Arfmann regarding rental property at 4535 Washington Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 14, 1997. The public hearing on this property may now be closed in that the owner has complied with requirements of the Housing Maintenance Code by scheduling the armual inspection of the property. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Randee Arfi-nann Regarding Rental Property at 4535 Washington Street in that the Provisions of the Housing Maintenance Code Have Been Complied With. close.hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of July 14, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation DATE: July 9, 1997 DATE: NO: The matter of the revocation of the license to operate a rental tm_it(s) within the City of Columbia Heights against Michael Schaffer regarding rental property at 3717 Polk Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 14, 1997. The public hearing on this property may now be closed in that the owner has complied wkh requirements of the Housing Maintenance Code by scheduling the annual inspection of the property. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Michael Shaffer Regarding Rental Property at 3717 Polk Street in that the Provisions of the Housing Maintenance Code Have Been Complied With. close.hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of July 14, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation DATE: July 9, 1997 DATE: NO: The matter of the revocation of the license to operate a remal unit(s) within the City of Columbia Heights against Jean Thorp regarding rental property at 4641 Washington Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 14, 1997. The public hearing on this property may now be closed in that the owner has complied with requirements of the Housing Maintenance Code by scheduling the annual inspection of the property. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Jean Thorp Regarding Rental Property at 4641 Washington Street in That the Provisions of the Housing Maintenance Code Have Been Complied With. close.hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of July 14, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation DATE: July 9, 1997 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Edwin Matthes regarding rental property at 5229 7th Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 14, 1997. The public hearing on this property may now be Closed in that the owner has complied with requirements of the Housing Maintenance Code by scheduling the annual ins ~ection of the property. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Edwin Matthes Regarding Rental Property at 5229 7th Street in that the Provisions of the Housing Maintenance Code Have Been Complied With. close.hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of July 14, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation DATE: July 9, 1997 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Patrick Carlson regarding rental property at 4757 4th Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 14, 1997. The public hearing on this property may noTM be Closed in that the owner has complied with requirements of the Housing Maintenance Code by scheduling the annual inspection of the property. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Patrick Carlson Regarding Rental Property at 4757 4th Street in that the Provisions of the Housing Maintenance Code Have Been Complied With. close.hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of July 14, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation DATE: July 11, 1997 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Mohsen Dessouki regarding rental property at 4610-4612 Fillmore for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 14, 1997. The public hearing on this property may now be close~l in that the owner has complied with requirements of the Housing Maintenance Code by scheduling the annual inspection of the property. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Mohsen Dessouki Regarding Rental Property at 4610-4612 Fillmore Street in that the Provisions of the Housing Maintenance Code Have Been Complied With. close.hea COUNCIL ACTION: CITY COUNCIL LETTER Meeting of JuN 14, 1997 AGENDA SECTION:~/~ ~o OR [GINATING DEPARTMENT: CITY MANAGER NO: ~I~ '~ Fire APPROVAL ITEM: Close Hearing BY: Charlie Kcwatt BY: Rental License Revocation NO: b °/~ DATE: July 14, 1997 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Thomas Brooks regarding rental property at 4328 6~ Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of July 14, 1997. The public hearing on this property may now be closed in that the owner has complied with requirements of the Housing Maintenance Code by scheduling the annual inspection of the property. RECOMMENDED MOTION: Move to Close the Public Hear/ng Regarding the Revocation or Suspension of the Rental License Held by Thomas Brooks Regarding Rental Property at 4328 6t~ Street in that the Provisions of the Housing Maintenance Code Have Been Complied With. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETFER Meeting of: July 14, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER L PUBLIC HEARINGS APPROVAL NO: ITEM: Close Hearing/Adopt Resolution BY: Charlie Kewatt BY: Rental License Revocation NO: b" ~ DATE: Jul7 11, 1997 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1.) Thomas Brooks .......................................................................................... 4328 6th Street RECOMMENDED MOTION: Move to waive the reading of Resolution No. ~ q- ~/..~, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No.g)~/- b~._~, 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 Thomas Brooks regarding rental property at 4328 6th Street. ALTERNATE MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Thomas Brooks regarding rental property at 4328 6~ Street in that the provisions of the Housing Maintenance Code have been complied with. COUNCIL ACTION: RESOLUTION 97- 43 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 Thomas Brooks (I-IEREINAFI'ER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4328 6th Street, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JUNE 6, 1997 AND ON JULY 8, 1997, OF A PUBLIC HEARING TO BE I-~LD ON JULY 14, 1997. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on or about April 1, 1997, Charlie Kewatt, Enforcement Officer, for the City of Columbia Heights, mailed by regular mail a re-licensing application to Thomas Brooks at 4743 Beacon Hill Road, Eagan, MN. On or about May 5, 1997 it was noted that the re-licensing application and fees for the rental property at 4328 6th Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above described real property by Thomas Brooks had not been received. 2. That on or about May 5, 1997 another re-licensing application with the 25% late fee was mailed by regular mail to Thomas Brooks. 3. That on or about June 6, 1997 the re-licensing application and fees had not been received. 4. That on or about June 6, 1997 another re-licensing application with the 50% late fee was mailed by regular mail to Thomas Brooks with a notice advising him that if the re-licensing application and fees were not received by June 16, 1997 a revocation hearing would take place July 14, 1997 5. That on June 30, 1997 the re-licensing application and fees had not been received. 6. That on July 8, 1997, notice was sent by certified mail that his rental housing license was expired and that a revocation hearing was scheduled for July 14, 1997. A. FA/LURE TO SUBMIT A RE-LICENSING APPLICATION B. FAILURE TO SUBMIT A RE-LICENSING FEE OF $15.00 C. FAILURE TO SUBMIT LATE FEES OF $7.50 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIl. 1. That the building located at 4328 6TM Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1686-96 is hereby revoked/suspended (cross out one); 2. The City shall 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 fa'st day of posting of this Order revoking the license as held by License Holder. PASSED THIS MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: DAY OF AYES: NAYS: ,19 CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR City of Columbia Heights 555 Mill Street NE Columbia Heights, MN 55421 Fire Department Telephone # 782-2835 To: Thomas Brooks Date: July 8, 1997 4743 Beacon Hills Road Eagan, MN 55123 STATEMENT OF CAUSE AND NOTICE OF PUBLIC Il]EARING FOR SUSPENSION OR REVOCATION OF A LICENSE PLEASE BE ON NOTICE, that on the 14th day of July, 1997, at 7:00 pm, or as soon thereafter as the matter can be heard, in the City of Columbia Heights, MN, the Columbia Heights City Council shall consider the revocation, suspension and/or other appropriate disposition of the license to operate a rental dwelling(s) of Thomas Brooks located at 4328 6th Street. STATEMENT OF CAUSE FAILURE TO SUBMIT COMPLETED RE-LICENSING APPLICATION AND FEES As of this date, July 8, 1997, the above outlined violations have not been corrected. IF NO CONTACT WITH TI-lIS OFFICE IS MADE PRIOR TO JULY tl, 1997, THIS HEARING WILL BE HELD AS SCHEDULED. Ptmmant to Section 5A.408(3) of the Columbia Heights City Code, a violation of any provisions of Chapters 5 or 5A, or of state law, shall be prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee. PLEASE BE ON NOTICE that on the 14th day of July, 1997, at 7:00 p.m. or as soon thereafter as may be heard, the City of Columbia Heights City Council shall hold a Public Hearing to address the issue of revocation of your rental license. At the Public Hearing you and your tenants or any oilier interested parties will be given an opportunity to give testimony and present evidence on the above set forth issues. Charlie Kewatt Fire Chief Enforcement Officer cc: Tenants Hearing. Statement of Cause Posting CITY OF COLUMBIA HEIGHTS FIRE DEPARTMENT 555 MILL STREET NE COLUMBIA HEIGHTS, MN. 55421 TELE: 782-2835 TO: Thomas Brooks 4743 Beacon Hills Road Eagan, MN. 55123 DATE: June 6, 1997 NOTICE - NOTICE - NOTICE THE RENTAL PROPERTY LOCATED AT 4328 6th STREET IS UNLICENSED. PER CITY ORDINANCE #1281, THIS PROPERTY MUST BE LICENSED AND INSPECTED ANNUALLY. THE RENTAL LICENSE FOR YOUR PROPERTY LOCATED AT 4328 6th STREET HAS EXPIRED AS OF JUNE 1, 1997, BECAUSE YOU HAVE FAILED TO RETURN THE FULLY COMPLETED RENTAL LICENSE APPLICATION AND SCHEDULE AN INSPECTION. IFWE DO NOT RECEIVE A FULLY COMPLETED APPLICATION AND HAVE AN INSPECTION SET UP PRIOR TO JUNE 16, 1997, WE WILL PROCEED WITH FULL REVOCATION HEARINGS BEFORE TH]~ COLUMBIA HEIGHTS CITY COUNCIl. ON JULY 14, 1997. PLEASE RETURN YOUR APPLICATION NOW AND CAI J. TO SCHEDULE AN INSPECTION OF THE PROPERTY. SHOULD YOU HAVE ANY QLrESTIONS, CAI J. THE COLUMBIA HEIGHTS FIRE DEPARTMENT, INSPECTION DMSION AT, 782-2835. RESPECTFULLY, CHAP, LIE KEWATT FIRE CI41F~F ENFOR~ OFFICER Expired Lic.Letter CITY CO~CIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: ITEi4S FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER NO: ~ Planning and Zonip~ APPROVAL iTEM: PUD Concept Plan Review, Crest BY: Tina Good . BY: View, Corporation ~A'; DATE: July 7, NO: Case ~9707-27, 4444 Reservoir Blvd. The Planning and Zoning Commission reviewed the request of Crest View Corporation for PUD Concept Plan Review for the construction of a three story, forty unit senior apartment building for people 62 years and older and low to lower income levels. The purpose of the Concept Plan Review is to provide the applicant with information and thoughts relevant to the City's Comprehensive Plan and the proposed development. Pursuant to Section 9.116(17) of the City's Zoning Ordinance, our Planned Unit Development review process consists of a Concept Plan Review (not a published public hearing, only Planning and Zoning Commission review), Preliminary Plan and Final Plan approvals (both are public hearings and require City Council approval). The major purpose of the Concept Plan Review is consideration of the following items: 1. Surrounding land use patterns and relationship to subject site. 2. Proposed use and architecture as to height and bulk. 3. Existing physical features such as topography, tree location, drainage patterns and availability of utilities. Proposed density, use relationships, access, parking, open space and building mass. The City's comprehensive Plan designates the area where Crest View Corporation's buildings are located as high density residential. GENERAL INFORMATION Applicant: Crest View Corporation 4444 Reservoir Boulevard Columbia Heights, Mn. 55421 Owner: Crest View Corporation 4444 Reservoir Boulevard Columbia Heights, Mn. 55421 Architect: Nicholas Palaia Architects 11420 Salem Avenue Young America, Mn. Request: PUD Concept Plan Location: Crest View Corporation Campus at 4444 Reservoir Boulevard Zoning: R-3, Multiple Family Residential Surrounding Land Uses: North: South: East: West: R-i, Single Family Residential R-2, One and Two Family Residential R-I, Single Family Residential R-2, One and Two Family Residential R-i, Single Family Residential COUNCIL ACTION: ccag0797.no4 CITY COUNCIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROVAL ITEM: PUD Concept Plan Review, Crest View BY: Tina Goodroad BY: NO: Case %9707-27, 4444 Reservoir Blvd. DATE: July 7, 1997 Page 2 PROJECT OVERVIEW Crest View Corporation is applying for a HUD 202 Grant which will provide supportive housing for the elderly, defined as people 62 years of age and older. Crest View will be applying for 40 units to build a new building on the west end of the Crest View Corporation Campus. If the grant is funded, the corporation will receive the capital to build the 40 unit building. The HUD 202 program is an attractive program as it requires tenants to pay only one-third of their income towards rent. This is an excellent addition to the campus as all other services and amenities already exist. In the application, Crest View Corporation is asked to provide evidence of support from the City on a concept plan and a resolution showing consistency with the City's Comprehensive Plan. This report will provide a brief overview of the concept plan and resolution. If the grant is awarded, we can expect a request for PUD preliminary Plan approval by early fall. CONCEPT PLAN REVIEW The proposed concept plan shows the three story building situated at an angle at the west end of the Crest View Campus. The main reason for the angle is to not disturb the view of the skyline for the adjacent buildings. The concept plan shows the three existing buildings and also a proposed future chapel and adult daycare facility that would be constructed after the 40 unit building is complete. Three other buildings on the campus include a nursing home, 50 unit assisted living building (Royce Place) and a 77 unit market rate senior apartment building (The Boulevard). The proposed forty unit building will be three stories high with a total building coverage of 11,583 square feet. Ail units except the caretakers unit will be one bedroom. Based on the concept plan, setbacks appear to be met. The R-3 Multiple Family Zoning District does have floor area requirements for dwelling units. All one-bedroom apartments must be 600 square feet and a two-bedroom is required to be 720 square feet. The parking restriction could be considered strict as the Zoning Ordinance would consider this as a multiple family dwelling in which two parking spaces are required per unit. The Parking Ordinance does not have separate requirements for a senior apartment building. The only other separate parking requirement is for a sanitarium, convalescent home, rest home, nursing home or institution (Section 9.116(4) (n) . However, this building would be looked at more as an apartment building. This does not mean however, that through the PUD process the entire parking issue can be looked at as far as counting other available and existing lot space for the new building, or reducing the number of parking requirements. The concept plan does show 26 parking spaces on the north side of the building. The architect will be submitting a landscape plan at the time of preiiminary review. At that same time, the Engineering Department will begin their review on drainage/grading plans. COUNCIL ACTION: ccag0797.no4 CITY COIINCIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: ORIGINATING DEPT.:~ CITY MANAGER NO: ~: Planning and Zoning APPROVAL ITEM: PUD Concept Plan Review, Crest View BY: Tina Goodroad BY: NO: Case ~9707-27, 4444 Reservoir Blvd. DATE: July 7, !997 Page 3 COMPLIANCE WITH CITY COMPREHENSIVE PLAN/ADOPTION OF RESOLUTION 97- The proposed three story, forty unit building conforms to both the R-3 Multiple Family Residential Zoning designation and the Comprehensive Plan designation as high density residential. Crest View Corporation is requesting a resolution certifying consistency with the City's Plan. This resolution has been prepared as Resolution 97-02 for review and signature by the Planning and Zoning Commission Chair. STAFF ANALYSIS Thus far, Staff finds the proposed development to be consistent with the City's Comprehensive Plan and Zoning Ordinance. The development.is also compatible with surrounding land use patterns. ~tECOMMENDED MOTION: Move to approve the Concept Plan as it is consistent with the City's Comprehensive Plan and Zoning Ordinance and satisfies the requirements of the PUD Concept review portion of the Zoning Ordinance. Move to waive the reading of Resolution #97-42 as more than ample copies are available to the public. Move to approve Resolution ~97-42, a Resolution of the Colunfoia Heights City Council finding the proposed 40 unit Senior Apartment Building to be constructed by Crest View Corporation at 4444 Reservoir Boulevard to be consistent with the plans of the City. cOuNcIL ACTION: ccag0797.no4 CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Ap~roval~ 1. Street Address of Subject Property: Fee: -- -- Date Paid Receipt No: ------ 2. Legal Description of Subject Property:. Applicant: Phone: Phone: · . ZoninK: Applicable City Ordinance Number Section Present Zoning. Proposed Zoning. Present Use Proposed Use Reason for Request: Ac~owledgment and Si~ature: Se ~dersi~ed hereby represents upon all of the penalties of law, for the pu~ose of ~duc~g the City of Col~bia Heights to take the action herein requested, that all statements herein are t~e and that all work herein mentioned will he done ~ a~:dance with the Ordnances of the City of Columbia Heights and the laws of the St ate ~..~f~.~esota. Signature of Applicant: ~./ Date: Taken By:_ .____ RESOLUTION NO. 97-02 tLEsOLUTION OF THE COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION FINDING ~ PROPOSED FORTY UN'iT SENIOR APAR~ BU'I~DING TO BE CONSTRUCTED BY CREST VIEW CORPORATION T.O BE CONSISTENT WITH THE PLAaNS , OF THE CITY. · WHEREAS, the City of Columbia Heights Planning and Zoning Commission has reviewed Concept Plans for Planned Unit Development (PUD) approval for the proposed construction of a forty unit, Iow income senior apartment building to be constructed on the west end of the Crest View Corporation Community Campus to determine their consistency with the general plan for development of the City of Columbia Heights as a whole. WHEREAS, project implementation of the Crest View Corporation's Concept Plans are subject to submittal and approval of an application for a Capital Advance Grant from the H~JD 202 pro,am which will fund the construction of the forty unit low income senior apartment building. WHEREAS, the City of Columbia Heights Planning and Zoning Commission has ~ven a favorable review of the Concept Plans for the PUD approval process subject to submission and Preliminary and Final PUD approval of drainage and ~ading plans, campus parking plans, landscaping plans and building elevation drawings. NOW, TH~EKEFORE, BE IT RESOLVED by the Planning and Zoning Commission that the Concept Plans are found to be consistent with the general plans for the development of the City Of Columbia Heights and the Commission hereby recommends their approval. BE IT FUKTH~R RESOLVED the Commission recommends approval and that this recommendation for approval be forwarded for review and consideration by the City Council of the City of Columbia Heights, BE IT FUKTHER RESOLVED that the Staffbe directed to forward this resolution and resolution adopted by the City Council to the Chief Executive Officer of the Crest View Corporation for inclusion and submittal with said application for a Capital Advance Grant. Passed this I~ day of July, 1997 Ii ,,t J C11'¥ Or I-'Rllil £Y ---I 0 i _. !',0 0 C~ Z -.I ITl C) 133mm k Reservoir Blvd. .j RESOLISTION NO. 9% 42 P, ESOLLrrION OF TIlE COLUMBLA HEIGHTS CITY COUNCIl. FINDING THE PROPOSED FORTY UNIT SENIOR APARTMENT BUILDING TO BE CONSTRUCTED BY CREST VIEW CORPORATION TO BE CONSISTENT WITH THE PLAiNS OF THE CITY. WHEREAS, the Columbia Heights City Council has reviewed Concept Pl.ans for Planned . Unit Development (PUD) approval for the proposed construction of a forty unlt, low income senior apartment building to be constructed on the west end of the Crest View Corporation Community Campus to determine their consistency with the general plan for development of the City of Columbia Heights as a whole. WHEREAS, the Columbia Heights Planning and Zoning Commission recommended to the City Council approval of the Concept PUD Plans. WHEREAS, project implementation of the Crest View Corporation's Concept Plans are subject to submittal and approval of an application for a Capital Advance Grant from the HUD 202 program which will fund the construction of the forty unit iow income senior apartment building. WHEREAS, the Columbia Heights Cit~' Council has given a favorable review of the Concept Plans for the PUD approval process subject to submission and Preliminary and Final PUD approval of drainage and grading plans, campus parking plans, landscaping plans and building elevation drawings. WHEREAS, the Columbia Heights City Council enthusiastically supports Crest View Corporation's efforts in submitting an application for a Capital Advance Grant from the HUD 202 Program and their continued desire to provide quality senior housing for low income individuals and families. NOW, THEREFORE, BE IT RESOLVED by the Columbia Heights City Council that the Concept Plans are found to be consistent with the general plans for the development of the City of Columbia Heights. BE IT FURTHER RESOLVED that the Staffbe directed to forward this resolution adopted by the City Council to the Chief Executive Officer of the Crest View Corporation for inclusion and submittal with said apPlication for a Capital Advance Grant. : ~ Passed this 144 day ofluly, 1997 Offered by~ Peterson Seconded by; - Sturdevan~ Roll call: All ayes Ma~or Joseph.Sturdevan't do-Anne Students Council Secretary CITY COUlqCIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S q O/HER BUS~NESS SPECIAL PROJECTS APPROVAL,,~ No: '! ITEM:ANOKA COUNTY JPA SCORE FUNDS BY: JEAN KTJEHN B ' /~'~ NO: ~' ~--l DATE: JUNE 19, 1997 D This Joint Powers Agreement while being issued May 27, 1997 is meant to include all of 1997 calendar year. The County has chosen to delay issuance of the agreement until they receive the full years allotment of SCORE funds from the State of Minnesota to ensure that the funds are actually available. Previously the County wrote two Joint Powers Agreements for the first and second half of the years funding, this single agreement is an effort to be more efficient and avoid duplication of effort. The 1997 Joint Powers Agreement with Anoka County entitles the City to apply for funding for the residential recycling program and the City's recycling drop off center as well as special collections of problem materials (ie., tires & oil filters, fluorescents). The joint powers agreement further specifies that Columbia Heights is entitled to receive reimbursements up to $56,993.23 for eligible expenses specifically related to recycling and waste abatement activities. To receive these funds the City must submit substantiating data in semiannual reports and abide by the State statutes regarding recyclable materials and mixed municipal solid waste. RECOMMENDED MOTION: Move to authorize Mayor and City Manager to enter into the 1997 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $56,999.23 available as reimbursement for eligible expenses. COUNCIL ACTION: Anoka County Contract :/~00213-5' AGREEMENT FOR RESIDENTIAL 'RECYCLING PROGRAM TI-IlS AGREEMENT made and entered into on the 27rd day of May, 1997, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF COLUM/3IA HEIGHTS, hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, Anoka County has received $770,048 in funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds"); and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: o e PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. TERM. The term of this Agreement is from January 1, 1997 through December 31, 1997, unless earher terminated as provided herein. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 1,635 tons as established by the County. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.931. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 1997 and January 20, 1998: Ao An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the o methodology used .for calculations. Any other material removed from the waste stream by th& Municipality, i.e. tires and used oil, shall also be reported separately. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 1997 and January 20, 1998. Costs not billed by January 20, 1998 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $56,993.23. The project maximum for eligible expenses shall be computed as follows: A. A base amount of $10,000.00 for recycling activities onl~y; and B. $5.94 per household for recycling activities only A supplemental grant of $833.49 (hereinafter referred to as a "Supplemental Grant") for problem material management, solid waste recycling and yard waste abatement programs to be disbursed to the Municipality within thirty days of execution of this Agreement. Notwithstanding anything in this Agreement to the contrary, the Municipality shall be entitled to use said Supplemental Grant monies only for eligible expenses paid by the Municipality during the period January 1, 1997, through June 30, 1997, for problem material management, solid waste recycling and yard waste abatement programs. On or before July 20, 1997, the Municipality shall subnfit a report itemizing the expenditures of the Supplemental Grant monies on a report form provided by the County, together with receipts verifying said expenditures. Any Supplemental Grant monies not expended by the Municipality on or before June 30, 1997, shall be returned to the County. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the county and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. 2 AUDIT. Pursuant to Minn. Stat. § 16B.06, Subd. 4, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. GENERAL PROVISIONS In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, roles, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national orion, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. Co The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. Do The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum~ the prevailing wages rates as certified by said Department. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. Nothing in this Agreement shall be construed as creating the relationship of co-partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 10. 11. 12. PUBLICATION. The Municipality shall ac'knowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents,~employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. 4 IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OFANOKA CITY OF COLUMBIA HEIGHTS By: Dan Erhart, Chairman Anoka County Board of Commissioners Date: By: Name: Title: Date: ATTEST: John "Jay" McLinden County Administrator Date: Municipality's Clerk Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney CITY OF COLUMBIA HEIGHTS Meeting of: July 14, 1997 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPT.: CITY MANAGER NO: ~ Community Development APPROVAL ITEM: PARKING CERTIFICATE BY: Ken Anderson .f%5~ BY: COLUMBIA HEIGHTS BUSINESS CENTER DATE: July 11, 1997 No: As part of the transaction to secure a $1,750,000 loan to make improvements and refinance the Columbia Heights Business Center, Midland Loan Services as the lender has requested that the City execute the attached Parking Certificate. This document goes beyond the lender's initial request of merely requiring an estoppel certificate signed by the City Manager and as discussed at the 7/21/97 work session. The attached Parking Certificate recites the facts and includes all the agreements currently in effect for the parking ramp and walkway parcels which are listed as exhibits to the Certificate. The EDA's legal counsel, Steve Bubul, has reviewed the form and substance of the Certificate and had requested minor changes be made by the lender's attorney. Mr. Bubul has also attached a letter indicating that the document is a typical lender request that does not materially impair the City's interest. Mr. Gordon Awsumb and his legal counsel, Tim Walsh have been invited to attend the meeting and respond to City Councilquestions and concerns. Furthermore, Mr. Bubul and the City Attorney, Jim Hoeft, have coordinated a review of the enclosed Parking Certificate. Both attorneys are in agreement that the Certificate complies with applicable laws and does "not significantly affect the City's interests in the parking facility." Staff recommends City Council approval and authorization to execute the Parking Certificate in order to facilitate the proposed financing. If the City Councilmembers have any questions about the attached information, please contact Ken Anderson on Monday at 782-2855. Attachment: 1) 2) 3) 4) Steve Bubul Letter of 7/11/97. Changed pages of the Parking Certificate showing changes from Thursday, June 10, 1997 draft. Parking Certificate with all attachments. The revised signature page for the Assignment, with the corrected reference to Part II of the Management Agreement. RECOMMENDED MOTION: Move to approve the Parking Certificate by the City of Columbia Heights in favor of Midland Loan Services, a Missouri limited partnership, to facilitate and encourage the refinancing of the Columbia Heights Business Center, 3989 Central Avenue NoE.; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ALTERNATE MOTION: Move to reject the Parking Certificate by the City of Columbia Heights in favor of Midland Loan Services, a Missouri limited partnership, as the Certificate is not in the interest of the City of Columbia Heights. COUNCIL ACTION: \bt\letter\council C~T~ O~ COLUMBI~ HEIGHTS Meeting of: July 14, 1997 OTHER BUSINESS CITY MANAGER AGENDA SECTION: ORIGINATING DEPT.: NO: ~ Community Development APPROVAL ITEM: PARKING CERTIFICATE BY: Ken Anderson ~ BY: COLUMBIA HEIGHTS BUSINESS CENTER DATE: July 11, 1997 No: As part of the transaction to secure a $1,750,000 loan to make improvements and refinance the Columbia Heights Business Center, Midland Loan Services as the lender has requested that the City execute the attached Parking Certificate. This document goes beyond the lender's initial request of merely requiring an estoppel certificate signed by the City Manager and as discussed at the 7/21/97 work session. The attached Parking Certificate recites the facts and includes all the agreements currently in effect for the parking ramp and walkway parcels which are listed as exhibits to the Certificate. The EDA's legal counsel, Steve Bubul, has reviewed the form and substance of the Certificate and had requested minor changes be made by the lender's attorney. Mr. Bubul has also attached a letter indicating that the document is a typical lender request that does not materially impair the City's interest. Mr. Gordon Awsumb and his legal counsel, Tim Walsh have been invited to attend the meeting and respond to City Council questions and concerns. Furthermore, Mr. Bubul and the City Attorney, Jim Hoeft, have coordinated a review of the enclosed Parking Certificate. Both attorneys are in agreement that the Certificate complies with applicable laws and does "not significantly affect the City's interests in the parking facility." Staff recommends City Council approval and authorization to execute the Parking Certificate in order to facilitate the proposed financing. If the City Councilmembers have any questions about the attached information, please contact Ken Anderson on Monday at 782-2855. Attachment: 1) 2) 3) 4) Steve Bubul Letter of 7/11/97. Changed pages of the Parking Certificate showing changes from Thursday, June 10, 1997 draft. Parking Certificate with all attachments. The revised signature page for the Assignment, with the corrected reference to Part II of the Management Agreement. RECOMMENDED MOTION: Move to approve the Parking Certificate by the City of Columbia Heights in favor of Midland Loan Services, a Missouri limited partnership, to facilitate and encourage the refinancing of the Columbia Heights Business Center, 3989 Central Avenue N.E.; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ALTERNATE MOTION: Move to reject the Parking Certificate by the City of Columbia Heights in favor of Midland Loan Services, a Missouri limited partnership, as the Certificate is not in the interest of the City of Columbia Heights. COUNCIL ACTION: \bt\letter\council CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-maih attys@kennedy-graven.com STEPHEN J. BUB~L Attorney at Law Direct Dial (612) 337-9228 July 11, 1997 Ken Anderson Director of Community Development City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421-3878 RE: Columbia Heights Office Center Dear Ken: As you know, Lake-State Properties, Inc. (as successor to Zaidan Holdings and Mobilia, Ltd.) is refinancing debt on the Columbia Heights Office Center. As part of that transaction, the lender (Midland Loan Services, L.P.) has drafted the enclosed Parking Certificate, which it requests the City to sign. You and members of the City Council have asked me to comment on that document. In my experience, the Parking Certificate is typical of lender requests in transactions of this type. The primary security for the loan is a mortgage on the office center property itself. However, the existing parking arrangements between the City and the building owner are, from the lender's perspective, important to the continued viability of the office center. Therefore, the lender seeks assurances that the arrangement is in effect and will remain in effect if the lender forecloses on its mortgage and takes over the office center. The key provisions of the Parking Certificate are as follows: The City certifies that the parking agreements are currently in effect and are not in default (Sections 1 through 4) . The City consents to the fact that the Borrower is mortgaging its interest in the parking agreements to the Lender. (Section 5) The City agrees that it will not modify the parking agreements in any material manner without the lender's consent, which the lender may not unreasonably withhold. (Section 6) SJB126266 CLt60-70 Ken Anderson Page 2 July 11, 1997 If the lender forecloses on its mortgage and steps into the Borrower's shoes under the parking agreements, the lender will be bound by those agreements. However, it will not be bound by any obligation under those agreements before the date that it took over the Borrower's interest in the parking agreements. (Section 7) The City agrees that it will provide any default notices under the parking agreements to the lender as well as to the borrower. The lender will have an additional 30 days to cure any default, after the end of the 30-day cure period that the borrower has under the parking agreements. (Section 9) If the parking ramp or walkway are damaged or condemned, the proceeds otherwise payable to the borrower under the parking agreements must be paid to the lender, but subject to all the terms of the parking agreements. In the case of casualty, the parking agreements provide that the borrower must use insurance proceeds to rebuild the facility; the lender will have that same obligation. (Section 10) These provisions are typical terms in an "estoppel" or "non-disturbance" agreement, and in my view do not significantly affect the City's interests in the parking facility. The provisions do, however, constitute an agreement with the lender, and require approval by the City Council. If you have further questions, please let me know. Very t~ly yours, Stephen ~. Bubul cc: Jim Hoeft, City Attorney SJB126266 CL160-70 '2 Jubll. 1997 10:4§AM MORRISON & HECKER No. 9376 P. 2/13 July 11, 1997 Mr. Timothy M. Walsh Leonard, 0'Brien, Wilford Spencer &Gale 800 Norwest Center 55 ~ast Fifth Street St. Paul, MN 55101 VIA TEL~COPIER (612}297-66~1 Re: Parking Certificate Dear Tim: Per a telecopy received from Steve Bubul, I have made the changes to the Parking Certificate shown in the enclosed blacklined revised pages. Also enclosed is a clean copy of such Certificate. Please call with any questions or comments. Best regards, MDRRISON & HECKER ,..,..,. GAN/Cab Enclosure Gre/A?/ckell Delia Cox (via telecopier, w/encl.) Steve Bubul (via telecopier, w/encl.) Jul. 11. 1997 10'47AM MORRISON & HECKER No. 9376 P. 3/13 1. A true and complete copy of each of the Parking Agreemen~ and all ll..Bigllltlflll[~, ~lll~lldlll~l~, lll{l~Illi/IB, supplements or modificafiom thereto is attached hereto as F_.xhi~it D. The Parking Agreements constiV.~ the entire agreement between the City and Borrower with respect to thc Parldng Property, and each is in full fome and effea and i~ e~o~.,able a~ainst the City ~md Borrower in ~,cordance with their respective terms. 2. The City is the ov~er and holder of fee simple title to the Parkin~ Garage Parcel and the Walkway Parcel. The City has not Wansfermt its interest under the Parking Agreeme~. 3. The lease of the Walkway Parcel has comrr~nced and the term thereof expires on November 30, 2081, uaiess sooner termina~l or ex~nded pursuant to the lhrking Agreement~. 4. As of the date hereof, the City and, to the best of the City's knowledge, Borrower are in full performance of all cover~nt$ of the Pazk/ng Agreemems, /nduding, but not limited to, the payment of all rents, charges and mounts due to the City. There is no cxistlnt~ default or clahned default by either the C/fy or, to thc best of the City's knowledge, Borrower under the Parking Agr~mems. No event has occurred which, with the passage of time or the giving of notice, o~ both, would constitute a default by either the City or, to the best of the City'sknowledge, Borrower under the Parldn~ Agreements. Neifl~er the City nor, to the beat of the City's lmowledge, Borrower have any existin! defen~ or o~eis agsin~ the other party's enforcement of the Parking Agreements, and there a~ no unresolv~i or pending disputes between th~ City or, to the best of the City's knowl~ge, Borrower with respect to the ~ Agreements and the Parking Property. 5. The City ~ifionally consents to Borrower's ~signment and mortgage of the Parkin! Agteemeam and the Parking Pwperty in connection with the Loan. In thc event of any default in any of the Loan Documents, I.cnder may exercise any and ali rights a~ rellledies avnilnhle to it, subject however to this Ceztificate. 6. Without the prior written consent of Lender, which sba!! not be ~nably withheld oz dehyed, none of the Parking Agreements nor the r/gh~ and estates created therein may bc modified in any material manner, cancelled or ~ (including without limitation, ~y termination of or right to terminate all or any of ~ ~ Agr~me~ in the event of any casualty or coMemnation). 7. If Lender or another entity (each, and their successox~ and zz,~!?$, a 'C, rar~ee') succeeds to file interest of Borrower under lhe Parkin~ A~ne~ iud in and to the ParChE PropeWy pur~nt to a foreclasure of the Loan Docume~ or a deed-in-i/eu thereof, such Cozantee, subject to the terms hereof, shall be bound by the Parking Agreeme~ after the date **(the "Transfer late")** such Grantee **a~eeds to the Borrower's interests in the Parid~ ~ und~ the Par~n~ A~ts and acquiv~ title to ~ posseasbn of thc '"" '~: ........ .-...'A~.~ > **w_t~_glllm~!~, ~x~ may ~tv~ 2 ~lul~. 11. 1997 10:47AM MORRISON & HECKER No. 9376 P. 4/13 thereafter ~ssigu, seU, transfer or mortgage any or all of such rights, title and interest in, to and under the Parking Agreements and in and to the ...n...~:..~ ~._...... --"-~ ----r,--v > **Walkway pared**. Leader as such Grantee .~hzll riot be: (a) obligated to assume any obligations or lhbilities pursuant to the Parking Agreenmm~ accruing prior the ' r-, ........ ; or (b) subject to any offsets or defenses available to fire City which accrued pr/or the -~-- ' -'~ ' .... ~-"~*' ~ -"~ld~ --Pm"~ra-9'> ~er II~te_~ , or (c) bound by any **materlal*~* modification of any Parking Agreemeat made without its consent; or (d) bound by or liable under any provision of any Parking Agreement providing for any indemnification of the City by Barrower (including without limitation, any such provision relating to any environmental condition of the Pazking Property), other than as.such provisions relate to actiom of Lender during any period oft/me when Lender is .**exercisi~r ~W~'Sht~**1 ~ ~ ~~n ~f~ ~ ~ Parking Propen'y _**under the Parkin~ ~_~ts or is in possesd~ of the Walks-ay Parcel.**; or (¢) liable under the Pafldng Agreement~ for any amoums in excess of its interest in the Parking Property or beyond flue period of tiroa it is in possession of the -~-.. '~,..~.~,''~ ..%c'~-.'- **such interest**. 8. Lender has not asmlmed and will not become liable trader the terms of any of the Parking Aglecnm~ by reason of Lender's acceptance of this Certifimte or any lien or security interest encumbering the Parking Agreements or the Parking Property. 9. Upon any default by Borrower umier the Parkhlg Agreements: (a) hhe City shall pwvide Lemler with notice thereof in the same mam~ in which the City m-st provide Borrower with such notice under the Parldng Agreements, and Co) Lender shall have all rights of Borrower under the Parking Agrvmmnts, including but not limited to the right to cure such defauR as if Lender were the Borrower. In addition to the foregoing, if Borrower f~ils to cure any default under the Parking Agreemems within any applicable cure period, then Lender shall have an additional thirty (30) days wi~i- which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if wiflgn such thirty (30) days Leader has commenced and is diligently pursuing the cure or such default (including, without iimi~tioIl commencenle~ of foreclosure proceedings), in which event the City shall ~ot exercise any of ~ rights and remodics (including any rights of serf-help except in aa emergency situation) under the Parkin~ Agreements nor shall the Padrin! AgreememIs be terminated. c~o~v.tc~ 3 Jul. 10. 1997 5:08PM MORRISON & HECKER No. 9343 P. 2/15 MORRISON & H£CKER AI-roI~N£Y~ AT l. AW Kansas (:iL')', ]~ssouri 641 .(~8-~.~ Tctc.pt~e 816-~t.:zax) Tcl~ 8t~-474-q268 July 10, !997 Mr. Timothy M. Walsh ~eonard, O'Brien, Wilford Spencer & Gale 800 Norwest Center 55 East Fifth Street St. Paul, MN 55101 V~ATBLBC0PIR~. Re: Parking Certificate Dear Tim: After discussing the same with Midland, enclosed is the revised Parking Certificate requested in connection with this loan% As discussed, this Certificate provides Midland with both a ,,snapshot" of the current status of the parking facility and related agreements, and assurances that in the event of any future ioandefaults, such facilities would still be available for public parking, including parking by tenants at the mortgaged property. Please call with any questions or comments. Best regards, MORRISON & HECK~/ L.L.P. Greg A. ' GAN/cah Enclosure Cufl~lU.K~ cc: Delia Cox (via telecopier, w/encl.) Steve Bubul (via telecopier, w/encl.) W,$hi-.*MI, D.C- I Pt~e~ Arian/Overl~td PL~ Kxam / Wlcld~ Knms Ju1.11.1997 10:48AM MORRISON & HECKER No. 9376 P. 5/13 pARKING CERTIFICATE THIS PARKING CERTIFICATE CCerfific~t¢~) is made as of July ,1997, by the CITY OF COLUMBIA HEIGHTS, a M/nuesota munic/pal corporation (the "City"), whos~ address is 590 4Otb Avenue NE, Columbia Heights, Minnesota 55421, Attention: City Manager, /n favor of MIDLAND LOAN SERVICES, L.P., a Missouri limited partnership ("Lender"), whose address is 210 West lOth Street, 6th Floor, Kansas City, Missouri 04105. A. Lender h~_q agreed to make a loan (the "I,~t!'9 to Lake-State Properties, Inc., a Minnesota corporation ("]~.gt") which will be evidenced by a promissory note in thc principal amount of $1,750,000.00 executed by Borrower, as maker, and payable to the order of Lender (thc "Note"). The Note will be secured by certain doatmentz (collectively with the Note, the "Loan Doc~ullents"), including without limitation, the Mortgage, Ass~ment of Leases and Rentals and Security Agreement executed by Borrower to Lender and cncurnbering thc property (real and personal) described therein, including thc real property described in Exhibit A attached hereto (thc "Offi. C.e Buil0ing Parccl"). B. The City and Borrower are the current parties to the following agreemen~ (collectively, "Parking A_m'eements"): 1. the Management Agroemont for Parking Faailifics and Lease of Plaza Property dal~l July 20, I982, originally executed between The Housing and Redevelopment Authority in and for the City of Columbia Heights and Terry Evenson ("l~.venson") relating to the construction and use of a parking garage facility (the "Parkin_~ ,Q/KI~'3 on cemin real property (the "Parking Garde P. arcel") described in Exhibit B attached hereto and the lease of c~in real property (the "Walkway Parcel"), as described in Exhibit C attached hereto, to Evenson for thc construction of an enclosed overhead pedestrian walkway (the "Walkway", and collectively with the Parking Garage, tho Parking Garage Parcel and the Walkway Par~¢l, the "Parkin~ Property") between thc Parking Garage and the Office Building Parcel; and 2. the Agreement Between Thc City of Columbia Heights and Zaichm Holdings Inc. for thc Operation of thc Parking Ramp dated June 30, 1988, originally executed b~"wcen the City and Zaidan Holdings Inc. ("Zaidan"), as subsequently modified by the Agr~maent for Modification of Management Agreement for Parking Facilities dated Fo, binary 11, 1991, originslly executed between the City and Zaidau. NOW THEREFORE, for the purposes aforesaid and in consideration of the covenants and agreements herein contahed, the parties hereto agree as follows: OAN'JlV.gCM Jul. 11. 1997 10:49AM MORRISON & HECKER No. 9376 P, 6/13 1. A true ~nd complete copy ofe, a~h of the Parking Agreements and all assignments, amendments, alterations, suppl~ments or modifications thea-~o is attached hereto as ~. The Patldng Agreements constitute thc entire agreement between ~he City and Borrower with respect to thc Parking Property, and each is in full force and effect and is cnforceablc against thc City and Borrower in accordance with their respective terms. 2. The City is thc owner and holder of fee simple title to thc Parking Garagc Parcel and the Walkway Parcel. The City has not transfcrrod its intercst under the Parking Agreements. 3. The lease of thc Walkway Parcel has commenced and the term thereof expire~ on November 30, 2081, unless sooner terminated or extended pursuant to the Parking Agreements. 4. As of thc date hereof, the City and, to the best of the City's knowledge, Borrower are in full performance of all covenants of the Pat-kinE Agreemeuts, including, but not limited to, the payment of all rents, charges and amounts due to the City. There is no existing ckffault or claimed default by either the City or, to the be. st of the City's knowledge, Boaower under the Parking Agreements. No event has occurred which, with thc passage of time or the giving of notice, or both, would constitute a default by either the City or, to the best of the City's knowledge, Borrowcr under the Parking Agreements. Neither the City nor, to the best of thc City's knowledge, Borrower have any existing defenses or offsets against the other party's enforcemcnt of the Parking Agreements, and thcre are no unresolwd or pending disputes bc~wech the City or, to the best of the City's knowledge, Borrower with respect to the Parking Agreements and the Parking Property. 5. The City unconditionally consents to Borrower's assigument and mortgage of the Park/ng Agreements and the Parking Property/n connection with the Loan. In the event of any default/n any of the Loan Documents, Lender may exercise any and all rights and remextiea available to it, subject however to th/s Certificate. 6. Without the prior written consent of Lender, which shall not be unreasonably withheld or delayed, none of the Parking Agreements nm' the fights and estates creaIefl therein may be modified in any material manner, cancelled or terminated (including without limitation, my terminsIion of or fight to terminate all or any of the Parking Agr~ments in the event of any casualty or condemnation), 7. If Lendcr or another ~ntity (each, and their successors and assigns, a "~") succeeds to the intere~ of Borrowcr under thc Parking A~ents and in and to the Parking Property pursuant to a foreclosure of the Loan Documents or a deed-in-lieu thcrcof; sl~h C_rrantee, subjcct to the terms hc~cof, shall be bound by the Parking Agreements after the date (thc "Transfer Da~") such Grantee succeeds to thc Borrower's intcrcsts in the Parking Property under the Parking Agreements and h~ acquired rifle to and possession of the Walkway Parcel, and may thereafter assign, s~ll, transfer or mortgage any or all of such fights, title and interest in, to and under the Parking Agreements and in and to the Walkway Parcel. Lender as such Grantee shall not be: CA~V.~CM 2 Jul. 11. 1997 10:49AM MORRISON & HECKER No. 9376 P. 7/13 (a) oblig~ to assume ~my obligations or Liabilities puzsuant to fl~e Parking Agreements accruing prior to the Tt'amfer Date; or (b) subject to any off~ or defense~ available to the City which a~rued prior to thc Transfer Dst=; or (c) bound by any material modification of any Parldag Agreement m~le without its consent; or (d) bound by or liabk under any provision of any Parking Agreement providing for any indemnification of thc City by Borrower (including without limitation, any such provision relating to any a'lvironmemal condition oft,he Parking Property), othel' than as such provisions relate to actions of Lead~ during any period of time when Lender is cxcrcising Borrower's interests in the Parking Property under thc Parking Agreements or is flu possession of thc Walkway Parcel; or (¢) liable under the Parking Agreements for any amounts in ~xcess of its interest/11 the Parking Property or beyond ~e l~'iod of time it is in possession of the such interest. 8, Lender h~ not assumed and will not become liable under the terms of any of the Parking Agreements by reason of Lender's acceptance of this Certifioat~ or any lien or security interest encumbering thc Parking Agreements or the Parking Property. 9. Upon any default by Borrow~,~ under thc Parking Agreements: (a) ~he City shall provido Ler~der wifl~ notice thereof in thc same manner in which tim City mus~ provide Borrowa' wi~h $~h notice under the Pa~king Agr~"ment% and (b) Lender shall have all rights of Borrower undor thc Parkir~g Agreements, including but not limited to the right to cure such d~fault as if L~d~r were the Borrower. In addition to thc foregoiag, if Borrower fails to cur~ any default under the Parking Agreements within any applicable cu~e period, then Leader shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, ~hcn such additional time m may be nec, oss~ if within such thirty (30) days Lender has commenced and is diligently pursuing thc ~ or such default (including, without limitation commencement of foreclosure proc~dings), in which went the Ci~ .~h~ll not ex~rcis¢ any of its rights and remedies (including any rights of self-help except in an ~nergency situation) under thc Parking Agreem~ts nor shall the Parking Agreements bc terminated. 10. In thc cvcnt all or auy port/on of the Park/hi Gm-age or the Walkway m'e damaged or destroyed by fire or off, er c~ualty or be taken flh-ough ~m/neut domain proceed/ngs, then a~ resulting net/nsurance or condcnmat/on proceeds payable to Borrower pursuit to the P~king Agr~mcnts, shall be pa/d to Lender and be hcl~ applied and disbursed by Lender in accordance with the Loan Documents and subject to thc Parking Agreements. Jul. 11. 1997 10:50AM MORRISON & HECKER No. 9376 P. 8/13 11- Without the written consent of Lender, there shall be no merger of any estate or interest/n any. of the Parking Pml~'ty (whether leasehold, f~, mortgage lien or otherwi~) by reason of the fi~t that any such earle or interest nmy be owned or held, dir~dy or/ndire~y, by or for the benefit of any l~erson who now or hereafter owns or holds any one or more other estate or interest in ali or part of the Parking Property. 12. Any notice, copy of notice, request, demand or statement made heretmder shall be in writing, signed by the party giving such notice, delivered to rite intended recipients at the addresses set forth in this Agreement (or such other address as may be provided by such rec. ipient to the other parties hereto in writinE from time to time), and shall be deemed properly given only if given by one or more of the following: (a) if hand delivered, when actually received; (b) if delivered by a national overnight delivery service, one (1) business day a~er delivery to such overnight delivery service; and (c) if delivered by U.S mail, certified with return receipt requested and postage prepaid, three (3) business day depositing the same with the U.S postal service. 13. This Certificate contains the final and entire agreement between the parties hereto with respect to the subject matter hereof. If any provision of this Certificate or any application thereof is or becomes, to any extent, invalid or unenforceable, the remainder of this Certificate and any other application of such provision are not to be affected. The mle of cons~ction that any ambiguities are to be resolved against the draPdng party shall not be employed in the interpretation of this Certificate. This Certificate ~11 be binding upon and shall inure solely t6 the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. Any waiver related to this Certificate must be in writing and shall only relate to the matter described in such waiver. No delay or omission in the exercise of any fight or remedy shall impair such right or remedy or be construed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act. Any waiver given by a party shall be null and void if the party requesting such waiver has not provided a complete and accurate disclosure of all material facts relevant to the waiver requested. 14. Thc City executes this Certificate for the benefit of Lender with full knowledge that Lender is relying on this Certificate in making the Loan to Borrower. CITY OF COLUMBIA H]~IGHTS, a Minnesota municipal corporation By Joseph Sturdevant Its Mayor By Walter Fehst Its City Manager 4 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1997, by Joseph Sturdevant and Walter Fehst, the Mayor and City Manager, respectively, on behalf of the City of Columbia Heights, Minnesota, a Minnesota municipal corporation. Notary Public Jul. 10. 1997 5'i3PM MORRISON & HECKER No. 9343 P. 12/15 Demipfion of ,~e Office Build~ Parcel Lot 32, Block 6, Reservoir Hills. Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills. The vacated alley adjacent to Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills. Those parts of Lots 28 through 31, Block 6, Reservoir Hills, Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, and of the vacated alley adjacent to Lot 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, lying Southwesterly and Westerly of the following described line: Beginning at a point on the South line of said Block 1, Walton's Rearrangement, said point being 18.00 feet West of the Southeast corner of Lot 23, of said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with said East line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the North line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the Northwest corner of said Lot 30 and there terminating, all in Anoka County. Anoka County, Minneosta Abstract and Torrens Torrens Certificate Number: 62803 Jul. lO. 1997 5'13PM MORRISON & HECKER No. 9343 P. 13/15 lD~__rip_ llon of ,h.~ Parkln~ Gara~ Parcel ~.a 2~, 25, a:d 26, Block 6, Iteservotr Rills. Lots 20, 21, and 22, Block 1, ~al~on's Rearrangemen~ of Lots 33 and 34, ~lock Rese~o~r Rills, and kll of the vacated alley ad, scent to said Lots 20, 21, and 22. ~ose pares o[ Lot 27, Block 6, Rese~o~r Rills and of ~t 23, Block 1, Rearrang~en~ of Lots 33 and 34, Block 6, ~ese~o~r Rills an~ of that part of the vacated alley abu~n~ Block 1, '~alton's Rearraugenen~ of ~s 33 and ~ese~o~r Rills", as dedicated in said plat, vhtch lies vesCerly o~ the noccherly ~Cension of the east l~ne of Loc 23, said Block I~ Xy~n8 easterly of follo~n8 described line: Besinnin8 at a potn~ on the sou~h line of said Block I, ~alcon*s ~ea~ra~gemenc, said point be~n~ 18.00 fee~ ves~ f~om the .Sou~heas~ corner of ~c 23 of said Block 1, Wal~on's Rearrangement; thence northerly on a line 18.00 fee~ ~d parallel ~h the eas~ line o[ said Loc 23, ~o the north line ~[ said ~se~ln& and-s~bJecc co easemen~ {o ~he City of ~l~bia Heights foff purposes over ~he north t.00 fee~ of ~he ves~ 232.00 fee~ of said Block Jul. 10. 1997 5:13PM MORRt$ON & RECKER No. 9343 P. 14/15 D-__-~_n of &e WnJkw~v Pared Those pares o£ Lots 27 through 31, Block 6, lteservoit'11ill~ and thos~ pat~s of ~ts 23 a~ 2~, B~k 1~ ~aXton~s Rearransement of Lots 33 and 3~, Block 6~ Rese~oL~ ll~l].s and o~:~he vacated alley ~,bu~ln8 Block l, "~alton~s Rear~anSeman2 of ~t~ 33 and 3~, Bl~ck 6, gese~o~r Rills", as dedicated, in sa~d p~at, ly~n~ v~chin the follo~n8.desc~bed cracc~ Con~anc[n8 aC a p~inC on cbc. south of sa~d Block 1~. ~aXcon~s EearranBemenc d~.scan~ 18.00 ~ee~ vest of the southeast co~e~ of ~c 23, said Block 1, ~al~on~s Itea~ranseu~enc; ~hence northerly on 18.00 feec ves~ o~ and parallel v~Ch' the t~asc l~ne of said LoC 23, a d~s~ance 87.~ feet, to ~he ac~ua~ point of beg~un~n~ of the ~racc to be described; cheuce con[~nutn~ nor[her~y on the ~xce~on of sa~d line~ to the aorth line of Block Rese~o~ Hills; thence vesterly alons said north lin~ of Block 6s tO a point bein~ A7.23 ~ee~ ees~er~ o~ ~he no~ch~es~ corner o~ LoC 30) B~oc~ 6) H~s; ~hence southeasterly, ~o the point o~ ~e~e~u8 and subject to easements ~o t~e C~y oJ ~lumb~a ~e~Bhts '~o~ roadway purpos~ over ~he north A.00 feec of ~he ~s~ 232.00 fee~ of sa~d Block. 6, Res~o~r Hills. ~ese~n8 to, the C~y o~ Columb~ Heights a u~l~ty easemen~ over, 'un~e~, and across ~he ees~ 15.00 fee~ o~ the wes~ 22.00 fee~ of Lo~ 27, Block 6, Hil~s, ~d the ease 15.00 fee~ o~ the vest 22.00 feec o~ ~ 23, Block Eea~ranse~en~ of Lo~s 33 a~ 3~, Block 6, Rese~o~r H~lls, and ~ha~ por~o~ the vacated alley abu~nS Bloc~ 1, "galcon's ~earran~emenc of ~cs 33 and 3~, Block 6~ Rese~oLr H~lls", as dedicated ~n seLd pla~, ~Y~Z baleen ~he northerly extensions o~ the eas~ and ves~ lines o~ ~he ease 15.00 fee~ of ~he ~esC 2[.~ £eec of said LoC 23, Block 1. Jul. lO. lg97 5'i~PM MORRI$ON & HECKER EXHIBrr D Cop~~- of All Pm*~ ~_ A_~reements MANAGEMENT AGREEMENT FOR PARKING FACILITIES AND LEASE OF THE PLAZA PROPERTY by and between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS and TERRY EVENSON This document was drafted by: HOLMES & GRAVEN, Chartered 470 Pillsbury Center MinneapoLis, Minnesota 55402 TABLE OF CONTENTS PREAMBLE .................. RECITALS .................. Page · · PART I LEASE OF THE PLAZA PROPERTY ARTICLE I DEMISE OF WALKWAY PROPERTY Section 1.01. Demise of Walkway Property .... ARTICLE II TERM ~ND RENTAL Section 2.01. Term ................. Section 2.02. Rental Payments ............. Section 2.03. Sale to Redeveloper [ ............ Section 2.04. First Refusal Rights ............. 3 3 3 3 ARTICLE III USE OF WALKWAY PROPERTY Section 3.01. General ............. Section 3.02. Advertising; S~gn~ ............ Section 3.03. Compliance with La~s ............ Section 3.04. Right to Contest Laws ............ 4 4 5 5 ARTICLE IV MAINTENANCE AND REPAIR Section 4.01. Maintenance .............. -- - Section 4.02. Repairs and Replacements ........... Section 4.03. Alterations ............... Section 4.04. Damage by Redeveloper ~ ~ ~ ...... Section 4.05. Repairs and Replacements ~)on~ b A en y ...... Section 4.06. Damage by Agency ............. 6 6 6 7 7 8 (ii ARTICLE V TAXES AND UTILITIES Section $.01. Payment of Utilities ..... Section 5.02. Taxes and Assessments .... Section 5.03. Contests ........ · . 8 ARTHCLE lq INSURANCE Section 6.01. Insurance .......... Section 6.02· Insurance ProCeeds; ~eslor~tio;, Section 6.03. Liability Insurance_ .... , ...... Section 6.04. General RequirementS · . 9 · . 10 · . 10 ARTICLE VII EMINENT DOMAIN Section %01. Total Taking ............. Section 7.02. Partial Taking ............ Section 7.03. Other Damages ............ Section 7.04. Right to Appear ............ · . 10 · . 11 · .' 11 . . 11 (ii) PART II MANAGEMENT PROVISIONS ARTICLE I CONSTRUCTION AND USE OF PARKING RAMP Section 1.01. Construction of Parking Ramp ...... Section 1.02. Use of Parking Ramp ........ 12 12 ARTICLE MAINTENANCE'AND REPAIR Section 2.01. Maintenance, Repairs or Replacements Done by Redeveloper. . . . .... Section 2.03. Maintenance, Repairs and pl ce e ts o by Agency ........... Section 2.04. Payment by R'ede~el~pe; ........... 13 13 13 14 ARTICLE III INSURANCE Section 3.01. Insurance ......... Section 3.02. Insuran. e {es or tio ......... Section 3.03. Liability Insurance ............. Section 3.04. General Requirements ............ 14 14 15 15 ARTICLE IV EMINENT DOMAIN Section 4.01. Taking by City or Agency . Section 4.02· Taking by State and Federal G(~ver~lm;nt: Section 4.03. Other Damages ........ Section 4.04· Right to Appear ........ 15 16 17 17 ARTICLE V TERM, OPTION TO PURCHASE Section 5.01. Initial Term . . . SectionS.02. RenewalOptions.. "P ice~ i Section 5.03. Redeveloper's Option to u h e 17 17 17 (iii) PART III GENERAL PROVLSIONS Section 1.01. Section 1.02. Section 1.03. Section 1.04. Section 1.05. Section 1.06. Section 1.07. ARTICLE I SPECIAL COVENANTS Nondiscrimination ............. Warranty by the Agency ............ ConfLict of Interest .......... Termination by Rede'vel~pe~ .......... Release of Claims ........... Extent of Obli~tions of Ag~nc~ and City ............ Extent of Obligations of Re~ev;lo~er [ ....... 19 19 19 19 2O 2O 2O Section 2.01. Section 2.02. Section 2.03. Section 2.04. Section 2.05. Section 2.06. Section 2.07. Section 2.08. ARTICLE II DEFAULT AND ADDITIONAL PROVISIONS Default ...... NO Remed~E~ch~siv~ fpii "O~ ~aii ! ..... No Additional Waiver I 1 d by e er ..... ' Conflict of Interests; Agency Representative Not Individually Liable ........... Notices and Demands ............. Duty to Act Reasonably ............ Severability ....______ Assignable by Agency; S~cc~ss;rs and Assi~ns; R'efe'ren;es: . 2O 21 21 21 21 22 22 22 Signatures Acknowledgments Exhibit A Legal Description of the Parking Land Exhibit B Legal Description of the Walkway Land Exhibit C Map of Parking Land and Walkway Land (iv) MANAGEMENT AGR'EEM, ENT AND LEASE THIS AGREEMENT, made and entered into this _F_i)~day'"~ of ~ , ]952, by and between THE HOUSING AND, REDEVELOPMENT AUTHORIT~IN AND FOR THE CITY OF COLUMBIA HEIGH~I S, a pub]lc body corporate and politic established pursuant to Laws of Minnesota ].947, Chapter 48?, as amended, being Minnesota Statutes, Sections 462.411 - 462.?11, and having its principal office at $90-40th Avenue Northeast, Columbia Heights, Minnesota, its successors and assigns (hereinafter referred to as the "Agency"), and TERRY EVENSON, an individual residing in the State of Minnesota and with his business address at 3550 Lexington Avenue North, Suite 104, Saint Paul, Minnesota 55112 (hereinafter referred to as the "l~edeveloper"). WITNESSETH THAT, In consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: Recitals The Agency and Redeveloper have heretofore entered into a certain Contract for Private Redevelopment, dated June 1, 1981 (the "Redevelopment Contract"), in connection with a redevelopment project in the City of Columbia Heights, Minnesota, known as the Downtown C.B.D. Revitalization Project (hereinafter referred to as the "Project"). Pursuant to the Redevelopment Contract the parties have, inter alia, agreed that the Agency shall construct a 369-stal~ parking ramp (the "Parking Ramp") upon the land described on Exhibit A attached hereto and made a part hereof (said land is hereinafter referred to as the "Parking Land" and the Parking Land and Parking Ramp are hereinafter collectively referred to as the "Parking Property"), together with an open pedestrian walkway (the "Pedestrian Walkway") connecting said Parking Ramp to the adjacent improvements to be constructed by Redeveloper, upon the land described in Exhibit B attached hereto and made a part hereof (said land is hereinafter referred to as the "Walkway Land" and the Walkway Land and Pedestrian Walkway are hereinafter collectively referred to as the "Walkway Property"). Also pursuant to said Redevelopment Contract the Redeveloper has agreed to build upon .certain lands adjacent to the site of the Parking Property and Walkway Property certain improvements, designated therein as the "Minimum Improvements." The parties have further agreed pursuant to said Redevelopment Contract that the Agency and the Redeveloper shall agree upon the terms of a management agreement, to be entered into between the parties upon completion of construction of said Parking Ramp and Pedestrian Walkway. In order to offer adequate parking space for the tenants, business invitees, licensees, agents, employees, guests, or other persons lawfully having access to the office building which is a part of the Minimum Improvements as defined in the R~development Contract, it is necessary for the Agency to provide for the construction of the Parking Ramp and Pedestrian Walkway, to provide for the management of the Parking Ramp, and to provide for the lease of the Pedestrian Walkway to the Redeveloper. The Agency and the Redeveloper are desirous that the Pedestrian Walkway to be constructed by the Agency as an open plaza area, and the Parking l~amp, and any other elements of the Parking Property and Walkway Property shall be operated and maintained in a fashion satisfactory to both parties. Each of the parties has authority to enter into this Management Agreement for Parking Facilities and Lease of the Plaza Property and has taken all actions necessary to authorize its execution and delivery. PART I LEASE OF THE PLAZA PROPERTY ARTICLE I Demise of Walkway Property Section 1.0L Demise of Walkway Property. The Agency ~grees to and hereby does lease to Redeveloper, and Redeveloper agrees to and hereby does take and accept from the Agency, the Walkway Property situated in the County of Anoka, State of Minnesota, all as more fully described in Exhibit B attached hereto and made a part hereof, together with all buildings, structures and other improvements now or hereafter constructed, erected and made thereon or thereunder which constitute the Pedestrian Walkway, upon and subject to the terms, covenants and conditions herein expressed, and subject to the easements, encumbrances, rights and other matters, if any, which are set forth in Exhibit B hereto. ARTICLE II Term and Rental Section 2.01. Term. To have and to hold the Walkway Property unto the Redeveloper, for an initial term (the "Term") of ninety-nine (99) Leasehold Years beginning on the 1st day of December, 1982, and continuing from such date of beginning through the 30th day of November, 2081. Leasehold Year means a period of twelve (12) consecutive months beginning on the date of commencement of the Term or beginning on any anniversary thereof° Section 2.02. Rental Payments. The Redeveloper shall pay to the Agency as rent for the use and occupancy of the Walkway Property the sum of One Dollar ($1.00) per Leasehold Year, payable in advance, on or before the 1st day of each and every Leasehold Year of the Term, commencing on the first day of the Term hereof, and, thereafter, on each anniversary of said date. Section 2.03. Sale to Redeveloper. If', during the term of this Agreement, the Agency is desiro~ Of selling its ownership interest in the Walkway Property, or any portion thereof, whether or not upon prescribed conditions, and the Agency can lawfully sell the same, the Agency shall notify the Redeveloper in writing of its interest in such a sale. The Redeveloper may elect to negotiate with the Agency for the purchase of the Walkway Property by delivering written notice to the Agency of such election within thirty (30) days after receipt of the above- referenced Written notice from the Agency, in which event the Redeveloper and Agency agree to negotiate the terms thereof in good faith with a view to consummating a sale, if reasonably possible. This Section 2.03 shall not apply to a conveyance of the Walkway Property to the City of Columbia Heights, Minnesota (the "City) or assignment of this Agreement from the Agency to the City. Section 2.04. First Refusal Rights. Before the Agency trarmfers the title to all or any part of the Walkway Property to a third party, it shall, in writing to the Redeveloper, offer to transfer all or such part thereof to the Redeveloper on the same terms under which the Walkway Property or such part thereof would be transferred to such third party. If, within sixty (60) days after the Redeveloper receives such offer in writing, it notifies the Agency of its desire to purchase the Walkway Property or such part thereof on such terms, then the Agency shall sell to the Redeveloper the Walkway Property or such part thereof and shall convey title thereto to the Redeveloper, all on such terms. If the Redeveloper does not notify the Agency within said sixty (60) days that it desires to purchase pursuant hereto, the Agency may sell to such third party on the terms offered to the Redeveloper, but if any change is made in such terms the Walkway Property or such part thereof as would be transferred shall again be offered to the Redeveloper for the period and in the manner herein stated and on such Changed terms. If the consideration which the Agency is prepared to accept for the transfer of title to the Walkway Property or such part thereof to a third party is of a nature that the Redeveloper generally could not be expected to duplicate it, then that consideration will be converted into a cash equivalent and the Redeveloper will be given the opportunity to purchase the Walkway Property or such part thereof, based on that cash equivalent. This right of first refusal shall not apply to any transfers between the Agency and the Redeveloper or the Agency and the City, but shal~ apply to transfers by the Agency to any other party or parties. This right of first refusal shall be binding upon all successors and assigns of the Agency, and shall continue in force as to all such successors and assigns, even though it is not exercisable or exercised as to any one or more transfers. Anything herein to the contrary notwithstanding, no such offer to transfer need be made by the Agency to the Redeveloper while an Event of Default by Redeveloper e~sts under this Agreement. Any part (or all) of the Walkway Property transferred to a third party after offering the same to the Redeveloper pursuant hereto shall yet be subject to this Agreement. This Section 2.04 shall not apply to a conveyance of the Walkway Property to the City or assignment of this Agreement from the Agency to the City. ARTICLE IH Use of Walkway Property Section 3.01. General. During the Term, the Redeveloper shall use and maintain the Walkway Property in the manner and only for the purposes as provided in this Agreement. The Redeveloper shall at all times ~llow the free use and enjoyment of the Pedestrian Walkway by the general public and shall not restrict the public access thereto, subject to such reasonable rules and regulations as the Redeveloper shall establish for such access, use and enjoyment. The Redeveloper shall, at its sole cost and expense, keep the Pedestrian Walkway area free from trash and debris and remove all ice and snow from the Pedestrian Walkway and shall keep and maintain trees and other landscape vegetation thereon trimmed, watered, and in good appearance and condition. Section 3.02. Advertising; Signs. The Redeveloper shall not place or permit to be placed or maintained anY sign, placard, lettering or advertising matter of a commercial nature upon or in any building, structure, or other portions of the Walkway Property except as shall have been first approved in writing by the Agency, except that the Redeveloper may sign the Walkway Property in such manner as it determines necessary or desirable for efficient operation and maintenance thereof. 4 Section 3.03. Compliance with Laws. Subject to the provisions of Section 3.04 hereof, the Redeveloper, during the term of this Agreement, shall promptly comply with all laws, ordinances, orders, rules, regulations and requirements of all federal, state and local governmental authorities, boards, and commissions and departments thereof (all being herein together called the ~LawsM), which are applicable to the maintenance, operation, use and occupancy of the Walkway Property. Section 3.04. Right to Contest Laws. (a) Notwithstanding any provisions of this Agreement to the contrary, including, without limitation, Section 3.03 hereof, the Redeveloper shall have the right to contest by appropriate legal proceedings the ,validity or application to the Redeveloper or the Walkway Property, of any Laws of the nature referred to in Section 3.03 hereof passed, adopted, enforced or promulgated by any authority other than City, or by any board, commission or department other than those of City; provided: (i) the Redeveloper shall use its best efforts to notify the City in writing not less than ten (10) calendar days before initiating such proceedings and give full details as to the tribunal in which the proceedings are to be filed, the provision or requirement to be contested and the nature of the contest; (ii) the legal proceedings shall be conducted without cost or expense to the City or the Agency; (iii) compliance with the Law or Laws to be contested will be legally held in abeyance during the proceedings, and/or the City and the Agency will not be subjected, during the proceedings, to any civil liability, or the risk of any criminal liability whatsoever, for the failure to eomlSly therewith, and no lien or charge of any kind shall be incurred against the Walkway Property or any interest of the City and/or the Agency or the Redeveloper therein during the proceedings; (iv) the proceedings shall be prosecuted with 'all due diligence; and (v) upon final judgment in or settlement of the proceedings, the Redeveloper will comply with such Law or Laws so contested to the extent required by the final judgment or settlement, and will pay any lien or charge against the Walkway Property or any interest of the City and/or the Agency of the Redeveloper therein, and will pay or perform any civil liability against the City and/or the Agency or the Redeveloper resulting from such contest, all pursuant to such final judgment or settlement. (b) Notwithstanding any provision of this Agreement to the Contrary, including, without limitation, Section 3.03 hereof, the Redeveloper shall have the right to contest the validity of or application to the Redeveloper or the WaLkway Property of any Laws of the nature referred to in Section 3.03 hereof, which may hereafter be adopted, passed, enforced or promulgated by the City, or any of its boards, commissioners or departments which conflict with, or nullify in whole or in part, any provision of this Agreement, or which will impose an additional burden or additional liability on the Redeveloper. (e) The Redeveloper shall not be in default under this Agreement for noncompliance with any one or more Laws while the Redeveloper is contesting such Laws pursuant to this Section 3.04. ARTICLE IV Maintenance and Repair Section 4.01. Maintenance. During the Term, Redeveloper assumes the full and sole responsibility for the condition, repair and maintenance of the Walkway Property, whether structural or nonstructural, ordinary or extraordinary, and whether foreseen or unforeseen. Section 4.02. Repairs and Replacements. (a) During the Term, Redeveloper shall be responsible for all necessary repairs and replacements to the Walkway Property, including the structural elements thereof; subject, however, to the provisions of Sections 4.05 and 4.06 hereof. All repairs and replacements shall be at least equal in quality to the original and performed in a workmanlike manner. (b) Upon receipt of notice from the Agency that it reasonably deems repairs or replacements to the Walkway Property are necessary to fulfill the obligations of Redeveloper under this Agreement, and specifying in detail the kind of, extent of and timing of such repairs or replacements, the Redeveloper agrees (if such repairs or replacements are the obligation of Redeveloper under this Agreement), that it will, subject to Unavoidable Delays, cause the same to be accomplished within the time periods set forth in said notice, unless Redeveloper, within fifteen (15) days after receipt by it of such notice gives written notice to the Agency that Redeveloper objects to the need for, extent of or timing of the repairs or replacements set forth in the notice from the Agency. If Redeveloper so objects, and if the Agency and Redeveloper cannot agree on the need for, extent of or timing of any structural repairs or replacements, then Redeveloper and Agency shall each select a professional engineer registered and licensed in Minnesota, and the two engineers shall select a third engineer registered and licensed in Minnesota and such third engineer shall determine the need, if any, for such repairs or replacements, and the extent and timing thereof, and Redeveloper and the Agency shall be bound by the report of said engineer, and Redeveloper shall accomplish such repair and replacement if decided by said engineer to be necessary, and to the extent and within the time period or periods determined by said engineer, subject, however, to Unavoidable Delays; provided, Redeveloper shall have no obligations to make any such repairs or replacements which, by such report, are to be done subsequent to expiration of the Term. The Redeveloper shall pay the cost of obtaining such report from such engineer. This Section 4.02(b) shall not apply to repairs or replacements required to be done by the Agency pursuant to Sections 4.05 or 4.06 of this Part I of this Agreement. Unavoidable Delays means delays which are the direct result of casualties, war, civil commotion, embargo, strikes, litigation and all other causes or events which are beyond the reasonable control of the Redeveloper or the Agency. (e) The Agency shall have no responsibility for repairs or replacements except as specifically herein provided. Nor shail the Agency have ~ny obligation hereunder to inspect the Walkway Property to determine the necessity of repairs or replacements. Section 4.03. Alterations. (a) Nonstructural Alterations. The Redeveloper shall have the right to do nonstructural remodeling of the Pedestrian Walkway, and to make nonstruetural substitutions, additions, modifications, deletions and improvements to the Walkway Property, from time to time as it, in its discretion, 'tony deem to be necessary or desirable, provided, however, that the uses and purposes of the Walkway Property shall not be changed. The costs of such remodeling, substitutions, additions, modifications and improvements shall be paid by Redeveloper, and such substitutions, additions and improvements shall be included under the terms of this Agreement: es part of the Walkway Property and shalI become the property of the Agency, but as between the Agency and the Redeveloper, the Redeveloper shall retain all available tax credits, deductions and benefits thereof. (b) Structural Alterations. The 'Redeveloper shall not make or do any structural remodeling or make any structural alterations, modifications or additions in or to the Walkway Property without the prior written approval of the Agency and then only in accordance with such technical specifications, practices and other conditions as may be reasonably required by the City Engineer. All structural alterations, modifications or additions in and to the Walkway Property shall be deemed a part of the Walkway Property and become the property of the Agency, in the absence of agreement 'to the contrary or unless the Agency shall require, at the time of granting its approval, that Redeveloper shall remove the same at the end of the Leasehold Term and restore the Leased Premises to its prior originally existing condition. In any event, as between Agency and Redeveloper, Redeveloper shall retain all available tax credits, deductions and benefits thereof. Section 4.04. Damage by Redeveloper. The Redeveloper, subject 'to Unavoidable Delays, shall repair promptly any damage to the Walkway Property caused by the negligence or intentional act of its employees or agents acting within the scope of their employment or performance of their duties on behalf of the Redeveloper. Section 4.05. Repairs and Replacements Done by Agency. If the Agency is legally required to make or do any repairs or replacements to the Walkway Property which the Redeveloper is obligated, by this Agreement, to make or do, then the Redeveloper agrees that the Agency may make or do such repairs or replacements. If repair or replacement is done or caused to be done by Agency pursuant hereto, (i) it shall be at least equal in quality to the original and shall be done in a workmanlike manner, (ii) the Redeveloper shall have the right to approve the plans and specifications for the work before approval thereof by Agency, to inspect and approve the work before acceptance by Agency, to inspect and approve the work when completed before final acceptance by Agency, and to approve work schedules to avoid unnecessary interference with the operations of the Walkway Property and Minimum Improvements, (iii) the Redeveloper shall provide the Agency with monies sufficient to pay the reasonable cost of such repair or replacement, and (iv) the Agency shall cause such repair and/or replacement to be promptly done, subject to Unavoidable Delays. If the Agency is ready and willing to approve and accept any part of the work, or to give its final acceptance of the work, but the Redeveloper withholds its approval and acceptance, then the Agency agrees not to give its approval and acceptance until the Redeveloper also agrees to give its approval and acceptance. The Redeveloper agrees to hold the Agency harmless from any loss, cost, damage or expense, including mechanics' liens, arising out of the withholding by the Agency of its approval and acceptance due to the Redeveloper's withholding of its approval and acceptance. Section 4.06. Damage by Agency. The Agency, subject to Unavoidable Delays, at its own expense shall: (a) repair, replace or restore any portion of the Walkway Property which is removed or dismantled by the City or the Agency in making any repairs or replacements to, or constructing or reconstructing, the existing City utilities or future City utilities or to the public streets; and (b) repair or replace any part of the Walkway Property damaged by the negligence or intentional act of its officers, employees, agents or contractors acting within the scope of their employment or performance of their duties on behalf of the Agency. Agency shall use its best efforts to ensure that repairs, replacements and restoration done by Agency pursuant to this section, will be done with due diligence and in such manner as to cause as little interference as possible with the operation of the Walkway Property and Minimum Improvements. ARTICLE V Taxes and Utilities Section 5.01. Payment of Utilities. The Redeveloper shall pay, or cause to be paid, promptly before the same shall become delinquent, all charges for gas, water, steam, electricity, light, heat, air conditioning, power, telephone or other service or utility used, rendered or supplied upon, or in connection with, the Walkway Property during the Term and will save the Agency harmless against any liability or expense for any such charge. Section 5.02. Taxes and Assessments. It is specifically understood and agreed that real estate taxes or ad valorem taxes will be agsessed, levied and imposed against the Walkway Property during the Term. The Redeveloper agrees to pay, before the same become delinquent and before any penalty, interest or costs, may be added thereto for the nonpayment thereof, all real estate or ad valorem taxes assessed or levied upon the Walkway Property, or any part thereof, during the Term, and which, if not paid within the Term, would be considered delinquent within the Term. The Redeveloper agrees to comply with the provisions relating to real property taxes contained in the Redevelopment Contract with the Agency and the provisions of any Assessment Agreement entered into by the Redeveloper with the City Assessor or other governmental or assessing authority. The Redeveloper shall pay, before they become delinquent, all instaUments of special assessments and any other governmental charges, general or special, which may be assessed, levied or imposed upon or with respect to the Walkway Property or Redeveloper's interest therein, during the Term, and which, if not paid within the Term, would be considered delinquent within the Term. The Redeveloper agrees to furnish the Agency within ten (10) days after written request therefor, satisfactory evidence of proof of payment of any tax, assessment or charge to be paid by the Redeveloper hereunder, unless the same is being contested pursuant to this Agreement. 8 Section 5.03. Contests. Subject go the limitations set forth in the Redevelopment Contract and any Assessment Agreement between' the Redeveloper and the City Assessor or other governmental or assessing authority, the Redeveloper may contest, in good faith and with due diligence, real estate taxes, special assessments, utility charges and other governmental charges after first notifying the Agency in writing of its intention to do so and furnishing the Agency a bond or other security reasonably satisfactory to the Agency to protect the Agency against any risk, claim or damages arising out of such contest, unless the Agency shall reasonably determine that by such contest, and notwithstanding such security, the interest of the Agency, as owner, in the Walkway Property will be materially endangered or materially adversely affected. The Redeveloper shall not be in default under this Agreement for nonpayment of any tax, assessment or charge hereunder while such payment is being contested by the Redeveloper pursuant to this Agreement. ARTICLE VI Insurance Section 6.01. Insurance. The Redeveloper, at its sole expense, shall keep the Walkway Property insured against direct damage covering all risk of loss, including but not limited to fire, extended damage perils, vandalism and malicious mischief, and coLlapse, on a replacement cost basis in an amount equivalent to the full insurable value thereof. Full insurable value shall include the actual replacement cost of the improvements, architectural and engineering fees, without deduction for depreciation. The poliey shall be subject to a no ac-insurance clause and shall contain ~,o deduction [,rovisiom The Agency and the Redeveloper shall be named as insured parties as their interest may appear, and the policy shall provide that it may not be canceled without at least thirty (30) days prior notice to the Agency and the Redeveloper. Section 6.02. Insurance Proceeds{ Restoration. (a) If any part of the Walkway Property is damaged or destroyed by fire or any other insured casualty, the entire proceeds of all insurance which are payable by reason of such damage or destruction shall be used to restore, as promptly as possible, the Walkway Property to as near the condition which existed immediately before such damage or destruction as is reasonably possible. (b) If the Walkway Property is to be restored pursuant to paragraph (a) above, the Redeveloper shall promptly pro<..eed to repair and restore the same to substantially the same condition as existed before such casualty and shall receive the insurance proceeds for such purpose and shall pay all costs incurred therefor from the insurance proceeds. Any repairs or replacements undertaken pursuant to this Section 6.02 shall be at least equal in quality to the original and shall be done in a workmanlike manner. The Redeveloper shall be entitled to retain all insurance proceeds paid as a result of such casualty in excess of the cost to repair and restore. Neither the Agency nor the Redeveloper shall be obligated to provide any funds or expend any monies from any source for the purpose of such restoration and repair, except amounts received and available for such purpose from insurance proceeds. (c) If the insurance proceeds paid as a result o~ such casualty exceed the sum of $5,000.00, the full amount thereof shall be held by an escrow agent mutually satisfactory to the Agency and the Redeveloper and shall be disbursed in connection with repair and restoration in a manner reasonably agreed upon by the Agency and the Redeveloper suitable to insure that the funds will be used for such purposes and that proper and full payment is made therefor. Section 6.03. Liability Insurance. The Redeveloper shall procure and maintain continuously in effect, during the term of this Agreement, policies of insurance of the kind and minimum amount as follows: Comprehensive general liability insurance in amounts of not less than'(a) $300,000 for injury to or death of any one person; (b) $1,000,000 for injuries or deaths arising in any one occurrence; and (e) $1,000,000 for property damage in any one occurrence; occurring on the Walkway Property or arising out of the use thereof, but the policies also may have annual aggregate limits of not less than $1,000,000. The Agency shall be an insured party and the policy shall provide that the policy may not be cancelled without at least thirty (30) days prior notice to the Agency and the Redeveloper. Section 6.04. General Requirements. ALl insurance required under this Article shall be placed and maintained with responsible insurance companies licensed to do business in the State of Minnesota. The Redeveloper shall furnish the Agency with a certificate or certificates of insurance evidencing the coverages required and that such insurance is in force and effect. The insurance required may be provided by a blanket insurance policy or policies. Each policy of insurance shall contain a provision that no act or omission of the Agency or the Redeveloper shall effect or limit the obligation of insurer to pay the amount of Kny loss sustained and shall contain the standard form of waiver of subrogation by the insurer. The Redeveloper and the Agency each hereby waives any and all rights of recovery against the other,, and against the officers and employees of the other, foz. loss or damage to the Walkway Property, to the extent of any insurance proceeds realized as a result of such loss or damage. ARTICLE VII Eminent Domain Section 7.01. Total Taking. If, during the term of this Agreement, the entire Walkway Property shall be acquired and taken as a result of the exercise of the power of eminent domain, or if less than the entire Walkway Property shall be acquired and taken but, in the reasonable judgment of the Redeveloper, the remainder thereof is no longer useful for its intended purposes or the Pedestrian Walkway cannot be rebuilt and used in a practical way for the purposes for which the same was originally constructed, then, without the further act or deed of any party hereto, this Part I of this Agreement shall terminate as of the date the condemning authority takes physical possession of the Walkway Property or a material portion thereof. If this Agreement is so terminated, the condemnation award shall be divided between the Redeveloper and the Agency as follows: (a) The Agency shall first receive, as its property, a sum equal to (i) the price paid by the Agency for the purchase of the property on which the Pedestrian Walkway is located, plus (ii) the direct cost paid by the Agency to suppliers of material, equipment and labor for actual construction of the Pedestrian Walkway. 10 (b) The balance of the award, if any, shall belong to and be paid to the Redeveloper as its property. Section 7.02. Partial Taking. If, during the term of this Agreement, less than the entire Walkway Property shall be acquired and taken as a result of the exercise of the power of eminent domain, and, in the reasonable judgment of the Redeveloper, the remainder thereof can be used for its intended purpose and the Pedestrian Walkway can be rebuilt and used in a practical way for the purposes for which the Pedestrian Walkway was originally constructed, then the entire proceeds of the eminent domain proceedings shall be made available to restore the Pedestrian Walkway to as near the condition which existed immediately prior to the taking as reasonably possible in the samE; manner as provided in paragraphs (b) and (c) of Section 6.02 hereof with regard to restoration and repair as a result of a casualty. In no event will the Redeveloper or the Agency, in restoring the Pedestrian Walkway, be required to expend more money than the proceeds of the award in the eminent domain proceedings. If there is any excess of award over the cost of restoration, it shall belong t° and be paid to the Redeveloper as its property. Section 7.03. Other Damages. The Redeveloper and the Agency shall each have the right to prove and collect as their own property, damages other than for the Pedestrian Walkway, such as, but without limitation, loss of business, relocation of business and personal property and appraisal fees. The Redevelop&r also shall be entitled to prove and collec': as its own property, all severance damages due to severance of the Walkway Property from other adjoining property then leased or owned by the Redeveloper. ' Section 7.04. Right to Appear. The Agency and the Redeveloper shall each have the right, at their sole cost and expense, to participate by counsel of its own choice in any proceeding regarding the taking by exercise of the power of eminent domain of all or any part of the Walkway Property. 11 PART II MANAGEMENT PROVISIONS ARTICLE I Construction and Use of Parking Ramp Section 1.01. Construction of parking Ramp. The Agency agrees to construct the Parking Ramp on the Parking Land. The Parking Ramp shall be constructed and available for use by the Redeveloper and the tenants of the Minimum Improvements on or before substantial completion and partial initial occupancy of the Minimum Improvements. Section 1.02. Use of Parking Ramp. If the Redeveloper completes construction of the Minimum Improvements and receives a Certificate of Completion (as defined in the Redevelopment Contract) from the Agency and if the Redeveloper is in compliance with Section 1.03 of Part II hereof, then the Agency agrees to the following: (a) In order to provide for the most efficient use of the Parking Ramp by the general public and to assist in the redevelopment of the Project, between the hours of 6:00 a.m. and 6:00 p.m. on every Business Day (as hereinafter defined) of the year, the entire Parking Ramp shall, through the promulgation by Redeveloper of reasonable rules and regulations, be reserved solely for the use of those members of the general public who are tenants, business lnvitees, licensees,' agents, employees, or guests of the Minimum Improvements. The term "Business Day" means any Monday, Tuesday, Wednesday, Thursday or Friday of any week if such ts not a state or federal legal holiday. If at any time subsequent to the date of Agreement the Agency and the Redeveloper mutually determine and agree that the Parking Ramp is not being fully utilized by the members of the general public described in this Section during'the periods of time described in this Section, then the Agency and the Redeveloper may establish by mutual agreement the terms and conditions for permitting use of a portion of the Parking Ramp by all members of the general public between the hours of 6:00 a.m. and 6:00 p.m. on Business Days. (b) The Agency shall promulgate reasonable rules and regulations and determine any schedule of parking fees and charges, for the use of the Parking Ramp by ali members of the general public on any Saturday, Sunday, any State and Federal holiday, and between the hours of 6:00 p.m. and 6:00 a.m. on any business day. Provided, however, that tenants of the Minimum Improvements and their employees shall be allowed to park without charge during any such day or time except when the Parking Ramp is closed entirely. (e) Any schedule of parking fees and charges to be imposed upon users of the Parking Ramp at those-periods of time described in subsection (a) of this Section 1.02 by either Agency or Redeveloper shall be established only as hereinafter provided. No parking fees or charges of any kind or nature may be mposed pursuant to this subsection unless Agency first determines that parking ecs and charges are necessary, and obtains the written approval of Redeveloper for such fees and charges. The Agency may apply for such approval by delivering 12 · to the Redeveloper in writing an application to apply a schedule of fees and charges pursuant to this Section. The application shall be accompanied by the proposed schedule of fees and charges. The Agency shall provide such additional information as the Redeveloper shall reasonably request with respect to such application. Notwithstanding the provisions of Section 2.06 of Part III of this Agreement, Redeveloper's approval of the application of the Agency shall be within the absolute discretion of the Redeveloper. ARTICLE II Maintenance and Repair Section 2.01. Maintenance~ Repairs or Replacements Done by Redeveloper. (a) During the term of this Part II of this Agreement, Redeveloper assumes the full and sole responsibility for all repair and replacement of the structural elements of the Parking Ramp including the foundation, walls, parking decks and roof thereof and of the plumbing, elevators, lighting and heating systems contained therein, whether foreseen or unforeseen. All such repairs and replacements shall be at least equal in quality to the original and performed in a workmanlike manner. Redeveloper's obligations shall in no way diminish the Agency's responsibility under Section 2.03 below. (b) Upon receipt of notice from the Agency that it reasonably deems such repairs or replacements described in subsection (a) of this Section 2.01 are necessary to fulfill the obligations of Redeveloper under this Agreement, and specifying in detail the kind of, extent of and timing of such repairs or replacements, the Redeveloper shall, subject to Unavoidable Delays, caLtse the same to be accomplished within the time periods set forth in said notice, unless Redeveloper, within fifteen (15) days after receipt by it of such notice gives written notice to the Agency that Redeveloper objects to the need for, extent of or timing of such repairs or replacements set forth in the notice from the Agency. If Redeveloper so objects, and if the Agency and Redeveloper cannot agree on the need for, extent of or timing of any such repairs or replacements then Redeveloper and Agency shall each select a professional engineer registered and licensed in Minnesota, and the two engineers together shall select a third professional engineer registered and licensed in Minnesota, and such third engineer shall determine the need, if any, for such repairs or replacements and the extent and timing thereof, and Redeveloper and the Agency shall be bound by the report of said engineer, and Redeveloper shall accomplish such repair or replacement if decided by said engineer to be necessary, to the extent and within the time period or periods determined by said engineer, subject, however, to Unavoidable Delays, es such delays are defined in Section 4.02 of Part I of this Agreement; provided, Redeveloper shall have no obligation to perform any such repairs or replacements which, by such report, are to be done subsequent to expiration of the Term. The Redeveloper shall pay the cost of obtaining such report from such engineer. (e) The Agency shall have no responsibility for such repairs or replacements as are described in subsection (a) of this Section 2.01. Section 2.02. Damage by Redeveloper. The Redeveloper, subject to Unavoidable Delays, shall repair promptly any damage to the Parking Ramp caused by the negLigence or intentional act of its employees or agents acting within the scope of their employment or performance of their duties on behalf of the Redeveloper. 13 Section 2.03. ~Maintenanc% Repairs and Replacements Done by Agency. (a) During the term of this Part II of this Agreement the Agency assumes the full and sole responsibility for the operation and for the condition, repair and maintenance of the Parking Ramp, including without limitation, maintenance of pavement markings, bumper guards and wheel bloeksi maintenance of gates and barricades; maintenance of the premises in a clean, presentable condition; removal of snow, ice and other obstructions from the Parking Ramp and from driveways and sidewalks on the Parking Property; minor necessary repairs to the plumbing, lighting and heating, maintenance of all directional and informational signs located within or on the exterior of the Parking Ramp. Repairs and replacements undertaken hereunder by the Agency shall be at least equal in quality to the original and shall be done in a workmanlike manner, and shall be promptly undertaken by the Agency, subject to Unavoidable Delays, az such delays are described in Section 4.02(0) of Part I of this Agreement. The Parking Ramp shall be maintained diligently and in such a manner az to prevent unnecessary deterioration of the Parking Ramp. (b) Upon receipt of notice from the Redeveloper that it reasonably determines that the Agency is not properly maintaining the Parking Ramp in such a manner as to prevent unnecessary deterioration thereof, which notice shall set forth specific actions that Redeveloper reasonably believes necessary for the proper maintenance of the Parking Ramp, the Agency agrees that it will mainta/n the Parking Ramp or cause it to be maintained in a manner reasonably acceptable to the Redeveloper. If, after receipt of such notice from the Redeveloper, the Agency fails to take the specific actions reasonably requested by the Redeveloper and if the Agency's failure to do so causes unnecessary deterioration of the Parking Ramp, then the Agency shall be liable to the Redeveloper for the costs of repairing such unnecessary deterioration. Section 2.04. Payment by Redeveloper. (a) The Agency intends to subcontract its responsibility hereunder for the operation and maintenance of the Parking Ramp. Subject to subsection (b), below, and subject to the requirements of any applicable public bidding statutes, the Agency agrees to award such subcontract to a party mutually agreed upon by Redeveloper and Agency. In such event, Redeveloper shall pay directly to such party as they become due, any and all costs incurred by the Agency pursuant to such subcontract. ~ (b) Agency shall have the right to operate and maintain the Parking Ramp itself, in such event Agency shall use its best efforts to operate and maintain the Parking Ramp in a manner so that the costs thereof will not be materially higher than the similar costs then being incurred by the owners or operators of private parking facilities similar in nature to the Parking Ramp. Redeveloper shall pay all costs incurred by the Agency for the operation and maintenance of the Parking Ramp as such costs become due, except to the extent that such costs are unreasonably higher than similar costs then being incurred by owners or operators of private parking facilities similar in nature to the Parking Ramp. 14 ARTICLB IH Insurance Section 3.01. Insurance. The Agency shall keep the Parking Ramp insured against direct damage covering all risk of loss, including but not limited to fire, extended damage perils, vandalism and malicious mischief, and collapse, on a replacement cost basis in an amount equivalent to the full insurable value thereof. Full insurable value shall include the actual replacement cost of the improvements, architectural and engineering fees, without deduction for depreciation. The policy shall be subject to a no co-insurance clause and shall contain no deduction provision. The Agency and the Redeveloper shall be named as insured parties as their interest may appear, and the policy shall provide that it may not be cancelled without at least thirty (30) days prior notice to the Agency and the Redeveloper. Section 3.02. Insurance Proceeds; Restoration. (a) If any part of the Parking Ramp is damaged or destroyed by fire or any other insured casualty, the entire proceeds of all insurance which are payable by reason of such damage or destruction shall be used to restore, as promptly as possible, the Parking Ramp to as near the condition which existed immediately before such damage or destruction as is reasonably possible. (b) If the Parking Ramp is to be restored pursuant to paragraph (a) above, the Agency shall promptly proceed to repair and restore the same to substantially the same condition as existed before such casualty and shaXl receive the insurance proceeds for such purpose and shall pay all costs incurred therefor from the insurance proceeds. Any repairs or replacements undertaken pursuant to this Section 3.02 shall be at least equal in quality to the original and shall be done in a workmanlike manner. The Redeveloper shall be entitled to receive all insurance proceeds paid as a result of such casualty in excess of the cost to repair and restore. Neither the Agency nor the Redeveloper shall be obligated to provide any funds or expend any monies from any source for the purpose of such restoration and repair, except amounts received and available for such purpose from insurance proceeds. Section 3.03. Liability Insurance. The Redeveloper shall procure and maintain continuously'in effect, during the 'term of this Part II of this Agreement, policies of insurance of the kind and minimum amount as follows: Comprehensive general liability insurance in amounts of not le~ than (a) $300,000 for injury to or death of any one person; (b) $1,000,000 for injuries or deaths arising in any one occurrence; and (e) $1,000,000 for property damage in any one occurrence; occurring on the Parking Ramp or arising out of the use thereof, but the policies also may have annual aggregate limits of not less than $1,000,000. The Agency and Redeveloper both shall be insured parties and each policy shall provide that tt may not be cancelled without at least thirty (30) days prior notice to the Agency and the Redeveloper. Section 3.04. General Requirements. All insurance required under this Article shall be placed and maintained with responsible insurance companies licensed to do business in the State of Minnesota. The Agency shall furnish the Redeveloper with a certificate or certificates of insurance evidencing the 15 coverages required and that such insurance is in force and effect. The insurance required may be provided by a blanket insurance policy or policies. Each policy of insurance shall contain a provision that no act or omission of the Agency or the Redeveloper shall effect or limit the obligation of insurer to pay the amount of any loss sustained and shall contain the standard form of waiver of subrogation by the insurer. The Redeveloper and the Agency each hereby waives any and al/rights of recovery against the other, and against the officers and employees of the other, for loss or damage to the Parking Ramp, to the extent of any insurance proceeds realized as a result of such loss or damage. ARTICLE IV Eminent Domain Section 4.01. Taking by City or Agency. (a) If, during the term of this part II of this Agreement, the City or Agency acquire Redeveloper's entire interest in the Parking Ramp by eminent domain, or if less than the entire Parking Ramp shall be acquired and taken, but in the Redeveloper's reasonable judgment the remainder thereof is no longer useful for its intended purpose, Redeveloper may terminate this Part II of this Agreement, and Redeveloper shall notify Agency in writing within ninety (90) days of such taking whether it chooses to terminate this Part II of this Agreement. If Redeveloper chooses not to terminate this Part II of this Agreement, the.parties shall proceed as provided in subsection (b) of this Section 4.01 (b) If, during the term of this Part II of this Agreement, the Agency or City acquire by condemnation any part or all of Redeveloper's interest in the Parking Ramp, and this Part II of this Agreement is not terminated by Redeveloper, Agency shall provide Redeveloper with substitute parking spaces, within a commercially reasonable distance of the Minimum Improvements, the number of which shall be equal to the number of parking spaces acquired by condemnation. If part or all of Redeveloper's interest in the Parking Ramp is so acquired at any time after the Minimum Improvements are fully occupied, the number of spaces to be provided by the Agency hereunder shall be decreased by the number of spaces, if any, which at the time of such condemnation were open to all members of the general public pursuant to the provisions of Section 1.02(a) of this Part II of this Agreement. (e) Redeveloper shall reimburse Agency, f6r the cost to the Agency of providing Redeveloper with additional parking spaces pursuant to subsections (a) or (b) of this Section 4.01, but only to the extent of any condemnation award received by Redeveloper for the taking of its interest in the Parking Ramp. Redeveloper shall retain the amount, if amy, by which the condemnation award exceeds the Agency's costs for providing such parking spaces to Redeveloper. To the extent, if at all, that Agency's cost for the additional parking spaces exceeds the condemnation award, Agency shall be solely responsible for such costs. 16 Section 4.02 Takin~ by State or Federal Government. (a) If, .during the term of this Part ri of {his Agreement, the entire Parking Ramp shall be acquired and taken by the state or federal government as a result of the exercise of the power of eminent domain, or if less than the entire Parking }{amp shall be acquired end taken but, in the reasonable judgment of the Redeveloper, the remainder thereof is no longer useful for tis intended purposes or the Parking Ramp cannot be rebuilt and used in a practical way for the purposes for which the same was originally constructed, then Redeveloper shall notify the Agency within ninety (90) days of such condemnation whether it chooses to terminate this Part II of this Agreement. If it chooses to terminate this Part II of this Agreement such termination shall be effective as of the date the condemning authority takes physics/ possession of the Parking Ramp or a materiel portion thereof. If this Agreement is so terminated, the condemnation award shall be divided between the Redeveloper and the Agency as follows: (i) The Agency shall first receive, as its property, a sum equal to (A) the price paid by the Agency for the purchase of the property on which the Parking Ramp is located, plus (B) the direct cost paid by the Agency to suppliers of material, equipment and labor for actual construction of the Parking Ramp. (ii) The balance of the award, if any, shall belong to and be paid to the Redeveloper as its property. If Redeveloper chooses not to terminate this Part 12 of this Agreement, the parties shall proceed as provided in subsection (b) of this Section 4.02. (b) If, during the term of this Agreement, less than the entire Parking Ramp shall be acquired and taken as a result of the exercise by the state or federal government of the power of eminent domain, and, in the reasonable judgment of the Redeveloper, the remainder thereof cs~ be used for its intended purpose and the Parking Ramp can be rebuilt and used in a practical way for the purposes for which the Parking Ramp'was originally constructed, then the entire proceeds of the eminent domain proceedings shall be made available to the Agency (i) for the restoration of the Parking Ramp to as near the condition which existed immediately prior to the taking as reasonably possible in the same manner as provided in paragraphs (b) and (c) of Section 3.02 hereof with regard to restoration and repair as a result of a casualty, and/or (ii) to the extent reasonably possible for the provision of substitute parking spaces within a commercially reasonable distance of the minimum improvements. In no event will the Redeveloper or the Agency, in restoring the Parking Ramp or providing substitute parking spaces be required to expend more money than the proceeds of the award in the eminent domain proceedings. If there is any excess of award over the cost of restoration and/or the provision of substitute parking spaces, it shall belong to and be paid to the Redeveloper as its property. Section 4.03. Other Damages. The Redeveloper and the Agency shall each have the right to prove and collect as their own property, damages other than for the Parking Ramp, such as, but without limitation, loss of business, relocation of business and personal property and appraisal fees. The Redeveloper also shall be entitled to prove and collect as its own property, ail severance damages due to severance of the Parking Ramp from other adjoining property then leased or owned by the Redeveloper. Section 4.04. Right to Appear. The Agency and the Redeveloper shall each have the right, at their sole cost and expense, to participate by counsel of its own choice in any proceeding regarding the takin~ by exercise of the power of eminent domain of all or any part of the Parking Ramp. ARTICLE V Term, Option to Purchase Section 5.01. Initial Term. The term of this Part Il of this A~reement shall be for a period of t,~enty (20) years be~Irmtr~ on the Commencement Date. The term "Commencement Date" means the date which is the later of the date when the Parking Ramp is initially made available for parking or the date when the Minimum Improvements are initially occupied by one or more tenants. Section 5.02. Renewal Options. The Redeveloper shall be permitted to renew this Part II of this Agreernent for an additional period of ten (10) years from the date of expiration of the initial term referred to in Section 3.01 above. Redeveloper will be deemed to have exercised such renewal option unless Redeveloper notifies Agency of its intention not to renew by delivery of a written notice to the Agency at least ninety (90) days prior to expiration of the initial term of this Agreement. Thereafter this Part rf of this A~reement shall be automatically renewed for additional ten (10) year periods upon expiration of any term of this Agreement unless notice is del/rated as hereinabove provided. In no event shall the cumulative term of this Part Il of this Agreement exceed forty (40) years. . Section 5.03. Redeveloper's Option to Purchase. If Redeveloper exercises its option to renew P~rt II of this Agreement pursuant to Section 5.02 of this Part ~l of this Agreement for the full forty (40) years, then the Redeveloper shall have and f~ hereby granted the option to purchase the Parking Ramp Property, and the Aj~ency hereby agrees, to sell the Parking Ramp Property t.o Redeveloper at the end of the fortieth (40th) Management Year upon rdnety (90) days written notice to Ai~ency that Redeveloper elects to exercise its option to purchase. The purchase pmee shall be One Dollar ($1.00). Provided, however, that Redeveloper may only exercise said option to purchase if Redeveloper is not in default as described in Sect/on 2.01 of Part III of this Agreement. (b) In the event that the Redeveloper exercises such option to purchase pursuant to subsection (a) of this Section 5.03: (i) the Redeveloper if'requested by the Agency shall negotiate in good faith with regard to the question whether continued use of the ramp by the general public for parking l~urposes pursuant to Section 1.02 (a)of Part II) of this Agreement is consistent with the theh us'e o~ the ramp by the Redeveloper. PART III GENERAL PROVISIONS ARTICLE I Special Covenants Section 1.0L Nondiscrimination. The Redeveloper shall not discriminate on the basis of race, color, creed, national origin, or sex in the operation and use of the Parking Property or the Walkway property. Section 1.02. Warranty by the Agency. The Agency and City warrants to the Redeveloper that upon issuance of the Certificate of Occupancy the Pedestrian Walkway and the Parking Ramp will have been completed in accordance with the plans and specifications therefor as such plans and specifications have been modified by change order, in substantial compliance with all laws and ordinances relating to building and zoning, and that Redeveloper's use thereof shall not be interrupted due to a failure by Agency or City to comply with such laws and ordinances. Section 1.03. Conflict of Interest. The Redeveloper represents that, to the best of Redeveloper's knowledge, no aiderman, or other officer or employee of the City or the Agency is directly or indirectly financially interested in this Agreement or any contract, agreement or job hereby contemplated to be entered Into or hereby undertaken. No offi¢iai or employee of the City or the Agency sh~ll have any personal interest, direct of indirect, in this Agreement. Section 1.04. Indemnity. The Redeveloper agrees to indemnify and save the City, the Agency, and their officers and employees harmless from and against any and all claims and demands, and resulting damages, costs and expenses, including reasonable attorneys'~ fees, of any kind or nature whatsoever arising from: (a) The use and occupancy of the Parking Property or Walkway Property by the Redeveloper; the operation or management of the Walkway Property; the condition or maintenance of the Walkway Property (except such conditions which arise from incomplete or faulty original construction); or from any act or negligence of the Redeveloper, its agents, contractors, servants or employees in or about the Parking Property or Walkway Property; (b) Breach or default on the part of the Redeveloper of any covenant or agreement on the part of the Redeveloper to be performed pursuant to the terms of this Agreement; (e) Violation of any law, ordinance or regulation affecting the Parking Property or Walkway Property, or a part thereof, or the use or occupancy thereof. In case of any action or proceeding brought against the Agency or the City by reason of any such claim, upon notice from the Agency or the City, the Redeveloper convenants to defend such action or proceeding by counsel reasonably satisfactory to the Agency or the City. 19 The obligation of the Redeveloper hereunder shall not be limited to the extent of insurance carried by or provided by the Redeveloper Or subject to any exclusions from coverage in any insurance poUcy. Section 1.05. Release of Claims. The Redeveloper does hereby waive any and all claims for, and does hereby release the City, the Agency, and their officers and employees from any and all costs, expenses, and damage incurred by the Redeveloper to the personal property of the Redeveloper on the Parking Property or Walkway Property and specifically agrees that the City, the Agency, and their officers and employees, shall not be liable to the Redeveloper, its successors and assigns, therefor (except for claims arising out of the negligence of the City or the Agency). Section 1.06. Extent of Obligations of Ai:ency and City. All covenants, stipulations, promises, agreements and obligations of the City and the Agency contained in this A~reement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and the Agency and not of any officer or employee of the City or the Agency in his or her individual capacity, and no recourse shall be had by the Redeveloper, its successors or assi/~ms, for any claim based hereunder against any officer or employee of the City or the Agency authorizing or executing this Agreement. Section 1.07. Extent of Obligations of Redeveloper. ALl covenants, stipulations, promises, agreements and obligations of the Redeveloper contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Redeveloper and not of any employee' of the Redeveloper in his or her individual capacity, and no recourse shall be had by the City, the Agency, or their successors or assigns, for any claim based hereunder against any employee of the Redeveloper authorizir~ or executing this A~eement. ARTICLE II Default and Additional Provisions Section 2.01. Default. If the Redeveloper fails to perform any of the duties imposed upon it by"this Agreement or violates any provision hereof and such default continues for a period of thirty (30) days after the Agency has given the Redeveloper and any mortgagee of the land and assignee of the Redeveloper's rights hereunder (of which the Agency has knowledge or notice) written notice thereof in the manner specified in Section 2.05 of Part wi hereof, or if the Redeveloper shall default pursuant to any of the terms and conditions of the aforesaid Redevelopment Contract and shaLl continue in default thereof in violation of the terms and conditions of said Redevelopment Contract, then the Agency shall have the right to terminate this Agreement by delivering to the Redeveloper and any aforesaid mortgagee or assignee written notice of termination in the manner set forth in Section 2.05 of Part wi hereof specifying a date of termination not less than thirty (30) days thereafter. Provided, however, that if Redeveloper's failure to perform or violation of any provision of this Agreement is one that cannot, through reasonable action, be cured within thirty (30) days but the Redeveloper is taking all reasonable action to cure the same, then such failure of violation will not be deemed to constitute a default under this Section 2.01 as long as the Redeveloper, within such thirty (30) days, provides evidence reasonably 2O satisfactory to the Agency that the failure or violation cannot be eu~ed within thirty (30) days but will be cu~ed as soon as reasonably possible, as long as such failure or violation does not affect the safety of the Parking Ramp or Walkway. Section 2.02. ,No. Remedy Exclusive. No remedy herein conferred upon or reserved to the Agency ~s intended to be exclusive of any other available remedy or remedies unless otherwise expressly stated, but each and every such remedy shall be cumulative and shall be in addition to every other remedy ~iven under this Agreement or now or hereafter existin~ at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Agency to exercise any remedy reserved to it, it shall not be necessary to ~ive notice, other than such notice as may be required in this Article II of Part lEI of this Agreement. Section 2.03. No Additional Waiver ~[mplied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 2.04. Conflict of Interests~ Al~ency Representatives Not Individu~t~y Liable. No member, official, or employee of the Agency shall have any personal [nterest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or associa- tion in which he is, directly or indirectly, interested. No member, official, or employee of the Agency shall be personaI[y liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to the Redeveloper or successor or on any obligations under the .terms of the Agreement. Section 2.05. Notices and Demands. ]Except as otherwise expressly provided in this A~reement, a notice, demand, or other commurdeation under the Agreement by either party to the other shall be sufficiently ~iven or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt re- quested, or delivered personaJ2y, and (a) in the case of the Redeveloper, is addressed to or delivered per- sonally to the Redeveloper at 3550 Lexington North, Suite 104, St. Paul, Minnesota with a copy to Stephen B. Swartz at Maslon, Edelman, Borman, Brand ~ McNulty, Suite 1800, Midwest Plaza West Building, Minneapolis, Minnesota 55402; (b) in the case of the Agency, is addressed to or delivered personally to the Agency at 590 - 40th Avenue N.E., Columbia Heights, Minnesota; and (e) in the ease of any assignee or mortgagee of the Redeveloper's rights hereunder, is addressed to or delivered personally to the assignee or mortgagee at the address designated in writing by such assignee or mortgagee~ 21 · · IN WITNESS WHEREOF, the Agency has caused this A~reement to be duly executed in i~s name and behalf and its seal t,) be hereunto duly affixed and the Redeveloper has executed this A~reement in his own behalf, on or es of the date first above written. STATE OF MINNESOTA COUNTY OF ANOKA ) ) ss. ) THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS I~'Execut~/Director TERRY EVE~ The foregoinl~instru_m.e~S,,~knowledged before me this ~,~):~ay of ~ Iledev-~i~pment Authority in and for the City of Col6m[~ia Heights. · / Notary Public ' STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) ~ 'JL~b~.-~.f,~' ~y Cc--'~'s,,-,on Exmres ~ug. ~, ,.o.~ 't The foregoing instrument was acknowledged before me this ~ day of (~/-,~-~')F ,' 19,_./.~, by Terry Evenson, an individual residing in the State of M,~ifi'nesot~~- Not~y Public · PATRICI~ A. GANT..ER. ~ ~ ~s,:Y coum'¥ i 23 o~ at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other ~s provided in this Section. Section 2.06. Duty to Act Reasonably. Wherever this Agreement requires the Agency or the Redeveloper to approve any action of the other party, it is understood and agreed that the Agency or the Redeveloper will not unreasonably withhold such approval. Section 2.07. Severability. If any term, condition or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, provision and condition to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shell not be affected thereby, and this Agreement and all of the terms, provisions and conditions hereof shall, in all other respect:s, continue to be effective and to. be complied with to the full extent permitted by law. Section 2.08. Assignable by Agenc¥~ Successors and Assigns~ References. The Agency may assign any or all of its rights, obligations or duties under this Agreement to the City at any time without prior notice to Redeveloper. All of the terms, covenants, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. The captions used herein are for convenience and not for interpretation of the provision hereof. References to one gender shall mean and include all other genders. 22 BARBARA L. PORTWOOD Attorney at Law HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis. Minne:~ota $5402 Telephone 612/33[.,i 177 February 1, 1983 Ms. Marge Kotzer Title Insurance Company of Minnesota 320 East Main Street Anoka, Minnesota 55303 Dear Ms. Kotzer: Please be advised that the legal descriptions previously provided to you by Charles Haynor, copies of which are enclosed herewith are acceptable to both the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority"), and Terry Evenson. Please replace the legal descriptions previously attached as Exhibits A and B to the "Management Agreement for Parking Facilities and Lease of the Plaza Property", by and between the Authority and Terry Evenson with the enclosed descriptions. Regards, Barbara L. Portwood BLP:mJ Enclosures ce: Roger Jensen Stephen Swartz, Esq. Thomas Borman, Esq. Charles Haynor, Esq. EXHIBIT A L~=s 24, 25, and 25, Block 6, Reservoir ~ills. ' ' Lots 20, 21, and 22, Block 1, l~al=on's Rearrangement of Lots 33 and 34, Block 6, Reservoir ~ills, and ~11 of the vacated alley ad3acent to said Lots 20, 21, and 22. Those par:s of Lot 27, Block 6, Reservoir Hills and of Lot 23, Block I, ~alton's Rearrangepent of Lots 33 and 34, Block 6, Reservoir Mt!ls and of that part of the vacated alley abutting Block l, ";dalton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Mills", as dedicated in said plat, which lies westerly of the northerly extension of the east line of Lot 23, said Block 1, lyin§ easterly of the following described line: Beginning at a point on the south line of said Block I, l~alton's Rearrangement, said point being 18.00 feet west from the Southeast corner of Lot 23 of sai~ Block 1, l~alton's Rearrangement; thence northerly on a line ~8.00 feet west of and parallel with the east line of said Lot 23, to the north llne of said Block 6, Reservoir Mills. Reserving and 'sub~ect to easement to the City of Columbia Mefght's for' roadway' purposes over the north &.00 feet of the west 232.00 fee= of said Block 6, Rascz-;oir H~.lls. . EXHIBIT B Those parts of Lots 27 through 31, Block 6, Reservoiz'Hill~ and those parts of Lots 23 and 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, · Reservoir Hills and of;the vacated alley abutting Bloc~¢ 1, "Walton's Rearrangement of Lots 33 and 34, BlOck 6, Reservoir Hills", as dedicated, in said plat, lying within the f~llowing.described =rat=: Commencing at a point on the. south line of said Block 1,. WalCon's Rearrangement distant ].8.00 fe&t west of the ~outheast corner of Lot 23, said Block 1, Walton's Rearrangen~ent; thence northerly on a line 18,00 feet west of and parallel with'the east line of said Lot 23, a distance of 87.00 feet, to the actual point of beginning of the tract to be described; thence continuing northerly on the extension of said line, to the north line of Block Reservoir Hills; thence westerly along said north line of Block 6, to a point being 47.23 feet easterly of the northwest corner of Lo= 30, Block 6, Reservoir Hills; thence southeasterly, to the point of beginning. Reserving and subject to easements to the City of Columbia Heights ~or roadway purposes over the north 4.00 feet of the w6s= 232.00 fee= of said Block'6, Reservoir Hills. Reserving to the City of Columbia Heights a utility easement over, un~e~, and across the east 15.00 feet of the west 22.00 feet of Lot 27, Block 6, Reservoir Hills, and the east 15.00 feet of the west 22.00 feet of Lot 23, Block 1, Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, and that por:io~ of the vacated alley abutting Block 1, "Walton's Rearrangement of Lots 33 and Block 6, Reservoir Hills", as dedicated in said plat, lyinz between the nor~berl~ extensio9s of the east and ~est lines of the east 15.00 fee: of the west 22.~0 feet of said Lot 23, Block 1. AGRE~ HETW~-EN THE CITY O~ COLU]6BIA H~IGHTS AND ZAIDAR HOLDINGS INC. FOR THE OPERATION OF THE PARKING RAR~ THIS AGR = NT, made as og he ..hday 1988, between the City of Columbia Heights (s~etimes hereinafter referred to as the "City#), and Zaida~ Holdings Inc., a corporation organized under the laws og =he Dominion o~ Canada (sometimes hereinafter referred to as the "Operator"). WITN~SSETH THAT, in consideration of 2he mutual cove- nants herein contained the ~ar=ies hereto recite and agree as follows: Recitals: Pursuant to a certain W. anagement Agreemen~ for Public Facilities and Lease of the P!a=a Proper~y by and between =he Housing and Redevelopmen~ Authority in and for the City of Columbia Heights (the "Authority") and Terry Evenson, da~ed July 20, 1982 (hereinafter referre~ to as =he "Evenson Con=rac~"), as the Au~hori=y's inte=est =herein has been_~a.~~ to ~he City, the City and Terry Evenson agreed =hat~, in exchange for the right to use during certain times the 369-sta!l parking ramp (the "Parking Ramp"] owned hy the City and located at 950 40th Avenue NE, im Columbia Heights, would-be major re~a~ira,.je~~s and_m~ .~opera~e the Parking Ramp and perform-ro_q~__i_~ine maintenance thereof. By-- means of =his Agreement,.' ~e Housing-- an~ ~edeve!opmen= Authority in and for =hec city ) of Columbia Hei~hLs hereby contracts with =he Opera,or for- :he performance of all City's obligation under the Evenson Con~ract for =he operatiom and maintenance of the Parking Ramp. ARTICLE I Section 1.1. Tp~. T~e term of this Agreement shall be $ years and I day beginning em June 30, 1988 and ending on June 30, 1993, unless said term shall be terminated or extended as provided herein. stipulated by the City. changes in parking rates. Bicycles shall be allowed racks as are provided by the City. Section 2.4. ~ntenan.ce The Operator may recommend to the City to be parked free in such Oblt~.ttons of Ooera~or. The Operator agrees to no=ily the City prior to making any repairs which are subject to the competitive bidding requirements .of Minnesota Sta~u~s, Section 471.345. The Operator agrees to maintain the Pa=king Ramp, the equipment provided by the City and all parts thereo~, in good condition and repair and in as safe condition as irs operation will reasonably pc=mit; making all repairs thereto, which may be reasonably necessary for this purpose, includin~ but not limited to the following: (a} Maintain all pavement markings, bumper guards and wheel blocks. (b) Supply electric light bulbs and replace worn our bulbs and fuses. (c) Maintain and care for all plantings. (d) Maintain all parking equipment including ga=es, barricades, ticker spLiCers, all (e) Maintain the premises in a clean, p=esentab!e condition and no~ allow dir~, paper, o~ .trash of any kind to accumulate upon the premises; and remove snow, ice and other obstructions from the property and from d=iv~ways and side- walks on the Parking Ramp premises. T~e sno~ and deb=is removed, shall not be placed u~n the publl0 ways or any ~:tion ~hereo~. (f) Make minor necessary repairs to ~he structure, plumbing, lighting and heating systems. .(g) Maintain and ke~p in good working order all directional and informational signs located within or on the exterior Of the Parking Ramp. In ~he even= =ha= the Operator shall fail to comply with any of ~he a~orementioned obligations, the City may, after five days no=ice to comply, in addition to other remedies set forth herein, enter upon such premises and take all steps necessary to insure compliance with the above obligations; and all work, labor and materials shall be charged ~o and paid ~or by Section 2o8, Rebatg t~ OD. erator ~rohibfted. :t is understood that there shall be no rebate to the Operator or its officers or employees of any portion Of any expen&itures repre- senting an operating expense, as defined in paragraph 4.3 o~ this Agreement, by any person, firm or corporation which has provided goods or services to the Operator~ unless such rebate is approved in writing by the City. Section 2°9. City to_.~o~trag~ Limited. No ~mployee or agent of the Operator shall con:tact ~irectly or indirectly, either as an owner, employee, or agent, for services over and above his duties or scope o~ employment, except with the prior written approval of the City. Sectioa 2.10. ~amaae b~ O~erator. The Operator shall repair any damage to the. Parking Ramp or e~ui~men: therein, caused by the negligence of, its employees. Such cost of :epair shall not be a reimbursable operating expense. Section 2.11. Aareement .... Nok a Tenancy. Nothing in :his Agreemen: shall be construed as creating a tenancy between the Ci:y and the Operator; nor shall the Opera:or be deemed to have the right of occupancy to the premises or any part thereof. ARTICLE III PRRSONNEL Section 3.1. Select,on. The Operator agrees :o secure, furnish, t:ain and pay for all personnel as are reason- ably necessary to be employed in the successful opqration of the Parking Ramp. Any and all employees o~ the Operator, or other persons while engaged in the performance of any work or services required by the Operator under this Agreement sna!! be considered employees o~ the Operator 'only, and no~ employees of the City or have any contractual relationship wi~h the City; and any and all claims that may or might arise unde: the Workers' Compensation Act of the State o~ Minnesota, or similar act on behalf, of said employees or other persons whil~ so engaged in any work or services provided to be rendered herein, shall be ~he sole obligation and responsibility of the Operator. Sectioa 3.2. Ngn-Otscttm~natlon. The provisions of all auolicable federal, sta:e and local laws an~ :egu!a:ions pertaining to ~iscrimination shall be considered a part of this Agreement as if more fully set forth herein. Section 3.3. further agrees: Personnel. Requlations. T~e Operator -5- of all such expenditures to the City on each March 1, September ! and December 1 during the term of this Agreement. ARTICLE VI !=NDF. KNITY, BOND$~ INSURANCE Section 6.1. ~ndemnitv. The Operator covenants and agrees to pay subject to all provisions of this Agreement, all damages for injuries to real or personal property growing out of any negligent act or deed or any omission tO ac= of the Operator or any servant, agent, or employee of the Operator in connection with the operation of the Parking Ramp under this Agreement. The Operator covenants and agrees =o defend, indemnify, save, and keep the City harmless against all liabilities, losses, costs (including court and stenographic costs and an amount in reimbursement of attorneys' fees), damages, expenses, causes of action, suits, claims, demands and judgments of any kind or nature whatsoever which may in anywise come against the City for or un account of personal injuries or death, growing out of any neg!.uant act or deed or omission to ac= on the Operator or any servant, agent or employees of the Operator in connection with the operation of the Parking Ram9 under this Agreement. Section 6.2. Insurance. The Operator shall procure and maintain continuously in~ effect, during the te=m of this Agreement, insurance of the kind and amount sufficient to cover any liability of the Opera,o= under the Workers' Compensation Act of Minnesota. Such insurance required in this section shall be taken out and maintained in responsible insurance companies in =he Stare of Minnesota. Operator shall furnish the City a policy evidencing ~uc~ insuran:e or a certificate or certrficates of ~he respective insurers stating that such insurance is in force and effect. ARTICLE VII ~RMINAT!ON Section 7.1. Surrender of. Premises. upon termination of this A~reement by lapse o~ rime or otherwise, the Operator shall surrender and turn over possession of the Parking Ramp premises to the City in the same manner and condition as it received the premises, excepting reasonable wear and tear and damage by casualty. Section 7.2. E~fect o~ Default.. It is expressly agreed be=ween =he parries he:e=o that in the event =he Parking Ramp is deserted, vacated, or abandoned, or if the Opera=or s~a!! sell, assign, or pledge this Agreement; or if de,au!= be made in -7- Sectio~ $.3. Compliance ...with Laws ..and ..Or~inanqe.~- The Opera=or agrees to operate said Parking Ramp in compliance with ~his Agreement and all laws and ordinances in effect or whioh may hereafter be adopted by an~ fo= =he Ci=y o~ Columbia .Heights · Sectio~ 8.4. Rules ~nd Regulations. The a~r~es to abide by rules and regulations relatin~ ~o use of the Parking R~p as are promulgated ~;y the holder of ~he in~eres~ 'Te=ry Evenmon under the Evenson Coa~=ac~, pursuant to the Evenson Contract, which =u!e~ and reguia=ions ~y from ~ime =o time c~an~ed. Sectioa 8.5. ~ssi~nabillty.by ~era~o~. The obligatioas an~ duties un,er this Agreement o~ the Opera=or shall not be assigned or t:anaferred in whole or in part without ~he prior written permission of =h~ City, except ~ha= the rights, obligations and duties under this A~reemen: of ~he Operator may be assigned to Miller & Schroeder Inves=ments Corpora=ion, and any ~urchaser from Miller a Schroeder investments Corpora=ion, Sectio~ 8.6. As.~ignabi!i~.y bY Cit~. The rights, ob!igatioas and ~u~ies of =he City under =his A~reemen~ at the City's option may be assigned or ~ransferred in whole or in part to =he City of Columbia Heighas wi=hour the consent of the Section 8.7. Da~.~e .~=. ~struction. If du~ing the =erin o~ this Agreement, all or any part of the Parking Ram9 ~ha!! be destroyed or ~amaged from any cause, the City ~y, a= its option, cancs!, modify, or suspen~ the operation o~ this Agree- men~ upon three 4ays no=ice =o the Set,los 8.8. ~t[on ,~o Renew. The O~era~o~ shall have the optioa ~o renew an~ ex%end =he ~erm of this Agreement for a ~rio~ of five (5) yea:s by ~ivin~ the City ninety (90) days' notice of such =~newa!. The ~era=or agrees that ~he City, a= i~s ODtio~, ~Y u~n the ~ermina=ion o~ this A~reemen~ extend this Agreement with ~he Operator on a negotiated basis, may solicit bi~m o= ne otia~e wi~h o~hers for such services, or may operate the Parking ~p with City personnel. The Opera~or agrees tha= by en=erinq into this ment i~ o~tains no a~ditional rights or privileges in the future regarding the operation of ~he Parking RamD and agrees that the City has no= waived or abrogate~ any power or disc:e=ion i~ has "9-- ;:~' '08 ~0 10:'-l? 6!2 STATE OF MINNESOTA ) SS .... · he ~o~e~c_.~n~ ~ns~rumen~ was ~knowle~ge~ before me t~£s ~ day o~ -.3~.~_...,. 1988, by .~e~,¥ '~ ~ ~ , the ~ =P t~, cE Zaidan H~ldlngs Inc., a cor9oca=ion ogganize~ and exit=in,un,er the laws of the Domin~o~ og Canada. Public -1!- dUN 17 1992 AG~-FJ~T PO~ ~ODLFI~A'I~ON OP MANAGEMENT AGKEE~E~ POK PA~KING PACILITIES T~-r_s MODZPT_C&TT_ON &GKEE~KNT ~s ~de t:b~s //~ daS of ~/D~/% ~ , be~een ~he Cf~y of Col~b~a Heish~s (here~f~e= "~he Ci~7") and Zaidan Holdinss · nc., a Canadian co.ora=ion (hereinafter ~Zaidan"). In consldera=ion of =he mu=ual a~reemen=s be~een =~e Ci=~ an~ Zai~an~ Enclu~In$ =~e c~enan=s an~ asreemen=s se= ~or=h in previously execu=e~ asreemen=s be~een =he parties, describe~ bel~, =~e City and Zai~an do hereby agree =o modi~ =ha= doc~e==' styled as a ~anasemen= AEreemen= for Par~E Facilities ~d Lease of =he Plaza ~roper=y by and Be~een the Hous~nE and Redevelopment Authority fn and for the City of Col~bia HefEh=s and Ter~ Evenson, dated July 20, 1982 ("ManaEemen= AEreement") . ~e City is =he assfEnee of the HousfnE and Redevelopment interest in the ~anaEemen= AEreemen= and Ter~ Evenson' s ~=eres= in the ~anaEement Asreemen= has been assfEned =o an~ ass~e~ by Zafdan. ~fs ~o~ifiea=ion AEreemen= is also intended =o and does hereby modify =he =e~s of a prevfous!y executed doc~en= en=i=le~ Agreement Between the C~=I of Col~bia Heighus and Za~dan Holdings, Inc. for :he ~eration of =he park~g__R~p. ~ated June 29, 1988 (hereimaff=er "~p ~erat!o~ Agreement") . To =~e ex=e~ previous covenants ~7 and ~e~een =he ~t=~ a~d Zaidan in :ke ~na~emen= Agreemen= and/or =he ~p ~era:ion Agreemen= are Inconsisten= ~i~h =he =e~s herein, =hose =e~s are hereb7 superseded. ~is ~odifica=ion Agreemen: also supersedes and cancels a previous modification asreemen= be~een Zaidan a~d :he ~i=~ da=ed Norther 9, 1990. ~e ~i=~ and Zaidan hereb~ mu=ua!!~ agree and con=rat= for :he fur=kef clarlfica=ion of =he use policies of ~e su~Jec= parking r~p described ~anagemen= Agreemen= (kere~f:er "=~e ~") to assure use of =~e R~p b~ the public generall~ on eq~l =e~s and conditions, as fo!l~s. Sec=ion ~. Te~. ~e =e~ of =~is ~odifica~ion Agreement skal! begin on the dare hereof ~d sba1! ex=end for =~e remaining duration of the Management A~reemen= and =he R~p ~era:ion Agreeme~= or un:il fur:her modification b~ m=~=al ~i==en agreemen: be~een ~he ~i=~ and Za&dan. Sec=ion 2.2. Condt=ions. (a) All rs=es and charges =o be exac=ed for parking as provided in =his Mod!floe=ion Agreemen= shall be subJec= =o the regula=ion and approval o£ =he City. (b) Zaldan is hereby prohibited from selling or offering for sale or allowing any individual or entity £romselling or offering for sale any merchandise or supplies including gasoline or oil, or =he cleaning, repair or furnishing of se=vices other =hen parking and dellveryof au=omobilestnthe Ramp. (c) Zaidan shall main=sin records necessary =o show irs compliance with the requirements of this Modification Agreement and shall make =he same available (d) The City shall maintain records necessary to show its compliance with requirements of this Modification Agreement and shall make the same available Zaidan upon request of Zaidan. IN WITNESS WHEREOF, the City and Zaidan have caused this Modification Agreement to be executed in =heir respective corporate names, as of the dare first ~r=i=ten above. CIl~f 01~ COLUMBIA HEIGHTS Zt~Mayor . ~ Its City Manager 3 ) ) STATE O~' ldI.'N~tESOTA ¢OURT~ 0~' EAHSE~ ) ) .~ T~e ~o:e$oin$ i~e:x-u~enC vel ac~xo~ledsed be£o:e me chia ~_~aa7 o~ ~L~-. 1991, by P~lcha:~ H. Zeh:im$, Execu:ive Vice P:esidem: o~ Zai~a~x Holdings, ASSIGNMENT OF PARKING AGREEMENTS THIS AGREEMENT is made as of the ~ day of June, 1997, by MOBILIA, LTD., a Delaware corporation, ("Assignor") in favor of LAKE-STATE PROPERTIES, INC., a Minnesota corporation, ("Assignee"). RECITALS: A. Terry Evenson ("Evenson") and the Housing and Redevelopment Authority in and for the City of Columbia Heights CHRA") entered into a certain Management Agreement for Parking Facilities and Lease of the plaza Property dated July 20, 1982, filed February 9, 1983, as Document No. 607127 and Torrens Document No. 124953 (the "Management Agreement") which, among other things, granted Evenson a leasehold interest and right of first refusal in certain real property situated in Anoka county and described on Exhibit A attached hereto, and the right to use and the option to purchase certain real property located in Anoka County and described on Exhibit B attached hereto. B. Pursuant to an Assignment of Management Agreement for Parking Facilities and Lease of the Plaza Property dated June 27, 1988, Evenson assigned its rights in the Management Agreement to Zaidan Holdings, Inc. C. Assignor entered into a certain Agreement Between the City of Columbia Heights and Zaidan Holdings, Inc. for the operation of the parking ramp dated June 30, 1988 (the "Parking Ramp Agreement"). D. Pursuant to an Assignment of Management Agreement and Parking Facilities and Lease of the Plaza Property dated March 10, 1995, a true and correct copy of which is attached as Exhibit C hereto, Zaidan Holdings, Inc. assigned to Assignor all its right, title and interest to the Parking Agreements (as defined below). E. Assignor has agreed to assign to Assignee all of Assignor's right, title and interest in, to and under the Management Agreement and all modifications thereof to the date hereof, and under the Parking Ramp Agreement and all modifications thereof to the date hereof (collectively referred to as the ("Parking Agreements"). F. The HRA's interest in the Parking Agreements has been assigned to the City of Columbia Heights. ASSIGNMENT: In consideration of the foregoing, and for other good and valuable consideration, receipt of which is hereby acknowledged: 1. Assignor hereby grants, assigns and transfer to Assignee all of Assignor's right, title and interest in, to and under the Parking Agreements. SJBi25157 CL160-70 Assignor covenants, represents and warrants as follows: (a) Assignor has the right to assign and transfer the Parking Agreement in the manner aforesaid; (b) The Parking Agreements are in full force and effect upon the terms and in the form set forth in the copies thereof delivered herewith, and have not been modified or amended. (c) To Assignor's knowledge, no rate for parking charges has been established with the HRA or its successors or assigns pursuant to the Parking Agreements. SJB125157 CL160-70 2 IN ~rITNESS WHEREOF, Assignor has executed this Agreement the day and year first above written. MOBILIA LTD. STATE OF MINNESOTA ) ) SS. COUNTY OF ) By Gordon Awsumb Its Assistant Secretary The foregoing instrument was acknowledged before me this ~ day of June, 1997, by Gordon Awsumb, the Assistant Secretary of Mobilia Ltd., on behalf of the corporation. Notary Public Consent to Assignment: The City of Columbia Heights hereby consents to the assi~munents set forth above, and further acknowledges and consents to a clarification that the term of the Parking Agreements all expire on the later of the expiration of Part II of the Management Agreement and the Parking Ramp Agreement. Dated: June , 1997 By Joseph Sturdevant Its Mayor By Walter Fehst Its City Manager SJB125157 CLI60-7D 3 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of June, 1997, by Joseph Sturdevant and Walter Fehst, the Mayor and City Manager, respectively, on behalf of the City of Columbia Heights, Minnesota, a Minnesota municipal corporation. Notary Public This instrument drafted by: O'Neill, Burke, O'Neill, Leonard & O'Brien 800 Norwest Center 55 E. 5th Street St. Paul, MN 55101 SJB125157 CL!60-70 4 CITY COUNCIL LETTER Meetin~ of: July 14tI', 1997 AGENDA SECTION: 0¥~ER BUS1 t~E$~ ORIGINATING DE~T.: CITY MANAGER NO: ~ FINANCE~~,.~APPROVAL Finance Depai-lai-~ent. DATE: NO: q-d Under prior city managers, Stuart Anderson and Patrick Hentges, some remodeling in the Finance Department was done in an attempt to better accommodate the large number of people in this work area. One of Patrick Hentges' final suggestions was to put windows in the rear of the Finance Department in the same style and design as the rest of City Hall. These windows would allow light into the rear of the department and give it a larger appearance. On the outside of the building, they would blend into the three brown painted areas the same as the two windows on that end of the building currently do. It should provide an appealing exterior appearance as well as a beneficial interior appearance. Quotes were sought on this and the City received basically two quotes for the removal of the block and the preparation of the area and one quote for the actual installation of the window frames and glass. The quote for the installation of the three window frames and glass was $795.00. The low quote for the masonry wall preparation and installation of sills and finish work was $4,229.00, putting a total cost of the complete installation of the three windows at $5,024.00. This was included in the 1997 budget in fund 411 in the amount of $6,000.00. In addition to the windows in the Finance Department, it would be beneficial to add a window in the Administration area for the same reasons as stated for the Finance Department. Doing this would increase the cost by $1,543, bringing the grand total to $6,567.00. It is staff's recommendation to proceed with this work to further enhance the Finance Department work area and the Administrative work area. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Rak Construction and Glass Masters Inc. for the installation of three windows in the NE wall of the Finance Department and one window in the Administration area. WE:dh 97062403 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 14, 1997 AGENDA SECTION: Other Business NO. e~ ORIGINATING DEPARTMENT POLICE ~- ITEM: Consideration of Renaming of · NO. Mathaire Park~rI ,- I~ -' BY: Thomas M. Johnson~ ~x~x DATE: July 9. 1997 I CITY MANAGER Columbia Heights Police Officer Curt Ramsdell was killed in the line of duty on July 30, 1977. A ceremony honoring his memory will be held on the 20th anniversary of this tragic event. Mayor Sturdevant requested that the Park & Recreation Commission and the City Council consider renaming one of the parks in Officer Ramsdell's memory. The Park & Recreation Commission considered the request at their meeting on June 25, 1997. Parks considered for renaming were Edgemoor, Mathaire, and Hilltop, as all other parks are named for prominent citizens and/or the City's Sister City. Hilltop Park is named for the Hilltop Stables and later golf course in this area. Edgemoor Park is named for Edgemoor Place, which is adjacent to the park. Mathaire Park is named for the subdivision of which it is a part. It is unclear if Mathaire represents a person or not. The owners of the property that became Mathaire were Mulcare, Molan, and Dahl. The Park & Recreation Commission recommended that Mathaire be the fn:st choice for renaming if there was not a person connected to the name, and that Edgemoor be the second choice. There are no Mathaire's listed in either the Minneapolis or St. Paul phone directories. At the July 7, 1997, Council work session, the Council discussed the possibility of renaming Mathaire or Edgemoor Park in honor of Police Officer Curt Ramsdell, and suggested the Police Department members be polled to see which park they preferred. A poll on July 8 of most of the Police Department members revealed that a majority of the members polled would prefer Mathaire Park over Edgemoor for this change. This item will be placed on the July 28, 1997, for Council action. RECOMMENDED MOTION: "Move to direct Public Works Director Mark Winson and Police Chief Thomas Johnson to put together flyers which will be distributed in Mathalre Park neighborhood in order to advise residents of the proposed name change and that they may attend the July 28 Council meeting if they have any issues with this proposed change." TMJ:mld 97-274 COUNCIL ACTION: AGENDA SECTION: NO. ~7 OTHER BUSINESS ITEM: 1997-98 Animal Control Services NO. Contract CITY COIMqCIL LETTER ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson ,~ ] Revised 7/10/97 Meeting of: Jul), 14, 1997 CITY MANAGER APPROV~L: DA~D~:~ ~ Attached is the 1997-98 animal control services contract 'with North Metro Humane Society. The Humane Society has been providing these services to the city of Columbia Heights for several years. Inquiries into other animal service providers has not produced a more cost effective method of providing this service. The Humane Society has proven to be a very good partner and has performed their services very well. The proposed 1997-98 contract begins August 1, 1997, and expires December 31, 1998. This will change us to a calendar year for this contract. In order for the Humane Society to meet expenses, the following changes were required for this year's contract. The minimum monthly contract fee will be $500. amount. In the past, our monthly fees have been well over this The transportation fee went from $32 to $36. The Humane Society had initially proposed to change boarding fees, but due to confusion on this issue, they have rescinded this proposal. We have budgeted for the changes listed above in the 1998 Police Department budget. RECOhdMENDED MOTION: "Move to authorize the Mayor and City Manager to enter into a contract with the North Metro Humane Society for animal control/impound services for the contractual period of August 1, 1997, to December 31, 1998, and that funding for these services be provided for by the Police Department budget 101- 42700-3050." TMJ:mld 97-264 COUNCIL ACTION: COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Mayor Sturdevant Council Members Walt Feb. st, City Manager Thomas M. Johnson, Chief of Poli~,~ Contract with North Metro Humane Society July 9, 1997 During the work session on Monday, July 7, 199'7, we discussed the new animal control contract with North Metro Humane Society. During this discussion there were some questions raised which I believe I now have the answers to. I wanted you to have this information before our Council meeting on July 14. The first question involved the duration of the contract, August to July. The Humane Society agrees that it would be better to have a calendar year contract and has consented to us changing the contract to read from August 1, 1997 to December 31, 1997. Thereafter, the contract would renew on January 1. There were also some questions on fees, especially the daily impound fee. Because of confusion over this change, the Humane Society has reverted back to the language in the 1996-97 contract, and there will be no change until all members meet to discuss this issue. There was also some confusion as to the $500 minimum fee. The wording for this has been changed tO: "If the specific monthly fee total exceeds $500, your community will be billed for that figure. If, however, the monthly fee total is less than $500, your community will be billed for $500." I have attached a copy of the letter I received ~Iuly 9, 1997, and a copy of the new contract. If you have any questions of me, please do not hesitate contact me at 782-2844. TMJ:mld 97-275 North Metro Humane Society June 30, 1997 Dear : Because there has been some confusion regarding my letter of May 10, t997, and the proposed contract which was enclosed, we are subm~-tting a new contract for your review and submission to the ..appropriate authority for approval. The items which needed clarification were: The major point of confusi6n related to the impound day. It was the understanding of several of you that the $32.00 impound fee included the first day of boarding and the language "up to five days" included the impound day. The language-of the contract: supports t'hat understanding. The Humane Sbciety has maintained a six day impounding/boarding schedule and has not been collecting for the sixth day. However, until this matter has been dzscussed with you and everyone is in agreement, there will be no change from the 1996-97 contract. There was some con~usion regarding the minimum monthly fee of $500.00. We have revised the wording in the enclosed contract to a~.e...~t ~ e im~at= .k_ confusion -= the spool=: .... =~:v === ~otal exceeds $500 00, your community will be billed for %ha: :cra! =igure. i2, however, the mon%hiy ~ee tu%a' ~= :=== :hah $5CC.D0, your co~muni%7 wi]~ be billed for $300 0C A suggesuion has been made uha: %he Humane Sccieuy impound contracts be based on a ca'endar year rather than August is- through July 3!st. We would be very much in ~avor c~ tkls change. Consequently, we have not completed the contract term portion o~ the copy included with this letter. If your community would prefer a calendar year contract, just complete the term section to read "August i, !997 through December 31, 1997", and we will submit a contract for calendar year 1998 in November, 1997. If your community prefers to remain on the August !, 1997, through July 31, 1998, time period, just complete the term section to indicate this. Thanks very much. Sincerely, Giles Kobilka Executive Director 1411 Main Street NW, Coon Rapids, MN 55448-1425 (612) 754-1642 · North Metro Humane Society CONTRACT THIS~ONTRACT, MADE AND ENTERED INTO THIS DAY OF "'~'~%~ ~"BY AND BETWEEN THE NORTH METRO HUMANE SOCIETY, 1411 MAIN THE CIT OF , HEREINAFTER REFERRED TO AS "MUNICIPALITY". WHEREAS, THE MUNICIPALITY' IS IN NEED OF ANIMAL CONTROL SERVICES, AND WHEREAS, THE HUMANE SOCIETY IS QUALIFIED AND WILLING TO PROVIDE SUCH AN ANIMAL CONTROL PROGRAM., AND WHEREAS, THE MUNiCIPALiTY WISHES TO PURCHASE THESE SERVICES FROM THE HUMANE SOCIETY iN ACCORDANCE WITH THiS CONTRACT; NOW THEREFORE, IN CONSiDERATiON OF THE M~_~A~ COVENANTS CCN~A~N~D HEREIN, IT iS AGREED AND UNDERSTOOD AS FCLLCWS: I. TERM. THE TE~M OF THiS CONTRACT SHALL EE FROM THROUGH , UNLESS TERMINATED EARLIER AS PROVIDED HEREIN. BASIC SERVICES THE HUMANE SOCiE~v Au~ ~O PROVIDE 'iHE FOLLOWING SERVICES: i SHELTER FOR u~:u~: DROP-CFFS CN --. -'= HOUR BASIS PICK UP AND TRANSPORT ANIMALS TO THE SHELTER ON WEEKDAYS FROM 1:00 PM TO 4:00 PM EACH DAY AND ALSO ON WEEKENDS FROM i:0O PM TO 4:00 PM DEPENDING ON STAFF AVAILABiLiTY. RESPONSES TO REQUESTS FOR PICKUPS AND TRANSPORT WiLL BE HANDLED iN THE ORDER IN WHICH THEY ARE RECEIVED AT THE SHELTER. INDIVIDUALS MAKING THE REQUESTS WiLL BE ADVISED OF THE APPROXIMATE TIME WHEN PICKUP WiLL BE MADE. ANIMAL EXAMINATIONS AND VETERINARY CARE (WITHIN THE SCOPE OF OUR ABI~=~iES)~ AS REQUIRED WHENEVER STAFF IS AVAILABLE. 4. BOARDING FOR UP TO FiVE (5) DAYS. 5. EUTHANASIA AN[) DISPOSAL OF ANIMAL i:' REQUIRED. 1411 Main Street NW, Coon Rapids, MN 55zz8-1425 (6!2) 75,:-t6-'2 III. HANDLE ALL ANIMAL ABUSE/NEGLECT CASES IN THE ANOKA COUNTY AREA IN COOPERATION WITH MUNICIPAL OFFICIALS WHEN NECESSAR¥~ RESPONSIBILITIES OF THE MUNICIPALITY THE MUNICIPALITY SHALL CALL THE HUMANE SOCIETY FOR PICK-UP OF ANIMALS DURING NORMAL BUSINESS HOURS, ..SPECIFIED ABOVE, OR WILL TRA/ISPORT ANIMALS TO THE SHELTER ON A 24 HOUR BASIS. AFTER NORMAL BUSINESS HOURS, THE MUNICIPALITY SHALL OBTAIN TREATMENT FOR INJURED ANIMALS THAT ARE IN A LIFE-THREATENING CONDITION. THE HUMANE SOCIETY WILL PICK UP ANIMALS AS SOON AS POSSIBLE AFTER TREATMENT. IV. COMPENSATION THE MUNICIPALITY SHALL PAY THE HUMANE SOCIETY THE FOLLOWING FEES: A. IMPOUND FEE: AN ADMINISTRATIVE CHARGE OF $32.00 PER ANIMAL FOR THE FIRST DAY OF IMPOUND. BOARDING FEE: $10.00 PER DAY, PER ANIMAL, FOR EACH DAY AFTER THE FIRST DAY OF IMPOUND. QUARANTINE FEE: IN ADDITION TO THE REGULAR BOARDING FEE, $5.50 PER DAY, PER ANIMAL, FOR ALL ANIMALS WHICH MUST BE QUARANTINED. D. TRANSPORTATION FEE: FLAT CHARGE PER CITY. VET SERVICES $32.00 P .R HouR. F. EUTHANASIA FEE: $ .35 PER POUND DISPOSAL. G. VACCINATION FEE: $3.00 PER ANIMAL EUTHANASIA SOLUTION FEE: i CC $3.80, EACH ADDITIONAL .5 CC PLUS .08. IF THESE SPECIFIC FEES ARE LESS THAN $500.00 DURING ANY GIVEN MONTH, THE MUNICIPALITY WILL BE CHARGED $500.00. THE MUNICIPALITY WILL NOT BE CHARGED THOSE COSTS RECOVERED FROM PET OWNERS. 'CHARGES FOR SERVICES: WITHIN THIRTY (30) DAYS MONTHLY CLAIMS BY THE MUNICIPALITY. 'SHALL BE PAID MONTHLY OR AFTER SUBMISSION OF THE HUMANE SOCIETY TO THE ~OMPLIANCE WITH LAWS IN PROVIDING ALL SERVICEs PURSUANT TO THIS CONTRACT, TH~ HUMANE SOCIETY SHALL ABIDE BY ALL STATUES, ORDINANCES, RULES AND REGULATIONS PERTAINING TO OR REGULATING THE PROVISION OF SUCH SERVICES, INCLUDING T~OSE NOW IN EFFECT AND HEREINAFTER ADOPTED. VI. AUDIT DISCLOSURE AND RETENTION RECORDS THE HUMANE SOCIETY AGREES TO MAKE AVAILABLE TO DULY AUTHORIZED REPRESENTATIVES OF THE MUNICIPALITY AND, EITHER THE LEGISLATIVE AUDITOR OR THE STATE AUDITOR, FOR THE PURPOSE OF AUDIT EXAMINATION PURSUANT TO MN. STAT. 168.06, ANY BOOKS, DOCUMENTS, PAPERS AND RECORDS OF THE HUMANE SOCIETY THAT ARE PERTINENT TO THE HUMANE SOCIETY'S PROVISION OF SERVICES HEREUNDER. THE HUMANE SOCIETY FURTHER AGREES TO MAINTAIN ALL SUCH REQUIRED RECORDS FOR THREE (3) YEARS AFTER RECEIPT OF FINAL PAYMENT AND THE CLOSING OF ALL OTHER RELATED MATTERS. VII. INSURANCE THE HUMANE SOCIETY SHALL PURCHASE, MAINTAIN IN FULL FORCE AND EFFECT DURING THE TERM OF THIS CONTRACT, AND PROVIDE PROOF OF THE FOLLOWING INSURANCE COVERAGE: WORKER'S COMPENSATION: COVERAGE AT STATUTORY LIMITS AS PROVIDED BY THE STATE OF MINNESOTA. COMPREHENSIVE GENERAL LIABILITY; COVERAGE SHALL HAVE MINIMUM LIMITS OF $1,000,000 PER OCCURRENCE, COMBINED SINGLE LIMIT FOR BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY. BUSINESS AUTO LIABILITY: COVERAGE SHALL HAVE MINIMUM LIMITS OF $500,000 PER OCCURRENCE, COMBINED SINGLE LIMIT OF BODILY INJURY LIABILITY AND PROPERTY DAM_AGE LIABILITY. THIS SHALL INCLUDE OWNED VEHICLES, HIRED AND NON-OWNED VEHICLES AND EMPLOYEE NON-OWNERSHIP. CURRENT, VALID INSURANCE CERTIFICATES MEETING THE REQUIREMENTS HEREIN IDENTIFIED SHALL BE FILED WITH THE MUNICIPALITY BEFORE THE SIGNING OF THIS CONTRACT. ALL POLICIES SHALL PROVIDE, AND THE CERTIFICATES ISSUED SHALL EVIDENCE, THAT THE MUNICIPALITY WILL BE NOTIFIED iN WRITING AT LEAST THIRTY (30) DAYS PRIOR TO CANCELLATION OR MODIFICATION OF COVERAGE. VIII. EARLY TERMINATION THIS CONTRACT PIAY BE TERMINATED BY EITHER PARTY, WITH OR WITHOUT CAUSE, UPON THIRTY (30) DAYS WRITTEN NOTICE, DELIVERED BY MAIL OR IN PERSON, TO THE OTHER PARTY. FOR PURPOSES OF ~UCH NOTICE, THE ADDRESSES OF THE HUMANE SOCIETY AND MUNICIPALITY ARE AS FOLLOWS: GILES KOBILKA, EXECUTIVE DIRECTOR NORTH METRO HUMANE SOCIETY 1411 MAIN STREET COON RAPIDS, MN 55448 CITY CLERK/MANAGER CITY OF: IX. MODIFICATIONS ANY MATERIAL ALTERATIONS, MODIFICATIONS OR VARIATIONS OF THE TERMS OF THIS CONTRACT SHALL BE VALID AND ENFORCEABLE ONLY WHEN' THEY HAVE BEEN REDUCED TO WRITING AS AN AMENDMENT AND SIGNED BY THE PARTIES. X. ENTIRE AGREEMENT IT IS UNDERSTOOD AND AGREED BY THE PARTIES THAT THE ENTIRE AGREEMENT OF THE PARTIES IS CONTAINED HEREIN AND THAT THE CONTRACT SUPERSEDES ALL ORAL AGREEMENTS AND NEGOTIATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AS WELL AS ANY PREVIOUS AGREEMENTS PRESENTLY IN EFFECT BETWEEN THE HUMANE SOCIETY AND THE MUNICIPALITY. THE PARTIES HERETO REVOKE ANY PRIOR ORAL OR WRITTEN AGREEMENTS BETWEEN THEMSELVES AND AGREE THAT THIS CONTRACT IS THE ONLY AND COMPLETE AGREEMENT REGARDING THE SUBJECT HEREOF. HUMANE SOCIETY. // // / CITY OF DATE: ,..-- _ BY: TITLE: BY: DATE: COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Mayor Sturdevant Council Members Walt Fehst, Cky Manager Thomas M. Johnson, Chief of Poli~~ Contract with North Metro Humane Society July 9, 1997 During the work session on Monday, July 7, 1997, we discussed the new animal control contract wkh North Metro Humane Society. During this discussion there were some questions raised which I believe I now have the answers to. I wanted you to have this information before our Council meeting on July 14. The first question involved the duration of the contract, August to July. The Humane Society agrees that it would be better to have a calendar year contract and has consented to us changing the contract to read from August 1, 1997 to December 31, 1997. Thereafter, the contract would renew on January 1. There were also some questions on fees, especially the daily impound fee. Because of confusion over this change, the Humane Society has reverted back to the lang, aage in the 1996-97 contract, and there will be no change until all members meet to discuss this issue. There was also some confusion as to the $500 minimum fee. The wording for this has been changed to: "If the specific monthly fee total exceeds $500, your community will be billed for that figure. If, however, the monthly fee total is less than $500, your community will be billed for $500." I have attached a copy of the letter I received July 9, 1997, and a copy of the new contract. If you have any questions of me, please do not hesitate contact me at 782-2844. TMJ:mld 97-275 North Metro lumane Society June 30, 1997 Dear : JU 9 ',9? Because %here has been some ¢:onfusion regarding my letter of May 10, t997, and the proposed contract which was enclosed, we are subm~-tting a new contract for your review and submission to the appropriate.authority for approval. The items which needed clarification were: The major point of confusi6n related to the impound day. It was the understanding of several of you that the $32.00 impound fee included the first day of boarding and the language "up to five days" included the impound day. The language-of the contract supports that understanding. The Humane Sbciety has maintained a six day impounding/boarding schedule and has not been collecting for the sixth day. However, until this matter has been discussed with you and everyone is in agreement, there will be no change from the 1996-97 contract. There was some confusion regarding the minimum mcnthiy fee of $500.00. We have revised the wording in the enclosed contrac~ to attempt to eliminate the confusion. the s~ec±fic_ ~...~..~...*~- f~_== total exce_ds _c-- . . community will be bill=~ for %hat ~cta! =±gure. if, however, mon%hiy fee tosa~ ~= ~=== than $~'~.30, your co~unitv ~] be bi!~ed for $$00 A suggestion has been made 5ha5 ~he Humane Society impound contracts be based on a calendar year rather than August is% through July 3!st. We would be very muck in favor cf %k±s change. Consequently, we have not completed the contract term portion cf the copy included with this letter. if your community would prefer a calendar year contract, just complete the term section to read "August i, !997 through December 31, 1997", and we will submit a contract for calendar year 1998 in November, 1997. If your community prefers to remain on the August !, 1997, through July 31, 1998, time period, just complete the term section to indicate this. Thanks very much. Sincerely, Giles Kobilka Executive Director 1411 Main Street NW, Coon Rapids, MN 55448-1425 (612) 754-1642 · North Metro Humane Society CONTRACT ).' ':..~'~i.~" ~'vBY~ AND BETWEEN THE NORTH METRO HUMANE SOCIETY, 1411 MAIN CIT , HEREINAFTER REFERRED TO AS "MUNICIPALITY". WHEREAS, THE MUNICIPALITY' IS IN NEED OF ANIMAL CONTROL SERVICES, AND WHEREAS, THE HUMANE SOCIETY IS QUALIFIED AND WILLING TO PROVIDE SUCH AN ANIMAL CONTROL PROGRAM., AND WHEREAS, THE MUNiCiPALiTY WISHES TO PURCHASE THESE SERVICES FROM THE HUMANE SOCIETY IN ACCORDANCE WITH THiS CONTRACT; NOW THEREFORE, IN CONSiDERATiON OF ='{E~n MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AND UNDERSTOOD AS FOLLCWS: I. TERM THE TE~! OF THiS CONTRACT SHAaa nm FROM THROUGH , UNLESS ==~,~7wn~=~__~. ...... -~ EARLIER AS PROVIDED HEREIN. BASIC SERVICES THE HUMANE SOCIETY AGREES ~O PROVIDE 'i'[E FOLLCWiNG SERVICES: · A=~=M=.= DROP-CPFS CN = ~ HOUR BASIS SHELTER FOR ~'~ ~ .... ' . PICK UP AND TRANSPORT ANIMALS TO THE SHELTER ON WEEKDAYS FROM i:00 PM TO 4:00 PM EACH DAY AND ALSO ON WEEKENDS FROM i:0C PM TO 4:00 PM DEPENDING ON STAFF AVAILABiLiTY. RESPONSES TO REQUESTS FOR PICKUPS AND TRANSPORT WiLL BE HANDLED IN THE ORDER IN WHICH THEY ARE RECEIVED AT THE SHELTER. INDIVIDUALS MAKING THE REQUESTS WiLL BE ADVISED OF THE APPROXIMATE TIME WHEN PICKUP WiLL BE MADE. ANIMAL EXAMINATIONS AND VETERINARY CARE (WITHIN THE SCOPE OF OUR ABILITIES) AS REQUIRED WHENEVER STAFF IS AVAILABLE. BOARDING FOR UP TO FiVE (5) DAYS. EUTHANASIA AND DISPOSAL OF ANIMAL IF REQUIRED. 1411 Main Street NW, Coon Rapids, MN 55,~48-1425 (612) 75z-1842 III. IV. HANDLE ALL ANIMAL ABUSE/NEGLECT CASES IN THE ANOKA COUNTY AREA IN COOPERATION WITH MUNICIPAL OFFICIALS WHEN NECESSARY· RESPONSIBILITIES OF THE MUNICIPALITY 1. THE MUNICIPALITY SHALL CALL THE HUMANE SOCIETY FOR ,PICK-UP OF ANIMALS DURING NORMAL BUSINESS HOURS, A~. ~..SPECIFIED ABOVE, OR WILL' TRANSPORT ANIMALS TO THE~ SHELTER ON A 24 HOUR BASIS. AFTER NORMAL BUSINESS HOURS, THE MUNICIPALITY SHALL OBTAIN TREATMENT FOR INJURED ANIMALS THAT ARE IN A LIFE-THREATENING CONDITION. THE HUMANE SOCIETY WILL PICK UP ANIMALS AS SOON AS POSSIBLE AFTER TREATMENT. COMPENSATION THE MUNICIPALITY SHALL PAY THE HUMANE SOCIETY THE FOLLOWING FEES: A. IMPOUND FEE: AN ADMINISTRATIVE CHARGE OF $32.00 PER ANIMAL FOR THE FIRST DAY OF IMPOUND. BOARDING FEE: $10.00 PER DAY, PER ANIMAL, FOR EACH DAY AFTER THE FIRST DAY OF iMPOUND. QUARANTINE FEE: IN ADDITION TO THE REGULAR BOARDING FEE, $5.50 PER DAY, PER ANIMAL, FOR ALL ANIMALS WHICH MUST BE QUARANTINED. TRANSPORTATION FEE: FLAT CHARGE PER CITY· VET SERVICES FEE: $32.00 PER HOUR. F. EUTHANASIA FEE: $ .35 PER POUND DISPOSAL. VACCINATION FEE: $3.00 PER ANIMAL EUTHANASIA SOLUTION FEE: i CC $3.80, EACH ADDITIONAL .5 CC PLUS .08.. IF THESE SPECIFIC FEES ARE LESS THAN $500.00 DURING ANY GIVEN MONTH, THE MUNICIPALITY WILL BE CHARGED $500.00. THE MUNICIPALITY WILL NOT BE CHARGED THOSE COSTS RECOVERED FROM PET OWNERS. VI. 'CHARGES FOR SERVICES: 'SHALL BE PAID MONTHLY OR WITHIN THIRTY (30) DAYS AFTER SUBMISSION OF THE MONTHLY CLAIMS BY THE HUMANE SOCIETY TO THE MUNICIPALITY. ~OMPLIANCE WITH LAWS IN PROVIDING ALL SERVICES PURSUANT TO THIS CONTRACT, TH~ HUMANE SOCIETY SHALL ABIDE BY ALL STATUES, ORDINANCES, RULES AND REGULATIONS PERTAINING TO OR REGULATING THE PROVISION OF SUCH SERVICES, INCLUDING T~OSE NOW IN EFFECT AND HEREINAFTER ADOPTED. AUDIT DISCLOSURE AND RETENTION RECORDS THE HUMANE SOCIETY AGREES TO MAKE AVAILABLE TO DULY AUTHORIZED REPRESENTATIVES OF THE MUNICIPALITY AND, EITHER THE LEGISLATIVE AUDITOR OR THE STATE AUDITOR, FOR THE PURPOSE OF AUDIT EXAMINATION PURSUANT TO MN. STAT. 168.06, ANY BOOKS, DOCUMENTS, PAPERS AND RECORDS OF THE HUmaNE SOCIETY THAT ARE PERTINENT TO THE HUMANE SOCIETY'S PROVISION OF SERVICES HEREUNDER. THE HUMANE SOCIETY FURTHER AGREES TO MAINTAIN ALL SUCH REQUIRED RECORDS FOR THREE (3) YEARS AFTER RECEIPT OF FINAL PAYMENT AND THE CLOSING OF ALL OTHER RELATED MATTERS. VII. INSURANCE THE HUMANE SOCIETY SHALL PURCHASE, MAINTAIN IN FULL FORCE AND EFFECT DURING THE TERM OF THIS CONTRACT, AND PROVIDE PROOF OF THE FOLLOWING INSURANCE COVERAGE: WORKER'S COMPENSATION: COVERAGE AT STATUTORY LIMITS AS PROVIDED BY THE STATE OF MINNESOTA. COMPREHENSIVE GENERAL LIABILITY; COVERAGE SHALL HAVE MiNiMUM LIMITS OF $1,000,000 PER OCCURRENCE, COMBINED SINGLE LIMIT FOR BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY. BUSINESS AUTO LIABILITY: COVERAGE SHALL HAVE MINIMUM LIMITS OF $500,000 PER OCCURRENCE, COMBINED SINGLE LIMIT OF BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY. THIS SHALL INCLUDE OWNED 'VEHICLES, HIRED AND NON-OWNED VEHICLES AND EMPLOYEE NON-OWNERSHIP. CURRENT, VALID INSURANCE CERTIFICATES MEETING THE REQUIREMENTS HEREIN IDENTIFIED SHALL BE FILED WITH THE MUNICIPALITY BEFORE THE SIGNING OF THIS CONTRACT. ALL POLICIES SHALL PROVIDE, AND THE CERTIFICATES ISSUED SHALL EVIDENCE, THAT THE MUNICIPALITY WILL BE NOTIFIED IN WRITING AT LEAST THIRTY (30) DAYS PRIOR TO CANCELLATION OR MODIFICATION OF COVERAGE. ;::" VI I I · EARLY TERMINATION THIS CONTRACT MAY BE TERMINATED BY EITHER PARTY, WITH OR WITHOUT CAUSE, UPON THIRTY (30) DAYS WRITTEN NOTICE, DELIVERED BY MAIL OR IN PERSON, TO THE OTHER PARTY. FOR PURPOSES OF ~UCH NOTICE, THE ADDRESSES OF THE HUMANE SOCIETY AND MUNICIPALITY ARE AS FOLLOWS: GILES KOBiLKA, EXECUTIVE DIRECTOR ' " NORTH METRO HUMANE SOCIETY 1411 MAIN STREET COON RAPIDS, MN 55448 CITY CLERK/MANAGER CITY OF: IX. MODIFICATIONS ANY MATERIAL ALTERATIONS, MODIFICATIONS OR VARIATIONS OF THE TERMS OF THIS CONTRACT SHALL BE VALID AND ENFORCEABLE ONLY WHEN THEY HAVE BEEN REDUCED TO WRITING AS AN AMENDMENT AND SIGNED BY THE PARTIES. X. ENTIRE AGREEMENT IT IS UNDERSTOOD AND AGREED BY THE PARTIES THAT THE ENTIRE AGREEMENT OF THE PARTIES IS CONTAINED HEREIN AND THAT THE CONTRACT SUPERSEDES ALL ORAL AGREEMENTS AND NEGOTIATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AS WELL AS ANY PREVIOUS AGREEMENTS PRESENTLY IN EFFECT BETWEEN THE HUMANE SOCIETY AND THE MUNICIPALITY. THE PARTIES HERETO REVOKE ANY PRIOR ORAL OR WRITTEN AGREEMENTS BETWEEN THEMSELVES AND AGREE THAT THIS CONTRACT IS THE ONLY AND COMPLETE AGREEMENT REGARDING THE SUBJECT HEREOF. HUMANE SOCIETY , ?/ // / CITY OF BY: TITLE: BY: TITLE: BY: DATE: CITY COUNCIL LETTER AGENDA SECTION: Consent NO. /.~ ITEM: 1997-98 Animal Control Services NO. Contract ~-~-q ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: July 8, 1997 Meetin~ of: July 14, 1997 CITY MANAGER Attached is the 1997-98 animal control services contract with North Metro Humane Society. The Humane Society has been providing these services to the city of Columbia Heights for several years. Inquiries into other animal service providers has not produced a more cost effective method of providing this service. The Humane Society has proven to be a very good partner and has performed their services very well. The proposed 1997-98 contract begins August 1, 1997, and expires July 31, 1998. In order for the Humane Society to meet expenses, the following changes were required for this year's contract. In the past, the first day of boarding has been free. This practice will change and all days--beginning with the day one--will be charged the $10 daily fee. The minimum monthly contract fee will be $500. In the past, our monthly fees have been well over this amount. The transportation fee went from $32 to $36. We have budgeted for the changes listed above in the 1998 Police Department budget. RECOMMENDED MOTION: "Move to authorize the Mayor and City Manager to enter into a contract with the North Metro Humane Society for animal control/impound services for the contractual period of August 1, 1997, to July 31, 1998, and that funding for these services be provided for by the Police Department budget 101-42700- 3050." TMJ:mld 97-264 COUNCIL ACTION: North Metro Humane Society CONTRACT THiS CONTRACT, MADE AND ENTERED INTO THIS/ --~AY OF , BY AND BETWEEN THE NORTH METRO HUMANE SOCIETY, 1~.1t MAIN STREET, COON RAPIDS, MN 5~REIN.~FT~ REFERRED TO AS "HUMANE SOCIETY" AND THE CITY OF ~-~/~~ ~, , HEREINAFTER REFERRED TO AS "MUNICi-~ALi~Y''. WHEREAS, THE MUNICIPALITY IS IN NEED OF ANIMAL CONTROL SERVICES, AND WHEREAS, THE HUMANE SOCIETY IS QUALIFIED AND WILLING TO PROVIDE SUCH AN ANIMAL CONTROL PROGRam, AND WHEREAS, THE MUNiCiPALiTY WISHES TO PURCHASE THESE SERVICES FROM THE HUMANE SOCIETY iN ACCORDANCE WiTH THIS THEREFORE iN CONSiDERATiON OF THE MUTUAL COVE:.[ANTS ~O~,==_=N=~ ='=R-~IN, iT iS AGREED .~ND UNDERSTOOD .-.S FOLLOWS: THE '~ETM OF THiS CONTRACT SEAr,:= BE FROM /~/~ THROUGH ~/q 3/, /~- , UNLESS rEPd~_iN.-.'_aD EA_,~L!EF. AS PROVIDED HER~iN/ BASIC SERVICES THE HUMANE SOCIETY SERVICES: AGREES T~ PROVIDE T-~.iE ~OLLOWING i. SHELTER FOR ANIMAL DROP-OFFS ON A 24 HOUR BASIS. PICK UP AND TRANSPORT ANIMALS TO THE SHELTER ON WEEKDAYS FROM !:00 PM TO 4:00 PM EACH DAY AND ALSO ON WEEKENDS FROM !:00 PM TO 4:00 PM DEPENDING ON STAFF AVAILABILITY. RESPONSES TO REQUESTS FOR PICKUPS AND TRANSPORT WILL BE HANDLED IN THE ORDER IN WHICH THEY ARE RECEIVED AT THE SHELTER. INDIVIDUALS MAKING THE REQUESTS WILL BE ADVISED OF THE APPROXIMATE TIME WHEN PICKUP WILL BE MADE. ANIMAL EXAMINATIONS AND VETERINARY CARE (WITHIN THE SCOPE OF OUR ABILITIES) AS REQUIRED WHENEVER STAFF IS AVAILABLE. 4. BOARDING FOR UP TO FIVE (5) DAYS. 5. EUTHANASIA AND DISPOSAL OF ANIMAL iF REQUIRED. 1411 Main Street NW, Coon Rapids, MN 55448-1425 (612) 754-1642 III. iV. HANbLE ~ALL ANIMAL ABUSE/NEGLECT CASES IN THE ANOKA c~UNTY AREA IN COOPERATION WiTH MUNICIPAL OFFICIALS . WHEN NECESSARY. RESPONSIBILITIES OF THE MUNICIPALITY THE MUNICIPALITY SHALL CALL THE HUMANE SOCIETY FOR PICK-UP OF ANIMALS DURING NORMAL BUSINESS HOURS, AS SPECIFIED ABOVE, OR WILL TRANSPORT ANIMALS TO ~HE SHELTER ON A 24 HOUR BASIS. AFTER NORMAL BUSINESS HOURS, THE MUNICIPALITY SHALL OBTAIN TREATMENT FOR INJURED ANIMALS THAT ARE IN A LIFE-THREATENING CONDITION. THE HUMANE SOCIETY WILL PICK UP ANIMALS AS SOON AS POSSIBLE AFTER TREATMENT. COMPENSATION THE MUNICIPALITY SHALL PAY THE HUMANE SOCIETY THE FOLLOWING FEES: ~A MINIMUM MONTHLY FEE OF $500.00. ARE AS FOLLOWS: SPECi~ CHARGES A. IMPOUND FEE: AN $32.00 PER ANIMAL IMPOUND. ADMINISTRATIVE CHARGE OF FOR THE FIRST DAY OF BOARDING FEE: $!0.00 PER DAY, PER ANIMAL, FOR EACH DAY AFTER THE FIRST DAY OF iMPOUND. QUARANTINE .... ~=~: iN ADDITION TO ~'~H_ REGULAR BOARDING FEE, $5.50 ~ER DAY, PER ANIMAL, FOR ALL ANIMALS WHICH MUST BE QUARANTINED. TRANSPORTATION FEE: FLAT CHARGE PER CITY. VET SERVICES FEE: $32.00 PER HOUR. F. EUTHANASIA FEE: $ .35 PER POUND DISPOSAL. G. VACCINATION FEE: $3.00 PER ANIMAL H. EUTHANASIA SOLUTION FEE: ! CC $3.80, EACH ADDITIONAL .5 CC PLUS .08. o THE MUNICIPALITY WiLL NOT BE CHARGED THOSE COSTS RECOVERED FROM PET OWNERS. VI. Vii . CHARGES FOR SERVICES: ~SHALL BE PAID MONTHLY OR WITHIN THIRTY (30) DAYS~ AFTER SUBMISSION OF THE MONTHLY CLAIMS BY THE HUMANE SOCIETY TO THE MUNICIPALITY. COMPLIANCE WITH LAWS IN PROVIDING ALL SERVICES PURSUANT TO THIS CONTRACT, HUMANE SOCIETY SHALL ABIDE BY ALL STATUES, ORDINANCES, RULES AND REGULATIONS PERTAINING TO OR REGULATING THE PROVISION OF SUCH SERVICES, INCLUDING THOSE NOW IN EFFECT AND HEREINAFTER ADOPTED. AUDIT DISCLOSURE AND RETENTION RECORDS THE HUMANE SOCIETY AGREES TO MAKE AVAILABLE TO DULY AUTHORIZED REPRESENTATIVES OF THE MUNICIPALITY AND, EITHER THE LEGISLATIVE AUDITOR OR THE STATE AUDITOR, FOR THE PURPOSE OF AUDIT EXAMINATION PURSUANT TO MN. STAT. i6~.06, ANY BCOKS, DOCUMENTS, PAPERS AND RECORDS OF THE HUMANE SOCIETY THAT ARE PERTINENT TO THE HUMANE SOCIETY'S PROVISION OF SERVICES HEREUNDER. THE HUMANE SOCIETY FURTHER AGREES TO MAINTAIN ALL SUCH REQUIRED RECORDS FOR THREE (3) YEARS AFTER RECEIPT OF FINAL PAYMENT AND THE CLOSING OF ALL OTHER RELATED MATTERS. iNSURANCE THE HUMANE SOCIETY SHALL PURCHASE, MAINTAIN IN FULL FORCE AND EFFECT DURING THE TERM OF THIS CONTRACT, AND PROVIDE PROOF OF THE FOLLOWING iNSURANCE COVERAGE: WORKER'S COMPENSATION: COVERAGE AT STATUTORY LiMiTS AS PROVIDED BY THE STATE OF MINNESOTA. COMPREHENSIVE GENERAL LIABILITY; COVERAGE SHALL HAVE MINIMUM LiMiTS OF $i,000,000 PER OCCURRENCE, COMBINED SINGLE LIMIT FOR BODILY INJURY LIABILITY AND PROPERTY D~MAGE LIABILITY. BUSINESS AUTO LIABILITY: COVERAGE SHALL HAVE MINIMUM LIMITS OF $500,000 PER OCCURRENCE, COMBINED SINGLE LIMIT OF BODILY INJURY LIABILITY AND PROPERTY D~MAGE LIABILITY. THIS SHALL INCLUDE OWNED VEHICLES, HIRED AND NON-OWNED VEHICLES AND EMPLOYEE NON-OWNERSHiP. CURRENT, VALID iNSURANCE CERTIFICATES MEETING THE REQUIREMENTS HEREIN IDENTIFIED SHALL BE FILED WiTH THE MUNICIPALITY BEFORE THE SIGNING OF THIS CONTRACT. ALL POLICIES SHALL PROVIDE, AND THE CERTIFICATES iSSUED SHALL EVIDENCE, THAT THE MUNICIPALITY WILL BE NOTIFIED IN WRITING AT LEAST THIRTY (30) DAYS PRIOR TO CANCELLATION OR MODIFICATION OF COVERAGE. VIII. IX. EARLY TERMINATION THIS CONTRACT MAY BE TERMINATED BY EITHER PARTY, WITH OR WITHOUT CAUSE, UPON THIRTY (30) DAYS WRITTEN NOTICE, DELIVERED BY MAIL OR IN PERSON, TO THE OTHER PARTY. FOR PURPOSES OF SUCH NOTICE, THE ADDRESSES OF THE HUMANE SOCIETY AND MUNICIPALITY ARE AS FOLLOWS: GILES KOBILKA, EXECUTIVE DIRECTOR NORTH METRO HUMANE SOCIETY 1411 MAIN STREET coon RAPIDS, MN § 448 CiTY CL RKNN MODIFICATIONS ANY MATERIAL ALTERATIONS, MODIFiCATiONS OR VARIATIONS OF THE TERMS OF THiS CONTRACT SHALL BE VALID AND ENFORCEABLE ONLY WHEN THEY HAVE BEEN REDUCED TO WRITING AS AN ~ENDMENT AND SIGNED BY THE PARTIES. ENTIRE AGREEMENT !T iS UNDERSTOOD AND AGREED BY THE PARTIES THAT THE ENTIRE AGREEMENT OF THE PARTIES IS CONTAINED HEREIN AND THAT THE ° ~=~-' ="= AND NEGOTiATiONS CONTRACT SUPERSEDES ALL ORAL BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AS WELL AS ANY PREVIOUS AGREEMENTS PRESENTLY IN EFFECT BETWEEN THE HUMANE SOCIETY AND THE MUNiCIPALiTY. THE PARTIES HERETO REVOKE ANY PRIOR ORAL OR WRITTEN AGREEMENTS BETWEEN THEMSELVES AND AGREE THAT THIS CONTRACT IS THE ONLY AND COMPLETE AGREEMENT REGARDING THE SUBJECT HEREOF. HUMANE SOCIETY BY: CITY OF BY: TITLE: BY: TITLE: BY: DATE: City of Columbia Heights Park and Recreation Commission June 25, 1997 NOT ApPP OVE e The meeting was called to order at 6:30 p.m. by Chairman Dick Petkoff. ROLL CALL. Members present: Eileen Evans; Jerry Foss; Bruce Magnuson; James Nelson; Dick Petkoff; Bob Ruettimann; Ed Brandeen, Interim Recreation Director; Mark Winson, Public Works Director/City Engineer Members absent: Gary Peterson Also present: Karen Moeller, Senior Citizen Coordinator CONSENT AGENDA The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve the minutes of the May 28, 1997 meeting. ApPROVAL PAYMENT OF BILLS Move to approve payment of bills as listed from the proper funds. APPROVAL CONSENT AGENDA Motion by Foss, second by Evans to approve the consem agenda. All ayes, motion carried. LI~TTERS AND REQUESTS REOUEST FOR REDUCED RENTAL RATE AND WAIVING OF INSURANCE REQUIREMENT/COLUMBIA HEIGHTS HIGH SCHOOL CLASS OF 1968 REUNION Members reviewed the letters of request from Mrs. Donna Robertson, Columbia Heights High School Class of 1968 Reunion. Motion by Ruettimann, second by Evans to allow the rental at a 35% reduction in the rental rate, but to deny the request for waiving of the insurance requirement as a protection of the city's liability risk. All ayes, motion carried. PAGE TWO REQUEST USE OF MURZYN HALL ON VETERAN'S DAY, NOVEMBER 11, 1997/ DIANE CREESE, PRE-SCHOOL DIRECTOR, COLUMBIA HEIGHTS COMMUNITY ]~DUCATION Members reviewed the letter of request from Diane Creese regarding use of Murzyn Hall on Veteran's Day. Motion by Evans, second by Ruettimann to follow the established policy regarding holidays and deny the request for use on Veteran's Day. All ayes, motion carded. REQUEST FOR RE-NAMING OF PARK/MAYOR JOSEPH STURDEVANT Members discussed the request for re-naming of a park in honor of slain Off. Curt RamsdelL Motion by Petkoff, second by Foss to re-name either Mathaire Park or Edgemoor Park in honor of Off. Curt Ramsdell with Mathaire Park being considered as the fa'st priority for re-naming, and Edgemoor Park being considered as the second priority for re-naming with the final decision to be determined by the City Council. All ayes, motion carried. REOUEST FOR USE OF MURZYN HALL FOR TEEN LOCK-IN ON JIJLY 9, 1997/JI)-LIE DEHMER, RECREATION PROGRAM COOI.:LDINATOR Members reviewed a letter from Julie Dehmer, Recreation Program Coordinator, requesting use of Murzyn Hall for a teen lock-in on Wednesday, July 9, 1997. The hours for the usage would be from 7:00 p.m. on July 9, 1997 to 7:00 a.m. on July 10, 1997. The building will be staffed by Julie Dehmer and her playground leaders. Motion by Foss, second by Evans to grant Julie Dehmer use of the main hall, LaBelle Lounge, kitchen, Prestemon Room, Mathake/McKenna Room, Youth Lounge, and Edgemoor Room for a teen lock-in on July 9, 1997. All ayes, motion carried. USE OF HUSET PRESS BOXES BY NON-CITY EMPLOYEES Members reviewed and discussed a memo from Marti Madsen, Recreation Intern, requesting clarification regarding the use of Huset Park press box by non-city employees. Motion by Ruettimann, second by Foss that use of the Huset Park press box be restricted to no more than two adults who have a connection to the Columbia Heights home team using the field at that time, and with a further prohibition of alcohol from the press box, and with overall supervision by the facility supervisor of athletic fields. All ayes, motion carried. OLD BUSINESS BASKETBALL AT PRESTEMON PARK The Public Works Director/City Engineer updated members on this issue. Signs have been put up as directed, and the police department will attempt to enforce them. The city attorney is researching the amount of force of law the commission has with enforcement issues. PAGE THREE NEW BUSINESS BIKE RACK AT MI. JRZYN HALL Karen Moeller, Senior Citizen Coordinator, advised members of the need for a bike rack at Murzyn Hall for youth who participate in our programs. A bike rack will be installed behind Murzyn Hall by the Public Works Department. REQUEST FOR WAX ON THE WOOD FLOOR IN MAIN HALL, MURZYN HALL Karen Moeller, Senior Citizen Coordinator, advised members of a request from two senior citizens for wax to be applied to the wood floor in the main hall of Murzyn Hall. The request was made after they had attended the senior dance. Members determined that the request would be denied due to the liability risk involved with applying wax to the floor. REQUEST I~SE OF ALCOHOL IN SENIOR/OSTRANDER ROOM Karen Moeller, Senior Citizen Coordinator, requested direction from members regarding several recent requests for use of alcohol in the Senior/Ostrander Room. Members also discussed the issue of allowing BYOB events in Murzyn Hall. Motion by Evans, second by Nelson to restrict serving and consumption of alcoholic beverages to the LaBelle Lounge, and to make the necessary changes to the JPM Management Plma and rental policy to prohibit BYOB events; however, open bars are permitted only in the LaBelle Lounge if the alcoholic beverages are provided by the renter and served free of charge from behind the bar in the LaBelle Lounge. All ayes, motion carried. GAS LIq3HTS AT WARGO COURT Members reviewed the memo from the Public Works Director/City Engineer regarding a request from Century 21 Lighting to allow them to inst,'fll gas lights at Wargo Court. Two gas lights would be installed and maintained by Century 21 Lighting. Public Works crews may assist with trenching the line, and the city would pay for the gas. Motion by Magnuson, second by Evans to allow two gas lights to be installed and maintained at Wargo Court by Century 21 Lighting. Ruettimann abstained. All ayes, motion carried. PRESTEMON TENNIS COURTS Members reviewed the memo from the Public Works Director/City Engineer regarding the tennis courts at Prestemon Park which are in need of repair. Members discussed the issue and possible solutions. Members felt a mail survey of residents in the area should be sent out to get their input on this matter. Staff will bring the issue and recommendations to the City Council for their decision. PAGEFOUR REPORTS INTERIM RECREATION DIRECTOR Members were advised that 11 candidates were interviewed for the Recreation Director's position. Four f'mali.qts will be interviewed within the next two weeks. Chairman Dick Petkoff will participate in the f'mal interviews, and staff will have an opportunity to meet the candidates. Members discussed Silver Lake Beach and gave their input regarding possible re-opening of the beach. Members received a list of recommendations made by the Interim Recreation Director which will be given to the city manager via his exit memo. Members reviewed the Recreation Department's activity report for the month of June. Members reviewed items to be listed in the 1998 budget. PUBLIC WORKS DIRECTOR Members were advised of several complaints received by the Public Works Superintendent regarding the pathway around LaBelle Park not being handicap accessible. It is anticipated that the pathway will be completed at a future time. Staff reports recent vandalism in several of the park buildings. Members agreed that the park btfildings should be opened only for Recreation Department programs and permit users and should remain locked at all other times. The parks are equipped with port-a-potties for those time when the buildings are locked. Staff feels that park building keys have possibly been duplicated or never returned, which is contributing to the extensive vandalism. The buildings should all be updated with a new lock system. COMMISSION MEMBERS No report at this time. ADJOURNMENT Motion to adjourn by Foss, second by Evans. All ayes, motion carried. Meeting adjourned at 8:07 p.m. Janice McGhee-Fetzer, Park and Recreation Commission Secretary THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION MEETING OF THURSDAY, JUNE 19, 1997 The meeting was called to order at 7:35 p.m. by Chairman, Dennis Stroik. Roll Call: ~ Commission Members: Council Representative: City Representative: Cable TV Representative: Legal Counsel: Dennis Stroik, Reuben Ruen, Ruth Graham, & Dominic Diaz. Meg Jones Linda Magee and Jean Kuetm Kathi Donnelly-Cohen Bob Vose APPROVAL OF MINUTES Motion by Ruth, seconded by Reuben to approve the minutes from April 17, 1997. OLD BUSINESS A. Channel Check Co All ayes. Everything checked out fine during the channel check. Correspondence Log and Complaint Follow Up. There were no complaints or correspondence received since the last meeting. Meeting to Discuss the Report on Best Available Technology to Refurbish the Cable System Kathi Donnelly-Cohen, Kevin Griffin, and Linda Magee have met and discussed this issue. The cable company will withhold submitting more details until the Roseville System finalizes their franchise renewal. The cable company has submitted a proposal to Roseville regarding the planned technology upgrades as part of their renewal process. Once approved, our system will be upgraded at the same time and in the same manner as the Roseville system. Status of Appeal with FCC re: Transfer of Ownership As of this date, the FCC still has not addressed the appeal that was filed regarding the Transfer of Ownership from Continental to US West. Tom Creighton has been meeting with the attorneys representing US West to negotiate some type of resolution on this issue, however, these negotiations have not been completed yet. TELECOMMUNICATIONS COMMISSION MINUTES JUNE 19, 1997 PAGE 2 Eo Status of Rights of Way Legislation-Model Right of Way Ordinance Bob Vose told commissioners that the legislation recently passed has given cities the authority to require all companies to register with the City if they intend to use a public right of way, and to issue permits before any digging is done in a public right of way. However, cities do not have the the right to franchise telephone companies. If cities plan to regulate right of ways, they need to adopt a Right of Way Ordinance detailing the requirements to be followed in order to exercise the power the legislation has granted. He went on to explain that Bernick and Lifson has prepared a Right of Way Ordinance modeled after the Ordinance prepared by the League of MN Cities. Both Ordinances were passed out at the meeting and Bob Vose reviewed the differences between the two. A few of the differences included: 1. The League's Model has stricken references to a municipality's legal authority to adopt a ROW ordinance and franchise certain ROW users. The Bernick and Lifson Model indicates that municipalities have franchising authority with respect to non- telecommunications users of the ROW. 2. The League's Model fails to provide for the exercise of franchise authority for those that can be franchised. 3. The League Model addresses a user fee rather than a franchise fee. 4. The Bernick and Lifson Model makes a provision for a "Performance and Restoration Bond" as part of the registration with the City. (See the memorandum attached to the model ordinances for a complete explanation of the comparisons between the two). The changes that were made in the Bernick/Lifson Ordinance were sent to the League also. So far the League has not acknowledged the suggested changes. Linda reported that she has given our City Attorney, Jim Hoeft, a copy of both ordinances so he can review them and make a recommendation to the council. Motion by Reuben, seconded by Ruth to recommend that the City Council adopt a Right of Way Ordinance, and to direct staff to review the two ordinances with the City Attorney so that one can be drafted which will be appropriate for this City's needs. All ayes. TELECOMMUNICATIONS COMMISSION M~NUTES JUNE 19, 1997 PAGE 3 F. Status of Light System in Council Chambers Jean reported that Councilmembers will be getting a mute button on their hardwired microphones, however, Jean will have the option of overriding it if the need should arise. Jean also stated that she has had difficulty getting a price quote for a lighting system as it would have to be specially designed. When checking into this, Jean found that no other city councils use such a system. The only place she determined it was being used was for legislative bodies in state/federal government. The commissioners questioned the need for a lighting system and the dollars it would cost to design such a system for us, however they directed her to try and get a ball park estimate, so a recommendation can be made to the council regarding this issue. g. Other Old Business Meg said she received wonderful service recently when the Cable Company came out to work on her system and bury her cable. She thought they were very professional and performed their duties in a timely manner. NEW BUSINESS Review of Annual Report and Financial Statements Enclosed in the agenda packet was the audited Financial Statement for the cable company from July 1, 1995 to June 30, 1996. That was the fiscal year of the cable company before the last transfer. The time period of July-December is missing from this report, as the last transfer resulted in the fiscal year being changed back to the calendar year, and therefore, the financials for that period of time are not available. Kathi will check to see when a f'mancial statement on this period could be supplied. Motion by Ruth, seconded by Dennis to accept the Annual Report and the financial report as submitted. All ayes. Receipt of FCC Form 395-A This is an annual employment report that is required by the FCC. A copy of the report was enclosed in the agenda packets. Notice of Changes in Programming to Adult Pay Per View Kathi explained that cable systems must be able to completely scramble the signal for adult programming or move the programming to the "safe harbor" hours of 10:00 pm to 6:00 am. many people do not have cable boxes which provides scrambling of the signal, Meredith has decided to move the programming to the safe harbor hours. Subscribers were notified of this change which took effect May 18, 1997. As TELECOMMUNICATIONS COMMISSION MINUTES JUNE 19, 1997 PAGE 4 D. Franchise Fee Payment for 1st Quarter A copy of the franchise fees for 1st quarter were enclosed in the agenda packets for ~he cormnissioners to review. E. Name Change of Continental Cablevision to Media One This was a cOurtesy letter, officially notifying us of a formal name change from Continental Cablevision to Media One. However, this change will not impact the local operating name, which will continue as Meredith Cable until the transfer process or change of ownership is complete. F. Sale of North Central Cable Communications Corp to Charter Communications We will receive FCC Form 394 on July 15th. This will start the 120 day clock to review the forms before approving the transfer. Bob Vose explained we will need to particularly look at the f'mancial qualifications of Charter Communications because of the sale amount and the amount that will be required to rebuild the systems. They paid ten times the cash flow amount for the system which is a standard price. Years ago systems were sold according to the subscriber base, but sales are now generally based on the cash flow of the companies. G. Reappointment of Dennis Stroik and Reuben Ruen Copies of the letters sent to Dennis Stroik and Reuben Ruen reappointing them to their position on the Telecommunications Commission were enclosed in the agenda packets. H. Future Use of Wireless Microphones Jean reported that two of the microphones are in poor repair. Police took one microphone for their use in surveillance cases. We will keep four of the newer microphones for presentations or as back up if needed. This leaves 5 microphones (2 are about 2 years old and the other 3 are approximately 5-8 years old). Motion by Meg, seconded by Ruth to recommend that we try to sell the five remaining microphones on a consignment arrangement or through the League Bulletin. All ayes. I. Proposed Changes to 612 Area Code Don Jolly asked for input from the commission on a notice he had received regarding the need to add another area code to the seven county metro area by the end of 1998. The options listed were: o To split the metro area at the River To keep the present area code for the "inner city/downtown" areas where the greatest concentration of businesses are, and give a new area code to the surrounding suburbs. All new numbers would get a new area code. TELECOMMUNICATIONS COMMISSION · M~ NUTES JUNE 19, 1997 PAGE 5 The fact that this will affect cell phones, home phones, businesses, fax machines, beepers, etc. was discussed. This will become very confusing as the use of telecommunication devices grows. The commissioners agreed they do not want their area code to change, but had no recommendation as to what process should be used. REPORTS Ao Report of the Commissioners There was nothing to report. Report of Meredith Cable Kathi stated all the reports were enclosed in the agenda packets and asked if there were any questions. Report of the Cable Attorney Bob reported there will be a meeting between Cable Administrators, Attorneys, and Charter Communications Representatives. Linda will be attending this meeting. Report of the Assistant to the City Manager There was nothing further to report. Motion by Meg, seconded by Ruth to adjourn the meeting at 8:50 pm. Respectfully submitted, Shelley Hanson Secretary Ail ayes. THESE MINUTES ARE NOT APPROVED MINUTES COLUMBIA HEIGHTS SPECIAL ~CHARTER COMMISSION MEETING JUNE 19, 1997 7:00 P.M. MATHAIRE MC KENNA ROOM JOHN P MURZYN HALL CALL TO ORDER The meeting was called to order at 7:15 p.m. by President Bruce Nawrocki. ROLL CALL Members present: Bill Antzaras, Ted Landwehr, Janis Larson, John Murzyn, Bruce Nawrocki, Gary Olson, Brian Peterson, Dick Schmidt, Theresia Synowczynski, Nan Tilkens, Jamie Verbrugge Members absent and excused: Joel Cason, Carol Crema-Klein Members absent and unexcused: None Also present: Joseph Sturdevant, Mayor; Carole Blowers, Recording Secretary NOTE: Since the last meeting, Kathryn Smith has declined appointment, as she is moving out of the city. Membership now stands at thirteen. APPROVAL OF MINUTES Motion by Nan Tilkens, seconded by Ted Landwehr to approve the minutes of the Special Charter Commission meeting of May 22, 1997, with the addition to paragraph two under "Approval of Minutes" to indicate exactly, for the record, what the City Attorney's clarification on eligibility of past members was. Motion passed unanimously. NOTE: The City Attorney's clarification stated that if the term of a commissioner has expired and they are not eligible to serve another term, then the term is expired. If the term of a commissioner has expired, but the commissioner is still eligible to serve an additional term, they can continue to serve until someone new is appointed to serve. OLD BUSINESS Discussion on City Attorney Attendance at Charter Commission Meetings All members should have received a memo from the City Manager dated June 10, 1997, regarding attendance of the City Attorney at Charter Commission meetings. The President also explained that the City Attorney's retainer fee includes four quarterly regular Charter Commission meetings. The City Attorney is not expected to be at special meetings, unless requested to do so. President Nawrocki indicated that in checking to see if the city has been billed for any of the "special meetings" the Charter Commission has had in the past, the city was billed 6-19-97 Page 1 of 4 approximately $325 for a meeting last November which lasted one hour and 29 minutes. Members questioned whether the attorney's fees included research time for items for that meeting. That will have to be looked into further. The President will check further with the Finance Department to see if the city was charged additionally for the February and March (1997) special Charter Commission meetings. He will also check with the City Manager to obtain further information (will the City Attorney always attend regular meetings or only if we ask him to; how the City Attorney's presence at a special meeting will be requested). Jarnie Verbrugge arrived at 7:20 p.m. Update on Chapter 5, Initiative, Referendum, & Recall The amendments to this chapter were completed by the City Attorney's office and sent to the Council on June 9, 1997, for its first reading. The ordinance's first reading was held, and no further changes were made to the draft sent by the Charter Commission. The ordinance is scheduled for its second reading on June 23, 1997. Update on Chapter 3. Section 17, Rules of Procedure and 0uorum The recommended wording sent to the Council from the Charter Commission on June 9, 1997, for a first reading was to add as the second sentence to Chapter 3, Section 17: "Detailed minutes of all discussions, motions or other actions shall be kept for all public council meetings and for meetings of any commissions appointed by the council." The Council approved the following wording at that meeting (adding as the second sentence to Chapter 3, Section 17): "Detailed minutes, taped recordings or video recordings with sound of all discussions, motions, or other actions shall be kept for all public council meetings and/or for meetings of any other commission appointed by the council or any other commission which functions on behalf of the City Council." As the language sent to the Council from the Charter Commission was altered, this matter must procedurally come back to the Charter Commission for their discussion, approval, or denial. Motion by Jamie Verbrugge, seconded by Janis Larson that the City Council suspend the second reading of the ordinance regarding Chapter 3, Section 17, and formally forward the Council's recommendations on this chapter back to the Charter Commission for their review and comments, and then hold the second reading when appropriate. Voting: yes-5, no-6. Motion defeated. 6-19-97 Page 2 of 4 Further discussion ensued on this item. Basically, it is a procedural matter that now the language recommended by the council be sent back to the Charter Commission before a second reading can be held. There was not a consensus by Charter Commission members present tonight to accept the wording as approved by the Council on June 9, 1997. Motion again was made by Jamie Verbrugge, seconded by Janis Larson that the City Council suspend the second reading of the ordinance regarding Chapter 3, Section 17, and formally forward the Council's recommendations on this chapter back to the Charter Commission for their review and comments, and then hold the second reading when appropriate. Motion passed. The Recording Secretary will prepare the appropriate council letter with recommended motion passed by the commission for consideration at their next council meeting. Chan~ng Control of the Police Department from the Ma_vor to the City Manager It appears that most Charter Commission members have strong feelings one way or the other, and no one has changed their minds from the last several meetings. Some still feel this item should be decided by the people, and that it should be put on the ballot this fall. Others feel it should stay the way it is. Motion by Jamie Verbrugge, seconded by Gary Olson that a charter amendment be prepared to change the control of the Police Department from the Mayor to the City Manager. Voting: yes-5; no-6. Motion defeated. Motion by Jamie Verbrugge, seconded by Gary Olson, to kill this issue from further consideration from those currently on this board unless the council directs the commission to discuss it again. Voting: yes-2; no-9. Motion failed. Jamie Verbrugge left the meeting at 8:25 p.m. Reviewing the Charter to Update It Some time ago, a comparison of a statutory city vs. a charter city was prepared and discussed. The Recording Secretary sent copies again to members for their review prior to tonight's meeting. Motion by Brian Peterson, seconded by Janis Larson that commission members review Chapters 1, 2, 3, 4, and 5 of the City Charter and be prepared to discuss them at the next meeting. Motion passed unanimously. NEW BUSINESS None 6-19-97 Page 3 of 4 NEXT MEETING DATE The next regular meeting is July 17, 1997, at 7:00 p.m. ADJOURNMENT Motion by Brian Peterson, seconded by Ted Landwehr to adjourn the meeting at 9:05 p.m. Motion passed unanimously. Respectfully submitted, Carole Blowers Recording Secretary 6-19-97 Page 4 of 4 MINUTES July 1, 1997 The meeting was called to order by Chair, Barbara Miller. Those present were: Barbara Miller, Richard Hubbard, Don Jolly, Pat Sowada, Nancy Hoium, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the June 3rd meeting as mailed. The July 1~t bill list was reviewed. It was moved, seconded, and passed that the'bills be paid. The accounting was reviewed. It was noted that the title of line item 2187 has been changed to Book/tape sets, because of some confusion that was occurring with vendors. Old Business: 1.) 2.) 3.) 4.) 5.) 6.) The Internet Policy was signed by Board Chair, Barbara Miller. Book sale results were reported. The Friends of the Library took in $863.65 and the library netted $582.70. Deborah Cook and Matthew Dondelinger passed their page tests on 6/28, and will begin working on the floor the week of July 7. No applications were received for the second scheduled training session, so it has been canceled. An ad is being placed in the Northeaster and Focus the week of June 30. Applications will close on July 19 with interviews planned for the week of July 21. No choreperson advertisement is being mn at this time. One choreperson interview is set up for next week. No changes or updates to report on the proposed 1998 budget at this time. The joint City Council/Board Budget meeting is set for October 7th. Nancy and Pat both expressed concerns about conflicts with that date. City Manager, Walt Fehst, will be contacted about the possible conflict. An Open House and Parade overview was presented. The Open House was held on June 24 and about 200 people came through the doors. It was a great success. Mother Goose painted faces in the children's department. She painted about 65 bookworms. 32 new patrons were registered in the children's department during the open house and received special prizes. The parade brought a very positive response once again. Board and staff distributed 2,800 $100 bill bookmarks during the parade and also handed out about 2,000 pieces of candy. Everyone felt the library received a very heartwarming response from the public. No roof patching has been done to the building at this time. Mark Winson, Public Works Director, is checking with. contractors about possibilities. No roof problems have been reported during the past month. New Business: 1.) Thank you letter to the Friends for their donation of a pamphlet rack for the children's room was reviewed. 2.) Crossover statistics were reviewed. 2 3.) 4.) Because National Night Out conflicts with the August Board meeting, the Board voted to hold the August meeting on Monday, August 4th, 1997, at 7:00 p.m. The Board was invited to the 20~h anniversary memorial service to be held for Curtis Ramsdale being killed in the line of duty. The service will be held at City Hall on July 30~h at 6:30 p.m. with a reception to follow at Murzyn Hall. Due to warnings about impending storms the meeting was adjourned at 7:33 p.m. Respectfully submitted, J~anine M. Schmidt, Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. CiTY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (6 ! 2) 782-2800 TDD 782-2806 MEMBERS Marlaine Szuretc, Chair James Fowler Russ Paulson Gary Peterson Gary Larson PLANNING AND ZONING COMMISSION MINUTES REGULAR MEETING OF JULY 1, 1997 The Planning and Zoning Commission meeting of July 1, 1997 was called to order by Chairperson Szurek at 7:00 p.m. Members present were Paulson, Fowler, Peterson and Szurek. Also present were Tine Goodroad (Zoning Coordinator), and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Paulson, seconded by Fowler, to approve the minutes from the Planning and Zoning Commission meeting of June 3, 1997 as presented in writing. Voice Vote: All Ayes. Motion Carried. NEW BUSINESS: Petitions, letters and requests. Public Hearing Special Purpose Fence Case #9707-22 Jori Edwards 1137 N.E. 42 1/2 Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Jon Edwards for permission to install a six (8) foot high picket style wood fence along the east side of the house at 1137 N.E. 42 1/2 Avenue. Ms. Goodroad stated that the signatures of consent have been received from the adjacent property owners. Chairperson Szurek opened the public hearing. No one was present to speak regarding this request. The pUblic hearing was closed. MOTION by Fowler, seconded by Paulson, to recommend to the City Council the approval of the six (6) foot high special purpose fence as requested for the property located at 1137 N.E. 42 1/2 Avenu~ provided the'required property irons have been located and the required permit is obtained prior to fence installation. Voice Vote: All Ayes. Motion carried. *'*THIS ITEM TO APPEAR ON THE JULY 14, 1997 CITY COUNCIL AGENDA. B. Public Hearing Variance Case #9707-23 Roger Reiter RE: 4220 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Roger Reiter for a 52 square foot variance to allow the construction of a 14' x 6' (84 s.f.) freestanding sign at 4220 Central Avenue on the south side of the property facing Central Avenue, and set approximately six (6) feet off the ground. Ms. Goodroad informed the Commission that the sign is to replace one that has been in existence for years, does not conform to the Sign Ordinance and was in disrepair THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES - - EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JULY 1, 1997 PAGE 2 'and fell down. The sign is non-conforming due to the 84 square feet size of the sign which exceeds the 32 square foot permitted size in the LB, Limited Business District). Ms. Goodroad informed the Commission that Section 9.117A(2)(ii) of the Sign Ordinance states that if a non- conforming sign comes into disrepair such that, in the opinion of the Zoning Administrator, it requires significant repairs or replacement, the sign must be removed. Ms. Goodroad stated that a freestanding sign could be utilized at this site as long as it does not exceed the Sign Ordinance size allowance of 32 square feet. It was her opinion that no hardship exists at this site to warrant approval of the variance request and approval of the variance would set a precedent. She stated that the proposed 84 square foot sign would exceed the maximum size allowed for freestanding signs (75 s.f.) in all other business districts. Ms. Goodroad stated that when the moratorium ended on enforcement of the new signage restrictions, businesses with non-conforming signs were informed of the non-conformity of their signage and the criteria for bringing it into conformity. Commissioner Szurek asked Mr. Reiter if he understood that the sign could not stay as is. Mr. Reiter was present and stated that he understood. He explained to the Commission that the sign was installed in 1960 by the former owner of the building, Clifton Herried. Mr. Reiter moved into the building in 1986. Since the sign was taken down by the wind, he assumed that he could reconstruct the sign as it was a pre-existing sign. He felt that he needed the larger sign so that his customers could find his business. Commissioner Szurek explained the hardship requirements of the Zoning Ordinance to Mr. Reiter and the reason restrictions were set on the size of signage in the business districts. Commissioner Paulson suggested that the new signage could be updated and lit so it would be more visible. Mr. Reiter was concerned with sign visibility during the day as the office was not open in the evening. Council Representative Peterson suggested that Mr. Reiter update the sign, eliminate some of the script on the current design and consolidate it into a smaller size. He also asked staff about wall signage, and what would be allowed. Ms. Goodroad stated that the wall signage for this tenant space would be based on the lineal frontage of the space. Mr. Reiter questioned the reason for different signage size allowances along Central Avenue and why they vary from side to side and block to block. It was explained that there are different zoning districts along Central Avenue and within the City to accommodate a variety of businesses as Well as less intense businesses adjacent to larger residential areas. Ms. Goodroad did state that there are non-conforming signs in existence. She explained that the Sign Ordinance requires the non-conforming signage to be brought into conformance when the building or property is sold, new ownership or tenant, when the sign comes into disrepair and must be replaced, or when a building permit is issued for the site in the amount of 85000 or more. She also stated that when only the face of the sign or the insert portion, not the whole sign, is replaced, the non-conforming sign would be allowed to continue. PLANNING AND ZONING COMMISSION REGULAR ME~TilVG. MIJ~UTE$ JULY 1, 1997 PAGE 3 Motion by Paulson, seconded by Fowler, to deny the 52 square foot sign variance for 4220 Central Avenue due to lack of a qualified hardship and that all signage at this address be brought into conformance with the Sign Ordinance and the required permits be obtained for signage changes. Voice Vote: Ail Ayes. Motion carried. Commissioner Paulson inquired as to the year that notification to businesses of non-conforming signage took place and asked staff to provide that information to the City Council if an appeal was filed. Public Hearing Appeal Case #9707-24 Gerry Herringer 2107 N.E. 37th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Herringer for an appeal of an administrative decision by the Zoning and Building Departments to not allow the use of a vacant Foto-Mat building located at 2107 N.E. 37th Avenue. The structure in question is located on the same lot as the Apache Theater complex. Ms. Goodroad informed the Commission that Section 9.104(4)(6) of the Zoning Ordinance states that there shall be no more than one (1) principal building on one lot. Since this structure is no~t on its own lot, it is considered non-conforming. Ms. Goodroad also stated that the structure has been vacant since 1993. She informed the Commission that Section 9.104(3)(f) of the non-conforming section of the Zoning Ordinance states "whenever a non-conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformity with the provisions of this ordinance". Ms. Goodroad directed the Commission's attention to a letter submitted by Mr. Herringer with his application for appeal, written by the most recent individual interested in using the structure as a "Coffee to Go" shop. Staff informed the individual that, due to the non-conforming status of the building, the use could not be approved. Ms. Goodroad stated that she personally has explained the same situation to Mr. Herringer. Ms. Goodroad informed the Commission that Building Official, Mel Collova, has also declared the structure hazardous and substandard as defined in State Statute 463.15 and ordered the building be razed. She directed the Commission's attention to a copy of his letter and the State Statute and sections of the Building Code included in the agenda packet for review. She indicated that Mr. Collova based his declaration on the following facts: 1. The structure has remained vacant longer than six months and shall be treated as anew building (UBC 3403.1 and 3403.2). 2. The structure does not have sanitation facilities (sewer and water)(UBC 304.§). 3. The structure does not meet current Energy Code requirements (Mn. Rules 7670). 4. The structure constitutes a public nuisance known to common law or in equity jurisprudence (302.17 Uniform Code for the Abatement of Dangerous Buildings). PLANNING AND ZONING COMMISSION REGULAR MEETING. MII~UTES JULY 1, 1997 PAGE 4 Ms. Goodroad stated that in researching for the preparation of this report, Mr. Collova came across a letter written and signed by Mr'. Herringer which states the Foto-Mat building was approved because the request to construct a second auditorium was withdrawn. Since that time, additional auditoriums have been added to the theater, therefore, the Foto-Mat building should have been removed. Ms. Goodroad stated that the most recent request for the use of the building in question was for a coffee shop. She stated that this type of use concerns Staff as no sanitary facilities exist and the building is not connected to sanitary sewer and water. She stated that she had spoken with Spencer Pierce of the Anoka County Health Department regarding this type of request. He could not provide the full requirements as he does not have a proposal. However, he did say that he would require the most basic requirements of a sanitary facility, hand and ware washing facilities at the building and that the structure be connected to sanitary sewer. Mr. Pierce would base his requirements for this location the same as any other coffee shop request. Ms. Goodroad stated that due to the length of time the building has been empty and in the non-conforming status, Staff would recommend denial of this appeal. Site informed the Commission that pictures of the building are available which clearly shows its extremely small size. Ms. Goodroad stated that she nor the Building Inspector are aware of the existence of a similar size Foto-Mat building in another city that is being used for a viable operation. Council Representative Peterson felt that the reference to the Energy Code was stretching the code. He felt that a space heater could be used. He also reit that the use would have to meet the requirements of the Anoka County Health Department for sanitation facilities, sewer and water connections. Mr. Herringer was present to state that the Foto-Mat building opened in 1974 and was in continuous use until 1984. He felt that the building was unique and not a handsome structure. He thought the use of the building for a small business to get a start was a good opportunity. He stated that he had in the past sent some of the requests for uses to the City where they were summarily dismissed and no support or help given to encourage new business. He stated that he did not buy into the hazardous building status indicated by the Building Inspector. However, he stated that if the building would have to be removed it would be removed. Chairperson Szurek opened the public hearing. Karen Goodcase of 684 N.E. 40th Avenue asked for clarification of the phrase "non-conforming" and what it meant. Chairperson Szurek closed the public hearing. Chairperson Szurek expressed concerns with the lack of sanitation .facilities stating that the serving of any food or beverage and the handling of money would need the facilities to wash hands for sanitary purposes. Council Representative Peterson compared this case to that of Don's Car Wash. Ms. Goodroad explained that the approved accessory structure proposed by Don's Car Wash would be used in conjunction with his principal business as a cashiers booth for the car wash. The Foto-Mat structure has been requested to be used as a separate business from the principal use of the theater. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JULY 1, 1997 PAGE 5 Ms. Goodroad asked the Commission if this is the type of. building the City wants to encourage the continued use of when no other city would allow this to exist. Commissioner Paulson asked if the building could be used for pre-ticket sales for the theater. Ms. Goodroad stated ~that the buildin9 could be a part of the principal use of the theater and used for pre-ticket sales. She explained that the problem occurs when the building is proposed for a use separate and individual from the principal use and by a different business and operator. Council Representative Peterson asked if a Iotsplit could be done splitting the Foto-Mat building from the rest of the parcel. Ms. Goodroad responded that the minimum lot size and minimum lot area required for that zoning district would have to be met and that would not be possible. Ms. Goodroad re-iterated to the Commission that the appeal process would be necessary no matter what the proposed use of the building would be as the building is not in compliance with the Zoning Ordinance. The use of the building is secondary in the process. Motion by Peterson, seconded by Paulson, to deny the appeal as the property is non-conforming and no sanitary sewer and water exists to the structure. Roll Call: Paulson-Aye; Fowler-Abstain; Peterson-Aye; Szurek-Aye. Motion carried. Public Hearing Special Purpose Fence Case #9707-25 Tim Lawrence 4501 N.E. 5th Street Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Tim Lawrence for permission to install a five (5) foot high wood privacy fence along the south property line from the front corner of the house to the driveway and back to the garage front at 4501 N.E. 5th Street. Ms. Goodroad stated that Planning and Zoning Commission review is required for all fences which lie in the front andlor to the side of any house and which exceed 42 inches in height. Chairperson Szurek opened the public hearing. The public hearing was closed as no one was present to speak regarding this case. Motion by Fowler, seconded by Paulson, to recommend to the City Council the approval of the request for a, five (5) foot high special purpose privacy fence at 4501 N.E. 5th Street provided the required property irons have been located and the required permit is obtained prior to fence installation. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF JULY 14, 1997. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JULY 1, 1997 PAGE 6 Eo Public Hearing Special Purpose Fence Case #9707-26 Jane Anderson 1402 Circle Terrace Columbia Heights, Mn. Ms. Goodroad presented the request of Ms. Jane Anderson for permission to install a six (6) foot high wood privacy fence along both the north and south side yards at 1402 Circle Terrace starting at the front of the house and extending to the rear lot line on both sides. The reason for the request of the wood fence is to keep her dogs enclosed inside the yard. Ms. Goodroad stated that the neighbor at 1410 Circle Terrace has provided a signature of consent but the property owner of 1336 Circle Terrace has not signed the fence consent form. Ms. Goodroad stated that Planning and Zoning Commission approval is required for ali fences which lie in the front and/or to the side of any house and exceed 42 inches in height. Chairperson Szurek opened the public hearing. The public hearing was closed as no one was present regarding this case. Motion by Peterson, seconded by Fowler, to recommend to the City Council the approval of the request for a six (6) foot high special purpose privacy fence provided the required property irons have been located and the required permit is obtained prior to fence installation. Voice Vote: All Ayes. Motion Carried. **THIS ITEM TO APPEAR ON THE JUlY 14, 1997 CITY COUNCIL AGENDA. F. PUD Concept Plan Review Case #9707-27 Crest View Corporation 4444 Reservoir Bird. Ms. Goodroad presented the request of Crest View Corporation for PUD Concept Plan Review for the construction of a three story, forty unit senior apartment building for people 62 years and older and low to lower income levels. She stated that the purpose of the Concept Plan Review is to provide the applicant with information and thoughts relevant to the City's Comprehensive Plan and the proposed development. Pursuant to Section 9.116(17) of the City's Zoning Ordinance, she stated that the Planned Unit Development review process consists of a Concept Plan Review (not a published public hearing, only Planning and Zoning Commission review), Preliminary Plan and Final Plan approvals (both are public hearings and require City Council approval). She stated that the major purpose of the Concept Plan Review is consideration of the following items: 1. Surrounding land use patterns and relat_ionship to subject site. 2. Proposed use and architecture as to height and bulk. 3. Existing physical features such as topography, tree location, drainage patterns and availability of utilities. 4. Proposed density, use relationships, access, parking, open space and building mass. PLANNING AND ZONING COMMISSION REGULAR MEETING- M~NUTE$ JULY 1, 1997 PAGE 7 Ms. Goodroad informed the Commission that the City's Comprehensive Plan designates the area where Crest View Corporation's buildings are located as high density residential. Ms. Goodroad informed the Commission that Crest View Corporation is applying for a HUD 202 Grant which will provide supportive housing for the elderly, defined as people 62 years of age and older. She stated that Crest View will be applying for 40 units to build a new building on the west end of the Crest View Corporation Campus. If the grant is funded, the corporation will receive the capital to build the 40 unit building. She indicated that the HUD 202 program is an attractive program as it requires tenants to pay only one-third of their income towards rent. She felt that this would be an excellent addition to the campus as all other services and amenities already exist. Ms. Goodroad stated that in the application, Crest View Corporation is asked to provide evidence of support from the City on a concept plan and a resolution showing consistency with the City's Comprehensive Plan. Ms. Goodroad felt that if the grant is awarded, the City could expect a request for PUD preliminary Plan approval by early fall. Ms. Goodroad stated that the proposed concept plan shows the three story building situated at an angle at the west end of the Crest View Campus. The main reason for the angle is to not disturb the view of the skyline for the adjacent buildings. The concept plan shows the three existing buildings and also a proposed future chapel and adult daycare facility that would be constructed after the 40 unit building is complete. Three other buildings on the campus include a nursing home, 50 unit assisted living building (Royce Place) and a 77 unit market rate senior apartment building (The Boulevard). She informed the Commission that.the proposed forty unit building will be three stories high with a total building coverage of 11,583 square feet. All units except the caretakers unit will be one bedroom. Ms. Goodroad stated that based on the concept plan, setbacks appear to be met. The R-3 Multiple Family Zoning District does have floor area requirements for dwelling units. All one-bedroom apartments must be 600 square feet and a two-bedroom is required to be 720 square feet. Ms. Goodroad felt the parking restriction could be considered strict as the Zoning Ordinance would consider this as a multiple family dwelling in which two parking spaces are required per unit. The Parking Ordinance does not have separate requirements for a senior apartment building. She stated that the only other separate parking requirement is for a sanitarium, ,convalescent home, rest home, nursing home or institution (Section 9.116(4)(n). However, this building would be looked at more as an apartment building. This does not mean however, that through the PUD process the entire parking issue can be looked at as far as counting other available and existing lot space for the new building, or reducing the number of parking requirements. She stated the concept plan does show 26 parking spaces on the north side of the building. Ms. Goodroad informed the Commission that the architect will be submittin9 a landscape plan at the time of preliminary review. At that same time, the Engineering Department will begin their review on drainage/grading plans. PLANNING AND ZONING COMMISSION REGULAR MEETING. M~NUTES JULY 1, 1997 PAGE 8 Ms. Goodroad stated that the proposed three story, forty unit building would conform to both the R-3 Multiple Family Residential Zoning designation and the Comprehensive Plan designation as high density residential. Crest View Corporation is requesting a resolution certifying consistency with the City's Plan. She informed the Commission that this resolution has been prepared as Resolution 97-02 for review and signature by the Planning 'and Zoning Commission Chair. Ms Goodroad stated that Staff finds the proposed development to be consistent with the City's Comprehensive Plan and Zoning Ordinance. The development is also compatible with surrounding land use patterns. Shirley Barnes, Director of Crest View, was present to speak on behalf of the proposal. John Super of 640 N.E. 40th Avenue was present and asked when the building will be started. Ms. Barnes replied that if all approvals proceed as anticipated, construction could start in the Spring of 1998 with a completion approximately ten months later. Motion by Paulson, seconded by Fowler, to approve the Concept Plan as it is consistent with the City's Comprehensive Plan and Zoning Ordinance and satisfies the requirements of the PUD Concept review portion of the Zoning Ordinance. Voice Vote: Ail Ayes. Motion carried. Motion by Paulson, seconded by Fowler, to recommend to the City Council the approval of Resolution #97-02, a Resolution of the Columbia Heights Planning and Zoning Commission finding the proposed 40 unit Senior Apartment Building to be constructed by Crest View Corporation at ,!.,!.,!,,!. Reservoir Boulevard to be consistent with the plans of the City. Voice Vote: All Ayes. Motion carried. *THIS ITEM TO APPEAR ON THE JULY 14, 1997 CITY COUNCIL AGENDA. Public Hearing Zoning Ordinance Amendment Case #9707-28 City of Columbia Heights 590 N.E. 40th Avenue Ms. Goodroad presented an amendment to the current Fence Ordinance explaining that the proposed amendment would allow homeowners to construct a fence higher than 42 inches along side the home without applying for a Special Purpose Fence Permit. She explained that currently, when an applicant proposes a fence higher than 42 inches in height anywhere within the front yard or along side the house, the homeowner must apply for a Special Purpose Fence Permit. The underlined portions of the new ordinance limit a fence to 42 inches when constructed anywhere in the front yard setback area up to the front corners of the house. The new ordinance would allow fence construction up to 6.5 feet along side the house and within the rear yard setback area without a Special Purpose Fence Permit. She stated that a building permit will be required for any fence over six (6) feet and Staff will review a site plan and construction plan before issuance of the permit. If an applicant proposes a fence over 6.5 feet in height, a Special PLANNING AND ZONING COMMISSION REGULAR MEETinG - MINUTES JULY 1, 1997 PAGE 9 Purpose Fence Permit will be required. However, it was Ms. Goodroad's contention that most fence proposals will fall under 6.§ feet in height. Ms. Goodroad stated that these changes will allow Staff to administratively approve fences and avoid the hassle of requiring special permits. The change will also be easier to understand for homeowners and the Ordinance will be more clear as to what can and cannot be done. Ms. Goodroad informed the Commission that Staff proposes an effective date of JanUary 1, 1998 for the Ordinance amendments. The reason for the starting date in January 'is to give Staff time to update handout information and provide that information to the community through the City newsletter in preparation of next Spring's building season. Chairperson Szurek opened the public hearing. The public hearing was closed as no one was present to speak regarding this item. Motion by Peterson, seconded by Paulson, to approve Ordinance #1350 and also recommends that the Ordinance #1350 be forwarded to the City Council for a first reading. Voice Vote: All Ayes. Motion Carried. **THIS ITEM TO BE PRESENTED TO THE CITY COUNCIL IN THE NEAR FUTURE. STAFF REPORT: A. Ms. Goodroad informed the Commission that Staff has received an inquiry regarding the rezoning of 40th Avenue back to residential. She explained that the homeowner at 643 N.E. 40th Avenue, Mike Ryan, has tried selling his home for over a year and has been unable to, he feels, due to the existing business zoning. Mr. Ryan has explained that he has had several people interested in the property, however, many of them have had difficulty in getting a mortgage due to the zoning and legal non-conforming status of the home. She indicated that she has also spoken to many interested buyers who have expressed the same frustration in finding a mortgage company willing to work with them. Ms. Goodroad stated that the existing business district zoning along 40th Avenue between Central and University Avenues puts all the homes in a legal non-conforming status, if a home in this zoning district were damaged more than 50% of the value, only a conforming use could be constructed in its place. Many mortgage companies are only willing to back their mortgage up 50% of the value due to this non-conforming status. She informed the Commission that the issue of rezoning portions of 40th Avenue back to residential has been discussed on a limited basis with Council members. Until the conversation with Mr. Ryan, Staff has put this issue on the list of things to look-at when-the Comprehensive Plan update is completed during 1998. Mr. Ryan has questioned wheth~,r the consideration of rezoning could be considered possibly sooner than next year. Mr. Ryan also inquired if the residents could request the change on their own. Ms. Goodroad stated that she explained the process of a rezoning and the cost to Mr. Ryan. She felt that Staff would rather see the City study this issue and look at the entire area and surrounding uses in a more comprehensive approach. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JULY 1, 1997 PAGE 10 Ms. Goodroad informed the Commissioners that due to the requirements from the State, the Comprehensive Plan update is required to be completed by December of 1998. Staff would like to work with a consultant to review changes/updates that will be required and this rezoning issue is one where assistance could be helpful. Commercial activity has not been active in this area and this most likely won't increase. Ms. Goodroad indicated that the Planning and Zoning Commission could ask staff to pursue rezoning 40th Avenue stating that a public hearing would be required not only for the change to the Zoning Ordinance, but also a public hearing to amend the Comprehensive Plan. She felt consultant assistance could be helpful. Commissioner Paulson was concerned that there might be a conflict with the Metro Land Planning Act. Commissioner Szurek asked how much work would be involved in making the change now versus later during the Comprehensive Plan update. Chairperson Szurek opened the meeting to the members of the audience. Mike Ryan, owner of 643 N.E. 40th Avenue, was present to state that the person that had been interested in purchasing the home on 40th Avenue pulled out of the sale due to the non-conforming status and the problems the mortgage company created because of the status. He stated that the house is currently rented. He stated that he does not want to be a landlord and would like to sell the house as it is holding his family back. John Super of 640 N.E. 40th Avenue was present to state that he has owned and lived in his house for 40 years. He is approaching the time when he would like to retire and sell his home and move to other housing. Was afraid of the problems this non-conforming status could create for his future. Karen Goodcase of 684 N.E. 40th Avenue was present to speak regarding the non-conforming status of the residences.along 40th Avenue and expressed hope that the City would make changes to help the property owners to realize the full value of their property. Dan Shattuck of 624126 N. E. 40th Avenue was present stating that he is a professional landlord and thought it "weird" that 40th Avenue would be zoned for business as 90% of the properties are residential in use. It was the contention of the Planning and Zoning Commissioners that staff pursue the rezoning of 40th Avenue. B. Ms. Goodroad informed the Commission that the next update of the Comprehensive Plan is due December of 1998. 'i'he Metropolitan Land Planning Act requires local governments to develop comprehensive plans. The Metropolitan Council reviews the plans to determine: 1. Conformity with the Metropolitan System Plans; 2. Consistency with other adopted plans of the Council; 3. Compatibility with each other. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JULY 1, 1997 PAGE 11 She stated that communities must also review their plans for consistency between the plan and the community's ordinances, fiscal devices and other local implementation programs. No zoning ordinance, fiscal device or other official control can be passed by a local unit of 9overnment that is in conflict with the Comprehensive Plan. Ms. Goodroad stated that staff has begun some very preliminary steps at reviewing our Comprehensive Plan. Several workshops have been attended regarding the required update and the Metropolitan Council has put together a handbook for additional assistance. Staff does not expect the entire plan will require updating. However, several inconsistencies do exist between the Plan and Zoning Ordinance. She indicated that staff would like to work with a consultant on the changes/updates that may be necessary. Some funds are budgeted in 1997 and 1998 for this work. In addition, staff would also like to take a serious look at the Zonin9 Ordinance and is considerin9 budgeting for a complete update at the same time the Comprehensive Plan is reviewed. That way, all inconsistencies can be corrected and an improved ordinance can be prepared. The current Zoning Ordinance dates back to 1977 and is ineffective and outdated in numerous areas. Ms. Goodroad informed the Commission that staff has met with one consultant regarding assistanCe in updating the ordinance. It could be likely that staff may have to do much of the research and the consultant to serve as a professional advisor. This will depend upon costs. The consultant is currently reviewing both the Comprehensive Plan and Zonin9 Ordinance and more information on costs may be available in the future. She stated that Staff wants to take a serious look at both reviews not only to fulfill requirements of the law but to have updated and effective plans and ordinances to guide development in Columbia Heights. The Ordinance is of major concern due to its lack of site/design controls for business and industrial districts, outdated uses listed, (lack of uses listed such as gun shops, tatoo parlors, etc.) lack of landscaping requirements, etc. Ms. Goodroad requested support from the Planning and Zoning Commission to continue researching the costs and possibilities with both updates. Additional information would be provided and hopefully some joint meetings will be held between Planning and Zoning Commission and City Council in the near future. It was the direction of the Commission to proceed with the rewrite of the Zoning Ordinance where necessary. MOTION by Paterson, seconded by Paulson, to adjourn the meeting at 9:05 p.m. Voice Vote: All Ayes. Motion carried. Respectf,ully,~mitted,.......----~ Kathryn Pepin ~' License/Permit Clerk kp