HomeMy WebLinkAboutOctober 27, 1997 Work SessionCITY OF COLUMBIA HEIGHTS (1"')
590 40TH AVENUE N.e., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
ADMINISTRATION
Mayor
Joseph Sturdevant
councilmembers
Donald G. Jolly
Meg Jones
Gary L Peterson
Robert W. Ruettimann
City Manager
Walter R. Fehst
Notice is hereby given that an official meeting
is to be held in the
CITY OF COLUMBIA HEIGHTS
as follows:
Meeting of:
Date of Meeting:
Time of Meeting:
Location of Meeting:
Purpose of Meeting:
MAYOR, CITY COUNCIl., CITY MANAGER
MONDAY,.QCTOBER 27, !9_97
6:30/'7M.
CITY HALL CONFERENCE ROOM
WORK SESSION
Interviews of Citizens for City Commissions
6:30 p.m. Tom Ramsdell
6:45 p.m. Kenneth Stumpf
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, accommodations
will be provided to allow individuals with disabilities to participate in all City of Columbia Heights'
services, programs, and activities. Auxiliary aids for handicapped persons are available upon request
when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-
2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only)
THE CITY Of COLUMBIA HEIGHTB DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
AGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF COLUMBIA HEIGHTS
MONDAY, OCTOBER 27, 1997 7:00 PM
~ITY COIFNCIL CHAM~P, ER~: CITY HAl,L: 590 ~IflTH AYF~NI)F~ NF~
Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City
Council Secretary at 782-2800, Extension 209, to make arrangements.
1.
********************************
FIRE RELIEF ASSOCIATION
BOARD OF TRUSTEES
1) Roll Call/Call to Order
2)
3)
4)
5)
CALL TO ORDER/APPOINTMENT OF SECRETARY PRO TEM
(Commencement of Cablecasting of Regular Meeting on Television.)
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
bThe Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items
rought to the attention of the Council under the previous portion of agenda, or items submitted after the agenda preparation
deadline.)
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) Adopt M~nutes of the Regular City Council Meeting of September 22, 1997
2) Review/Adopt Snow Plowing Policy
3) Request Permission to Seek Bids for Replacement of Floor Scrubber for the Municipal Service Center
4) Request Permission to Seek Quotes for Furnace Replacement at Pump Stations//2 & #3
5) Request Permission to Seek Quotes for Playground Equipment for Prestemon Park
6) Resolution 97-60, Approving 1998 Business License Fees
7) Approve Membership Dues to the League of Minnesota Cities for 1998
8) Authorize Staff to Seek Bids for Phase II, Signal Upgrades on T.H. 65, 40th-52nd Avenues
9) ~Authorize Ac~cep~nce of a .Grant from the State of Minnesota Department of Economic Security/Workforce
ereparation ~rancn in ne Amount of $12,155
10) First Reading of Ordinance #1363, Conveying Real Estate Located at 578 38~ Avenue N.E.
11) Approve Payment of the Bills
12) Approve License Applications
RECOGNITION. PROCLAMATIONS. PRF.~ENTATIONS. GUESTS
A. Proclamation - November is Epilepsy Month in the City of Columbia Heights
PUBLIC HEARINGS
A. License Rev.o. cation/Su.s~ension Hearing ~ 3935 Tyler Street, Anthony Wilczek,
B. S~econd ~Read~mg of Ordinance #1362, Bei.ng a Zoning Request for St. Timothy s Church at 825 51*t Avenue N.E.
C. ~econd ~eading of Ordinance #1359, Aumorizing the Conveyance of Certain Real Estate Located at 4619 Pierce Street
D. Second Reading of Ordinance//1360, Authorizing the Conveyance of Certain Real Estate Located at 4625 Pierce Street
E. Second Reading of Ordinance #1361, Authorizing the Conveyance of Certain Real Estate Located at 685 46 ~A Avenue N.E.
F. Public Hearing - Resolution 97-58, Establishing Within the Central Business District Redevelopment Project Housing Tax
Increment Fi.nancing District No. 2, and Adopting the Related Tax Increment Financing Plan Therefore
G. Se_cond- Readingof Ordinance #1356, Amending the Zoning Ordinance Regarding Gun Shop Designation
ITF_3~ FOR CONSIDERATION
A. Other Resolutions/Ordinances
1) Resolution 97-57, Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects to be
Levied
2) Resolution 97-59, Resolution Authorizing the Purchase of 3913 Polk Street N.E.
B. Bid Considerations
C. Other Business
1) Request for Proposals for Comprehensive Plan Amendment Consultant Services
ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1) Minutes of the September 18, 1997, Special Charter Commission Meeting
2) Minutes of the October 16, 1997, Telecommunications Commission Meeting
3) Minutes of the October 7, 1997, Public Library Board of Trustees
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.)
ADJOURNMENT
Approval of Minutes - September 22, 1997, and October 13, 1997
Leave of Absence for John A. Fearon
Approval of Resolution No. 97-53, Being a Resolution Approving the Adoption of the new By-Laws for the Columbia Heights Fire
Deparm~ent Relief Association, Volunteer Division
Adjournment
Walter R. Fehst, City Manager
'CITY OF COLUMBIA HEIGHTS (1")
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
ADMINISTRATiON
OCTOBER 24, 1997
Mayor
Jo*el~fl Sturdcvant
Councilmembers
Donald G. Jolly
Meg Jonea
Gar), L~ Peterson
Robert E. Ruettimann
City Manager
~'alter P~ Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00
PM on Monday;~ O_~tobet27; 1997 in2tl~e 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 actMties. Auxiliary aids for handicapped persons are available upon request when the request is made
at least 96 houm in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDDf782-2806 for deaf
only)
1. CALL T0 ORDER/APPOINTMENT OF SECRETARY PRO TEM
(Commencement of Cablecasting of Regular Meeting on Television.)
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. 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.)
5. 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) Adopt Council Minutes
MOTION: Move to approve the minutes of the September 22, 1997 Regular Council
Meeting.
2) Review/Adopt Snow Plowing Policy
MOTION: Move to adopt the Columbia Heights master plan for snow plowing,
removal, and ice control.
3) Request Permission to Seek Bids for Replacement of Floor Scrubber for the
Municipal Service Center
MOTION: Move to authorize staff to seek informal quotations for the replacement
of Multi-clean floor scrubber, Equipment #313.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OF[ THE PROVISION Of SERVICES
EQUAL OPPORTUNITY EMPLOYER
AGENDA FOR OCTOBER 27, 1997,
CITY COUNCIL MEETING
Page 2
4) Request Permission to Seek Quotes for Furnace Replacement at Pump Stations
#2 & #3
MOTION: Move to authorize staff to seek informal quotations for the replacement
of natural gas furnaces, located at Pump Station #2, and Pump Station #3.
5) Request Permission to Seek Quotes for Playground Equipment for Prestemon
Park
MOTION: Move to authorize staff to seek informal quotations for the replacement
of playground equipment at Prestemon Park.
6) Resolution 97-60, Approving 1998 Business License Fees Schedule
MOTION: Move to waive the reading of Resolution No. 97-60, as there are ample
copies available to the public.
MOTION: Move to approve the Resolution 97-60, approving the 1998 License Fee
Schedule as presented.
7) Approve Membership Dues to the League of Minnesota Cities for 1998
MOTION: Move to approve the 1998 membership dues to the League of Minnesota
Cities in the amount of $9,221.
8) Authorize Staff to Seek Bids for Phase II, Signal Upgrades on T.H. 65, 40t~ - 52"d
Avenues
MOTION: Move to authorize staff to seek sealed bids for the construction of Phase
il of the signal modifications and EVP installations on T. H. 65, 40- 52"d Avenues.
9) Authorize Acceptance of a Grant from the State of Minnesota Department of
Economic Security/VVorkforce Preparation Branch in the Amount of $12,155
MOTION: Authorize the Mayor and the City Manager to accept a grant from the
State of Minnesota Department of Economic Security/VVorkforce Preparation
Branch in the amount of $12,155. This grant to be used for supplies for the graffiti
cleanup program and for salaries for civilian supervisors of this program.
10) First Reading of Ordinance #1363, Conveying Real Estate Located at 578
38th Avenue N.E.
MOTION: Move to waive the first reading of Ordinance # 1363, being an ordinance
amending Ordinance #853, City Code of 1977, there being ample copies available
to the public.
MOTION: Move to schedule the second reading of Ordinance # 1363, for November
10, 1997, at approximately 7 p.m.
11) Payment of the Bills
MOTION: Move to pay the bills as listed out of proper funds.
12) License Applications
MOTION: Move to approve the license applications as listed.
AGENDA FOR OCTOBER 27, 1997,
CYxq?/COISI'qCIL MEETING
Page 3
6. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS- None
A. Proclamation - November is Epilepsy Month in the City of Columbia Heights
7. PUBLIC HEARINGS
A. License Revocation/Suspension Hearing - 3935 Tyler Street, Anthony Wiiczek
MOTION: Move to close 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.
Second Reading of Ordinance No. 1362, Being a Zoning Request for St. Timothy's
Church at 825 51st Avenue N.E.
MOTION: Move to waive the second reading of Ordinance #1362, amending
Ordinance #853, as ample copies are available to the public.
MOTION: Move to approve Ordinance # 1362, an Ordinance Amending Ordinance
#853, City Code of 1977.
Co
Second Reading of Ordinance #1359, Authorizing the Conveyance of Certain Real
Estate Located at 4619 Pierce Street
MOTION: Move to waive the second reading of Ordinance #1359, being an
ordinance amending Ordinance #853, City Code of 1977, there being ample copies
available to the public.
MOTION: Move to approve Ordinance #1359, being an ordinance amending
Ordinance #853, City Code of 1977.
Second Reading of Ordinance #1360, Authorizing the Conveyance of Certain Real
Estate Located at 4625 Pierce Street
MOTION: Move to waive the second reading of Ordinance #1360, being an
ordinance amending Ordinance #853, City Code of 1977, there being ample copies
available to the public.
MOTION: Move to approve Ordinance #1360, being an ordinance amending
Ordinance #853, City Code of 1977.
Second Reading of Ordinance # 1361, Authorizing the Conveyance of Certain Real
Estate Located at 685 46 ~ Avenue N.E.
MOTION: Move to waive the second reading of Ordinance # 1361, being an
ordinance amending Ordinance #853, City Code of 1977, there being ample copies
available to the public.
MOTION: Move to approve Ordinance # 1361, Being an Ordinance Amending
Ordinance #853, City Code of 1977.
Public Hearing - Consider Resolution 97-58, Establishing Within the Central
Business District Redevelopment Project Housing Tax Increment Financing District
No. 2, and Adopting the Related Tax Increment Financing Plan Therefor
AGENDA FOR OCTOBER 27, 1997,
CITY COUNCIL MEETING
Page 4
MOTION: Move to waive the reading of Resolution 97-58, there being ample copies
available to the public.
MOTION: Move to approve Resolution 97-58, resolution establishing within the
Central Business District Redevelopment Project Housing Tax Increment Financing
District No. 2, and adopting the related Tax Increment Financing Plan therefor.
Second Reading of Ordinance # 1356, Amending the Zoning Ordinance Regarding
Gun Shop Designation
MOTION: Move to waive the second reading of Ordinance # 1356, an ordinance
amending Ordinance #853, as ample copies are available to the public.
MOTION: Move to approve Ordinance # 1356, an Ordinance Amending Ordinance
#853, as ample copies are available to the public.
8. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Adopt Resolution 97-57, Resolution Establishing Amount of City Share and
Amount of Special Assessments on Projects to be Levied
MOTION: Move to waive the reading of the resolution, there being ample
copies available for the public.
MOTION: Move to adopt Resolution 97-57, being a resolution establishing
amount of city share and amount of special assessments on projects to be
levied.
2)
Resolution 97-59, Resolution Authorizing the Purchase of 3913 Polk Street
N.E.
MOTION: Move to waive the reading of Resolution 97-59, there being ample
copies available to the public.
MOTION: Move to adopt Resolution 97-59, resolution authorizing the
purchase of 3913 Polk Street N.E., and furthermore, to authorize the Mayor
and City Manager to enter into an agreement for the same with all related
expenses not to exceed $35,000 to be reimbursed from Fund 299-46320-
5110.
B. Bid Considerations
Other Business
1) Request for Proposals for Comprehensive Plan Amendment Consultant
Services
MOTION: Move to authorize staff to seek proposals for planning consultant
services to update the Comprehensive Plan, re-write the Zoning Ordinance,
and provide ongoing technical services to the City of Columbia Heights.
9. ADMINISTRATIVE REPORTS
AGENDA FOR OCTOBER 27, 1997,
CITY COUlqCIL MEETrNG
Page 5
A. Report of the City Manager
B. Report of the City Attorney
10. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions 1) Minutes of the September 18, 1997, Special Charter Commission Meeting
2) Minutes of the October 16, 1997, Telecommunications Commission Meeting
3) Minutes of the October 7, 1997, Public Library Board of Trustees
11. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
(At this time, citizens have an opportunity to discuss with the Council items not on the
regular agenda. The citizen is requested to limit their comments to five minutes. Please
note, the public may address the Council regarding specific agenda items at the time the
item is being discussed.)
12. ADJOURNMENT
MOTION: Move to adjourn the Regular Council Meeting.
FIRE RELIEF ASSOCIATION
BOARD OF TRUSTEES
1)
2)
3)
4)
5)
Roll Call/Call to Order
Approval of Minutes - September 22 and October 13, 1997
MOTION: Move to approve the minutes of the September 22 and October 13, 1997,
Volunteer Relief Association meetings.
Leave of Absence for John A. Fearon
MOTION: Move to record medical leave of absence status for John A. Fearon,
Volunteer Division, effective September 1, 1997, to March 1, 1998.
Approval of Resolution No. 97-53, Being a Resolution Approving the Adoption of
the New By-Laws for the Columbia Heights Fire Department Relief Association,
Volunteer Division
MOTION: Move to waive the reading of the resolution, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 97-53, adopting new by-laws of the Columbia
Heights Fire Department Relief Association, Volunteer Division.
Adjournment
MOTION: Move to adjourn the Board of Trustees Meeting.
Walter Fehst, City Manager
cb
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
CALL TO ORDER/ROLL CALL
The Mayor called the Regular Council Meeting to order at 7:00
p.m.
Mayor Sturdevant and Councilmembers Jones, Jolty~ Ruettimann
and Peterson were present.
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
Added to Other Business was the change order #1 for Argonne
Drive watermain cleaning and lining.
There were no deletions.
CONSENT AGENDA
Items on the Consent Agenda are considered to be routine and
are acted upon by one motion. Items removed from the Consent
Agenda will be considered as the next order of business after
the Consent Agenda is approved.
A. Motion by Peterson, second by Jones to approve the Consent
Aqenda items as follows:
Adopt Council Minutes
The minutes from the August 25, 1997 Council Meeting were
distributed at this meeting. Councilmember Jones requested
this item be removed from the consent agenda.
Dedication of Funds for the Ramsdell Park Dedication Picnic
The Council approved the dedication of $300 to the Ramsdell
Park dedication picnic to be held October 8, 1997 to cover the
cost of hamburgers, hot dogs, buns and miscellaneous picnic
supplies with funding coming from Fund 45050,
Recognition/Special Events.
Resolution No. 97-48 Reqardinq Police Overtime Grant
The reading of the resolution was waived there being ample
copies available for the public.
RESOLUTION NO. 97-48
BEING A RESOLUTION ACCEPTING A COMMUNITY ORIENTED POLICING
OVERTIME GRANT FROM THE STATE OF MINNESOTA DEPARTMENT OF
PUBLIC SAFETY
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 2
WHEREAS, the Columbia Heights Police Department made
application to the State of Minnesota Department of Public
Safety for a grant for community oriented policing activities
in order to pay overtime to perform these activities; and
WHEREAS, the Columbia Heights Police Department has been
successful in obtaining this grant for the period of November
1, 1997 to November 1, 1998;
THEREFORE, BE IT RESOLVED, that the City of Columbia Heights
enter into a cooperative agreement with the Minnesota
Department of Public Safety for the project entitled Community
Oriented Policing Grant for Overtime for the period from
November 1, 1997 to November 1, 1998; and that the City
Manager and Mayor are hereby authorized to execute such
agreements and amendments as are necessary to implement the
project on behalf of the City of Columbia Heights.
Passed this 22nd day of September, 1997.
Offered by:
Seconded by:
Roll call:
Peterson
Jones
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
First Reading of Ordinance No. 1358 Being an Ordinance
Creating an Administrative Offenses and Tagging Process
A resident requested this item be removed from the Consent
Agenda.
First Reading of Ordinance No. 1357 Authorizing Conveyance of
Certain Real Estate Located a 572-38th Avenue
The reading of the ordinance was waived there being ample
copies available for the public.
ORDINANCE NO. 1357
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE
LOCATED AT 572-38TH AVENLrE NORTHEAST
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights may convey unto
Quality Checked Construction, the real property described as
follows, to wit:
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 3
That part of Lot 10 lying West of the East 23.3 feet thereof,
all of Lot 11, and the East 11.6 feet of Lot 12, all in Block
89, Columbia Heights Annex to Minneapolis, Minnesota.
Section 2: The Mayor and City Manager are herewith authorized
to execute deed to effectuate the conveyance of said real
estate subject to the terms, purchase price, and conditions
specified in the attached agreement labeled "Exhibit A."
Section 3: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading: September 22, 1997
The second reading of Ordinance No. 1357 was scheduled for
October 13, 1997 at approximately 7:00 p.m.
First Readinq of Ordinance No. 1355 Beinq a Correction to an
Ordinance Reqardinq the Sale of Certain Property.
This ordinance corrects an error made in Ordinance No. 1354
regarding the sale of 4613-15 Pierce Street. A portion of the
legal description of the property was omitted.
The reading of the ordinance was waived there being ample
copies available for the public.
ORDINANCE NO. 1355
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE
LOCATED AT 4613-15 PIERCE STREET NORTHEAST
The City of Columbia Heights does ordain:
Section !: The City of Columbia Heights may convey unto
Quality Checked Construction, the real property described as
follows, to wit:
That part of the South 60 feet of the North 180 feet of Lot
Fifteen (15), lying East of the West 95 feet thereof, also the
South 60 feet of the North 180 feet of Lot Sixteen (16) all in
Block One (1), Sheffield's Subdivision, Anoka County,
Minnesota.
Section 2: The Mayor and City Manager are herewith authorized
to execute deed to effectuate the conveyance of said real
estate subject to the terms, purchase price, and conditions
specified in the attached agreement labeled "Exhibit A".
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 4
Section 3: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading: September 22, 1997
The second reading of Ordinance No. 1355 was scheduled for
October 13, 1997 for approximately 7:00 p.m.
Audit Enqaqement Letter
The Mayor and City Manager were authorized to enter into a
contract with Tautges, Redpath & Company, Ltd. to complete the
City's audit for the years of 1997 through 2000 as outlined in
their letter of July 24, 1997.
Joint Meetinq - City Council/Park and Recreation Commission
The Council approved a joint meeting of the City Council and
the Park and Recreation Commission on Wednesday, October 22,
1997 at 7:00 p.m. in the Gauvitte Room in Murzyn Hall to
discuss the 1998 budget.
Joint Meetin~ - City Council/Library Board
Tuesday, October 7, 1997 at 8:00 p.m. was the date and time
approved by the Council for a joint meeting of the City
Council and the Library Board for the purposes of discussing
the proposed 1998 library budget.
Purchase of Security System for Murzyn Hall
Staff was authorized to purchase the security system from
United States Security, Inc. and Varda Alarm for John P.
Murzyn Hall for the price of $3,164.50.
Approval of Classification and County Sale of Certain Forfeit
Land
A member of the Council requested this item be removed from
the Consent Agenda.
CDBG Applications
Staff was requested to forward all Public Service Agency
proposals for the 1998 CDBG applications for review and
recommendation by the Human Services Commission.
Establish Joint Meetin~ with the Telecommunications Commission
A special meeting of the City Council and Telecommunications
Commission was established for Thursday, October 16, 1997 at
7:30 p.m.
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 5
Establish Dates for Work Sessions and Meetinq with School
Board/Other Municipalities
The Council established September 29, 1997 at 7:00 p.m. as a
work session to interview consulting engineering firms
regarding storm sewer improvements.
The Council established September 30, 1997 at 5:30 p.m. as a
joint meeting with School District #13 School Board and other
municipal representatives which will be held in the School
District's Board Room.
The Council scheduled Council work sessions for October 6,
1997 at 7:00 p.m. and October 20, 1997 at 7:00 p.m.
Resolution No. 97-51 Beinq a Resolution Callinq for a Public
Hearinq to Consider the Modification of Central Business
District Redevelopment Project
The reading of the resolution was waived there being ample
copies available for the public.
RESOLUTION NO. 97-51
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE
ADOPTION OF THE PROPOSED MODIFICATION TO THE REDEVELOPMENT
PROJECT, AND THE PROPOSED TAX INCREMENT FINANCING PLAN FOR
HOUSING TAX INCREMENT FINANCING DISTRICT NO. 2 THEREIN
BE IT RESOLVED, by the City Council (the "Council") for the
City of Columbia Heights, Minnesota (the "City"), as follows:
Section 1. Public Hearinq. This Council shall meet on Monday,
October 27, 1997, at approximately 7:00 p.m. to hold a public
hearing on the proposed adoption of the Modification to the
Redevelopment Plan for the Central Business District
Redevelopment Project, the proposed establishment of Housing
Tax Increment Financing District No. 2, (a housing district),
and the proposed adoption of a Tax Increment Financing Plan
therefor, all pursuant to and accordance with Minnesota
Statutes, Sections 469.090 through 469-1081, inclusive, as
amended, and Minnesota Statutes, Sections 469.174 through
469.179, inclusive, as amended in an effort to encourage the
development and redevelopment of certain designated areas
within the City; and
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 6
Section 2. Notice of Public Hearinq, Filinq of Plans. City
staff is authorized and directed to work with Ehlers and
Associates, Inc., to prepare the Modification to the
Redevelopment Plan and the Tax Increment Financing Plan (the
"Plans") and to forward documents to the appropriate taxing
jurisdictions including Anoka County and Independent School
District No. t3. The City Clerk-Treasurer is authorized and
directed to cause notice of the hearing together with an
appropriate map as required by law, to be published at least
once in the official newspaper of the City not later than t0,
nor more than 30 days prior to October 27, 1997, and to place
a copy of the Plans on file in the City Clerk-Treasurer's
office at City Hall and to make such copy available for
inspection by the public.
Adopted by the City Council of Columbia Heights this 22nd day
of September, 1997.
Offered by:
Seconded by:
Roll call:
Peterson
Jones
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Establish Hearinq Date for License Revocation for a Rental
Property
The Council established a hearing date of October 27, 1997 for
revocation or suspension of a license to operate a rental
property within the City of Columbia Heights against the
property owner Anthony Wilczek for rental property located at
3935 Tyler Street Northeast.
Close Hearinq on Rental License Revocation
The Council closed the public hearing regarding the revocation
or suspension of the rental license held by Kurt Lowenthal
regarding rental property at 1206 and 1407 Circle Terrace in
that the provisions of the Housing Maintenance Code have been
complied with.
Establish Date for Special Assessment Levy Hearinq
The Council established Monday, November 17, 1997 at 7:00 p.m.
as the Public Special Assessment Levy Hearing to be held in
the City Council Chambers.
Approval of License Applications
The Council approved the license applications as listed.
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 7
ADDroval of Payment of Bills
The Council approved the payment of bills as listed out of
proper funds.
Fireworks DisDla¥
The Council approved the expenditure of up to $3,500 for a
fireworks display on Friday, October 3, 1997 from the Heights
Pride/Council Contingency Fund, and furthermore, these
fireworks will be held contingent upon agreement and approval
by School District #13.
Roll call on Consent Agenda: Ail ayes
ITEMS REMOVED FROM CONSENT AGENDA
Adoption of Council Minutes
No action was taken on the minutes of the August 25, 1997
Regular Council Meeting. Councilmember Jones noted they had
only been received at this meeting tonight and she felt they
should be read by the Council before they were approved.
First Readinq of Ordinance No. 1358 Beinq an Ordinance
Creatin~ an Administrative Offenses and Taq~inq Process for
the City
This item' was removed by a resident who was at the Council
Meeting. He was opposed to the ordinance. His comments
reflected he did not understand its intent. The Chief of
Police explained the intent of the ordinance.
Motion by Sturdevant, second by Peterson to waive the reading
of the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1358
BEING AN ORDINANCE CREATING A NEW SECTION 8, CHAPTER 3,
OF THE COLUMBIA HEIGHTS CITY CODE WHICH CREATES THE LOCAL
ENFORCEMENT OF ADMINISTRATIVE (CODE) OFFENSES
The City of Columbia Heights does ordain:
ADMINISTRATIVE OFFENSES
Subd. 1 DEFINITIONS: An administrative offense is a violation
of any section of this code when one performs an act
prohibited or fails to act when such failure is thereby
prohibited and is subject to the penalties set forth in this
code and attached schedule.
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 8
Any person violating a section of this code shall be subject
to the scheduled penalty, not to exceed $100 for each offense.
Subd. 2 NOTICE: Any member of the Police Department and/or any
person employed by the City with authority to enforce this
code shall, upon determining that there has been a violation,
notify the violator, or person responsible for the violation,
or in the case of a vehicular violation by attaching to said
vehicle notice of the violation, said notice setting forth the
nature, date, time of the violation, the name of the official
issuing the notice and the amount of the scheduled initial
penalty, and where applicable, any charges relating thereto.
Subd. 3 PAYMENT: Once such notice is given, the person
responsible for the violation shall, within seven (7) days of
the time of issuance of the notice, pay full satisfaction of
the stated violation scheduled to the City Finance Department.
The penalty may be paid in person or by mail and payment shall
be admission of the violation.
Subd. 4 FAILURE TO PAY: If a violator fails to pay the penalty
imposed by this section, the matter may be processed as a code
violation through the Anoka County Court system.
Subd. 5. DISPOSITION OF PENALTIES: Ail penalties collected
shall be paid over to the City Finance Department. The Finance
Director or his designee may receive negotiable instruments in
payment of penalties as a conditional payment and shall not be
held accountable therefor. Receipt shall be issued for cash
payment.
Subd. 6. POWERS AND DUTIES OF FINANCE DIRECTOR: In addition to
all other duties set forth in the code, the Finance Director
may delegate and supervise the work of City employees
implementing and administering this chapter. The Finance
Director shall make and have custody of all records necessary
and shall keep proper accounts of the proceeds received.
Subd. 7. SCHEDULED PENALTIES: Penalties shall be imposed for
violation of the scheduled administrative offenses according
to a schedule duly established and adopted from time to time
by Resolution of the City Council.
This ordinance shall be in full force and effect from and
after thirty (30) days after its passage.
Motion by Sturdevant, second by Peterson to schedule the
second reading of Ordinance No. 1358 for Monday, October 13,
1997 at approximately 7:00 p.m. Roll call: All ayes
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 9
ADproval of Classification & County Sale of Certain Forfeit
Land
This item was removed by Councilmember Jolly who had questions
regarding any cost which may be incurred by the City
associated with this property.
Motion by Jolly, second by Jones to remove this item from the
agenda and table for additional information. Roll call: All
ayes
5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS
A. Introduction of Newly-Hired/Promoted EmDloyee~
The following newly-hired or
introduced by their supervisors:
promoted employees were
Dale Sorensen, Police Officer, Jennifer Bergman, Housing
Coordinator, Julie Wesley, FSS Coordinator and Mel Collova
Building Official '
B. Proclamation
The Mayor read a proclamation designating October as Polish-
American Heritage Month. He presented it to Bernie Szymczak
who co-chairs the Sister Cities Commission.
C. C.H.A.S.E. PresentatioD
Representatives of the C.H.A.S.E. Program reviewed the history
of the Program and advised of its future plans.
D. Women of Today Week - SeDtember 22-28, 1997
The Columbia Heights Women of 'Today is observing the week of
September 22-28, 1997 to recognize the organization's efforts.
6. PUBLIC HEARINGS
There were no public hearings.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolution~
a) First Readinq of Ordinance No.1349 Amendinq ChaDter 3
Section 17 of the City Charter '
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 10
Motion by Ruettimann, second by Peterson to waive the reading
of the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1349
BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 17 OF THE
CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO RULES
AND
PROCEDURE AND QUORUM
The City of Columbia Heights does ordain:
Section 1: Chapter 3, Section 17, of the Charter of the City
of Columbia Heights which currently reads as follows, to wit:
RULES AND PROCEDURE AND QUORUM. The Council shall determine
its own rules and order of business, and shall keep a leqible
written journal and audiotapes of its proceedings. Such
journal shall be kept of all public meetinqs of the Council
and any body on which a majority of the members of the Council
serve. A majority of all members elected shall constitute a
quorum to do business, but a less number may adjourn from time
to time. The Council shall provide by ordinance a means by
which a majority may compel the attendance of absent members.
Executive sessions of the Council shall keep such records as
required by state statute. Each board and commission appointed
by the Council shall also keep a journal of its proceedinqs.
Section 2: This ordinance shall be in full force and effect
from and after ninety (90) days after its passage.
First Reading:
September 22, 1997
Motion by Ruettimann, second by Peterson to schedule the
second reading of Ordinance No. 1349 for Monday, October 13,
1997 at approximately, 7:00 p.m. Roll call: All ayes
The President of the Charter Commission requested the
following three recommendations from the Charter Commission be
included in the minutes of this meeting: 1) That the City
Council ensure that meeting minutes reflect the flavor of the
meeting.2) That minutes be published in complete form and not
condensed. 3) That minutes be made available at the City
library as well as at City Hall.
There was some discussion regarding the definition of
"flavor." A copy of all approved Council Meeting minutes are
available for the public at the Library.
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 11
2) Resolution No. 97-49 Beinq a Resolution Authorizinq
Execution of Sub-Grant A~reement
Councilmember Ruettimann requested the addition of Arthur
Street to Cleveland Street, 41st to 42nd Avenues to the list
of problem/damage sites.
Motion by Ruettimann, second by Jones to waive the reading of
the resolution there being ample copies avaiable for the
public. Roll call: All ayes
RESOLUTION NO. 97-49
BEING A RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT
AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE
PROGRAM
WHEREAS, the City of Columbia Heights suffered damages due to
the storms from June 28 to July 27, 1997, and
WHEREAS, the City would like to participate in the Federal
Assistance under the Infrastructure Program as provided by the
Federal Emergency Management Act,
NOW, THEREFORE BE IT RESOLVED THAT, the City of Columbia
Heights enter into a Sub-grant Agreement with the Division of
Emergency Management in the Minnesota Department of Public
Safety for the program entitled Infrastructure Program for
FEMA l187-DR-MINNESOTA.
BE IT FURTHER RESOLVED THAT Walter Fehst, City Manager, is
hereby authorized to execute and sign such Sub-grant
Agreements and amendments as are necessary to implement the
project on behalf of the City of Columbia Heights.
Dated this 22nd day of September, 1997.
Offered by:
Seconded by:
Roll call:
Ruettimann
Jones
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 12
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I hereby certify that the foregoing resolution is a true and
correct copy of a resolution presented to and adopted by the
City Council of Columbia Heights at a meeting thereof held in
the City of Columbia Heights, Minnesota, on the 22nd day of
September, 1997, as disclosed by the records of said City in
my possession.
Jo-Anne Student
Deputy City Clerk
3) Resolution No. 97-50 Authorizinq A~reement with Mn/DOT
Motion by Peterson, second by Sturdevant to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 97-50
AUTHORIZING AN AGREEMENT WITH MINNESOTA DEPARTMENT OF
TRANSPORTATION TO INSTALL EMERGENCY VEHICLE PRE-EMPTION AND
RED LED SIGNAL INDICATIONS AT TRAFFIC CONTROL SIGNALS ON
T.H. 47 FROM 37TH AVENUE TO 49TH AVENUE
AND ON T.H. 65 FROM 37TH AVENUE
WHEREAS, the City of Columbia Heights is installing emergency
vehicle pre-emption and red LED signal indications at traffic
control signals on T.H. 47 from 37th Avenue to 49th Avenue and
on T.H. 65 at 37th Avenue, and
WHEREAS, Minnesota Department of Transportation Agreement No.
76694 stipulates the requirements for said installation,
NOW, THEREFORE, BE IT RESOLVED THAT, the City of Columbia
Heights enter into an agreement with the State of Minnesota,
Department of Transportation for the following purposes, to
wit:
To install emergency vehicle pre-emption and red LED
signal indications at the existing traffic control
signals on Trunk Highway No. 47 (University Avenue) at
County State Aid Highway No. 4 (49th Avenue Northeast) -
County Road 104 (49th Avenue Northeast), at 44th Avenue
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 13
Northeast, at County State Aid Highway No. 2 (40th Avenue
Northeast), and at 37th Avenue Northeast, and on Trunk Highway
No. 65 (Central Avenue) at 37th Avenue Northeast - 37th Avenue
Northeast/Reservoir Boulevard in accordance with the terms and
conditions set forth and contained in Agreement No. 76694, a
copy of which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers be and
hereby are authorized to execute such agreement, and thereby
assume for and on behalf of the City all of the contractual
obligations contained herein.
Dated this 22nd day of September, 1997.
Offered by:
Seconded by:
Roll call:
Peterson
Sturdevant
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
4) Resolution No. 97-52 Approvinq the Adoption of the New By-
Laws for the Columbia Heiqhts Fire Department
The Finance Director reviewed
recommended in the resolution.
the new by-laws being
Councilmember Ruettimann felt additional information and
discussion'was necessary before any action could be taken on
this issue.
Motion by Ruettimann, second by Jolly to table this matter
until a Council work session. Roll call: All ayes
Councilmember Ruettimann requested that legal counsel Krista
Boston be in attendance at the work session.
B. Bid Considerations
1) Award of Bid for Storm Sewer Replacement
Motion by Jones, second by Jolly to award the storm sewer
replacement at LaBelle Park, LaBelte Pond to 42nd Avenue
Northeast, Municipal Project #9716, to Penn Contracting, Inc.
of Blaine, Minnesota, based upon their low, qualified
responsible bid in the amount of $23,177.00 with funds to be
appropriated from Fund 652-49499-5130; and furthermore, to
authorize the Mayor and City Manager to enter into an
agreement for the same. Roll call: Ail ayes
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 14
C. Other Business
1) ApDeal of Planninq and Zoninq Commission
Property owner Gerry Herringer is appealing a Planning and
Zoning Commission denial to allow the use of a vacant Foto-Mat
building located at 2107 37th Avenue.
This structure is located on the same lot as the Apache Chief
Movie Theaters.
The EDA Director reviewed the history of the building, its
non-conformity and the length of time it has been vacant.
Mr. Herringer felt the building could still have some
productive use. He suggested if there were no businesses
interested in using it that perhaps some civic group could use
it.
Councilmember Ruettimann requested staff to pursue information
regarding what organizations and/or businesses could qualify
to use the building.
Motion by Peterson, second by Sturdevant to allow one year
from today (September 22, 1998) to establish an allowable
business at this site and if nothing has transpired at the
site by then that the building be removed voluntarily. Roll
call: All ayes
2) Additional MIS Position
This issue had been discussed at a Council work session.
Originally, it had been understood the position had not been
included in the 1998 budget. The Finance Director advised it
was included in the 1998 budget but that the three months of
1997 in which it would be in place were not included in the
1997 budget.
He reviewed the scenario of how it will be funded and what
duties will be undertaken by various staff people in the
Finance Department.
Motion by Peterson, second by Jolly to authorize the creation
of a second MIS Coordinator position and to authorize the
filling of this position by October 1, 1997. Roll call: Jones,
Jolly, Peterson, Sturdevant - aye Ruettimann - nay
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 15
3) Chanqe Order for 44th Avenue, Project 9412
Motion by Jones, second by Jolly to authorize Changer Order
No. 4 in the amount of $1,570.00 to Ron Kassa Construction.
Roll call: All ayes
4) Chanqe Order #1 for ArHonne Drive Water Main CleaninH and
LininH
Motion by Sturdevant, second by Jones to authorize Change
Order #1 for Argonne Drive water main cleaning and lining to
HERC Products, Inc. for a total of $8,385 with funds to be
appropriated from 651-49449-5130. Roll call: Ail ayes
8. ADMINISTRATIVE REPORTS
A. Report of the City ManaHer
The City Manager had nothing to report at this time.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
Councilmember Jolly inquired of the Assistant City Engineer as
to the progress of landscaping at the water tower site. She
responded that the money has been received for this project
and it will be referred to the Public Works Supervisor.
Councilmember Jolly requested information regarding a house
which was supposed to be moved from Pierce Street. The EDA
Director advised the house will be relocated to LeCenter in
the near future.
Councilmember Ruettimann had some comments regarding an
article in the recent League of Minnesota Cities about taxes
in municipalities. He noted that percentages were used.
9. GENERAL COUNCIL COMMUNICATIONS
Minutes from the following meetings were included in the
agenda packet:
September 2, 1997 Planning and Zoning Commission meeting
August 4, 1997 Economic Development Authority meeting
August 19, 1997 Economic Development Authority meeting
August 21, 1997 Telecommunications Commission meeting
REGULAR COUNCIL MEETING
SEPTEMBER 22, 1997
PAGE 16
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
A resident suggested there be additional curb cuts for senior
citizens and the disabled.
11. ADJOLrRAIMENT
Motion by Ruettimann, second by Jones to adjourn the Council
meeting at 8:50 p.m. Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
CITY COUNCIL LETTER
Meeting of: 10/27/97
AGENDA SECTION: CON $ENT ORIGINATING DEPARTMENT: CITY MANAGER
ITEM: SNOW PLOWING POLICY BY: IC Young '~' BY:
I TEt4 NO.: 5 A. 2) DATE: 10/21/97,o DATE!~/~ ~//~ 7"
Background:
The snow plow policy was updated last year. Several changes were made in the assignment of plow routes to
make better use of new equipment. The policy works well and it is strongly recommended that every city
have a snow plowing policy that is reviewed and approved by the City Council on a yearly basis.
Analysis/Conclusions:
The new sidewalk on the north side of 44th Ave. fi.om Central to McLeod has been added to the snow policy.
RECOMMENDED MOTION: Move to adopt the Columbia Heights Master Plan for Snow Plowing,
Removal and Ice Control.
KKY:jb
97-602
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 10/27/97
AGENDA SECTION: C 0 N $ E N T ORIGINATING DEPARTMENT: CITY MANAGER
NO: 5 PUBLIC WORKS
ITEM: REPLACEMENT OF MULTI-CLEAN FLOOR BY: K. Young ~/'~J~'DAE ~BY~?'~'~' '~d~
SCRUBBER, EQUIPMENT#313 5 A. :l~ DATE: 10/21/97 xa : /~,~.~:?~ -)
Background:
The floor scrubber was purchased in November of 1985 for $4,775. It has a projected service life of 10 years.
This machine is used to scrub the main floor of the Municipal Service Center Garage. It is very important to
keep this floor as clean as possible to minimize structural damage. The entire garage floor is cleaned at least
once a month in the summer and twice a month in the winter if weather conditions permit.
Analysis/Conclusions:
This unit has been pushed back on the equipment replacement budget for the last two years. The amount
budgeted for replacement is $10,880 from fund 434-49950- 5180.
Current condition of equipment: Rusting out in areas where replacement parts are not available.
RECOMMENDED MOTION: Move to authorize staff.to seek informal quotations for the replacement of
Multi-clean Floor Scrubber, Equipment #313.
KKY.'jb
97-603
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 10/27/97
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
NO: .5 PUBLIC WORKS
STATION #2 AND PUM~ STATION #3 ~. A./~) DATE: 10/21/97-- DATE: /f?,-A ¢/q 7
Background:
These furnaces are ceiling mounted, Reznor natural gas furnaces that have been in operation for about twenty
years. Pump station #2 furnace is rated at 40,000 btu. Pump station #3 furnace is rated at 125,000 btu.
These units are not part of the Honeywell maintenance or replacement contract.
Analysis/Conclusions:
These furnaces must be reliable as they protect the water distribution system pumps from damage caused by
freezing conditions. The amount budgeted for replacement is $3,000 from fund 651-49449-5120.
RECOMMENDED MOTION: Move to authorize staffto seek informal quotations for the replacement of
natural gas furnaces, located at Pump Station #2 and Pump Station #3.
KKY:jb
97-605
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 10/27/97
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
NO: 5 PUBLIC WORKS
ITEM: REPLACEMENT OF PLAYGROUND BY: K. Young ~ BY: ~/~~
EQUIPMENT AT PRESTEMON PARK DATE: 10/21/97 DATE:/,.o~.~
5. A. 5)
Background:
In 1997, funds were budgeted to purchase playground equipment for Sullivan Park and Prestemon Park. The
amount budgeted for Sullivan Park is $6,000 from account #412-45200-5180. The amount budgeted for
Prestemon Park is $15,000 from account #412-45200-5180.
Over the past several years the city has purchased playground equipment in the Fall and installed it the
following Spring. This system has worked well.
Analysis/Conclusions:
With all of the development that is planned in the Sullivan Park neighborhood in the near future, staff
recommends that the money that was allocated for playground equipment replacement at Sullivan Park be
combined with the money that was designated for replacement o£playground equipment at Prestemon Park.
The combined sum would be spent on replacement playground equipment for Prestemon Park.
Sullivan Park playground replacement would be postponed until the surrounding area has been developed and
we can determine what type of play structure would best serve that neighborhood.
The picnic area at Sullivan also needs some major repairs.
RECOMMENDED MOTION: Move to authorize staff to seek informal quotations for the replacement of
playground equipment at Prestemon Park.
KKY:jb
97-604
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: October 27, 1997
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: ~ CONSENT License Department APPROVAL
ITEM: ~ susln~ss License Fees BY: Kathryn Pepin BY '
NO: ~ A. 6) DATE: October 23, 1997
Attached is the proposed business license fees for the 1998 license year and a
resolution for the same.
This license fee list incorporates only one change for 1998 The fees for Cigarette
Sales has been increased from the 1997 fee of $30.00 to $5~.00 for 1998 because of
the increase costs of the review~record check of all applicants now done by the
Police Department and the costs of the compliance checks.
RECOMMENDED MOTION:
Move to waive the reading of Resolution No. 97- 60, as there are ample copies
available to the public.
RECOMMENDED MOTION:
Move to approve the Resolution ~97-60 approving the 1998 License Fee Schedule as
presented.
COUNCIL'ACTION:
licfees.sch
RESOLUTION NO. 97~o
ADOPTING 1998 BUSINESS LICENSE FEES
WHEREAS:
Ordinance No. 853, City Code of 1977, pertaining to commercial licensing
regulations provides for the establishing of annual license fees; and
WHEREAS:
The City has participated in a survey of metropolitan municipalities regarding
business license fees charged by other communities; and
WHEREAS:
The City is attempting to maintain business licenses which are comparable;
and
WHEREAS: The City annually reviews its business license fee schedule;
NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective
January 1, 1998.
Passed this
Offered by:
Seconded by:
Roll Call:
day of , 1997.
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
1998 LICENSE FEES
Effective January 1, 1998 through December 31, 1998.
CATEGORY
Arcades* ((;5,000 Bond/(;lO0 Inv. Fee)(PD)
Beer Sales (PD, BI, FI)
On Sale* ((;150 Inv. Fee 1st time appl.)
Off Sale* ((;150 Inv. Fee 1st time appl.)
"Club" Beer ((;150 Inv. Fee 1st time appl.)
Single Event Club Beer (per day basis)
((;500 Appl. Fee & (;500 Clean-up deposit)
Carnivals ((;500 deposit & insurance) (PD)
Christmas Tree Sales (FI) (P&Z Corem)
((;200 Clean-up Deposit)
Cigarettes (S&H)
Contractors (Bond and Insurance)
General (if not licensed by State)
Blacktop
Excavator
Masonry/Concrete
Moving
Demolition
Plaster/Stucco
Heating/Cooling
Gas Piping
Plumbing
Sign Installation
Courtesy Benches (lnsurance)(Eng. Dept.)
Games Of Skill (PD)
Garbage/Rubbish Haulers (Insurance)(S&H)
Gasoline Stations* (FI)
First Metering Device
Each Add'l. Metering Device
L.P. Gas Per Metering Device
FEES
(;500
(;350
(;100
(;100
(;100
(;50
(;50
(;4O
(;4O
(;4O
(;4O
(;4O
(;4O
(;4O
(;4O
(;4O
(;4O
(;4O
(;4O
(;25/each
(;50
(;50
(;50
(;50
ARTICLE
IV
V
Il
VI
IV
V
II
SECTION
2
1
6
4
5
8
Gun Shop* (PO) (;100 il 2
Page 2
CATEGORY
Junk Dealer (81,000 Bond) (PO)
Liquor Sales (PD, FI, BI)
"Club Liquor" (Bond & Insurance)
On Sale Liquor (Bond & Insurance)
(Inv. Fee 8500-810,000)
On Sale Limited Liquor (Same as On Sale)
On Sale Wine (Inv. Fee 8250-82000)
Sunday Liquor Sales
Sunday Wine Sales
Sunday Club Sales
Massage Therapist Business (PD,ZA)
(8100 Investigation Fee)
Massage Therapy, Individual (PD, ZA)
(8100 Investigation Fee)
Motor Vehicle Sales* (New & Used) (PD)
Multiple Dwellings (FI,BI)
First 3-4 Units
Each Additional Unit Over 4
Re-Inspection Fee for Code Compliance
Pawnbroker (85,000 Bond/8100 Inv. Fee) (PD)
Pet Shop* (PD)
Pool/Billiard Hall (8100 Inv. Fee) (PD)
Popcorn, Candy, Ice Cream Vehicles (PD)
(Insurance - Public & Vehicle Liability)
Precious Metal Dealers (85,000 Bond)(PD)
(8100 Investigation Fee)
New Applicant
Renewal
Rental Housing Licenses
Single Family & Duplex (Per Unit Basis)
Re-Inspection Fee
Secondhand Merchant Business (81000 Bond)(PD,Fl,BI)
ExhibitionlConventionlShows/Expositions (85,000 Bond)
First Day
Each Additional Day
FEES
8100
8300
86,300
85,400
82,000
8200
8200
8200
8500
8100
8200
840
850
811,700
850
8100
850
8300
8200
815
840
850
~50
ARTICLE
11
V
V
V
V
V
V
V
II
VI
II
VI
IV
VI
VI
VI
SECTION
2
3
5
6
7
8
12
12
5
9
2
6
4
4
Page 3
CATEGORY
Sexually Oriented Business (PD,FI,ZA,AC)
(Investigation Fee 8500-810,000)
Taxicab Driver (PD)
Taxicab Vehicle (PD)
Transient Merchant/Solicitor (PD) A. Itinerant Hawker/Peddler
B. Transient Merchant
C. Itinerant Solicitor/Canvasser
FEES ARTICLE SECTION
8500 V 6
820 VI
875 VI
II
~50/day; ~lO0/mo.; ~500/yr.
~50/day; (;lO0/mo.; ~5001yr.
~50/day; 8100/mo.; ~500/yr.
Tree Removal & Treatment (Ins.) (PWD) 850 VI
Truck & Trailer Rental (ZA) VI
A. New Application
B. Renewal Application 850
3
3
3
10
4
LICENSES APPLIED FOR AFTER JUNE 30 OF THE LICENSE YEAR WOULD PAY HALF (1/2) OF THE ORIGINAL LICENSE FEE FOR
THOSE INDICATED BY AN (*) ASTERICK.
PD
BI
S&H
ZA
LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES
1 - 15 DAYS LATE
16-30 DAYS LATE
OVER 30 DAYS LATE
25% PENALTY OVER ORIGINAL FEE
50% PENALTY OVER ORIGINAL FEE
LEGAL PROCEDURES BEGUN.
DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE
Police Department
Building Inspector
Safety and Health Inspector
Zoning Authority
FI
PWD
CF
AC
Fire Department
Public Works Department
City Forestor
Anoka County
All New Licenses Must Have Zoninq Authority Approval.
CITY COUNCIL LETTER
Meeting of: October 27, 1997
AGENDA SECTION: CONSSNI ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: 5. CITY MANAGER ' S APPROVAL
ITEM: AUTHORIZATION TO PAY DUES TO THE BY: WALT FEHST
BY-
LEAGUE OF MINNESOTA FOR THE NEXT DATE: 10-23-97 DATE:
NO: 5A. 7)
Attached is a statement from the League of Minnesota Cities seeking payment of the City's
1997-1998 membership dues. You will note that the amount billed is $9,221. This figure is
calculated on the basis of the City's popular|on of 18,683.
As in the past, memberships in organizations such as the League of Cities have been acted upon
by the City Council. Adequate funding has been included in the 1998 budget to cover the cost
of our continued membership dues. As a point of reference, the dues for past years were as
follows:
1996-1997:$9,040
1995-1996:$8,939
1994-1995: $8,724
1993-1994: $8,746
1992-1993:$8,670
1991-1992: $8,690
1990-1991:$9,123
RECOMMENDED MOTION: Move to approve the continued membership with the League of Minnesota
Cities and authorize the annual payment of $9,221.
COUNCIL ACTION:
145 University Avenue West, St. Paul, MN 55103-2044
Phone: (612) 281-1200 ° (800) 925-1122
Fax: (612) 281-1299 ° TDD (612) 281-1290
October 6, 1997
TO:
FROM:
SUBJECT:
Managers, Administrators, Clerks
League of Minnesota Cities Fiscal Year 1997-98 Membership Dues
It is time once again to review or begin your membership with the League of Minnesota Cities.
The Board of Directors recently approved a 2% dues increase, effective September 1, 1997.
Although the League's members had authorized up to a 3% increase, the Board felt it important
to keep any dues increase below the limit created by levy limits which now affect many cities.
The Board has also decided to carefully review its current fund balance policy to determine if it
is now sufficient to permit creation of a reserve for unanticipated projects, such as the right of
way initiative, which otherw4se may necessitate an extraordinary dues increase or a special
assessment.
As a member of the League, your city helps to achieve the League's mission: Cities promoting
excellence in governance, management and services to citizens. Your city also plays an
important role in guiding the League's strategic initiatives, like our recent initiative to preserve
municipal authority to manage local public rights of way. As a member, your city also receives
important benefits, such as advocacy, education, information, products and services, insurance
and consultation. These important League benefits are detailed in the enclosed brochure.
On behalf of the Board and staff, thank you for your continued support of the League. Don't
hesitate to call us when we can be of service!
Enc.
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
- League of Minnesota Cities
145 University Avenue West
Saint Paul, Minnesota 55103-2044
City:
COLUMBIA HEIGHTS Population: 18,683
League of Minnesota Cities
Cities promoting excellence in governance, management
and services to citizens
Dues Invoice
Effective during 1997-98
CITIES WITH POPULATION OF:
249 OR LESS ............................................................................................................................ $228
250-4,999 .......................................................................... $79 PLUS 60.47 CENTS PER CAPlTA
5,000-9,999 .................................................................... $631 PLUS 49.39 CENTS PER CAPITA
10,000-19,999 ............................................................. $1,365 PLUS 42.05 CENTS PER CAPITA
20,000-49,999 ............................................................. $4,668 PLUS 25.55 CENTS PER CAPITA
50,000-299,999 ........................................................... $13,819 PLUS 7.25 CENTS PER CAPITA
300,000 AND OVER .................................................. $23,294 PLUS 4.10 CENTS PER CAPITA
(This schedule adopted dune 73, 7996. Total rounded to nearest dollar.)
For membership dues in the League of Minnesota Cities for the year begionlng September 1, 1997.
Annum dues for membership in the League of Minnesota Cities includes subscription at $20 each to
~ Pursuant to the disclosure requirements of Minnesota Statutes 1996, Section 6.76, the proportionate mount
of 1997/98 dues spent for lobbying purposes Is 12_3%.
Payment from Public Funds Authorized by Mtnn. Stnt~, Se~
I dcclare under the penMties of law that the foregoing account Is just nnd correct and that no part of it has been
pMd.
Executive Director, League of Minnmom Cities
Annum dues for membership in the League of Minnesota Cities include subscriptions to .4//n~ota ~ magazine
at $20 per subscription, according to the following schedule:
Popuhtion group Number of subscriptions
249 or less 6
250 - 4,999 11
5,000 - 9,999 15
10,000- 19,999 20
20,000 - 49,999 25
50,000 ~ 299,999 30
300,000 or more 35
For further information on subscriptions contact Jodi Contreras at the League office, (612) 215-4030.
CITY COUNCIL LETTER
Meeting of: .! 0/27/97
AGENDA SECTION: C ON $ E NT
ORIGINATING DEPARTMENT: CITY MANAGER
NO: 5 PUBLIC WORKS
ITEM: AUTHORIZATION TO SEEK BIDS FOR PHASE II BY: K. Young BY:
SIGNAL UPGRADES T.H. 65, 40TM- 52m) AVENUES DATE: 10/21/97 DATE: /~O ~9-~/?
5^. 8)
Background:
The plans and specifications for Phase II (Central Avenue) of the traffic signal modifications and EVP
installations are nearing completion.
Analysis/Conclusions:
Phase II involves providing protected/permissive left turn lanes at 40th Avenue and 49th Avenue, as well as
minor modifications at each of the other intersections. EVP and red LED bulbs will be installed at each
intersection.
Mn/DOT is in the process of preparing an agreement for the work.
The funding sources are Mn/DOT special project, Mn/DOT and Columbia Heights cooperative agreement,
M. S.A.S. off-systems, and M. S.A.S. construction.
Recommended Motion: Move to authorize staff.to seek sealed bids for the construction of Phase II of the
signal modifications and EVP installations on T.H. 65, 40th - 52nd Avenues.
KKY:jb
97-606
COUNCIL ACTION:
I
AGENDA SECTION: Consent I
NO. ~ 5
I
ITEM: Accept State Grant for Graffiti Clean_up
I
CITY COUNCIL LETTER
ORIGINATING DEPARTMENT
POLICE
BY: Thomas M. Johnso~-,~'
DATE: October 21, 1997
Meefin~ of October 27, 1997
APPROVAL: ~ ?,~
DATE: 7 II
BACKGROUND: The Columbia Heights Police Department has been successful in securing a grant
through the State of Minnesota Department of Economic Security/Workforce Preparation Branch. This
grant will give us funds to purchase materials such as paint, brushes, paint removal material, work crew
supervisor pay, and other supplies for our graffiti cleanup program. The grant is for $12,155. The grant
breaks down as follows: $6,000 for consumable materials and $6,155 for salaries and fringe benefits of
civilian work crew supervisors. During the past year the department has been purchasing supplies and
using community oriented policing officers to supervise this cleanup out of our department budget.
EVALUATION/CONCLUSION: This grant will allow us to continue a program that has worked very
well for the city and the department. Individuals caught doing vandalism and/or graffiti, or who have
community service time to serve, or through the local schools have detention time to serve, use this
program to pay their debt to society. The city benefits by having graffiti-free buildings and a clean,
appealing community. We plan to extend this program to include raking leaves in the fall for the elderly
or disabled, and shoveling snow in the winter for the same. There is no dollar match for the city, and the
$12,155 will go a long way towards keeping us in supplies and supervisors. This work is normally
performed on Thursday evenings and on Saturday in four-hour blocks. The community oriented police
officers will be in charge of the program.
This program will only serve the communities of Columbia Heights and Hilltop. It is separate from any
combined programs we have had with the city of Fridley. In the past, we have used employees of the
Safety Net program to supervise the graffiti cleanup program. Unfortunately, we found these workers
to be unreliable in the sense of showing up and unavailable for Saturday work. By having our own part-
time supervisors, we will be able to control the hours of work and days they will be available. We will also
save the cost of having a police officer supervising this work.
RECOMMENDED MOTION: Authorize the Mayor and the City Manager to accept a grant from the
State of Minnesota Department of Economic Security/Workforce Preparation Branch in the amount of
$12,155. This grant to be used for supplies for the graffiti cleanup program and for salaries for civilian
supervisors of this program.
TMJ:mld
97-447cl
Attachment
COUNCIL ACTION:
FY VENDOR NUMBER FUND AGENCY ORG. SUB ORG. DOCUMENTNUMBER(S.)
97 B21 0000
APPROP OBJ GRANT/SESA ID No. CFDA # AMOUNT
2977 90268 16.540 $ 12,155
STATE OF MINNESOTA
DEPARTMENT OF ECONOMIC SECURITY/WORKFORCE PREPARATION BRANCH
Funding Source: Juvenile Justice (ILLECP)
Grant / SESA ID Number:.
90268
This grant agreement, which shall be interpreted pursuant to the laws of the State of Minnesota, between the State
of Minnesota, acting through its Department of Economic Security (DES), Workforce Preparation Branch (WPB),
(hereinafter the DEPARTMENT), and
Columbia Heights Police Department
559 Mill Street NE
Columbia Heights, MN 55421
Social Security or Federal Identification Number:
Minnesota State Tax Identification Number:
(Hereinafter GRANTEE)
WITNESSETH:
WHEREAS, the Juvenile Justice and Delinquency Prevention Act of 1974, Public Law 93-415, as amended,
hereinafter referred to as the Act, was enacted for the purpose of preventing juvenile delinquency and improving the
methods of administration of juvenile justicel and
WHEREAS, the DEPARTMENT has been granted funds by the United States, through the Department of Justice,
for use to meet the purposes of the Act, and
WHEREAS, GRANTEE has made application to the DEPARTMENT for a portion of such funds for the purpose of
conducting a project consistent with the purposes of the Act, and
WHEREAS, GRANTEE has represented to the DEPARTMENT that it has effectively delivered services of the type
called for under the Act, and GRANTEE further represents that it is qualified and willing to perform the services
enumerated in Paragraph I of this Agreement.
NOW, THEREFORE, in consideration of the premises and of the representations made therein, the parties agree that:
1. Proaram: The foregoing recitals are made part of this grant agreement by reference. The GRANTEE shall
implement the Work Plan and Budget hereto attached as Exhibits A and B respectively, which are incorporated
herein by reference as a part of this grant agreement.
2. Duties and Payment: GRANTEE shall perform all the services enumerated in #1 above and shall be reimbursed
for its expenses in providing these services, provided that the total oblig ENT for all
reimbursement to GP, ANTEE shall not exceed $
o
These funds are to be expended in the cost categories and amounts shown in the Budc~et. Exhibit I~, which is
attached hereto, incorporated by reference herein and made a part hereof. The DEPARTMENT shall not be
responsible to reimburse GRANTEE for its payments or liability to the Unemployment Compensation Fund as
a reimbursing employer after termination of GRANTEE's participation in programs under the Act or for any
liability accrued thereunder before the effec, tive date of this Grant.
Term of Contract: This Grant shall be effective on. October l, 1997. or upon such date as it is executed as to
encumbrance by the Commissioner of the Department of Economic Security, whichever occurs later, and shall
remain in effect until SeD.tember 30, .1998, or until all obligations set forth in this contract have been
satisfactorily fulfilled, whichever occurs first.
Cance..!lation: This grant agreement may be canceled by the DEPARTMENT at any time, with or without cause,
by giving wdtten notice to the GRANTEE. In the event of such cancellation without cause, GRANTEE shall be
entitled to payment, determined on a pro rata basis, fo~' work or services satisfactorily performed.
In the event of cancellation for cause, including but not limited to failure to comply with the provisions of the
grant agreement, failure to make timely progress in delivering required services, or use of grant funds for
purposes other than those specifically identified in the grant agreement, the DEPARTMENT may take any
actions it deems necessary to protect the interests of the State of Minnesota, including but not limited to the
refusal to disburse additional funds pending a determination of the DEPARTMENT's right to set-off, and
requiring the return of all or part of the funds already disbursed.
This grant agreement may be canceled by the GRANTEE at any time, with or without cause, upon thirty (30)
days written notice to the DEPARTMENT. Such written notice of cancellation must include proposed terms for
winding up GRANTEE's services and an estimated final invoice for work or services l~r]ori~led. The
DEPARTMENT may reject or accept in whole or in part GRANTEE's proposed terms for winding up services
and GRANTEE's estimated final invoice, and shall notify GRANTEE of its decision within (5) business days of
receipt of GRANTEE's cancellation notice.
In the event of any cancellation under this provision, GRANTEE shall cooperate fully with the DEPARTMENT
and help facilitate any transition for the provision of services by a different vendor. Failure to cooperate with
or withholding any information or records requested by the DEPARTMENT or a different vendor that impairs
in any way the transition of the provision of services shall constitute a material breach of this grant agreement,
subjecting GRANTEE to liability for all damages incurred by the DEPARTMENT because of such breach.
Re(~uest for Payment: Requests for cash shall be made by GRANTEE to the DEPARTMENT on the
DEPARTMENT's Cash Request Form. Payments shall be made by the DEPARTMENT as soon as practicable
after GRANTEE's presentation of the Request for Cash. The fact of payment of any item shall not preclude the
DEPARTMENT from questioning the propriety of any item. GRANTEE acknowledges that funds to finance this
grant are to be obtained by the DEPARTMENT through a specific legislative act. If at any time such funds
become unavailable under the Act, this Agreement shall be terminated immediately upon written notice of such
fact by the DEPARTMENT to GRANTEE. in the event of such termination, GRANTEE shall be entitled to
reimbursement, determined on a pro rata basis, for services satisfactorily performed.
Purchase of Furniture and Ec~uiDment: GRANTEE shall not purchase furniture or other equipment without the
prior written approval of the DEPARTMENT. ·
Re0ayment.0f Funds: The DEPARTMENT reserves the right to offset any over-payment or disallowance of any
item or items under this Grant by reducing future payments requested by GRANTEE. This clause shall not be
construed to bar any other legal remedies that the DEPARTMENT may have to recover funds expended by
GRANTEE for disallowed costs.
'. 8.
10.
11.
GRANTEI~ Reports: GRANTEE agrees to provide the DEPARTMENT with such progress reports as the
DEPARTMENT may from time to time require including, but not limited to, the following:
ac
Quarterly FSR
Quarterly Progress Report, and
Quarterly Client Characteristic Report
GRANTEE shall also make such reports to t~e Secretary of Labor, the Comptroller General of the United States
or the DEPARTMENT as any of them may require. The DEPARTMENT shall withhold funding if reporting
requirements are not met in a complete, accurate and timely manner.
Monitoring and Corrective Action: Performance as set forth in Paragraph #1 above is essential to the life of this
Grant. GRANTEE agrees to permit monitoring by the DEPARTMENT to determine Grant performance and
compliance with Grant provisions. GRANTEE further agrees to cooperate with the DEPARTMENT in performing
and completing such monitoring activities and GRANTEE agrees to implement and comply with such remedial
action as is proposed by the DEPARTMENT.
~: GRANTEE agrees to indemnify and save and hold the DEPARTMENT, its agents and employees
harmless from any and all claims or causes of action, including attorney's fees, arising from the performance
of this Grant by GRANTEE, its agents, officers and employees.
Soe(;:ial Administrative Provision~ Rec~uired Under the Act: GRANTEE agrees to administer program in
accordance with the Act, as amended, the regulations and guidelines promulgated thereunder. GRANTEE also
agrees to comply with other applicable federal and State laws. In the event that these laws, regulations or
policies are amended at any time during the term of this Agreement, the GRANTEE shall comply with such
amended laws, regulations or guidelines.
J~: GRANTEE agrees to use such fiscal, audit and accounting procedures as may be
necessary to assure proper disbursement of such payments. The Secretary of Labor, the Comptroller
General of the United States and the DEPARTMENT, or a designated representative, shall have
access to and the right to examine for audit purposes or otherwise, any books, documents, papers
or records of GRANTEE. The books, records, documents and accounting' procedures and practices
of the GRANTEE relevant to the Grant are also subject to examination by the DEPARTMENT and
the legislative auditor of the State of Minnesota. GRANTEE agrees to fully cooperate in any such
examination and/or audit and to have said audits carded out in accordance with Subgrant Audit
Requirements, Attachment '1, which is attached hereto, incorporated by reference herein and made
a part hereof.
All records pertaining to this Grant shall be retained by the GRANTEE for a period of at least three
years after the expiration of the term of this Grant, or on completion of an audit, if one has been
commenced within three years, whichever period is longer.
Prooram Standerds: GRANTEE agrees to comply With OMB Circulars Numbers A-21, A-87, A-102,
A-110, A-122, A-128, A-133, OASC-10, Federal Treasury Circular 1075, and DJT Subgrantee
Administrative Requirements No. 1 as these circulars and issuances relate to the utilization of funds,
the operation of programs and the maintenance of records, books, accounts and other documents
under the Act, as amended.
Co
Non-Dis(;rimination Statement: The GRANTEE will comply with:
_Title VI of the Civil Riqhts Act of 1964, as amended bv the E(~ual Employment ODoortunity
~, which generally prohibits discrimination on grounds of race, color or national origin,
and applies to any program or activity receiving federal financial aid.
Eo
Fo
He
T'~tle Vii of the Civil Riqhts Act of 1964, as amended bv the EQual Em_DIoyment ODoortur~ity
f ~.~.~_~.~, which generally prohibits discrimination ~ecause of race, color, religion, sex or
national origin and applies to all employers, including State and local governments, public and
private employment agencies and labor organizations. Any employment and training program
sponsor or contractor which falls within one of these definitions would, of course, be covered
by Title VIi.
The Rehabilitation Act. of 1~73, as amended, which generally prohibits discrimination on the
basis of handicap in all federally-funded programs. The Department of Labor's non-
discrimination regulations, which were published in October 1980, were designed to enforce
Section 504 of the Rehabilitation Act.
The A0e Di$(;:riminetion in Employment Act of 19~7, as amended, which generally prohibits
discrimination on the basis of age against persons between the ages of 40 and 70.
The E(3uai Pay Act of 1963 amends the Fair Labor Standards Act and which generally provides
that an employer may not discriminate on the basis of sex. by paying employees of different
sexes differently for doing the same work.
~tle IX of the EducatiQn Amendments of 1977., as amended, generally provides that no person
shall, on the basis of sex, be excluded from participation, be denied the benefits of, be treated
differently from another person or otherwise be discriminated against in any interscholastic,
intercollegiate, club or intramural athletics offered and no recipient shall provide any such
athletics separately on such basis.
o
The Age Discrimination A(;:t of 1975, as amended, prohibits unreasonable discrimination on the
basis of age in programs or activities receiving federal financial assistance.
Affirmative Aq'tion: (If applicable), GRANTEE certifies that it has received a Certificate of Compliance
from the Commissioner of Human Rights pursuant to Minnesota Statues, Section 363.073.
Workers' CQmpensation: In accordance with the provisions of Minnesota Statutes' Section 176.182,
the State affirms that GRANTEE has provided acceptable evidence of compliance with the workers'
compensation insurance coverage requirement of Minnesota Statues Section 176.181, Subdivision
2.
Antitrust: GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges
as to goods and/or services provided in connection with this contract resulting from antitrust violations
which arise under the antitrust laws of the United States and the antitrust laws of the State of
Minnesota.
GRANTEE agrees to comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (Public Law 91-64.8) which Provides for fair and equitable treatment
of. persons displaced as. a result of federal or federally assisted programs.
GRANTEE agrees that program participants shall not be employed in the construction, operation or
maintenance of that part of any facility which is used for religious instructions or worship.
DATA PRACTICES: The GRANTEE understands and agrees that it shall be bound by the Minnesota
Government Data Practices Act (Minnesota Statues, Section 13.01 - 13.90), and that it shall inform
program applicants that the DEPARTMENT may share applicant data with other agencies for
eligibility and program evaluation purposes. GRANTEE shall incorporate into the Tennessen Warning
used to provide applicants' an explanation of their rights under the Minnesota Data Practices Act
clauses contained in the DEPARTMENT'S "DATA USES INCLUSION REQUIREMENTS"
4
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
(Attachment 2).
GRANTEE further agrees to comply with the Americans with Disabilities Act of 1990 (Chapter 126,
Title 42 of the United States Code).
Job Sen/ice Listing: GRANTEE shall list any job vacancy in its personnel complement with the nearest
Minnesota Job Service Office as soon as it. occurs.
J~[L~_..~: (If applicable) GRANTEES receiving funds under the Act will track participants with the
Minnesota JTPA Management Information System (MIS) either through the area SDA or through arrangements
made with the DEPARTMENT.
Voter Re.qistrati0n: GRANTEE shall provide non-partisan voter registration services and assistance, using
forms provided by the Secretary of Statel to employees of GRANTEE, program participants and the public as
required by Minnesota Statutes, 1987 Supplement, Section 201.162.
ASSignment: The GRANTEE shall neither assign nor transfer any rights or obligations under this grant
agreement without prior written consent of the DEPARTMENT. The provisions of this grant agreement
applicable to the GRANTEE shall also be applicable to subgrants made by the GRANTEE from funds obtained
under this grant agreement.
pregrant Cost~: Costs incurred from 30 days prior to the effective date of this grant agreement, which were in
anticipation of this award and specifically authorized and approved in writing by the DEPARTMENT, are
allowable costs to the extent that they would have been allowable had they been incurred after the effective date
of this grant agreement provided that the same are approved by the Commissioner of Finance in accordance
with the provisions of Minnesota Statutes, Section 16A. 15, Subdivision 3.
Modifications: Any modifications to this grant agreement shall be in writing and shall be executed by the same
parties who executed the original grant agreement, or their successors in office.
Debarment and Suspension Certification: The SUBGRANTEE agrees to follow the President's Executive Order
12549 and the implementing regulation "Nonprocurement Debarment and Suspension; Notice and Final P,ule
and Interim Final Rule," found in Federal Register Vol. 53, No. 102, May 26, 1988, including Appendix B,
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions"; unless excluded by law or regulation.
Lobbvino Certification and Disci08ure: (If applicable) The GRANTEE shall comply with Interim Final Rule, New
Restrictions on Lobbying, found in Federal Register Vol. 55, No. 38, February 26, 1990, and any permanent
Rules that are adopted in place of the lntedm Rule. The interim rule requires the GRANTEE to certify as to their
lobbying activity. The intedm final rule implements section 319 of Public Law 101 - 121. Section 319 generally
prohibits recipients of Federal contracts, grants and loans from using appropriated funds for lobbying the
Executive or Legislative Branches of the Federal Government in connection with a specific contract, grant or
loan. ~
Grant Close-out: The GRANTEE agrees to submit a final Financial Status Report (PAUFSR.006) and a
payment for the balance of any unspent and unobligated grant funds to the DEPARTMENT within 45 days after
the end of the term of this agreement. Failure to submit a final PAUFSP,.006 within this period may result in
disallowance of payment for any expenditures not previously submitted. The GRANTEE agrees to submit a
revised final PAUFSP,.008 to the DEPARTMENT if any additional funds must be returned to the DEPARTMENT
after grant agreement closeout.
The GRANTEE agrees to acknowledge the DEPARTMENT'S funding of any resulting publications, data, or
other material whether subject to copyright or not, with the following language: Funding for this publication (or
document, paper, data, etc.) was provided by a grant from the Juvenile Justice Advisory Committee, Minnesota
Department of Economic Secudty and the U.S. Department of Justice, Office of Juvenile Justice and
Def~nctuency Preventfon.
6
IN WITNESS WHEREOF, the parties have caused this Grant to be duly executed
intending to be bound thereby.
*FOR THE GRANTEE:
FOR THE DEPARTMENT OF
ECONOMIC SECURITY:
By: By:
Title: Title: Director, Program Support
Date: Date:
FOR THE GRANTEE:
By:
Title:
Date:
* if a corporation, two corporate officers must execute.
SIGNA.PG
FOP, J~ 3
ll~11~IOYATl~rE LOCAL LAW ENFORCEMENT AND CO/~MUNITY POLICING' PROGP, A&4
APPLICATION DUE AUGUST 1, 1.99T
BUDGET PAGE
Budget period from 10-1 1997 .thr°ugh 10-!
Columbia Reigbts Police Dept. 559 Mill Street NE
Columbia Heights HN 55421
Captain Leonar~ Olson
199 8
612-782-2840
612-782-2842 Cfax]
612-782-2846
Salaries
Fringe Benefits
Consultants
Travel
~pace Costs & Rentals '
Consumable Supplies
Lease & Purchase equipment
Indirect Costs*
Other Costss
TOTAL
Indirect/Admininstrative Costs are limited to up to 5
":~...~.:: '=:~.~':- ..- . .-Total Budget Amount
~..'-::.:?::' .-'.-. . :,': -
: '";,-.., .~':" :' ..?..~.. :j·:. . -..... ....
5,720
435
6,000
12,1.55
oercent of total budget cost.
EXHIBIT B
INNOVATIVE LOCAL LAW' ENFORCEMENT
AND COMMUNITY POLICING PROGRAM
FORM 4
Please provide a brief justification for the budget items requested. Include an explanation of how costs were
determined. Please descr~e any other additional ~ources of funds or in-kind support used to support this project..
Attach an additional page, if necessary.
APPLICANT AGENCY: Columbia Heights Police Department
PROJECT NAME: Graffit:L Clean-Up Program
Work Crew Supervisor 10 hours/week ae ll. O0/hour 5,720
TOTAL SALARY 5,720
FRINGE BENEFITS (ltemlze)
Social Security - 354.00
I" TOTAL 435. O0
CONSULTANT & PROFESSIONAL SERVICES (Itemize)
· I TOTAL
TRA%rF.L (mileage may not exceed .27 per mile)
J" TOTAL
EXHIBIT B
SPACE COSTS AND RENTAL (item~ze)
CONSUMABLE SUPPUES (Itemize)
Paln= and sandblasttn$ macerfal
Grafffct removal products
}tLsc. supplies: brushes~ cleaner,
protective gear
200.O0/month
200.O0/monch
lO0.O0/month
LEASE AND PURCHASE EQUIPMENT (Itemize)
INDIRECT/ADMINISTRATIVE COST (See allowable activity descHptlon)
Approved Rate: 5% of total budset cost
OTHER COSTS (Itemize) · -
TOTAL
2,aO0
2,400
1,200
TOTAL 6,000
TOTAL
TOTAL
i TOTAL
$ 12,155 i
The cost of operating and ma~ntalnlng facilitJes, depreclat~on, and admln~stratlve salaries are examples of the type of cost
that are usually treated as "indirect or adm;nstratlve cost".
'EXHIBIT B
IN-KIND SUPPORT
The Cities of Columbia Heights and Fridley will contribute in-kind support
by providing the following:
· Vehicles for transporl~g work crews and supplies to and
from the job sites
· Sandblaster and air compressor
- Storage space for equipment and supplies
EXHIBIT B
CITY OF COLUMBIA HEIGHTS
Meeting of: October 27, 1997
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO: ~ Comm. Devel. Dept. /~ APPROVAL . o,
ITEM: F ~ RS/ RSAD l NG -. 0RD ~ NANCE # BY: Tina Goodro BY:
No: A. 10) DATE: Oot
We have received another bid from Quality Checked Construction, this
time for the property at 578 38th Avenue N.E. The Company is offering
$18,900 for the lot which is assessed at $19,400.
Quality Checked Construction will construct a 1048 square foot split
level home with a double attached garage. Both levels will be completed
for the homebuyer. The home will be of similar design as 572 38th
Avenue N.E.
RECOMMENDED MOTION: Move to waive the first reading of Ordinance ]363,
being an ordinance amending Ordinance ~853, City Code of 1977, there
being ample copies available to the public.
RECOMMENDED MOTION: Move to schedule the second reading of Ordinance
1~6~, for November 10, 1997.
COUNCIL ACTION:
\bt\letter\council
ORDINANCE NO, ~363
Being an ordinance amending Ordinance No. 853, City Code of 1977, Authorizing to convey
certain real estate located at 578 38th Avenue N.E.
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights may convey unto Quality Checked Construction,
the real property described as follows, to wit:
Lot 9 and the east 23.3 feet of Lot 10, Block 89, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota.
Section 2: The Mayor and City Manager are herewith authorized to execute deeds to
effectuate the conveyance of said real estate for the purchase price of $18,900 and
subject to the terms and conditions specified in the sale and development
agreement.
Section 3: This ordinance shall be in full force and effect from and at~er thirty (30) days after
its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Quality Checked Construction, Inc.
16300 Makah Street NW
Andover, Mn 55304
421-5221
To Ken Anderson,
We propose to purchase the lot at 578 38th AV. NE for $18,900. These will
be for owner occupied clients. We understand that the City of Columbia Heights
will guarantee that the lot will be buildable for a five coarse basement, if the city
requires a drive cut in the curb, they will be responsible for related fees. The city
will guarantee the sewer and water connections will be to property line and not in
the street. Taxes on the lot will be prorated and on the lot only.
We understand the terms are $1000.00 down and the balance due at the
closing to the third party. The plan is to start construction as soon as the city
approves this and all necessary papers are filed.
The house plan is to be a split foyer 1048 sq. ft. home with double attached
garage. Plan number ~ik~,E6'3222. We use 2x6 walls, all oak woodwork, and
custom cabinets. The exterior will have vinyl siding and brick per plan and raised
panel steel garage door.
Thank-you for your consideration.
Michael L Vagle Pres.
BRC F'tNANC. IAL.. SYS'TEM
10/;23/97 :L 7 :: 08 :: ~;0
Chec:l< H:i..s tory
FUI,ID Rli~.CAF:':
F:'UND I)ESCR I F'T I 0t'1
101
2O2
203
204
205
2.'t. 2
213
22..5
2.35
240
250
26','.4
270
2_76
402
601
602
607;
609
65.1.
652
701
710
72.0
884
885
887
GEIqERAI...
AI,IOI(A CouIqTY CDBG
F:'ARt<V]]:]:W V];I...I...A NORTH
l:TCtOlqCllqIC; DES/Ei]...OF:'ML'ZIqT AUTI'I
SECTION 8
STATE AID MAIt,ITEI,h-"d,IC;E]
F:'ARKV]]~JW V]71...L.A ~OUTH
C;ABL.E 'J"E]...EJV.'I] S.'I] 01'1
RtZIqTAL.. HOU,S I NG
L...'[ BRARY
COL.. HGHTS At"-TEF;: ,~3Cl'IOOl...
C; 0 N F:' ]; ,ti; C,~ A T L':-. D / F:' C) F~:F:'I:'~; ]; ]"ti:] D F:'ROF'
I)ARE PF:,'C) JECT
LOt.BAL.. L.AW ENFT.)RC),E] BL..K 6)RAbIT
MUL..T]]-U,~3E RI~.]DIEVI!i]...OPMI:T. NT F'LAN
S'¥ATE A]]D COI'IGTRUCT]]ON
~API'TAL.. IMPROVEMENT -- F:'IF;:
WA]"EJR I..I'T I L. ]: T'Y
SEWIiiJR UTII_.]:TY
RI?:]:TJSE F'UI'ID
k.. ]: E:II.JC)R
WATE:R COI'I,?,'I"RI..JC, T']:ON F:'L.II,I.ID
,c3EWER COI'-tSTFi:LICT IC)N l'-'Lllq.'o
CEI'tTRAI... GAR'AGE:
[:'],lli!]R [}} Y M A N A G E( l'"l L']]'-I ]"
O A'J"A F' F:~ 0 C [:.'2 ,~!kr:i ]'.' J '1G
I NS LIF:.:AI'IClii:
F'LEX BE]qlEF't]" TRUST FUI,ID
TOTAl... AI...I... F:TJI,ID,'3
D I SBURSEMIEt, ITS
40 :, 1.02..'I. 5
:1.0 ,,
9 .,, 6:1. I ,, 47
.1. 5,, O0
406.00
824 ,, 33
5 :, :I. :L 8.87
2, .1.96.4',:}
:I. 65 ,, 7.-.19
3, i.".46 ,, 09
84, :L 3
46.I.. 1.0
105 ,. 00
149.91.
9 :, 62.. 5.00
i':'.0 :, 84 J.. 76
7:1. :, 384.47
77 :, 050 ,, 23
58 :, 632.96
100 :, 1.05 ,, 89
160 :, 470., 46
88, .I. 22 ,, 46
18 :, 084,20
6 :, 3~:;7.0:1.
8 :~ 3.33.7.-.19
94.20
250.00
1.74 :~ 2.50., 25
463.08
856,., 54:1. ,, 78
BAN K F;,:ECAI::':
I:.~ANI( NAME
l:.q~ b-I I(CHEC ICI: IqC.'; ACCC)L.tI,FT
TOTAL. AL..L.. BAI,II(,'B
I) I S BLII:i:SEI~tt:-:.'I,I T S
856 :, 54:I. ,. 78
856:, 541.78
BRC:.. F:'INAI,tC]:AI... 8Y,~TiEM
.1. 0/23/97 17 :: 0
C he el,:. H:i. story
.1.0/27/97 COUIqCII... I...ISTI. I,I(3
{.";]:"I"Y OF:' COI...UMZ')IA
C')I....~.:,40F::-'V05 ,, 00 I::'AC')IE ,1.
BAN I< VEI"II)OI::,:
CI..IE:C I( I,II.J M )BIEI'",: ~I*IOUhlT
BAI'-.IK CHIEC K:I:I'-.IG ACCOUI'.IT
BA I(EF:.:/JOAt'-tNIE
BIEI...I...BOY BAR SL.IF:'F:'I,,Y
BIEI_I...BOY E; C)I":.'P 0 R A T ]: 0 I'.1
BIEI-R:I~3F-"C:II:;.:D TF::I...IC; K II".IG
BL.C) I,,.IEiR 8/CA ROL..E
B F;~ A A T EI'I / C') AI::~ Y
[,' ~1~ T Y O F:' El) ]~ NA
C. ITY ~.d.T. DE ~,'JII'IDOW 8E:F::V .'I: CE
C;I..AS.~i'; :[ C CA"I"I::]:'.: Z 1"1(.'".~
H IT. R C F:'RODLJCTS Il'lC
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,3'Ol"llqSOIq BF;.:08. I...IC:~LJOF'-: C;O.
,.7 C)H I"1.~ 0 I'-I/8 H T.
I(I I'-IIEF;.:/W.'[ I-I.,. I AM
I'( t. J L":: H I'.1 / ,3' F.:". A t'1
I'IED ]:C;A Cf'lO.'[ CE
M :l: I'It"tE:8OTA [;OACHIE8
M :[ Iq'J"EF:-:'-WIE I .~i;MA' 1'I
MI'-I ]Dr.i:F:'T OF:' REVENI. Jli:_'
M 0 D E]...I.../F:'AI. JI...
N Iii: L. E; 0 N / C A F:,' 0 L..
F'Ii.::T'I"Y C;ASH -. GARY BRAATE:
QUAL. tTY W]:I'tlE & SF'II'"~IT,:C;
ROZMAR K/id I KE
'~i;{:.'-H M :[ DT/R I CHARI)
80 I( I< I A IqlEA,~i;UR :I:I'IG ,c.;YS'FEIq8
8'T U F:,'DE:VAIq T/JOSE]:'H 8
W OI'~'.L..D CL..AE;8
A '¥ & 7' C;OIqSt..tlqlER F'ROI)UCT
AARF:'
AF:'ACHF. i: GROUP OF'
BEI_I...BOY BAR 8UF'F:'L.Y
BE]_L..BOY C.'.ORPORAT]: 0I,I
B EI:~ (3 F'" 0 R D 'r R U G I(I I,I
B E:RGIq A N / Jlii:NN I F'IER
BI!~ST BUY C;OMF'AI,IY
DIEMARAI,C.;/AIqN MAR tIE
F"RY/BOI.-.~
GENUINE: F'ART~/NAF'A AUTO
]:Blq CORF:'ORA'¥.]: C)I,I
JA K A (..'. K ]:/CE I I...
,'.TOHI,ISON PAPEI:'( & 8UF:'F:'I._Y C
JOL..L..Y/DONAL. D
JONE8/MAF.~GARE'T A
KAHL. E:R HOTEL
KING/MAR ]:A
Kt..tF:HI,I/JFZAN
67796 29.34
67797 66 ,, 73
67798 8 :, 548 ,, 34
67799 ,1.08,, 60
67800 · 2:1.3 ,, 90
6780,1. 69 ,, 95
67802': 40 ,, 00
67803 24 ,, 50
67804 4, :1.9 [5 ,, 54
67805 84,235 ,, 00
67806 43.00
67807 407 ,, 00
67808 32 ,, 00
67809 189 ,, 77
67810 32 ,, 45
67811 490.04-
678:1.2. :1.96 ,, 50
67813 2,746 ,, 8'7
678 :t. 4 :L 0.90 :I. ,, 00
678 ~. 5 391.00
678:L 6 1:1.8.03
67817 102 ,, 12.
678:1. 8 2,6:1.6.97
67819 50 ,, 00
67820 56 ,, 00
67821 4 ,, 5~
67822 :1.33 ,, 96
67823 387 ,, 84
678175 47 ,, 82
67826 272.00
67827 222.67
67828 ~:;54.,, 64
67829 7,1:1.0 ,, 33
67830 62~5 ,, 40
67831 40.53
67832 199 ,, 88
67833 440 ,, O0
67834 ~]0.00
67835 496.10
67836 `1.95 ,, 00
67837 32 ,, 00
67838 200.40
67839 6.48
67840 126 ,, 10
67841 379.50
67842 48.05
67843 37., 57
BRC F'.~B,tANC.T. AL. 8YS'f'EZI
.1.0/23/97 17::0
C he c. 1..'. I-.Ii s to r'y
.1.0/2.7/97 COL.II',IC;ZI... I...IST.~IqG
CZTY Ol= COL.UMB.T.A I--ItE:t:GHTS
GI...540F~-V05,00 PAGE: 2:
BAN I< VIEIYDOt~
Ct"Iiii]C K I'-tU MB lii]l':,' AMOLJlqT
BAN I< (]l-Ili!X]; I<.'f;l',II[>.l ACCCILJI'-IT'
t...AGE:I'"<QU I'~i;T CORF:'.,
HAC QLJEZ]'I EQLJZPME:Iq':f' CO,.
M Z I...I...FZR/MA R(3AI;,'IE T
I~l :I: I,I N Iii: G A 8 C 0
M :t: t'IN['i:E;O'T'A DAF:IE OF't-- Z CIER8
M Z Iq T'IF::F~'"'WE[ .'1[ ,S~M AI'I
MZSKIE 01:~ & MAI?(¥ O0 MZSI<tE
I~I:~F'~
lq S F'
lqAT Z Olq~l... I...AW
N Iii[ t._ S 0 i',1/' C ~ R 0 I...
F:'~RT'8 F:'I...U S
i::'EFTT¥ CASH .... I<~RIEN
F:' Z lq tq A C' I... I.'":[ ][) .Z S T' R
I"'I:L'OE~X PHOTO
QUAI....l[ T¥ W Z NIE ~: 8F:'.l[ R .1[ T8
F,'E[ .'[ DIEFb/ 1< ~-i" IIE
81E~I=<,~ C..;OMMIEF~C'.t[~I... CI'"(ED Z T
8IERCO I_.~B8
S'I-~F~ TR.I[ BUNE;
SI;,!t:":]',ID F~?I... OFbF::A Z f-tiE
U .E~, WE.'E;T COMI'IL.II',I.~:C;A'f'.IX3tq,..S
WC~RI..,I) C:LAS8 WZ I'-tlE
AF'-E.R;ME
At',IOKA C:OUtq-FY ,SSOCZAI... 8IERV
BliF. CI<IEF;,' COLJt',ITY C, HZI...D 8UF'P
BC'.A :[ NC ..
D 1!.=. Iq T .'1: CARE]
F"! RST CSMMUNI 3"(' CRIED:[ 1' U
GF~IEAT WE:EYf' I._.I[F:'E[ ,.~:
Z CMA RE:T :1: REJME:N'T' TRUST 4,"7,
!SAhtTZ COLJtq'f'Y F:'AM.I:I...Y 8I.::':t:;~
MZfYi',tE:8OT~ I"ILJ"f'I.J~L I...Zi=IE
Mhl 8'F~'f'E: F;-:E:.:T'ZF;.:EZtE:I',I'f' 8¥8T'
hlC~F;~lz, tE:ST B~I',It< --- t='A¥1";,'OI...L.
F'!.=.'Z< ~
F:'lii: R A - D F.!: F:' :[ N f.=::D C 8 N T R :[ B U T
I='FZR~ L...7:I:=IE .I:I'I8UR~I,ICE:
F:'IEF;,:AF'OL .'t: CE: I:~I.=.:L. tE:I= C81qSO
PFd..JDIENT.I:~I... t....I:F-E: .I:NStJRAtqC;
RAMSb['i:I...L. ~C;t"IOi_.AF<E;H:[ F' FUtq
ST'AblD~F;:D .'I:NSt. jF~:AIqCE: COMP~
S'T'~TE: C;AI=':t:TC~I.. C;F,,tlED:[T UN.'[
t. Jl'.l Z ON 4~
LJI'.I I' T E:D WAY
...~Y t, lO b, IC Z E~ K I
67844 .1., .1.00. O0
67845 .1. 00 ,, 00
67846 :1..1.3 ,, 66
67847 2 :, .1.89 ,. 94
67848 .1.05 ,, O0
67849 5,644 ,, 74
67850 9 :, 625 ,, 00
6785.1. 645.00
67852 3 :, 803 ,, 73
67853 275.00
67854 .1..1. :t. ,. 35
67855 :1.93 ,, .1.4
67856 80.77
67857 .1. 78.05
67858 29..1. 3
67859 3 :: 87.1. ,, 34
67860 .1.24.40
6786.1. .1. 5:1.. 50
67862 I :, :1.20.00
67863 80 ,, 30
67864 :1.6:t. ,, 02
67865 747 ,, .1.8
67866 792.02
67868 696.69
67869 65.00
67870 66.42
6787.1. 2 :, 41.1. ,, 85
67872 208.08
67873 .1. :, 585.00
67874 .3,698 ,, 50
67875 7 :, 29:1.. 96
67876 .1.63.44
67877 973.00
67878 .1., .1.89 ,, 00
67879 .1.2.1. :, 286 .. 8.1.
67880 2.1. :: 342.46
6788:1. 94.62
67882 .1. 38 .. 00
67883 :[, 2.1. :I.. 63
67884 625 ,, .1.0
67885 54.25
67886 675.03
67887 .1. :, 370., 00
67888 609 ,. 00
67889 .1..1. 5.00
6789.1. 29 .t. ;'50
678':?2 62.1.. 32
BI-2C F':E. IqAI,IC.'t:AI... SYSTI.-ZM
:3.0/23/97 .1.7::0
C he c I,.'. I--h'i. :~'t'.o ry
.1.0/27/97 COUIqC.1;I...
CY.'rY OF-' COI...UMB.I:A I..IE::r.(SHT',t.3
GL. 540F::..-V05 ,, 00 F'AGE: 3
BAI, I 1( VI:T.I,IDOR
CHIECK N t..I M :[..'{ lEI.',: AMOUNT
BANK CHIECK:I:IqG AC';COUNT
A T&T W:l:lrdEl._lEc~;8
ABRA,S ):VIE SYSTE]'I
ACE: H A Fi:D W A I.';,'I:Z
AD.l:
A :1: R TOUCH CEi]_I...UI...AR
AI...ADDZI'I F:'O01... & SPA
AI...L. F:';I:F:,'r:i: 'l"r..i:ST tNC;
A ME:I:',:.1: CAN I...AM.'t;IqAT l I,IG
A M E: ,r.;: Z C A N L. :3: N IE 1,1 8 U F' F:'3... Y C C)
ANOKA CC]UNTY ATTOFi:NE;Y
AI',3OKA C..':ouIq'I"Y 3...IBF;.:ARY
ANO KA HE':I,IIqE:F:"IN 'f'I:ZCH C::OI...L..
ARAMAF;,' K
}BAK3i.::R & TAYL.OF;.:
BAr. Uf'C)N ,SAND & GRAVIEI...
BAUE:I:i: E~U.I:I...T TZI:;.:E: & BATTE
BIERNICK AN:i) t...;r.F-',?,OIq
];-:~ :1: F:'F:' ' 8 :,
B:3:TLIt-q:I:htOUS:~ ROADWAYE;:, :r. hl(.";
I'.'{ N 83..'..: F~: V ]; C; i'E ,~!;
.BOYE::F~: TRUCK ,r-:'ART,%
BI:;.: :1: (:-;~ 1TON EXCAVAT
BF;.'ODART
BI.',.:U L.. ]: tq C.)OF;.:F'
BRYAI-I ROE;l< F'F;,:ODUCT,C:; :, :r. NC
BI. JI:;.'E:AU OF' C{:;:ZMA]:IqA1... AF'F'F;:
CARL.,?,Ohl E:QU :1: F'MI:T. NT
CAT'CO F:' A F.: T,~!.~
CI)F:' :r MAG]: NG SYS'T'3:T.I,L?,
CE:N.---A-VAC.;
CE;NTRAI...
C E; F;,' T .1: F' .'I: T
CH:r.. SAGO I...A KE:S
CZTY F:'A [.-3E:8
C :1: TY W :!: .'[.':,E: L.. DE; KSM.'I: T I-I :1:3,18
CX.']CA...CO3...A BOT'I"L..I:IqG M.T. DWE
COMF' O,~i.~A ZhlC-
CCINIqE';Y SAF:'Iii:TY F'Fi:CIDUC'T'%
CON~..Z;T.r';:UCT.1: ON MATER Z ALS
CONT:t: NE:NTAL. E;At":'ETY
D ROCK CENTE:R
DAL. CC) E:NTE;Fi:F:'|:it.1:,c.';E;,5; :I.'1,36;
DANKA OFF'F':I:C.;E: :r.I"IAGING CO
DAV.1;3:T.8 WATER EC-~UT.P CC.),,
D T. AMC]NI') VOGE;L. F:'A
DUO [:.'.l-.iE: N
67893 :1. 6 ,, 00
67894 ;~2 ,, 33
67895 .1. 68 ,, 32
6'2896 26.1. ,, 84
67897 6 ,, 23
67898 80 ,, 04
67899 :I. 6 ,, 75
67900 5~.9 ,, I?.5
67901 65 ,, 04
67902 307 ,, 40
67903 80 ,, 28
67904 600 ,, 00
67905 45','.", ,, 84
67906 2?.7:;4 ,, 60
67907 .1. :, 687 ,, 18
67908 76,2:1.
67909 2 :, 0;:'57:'5 ,, 50
679:1.0 .1. 5;':; ,, 56
679.1..1. 8 :, 287,94
679.1.2 ;I. 37.39
679.1.3 50,08
679;I. 4 562 ,, ;:'52
679I 5 54,7.1.
679.1.6 7:;.1. ,, .1..1.
679:1.7 7:'5 :, 7:'50;:'5 ,, 46
67918 630.00
679.1.9 1 :, 739 ,, 7;':'5
67920 398 ,, 5.1.
6792.1. 88 ,, 00
67922 .1. 5,2~;
6792:.3 .1.07 ,, 66
67924 :L 24, (;,7
67925 5 :, .'323 ,, 05
67926 420.00
67927 4,02
6.7928 .1..1. 5 ,, 00
67929 75 ,, 03
679:;:'50 ',5.1..29
679Z{.1. 60 ,, 7;L
67932 97 ,, ;:~:L
679;:'5;.':'5 3,5.'6 ,, 50
679:.':.54 2.56
67935 893 ,, ?39
67936 .1. :, 585 ,, 4.1.
67937 62,08
67938 4 .1. 2 ,, 69
67939 80., 94
10/23/97 17:0
C he (=1,.: H:Lstory
.~. 0/27/97 COUIqC:I:I...
C]:T'Y OF:' COL..LJHB.T.A I"IL:.'::[GH'T',t'3
Gl... 54()1:;."-V() 5.00 t::'AGE~ 4
BAI',I K VIE!qDOR
CI- II:-.',C} 1( I,IIJMBE]:~: AI~IOI...IN T
BAI',iI< (.~l..lliiX:;l< :I:I',IG AC;C;OLJNT
I.=.:AGI...E: WIIqE COI'IF'AI,IY
li:']...V ]:1,1 8AFEiTY E';LJF:'I::'I...Y
t= A,c3T E.~ :1: C..~ t',l,~i:~
GAI...IE F:.:I:':':.,~i;E:ARC;H CO,
C-)AL..L.S :1: I',tC':
G ]: L..I...LJI',ID E 1',1 '1" E: R F:' F;,' .'1: ,c:; Ii.:. ,?,
GOOD HD/ DR
GOF:'I-IE]::,' E.~'T'A'T'E: OI'-IE>-'C;AI...I... .T. bl
GRIGGE:""{:::OOF'E'iF,' & CO
HA Pl::'['i:l... I)BA
HE: :t: {:';H'I"S E:L..EC;TF;,' .'1: C,' .'I: I"IC; ,,
H :J: D:~)lii:l',l F:'E:Iq C;,.r< O F:' PI :t: I',INL-T.E;O T
H :I: L..L'i"OF:' TF;,'A :1: L..E:F;,' S;AI...E".,c..~ :L'
I"K31~IE: D!:'i:PO'~"
HO~.:,F:':!: TAI._ :I:-J"Y 8LJPF'L..Y C;OPIt='A
]:F'C~
JOE ,ci;CI"IM :I:-I"Z .8{30
0'Cq-ll,l~Ol,l BRO~; .. L.. :J:(]:~I..JOR C;O ,,
KIii:W A T T/CJ"tAF:.:J...Ii.".'
NE:¥,E;TOt',IE: AI..JTOM(3T :F. VE': :J: N)DU
KUE:'¥'FII~:R D.I:,q;T', C;O ,,
L..AI"tE;E: TAN K :, I t"IC;
L..E:E:F:' BROS,
L.. O C:,A TO R,Ci.~ &
PLA{.';, QLJEEN E:QLJ]:F:'I'IE:IqT'
MAF;,',SFtAL. I... C.'.OtqCI::,'L=.:"t"E: F'F;,'C):0L~C
ME:CA
I'"tli!:NAF;.'.I'),~i; CA~HWAY L..I..JI'"IBE:I~--I:
PIEYi"RC.) CA,?.I-I F~Ii!:G]:~:¥¥EF;.: ,.'~YE;T'
Mlii:TRO fl. gI:ZLD ]:f',I{:3 ~3L.IF'F'L..Y
f"11'ZT'ROI::'OI....'I:TAI',I C;OL.It',IC;.T.I... WAE;
M]:g,~,lli'],c..'¥¥ A,c:';F'HAL..T CC),,
MZDWIi.:.,t";T' LOCI( & SAFE
PI ]: NI.":'~R
PI :I: NNE:AF:'OL..:I: S F':I: NAIqC;L'".': B'E:F:'T'
M :i: Nt',IE:AF'OI... ]:,cL'~ SAW CO,
PI :[ I'.11".1I~.': C') A,~; C; 0
MIFINE:SOTA C:I:TY/CNTY PIE')I~F¥'
PI :I:t"tI'-IE:E;O'I"A PL..AYGF:.:OLJI"tD Zt"IC
t"t ]: NI"IE:E~;O"t"A8UJ',I I:'UBL .T. Ct:AT :[ C)
I"'Jh'l ,ci;']"AT~i: 'J"RE:A,'.~I..JR'Iii]";.:S; OF:'I::.'I:
PII'.! TIJRJ::' & GF;,'OLJi'-ID F'OLJN.'OAT
MOORE M~i~DICAI... COF,'P
PI{:)UNTAI N ,c.';"I"AF;:
67940 4 :, 97.l . 84
67941 :1.87.5.1.
67942 143.99
67943 .1.39.2.1.
67944 45.97
67945 453.69
67946 60.00
6'2947 .'1..1. 9 ,, 00
67948 2.'I. ;, 359 ,, 48
67949 54.30
67950 3 :~ 025.00
67951 277.37
67952 49.50
67953 18.82
67954 .t I ;,644.61
67955 120 ,, 06
67956 462.64
67957 324.2;8
679 58 594.30
67959 22 ;, 280 ,, 51
67960 38.84
67961 6.1. ,, 77
67962 86,,2.7
67963 36 :, 966.0~:3
67964 52 ,, 94
67965 197.45
67966 465 ,, 52
67967 23.96
67968 285 ,, 72
67969 79 ,, 65
67970 68.29
67971 169 ,, 80
67972 109 ,, 56
67973 57 :~ 407 ,, 00
67974 72 :~ 305.83
67975 2.912.92
67976 81.84
67977 63 ;, 355. i'.'.'2
6797~:~ 9.56
67979 29 ,, 87
67980 72.00
6798.~. 219 ,, 45
67982 :L 58.40
67983 .'L 53,, 70
67984 190 ,, 00
67985 222,, 67
67986 5 :, 671 ,, 40
BRC t='II'4AtqC]:AI... SYSTEM
0/23/97 17: 0
Check His'tory
.1.0/27/97 COLJI,ICL'[I... l...]:S'f'II,lG
C ]: TY OF:' COI...LJMB :I:A I"IE :[
(.~I...540F;~'"'V05 ,, 00 F'AGli] 5
BAN I( VIEI,I~D 0 F.:
C.,I'IIECI( IqUMBITF¢ AMOUNT
BAN I( C,]--IIEC K.'[ I,IG ACCOLJNT
MUS KA L :[ GH"I" ]: NG CIEI',I"f'E]:;~
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TO CITY COUNCIL OCTO3ER 27, 1997
.. '~j~e~ ~aiver ~orm Accompanied Application
1997 BUSINESS LICENSE AGENDA
APPROVED BY
BUILDING OFFICIAL
CONTRACTORS
CRS Excavation, Inc.
*Chiller Technology Serv.
*Cirrus, Inc.
*Five Pillars Contracting
*T & R Landscaping & Snow Removal
LOCATED AT
13093 Keystone Ave. N.
6225 Butterworth Lane
1624 Harmon PI., S. 208
4319 N.E. 3rd St.
6816 Channel Rd.
FEES
840.00
840.00
840.00
840.00
840.00
PUBLIC WORKS DEPT.
TREE SERVICES
*S & S Tree & Horticultural Spec.
6214 Concord Blvd., Inver Grv. Hgts.
850.00
license.ag
To_-
From:
Re:
Date:
Walter Fehst, City Manager
Charlie Kewatt
Rental Housing Licenses
10/21/97
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.
Re-Licensing Month: April 1997
Occupancy Id
10011
10101
12018
12034
12065
12067
12184
20010
20176
20211
30002
30054
30055
30056
Property Owner Name Property Address Permit
David Wiger 5045 4t~ Street F2197
Delores Peterson 4226 7t~ Street F2104
Richard Olin 5218 Washington F2086
Jean Thorp 4641 Washington F2118
Randee Arfmann 4535 Washington F2416
Edwin Matthes 5229 7th Street F2196
Renae Novak 4023 6th Street F2331
Yinsheng Zhang 4636 Washington F2155
William LaBounty 4654 Washington F2088
Donald Ferry 4536 7~ Street F2133
Penelope Brown 3754 3ra Street F2122
Frank Trisko 950 47t~ Avenue F2090
Martha Demetrioy 1400 47t~ Avenue F2131
Robert Turcotte 1440 47th Avenue F2128
OccupancTId
30057
30073
30143
30149
Property Owner Name
Doris Jorgenson
Lyle Miller
Haakon Oksnevad
Haakon Oksnevad
Property' Address Permit #
1480 47th Avenue F1435
3923 Lookout F2167
3801 Van Buren F2479
3729 Van Buren F2478
Charlie Kewatt, Fire Chief
From:
Re:
Date:
Walt Fehst, City Manager
Charlie Kewatt
Rental Housing Licenses
10/20/1997
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. ! am requesting that they be placed on the next
council agenda for approval.
Columbia Heights Fire Dept
Re-Licensing Month: May 1997
Property Address
Permit #
Occupany I.D. Property Owner Name
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
10071 Brian Bona 4015 7th Street F2420
10077 Michael Shaffer 3717 Polk Street F2283
10081 Kevin McGinnity 4432 2nd Street F2145
10092 Donald Woods 4901 5th Street F2304
10501 Anoka County Community Action 1321 45-1/2 Avenue F2524
10502 Anoka County Community Action 3928 Tyler Street F2521
12006 Todd Braman 3879 Polk Street F2188
12025 William Westman 4909 Jackson Street F2137
12028 Donald Ol$on 206 42nd Avenue F2225
10/20/199 18:18 Page 1
Columbia Heights Fire Dept
Re-Licensing Month: May 1997
Property Address
Permit #
Occupany I.D. Property Owner Name
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
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
12058 Ronald Schloesser 4217 2nd Street F2192
12059 Marty Engebrit 4207 2nd Street F2147
10/20/199 18:18 Page 2
Columbia Heights Fire Dept
Re-Licensing Month: May 1997
Property Address
Permit #
Occupany I.D. Property Owner Name
12061 Stephen Stenger 3967 Polk Street F2222
12064 Alvin Schubkegei 2012 43rd Avenue F2156
12068 Diaa Hassan 4317 3rd Street F2175
12069 Nickolas Konopliv 1253 Circle Terrace F2140
12070 Elizabeth Langley 3833 Reservoir Boulevard F2212
12074 Gary Magliato 4608 Fillmore Street F2213
12176 Timothy Johnson 4949 Jackson Street F2162
12182 Jeffrey Caine 1343 Circle Terrace 00001
12182 Jeffrey Caine 1343 Circle Terrace F2233
20006 Michael Coty 1236 Circle Terrace F2148
20047 James Wegman 3959 Reservoir Boulevard F2182
20068 Donald Fischer 4919 Jackson Street F2189
20085 Lawerence Garner 3712 2nd Street F2181
20105 Thomas Bomberg 4852 Monroe Street F2142
20109 Mohsen Dessouki 4610 Fillmore Street F2313
20115 Dwight Jotblad 1116 45th Avenue F2143
20120 Gary Beck 679 46th Avenue F2171
20134 John $undeen 1153 Cheery Lane F2176
10/20/199 18:18 Page 3
Columbia Heights Fire Dept
Month: May 1997
Property Address
Permit #
Occupany I.D. Property Owner Name
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
20415 Waiter Caughey 3959 Polk Street F2220
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
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
10/20/199 18:18 Page 4
Columbia Heights Fire Dept
Re-Licensing Month: May 1997
Occupany I.D.
30123
Property Owner Name
Curtis Bostrom
Property Address
Permit #
4654 Tyler Street
F2161
30153
Willam Lueck
4616 Tyler Street
F2245
30154
Khaja Khan
4341 Tyler Place
F2172
Charlie Kewatt, Fire Chief
10/20/199 18:18 Page 5
To:
From:
Re:
Date:
Walt Fehst, City Manager
Charlie Kewatt
Rental Housing Licenses
10/21/1997
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
Re-Licensing Month:
June1997
Property Address
Permit #
Occupany I.D. Property, Owner Name
10030 Daniel lverson 4153 4th Street F2269
10039 Ernest Matt 4251 Jefferson Street F2234
10048 Joy Morris 3945 Main Street F2289
10049 Duom Thi Lam 4450 Madison Street F2223
10055 Michael Hildebrand 4344 3rd Street F2253
10059 Brian LeMon 5140 7th Street F2322
10080 Vern Nordahl 2106 41st Avenue F2240
10082 Frank Rasch 3956 Tyler Street F2244
10096 Hage-Kobany Investments 4235 Washington Street F2295
10112 Dean Doying Sr. 528 40th Avenue F2301
12036 Charles Meade 4916 Tyler Street F2247
12071 Rebecca Glover 3861 Edgemoor Place F2311
12106 Kenneth Henke 4427 2-1/2 Street F2306
10/21/199 13:22 Page 1
Columbia Heights Fire Dept
Re-Licensing Month: June 1997
Permit #
Occupany I.D. Property Owner Name Property Address
12128 Shirley Poore 4533 University Avenue F2256
12139 Thomas Hofich 1243 Circle Terrace F2218
12141 Ganga Ramnarine 4526 Tyler Street F2292
12166 Jai Ramnarine 4532 Tyler Street F2290
12179 W. LeRoy LaRocque 1200 Circle Terrace F2312
12180 David Fisher 4657 5th Street F2314
20017 Leo Jackels 1212 Circle Terrace F2279
20036 Joe Maciaszek 4351 Washington Street F2249
20037 Joe Maciaszek 4357 Washington Street F2250
20049 Nurhan Kasar 1215 Circle Terrace F2270
20065 Donald Hyland Jr. 4323 3rd Street F2267
20070 Stanley Van Blaricom 4500 Tyler Street F2302
20075 Edward Howe 1221 Circle Terrace F-2257
20082 Paul Dziedzic 4555 Fillmore Street F2284
20140 Donald Wendel 1272 Circle Terrace F2303
20147 Leroy Kuglin 1319 Circle Terrace F2219
20151 Kuo Chang 1356 Circle Terrace F2280
20202 Mark Erickson 3722 3rd Street F2539
10/21/199 13:22 Page 2
Columbia Heights Fire Dept
Re-Licensing Month: June 1997
Property Address
Permit #
Occupany i.D. Property Owner Name
20204 Patricia Anderson 3742 3rd Street F2309
20205 Emily Hebzynski 3746 3rd Street F2272
20227 Mark J. Zimmerman 1807 41st Avenue F2300
20249 Clarence Ranallo 1815 41 st Avenue F2264
20273 Roger Loberg 4315 Main Street F2266
20274 William Dombrowsky 4427 Main Street F2310
20277 Ronald Wilcox 4512 Monroe Street F2296
20287 Kenneth Peckels 4601 Pierce Street F2278
20311 David Ferrier 4631 Pierce Street F2307
20334 Donald Findell 4522 Tyler Street F-2258
20354 Herbert Aaker 3976 Van Buren Street F2241
20414 Duane Narog 1313 Circle Terrace F2361
30023 Harvey Kowalzek 4226 4th Street F1593
30043 Paul Yeh 4200 3rd Street F2287
30063 Mario Valtierrez 3849 Edgemoor Place F2254
30064 Michael Prokopiuk 3853 Edgemoor Place F2291
30096 Jim Crockett 1000 Peters Place F2325
30100 Robert Ostlund 3940 Peters Place F2271
10/21/199 13:22 Page 3
Columbia Heights Fire Dept
Re-Licensing Month: June 1997
Occupany I.D.
30101
Property Owner Name
Nelia Bulatao
Property Address
4655 Pierce Street
Permit #
F2330
30162
Daniel Larson
4556 Tyler Street
F2268
30169
Richard Larson
4201 3rd Street
F2276
Charlie Kewatt, Fire Chief
10/21/199 13:22 Page 4
To:
~r&m:
Re:
Date:
Walt Fehst, City Manager
'Charlie Kewatt
Rental Housing Licenses
10/21/1997
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
Re-Licensing Month: July 1997
Permit #
Occupany I.D. Property Owner Name Property Address
10045 Joseph Otremba 330 44th Avenue F2328
10051 Nistar Maharaj 1001 46th Avenue F2343
10057 Larry Truehart 4156 Central Avenue F2424
10073 Kunai Kamran 2215 45th Avenue F2388
10095 Richard Schlicht 501 40th Avenue F2338
10100 Bruce Ebner 3928 Central Avenue F2432
10106 Francis Job 4017 6th Street F2345
12051 Mostafa Chatraei 3800 Tyler Street F2386
12077 Alexander Moseychuk 5045 Jackson Street F2390
12078 Jane Johnson 5031 Jackson Street F2332
12085 Patrick Masloski 3728 Pierce Street F2391
12087 Robert Stark 4307 Madison Street F2334
12088 Jean Michaels 1717 37th Avenue F2385
10/21/199 17:33 Page 1
Re,Licensing Month:
Columbia Heights Fire Dept
July 1997
Property Address
Permit #
Occupany I.D. Property Owner Name
12089 Anthony Hamrin 4534 Fillmore Street F2377
12092 Wayne Laukala 4515 Fillmore Street F2371
12093 Darell Reed 4524 Fillmore Street F2337
12094 Vicki Hamilton 1026 45th Avenue F2601
12099 Phyllis Birch 1701 37th Avenue F2392
12101 John Zaccardi 3720 Pierce Street F2352
12102 Dale $imenson 1235 37th Avenue F2326
12124 Mike Hozempa 3804 3rd Street F2405
12181 Terry Roy 4211 Jackson Street F2375
12183 Thomas Piersak 5025 Jackson Street F2357
12183 Thomas Piersak 5025 Jackson Street CREDIT
20020 Leland Stauch 4545 Fillmore Street F2339
20021 Mark Lewis 1154 Cheery Lane F2427
20032 Sudesh Chhabra 4233 University Avenue F2373
20033 Sudesh Chhabra 4237 University Avenue F2372
20058 Andrea Smith 4157 Quincy Street F2351
20090 Robert Velst 5019 Jackson Street F2336
20099 Philip Smaby 1201 37th Avenue F2367
10/21/199 17:33 Page 2
Re-LiCensing Month:
Columbia Heights Fire Dept
July 1997
Property Address
Permit #
Occupany I.D. Property Owner Name
20117 Ping Luu 1214 45-1/2 Avenue F2358
20233 Frank Wagamon 5055 Jackson Street F2384
20247 Nelia Bulatao 4228 Madison Street F2378
20270 Walter Bauer 1428 42nd Avenue F2346
20278 Judy English 1401 Parkview Lane F2419
20279 Candace Peickert-Arndt 1415 Parkview Lane F2369
20282 Willam Shutte 3731 Pierce Street F2381
20363 Sharon Marz 4143 7th Street F2341
20381 Gary Peterson 3713 Buchanan Street F2441
20409 Audrey Stauch 4161 Tyler Street F2340
30051 Bernard Gulland 970 43-1/2 Avenue F2383
30052 Donald Chies 970 44th Avenue F2426
30060 Paul Haines 4225 Central Avenue F2363
30152 Paul Haines 4229 Central Avenue F2362
Charlie Kewatt, Fire Chief
10/21/199 17:33 Page 3
From:
Re:
Date:
Walt Fehst, City Manager
Charlie Kewatt
Rental Housing Licenses
10/21/1997
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
Re-Licensing Month: August 1997
Property Address
Permit #
Occupany I.D. Property Owner Name
10043 Bernard Ubl 3707 Johnson Street F2417
10084 Adeline Shuma 4105 Monroe Street F2194
10500 Anoka County Community Action 4349 5th Street F99
12007 Bruce Fischbach 4212 Washington Street F2437
12075 David Holton 654 47-1/2 Avenue F2507
12111 Kenneth Frenette 4616 Taylor Street F2423
12112 David Rottinghaus 4624 Taylor Street F2401
12115 Linda Rogers 1057 Polk Place F2408
12117 Frank Collins 1075 Polk Circle F2475
12118 Janet Nielsen 650 47-1/2 Avenue F2439
12119 Willam Dankel 660 47-1/2 Avenue F2509
12120 Robert Koponen 1035 Polk Place F2445
12122 Christine Fagnan 4602 Johnson Street F2403
10/21/199 18:16 Page 1
Columbia Heights Fire Dept
Re-Licensing Month: August 1997
Property Address
Permit #
Occupany I.D. Property Owner Name
12123 Stephen Hague 4110 Madison Street F2430
12125 Todd Robertson 4022 Madison Street F2481
12158 Shannon Brown 4634 Polk Street F2467
12161 Dorothy Langie 4527 Taylor Street F2468
12164 Gary Anderson 4630 Taylor Street F2473
12165 John Ranweiler 4648 Taylor Street F2447
12174 Kenneth Myhre 1143 Cheery Lane F2442
12185 Joseph Sturdevant 1043 Polk Place F2505
20001 Karen Frauly 4636 Johnson Street F2454
20015 James Dickinson 1725 37th Avenue F2448
20024 Jay Harris 1067 Polk Place F2449
20027 Joesph McGregor 1222 45-1/2 Avenue F2431
20069 Donald Fischer 4645 Taylor Street F2463
20071 Stanley Van Blaricom 4507 Taylor Street F2434
20072 Stanley Van Blaricom 4513 Taylor Street F2435
20073 Stanley Van Blaricom 4529 Taylor Street F2436
20118 Auren Kerntop 1300 45-1/2 Avenue F2506
20175 Gerald Grote 4144 Quincy Street F2504
10/21/199 18:16 Page 2
Re-Licensing Month:
Columbia Heights Fire Dept
August 1997
Property Address
Permit #
Occupany i.D. Property Owner Name
20238 Robert Koponen 3930 Johnson Street F2444
20241 Mahmoud Rifai 3985 Johnson Street F2503
20243 Anthony Wojciak 4628 Johnson Street F2466
20293 James Tiller 4600 Polk Street F2438
20299 Gerald Johnson 4655 Polk Street F2440
20315 Larry Larson 1087 Polk Circle F2510
20318 Mahmoud Rifai 1069 Polk Place F2502
20324 Steven Thoreson 4613 Taylor Street F2470
20325 Vern Elstad 4641 Taylor Street F2429
20327 Myron Ashton 4651 Taylor Street F3001
30095 Alan Avery 4201 Monroe Street F2458
30130 Theodore Novak 4635 University Avenue F2446
30131 Leo Lemke 4643 University Avenue F2450
30132 Leo Lemke 4649 University Avenue F2451
30133 Leo Lemke 4655 University Avenue F2452
30147 Daniel Shattuck 3925 3rd Street F2536
30500 Anoka County Community Action 3932 Central Avenue F9
10/21/199 18:16 Page 3
T~:
From:
Re:
Date:
Walt Fehst, City Manager
Charlie Kewatt
Rental Housing Licenses
10/22/1997
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
Re-Licensing Month: September 1997
Property Address
Permit #
Occupany I.D. Property Owner Name
10006 James Gersetich 3811 Tyler Street F2486
10026 David Utke 3947 Arthur Street F2501
10041 Michael Doody 3963 Jackson Street F2476
10053 Gary Skalicky 4220 Quincy Street F2488
10086 Richard Gripentrog 1816 44th Avenue F2499
10090 Leland Stauch 4311 Royce Street F3002
12130 Duncan McClellan 4422 Monroe Street F2514
12131 Judith Brunsell 1401 42-1/2 Avenue F2498
12134 Farzara Khan 966 44-1/2 Avenue F2480
12136 Patsy Sandsness 1214 43-1/2 Avenue F2490
20000 Candace Johnson 4622 Johnson Street F2495
20234 Thomas Kordiak 4017 Jefferson Street F2485
20258 Willam Lucking 1027 43-1/2 Avenue F2496
10/22/199 08:42 Page 1
.- Columbia Heights Fire Dept
Re-Licensing Month: September 1997
Property Address
Permit #
Occupany I.D. Property Owner Name
20269 Mulji Patel 939 42-1/2 Avenue F2497
20300 Thomas Gromek 4340 Quincy Street F2519
30128 James Hansen 4609 University Avenue F2493
Charlie Kewatt, Fire Chief
10/22/199 08:42 Page 2
CiTY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
*** EPILEPSY MONTH PROCLAMATION ***
WHEREAS:
There are more than 100/000 Minnesotans with some
form of epilepsy; and
WHEREAS:
Epilepsy is the second most common neurological
disfunction or physical impairment, not a disease,
but a disorder of the nervous system; and
WHEREAS:
Sixty percent of those persons who have epilepsy
are elementary school children or younger which is
approximately one child in every school classroom;
and
WHEREAS:
Early diagnosis and attention to the social and
neuroligical aspects of epilepsy will afford people
better control; and
WHEREAS:
There continues to be a need for improved education
and more information regarding public attitudes
toward understanding and accepting those persons
with epilepsy.
NOW, THEREFORE, BE IT RESOLVED, that I, Joseph Sturdevant,
Mayor of the City of Columbia Heights, do hereby proclaim the
month of November as
EPILEPSY MONTH IN THE CiTY OF COLUMBIA HEIGHTS
and encourage the residents of our City to increase their
awareness of the needs of those who have epilepsy.
Mayor Joseph Sturdevant
November, 1997
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
CITY COUNCIL LETTER
Meeting of October 27, 1997
AGENDA SECTION: PUB L! C HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER
Fire APPROVAL
NO: 7
ITEM: Close Hearing BY: Charlie Kewatt
Rental License Revocation~~//~.~ff.
/I
NO: 7 ~. DATE: October27, 1997
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
Anthony Wilczek regarding rental property at 3935 Tyler Street for failure to meet the requirements of the Housing
Maintenance Codes was previously scheduled to commence at the City Council meeting of October 27, 1997.
The public heating 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 Anthony Wilczek Regarding Rental Property at 3935 Tyler Street in that the Provisions
of the Housing Maintenance Code Have Been Complied With.
COUNCIL ACTION:
Close Heating Council Letter
CITY COUNCIL LETTER
Meeting of: October 27, 1997
AGENDA SECTION: PUBL! C HEARINGS ORIGINATING DEPT.: CITY MANAGER
NO: 7 Planning and Zonin~-~ APPROV~A~w
ITEM: Rezoning, St. Timothy's Church BY: Tina Goodro BY:
NO: Case ~97!0-33, 825 N.E. 51st Ave. DATE: October 22'-=1997
7. B.
The Planning and Zoning Commission reviewed the proposed rezoning of the St.
Timothy's Lutheran Church property located at 825 N.E. 51st Avenue from the current
"R-2", One and Two Family Residential, to "R-3", Multiple Family Residential. This
request includes onlv the church lot. This request is due to the rezoning of the
property immediately west of the church building to be addressed 805 N.E. 51st
Avenue. This property was rezoned from "R-2" to "R-3" to allow the construction of
a three story, senior apartment building.
The rezoned parcel will be legally described as Lots 7 and 8, lying east of the west
224 feet, Auditor's Subdivision No. 51, except the north 3.6 acres thereof, Anoka
County, Mn.
The reason for rezoning the church building property, which will retain the 825 N.E.
51st Avenue address, is to prevent the property at 805 N.E. 5!st Avenue being "spot
zoned". With this rezoning, both lots will be "R-3" and will serve as a buffer from
the "R-2" property to the south and commercial land to the east and north. The
church use itself will not become non-conforming as a church is a conforminq use in
any "R", Residential district.
The rezoning of the church building should have been included with the rezoning of
the land for the apartment building. However, due to communications between the
City and the developer, this was not included. Staff determined it could be done
immediately after approvals, if granted, were made. Staff also determined to do
this at the same time as the required Comprehensive Plan Amendment for this area.
This rezoning request is a way to make this entire area consistent zoning and
consistent with the Comprehensive Plan without creating a "spot zoning" situation.
Please remember that it will not change the use or intent of the church building
property, nor will it create a non-conforming use.
The first reading was held on October 13, 1997.
RECOMMENDED MOTION:
Move to waive the second reading of Ordinance ~1362 amending Ordinance ~853 as ample
copies are available to the public.
RECOMMENDED MOTION:
Move to approve Ordinance ~1362 an ordinance amending Ordinance #853, City Code of
1977.
COUNCIL ACTION:
ccag1097.no4
ORDINANCE NO. ! 362
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 PERTAINING TO THE
REZONING OF CERTAIN PROPERTY.
Section 1:
That certain property legally described as Lots 7 and $ lying East of the West 224
feet, Auditor's Subdivision No. 51, except the North 3.6 acres thereof, Anoka
County, 1Wmnesota, which is currently zoned R-2, One and Two Family
Residential, shall herea~er be zoned R-3, Multiple Family Residential.
Section 2:
This Ordinance shall be in full force and effect from and thirty (30) days after its
passage.
First Reading:
Second Reading:
Date of Passage:
October 13, 1997
Offered by:
Seconded by:
Roll Call:
Mayor Joseph Sturdevant
Jo-Anne Student, City Council Secretary
CITY OF COLUMBIA HEIGHTS
~pplicat£on
~ezoning
Var£ance
Privacy Fence
Conditional Use Permit
Subdivision Approval
Site Plan Approval
O:her
Street Address of Subject P=operty~
2. Legal Description of Subject P=opert?~
Appl£cat£on Date
Case No:
Fee ~
Date Paid
App1£can=:
Address:
Phone: Phone:
Zonin~ =
Applicable City Ordinance Number
Section
Present Zoning.
Proposed Zoning
Present Use
Proposed Use
Exhibits Submit=ed (maps. d£agrams, etc.)
Acknowledgment and S£~nature= The unders£Tned hereby r~presents upon all of the
penal=les of law, for ~he purpose of inducing =he City of Columbia ~ei~hts =o take ~he
action herein requested, that all statements herein are true and ~hat all york herein
mentioned will be done in accordance with the Ordinances of the City of Columbia Heights
and ,he lays of ~he $tate~sota.
Taken By:
CITY OF COLUMBIA HEIGHTS
Meeting of: October 27, 1997
AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER
NO: 7 Comm. Devel. Dept7/~.~'' APPROVAL
ITEM: SSCOND RSADING, 0RD;NANCF #1359 BY: Tina Good BY:
No: 7. C. DATE: Oct.
At the worksession meeting held September 15, 1997 City Council reviewed
the proposal from Bruce Nedegaard, President of First Choice Homes for
the purchase of 4619 Pierce for $16,000. His original bid was $15,000
but he agreed to a price of $16,000.
The home to be constructed will be similar in size and style to those
built in Heritage Heights. Federal restrictions will control the value
of the homes as both lots must be sold to a first-time homebuyer at or
below 80% of the median household income. *
RECOMMENDED MOTION: Move to waive the second reading of Ordinance ~1359
being an ordinance amending Ordinance #853, City Code of 1977, there
being ample copies available to the public.
RECOMMENDED MOTION: Move to approve Ordinance #1359 being an ordinance
amending Ordinance ~853, City Code of 1977.
*The first reading of this ordinance was held on October 13, 1997.
COUNCIL ACTION:
\bt\ letter \council
ORDINANCE NO, 1359
Being an ordinance amending Ordinance No. 853, City Code of 1977, Authorizing to convey
certain real estate located at 4619 Pierce Street N.E.
The City of Columbia Heights does ordain:
Section 1:
Section 2:
Section 3:
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
The City of Columbia Heights may convey unto First Choice Homes, the real
property described as follow, to wit:
That part of the South 60 feet of the North 120 feet of Lot Fifteen (15), lying East
of the West 95 feet thereof, also the South 60 feet of the North 120 feet of Lot
Sixteen (16), all in Block One (1), Sheffield's Subdivision, according to the plat
thereof on file in the Office of the Registrar of Titles of said Anoka County.
The Mayor and City Manager are herewith authorized to execute deeds to
effectuate the conveyance of said real estate for the purchase price of $16,000 and
subject to the terms, and conditions specified in the sale and development
agreement.
This ordinance shall be in full force and effect from and after thirty (30) days after
its passage.
October 13, 1997
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
FIRST
CHOICE
-HOMES
1814 NORTHDALE BLVD. COON RAPIDS, MN 55448 (612) 757-6614 E&X 757-0649
September 2, 1997
S~
- & ~99T
City of Columbia Heights
590 - 40th Avenue N.E.
Columbia Heights, MN 55421
RE: Lots on Pierce Street
Dear Ken:
It is my understanding that the lots on Pierce Street are coming available for
sate. First Choice Homes would like to purchase the two lots for $15,000 per lot
'and using the same conditions as we did for the Heritage Heights project. We
would like to purchase two lots instead of just one so we can keep the values up
as we did in the Heritage Heights area.
The values started at $112,500 and ended up at $175,000 in the Heritage
Heights project, which I feel has been a great attribute to the City for a good
clean-up project. This project has gone so good that I would hope the City would
consider doing more of a clean-up in our community.
If you should have any questions, please feel free to call me.
Thank You,
President
A DIVISION OF NEDEGAARD CONSTRUCTION COMPANY, INC.
LIC. NO. 20007056
CITY OF COLUMBIA HEIGHTS
Meeting of: October 27, 1997
AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER
NO:
7
Comm.
Devel
· Dept...~[^'~% APPROVAL . ~
ITEM: SSC0ND READING 0F 0RD, NAN C5 #1360 BY: Tins Goodro {~j BY:/.//~//~/~--~J/~--"'------
NO: 7 D. DATE: Oct. 21, 19~
At the worksession meeting held September 15, 1997 City Council reviewed
the proposal from Bruce Nedegaard, President of First Choice Homes for
the purchase of 4625 Pierce for $16,000. His original bid was $15,000
but he agreed to a price of $16,000.
The home to be constructed will be similar in size and style to those
built in Heritage Heights. Federal restrictions will control the value
of the homes as both lots must be sold to a first-time homebuyer at or
below 80% of the median household income. In addition the property at
4625 Pierce Street is restricted to a final value of $116.850. *
RECOMMENDED MOTION: Move to waive the second reading of Ordinance ~1360
being an ordinance amending Ordinance #853, City Code of 1977, there
being ample copies available to the public.
RECOMMENDED MOTION: Move to approve Ordinance #1360 being an ordinance
amending Ordinance ~853, City Code of 1977.
*The first reading of the ordinance was held on October 13, 1997.
COUNCIL ACTION:
\bt\letter\council
QRDENANCE NQ, 1360
Being an ordinance amending Ordinance No. 853, City Code of' 1977, Authorizing to convey
certain real estate located at 4625 Pierce St~-eet N.E.
The City o£Columbia Heights does ordain:
Section 1:
Section 2:
Section 3:
The City of Columbia Heights may convey unto First Choice Homes, the real
property described as follow, to wit:
That part of the North 60 feet of Lot F~een (15) lying East of the West 95 feet
thereof, also the North 60 feet of Lot Sixteen (16), all in Block One (1) Sheffield~s
Subdivision.
The Mayor and City Manager are herewith authorized to execute deeds to
effectuate the conveyance of said real estate for the purchase price of $16,000 and
subject to the terms, and conditions specified in the sale and development
agreement.
This ordinance shall be in full force and effect from and after thirty (30) days after
its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
October 13, 1997
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
FIRST
CHOICE
-HOMES
I814 NORTHDALE BLVD. COON RAP]DS, MN 55448 (612) 757-6614. FAX 757-0649
September 2, 1997
City of Columbia Heights
590 - 40"~ Avenue N.E.
Columbia Heights, MN 55421
RE: Lots on Pierce Street
Dear Ken:
It is my understanding that the lots on Pierce Street are coming available for
sale. First Choice Homes would like to purchase the two lots for $15,000 per lot
and using the same conditions as we did for the Heritage Heights project. We
would like to purchase two lots instead of just one so we can keep the values up
as we did in the Hedtage Heights area.
The values started at $112,500 and ended up at $175,000 in the Hedtage
Heights project, which I feel has been a great attribute to the City for a good
clean-up project. This project has gone so good that I would hope the City would
consider doing more of a clean-up in our community.
If you should have any questions, please feel free to call me.
Thank You,
President
A OIVI$iON OF NI::DEGAARD CONSTRUCTION COMPANY, INC.
LIC. NO. 20007056
CITY OF COLUMBIA HEIGHTS
Meeting of: October 27, 1997
AGENDA SECTION: Public Hearing ORIGINATING DEPT.:__~ CITY MANAGER
NO: 7 Comm. Devel. Dept. ,.~.j; APPROVAL
ITEM: SECOND READING OF ORDINANCE #1361 BY: Tina Goodrg~/ BY:
NO: 7.E. DATE: Oct. 21, 1~7~/
At the worksession on October 6, 1997 City Council reviewed the proposal
from Brigham Fanning for the purchase of 685 46 1/2 Avenue N.E. for
$14,600. This bid amount is $4,900 under the assessed value of $19,500.
The plans for a single family home with 1070.4 square feet and a three
car garage are attached for your review. The square footage meets the
minimum requirement. I expect the home value will exceed $100,000.
I spoke with Mr. Fanning regarding the bid price and he is standing with
$14,600. He has met with his builder who feels it is necessary to
remove 4 or 5 very large mature trees. The lowest price Mr. Fanning has
found is $1,200 per tree for a minimum cost of $5,000 - $6,000. Due to
this cost he does not want to increase his bid amount. However, he is
very interested in the lot and hopes to be awarded this bid.
This lot is situated on a hill and the home will be in the directional
view of the Hilltop Trailer Park. I have not received any other bids
for this lot in the last three years and the City has owned it since
1994.
The first reading of the ordinance was held on October 13, 1997.
RECOMMENDED MOTION: Move to waive the second reading of Ordinance ~1361
being an ordinance amending Ordinance ~853, City Code of 1977, there
being ample copies available to the public.
RECOMMENDED MOTION: Move to approve Ordinance ~1361 being on ordinance
amending Ordinance ~853, City Code of 1977.
COUNCIL ACTION:
\bt\letter\council
ORDINANCE NQ, 1361
Being an ordinance amending Ordinance No. 853., City Code of 1977, Authorizing to convey
certain real estate located at 685 46 ½ Avenue N.E.
The City of Columbia Heights does ordain:
Section 1:
Section 2:
Section 3:
The City of Columbia Heights may convey unto First Choice Homes, the real
property described as follow, to wit:
The easterly ninety-seven feet (E'ly 97') of Lot Twenty-four (24) Sheffield Acres,
according to the recorded plat thereof on record in the office of the Register of
Deeds, Anoka County, Minnesota.
The Mayor and City Manager are herewith authorized to execute deeds to
effectuate the conveyance of said real estate subject to the terms, purchase price,
and conditions specified in the attached agreement.
This ordinance shall be in full force and effect from and after thirty (30) days after
its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
October 13, 1997
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Iit I t I
I
I
I
SALE AND DEVELOPMENT AGREEMENT
RELATING TO
BY AND BETWEEN THE
CITY OF COLUMBIA HEIGHTS
AND
AND DEVELOPMENT AGR~.EM~.NT
THIS AGR~.EM~.NT, made and entered into this day of
, 1997, by and between the City of Columbia Heights
(hereinafter called the "City"), and
(hereinafter called the "Developer");
WITNESSETH THAT, in the joint and mutual exercise of
their powers and in consideration of the mutual covenants contained
herein, the parties recite and agree as follows:
Section 1. Recitals.
1.01. The Property. The City now owns the property
described in the attached Exhibit "A", (the "Property"), located in
the City of Columbia Heights, Anoka County, Minnesota.
1.02. Facilities and Project. The Developer, in
accordance with City approval, plans to construct or cause to be
constructed on the Property a single family home. The Developer
shall provide the City with a copy of its plans and specifications
showing details on the style, exterior architectural features,
materials, color selections, etc. cf the home to be constructed,
which plans and specifications shall be submitted to the City for
review and approval prior to the issuance of any building permits
on the property by the City of Columbia Heights.
Section 2. Sale/Purchase of Property.
2.01. Sale. The City agrees to sell the Property to
Developer and the Developer agrees to purchase the Property from
the City for the purchase price of $ . Developer shall
begin construction of the home within eighteen (18) months of the
date of execution of this Agreement and shall complete construction
within thirty (30) months from said start date, at which time the
City will convey fee title to the property by Quit Claim Deed to
Developer.
Section 3. Developer,s ReDresentations. The Developer hereby
represents, warrants and covenants to the City that:
3.01 Compliance. The Developer will comply with and
duly and promptly perform all .of its obligations under this
Agreement and all related documents and instruments. Developer.
will also*comply with all State and local codes/ordinances.
Section 4. Developer's Undertakings.
4.01 New Construction. Developer shall be solely responsi-
ble for the construction, marketing and sale of the single family home
on the Property.. The minimum selling price (or estimated market value
if homesteaded and not sold) of said home shall be $85,000.00. .
4.02 Floor Plan. Developer will be responsible for
submitting to the City, and obtaining pre-approval of the floor plan
and front 'elevation of the home proposed to be constructed on the
Property. Said pre-approval must be obtained before the City of
Columbia Heights will issue any building permits to Developer.
4.03 Fees and Charges. The Developer will pay, when due,
all permit fees, connection charges, user charges or other charges
lawfully imposed by the City of Columbia Heights with respect to the
Property. Upon conveyance of the Property by the City, Developer
agrees to be responsible for payment of all recording fees and
transfer taxes resulting from the transfer of the Property.
4.04 Existing Improvements. The Developer will be
responsible for removing any existing structure, foundation and debris
from the property and will assure that water and sewer services are
stubbed to the boulevard at no cost to the City. The Property is
currently vacant of any structure(s).
Section 5. City Undertakings.
Section 6. Default.
6.01. Default. The failure to meet any condition of this
Agreement shall be an event of default.
6.02. Remedies. if an event of default occurs and is not
cured within 30 days of receiving written notice of said default, the
City may take one or more of the following actions:
a. suspend performance under this Agreement;
terminate the Agreement, thereby rendering void
any promises or approvals contained in this
Agreement;
retain bidder guarantee submitted as cash, cashier's
check, or money order in the amount of $1,~000.00.
SectiOn 7. Notices. Ail notices hereunder shall be in writing and
either delivered personally or mailed by certified mail, postage
prepaid, addressed to the parties at the following addresses:
City
City of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, MN 55421-3878
Developer
IN WITNESS WHEREOF, the City and Developer have caused this
Agreement to be executed the day and year first above written.
CITY OF COLUMBIA HEIGHTS
By:
Its: Mayor
By-
Its: City Manager
By:
Developer
STATE OF MINNESOTA )
COUNTY OF ANOKA )
On this day of , 1997, before me, a Notary Public
within and for said County, appeared to me personally known, who,
being by me duly sworn, did say that he/she is
named in the foregoing instrument, the Mayor of Columbia Heights, a
.body corporate and politic under the laws of the State of Minnesota,
and that this instrument was signed as his/her free act and deed.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this day of , 1997, before me, a Notary Public
within and for said County, appeared to me personally known, who,
being by me duly sworn, did say that he is
named in the foregoing instrument, the City Manager of the City of
Columbia Heights, a body corporate and politic under the laws of the
State of Minnesota, and that this instrument was signed as his free
act and deed.
'Notary Public
STATE OF MINNESOTA )
)
COUNTY OF ANOKA )
SS.
On this day of , 1997, before me, a Notary Public
within and for said County, appeared to me personally known, who,
being by me duly sworn, did say that he/she is
named in the foregoing instrument, and that this instrument was signed
as his/her free act and deed.
Notary Public
bt/tinag
CITY OF COLUMBIA HEIGHTS
Meeting of: October 27, 1997
AGENDA SECTION: PUBLI C HEAR I NGS ORIGINATING DEPT.: CITY MANAGER
NO: 7 Comm. Devel. Dept. APPROVAL
ITEM: Housing Tax Increment Financing BY: Ken Anderson BY:
District No. 2. 7F DATE: Oct 24, 1997//~F~-
BACKGROUND: The proposed Tax Increment Financing Plan for the establishment of Housing Tax
Increment Financing District No. 2 (a housing district) is attached for review and
consideration by the City Council. This district is proposed to be established to facilitate
construction of a 70 unit, three-story senior apartment building on a 2.28 acre parcel
currently owned by St. Timothy's Lutheran Church. The proposed project has secured most of
the necessary planning and zoning approvals from the Planning and Zoning Commission and City
Council.
Attached is a TIF District Overview from Ehlers and Associates which summarizes the basic
elements of the proposed TIF Plan. You will also find a draft resolution of the City Council
establishing the district and adopting the TIF Plan for Housing District No. 2. The EDA
approved the establishment of the District on October 21 and referred the plan to the City
Council for public hearing and adoption. The Planning and Zoning Commission also adopted a
resolution on October 7, 1997 stating that the TIF Plan conforms to the general development
plan of the City. The County Board also heard a presentation on the proposed district from
the Community Development Director on October 14, 1997. A certified motion of the County
Board relating to the presentation is attached to this council letter.
ANALYSIS: The TIF district is being proposed to offset eligible development costs including
land acquisition, site improvements, utility installation, interest and administrative costs.
The TIF contribution will serve to reduce the rents to be paid by the residents to enhance
the affordability of the units. The estimated annual increment is $102,194. The developer
and proposed owner/manager, Nedegaard Custom Homes, Inc. and Outreach Six Acres,
respectively, have requested TIF assistance for 100% of the increment for the first three
years and 90% thereafter for a maximum term of 10 years. Staff has some concern regarding
the impacts on rent for the facility tenants at the time the TIF assistance would terminate.
To prevent a significant one year hike in rents necessary to meet debt service and ongoing
operational expenses, we are proposing that the owner/manager provide a proforma and audited
financial statements illustrating project expenses every two years. If the debt service
coverage ratio exceeds a prescribed maximum then a prorata share of the excess funds would
be set aside in a dedicated account or escrow fund. The monies in this account would be
available to meet some of the expenses in the initial years after TIF assistance terminates
and can be used to phase in rent increases over time.
This Plan calls for TIF payments to be made on a pay-as-you-go basis. This means that
payments will only be made if taxes are current and increment is available to the project.
Therefore, no bonds or indebtedness will be incurred by the EDA or City. However, the TIF
statutes require a local government aid/homestead agricultural aid penalty or a local
contribution to be made to the project. The local contribution for this type of district
(housing) is 10% of the tax increment revenue. Therefore, the City will need to budget funds
to meet this local contribution.
A meeting was held at HUD between the developer, owner, and HUD officials to discuss their
commitment to provide a 40 year guarantee on the financing for the project. HUD officials
were very optimistic that the guarantee would be provided, but as yet have not confirmed a
commitment to do so. This optimism was based, in pa~t, on the findings of the market study,
which showed demand for approximately 258 units in the immediate area of Columbia Heights and
total demand of about 345 units including the demand from outside the area. HUD staff will
be touring Margaret Place in Coon Rapids to view the commercial kitchen and other services
provided.
While all the terms of the project financing have not been finalized, the TIF District may
be established and adopted by the City Council after the public hearing. There are three
basic options to consider. The first option will allow the district to 1) be certified to
the County, and 2) building permits to be issued subject to meeting all City procedural
requirements and subject to adoption of the necessary Private Contract for Redevelopment
(development agreements). An alternative course of action, Option 2, would be
~ou~ing Tax Increment Financing District No. 2. Page 2 of 2
to hold the public hearing, but not take action to approve the City Council resolution until
all terms of the development agreement have been negotiated and agreed upon.
The third option would be for the Council to move to deny the establishment of Housing Tax
Increment Financing District No. 2 and the related tax increment financing plan. If this
option is selected, the rent increases necessary to meet the operational expenses and debt
service without the eligible costs paid with TIF assistance would be substantial. The
average increase in rent would be $109.52 per month, per unit without the TIF contribution.
Therefore, the development would not occur without the use of TIF since the rents will not
be affordable for this market.
Option i will expedite the process and finalize the adoption process for the TIF District.
Commencing further with the project will still require EDA/City Council approval of the
development agreement. We have been proceeding at a staff level to insure there would be no
construction delays as a result of EDA/City requirements. It is my understanding that the
church and developer/owner still need to complete the land sale process. From a City stand-
point, a construction start in November may still be possible.
CONCLUSION: Staff recommends the City Council hold the public hearing to receive and
consider public comment, staff further recommends the Council move to approve the enclosed
resolution which will authorize the establishment of Housing District No. 2.
RECOMMENDED MOTION: Move to waive the reading of Resolution 97-58 , there being ample copies
available to the public.
RECOMMENDED MOTION: Move to approve Resolution 97- 58, Resolution Establishing within the
Central Business District Redevelopment Project Housing Tax Increment Financing District No.
2 (a housing district) and Adopting the Related Tax Increment Financing Plan Therefor.
COUNCIL ACTION:
\bt\letter\council
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY
STATE OF MINNESOTA
Council member
introduced the following resolution and moved its adoption:
RESOLUTION NO. 9 7- 5 8
RESOLUTION ESTABLISHING WITHIN THE CENTRAL BUSINESS DISTRICT
REDEVELOPMENT PROJECT HOUSING TAX INCREMENT FINANCING
DISTRICT NO. 2 AND ADOPTING THE RELATED TAX INCREMENT
FINANCING PLAN THEREFOR.
BE IT RESOLVED by the City Council (the "Council") of the City of Columbia Heights, Minnesota
(the "City"), as follows:
Section 1. Recitals.
1.01. The City has heretofore established the Central Business District Redevelopment Project and
adopted the Redevelopment Plan therefor. It has been proposed that the City establish within the Central
Business District Redevelopment Project Housing Tax Increment Financing District No. 2 ("Housing District
No. 2") and adopt the related Tax Increment Financing Plan therefor (the "Plan"); all pursuant to and in
conformity with applicable law, including Minnesota Statutes, Sections 469.001 through 469.047; 469.090
through 469.1081; and 469.174 to 469.179, all inclusive, as amended, all as reflected in the Plan, and
presented for the Council's consideration.
1.02. By resolution approved January 8, 1996, the City transferred the control, authority and
operation of the Project from the Columbia Heights Housing and Redevelopment Authority ("HRA") to the
Columbia Heights Economic Development Authority (the Authority).
1.03. The Council has investigated the facts relating to the Plan.
1.04. The City has performed all actions required by law to be performed prior to the adoption and
approval of the proposed Plan, including, but not limited to, notification of Anoka County and School District
No. 13 having taxing jurisdiction over the property to be included in Housing District No. 2, notice of a
potential housing district to the local county commissioner, a review of and written comment on the Plan by
the City Planning and Zoning Commission, and the holding of a public hearing upon published notice as
required by law.
1.05. Certain written reports (the "Reports") relating to the Plan and to the activities contemplated
therein have heretofore been prepared by staff and submitted to the Council and/or made a part of the City files
and proceedings on the Plan. The Reports include data, information and/or substantiation constituting or
relating to (1) the "studies and analyses" on why the new Housing District No. 2 meets the so-called "but for"
N:~M IN NSOTA\COLHTSL!ISGTIF2\CITY. RES
test; and (2) the bases for the other findings and determinations made in this resolution. The Council hereby
confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this
resolution to the same extent as if set forth in full herein.
1.06. By resolution dated October 21, 1997, the Authority approved the TIF Plan and referred it to
the Council for public hearing and consideration.
Section 2. Findings for the Adoption and Approval of the Plan.
2.01. The Council hereby finds that the Plan, is intended and, in the judgment of this Council, the
effect of such actions will be, to provide an impetus for development in the public purpose and accomplish
certain objectives as specified in the Plan, which are hereby incorporated herein.
Section 3. Findings for the Establishment of Housing Tax Increment Financing District No. 2.
3.01. The Council hereby finds that Housing Tax Increment Financing District No. 2 is in the public
interest and is a "housing district" under Minnesota Statutes, Section 469.174, subd. 11.
3.02. The Council further finds that the proposed development would not occur solely through
private investment within the reasonably foreseeable future and that the increased market value on the site that
could reasonably be expected to occur without the use of tax increment financing would be less than the
increase in the market value estimated to result from the proposed development after subtracting the present
value of the projected tax increments for the maximum duration of Housing District No. 2 permitted by the
Tax Increment Financing Plan, that the Plan conforms to the general plan for the development or
redevelopment of the City as a whole; and that the Plan will afford maximum opportunity consistent with the
sound needs of the City as a whole, for the development of Housing District No. 2 by private enterprise.
3.03. The City elects to make a qualifying local contribution in accordance with Minnesota Statutes,
Section 273.1399, subd. 6(d), in order to qualify Housing District No. 2 for exemption from state aid losses
set forth in Section 273.1399 subd. 6(c).
3.04. The Council further finds, declares and determines that the City made the above findings
stated in this Section and has set forth the reasons and supporting facts for each determination in writing,
attached hereto as Exhibit A.
Section 4. Approval and Adoption of the Plan.
4.01. The Plan, as presented to the Council on this date, including without limitation the findings
and statements of objectives contained therein, is hereby approved, ratified, established, and adopted and shall
be placed on file in the office of the Executive Director of the Authority.
4.02. The geographic boundaries of Housing District No. 2 are described in the Plan therefor and
are incorporated herein by reference.
4.03. The staff of the City, the City's advisors and legal counsel are authorized and directed to
proceed with the implementation of the Plan and to negotiate, draft, prepare and present to this Council for its
N :'dvf INNSOTA\COLHTS\HSGTIF2\C ITY.RES
consideration all further plans, resolutions, documents and contracts necessary for this purpose.
4.04 The Auditor of Anoka County is requested to certify the original net tax capacity of Housing
District No. 2, as described in the Plan, and to certify in each year thereafter the amount by which the original
net tax capacity has increased or decreased; and the City of Columbia Heights is authorized and directed to
forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify,
together with a list of all properties within Housing District No. 2, for which building permits have been issued
during the 18 months immediately preceding the adoption of this resolution.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: October 27, 1997
ATTEST:
Mayor City Manager
(Seal)
N:\MINNSOTA\COLHTS~HSGTIF2\CITY. RES
EXHIBIT A
RESOLUTION # 9 7= 5 8
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for
Housing Tax Increment Financing District No. 2, ("Housing District No. 2") as required pursuant to Minnesota
Statutes, Section 469.175, Subdivision 3 are as follows:
Finding that Housing District No. 2 is a "housing district" as defined in Minnesota Statutes, Section
469.174, Subdivision 11.
Housing District No. 2 consists of 1 parcel. The development will consist of a senior rental apartment
building whose residents will meet one of the following income limitations:
At least 20% of the units will be occupied by persons with incomes at 50% or less of median gross
income ($20,050 for households with 1 person or $22,900 for households with 2 people in 1997);
At least 40% of the units will be occupied by persons with incomes at 60% or less of median gross
income, ($24,060 for households with 1 person or $27,480 for households with 2 people in 1997);
or
At least 50% of the units will be occupied by persons with incomes at 80% or less of median gross
income ($30,450 for households with 1 person or $34,800 for households with 2 people in 1997).
The market value of non-assisted housing or commercial property will be less than 20 percent of the total fair
market value of the planned improvements.
Finding that the proposed development, in the opinion of the Council, wouM not reasonably be expected to
occur solely through private investment within the reasonably foreseeable future and that the increased
market value of the site that could reasonably be expected to occur without the use of tax increment
financing would be less than the increase in the market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the maximum duration
of the district permitted by the plan.
Due to the high cost of building affordable new housing in the City and the cost of financing the proposed
public improvements, this project is feasible only through assistance, in part, from tax increment financing.
A comparative analysis of estimated market values both with and without establishment of Housing Tax
Increment Financing District No. 2 and the use of mx increments has been performed as described above.
If all development which is proposed to be assisted with mx increment were to occur in Housing District No.
2, the total increased market value would be up to $2,400,000. It is the Council's finding that no
development with a market value of greater than $1,564,031 would occur without mx increment assistance
in this district within 25 years. This finding is based upon evidence from general past experience with the
high cost of acquisition, site improvements and public utilities in the general area of Housing District No.
2.
Finding that Housing District No. 2 conforms to the general plan for the development or redevelopment of
the municipality as a **'hole.
The Plan was reviewed by the Planning and Zoning Commission on October 7, 1997. The Planning and
Zoning Commission found that the Plan conforms to the general development plan of the City.
N :~IIN NSOTA\COLHTS\HSGTIF'2\CITY ~RES
Finding that Tax Increment Financing Plan for Housing Dtstrict No. 2 will afford maximum opportunity,
consistent with the sound needs of the CiO, as a whole, for the development of the Central Business District
Redevelopment Project by private enterprise.
Through the implementation of the Plan, the City or Authority will provide an impetus for affordable senior
residential development, desirable or necessary for increased population with the City.
N :~vl INNSOTA\COLHTS~ISGTIF2\C ITY.RES
Ehlers and Associates
Tax Increment Financing District Overview
City of Columbia Heights - Housing Tax Increment Financing District No. 2
The following summary contains an overview of the basic elements of the proposed Tax Increment Financing
Plan for Housing Tax Increment Financing District No. 2. More detailed information on each of these topics
can be found in the complete TIF Plan.
Proposed action: Establishment of Housing Tax Increment Financing
District No. 2 and the adoption of a plan for the
District.
Development Program: No modifications
Type of TIF District: Housing District
Location: Intersection of 51 st Avenue and Jackson Street
Proposed development: Construction of a 70 unit senior housing facility
located near St. Timothy's Lutheran Church
Maximum duration: 25 years from receipt of first tax increment, but
expected to be 15 years
Estimated annual tax increment: $102,194
Proposed uses: The TIF Plan contains the following budget
(maximums only).
Land Acquisition ................. $300,000
Site Improvement .................. 425,000
Public Utilities ................... 100,000
Interest .......................... 750,000
Administrative Costs .............. 175,000
TOTAL ...................... $1,750,000
Form of financing: Pay-as-you-go
(Payments are only made if increment is available.)
Administrative fee: Up to 10% of annual increment, if costs are justified.
LGA/HACApenaityLocalcontribution: The City elects to make a qualifying local
contribution. The local contribution for a housing
district is equivalent to 10% of the tax increment
revenue.
TIF District Overview
Required findings by the City Council: Evidence
1. Housing District No. 2 is a housing district
as defined in M.S., Section 469.174, Subd.
11.
2. The proposed development, in the opinion
of the City Council, would not reasonably
be expected to occur solely through private
investment within the reasonably
foreseeable future and that the increased
market value of the site that could
reasonably be expected to occur without
the use of tax increment financing would
be less than the increase in the market
value estimated to result from the proposed
development after subtracting the present
value of the projected tax increments for
the maximum duration of Housing District
No. 2 permitted by the Plan.
3. The Tax Increment Financing Plan for
Housing District No. 2 conforms to the
general plan for the development or
redevelopment of the municipality as a
whole.
1. Housing District No. 2 congists of 1 parcel. The
development will consist of a senior rental
apartment building whose residents will meet one
of the following income limitations:
· At least 20% of the units will be occupied by
persons with incomes at 50% or less of median
gross income ($20,050 for households with 1
person or $22,900 for households with 2 people
in 1997);
· At least 40% of the units will be occupied by
persons with incomes at 60% or less of median
gross income, ($24,060 for households with 1
person or $27,480 for households with 2 people
in 1997); or
· At least 50% of the units will be occupied by
persons with incomes at 80% or less of median
gross income ($30,450 for households with 1
person or $34,800 for households with 2 people
in 1997).
The market value of non-assisted housing or
commercial property will be less than 20 percent of
the total fair market value of the planned
improvements.
If all development which is proposed to be assisted
with tax increment were to occur in Housing
District No. 2, the total increased market value
would be up to $2,400,000. It is the Council's
finding that no development with a market value
of greater than $1,564,031 would occur without
tax increment assistance in this district within 25
years. This finding is based upon evidence from
general past experience with the high cost of
acquisition, site improvements and public utilities
in the general area of Housing District No. 2.
The Plan was reviewed by the Planning and
Zoning Commission on October 7, 1997. The
Planning and Zoning Commission found that the
Plan conforms to the general development plan .of
the City.
Page 2
TIF Distric~ Overview
Required findings by the City Council: Evidence (continued)
4. The Tax Increment Financing Plan for
Housing District No. 2 will afford
maximum opportunity, consistent with the
sound needs of the City as a whole, for the
development or redevelopment of the
Central Business District Redevelopment
Project by private enterprise
4. Through the implementation of the Plan, the City or
EDA will provide an impetus for affordable senior
residential development, desirable or necessary for
increased population with the City.
N :~vl I NNSOTA\COLI-1TSkHS GTI F2kS U M MARY.
Page 3
I Draft as of October 20, 1997
Draft for City Council Approval
TAX INCREMENT FINANCING PLAN
for the establishment of
HOUSING TAX INCREMENT FINANCING DISTRICT NO. 2
(a housing district)
within
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY
STATE OF MINNESOTA
Public Hearing: Oc.tober 27, 1997
Adopted:
Prepared by:
EHLERS AND ASSOCIATES, INC.
2950 Norwest Building
90 South Seventh Street
Minneapolis, Minnesota 55402-4100
Phone: (612) 339-8291
Fax: (612)339-0854
E-mail: info@ehlers-inc.com
Web Site: www.ehlers-inc.com
TABLE OF CONTENTS
(for reference purposes only)
SECTION III- TAX INCREMENT FINANCING PLAN FOR HOUSING TAX INCREMENT
FINANCING DISTRICT NO. 2 .................................................. 3-1
Subsection 3-1.
Subsection 3-2.
Subsection 3-3.
Subsection 3-4.
Subsection 3-5.
Subsection 3-6.
Subsection 3-7.
Subsection 3-8.
Subsection 3-9.
Subsection 3-10.
Subsection 3-11.
Subsection 3-12.
Subsection 3-13.
Subsection 3-14.
Subsection 3-15.
Subsection 3-16.
Subsection 3-17.
Subsection 3-18.
Subsection 3-19.
Subsection 3-20.
Subsection 3-21.
Subsection 3-22.
Subsection 3-23.
Subsection 3-24.
Subsection 3-25.
Subsection 3-26.
Subsection 3-27.
Subsection 3-28.
Subsection 3-29.
Subsection 3-30.
Subsection 3-31.
Foreword .................................................... 3-1
Statutory Authority ............................................. 3-1
Statement of Objectives ......................................... 3-1
Revitalization Plan Overview ..................................... 3-1
Legal Description of Property in Housing Tax Increment
Financing District No. 2 ......................................... 3-2
Classification of Housing Tax Increment Financing District No. 2 ........ 3-2
Original Tax Capacity and Tax Rate ............................... 3-2
Estimated Captured Net Tax Capacity Value/Increment ................ 3-3
Property To Be Acquired ........................................ 3-3
Uses of Funds ................................................. 3-4
Sources of Revenue/Bonded Indebtedness ........................... 3-4
Definition of Tax Increment Revenues .............................. 3-5
Duration of Housing Tax Increment Financing District No. 2 ............ 3-5
Estimated Impact on Other Taxing Jurisdictions ...................... 3-5
Modifications to Housing Tax Increment Financing District No. 2 ........ 3-6
Administrative Expenses ........................................ 3-7
Limitation of Increment ......................................... 3-7
Use of Tax Increment ........................................... 3-8
Notification of Prior Planned Improvements ......................... 3-9
Excess Tax Increments .......................................... 3-9
Requirements for Agreements with the Developer ..................... 3-9
Assessment Agreements ........................................ 3-10
Administration of Housing Tax Increment Financing District No. 2 ...... 3-10
Financial Reporting Requirements ................................ 3-10
Municipal Approval and Public Purpose ........................... 3-12
Fiscal Disparities Election ...................................... 3-13
Other Limitations on the Use of Tax Increment ...................... 3-13
State Tax Increment Financing Aid ............................... 3-14
County Road Costs ............................................ 3-14
Economic Development and Job Creation .......................... 3-15
Summary .................................................... 3-15
APPENDIX A - BOUNDARY MAPS OF CENTRAL BUSINESS DISTRICT REDEVELOPMENT
PROJECT AND HOUSING TAX INCREMENT FINANCING DISTRICT NO. 2 ......... A-1
APPENDIX B - LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN
HOUSING TAX INCREMENT FINANCING DISTRICT NO. 2 ....................... B-1
APPENDIX C - ESTIMATED CASH FLOW FOR HOUSING TAX INCREMENT FINANCING
DISTRICT NO. 2 ............................................................. C-1
SECTION III
TAX INCREMENT FINANCING PLAN FOR HOUSING TAX INCREMENT FINANCING
DISTRICT NO. 2
Subsection 3-1. Foreword
The City of Columbia Heights ("City"), the Columbia Heights Economic Development Authority (the "EDA"),
staff and consultants have prepared the following information to expedite the establishment of Housing Tax
Increment Financing District No. 2 ("Housing District No. 2"), a housing tax increment financing district,
located in the Central Business District Redevelopment Project.
Subsection 3-2. Statutory Authority
Within the City, there exist areas where public involvement is necessary to cause development or
redevelopment to occur. To this end, the City and EDA have certain statutory powers pursuant to Minnesota
Statutes ("M.S. "), Sections 469.090 through 469.1081, inclusive, as amended, and M.S., Sections 469.174
through 469.179, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in
financing public costs related to this project.
This Section contains the Tax Increment Financing Plan (the "Plan") for Housing District No. 2. Other
relevant information is contained in the Revitalization Plan for the Central Business District Redevelopment
Project.
Subsection 3-3. Statement of Objectives
Housing District No. 2 currently consists of 1 parcel of land and adjacent and intemal rights-of-way. This
parcel is in the process of being subdivided. Housing District No. 2 is being created to facilitate construction
of a 70 unit senior housing facility located near St. Timothy's Lutheran Church in the City of Columbia
Heights. The facility is proposed to be owned by a non-profit organization. This plan is expected to achieve
many of the objectives outlined in the Revitalization Plan for the Central Business District Redevelopment
Project.
The activities contemplated in the present Revitalization Plan and the Tax Increment Financing Plan do not
preclude the undertaking of other qualified development or redevelopment activities. These activities are
anticipated to occur over the life of Housing District No. 2 and the Central Business District Redevelopment
Project.
Subsection 3-4. Revitalization Plan Overview
Property to be Acquired - All property located within Housing District No. 2 may be
acquired by the City or EDA and is further described in this Plan.
Relocation - Complete relocation services are available pursuant to M.S., Chapter 117 and
other relevant state and federal laws.
Upon approval of a developer'splan relating to the project and comple, tion of the n.ecess, ary
legal requirements, the City or EDA may sell to a develoDer selected properties mat tlaey
may acquire within Housing District No. 2 or may lease rand or facihties to a developer.
The City or EDA may perform or provide for some or all necessary acquisition,
construction, relocation, demolition, and required utilities and public streets work within
Housing District No. 2.
Columbia Heights EDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-1
Subsection 3-5. Legal Description of Property in Housing Tax Increment Financing District No. 2
Housing District No. 2 encompasses all property and adjacent rights-of-way identified by the parcel listed
below. Please see the map in Appendix A for further information on the location of Housing District No. 2.
Legal Description
West 224.00 feet of Lots 7 and 8, Auditors subdivision No. 51,
except the North 3.6 acres thereof Anoka County, Minnesota
A portion of the following Parcel Number
26-30-24-11-0008
Subsection 3-6. Classification of Housing Tax Increment Financing District No. 2
The City and EDA, in determining the need to create a tax increment financing district in accordance with
M.S., Sections 469.174 to 469.179, as amended, inclusive, find that Housing Tax Increment Financing District
No. 2, to be established, is a housing district pursuant to M.&, Section 469.174, Subd. 11 as defined below:
"Housing district" means a type of tax increment financing district which consists ora project, or a
portion ora project, intended for occupancy, in part, by persons or families of Iow and moderate
income, as defined in chapter 462A, Title H of the National Housing Act of 1934, the National Housing
Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949,
as amended, any other similar present or future federal, state, or municipal legislation, or the
regulations promulgated under any of those acts. A project does not qualify under this subdivision if
the fair market value of the improvements which are constructed for commercial uses or for uses other
than low and moderate income housing consists of more than 20 percent of the total fair market value
of the planned improvements in the development plan or agreement. The fair market value of the
improvements may be determined using the cost of construction, capitalized income, or other
appropriate method of estimating market value.
In meeting the statutory criteria described above, the City and EDA rely on the following facts and findings:
Housing District No. 2 consists of 1 parcel.
The units will meet one of the following requirements:
At least 20% of the units will be occupied by persons with incomes at 50% or less of median
gross income ($20,050 for households with 1 person or $22,900 for households with 2 people
in 1997);
· At least 40% of the units will be occupied by persons with incomes at 60% or less of median
gross income, ($24,060 for households with 1 person or $27,480 for households with 2 people
in 1997); or
· At least 50% of the units will be occupied by persons with incomes at 80% or less of median
gross income ($30,450 for households with 1 person or $34,800 for households with 2 people
in 1997).
Subsection 3-7. Original Tax Capacity and Tax Rate
Pursuant to M.&, Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity
(ONTC) as certified for Housing District No. 2 is based on the market values placed on the property by the
assessor when the property is converted to rental use. Currently the property is exempt.
Columbia Heights EDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-2
Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning
in the payment year 1999) the amount by which the original value has increased or decreased as a result of:
2.
3.
4.
5.
6.
change in tax exempt status of property;
reduction or enlargement of the geographic boundaries of the district;
change due to adjustments, negotiated or court-ordered abatements;
change in the use of the property and classification;
change in state law governing class rates; or
change in connection with previously issued building permits.
In any year in which the current Net Tax Capacity value of Housing District No. 2 declines below the ONTC,
no value will be captured and no tax increment will be payable to the City or EDA.
The original local tax rate for Housing District No. 2 will be the local tax rate for taxes payable 1998.
The Original Tax Capacity and the Original Local Tax Rate for Housing District No. 2 appear in the table
below.
Original Tax Capacity Value $8,700
Original Local Tax Rate 1.46830
Subsection 3-8. Estimated Captured Net Tax Capacity Value/Increment
Pursuant to M.&, Section 469.174 Subd. 4 and M.S., Section 469.177, Sub& 1, 2, and 4, the estimated
Captured Net Tax Capacity (CTC) of Housing District No. 2, within the Central Business District
Redevelopment Project, upon completion of the project, will annually approximate tax increment revenues as
shown in the table below. The City and EDA request 100 percent of the available increase in tax capacity for
repayment of its obligations and current expenditures, beginning in the tax year payable 1999. The project
tax capacity listed is an estimate of values when the project is completed.
Proje~ Estimated Tax Capacity
upon ~ompletion of Project (PTC)
Original Estimated Net Tax Capacity (ONTC)
Estimated Captured Tax Capacity (CTC)
Percent Retained by EDA
Estimated Annual Tax Increment
(CTC x Original Local Tax Rate)
$78,300
8,700
69,600
100%
$102,194
Subsection 3-9. Property To Be Acquired
The City or EDA may acquire any parcel within Housing District No. 2 including interior and adjacent street
rights of way.
Any properties identified for acquisition will be acquired by the City or EDA only in order to
accomplish one or more of the following: storm sewer improvements; provide land for needed public
streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or
development to accomplish the uses and objectives set forth in this plan.
Columbia Heights EDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-3
2. The following are conditions under which properties not designated to be acquired may be acquired:
The City or EDA may acquire property by gift, dedication, condemnation or direct purchase from
willing sellers in order to achieve the objectives of this tax increment financing plan. Such acquisitions
will be undertaken only when there is assurance of funding to finance the acquisition and related costs.
Subsection 3-10. Uses of Funds
Currently under consideration for Housing District No. 2 is a proposal to facilitate construction of a 70 unit
senior housing building. The City and EDA have determined that it will be necessary to provide assistance
to the project for certain costs. The EDA has studied the feasibility of the development or redevelopment of
property in and around Housing District No. 2. To facilitate the establishment and development or
redevelopment of Housing District No. 2, this Plan authorizes the use of tax increment financing to pay for
the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with Housing
District No. 2 is outlined in the following table.
Uses of Funds Total
Land Acquisition
Site Improvements
Public Utilities
Interest
Administrative Costs (up to 10%)
$300,000
425,000
100,000
750,000
175,000
TOTAL $1,750,000
Estimated costs associated with Housing District No. 2 are subject to change. The cost of all activities to be
considered for tax increment financing will not exceed, without formal modification, the budget above
pursuant to the applicable statutory requirements.
Subsection 3-11. Sources of Revenue/Bonded Indebtedness
Site improvement costs, acquisition, and public utilities costs and other costs outlined in the Uses of Funds
will be financed primarily through the annual collection of tax increments. The City or EDA reserves the right
to use other sources of revenue legally applicable to the Revitalization Plan and the Plan, including, but not
limited to, special assessments, general property taxes, state aid for road maintenance and construction,
proceeds from the sale of land, other contributions from the developer and investment income, to pay for the
estimated public costs.
The City or EDA reserves the right to incur bonded indebtedness or other indebtedness as a result of the Plan.
As presently proposed, the tax increment assistance will be financed by a pay-as-you-go note. Additional
indebtedness may be required to finance other authorized activities. The total principal amount of bonded
indebtedness or other indebtedness rel~ited to the use of tax increment financing will not exceed $1,750,000
without a modification to the Plan pursuant to applicable statutory requirements.
This provision does not obligate the City or EDA to incur debt. The City or EDA will issue bonds or incur
other debt only upon the determination that such action is in the best interest of the City. The City or EDA
may also finance the activities to be undertaken pursuant to the Plan through loans from funds of the City or
Columbia t-leights EDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-4
EDA or to reimburse the developer on a "pay-as-you-go" basis for eligible activities paid for by the developer.
The estimated soumes of funds for Housing District No. 2 are contained in the table below.
Sources of Funds Total
Tax Increment $1,575,000
Interest 15,000
Local Contribution 160,000
TOTAL $1,750,000
Subsection 3-12. Definition of Tax Increment Revenues
Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing
district include all of the following potential revenue sources:
taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under
M.S., Section 469.177;
the proceeds from the sale or lease of property, tangible or intangible, purchased by the authority
with tax increments;
repayments of loans or other advances made by the authority with tax increments; and
interest or other investment earnings on or from tax increments.
Subsection 3-13. Duration of Housing Tax Increment Financing District No. 2
Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of Housing District
No. 2 must be indicated within the Plan. Pursuant to M.S., Section 469.176, Subd. l(b), the duration of
Housing District No. 2 is expected to be 15 years from the date of receipt of the first increment by the City or
EDA., but may be extended up to 10 more years under special circumstances The date of receipt by the City
of Columbia Heights of the first tax increment will be approximately 2000. Thus, it is estimated that Housing
District No. 2, including any modifications of the Plan for subsequent phases or other changes, would
terminate after 2025, or when the Plan is satisfied. The City or EDA does reserve the right to decertify
Housing District No. 2 prior to the legally required date.
Subsection 3-14. Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assumes construction which would have occurred without
the creation of Housing District No. 2. If the construction is a result of tax increment financing, the impact
is $0 to other entities. Notwithstanding, the fact that the fiscal impact on the other taxing jurisdictions is $0
due to the fact that the construction would not have occurred without the assistance of the City or EDA, the
following estimated impact of Housing District No. 2 would be as follows if the "but for" test was not met:
Columbia Heights IgDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-5
Anoka County
I.S.D. No. 13
City of Columbia Heights
IMPACT ON TAX BASE
1996/1997 Estimated Captured
Total Net Tax Capacity (CTC) Percent of CTC
Tax Capacity Upon Proiect Completion to Entity Total
147,999,763 69,600 0.0470%
12,947,050 69,600 0.5376%
7,960,658 69,600 0.8743 %
IMPACT ON TAX RATES
1996/1997 Percent Potential
Extension Rates of Total CTC Taxes
Anoka County 0.275490 18.76% 69,600 19,174
I.S.D. No. 13 0.847480 57.72% 69,600 58,985
City of Columbia Heights 0.290180 19.76% 69,600 20,197
Other 0.055150 3.76% 69,600 3,838
Total 1.468300 100.00% 102,194
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the 1996/Pay 1997 rate. The total net capacity for the entities listed above are based
on Pay 1997 figures. Housing District No. 2 will be certified under the actual 1997/1998 rates, which were
unavailable at the time this Plan was prepared.
Subsection 3-15. Modifications to Housing Tax Increment Financing District No. 2
In accordance with M.S., Section 469.175, Subd. 4, any:
I. reduction or enlargement of the geographic area of the Central Business District Redevelopment
Project or Housing District No. 2;
2. increase in amount of bonded indebtedness to be incurred, including a determination to capitalize
interest on debt if that determination was not a part of the original plan, or to increase or decrease
the amount of interest on the debt to be capitalized;
3. increase in the portion of the captured net tax capacity to be retained by the City or EDA;
4. increase in total estimated tax increment expenditures; or
5. designation of additional property to be acquired by the City or EDA,
shall be approved upon the notice and after the discussion, public hearing and findings required for approval
of the original plan.
The geographic area of Housing District No. 2 may be reduced, but shall not be enlarged after five years
following the date of certification of the original net tax capacity by the county auditor. If a housing district
is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the
criteria of M.S., Section 469.179, Subd. 11 must be documented. The requirements of this paragraph do not
apply if (1) the only modification is elimination of parcel(s) from the Central Business District Redevelopment
Project or Housing District No. 2 and (2) (A) the current net tax capacity of the parcel(s) eliminated from
Columbia Heights EDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-6
Housing District No. 2 equals or exceeds the net tax capacity of those parcel(s) in Housing District No. 2's
original net tax capacity or (B) the EDA agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the
original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated
from Housing District No. 2.
The City or EDA must notify the County Auditor of any modification that reduces or enlarges the geographic
area of Housing District No. 2 or the Central Business District Redevelopment Project. Modifications to
Housing Tax Increment Financing District No. 2 in the form of a budget modification or an expansion of the
boundaries will be recorded in the Plan.
Subsection 3-16. Administrative Expenses
In accordance with M.&, Section 469.174, Subd. 14, and M.S., Section 469.176, Subd. 3,. administrative
expenses means all expenditures of the City or EDA, other titan:
amounts paid for the purchase of land or amounts paid to contractors or others providing
materials and services, including architectural and engineering services, directly connected with
the physical development of the real property in the district;
relocation benefits paid to or services provided for persons residing or businesses located in the
district; or
amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant
to M.&, Section 469.178.
Administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants,
and planning or economic development consultants. Tax increment may be used to pay any authorized and
documented administrative expenses for Housing District No. 2 up to but not to exceed 10 percent of the total
tax increment expenditures authorized by the tax increment financing plan or the total tax increment
expenditures for the Central Business District Redevelopment Project, whichever is less.
Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the county's actual
administrative expenses incurred in connection with Housing District No. 2. The county may require payment
of those expenses by February 15 of the year following the year the expenses were incurred.
Pursuant to M.S., Section 469. 177, Subd. 11, the county treasurer shall deduct an amount equal to 0.1 percent
of any increment distributed to the City or EDA and the county treasurer shall pay the amount deducted to the
state treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of
financial reporting of tax increment financing information and the cost of examining and auditing authorities'
use of tax increment financing.
Subsection 3-17. Limitation of Increment
Pursuant to M.S., Section 469.176, Subd. l(a), no tax increment shall be paid to the City or EDA for Housing
District No. 2 after three (3) years from the date of certification of the Original Net Tax Capacity value of the
taxable property in Housing District No. 2 by the County Auditor unless within the three (3) year period:
(a)
bonds have been issued pursuant to M.S., Section 469.178, or in aid of a project pursuant
to any other law, except revenue bonds issued pursuant to M.S., Sections 469.152 to
469.165, or
(b) the Cit~ or EDA has acquired property within Housing District No. 2, or
Columbia Heights EDA Tax increment Financing Plan for Housing Tax Increment Financing District No, 2 3-7
(c)
the City or EDA has constructed or caused to be constructed public improvements within
Housing District No. 2.
The bonds must be issued, or the City or EDA must acquire property or construct or cause public
improvements to be constructed by approximately November, 2000.
The tax increment pledged to the payment of bonds and interest thereon may be discharged and may be
terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account
held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date.
Pursuant to M.S., Section 469.176, Subd. 6:
if, after four years from the date of certification of the original net tax capacity of the tax
increment financing district pursuant to M.&, Section 469.177, no demolition, rehabilitation or
renovation of property or other site preparation, including qualified improvement of a street
adjacent to a parcel but not installation of utility service including sewer or water systems, has
been commenced on a parcel located within a tax increment financing district by the authority
or by the owner of the parcel in accordance with the tax increment financing plan, no additional
tax increment may be taken from that parcel and the original net tax capacity of that parcel shall
be excluded from the original net tax capacity of the tax increment financing district. If the
authority or the owner of the parcel subsequently commences demolition, rehabilitation or
renovation or other site preparation on that parcel including qualified improvement ora street
adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall
certify to the county auditor that the activity has cotnmenced and the county auditor shall, certify
the net tax capacity thereof as most recently certified by the commissioner of revenue and add
it to the original net tax capacity of the tax increment financing district. The county attditor must
enforce the provisions of this subdivision... For purposes of this subdivision, qualified
improvements ora street are limited to (1) construction or opening ora new street, (2) relocation
ora street, and (3) substantial reconstruction or rebuilding of an existing street.
The City or EDA or a property owner must improve parcels within Housing District No. 2 by approximately
November, 2001.
Subsection 3-18. Use of Tax Increment
The City or EDA hereby determines that it will use 100 percent of the captured net tax capacity of taxable
property located in Housing District No. 2 for the following purposes:
3.
4.
5.
6.
to pay the principal of and interest on bonds used to finance a project;
to finance, or otherwise pay the cost of redevelopment of the Central Business District
Redevelopment Project pursuant to the M.S., Sections 469.090 to 469.1081;
to pay for project costs as identified in the budget;
to finance, or otherwise pay for other purposes as provided in M.&, Section 469.176, Subd.
4;
to pay principal and interest on any loans, advances or other payments made to the City or
EDA or for the benefit of Central Business District Redevelopment Project by the developer;
to finance or otherwise pay premiums and other costs for insurance, credit enhancement, or
other security guaranteeing the payment when due of principal and interest on tax increment
bonds or bonds issued pursuant to the Plan or pursuant to M.S., Chapter 462C and M.S.,
Sections 469.152 through 469.165, or both; and
Columbia Heights EDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-8
to accumulate or maintain a reserve securing the payment when due of the principal and
interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C and M.S.,
Sections 469.152 through 469.165, or both.
These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other
purposes prohibited by M.S., Section 469.176, subd. 4. Revenues derived from tax increment from a
housing district must be used solely to finance the cost of housing projects as defined in M.S., Section
469.174, subd. 11. The cost of public improvements directly related to the housing projects and the
allocated administrative expenses of the City or EDA may be included in the cost of a housing project.
Tax increments generated in Housing District No. 2 will be paid by Anoka County to-the City of Columbia
Heights for the Tax Increment Fund of said Housing District No. 2. The City or EDA will pay to the
developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse
the costs of land acquisition, public improvements, demolition and relocation, site preparation, and
administration. Remaining increment funds will be used for City or EDA administration (up to 10 percent)
and the costs of public improvement activities outside Housing District No. 2.
Subsection 3-19. Notification of Prior Planned Improvements
The City or EDA shall, after due and diligent search, accompany its request for certification to the County
Auditor or its notice of Housing District No. 2 enlargement with a listing of all properties within Housing
District No. 2 or area of enlargement for which building permits have been issued during the eighteen (18)
months immediately preceding approval of the Plan by the municipality pursuant to M.S., Section 469.175,
Subd. 3. The County Auditor shall increase the original value of Housing District No. 2 by the value of
improvements for which a building permit was issued.
Pursuant to M.S., Section 469.177, Subd. 4, the EDA has reviewed the area to be included in Housing
Tax Increment Financing District No. 2 and found no parcels for which building permits have been
issued during the 18 months immediately preceding approval of the Plan by the City and EDA.
Subsection 3-20. Excess Tax Increments
Pursuant to M.S., Section 469.176, Subd. 2, in any year in which the tax increment exceeds the amount
necessary to pay the costs authorized by the Plan, including the amount necessary to cancel any tax levy as
provided in M.S., Section 475.61, Subd. 3, the City or EDA shall use the excess amount to do any of the
following:
2.
3.
4.
prepay any outstanding bonds;
discharge the pledge of tax increment therefor;
pay into an escrow account dedicated to the payment of such bonds; or
return the excess to the County Auditor for redistribution to the respective taxing jurisdictions
in proportion to their local tax rates.
In addition, the City or EDA may, subject to the limitations set forth herein, choose to modify the Plan in order
to finance additional public costs in Housing District No. 2 or the Central Business District Redevelopment
Project.
Subsection 3-21. Requirements for Agreements with the Developer
The City or EDA will review any proposal for private development to determine its conformance with the
Columbia 14&ghts gDh ~ax Increment Financing Plan for 14ouging Tax Increment Financing District No. 2 3-9
Revitalization Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following
documents may be requested for review and approval: site plan, construction, mechanical, and electrical
system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other
drawings or narrative deemed necessary by the City or EDA to demonstrate the conformance of the
development with city plans and ordinances. The City or EDA may also use the Agreements to address other
issues related to the development.
Pursuant to M.S., Section 469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be acquired
in Housing District No. 2 as set forth in the Plan shall at any time be owned by the City or EDA as a result of
acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178, without the City or EDA
having, prior to acquisition in excess of 25 percent of the acreage, concluded an agreement for the development
or redevelopment of the property acquired and which provides recourse for the City or EDA should the
development or redevelopment not be completed.
Subsection 3-22. Assessment Agreements
Pursuant to M.S., Section 469.177, Subd. 8, the City or EDA may enter into an agreement in recordable form
with the developer of property within Housing District No. 2 which establishes a minimum market value of
the land and completed improvements for the duration of Housing District No. 2. The assessment agreement
shall be presented to the assessor who shall review the plans and specifications for the improvements
constructed, review the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum market value contained in the assessment agreement appears, in the
judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market value
agreement.
Subsection 3-23. Administration of Housing Tax Increment Financing District No. 2
Administration of Housing District No. 2 will be handled by the Executive Director of the EDA of the City
of Columbia Heights.
Subsection 3-24. Financial Reporting Requirements
A. Filing with State Auditor, County Auditor, County Board and School Board: Pursuant to M.S.,
Section 469.175, Subd. 5, the City or EDA must file an annual disclosure report for all tax increment
financing districts, including Housing District No. 2. The report shall be filed with the County Board,
County Auditor, School Board, and the State Auditor on or before July 1 of each year. The report to be filed
by the City or EDA shall include the following information:
5.
6.
7.
8.
the amount and source of revenue in the tax increment account;
the amount and purpose of expenditures from the account;
the amount of any pledge of revenues, including principal and interest, on any outstanding
bond indebtedness;
the original net tax capacity of Housing District No. 2;
the captured net tax capacity retained by the City or EDA;
the captured net tax capacity shared with other taxing districts;
the tax increment received; and
any additional information necessary to demonstrate compliance with the tax increment
financing plan.
B. Newspaper Statement: M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be
Columbia Heights EDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-10
published in a newspaper of general circulation in the City showing:
2.
3.
4.
5.
6.
7.
the tax increment received and expended in that year,
the original net tax capacity,
captured net tax capacity,
amount of outstanding bonded indebtedness,
the amount of Housing District No. 2's increment paid to other governmental bodies,
the amount paid for administrative costs,
the sum of increments paid, directly or indirectly, for activities and improvements located
outside of Housing District No. 2, and
any additional information the City or EDA deems necessary.
C. State Auditor filing for Housing District No. 2: Pursuant to M.&, Section 469.175, Subd. 6, the City
or EDA must annually submit to the State Auditor, on or before July 1, a financial report which shall:
provide for full disclosure of the sources and uses of the public funds in Housing District No.
2;
permit comparison and reconciliation with the City and EDA's accounts and financial reports;
permit auditing of the funds expended on behalf of Housing District No. 2 or that is funded
in part or whole through the use of a development account funded with tax increments from
other tax increment districts or with public money; and
be consistent with generally accepted accounting principles.
The financial report must also include the following:
the original net tax capacity of Housing District No. 2;
the captured net tax capacity of Housing District No. 2, including the amount of any captured
net tax capacity shared with other taxing districts;
the amount budgeted under the Plan, and the actual amount expended for, at least, the
following categories (for the reporting period and for the duration of Housing District No. 2):
a. acquisition of land and buildings through condemnation or purchase;
b. site improvements or preparation costs;
c. installation of public utilities, parking facilities, streets, roads, sidewalks, or other
similar public improvements;
d. administrative costs, including the allocated cost of the city;
e. public park facilities, facilities for social, recreational, or conference purposes, or
other similar public improvements; and
the total costs of the property to the City or EDA and the price paid the developers (for
properties sold to developers);
the amount of increments rebated or paid to developers or property owners for privately
financed improvements or other qualifying costs, other than those reported under clause (3),
that were issued on behalf of private entities for facilities located in Housing District No. 2.
D. State Auditor filing for all Tax Increment Financing Districts: Pursuant to M.S., Section 469.175,
Subd. 6a, the City or EDA must also annually report to the State Auditor before or on July 1 of each year the
following amounts for the entire City:
the total principal amount of nondefeased bonds that are outstanding at the end of the
previous calendar year; and
Columbia Heights EDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-11
the total annual amount of principal and interest payments that are due for the current
calendar year on:
(i) general obligation tax increment financing bonds and
(ii) other tax increment financing bonds; and
for each tax increment financing district within the City:
the type of tax increment financing district;
the date on which the district is required to be decertified;
the amount of any payments and the value of in-kind benefits, such as physical improvements
and the uses of building space, that are financed with revenues derived from increments and
are provided to another governmental unit (other than the municipality) during the preceding
calendar year;
the tax increment revenues for taxes payable in the current calendar year;
whether the tax increment financing plan or other governing document permits increment
revenues to be expended outside of each district; and
any additional information that the State Auditor may require.
Copies of this report must also be provided to the county and school district boards.
Subsection 3-25. Municipal Approval and Public Purpose
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for
Housing District No. 2 as required pursuant to M.S., Section 469.175, Subd. 3 are as follows:
Finding that the Housing District No. 2 is a housing district as defined in M.S., Section 469.174,
Subd. 11.
Housing District No. 2 consists of 1 parcel. The development will consist of a senior rental apartment
building whose residents will meet one of the following income limitations:
At least 20% of the units will be occupied by persons with incomes at 50% or less of median
gross income ($20,050 for households with 1 person or $22,900 for households with 2 people
in 1997);
At least 40% of the units will be occupied by persons with incomes at 60% or less of median
gross income, ($24,060 for households with I person or $27,480 for households with 2
people in 1997); or
At least 50% of the units will be occupied by persons with incomes at 80% or less of median
gross income ($30,450 for households with 1 person or $34,800 for households with 2 people
in 1997).
The market value of non-assisted housing or commemial property will be less than 20 percent of the
total fair market value of the planned improvements.
Finding that the proposed development, in the opinion of the City Council, would not reasonably be
expected to occur solely through private investment within the reasonably foreseeable future and that
the increased market value of the site that couM reasonably be expected to occur without the use of
tax increment financing wouM be less than the increase in the market value estimated to result from
the proposed development after subtracting the present value of the projected tax increments for the
maximum duration of Housing District No. 2 permitted by the Plan.
Columbia Heights EDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-12
Due to the high cost of building affordable new housing in the City and the cost of financing the
proposed site and utility improvements, this project is feasible only through assistance, in part, from
tax increment financing. The project proforma has been reviewed by City staff and consultants and
found to be not financiable without tax increment assistance.
A comparative analysis of estimated market values both with and without establishment of Housing
Tax Increment Financing District No. 2 and the use of tax increments has been performed as described
above. If all development which is proposed to be assisted with tax increment were to occur in
Housing District No. 2, the total increased market value would be up to $2,400,000. It is the
Council's finding that no development with a market value of greater than $1,564,031 would occur
without tax increment assistance in this district within 25 years. This finding is based upon evidence
from general past experience with the high cost of acquisition, site improvements and public utilities
in the general area of Housing District No. 2 (see Cashflow in Appendix .C).
o
Finding that the Tax Increment Financing Plan for Housing District No. 2 conforms to the general
plan for the development or redevelopment of the municipality as a whole.
The Plan was reviewed by the Planning and Zoning Commission on October 7, 1997. The Planning
and Zoning Commission found that the Plan conforms to the general development plan of the City.
o
Finding that the Tax Increment Financing Plan for Housing District No. 2 will afford maximum
opportunity, consistent with the sound needs of the City as a whole, for the development or
redevelopment of the Central Business District Redevelopment Project by private enterprise.
Through the implementation of the Plan, the City or EDA will provide an impetus for affordable
senior residential development, desirable or necessary for increased population with the City.
Additional findings are set forth in the Authorizing Resolution of the City.
Subsection 3-26. Fiscal Disparities Election
It is not anticipated that Housing District No. 2 will contain commercial/industrial property. Therefore, the
fiscal disparities provision does not apply to Housing District No. 2.
Subsection 3-27. Other Limitations on the Use of Tax Increment
General Limitations. All revenue derived from tax increment shall be used in accordance with the
Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the Central
Business District Redevelopment Project pursuant to the M.S., Sections 469.090 to 469.1081;
These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax
increment shall be used for the acquisition, construction, renovation, operation or maintenance of a
building to be used primarily and regularly for conducting the business of a municipality, county,
school district, or any other local unit of government or the state or federal government. This
provision shall not prohibit the use of revenues derived from tax increments for the construction or
renovation of a parking structure, a commons area used as a public park or a facility used for social,
recreational or conference purposes and not primarily for conducting the business of the municipality.
Five Year Limitation on Commitment of Tax Increments. Tax increments derived from Housing
District No..2 shall be deemed to have satisfied the 80 percent test set forth in paragraph (2) above
£o~umbh Y~eights gD/k ~f~x Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-13
only if the five year rule set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning
with the sixth year following certification of Housing District No. 2, 80 percent of said tax increments
that remain after expenditures permitted under said five year rule must be used only to pay previously
committed expenditures or credit enhanced bonds as more fully set forth in M.S., Section 469.1763,
Subd. 5.
Subsection 3-28. State Tax Increment Financing Aid
Pursuant to M.S., Section 273.1399, for tax increment financing districts for which certification was requested
after April 30, 1990, a municipality incurs a reduction in state tax increment financing aid (RISTIFA) applied
to the municipality's Local Government Aids (LGA) first and, Homestead and Agricultural Aid (HACA)
second, in an amount equal to a formula based upon the equalized qualifying captured tax capacity (QCTC)
of the tax increment financing district.
Pursuant to M.S., Section 273.1399, Subd. 6, the City or EDA may choose an option to the LGA-HACA
penalty. Housing District No. 2 is exempt from the LGA-HACA reduction if the City or EDA elects to make
a qualifying local contribution at the time of approving the tax increment financing plan. To qualify for the
exemption in each year, the City or EDA must make a qualifying local contribution to the project of a certain
percentage. The local contribution for a housing district is 10 percent. The maximum local contribution
for all districts in the City in any year is limited to two percent of the City's net tax capacity, after which point
the City or EDA must make an additional contribution equal to the lesser of (a) 0.25 percent of the City's net
tax capacity or (b) 3 percent of tax increment revenues for that year.
The amount of the local contribution must be made out of unrestricted money of the City or EDA, such as the
general fund, a property tax levy, or a federal or state grant-in-aid which may be spent for general government
purposes. The local contribution may not be made, directly or indirectly, with tax increments or developer
payments. The local contribution must be used to pay project costs and cannot be used for general government
purposes.
The EDA elects to make the annual local contribution to the project to exempt itself from the LGA-
HACA penalty. The City or EDA will pay for costs of the project described in this Plan, in an amount equal
to 10 percent of annual tax increment for Housing District No. 2, subject to the limitations described above,
in any year in which such amount exceeds 2 percent of the City's net tax capacity. Such contribution may be
in form of either lump sum or annual payments (in addition to tax increment payments) towards costs identified
in this Plan or other costs related to that development or redevelopment. The contribution may also be made
in the form of public improvements financed by the City or EDA or other unit of government with unrestricted
funds.
Subsection 3-29. County Road Costs
Pursuant to M.S., Section 469.175, Subd. Ia, the county board may require the City or EDA to pay for all or
part of the cost of county road improvements if the proposed development to be assisted by tax increment will,
in the judgement of the county, substantially increase the use of county roads requiring construction of road
improvements or other road costs and if the road improvements are not scheduled within the next five years
under a capital improvement plan or other county plan.
In the opinion of the City and EDA and consultants, the proposed development outlined in this Plan will have
little or no impact upon county roads. If the county elects to use increments to improve county roads, it must
notify the City or EDA within thirty days of receipt of this Plan.
£~lnmbia Fleights EDA Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-14
Subsection 3-30. Economic Development and ~lob Creation
The City or EDA is not providing tax increment financing for the purpose of economic development or job
growth and therefore, the provisions of/;/.&, Section 116J. 991, (which states that a business receiving state
or local government assistance for economic development or job growth purposes, including tax increment
financing, must create a net increase in jobs and meet wage level goals in Minnesota within two years of
receiving assistance) are not applicable and the City and EDA are not establishing wage and job goals in
connection with Housing District No. 2.
Subsection 3-31. Summary
The Columbia Heights EDA is establishing Housing District No. 2 provide an impetus for residential
development in the City. The Tax Increment Financing Plan for Housing District No. 2 was prepared by
Ehlers and Associates, Inc., 2950 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota 55402-
4100, telephone (612) 339-8291.
Columbia ~4eighxs EDSk Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 3-15
APPENDIX A
BOUNDARY MAPS OF THE
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT
AND
HOUSING TAX INCREMENT FINANCING DISTRICT NO. 2
APPENDIX A- I
!I
~1 ~iVd A£1O
d
'3'N 15
APPENDIX B
LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN
HOUSING TAX INCREMENT FINANCING DISTRICT NO. 2
Legal Description
West 224.00 feet of Lots 7 and 8, Auditors subdivision No. 51,
except the North 3.6 acres thereof Anoka County, Minnesota
A portion of the following Parcel Number
26-30-24-11-0008
APPENDIX C
ESTIMATED CASH FLOW FOR HOUSING TAX INCREMENT FINANCING DISTRICT NO, 2
APPENDIX C-1
City of Columbia Heights: Senior Housing Proposal Page I
Total
Units
T.I.F. CASH FLOW ASSUMPTIONS
Inflation Rate:
Interest Rate:
Tax Extension Rate:
BASE VALUE INFORMATION
0.0000%
6.750%
1.468300 Pay 00 - Estimate
Odginal MV Odginal Tax Cap.
Currently Exempt - Estimate at Transfer 300,000 8,700 Pay 00 - Estimate
PROJECT VALUE INFORMATION
Type of Tax Increment District:
Type of Development:
Pementage of Units <60% of Median Income:
Class Rate for Affordable:
Class Rate for Non-Affordable:
Annual
Taxes Per Total Tax
Unit Taxes Increment
70 $1,642.40 114,968 102,194
Tax
Capacity
78,300
Housing
Senior Rental
0.00%
1.00%
2.90%
Total
Market MV/
Value Unit
2,700,000 38,571
Payable
2000
114,968 102,194
78,300 2,700,000
COLOO-01 Prepared by Ehlers & Associates TIFRUN1
City of Cotumbia, Heights: Sen[or Housing Proposal Page 2
TAX INCREMENT CASH FLOW
Orig. Project Captured Semi-Annual City Semi-Annual
PERIOD Tax Tax Tax Gross Tax Admin. Net Tax
Yrs. Capacity Capacity Capacity Increment -10.00% Increment
0.0 8,700 8,700 0 0 0 0
0.0 8,700 8,700 0 0 0 0
0.0 8,700 8,700 0 0 0 0
0.0 8,700 8,700 0 0 0 0
0.5 8,700 78,300 69,600 51,097 (5,110) 45,987
1.0 8,700 78,300 69,600 51,097 (5,110) 45,987
1.5 8,700 78,300 69,600 51,097 (5,110) 45,987
2.0 8,700 78,300 69,600 51,097 (5,110) 45,987
2.5 8,700 78,300 69,600 51,097 (5,110) 45,987
3.0 8,700 78,300 69,600 51,097 (5,110) 45,987
3.5 8,700 78,300 69,600 51,097 (5,110) 45,987
4.0 8,700 78,300 69,600 51,097 (5,110) 45,987
4.5 8,700 78,300 69,600 51,097 (5,110) 45,987
5.0 8,700 78,300 69,600 51,097 (5,110) 45,987
5.5 8,700 78,300 69,600 51,097 (5,110) 45,987
6.0 8,700 78,300 69,600 51,097 (5,110) 45,987
6.5 8,700 78,300 69,600 51,097 (5,110) 45,987
7.0 8,700 78,300 69,600 51,097 (5,110) 45,987
7.5 8,700 78,300 69,600 51,097 (5,110) 45,987
8.0 8,700 78,300 69,600 51,097 (5,110) 45,987
8.5 8,700 78,300 69,600 51,097 (5,110) 45,987
9.0 8,700 78,300 69,600 51,097 (5,110) 45,987
9.5 8,700 78,300 69,600 51,097 (5,110) 45,987
10.0 8,700 78,300 69,600 51,097 (5,110) 45,987
10.5 8,700 78,300 69,600 51,097 (5,110) 45,987
11.0 8,700 78,300 69,600 51,097 (5,110) 45,987
11.5 8,700 78,300 69,600 51,097 (5,110) 45,987
12.0 8,700 78,300 69,600 51,097 (5,110) 45,987
12.5 8,700 78,300 69,600 51,097 (5,110) 45,987
13.0 8,700 78,300 69,600 51,097 (5,110) 45,987
13.5 8,700 78,300 69,600 51,097 (5,110) 45,987
14.0 8,700 78,300 69,600 51,097 (5,110) 45,987
14.5 8,700 78,300 69,600 51,097 (5,110) 45,987
15.0 8,700 78,300 69,600 51,097 (5,110) 45,987
15.5 8,700 78,300 69,600 51,097 (5,110) 45,987
16.0 8,700 78,300 69,600 51,097 (5,110) 45,987
16.5 8,700 78,300 69,600 51,097 (5,110) 45,987
17.0 8,700 78,300 69,600 51,097 (5,110) 45,987
17.5 8,700 78,300 69,600 51,097 (5,110) 45,987
18.0 8,700 78,300 69,600 51,097 (5,110) 45,987
18.5 8,700 78,300 69,600 51,097 (5,110) 45,987
19.0 8,700 78,300 69,600 51,097 (5,110) 45,987
19.5 8,700 78,300 69,600 51,097 (5,110) 45,987
20.0 8,700 78,300 69,600 51,097 (5,110) 45,987
20.5 8,700 78,300 69,600 51,097 (5,110) 45,987
21.0 8,700 78,300 69,600 51,097 (5,110) 45,987
21.5 8,700 78,300 69,600 51,097 (5,110) 45,987
22.0 8,700 78,300 69,600 51,097 (5,110) 45,987
22.5 8,700 78,300 69,600 51,097 (5,110) 45,987
23.0 8,700 78,300 69,600 51,097 (5,110) 45,987
23.5 8,700 78,300 69,600 51,097 (5,110) 45,987
24.0 8,700 78,300 69,600 51,097 (5,110) 45,987
24.5 8,700 78,300 69,600 51,097 (5,110) 45,987
25.0 8,700 78,300 69,600 51,097 (5,110) 45,987
Totals 2,554,842 (255,484) 2,299,358
Present Value 6.75% 1,073,576 (107,358) 966,218
Local
Contribution
10.00%
0
0
0
0
5,110
5,110
5,110
5,110
5,110
5,110
5, t10
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
5,110
255,484
107,358
Payment
Date
Mth. Yr.
08-01 1998
02-01 1999
08-01 1999
02-01 2000
08-01 2000
02-01 2001
08-01 2001
02-01 2002
08-01 2002
02-01 2003
08-01 2003
02-01 2004
08-01 2004
02-01 2005
08-01 2005
02-01 2006
08-01 2006
02-01 2007
08-01 2007
02-01 2008
08-01 2008
02-01 2009
08-01 2009
02-01 2010
08-01 2010
02-01 2011
08-01 2011
02-01 2012
08-01 2012
02-01 2013
08-01 2013
02-01 2014
08-01 2014
02-01 2015
08-01 2015
02-01 2016
08-01 2016
02-01 2017
08-01 2017
02-01 2018
08-01 2018
02-01 2019
08-01 2019
02-01 2020
08-01 2020
02-01 2021
08-01 2021
02-01 2022
08-01 2022
02-01 2023
08-01 2023
02-01 2024
08-01 2024
02-01 2025
COlOO-Ol Prepared by Ehlers & Associates TIFRUN1
C_.%ty o[ Co%umbia Heights: Senior Housing Proposal Page 1
BUT FOR MARKET VALUE ANALYSIS
300,000[
Current Market Value (base value)
Estimated New Market Value (w/TIF Project)
Difference
Present Value of Tax Increment
Difference
Value of Development Likely to Occur without TIF
2,700,000I
2,400,000I
835,969I
1,564,0311
1,564,031/
C0100-01 Prepared by Ehlers & Associates TIFRUN1
Ehiers and Associates, inC.
LEADERS IN PUDLI¢ FINANCE
October 22, 1997
TO: Ken Anderson, City of Columbia Heights
FR: Mark Ruff
RE: blousing Dis~ct No. 2
Attached is the 15 year run requested by the EDA at the meeting last evening. Please conta~ me
if any other information is necessary.
OFFICES IN MINNEAPOLIS, MN AND E~ROOKFIELD, WI
2950 Norwest Center. 90 South Seventh Street. Minneapolis, MN 55402-4100
Telephone 612-339-8291, FAX 612-339-0854
T.I.F. CASH FLOW ASSUMPTIONS
Inflation Rate:
Interest Rate:
Tax Extension Rate:
5.750%
1.488D00 Pay O0 - EStnTtate
BASE VALUE IN, .FORMATION
Original MV Original Tax CaP.
Currently Exempt - Estimate at Transfer 300,000 8,700 Pay 00 - Estimate
PROJECT VALUE INFORMATIOiq
Total
Un~
Tyl~e 0fTax Increment Dtstdct. Housing
Type of Development: Sen~r Rental
Percentage of Units ¢50% of Median Income:
Class Rate for Affordable: I 00%
Class Rate for Non.Affordable: 2.90%
Annual Total
Taxes Per Total Tax Tax Market MVI
Unit Taxes_. Increment C~ap_actty. ._V.a_lue __ Unit
70 $1,642.40 114,9~o8 102,194 78,300 2,700,000 38,571
P.ayable
114,968 ~02,194 78,300 2,700,000
COLOO.01 P,'eDared by Eh!ef~ & ~Aar, ocaates TtFRUN1
--Odg,
PERIOD Tax Tax
Yrs. Capacity ._Capacity
0.0 8,700 8,700
0_0 8.700 8,700
0.0 8,700 8,700
00 8,700 8,700
0.5 8,700 78,300
1.0 8,700 ?8,300
1.5 8.700 78,300
2.0 8,700 78,300
2 5 8,700 78,300
3.0 6,700 78,300
3.5 8,700 78,300
4 0 8,700 78,300
4.5 8,700 78,300
5.0 8,700 78,300
5.5 8,?00 78,300
6.0 8,700 78,300
5.5 8,700 78,300
7.0 8,700 78,300
7.5 8,700 78,300
8,0 8,700 '/8,300
8.6 8.700 78,300
9 0 6,700 75,300
9.5 8,700 ?8,300
t0.0 8,700 78,300
10.5 8,?00 78,300
11,0 8,700 78,300
1 ~ .5 8,700 78,300
1Z 0 8,700 76.300
12.6 8.700 78,300
13 O 8,700 78,300
13.5 8,700 78.300
14.0 8,700 78,300
14.5 8,700 78,300
15.0 8~.700 78,300
TOtalS
Pre.n( Value
TA~ INCREMENT CASH FLOW
Captured Semi-Annual C~ Semi-Annual Local
Tax Gross Tax Admin. Net Tax Contribution
Cap. a¢~t.y_ ....Increment ...... -10.00% Increment .10.00%
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
69.600 51,097 (5,110) 45,987 6,110
69,600 51,097 (5,110) 45,967 5,110
69,500 51,097 (5,110} 45,987 5,110
59,600 51,097 (5,110) 45.987 5,110
69,600 51,097 (5,110) 45,987 5.1t0
69,600 51,097 (5,110) 45,987 5,110
69,600 51,097 (5.110) 45,987 5,110
69,600 51,097 (5,110) 45,987 5,110
69.600 51.097 (5.110) 45,957 5,110
69,600 51,097 (5,110) 45,987 5,110
69.600 51,097 (5,110) 45.987 5,110
69,600 51,097 (5,110) 45,987 5,110
69,600 51,097 (5.110) 45,987 5,110
6g,B00 51,097 (5,110,~ 45,987 5,110
69,600 51,097 (5.110) 45.987 5.110
69,600 51,097 (5,110) 45,987 5,110
69,600 51,097 (5.110) 45.987 5.110
69,600 51,097 (5,110) 45,987 5,110
69,600 51,097 (5,110) 45,987 5,110
69,600 51,097 (5,110) 45,987 5.110
Bg.60o 51 ,O07 (,5,110) 45,987 5,110
69,600 5t,097 (5,110) 45,987 5,110
69,600 51.097 (5.110) 45.987 5,110
~9.600 51,097 (5,110) 45,987 5,110
69,600 51,097 (5.110) 45,987 5,110
69,600 51.097 ($, 110) 45,987 5,110
69.600 51.097 (5,110) 45,987 5.110
69,600 51,097 (5,110) 45,987 5,110
89.SO0 51,0~7 (5.110> 45,987 5,11o
...... e9.,~O0 51,0.97 .... (5,110> .._ 45,98.7 ._~_5,t10
' - .1,~32,905 ~,291). ___1_,379 615 15.3,291
6.75% 835,g~9 ...... (B3,$p7} _. 75..2.~37_2_.. 83,597 ....
Payment
Date
Mth. Yr.
08-01 1998
~2-01 198<J
0801 1999
02-01 2O00
08-01 2000
02-01 2.001
08-01 2001
02-01 2002
06-01 2002
02-01 2003
0801 2003
02-01 20O4
08-01 2O04
02-01 2005
08-01 20O5
02-01 20O~
08-01 2008
02-01 2007
05-01 2007
02-01 Z00$
0501 20O8
02-01
08-0t 2009
02-0I 2010
08-01 2010
02-01 2011
08-01 2011
02-01 2012
08-01 2012
02-01 2013
08-01 2013
05-01 2014
08~1 2014
02-01 2015
CO100-0I Pnlparec~ by Ehlers & Ass43ciatea 'rlFRUN1
COUNTY OF ANOKA
Office of County Administration
GOVERNMENT CENTER
2100 3rd Avenue. Anoka, Minnesota 55303-2489
(612) 323-5680
JOHN "JAY" McLINDEN
County Administrator
October 15, 1997
Mr. Ken Anderson
Community Development Director
City of Columbia Heights
590 - 40th Avenue NE
Columbia Heights, MN 55421
Dear Ken:
I would like to take this opportunity to thank you for your presentation at our County Board
meeting yesterday.
Enclosed for your records is a certified motion relating to your presentation of the proposed tax
increment plans for the City of Columbia Heights at the county board meeting of October 14,
1997. if you have any questions, please do not hesitate to contact me.
h~n "Jay'"'~M~Sincerely,
County' Administrator
JM:pd
Enclosure
FAX: 323-5682
Affirmative Action / Equal Opportunity Employer TDD/TTY: 323-5289
ANOKA COUNTY
CERTIFIED MOTION
Ken Anderson, Columbia Heights Community Development Director, presented the proposed City of
Columbia Heights and Columbia Heights Economic Development Authority's ("City and EDA")
proposed modification of the Central Business District Redevelopment Project and proposed adoption
of the Tax Increment Financing Plan for Housing Tax Increment Financing District No. 2 ("Housing
District No. 2"), within the Central Business District Redevelopment Project in the City of Columbia
Heights to the county board for their review and comment as required by Chapter 273.74, subdivision
2, of the Laws of Minnesota. (Plans are on file in the County Administration Office.)
STATE OF MINNESOTA ) SS
COUNTY OF ANOKA )
I, John "Jay" McLinden, County Administrator, Anoka County, Minnesota, hereby certify that
I have compared the foregoing copy of the minutes of the County Board of said County with the
original record thereof on file in the Administration Office, Anoka County, Minnesota, as stated in the
minutes of the proceedings of said County Board at a meeting duly held on October 14, 1997, and
that the same is a true and correct copy of said original record and of the whole thereof, and that said
Motion was duly passed by said Board at said meeting.
Witness my hand and seal this 15th day of October, 1997.
County Administrator
CITY COUNCIL LETTER
Meeting of: October 27, 1997
AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT.: CITY MANAGER
NO: 7 Planning and Zormf~ APPROVAL
ITEM: Zoning Ordinance Amendment BY: Tina Goodr BY:
NO: Case ~97!0-34, Gun Shop Designation DATE: October 2~,~1~97
7. Go
A few months ago, the City placed a moratorium on the operation of gun shops through
November 1997. The reason for the moratorium is due to the fact that the Zoning
Ordinance does not list gun shops as a permitted or conditional use in any zoning
district. During this time they requested staff to determine the appropriate zoning
district for this type of use. In doing so, staff researched several cities
inquiring as to where gun shops are allowed. All of the cities, except for
Richfield· are in the same position as Columbia Heights and do not list them as a
use. Most of these same cities would allow it in a commercial/retail type of
district.
The Richfield ordinance was used as a model as it was the only ordinance specific
to gun shops. The Richfield ordinance allows gun and/or ammunition sales/repair in
a commercial district. They incorporated various controls, such as: (1) use shall
be located not less than 300 feet from any school, daycare, church, public library
or governmental building, (2) such uses shall be located not less than 1,000 feet
from other gun or ammunition sales/repair businesses, and (3) such uses shall be
located not less than 100 feet from residentially zoned property.
Staff attempted to incorporate several of these same controls in preparing an
ordinance. We also looked carefully at what zoning district is most appropriate for
the use. Since gun sales are a retail use, one could assume the best district for
it would be a commercial district. In fact, staff did prepare a draft ordinance for
the "RB", Retail Business, marked "Alternate Draft" in your packet. This proposed
ordinance would control the distance a gun shop could be from churches, schools,
daycare centers, etc. but could not limit its proximity from residential areas as
all commercial zoning districts, including "RB", abut residential zoning. This was
a major concern to Police Chief, Tom Johnson, who worked with staff on this
ordinance. Chief Johnson wanted to see more stricter controls and an area away from
homes.
The second proposed Ordinance ~1356, marked "draft" in your packet is for the "I-2"
Industrial Zoning District. This is the same district in which sexually oriented
businesses are permitted. In this ordinance we have included several restrictions
including:
1. Operation pursuant to Minnesota State Statute ~624.712 as amended.
2. Includes all operations where the gun and/or ammunition sales/repair are 5%
(five percent) or more of sales.
3. Such uses shall be located not less than two hundred (200) feet from any
residentially zoned property.
4. Such uses shall be located not less than five hundred (500) feet from any
church, school, daycare facility, public library or governmental building or one
hundred fifty (150) feet from a park.
5. Such uses shall be located not less than one thousand (1,000) feet from other
gun and/or ammunition sales/repair businesses.
COUNCIL ACTION:
ccagi097.no6
CITY COUNCIL LETTER
Meeting of: October 13, 1997
AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT.: CITY MANAGER
NO: 7 Planning and Zoning APPROVAL
ITEM: Zoning Ordinance Amendment BY: Tina Goodroad BY:
NO: Case #9710-34, Gun Shop Designation DATE: October 8, 1997
Page 2
This particular ordinance, being in the "I-2" Zone, allows for greater control as
far as how close a gun shop can be to a residential use. Both Chief Johnson and
Attorney Jim Hoeft feel the draft ordinance for the "I-2" District is the best one
to use. It allows more control, yet allows the use and does not illegally outzone
it. However, because it is a retail use, one can question whether the Industrial
District is the most appropriate. This discussion may be similar as when the
Commission worked to find a location for sexually oriented businesses and chose this
same "I-2" District for it.
Both versions of the ordinance include language dealing with the amount of sales.
This ordinance will affect anyone proposing gun and/or ammunition sales/repair as
the primary business or five percent or more of sales. This language will not put
a store like K-Mart out of conformance as gun/ammunition sales are only two percent
(2%) of total sales, but it will affect anyone who opens a store for this particular
use. This is the best measure of control we could think of. This use will also
require a Conditional Use Permit.
The f~rst reading of the ,o~nance was held on October 13, 1997.
RECOMMENDED MOTION:
Move to waive the second reading of Ordinance #1356, an Ordinance amending Ordinance
#853, as ample copies are available to the public.
RECOMMENDED MOTION:
Move to approve Ordinance %1356, an Ordinance amending Ordinance ~853, as ample
copies are available to the public.
COUNCIL ACTION:
ccag1097.no6
ORDINANCE NO.'
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND
PERTAINING TO ZONING AMENDMENTS
The City of Columbia Heights does ordain:
Section 1: Section 9.113(2) of Ordinance No. 853, City Code of 1977 which currently reads as
follows, to wit:
.9.113 (2) Conditional Uses
Within any "KB" Retail Business District no structure or land shall be used for the
following uses except by Conditional Use Permit.
(a) Accessory buildings.
(b) Dwelling units provided:
(i) The units do not occupy the first floor.
(ii) That a roof intended for usable space shall be enclosed by a wall or
fence not less than five (5) feet in height.
(c) Day care centers.
(d) Off-street parking lots subject to Section 9.116 (2).
(e) Public utility structures which shall conform to the yard requirements and
architectural style of the neighborhood.
(f) Open sales lots subject to Section 9.116 (14).
(g) Motor fuel stations (minor) and major fuel stations with minor repairs subject
to Section 9.117.
(h) Restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116
(15) and Prepared Food Delivery Establishments as such establishments are
defined in Section 9.103 (63).
(i) Drive-in businesses subject to the following requirements:
(i) Hours of operation shall be confined to the period between 10:00 am to
- 1:00 am for those serving food or drink.
(ii) The entire area shall have a drainage system approved by City Engineer.
(iii) The entire area other than that occupied by the structure or planting
shall be surfaced with a material which will control dust and drainage to the
approval of the City E.ngineer.
(iv) A box curb at least six (6) inches above grade shall separate the public
walk from the lot except at approved entrances or exits.
(v) The lighting' shall be accomplished in such a way as to haVe no direct
source of light visible from the public fight-of-way or adjacent land in
residential use.
G)Arcades.
(k) Vehicles, not to exceed 2~tons, for sale in conjunction with only automobile
repair businesses which do not sell fuel, Provided that the following requirements
are met:
(i) Parking area for car sales cannot eliminate required parking spaces for
primary use.
(ii) No more than 10 vehicles can be displayed for sale at any one time.
(iii) Traffic flow on lot, lighting, parking lot stripping must be approved
through the Conditional Use Permit process before approval.
(iv) Size, type and style of any signage for such vehicle must be within the
vehicle at all times and approved by staff.
(v) All required state and local licenses must be obtained.
(1) Outpatient veterinary rabbit, domestic cat and/or dog spay or animal neutering
clinics.
(m) Printing shops which occupy more than three thousand (3,000) square feet of
gross floor area.
(n) Open space retail which shall be defined as a space in which assorted retailers
and merchants lease and occupy booths of various sizes which merchants offer for
display and sale new merchandise.
(o) Tire arid battery sales and service.
is hereby amended to read as follows:
- 9.113 (2) Conditional Uses
Within any "RB" Retail Business District no structure or land shall be used for the
following uses except by Conditional Use Permit.
(a) Accessory buildings.
(b) Dwelling units provided:
(i) The units do not occupy the first floor.
(ii) That a roof intended for usable space shall be enclosed by a wall or
fence not less than five (5) feet in height.
(c) Day care centers.
(d) Off-street parking lots subject to Section 9.116 (2).
(e) Public utility structures which shall conform to the yard requirements and
architectural style of the neighborhood.
(f) Open sales lots subject to Section 9.116 (14).
(g) Motor fuel stations (minor) and major fuel stations with minor repairs subject
to Section 9.117.
(h) Restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116
(15) and Prepared Food Delivery Establishments as such establishments are
defined in Section 9.103 (63).
(i) Drive-in businesses subject to the following requirements:
(i) Hours of operation shall be confined to the period between 10:00 am to
1:00 am for those serving food or drink.
(ii) The entire area shall have a drainage system approved by City Engineer.
(iii) The entire area other than that occupied by the structure or planting
shall be surfaced with a material which will control dust and drainage to the
approval of the City Engineer.
(iv) A box curb at least six (6) inches above grade shall separate the public
walk from the lot except at approved entrances or exits.
(v) The lighting shall be accomplished in such a way as to have no direct
source of light visible from the public right-of-way or adjacent land in
residential use.
O) Arcades.
(k) Vehicles, not to exceed 2-tons, for sale in conjunction with only automobile
repair businesses which do not sell fuel, provided that the following requirements
are met:
(i) Parking area for car sales cannot eliminate required parking spaces for
primary use.
(ii) No more than 10 vehicles can be displayed for sale at any one time.
(iii) Traffic flow on lot, lighting, parking lot stripping must be approved
through the Conditional Use Permit process before approval.
(iv) Size, type and style of any signage for such vehicle must be within the
vehicle at all times and approved by staff.
(v) All required state and local licenses must be obtained.
(1) Outpatient veterinary rabbit, domestic cat and/or dog spay or animal neutering
clinics.
(m) Printing shops which occupy more than three thousand (3,000) square feet of
gross floor area.
(n) Open space retail which shall be defined as a space in which assorted retailers
and merchants lease and occupy booths of various sizes which merchants offer for
display and sale new merchandise.
(o) Tire and battery sales and service.
(p)Gun and/or ammunition sales/repair, where the primary_ business (5 percent oF
sales) is through the sale of_mans and/or ammunition sales/repair, provided thc
following conditions are met:
(i) Such uses shall be located not less than 500 feet from any school, park
church, daycare center, public library_ or governmental building,
(ii) Such uses shall be located not less than one thousand (1,000) feet front
other _gun and/or ammunition sales/repair business,
(iii) Operation pursuant to MN State Statute Number 624,712 as amended.
Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its
passage.
Offered by:
Seconded by:
Roll Call:
First Reading:
Second Reading:
Date of Passage:
Mayor Joseph Sturdevant
Jo-Anne Student, City Council Secretary
DRAFT
ORDINANCE NO. 1356
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, AND
PERTAINING TO ZONING AMENDMENTS.
The City of Columbia Heights does ordain:
Section 1: Section 9.115A (2) of Ordinance No. 853, City Code of 1977 which currently reads as
follows, to wit:
9.115A (2) Conditional Accessory Uses.
Within any "I-2" Industrial District no structure or land shall be used for the
following accessory uses except by Conditional Use Permit.
(a) Those uses set forth in Section 9.115 (2) and as regulated therein.
(b) Auto sales, subject to the following conditions:
(i) The use of the property for auto sales must be accessory only to auto
repair or auto reduction yards.
(ii) The permitted and accessory uses must be on a site plan approved by
the Planning and Zoning Commission or by the City Council.
(iii) An open auto sales lot must comply with the provisions of Section
9.116 (14).
(iv) All auto's presented for sale must be parked on an impermeable to oil
and water surface in good repair, such as asphalt or concrete and on
parking spaces no smaller than twenty feet (20') in length by ten feet (10')
in width.
(v) No more than fifteen (15) cars may be available for sale at any given
time.
(vi) All cars offered for sale must be stored within a securely fenced area.
(vii) All customer and employee parking must be located on a parking lot
with a surface impermeable to oil and water, such as asphalt or concrete,
said surface must be maintained in a condition of good repair.
[-%
is hereby amended to read as follows:
9.115A (2) Conditional Accessory Uses.
Within any "1-2" Industrial District no structure or land shall be used for the
following accessory uses except by Conditional Use Permit.
(a) Those uses set forth in Section 9.115 (2) and as regulated therein.
(b) Auto sales, subject to the following conditions:
(i) The use of the property for auto sales must be accessory only to auto
repair or auto reduction yards.
(ii) The permitted and accessory uses must be on a site plan approved by
the Planning and Zoning Commission or by the City Council.
(iii) An open auto sales lot must comply with the provisions of Section
9.116 (14).
(iv) All auto's presented for sale must be parked on an impermeable to oil
and water surface in good repair, such as asphalt or concrete and on
parking spaces no smaller than twenty feet (20') in length by ten feet (10')
in width.
(v) No more than fii~een (15) cars may be available for sale at any given
time.
(vi) All cars offered for sale must be stored within a securely fenced area.
(vii) All customer and employee parking must be located on a parking lot
with a surface impermeable to oil and water, such as asphalt or concrete,
said surface must be maintained in a condition of good repair.
.9.115A (3)
Conditional Uses
Within any "I-2" Industrial District no structure or land shall be used for
the following uses except by Conditional Use Permit.
(a) Sexually Oriented Businesses.
(b)
Gun and/or ammunition sales/repair.
(i) The operation on an_v _m~n/ammunition sales/repair shall be pursuant to
the following conditions and MN State Statute Number 624,712 as
amended,
(ii) Includes all operations where the _m~n and/or ammunition sales/repair
are 5 % (five percent) or more of sales,
(iii) Such uses shall be located not less than two hundred (200) feet from
any residentially zoned property.
(iv) Such uses shall be located not less than five hundred (500) feet from
an_v church, school, daycare facility, public library or governmental building
or one hundred fifty (150) feet from a park; and
(v) Such uses shall be located not less than one thousand (1,000) feet from
other gun and/or ammunition sales/repair businesses.
Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days its
passage.
Offered by:
Seconded by:
Roll Call:
First Reading:
Second Reading:
Date of Passage:
October 13, 1997
Mayor Joseph Sturdevant
Jo-Anne Student, City Council Secretary
CITY COLTNCIL LETTER
Meeting of : OCTOBER 27, 1997
IIhM5 PUN CONSIOENAIIUN
AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER
NO: 8 CiTY MANAGER'S APPROVAL
ITEM: ToESTABLISHINGBE LEVIED AMOLTNT OF ASSESSMENTS BY: Jane G leas on BY: J~~~
DATE: 10/20/97
NO: 8 A. 1)
Consistent with Minnesota Statutes and the City Code, the City Council
annually adopts a resolution prior to the Special Assessment Public
Hearing regarding costs to be borne by the City for public improvement
projects. The resolution establishes the amount of the City share and
the amount of the special assessments for projects to be levied against
benefitting properties in the City of Columbia Heights. The purpose of
the resolution is to advise the general public of costs to be incurred by
the City versus costs to be incurred by benefitting property owners.
Adoption of the resolution is basically a routine matter in order to
comply with State Statutes and the City Code. Staff recommends adoption
of the attached Resolution.
RECOMMEAUDED ~OTIO~: Move to waive the reading of the Resolution, there being ample copies
available for the public.
RECO~EATDED MOTIOn: Move to adopt Resolution 97-57: Being a Resolution Establishing
Amount of City Share and Amount of Special Assessments on Projects to be Levied.
COLTNCIL ACTION:
j g\plr fund\oity¢ltr
RESOLUTION NO. 97- 57
BEING A RESOLUTION ESTABLISHING AMOUNT OF
CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS
ON PROJECTS TO BE LEVIED
WHEREAS, the City Council of the City of Columbia Heights by motion on the 22nd day of September, 1997, ordered a
special assessment hearing to levy the cost of improvements and
WHEREAS, the following projects will be specially assessed on November 17, 1997, and a portion of the costs may be
borne by the City,
NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the
breakdown is as follows:
CITY OF CITY ASSESSED
PROJECT ST. ANTHONY PORTION PORTION TOTAL
STREET RECONSTRUCTION
P.I.R. 906 - 9415
P.I.R. 910 - 9419
P.I.R. 935 - 9614
P,I.R. 937 - 9616
$323,410.50 $280,762.00 $604,172.50
RECYCLED BASE WlTH
NEW BITUMINOUS SURFACE
P.I.R. 907 -9416
P.I.R. 908 - 9417
P.I.R. 909 - 9418
P.I.R. 938-9617
P.I.R. 939 - 9618
P.I.R. 940 - 9619
P.I.R. 941 - 9620
286,6t8.36 275,690.50 562,308.86
MILL AND OVERLAY
P.I.R. 911 - 9420
P.I.R. 912 - 9421
P.I.R. 914-9423
P.1.R. 936-9615
P.I.R. 942 - 9621
P.I.R. 943 - 9622
P.1.R. 944 - 9623
P.I.R. 945 - 9624
P.I.R. 946-9625
P.I.R. 952-9615
SEALCOATING ZONE 2
$ 3,144.00 120,336.05 293,180.00 416,660.05
10,214.44 72,165.60 82,380.04
Passed this 27th day of October, 1997
Offered by:
Seconded by:
Roll Call:
Joseph Sturdevant, Mayor
Carole Blowers, Secretary Pro-Tem
Jg\pirfund\cityres5
CITY OF COLUMBIA HEIGHTS
Meeting of: October 27, 1997
AGENDA SECTION: I TENS FOR CONS I DERAT! ON ORIGINATING DEPT.: CITY MANAGER
NO: 8 0ther Reso]ut|ons/0rd|na:]~omm. Devel. Dept. APPROVAL
ITEM: AUTHORIZING PURCHASE OF' 3913 POLK BY: Ken Anderson~ .~.
NO: ~ ~. ~ STREET N.E. DATE: Oct. 24, 1997'
BACKGROUND
The property at 3913 Polk Street N.Eo is currently vacant with the property
owner/mortgagor being John D. Paulson. Mr. Paulson passed away and the
family has requested the City/EDA purchase the property for the amount of the
outstanding mortgage on the property. We have enclosed written correspon-
dence from Norwest Mortgage showing the pay-off amount to October 2, 1997
being $28,381.91.
This property was identified and included as a property to be acquired as
part of our scattered site tax increment financing district. We have
attached a summary sheet reflecting the windshield survey evaluation of site
taken in the spring of 1997. A severe rating was given for the fascia/
soffit, roof, foundation, siding, windows, and walls. The property is
ideally the type of property which the scattered site TIF district was
established to address. You will also find attached a copy of the Property
Record Card on file with the City.
The basic information for the subject lot and building are as follows:
Lot Size:
40' X 128' - 5,120 sq. ft. total
Detached Garage:
Year Built:
26' X 22' - 572 sq. ft.
1984
House Size: 22' X 24' -
Porch: 17' X 7' -
Deck: 12' X 14' -
Year Built: 1918
528 sq. ft.
119 sq. ft.
168 sq. ft.
ANALYSIS
The EDA considered the request of the family for the City/EDA to purchase the
site. Staff has estimated the total costs necessary to acquire/demolish the
site and have listed them below.
Unpaid principal balance/other fees:
Demolition (est.)
Misc. (legal, filing, etc.)
Total
$28,831.91
5,500.00
1,118.09
$35,000.00
The garage need not be demolished, although some repair work to the overhead
door and siding is necessary.
The EDA moved to recommend the purchase of 3913 Polk Street N.E. with funds
to be directed from the City Council for the acquisition of the property and
demolition of the residential structure. In discussion the EDA considered
using funds derived from the sale of vacant properties as a possible source
of revenue. However, only a small amount of those funds have been received
to date. Staff will later present a proposal for the City Council to
consider using the land sale proceeds as an ongoing funding source to acquire
properties on the scattered site list.
Page 9. of 2
The scattered site TIF district needs up-front monies to provide revenue to
acquire properties. In discussions with the Finance Department, it appears
that Community Development Block Grant reimbursements to the HRA fund will
provide sufficient funds to acquire this individual property. The City
auditor has indicated that the proceeds from the ACCAP loan can be used for
CDBG eligible activities without reimbursement directly to the County. There
are also additional eligible costs for 4607 Tyler Street N.E. which may be
submitted for reimbursement with CDBG funds.
The EDA also requested that the Council be advised of the special permits
that may be required to purchase and build upon a lot of this size. A memo
from the Planner which is attached hereto notes that no special approvals are
necessary to build upon a lot of this size in Columbia Heights.
CONCLUSION:
The recommendation of staff is to have the City acquire the property at 3913
Polk Street N.E. using proceeds available in the HRA fund and to authorize
preparation of a purchase agreement by the City Attorney for acquisition and
demolition not to exceed $35,000.
RECOMMENDED MOTION:
Move to waive the Reading of Resolution 97-4 , There Being Ample copies
Available to the Public.
RECOMMENDED MOTION:
Move to Adopt Resolution 97-~, Resolution Authorizing the Purchase of 3913
Polk Street N.E. and Furthermore, to Authorize the Mayor and City Manager to
Enter into an Agreement for the Same with all Related Expenses not to Exceed
$35,000, to be Reimbursed from Fund 299-46320-5110.
COUNCIL ACTION:
\bt\letter\council
RESOLUTION 97-59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
AUTHORIZING THE PURCHASE OF 3913 POLK STREET N.E.
WHEREAS, the City has found that there exists conditions of deterioration,
substandard residential structures, residential units in need of repairs which are in
violation of the City Housing Code and City Ordinances or there exists a need (due to
blighting influences) for intervention by the City to prevent further deterioration of
the area; and
WHEREAS, the City and the Columbia Heights Economic Development Authority have
Modified the Central Business District Redevelopment Project and established the
Housing Redevelopment Tax Increment Financing District No. 1 (a redevelopment district)
on May 27, 1997; and
WHEREAS, the property owner has offered to the City an option to purchase one
such parcel within Housing Redevelopment TIF District No. 1 at 3913 Polk Street N.E.;
and
WHEREAS, the City desires to acquire said parcel and demolish the residential
structure for a fee not to exceed $35,000.
NOW, THEREFORE BE ITRESOLVED by the City Council of the City of Columbia Heights
that:
The City Council hereby approves the purchase of 3913 Polk
Street N.E. for a fee not to exceed $28,381.91 which is
determined to be a fair market price given the deteriorated
condition of the structure and the assessor's estimated market
value of $58,400.
3e
The City Council directs the City Attorney to prepare a
purchase agreement and other documents necessary to execute
the sale of said property at 3913 Polk Street N.E.
The City Council authorizes the demolition of the residential
structure and other related expenses not to exceed $35,000 to
be reimbursed from Fund 299-46330-5110.
The City Council authorizes the Mayor and City Manager to
enter into an Agreement(s) for the same and to handle all the
requirements and conditions necessary to complete the transac-
tion.
PASSED THIS __ DAY OF , 1997.
MOTION BY:
SECONDED BY:
ROLL CALL: AYES:
NAYS:
Joseph Sturdevant
Its Mayor
ATTEST BY:
JoAnne Student
City Council Secretary
bt/reso%ut~/res~ 12
CITY OF COLUMBIA HEIGHTS
Date: October 24, 1997
To:
From:
Re:
Mayor Joseph Sturdevant
City Councilm~a~ers
Tina Goodr~lam~er
3913 Polk Street N.E.
The property located at 3913 Polk Street N.E. measures 40' x 128' for a total of 5,120 square
feet. This property is located in the R-2 district which requires a minimum lot area of 6,500
square feet as well as a 25 foot front yard setback, 30 foot rear setback and 5 foot side yard
setbacks.
Obviously this property cannot meet all of these standards, however there is a provision in the
Zoning Ordinance that if a residential lot can meet 100% of the front yard, side yard and rear yard
setback requirements and 60% of the minimum lot area or lot width requirements it is considered
a buildable lot. With this provision a lot area of 3,900 square feet is considered buildable if all
setbacks are met. No special approvals are required with this provision.
OCt 03'~7 10:00 FR P~YOFFS ~
Norwest Morlgage, I~c.
Home Campus
Des Moine$, IA $0328
1/800-288-3212
PAYOFF STATEMENT FIGURES MI/ST BE VERIFIED 24 HOURS PRIOR TO PAYOFF
October 02, 1997
Scott Pollock
Fax 612/559-0633
(000} 000-0000
Mortgagor: John D Paulson
Property Address: 3913 Polk St N E
Columbia ~eights M~ 55421
Loan No.: 103797 Loan Type: Conventional
This-loan is due for the September 01, 1997 payment.
The current total unpaid Principal Balance is:
Interest at 9.75000% from 08-01-97 to 10-02-97
Escrow/Impound Overdraft
Unpaid Other Fees
Recording Fees
Fax Fee
Inspection Fee
27,564.25
456.50
313.4!
8.25
19.50
10.00
I0.00
* * TOTAL AMOLTNT TO PAY LOAN IN FULL * * $ 28,38!.91
This figure is good to October 02, 1997. Funds received after
October 02, 1997 will require an additional $ 7.36 per Day. A
late charge of $.00 will be assessed 15 days after a current
payment is due and should be added to the payoff total, if received
after that time. issuance of this statement does not suspend the
contract requirement to make the mortgage payments when due.
NMFL ~0,9205 9/§6
** TOTRL PRGE.002 **
OC~ 03'S7 10:00 fr PAYOFFS
0000000'1B0000 T0 BIGI255BOS~
OCT _. 6 1~gT
P.Ol/O~
-- ~~ MORTGAGE
~mmm~
Pg: 2
RE: John D Pautson
Norwest Mortgage, Inc.
Home Campus
Des Moine$, IA 50328
1/800-288.3212
Loan number: 103797
Client 472
Tax Amount Disbursed $ 446.79 Las~ Date Disbursed 09-09-97
Insurance Amount Disbursed $ 353.00 Last Date Disbursed 07-1!-97
Figures may be adjusted if any check/draft previously credited is
rejected ~y the institution upon which it is drawn. Unless you notify
us otherwise, if you fail to remit funds suf ' ' .
loan in full, Norwest may, at it' .... ~-- _f!~ze~t ~o pay your mort a e
account to comDlete the ~i,-off ~.~x~'_~PPiY =unds from your esc~
z - ~ w= ~uce!ve an insufficient amount
for payoff that cannot be deducted from your escrow account per Norwest
policy, we will immediately notify you of the shortage amount. We must
receive funds to cover the deficiency on ~he fol!owin~ business day.
Interest will continue to accrue until NorwesL Mortgage, !nc. receives
full payment.
Send Payoff Funds
Norwest Mortsase, Inc.
ATTN: Payoff Dept. MS 122539
405 SW 5~h Street
Des Moines, IA 50328
Wire Payoff =-k~nds to:
Norwest Bank, Des Moines, IA
Norwest Mortgage, Inc.
RTR: 073000228 Acct: 7028209
To further credit: 103797
Mortgagor: John D Paulson
Sender,s Name and Phone Number
PLEASE DETACH AND SEND WITH PAYOFF FUNDS-PLEASE PRINT OR TYPE
Loan No.: 103797 ........
John D Paulson
3913 Polk St Ne
Mpls , MN 55421
CURRENT OWNER'S MAILING ADDRESS - Providing this address will ensure
our customer receives ~he escrow balance, year-end interest statement
and other documentation, if applicable.
T~E SATISFACTION OF MORTGAGE WILL BE MAILED~T~E COUNTY~
XP041-076/3L2
NMFL ~0820S 9/06
CITY OF COLUMBIA HEIGHTS
Meeting of: October 27, 1997
AGENDA SECTIOn: ITEMS FOR CONS1DERATIOI~ ORIGINATING DEPT.: CITY MANAGER
NO:~ Other Bl]~.~ Comm. Devel. Dept.f~ APPROVAL
ITEM: REQU~S.T FOR .PROP~O~ALS-COMP PLAN BY: Tins Goodr0~~
NO: ~ UPDATE DATE: Oct 23, 199~/
Background
Staff has prepared the attached Request for Proposals (RFP) for
consulting services to update the Comprehensive Plan. There are several
components to the Comprehensive Plan which need review and updating.
Some of the engineering areas may be removed from the RFP if the city's
Engineering Department can complete the requirements. These areas
include: water and sanitary sewer plans, transportation, and development
of a Capital Improvement Plan.
Staff expects the consultant to work with the following areas of the
Comprehensive Plan:
Land use plan and zoning inconsistencies
Goals/Objectives and Implementation
Economic Development and Redevelopment Plans
Goals/Objectives and Implementation
- Park systems and trail development
Goals/Objectives and Implementation
Zoning Ordinance Update
Goals/Objectives and Implementation
- Technical services
Conclusion
The RFP will be sent to six - eight firms specializing in planning for
return by November 24, 1997. The proposals will be reviewed by staff,
Planning and Zoning Commission, and City Council. The top firms may be
selected for interviews by the City Council mid December.
Recommended Motion:
Move to authorize staff to seek proposals for planning consultant
services to update the Comprehensive Plan, rewrite the Zoning Ordinance,
and provide ongoing technical services to the City of Columbia Heights.
COUNCIL ACTION:
\bt\ letter\council
CITY OF COLUMBIA HEIGHTS
Request for Proposals to provide planning services for
Comprehensive Plan Update
Per the Planning Enabling Statute MN Statutes 462.351-355
And the Metropolitan Land Use Planning Act
MN Statutes 473.851-871
Purpose:
The City of Columbia Heights is requesting from selected land planning firms proposals to
provide services to update the City's Comprehensive Plan in order to comply with Minnesota
Statutes and the Metropolitan Land Planning Act requirements.
Background:
The last Comprehensive Plan update was completed in 1992.
Goals:
In reviewing the Comprehensive Plan all requirements should be reviewed and incorporated into
the update. New sections to the plan shall be established to guide the City through redevelopment
processes. The City's Zoning Ordinance shall be rewritten to ensure consistency and accuracy
with the Comprehensive Plan.
Process:
Direct the process of updating Comprehensive Plan sections listed under plan elements and
provide goals and objectives and implementation for each element. If there are routine events or
portions of an element that City staff can handle, give recommendations for that process. A
second consultant is currently under contract to complete the Life-cycle Housing portion of the
Housing Section while staff completes the remaining portion of this section.
Timeline:
The Comprehensive Plan update is due December 1998. Community meetings, Planning and
Zoning Commission meetings and Public Hearings should take place no later than five months
prior to the deadline to work through the planning process in a thorough and complete manner.
The anticipated public hearing date to be held by the City Council is October 19, 1998.
Plan Elements:
Land Use Planning
Economic Dev./Redevelopment Plan
Park System and Trail Plan
Zoning Ordinance Amendment
Capital Improvement Plan
Water and Sanitary Sewer Plans
Transportation Plan
Required Outcomes
Goals/Objectives
Goals/Objectives
Goals/Objectives
Goals/Objectives
Goals/Objectives
Goals/Objectives
Goals/Objectives
Implementation Plan
Implementation Plan
Implementation Plan
Implementation Plan
Implementation Plan
Implementation Plan
Implementation Plan
Instructions to ~he Applicant
If your firm is interested in providing land use planning services to the City of Columbia Heights
to update the Comprehensive Plan, the City requests that you submit the following information:
1. The name and location of your firm and location of head offices, if different.
2. The number of years in operation at the Twin Cities location and at the head offices, if
different.
3. A brief(less than two pages) description of the finn and the type of work it does. The
City of Columbia Heights is especially interested in prior comprehensive plan preparation
experience.
4. Identify the person who would serve as primary contact and lead land use planner in
providing the City with planning services. If more than one person is anticipated to assist
in carrying out these duties, they too should be identified. A short (less than two pages)
resume of those involved should be attached, should clearly identify qualifications to
perform the intended duties and should list the following:
a. Education
b. Years of experience performing municipal land use planning work on behalf of
public employers.
c. Years of experience performing municipal land use planning work on behalf of
private employers.
d. Other areas of expertise.
e. Verify that your finn and it's members have no conflict of interest which would
impair your ability to provide the City of Columbia Heights fair and unbiased land
use planning services. If unable to provide such verifications, please list any and all
circumstances which may represent such conflict of interest.
5. A description of your firm's approach to this project, to include:
a. Scope of work; including aider review of the current plan any processes or
procedures omitted from plan element listings which should be included or
supplementary information which is necessary.
b. A time schedule of the major milestones of the project.
c. Assistance and participation expected from City staff and/or community.
Compensation;
Compensation from the City of Columbia Heights to the firm selected to provide land use
planning services will be stated in terms of a cost plus materials with a "not to exceed" amount.
The "not to exceed"fee is intended to include all consultant staff time necessary to perform the
required land use planning and consulting services for:
1. Updating the City's Comprehensive Plan.
2. Rewrite the City's Zoning Ordinance.
3. Providing ongoing technical services to City staff.
Evaluation and Selection:
Evaluation and selection of a firm to provide land use planning services to the City of Columbia
Heights will be based on the following:
A. Evaluation Criteria
1. Qualifications of firm and land use planner who will serve the City of Columbia
Heights:
* Skill and ability of assigned personnel.
* Applicable experience with municipal Comprehensive Plan preparation.
* Knowledge of all Minnesota laws and regulations related to land use
planning, zoning, comprehensive planning and economic development.
2. Costs
*Reasonableness of costs.
3. Other Factors including; * Demonstrated knowledge of the City of Columbia Heights and its
development characteristics.
* Availability and location of assigned personnel.
4. Prt)cedure
Responses will be reviewed and evaluated by the Columbia Heights Planning
and Zoning Commission, City Council and City staff. The top firms may be
interviewed after initial evaluation has been completed. All candidates will be
notified by mail as the selection process progresses.
Submission Deadline
Proposals must be received by 12:00 noon on November 24, 1997. Twelve copies of the
proposal should be sent or delivered to: Kenneth Anderson, Community Development Director,
City of Columbia Heights, 590 40th Avenue N.E., Columbia Heights, MN 55421. Questions
regarding this RFP can be made to Tina Goodroad, Planner, at 782-2856.
COLUMBIA HEIGHTS CHARTER COMMISSION
SEPTEMBER 18, 1997
7 P.M.
GAUVITTE ROOM
J. P. MURZYN HALL
CALL TO ORDER
The meeting was called to order by President Nawrocki at 7:14 p.m.
ROLL CALL
Members present: Joel Cason, Janis Larson, Bruce Nawrocki, Gary Olson, Nan Tilkens, Jamie Verbrugge
Members absent and excused: Ted Landwehr
Members absent and unexcused: Carol Crema-Klein, John Murzyn, Dick Schmidt, Theresia Synowchinski
NOTE: Bill Antzaras arrived at 7:47 p.m., at which time a quorum was present. Brian Peterson arrived at
7:58 p.m.
Also present: Don Jolly (7:40 p.m.), Carole Blowers (Recording Secretary)
Membership stands at thirteen.
As there was not a quorum when the meeting was called to order, informal discussion followed.
CORRESPONDENCE
The letter received from the Chief judge dated September 9, 1997, was discussed regarding membership.
Members were urged to solicit new members. Applications can be obtained at City Hall. Nan Tilkens will
be seeking reappointment.
OLD BUSINESS - REPORT ON CHAPTER 3, SECTION 17
President Nawrocki stated that he attended the council work session on September 15, 1997, where the
item was discussed. A few questions were raised on the latest version passed by the Charter Commission
on this charter amendment. It is to be placed on the City Council agenda this Monday, September 22,
1997. It was the hope of the commission that after this amendment is passed, that the library will get
copies of the work session minutes.
OLD BUSINESS
Continued Review of Chapters 7 through 12 of the Cit_v Chager
Items that were of concern brought up at the last meeting were briefly discussed:
- The recording secretary brought over the latest printed copy of the City Code, which contains the
Administrative Code in Section 3.
- President Nawrocki stated that he had mentioned at the last council work session the item about
the $3,000 limit in Section 56. No comments were received from the City Manager or the council.
- In reviewing Ordinance 1086, it appears that the changes made in that ordinance made the charter
gender-neutral.
Continuing on in Chapter 7, Section 63, discussion was held about the passage of the budget and when it is
overruled by state statutes.
At this point (7:47 p.m.) a quorum was reached when Bill Antzaras arrived.
Discussion on MSA streets was held.
Chapter 9 (Eminent Domain), and Section 91 (Public Utilities) were also discussed.
Charter Commission Meeting
September 18, 1997
Page 2 of 2 Pages
Chapter 10 (Franchises) was briefly discussed and how rates and charges are regulated.
Chapter 12 (Miscellaneous Provisions)--Section 108 (posting on bulletin boards); and Section 116 were
discussed.
Chapter 14 (City Officials not to accept favors) was briefly discussed.
Commissioner Olson questioned when it appears that according to the charter vs. statutory city comparison
provided to members that it appears state statutes overrides 95% of the charter, why have these items in
the charter? It was reiterated that the information provided in the comparison was only general in nature.
At this time, since there was a quorum, a motion xvas made by Nan Tilkens, seconded by Janis Larson, to
approve the minutes of the Special Charter Commission meeting of August 21, 1997. Motion passed
unanimously.
President Nawrocki at this time reiterated the different areas of the charter which could be further
reviexved/discussed by the commission based on the recent review of the entire charter:
- Terms of the mayor (currently two years). Councilmembers currently serve four years.
- Ward system of councilmembers representing certain sections of the city
- Setting council salaries (currently councilmembers are paid $7,500 plus benefits for a total of
$11,000 a year; the Mayor is currently paid $9,000 plus benefits for a total of $13,000 a year). Charter
Commission members asked if Councilmember Jolly could estimate how much time he spend on council-
related meetings, preparation, etc. He estimated about 20 hours a week minimum.
The recording secretary will check to see if there are any charters before 1950 at City Hall.
Meeting notice requirements were reviewed and discussion on special elections was briefly held.
NEW BUSINESS
Jamie Verbrugge mentioned that in October, the election of officers should be held. He also asked for
further clarification on how many vacancies there were (5). Members are encouraged to talk with friends
and neighbors to find more people to serve on this commission.
NEXT MEETING DATE
The next regular meeting will be Thursday, October 16, 1997, at 7 p.m.
ADJOURNMENT
Motion by Nan Tilkens, seconded by Jamie Verbrugge, to adjourn the meeting at 8:47 p.m.
Sincerely,
Recording Secretary
THE MINIYrES OF THE
TELECOMMUNICATIONS COMMISSION
MEETING OF
THURSDAY, OCTOBER 16, 1997
The meeting was called to order at 7:35 pm by Chairman, Dennis Stroik.
Roll Call:
Commission members:
Dennis Stroik, Ruth Graham,
and Ken Henke.
Council Representative:
Meg Jones
City Representative:
Jean Kuehn
Cable TV Representative: J ' Kathi Donnelly-Cohen
Legal Counsel:
Tom Creighton
APPROVAL OF MINUTES:
Motion by Ken Henke, seconded by Ruth Graham to approve the minutes from the meeting of
August 21, 1997. AH ayes.
OLD BUSINESS
A~ Channel Check
Everything checked out fine during the channel check.
B. Correspondence Log and Complaint Follow Up
There were no complaints or correspondence received since the last meeting.
C. Update on Best Available Technology to Refurbish the Cable Dist. System
Linda faxed Kathi a letter formally requesting another report regarding this issue with
more details than the report we received last spring. Kathi said she will not be able to
provide us with the specifics on the design even in this report, as they are still working on
the plans. However, they have decided that our system will not be channel mapped. She
also knows we will be changing from 450 megahertz to 750 megahertz. They also will be
putting in new fiber so the cascades will be shorter. Subscribers should see improvement
with the ingress problems they've experienced on local channels due to the new fiber lines.
Kathi will submit the new report before the next meeting.
Telecommunications Minutes
Page 2
October 16, 1997
D. Stares of Digital Light System in Council Chambers
Jean Kuehn reported that she is still working with Brian from Alpha Video on this.
He is the only one that has shown any interest in bidding this project. However,
this has been a low priority item for him as he has been busy upgrading systems in
other Cities similar to what we did a few years ago. She will keep the commission
informed of any information she receives regarding this request.
E. Other Old Business
There was no other old business.
NEW BUSINESS
A. Sales of North Central Cable Comm. To Charter Communications
Tom Creighton reported that notification (FCC Form 394) to sell the cable system
to Charter Communications was received on July 16, 1997. We then had 120 days
from that date to review the legal, technical, and financial qualifications of the
company. Our legal counsel made several requests for information to assess the
ability of Charter Communications to own and operate this system. They were
slow to respond to our requests, and as a result, the time frame to complete this
analysis has been extended. There are still some issues that need to be addressed
before our legal counsel can make a recommendation regarding this transfer. One
of the issues deals with Competition and the other deals with the ability to
guarantee the operation of the system if need be.
Tom stated that he will have a report prepared by the first part of November and
that he will make a presentation ofthe facts at the November 20, 1997, joint
meeting with the Telecommunications Commission and the City Council. The
City will then have until January 19, 1998 to make their decision on whether or not
to approve the transfer.
B. Notice of Rate Increase Received
On September 30 we received notice that Meredith Cable would be adjusting their
rates for equipment and Basic and Preferred Basic Service levels~ This year the
Company has elected to utilize the FCC 1240 form rather than the 1210 forms
which ha~e been used in the past. Kathi explained the calculations that were made
on the 1240 forms. She also reviewed how the calculations affected the revenue-
neutral shift in rates between the Basic and Preferred Basic tiers. The figures listed
Telecommunications Minutes
}~age 3
October 16, 1997
the proposed justified amount that Meredith could raise the rates to, as well as the proposed actual
amount they have agreed to set them at. They have decided not to raise them to the justified amount.
However, under this new system, the Company can increase them to the justified amount at any time
within the next 12 months without coming back for our approval. Once our time frame passes, they
have this right, so it important to make sure the proposed justified amount is accurate. This will also be
discussed at the November 20, 1997, meeting once the figures have been reviewed.
C. FCC Decision in Troy Case
The FCC finally made a decision regarding the dispute between the City of Troy and the local cable
operator, TCI. The FCC determined that cities still have the right to regulate their right of ways. Tom
explained that there are dramatic differences between Michigan and Minnesota laws regarding use and
control of right of ways. He also reminded the city that in order to exercise management of the right of
ways, municipalities must adopt and enforce a "fight of way ordinance." Because of these adopted
ordinances and the differences in the laws of Minnesota, Tom does not think this decision will have a lot
of affect either way for cities located in this state. It was reported that Linda will be reviewing the model
right of way ordinance at the November 20, 1997 meeting with the City Council and will seek their
approval of such.
D. MACTA Annual Conference
This was just a reminder that Jean Kuehn and Reuben Ruen will be attending the MACTA Annual
Conference on October 30 and 31, 1997.
E. Request for Contribution to Metro Cable Network (Channel 6)
Channel 6, the Metro Cable Network, recently sent a letter to the City requesting a contribution to
support the programming they provide the Twin Cities Region. We have contributed to MCN in the
past. In 1994 we donated $200 and in 1996 we donated $250. After some discussion on whether funds
were budgeted for this, a motion was made by Ruth, seconded by Dennis that a contribution of $400 for
1997 be made to MCN. All ayes.
F. Joint Meeting with City Council
The joint meeting between the Telecommunications Commission and the Columbia Heights City
Council has been rescheduled for November 20, 1997, at 7:30 pm. Several items of importance will be
addressed at this meeting that will require action by the City Council.
G. Other New Business
A copy of the franchise fees for the third quarter of 1997 were passed out at the meeting for the
commissioners to review.
Telecommunications l~mutes
Page 4
October 16, 1997
.REPORTS
Report of the Commissioners
Sean Kuehn will be putting the election results on the Government Access Channel 16 as they
become available in the upcoming election.
B. Report of Meredith Cable
The reports for August and September were enclosed in the agenda packets. Kathi answered
questions of the commissioners. Kathi stated that beginning in December there will be a program
guide available for $2.50/month. This guide will be larger than the previous one and will include
all programming for the local stations, the various levels of service fi.om the cable company, as
well as the schedule for pay per view programming.
C. Report of the Cable Attorney
Tom reviewed the letter of October 9~ that was sent to Meredith Cable requesting
documentation of gross revenue calculations since 1990. This letter was sent because the US
Court of Appeals for the Fifiah Circuit determined that the standard definition for "gross revenues"
or "Crross receipts" includes amounts collected from subscribers for franchise fees, regardless of
whether such fees are directly passed through to subscribers. Ii'Meredith has not included
franchise fees in the gross revenues for the purpose of calculating the franchise fees, they would
owe additional franchise fee payments to the city. If this documentation is not received by the
November 20, 1997 meeting, the city may need to authorize an audit of the franchise fee
payments.
Tom also stated that another court case is questioning the $5.00 late fees that are charged by
cable companies, and the franchise fees that are added to this amount. Depending on the outcome
of this case, the city could find that the 5% franchise fee on this amount may have to be refunded.
D. Report of the Special Projects Coordinator
Jean Kuehn inquired if Meredith would consider upgrading the editing equipment at the cable
studio to non linear equipment. Kathi responded thai. equipment would be upgraded or replaced
as needed, but that city staff does not get to choose the equipment.
Motion by Ruth, seconded by Dennis to adjourn the meeting at 8:35 pm. All ayes.
Respectfully submitted,
Shelley Hanson
Secretary
l*-I
MINUTES
October 7, 1997
The meeting was called to order by Chair, Barbara Miller. Those present were: Barbara
Miller, Richard Hubbard, Don Jolly, Pat Sowada, and Becky Loader.
It was moved, seconded, and passed to approve the minutes of the September 2na meeting as mailed.
The October 13a bill list was reviewed. It was moved, seconded, and passed that the bills be paid.
The accounting was reviewed.
Old Business:
1.)
2.)
Update on the newly hired pages. Rebecca Patrin passed her page test and will begin
working one night a week. The other page Lauri Willard did not pass the test and will
spend some review time and be re-tested on October 9.
2 bids have been returned to Mel Collova for the repair of the library roof. The matter
is being pursued.
New Business:
1.)
The November meeting of the Library Board must be changed due to election day. After
discussing possible dates it was decided to hold the meeting on Monday, November 3fa,
1997, at 7:00 p.m.
2.) Crossover statistics were reviewed.
3.)
Thank you letter to the Friends for their donations from the Campbell's Labels Campaign
was reviewed.
4.)
Mary Kloss submitted the one page annual report that was distributed at the Library open
house to the MLA (Minnesota Library Association)public relations award contest. She
was one of five finalists chosen to make a presentation at the MLA convention held
October 3ra and 4~h. Although the report did not win, she was given a certificate of
recognition that was shared with the Board.
5.)
There has been a death in the family of Shari Briley and she will be out of town until
October 13.
6.)
Security System update was given. A presentation to the City Council was given on
October 6~, 1997. It was reported that the project is coming in a little under budget due
mostly to the fact that we can purchase off the State contract for supplies, and that the
security system is not taxed.
7.)
Pat Sowada wanted to compliment whoever is responsible for the displays in the East
Room display case for the beautiful displays that are done and to request that perhaps
some way can be devised to move the case into a more central location.
Them being no further business the meeting was adjourned at 7:53 p.m. to meet with the City Council for
a budget meeting at 8:00 p.m.
dt, 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
etnployment 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, progra~ns, and activities.
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS BOARD OF TRUSTEES
VOLUNTEER RELIEF ASSOCIATION
SEPTEMBER 22, 1997
o
o
CALL TO ORDER/ROLL CALL
The Mayor called the Board of Trustees Meeting to order at
8:50 p.m.
Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann
and Peterson were present.
APPROVAL OF MINUTES OF AUGUST 11, 1997
Motion by Ruettimann, second by Sturdevant to approve the
minutes of the August 11, 1997 Volunteer Relief Association
Meeting. Roll call: All ayes
APPROVAL OF RESOLUTION NO. 97-53 BEING A RESOLUTION APPROVING
THE ADOPTION OF THE NEW BY-LAWS FOR THE COLUMBIA HEIGHTS FiRE
DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION
The general consensus of the Council was that this matter
required additional information.
Motion by Ruettimann, second by Peterson to table the approval
of Resolution No. 97-53 until the October 13, 1997 Council
Meeting. Roll call: All ayes
ADJOURNMENT
Motion by Peterson, second by Jolly to adjourn the Board of
Trustees Meeting at 8:52 p.m. Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
COLLYlx/~IA HEIGHTS VOLUNTEER FIRE RELIEF
BOARD OF TRUSTEES MEETING
OCTOBER 13, 1997
10:07 P.M.
CITY COUNCIL CONFERENCE ROOM
The City Manager asked if the council reviewed charges from Ms. Boston.
Bob Reutfimann stated the correspondence did not address five year vesting. The City Manager stated
that the Federal Government suggested coming down to 5 years. Bob stated that nothing changed, and
that he had not received a response to his request to consider this.
The issues are vesting in five years, and 40% vesting after ten years to 60% vesting after ten years.
The members have not seen these materials. Currently there are 24 members. Dana Alexon stated that
decision were left to the Board of Examiners. He has seen the original document, but not the new
material. The City Manager suggested that this item be tabled. Dana Alexon stated that he would prefer
tabling the item. He explained the history of the bylaws and their evaluation with Kfista Boston, legal
counsel.
The City Attorney, Jim Hoeft, stated he was willing to review and answer questions, but wants specific
questions to respond to.
Don Jolly stated that he believes in the concept, but more communication is needed.
Dana stated the bylaws have to be approved by the end of October.
Fire Chief Kewatt stated that f~re departments are pushing the state to use some of these funds for training
(2% state aid). This can change.
Bob Ruettimann stated that the purpose was to relieve the city of this financial obligation down the road.
He was not aware that we may have to pay again in the future.
The City Manager stated that the volunteers have no responsibility regarding management of the
department and it should be clarified in the by-laws.
The deadline date of November 1st needs to be verified with the Finance Director.
Motion by Gary Peterson, seconded by Bob Ruetfimann, to table this item to the next meeting of the
Board of Trustees on October 27, 1997, or sooner. Motion passed unanimously.
Respectfully submitted,
JoAnne Student, Council Secretary
CITY OF COLUMBIA HEIGHTS
Meetin~ of Octobeer 27 1997
AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER
Relief Association Fire APPROVAL
NO:
ITEM: John A. Fearon BY: Charles Kewatt BY.'/~~~,~
Leave of Absence
DATE: October 14, 1997 DATE:
NO:
Columbia Heights Fire Department Volunteer Relief Association
Board of Trustees
Please be advised that John A. Fearon has been granted a six-month medical leave of absence from the
Volunteer Division of the Fire Department, The effective dates of this leave are September 1, 1997 to
March 1, 1998.
RECOMMENDED MOTION: Moved to record medical leave-of-absence status for John A. Fearon,
Volunteer Division, effictive September 1, 1997 to March 1, 1998.
97-126
cc: Volunteer Relief Association Secretary
COUNCIL ACTION:
VOLUNTEER FtRF_ RELIEF ASSOCIATION
BOARD OF TRUSTEES LETTER
Meetin~l of: October 27, 1997
AGENDA SECTION: VOLUNTEER FIRE RELIEF ORIGINATING CITY MANAGER
ASSOCIATION DEPT: APPROVAL
NO:
BY-~WS FOR THE COLUMBIA HEIGHTS FIRE DEPT. DATE: 10/24/97 DATE: /
RELIEF ASSOCIATION, VOLUNTEER DIVISION
NO:
Background
In December of 1995, the Volunteer Fire Department Board of Examiners approached the City Manager requesting some changes
in their pension plan, by-law changes, and that the Board of Trustees membership be comprised of members as defined in general
Minnesota state statutes, which is the case for all other relief associations in the state of Minnesota. At the present time, there is
special legislation whereby the Board of Trustees for Columbia Heights is comprised of the City Council. From this request, in January
of 1997 the City Council/Board of Trustees approved a buy-out plan to buy out the current retirees; subsequently eliminating all
monthly pensions. The next aspect of the plan was to convert the current defined benefit monthly pension/lump sum plan to a defined
contribution. Under the current defined benefit plan, the City of Columbia Heights guarantees a certain benefit to retirees. Under a
defined contribution plan, the City commits a certain dollar amount to the plan on an annual basis, and the benefits retirees receive
at the time of retirement are based on the funds available in the plan. This type of plan is more comparable to other state pension
plans and removes the City from the unknown liability of guaranteeing a specific benefit for the life of the retiree.
At the present time, the current by-laws have been rewritten with the assistance of Kdsta Kay Boston, a private attorney who worked
for several years in the pension division of the State AuditoCs office. One of Ms. Boston's specialties at the present time under private
employment is in the area of fire relief associations. Based on this and the recommendation of Bdan Rice, the attorney who aided
us previously, Ms. Boston was contacted to rewrite the by-laws. She currently has rewritten the by-laws to incorporate all of the
requirements and changes in state statutes, and to place a provision in the by-laws for a defined contribution type pension plan. The
way the proposed by-laws are written, the only funds going into the plan on an annual basis are the aid the City receives from the
state of Minnesota that is collected on insurance premiums specifically for fire relief association pensions. The by-laws do not provide
for any additional contribution on the part of the City. The current amount of aid that is received on an annual basis for this purpose
is $54,482. The current proposed by-laws still designates the City Council as the Board of Trustees.
The attached copy of the by-laws shows the changes that were discussed at the work session. Red lettering are items that were
changed pdor to the work session; blue lettering are items that were changed based on the discussion at the work session. In addition,
we have attached a letter from Kdsta Kay Boston outlining the changes that were made as a result of the City Council work session.
At a previous work session, and at the last meeting of the Board of Trustees of the Fire Relief Board, several questions were raised
which required a response from the Board of Examiners of the Relief Association and/or the entire Relief Association. Bill Elrite
itemized those issues in a memo, and Rick Lange, President of the Fire Relief Association, responded to those questions in a memo
dated October 20t~.
In addition, we have received a response from Krista Kay Boston retained by the Relief Association regarding the issue of liability
for a defined contribution plan (see attached memo).
Attached also for your review is a copy of a survey from Chief Kewatt regarding the vesting percentages authorized in the various
cities and/or fire districts.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public.
RECOMMENDED MOTION: Move to adopt Resolution 97-53, adopting new by-laws of the Columbia Heights Fire Department Relief
Association, Volunteer Division.
COUNCIL ACTION:
RESOLUTION NO. 97- 53
BEING A RESOLUTION APPROVING THE ADOPTION OF THE NEW BY-LAWS
FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF
ASSOCIATION, VOLUNTEER DIVISION
WHEREAS, the City Council of the City of Columbia Heights established a committee of the Council
to meet with the Board of Examiners of the Volunteer Fire Relief Association to review pension and by-law
concerns and;
WHEREAS, it was the joint recommendation of this group to adopt new by-laws which comply with
State requirements and;
WHEREAS, it was the joint recommendation of this group that the new by-laws provide for a defined
contribution pension plan;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the
attached by-laws be adopted covering the Columbia Heights Fire Department Relief Association, Volunteer
Division.
Passed this
Offered By:
Seconded By:
Roll Call:
day of ., 1997
Joseph S. Sturdevant, Mayor
Jo-Anne Student, Council Secretary
970911 t
October 4, 1997
Rick Lange
First Community Credit Union
843 40~ Avenue N.E.
Columbia Heights, MN 55421
By facsimile: 788-7724
RE: Changes to Bylaws
Dear Mr. Lange:
I have revise several provisions of the bylaws per the request of the Board of Trustees. I suggest
the £ollow.ing changes:
· Revise Section 7 of Article III: Add the following sentence at the end - "rI2ae fire chief of the
Columbia Heights Fire Department shall, annually, provide a certification to the Board of
Trustees that includes each members months of active service for the prior year. The active
service computation and certixqcation shah be consisted with this Section and Seztion 6 of
this Article and the rules and regulations of the Fn~e department."
· Add new section 8 to Article l'V: Conduct of Meeting of Members: Subject to the
following, and where not inconsistent with state statute, meetings o['the members shall
follow Roberts Rules of Order, Revised [you may want to insert edition used]:
1. The chair of the meetings shall have absolute authority over matters of procedure
and there shall be no appeal from thc ruling ofthe chair. If the chair, in his absolute
discretion, deems it advisable to dispense with rules of parliamentary procedure as
to any one meeting ofmembers or part thereof, the chair shall so state and shall
olcarly state the rules under thc meeting or appropriate part thereof shall be
~onduete&
2. If disorder should arise which prevents continuation of the legitimate business of the
-mee~dngs, the ,hair may quit the chair and announce adjoummeiat of the meeting;
and upon his so doing, the meeting is mediately adjourned.
(This is generally put into place to prevent a coalition of people from taking over a
meeting.)
· Revise Section 1 ofA. rti¢le ,XWIII: Revise the following sentence - ...shall be given two
prior readings of the same amendment at a regular or special meeting not than sixty-one
(61) and thirty-one (31) days respectively, next preceding that upon which such amendment
or amendments are acted upon, and that a notice be sent to each Trustee not less than ten
(10) days prior to math meeting. (please note that the articles of incorporation should be
amended to allow for the membership to amend the bylaws. I have attached a sample
provision you can use.)
· I have also read the bylaws in their entirety and have the following suggestions:
1. You probably already know this but just in case, make sure to take the footnotes out.
2. I did a search and replace before I sent them to you and replaced .relief association with
volunteer division. You may want to read through one more time and ensure that you
want the term "volunteer division" instead ofreliefassoc4ation. E.g. cheek section one
of Article II at the end of the paragraph. Should this be "association"? Even if the
special law refers to the volunteer division, its okay to use the term "association" to refer
to the corporate body. It may make more sense to the member who is reading the
bylaws.
3. Section 15: I would reword to - Inactive Member: "A person who was a member of the
Association and of the Fire Department who has terminated from the Fire Departmem,
and who has not completed the minimum service requirements for a retirement pension
as required by Minn. Stat. §424A.02, Subd. 4 and section 6 o£this Axticlc."
4. Section 17: I would reword to- Disabled Member: "A member who has retired from
the Fire Department that meets the requirements of Section E of Article XII, and ~vho
has not yet received the full disbursement from his or her account."
· Finally, chapter four of the MARAC handbook recently came out. It has a sample
continuing education plan that the board of trustees may want to re'vie, v, revise and consider
adopting.
It has been pleasure to work with you. Il'you have questions about any oft. his information, or
need any other assistance in the future, please feel free to contact me at (612) 578-9785.
Warmest regards,
[original with signature sent by mail]
Krista Kay Boston, Attorney at Law
Change to articles: Section [number] The power to adopt, amend or repeal the Bylaws ofthis
corporation is reserved to the Members. The procedure for amendment of the bylaws shall be as
stated in the Bylaws of the association. If the directors initiate an amendment, proper notice of
the proposed amendment must precede the meetings of the members at which the reading of the
amendments shall occur and at which the amendment will be considered. The notice must
include the substance of file proposed amendmeat.
Date:
October 20, 1997
TO:
Columbia Heights Voltmteer Relief Association, Board of Trustees.
C/O Walt Fehst
William Elrite
From:
Rick Lange / President, C.H.V.R.A. Board of Examiners
Re:
Questions raised at October 13th Meeting (copy attached)
Do to my daughters Confirmation, I will not be able to attend the workshop you
scheduled for October 20th, but have included answers, as time allowed, to the questions
you posed. Dana Alexon and/or Bob Surbrook will be available for you at the workshop
for any additional questions or concerns.
As I'm sure you've been made aware, we do have a Nove~nber 1st deadline to complete
the reworking of the bylaws or risk losing substantial funding. You may reach me during
the day at 788-7700 should you have any further questions.
Answers:
1) The Board of Examiners has seen the second to the final copy and has seen the
suggested additions to it provided by K. Boston. The final draft was provided to them as
soon as it was provided to me. They should have seen it by now.
2) The entire Relief Association has o~zly seen the original revision and has been kept
up to date with the suggested changes, as we, the examiners have been made aware. The
membership has asked us to handle the fine tuning of the bylaws and bring back the final
adopted version.
3) The five year vesting plan has merit and we will talk to the membership for
adoption at a future time.
4) In the last negotiating session(6 years ago) it was agreed that the ten year/60%
vesting schedule should be adopted at this time. We feels that it makes sense with the
new plan, but will agree to less if that is a major proble~n for the Board of Trustees.
5) As Krista Boston indicated at our workshop session on September 29th, that when
statutes change to allow more liberal vesting, it takes many years for all the relief
association plans to incorporate those changes. She indicated that the trend was to the
higher vesting schedules in the plans that she was familiar with. From the State Auditors
Department for the year ended 1993(that's the latest I have) on Volunteer Relief
Association Funds, I have copied the pages for Defined Contribution Plans for your
review. As you can see, 10 year vesting is by far the most popular.
DATE: October 15, 1997
CITY OF COLUMBIA HEIGHTS
TO:
FROM:
COLUMBIA I~IGHTS VOLUNTEER RELIEF ASSOC. BOARD OF TRUSTEES
Rick Lange
Dana Alexon
Jo~l Ostmo~
FINANCE DIRECTOR
RE: BY-LAWS
At the Board of Trustees meeting on October 13t~, the Board reviewed the proposed changes in the by-laws,
and still have some questions. To the best of my knowledge, this is going to be put on the next work
session, which is October 20th.
Has the entire Board of Examiners reviewed the final proposed by-laws? At the Board of Trustees
meeting on the 13t~, Dana indicated that he had not seen the changes.
Has the entire Relief Association reviewed the proposed final edition of the by-laws, and had an
opportunity to submit any suggestions to the Board of Examiners?
Board of Trustees member, Bob Ruettimann, raised questions in relationship to having a five-year
vesting. He felt that some recognition should be made for people who put in five years of service.
The Board of Trustees would like input from the Board of Examiners on this issue.
The Board of Trustees would like input regarding the 60% vesting after 10 years. They had a
conc,ern that possibly the vesting after 10 years should be less, such as the current 40%, or
possibly increasing it to 50%. They would like input from the Board of Examiners on this item.
In the metropolitan area, how many fire relief associations have vesting at the various levels, such
as 5 years, 10 years, or other levels? In conjunction with that, what is the vesting percentage at the
various levels? How many fire relief associations have 60% vesting at 10 years?
I also have some questions for the attorney, Krista Kay Boston. I have addressed these directly to her and
attached a copy of that request for your information.
Please comact me and let me know if the Board of Examiners will be able to provide this information by
Monday night, October 20th, and if you would be able to attend the work session. If there is anything I can
do for assistance, please let me know.
9710152
VOLUNTEER FIREFIGHTERS RELIEF
ASSOCIATIONS SUMMARY SERVICE
PENSION REPORT BY BENEFIT TYPE
AND
COMPILATION REPORT OF
RELIEF ASSOCIATIONS
For the Year Ended December 31, 1993
t53
October 1 $, 199?
Wittimn Elrttc? Finance Dire. clor
Oil) of Columbm Hcight~
590 40'h Avenue N.E.
Cohmlbia Heights. MN $$421-3878
Re: Columbia Hcighls Fire RehefAssociaLion by facsiitfilc: 782-2801
Dear Mr Elrile.
I received ,voter letl,~r dated lc<ia)- that contained ,~vera] questions from Ute Board of Truslees. Pier,se note
thc folto,~ rog:
Once the corn er~inn t:as occurred, the ci~' has no liab:h~- to fund thc rehef a,~socialion, should the
~tat¢ aid (cotmno~dy referred to as the 2% aid} be discontinued (Sec Minn. Slat 424A.02. Snbd.
O£coursc, lifts assumes that it'tlte state aid were ever to b~ dLet, ontinu~L there wouJd be no
change requiring thc municipality to make up the dllTerence. Howo,'¢r, I find that higtd) unlikel.~, as
the pension lobb3 is strong.
Onl.~ defi.ued benefit plans are required !o approach the plan sponsor for legal fimding reqmremenl.~.
Defined contribuhon plar~s havc no funding rcquLremenL~; therefore the plan has no need to approach
the cit.~ lo "make up" fu~lding. However, the ctt~ can provide funding voltmtaril.~. The members ora
defined co,trJbntion plan simply s 'h. are in ~'hatc['er revenue comes into thc fund from state aid.
voluntary municipal contribution and investment eanungs.
Sec Minn. Stat 424A.O6 which slates that Relief As,r, ocialions ate req, ired
th~ ever rec¢ix'e thc
"To the general fund, ~.! es~atdi,~hed, shall be credited -all mnn%,s received fi-om dues, finch, inmatJon fees.
entcr~aimuent revenu~ and any nioney$ or propert).~ donated, given, granted or devised by any person, for
tmspo.~cd re;cs." '
section also specifics thai tfthc general fund i~ esmb/ished, which to me. implies thai the ~elicf
assoctation does not necessarily have to bc established, the relief association has a choice.
I hope I ha~¢ ans'we~:d your questmns. Please feel free to contacl me ailh any further ql~.sdons.
Columbia Heights Fire Department
To:
From:
Subject:
Date:
Walt Fehst, City Manager
Charles Kewatt, Fire Chief
Fire Department Survey
October 23, 1997
On October 21, 1997, I was asked by Walt Fehst to do a survey on what other
departments are doing in the area of vesting "years" and "percentage".
I contacted 18 departments. These are the results.
Years to Vesting
Vesting Percentage
Andover .......................
Anoka .........................
Brooklyn Center .................
Brooklyn Park ...................
Coon Rapids ....................
Elk River .......................
Fridley .........................
Maple Grove ....................
New Hope ......................
Crystal .........................
Robbinsdale .....................
St. Anthony .....................
Spring Lake Park .................
Hastings .......................
Lake Johanna ....................
North St. Paul ...................
White Bear Lake .................
Centennial ......................
5 ................ 40
10 ............... 60
10 ............... 60
10a .............. 60
5 ................ 40
5 ................ 40
10 ............... 60
5 ................ 40
5 ................ 40
10 ............... 60
10 ............... 25
10 ............... 60
15 ............... 62
10 ............... 60
10 ............... 50
10 ............... 50
10 ............... 60
5b ............... 40
%
%
%
%
%
%
%
%
%
%
%
%
%
%
% of 50 %
%
%
%
CWK:cf
97-141
' Looking at 5.
b Going to 10; too much paperwork.
Columbia Heights Volunteer Fire Division
Relief Volunteer Division
First Draft- Restated Bylaws (Annotated)
[Insert date effective]
Article I - Name and Location
Section 1. Name. The name of this organization shall be the Columbia Heights Fire Department
Relief Volunteer Division, Volunteer Division.
Section 2. Location. Its principal office shall be located at 555 Mill Street Northeast, Columbia
Heights, Minnesota, 55421.
Section 3. Alternative. Other offices for the transaction of business shall be designated at such places
as the Board of Examiners may from time to time determine.
Article II- Purpose
Section 1. Purpose. This instrument constitutes the Bylaws of the Columbia Heights Fire Department
Relief Volunteer Division Volunteer Division, hereinafter referred to as "Volunteer Division". 1 adopted
for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the
written pension plan for the relief Volunteer Division. The "Volunteer Division" is a governmental
entity that receives and manages public money to provide retirement benefits for individuals providing
the governmental services of flrefighting. The objectives of the plan shall be to provide service
pensions and ancillary benefits to members and dependants of the Volunteer Division of the Columbia
Heights Municipal Fire Department, hereinafter "Fire Department". These bylaws and federal and
state laws shall govern all benefits issued by this Volunteer Division.2
Article Ill - General Definitions3
Whenever used in these bylaws, the following terms shall have the respective meanings set forth
belo~v, unless the context clearly requires otherwise, and when the defined meaning is intended, the
term is capitalized.
Section 1. Surviving spouse. The term "surviving spouse" means any person who was the dependent
spouse ora deceased active member or retired former member living with the member at the time of
1 The special law refers to the "Volunteer Division."
2 This language is adapted from state statute. The reference to relief Volunteer Divisions being
governmental entities is necessary to ensure that if the IRS were to audit you, then it would be clear
to the auditor that the relief Volunteer Division is operating as a governmental plan for purposes of
ER[SA, the Employee Retirement Income Security Act. Governmental plans have fewer regulatory
requirements; therefore, it is in the Volunteer Division's interest to qualify as a governmental plan.
3 Add the following definitions section to the bylaws. This section provides clarification as to how
words are defined in the context of an article contained within a provision. Generally, if the bylaws
give a definition to the word, then there is much more guidance to work with, as the board is
interpreting the bylaws. However, be careful not to use definitions that are in conflict with state
statutes.
the death of the active member or retired former member for at least one year prior to the date on
which the member terminated active service and membership.4
Section 2. Fiduciary responsibility. In the discharge of their respective duties, the officers and
trustees shall be held to the standard of care enumerated in Minn. Stat. § 1 lA.09. In addition, the
trustees must act in accordance with Minn. Stat. § 356A. No trustee of the Volunteer Division shall
cause the relief Volunteer Division to engage in a transaction, if the fiduciary kno~vs or should know
that a transaction constitutes one of the following direct or indirect transactions:
(1) sale or exchange or leasing of any real property be~,een the relief
Volunteer Division and a board member;
(2) lending of money or other extension of credit bem, een the relief Volunteer Division
and a board member or member of the relief Volunteer Division;
(3) furnishing of goods, services, or facilities bet~veen the relief
Volunteer Division and a board member; or
(4) transfer to a board member, or use by or for the benefit ora board
member, of any assets of the relief Volunteer Division. Transfer of
assets does not mean the payment of relief Volunteer Division benefits
or administrative expenses permitted by law.5
Section 3. Beneficiary. Any person or estate entitled under this plan to receive a benefit upon the
death of a participant.
Section 4. Board of Trustees. The Board of Trustees of the Volunteer Division as specified under
Minn. Stat. §424A.04. There shall be three ex-officio members. The three ex officio trustees shall be
the mayor, the city administrator, and the chief of the municipal fire department.
Section 5. Breaks in Service. A minimum period of six consecutive months in which a member does
not meet the minimum service requirements as stated in the Fire Department rules and regulations. A
member shall not receive a contribution to his or her account for any year in which a break in service
occurs. A break in service does not include an approved leave of absence, pursuant to these bylaws or
state law.
Section 6. Forfeiture. Shall be defined as follows: (1) A member who resigns or retires from the Fire
Department and has a vested service pension shall forfeit his or her right to any forfeitable, non vested
share of the pension. On January 1 of the year after the member has retired, the member's forfeited
share shall be distributed among the active members pursuant to Minn. Stat. §424A.02, Subd.4. If
4 This def'mition is taken directly from state statutes. I find that reference to statutes in the bylaws
sometimes helps members, city councils members, attorneys or other members of the public understand
statutory limitations much easier as they are reading through your bylaws. Therefore, I recommend that
you reference the statute when you are able to give the reader guidance.
5 This language is taken directly from state statute.
such member should rejoin the fire department, the member shall not have a right to the forfeited
portion.
(2) A member who retires from the Fire Department, who has not met the minimum active service
requirements to receive a defined contribution lump sum service pension, shall forfeit his or her
account balance, as long as the member does not rejoin the fire department within five years of the date
on which the member retired. If the member rejoins within the above-mentioned period, the member's
account shall be reinstated. If the member does not rejoin within the above-mentioned period, the
member's forfeited share shall be distributed among the active members pursuant to Minn. Stat.
§424A.04.6
Section 6. Service Year. For purposes of computing benefits or service pensions payable, a year of
service shall be defined as a period of 12 complete months of active service, which need not be
consecutive, on the Fire Department. No volunteer shall be given credit for a year of service unless
that volunteer shall have completed an entire and complete year as an active volunteer member in good
standing with the Fire Department. No volunteer shall be give credit for service during any periods of
disability, medical leave, suspensions or approved leaves of absence. No portions or parts of years
may be considered in determining the length of service for purposes of determining eligibility for
benefits or amounts of benefits.7
Section 7. Active service. The active performance of fire suppression duties or the supervision of fire
suppression duties. The performance of suppression or supervision of fn'e suppression duties includes
meeting the requirements established by and articulated in the rules and regulations of the Fire
Department. The fire chief of the Columbia Heights Fire Department shall, annually, provide a
certification to the Board of Trustees that includes each members months of active service for the prior
year. The active service computation and certification shall be consisted with this Section and Section
6 of this Article and the rules and regulations of the fire department.
Section 8. Trustees. The individuals designated as such by Minn. Stat. §424A.04 and by virtue of
elected office, those that qualify as the ex-officio trustee.
Section 9. Domestic Relations Order. Any judgment, decree or order (including approval ora
property settlement agreement) that complies with the provisions of Minn. Stat. 518.58, 518.581, or
518.611.
Section 10. Account. the record of the amounts credited to an individual under the plan, including
amounts transferred from the defined benefit pension plan, plus contributions, forfeitures and
investment income allocated under the plan.
Section 11. Accounting date. December 31.
6 Most of my clients usually request this section. This is generally required by statute and gives some
clarification as to how to handle forfeiture. This allows you to limit a member receiving his or her forfeited
interest if he or she returns after five years have past.
71 have taken Section 4 of Article VI and included it here in the definitions section. I rex~,cote it slightly.
Note that the law now allows you to take into account pro rated years of service based on months. The last
sentence may not be necessary.
4
Section 12. Contribution. the additions to the special fund from fire state aid and/or municipal
contribution.
Section 13. Former member, any fire fighter who shall cease to meet the requirements of active
service as established by the fire department.
Section 14. Active Member. any f.irefighter who meets the requirements for active service as
established by the fire department and these bylaws.
Section 15. Inactive Member. A person who was a member of the Association and of the Fire
Department who has terminated from the Fire Department, and who has not completed the
requirements for retirement from the Fire Department.
Section 15. Inactive Member. A person who was a member of the Association and of the Fire
Department who has terminated from the Fire Department, and who has not completed the minimum
service requirements for a retirement pension as required by Minn. Stat. §424A.02, Subd. 4 and
section 6 of this Article.
Section 16. Deferred Member. A person who is a member of the Association and who has terminated
from the Fire Department and who has completed at least 10 years of service and who has met the
requirements for retirement and who has not reached the age of 50.
Section 17. Disabled Member. A member who has retired from the Fire Department because of a
disability and has met all of the requirements to be eligible for a disability pension and xvho has not yet
received his pension info.
Section 17. Disabled Member. A member who has retired from the Fire Deparm~ent that meets the
requirements of Section E of Article XII, and who has not yet received the full disbursement from his
or her account..
Seetion-t-b. Section 18. Plan Year. The twelve inonth period commencing on January 1 and ending
December 31.
Article IV- Membership and Meetings
Section 1. Membership. Members of the Volunteer Division shall be persons who are not regularly
entered on the full time payroll of the fire department of the city, but who regularly comply with such
rules as may be prescribed by the Public Safety Director of or Fire Chief of the City upon delegation by
the City Council to such Public Safety Director or Fire Chief of the right to prescribe rules for service
by volunteers with the Fire Department of the City, and who by reason of their status as such
volunteers are engaged in hazards off'ire fighting. No person shall be a member of the Volunteer
Division who is not a "member in good standing" as def'med by the City Council, which may in its
discretion set written standards, upon recommendation of the Fire Chief, by which to determine
whether a volunteer is a "member in good standing."
Section 2. Leave of absence. A member who is granted a leave of absence from the Fire Department
shall automatically be granted a leave of absence from the Volunteer Division. The member shall not
lose any service credit for the year in which the leave of absence occurred. However, upon a leave of
absence of more than six months, the member shall not receive credit for a full year of active service
for that year and subsequent years of absence. Such member, upon returning to the performance of
suppression duties, shall recommence membership in the Volunteer Division and adjustments shall be
made to the total service credit of the member for subsequent full years of active service.8
Section 3. Meetings. The annual meetings of the members of the volunteer division shall be on-the
~ ~e first queer of each ye~ at a time ~d place dete~ed by the Bo~d ofEx~ers ~th a ten
(10) day notice to ~e volunteers.
Section 4. Special Meetings. Special meethgs of the members of the Volunteer Division shall be
called by the CiW of Columbia HeiSts CiW Manager no later than fifteen days subsequent to the date
· e CiW Manager receives a wri~en request for such meet~gs hcludhg the agenda for such meet~g
and se~g the t~e, date and place for such meet~g, si~ed by at least ~enW percent of the
membership of such division. Meet~gs of the Volunteer Division membership shall be held at the
place desi~ated ~ the wri~en request for the meet~g but h any case shall be held either at the
Columbia Heights Fke Depa~ment or at the CiW Council Chambers.
Section 5. Vote. At every meeting of the members of the Volunteer Division, each member shall be
entitled to one vote for or against each proposal, which may properly come before the members at such
meeting. Voting by proxy is not permitted. All votes, unless specified prior to the vote, shall be
conducted by a voice vote. Ifa majority cannot be determined by voice vote, the Officer in charge of
the vote shall ask for a show of hands.9
Section 6. Preside. The President of the Board of Examiners shall preside at all meetings. The Vice
President shall preside in his absence.
Section 7. Quorum. A quorum for the transaction of business at any regular or special meeting shall
consist of a majority of the members of the Volunteer Division.
Section 8. Conduct of Meeting of Members. Subject to the following, and where not inconsistent
with state statute, meeting of the members shall follow Roberts Rules of Order, Revised (insert edition
used) i
The chair of the meeting shall be absolute authority over matters of procedures and there shall
be no appeal from the ruling of the chair. If the chair, in his absolute discretion, deems it
advisable to dispense with rules of parliamentary procedure as to any one meeting of members
or part thereof, the chair shall so state and shall clearly state the rules under the meeting or
appropriate part thereof shall be conducted.
If disorder shall arise which prevents continuation of the legitimate business of the meetings,
the chair may quit the chair and announce adjoumment of the meeting, and upon his so doing,
the meeting is immediately adjoumed.
(This is generally put into place to prevent a coalition of people from taking over a meeting).
8 The six months is used as an option here. This provision ~vorks in conjunction with the Break in Service
Provision in the definitions section.
9 You may want to add the last few sentences to clarify voting procedures at meetings of the membership.
Article V- Board of Examiners
Section l. Membership. The Board of Examiners shall be composed of six five members. The five
members shall be members of the Volunteer Division who shall be elected at the annual meeting of the
V I Di i i ' ~ .......... ,-,~,o, ~.,__., ............ , .........
o unteer v s on. iiiJOllUO. t.y Ut 1701. 111%. till~.~ III~IIIU~-i~I,
· ' ....... '--" ................ " .......... ~' ...... '~-- The membership shall elect at the annual meeting
three members of the Board of Examiners in odd numbered calendar years and two members of the
Board of Examiners in even numbered calendar years. The
Section 2. Regular Meetings. Regular meetings of the Board of Examiners shall be held on the
second Monday of April, July and October of each year, or other day in the month as best determined
by the Board of Examiners.
Section 3. Special meetings with members of the volunteer division. The members of the Board of
Examiners shall attend all meetings of the Volunteer Division membership. Failure to attend any two
properly noticed Volunteer Division general membership special meetings or any two Board of
Examiner meetings, or a combination of two of either meetings, in one year shall be cause for removal
as a member of the Board of Examiners.
Section 4. Special Meeting with the Board of Trustees of the Volunteer Division. Special
meetings between the Board of Examiners and the Board of Trustees of the Volunteer Division shall be
held in the Columbia Heights City Council chambers and may be called at any time by the Board of
Examiners, upon written request of at least thirty percent of the members of such Division or upon
written request of the President of the Board of Ti-dst¢¢s Examiners. A request shall be delivered to
the Columbia Heights City Manager and shall include the agenda for the meeting and the time and date
of the meeting. It shall be the duty of the City Manager to give all active and active retked members of
the Volunteer Division, members of the Board of Trustees and ex officio members of the Board of
Trustees forty-eight hours written notice of the special meeting. Each active and retired member of the
Volunteer Division shall have the duty to keep the City Manager informed in writing of his current
mailing address. The notice shall include the agenda for the meeting and the time and date of the
meeting. No business shall be transacted at any special meeting except business stated in the notice.
Notices mailed by U.S. mail to the last known address of each active and retked Volunteer Division
member and to each member of the Volunteer Division Board of Trustees including ex officio
members shall be sufficient to satisfy the requkements of this section provided the notices are posted
no later than the fifth day prior to the meeting, not including Sundays or holidays.
A special meeting between the Board of Trustees and the Board of Examiners of the Volunteer
Division shall be called no later than fifteen days subsequent to the date the City Manager receives
written request for such meeting including the agenda for the meeting and the date and time of the
meeting.
7
Section 5. Duties. The Board of Examiners shall be the representative of the Volunteer Division
members at any meeting with the Volunteer Division Board of Trustees. Members of the Board of
Examiners shall act as advisors to the Board of Trustees, but shall not have a vote in any matters
coming before the Board.
Section 6. Officers. The members of the Board of Examiners shall elect amongst their members a
President, Vice President, Secretary and Treasurer. The President shall be the presiding officer at all
meetings and shall be the ceremonial head of the Columbia Heights Fire Department Relief
Association, Volunteer Division. The Vice President shall serve as president in the President's
absence. The Secretary shall record the minutes of the annual and special meetings of the members of
the Volunteer DMsion and the meetings of the Board of Examiners. The Treasurer shall be the official
representative of the Board of Examiners in all matters involving the General Fund.
Section 7. Vacancies. Vacancies in the Board the Examiners may be filled for the unexpired terms by
the remaining Examiners at any regular or special Examiners' meeting, or by a special meeting of the
Volunteer Division duly called as provided herein.
Section 8. Quorum. A quorum for the transaction of business at any regular or special meeting of the
Examiners shall consist ora majority of the members of the Board.
Article VI - Board of Trustees
Section 1. Members. The governing body of the Columbia Heights Fire Department Relief
Association, Volunteer Division shall consist ora Board of Trustees composed of the members of the
Columbia Heights City Council. The City Manager, Clerk-treasurer, Chief of the Fire Department and
the Public Safety Director of the City shall be ex officio members of the Board of Trustees. The ex
officio members shall not vote, nor shall they regulate the management or affairs of the Division except
as provided herein. The Board of Trustees of the Volunteer Division shall have the exclusive control
and management of all affairs, property, and funds of the Volunteer Division from whatever source
received for the benefit of the Volunteer Division special fund and shall have authority to carry out the
objects and purposes of the Volunteer Division as set forth.
Section 2. Duties. In addition to all duties and powers herein above given to the Board of Trustees,
said Board of Trustees shall have the following duties and powers:
To designate a bank to act as a depositor3,, drawer, and disbursement agent of and for the
special funds of the Volunteer Division;
To designate a Bank Trustee as provided in Article IV hereofi
To designate an auditor or accountant, or both, to examine the books of account of the
Volunteer Division, including all books relating to the special funds of the Volunteer
Division, as said examinations are required by the State of Minnesota, or City of Columbia
Heights, to maintain or obtain all funds necessary to accomplish the goals of the Volunteer
Division.
Section 3. Investment Agent. The City Clerk-treasurer and City Finance Director may, in the
discretion of the Board of Trustees, be appointed the sole investment agent of the Volunteer Division
special fund or may be appointed agent or agents jointly with other individuals or corporations.
Section 4. Investigation of Claims. The Board of Trustees of the Volunteer Division shall investigate
and act upon all applications for disability and service pensions and all other claims for relief`by or on
behalf` of members of the Division or their beneficiaries. The Board of Trustees of the Volunteer
Division shall select a competent physician who shall advice the Board in its investigations. The
physician shall not have a vote on the board.
Section 5. President. The Mayor of the City of Columbia Heights shall be designated the President of,
the Volunteer Division's Board of Trustees and shall preside at all meetings of the Board, provided,
that in the Mayor's absence, the members of'the City Council who are present shall elect one council
member as temporary presiding officer. The Mayor shall have general supervision over the Volunteer
Division and its affairs.
Section 6. Treasurer. The City Treasurer or Finance Director shall from time to time collect from the
City of Columbia Heights and the County of Anoka all funds derived from taxes levied by the City for
the Benefit of the Special Fund of`the Division and the interest from the investment itself`. The City
Treasurer shall also collect from the State of Minnesota, all funds and interest thereon derived from
levies imposed and collected
~,. .... ~,,. ,.,,,~,.,.~,.,~ ~,.~L .... ~.,. ,.,,,~,,~, ........ ~ ,, ..... ,~,~y., 0 from the State of Minnesota, all state aid
funds received from the tax on insurance premiums collected pursuant to Minn. Stat. {}69.021, subd. 5.
The treasurer shall further receive and collect all funds derived from private sources specifically f,or
the benefit of the Volunteer Division special fund. Such funds shall be transmitted to the Division's
Board of'Trustees for investment.
The City Treasurer shall prepare and sign, with the approval of the Volunteer Division's Board of
Trustees, all reports or other documents required by the City of Columbia Heights, or the State of
Minnesota, or both, which are necessary to obtain and maintain all funds necessary to administer the
benefits as provided hereunder.
All money received by the City Treasurer from all sources shall be kept in the Volunteer Divisions
Special Fund unless the monies are otherwise specifically designated. Otherwise proper sources of,
funds are to be deposited in the general fund, in which case the Treasurer shall take all steps necessary
to deposit said funds in the general fund of the Columbia Heights Fire Department Volunteer Division.
Section 7. Procedure. The Board of Trustees shall be governed by the procedural rules contained in
the Charter of the City of Columbia Heights and the City Code of 1977, as amended from time to time.
Article VII- Funds
Section 1. Special Fund. The Account in the special fund for the benefit of members of the Columbia
Heights Fire Department Relief Association who are volunteers shall be continued and shall be
designated the Columbia Heights Fire Department Relief Association Volunteer Division special fund.
Monies and property shall be added to and disbursed from the special fund as provided by law. The
10 This isn't the way that state aid is calculated. It is calculated based on population and market value of
property. The full pot is comprised ora tax on fire insurance premiums, but it isn't "limited" to the
premiums in the city of Columbia Heights rather it is limited by the population and market value of the fire
service area of the fire department. You could replace this sentence with "... collect from the State of
Minnesota, all state aid funds received from the tax on insurance premiums collected pursuant to Minn.
Stat. §69.021, Subd. 5."
9
special fund of the Volunteer Division shall be separate and distinct from the Columbia Heights Fire
Department Relief Association Paid Division Special Fund. When every member of the Volunteer
Division is deceased, the funds of such Division shall become a trust fund managed for the benefit of
the beneficiaries of such fund. In the event the City Council shall abolish the volunteer branch of its
Fire Department, any surplus remaining in the account of the special fund of the Volunteer Division
after discharging all obligations to all members and other beneficiaries of the Volunteer Division shall
be paid into the general treasury of the City of Columbia Heights.
Section 2. General Fund. Any and all money received from other sources and interest thereon, shall
be deposited in the General Fund, and may be expended for any purpose deemed proper by both the
Paid Division and the Volunteer Division.
The Board of Examiners of the Volunteer Division shall have the sole determination as to the vote or
votes that all members of the Volunteer Division may have for any proposed expenditure of tI4e funds
in the General Fund.
Section 3. Disbursements and Approvals. All disbursements of payments from the special fund for
the payment of benefits hereunder shall be approved and authorized by majority vote of the Board of
Trustees at a regular or special meeting held for that purpose.
Section 4. Deposits. All monies belonging to the Volunteer Division special fund shall be deposited to
the credit of the Volunteer Division special fund in such banks, trust companies, or other deposits as
the Board of Trustees of the Volunteer Division may designate.
Article VIII- Defined Contribution Lump Sum Benefits
Section 1. Type of Benefit. The exclusive pension provided by the Volunteer Division is a "defined
contribution lump sum service pension" as de£med in Minnesota Statutes, Section 424A.02,
subdivision 4.
Section 2. Service Pensions. Any volunteer fu'efighter as defined in Laws of Minnesota for 1977
Chapter 374, State Statute 39, who (1) has attained the age of fifty years, and (2) has served ten or
more years as a volunteer firefighter and (3)'[1,~ .......[ ~ [~ ~ :*' ~ J ~ ~O ~1 [[~[ 'k ........... [~ ~ ~ ~ ......._,:,,"~ ~'~'~'~ I, :,:,,, I shall be
eligible to receive a lump payment, at the time of his or her retirement. The pension payment shall be
paid to the member pursuant to Article XIII - Timing and Modes of Distribution.
[Section 2: Move old section 2 to new ancillary benefits section.]
Section 3. Applications and purposes of pension provisions. The provisions of this article apply to
individuals who are members of the Volunteer Division and members of the Fire Department on or
after [insert date of enactment of bylaws]. An individual shall not be considered a member of the
Volunteer Division after receiving a lump sum distribution of his defined benefit pension benefits from
the Volunteer Division, unless the individual returns to active firefighting and accrues an additional
benefit under these provisions. Effective [insert date of enactment of bylaws], the pension benefits
11 These dates were irregular in the original set of bylaws. Is this correct? Or is this supposed to apply to
members who retire after August 28, 1989?
10
provided by the Volunteer Division are converted from a defined benefit form to a defined contribution
form. 12
[Move old section 3 to new ancillary benefits Article.]
Section 4. Eligibility to share in contributions. An individual shall be eligible to share in the
contributions and forfeitures, if any, for the plan year only if the individual is credited with at least one
month of service during the Plan Year and either (a) is a member on December 31, 1997 of that Plan
Year or (b) terminated membership during the Plan Year for reasons other than death or disability.
(Contributions for the Plan Year 1997 shall not be allocated on behalf of individuals who terminated
membership with the Association and the Department prior to [date of enactment of the bylaws.]
Section 5. Allocation of Contributions.
Allocation Rule. Contributions to be made to the special fund and forfeitures, if any, for a Plan
Year shall be allocated among the individuals entitled to share in the contributions for such
Plan Year under section 4, in the ratio that the months of service credited during such Plan
year for each such individual bears to the Months of Service credited during such Plan Year
for all such individuals. (For the 1997 Plan Year, all months of service credited to eligible
members who are active on or after [date of enactment of bylaws] shall be counted, including
those prior to [date of enactment of bylaws].
Time of Making Allocations and Time of Funding. Allocations under sub-section (a) shall be
made as of each December 31, after each Account has been adjusted for gains or losses. The
calculation of each Member's share of the Association's fiscal year and receipt by the
Association of the audited financial report prepared by the Secretary and the Treasurer for that
year. The Treasurer shall submit to the Trustees for approval that amount to be credited to
each member's account.
Make-up contributions for omitted members. If, after the contribution for a Plan Year has been
made and allocated, it should appear that, through oversight or a mistake of fact of law, a
Member (or individual who should have been a member) who was entitled to share in such
contribution received no allocation or received an allocation which was less than he should
have received, the Trustees may, at their election, and in lieu of reallocating the prior
contribution, make a special make-up contribution out of unallocated earnings for the Account
of such member in an amount adequate to provide for him the same contribution for each
Month of Service as would have been allocated to his Account if such oversight or mistake had
not been made. Unallocated earnings include any income of the Special Fund earned since the
preceding accounting date that has not yet been credited to the Member's account pursuant to
Section 7 (a).
12 [The conversion is contingent upon the Volunteer Division's continued eligibility to share in
allocations of fire state aid under Chapter 69 of Minnesota Statutes. If the State Department of
Revenue or a court of competent jurisdiction determines that these amendments do not qualify for
state aid, a service pension shall be provided for under the terms of the bylaws as they existed
immediately prior to this amendment]. Based on a conversation between City Manager/City Finance
Director/Attorney Krista Boston, this section has been dropped from the original.
11
Section 6. Establishing the Individual Member's Accounts.
Transfer Accounts. The initial allocation to the Accounts of Members identified in Section 1 of
this article shall be determined by dividing the total value of the special fund as of
December 31, 1997, (reduced by any reasonable expense reserve determined by the
Trustees) by the months of service as of December 31, 1997, shall equal the Member's
account pursuant to Section 7 (a)
Annual Reports. A member shall be entitled to inspect his or her account balance and
transactions in the member's account by giving reasonable notice to the Treasurer, of the
request. At least annually, (no later than the First Monday in April), the Treasurer will
provide each member with a written report of the member's account balance and vesting
level as of the most recent accounting date and any account transactions (such as
distributions), contributions and forfeitures) during the prior Plan Year.
Section 7. Periodic Adjustment of Accounts and Forfeitures
Annual Adjustments. As of each accounting date, the account of each member, former
member and beneficiary shall be revalued. As of each accounting date, the trustees shall
value the assets of the special fund at their fair market value and determine the net
investment gain or loss of such assets since the preceding accounting date. In determining
the net investment gain or loss (1) the accrual basis of accounting shall be used (unrealized
appreciation or depreciation shall be taken into account), and (2) contributions to the
special fund and pasqnents or distributions from the special fund to provide benefits for
members, former members and beneficiaries shall not be considered as gains or losses of
the special fund.
After the close of the plan year, the net investment gain or loss for said Plan Year shall be
credited or debited, as of the accounting date for such Plan Year, to the respective accounts
containing such assets and which are existing on said accounting date in proportion to the
value of each such account on the preceding accounting date, but reduced by forfeitures or
distributions from said account made during the plan year. Accounts of former members,
which are 0% vested, shall be disregarded in allocating net investment gain or loss.
The value of each account, as adjusted by the preceding provisions of this section,
increased by contributions and forfeitures allocated to such account and reduced by
distributions or forfeitures from such account for that Plan Year, shall be the value of said
account on the accounting date for the plan year.
Adjustment on direction. A valuation of the special fund shall be made as of any other date
specified by the Trustees, and this date shall be considered an accounting date.
Forfeited individual account. Ifa member terminates membership with the Volunteer Division
and the f'u'e department prior to meeting the service requirement for receipt of a 100%
vested pension benefit, as described in Article XIV - Early Vesting, and has not returned to
active service with the association within a period of five years, then that member's non-
12
vested account shall be forfeited and reallocated pursuant to section 5 as of the accounting
date for the Plan Year in which the five-year period ends. 13
Article X- Investments
Section 1. Prudent Person Standard. Trustees shall discharge their duties in good faith and with that
diligence and care which an ordinarily prudent person would exercise under similar circumstances.
Section 2. Investment Duties of Board. It shall be the duty of the Board of Trustees to prepare
modes and plans for the safe and profitable investment of the unappropriated funds of the Volunteer
Division and whenever investments are made, to investigate and pass upon the securities offered and to
attend to the drawing and execution of necessary papers. The Board of Trustees shall order an audit of
the books and accounts of the Secretary and the Treasurer annually, according to law, and shall submit
a written report of the condition of the Volunteer Division to the members at the annual meeting. The
investment of the funds of the Volunteer Division shall be in the exclusive control of the Board of
Trustees, in conformance with state statutes, the bylaws, and the investment policy attached hereto.
The Board of Trustees shall meet with the Investment Committee. The members of the Board shall act
as Trustees with a fiduciary obligation to the State of Minnesota, to the City of Columbia Heights and
the members of the Volunteer Division.
Section 3. Investment Committee. The Board of Trustees may designate two or more Board of
Examiner members and two or more Board of Trustee members to sit on an investment committee.
The treasurer, the president and an ex-officio member shall sit on the committee. The investment
committee shall investigate and make recommendations to the board of suitable investments for
Volunteer Division funds among those permitted by Statute, the bylaws and the investment policy
attached hereto. 15
Section 4. Broker's Statement. The board of trustees shall comply with Minnesota Statutes
§356A.06, Subd. 8b that requires the Volunteer Division to provide annually to any brokers, a written
statement of investment restrictions pursuant to statute or the investment policy that apply to the special
13 Obviously, sections 4-7 are significant changes. The monthly pension benefit is deleted and the defined
contribution pension applies to all active members going forward.
14 Will there be a reason to insert an additional article related to any buyouts prior to the conversion? It
could go here.
15 This is an optional committee. However, I recommend it since the Volunteer Division now needs
to have a written investment policy in place under state statute. Such a committee can update the
policy and keep informed about investments.
13
fund. Upon receipt of the written statement of investment restrictions, each broker handling
investments of the Volunteer Division shall acknowledge, in writing annually the receipt of the
investment restrictions. The acknowledgment shall contain a statement of the broker's agreement to
handle the Volunteer Division's investments pursuant to the written restrictions. 16
Section 5. Continuing Education Plan. The board of trustees shall develop and periodically revise a
plan for continuing education for all members and officers of the board of trustees in order to ensure
that trustees keep abreast of their fiduciary responsibilities. New trustees shall be require to complete
twelve (12) hours of continuing education in the tmstee's fn'st year of office. Thereafter, trustees shall
comply with the board's plan for continuing education. 17
Article XI Application for benefits
Section 1. Form. All applications for benefits shall be made in writing on forms supplied by or
satisfactorily to, the Columbia Heights City Manager. The City Manager shall forthwith deliver all
applications to the Board of Trustees. The Board of Trustees shall convene a special meeting of the
Board of Trustees to make a determination on all applications. All determinations of the Board of
Trustees shall be made within thirty days after the application was submitted to the City Manager
except when a longer period of time is necessary to receive medical evidence in disability cases. No
benefits or pensions shall be paid until the application therefore has been approved by a majority vote
of the Board of Trustees. Decisions of the Board shall be final.
Section 2. Content. Applications shall be verified under oath by the applicant and shall state, in
addition to any other information required by the City Manager, the following:
The age of the applicant, or member, or both;
The period of service and anticipated date of retirement from the fire department of the City of
Columbia Heights, Minnesota;
16 During the 1995 legislative session, the legislature passed a law requiring relief Volunteer
Division trustees to ensure that brokers and investment managers be informed about the restrictions
on investment of public pension funds. Although these are requirements regardless of inclusion in
the bylaws, I find that trustees are assisted when these types of provisions are included in the bylaws
because it reminds them of the requirements that must be complied with. Although not required I
would include a provision in the bylaws noting this requirement to continuously remind the officers
and any brokers or managers of the requirement.
17 This provision is optional. Note that the statute requires the board to maintain a plan for
continuing education. Members who are not considered experts in administration of public pension
plans are required to get continuing education.
14
The length of time the applicant or member, or both, has been a member of the Volunteer
Division or its predecessors, including dates in membership of the Columbia Heights Fire
Department Relief Associations;
Such other and further information the Board of Trustees may require
Section 3. Notice of intent to retire. It shall be the duD' of each member who intends to retire and
request a service pension from the Volunteer Division, to file a notice of intent to retire. Such notice
shall be in writing and shall be filed with the Secretary not less than 6-montt~ 60 days prior to the date
of retirement and submission of application for service pension. Upon receipt of a notice of intent to
retire, the Secretary shall provide any notices to the applicant as required by state or federal law with
respect to pension or benefit payments. 18
Section 4. Approval of Applications. It shall be the duty of the board to approve applications for
service pensions if the applicant meets all of the eligibility requirements set forth in these bylaws. If
shall also be the duty of the board not to approve the application if any of the eligibility requirements
are not met. If an application is not approved, the board shall return the application to the applicant
within 30 days, noting thereon, with particularity, which requirements the applicant does not meet.
Thereafter, the applicant shall be furnished with the opportunity to appeal the decision pursuant to
Article XVI - Procedure for Review.
Article XI! . Ancillary Benefits
Section 1. Survivor's Benefits.
Subd. A. Active Volunteers. Upon receipt of the information in subdivision C, and a copy of
the death certificate of an active volunteer firefighter as defined in Laws of Minnesota, Chapter 374,
State Statute 39, the surviving spouse and if there is no surviving spouse, the surviving child or
children and if there are no surviving children, the estate, shall be eligible to receive payment of the
entire account balance of the deceased member. The payment shall represent the account balance as
of December 31, of the year in which the death occurred. The survivor benefit payment may be made
according to Article XIII - Timing and modes of distribution. 19
Subd. B. Terminated vested volunteers. Ifa prior member of the Volunteer Division is (1)
inactive (no longer a volunteer fire fighter in good standing) at the time of the volunteer's death and (2)
who has served ten or more years as a volunteer firefighter prior to the volunteer's death, and (3) who
dies before reaching the age of fifty year years, the surviving spouse, surviving children or the estate if
18This language can be added to require that a member give the board notice.
19 State law requires survivor benefits to be paid to surviving spouses and if none, to the surviving children.
The law says nothing about payments to the estate. See Minn. Stat. 424A.05, Subd 3. Funeral benefits
can, however, be paid to the estate if there is no surviving spouse. I have tried to craft something that
complies with the law, however, be aware that the current use of beneficiary forms was really not in
compliance. A firefighter cannot sign away a survivor's right to the benefit.
15
there are no survivors, is eligible to receive a death benefit in lieu of the member's retirement that shall
diztrlbu'~blc. ~flfin ~ree months ~er the date of deaffi. O~y fl~e vested potion of ~e account sh~l
be dis~buted.
Subd. C. Notice. The survivhg spouse, su~iv~g children or estate, if~crc arc no survivors
eligible for survivors benefits under ~is section may, withh s~ty days aRcr the date of thc volunteer's
death in the case of an active volunteer under Section lA., ..... ~,.,.,:"-:- ~: ~: ..... ..:~ ..... ~.~," ..... .,~'--- ~.~' ...... **,,~,' ..... .~'-~-
..... ~ ........ ' ..... ~ ...... ~ --' ......... ~.~, md Section lB, se~e upon the Cib' Manager, as ex officio
member of the Board of Trustees, a notice of election to receive the pa~ent accord~g to ~icle XIII
T~g and modes ofdist ibutio
the ~ .... " .... .,_ ..:_1_.. ...... ,.
Trustees shall with~ ten days ofreceiv~g notice of the volunteer's death, mail notice of~e right to
elect a pa~ent method under ~icle XIII - T~g and modes of distribution. The notice shall be
sent to the bcneficia~ at an address desi~ated by ~e volunteer in writ~g and filed by the volunteer
with the Ci~ Manager as ex officio member of the Board of Trustees.
Subd. D. Pa~ents due. Pa~ents pursuant to Sections lA ~d lB hereunder shall be due
wi~ s~ days ~om the date the Board of Trustees is notified of the death.
~.~ ~,,~ ~ ~, ..7 7~,~. NotiHcation shall ~cludc a cc~iHcd copy oFthc deceased volunteer's
death cc~iHcatc.
Subd.~ B. L~itafions [~ovc to new section on {~i~tions on bcncHts.]
Section 3. To~{ Disabili~. A ~cmbcr who is pc~ancnfly disabled ~om bc~ an active in thc F~c
Dcpa~mcnt may bc eligible For a disability bcncHt
T~stccs pursuant to this section thc disabili~ bcncHts will apply: A mcmbc~ who
pc~ancnfly disabled with a to~{ disabiliW that arises out oFor ~ thc course oFhis duties as
volunteer
susta~s a total disabi{i~ which docs not adsc ou~ o~o~ ~ thc course oFhis as a volunteer
F~cH~tc~ and has sc~cd at {cast ten yca~s as a voluntcc~ F~cH~t~r ~ thc so.icc
Columbia Heights, and is an active member ~ ~ood stand~ at ~c commcnccmcn~ oF such
disabili~23
20 I am curious as to why you would wait until they would have turned 50? I suppose it makes sense for
purposes ora monthly plan, but with a defined contribution plan, you may want to consider paying it out
right away.
21 This seems harsh.
22 This section really isn't needed, as I don't see how the law allows a designated beneficiary other than
those included in the statute.
23 Rick: this is what I called you about. Your articles of incorporation don't allow this so I suggest that you
amend them to allow payment for these kind of benefits or remove them from the bylaws. I am sending
16
shall be eligible to collect a disability benefit in an amount equal to his or her account balance based on
valuation of the account on December 31 of the year in which the debilitating injury occurs or the
sickness is diagnosed. The member shall be eligible to receive the disability benefit within 30 days of
the date of approval of the Board of Trustees.
Limitation. Any such disability benefit paid in accordance with this section
shall be in lieu of all rights to further service pension and survivor's benefit.
o
Benefit disqualification. No benefits shall be paid under this Section if the
disability is directly or indirectly, wholly or partly as a result off
self-inflicted injury or suicide, while sane or insane; or
The commission or the attempted commission of an assault or crime by the
individual.
o
Disability defined: Disability is defined as the inability to engage in
performance of his/her duties as a firefighter by reason of a medically
determinable physical or psychological impairment that is certified by a
physician, surgeon or chiropractor acceptable to the board of trustees, which
can be expected to last for a continuous period of not less than twelve months
or can be expected to result in death.24
Reports Required. No member shall be paid disability benefits except upon the
written report of a physician, surgeon or chiropractor of the member's choice.
This report shall set forth the diagnosis and prognosis of the disability, disease
or injury of the member. Each such report shall be filed with the Volunteer
Division.
Procedure. Written application shall be made to the Board of Trustees setting
out the nature and cause of such disability. All applications for disability
benefits shall be made within 30 days after such applicant has ceased to be an
active member of the fire department.
The application shall be under oath by the member or his or her
immediate family.
The Board of Trustees shall attempt to meet within fifteen days after
receipt of the application for disability benefits by the City Manager
and shall act upon the application as soon as is expedient. The
application shall be tabled until the next meeting so that a
physician, surgeon or chiropractor of the member's choice may
examine the applicant.
The physician or chiropractor shall submit a written opinion concerning
the diagnosis and prognosis of the applicant's disability and its
probable duration of permanence. The Board of Trustees has the
along an articles amendment form for you.
24 The old bylaws used 30 days as the "test" for a disability. That may be a little short.
17
o
discretion to request that another doctor, selected by the board,
examine the applicant as a condition precedent to being considered
for payment of disability. Final determination of disability will be
based on the reports of at least one doctor and by a 2/3-majority
vote of a quorum of the Board of Trustees present at the
subsequent Volunteer Division meeting.
Proof of disability. An applicant shall not be considered under a disability
unless the member furnishes adequate proof of the existence thereof. An
applicant's statement as to pain or other symptoms will not alone be conclusive
evidence of disability as defined in this section. In determining whether or not
a firefighter is disabled, the Board of Trustees shall consider the Typical Duties
Performed by a fn:e fighter as promulgated by the Fire Chief in the Rules and
Regulations of the Fire Department handbook.
Grievance Procedure. If the applicant for disability benefits feels the he/she
has been aggrieved by any action of Board, the member shall, within sixty (60)
days fi.om notice of such action of the Board, file ~vritten objections and the
reasons thereof with the Board and shall be allowed to appeal the determination
pursuant to the review procedure in these bylaws.25
Payment. No benefits shall be paid under this section for any disability prior to
thirty days before the application for benefits is sen, ed upon the City Manager.
Payments of benefits under this section shall be made only during such time, as
the volunteer is totally disabled. No benefits shall be paid under this section for
any disability period during which the disabled member is actually performing
services for the Columbia Heights Fire Department.
25 Relief Volunteer Divisions have the authority to pay temporary or permanent disability benefits to
members. Minn. Stat. §424A.05, Subd. 3, (2). This statutory provision requires that a relief Volunteer
Division specifically state that it provides disability benefits in the bylaws, in order for the Volunteer
Division to have the authority to pay such benefits. The statute is unclear on the extent of the coverage of
these types of benefits. Currently, some relief Volunteer Divisions do pay disability benefits for injuries or
illnesses that do not arise out of services performed in the line of duty. The bylaws of the Fire Department
Relief Volunteer Division currently allow payment for disabilities incurred outside the line of duty. I have
maintained the same definition.
I have also added some language. The definition section is different but incorporates the old
definition, as well.
18
Article Xlil- Timing and Modes of Distribution
Section 1: Because of the varying circumstances in each member's retirement planning, optional benefit
payment methods are offered. Selection should occur alter consultation with a tax consultant,
insurance and/or estate planner, or an attorney. Alternate payment methods on the Application Form
shall include:
(1) A single Lump sum check payment payable to the eligible retiree.
(2)
Lump Sum payment by the Volunteer Division to a recognized insurance carrier
licensed to do business in this state and approved for this product by the Commerce
Commissioner under Minn. Stat. § 60A.40.
(3) Installment payments as governed by Article XIII
(4) Rollover to an IRA account pursuant to Article XII.26
Section 2: Upon written request from the retiring member who has given proper notice of retirement,
the Secretary or Treasurer shall directly transfer the service pension amount into an Individual
Retirement Account under Section 408(a) of the Internal Revenue Code, as amended.
Section 3: A member may elect installment payments as follows:
(1)
The election of installment payments shall be irrevocable and shall be made by the
retired member in writing on a form supplied by and filed with the Secretary of the
Relief Volunteer Division no later than thirty days prior to the commencement of
payment of the service pension. The installments shall be paid in equal annual
installments, not to exceed three consecutive years.
(2)
If the retired member who elected an installment plan dies before all installments are
paid, then the remaining unpaid at the time of death shall be paid to the member's
surviving spouse, if any, and if there is no surviving spouse, to the surviving child or
children, if any, and if no child or children survive, to the estate of such deceased
member.
(3)
The payment of each installment shall include interest actually earned by the Relief
Volunteer Division but not to exceed 5%. The interest shall be compounded annually
on the reserve supporting the remaining installments, computed from the date the
previous installment was made to the date of payment for the current installment
payment.27
26 The board and membership need to decide if it would like to offer annuities of installment payrnents, as
these are optional forms of payment.
27 This is required under statute.
19
Article XIV - Early Vesting Provision
In the event a member ~vith five ten years or more but less than twenty years of active service on the
Fire Department resigns or otherwise becomes a nonmember, that person shall be entitled to the
following benefits that represents the nonforfeitable portion off
Completed Years of Service Nonforfeitable
10 40 60 percent
11 46 64 percent
12 5-2 68 percent
13 58 72 percent
14 6~ 76 percent
15 70 80 percent
16 76 84 percent
17 8-2 88 percent
18 88 92 percent
19 9~ 96 percent
20 and thereafter 100 percent28
Percentage of Account Balance
Article XV - Deferred Pension Status
Section 1. Interest provided. Ifa member has attained the age of 50 years, and retires from the fire
department and is otherwise eligible for the pension benefit, but has not taken a lump sum payment, the
balance of that member's account will be credited with earned interest at the rate permitted by Minn. Stat.
424A.02, Subd. 7 which provides that:
1) Interest will be paid on the lump sum amount deferred.
2) During the period of deferral
28 This language incorporates the old ten-year vesting schedule. This could be changed to
incorporate the statutory schedule, which begins with 60 percent at year ten. The fund doesn't really
take a loss anymore with a change in the vesting schedule. Whereas, under the old monthly plan, the
fund would financial benefit with a lower percentage vesting schedule. Again, the Volunteer
Division does not have to allow this; 1 offer it oflly as an example. Currently, the plan offers ten-
year vesting that is substantially reduced in comparison to state statute. I.e. ten year vesting starts at
40%.
20
3) At the rate actually eamed by the Association on Special Fund asset investments, but not to
exceed 5% per Minn. Stat. 356.215, Subd. 4d.
Article XVI - Procedure for review29
Section 1: In the event that the Board of Trustees denies an application for a service or ancillary
pension benefit, the member shall be entitled to the right to appeal the determination.
Section 2: If an application is not approved, the board shall return the application to the applicant within
30 days, noting thereon, with particularity, which requirements the applicant does not meet.
Thereafter, the applicant shall be furnished with the opportunity to be heard by the full board, on the
question of whether the applicant meets all of the eligibility requirements. The member shall indicate
that the member intends to appeal by furnishing the board with a written intent to appeal that is filed
with the Secretary of the Volunteer Division within 30 days of receiving an adverse determination. The
intent to appeal shall be certified by the member.
Section 3: Upon receipt of the written intent to appeal, the Board of Trustees shall hold a special
meeting within 60 days of receipt of the written intent to appeal. Timely notice of the meeting shall be
given to the member at least 15 days prior to the special meeting. The member shall have the
reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the
negative determination. The board reserves the right to engage the services ora mediator, acceptable
to both parties, at any time during the appeal. The mediator shall be selected from the Rule 114
Supreme Court Roster. The cost of the mediator shall be split in half among both parties.30
Article )(VII - Limits on benefits31
Section 1: Domestic Relations Order: A qualified domestic relations or domestic relations order shall
be accepted by the plan administrator if in compliance with state and federal law. A distribution made
pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations
order as specified by I.R.C. 414 (p) (! 1), as amended. No benefits shall be paid under a domestic
relations order which requires the plan to provide any type or form of benefit, or any option, not
otherwise provided under the Plan or under state law.
Section 2: Garnishment, judgment or legal process: No service pension or ancillary benefits paid or
payable from the special fund of a relief Volunteer Division to any person receiving or entitled to
receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution, or
other legal process, except as provided in section 518.58, 518.581, or 518.611.
29 Minn. Stat. §356A, the public pension fiduciary responsibility, act requires public pension funds to have
a procedure in place for review of negative determinations for applications for pensions or benefits.
30 The mediation is certainly one possibility. Arbitration could be another.
31 Most of the language for these provisions is taken directly from statute.
21
Section 3: No person entitled to a service pension or ancillary benefits from the special fund of a relief
Volunteer Division may assign any service pension or ancillary benefit payments, nor shall the
Volunteer Division have the authority to recognize any assignment or pay over any sum which has been
assigned.
Section 4: Limitations on Ancillary Benefits: Following the receipt of a lump sum death benefit
neither a member's surviving spouse or estate is entitled to any other or further financial relief or
benefits from the Volunteer Division.
Article XIIIII - Amendments to the Bylaws
Section 1. Procedure. The By-laws of the Volunteer Division may be amended at any regular or special
meeting of the Board of Trustees by a 2/3 3/5 majority vote of the members present and voting, provided
that a quorum is present, and provided further that notice of any proposed amendment or amendments
shall be given by reading the same a regular or special meeting not more than 31 days next preceding that
upon which such amendment or amendments are acted upon, and that a notice be mailed to each Trustee
at each not less than 10 days prior to such meeting.32
shall be given two prior readings of the same amendment at a regular or special meeting not than sixty-one
(61) and thirty-one (31) days respectively, next preceding that upon which such amendment or
amendments are acted upon, that a notice be sent to each Trustee not less than ten (10) days prior to such
meeting. ~lease note that the articles of incorporation should be amended to allow for the membership
to amend the bylaws. I have attached a sample provision you can use.)
32 The old bylaws have no provision for amending the bylaws so you may want to add one. Here is a
sample provision. The nonprofit corporation act says that if the articles are silent on this matter, the
authority to amend the bylaws is vested in the board. Currently, the articles are silent so t have included an
appropriate provision.
22