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July 10, 1995 Regular
CITY OF COLUMBIA iHEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Councilmembers Donald ©. Joll~ Robcl't W. Ructtinlann City Manager Putrick }tcntgc~ July 7, 1995 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 10, 1995, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. Call to Order and Roll Call Pledge of Allegiance Consent Agenda (All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) RECOMMENDED MOTION: Move to adopt the consent agenda items as indicated with an asterisk (***)on the Regular Council Agenda. ***4. Minutes of Previous Meeting(s) RECOMMENDED MOTION: Move to adopt the minutes of the Regular City Council Meeting of June 26, 1995, as presented in writing, and such reading be dispensed with. 5. Open Mike/Proclamations/Presentations a. (Open Mike is an opportunity for residents to address or raise any issue to the City Council. However, the City Council asks that the resident provide their name, address, and a statement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, residents will be allotted five minutes to present their statement or issue.) 6. Public Hearings/Ordinances & Resolutions a. Public Hearing - Second Reading of Ordinance No. 1302, Sale of 500 38th Avenue N.E. RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Ordinance No. 1302, Ordinance Authorizing the Sale of 500 38th Avenue N.E. RECOMMENDED MOTION: Move to Approve Development Agreement with Robert Barnick and Columbia Heights HRA Regarding the Sale and T1F Development Assistance for 500 38th Avenue N.E. and to Authorize the Mayor and City Manager to Enter into the Same. "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON T~-IE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES COUNCIL AGENDA Page 2 Council Meeting of July 10, 1995 Public Hearing - Second Reading of Ordinance No. 1304, Conveyance of Property at 4535 Taylor Street N.E. RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Ordinance No. 1304, Ordinance Authorizing the Conveyance of Certain Real Estate Located at 4535 Taylor Street N.E. RECOMMENDED MOTION: Move to Approve the Sale and Development Agreement Relating to 4535 Taylor Street N.E. by and Between the Twin Cities Habitat for Humanity for the Sale of 4535 Taylor Street N.E. and Authorize the Mayor and City Manager to Enter Into Agreement For the Same. c. Public Hearing - Second Reading of Ordinance No. 1301, Ordinance Regarding Curfews RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Ordinance No. 1301, Ordinance Regarding Curfews d. Public Hearing - First Reading of Ordinance No. 1303, Ordinance Authorizing the Sale of Property at 4612 Taylor Street N.E. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Establish July 24, 1995, at Approximately 7:00 P.M. as the Second Reading of Ordinance No. 1303, Authorizing the Sale of Property at 4612 Taylor Street N.E. e. Other Public Hearings, Ordinances, or Resolutions 7. Communications Planning and Zoning Commission The minutes of the June 27, 1995, Special Meeting of the Planning and Zoning Commission are attached for informational purposes only. ***1) Variance, Hillcrest Development, Case #9506-25, 550 N.E. 39th Avenue RECOMMENDED MOTION: Move to Approve the Request for a Variance to Allow a Certain Portion of the Required Parking Spaces to be Installed over a Specific Time Frame Conditioned Upon the Execution of a Subsequent Agreement Between the City and the Applicant for the Provision of Additional Parking Spaces to be Dedicated Up to the Required Ordinance Amount Based on the Hardship of the Existing Parking Ordinance. ***b. Establish Hearing Dates for Revocation or Suspension of Rental Property Licenses RECOMMENDED MOTION: Move to Establish a Hearing Date of August 14, 1995, for Revocation or Suspension of a License to Operate Rental Property Within the City of Columbia Heights Against Various Property Owners Regarding Their Rental Property for Failure to Submit Relicensing Applications and Conduct Annual Inspection in Compliance with Housing Maintenance Codes. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 28, 1995, for Revocation or Suspension of a License to Operate a Rental Property Within the City of Columbia Heights Against Various Property Owners Regarding Their Rental Property for Failure to Schedule an Annual Inspection in Compliance with Housing Maintenance Codes or to Submit $100.00 in Re-Inspection Fees. COUNCIL AGENDA Page 3 Council Meeting of July 10, 1995 ***c. ***d. ***c. ***d. Establish Hearing Date for Revocation or Suspension of Rental Property License RECOMMENDED MOTION: Move to Establish a Hearing Date of August 14, 1995, for Revocation or Suspension of a License to Operate a Rental Property Within the City of Columbia Heights Against Timothy J. Sylvester, Regarding Rental Property at 628 NE 38th Avenue. Request Beer-Sullivan Park RECOMMENDED MOTION: Move to Approve the Request of Carol Menken, Medtronic, Requesting Permission to Serve 3.2 Keg Beer at Their Picnic on Friday, August 18, 1995, from 12:00 Noon to 5:00 P.M. at Sullivan Lake Park; Such Approval in Conjunction with Park and Recreation Commission Action of June 28, 1995. e. Other Communications Old Business a. Transport, Joint Powers Agreement Revision RECOMMENDED MOTION: Move to Accept the Newly Revised Joint Powers Agreement Regarding Anoka County Contract #950153 to Allow Columbia Heights Police Personnel to Participate in a Collaborative Transport Program, and to Substitute the Previously Approved Joint Powers Agreement of May 30, 1995. b. Authorize S.A.C.C.C. Joint Powers Agreement RECOMMENDED MOTION: Move to Approve the Joint Powers Agreement for Southern Anoka County Community Consortium CSACCC") and Authorize the Mayor and City Manager to Enter Into the Same. c. Other Old Business New Business a. Police Weapon Sale and Purchase RECOMMENDED MOTION: Move to Authorize the Columbia Heights Police Department to Sell Their Existing Fully Automatic MP5 Carbine to the Anoka County Sheriff's SWAT Unit and Place Received Funds with Presently Available Budgeted Funds to the Purchase of Four Semi-Automatic MP5 Carbines from Streicher Guns in Plymouth, Minnesota, for the Purchase Price of $990/Each, Totaling $3,960 and That the Mayor and City Manager are Authorized to Enter into an Agreement for Same. b. Agreement Between City of Columbia Heights and Columbia Park Medical Group RECOMMENDED MOTION: Move to Approve the Agreement Between the City of Columbia Heights and Columbia Park Medical Group for the Operation and Maintenance of a Parking Ramp with the Mayor and City Manager Authorized to Sign the Subject Agreement. Accept Cash Donation RECOMMENDED MOTION: Move to Accept the Donation of $200 From Elaine Dzubak Villafana and Family of Columbia Heights and Deposit This Money in the Police Department's Contribution Fund. Authorization to Seek Bids to Recoat Garage Floor at Municipal Service Center RECOMMENDED MOTION: Move to Authorize Staff to Seek Bids to Recoat the Garage Floor at the Municipal Service Center. COUNCIL AGENDA Page 4 Council Meeting of July 10, 1995 e. Authorization to Amend Contract for Engineering Services - Project #9505 RECOMMENDED MOTION: Move to Amend the Contract for Project 9505, Emergency Vehicle Pre-Emption with BRW, Inc. to Include the Addition of Split Phasing at the Intersections of T.H. 65 at 40th Avenue and 49th Avenue and New Signal Construction at the Intersection of Stinson Blvd. and 39th Ave. for a Cost Not-to-Exceed $18,921.26; and Authorize the Mayor and City Manager to Enter Into an Agreement for the Same. ***f. Authorization to Seek Bids for Sign Maker Equipment RECOMMENDED MOTION: Move to Authorize Staff to Seek Bids for Sign Maker Equipment. ***g. Authorization of Assistant Finance Director at OMB Circular A-87 Course on August 3-4, 1995 RECOMMENDED MOTION: Move to Authorize the Attendance of June Johnston, Assistant Finance Director, at OMB Circular A-87 Course on August 3 and 4, 1995, and Furthermore, That Related Expenses be Reimbursed From the Finance Department and HRA Department Budgets. h. 1995-96 Animal Control Services Contract RECOMMENDED MOTION: Move to Authorize the Mayor and City Manager to Enter Into a Contract With the Greater Anoka County Humane Society for Animal Control/Impound Services for the Contractual Period of August 1, 1995 to July 31, 1996, and That Funding for the Services be Provided for by the Police Department Budget, 101- 42700-3050. i. Award of Self-Powered Lawn Sweeper RECOMMENDED MOTION: Move to Award the Bid for a New Self-Propelled, High Dump Turf Sweeper to MTI Distributing the Low, Qualified, Responsible Bidder in the Amount of $7,113.13 to be Paid From the Capital Equipment Fund; and Furthermore, to Authorize the Mayor and City Manager to Enter Into an Agreement for the Same. j. Other New Business 10. Reports a. Report of the City Manager b. Report of the City Attorney 11. Licenses *** RECOMMENDED MOTION: Move to approve the 1995 license applications as listed upon payment of proper funds, and the rental property license applications as submitted by Lowell DeMars on the memorandum dated July 10, 1995. 12. Payment of Bills *** RECOMMENDED MOTION: Move to pay the bills as listed out of proper funds. Adjournment RECOMMENDED MOTION: Move to adjourn. Pat Hentges, City Manager COUNCIL AGENDA Page 5 Council Meeting of July 10, 1995 COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION 1. Call to Order 2. Approval of Minutes - May 8, 1995 3. Leave of Absence - Lance R. Montague RECOMMENDED MOTION: Move to Record Leave-of-Absence Status for Lance R. Montague, Volunteer Fire Department, Effective June 13 Through July 27, 1995 (45 Days). 4. Lawrence Patsch Pension RECOMMENDED MOTION: Move to Approve That the Death Benefit Payment for Lawrence Patsch be Made to the Estate of Lawrence Patsch. 5. Adjournment 95/53 CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS, ORIGINATING DEPARTMENT: ~I~%~G~'S SECOND READING OF CITY MANAGER'S ~PP~J ORDINANCE NO. 1302 NO: 6 ITEM: SALE OF PROPERTY ON 38TH AVEN]JEN.~. BY: PATRICK HENTGES BY: NO:~, ~. _~ DATE: July 7, 1995 DATE: Attached please find an ordinance authorizing the sale of a storage building owned by the City at 500 38th Avenue N.E. and the adjacent railroad property is in the process of being acquired, located at 3725 5th Street N.E. The property, if approved, will be sold to the Columbia Heights Housing and Redevelopment Authority, and in turn to Robert Barnick for the Metro Assemblies, Inc. project. Over the past six months, the City Council has negotiated a development agreement with Robert Barnick, owner of Metro Assemblies regarding the sale and relocation of his business to the property. The City will provide Tax Increment Financing Assistance to Mr. Barnick in the form of writing down a portion of the value of the building and provide site development cost assistance. In turn, Mr. Barnick will invest approximately $100,000 in building improvements/ additions, and relocate Metro Assemblies business and its fifteen employees to the site. Mr. Barnick will pay approximately $60,000 and the City will receive another $60,000 of tax increments from the HRA to reimburse itself for a total investment in the site. Another $12,266 will be collected as administrative income and fees for the project. It is expected that the value of the property may exceed its previous tax level because of the building improvements and the addition. That additional tax value will be available to Mr. Barnick on an annualized basis in an aggregate amount of $50,416. All of these costs with the exception of the initial $60,000 payment will be amortized by an estimated annual tax of $8,842 over a fifteen year period, beginning in 1997 and ending in the year 2011. As previously stated, the tax increments are based upon a "pay-as-go" basis, thus requiring the developer to pay taxes before any tax increments will be distributed back to the project. Under this basis, the risk is minimal, except the City could experience delays in payment of administrative and/or building write-down reimbursements in the future. This is unlikely, however, because the property will be mortgaged under the S.B.A. 504 Program, whereby a considerable amount of the mortgage is guaranteed through a second interest on the part of the S.B.A. and a bank holding a first position on a balance of the mortgage. The Columbia Heights HRA will be considering the redevelopment agreement at their meeting on July 18, 1995. The first reading of this ordinance was held on June 26, 1995. RECOMMENDED MOTION: Move to waive the second reading of the Ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Ordinance No. 1302, Ordinance Authorizing the Sale of 500 38th Avenue N.E. RECOMMENDED MOTION: Move to Approve Development Agreement with Robert Barnick and Columbia Heights HRA Regarding the Sale and TIF Development Assistance for 500 38th Avenue N.E. and to Authorize the Mayor and City Manager to Enter Into the Same. COUNCIL ACTION: ORDINANCE NO. 1302 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 500 38TH AVENUE N.E. AND 3725 5TH STREET N.E. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto the Housing and Redevelopment Authority of Columbia Heights and Robert Barnick in conjunction with the Metro Assemblies, Inc. Project, the real property described as follows, to wit: All of Lots 29, 30, and 31, except West 18.5 feet of Lot 31, Block 89, Columbia Heights Annex to Minneapolis, City of Columbia Heights, Anoka County, Minnesota; AND the West 18.5 feet of Lot 31, Block 89, Columbia Heights Annex to Minneapolis, City of Columbia Heights, Anoka County, Minnesota. Section 2: 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 specifiecl int he attached agreement labeled "Exhibit Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: 3une 26, 1995 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant Date: June 1. 1995 METRO ASSEMBLIES/500 38TH AVENUE BUILDING REDEVELOPMENT PROJECT PROJECT TIMEFRAME ~anuary/May June 5, 1995 June 7, 1995 June 7.13, 1995 June 13, 1995 June 26, 1995 July 10. 1995 July 11, 1995 August 14, 1995 August 14, 1995 City Council Work Sessions City Council Work Session Notice to Anoka County Holmes & Graven Meeting Housing and Redevelopment Authorit?' Meeting City Council Regular Meeting City Council Regular Meeting Housing and Redevelopment Authority Meeting Closing Meet~ ~g City Council Regular Meeting Introduce Project(s) to City Council: approval of preliminary agreement Review/comment on project details: entertain other proposal for property Formally advise Anoka County to re- establish property in MURP TIF District Meet with Attorney to discuss Draft Development Agreement between · Xssemblies. City, and HRA Metro .eview/comment on Tax Increment Financing Project Details First Reading of Ordinance to sell 500 38th Avenue property: authorization to seek bids on Public Works storage replacement space Second Reading of Ordinance to sell 5(X) 38th Avenue property; approval of TIF/Development Agreement: approval of purchase of railroad property Approval of TIF/Development Agreement Close on sale 30 days after Ordinance approv~ Receive bids on Public Works Storage Replacement Space CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 752-2800 Ma.~or Jo,,,eph Sturde~ ant Councilmembers Donald G Jolh Bruce G Naw~;ock~ Garx L Peter,on Robert ~' Rucmmann Cit> Manager Patrick Hem~e- Date: March 20, 1995 To: Mayor Joseph Sturdevant City Council Members City Manager, Patrick Hentges From: Tina Goodroad, Zoning/Grant Coordinator Subj: Metro Assemblies Site Plan Staff has reviewed the site plan submitted by Robert Barnick of Metro Assemblies for 500 3$th Avenue. This site would require 17 parking spaces, 19 are shown on the site plan. The proposed parking spaces shown at the north end of the building would be on the public right of way. With some simple redesign of the parking area the required parking spaces can be achieved. Additional parking could also be placed on the south end of the building, possibly at an angle, where there is a 10' drainage easement. This site is only required to have one loading dock. Mr. Barnick has proposed to eliminate the dock facing west and upgrade the north dock so that it is dock height and drive up height. According to Section 9.116(5)(a)&(b) of the Zoning Ordinance: All required loading berths shall be off-street. A loading berth shall not be located less than fifty (50) feet from the lot line of an abutting lot in an "R" District. Loading berths shall not occupy front yards or side street yards. Unless otherwise specified in this Ordinance, a required loading berth shall be not less than twelve feet (12') in width, twenty five feet (25') in length and fourteen (14') in height, exclusive of aisle and maneuvering space. Because of these requirements staff is suggesting that Mr. Barnick eliminate =he north dock and upgrade the west dock where this required space is available. This site plan would also be reviewed by the Planning and Zoning Commission. Sincerely, Tina Ooodroad Zoning/Grant Coordinator cc: Evelyn Nygaard Building Inspector/Zoning Administrator PRELIMINARY REDEVELOPMENT BUDGET ESTIMATE ,~00 38TH Ave. N..E., Columbia Hts., MN. 55421 DESCRIPTION COST Architect/Eng. fees Project Administration, Site Supervision Building Permit Demolition, Fence Clean Up Dumpster Concrete & Masory Exterior Walls Roofing, Existing Roofing Millwork & Doors Carpentry Room cabinets Overhead Door & Openers Glass Glazing Dry Wall Carpet/Resilient Carpet Labor Paint/Interior Exterior Paint Window Coverings Signage Plumbing, Upddate to A.D.A. Plumbing H.V.A.C. Electrical Light Fixtures, 27 Interior, 5 Exterior Parking Lot, 6,500 Sq. Ft. Landscaping SecL~rity System 4,500.00 9,780.00 1,200.00 750.00 1,800.00 1 200.00 23,500.00 12,880.00 17,5O0.00 9,500.00 3,500.00 1,800.00 1,600.00 2,200.00 7,000.00 6,375.00 25,000.00 9,500.00 1,200.00 3,700.00 1,850.00 750.00 4,000.00 8,000.00 22,500.00 5,500.00 2,560.00 8,750.00 1,000.00 3,500.00 $202,895.00 R. C. Barnick: Metro Assemblies 11-30-94 M 0 ASSEMBLI DEC I-,0 A 2300 40TH AVE. N.E. MINNEAPOLIE~, MN PHONE: - CONFIDENTIAL - November 30, 1994 City of Columbia Heights Housing and Redevelopment Columbia Heights, MN 55421 Attn: Don R. Schneider, Director Re: Redevelopment of 500 38th Ave. N.E. Sir: Please accept this letter as a request to enter into an "Exclusive Negotiation Agreement", on the aforementioned property, with a term of 90 days. I have attached a copy of my preliminary budget, site plan and concept drawing for your review. Based on my investigation and appraisal of similiar properities, the fair value of the redeveloped property would be $227,000.00. Taking into account the $202,895.00 redevelopment costs, my total acquisition cost of existing property and the SooLine property could no% exceed $24,105.00 to make this a viable project. I have done preliminary investigation into required financing and forsee no problems. The completion of this project would have-to be no later than August, 1995, so as not to impact my existing lease. I am willing to enter into a purchase agreement, and supply earnest money at the appropriate time. Thank you for your patience, I am looking forward to working with you, Mr. Hentges and the council. Sincerely, R2' CJrnick RCB:st Enc. 3 cc: Day File CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Ma.vor Joseph Sturde~ an; Couneilmembers Donald G. ]o)1> Bruce G. Nav.'roch Gan L. Peter,on Rot:;ert W. Ruemrnann Cit.~ Manager Patrick Hentge~ April 13, 1995 Robert Barnick Metro Assemblies 2300 40th Avenue N.E. Columbia Heights, MN 55421 RE: 500 3$TH AVE. N.E. Dear Mr. Barnick: Enclosed as per our telephone coDversation on April 11 are three copies of the Exclusive Negotiations Agreement for your signature. Please sign and return all three copies. We will send you one signed copy after the Mayor and City Manager signs the agreements. Sincer_ely, ../5 /'/> .? Donald R. Schneider Director Community Development Enclosure ' "SER~CE IS OUm -3'..'SI"IESF E 5~.A. Cr-'°OP't -~'7 ,' E'."='.S ,E~ THE Cf'" Or CO~,j!,,_=,,:,.,~"' G~c ..... -~Er. ,,"'-,~ Z:-Z_"p't,;:,~A":'E Ct, -~E '3AS~S P. WINTER Anomey at Law (612) 337-920~ HOLMES & GRAVEN CH~TY.,RED 4'~ Ptih~ry C~r, Mlnn~i~ Mlnnm~a ltncslm~ (OVa) April 12, 1995 Donald Schneider Executive Director Columbia Heights HRA 590 N'E 40th Avenue Columbia Heights, MN 55421 RE: Exclusive Negotiation Agreement- City of Columbia Heights and Robert C. and Prisci~a A. Barnick Dc~ Don: Enclosed are copies of the Exclusive Negotiation A~eement and Resolution approving the same corrected to reflect the name of the developer as requested by Robert C. Bamick. Do not hesitate to contact me should you have any other requests regarding this matter. Very wuly yours, Gary P. Winter GPW:mp eric. THE CITY OF COLUMBIA HEIGHTS RESOLI~ION NO.__ RF.~OLUTION TO ENTER INTO AN EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AND ROBERT C. BAR.NICK AND PRISCILLA A. BARNICK DOING BUSINE3S AS METRO ASSEMBLIES, INC. WHEREAS, Robert C. Barnick and Priscilla A. Baraick, the owners and opea'ators of Metro Assemblies, Inc., (the "Developer") have proposed to develop certain properW and construct a $,712 square foot office-indusu'ial facility (the "Minimum lm?rovements") within the Multi-Use Redevelopment Project (the "Project') in the City; and WHEREAS, thc Developer and the City of Columbia Heights (the "City") wish to consider the Developer's proposal and negotiate the terms and conditions for the City to assist the Developer to acquire the Proposed Site upon which the Developer proposes to consu'uct the Minimum Improvemenls; ~ WHEREAS, during thc period of time during which the Developer and City wish to negotiate thc trrms and conditions of the City's participation in the redevelopment of the Proposed Site, the City and the Developer seek to protect their respective interests and give their attention to one another in order to resolve any issues and matters that may arise during the course of said negotiations; ,and WHEREAS, the Developer and the City agree to memorialize their attempt to mgotia~ the terms and conditions for the City's f'mancial and other participation and the Developer's consU'uction of the Minimum Improvements in a written document of a set duration which will indicate the specific objectives of the parties (the "Exclusive Negotiation Agreement"); and WHEREAS, a copy of the Exclusive Negotiation Agreement in which the Developer and the City have determined that it is in their best interests to negotiate an agreement indicating the City's rights and obligations and the Developer's rights obligations associated with the Developer's proposal is provid~ to the City Council for the City. NOW, THEREFOR.E, BE IT RESOLVED by the City Council for the City of Columbia Heights, Minnesota as follows: 1. The Exclusive Negotiation Agreement is hereby approved and the Mayor and the City Manager are authorized to execute the Exclusive Negotiation Agreement on behalf of the City. 2. The City Manager is authorized to make any non-material corrections to ~ final Exclusive Negotiation Agreement prior to ex~:ution by the Mayor and the City Manager. Approved by the City Council for the City of Columbia Heights this day of ,1995. Dated: ATFEST: Mayor Secretary OFWB6029 CL260- 7 4 EXCLUSIVE NEGOTIATIONS AGREEMENT THIS AGREEMENT dated this day of ,19:J5 by and between THE CITY OF COLUMBIA HEIGHTS, a Minnesota home nde charter city (hereinafter "City") and Robert C. Bamick and Priscilla A. Barnick, doing business as METRO ASSEMBLIES, INC., (hereinafter "Developer"): WlTNESSETH: WHEREAS, the City desires to promote development within the established Multi-Use Redevelopment Project and Tax Increment Financing District for which the Tax Increment Financing Plan CMURP-TIF Plan") adopted by the City on September 28, 1989 ("MURP TIF District"); and WHEREAS, on December 1,199,1, the Developer subminezl to the City a written proposal for development of an area of the MUKP-TIF District (the "Developer's Proposal); and WHEREAS, the MURP-TIF District has been subject to'the "Four Year No Action" provision contained in the Minnesota Tax Increment Financing Act ("TIF Act") at Minnesota Statutes, Section z,69.176, sulxt. 6; and WHEREAS, the City may request that any parcels that have been subject to the "Four Year No Action" provision of Minnesota Statutes, Section ~69.176, subd. 6, be recerd.fied by the Anoka County Auditor's Office; and WHEREAS, if the Developer's Proposal meets the needs of the City, the City will request that the Anoka County Auditor recertify the parcels affected by the Developer's Proposal that are located in the MURP-TIF District so that the City may provide an appropriate level of assistance through tax increment financing to the Developer, and WHEREAS, the Developer's Proposal, as it may be further amended or supplemented, contemplates the acquisition of land and an existing building, the renovation of said existing building, the construction of additional office and industrial space and associated on-site parking and site development on a u'act of land (hereinahrr "Proposed Site"), the approximate boundaries and legal description of which are set forth in "Exhibit A" hereto; and WHEREAS, the City Council for the City has reviewed the Developer's Proposal and concurs that the Developer has been designated to develop the Proposed Site under such terms and conditions as may be established by further negotiations during the term of Otis Agreement between the parties; and WHEREAS, the City and the Developer are willing and desixous to undertake development of the Developer's Proposal, provided that; (a) a satisfactory agreement can hereafter be reached between the parties for the Developer's acquisition from the City of the necessary portions of the Proposed Site; CL160-~4 (b) a satisfactory agreement can hereafter be reached between the panics to establish the level of public assistance through tax increment financing t8 be provided by the City or the Columbia Heights Housing and Redevelopment Authority (the "Authority") to the Developer to help finance certain costs associated with the Developer's Proposal; (c) the Developer can secure satisfactory f'mancing sufficient for the completion of the Developer's Proposal; (d) a satisfactory agreement can hereafter be reached between the parties to establish the eligible or qualified uses for the public assistance to be provided by the City or the Authority to the Developer;, (e) the City is satisfied that the Developer's Proposal is economically feasible and in the best interests of the public. NOW, THEREFORE, in consideration of the mutual covenants of the parties hereto, IT IS AGREED between the parties as follows: 1. During the term of this Agreement, or any mutually agreed extension thereof, the parties shall use their best efforts to attempt to negotiate and formulate a def'mitive development contract (hereinafter "Development Agreement") wIfich shall provide for the development of the Developer's Proposal and shall, at a minimum, contain the following: (a) Terms and conditions, including timing, upon which the City will acquire and sell to the Developer such lands within the Proposed Site as may be necessary for the Developer to undertake and complete the Developer's Proposal; (b) Terms and conditions concerning the scope and timing of construction of the Developer's Proposal by the Developer and of any public improvements to be constructed in connection with the Developer's Proposal; (c) A statement of the nature and amount of any security to be furnished to the City or the Authority to protect the City's or the Authority's financial investment in the Developer's Proposal before and after completion of the Developer's Proposal; (d) Proposal Site. The terms and conditions for conveyance of title to the Developer of the Such other terms and conditions as may be agreed upon by the parties. 2. It is the intention of the parties that this Agreement: and shall document the present understandings and commitments of the parties; ~Pw85996 2 CL160o74 (b) shall lead to negotiation and execution of a mutually satisfactory Development Agreement for the Developer's Proposal prior to the termination date of this Agreement. Said Development Agreement (together with any other agreements entered into between the parties hereto contemporaneous therewith), when executed, shah supersede all obligations of the parties hereunder and constitute the entire agreement between the parties h~eto. 3. Unless otherwise extended by written agreement between the parties, negotiations hereunder shall continue for a period of 90 days following execution hereof. The Developer may extend the term of this Agreement for an additional 90 days by giving written notice of its desire to so extend the Agreement to th,_* Authority within the initial 90-day period; provided, that the Agreement will be extended only if the Authority finds that the Developer has diligently undertaken and pursued its obligations under this Agreement. If a Development Agreement for the De-eloper's Proposal is not satisfactorily negotiated and executed within the period of this Agreement, as the same may be extended, the obligations of either party to one another shall terminate and neither shall incur any obligation to the other. 4. During the term of this Agreement, the Developer Shall: (a) provide to the City or the Authority, within 30 days of execution of this Agreement, a def'mitive description of the lands comprising the Proposed Site which need to be acquired by the City or the Developer; (b) provide to the City, within ,i5 days of execution of this Agreement, final development of the schematics and designs presented to the City staff on December 1, 1994; (c) provide to the City, a preliminary design proposal and a cost analysis projection for the design and construction of the Developer's Proposal. The preliminary proposal shall show the location, size and nature of the Developer's Proposal, including floor plans, outline specifications and other graphic or written explanations of the Developer's Proposal, shall be accompanied by a time schedule for all phases of development, and shah show and be compatible with any public improvements to be consm~cted adjacent to or as pan of the Developer's Proposal; (d) undertake and obtain such other preliminary economic feasibility studies, income and expense projections and such other economic information as may be reasonably required by the City or the Authority to confirm the economic feasibility and soundness of the Developer's Proposal; (e) within ,~5 days of exexufion, submit to the Authority for a review a Project financing plan which shows the Developer's ability to finance the Project and includes: (i) a market study for the development prepared by a consultant retained by the Developer; and (ii) such other evidence as may be reasonably required by the City or the Authority to demonstrate that the Developer's Proposal will be economically successful and that "but for" the assistance to be provided by the City or the Authority, the Developer's Propose would not be constructed. (f) furnish to the City such information or documentation as may be required by the City to identify the legal entity constituting the Developer, the identity of the Developer's principal owners and the legal relationships of such principal owners. (g) furnish to the City or i~s desil,,nated financial consultant such information or f'~nancing statements as the City may reasonably request concerning each person or entity comprising the Developer and evidencing the financial responsibility of such person or entity and the nature and extent of such person's or entity's f'mancial interest in the Developer and the Proposed Site upon construction and completion of the Developer's Proposal. 5. During the period of this Agreement, the City shall concurrently with the Developer's performance ,described in paragraph 4 herein: (a) obtain appraisals of the fair market value of any land or interests in land contained within the Proposal Site needed to be acquired by the City or the Authority on behalf of the Developer, (b) obtain its best estimate of the cost of relocating present occupants of the Proposed Site; (c) obtain an estimate of the City's cost of constructing any associated public improvements necessary to complete the Developer's Proposal; (d) develop a financial plan for the City's participation in the Developer's Proposal and construction of associated public improvements, which plan shall document all public costs, projected public revenues, and bond or note financing (including debt service) costs; and (e) reasonably cooperate with the Developer in meeting the Developer's obligations hereunder; (fl be permitted to assign the responsibility for carrying out the City's responsibilities as provided in this Agreement to the Authority. 6. It is expressly understood that the subsequent execution and implementation of the Development Agreement between the parties shall be subject to: (a) the City's informed judgment that its undertakings thereunder are feasible based upon estimated tax increment revenues and are consistent with the purposes and objectives of the Multi-Use Redevelopment Project Plan and the MURP-TIF Plan; GPWS5996 4 CL160-74 (b) the Developer's determination that the agreed upon real estate tax level on the Propo~zl Site upon completion of conslruction and occupancy will not unduly burden the economic feasibility of the Developer's Proposal; (c) the determination that an adequate time schedule to govern their respective undertakings may be agreed upon between the parties; and (d) the determination by both parties, in light of all the facts and ckcumstances, that the undertaking of the Developer's Proposal is in the best interest of both parties. THE CITY OF COLUMBLa~ I-I~IGHTS By Joseph Sturdevant Its Mayor By Patrick Hentges Its City Manager Roben C. Barnick and Priscilla A. Bart'tick d/b/a/METRO ASSEM~BLIES, INC. By Robert C. Barnick Its By Priscilla A. Bamick Its GPw85~g6 5 CL160-74 EXHIBIT A Legal Description and Map of Proposed Site West 18.5 feet of Lot 31, Block 89 Columbia Heights Annex to Minneapolis, Anoka County, Minnesota (owned by CP Rail Systems) All of Lots 29, 30, and 31 except the West 18.5 feet of Lot 31, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota (owned by City of Columbia Heights) u~8~996 A-1 CL~60-'~4 KENNEDY & GRAVEN CHARTERED ROBERT A. ALSOP RONALD H. BATTY STEPHEN J. BU~L'L Jo14~ B. DEAN MAJtY G. DOBBINS COIIlNE A. HEINE DAVID J. KENNEDY CI~RLE$ L. Jo~t~ M. LEI~v~E, J~. RO~EItT J. LINDALL RO]EIt'I' C. JAME~ M. $TUOMME~ Mr. Pa~'ick Hentges City Manager City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 470 PIllab~ry Canute', Mmn~ap~a', Minn~a 55402 (6121 337-930~ Fac~mlle (612} 337.9310 WRITER'S DIRECT DIAL (612) 337-9~2 June 23, 1995 Jn~-~ J. 'rllOM$ON, LARRY M. WgRT~iM ~ONNIE ~ Jog Y. YANG DA~ L G~N (19~-1~1~ ROBERT C. C~ ~L~O~ H. ~w T. J~g RE: Barnick Development Agreement Dear Pat: Enclosed for consideration by the Columbia Heights city council and HRA is a copy of the agreement among the ciD', the HRA and Robert and Priscilla Barnick. In essence, the deal among the parties is as follows: The city agrees to sell the property to the HRA for $60,000 cash and take a note from the HRA for the additional $60,000. The note will be repaid by the HRA without interest from tax increment generated by the project. 2. The HRA agrees to sell the property to Barnick for $60,000. Barnick agrees to renovate and construct an addition to the existing structure on the property. Barnick agrees to sign an assessment agreement establishing a minimum market value upon completion of $227,000. This will be in effect through 2011. After using increment to reimburse the city for the cost of the property and itself for its administrative expenses, the HRA will use any additional increment to reimburse Bamick for specified costs. Barnick will be required to show that these costs were actually incurred and were reasonable. This will be a revenue obligation only, and the HRA will not be required to reimburse those costs if there is insufficient increment. If you have 'any questions or comments regarding this agreement, please feel free to give me a call. ~Ro~nal~'d RHB:c~ THIRD DRAFT 6-23-95 CONTRACT FOR PRIVATE DEVELOpMI~IT BY AND AMONG THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COL1/MRIA HEIGHTS, MINNESOTA, THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AND ROBERT C. BARNICK AND PRISCILLA A. BARNICK d/b/a METRO ASSEMBLIES This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, MN 55402 !~B90825 CL160-74 Section 1.1. Section 1.2. Section 1.3. TABLE OF CONTENTS ARTICLE I Definitions 1 Definitions ........................... · 3 Exhibits ........................... Rules of Interpretation .................... 3 Section 2.1. Section 2.2. Section 2.3. Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 3.5. Section 3.6. ARTICLE II Repx~,.sentations and Wam. anties Representations by the Authority .............. 4 Representations by the City .................. 4 Representations by the Developer .............. 5 ARTICLE III Conveyance of Property Conveyance of the Property ................. 6 Conditions Precedent to Conveyance ............ 6 Cost of the Property; Time of Conveyances ......... 6 Title .............................. 7 Public Hearing Prior to Sale ................. 7 Soil Tests; Indemnify ..................... 7 Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. ARTICLE IV Constr~ction of Minimum Improvements Construction of the Minimum Improvements ......... 8 Construction Plans ...................... 8 Commencement and Completion of Construction ....... 10 Certificate of Completion ................... 10 Reconstruction of Minimum Improvements .......... 10 Property Taxes; Special Assessments ............ 10 Section 5.1. Section 5.2. Section 5.3. ARTICLE V Public Assis*-nee Land Write Down ........................ 11 Qualifying Reimbursable Costs ................ 11 Repayment Agreement ..................... 11 Section 6.1. Insurance ARTICLE VI 11 RItBg0825 CL160-74 Section 7.1. Section 7.2. Section 7.3. ARTICLE VI Assessment Alp'cement Real Property Taxes Assessment A~-eement Use of Tax Increments 13 .................... 13 .................... 14 ARTICLE VIII Pt.o~'bitions Ag~i-~t Assignment, T~n~t'er and Enc-mb~,anees; Mo~,age Section 8.1. Section 8.2. Prohibition A~inst Assii'nment, Transfer Encumbrances ..................... 14 Limitation Upon Encumbrance of ~roperty . · ] .... i . 15 Section 9.1. Section 9.2. Section 9.3. Section 9.4. Section 9.5. ARTICLE IX Events of Default Events of Default Defined ................... 15 Remedies on Default ...................... 15 Reinvesting Interest in the Authority Upon Happening of Event Subsequent to Conveyance to Developer ..... 16 No Remedy Exclusive ..................... 17 No Additional Waiver Implied by One Waiver ..... i . . 17 Section 10.1. Section 10.2. Section I 0.3. Section 10.4. Section 10.5. Section 10.6. Section 10.7. SIGNATURES TESTIMONIALS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F ARTICLE X Additional Provisions Conflict of Interests; Representatives Not Individually Liable ................... 17 18 Restrictions on Use ...................... Notices and Demands ...................... 18 Disclaimer of Relationships .................. 18 Modifications .......................... 18 Counterparts .......................... 18 Provisions Not Merged with Deed ............... 18 PROPERTY LEGAL DESCRIPTION LIST OF CONSTRUCTION PLAN DOCUMENTS FORM OF PROPERTY DEED FORM OF CERTIFICATE OF COMPLETION FORM OF ASSESSMENT AGREEMENT FORM OF REPAYMENT AGREEMENT RIIB90825 CL160-74 CONTRACT FOR PRIVATE REDEVEI~PMENT THIS AGREEMENT is made this __ day of 1995, by and among the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, a public body eorpot-ate and politic under the ]~ws of ]~Iinnesot~ (the "Authority"), the CITY OF COLUMBIA HEIGHTS, a home ~mle charter city and municipal corporation under the laws of Minnesota (the "City") and ROBERT C. BARNICK AND PRISCILLA A. BARNICK, d/b/a Metro Assemblies, a sole proprietorship (the "Developer"). WITNESSETH: WHEREAS, the Authority established and operates the Multi-Use Redevelopment Project (the "Project") and the MURP Tax Increment Financing District (the "MURP TIF District" or "TIF District"); and WHEREAS, the Authority has adopted a project plan (the "Multi-Use Redevelopment Project Plan" or "Project Plan") and a tax increment f!_nancing plan (the "MURP TIF Plan" or "TIF Plan") authorizing the Authority to flnRnce all or a portion of the public development and redevelopment costs of the MURP TIF District; and WHEREAS, the Developer has proposed a development within the MURP TIF District which the Authority and the City have determined will promote and carry out the objectives for which the Project and MURP TIF District have been established, will assist in carrying out the objectives of the Project Plan and TIF Plan, will be in the vital best interests of the Authority and the health, safety and welfare of the residents of Columbia Heights, and is in accordance with the public purposes and provisions of the applicable state and local laws and requirements under which development in the Project has been established and is being assisted; and WHEREAS, in order to achieve the objectives of the Project Plan and TIF Plan, the Authority has determined to provide aid and assistance to the Developer in the form of a land write down and reimbursement for specified costs incurred by the Developer; and WHEREAS, the City and the Developer on May 8, 1995 entered into an Exclusive Negotiation Agreement (the "Exclusive Agreement") which committed the parties to negotiate a Contract for Private Redevelopment. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the Authority, the City and the Developer, each party does hereby represent, covenant and agree with the other as follows: RI~90825 CL160-74 ARTICLE I Def'mitioos Section 1.1. Definitions. In this Agreement, the following terms shall have the meanings given to them unless a different meaning clearly appears from the context: "Administrative Expenses" means all expenditures of the Authority other than 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 Property, relocation benefits paid to or services provided for persons residing or businesses located in the Project, or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to the TIF Act. "Administrative Expenses" includes amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. "Agreement" means this Contract for Private Development, as the same may be from time to time modified, amended, or supplemented. "Assessment Agreement" means the agreement, in the form attached hereto as Exhibit E, among the Authority, the Developer and the assessor, which establishes a Minimum Market Value for the Property and Minimum Improvements for taxes payable beginning in 199; through the Termination Date. "Available Tax Increment" means tax increment paid to the Authority by the County regarding the Minimum Improvement each year, after first deducting $3,680.56 to reimburse the City for the cost of the Property and after deducting $817.90 to reimburse the Authority for Administrative Expenses. "Authority" means the Housing and Redevelopment Authority in and for the City of Columbia Heights, a public body corporate and politic under the laws of Minnesota. "City" means the City of Columbia Heights, a home rule charter city and municipal corporation under the laws of Minnesota. "Construction Plans" means the plans, specifications, drawings and related documents regarding construction of the Minimum Improvements by the Developer on the Property. The Construction Plan documents are listed on Exhibit B attached hereto. "County" means Anoka County, Minnesota. "Developer" means Robert C. Barnick and Priscilla A. Barnick, d/b/a Metro Assemblies, a sole proprietorship. "Housing and Redevelopment Authorities Act" or "HRA Act" means Minnesota Statutes, sections 469. 001 through 469.047, as amended. "Minimum Improvements" means the improvements described in the Construction Plans, consisting generally of the renovation and expansion of a 5,000 REB90825 CL160-74 2 sq. ft. office/warehouse facility. After construction of the Minimum Improvement, the term means the Property as improved by the Minimum Improvements. Minimum Market Value" means the value for real estate tax purposes of $227,000 with respect to the Property and Minimum Improvements for taxes payable in 1997 through the Termination Date. "Project" means the Multi-Use Redevelopment Project in which the MURP TIF District is located. The Project was established on September 28, 1989. "Project Plan" means the Multi-Use Redevelopment Project Plan. "Property" means the real property upon which the Minimum Improvement will be constructed, a legal description of which property is contained on Exhibit A attached hereto. "Property Deed" means the quit claim deed by which the Authority will convey the Property to the Developer. The form of the quit claim deed is attached hereto as Exhibit C. "Qualifying Reimbursable Costs" means the landscaping, parking lot construction, fees, permit costs and other costs actually and reasonably incurred by the Developer in preparing the Property for construction of the 1Minlmum Improvements. "State" means the State of Minnesota. "Tax Increment Act" or "TIF Act" means Minnesota Statutes, sections 469.174 through 469.179, as amended. "Tax Increment Financing District", "TIF District" or "MURP TIF District" means the Authority's MURP Tax Increment Financing District, which was established on September 28, 1989. "Tax Increment Financing Plan" or "MURP TIF Plan" means the Plan adopted by the Authority to guide development in the MURP TIF District. "Tax Official" means any city or county assessor; county auditor; city, county or state board of equalization, the commissioner of revenue of the state, any state or federal district court, the tax court of the state, or the state supreme court. "Termination Date" means December 31, 2011. "Unavoidable Delays" means delays which are the direct result of acts of God; unforeseen adverse weather conditions; fire or other casualty to the Minimum Improvements; litigation commenced by third parties which, by injunction or other similar judicial action causes delays; acts of any federal, state or local governmental unit (other than the Authority or the City in enforcing their rights under this Agreement); Authority or City defaults as to the Developer's delays, Developer defaults as to the City's or Authority's delays, or other matters which are not within the control of the Developer as to the Developer's delays or not within the control of the Authority or the City as to the their delays. RItB90825 CL150-74 3 Section 1.2. Exhibits. The following exhibits are attached to and by reference made a part of this Agreement: Ao B. C. D. E. F. Legal description of the Property List of Construction Plan documents Form of Quit C!~n Deed Form of Certificate of Completion Form of Assessment Agreement Form of Repayment Agreement Section 1.3. Rules of Interpretation. (a) This Agreement shall be interpreted in accordance with and governed by the laws of Minnesota. (b) The words "herein" and "hereof" and words of similar import, without reference to any particular section or subdivision refer to this Ag'raement as a whole rather than any particular section or subdivision hereof. (c) References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. (d) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority. The Authority makes the following representations as the basis for the undertakings on its part contained herein: (a) The Authority is a Housing and Redevelopment Authority, a public body corporate and politic under the laws of Minnesota. (b) The Authority has the right, power and authority to execute, deliver and perform its obligations according to this Agreement and all other documents to be executed by the Authority pursuant hereto. The Authority assures the City and the Developer that the individuals who execute this Agreement and all other documents executed by the Authority or on behalf of the Authority am duly authorized to sign the same on beb~U' of the Authority and to bind the Authority thereto. (c) The MURP Tax Increment District is a redevelopment tax increment financing district which was created on September 28, 1989. Section 2.2. Representations by the City. The City makes the following representations as the basis for the undertakings on its part contained herein: (a) The City is a home rule charter city and municipal corporation under the laws of Minnesota. (b) The City is the fee owner of the Property. ~90825 CL160-74 4 (c) The city has the right, power and authority to execute, deliver and perform its obligation according to this Agreement and all other documents to be executed by the City pursuant hereto. The City issues the Authority and the Developer that the individuals who execute this Agreement a~d ell other documents executed by the City or on behalf of the city are duly authorized to sign the same on behalf of the City and to bind the City thereto. Section 2.3. Representations by the Developer. The Developer m-kcs the following representations as the basis for the undertakings on its part contained herein: (a) The Developer is a sole proprietorship, duly org-,~ized and in good standing under the laws of Minnesota. The Developer has the right, power and authority to execute, deliver and perform its obligations according to this Agreement and all other documents to be executed by the Developer pursuant thereto. The Developer assures the City and the Authority that the individuals who execute this Agreement and all other documents executed by the Developer or on behalf of the Developer are duly authorized to sign the same on behalf of the Developer and to bind the Developer thereto. (b) In the event the Property is conveyed to the Developer, the Developer will construct the Minimum Improvements on the Property, and will do so in accordance with the terms of this Agreement, the Program, the TIF Plan and all local, state and federal laws and zoning, building code, public health laws, and all applicable local, state or federal energy conservation laws or regulations. (c) The Developer has funds or has obtained financing in an amount sufficient to finance construction of the Minimum Improvements. (d) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer, the City or the Authority in the District, the TIF District or on the Property may be or will be in violation of any environmental law or regulation. The Developer is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure. In the event that the City or the Authority is required to take any action to obtain any neeessarsr permits or approvals with respect to the Minimum Improvements or the Property under any local, state or federal environmental law or regulation, the Developer will cooperate with the City or the Authority in connection with such action. (e) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (f) The proposed redevelopment of the Property, including construction of the Minimum Improvements, would not occur but for the tax increment financing assistance being provided by the Authority hereunder. ~90825 CL160-74 5 ARTICLE III Conveyance of Proper~ Section 3.1. Conveyance of the Property. The City is the fee owner of the Property. The City a~-ees to convey its interest in the Property to the Authority, subject to compliance with city charter requirements regarding the sale of public property. If the Authority obtains title to the Property, the Authority agrees to convey title to the Property to the Developer if the Developer is in compliance with this A~-eement and all conditions precedent to performance by the City or the Authority have been satisfied. The le~ml description of the Propet~ty is contained on Exhibit A attached hereto. The Authority shall convey title and possession of the Property to the Developer under a quit claim deed in the form attached hereto as Exhibit C. The conveyance of the Property and the Developer's use of the Property shall be subject to all of the conditions, covenants, restrictions and limitations imposed by this A~'eement, the HRA Act and the Property Deed. The conveyance of title to the Property and the Developer's use of the Property shall also be subject to building and zoning laws and ordinances and all other local, state and federal laws and regulation. Section 3.2. Conditions Precedent to Conveyance. Notwithstanding anything herein to the contrary, the Authority shall not be obligated to convey the Property to the Developer until the following conditions precedent have been satisfied: (a) the Authority has obtained title to the Property from the City; (b) the Authority has determined that the sale of the Property is advisable, following the public hearing required by the HRA Act; (c) the Authority has successfully persuaded the County to include the Property in the TIF District again, which Property previously was deleted from the TIF District because of section 469.176, subd. 6 of the TIF Act. (d) the Developer has submitted Construction Plans which are acceptable to and approved by the City and the Authority; (e) the Developer has submitted evidence of financing of the Minimum Improvements which is acceptable to the Authority; (f) the Developer, the Authority and the assessor have executed the Assessment Agreement; and (g) there has been no Event of Default on the part of the Developer. If all conditions precedent have been satisfied and the Authority offers to sell the Property to the Developer, the Developer agrees to purchase the Property from the Authority. Section 3.3. Cost of the Propertyl Time of Conveyances. (a) The Authority agrees to pay the City $60,000 for the Property. In addition, the Authority agrees to pledge tax increment received from the County as a result of construction of the Minimum Improvements to reimburse the City for an additional $60,000. The RRBg0825 CL160-74 6 Authority agrees to reimburse the City from tax increment, after first reimbursing itself each year for Administrative Expenses in the amount of $817.90. Thereafter, the next $3,680.56 in increment paid to the Authority each year shall be used to reimburse the City until the City shall be reimbursed the full $60,000. (b) The Developer agrees to pay the Authority $60,000 for the Property at closing. Subject to satisfaction of all of the terms and conditions con*_A~ned in this Agreement which must be satisfied prior to the Authority's conveyence of the Property to the Developer, the Authority shall execute and deliver the Property Deed to the Developer. Closing shall occur on ,1995 or on such other date as the Authority and the Developer shsll mutually agree to in writing, but in no event later than , 1995. The Developer shall have possession of the Property upon closing. Closing shall be at the offices of the Authority. The Property Deed shall be in recordable form. The Developer shall be responsible for the cost of recording the Property Deed. The Authority and the Developer agree to pro rate real estate taxes due and payable in 1995 as of the date of closing. The Developer agrees to pay all real estate taxes due and payable in the year after closing and thereafter. Section 3.4. Title. The City agrees to arrange for a commitment for the issuance of an owner's title insurance policy with respect to the Property and to deliver same to the Developer within thirty (30) days from the date hereof. The commitment shall commit the insurer to the issuance of an owner's title insurance policy (ALTA FORM "B"), shall name the Developer as the proposed insured, shall be certified to date, and shall include searches for bankruptcies and state and federal judgments, tax and other liens and for all special assessments levied or pending. The commitment shall include full mechanic's lien coverage, if available, and coverage for matters revealed by a survey (including gaps). If the commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), the City shall have thirty (30) days from the date of notice of such defects to make a good faith effort to cure such defects and to furnish a later report showing the defects cured or removed. If such defects are not cured within thirty (30) days, the Developer may terminate this Agreement or may, at its election, take title to the Property as it then is. Section 3.5. Public Hearing Prior to Sale. (a) The City's obligation to sell the Property to the Authority is contingent upon compliance by the City with the terms and conditions of its home rule charter regarding the sale of public land. The City agrees to hold the necessary hearings and readings on an ordinance authorizing sale of the Property to the Authority. Notwithstanding anything herein to the contrary, the determination to sell the Property to the Authority shall be in the sole discretion of the City. (b) The Authority's obligation to reconvey the Property to the Developer is subject to compliance with the provisions of the HRA Act regardlng the notice of sale, hearing and findings required for conveyance of ~ property. Upon execution of this Agreement, the Authority agrees to initiate the process to call for the required hearing and shall pursue same with due diligence. Notwithstanding any-th~ng herein to the contrary, the determination to sell the Property to the Developer shall be in the sole discretion of the Authority. Section 3.6. Soil Tests; Indemnity. (a) Neither the City nor the Authority makes any representations to the Developer regarding the soil conditions on the Property or the suitability of the Property for use by the Developer for construction 1~I~90825 C~150-74 7 of the Minimum Improvements. Likewise, neither the City nor the Authority has conducted any tests and make no representations to the Developer regarding the presence of pollution, contamination or hazardous substances on the Property. (b) Within twenty (20) days of the date of this Agreement but prior to conveyance of the Property to the Developer, the Developer shall have the right to undertake soil tests and borings on the Property regarding the suitability of soil conditions for construction of the Mir~imum Improvements and regarding the presence of pollution, contamination or hazardous substances on the Property. The City hereby grants permission for the Developer to enter upon the Property for the purpose of undertaking such soil tests and borings. In the event that the Developer determines, in its sole judgement, that the condition of the Property is unsuitable for construction of the Minimum Improvements, the Developer may terminate this Agreement and return the Property to its condition prior to undertaking such soil tests or borings, and the parties shall have no further obligations to one another. (c) After closing, regardless of the whether the Developer has availed itself of the right to conduct tests under section 3.6(b) of this Agreement, neither the City nor the Authority shall have any obligation or liability to the Developer for any defect or unsuitability with respect to the soil conditions or the presence of any pollution, contamination or hazardous substances on the Property. The Developer agrees to indemnify and hold harmless the City and the Authority, their officers, agents and employees, against any claims or actions from the Developer or any third party, regarding the soils or the presence of any pollution, contamination or hazardous substances on the Property. This undertaking shall survive closing and shall not merge with the Property Deed. ARTICLE IV Construction of Mini,,n.u~ Improvements Section 4. l. Construction of the Minimum Improvements. Subject to the terms and conditions of this Agreement, the Developer agrees that it will construct the Minimum Improvements on the Property in accordance with the Construction Plans. The Minimum Improvements will be completed by no later than December 31, 1995. The Developer agrees to maintain, preserve and keep the Minimum Improvements in good repair and condition, subject to reasonable wear and tear and casualty excepted, at least until the Termination Date. Nothing in this Agreement shall be construed to exempt the Developer from the need to obtain the necessary building and other permits ordinarily required prior to commencement of construction and to construct the Minimum Improvements in compliance with all codes, regulations and ordinances related to construction. Section 4.2. Construction Plans. (a) Within thirty (30) days after the date of this Agreement, the Developer shall submit to the City and the Authority for their approval preliminary plans which consist of sketches of the exterior of the proposed Minimum Improvements which illustrate the size, character and location of such improvements. The City and the Authority shall review such preliminary plans and determine, in their sole discretion, whether such preliminary plans are acceptable. In the event that the City or the Authority finds such preliminary plans to be unacceptable, the entity shall communicate such fac* ~ o the Developer within ten (10) days after the date of the submission by the Derek:: per. The Developer may then R,I~90825 CL160-74 submit new preliminary plans to the City and the Authority for their review and approval. If preliminary plans have not been submitted to and approved by the City and the Authority within sixty (60) days after the date of this Agreement, any party may terminate this Agreement. (b) Within thirty (S0) days after approval of preliminary plans pursuant to this section 4.2, the Developer shall submit the Construction Plans to the City and the Authority. The Construction Plans shall p~ovide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the preliminary plans, and all applicable state and local laws and regulations. The City and the Authority shall approve the Construction Plans in writing if, in the sole discretion of the City and the Authority, the Construction Plans: (1) conform to the preliminary plans and to the terms and conditions of this Agreement; (2) conform to the terms and conditions of the Project Plan and MURP TIF Plan; (3) conform to applicable federal, state and local law, ordinances, rules and regulations; (4) are adequate to provide for the construction of the Minimum Improvements; (5) conform to the state building code; and (6) there has occurred no Event of Default on the part of the Developer. No approval by the City or the Authority shall relieve the Developer of the obligation to comply with the terms of this Agreement, the Project Plan, the MURP TIF Plan, or applicable federal, state and local laws, or,~nances, rules and regulations in constructing the Minimum Improvements. No approval by the City or the Authority shall constitute a waiver of an Event of Default. The Construction Plans shall, in any event, be deemed approved unless rejected in writing by the City or the Authority, in whole or in part. Such rejection shall set forth in detail the reasons therefor, and shall be made within ten (10) days after the date of their receipt by the City or the Authority. If the City or the Authority rejects the Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Developer of the rejection. The provisions of this section 4.2 relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City and Authority or until the City or the Authority reasonably determine that the Developer is not making a good faith effort to submit acceptable Construction Plans. The City's and the Authority's approval shall not be unreasonably withheld and shall constitute a conclusive determination that the Construction Plans comply to the City's and the Authority's satisfaction with the provisions of this Agreement relating thereto. The Construction Plans shall not be rejected due to any objection which could reasonably have been raised upon review of the preliminary plans and corrected more economically at that time. (c) If the Developer desires to make any change in the Construction Plans after their approval by the City and the Authority, including any change to the exterior design or materials or any other change which would also require review or reapprovai under any applicable code, ordinance or regulation, the Developer shall submit the proposed change to the City and the Authority for their approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this section 4.2 with respect to such previously approved Construction Plans, the City and the Authority shall approve the proposed change and notify the Developer in writing of their approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City and the Authority unless rejected, in whole or in part, by written notice by the City or the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. I~B90825 ¢L1~0-74 9 Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall commence construction ct' the l~inimum Improvements within thirty (30) days after closing on of the Property or on such other date as the parties shall mutually agree. Subject to Unavoidable Delays, the Developer shall complete the construction of the Minimum Improvements no later than December 31, 1995. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the City and the Authority. Subsequent to conveyance of the Property to the Developer, and until construction of the Minimum Improvements has been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Developer with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with the Construction Plans and all terms of this Agreement, the Authority agrees to furnish the Developer with a Certificate of Completion in the form of Exhibit D hereto. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement and in the Property Deed with respect to the obligations of the Developer to construct the Minimum Improvements and the dates for the beginning and completion thereof. (b) The Certificate of Completion provided for in this section 4.4 shall be in such form as will enable it to be recorded in the proper office in the County for the recordation of deeds and other instruments pertaining to the Property. If the Authority shall refuse or fail to provide certification in accordance with the provisions of this section 4.4, the Authority shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be completed when such Minimum Improvements are substantially completed. The Minimum Improvements will be deemed to be substantially completed when the Developer has received a certificate of occupancy from the City's building official and the Minimum Improvements are opened to the public for business. Section 4.5. Reconstruction of Minimum Improvements. If the Minimum Improvements are damaged or destroyed before or after completion thereof but before the Termination Date, the Developer agrees, for itself and its successors and assigns, to reconstruct the Minimum Improvements so that the Minimum Improvements and the Property have a value equal to the Minimum Market Value. The Minimum Improvements shall be reconstructed in accordance with the Construction Plans, or such modifications thereto as may be requested by the Developer and approved by the City and the Authority in accordance with section 4.2 of this Agreement. Section 4.6. Property Taxes; Special Assessments. After closing on the Property, the Developer agrees to pay all real estate taxes and special assessments on the Minimum Improvements and the Property as they become due. The Developer shall not cause the Property to be removed from the public tax rolls or to become R~g0825 c~o-74 10 exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement or other action prior to the Termination Date. ARTICLE V Public Assistance Section 5.1. Land Write Down. In order to facilitate the f~-ncial feasibility of the development of the P~operty and in consideration for the Developer's fulfillment of its covenants and obUgations under this Agreement, the Authority agrees to write down the cost of the Property for the Developer. The Authority agrees to sell the Property to the Developer for $60,000. The Developer ag~es to pay the Authority $60,000 for the Property at closing. Section 5.2. ~ualifyinE Reimbursable Costs. After sn -nnual reduction of $817.90 for reimbursement of Administrative Expenses and reimbursement of $3,680.56 each year to the City for the cost of the Property, the Authority agrees to utilize Available Tax Increment to reimburse the Developer for the ~ualifying Reimbursable Costs. Reimbursement of these costs shall be made solely in accordance with the terms of this Agreement and the Repayment Agreement. Section 5.3. Repayment A~eement. (a) After execution of this Agreement and completion of construction of the Minimum Improvements by the Developer, the Authority and the Developer agree to negotiate a Repayment Agreement in a form similar to the one attached hereto as Exhibit F. By the terms of the Repayment Agreement, the Authority will agree to reimburse the Developer for the ~.~ualifying Reimbursable Costs out of Available Tax Increment. The Developer understands and acknowledges that the Available Tax Increment may not be sufficient to reimburse the Developer for any or all of the ¢~ual/fying Reimbursable Costs. It shall not be an Event of Default if, in any year or in all years prior to the Termination Date, there is insufficient Available Tax Increment to reimburse the Developer for any or all of the Qualified Reimbursable Costs. (b) After execution of the Repayment Agreement but as a condition precedent to the Authority being obligated to pay the Developer under the Repayment Agreement, the Developer agrees to submit evidence to the Authority regarding its actual and reasonable expenses relating to the Qualifying Reimbursable Costs. The Authority's obligation for reimbursing the ~.~ualifying Reimbursable Costs shall be a revenue obligation payable solely from Avs{]sble Tax Increment. The Authority's obligation to the Developer ah,l! not exceed the amount of Av-~-ble Tax Increment, or the Developer's actual and reasonable expenses, whichever is less. ARTICLF. VI Section 6.1. Insurance. (a) The Developer agrees to provide and mslutain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the Authority, furnish the Authority with proof of payment of premiums on: :!~:~g0825 CL~60-v4 (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so called "all risk" form of policy; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above required t~m~ts, an umbrella excess liability policy may be used); and (iii) Worker's compensation insurance, with statutory coverage. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the Authority and shall be placed with financially sound and reputable insurers licensed to transact business in Mi_nnesota. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the Authority in the event of cancellation of such policy or change affecting the coverage thereunder. (b) Upon completion of construction of the Minimum Improvements and prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without Hmiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, heating system explosion, water damage, demolition cost, debris removal, collapse and flood, in an amount not less than the full insurable replacement value of the Minimum Improvements. No policy of insurance shall be so written that the proceeds thereof will produce less than the ,,m~n~mum coverage required by the preceding sentence, by reason of coinsurance provisions or otherwise, without the prior consent thereto in writing by the Authority. The term "full insurable replacement value" shall mean the actual replacement cost of-the Minimum Improvements and sb,ll be determ~Bed from time to time at the request of the Authority, but not more frequently than once every three years, by an insurance consultant or insurer, selected and paid for by the Developer and approved by the Authority. (ii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for worker's compensation. (c) All insurance required in this Article VI shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of Minnesota to assume the risks covered thereby. The Developer will deposit annually with the Authority policies evidencing all such R~90825 c~6o-v4 12 insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article VI, each policy shall contain a provision that the insurer sbsl! not cancel nor modify it without giving written notice to the Developer and the Authority at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the Authority evidence satisfactory to the Authority that the policy has been renewed or replaced by another policy conforming to the provisions of this Article VI, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Developer may maintsln a single policy, blsnket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. ARTICLE VII Assessment Agreement; Right to Collect Taxes Section 7.1. R~al Property Taxes. The Developer agrees that prior to the Termination Date: (1) it will not seek administrative review or judicial review of the applicability of any tax statute determined by any Tax Official to be applicable to the Minimum Improvements or the Developer or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (2) it will not seek administrative review or judicial review of the constitutionality of any tax statute determined by any Tax Official to be applicable to the Minimum Improvements or the Developer or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (3) it will not cause a reduction in the Minimum Market Value paid in respect of the Minimum Improvements through: (A) willful destruction of the l~inlmum Improvements or any part thereof; (B) willful refusal to reconstruct damaged or destroyed property pursuant to section 4.5 of this Agreement; (C) a request to the assessor to reduce the Minimum Market Value of all or any portion of the Minimum Improvements; (D) a petition to the board of equalization of the County to reduce the Minimum Market Value of all or any portion of the Property; (E) a petition to the board of equalization of the State or the commissioner of revenue of the State to reduce the l~inimum Market Value of all or any portion of the Property; (F) an action in a district court of the State or the tax court of the State pursuant to l~innesota Statutes, Chapter 278, seeking a reduction in the Minimum Market Value of the Property; (G) an application to the commissioner of revenue of the State requesting an abatement of real property taxes pursuant to Minnesota Statutes, Chapter 270; (H) any other proceedings, whether administrative, legal or equitable, with any administrative body within the County or the State or with any court of the State or the federal government; or (I) a transfer of the Property or Minimum Improvements, or any part thereof, to an entity exempt from the payment of real property taxes under State law. The Developer shall not, prior to the Termlnstion Date, apply for a deferral of property tax on the Property pursuant to l~innesota Statutes, section 273.86. Section 7.2. Assessment Agreement. Prior to conveyance of the Property from the City to the Authority pursuant to Article III of this Agreement, the Developer and the Authority agree to enter into an Assessment Agreement, ~90825 c~60-74 13 substantially in the form of the Assessment Ais-eement contained in Exhibit E of this AKreement. The Assessment Agreement shall provide that the Minimum Market Value of the Property and Minimum Improvements shall be equal to $22?, 000 beKinning on 3anuary 1, 1996 for taxes payable in 1997. The Minimum Market Value will remain in place until the Termination Date. Section 7.3. Use of Tax Increments. The Authority will use tax increment received as a result of construction of the Minimum Improvements to reimburae itself of its Administrative Expenses, not to exceed $817.90 per year, and to reimburee the City for the cost of the Property, not to exceed $3,680.56 per year. Any increment available after satisfaction of these obligations shall be considered Available Tax Increment. Except for its obligations under this Agreement regarding Available Tax Increment, the Authority shall be free to use any tax increment received from the Property or the Minimum Improvements for any purpose for which such increment may lawfully be used, pursuant to the provisions of Minnesota law, and the Authority shall have no obligations to the Developer with respect to the use of such increment. Section 7.4. Right to Collect Delinquent Taxes. The Developer acknowledges that the Authority is providing substantial aid and assistance in furtherance of the redevelopment of the Property. The Developer understands the Authority's ability to assist the Developer in the manner specified in this Ai~eement is directly dependent upon the prompt and timely payment of real estate taxes. To that end, the Developer agrees for itself, its successors and assii-ns, in addition to the obligation pursuant to statute to pay veal estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all veal estate taxes assessed aKainst the Property and the Minimum Improvements. The Developer acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the Anoka county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney fees. ARTICLE VIII P~ohibitions Ag-{n~t Assignment, T~,,n~fer, and Encumbmumees; Mortgage Section 8.1. Prohibition AK-in~t Transfer of Ownership Interests. (a) The Developer represents and agrees that its use of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Property and not for speculation in !,~nd holding. The Developer further recoKnizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the City and the Authority; (b) the substantial assistance that has been made available by the Authority for the purpose of making such development possible; and (c) the limitations imposed by the HRA Act, any act or transaction involving or resulting in a significant change in the identity of the Developer is of particular concern to the City and the Authority. The Developer further recognizes that it is because of such qualifications and identity that the City and the Authority and entering into the Agreement with the Developer, and, in so doing, are further willing to accept and rely on the Developer for the faithful performance of all its undertakings and covenants. RI~90825 c~60-v4 14 (b) For the foregoing reasons, the Developer represents and agrees that, until issuance of the Certificate of Completion for the Minimum Improvements and the passage of one year from the date of closing, there shall be no transfer of the Property or the Minimum Improvements by the Developer nor shall the Developer suffer any such transfer to be made, without the prior written approval of the Authority and the City. Section 8.2. Limitation Upon Encumbrance of Property. Prior to the issuance of the Certificate of Completion, the Developer shah not engage in any fln-ncing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the Property other than the liens or encumbrances attached for the purposes of obtaining funds to the extent necessary for making and financing the Minimum Improvements, without the prior written approval of the Authority and the City. ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be deemed Events of Default under this Agreement and the term shall mean, whenever it is used in this Agreement, unless the context otherwise provides, any one or more of the following events: (a) Failure by the Developer to commence or complete construction of the Minimum Improvements on the Property in a timely manner; (b) Failure by the Developer to pay real estate taxes or any future special assessments on the Property and Minimum Improvements as they become due; (c) Prior to the Termination Date, a challenge by the Developer or any successor in interest to the Minimum Market Value; (d) Failure by the City, the Authority or the Developer to pay when due the payments required to be made under any provision of this Agreement; or (e) Failure by the City, the Authority or the Developer to observe or substantially perform any covenant, condition, obligation or agreement on its or their parts to be observed or performed hereunder, including failure to close on the Property by , 1995. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the non-defaulting party may take any one or more of the following actions, but not before giving 30 days' written notice and opportunity to cure to the defaulting party: (a) suspend its performance under this Agreement and the Repayment Agreement until it receives assurances from the defaulting party, deemed reasonably adequate by the non-defaulting party, that the R1~90825 c~o-~ 15 defaulting party will cure its default and continue its performance under this Agreement and the Repayment Agreement; (b) cancel or rescind this Agreement; (c) revest title to the Property in the Authority pursuant to section 9.3 of this Agreement; or (d) take whatever action at law or in equity may appear necessary or desireble to the non-defaulting party to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the defaulting party under this Agreement. In addition, the Authority may withhold the Certificate of Completion. Section 9.3. ReinvestinE Interest in the Authority Upon Happening: of Event Subsequent to Conveyance to Developer. In the event that subsequent to th~ closing on the Property and prior to the issuance of a Certificate of Completion: (a) The Developer falls to complete construction of the Minimum Improvements in conformity with this Agreement, and such failure is not due to Unavoidable Delays; or (b) The Developer, after commencement of the construction of the Minimum Improvements, defaults in or violates its obligation with respect to the construction of the Minimum Improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and such act or actions is not due to Unavoidable Delays, and any such default, violation, abandonment, or suspension is not cured, ended, or remedied within 30 days after written notice of said default is given by the Authority to the Developer; or (c) The Developer fails to pay real estate taxes or assessments on the Property when due, or places thereon any encumbrance or lien unauthorized by this Agreement, or suffers any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the Authority made for such payment, removal, or discharge, within 30 days after written demand by the Authority to do so; provided, that if the Developer shall first notify the Authority of its intention to do so, it may in good faith contest any mech-nics' or other lien to remain undischarged and unsatisfied during the period of such contest and any appeal, but only if the Developer provides the Authority with a bank letter of credit or other security in the amount of the lien, in a form satisfactory to the Authority pursuant to which the bank will pay to the Authority the -mount of any lien in the event the lien is finally determined to be valid or, as an alternative to such forms of security, has made a deposit with the district court in the manner provided in Minnesota Statutes, section 514.10. During the course of such contest the Developer shall keep the Authority informed respecting the status of such defense; or ~90825 c~60-74 16 (d) There is, in violation of this Agreement, any transfer of the Property or any part thereof; or (e) The Developer fails to comply with any of its covenants under this Agreement and fails to cure any such noncompliance or breach within 30 days after written demand to do so where such demand is required by this Agreement, then the Authority shall have the right to re-enter and take possession of the Property and to terminate and revest in the Authority the interest of the Developer in the Property; provided, however, that any exercise by the Authority of its rights or remedies hereunder shall always be subject to and limited by, and shall not defeat, render invalid or limit in any way the lien of any mortgage authorized by this Agreement or any rights or interests provided in this Agreement for the protection of the holders of a mortgage. Upon the revesting in the Authority as provided in this section 9.3, the Authority shall, pursuant to its responsibilities under law, use its best efforts to resell the Property or any part thereof in such manner as the Authority shall find feasible and consistent with the objectives of law and in such a manner as to maximize the net proceeds of the sale. Upon such resale of the Property, the proceeds shall be used first to reimburse the Authority for its costs and expenses incurred in the revestiture and sale, and then to satisfy any liens or encumbrances placed on the Property, and then to return to the Developer its purchase price of the Property. Section 9.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the parties is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the non-defaulting party to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in section 10.3 of this Agreement. Section 9.5. No Additional Waiver Implied by One Waiver. In the event any covenant or agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE X Additional P~visions Section 10.1. Conflict of Interests~ Representatives Not Individually Liable. No commissioner, officer or employee of the Authority or the City may acquire any financial interest direct or indirect, in this Agreement, the Property or in any contract related 'to the Property. No commission, officer or employee of the Authority or the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Authority or the City or for any amount which may become due to the Developer or on any obligation or term of this Agreement. RI~90825 c~6o-74 17 Section 10.2. Restrictions on Use. The Developer, for itself and its successors and assigns, agrees to devote the Property and the Minimum Improvements only to such land use or uses as may be permissible under the City's land use regulations. The Developer, for itself, its successors and assigns, acknowledges the limitations on use of the Property imposed by the HRA Act and agrees to comply with such restrictions. Section 10.3. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the City: City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Attn: City Manager (b) as to the Developer: Metro Assemblies 2300 40th Avenue NE Columbia Heights, MN 55421 (c) as to the Authority: Housing and Redevelopment Authority in and for the City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 ATTN: HRA Executive Director or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this section 10.3. Section 10.4. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City, the Authority or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of~ third-party beneficiary, principal and agent, limited or general partner, or joint venture between or among the City, the Authority and the Developer. Section 10.5. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer, the City and the Authority. Section 10.6. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.7. Provisions Not Merged with Deed. None of the provisions of this Agreement is intended to or shall be merged by reason of the Property Deed and Property Deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. ~90825 c~.~o-?~ 18 IN WITNESS WHEREOF, the parties have caused this A~reement to be executed in their names as of the date first above written. METRO ASSEMBLIES HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS By Its By Its President By Its By Its Executive Director CITY OF COLUMBIA HEIGHTS By Its Manager By Its Mayor STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995, by and , the President and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Columbia Heights, a public body corporate and politic under the laws of the state of Minnesota, on behalf of the Authority. Notary Public R~90825 ~o-~4 19 STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument ~ 1995, by and a Minnesota sole proprietorship. was acknowledged before me this day of and , the , respectively, of Metro Assemblies, Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995, by Joseph Sturdevant and Patrick Hentges, the Mayor and City Manager, respectively, of the City of Columbia Heights, a public body corporate and politic under the laws of the state of Minnesota, on behalf of the City. Notary Public 1~I~90825 cL~60-v4 20 EXHIBIT A to CONTRACT FOR PRIVATE DEVELOPMENT PROPERTY LEGAL DESCRIPTION All of Lots 29, 30 and 31, except the west 18.5 feet, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, l~innesota. R]~90825 EXHIBIT B to CONTP~ACT FOI~ PI~IVATE DEV~r~)PMk~NT LIST OF CONSTRUCTION PLAN DOCUMENTS [to be completed prior to execution] 1~I~90825 c~60-74 B-1 ,,~ Real l,tale k aiue nkd , nol required E X H~--'IT U"- S'FATE DEED TAX DL E HEREON . ~re,er',cd for recording ~, FOR \ -XLI. -XBLE CO\SIDER4TIO\ the H,,u,mg and Redexeh,pment -ku~.h,,ni.', tn and lot the Ch? qtl'llt:a:rh, ! , Xle:r A,,:x,r, ne, Granle,: a , le proprleh,r',l'~p under the lav,~, ol mlnllesollI, real propen.~ The_~ ..... .... . ':.., ',. ~'.,-z,.'. ?, '~,:,., ' .~, Adb 'n~hcJz-,nN:d real HO), SING -\ND REDEVELOPMENT 4L'THORIT'~ IX AND FOR THE CITh OF COLLNIBI4 HEIGHTS. \IINNESOT-X II, Lk.'*~h',: Dire:b,r }l- ~eqde'll Ct}l NT'~ OF 7,~, $:a:cme".L,: : :ne 'tZ' ?,peru described m th,., ~.r-~.r-~.'-~ - _.z EXHIBIT D to CONTRACT FOR PRIVATE DEVEI~DPMENT FORM OF CERTIFICATE OF COMPLETION The undersigned hereby certifies that, except as may be specified below, Metro Assemblies, a Minnesota sole proprietorship, has fully and completely complied with its obligations under Article IV of that document entitled "Contract for Private Development", dated among the Housing and Redevelopment Authority in and for the City of Columbia Heights, the City of Columbia Heights and Metro Assemblies with respect to construction of the Minimum Improvements on the Property legally described as [ legal to be inserted ], in accordance with the approved Construction Plans and is released and forever discharged from his obligations to construct under such above-referenced Article. Dated: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its President By Its Executive Director STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995, by and , the President and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Columbia Heights, a public body corporate and politic under the laws of the state of Minnesota, on behalf of the Authority. This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 Notary Public EI~Bg0825 c~o-~ D-1 EXHIBIT E FORM OF ASSESSMENT AGREEMENT and ASSESSOR'S CERTIFICATION By and among HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA and METRO ASSEMBLIES and THE ASSESSOR FOR ANOKA COUNTY This Document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 RI~90825 CL160-74 THIS AGREEMENT, dated as of this day of , 1995, by and between the Housing and Redevelopment Authority in and for the City of Columbia Heights, a public body corporate and politic under the laws of Minnesota ("the Authority"), and Robert C. Barniek and Priscilla A. Barnick, d/b/a Metro Assemblies, a sole proprietorship ("Developer"). WITNESSETH: WHEREAS, on or before the date hereof, the Authority, the Developer ~nd the City of Columbia Heights, Minnesota (the "City") have entered into a Contract for Private Redevelopment (the "Redevelopment Contract") regarding certain real property located in the City of Columbia Heights, pursuant to which the Authority will convey to the Developer certain property, which is legally described on Exhibit A hereto, (the "Property"); and WHEREAS, it is contemplated that pursuant to Redevelopment Contract, the Developer will renovate and construct an office/warehouse facility containing about 5,000 sq. ft. upon the Property; and WHEREAS, the Authority and the Developer desire to establish a Minimum Market Value for the Property and the Minimum Improvements to be constructed thereon, pursuant to Minnesota Statutes, section 469. 177, Subd. 8; and WHEREAS, the Authority and the Anoka County Assessor have reviewed the Construction Plans for the Minimum Improvements which it is contemplated will be erected on the Property. NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. The Minimum Market Value for the Property with the Minimum Improvements shall be Two hundred twenty-seven thousand and no/100 Dollars ($227,000). The parties agree that this value shall be placed against the Property as of January 2, 1996 for taxes payable beginning in 1997. 2. The Minimum Market Value herein established shall be of no further force and effect and this Assessment Agreement shall end on December 31, 2011. 3. This Assessment Agreement shall be promptly recorded with a copy of Minnesota Statutes, section 469.177, subd. 8, set forth in Exhibit B herato. The Developer shall pay all costs of recording this Assessment Agreement. 4. Neither the preambles nor the provisions of this Assessment Agreement are intended to, nor shall they be construed as, modifying the terms of the Redevelopment Contract among the Authority, the City and the Developer. The terms in this Assessment Agreement sb-ll have the same meanings given to them in the Redevelopment Contract unless a difference mea_ning is clear from the context. 5. This Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. RItBg0825 c~:~-v~ E-1 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its President By Its Executive Director METRO ASSEMBLIES By Its By Its STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument as acknowledged before me this day of , 1995, by and , the Preiident and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota, a public body politic and corporate under the laws of Minnesota, on behalf of the Authority. Notary Public STATE OF ) ) ss COUNTY OF ) The foregoing instrument , 1995, by and a Minnesota sole proprietorship. was acknowledged before me this day of and , the , respectively, of Metro Assemblies, Notary Public RI~gO825 c~o-74 E-2 CERTIFICATION BY ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, aud being of the opinion ttmt the minimum market value contained in the foregoing Agreement appears r~.~sonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market value assigned to such land and improvements shall upon substantial completion be not less than Two Hundred Twenty-seven Thousand Dollars ($227,000) until termination of this Agreement. Anoka County Assessor on behalf of the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this of 1995 by the Anoka county assessor for the City of Heights, Minnesota. day Columbia Notary Public RI~90825 cL~60-74 E-3 EXHIBIT A TO ASSESSMENT AGREEMENT LEGAL DESCRIPTION OF PROPERTY All of Lots 29, 30 and 31, except the west 18.5 feet, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. 1~tB90825 c~60-74 E-4 EXHIBIT B TO ASSESSMENT AGREEMENT Section 469. 177, subd. 8. Assessment Agm~menta. An authority may enter into a written assessment agreement with any person establishing a minimum market value of land, existing improvements, or improvementa to be constructed in a district, if the property is owned or will be owned by the person. The minimum market value established by an assessment agreement may be fixed, or increase or decrease in later years from the initial minimum market value. If an a~i-eement is fully executed before July 1 of an assessment year, the market value as provided under the agreement must be used by the county or local assessor as the taxable market value of the property for that assessment. Agt-eements executed on or after July 1 of an assessment year become effective for assessment purposes in the following assessment year. An assessment agreement terminates on the earliest of the date on which conditions in the assessment agreement for termination are satisfied, the termination date specified in the agreement, or the date when tax increment is no longer paid to the authority under section 469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the tax increment financing district and the property that is the subject of the agreement is located. The assessor shall review the plans and specifications for the improvements to be 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, shall execute the following certification upon the agreement: The undersigned assessor, being legally responsible for the assessment of the above described property, certifies that the market values assigned to the land and improvements are reasonable. The assessment agreement shall be filed for record and recorded in the office of the county recorder or the registrar of titles of each county where the real estate or any part thereof is situated. After the agreement becomes effective for assessment purposes, the assessor shall value the property under section 273.11, except that the market value assigned shall not be less than the minimum market value established by the assessment agreement. The assessor may assign a market value to the property in excess of the minimum market value established by the assessment agreement. The owner of the property may seek, through the exercise of administrative and legal remedies, a reduction in market value for property tax purposes, but no city assessor, county assessor, county auditor, board of review, board of equalization, commissioner of revenue, or court of this state shall grant a reduction of the market value below the minimum market value established by the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction, or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording an assessment agreement constitutes notice of the agreement to anyone who acquires any interest in the land or improvements that is subject to the assessment agreement, and the agreement is binding upon them. KEB90825 c~o-7~ E-5 EXHIBIT F to Contract for Private Development FORM OF REPAYMENT AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 199__, by and between the Housing and Redevelopment Authority in ~nd for the City of Columbia Heights, Minnesota, a public body corporate and politic under the laws of Minnesota (the "Authority"), and Robert C. Barnick and Priscilla A. Barnick, d/b/a Metro Assemblies, a Minnesota corporation (the "Developer"). WITNESSETH: WHEREAS, the parties hereto did on , 1995, enter into that certain document entitled "Contract for Private Development" (the "Agreement"); and WHEREAS, the Agreement provided that the Developer would renovate an existing structure and construct an addition thereto on the land legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Developer has incurred certain expenses in preparing the site, installing utilities and otherwise making the Property suitable for development (the "Qualifying Reimbursable Costs") as specified herein; and WHEREAS, the Authority agreed to reimburse the Developer for its actual and reasonable expenditures for Qualifying Reimbursable Costs from tax increment paid to the Authority, after first deducting the annual amount necessary to reimburse the Authority for its Administrative Expenses and after deducting the annual amount necessary to reimburse the City for the cost of the Property (the "Available Tax Increment"); and WHEREAS, in order to secure such payment, the Agreement requires that the Authority and Developer enter into this Repayment Agreement; ~RE~90825 c~60-74 F-1 NOW, THEREFORE, in consideration of the mutual obligations of the parties contained in the Agreement and in this Repayment Agreement, the parties agree as follows: Section 1. Definitions. Unless the contrary clearly appears from the context, the terms used in this Repayment Agreement shall have the same meanings as given them in the Agreement. Section 2. Repayment Amount. Subject to the limitations cont,,{,~ed herein and after first reimbursing itself $817.90 each year for its Administrative Expenses and reimbursing the City $3,680.56 each year for the cost of the Property, the Authority agrees to reimburse the Developer for the Developer's actual and reasonable expenses associated with the Qualifying Reimbursable Costs out of Available Tax Increment. The Qualifying Reimbursable Costs are listed on Exhibit B attached hereto and constitute the Authority's maximum obligation under this Repayment Agreement. The Authority shall not be obligated to make any payment to the Developer under this Repayment Agreement until the Developer has provided the Authority evidence of the Authority's actual and reasonable expenses associated with the Qualifying Reimbursable Costs. Section 3. Timing of Payments. The Authority shall reimburse the Developer for the Qualifying Reimbursable Costs starting in the year in which the Authority first receives Available Tax Increment from the Minimum Improvements until December 31, 2011. Payments shah be made to the Developer on approximately July 31 and December 31 each year but in any event not more than 30 days following the date on which the Authority receives Available Tax Increment in its semi-annUai tax settlement, from AnoKa county. Subject to the Authority's right to prepay or the Authority's satisfaction of its obligation hereunder at an earlier date, the Authority shall make payments to the Developer until December 31, 2011. 1~90825 c~60-~4 F-2 Section 4. Prepayment. The Authority may prepay without penalty all or part of the amount due under this Repayment Agreement at any time. Upon such payment, the Authority shall have no further obligation to make payments to the Developer. Section 5. Limit of Obligation. The Developer understands and agrees that the reimbursement obligation of the Authority is limited to the Available Tax Increment generated by the l~inlmum Improvements and the Property and paid to the Authority during the term specified in section 3 of this Repayment Agreement. The Developer understands and acknowledges that the Available Tax Increment may not be sufficient to reimburse the Developer for any or all of the Qualifying Reimbursable Costs. Failure by the Developer or its successors or assigns to pay real estate taxes due on the Property may reduce or eliminate the Authority's obligation under this Repayment Agreement. The Developer further understands and agrees that the Authority's obligation hereunder is a revenue obligation only, payable solely from Available Tax Increment. Failure by the Authority to make a payment to the Developer under this Repayment Agreement due to a lack of Available Tax Increment or failure to reimburse the Developer for the Qualifying Reimbursable Costs prior to the Termination Date shall not constitute an Event of Default under the Agreement or this Repayment Agreement. Section 6. Exclusive Obligation. This Repayment Agreement constitutes the sole and exclusive obligation of the Authority to make and the sole and exclusive right of the Developer to receive reimbursement for the Qualifying Reimbursable Costs. The Developer further acknowledges that it has no other or further remedy against the Authority to enforce collection thereof. Section 7. Nature of Obligation. The parties acknowledge and understand that the financial and other commitments made in this Repayment Agreement constitute an R.IIBg0825 c~60-74 F-3 obligation within the meaning of Minnesota Statutes, Chapter 475 and Section 103 of the Internal Revenue Code of 1986. IN TESTIMONY WHEREOF, the parties hereto have caused this Repayment Agreement to be duly executed as of the day and year first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its President By Its Executive Director METRO ASSEMBLIES By Its By Its STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995, by and , the Chairman and Secretary, respectively, of the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota, a public body corporate and politic under the laws of the state of Minnesota, on behalf of the Authority. Notary Public RHBg0825 c~o-~ F-4 STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this , 1995, by and and , respectively, of Metro Assemblies. day of ., the Notary Public 3L~9082§ c~o-~ F-5 EXHIBIT A TO REPAYMENT AGREEMENT LEGAL DESCRIPTION OF PROPERTY: All of Lots 29, 30 and 31, except the west 18.5 feet, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. RHBg0825 c~o-~ EXHIBIT A TO REPAYMENT AGREEMENT The Qualifying Reimbursable Costs and the estimated expenses related thereto are as follows: Architectural and engineering fees Project administration/site supervision Building Perm/t Demolition of fence Site Clean up Dumpster rental Exterior lighting Parking lot paving Landscaping 4,500 9,780 1,200 750 1,800 1,200 2,560 8,750 1~000 Total $3],540 R{~90825 ~.6o-'~4 F-7 CITY OF COLUMBIA HEIGHTS Meeting of: July 10, 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO:-~ COMMUNITY DEVELOPMENT APPROVAL ITEM: APPROVE SALE/DEVELOPMENT AGREEMENT BY: TINA GOODRO~ B~' ~ OF 4535 TAYLOR STREET Ni.~E0.4 ~ DATE: June 30, 199~J NO: (SECOND READING OF ORD. ) 6, · Attached please find the Sale and Development Agreement for 4535 Taylor Street N.E. by and between the City of Columbia Heights and Twin Cities Habitat for Humanity. In this agreement it is stated that the developer (Habitat) is responsible to construct a single family home on the property. The City will sell the property for the purchase price of $1.00. The developer shall begin construction of the home within one (1) year of the date of execution of the agreement and shall complete construction within 18 months from start date. The developer will also be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the property. RECOMMENDED MOTION #1: Move to waive the second reading of Ordinance, there being ample copies available to the public. RECOMMENDED MOTION #2: Move to Adopt Ordinance No. 1304 , Ordinance Authorizing the Conveyance of Certain Real Estate Located at 4535 Taylor Street N.E. RECOMMENDED MOTION #3: Move to Approve the Sale and Development Agreement Relating to 4535 Taylor Street N.E. by and between the Twin Cities Habitat for Humanity for the Sale of 4535 Taylor Street N.E. and Authorize the Mayor and City Manager to Enter Into Agreement For the Same. COUNCIL ACTION: bt\council.for ORDINANCE NO. 1304 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4535 TAYLOR STREET NORTHEAST. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot 25 and the south one half of Lot 26, Block 7, Sheft%ld's 2nd Subdivision. Anoka County, Minnesota. PIN 25-30-24-33-0122. Section 2: The Mayor and City Manager are herewith authorized to execute deeds of effectuate the conveyance of said real estate subject to tt:e terms, purchase price, and conditions specified. Section 3: This ordinance shall be in full force and effect from and aPter thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: June 26, 1995 Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ~.F.J~TZNG TO 4535 Taylor Street BY AIrD BRTWR~ TKX CZTY OF ~L~A CZTI~ ~ITXT FOR THIS ~M~T, made and entered into CAis day of . 1995, by and be=ween cue City of Columbia Heights, ~hereinafter called the =City#), and Twin Cities Habitat for Humanity (hereinafter called ~he #Developer"); W~TBTJS~ T~T, in '~he joint and mutual exercise of ~heir powers and in consideration of the mutual covenants contained herein, ~J~e parties recite and agree as follows: 1.01. The propertY. The City now owns the property described in ~he aC~ached EN/~ibit "A", (~he -Property"), located in the City of Columbia Heights, Anoka County, Minnesota. 1.02. Fmcill~ies and Pre,mcr. The Developer, in accordance with City approval, plans to cons=rut= or cause =o ~ const~c=ed on ~e ~op~y a single family home. T~e Developer shall provide ~e City wi~ a copy of its plans ~d $pecifi~cion$ showing details on ~e style, exterior archite~ural feat~es, ~terials, color selec=ion$, etc. of the home =o ~ const~c=ed, whi~ plans and ~cifications s~all be submitt~ to the City for review and approval prior =o the issuance of any building pe~its on ~e ~op~y. 2.01. ~ale. The City agrees Co sell CAe Property to Developer and =he Developer agrees Co purchase the Property from CAe City for CAe purchase price of $1.00. Developer shall begin construction of =he home wiCAin one (1) year of the dace of execution of Chis agreement and shall complete construction within eighteen (18) months from said scare date, ac w~ich time ~he City will convey fee title to the property by Warranty Deed to Developer. Lq~E~9~-~- Developer's Representations- The Developer hereby represents, warrants and covenants to CAe City CAat: 3.01. ~L~l~. The Developer will comply wiCA and duly and promptly perform all of its obligations under =his Agreement and all related documents and instruments. Developer vill also comply with all State and local codes/ordinances. 4.01 M cons~-uctlon. Develo~r shall be solely rms~onsiBle for ~le construction, marketing and sale of the single family h~me on the Proper=y. 4.02. ~k~.~- Developer will be responsible for submitting to t. be City, and obtaining pre-approval of :lie floor plan and front elevation of the home propose4 to be constructed on t_he Property. Said pre-approval must be obtained before the City will issue any building permits to Developer. 4.03. Fees a~d C~=aes. T~e Developer will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City with respect to the Proper=y. Upon conveyance of the proper~y by the City, Developer agrees to be responsible for payment of all recording fees and transfer =axes resulting from the transfer of the Property. S.01. _~x~s~ina Improvements. The City will be responsible for removing any existing structure, founda:ion and debris from the Property and will assure that water and sewer services are stubbed to %be boulevard at no cost to Developer. Section ~. Default. 6.01. De_pf~R_~%- The failure to mae= any condition of this Agreement shall be an event of default. 6.02. ~. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the City may ta~e one or more of %he following actions: a. suspend performance under this Agreement; b. terminate t_he Agreement, thereby rendering void any promises or approvals contained in =his Agreement; ~9~--~- Notices. All no~ices hereunder shall be in writing and either delivered personally or mailed by certified mail, l~ostage prepaid, addressed to =he parties at the following addresses: Cit~ City of Columbia Heights 590 - 40th Avenue N.E. Columbia Mei~hts, MN 55421-3878 Twin Cities Habitat for Humanity 3001 Four~ Street S.E. Minnea~lis, MN 55414 XW FXTNF~S ~, t. be City and Developer have ~aused this Agreement to ~ executed by their duly authorized officers 4ay and year first above written. CITY OF COLUMBIA HEIG~S By: Joseph Sturdevant Its: Mayor By: Patrick Hentges Its: City Manager TWIN CITIES HABITAT FOR HUMANITY By: Its: By: Its: STATE OF MINNESOTA COUNTY OF ANOKA On ~his day of , 1995, before me, a Notary Public wit/~in and for said County, appeared :o me personally B.nown, wbc, being by me duly ~worn, did say ~.hat he is Joseph S=urdevan= namm~ in ~e foregoing instrument, the Mayor of ~.he City of Columbia Heights, a mu~ici~al cor~oration under t. he laws of TA%e State of BLtD_neso=a, and that this instrument was signed as his free act and dee~. Notary Public GOOd £~0'0N STATE OF MINNESOTA ) COUNTY OF ANOKA ) On this __ day of , 1.995, before me, a Notary Public within and for said County, appeared =o me personally known, who, being by me duly sworn, did say ~hat he is Patrick Hentges named in the foregoing instru~ent, the City Manager of the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, and that this instrument was signed as his free ac~ and deed. STATE OF MINNESOTA ) ) ss. COUNTY OF ) Notary Public On t. his day of ., 1995, before me, a Notary Public within and far said County, appeared to me personally known, who, being by me duly sworn, did say that he is named in =he foregoing instrument, the of Twin Cities Habitat for Humanity, a , on behalf of the Twin Cities Habitat for Humanity, and t_ha= this instrument was signed as his free act and deed. STATE OF MINNESOTA ) COUNTY OF ) Notary Public On this __ day Of . , 199S, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly ~worn, did say tha~ he is named in t_he foregoing instrument, the of Twin Cities Habitat for Humanity, a .. . , on behalf of the Twin Cities Habitat for Humanity, and that this ins:rument was signed as his free ac= and deed. Notary Public 908d £PS'0N I08EE8£ ~ m~] N3f~BIS 9 iZa9 '~N~JE ~I :II ~/6E×90 · X~IBIT ]~ Lot 25 and t. he south 1/2 of Lo= 26, Block 7 Subdivision, Anoka Court=y, Minnesota. Sheffield'$ 2nd £00d £1~O'ON I08228£ · mtn9 N3~31S '~ ATFI9 't~N~d~ &I:I! &6/62/90 CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: Ordinances NO. 6 ITEM: Curfew Ordinance - Second NO. Read|ng of 0rdTnance No. 1301 ORIGINATING DEPARTMENT BY: Le'3nard M. Olson DATE: July 5, 1995 CITY MANAGER APPROVAL: BY: ..~' ~.~ DATE: Juvenile crime and victimization is known to decrease with curfew enforcement. Past practice of curfew enforcement has been surpassed with the opening of the Fridley "drop off" center of which our department is now permitted to participate. Officers now are able to take unauthorized youth from our streets and drop them at the center. The center has created a new incentive because of its convenience. To further police-community efforts, the talk of a universal curfew ordinance developed metro wide attention. The concept of every community having identical curfew laws provides law enforcement an edge as well as sending a message to the youth who violate curfew laws. The proposed Columbia Heights universal curfew ordinance is a duplicate of what other communities have already enacted. Our present ordinance is antiquated and definitely in need of revision. The passage of the new ordinance provides the following curfew hours: Under 16 years: 10 P.M. to 5 A.M., weekday nights 11 P.M. to 5 A.M., Fridays and Saturdays 16 and 17 years: 11 P.M. to 5 A.M., weekday nights 12:00 midnight to 5 A.M., Fridays and Saturdays The first reading of Ordinance No. 1301 was held June 26, 1995. RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available to the public. RECO~NDED MOTION: Move to Adopt Ordinance No. 1301, Ordinance Regarding Curfews. 95-199 COUNCIL ACTION: ORDINANCE NO. 1301 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CHAPTER 10, ARTICLE III, SECTION 3 OF THE COLUMBIA HEIGHTS CITY CODE IN ITS ENTIRETY, ENTITLED "CURFEW" AND ADOPTING A NEW CHAPTER 10, ARTICLE III, SECTION 3. The City of Columbia Heights does ordain: Chapter 10, Article III, Section 3 of City Code of 1977, which currently reads as follows, to wit: CURFEW 10.303(1) No person under the age of 14 years shall be on or present in any public street, avenue, alley, or park or other public place in the City between the hours of 9:30 p.m. and 5:00 a.m. of the following day, unless accompanied by his or her parent or guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefore. The fact that said child, unaccompanied by parents, guardian or other person having legal custody is found upon any street, alley or public place between 9:30 p.m. and 5:00 a.m. of the following day, shall be prima facia evidence that said child has violated the provisions of this section, and that no reasonable excuse exists therefore. 10.303(2) No person under the age of 18 years and over the age of 14 years shall be present on any street, avenue, alley, parks or other public place in the City between the hours of 12:00 midnight and 5:00 a.m. of the following day. The provisions of this section shall not apply to any such minor person who is accompanied by his or her parent, guardian or other adult person having the authorized care and custody of such minor person, or when such minor person is upon an emergency errand or legitimate business directed by his or her parent, guardian or adult person having authorized care and custody of such minor person or is engaged in planned or organized youth activity under the direction of a school, church or community organization. The fact that said minor, unaccompanied by parent, guardian, or other person having legal custody, is found upon any street, alley or public place after 12:00 midnight or before 5:00 a.m. of the following day, shall be prima facia evidence that said minor is there unlawfully and that no reasonable excuse exists therefore. 10.303(3) No person under the age of 18 years and over the age of 14 years shall loiter, loaf, or idle on or about any public street, avenue, alley, park or other public place in the City between the hours of 9:30 p.m. and 5:00 a.m. of the following day. 10.303(4) Whenever the owner, operator, or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find persons under the age of 18 years loitering, loafing, or idling in such place of business, such owner, operator or person in charge or in control shall immediately order such person to leave, and if such person refuses to leave the said place of business, the operator shall immediately notify the police department and inform them of the violation. No owner, operator or person required by this section to give such order or make such notification shall fail to take such action. No firm, person or corporation owning, operating or in charge of any place of amusement, entertainment or refreshment, or any other place of business shall permit any minor under the age of 18 years to loiter, loaf or idle in such a place during hours prohibited by this section. 10.303(5) No parent, guardian, or other person having the lawful care, custody or control of any person under the age of 18 years shall allow or permit such person to violate the provisions of this section. 10.303(6) For purposes of aiding in the enforcement of this section, a curfew bell or siren may be sounded at 9:30 p.m. is hereby amended to read as follows: 10.303(1) FINDINGS AND PURPOSE In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. Because of their lack of maturity and experience, juveniles 'are particularly susceptible to becoming victims of older perpetrators. The younger the person is, the more likely he or she is to be a victim of crime. While parents have the primary responsibility to provide for the safety and welfare of juveniles, Columbia Heights also has a substantial interest in the safety and welfare of juveniles. Moreover, the City of Columbia Heights has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public. An updated and enforceable curfew ordinance will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. 10.303(2) DEFINITIONS "Juvenile" means a person under the age of eighteen (18). The term does not include persons under 18 who are married or have been legally emancipated. "Parent" means birth parents, adopting parents, and step parents. "Guardian" means an adult appointed pursuant to Minnesota Statute 525.6155 or 525.6165 who has the powers and responsibilities of a parent as defined by Minnesota Statute 525.619. "Responsible adult" means a person over the age of eighteen (18) specifically authorized by law or by a parent or guardian to have custody and control over a juvenile. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. "Emergency" means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury, or loss of life. "Serious bodily injury" means bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ. "Establishment" means any privately owned place of business to which the public is invited, including but not limited to, any place of amusement, entertainment, or refreshment. "Proprietor" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. 10.303(3) PROHIBITED ACTS It is unlawful for a juvenile under the age of 16 to be present in any public place or establishmenet within the City of Columbia Heights. any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. on the following day. Bo any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. It is unlawful for a juvenile, age 16 or 17 to be present in any public place or establishment within the City of Columbia Heights: ae any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day. any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the City of Columbia Heights during the hours prohibited in paragraphs A and B of this section. It is unlawful for a proprietor of an establishment within the City of Columbia Heights to knowingly permit a juvenile to remain in the establishment's property during the hours prohibited in paragraphs A and B of this section. If the proprietor is not present at the time of the curfew violation, the responding officers shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. 10.303(4) DEFENSES It is an affirmative defense for a juvenile to prove that: ae the juvenile was accompanied by his or her parent, guardian, or other responsible adult. Bo the juvenile was engaged in a lawful employment activity or was going to or returning from his or her place of employment. the juvenile was involved in an emergency situation. the juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or civic organization. the juvenile was on an errand at the direction of a parent or guardian. the juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. G. the juvenile was engaged in interstate travel. the juvenile was on the public right of way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting a neighboring property, structure, or residence. It is an affirmative defense for a proprietor of an establishment to prove that: the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minnesota Statute 340A.503, subd 6, or other verifiable means, including but not limited to, school identification cards and birth certificates. Be the proprietor or employee promptly notified the City of Columbia Heights Police Department that a juvenile was present on the premises of the establishment during curfew hours. 10.303(5) PENALTY Violation of this ordinance is a misdemeanor. First Reading: June 26, 1995 Second Reading: Date of Passage: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS Meeting of: July 10, 1995 AGENDA SECTION:~ORDINANCES & RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER APPROVAL NO: COMMUNITY DEVELOPMENT ~ ITEM: FIRST READING OF ORDINANCE NO. 1303 BY: TINA GOODRO B RE: SALE OF PROPERTY - 4612 TAYLOR DATE: June 30, 199w~u NO: ~ . D. Attached please find the Ordinance and Sale and Development Agreement for 4612 Taylor Street N.E. by and between the City of Columbia Heights and First Choice Homes, Inc. The builder/developer (First Choice Homes, Inc.) is responsible to construct a single family home on the property. The City will sell the property for the purchase price of $10,100.00, with a required $500.00 down payment (already received) and 120 days to pay the remaining balance with no interest. After the 120 days a 9.5% interest will be added. The builder/developer shall begin construction of the home within one (1) year of the date of execution of the agreement and shall complete construction within 18 months from start date. The builder/developer will also be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the property. RECOMMENDED MOTION #1: Move to waive the reading of ordinance, there being ample copies available to the public. RECOMMENDED MOTION #2: Move to Establish July 24, 1995 at approximately 7:00 p.m. as the Second Reading of Ordinance No. 1303, Authorizing the Sale of Property at 4612 Taylor Street N.E. COUNCIL ACTION: ORDINANCE NO. ~ 303 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 46 ! 2 TAYLOR STREET NORTHEAST. 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 follows, to wit: Lot 12 and 13, Block 1, Sheffield's 2nd Subdivision, Anoka County, Minnesota. PIN 25-30-24-33-0008 The Mayor and City Manger are herewith authorized to execute deeds of effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified. 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: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary DRAFT 6-29-95 ADDENDUM TO THE SALE & DEVELOPMENT ~GREEMENT RELATING TO THE SHEFFIELD REDEVELOPMENT BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA FIRST CHOICE HOMES, INC., ~ MINNESOT~ CORPORATION THIS ADDENDUM, made and entered into this day of , 1995, by and between the City of Columbia Heights, a municipal corporation, and political subdivision of the State of Minnesota, (hereinafter called the "City"), and First Choice Homes, Inc., a Minnesota corporation (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, and to dedicate a certain area within said property to the City as needed for utilities. The Developer shall also declare by restrictive covenant certain controls on the style, exterior architectural features, materials, color selections, etc. of the home to be constructed, which restrictive covenants shall be submitted to the City for review and prior approval by the architectural review board. If the architectural review board reaches an impass as to approval of the proposed restrictive covenants, the parties agree that Councilmember Peterson shall have the authority to arbitrate and resolve the dispute, with his decision being final and binding upon the parties. The restrictive covenants, as approved, shall be recorded against the Property. Section 2. Sale/Purchase of Property. 2.01. Sale. The City agrees to sell the Property to Developer by ordinance and the Developer agrees to purchase the Property from the City for the purchase price of $10,100.00. Developer shall deposit $500.00 earnest money with the City either prior to, but no later than upon execution of this Agreement. Section 3. Developer's Representations. The Developer hereby represents, warrants and covenants to the City that as of the date of this agreement the statements set forth in this section are true and correct. 3.01. No Disability. The Developer is a duly organized Minnesota corporation, authorized to do business in the State of Minnesota. 3.02..Litiqation. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform its obligations under this Agreement. 3.03. Compliance. The Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Section 4. Developer's Undertakinqs. 4.01 New Construction. Developer shall be solely responsible for the construction, marketing and sale of the single family home on the Property. The minimum selling price of said home shall be $ · 4.02. Floor Plan. Developer will be responsible for submitting to the City, and obtaining pre-approval of the floor plan of the home to be constructed on the Property. Said pre- approval must be obtained before the City will issue any building permits. 4.03. Landscapinq. Developer will provide a $ yard/landscaping package included in the sale price of the home. Said package will specify, at a minimum, tree size/type/number, sodded yard, foundation plantings/beds. The driveway and sidewalk shall be hard surfaced. 4.04. Fees and Charqes. The Developer will pay to the City, when due, all customary permit fees, connection charges, user charges or other charges lawfully imposed by the City with respect to the Property. Section 5. city's Undertakinqs. 5.01. Existinq Improvements. The City will be responsible for removing the existing structure. The City will also be responsible for clearing all debris from the Property. Section 6. Default. 6.01. Event of 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, the parties may take one or more of the following actions: a. suspend performance under this Agreement; b. terminate the Agreement, thereby rendering void any promises or approvals contained in this Agreement. c. foreclose upon the mortgage referenced herein as provided by Minnesota law. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers; and the Developer has executed this Agreement the day and year first above written. CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant, Mayor By: Patrick Hentges, City Manager FIRST CHOICE HOMES, INC. By: Its: STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this day of , 1995, 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 of First Choice Homes, Inc., a corporation under the laws of the State of Minnesota, on behalf of the corporation, and that this instrument was signed as his free act and deed. Notary Public a: \choice.dev EXHIBIT A PROPERTY ADDRESS: 4612 Taylor Street N.E. PIN #: LEGAL DESCRIPTION: Lots Twelve (12) and Thirteen (13), Block One (1), Sheffield's Second Subdivision. MORTGAGE DEED Corporation to Corporation Mortgage Registry Tax Due Hereon: THIS INDENTURE, made this day of , 1995, between First Choice Home~, Inc., a corporation under the laws of Minnesota, Mortgagor, and the City of Columbia Heights, a municipal corporation under the laws of Minnesota, Mortgagee. WITNESSETH, That Mortgagor, in consideration of the sum of Nine Thousand Six Hundred and no/100ths Dollars ($9,600.00), to Mortgagor in hand paid by Mortgagee, the receipt whereof is hereby acknowledged, does hereby convey unto Mortgagee, forever, real property in Anoka County, State of Minnesota, described as follows, to-wit: See attached Exhibit "A". together with all hereditaments and appurtenances belonging thereto (the Property). TO HAVE AND TO HOLD THE SAME, to Mortgagee forever. Mortgagor covenants with Mortgagee as follows: That Mortgagor is lawfully seized of the premises and has good right to convey the same; that the Property is free from all encumbrances, except as follows: that the Mortgagee shall quietly enjoy and possess the same; and that the Mortgagor will Warrant and Defend the title to the same against all lawful claims not hereinbefore specifically excepted. PROVIDED NEVERTHELESS, That if the said Mortgagor shall pay to Mortgagee the sum of Nine Thousand Six Hundred and no/100ths Dollars, ($9,600.00) according to the terms of that certain Promissory Note of even date herewith (the Note), the final payment being due and payable on the earlier of , 1995, or when the Property is sold to any third party, with interest at the rate provided in the Note, and shall repay to Mortgagee at the times and with interest as specified, all sums advanced in protecting the lien of this Mortgage, in payment of taxes on the Property and assessments payable therewith, insurance premiums covering buildings thereon, principal or interest on any prior liens, expenses and attorney's fees herein provided for and sums advanced for any other purpose authorized herein, and shall keep and perform all the covenants and agreements herein contained, then this Mortgage shall be null and void, and to be released at the Mortgagor's expense. AND MORTGAGOR covenants with Mortgagee as follows: To pay the principal sum of money and interest as specified in the Note; To pay all taxes now due or that may hereafter become liens against said Property before penalty attaches thereto; To keep any buildings, improvements and fixtures now or later located on or a part of the Property insured against loss by fire, extended coverage perils, vandalism, and malicious mischief for at least the amount of the full insurable value thereof at all times while any amount remains unpaid under this Mortgage. If any of the buildings, improvements or fixtures are located in a federally designated flood prone area, and if flood insurance is available for that area, Mortgagor shall procure and maintain flood insurance in amounts reasonably satisfactory to Mortgagee. Each insurance policy shall contain a loss payable clause in favor of Mortgagee affording all rights and privileges customarily provided under the so-called standard mortgage clause. In the event of damage to the Property by fire or other casualty, Mortgagor shall promptly give notice of such damage to Mortgagee and the insurance company. The insurance shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Mortgagee. The insurance policies shall provide for not less than ten days written notice to Mortgagee before cancellation, non-renewal termination, or change in coverage, and Mortgagor shall deliver to Mortgagor a duplicate original or certificate of such insurance policies; To pay when due both principal and interest of all prior liens or encumbrances, if any, above mentioned, and to keep the Property free and clear of all other prior liens or encumbrances; To commit or permit no waste on said premises and to keep them in good repair; To complete forthwith any improvements which may hereafter be under course of construction on the Property; and TO pay any other expenses and attorney's fees incurred by Mortgagee by reason of litigation with any third party for the protection of the lien of this Mortgage. This Mortgage shall immediately become due and all outstanding balances shall accelerate upon the Property being conveyed, assigned, sold, transferred or encumbered. In the case of failure to pay said taxes and assessments, prior liens or encumbrances, expenses and attorney's fees as above specified, or to insure said buildings, improvements and fixtures and deliver the policies as aforesaid, the Mortgagee may pay such taxes, assessments, prior liens, attorney's fees, and interest thereon, or obtain such insurance, and the sums so paid shall bear interest from the date of such payment, at the same rate set forth in the Note, and shall be impressed as an additional lien upon the Property and be immediately due and payable from Mortgagor to Mortgagee and this Mortgage shall from date thereof secure the payment of such advances with interest. In case of default in any of the foregoing covenants, the Mortgagor confers upon the Mortgagee the option of declaring the unpaid balance of the Note and the interest accrued thereon, together with all sums advanced hereunder, immediately due and payable without notice, and hereby authorizes and empowers Mortgagee to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney's fees permitted by law, which costs, charges and fees the Mortgagor agrees to pay. The terms of this Mortgage shall run with the Property and bind all parties hereto and their successors in interest. IN TESTIMONY WHEREOF, the said Mortgagor has hereunto set its hand the day and year first above written. MORTGAGOR: FIRST CHOICE HOMES, INC. BY: Its: STATE OF MINNESOTA ) )SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1995, by the of First Choice Homes, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. (JDH) 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (612) 780-8500 a:\choice.mtg EXHIBIT A Lots 12 and 13, Block 1 Sheffield's Second Subdivision NOTE US $9,600.00 , Minnesota , 1995 FOR VALUE RECEIVED, the undersigned ("Borrower") promises to pay the City of Columbia Heights, a municipal corporation under the laws of Minnesota, or order the principal sum of Nine Thousand Six Hundred and no/100ths Dollars ($9,600.00), with no (0%) interest on the unpaid principal balance from the date of this Note. Principal shall be payable at 590 - 40th Avenue N.E., Columbia Heights, Minnesota 55421-3878. The entire indebtedness evidenced by this Note, if not sooner paid, shall be due and payable on the earlier of , 1995 or when the property referenced on the attached Exhibit "A", located in Anoka County, Minnesota is sold to any third party. If the payment under this note is not paid when due and remains unpaid after a date specified by a notice to Borrower, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note holder. The date specified shall not be less than five days from the date such notice is mailed. The Note holder may exercise this option to accelerate during any default by Borrower regardless of any prior forbearance. If suit is brought to collect this Note, the Note holder shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to, reasonable attorney's fees. Borrower shall pay to the Note holder a late charge of nine and one-half (9.5) percent per annum in the event that this Note is not paid in full on the date it is due. Borrower may prepay the principal amount outstanding in whole or in part. Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent installments or change the amount of such installments, unless the Note holder shall otherwise agree in writing. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors and assigns. Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the address stated below or to such other address as Borrower may designate by notice to the Note holder. Any notice to the Note holder shall be given by mailing such notice by certified mail, return receipt requested, to the Note holder at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Borrower. The indebtedness evidenced by this Note is secured by a Mortgage, dated , 1995, and reference is made to the Mortgage for rights as to acceleration of the indebtedness evidenced by this Note. FIRST CHOICE HOMES, INC. BY: Its: 1814 Northdale Boulevard Coon Rapids, MN 55448 EXHIBIT A Lots 12 and 13, Block 1 Sheffield's Second Subdivision PLANNING AND ZONING COMMISSION SPECIAL MEETING - MINUTES JUNE 27, 1995 PAGE 1 The special meeting of the Planning and Zoning Commission of June 27, 1995 was called to order at 8:00 p.m. Members present were Paulson, Fowler, Larson, Peterson and Szurek. Also present were Tina Goodroad (Zoning/Grant Coordinator), and Jim Hoeft (representing the City Attorney's office). NEW BUSINESS: Petitions, letters and requests. mo Public Hearing Variance Case #9506-25 Hillcrest Development 550 N.E. 39th Avenue Columbia Heights, Mn. Tina Goodroad presented the request of Scott Tankenoff of Hillcrest Development for a variance to allow the number of required parking spaces to be installed over an extended period of time at 550 N.E. 39th Avenue as determined by the City. She explained that the request would be to allow Hillcrest Development to not be required to provide the parking that is currently required by the Parking Section of the Zoning Ordinance but to designate a green area north of their building as possible future parking as needed by a new tenant or as determined necessary by the City. The reason is that there is sufficient parking area to accommodate the existing tenants as the tenants are all low profile businesses' that do not generate the need for the full required amount of parking. Mr. Tankenhoff provided a site plan showing the ex. isting parking and the new parking areas to be developed and an interior layout of the structure. Ms. Goodroad informed the Commission that the building at 550 N.E. 39th Avenue is the former Honeywell facility and is a total of 91,760 square feet in size. There are currently six different tenants with a mix of manufacturing and warehouse uses. She stated that Mr. Tankenhoff estimated that 80 % of the building is used for warehouse type uses which would be approximately 73,408 square feet. The other 20% are manufacturing type uses at about 18,352 square feet. Ms. Goodroad stated that, according to the existing parking ordinance, the manufacturing uses would require a total of 50 spaces while the warehouse uses would require a total of 82 parking spaces totaling 132 required parking spaces. The site plan indicates 53 parking spaces currently provided with an additional 71 planned. There would be considerable green area that could be used for additional parking if necessary. PLANNING AND ZONING COMMISSION SPECIAL MEETING - MINUTES JUNE 27, 1995 PAGE 2 Ms. Goodroad informed the Commission that Hillcrest is requesting the variance to allow them to potentially sell off portions of their property. She explained that they have enough land to accommodate a new industrial company and also sell some land to Rayco Construction so that they may expand and have an off street parking area. If Hillcrest would be required to provide all the required parking spaces up front with the sale of some of their property, it would be impossible for them to sell any property. They are requesting that the City allow them to sell some land with the understanding that land set aside for parking would be utilized as parking if the City required it and/or a new tenant needed more parking than what they are already providing. She indicated that Hillcrest does have a purchase agreement pending with Rayco Construction and a prospective industrial company, Agro-K. Agro-K will only have a total of 25-30 employees for the proposed new building. Hillcrest is willing to sign any required legal document requiring a portion of land be set aside and designated as parking and that the parking would be installed when and/or if the City deemed necessary. Ms. Goodroad stated that a new parking ordinance is being proposed by Staff which will make this variance unnecessary due to the new requirements. Commissioner Larson asked Mr. Tankenoff about the removal of a portion of the quonset hut and whether that would allow for access to the rear parking. Mr. Tankenoff responded that twenty feet would be removed from that area and the end of the building reconstructed with access doors to allow for better flow for vehicles through that area of the parking lot. Dominic Diaz of 4070 N.E. 7th Street was present to question provisions for handicap access. Mr. Tankenoff stated that handicap parking spaces are provided on the east and west sides of the building with a ramp as indicated on the site plan. He stated that if was is currently provided is not sufficient, additional handicap access and parking spaces will be provided. Marlaine Szurek asked the City Attorney for his direction regarding this request. Attorney Hoeft stated that the current parking requirements could not be amended in a time frame viable for the Hillcrest project. The current parking requirements do not state a time frame as to when the required parking spaces must be completed. He felt the current ordinance requirements were unreasonable. He stated that a separate legal document agreeing that, within the City's sole discretion, the applicant would be able to install any number of parking spaces the City felt were necessary within and up to the existing code number and that installation would have to take place within a certain time frame. Within that time frame, it could be possible that the City could have completed its review of the parking requirements and complete any amendments. If the Hillcrest project complied with the new parking requirements, then the variance would no longer be necessary. PLANNING AND ZONING COMMISSION SPECIAL MEETING - MINUTES JUNE 27, 1995 PAGE 3 Motion by Paulson, seconded by Peterson, to recommend to the City Council the approval of the requested variance to allow a certain portion of the required parking spaces to be installed over a specific time frame conditioned upon the execution of a subsequent agreement between the City and the applicant for the provision of additional parking spaces to be dedicated up to the required Ordinance amount based on the hardship of the existing parking ordinance. Roll Call: All Ayes. *THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF JULY 10, 1995. C STAFF REPORTS. Ms. Goodroad presented a draft of the proposed parking ordinance amendments to Section 9.116(4) of the Zoning Ordinance. She stated that the changes only affect manufacturing, fabricating or processing uses, office space in Industrial zoned areas and warehouse uses. The changes are proposed to assist any new industrial companies, such as Agro-K, and all existing industrial business owners. She informed the Commission that Staff has had numerous discussions with business owners eager to add-on and expand their business but are unable to do so because of the constraints placed on them by the existing parking ordinance. She indicated that there are a number of companies that have a maximum of 15 to 20 employees with few customers visiting on a monthly basis. She would like to amend the ordinance to consider the number of employees when calculating required parking instead of just square footage of the tenant space. She felt that the proposed changes would greatly assist existing business expansion and help allow new industrial growth and increase the tax base. Commissioner Paulson asked how many complaints have been received regarding the lack of' parking. The complaints received were basically those regarding the parking on the street by employees and customers of certain businesses whose lots were full or lacked ample off-street parking. Commissioner Larson stated that, during the review process and consideration of amending the parking requirements, the Commission and the City must remember that the use of properties is subject to change and that future development and use must be considered. Care must be exercised to not over-simplify the requirements. Scott Smith of 450 N.E. 38th Avenue was present to state that the current parking requirements are too restrictive and felt that the proposal to utilize both square footage and the use was going in the right direction. PLANNING AND ZONING COMMISSION SPECIAL MEETING - MINUTES JUNE 27, 1995 PAGE 4 Darrell Smith of 4017 Madison Street, and father of Scott Smith, addressed the sale of the building and property at 500 N.E. 38th Avenue and voiced his displeasure in how the sale has played out given the fact that his son had attempted to purchase the property but was not successful. He wanted some answers as to how and why the current agreement evolved. Staff directed him to the City Manager. After further discussion of areas that could possibly benefit from amending the parking requirements, it was the contention of the Commission that this item be tabled for further discussion at the next scheduled meeting. Motion by Larson, seconded by Peterson, to table action of the proposed changes to Section 9.116(4) of the Parking Section of the Zoning Ordinance until the July 11, 1995 meeting. Roll Call: All Ayes. Motion by Larson, seconded by Fowler, to adjourn the meeting at 9:00 p.m. Roll Call: All Ayes. '-~ K~at~yn m~~ / Secretary to the l~nning and Zoning Commission kp CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning & Zoning --APPROVAL ITEM: Variance, Hillcrest Development BY: Tina Goodroa BY: NO: Case #9506-25, 550 N.E. 39th Avenue DATE: June 29, 1995 The Planning and Zoning Commission heard the request of Mr. Scott Tankenoff of Hillcrest Development for a variance to allow the number of required parking spaces to be installed over an extended period of time at 550 N.E. 39th Avenue as determined by the City. Section 9.116(4) (x) of the Zoning Ordinance pertaining to parking requires, for warehouses, at least one (1) parking space for each four hundred (400) square feet of floor area (gross) up to 6,000 square feet plus one (1) parking space for each 1,000 square feet over 6,000 square feet. Section 9.116(4) (bb) of the Zoning Ordinance requires manufacturing, fabricating or processing of a product to provide four (4) off-street parking spaces plus one (1) space for each four hundred (400) square feet of floor area (gross). The reason for the request is to allow Hillcrest to add some new parking, but designate a green area north of their building as possible future parking as needed by a new tenant or as determined necessary by the City. The building at 550 N.E. 39th Avenue is a total of 91,760 square feet. There are currently six different tenants with a mix of manufacturing and warehouse uses. About 80% of the building is used for warehouse and the other 20% are manufacturing type uses. According to the existing parking ordinance, the manufacturing uses would require a total of 50 spaces while the warehouse use would require a total of 82 spaces totaling 132 required parking spaces. The site plan shows 53 spaces being provided with an additional 71 planned. The tenants in the building have a range of 3 to 8 employees with only one company having up to 23 on a major shift. These companies have very few customers. Hillcrest is requesting this variance to help them be able to sell off portions of their property. If they are required to provide all required parking up front with the sale of their property, it would be impossible for them to sell. They are willing to sign any required legal document requiring a portion of land be set aside and designated as parking and that the parking would be installed when and/or if the city deemed necessary. The Planning and Zoning Commission unanimously recommend the approval of the variance. RECOMMENDED MOTION: Move to approve the request for a variance to allow a certain portion of the required parking spaces to be installed over a specific time frame conditioned upon the execution of a subsequent agreement between the City and the applicant for the provision of additional parking spaces to be dedicated up to the required ordinance amount based on the hardship of the existing parking ordinance. COUNCIL ACTION: ccag795.nol CITY OF COLUMBIA HEIGHTS Application For: Rezontng Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Eeceipt No: *,,~ 1. Street Address of Subject Property~ ~~' 2. Legal Description of Subject Property~ e Name Address: Phone: Zoning: Applicable City Ordinance Number Present Zoning Present Use 7. Reason for Request: Section Proposed Zoning Proposed Use Exhibits Submitted (maps. diagrams, etc.) AcknovledKment and SiKnature: The undersigned hereby represents upon all of the penalties of lay. for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all york herein mentioned will be done in accordance vith the~nances~ the City of Columbia Heights .nd ,he l..s 0£ ,h, ,,.~--~~.~~~ ~/~/~_~' Signature of Applicant?,'~/.//~~//'~._ ~./,z~,--f ~ _ Date: Taken By"~ **REVISED** CITY COUNCIL LETTER Meeting of: July 10, 1995 ORIGINATING DEPARTMENT: CITY MANAGER'S FIRE APPROVAL BY: LOWELL DEMARS BY: DATE: July 10, 1995 DATE: AGENDA SECTION: COMMUNICATIONS NO: 7 ITEM: ESTABLISH HEARING DATE, LICENSE REVOCATION, RENTAL PROP~IE~ NO: evocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property, for the reason indicated. For failure to submit relicensing applications and conduct annual inspection in compliance with Housing Maintenance Codes: Wayne Mecl Sally J. Anderson Jeffrey D. Bahe Steven Efterfield Dennis Hanson Steve Indihar Patrick Masloski Todd Witt Daniel A. Halsey 3819 Main Street NE 3843 Hayes Street NE 3807 Central Avenue NE 1000-02 NE 39th Avenue 3807 Van Buren Street NE 4433 Main Street NE 3726 Pierce Street NE 4222 Monroe Street NE 636 38th Avenue NE For failure to schedule an annual inspection in compliance with Housing Maintenance Codes: 10 Donald Findell 4522 Tyler Street NE " 11 Jeff Benzinger 3928 Polk Street NE 12 Larry Kahlow 3727 Reservoir Blvd. NE 13 Bradley Harlan 5037-39 Jackson Street NE 14 Stanley R. Larson 3726 NE 3rd Street 15 Judy M. English 1401-03 Parkview Lane NE For failure to submit $100.00 in re-inspection fees: 16) David and Norma Rust 4653 Central Avenue NE RECOMMENDED MOTION: Move to Establish a Hearing Date of August 14, 1995, for Revocation or Suspension of a License to Operate a Rental Property Within the City of Columbia Heights Against Various Property Owners Regarding Their Rental Property For Failure to Submit Relicensing Applications and Conduct Annual Inspection in Compliance with Housing Maintenance Codes. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 28, 1995, for Revocation or Suspension of a License to Operate a Rental Property Within the City of Columbia Heights Against Various Property Owners Regarding Their Rental Property For Failure to Schedule an Annual Inspection in Compliance with Housing Maintenance Codes or to Submit $100.00 in Re- Inspection Fees. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 FIRE APPROVAL ITEM: ESTABLISH HEARING DATE, BY: LOWELL DEMARS BY: ~~ LICENSE REVOCATION, RENTAL PROPERTI~ DATE: July 7, 1995 DATE:k~-.~__j evocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property, for the reason indicated. For failure to submit relicensing applications and conduct annual inspection in compliance with Housing Maintenance Codes: 1 Wayne Mecl 2 Sally J. Anderson 3 Jeffrey D. BaLe 4 Steven Efterfield 5 Dennis Hanson 6 Edwin Hanson 7 Steve Indihar 8) Patrick Masloski 9) Todd Witt 10) Daniel A. Halsey 3819 Main Street NE 3843 Hayes Street NE 3807 Central Avenue NE 1000-02 NE 39th Avenue 3807 Van Buren Street NE 4534 Madison Street NE 4433 Main Street NE 3726 Pierce Street NE 4222 Monroe Street NE 636 38th Avenue NE For failure to schedule an annual inspection in compliance with Housing Maintenance Codes: 11) Donald Findell 12) Jeff Benzinger 13) Larry Kahlow 14) Bradley Harlan 15) Stanley R. Larson 16) Gary Peterson 17) Judy M. English 4522 Tyler Street NE 3928 Polk Street NE 3727 Reservoir Blvd. NE 5037-39 Jackson Street NE 3726 NE 3rd Street 3713-15 Buchanan Street NE 1401-03 Parkview Lane NE For failure to submit $100.00 in re-inspection fees: 18) David and Norma Rust 4653 Central Avenue NE RECOMMENDED MOTION: Move to Establish a Hearing Date of August 14, 1995, for Revocation or Suspension of a License to Operate a Rental Property Within the City of Columbia Heights Against Various Property Owners Regarding Their Rental Property For Failure to Submit Relicensing Applications and Conduct Annual Inspection in Compliance with Housing Maintenance Codes. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 28, 1995, for Revocation or Suspension of a License to Operate a Rental Property Within the City of Columbia Heights Against Various Property Owners Regarding Their Rental Property For Failure to Schedule an Annual Inspection in Compliance with Housing Maintenance Codes or to Submit $100.00 in Re- Inspection Fees. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: Fire ITEM: Establish Hearing Date BY: Lowell DeMars ~-~ff,~ BY ('~1 / License Revocation, Rental Property NO: "~ C DATE: July 3, 1995 DA · Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against Timothy J. Sylvester, regarding rental property at 628 NE 38th Avenue. The property owner has failed to correct outstanding code violations in compliance with Housing Maintenance Codes. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 14, 1995 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Timothy J. Sylvester, Regarding Rental Property at 628 NE 38th Avenue. Attachment 95-137 COUNCIL ACTION: PROBER Chief Co i um bi a Date: 06-29-1995 (CH*A01) Violation Foliow-up Number Reslv? Date OWNER ID: 10952 PROPERTY ID: 10052 OCCUPANCY ID: 0 INSPECIION DATE: 06-23-1995 DATE/NEXT INSP: 08-01-1995 Heights Fi re Department CH Violations by Inspection Inspection Activity OWNEE ORGANIZATION: SYLVESTER SINGLE FAMILY RENTALS PROPERTY NAME/DESC: 628 38TH ORGANIZATION NAME: INSPECTION TYPE: tNSP DISTRICT: SYLVESTER SINGLE FAMILY RENTALS 92 H.M.C.FOLLOW-UP 1 211 Warning Injunction Referred To Ltr Date Date CONTACT NAME: SYLVESTER, TIMOTHY J. OCCUP CONTACT: SYLVESTER, TIMOTHY J. START TIME: 0900 FINISH TIME: Page ~: 1 Citation Number PARCEL NUMBER: 0930 08-D1-19% 5 CITY ORDINANCE 06-29-1~95 Vio!. Code Section: Vio!ation Details THE FOLLWOiNG VIOLATZONS REMAIN UNCORRECTED FRDM THE INSPECTION DATED 5-17-95: 1..,GARAGE DOOR WINDOW DAMAGED 2..MISCELLANEOUS STORAGE IN REAR YARD BY SHED AND GARAGE 3.,.PILE OF CEMENT BLOCKS NEAR GARAGE CORRECTIVE ACTIONS: 1...SHALL REPLACE DAMAGED GARAGE DOOR WINDOW 2...SHALL REMOVE ALL STORAGE FROM YARD S...SHALL REMOVE CEMENT 8LOCKS FROM NEAR GARAGE THE ABOVE NOTED ITEMS ARE VIOLATIONS OF THE FOLLOWING HOUSING MAINENANCE CODE SECTIONS: CITY COUNCIL LETTER Meeting of : July 10, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPT.: CITY MANAGER NO: 7 Recreation Dept. APPROVAL iTEM: Request beer Sullivan Park BY: DirectorRandy Quale, ~ BY~ ~ . DATE: June, 30, 1995 The Columbia Heights Park & Recreation Commission is recommending to the City Council that they approve the request of Carol Menken, Hedtrenic, requesting permission to serve 3.2 beer at their picnic on Friday, August 18. 1995 from 12:00 noon te 5:00 p.m. at Sullivan Lake Park. Attached is her request and a copy e[ the minutes pertaining te the request. RECOMMENDED HOTION: Hove to approve the request of Carol Menken, Medtrenic, requesting permission to serve 3.2 keg beer at their picnic on Friday, August 18, 1995 from 12:00 noon to 5:00 p.m. at Sullivan Lake Park; such approval in conjunction with Park and Recreation Commission action ef June 28, 1995. COUNCIL ACTION: COLUMBIA HEIGHTS PARK AND RECREATION COMMISSION MINUTES JUNE 28, 1995 PAGE TWO REQUEST MURZYN HALI./CUB SCOUT PACK #52 Move to approve the use of the hall and kitchen for Cab Scout Pack #52 annual Blue and Gold Banquet on Sunday, February 18, 1996 with the rental fee being waived. REQUEST BEER/SUI.I.IVAN LAKE PARK-MEDTRONIC Move to recommend to the City Council that Medtronic has permission to serve 3.2 beer at their picnic at Sullivan Lake Park from 12 noon to 5:00 pm on Friday, August 18, 1996. RE.i~UEST HALL/WOMEN OF TODAY-WINTER CARNIVAL Move to approve the use of the hall, LaBelle Lounge, Gauvitte and kitchen for the Women of Today's Winter Carnival on Monday, December 11th for set up and Tuesday, December 12th for the carnival with the fee being waived. REQUEST MEETING ROOM~BIlL LUTHER-TOWN MEETING Move to allow Bill Luther and staff to conduct a town meeting on Sunday, August 27th from 12 noon to I pm with the fee being waived. CONSENT AGENDA Motion by Foss, second by Evans to approve the consent agenda. All ayes, motion carried. ADDITIONAL LETTERS AND REQUESTS REQUEST MATHAIRE PARK BUILDING/WOMEN OF TODAY Bobbie Jean Knealing, Women of Today, requested the use of the Mathaire Park Building for a garage sale fundraiser from July 12 through July 15 from 8 to 5:30 pm. REQUEST HUSET PARK BUILDING/MCCL CHAPTER OF COLUMBIA HEIGHTS Ida Peltier, Minnesota Concerned Citizens for Life, requested the use of the Huset Park Building for their annual rummage sale on August 21 through 26. They are also requesting the use of six tables. Medtronic June 13, 1995 Medtronic Neurological 800 53rd Avenue NE P.O. Box 1250 Minneapolis, MN 55440-9087 (612) 572-5000 1-800-328-0810 FAX: (612) 572-5078 Columbia Heights Recreation 530 Mill Street N.E. Columbia Heights, MN 55421 ATTN: Nancy Dear Nancy: Medtronic Neurological's annual summer picnic is being planned, and we would like the opportunity of using Sullivan Lake Park again this year. Our picnic is scheduled for Friday, August 18 from 12-5:00 p.m. Someone will arrive at approximately 6:00 a.m. to begin roasting the pig. We will request that all ashes and remains be removed from the park, and we will ensure that the park area is left clean at the conclusion of the picnic. Please request the approval of the Commission to serve 3.2 beer at this picnic as we have done in the past. Thank you for your assistance. Please call me at 572-5164 if you have any questions. Sincerely, Carol Menken Picnic Coordinator /cm CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: Old Business ORIGINATING DEPARTMENT CITY MANAGER NO.8 .-P~ OLI. J.CE APPROVAL: ITEM:Xransport, Joint Powers ~.~, ,. BY: L(e~"n~M. Olson BY: C.~,~~ NO. Agreement Revision ' DATE: June 30, 1995 DATE: Attached you will find a copy of the Sheriff's office amended joint powers agreement. This latest agreement is for your review as I reported earlier. Sheriff Podany will be attending the Council meeting for the presentation to our Council and explain the changes at the meeting of July 10, 1995. RECOMMENDED MOTION: "Move to accept the newly revised joint powers agreement regarding Anoka County contract #950153 to allow Columbia Heights police personnel to participate in a collaborative transport program, and to substitute the previously approved joint powers agreement of May 30, 1995. 95-196 Attachment COUNCIL ACTION: County Contract #950153 JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT, is made and entered into between the Cities of Anoka, Blaine, Columbia Heights, Coon Rapids, Fridley, Lino Lakes, Ramsey, Spring Lake Park, and St. Francis, the Circle Pines-Lexington Joint Police Commission, and the County of Anoka, each acting by and through its governing body, pursuant to Minn. Stat. §471.59 providing for the joint exercise of powers. WITNESSETH: WHEREAS, the County and the municipalities joined together by joint powers agreement to form the Anoka County Joint Law Enforcement Council (ACJLEC); and WHEREAS, the ACJLEC is supportive of joint arrangements being entered into between interested parties in order to combine efforts to provide transport service to the Anoka County Jail Facility (ACJF), the Anoka Metro Regional Treatment Center (AMRTC), or the Anoka County Juvenile Shelter Facility (ACJSF) during selected hours on the weekends; and WHEREAS, Anoka County is willing to provide a transport vehicle for use in providing such transport service in order to facilitate such an effort; NOW, THEREFORE, in consideration of the mutual agreements contained herein and in exercise oft. he power granted by Minn. Stat. §4"/1.59, the parties to this agreement do mutually agree as follows: 1. PURPOSE The parties agree that they have joined together for the purpose of providing prisoner transport service from the point of arrest or detention to the ACJF or the AMRTC or the ACJSF. The law enforcement agency of each party is referred to as the participating agency. 2. TERM This agreement shall begin effective June ,.~, 1995 and remain in effect until terminated in accordance with the terms of this agreement. 3. TRANSPORT VEHICLE Anoka County agrees to provide a transport vehicle which shall be available during selected hours on Friday, Saturday and Sunday for use to provide transport service in accordance with the terms of this agreement. Availability of the transport vehicle may be expanded to include selected Thursday hours at such time as the Anoka County Sheriff, after conferring with the participating agencies, makes a determination that the addition of transport service on Thursday would be in the best interest of the participating agencies. 4. PERSONNEL ROTATIONS Each of the participating agencies shall be responsible for assigning personnel who will operate the transport vehicle during their assigned shifts. Personnel assigned by a party may consist of two licensed law enforcement officers, a licensed law enforcement officer and a non-licensed reserve officer, or two non-licensed reserve officers in those circumstances when a licensed law o ° County Contract #950153 enforcement officer is not available. Any non-licensed reserve c, fficer assigned by a participating agency to perform duties under the terms of this agreement must satisfy the training requirement specified in the operations policy for the transport service. Anoka County will be responsible for the assignment of officers to the transport service on the weekends of June 23 and July 1, 1995. Each participating agency is then responsible for a weekend rotation in the following order: Anoka Blaine Circle Pines-Lexington Columbia Heights Coon Rapids Fridley Lino Lakes Ramsey St. Francis Spring Lake Park Anoka County The Anoka County Sheriff or designee will maintain a schedule indicating each participating a~,ency s rotation and will provide a copy of the schedule on a quarterly basis (beginning with the July-September 1995 quarter) to participating agencies approximately 30 days prior to the beginning of the quarter. ROTATION DUTIES Operation of the transport vehicle will be done in accordance with the policy and procedures for the transport service developed by the Anoka County Shet'iff's Office. A copy of the initial policy and procedures for the transport service is attached. The policy and procedures for the transport service may be amended at any time by the Anoka County Sherift's Office, after conferring with the participating agencies. The primary responsibility for personnel operating the transport vehicle will be to respond to requests for transport service. Any participating agency can request dispatch of the transport vehicle for the transport of person(s) to the ACJF, the AMRTC detox unit, or the ACJSF. WORKER'S COMPENSATION COVERAGE The participating agency responsible for assigning perstmnel to a rotation is responsible for providing worker's compensation coverage for the personnel it assigns during the time such personnel is operating the transport vehicle. In addition, the participating agency is responsible for any payment of wages or other remuneration for personnel it assigns to the transport service. INT) EMNIFICATION Each party shall indemnify and hold harmless the other parties against all claims, losses, damage, liability, suits, judgments, costs, and expenses by reason of the actions or inactions of personnel assigned by that party's participating agency to operate the transport vehicle. This agreement to 11. 12. 13. 14. 15. 16. County Contract #950153 indemnify and hold harmless does not constitute a waiver by any party to this Agreement of limitations on liability provided by Minn. Stat. Chap. 466. CONTRACTS AND PURCHASES Any contracts and purchases made pursuant to this agreement shall be made by the County and shall conform to the requirements applicable to the County. DISBURSEMENT OF FUNDS AND PROPERTY This agreement does not anticipate disbursement of funds by the parties. Any costs to a participating agency incurred pursuant to this agreement shall be disbursed pursuant by that party in accordance with the method provided by law. The parties cio not intend to acquire property under the terms of this Agreement. Any transport vehicle used in providing service pursuant to this agreement shall remain the property of Anoka County. STRICT ACCOUNTABILITY Pursuant to Minn. Stat. {}471.59, a joint powers agreement is to provide for strict accounting of all funds and report of all receipts and disbursements. Any par'ty to this agreement may request a strict accounting at any time. TERMINATION Any party may terminate participation in this Agreement upon ninety (90) days written notice to the other parties. Such notice shall be delivered to the Mayor or Clerk of a city and to the Anoka County Administrator and Anoka County Sheriff". If Anoka County terminates participation in this Agreement, the Agreement shall terminate eft'ective on the date specified in the written notice. In the case of termination by any other party, the Agreement will continue in effect until such time as either there are fewer than three participating agencies or the parties mutually agree to terminate the agreement. ENTIRE AGREEMENT This joint powers agreement constitutes the entire agreement of the parties on the matter related hereto. The agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. SIGNATURES All parties to this Agreement need not sign the same copy of the Agreement. An original Agreement signed by each party to this Agreement shall be maintained in the Office of the Anoka County Attorney. County Contract #950153 IN WITNESS WHEREOF, the parties have signed this Agreement on the dates below: ANOKA COUNTY CITY OF By: Dan Erhart, Chair Board of Commissioners By: Name: Title: Dated: · 1995 D at ed: , 1995 Attest: John "Jay" McLinden County Administrator CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: OLD BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 8 CITY MANAGER' S APPROVAL NO: r · DATE: July 7, 1995 DAT Attached please find a Joint Powers Agreement for the Southern Anoka County Community Consortium (S.A.C.C.C.). This agreement is by and between Anoka County, the cities of Columbia Heights, Fridley, Hilltop, and Independent School Districts #13 and #14. S.A.C.C.C. has operated for nearly three years. During that time, it has operated essentially without the powers and controls of the Joint Powers Agreement. Recently, S.A.C.C.C. spun off a subsidiary organization that is responsible for the Values First Program. That group entered into a one-half time contract with an individual to assist in coordinating the Values Program. The funding for the program came from a series of grants and foundations that include the Allina/Health One organization. In part, the Joint Powers Agreement is necessary, if foundations and grant agencies are to continue to fund programs such as the Values First effort. As I mentioned in the City Manager's report, S.A.C.C.C. also made application for a number of grants, including the Juvenile Justice Grant Program. The existence of the Joint Powers Agreement is not only essential to facilitate the administration of the grants, but in many cases, a collaborative effort under a Joint Powers Agreement will even rate higher in the grant process. The Joint Powers Agreement was reviewed by the various legal staffs and is in acceptable order. RECOMMENDED MOTION: Move to Approve the Joint Powers Agreement for Southern Anoka County Community Consortium ("SoA.C.C.C") and Authorize the Mayor and City Manager to Enter Into the Same. COUNCIL ACTION: TIM YANTOS Deputy County Administrator Direct #323-5692 CO UNTY OF ANOKA Office of County Administration GOVERNMENT CENTER 2100 3rd Avenue · Anoka, Minnesota 55303-2489 (612) 323-5680 June 23, 19 Z.~ ~.~ ,; ~2 ~ITYOFu~ ~ . MEMO TO: FROM: SUBJECT: Members of the Southern Anoka County Community Consortium (SACCC) Tim Yantos, Deputy County Administraior/~l" ( .~(~/w~ '~ Joint Powers Agreement ~ Please find attached the June 20, 1995 revised Joint Powers Agreement. The SACCC, at its June 6, 1995 meeting, recommended approval of this Joint Powers Agreement with the following two clarifications: It appears that not all SACCC entities' existing insurance policies will cover their participation in the Joint Powers Agreement. Therefore, Article IV, Section 12, allows for the purchase of insurance if deemed necessary. We are moving forward to develop the necessary liability insurance to cover all entities participating in the Joint Powers Agreement and the related SACCC activities. The cost is estimated at approximately $300 to $400 annually. Funding for insurance is available in the current budget. Article IV, Section 5, was revised to state that the Board shall annually appoint a fiscal agent from among its members to sign orders, checks and drafts. As always, should you have any questions regarding this Joint Powers Agreement, please do not hesitate to contact me. Tim Yantos Attachment FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDD/TTY: 323-5289 Contract No. JOfNT POWERS AGREE~IENT SOUTHERN ANOKA COUNTY CO~EM'L~'ITY CONSORTIU-M "SACCC" 6/20/95 The parties to this Agreement are Anoka County, City of Columbia Heights, City of Fridley, City of Hilltop, Independent School District No. 13, Independent School District No. 14, all of which are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59. ARTICLE I. GENERAL PURPOSE The general purpose of this Agreement is to create an organization to be known as the Southern Anoka County Community Consortium ("SACCC") through which the parties may jointly and cooperatively coordinate the delivery of services, maximize the use of resources, avoid redundancies, encourage public-private community partnerships, and develop and fund programs to promote the general community health and welfare in the territory of the cities herein. ARTICLE II. PARTIES Section 1. The governmental units eligible to become parties to this Agreement are Anoka County, City of Columbia Heights, City of Fridley, City of Hilltop, Independent School District No. 13, Independent School District No. 14, and such other governmental units sharing cOmmon concerns and designated by the Board from time to time. Section 2. Any eligible governmental unit desiring to enter into this Agreement may do so by the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the Agreement, together with a certified copy of the authorizing resolution or other action, with the Board of Directors. The resolution authorizing the execution of the Agreement shall also designate the first directors and alternate director. ARTICLE [II. BOARD OF DIRECTORS Section 1. The governing and policy-making responsibilities of SACCC shall be vested in its Board of Directors, which shall control its property, be responsible for its finances, and direct its affairs. Each party shall be entitled to two directors who shall have one vote each. Section 2. Each party shall also be entitled to one alternate director who shall be entitled to attend meetings of the Board and may vote in the absence of the party's director. Section 3. Directors and alternate directors shall be appointed by the governing body of each party. Directors and alternates shall serve without compensation from SACCC, but may be paid expenses for attendance at meetings of, or on behalf of, the Board. A party may provide compensation for its director or alternate director if such compensation is authorized by such governmental unit and by law. Section 4. There shall be no voting by proxy, but all votes must be cast in person at Board meetings by the director or alternate director. Section 5. Directors and alternate directors shall be appointed to serve until their successors are appointed and qualified. Section 6. When the governing body of a party appoints a director or alternate director, it shall give notice of such appointment to the SACCC in writing. Section. 7. Any director or alternate director shall serve at the pleasure of the governing body of the appointing party. Section 8. A majority of the votes attributable to the parties shall constitute a quorum of the Board. -2- Section 9. The Board by majority vote may designate ex-officio members who shall be entitled to attend and participate in Board meetings, but shall not be entitled to vote. Such ex-officio members shall serve for a term of two years, and may be re-appointed. ARTICLE IV. POWERS AND DUTIES OF THE BOARD Section 1. The powers and duties of the Board shall include the powers set forth in this Article. Section 2. It may employ a person to act as Executive Director of the Board and may employ such other persons as it deems necessary to accomplish the purposes of this Agreement, to carry out its responsibilities, or to effectuate its powers. Any such persons may be employed on a full-time, p .art-time, or consulting basis, as the Board may determine. Section 3. It may make such contracts as the Board deems necessary and advisable to make effective any power to be exercised by the Board pursuant to the provisions of this Agreement. Section 4. It may provide for any of its employees to be members of the Public Employees Retirement Association and may make any required employer contribution to that organization and any other employer contributions which municipalities are authorized or required by law to make. Section 5. It shall establish an annual budget. It may invest or reinvest funds not needed for current operating expenses, if any, in the manner applicable by law to cities. It shall not at any time incur obligations in excess of funds then available to it. Organization funds may be expended by the Board in accordance with procedure established by laws for the expenditure of funds by the members hereto. The Board, annually, shall appoint a fiscal -3- agent from among its members to sign orders, checks and dratks. Other legal instruments shall be executed on behalf of the Boa.rd by the chair and vice-chair. Section 6. It shall maintain a strict accounting of all funds and report of all receipts and disbursements. It shall make a financial accounting and report to the parties at least once each year and its books and records shall be audited annually and be available for and open to examination by the part/es at all reasonable times. Section 7. It may accept gifts, apply for and use grants of money or other property from the State of Minnesota or any other governmental or private organization and may enter into agreements required in connection therewith and may hold, use, and dispose of such monies or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. Section 8. It may contract or lease for space, materials, services, and supplies with a member party or elsewhere. Contracts let and purchases made shall be in conformance with the requirements applicable to Anoka County. Section 9. It shall have the power to enter into contracts with other agencies, companies, or individuals to provide services according to the terms of such contracts. Section 10. Subject to the limitations contained in Minnesota Statutes 466.07, it shall defend and indemnify directors, officers, and employees against claims for damages, costs and expense incurred by any of such persons in connection with any action, suit or proceeding in which such person may be involved by reason of such person's having been a director, officer, or employee. Such defense and indemnification need not be exclusive of other fights to which any such person would otherwise be entitled as a matter of law. -4- Section 11. It may establish annual monetary contributions, and any supplements thereto, from the member governmental units in amounts to be determined by the Board from time to time. Any such proposed annual contributions shall be reported to the member governmental units at least two months prior to the end of SACCC's fiscal year and shall not become effective until the commencement of the ensuing fiscal year. Section 12. It may budget for and purchase insurance against risks which may arise out of the operation of this Agreement, including the actions of the Board of Directors, its officers, directors, employees, and member parties. Section 13. It may exercise any other power necessary and incidental to the implementation of its powers and duties under the provisions of this Agreement. ARTICLE V. MEETINGS - ELECTION PuND DUTIES OF OFFICERS Section 1. At the first meeting of the Board of Directors of SACCC and at the annual meeting of the Board each even-numbered year thereafter, the Board shall elect from its members a chair and vice-chair. New officers shall take office at the adjournment of the annual meeting of the Board at which they are elected. Section 2. A vacancy shall immediately occur in the office of any officer upon resignation, death, or otherwise upon such officer ceasing to be a representative of a governmental unit. Upon vacancy occurring in any office, the Board shall fill such position at its next meeting. Section 3. At the organizational meeting or as soon thereafter as may reasonably be done, the Board shall determine its procedures, including the time, place, frequency and notice of its regular meetings and the manner of calling special meetings. -5- ARTICLE VI. WITHDtL~WAL Section 1. Any member party may at any time give written notice of withdrawal from SACCC. A party withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization shall forfeit its claim to any assets of the organization, including any contributions pursuant to Article IV, Section 11. ARTICLE VII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) aggregate withdrawals of member parties representing more than one-half of the area population occurs, or (b) by a majority vote of all members of the Board. Section 2. Upon dissolution the remaining assets of the organization, after payment of all obligations, shall be distributed among the then existing member parties in proportion to their contributions, as determined by the Board. If there have been no such contributions, the assets of the organization shall be returned to Anoka County. ARTICLE VIII. TER3I The term of this Agreement shall commence on June i, 1.995, and shall continue in full force and effect until December 31, 1.996, unless earlier terminated by the parties pursuant to Article VII of this agreement. This Agreement may be renewed for additional terms of two years each by resolution of all of the governing bodies of the parties hereto, pr/or to the expiration date of this Agreement. ARTICLE IX. EFFECTIVE DATE This Agreement shall become effective upon its execution by the parties hereto. -6- IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed on their behalf. ATTEST: COUNTY OF ANOKA John "Jay" McLinden County Administrator By: Dan Erhart, Chair Anoka Board of Commissioners Date: ATFEST: CITY OF COLUMBIA HEIGHTS By: By: Tide: Date: ATTEST: CITY OF FRIDLEY By: By: Title: Date: ATTEST: CITY OF HILLTOP By: By: Title: Date: ATTEST: ffq-DEPENDENT SCHOOL DISTRICT #13 By: By: Tide: Date: -7- ATTEST: IN'DEPEi'fDENT SCHOOL DISTRICT #14 By: By: Title: Date: -8 - CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: New Business NO. 9 ITEM: Police Weapon Sale and NO. Purchase ~,A, ORIGINATING DEPARTMENT POLICE flu., BY: ~a~d M. Olson DATE: June 21, 1995 CITY MANAGER APPROVAL: DATE:~ The Council previously approved the weapons upgrade for the police department from shotgun to 9mm "MP5" carbines. The very first MP5 acquisition was the result of a trade-in of several old departmental guns and numerous confiscated weapons. This weapon was purchased with the full automatic capability. This machine gun capability, as we recently learned, carries a mandatory training requirement that minimizes liability exposure to the City. The required training is that each officer must requalify a minimum of four times annually with at least 200 rounds of ammunition each. This is quite an expense for a feature we do not need. Without degrading the weapons capability, several options were discussed and researched by our police department firearms staff. The option to replace the trigger mechanism to provide the semi-automatic capability was found to be cost prohibitive. This finding led to the option of selling the entire weapon and repurchasing another with the options suitable for our use. This option became a reality when the Anoka County Sheriff's Office SWAT unit agreed to purchase it from our department for virtually the same as what we originally purchased it for. The Police Department, therefore, requests permission to sell our existing fully automatic MP5 carbine to the Anoka County Sheriff's SWAT unit for $1,000. Receipt of these funds to be added to the police capital outlay existing budget for the repurchase of four semi-automatic MP5 carbines priced at $990 each, totaling $3,960, funding of which would be available. RECOMMENDED MOTION: "Move to authorize the Columbia Heights Police Department to sell their existing fully automatic MP5 carbine to the Anoka County Sheriff's SWAT unit and place received funds with presently available budgeted funds for the purchase of four semi-automatic MP5 carbines from Streicher Guns in Plymouth, Minnesota, for the purchase price of $990/each, totaling $3,960 and that the Mayor and City Manager are authorized to enter into an agreement for same." 95-182 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdcx am Councilmembers DonaM O. Join Bruce G. Nax~ i:ocki Gary h. Petet'~on Robert W. Ruettmmnn City Manager Patrick Henlges MEMO DATE: TO: FROM: JULY 10, 1995 PATRICK HENTGES, CITY MANAGER ..... :~ DON SCHNEIDER, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT RE: CITY COUNCIL AGENDA ITEM~gb_~JAGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA PARK MEDICAL GROUP FOR OPERATION AND MAINTENANCE OF A PARKING RAMP (4011 Van Buren) Mike Hurley, Attorney for Columbia Park Clinic, called and requested that the above referenced matter be tabled until the July 24 City Council meeting. Apparently there are some new personnel at the clinic who wish to further review the agreement before it is approved by the City Council. Please reschedule this item for the July 24 City Council meeting. memo "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA dEIGPTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES CITY OF COLUMBIA HEIGHTS Meeting of: July 10, 1995 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO: 9 COMMUNIT~ DEVELOPMENT APPROVAL ITEM: AGREEMENT BETWEEN CITY OF COLUMBIA BY: uon scnne~oer B HEIGHTS AND COLUMBIA PARK MEDICAL DATE: June 28, 1995 NO: ~ The agreement between the City the Columbia Park Medical Group (Operator) on the Operation and Maintenance of the City owned parking ramp at 4011 Van Buren Street N.E. is currently on a month to month basis in accordance with the terms of the City contract with the Operator (dated December 16, 1985). Due to administrative error, a new agreement (with minor changes) which was negotiated late in 1992 and early 1993 was not presented for formal approval by the City Council. The proposed agreement is retroactive to February 1, 1993. Copies of the proposed new agreement, a noted copy of the agreement with the old wording and the new, and other background information are attached. RECOMMENDED MOTION: Move to approve the Agreement Between the City of Columbia Heights and Columbia park Medical Group for the Operation and Maintenance of a Parking Ramp with the Mayor and City Manager authorized to sign the subject agreement. COUNCIL ACTION: \bt\council.for AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA PARK MEDICAL GROUP FOR THE OPERATION AND MAINTENANCE OF A PARKING RAMP THIS AGREEMENT, made as of the day of February, 1993, between the City of Columbia Heights (hereinafter referred to as the "City"), and Columbia Park Medical Group, P.A., a Minnesota corporation, organized and existing under the laws of the State of Minnesota (hereinafter referred to as the "Operator"); WITNESSETH THAT, in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: Recitals: The City has constructed a 310 stall public parking ramp (the "Parking Ramp") which is owned by the City, and located at 4011 Van Buren. The City desires to contract with the Operator concerning the Operator's management of the Parking Ramp. By means of this Agreement, the City and the Operator desire to set forth their rights and obligations concerning operation and maintenance of the Parking Ramp. The original Agreement for Operation and Maintenance of a Parking Ramp dated December 16, 1985, is terminated by this Agreement. The prior Agreement no longer has any force and effect and this document will control all rights and obligations between the City and the Operator affecting the Parking Ramp. ARTICLE I TERM Section 1.1. Term. The term of this Agreement shall be five (5) years beginning on February 1, 1993, and ending on January 31, 1998 unless said term shall be terminated or extended as provided herein. ARTICLE II OPERATION Section 2.1. Operation in General. The Operator agrees to manage and operate the Parking Ramp in a professional, economical and businesslike manner, reasonably satisfactory at all times to the City in its reasonable discretion. The Operator agrees to accomplish the following, as directed by the City: (a) Provide such operational and maintenance supplies as are reasonably necessary to operate the Parking Ramp. (b) Provide bookkeeping and necessary. accounting functions, if (c) Pay for all utilities, including gas, electricity. water and (d) Maintain all operating equipment and security equipment. (e) repair. Accomplish all reasonably necessary maintenance and (f) Pay for insurance required by Section 5.3. The Operator shall not engage in any other business on the Parking Ramp premises other than to provide such services as may be required to activate inoperative vehicles as requested by a customer of the Parking Ramp. The Operator shall report in writing to the City, within 48 hours after becoming aware thereof, any material damage or injury sustained to persons or property, including the Parking Ramp itself. Section 2.2. Hours. The Operator agrees to operate the Parking Ramp as a public parking ramp available to all members of the public between the hours of at least 6:00 a.m. and 1:00 a.m., every Monday through Sunday excepting state and federal legal holidays, and such additional times as may be necessary to serve the needs of the surrounding business community. Section 2.3. Rates. No fees or parking charges shall be assessed against users of the Parking Ramp unless the City and the Operator shall mutually agree. Section 2.4. Maintenance Obliqations of Operating. The Operator agrees that in the procurement of materials or services for operation and maintenance of the Parking Ramp exceeding Ten Thousand Dollars ($10,000.00), the Operator will follow the competitive bidding requirements of Minnesota Statutes, Section 471.345. The Operator agrees to reasonably maintain the Parking Ramp, the equipment provided by the City and all parts thereof, in good condition and repair and in a safe condition; making all repairs as required by this Agreement thereto, which may be reasonably necessary for this purpose, including but not limited to the following: (a) blocks. Maintain all pavement markings, bumper guards and wheel (b) Supply electric light bulbs and replace worn out bulbs and fuses. -2- (c) Maintain and care for all plantings. (d) Maintain all parking equipment including all gates, barricades, ticket spitters, etc. (e) Maintain the premises in a clean, presentable condition and not allow dirt, paper, or trash of any kind to accumulate upon the premises; and remove snow, ice and other obstructions from the property and from driveways and sidewalks on the Parking Ramp premises. The snow and debris removed shall not be placed upon the public ways or any portion thereof. (f) Make all necessary repairs to the structure, plumbing, elevators, lighting and heating systems in the Parking Ramp except as provided in this Agreement. (g) Maintain and keep in good working order all directional and informational signs located within or on the exterior of the Parking Ramp. In the event any repairs to the structure, plumbing, elevators, lighting and heating systems or maintenance of the Parking Ramp exceed Ten Thousand Dollars ($10,000) for any twelve (12) month period for any specific repair or maintenance project, or in the aggregate of Twenty Thousand Dollars ($20,000) in an twelve (12) month period for all such repair or maintenance projects, then in such event, Operator shall notify the City prior to undertaking completion of such maintenance or repair. The City shall, upon notice of said maintenance or repair project, enter into any contracts for said improvements or repair directly with the contractor providing the services, or undertake the maintenance or repair itself. In the event the City elects to enter into a contract for said improvement and repairs directly with said contractor, then in such event, the City shall pay, pursuant to said contract, the contractor who completes and performs said services pursuant to the contract entered into between the City and said contractor. The City may assess a portion of the cost of said maintenance and repair project against the redevelopment property as defined in that certain Amendment Number One to the Contract for Redevelopment by and between the Housing and Redevelopment Authority in and for the City of Columbia Heights and Columbia Park Properties, dated August 15, 1985, as more specifically identified in Exhibit A to this Agreement. The City shall have the right to direct all reasonable operational and maintenance activities of the Operator hereunder and to retain consultants to supervise and direct Operator in its reasonable maintenance and operation of the Parking Ramp. In the event that the Operator shall fail to comply with any of the aforementioned obligations, the City may, after ten days notice to comply, in addition to other remedies set forth herein, -3- enter upon such premises and take all steps necessary to insure compliance with the above obligations. However, the City shall not enter the Premises if the Operator provides written assurances satisfactory to the City that Operator is taking such action to comply with the aforementioned obligations and that such obligations will be cured within a reasonable period of time. Section 2.5. Finance Procedure. (a) The Operator agrees to set up and maintain accurate records, books and accounts in the manner and form approved by the City in its reasonable discretion; and that personnel authorized by the City shall have the right to audit and examine said records, books and accounts at any time during regular business hours upon reasonable notice to the Operator. The accounts shall reflect, but not be limited to income (if any) and expense accounts and the Operator shall prepare and submit quarterly and annual profit and loss statements, as well as any incidental financial or operating statements, as deemed reasonably necessary by the City or as the normal course of operation shall dictate. All financial records shall be prepared and made available as provided by City and State laws. In the event that audits or examinations disclose shortages, or thefts of any type, the Operator shall reimburse the City for any revenue lost or any customer overcharges, as the City determines. (b) The Operator shall prepare an annual budget for the next calendar year and submit the same to the City by July 1st for the City's next fiscal year. Section 2.6. Annual Statement and Account. The City shall have the right, at its expense, to conduct an annual audit of the operations of the Parking Ramp. Section 2.7. Alterations. The Operator shall make no alterations or additions to said premises and appurtenances without the prior consent of the City. It is expressly agreed that all appurtenances, presently or hereafter located in and upon said Parking Ramp, whether affixed thereto, or not, are and shall remain the property of the City. Section 2.8 Rebate to Operator Prohibited. It is understood that there shall be no rebate to the Operator or its officers or employees of any person of any expenditures representing an operating expense by any person, firm or corporation which has provided goods or services to the Operator, unless such rebate is approved in writing by the City. Section 2.9. Authority to Contract Limited. Ail contracts between the Operator and third parties for services or materials in connection with the operation and maintenance of the Parking Ramp shall be subject to the prior written approval of the City, which approval shall not be unreasonably withheld or unduly delayed. -4- Section 2.10. Damaqe by Operator. The Operator shall maintain or cause its contractors to maintain appropriate insurance and shall use the proceeds from such insurance to repair any damage to the Parking Ramp or equipment therein, caused by the negligent acts or omissions of its employees, agents or contractors. The Operator shall not be directly liable to the City for damage to the Parking Ramp caused by the negligent acts or omissions of its contractors provided such contractors maintain the insurance required by Section 5.3(b) hereof. Section 2.11. Aqreement Not a Tenancy. Nothing in this Agreement shall be construed as creating a tenancy between the City and the Operator; nor shall the Operator be deemed to have the right of occupancy to the premises or any part thereof. ARTICLE III PERSONNEL Section 3.1. Selection. The Operator agrees to secure, furnish, train and pay for personnel as are reasonably necessary to be employed in the successful operation of the Parking Ramp. Any and all employees of the Operator, or other persons while engaged in the performance of any work or services required by the Operator under this Agreement shall be considered employees, agents or contractors of the Operator only, and not employees, agents or contractors of the City or have any contractual relationship with the City; and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota, or other acts on behalf of said employees or other persons while so engaged in any work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Operator subject to the right of reimbursement pursuant to Article IV. Section 3.2. Non-Discrimination. The provisions of all applicable federal, state and local laws and regulations pertaining to discrimination shall be considered a part of this Agreement as if more fully set forth herein. Section 3.3. agrees: Personnel Requlations. The Operator further (a) To furnish prompt, safe, efficient and courteous service adequate to meet all demands for its service at the Parking Ramp. (b) To furnish said service on a fair, equal, and non- discriminatory basis to all users thereof. (c) To maintain a close watch over attendants to insure that they shall discharge their duties in a safe, courteous, and efficient manner to maintain a high standard of safety and service to the public. -5- (d) Neither the Operator nor its employees shall enter or drive any automobile which has been placed upon the premises for the purpose of self-parking. ARTICLE IV COMPENSATION AND REIMBURSEMENTS TO OPERATOR Section 4.1. Operator's Compensation. As compensation for the Operator's services rendered under this Agreement the City shall pay to the Operator a fee of $1500.00 per year payable in installments on January 1, April 1, July 1, and October 1 each year during the term of this Agreement. Section 4.2. Reimbursements of Operating Expenses. The City shall reimburse the Operator for all of its out-of-pocket expenses incurred by the Operator pursuant to this Agreement in the operation and maintenance of the Parking Ramp. The Operator shall submit, along with any request for reimbursement, documentation of its expenditures, which documentation shall be reasonably satisfactory to the City. The City shall reimburse the Operator for the actual costs of Operator's employees' time spent performing maintenance functions at the Parking Ramp. The amount of such compensation shall be equal to the employee's base salary multiplied by 130%. Section 4.3. Time of Payment. Payments to the Operator for Operator's compensation and reimbursements shall be made on each January 1, April 1, July 1, and October 1 during the term of this Agreement. ARTICLE V INDEMNITY, BONDS, INSURANCE Section 5.1. Indemnity. The Operator covenants and agrees to pay subject to all provisions of this Agreement, all damages for injuries to real or personal property of third parties growing out of any negligent act or deed or any omission to act of the Operator or any servant, agent, or employee of the Operator in connection with the operation of the Parking Ramp under this Agreement. The Operator covenants and agrees to defend, indemnify, save, and keep the City harmless against all liabilities, losses, costs (including court and stenographic costs and an amount in reimbursement of attorneys' fees), damages, expenses, causes of action, suits, claims, demands and judgments of any kind or nature whatsoever which may in anywise come against the City for or on account of personal injuries or death, growing out of any negligent act or deed or omission to act on the Operator or any servant, agent or employees of the Operator in connection with the operation of the Parking Ramp under this Agreement. The Operator is not responsible -6- for any portion of liability which may be attributed to the City by any Court of Law. Section 5.2. Fidelity Bond. In the event charges for parking at the Parking Ramp are instituted, the Operator agrees to furnish a fidelity bond indemnifying the City against any dishonest acts of the Operator or any of its employees individually or in collusion with others, which bond shall be in the amount of not less than $5,000.00 for each employee and in a company approved by the City. Section 5.3. Insurance. (a) Operator shall procure and maintain continuously in effect, during the term of this Agreement, insurance of the kind and amount sufficient to cover any liability of the Operator under the Workers' Compensation Act of Minnesota. Such insurance required in this section shall be taken out and maintained in responsible insurance companies in the State of Minnesota. Operator shall furnish the City a policy evidencing such insurance or a certificate or certificates of the respective insurers stating that such insurance is in force and effect. (b) The Operation shall procure and maintain or caused to be procured and maintained continuously in effect, during the term of this Agreement, policies of insurance of the kind and minimum amount as follows: Comprehensive general liability insurance in amounts determined to be desirable by Operator but not less than (a) $500,000 for injury to or death of any one person; (b) $2,000,000 for injuring or deaths arising in any one occurrence; and (c) $2,000,000 for property damage, including damage to the Parking Ramp caused by negligent acts or omissions of the Operator, its agents or contractors in any one occurrence; occurring on the Parking Ramp or arising out of the use thereof, but the policies also may have annual aggregate limits of not less than $2,000,000. The City and Operator both shall be insured parties and each policy shall provide that it may not be cancelled without at least thirty (30) days prior notice to the City and the Operator. ARTICLE VI TERMINATION Section 6.1. Surrender of Premises. Upon termination of this Agreement by lapse of time or otherwise, the Operator shall surrender and turn over possession of the Parking Ramp premises to the City in the same manner and condition as it received the premises, excepting reasonable wear and tear and unrestored casualty damage. Section 6.2. Effect of Default. It is expressly agreed between the parties hereto that in the event: (1) the Parking Ramp is deserted, vacated, or abandoned; or (2) if the Operator shall sell, assign, or pledge this Agreement without the prior written permission of the City; or (3) if default be made in the -7- performance of any of the covenants and agreements to be performed by the Operator; or (4) if the Operator shall fail to comply with any of the statutes, ordinances, rules, orders, regulations or requirements of the federal, state, or city governments which materially effect the operation and maintenance of this Parking Ramp; or (5) if the Operator shall file a petition in bankruptcy; or make an assignment for the benefit of creditors or take advantage of any insolvency act, and any such default described in clauses 3 or 4 shall continue for a period of 10 days after written notice thereof, unless such default is incapable of being cured within said 10 days and the Operator provides written assurances, satisfactory to the City that it is taking actions to cure such default and that the default will be cured as soon as reasonably possible, the City may elect to terminate this Agreement and the term hereof; and in the event the City elects to terminate this lease because of a violation of this section, upon such termination, the Operator shall compensate the City for any losses or damages suffered by reason of such default by the Operator with respect to the operation of this Parking Ramp. Section 6.3. Termination by Operator. The Operator has the right at its sole discretion to terminate this operation and maintenance agreement at any time upon 120 days written notice. Section 6.4. Termination by City. The City shall have the right to terminate this Agreement at any time upon the giving of 120 days written notice to the Operator if the City determines in its sole discretion that it is in the best interests of the City to operate the Parking Ramp itself or to retain a new operator for the Parking Ramp. ARTICLE VII MISCELLANEOUS Section 7.1. Riqhts Cumulative. The rights and remedies hereby created are cumulative, and the use of one remedy shall not be taken to exclude or waive the right to use of another. Section 7.2. Notices. In any case where it is desirable for the City to serve upon the Operator any notice or demand, it shall be sufficient to send a written notice or demand, by certified mail, postage prepaid, addressed to: COLUMBIA PARK MEDICAL GROUP 6401 University Ave, NE, Suite 200 Fridley, MN 55432 Attention: Administration In any case where it is desirable for the Operator to give or serve upon the City any notice or demand, it shall be sufficient to -8- send a written notice or demand, by certified mail, postage prepaid addressed to: CITY OF COLUMBIA HEIGHTS 590-40th Avenue Northeast Columbia Heights, Minnesota 55421 Section 7.3. Compliance with Laws and Ordinances. The Operator agrees to operate said Parking Ramp in compliance with this Agreement and all laws and ordinances of general application in effect or which may hereafter be adopted by and for the City of Columbia Heights. Section 7.4. Assiqnability by Operator. The rights, obligations and duties under this Agreement of the Operator shall not be assigned or transferred in whole or in part without the prior written permission of the City. Section 7.5. Assignability by City. The rights, obligations and duties of the City under this Agreement shall not be assigned or transferred in whole or in part without the prior written consent of the Operator. Section 7.6. ODtion to Renew. The City shall have the option to renew and extend the terms of this Agreement in five (5) 5-year increments, renewable each of the 5 years; such extended term to begin upon the expiration of the term of this Agreement, and all terms, covenants and provisions of this Agreement shall apply to such extended term. If the City shall elect to exercise such option, it shall do so not later than thirty (30) days prior to the expiration of this Agreement. The Operator agrees that the City, at its option, may upon the termination of this Agreement extend this Agreement with the Operator on a negotiated basis, may solicit bids or negotiate with others for such services, or may operate the Parking Ramp with City personnel. The Operator agrees that by entering into this Agreement it obtains no additional rights or privileges in the future regarding the operation of the Parking Ramp and agrees that the City has not waived or abrogated any power or discretion it has regarding the operation of the Parking Ramp upon termination of this Agreement. -9- IN WITNESS WHEREOF, the City and the Operator have caused this Agreement to be executed in their respective names, as of the date first written above. CITY OF COLUMBIA HEIGHTS By Its: Mayor By Its: City Manager COLUMBIA PARK MEDICAL GROUP, P.A. BYl Its: President By. Its STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1993, by and , the and , of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the City. Notary Public -10- /O STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. The foregoing instrument was acknowledged before me this day of , 1993, by and , the and , of Columbia Park Medical Group, P.A., a Minnesota corporation, on behalf of the corporation. Notary Public \mfh\co[umbia. fin -11- // ROBERT A. GUZY BERNARD E. STEFFEN RICHARD A. MERRILL DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON LAWRENCE R. JOHNSON DAVID A. COSSI THOMAS P. MALONE MICHAEL E HURLEY VIRGIL C. HERRICK HERMAN L. TALLE Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northrown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (612) 780-8500 FAX (612) 780-1777 CHARLES M. SEYKORA WILLIAM M. HANSEN DANIEL D. GANTER, JR. BEVERLY K. DODGE CRAIG M. AYERS GREGG V. HEP, RICK JAMES D. HOEFT JOAN M. QUADE SCOTT M. LEPAK ELIZABETH A. SCHADING WILLIAM E HUEFNER ROBERT C. HYNES 1935-1993 Writer's Direct Line (612) 783-5117 June 26, 1995 Mr. Donald Schneider City of Columbia Heights 590 - 40th Avenue NE Columbia Heights, MN 55421 Re: Columbia Park Medical Group Parking Ramp Dear Mr. Schneider: Enclosed please find a redlined copy of the proposed agreement between the City of Columbia Heights and Columbia Park Medical Group. This redlined Agreement represents, to the best of our knowledge, the changes between the original contract and the terms and conditions which were negotiated with the previous City Attorney. I believe the changes are self-explanatory. I have enclosed with this agreement a clean draft of the proposed contract. If the agreement is acceptable, could you please present it to the City Council for its approval. I look forward to your response. cerely, cc: Dr. Spencer Johnson (w/encs) John Mohr (w/encs) Enclosures An Equal Opportunity Employer AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA PARK MEDICAL GROUP FOR THE OPERATION AND MAINTENANCE OF A PARKING RAMP THIS AGREEMENT, made as of the day of ~~, 199~, between the City of Columbia Heights (hereinafter'"'¥'~'f'~'~'~d to as the "City"), and Columbia Park Medical Group, P.A., a Minnesota corporation, organized and existing under the laws of the State of Minnesota (hereinafter referred to as the "Operator"); WITNESSETH THAT, in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: Recitals: ccnstructcd a~'~'~'~'~'~'~'~'~'~'~"~'~'"¥~'~ic parking ramp (the "Parking Ramp") which is owned by the City, and located at 4011 Van Buren. The City desires to contract with the Operator concerning the Operator's management of the Parking Ramp. By means of this Agreement, the City and the Operator desire to set forth their rights and obligations concerning operation and maintenance of the Parking Ramp. The original Agreement for Operation and Maintenance of a Parking Ramp dated December 16, 1985, is terminated by this Agreement. The prior Agreement no longer has any force and effect and this document will control all rights and obligations between the City and the Operator affecting the Parking Ramp. ARTICLE I TERM Section 1.1. Term. The term of this Agreement shall be five (5) years be nning on ....... ~~ 1, 199~i~i,thc.~.~.~.. ~=~c ~ ................. ~ ..................... ~ ...... ~ and en on ~ ........ ~ ~rm shall%e terminated or extended as provided herein. ARTICLE II OPERATION Section 2.1. Operation in General. The Operator agrees to manage and operate the Parking Ramp in a professional, economical and businesslike manner, reasonably satisfactory at all times to the City ::'::: ............... ':: ........ : ~ ............ ~ ~ ~ ...... Operator a~'f'~'~'~'"':':'"~'8":'"'"~"~'~'~'~'~"~'h': :She"':f6i'i6~ih~"~ ...... ~'""d"i'~'~'5'ed by the City: (a) Provide such operational and maintenance supplies as are reasonably necessary to operate the Parking Ramp. (b) Provide bookkeeping and accounting functions, if necessary. (c) Pay for all utilities, including gas, water and electricity. (d) Maintain all operating equipment and security equipment. (e) repair. Accomplish all ~i~:i~:~i~ necessary maintenance and (f) Pay for insurance required by Section 5.3. The Operator shall not engage in any other business on the Parking Ramp premises other than to provide such services as may be required to activate inoperative vehicles as requested by a customer of the Parking Ramp. The Operator shall report in writing to the City, within 48 hours after becoming aware thereof, any material damage or injury sustained to persons or property, including the Parking Ramp itself. Section 2.2. Hours. The Operator agrees to operate the Parking Ramp as a public parking ramp available to all members of the public between the hours of at least 6:00 a.m. and 1:00 a.m., every Monday through Sunday excepting state and federal legal holidays, and such additional times as may be necessary to serve the needs of the surrounding business community. Section 2.3. Rates. No fees or parking charges shall be assessed against users of the Parking Ramp unless the City and the Operator shall mutually agree. Section 2.4. Maintenance Obliqations of Operatinq. The Operator agrees that in the procurement of materials or services for operation and maintenance of the Parking Ramp ....~.,,~.~..~~ ...... ..~..~ ~..~ competitive bidding requirements of Minnesota Statutes, Section 471.345. The Operator agrees to maintain the Parking Ramp, the equipment provided by all parts thereof, in good condition and repair and in a safe condition ~ ~ts ~ ...................... ~ ~ ....... , making all repairs ~!~i~!!~!~i~iiiiiiiii~ii~i~!~!i~!~i~i~!i!i!i!i!!~~!~ thereto, which may be reas~n~b~.~.~.~.~.~.~.~.~.~..~.~~.~6~.~.~?.~uding but not limited to the following: -2- (a) blocks. Maintain all pavement markings, bumper guards and wheel (b) Supply electric light bulbs and replace worn out bulbs and fuses. (c) Maintain and care for all plantings. (d) Maintain all parking equipment including all gates, barricades, ticket spitters, etc. (e) Maintain the premises in a clean, presentable condition and not allow dirt, paper, or trash of any kind to accumulate upon the premises; and remove snow, ice and other obstructions from the property and from driveways and sidewalks on the Parking Ramp premises. The snow and debris removed shall not be placed upon the public ways or any portion thereof. (f) Make all necessary repairs to the structure, plumbing, elevators, lighting and heating systemsii~iii~iiiii~i~'~i~ili~-~i~iiiiiii~i~iiiiiii~!~ :!:i :i :!:~ :i:i :~:~:!:!.... ~:~:~:!:!:!:~:i $!:i:~:!:!:~:!:i:i:i:i:i:i:i:i:i: i:i:i:i:~:~:~:~:~:i:i:~:~:i:i:~:~:~:~:i:i:i:i:i:~:~:i:i:i:~:!:~:!:!:~:!:!~!:!:~:~ :. ::::::::::::::::::::::::::::::::::::::::::::::::::::::: (g) Maintain and keep in good working order all directional and informational signs located within or on the exterior of the Parking Ramp. The City shall have the right to direct all operational and maintenance activities of the Operator hereunder -3- and to retain consultants to supervise and direct Operator in its ~i~i~i~i~ maintenance and operation of the Parking Ramp. In the event that the Operator shall fail to comply with any of the aforementioned obligations, the City may, after fivc ~ ~'~' days notice to comply, ...... ~ in addition to other remedies '~'~ forth herein, enter upon such premises and take all steps necessary to insure compliance with the above obligations. ~:~i~:i~:i~:i::i~!:~iii~i~ Section 2.5. Finance Procedure. (a) The Operator agrees to set up and maintain accurate records, books and accounts in the manner and form approved by the City and that personnel authorized by the~:.:.~.~:~:.:.:.:.~:~:~:~.~:~:.:.:.~.~......`~.~........f.~.~..~...~ audit and examine said records, books and accounts at any time ~~. The accounts shall '"("'f'~'"'"'"'~'~')" and expense accounts and the Operator shall prepare and submit quarterly and annual profit and loss statements, as well as .~.~ ............... ~.~S.~.~.ental financial or operating statements, as deemed ~[~i~ necessary by the City or as the normal course of '~'~'~'i'~'~'"'"'shall dictate. All financial records shall be prepared and made available as provided by City and State laws. In the event that audits or examinations disclose shortages, or thefts of any type, the Operator shall reimburse the City for any revenue lost or any customer overcharges, as the City determines. (b) The Operator shall prepare an annual budget C~y s nex~ f~scal year ............... ~ ....... ~ .. Section 2.6. Annual Statement and Account. The City shall have the right, at its expense, to conduct an annual audit of the operations of the Parking Ramp. Section 2.7. Alterations. The Operator shall make no alterations or additions to said premises and appurtenances without the prior consent of the City. It is expressly agreed that all appurtenances, presently or hereafter located in and upon said Parking Ramp, whether affixed thereto, or not, are and shall remain the property of the City. Section 2.8 Rebate to Operator Prohibited. It is understood that there shall be no rebate to the Operator or its officers or employees ~iiiiiiiiiiiii~!~iiiiiiiiiiiii~i~i~ of any expenditures representing an operating ~'~'~'h'~'~'"'"'"'~'"'"'"'~'~'~- person, firm or corporation which has provided goods or services to the Operator, unless such rebate is approved in writing by the City. -4- Section 2.9. Authority to Contract Limited. Ail contracts between the Operator and third parties for services or materials in connection with the operation and maintenance of the Parking Ramp shall be subject to the prior written approval of the City, which approval shall not be unreasonably withheld or unduly delayed. Section 2.10. Damaqe by Operator. The Operator shall maintain or cause its contractors to maintain appropriate insurance and shall use the proceeds from such insurance to repair any damage to the Parking Ramp or equipment therein, caused by the negligent acts or omissions of its employees, agents or contractors. The Operator shall not be directly liable to the City for damage to the Parking Ramp caused by the negligent acts or omissions of its contractors provided such contractors maintain the insurance required by Section 5.3(b) hereof. Section 2.11. Aqreement Not a Tenancy. Nothing in this Agreement shall be construed as creating a tenancy between the City and the Operator; nor shall the Operator be deemed to have the right of occupancy to the premises or any part thereof. ARTICLE III PERSONNEL Section 3.1. Selection. The Operator agrees to secure, furnish, train and pay for personnel as are reasonably necessary to be employed in the successful operation of the Parking Ramp. Any and all employees of the Operator, or other persons while engaged in the performance of any work or services required by the Operator under this Agreement shall be considered employees, agents or contractors of the Operator only, and not employees, agents or contractors of the City or have any contractual relationship with the City; and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota, or other acts on behalf of said employees or other persons while so engaged in any work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Operator subject to the right of reimbursement pursuant to Article IV. Section 3.2. Non-Discrimination. The provisions of all applicable federal, state and local laws and regulations pertaining to discrimination shall be considered a part of this Agreement as if more fully set forth herein. Section 3.3. agrees: Personnel Requlations. The Operator further (a) To furnish prompt, safe, efficient and courteous service adequate to meet all demands for its service at the Parking Ramp. -5- (b) To furnish said service on a fair, equal, and non- discriminatory basis to all users thereof. (c) To maintain a close watch over attendants to insure that they shall discharge their duties in a safe, courteous, and efficient manner to maintain a high standard of safety and service to the public. (d) Neither the Operator nor its employees shall enter or drive any automobile which has been placed upon the premises for the purpose of self-parking. ARTICLE IV COMPENSATION AND REIMBURSEMENTS TO OPERATOR Section 4.1. Operator's Compensation. As compensation for the Operator's services rendered under this Agreement the City shall pay to the Operator a fee of $1500.00 per year payable in installments on January 1, April 1, July 1, and October 1 each year during the term of this Agreement. Section 4.2. Reimbursements of Operatinq Expenses. The City shall reimburse the Operator for all of its out-of-pocket expenses ~ .......... ~ ~ .............. ~ .......... ~ ncurred the Operator pursuant to this Agreement in the operation and maintenance of the Parking Ramp. The Operator shall submit, along with any request for reimbursement, documentation of its expenditures, which documentation shall be reasonably satisfactory to the City. The City shall reimburse the Operator for the actual costs of Operator's employees' time spent performing maintenance functions at the Parking Ramp. The amount of such compensation shall be equal to the employee's base salary multiplied by 130%. Section 4.3. Time of Payment. Payments to the Operator :~.~:~.~.~.~.:.:.¥~.:.:.~.:.~:~.~..~.~:.:.:.~¥.~:.:....:.:::~.~:~:~:::.:::¥.~::`.:.:.:.:~::::~:6~.~:~::::::~:::::~uri~g the term of this Agreement. ARTICLE V INDEMNITY, BONDS, INSURANCE Section 5.1. Indemnity. The Operator covenants and agrees to pay subject to all provisions of this Agreement, all damages for injuries to real or personal property of third parties growing out of any negligent act or deed or any omission to act of the Operator or any servant, agent, or employee of the Operator in connection with the operation of the Parking Ramp under this Agreement. The Operator covenants and agrees to defend, indemnify, save, and keep the City harmless against all liabilities, losses, costs (including court and stenographic costs and an amount in reimbursement of -6- attorneys' fees) , damages, expenses, causes of action, suits, claims, demands and judgments of any kind or nature whatsoever which may in anywise come against the City for or on account of personal injuries or death, growing out of any negligent act or deed or omission to act on the Operator or any servant, agent or employees of the Operator in connection with the operation of the ki thi Ag i Par ng Ramp under s reement n ========================================================================================== Section 5.2. Fidelity Bond. In the event charges for parking at the Parking Ramp are instituted, the Operator agrees to furnish a fidelity bond indemnifying the City against any dishonest acts of the Operator or any of its employees individually or in collusion with others, which bond shall be in the amount of not less than $5,000.00 for each employee and in a company approved by the City. Section 5.3. Insurance. (a) Thc Operator shall procure and maintain continuously in effect, during the term of this Agreement, insurance of the kind and amount sufficient to cover any liability of the Operator under the Workers' Compensation Act of Minnesota. Such insurance required in this section shall be taken out and maintained in responsible insurance companies in the State of Minnesota. Operator shall furnish the City a policy evidencing such insurance or a certificate or certificates of the respective insurers stating that such insurance is in force and effect. (b) The Operation shall procure and maintain or caused to be procured and maintained continuously in effect, during the term of this Agreement, policies of insurance of the kind and minimum amount as follows: Comprehensive general liability insurance in amounts determined to be desirable by Operator but not less than (a) $500,000 for injury to or death of any one person; (b) $2,000,000 for injuring or deaths arising in any one occurrence; and (c) $2,000,000 for property damage, including damage to the Parking Ramp caused by negligent acts or omissions of the Operator, its agents or contractors in any one occurrence; occurring on the Parking Ramp or arising out of the use thereof, but the policies also may have annual aggregate limits of not less than $2,000,000. The City and Operator both shall be insured parties and each policy shall provide that it may not be cancelled without at least thirty (30) days prior notice to the City and the Operator. ARTICLE VI TERMINATION Section 6.1. Surrender of Premises. Upon termination of this Agreement by lapse of time or otherwise, the Operator shall surrender and turn over possession of the Parking Ramp premises to --7-- the City in the same manner and condition as premises, excepting reasonable wear and tear casualty damage. it received the and unrestored Section 6.2. Effect of Default. It is expressly agreed between the parties hereto that in the event: (1) the Parking Ramp is deserted, vacated, or abandoned; or sell, assign, or pledge this Agreement '~'~'~'~'~'~'~'~'""~6:{':'~'~'~'~':'~:'~'~'""~'{h~ covenants and agreements to be performed by the Operator; or (4) if the Operator shall,~.;~ ~..~ ...... ~~..+~ ............. ~ ...... ~, fail to comply with any of the statutes, ordinances, rules, orders, regulations or requirements of the federal, state, or c~ty go ernments ~ ~ ~ w~:::::ma~e~:a:~:~ assignment for the benefit of creditors or take advantage of any insolvency act, and any such default described in clauses 3 or 4 shall continue for a period of ~ 30 ~ days after written notice thereof, unless such default is inca~able of being cured within said ~ 30 ~ ...... ..... days and the Operator provides written assurances, satisfacto~':': to the City that it is taking actions to cure such default and that the default will be cured as soon as reasonably possible, the City may elect to terminate this Agreement and the term hereof; and in the event the City elects to terminate this lease because of a violation of this section, upon such termination, the Operator shall compensate the City for any losses or damages suffered by reason of such default by the Operator Section 6.3. Termination by Operator. The Operator has the :::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::: ~::~:.::::: right ~::~!~::~::~:~::~si~::~::~::~:~:~::s~o~:~e::~i~i~::~:~::~i~isi~e~:~i ~ to terminate this operation and me ~+~ ~"~ '~ ...... 120 a s written notice. Section 6.4. Termination by City. The City shall have the right to terminate this Agreement at any time after t%:c years upon the giving of 120 days written notice to the Operator if the City determines in its sole discretion that it is in the best interests of the City to operate the Parking Ramp itself or to retain a new operator for the Parking Ramp. ARTICLE VII MISCELLANEOUS Section 7.1. Rights Cumulative. The rights and remedies hereby created are cumulative, and the use of one remedy shall not be taken to exclude or waive the right to use of another. Section 7.2. Notices. In any case where it is desirable for the City to serve upon the Operator any notice or demand, it shall -8- 2O be sufficient to send a written notice or demand, by certified mail, postage prepaid, addressed to: COLUMBIA PARK MEDICAL GROUP 6401 University Ave, NE, Suite 200 Fridley, MN 55432 Attention: Administration In any case where it is desirable for the Operator to give or serve upon the City any notice or demand, it shall be sufficient to send a written notice or demand, by certified mail, postage prepaid addressed to: CITY OF COLUMBIA HEIGHTS 590-40th Avenue Northeast Columbia Heights, Minnesota 55421 Section 7.3. Compliance with Laws and Ordinances. The Operator agrees to operate said Parking Ramp in compliance with this Agreement and all laws and ordinances of general application in effect or which may hereafter be adopted by and for the City of Columbia Heights. Section 7.4. Assiqnability by Operator. The rights, obligations and duties under this Agreement of the Operator shall not be assigned or transferred in whole or in part without the prior written permission of the City. Section 7.5. Assignability by City. The rights, obligations and duties of the City under this Agreement shall not be assigned or transferred in whole or in part without the prior written consent of the Operator. Section 7.6. Option to Renew. The City shall have the option to renew and extend the terms of this Agreement in five (5) 5-year increments, renewable each of the 5 years; such extended term to begin upon the expiration of the term of this Agreement, and all terms, covenants and provisions of this Agreement shall apply to such extended term. If the City shall elect to exercise such option, it shall do so not later than thirty (30) days prior to the expiration of this Agreement. The Operator agrees that the City, at its option, may upon the termination of this Agreement extend this Agreement with the Operator on a negotiated basis, may solicit bids or negotiate with others for such services, or may operate the Parking Ramp with City personnel. The Operator agrees that by entering into this Agreement it obtains no additional rights or privileges in the future regarding the operation of the Parking Ramp and agrees that the City has not -9- waived or abrogated any power or discretion it has regarding the operation of the Parking Ramp upon termination of this Agreement. IN WITNESS WHEREOF, the City and the Operator have caused this Agreement to be executed in their respective names, as of the date first written above. CITY OF COLUMBIA HEIGHTS By. Its: Mayor By~ Its: City Manager COLUMBIA PARK MEDICAL GROUP, P.A. By~ Its: President By Its STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. The foregoing instrument was acknowledged before me this day of , 1993, by and , the and , of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the City. Notary Public -10- STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. The foregoing instrument was acknowledged before me this day of , 1993, by and , the and , of Columbia Park Medical Group, P.A., a Minnesota corporation, on behalf of the corporation. \mfh\coLL~bia. ram Notary Public -11- COLUMBIA PaRK CLINIC TEL:612-788-9601 3un 15,95 11:48 No.OlO P.O1 $.15. 1995 11;42 BGS Barns, Ouz¥ & Steffen, Ltd. .-k'I-I~RN~Y$~ AT LAW 400 Nc~rtkrown Financi~l Pla:~ 2~ Coon ~pids Boulevard Minneapolis, MN ~543~-S894 (61~) 7~-8500 FAX (6Il) 780-1777 P. F~t~ TRA~ONZTTAL COVEA P~GE DATE: June 15, 1995 TO: Donald Schneider COMPANY/LOCATION: City of Columbia Haights/HRA COMPANY'S FAX NO.: 782-2801 FROM: Mike Hurley MESSAGEI Pursuant to our telephone conversation, enclosed please find a copy Of correspondence I sent to the previous City at%orney on ~anuary 26, February 2, and March ld of 1993. Enclosed also you will find a copy of ~'ie final Agreement negotiated between the parties. Please let me know if Agreement was ever executed M~ the City of Columbia Heights. am assuming my client never executed =he same and will contac= ~hem to see if ~hey had done e. he same. TOTAL PAGES INCLUDING THIS SHEET: 15 Please notify Annette at 612-780-$500 if all pages ars not received. The information contained in this facsimile message is attorney privileged and confidential information intended only ~or the use of the individual or entity named above, if the reader of tills message is not the intended recipient, or the employee or agent responsible to deliYer it to the intended recipient, you are hereby notified th&t any dissemination, distribution or copying of th/s communication is strlc~ly prohibited. If you have received this communication in error, please immediately notify us by telephone, and return ~/~e original message to us at the above address via the U.S. Postal Service. We will be happy tO reimburse you for t~e pos=age. x Original will NOT follow original will ~ollow cc: Dr. Spencer Johnson (782-B100) wo/encs 06/15/95 11:46 K~N E ~KK:K~ ~N I1~ ] IAItL F. I I~ ffl( [ ~¥ ARt ~ L. I IAI.L BARNA, GUZY & STEFFEN LAW a 612 782 2801 BGS Bama, Guzy & Steffen, Ltd. AI-rOKNE~.'4 AT LAW 400 Northtown Financial Plaza 200 Gxm Rapids l~uk, vard Minnealxdis, MN (612) 7~-8~ FAX (6t2) 7~-1777 N0.573 P002 VIII. uIL [: I IERIU(.X Ilf. gld AN L. TAU.E I'^MELA Id. l l^gl, lS (3 IARId'i'4 M. Si;¥KI. 1RA '~ILLIAM M I IAN.~I-'N DANIEL P. GANTF, R. JR. r,~/ERLY K. IX~X;E GRE(.,'G ¥. I IEKR~.'K JAMF.,q D }K~.FT JOAN ~td. ts,~ JAI ~. ~x'~l'l M. LEI'AK t-,'TEVEN L, ~CKE¥ O~C~NSB. I'ETEK I~RNA January 26, 1993 Mr. John Kalligher Kalina, Wills, Woods, Gisvold & Clark Suite 200 941 Hillwind Road NE Minneapolis MN 55432-5964 Dear Hr. Kalligher: ~nclosed please find a revised draft of the Agreement which we discLtssed. The Agreement is being reviewed by my client for approval. Please let me know if you have any further ~uestions or suggested changes to the document. Sincerely, Michael F. Hurley MFH:set Enclosure cc: Gary VanHouse 06×15×95 11:46 BARNA, GUZY & STEFFEN LAW + 612 ?82 2881 BGS ' Bama, Guzy & Steffen, Ltd. A'FTOKN EY5 AT I.,a,W 400 Northto~vn Financial Plum 200 C~*m Raptds ~mievard Minneapolis, MN 55433 (6t2) 780-8500 FAX (612) 780-t777 N0.573 P003 VIR~JIL C HERRICK HERMAN L. TALLE }"'A M EL^ M L,'H^RL~L~; M. SEYKORA WILL. iAM M, D.'~/tEL P GANTEtL JR. ~EVERL¥ K. ).-x~igs D m'~EFr JO.~N M. QL;.~PE ~:L~TT M LEPAK .~TE", iN L r"F..TER RARN February 2, 1993 let. Jo~nKalligher Kalina, Wills, Woods, Gisvold & Clark Suite 200 941 Hillwind Road NE Minneapolis MN 55432-5964 Parking Ramp Lease Dear John: ~nclosed please find an original and three copies of the agreement between the City of Col-mhia Heights and Columbia Park Medical Group for the operation and maintenance of ~he parking ramp. My client has indicated t_hat ~/~e agreement as modified is acceptable. Please have the appropriate parties from the City execute the same and retur~ it to me for my client's execution. If you have any questions on the same, please contact me. Sincerely, Michael F. Hurley MFH:set Enclosure cc: Gary VanHouse No. ., RO~d~T A. GUZY BF..~NARD~ RICHARD ^. DARgEIJ. A. RIJT~.~ ~ C~WI)F. DAVID A. CO&Sl THOM~ E BGS "' Barna, Ouzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Nor~htown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 7804500 FAX (612) 780-1777 March 16, 1993 ~r. John Kalligher Kallna, Wills, Woods, Gisvold & Clark Suite 200 941 Hillwind Road NW Minneapolis, MN 55432-5964 l~: Parking Ramp Lease Dear John: On February 2, 1993, I sent you the original and three copies of a proposed Agreement between the City of Columbia Heights and Columbia Park Medical Group for the operation and maintenance of a parking ramp. It is my understanding that the Agreement was approved by the City. Would you please let me know if the Agreement has been executed and if so, please send the original of the Agreement to me for execution by my client. If you have any questions, please contact me. Sincerely, Michael F. Hurley l~:FH:set cc: Gary VanHouse CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: New Business NO. 9 ITEM: Cash Donation NO. ~ ORIGINATING DEPARTMENT BY: L'(eo~ard M. Olson DATE: CITY MANAGER APPROVAL: The Police Department with its focus on community policing developed the community picnic concept whereby portions of the community were invited to attend. The second such picnic held at Kordiak Park drew residents from that surrounding area to partake in getting to know each other better and to meet the police officers one on one. This second picnic was very well received and generated a gracious donation of $200 from Elaine Dzubak Villafana and family to the Police Department. This donation is greatly appreciated and will go towards furthering the police community endeavor. RECOMMENDED MOTION: "Move to accept the donation of $200 from Elaine Dzubak Villafana and family of Columbia Heights and deposit this money in the Police Department's Contribution Fund." 95-197 Attachment COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/10/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS TO BY: K. Young ~[f~ NO. RECOAT GARAGE FLOOR AT MUNICIPAL DATE: 6/30/95 DA . SERVICE CENTER ~, ~ The garage floor was last coated in 1992. The area showing the most wear is the drive area. Staff requests authorization to seek bids to recoat the garage floor with priority on the drive area up to the budget amount of $10,000 (701-49950-5120). RECOMMENDED MOTION: Move to authorize staff to seek bids to recoat the garage floor at the Municipal Service Center. KKY:jb 95-411 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/10/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ITEM: AUTHORIZATION 'FO AMEND CONTRACT BY: K. Young~'~Lf~' BY:~~¥~ NO. FOR ENGINEERING SERVICES - DATE: 6/30/95 x,j DA PROJECT #9505 qo ~', On April 24th Council authorized BRW Inc. to provide engineering services for design and construction inspection for installation of emergency vehicle pre-emption equipment at each signalized intersection within the Corporate limit. The contract amount is $23,080.53. Council also requested a cost estimate for providing services for revising the traffic signal systems to split phasing on T.H. 65 at 40th Avenue and 49th Avenue as well as new signal construction on Stinson Blvd. at 39th Ave. The design services would be $9,564.97 and the construction inspection services would be $9,356.29 for a total of $18,921.26. Staff recommends the contract with BRW Inc. be amended to include the proposed signal work. BRW will already be dealing with Mn/DOT and St. Anthony at the, specified T.H. 65 intersections and 37th Ave. and Stinson Blvd., respectively. RECOMMENDED MOTION: Move to amend the contract for Project 9505, Emergency Vehicle Pre-emption with BRW, Inc. to include the addition of split phasing at the intersections of T.H. 65 at 40th Avenue and 49th Avenue and new signal construction at the intersection of Stinson Blvd. and 39th Ave. for a cost not-to-exceed $18,921.26; and, authorize the Mayor and City Manager to enter into an agreement for the same. KKY:jb 95-410 COUNCIL ACTION: June 21, 1995 B RW INC. Planning Transportation Engineering Urban Design Thresher Square 700Third Street So. Minneapolis, MN55415 612/370-0700 Fax 612/370-1378 Denver Milwaukee Minneapolis Orlando Phoenix Portland San Diego Seattle Ms. Kathyjean Young Assistant City Engineer City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 RE: Emergency Vehicle Pre-Emption Additional Services Dear Ms. Young: At our previous meeting, BRW was requested to provide the City with a Scope of Services and a cost proposal for the additional work items listed below: Prepare the plans and specifications and provide construction management services for revising the traffic signal systems at the intersections of TH 65 at 40th Avenue NE and TH 65 at 49th Avenue NE. Prepare the plans and specifications and provide construction management services for the installation of a new traffic signal system at the intersection of Stflnson Boulevard and 39th Avenue. The description of the specific works tasks and the associated staff hour and cost estimates are attached. Please review these documents and if you find them acceptable, we can either incorporate them into our contract attachments or simply add them as a contract amendment. Thank you for providing BRW with this opportunity to continue serving the City of Columbia Heights. Sincerely, BRW, INC. Howard D. Preston, PE Vice President HDP/ch Attachments ~f22.198 CITY OF COLUMBIA HEIGHTS MUNICIPAL PROJECT #9505 ADDENDUM 1 - WORK TASKS (Added) Page 1 of 6 TASK 1.0A - DESIGN PHASE Task 1.lA - Base Plan Sheets Description: Develop base plan sheets for each intersection. Subtasks: · Intersections: TH 65 at 40th Avenue NE, TH 65 at 49th Avenue NE, and Stinson Boulevard at 39th Avenue NE. · Obtain either City, County or Mn/DOT as-builts, aerial photos or GIS files. · Review and identify any additional needs. · Develop intersection layout and wiring diagram base sheets for each intersection. Deliverable: Intersection Layout and Wiring Diagram Base Sheets to be Used in Plan Set Task 1.2A - Preliminary Design Description: Prepare a preliminary intersection layout (approximately 30 percent complete set of plans). Subtasks: · The preliminary intersection layout will document the following features for each intersection: intersection geometry existing utilities mast arm pole and signal head locations handholes and conduit runs detectors pedestrian provisions controller location source of power Submit to City and Mn/DOT for review. · Meet with the City and Mn/DOT staff to discuss the preliminary plans. Deliverables: 30 percent Complete Set of Plans ~2198 1 CITY OF COLUMBIA HEIGHTS MUNICIPAL PROJECT #9505 ADDENDUM 1 - WORK TASKS (Added) Page 2 of 6 Task 1.3A - Final Design Description: Prepare final construction documents in accordance with City and Mn/DOT guidelines and standards. Subtasks: · Prepare a 95 percent complete plan set that documents the following features: title sheet standard signal details intersection layout field wiring diagram mast arm mounted (Type D) sign details special provisions engineers cost estimate Submit to City and Mn/DOT for review. Revise the 95 percent complete plan set based on City and Mn/DOT comments and submit the final construction documents to the City and Mn/DOT for approval. Deliverables: 95 percent Complete Plan Set and Final Construction Documents (Plans, Specifications and Estimate) #22198 2 CITY OF COLUMBIA HEIGHTS MUNICIPAL PROJECT #9505 ADDENDUM 1 - WORK TASKS (Added) Page 3 of 6 TASK 2.0A - CONSTRUCTION MANAGEMENT PHASE Task 2.1A - Bid Tabulation Description: Assist the City staff with the bidding process, from production and distribution of the contract documents, to the recommendation of the award of the project to the lowest responsible bidder. Subtasks: · Assist the City in the preparation of bid and contract documents. · Produce and distribute the contract documents. · Prepare the advertisement, submit to the City for approval, revise as necessary and then publish the advertisement in accordance with City and State guidelines. · Attend the bid opening and receive the bids. · Perform computer tabulation of the bids, review the bids and note any errors or omissions. · Assist City staff in evaluating bids received. · Prepare letter of recommendation for project award and submit to the City. · Prepare and distribute the bid tabulation and thank you letter to unsuccessful bidders. Deliverables: Advertisement, Bid Tabulation, Recommendation Letter, Thank You Letter for Unsuccessful Bidders Task 2.2A - Construction Services Description: Subtasks: Provide construction administration services. · Review and approve shop drawings · Provide on-site inspection and prepare all necessary contract documentation. Estimate of hours for this task is based on the following construction schedule: Four weeks for the installation of a new signal and two weeks for each revision and inspectors will be half time. Answer City and Contractor's questions during construction. ~O-2198 3 CITY OF COLUMBIA HEIGHTS MUNICIPAL PROJECT #9505 ADDENDUM 1 - WORK TASKS (Added) Page 4 of 6 · Deliverables: Approved Shop Drawings, Certification of Completion Task 2.3 - Agency Coordination Description: Subtasks: · Provide required construction staking. Participate in final inspection. Provide certification of completion in accordance specifications. Provide verification of pay estimates. Prepare and Provide as-built records. Staking, Contract Records, Deliverables: Task 2.4 - Project Management Description: Provide project management services monthly invoicing and quality control. Subtasks: · Deliverables: with plans and As-Built Plans, Coordinate with Mn/DOT, County and City Staff during construction phase. Submit shop drawings to agencies for their review and comments · Contact appropriate agency when intersection is under construction. As-Built Drawings Submitted to Appropriate Agency including performance monitoring, Monitor performance by preparing monthly progress reports documenting the work effort by task compared to the staff-hour estimate included in the contract. Document monthly to date progress, note any problems and submit the progress reports to the City. Prepare monthly invoices for work completed and submit to the City for payment. Progress Reports and Invoices ~22198 4 O~~ ~Z~ PAGE 6 OF 6 CITY OF COLUMBIA HEIGHTS EMERGENCY VEHICLE PRE-EMPTION (EVP) MUNICIPAL PROJECT #9505 ADDENDUM 1 - TOTAL COMPENSATION ADDITIONAL TASKS Employee Classification Level 1 - Project Manager Level 2 - Engineer / Inspector Level 3 - Technician Level 4 - Clerical Labor Subtotal Overhead 154.69% Subtotal Fee (12%) Expenses Average i Hourly Rate Hours ~ Amount $34.13 $20.00 $16.15 $12.00 3i $102.39 228: $4,560.00 120i $1,938.00 2! $24.00 353; $6,624.39 $10,247.27 $16,871.66 Mileage $25.00 Postage / Delivery $0.00 Document Production $0.00 Subtotal Expenses TOTAL ESTIMATED COST NOT TO BE EXCEEDED $2,024.60 $25.00 $18,921.26 * Additional Tasks include signal revisions at TH65/40th Avenue and TH65/49th Avenue intersections and a new signal design at the intersection of Stinson Blvd / 39th Avenue Source: BRW, Inc. EVPCOST.WK1 20-Jun-95 CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: New Business NO. q ITEM: Cash Donation NO. ~ ORIGINATING DEPARTMENT BY: ~o~ M. Olson DATE: CITY MANAGER APPROVAL: The Police Department with its focus on community policing developed the community picnic concept whereby portions of the community were invited to attend. The second such picnic held at Kordiak Park drew residents from that surrounding area to partake in getting to know each other better and to meet the police officers one on one. This second picnic was very well received and generated a gracious donation of $200 from Elaine Dzubak Villafana and family to the Police Department. This donation is greatly appreciated and will go towards furthering the police community endeavor. RECOMMENDED MOTION: "Move to accept the donation of $200 from Elaine Dzubak Villafana and family of Columbia Heights and deposit this money in the Police Department's Contribution Fund." 95-197 Attachment COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/10/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS TO BY: K. Young ~ BY ~.E~'- NO. RECOAT GARAGE FLOOR AT MUNICIPAL DATE: 6/30/95 DA . SERVICE CEN'I~R ~. ~ The garage floor was last coated in 1992. The area showing the most wear is the drive area. Staff requests authorization to seek bids to recoat the garage floor with priority on the drive area up to the budget amount of $10,000 (701-49950-5120). RECOMMENDED MOTION: Move to authorize staff to seek bids to recoat the garage floor at the Municipal Service Center. KKY:jb 95-411 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/10/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ITEM: AUTHORIZATIONTOSEEKBIDSFOR BY: K. Youngk~ BY: Q~:~ NO. SIGNMAKEREQUIPMENT q· ~, DATE: 6/30/95 ~ DATE: Staff has budgeted $5,500 in the State Aid Maintenance Fund (212-43190-5180) to purchase sign maker equipment. Information about the equipment is attached. The equipment includes a software package to lay out the sign and then cut the vinyl letters and graphics up to 12" high. The advantages of owning this equipment includes timely and less expensive manufacture of signs. For example, a street name sign blank costs about $5.00; purchase of a lettered street name sign is $25.00. Currently it is impractical to manufacture the signs in-house because cutting and layout of the letters takes up to 1 hour per sign. Other uses for the equipment include specialty signs and stencils. RECOMMENDED MOTION: Move to authorize staff to seek bids for sign maker equipment. KKY:jb 95-409 Attachment COUNCIL ACTION: Affordable Professional Results The PNC-900 is a new tool for the sign maker. It has the advanced features found on the best, selling CAMM-1 models, but is easier to use and to transport and costs less. With the PNC-900, you can... ...Start your own sign making business. ...Add a much needed second dependable vinyl cutter. ...Fashion directories and informational signs. ...Craft impressive sandblasted signs with cut stencils*. Advanced Perfomance, Concentrated in a Compact Size A totally new design makes for a desktop machine that takes up surprisingly little room. But that's not all--this compact body houses outstanding performance with all the attractive- ness and speed you could want. With this impressive throughput and excellent resolu- tion, you get efficient high quality results. Wide Ranging Applications on Scraps, Sheets or Rolls The PNC-900 is designed to accommodate many sizes of vinyl sheets and roils of near unlimited length. It is also possible to cut scraps from larger sheets, thereby reducing waste. Moreover, the ability to cut from roils supports production to even the longest signs and banners. An easily movable origin makes it possible to cut anywhere on the sheet, allowing for cutting of unused areas. Cutting on a Full Variety of Materials-- Your Imagination Is the Only Limit In addition to vinyl, the PNC-900 performs with a range of graphic arts materials, including rubylith and amberlith films used for screen printing. The PNC-900 even cuts sandblasting stencils, reflective vinyls, friskets, and other materials for a wide range of applications*. Your imagination is the only limit to the uses for the PNC-900. Optimized Cutting Performance for Materi- als of Every Type For optimal performance, a slide control lets you vary the down force of the blade to best match the thickness and density of the material being cut. There is even a test cut function that lets you check down force before the actual cutting. Create Point-of-Sale Displays with Pens The cutting blade is easily removed allowir the use of standard plotter pens, which available in 32 colors. This not only lets create items like colorful posters, but lets you use PNC-900 as a pen plotter for design cation before cutting. Automatic Interface Selection Makes Con- nection Simple To ensure ease of use, the PNC-900 cally identifies the data transmission and command language, eliminating tim consuming manual setting. * PNC-900 can cut sandbiasbng stencils of up to maximum 1 00 r~ in thickness The range of suitable materials is determtned material's composition Please consutt your vendor for mcr e d *tails' Compact Dependable Versatility The list of applications for PNC-900 is endless, from the smallest graphics with the finest lettering to the largest signs with the boldest vinyl graphic images. Operations and hookup have been simplified, and it is small enough to fit on any desk. / ...Design T-shirts, caps, clothings with Iron-on transfers. ...Fabricate permanent outdoor banners and signs. ...Cut vivid signs of every type, indoors or out. ...Create permanent vehicle graphics in many colors. The PNC-900--A High-performance Cutting Machine That Anyone Can Use DESKTOP SIGN MAKER MODEL PNC-900 ' · PNC-900 Specifications Friction Feed Type Cutting Plotter Usable Media Maximum Cutting Area ;Mechanical Resolution Software Resolution Cutter/Pen Force External DimensiOns, Environmental Requirements 50 mm- 305 mm (1W16" - 12") wide materials 280 x 24,998 mm (11" x 82' 1/8") parameter setting area 280 x 1,600 mm (11' x 62W16") repeatability guaranteed area 0.05 mm / step; 0.003125 mm / step (micro-step controlled) 0.025 mm / step Whichever the greater value of + 0.2 % or 0.1 mm of moving distance 0.1 mm or less (excl. expansion and contraction of of sheet; provided that sheet travel length is within 1,600 mm (62W16')) Special CAMM-1 blade holder only < option > Water-based fiber-tipped pens (0.3 mm and 0.6 mm), Thick water-based fiber-tipped pens (2.0 mm) 200 mm (77/8") / sec. 30 gf to 200 gf manually selectable with volume control from 18 selection in increments of 10 g 11 times per sec. (one up/down cycle is one time) CAMM-GL]Z[ (Mode 1: compatible with commands for Roland's CAMM-1 series; Mode 2: Compatible with HP-GL) LED: POWER/ERROR, PAUSE, PEN MODE, ROTATE, SET UP Power Switch, Pen Force Slider, DIP Switches SETUP, PAUSE, PEN MODE, ROTATE, TEST, ORIGIN SET, -,, ,-, .!., 1' Parallel (Centronics), Serial (RS-232C) 2 KB (Expandable up to 1 MB) 492 mm x 289 mm x 217 mm (193/8" x 117/16" x 89/16") 8.7 kg (19.2 lb.) 5--40 °C, 35--80 % (non-condensing) 117V / 0.5A, 220--230V / 0.3A, 240V / 0.3A Smoothing, Automatic l/F Selector, Test Cut, Heavy Mode for Thicker Material Origin Point Setting: Variable, Axis Rotation: Possible Cutter off-set Value: 0.25 mm or 0.5 mm '® '-'":/' ~'-~ :':-"?'peration through :"~"- .controls. · Optimizc~:! settings for various sizes and thickn~s of vinyl. · Output for che~k plots and a varie~ of pen applimtions. Roland DIGITAL GROUP PRINTED IN U.S.A AUTHORIZED DEALER: 5480 Parkwood Way Richmond, B.C. V6V 2M4 Tel # 604-270-6186 Fax # 604-270-4858 1961McGaw Avenue I~ine, CA 92714 Tel# 714-975-0560 Fax # 714-975-0569 CITY COUNCIL LETTER MEETING OF: ,}ULY 10, 1995 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO.: 9 FINANCE APPROVAL ITEM: ATTENDANCE OF ASSISTANT BY: JUNE JOHNSTON/ ~ ~"~Y: FINANCE DIRECTOR AT OMB WILLIAM EL~ CIRCULAR A-87 COURSE ON AUGUST 3-4, 1995 DATE: 6/30/95 v ' The Federal Govemment has completely overhauled the cost accounting rules that affect federal grant money administered by state and local governments. On May 17, 1995, the Office of Management and Budget published Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments". The new rules are detailed and complex. The Finance Department is responsible for the accounting of Federal grant monies received by both the City and the Housing and Redevelopment Authority. Neither the City nor the HRA has any staff who are knowledgeable in the area of Federal grant accounting or, in particular, Circular A-87. Management Concepts, Inc. is offering a two-day course designed to provide section by section analysis of the Circular. Participants will learn about requirements, impact, exceptions and ambiguous provisions and practical advice about how to assure that federal programs bear their "fair share" of costs triggered by the presence of a grant award. This course is offered at several locations throughout the country in July-September 1995. The least costly in terms of travel costs is the course in Denver, Colorado, on August 3 and 4, with a total projected cost of $1,100 ($350, registration; $750, travel & lodging). This course has not been budgeted for; however, there are some monies in the Finance Department budget that could be allocated for this. It is staff's recommendation that due to the amount of Federal funding received by the HRA that the cost be divided between HRA and the City Finance Department. RECOMMENDED MOTION: Move to authorize the attendance of June Johnston, Assistant Finance Director, at OMB Circular A-87 Course on August 3 and 4, 1995, and furthermore, that related expenses be reimbursed from the Finance Department and HRA department budgets. JJ:dn 950630B COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS AUTHORIZATION REOUEST FOR CONFERENCES, WORKSHOPS, SCHOOLS AND SEMINARS This completed form must be presented to the City Manager by the Monday preceding the regular Council Meeting fo~ approval of attendance. DATE OF REOUEST: ESTIMATED COST: '7.5~ ~-/ ~-~/ , /~ ~--~ ~' ~ ACCOUNT #: BUDGETED FOR: ~ YES NO SUFFICIENT FUNDS REMAINING: YES NO WHEN: WHERE: HOW WILL THIS ACTIVITY HELP YOU AND/OR YOUR DEPARTMENT? .~,-~ ~ z~~~,. ~ ~-~ .~~_. ~ ~ ~~-~,.. PLEAS~BROCHURES OR INFORMATION RELATED TO THIS EVENT. SIGNATURES: DIVISION HEAD CITY MANAGER DATE IF REQUIRED, APPROVAL BY CITY COUNCIL: DATE Upon approval by the City Manager, or City Council (if applicable), a copy of this form will be submitted to the Finance Department and appropriate Division Head. This form is not a registration form or a request for pre- registration monies. 07/14/92 CITY COUNCIL LETTER Meeting of: July 10, 1995 AGENDA SECTION: New Business NO. 9 ITEM: 1995-96 Animal Control NO. Services Contract ORIGINATING DEPARTMENT BY: Eeonard M. Olson DATE: July 5, 1995 CITY MANAGER APPROVAL: Throughout the years, animal control services have been handled by the Greater Anoka County Humane Society located in Coon Rapids, Minnesota. Occasionally, with the renewal of this contract, other methods and services have been investigated for assurance that the Humane Society is a reasonable market for the needs of Columbia Heights. Casual inquiries have not produced any better or more cost effective method of providing animal control services than that of our present provider. The Humane Society has been a reasonable qualified entity providing the necessary services for animal control. The proposed 1995-1996 contract begins August 1, 1995, and expires July 31, 1996. Costs to participate are based upon per animal fees. 1994 costs were up from 1993 by 38 animals to the fee total of $12,983.67. 1995 costs are anticipated to be raised by 5 per cent, according to the Humane Society Executive Director. Funds for the animal control services are budgeted for in the Police Department. RECOMMENDED MOTION: "Move to authorize the Mayor and City Manager to enter into a contract with the Greater Anoka County Humane Society for animal control/impound services for the contractual period of August 1, 1995 to July 31, 1996, and that funding for the services be provided for by the Police Department budget, 101-42700-3050." 95-198 COUNCIL ACTION: Humane Society 1411 Main Street · Coon Rapids, MN 55448 · (612) 754-1642 For JUNE '29, 1995 DEAR · e, , WE ARE ENCLOSING YOUR 1995-96 CONTRACT FOR ANIMAL CONTROL/IMPOUND SERVICES WITH THE.GREATER ANOKA COUNTY HUMANE SOCIETY. THE CHANGES FROM THE PREVIOUS'YEAR'S CONTRACT ARE AS FOLLOWS: Ii. BASIC SERVICES #2 THE WORDING CLARIFIES THE HOURS IN WHICH THE HUMANE SOCIETY IS AVAILABLE TO PICK UP AND TRANSPORT ANIMALS (1 PM TO 4 PH EACH WEEKDAY AND 1 PM TO 4 PM ON WEEKENDS DEPENDING ON STAFF AVAILABILITY) iV. COMPENSATION #1 THE AMOUNTS OF SPECIFIC FEES HAVE BEEN CHANGED TO REFLECT THE FIGURES PROPOSED IN OUR MAY 16TH LETTER WE WOULD APPRECIATE IT IF YOU WOULD REVIEW THE CONTRACT AND SIGN IT OR CALL WITH ANY QUESTIONS OR CONCERNS. SIGNED CONTRACTS SHOULD BE RETURNED TO US NO LATER THAN AUGUST 1ST. OUR AGENCY POLICY RENEWAL DATE CONTINUES TO BE OCTOBER SO YOUR 1995 COVERAGE IS CURRENTLY IN EFFECT. NEW CERTIFICATES WILL BE MAILED TO YOU iN OCTOBER. THANKS FOR YOUR HELP DURING THIS PAST YEAR. WE LOOK FORWARD TO WORKING WITH YOU ON ANIMAL CONTROL/IMPOUND SERVICES AGAIN IN 1995- 96. SINCERELY, GILES KOBiLKA EXECUTIVE DIRECTOR Humane Society 1411 Main Street · Coon Rapids, MN 55448 · (612) 754-1642 ivOr l.lloxt, without word.~ CONTRACT THiS CONTRACT. MADE AND ENTERED INTO TSIS DAY /~O'- BY AND BETWEEN THE GREATER ANOKA COUNTY HUMANE SOCIETY, 1411 MAIN STREET, COON RAPIDS, MN 55448, HEREINAFTER REFERRED TO AS "HUMANE SOCIETY", AND THE CITY OF C~<~/~ HEREINAFTER REFERRED TO AS "MUNICIPALITY" WHEREAS, WHEREAS, WHEREAS, NOW THEREFORE, THE MUNICIPALITY IS IN NEED OF ANIHAL CONTROL SERVICES; AND THE HUMANE SOCIETY IS QUALIFIED AND WILLING TO PROVIDE SUCH AN ANIMAL CONTROL PROGRAM; AND THE MUNICIPALITY WISHES TO PURCHASE THESE SERVICES FROH THE HUHANE SOCIETY IN ACCORDANCE WiTH THIS CONTRACT; IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AND UNDERSTOOD AS FOLLOWS: I. TERM THE TERM OF THIS CONTRACT SHALL BE FROM , THROUGH , , UNLESS TERMINATED EARLIER AS PROVIDED HEREIN. II. BASIC SERVICES THE HUMANE SOCIETY AGREES TO PROVIDE THE FOLLOWING SERVICES: 1. SHELTER FOR ANIMAL DROP-OFFS ON A 24 HOUR BASIS. PICK UP AND TRANSPORT ANIMALS TO THE SHELTER ON WEEKDAYS FROM 1:00 PM TO 4:00 PM EACH DAY AND ALSO ON WEEKENDS FROM 1:~0 PM TO 4:~0 PM DEPENDING ON STAFF AVAILABILITY. RESPONSES TO REQUESTS FOR PICKUPS AND TRANSPORT WILL BE HANDLED IN THE ORDER IN WHICH THEY ARE RECEIVED AT THE SHELTER. INDIVIDUALS MAKING THE REQUESTS WILL BE ADVISED OF THE APPROXIMATE TIME WHEN PICKUP WILL BE MADE. ANIMAL EXAMINATIONS AND VETERINARY CARE (WITHIN THE SCOPE OF OUR ABILITIES) AS REQUIRED WHENEVER STAFF IS AVAILABLE. 4. BOARDING FOR UP TO FIVE (5) DAYS. 5. EUTHANASIA AND DISPOSAL OF ANIHAL IF REQUIRED. III. IV. 6. COLLECT LICENSE FEES FROM OWNERS WHO RETRIEVE ANIMALS NOT PREVIOUSLY LICENSED· 7 o HANDLE ALL ANIMAL ABUSE/NEGLECT CASES IN THE ANOKA COUNTY AREA IN COOPERATION WiTH MUNICIPAL OFFICIALS WHEN NECESSARY. RESPONSIBILITIES OF THE MUNICIPALITY THE MUNICIPALITY SHALL CALL THE HUMANE SOCIETY FOR PICK-UP OF ANIMALS DURING NORMAL BUSINESS HOURS, AS SPECIFIED ABOVE, OR WILL TRANSPORT THE ANIMALS TO THE SHELTER ON A 24 HOUR BASIS. AFTER NORMAL BUSINESS HOURS, THE MUNICIPALITY SHALL OBTAIN TREATMENT FOR INJURED ANIMALS THAT ARE IN A LIFE-THREATENING CONDITION. THE HUMANE SOCIETY WILL PICK-UP THE ANIMAL AS SOON AS POSSIBLE AFTER TREATMENT. COMPENSATION THE MUNICIPALITY SHALL PAY THE HUMANE SOCIETY THE FOLLOWING FEES: IMPOUND FEE: AN ADMINISTRATIVE CHARGE OF $32.~ PER ANIMAL FOR THE FIRST DAY OF IMPOUND. BOARDING FEE: $10.~ PER DAY, PER ANIMAL, FOR EACH DAY AFTER THE FIRST DAY OF IMPOUND. QUARANTINE FEE: IN ADDITION TO THE REGULAR BOARDING FEE, $5.5~, PER DAY, PER ANIMAL, FOR ALL ANIMALS WHICH MUST BE QUARANTINED. TRANSPORTATION FEE: ATTACHED SHEET. FLAT CHARGE PER CITY. SEE E VET SERVICES FEE: ~3~.~ PER HOUR. F. EUTHANASIA FEE: $.35 PER POUND DISPOSAL G. VACCINATION FEE: $3.00 PER ANIMAL H. EUTHANASIA SOLUTION FEE: 1 CC $3.8~ EACH ADDITIONAL .5CC PLUS .~8. 2. LICENSE FEES SHALL BE TURNED OVER TO THE MUNICIPALITY. 3. THE MUNICIPALITY WILL NOT BE CHARGED THOSE COSTS RECOVERED FROM PET OWNERS. ,] CHA:~G~.,~ FOR SERVICES. SHALL BE PAID HONTHLY OR WITHIN THIRTY (30) DAYS AFTER SUBMISSION OF THE MONTHLY CLAIMS BY THE HUMANE SOCIETY TO THE MUNICIPALITY. V. COMPLIANCE WITH LAWS iN PROVIDING ALL SERVICES PURSUANT TO THIS CONTRACT, THE HUMANE SOCIETY SHALL ABIDE BY ALL STATUTES, ORDINANCES, RULES AND REGULATIONS PERTAINING TO OR REGULATING THE PROVISION OF SUCH SERVICES, INCLUDING THOSE NOW IN EFFECT AND HEREINAFTER ADOPTED. Vi. AUDIT DISCLOSURE AND RETENTION OF RECORDS THE HUMANE SOCIETY AGREES TO MAKE AVAILABLE TO DULY AUTHORIZED REPRESENTATIVES OF THE MUNICIPALITY AND~EITHER THE LEGISLATIVE AUDITOR OR THE STATE AUDITOR~FOR THE PURPOSE OF AUDIT EXAMINATION PURSUANT TO HN. STAT. 16B.~6, ANY BOOKS, DOCUMENTS, PAPERS AND RECORDS OF THE HUMANE SOCIETY THAT ARE PERTINENT TO THE HUMANE SOCIETY'S PROVISION OF SERVICES HEREUNDER. THE HUMANE SOCIETY FURTHER AGREES TO HAINTAIN ALL SUCH REQUIRED RECORDS FOR THREE (3) YEARS AFTER RECEIPT OF FINAL PAYMENT AND THE CLOSING OF ALL OTHER RELATED MATTERS. VII. INSURANCE THE HUMANE SOCIETY SHALL PURCHASE, MAINTAIN IN FULL FORCE AND EFFECT DURING THE TERM OF THIS CONTRACT AND PROVIDE PROOF OF THE FOLLOWING INSURANCE COVERAGE: A. WORKER'S COMPENSATION: COVERAGE AT STATUTORY LIMITS AS PROVIDED BY THE STATE OF MINNESOTA. COMPREHENSIVE GENERAL LIABILITY: COVERAGE SHALL HAVE MINIMUM LIMITS OF $1,ooe,oee PER OCCURRENCE, COMBINED SINGLE LIMIT FOR BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY. BUSINESS AUTO LIABILITY: COVERAGE SHALL HAVE MINIMUM LIMITS OF $5~0,O~ PER OCCURRENCE, COMBINED SINGLE LIMIT OF BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY. THIS SHALL INCLUDE OWNED VEHICLES, HIRED AND NON-OWNED VEHICLES AND EMPLOYEE NON-OWNERSHIP. CURRENT, VALID INSURANCE CERTIFICATES MEETING THE REQUIREMENTS HEREIN IDENTIFIED SHALL BE FILED WITH THE MUNICIPALITY BEFORE THE SIGNING OF THIS CONTRACT. ALL POLICIES SHALL PROVIDE, AND THE CERTIFICATES ISSUED SHALL EVIDENCE, THAT THE MUNICIPALITY WILL BE NOTIFIED IN WRITING AT LEAST THIRTY (3~) DAYS PRIOR TO CANCELLATION OR MODIFICATION OF COVERAGE. VIIi. EARLY TERMINATION IX. THiS CONTRACT MAY BE TERMINATED BY EITHER PARTY, WITH OR WITHOUT CAUSE, UPON THIRTY (30) DAYS WRITTEN NOTICE, DELIVERD BY MAIL OR IN PERSON, TO THE OTHER PARTY. FOR PURPOSES OF SUCH NOTICE, THE ADDRESSES OF THE HUMANE SOCIETY AND MUNICIPALITY ARE AS FOLLOWS: GILES KOBILKA, EXECUTIVE DIRECTOR GREATER ANOKA COUNTY HUMANE SOCIETY 1411 HAIN STREET COON RAPIDS MN 55448 CITY CLERK/MANAGER: CITY OF: MODIFICATIONS ANY MATERIAL ALTERATIONS. MODIFICATIONS OR VARIATIONS OF THE TERMS OF THIS CONTRACT SHALL BE VALID AND ENFORCEABLE ONLY WHEN THEY HAVE BEEN REDUCED TO WRITING AS AN AMENDMENT AND SIGNED BY THE PARTIES. ENTIRE AGREEMENT IT IS UNDERSTOOD AND AGREED BY THE PARTIES THAT THE ENTIRE AGREEMENT OF THE PARTIES IS CONTAINED HEREIN AND THAT THE CONTRACT SUPERCEDES ALL ORAL AGREEMENTS AND NEGOTIATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AS WELL AS ANY PREVIOUS AGREEMENTS PRESENTLY IN EFFECT BETWEEN THE HUMANE SOCIETY AND THE MUNICIPALITY. THE PARTIES HERETO REVOKE ANY PRIOR ORAL OR WRITTEN AGREEMENTS BETWEEN THEMSELVES AND AGREE THAT THIS CONTRACT IS THE ONLY AND COMPLETE AGREEMENT REGARDING THE SUBJECT HEREOF. HUMANE ~C If~T Y DATE: ~Y~A~'~ CITY OF BY: TITLE: BY: TITLE: DATE: Humane Society 1411 Main Street · Coon Rapids, MN 55448 · (612) 754-1642 Fur tho,~;e r.'ilJIot,l! g'ord,5 EUTH SOLUTION FEE iCC - 1.5CC - 3 89 2CC - 3 96 2.5CC - 4 3CC - 4 18 3.5CC - 4 17 4CC - 4 24 4.5CC - 4 31 5CC - 4 38 5.5CC - 4 45 6CC - 4 52 6.5CC - 4 59 7CC - 4 66 7.5CC - 4 73 gCC - 8.5CC - 4 87 9CC - 4 94 9.5CC - 5 ~1 18CC - 5 ~8 lO 5CC- 5 15 ilCC - 5 oo 11 5CC- 5 29 12CC - 5 36 12 5CC- 5 43 13CC - 5 50 13 5CC- 5 57 14CC - 5 64 14.5CC- 5 71 15CC - 5 78 15 5CC- 5 85 0,?~-e5 Nn°~ 0o00~ Humane Society 1411 Main Street · Coon Rapids, MN 55448 · (612) 754-1642 without words WEIGHT/EUTH SOLUTION FEE 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 3 le - 3 12 - 4 15 - 5 16 - 5 28 - 7 25 - S 3e - 35 - 12 48 - 14 45 - 15 35 7e 1 4e 1 75 2 le 2 45 2 Se 15 5e 85 25 6e 75 58 25 ee 75 5e 55 - 19.25 60 - 21.Oe 65 - 22 75 7e - 24 50 75 - 26 25 80 - 28 Oe 85 - 29 75 90 - 31 50 95 - 33 25 lee - 35 eO les - 36 75 lle - 38 5e 115 - 40 25 125 - 43 75 13e - 45 5e 135 - 47 25 148 - 49 ee 145 - 50 75 150 - 52 50 Humane Society 1411 Main Street · Coon' Rapids, MN 55448 · (612) 754-1642 fur ,'hoxe wt~JlOIll SUblMARY OF 1994 ANIMAL CONTROL SERVICE FEES BILLED BY GREATER ANOKA COUNTY HUMANE SOCIETY CITY: COLUMBIA HEIGHTS RECAP REFLECTS TOTAL BILLINGS AND ANIMALS FOR JANUARY 1 1994 THROUGH DECEMBER 31, 1994. ' TOTAL NUHBER OF ANIMALS: DOGS: CATS: OTHERS: 185 85 99 1 50 59 76 BREAKDOWN CLAIMED: ADOPTED: EUTHANIZED: 27 32 41 TOTAL BILLINGS 1994: $12,983.67 CITY COUNCIL LETTER Meeting of: 7/10/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ,\ ITEM: AWARD OF SELF-POWERED LAWN SWEEPER BY: L. McClanahan ~3~: ~~"-TE'''?''''D'''~' NO' i~ e DATE: 7/3/95 . On February 21, 1995, the Council authorized staff to seek bids for a self-powered lawn sweeper using tractor #283 as a trade-in. Bids were opened on March 30, 1995. Bid forms were sent to four companies with only one company responding. MTI Distributing submitted a total bid of $7,113.13. The bid tabulation is attached. At the meeting of May 30,1 995, the City Council tabled the purchase of the self-powered turf sweeper and directed staff to seek informal quotations on similar types of equipment. The general feeling of the Council was that even though the turf sweeper is a specialized piece of equipment, approval of a single bid without any cost comparison would be inappropriate. Several companies were contacted and the cost comparison information is attached. RECOMMENDED MOTION: Move to award the bid for a new self-propelled, high dump turf sweeper to MTI Distributing the low, qualified, responsible bidder in the amount of $7,113.13 to be paid from the Capital Equipment Fund; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. LMcC:bmm 95-413 COUNCIL ACTION: uJZUJ I-<~ 0~ o ITl z~ ~©- z - ~ · . m -~-~ -~.~ rna0o ~_~o o ~ "r' >q mzm ~c O~ ' ~ ~m ~m CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PATRICK HENTGES, CITY MANAGER JULY 7, 1995 CITY MANAGER'S REPORT REGULAR COUNCIL MEETING OF JULY 10, 1995 1) OPERATIONAL REPORTS Attached please find operational reports from each department outlining activities from the month of June. 2) SHARED RIDE REPORT Attached is the Shared Ride Report through May, 1995. 3) PROCEDURES AND DECORUM CHANGES FOR COUNCIL MEETINGS As per previous work session discussion, City Staff has prepared a draft "Bylaws of Procedures and Decorum for City Council Meetings". The draft will be forwarded this week to the City Council for your review and discussion at a future work session. 4) BOARD AND COMMISSION DISPOSITION The Council recently received the resignation of Walter Walburg from the Insurance Commission. The status of the Insurance Commission along with Science and Technology and Merit Commission should be evaluated over the next few months to determine their ongoing purpose and role in the citizen advisory process. 5) NEI GYM RENTAL Attached please find information from Randy Quale concerning NEI notification of gym rental fees. It is recommended that NEI officials be invited to a future work session to further discuss their proposal. 6) MHFA GRANT PROGRAMS The City has received notification of the August 24, 1995, deadline for MHFA Housing Grant/Loan Programs. City Staff is preparing a number of grant scenarios to present to the City Council at a future work session. The housing study along with the consultant's analysis of multi-family and neighborhood revitalization programs will be presented at that time. On a related item, City officials met with Anoka County and their housing consultant to discuss possible uses of a county-wide HRA levy for localized housing programs. It appears that the levy if approved in the individual cities would be used for either the development of additional senior rental housing opportunities or single family housing rehabilitation. As the Council may recall, the County HRA can only levy approximately $72,000 in Columbia Heights with approval and consent of the City. This levy would be in addition to any levy that our current HRA would levy. The county levy concept is currently being discussed by a group of policy makers/City Council/HRA commissioners from the individual Anoka County cities. HRA Commissioner Bruce Nawrocki represents Columbia Heights. Additionally, the Anoka County HRA is working with a group of staff from Anoka County cities of which I represent the City of Columbia Heights. 7) POLICE CHIEF APPOINTMENT PROCESS STATUS Forty-four applications were received by the Civil Service Commission for the Police Chief appointment. Civil Service Commission has pre-screened the applicants to fifteen semi-finalists who will take the written in-basket exam on Saturday, July 15. That group will be narrowed to seven or eight finalists who will be administered an oral interview by a board consisting of the Civil Service Commissioners, an outside City Manager, and two law enforcement administrators. It is hoped that after initial reference screening, the Mayor will receive a certified list of three candidates for appointment by August 12th. The Civil Service Commission has asked that the Mayor further interview the three final candidates and conduct an additional background check. 8) ANOKA COUNTY POLICE RANGE If you are interested in touring the Anoka County police range, please contact Leonard Olson. He is in the process of arranging a departmental shoot, whereby the Councilmembers can tour the range and review the shooting demonstration. 9) JUVENILE JUSTICE GRANT APPLICATION Attached please find notification that the City did not receive our Juvenile Justice Grant to fund a juvenile diversion program. Though we were not successful in this application, we have undertaken the first juvenile diversion effort under the guidance of Acting Chief Olson and Sgt. Bill Roddy. We expect this program to be a key component in swiftly addressing problems with first t/me juvenile offenders. Though we were not successful in this grant, a joint application submitted by Southern Anoka County Community Consortium has made the final cut. This grant will further support Fridley's juvenile curfew program and could lead to setting up another satellite operation in Columbia Heights. If this grant is funded, it could greatly reduce the City's cash participation or Fridley's 1996 program. 10) LABOR CONTRACT SETTLEMENTS Tentative settlements of the 1995-96 Labor Agreements have been reached with the Police Officers, Police Sergeants, and Fire Fighters. Wage and fringe benefit adjustments are consistent with those for other employees for 1995-96. These items will be placed on the July 24th Council Meeting agenda for approval and council ratification of the contracts. 11) REPORTS, CORRESPONDENCE, AND INFORMATION Attached please find the following: Rice Creek Watershed District Report of 1994 Activities 1995 Law Summaries. cb 95/53 COLUMBIA HEIGHTS PUBLIC LIBRARY b20 - 40lb AVENUE bi. PHONE: (6'12) 782-280'.; FAX: (6-12) 762-2804 TO: FROM: Patrick Hentges, City Manager M. Rebecca Loader, Library Directo~tC~ -'"; SUBJECT: DATE: June operational report June 30, 1995 C!?'¥ OF C.-'.~LLi~::~!~, HEIGHTS I. Significant Accomplishments A. The Board met on 6/6 with 4 members present. B. The Friends met on 6/7 with 14 members present to sort books. C. Saturday hours changed 6/10 to 10 a.m.-2 p.m. for the summer months. D. Senior Citizen Filmtime on 6/14 drew 27 people. E. The Tuesday Special on 6/20 was a pet show which drew 53 children and 27 adults. F. Funtime on 6/22 drew 43 children and 12 adults. G. The Tuesday Special on 6/27 was a super8mm film festival and drew 115 children and 21 adults. H. Funtime on 6/29 had 38 children and 12 adults in attendance. I. 434 children are registered in summer reading club, "Amazing Library Kids." II. Departmental Goals A. Jeanine participated in a cable shoot on 6/1. B. Becky participated in a budget meeting with the City Manager and Finance Director on 6/2. C. The camcorder circulated 9 times in June. D. 6/3 was the last day of work for Thomas O'Connor, Library Supervisor. Thomas had worked for the library for seven years. He moved to Arizona to pursue a new career. E. Public Works completed the work in the library's backyard. F. The tile in the mainfloor lobby was replaced on 6/7. G. Becky attended a meeting on 6/8 on online magazine indexing. H. The annual booksale was held 6/8 & 6/9 and was a success. I. The library's computer network was installed 6/12 by the City's MIS Coordinator. J. The graduating page breakfast was held 6/13 to honor graduate Heather Cook. K. Jeanine attended a filing meeting field trip in Maple Grove on 6/15. L. Becky attended the public service meeting on 6/15 held at the Anoka Public Library. M. The Library Board and staff participated in the Jamboree parade on 6/23. 15 riders and marchers (and 2 dogs) represented the library to the cheering crowds. Everyone appreciated the positive response received from the spectators. Approximately 4,000 library stickers were given out on the parade route. N. Kelly celebrated her third anniversary at the library on 6/1. III. Issues and Problems A. The roof leaked on 6/6, 6/12, 6/26, and 6/28. Firestone and Ail Systems Roofing have been notified. B. On 6/15 the main floor security system panel by the back door was knocked over. No damage was sustained by the unit and Public Works was able to re-attach it to the floor. ~ recycled paper Circulation Adult Juvenile Work days Circulation Adult Juvenile Work days 1994 6330 5405 11735 25 1994 6089 4812 10901 25 1995 n/a 11190 24 1995 5884 5103 10987 26 April LIBGIS Reference Dir. A Dir. B Work days LIBGIS Reference Dir. A Dir. B Work days Library June, 1995 report p.2 1994 1995 2434 2694 494 925 62 96 25 24 1994 1995 2473 2390 351 268 119 101 25 26 TO: FROM: RE: DATE: City of Columbia Heights Recreation Department Patrick Hentges, City Manager Randy Quale, Recreation Director Operational Report, June 1-31, 1995 July 3, 1995 Administration Silver Lake beach opened on June 9 for the summer. Signs detailing the no lifeguard policy were installed and a chemical toilet was rented for thc beach. A pay telephone should be installed on the beach building exterior in the near future. Preparations are being made fo]' the Minnesota State Soap Box Derby, which will be held on Saturday, July 8 on 46th St. NE (adjacent to Keyes Park). Work continues on forming the Colulnbia Heights/lSD #13 Basketball Boosters Association. Hopefully, they will be opening their own checking account in the near future. Planning continues for the Core Values program. A kick off for this program is slated for the week of September 18. Recreation Director met with the H.B. Fuller Community Volunteer Committee to discuss volunteer opportunities for the Project Pride program. Recreation Director met with the Anoka County Parks and Recreation Director to discuss cooperative facility programming and planning. 7. Park & Recreation Commission meeting held on June 28. Regularly scheduled Recreation Department staff meetings begun (on 1 st & 3rd Tuesdays of each month at 9:30 a.m.) Bo Recreation 1. Youth baseball, youth softball and adult softball programs continue their seasons. 2. Camp Height summer youth program started. Activities included trips to Library, Public Works, Fire & Police Departments. There was also a tclmis skills demonstration by a representative of the Northwest Tennis Association. Page Two Operational Repon- June 1-31, 1995 Play at Park program started. Five park locations are staffed per week (one park each morning of the week). 4. Summer gymnastics program started at Columbia Heights High School. The summer fireworks display held on Saturday, June 24 at Huset Park in conjunction with thc Lions Club Jamboree was a big success! C. Seniors 44 seniors participated in a trip to Hudson, Wisconsin and a boat trip on the St. Croix River on June 22. 2. The senior boccie ball program continues play at Huset Park. Two trips were taken to thc Chanhassen Dinner Theatre on June 7 & 1(). 86 seniors participated in these trips. 4. A refresher Defensive Driving class was held on Jun 13 with 34 seniors participating. A picnic was held at Sullivan Park on June 23. 17 seniors braved the 90 degree heat and had a great time. A "Make Your Own Sundae" pmty was held in the senior center on June 3(). It was very well received! D. John P. Murzvn Hall In 1995, thirty-four (34) out of fifty-two (52) Fridays and forty-eight (48) out of fifty-two (52) Saturdays are booked, and in 1996, eleven (11) out of fifty-two (52) Fridays and forty-three (43) out of fifty-two Saturdays are booked. 2. An analysis tit' the management of John P. Murzyn Hall is currently being completed. RQ~iln Admi n\()p- Rpt. J u n COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Mayor and City Council Members L/Jard'~lOlson, Acting Police Chief Operational Report, June, 1995 July 5, 1995 I. Events/Accomplishments A. The Fridley Police curfew program became a reality for our officers when we received permission and funding to participate in their program. The first night our officers began the program, we had eleven arrests. B. The week of June 12 was the summer law enforcement training shoot at the Anoka County outdoor range. This training is invaluable for our employees. The Jamboree and parade was the mark of another summer in Columbia Heights, and the review for the community fireworks was high. The parade would have gone unblemished except for a mishap at 40th and Van Buren where a youngster was clipped by another youth riding a bicycle. The child was taken to the hospital with minor injuries. II. Projects/Goals The community policing programs continue to take shape with another community picnic held on June 20. Residents from Sheffield, Mathaire, and Innsbruck neighborhoods were invited for food and fellowship at Kordiak Park. I was pleased with the turnout and the welcome received. The residents who attended were able to meet with police one on one and rekindle friendships with fellow neighbors. I accompanied community police officers to the bi-monthly landlord meeting June 27. It was well attended and we had an opportunity to fully explain the Crime Free Multi-housing Program that is coming off our drawing boards as another segment of community policing. Our officers who are the trainers in this new program, are excited and already preparing for the first sessions to be held throughout the month of September. The Civil Service Commission has completed their testing procedure for the position of police officer. The certified names of the individuals were provided to me. The Mayor and I have scheduled interviews with the candidates to narrow down the pick to fill the open position. I have been in touch with Janet Reno's office in Washington, D.C., as she wants to attend the new "Fast Cops" sweating-in ceremony, if she is available. III. Issues/Problems A. The June crime statistics monthly report will be delayed slightly due to office staff vacation schedules. With the purchase of the "Your Speed Is" device, I have had the unit out at various locations. The summer months and youth activities have made it difficult to get our cadets and speed board unit out as often as it could be. Our community policing staff is working out the details to supplement the placement and operation of the unit. 95-200 Columbia Heights Fire Department To: From: Subject: Date: Pat Hentges, City Manager Charles Kewatt, Fire Chief Operation Report July 5, 1995 Operation Report June 1995 A. Significant Accomplishments 1. Emergency Medical Calls - 123 2. Fire or Good Intent Calls - 27 3. Classification of Alarms Still Alarms - 132 Company Alarms - 12 General Alarms - 6 4. Total Calls for the Month 150 5. Number of Total Calls Billed to Hilltop - 6 6. Training 258 Hours Station-Duty (paid-on-call personnel) 127 Hours Training (all personnel) 7. Structure Fires with Property Loss May 8 . 3856 Quincy Street 8. Mutual Aid- 2 May 15 80-44th Avenue NE . May 21 4720 Central Ave... One-family ........ $25,000 BN Railroad Yard ... Mutual Aid to Fridley St. Anthony to Col Hts Starlite Motel ...... Mutual Aid to Fridley B. Status of Department Goals 1. Inspection Department Status Report Statistics not available at this time; to be compiled for July Operation Report. 2. Five new recruits have started in-house firefighter training. All have been appointed to the Reserve Division. They will complete 72 hours of training before appointment to the Volunteer Division. C. Issues or Problems No Report. CWK:cf 95-138 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 554~2'1-3~87&I. (6'12) 782-2800 Mayor Joseph Sturdcx ant Cuuncilmembers Donald G. Jolly Bruce G. Nax~ rocki Gaf~ l,. Peterson R,o~ert W. Ruettmutnn Cit5 Manager Patrick Hemges DATE: TO: FROM: RE: July 5, 1995 ~i' ~ :.:,i ~l * '~ Pat Hentges, City Manager D~~~~~ Donald R. Schneider, Community eve opment Director MONTHLY REPORT ON COMMUNITY DEVELOPMENT DEPARTMENT ACTIVITIES FOR JUNE BUILDING INSPECTIONS/PERMITS/ZONING/GRANTS: The monthly "Protective attached as Exhibit "A". below. Inspections, Building Permits" report is Reports on grant activities are included PARKVIEW VILLA HOUSING COMPLEX (PVHC): ae The monthly report by Jim Bettendorf, PVHC Manager, is attached as Exhibit "B". Be As of month end all work to be completed by Superior Fire Protection/Riverwoods Development on the Upgrading of Fire Suppression Sprinkler System Project for Parkview Villa North (PVN) was substantially completed. A Change Order is expected to be presented at the July 18 HRA Commissioners meeting on a credit for work on the project. HOUSING REHABILITATION; There are 10 families on the very low income preference waiting list and 17 families on the non-preference waiting list for CDBG Deferred Loan/Grant Program. There are sufficient FY1994 CDBG funds and HRA local matching funds for the HOME Program remaining to complete three or four more rehab projects. FY1995 CDBG/HOME rehabilitation program funds, which are expected to be available shortly, should be adequate to complete about 10 additional rehab projects. Scott McKinney is currently working on 2 deferred loans (grants) through the Minnesota Housing Finance Agency (MHFA) Deferred Loan Program for the next funding phase. He will also receive MHFA training on administering the new phase of Deferred Loans on July 31st. "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNI-i-Y EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVlSICN OF SERVICES HRA MONTHLY REPORT JULY 5, 1995 PAGE 2 CITY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)/HOME PROGRAM: Anoka County is still finalizing the FY1995 CDBG and HOME Programs. Due to a change of control of the programs from Anoka County to the Anoka County HRA there have been delays in getting the contracts out to the communities on the CDBG Program. Alyce Osborne expects the concerns to be resolved shortly and that we should be able to start our FY1995 projects as of July 1. Our FY1995 CDBG is expected to include $120,000 for Neighborhood Revitalization, $118,000(+) for Housing Rehabilitation, and $21,662 for public service grants to SACA, Senior Outreach for Columbia Heights, Alexandra House and Hot Meals for Shut-Ins. Final action on the HOME Program is expected shortly. Under the HOME Program, the city is scheduled to receive $40,000 for renovation of the 4-Plex at 4607 Tyler Street N.E. and $60,000 for purchase of another marginal duplex in the Sheffield Neighborhood and redevelopment of the lot with a single family house for a lower income family. MULTI-USE REDEVELOPMENT PLAN (MURP) PROJECT: Purchase of 3725 5th St. N.E. from the C.P. Rail (Soo Line Railroad) is in process with the City Council approved purchase agreement signed and returned to C.P. Rail. A site survey is underway by Kurth Surveying to determine the exact square footage of the site which is being purchased for $1.50 per square foot. The parcel of approximately 2,498 square feet is included in the property that is expected to be transferred to Metro Assemblies along with the City owned 500 38th Avenue N.E. During July the City Council and HRA Board of Commissioners are scheduled to consider the necessary redevelopment/TIF agreements in regard to the transfer of this property to Robert Barnick (Metro Assemblies). Staff continued work with the City Manager on a possible 30,000 square foot development by Agro-K in the 500 block of 39th Ave. N.E. A redevelopment/TIF agreement on this project may be ready for HRA Board approval on July 18. On June 27 the Planning and Zoning Commission approved a variance on parking required for the project. RENTAL ASSISTANCE PROGRAM: ae Under the Section 8 Rental Assistance Program, we through the Metro HRA, assisted 161 very low income families with rental of decent, safe, and sanitary dwelling units in Columbia Heights and Hilltop through Certificates (119 families) and Vouchers (42 families). During the month work continued on transfer of 18 of the Metro HRA families to the Columbia Heights (CH) program. Staff expects to have the 18 families on the CH program with rent assistance payments made from CH as of August 1, 1995. We have over 209 families (over 114 who are residents of Columbia Heights) who have indicated interest in partici- pating in the CH program. By July 14 staff plans on sending a letter with preliminary application to all interested families. Families will then have 3 weeks in which to respond. A drawing will be held to establish placement on the two previously discussed waiting lists based on federal and local preference. Prior to issusing certificates/vouchers we will review the waiting lists and future action with the HUD Area Office. HRA ~MONTHLY REPORT JULY 5, 1995 PAGE 3 Ce HUD action on the application for 50 additional new units is expected some time this summer. OTHER: MHFA Minnesota City Participation Proqram (MCPP) First Time Home-buyer Program: MHFA, through a new statutory allocation method, has allocated $392,847 (sufficient for six loans) with funds expected to be available to first time homebuyers as of July 25. A brochure and information on the 10 lenders, etc. is being prepared by MHFA and will be furnished to you when received. A copy of the MHFA information on the implementation schedule and amounts of funding are attached as Exhibit "C" to this report. B. Sheffield Neighborhood Redevelopment: (1) As of month end one of the "Target Block" duplexes remain but is ready to be moved. (2) As of month end First Choice Homes had three homes completed (with exception of yard work). Ownership of three of the seven new homes under-construction in the Sheffield Neighbor- hood (6 in Target Block and 1 at 4531 Fill- more) has been transferred to the homebuyers. (3) Kroll House Movers has moved the top half of the duplex at 4555-57 Taylor Street to Osseo. Kroll will be moving the top half of 4501-03 Taylor out of the City during the next few days. The foundations of these duplexes will be removed, lots sold and new single family homes will be built on the sites. (4) The entire duplex at 4642-44 Taylor has been renovated to make it meet current standards. Four-Plex at 4607 Tyler Street: A request for proposals is currently being prepared and bids will be sought for renovations to this building and grounds. It is expected that the costs will be approximately $60,000 with $40,000 of the cost from the HOME Program grant and $20,000 from HRA reserves restricted for use for Community Development purposes. De Sale of City/HRA Owned Lots: At the July 10 City Council meeting, the City Council will be considering disposition of lots at 4612 Taylor Street N.E. to First Choice Homes for $10,100 and 4535 Taylor Street N.E. to Habitat for Humanities for $1.00. The HRA Board of Commissioners will be asked to consider approval of the sale of lots at 4450, 4460, 4470 Buchannan to the Habitat for Humanities for $1 each plus the legal cost of the transfer of the property from the HRA to Habitat. HRA ,MONTHLY REPORT JULY 5, 1995 PAGE 4 Ee Personnel Issues: Jennifer Stoops-Mok~mba was appointed and confirmed by the HRA Board of Commissioners as FSS Coordinator/Occupancy Specialist. During the month, Evie Nygaard was on sick leave for over two weeks. During her absence, contract inspectors and the City of Fridley Building Inspector assisted in completing necessary inspections and plan reviews. Fe Housinq Study/Commercial-Industrial Building Maintenance Code/Vacant-Abandoned Building Code: Staff is finalizing the City Housing Study and expects to have it complete during the next 2-3 weeks. Staff has gathered data and is in the process of developing a Commercial-Industrial Building Maintenance Code and a Vacant-Abandoned Building Code. Please call us 784-2855 if you have any questions in regard to the above. Enclosure cc: HRA Commissioners Mayor & City Council/City Manager/City Engineer/Building Inspector City Finance Director/City Attorney/P&Z Commission Holmes & Graven (Steve Bubul/Jim Holmes) BRLF Committee Jim Bettendorf~ PVHC FOCUS/Northeaster News Northeast State Bank (Mike Collins); Norwest Bank (Greg Quade); First Banks (Jim Passeri/Kristin Penner) dsmnrpt City of Columbia Heiqhts, Mn. 782-2817 55421 PROTECTIVE INSPECTIONS, BUILDING PERMITS MONTHLY REPORT Be TYPE OF CONSTRUCTION NUMBER OF PERMITS ISSUED 1. Single Family Dwellings 2. Duplexes/Double Bungalow 3. Multiple Dwellings 4. Residential Additions /Remodels 5. Residential Repair/Maint. 6. Residential New Garages 7. New Commerclal/Inst. ConstJ' 8. New Industrial Construction 9. Comm/Inst./Ind. Addnsj/Remodel lO. Comm./Inst./Ind. Repair/Maint. ll. Signs -Permanent 12. Sprinklers 13. Demolitions 14. Retaining Walls 15. Fences 16. Others Permits with two or more classes TOTAL Heating Permits Plumbing Permits Sewer Permits Water Permits TOTAL JUNE JUNE THIS YEAR LAS~ YEAR 1995 1994 TO 'DATE TO DATE 4 0 8 3 - 0 0 O' 0 0 0 0 0 7 7 36 - 35 39 12~ - 1 6 1 10 - o/o o/o Z/O o/0 o o O O 3/oto o7o/o q/1/1 01o/o 0/0/0 5/2/2 1114/2 14/3/3 0 2 lO . 1 0 lfl 7 ~ 2 16 7 - 1, 1 1 4 t 12 3n 1 o t O o ~-4 ~ 21 87 7~ - 24 t 4 95' - 1 i 0 9 - lq i 2 41 ESTIMATED VALUATIONS OF PERMITS ISSUED . . . ...- ..... . ..... 1. Single Family Dwellings 2. Duplexes/Dbl.Bungalow, NEW 3. New Multiple Dwellings 4. Residential Additions/Remodel 5. Residential Malnt./Repair 6. Residential New Garages TOTAL RESIDENTIAL 7. New Commercial/Inst. Const. 8. New Industrial Construction 9. Comm./)nst/Ind. Additions/Remod. lO. Comm./lnst/Ind. Maint./Repairs TOTAL C0MM./INST./IND. ll. Signs - Permanent 12. Sprinklers 13. Retalnlng Walls 14. Demolltlons 15. Fences 16. Others TOTAL GRAND TOTAL VALUATIONS ...... b~.~7. ~00 'j ' O J U7~ '~'/00 ZbO.'Z¢12.- -J , ,O! o o ~ 41,74~ j, 37.440 i 3~2-2q0 172,919 ~ 77,716t 115.477 I ~6.4;0~1 J ~57.214 11,0~7) 70 120 J 11,057 .106~0~2 568,413 j 223,037 J 1,603,138 1~0~6,597 O o 928,0oo o O o o O 78/5oo 0 121.850 0 j 192,929 203-~87 345, 78,5oo ) 192,929 1,253,237 . 345,488 0 t 6,100 23,550 1~,982 - 6,800 ' 0 10,060t 1 ,500 3?000 1 ,~,00 t. O00 9,12~6 ~, ooo 92, ;~72 19- ~oo O O O 0 - 0 10.138 t,Ooo 1 1 7,436 28,238 1 30,482 67,881 66h,349 444,204 2,986,857 1,509,966 June 30, 1995 TO: FROM: SUBJECT: DONALD SCHNEIDER, EXECUTIVE DIRECTOR; HRA THOMAS PAUL, EXEC[1TIVE DIRECI'OR; CREST VIEW COMMISSIONERS; HRA OF COLI]MBIA HEIGHTS BOARD OF DIRECTORS; CREST VIEW n 'T~ ~,' JiM _E_~NDC,,F, PARKVIEW VILLA }{O[;SING MANAGER ' PARKVIEW VILLA MANAGEMENT REPORT O i> PROPERTY I,~SU~.,~ Superior Fire Protection was notified that they would be considered in default if the sprinkler project was not completed by 6/30/95. As of today all work is complete except for the installaiion of pressure reducing disks on all 9 floors, the installation of a tamper warning device on the generator transfer switch, and misc. painting & texturing. The contractor has ordered the warning device and PRD's and is awaiting delivery. The contractor has a~so a<ireed to credit the HRA the amount necessary to correct the paintin~ and texturing work. We are takin~3 bids to repair the domestic hot water heater for Parkview North. Currently water is being heated throuph the bo[ system. Bids for this repair work wil 1 be presented to 'the Board at the July meeti, no'. Due to this repair ~.~e will be canceling the underground la%.~n sprinkler project for 1995. We have been experiencing a numb~-of problems wit. h tl~e Parkview North elevators. The majority of the problems have been intermittent episodes of cars stopping, which have caused persons to be stuck in the elevators. Lagerquist Corp. has been very hands on during this period. We have requested funds from HUD, through the CIAP program, for elevator upgrades/replacements in 1996. OCCUPANCY ISSUES: Parkview North has one vacancy, the prospective tenant is in the verification stage and is looking at an August 1st move in. Parkview South has one vacancy which will be filled by an intra- building relocation. The prospective tenant will be looking at a September move in. Mr. D. Schneider Mr. T. Paul Commissioners, HRA of Columbia Heights Board of Directors, Crest View -2 June 30, 1995 OCCUPANCY ISSUES (Cont.): Waiting list totals are as follows: PARKVIEW VILLA NORTH** 23 CH Residents 43 Non-residents PARKVIEW VILLA SOUTH 40 CH Residents 20 Non-residents *'1995 waiting list update completed. Fifteen rent recertifications were completed covering both Parkview North and South for the month of June. The Parkview South waiting list update forms have been mailed, an update will be completed in July. MISC. I am continuing to work approximately 6 hours/week at the Royce Place Facility. I expect the Dietary Director to return to work full time during the beginning of August. Planning for the 2nd Annual Parkview Resident Picnic will begin in July. We are hoping for a Thursday sometime in August. The Parkview Resident Council voted to change their regular meeting day to the second Tuesday of each month at 7:00 p.m. JB/jeb MINNESOTA HOUSING FINANCE AGENCY DATE: June 27, 1995 TO: FROM: 1995 Mortgage Revenue Bond Allocation Applicants Michael Haley~/~ Director, Minnbsf:)'t~. Homes Division SUBJECT: 1995 Mortgage Revenue Bond Allocation Thank you for your application for an allocation of 1995 mortgage revenue bond authority. Pursuant to Minnesota Statutes § 474A.061, I have attached a list containing the amounts allotted to each applicant and this letter is to serve as your official notification of said allotments. This list is to be forwarded to the Commissioner of the Department of Finance in accordance with the statute. The process for allocating 1995 mortgage revenue bond authority has been significantly different than the process used in past years. Each applicant's final allocation was determined by applying a population-based allocation formula under statutory changes implemented during the past legislative session. Pursuant to the statute, no applicant received more than it requested by application of the population based formula. A minimum allocation of $100,000 was established under the statute. To request its allotment of bond authority from the Commissioner of the Department of Finance, each applicant must submit the specified fees and supporting documentation prescribed under statute. For applicants requesting MHFA to sell bonds on their behalf under the Minnesota City Participation Program, additional information is provided in this letter to enable this to occur. For applicants that plan to sell bonds of their own accord, we recommend that you confer with bond counsel. Should you have any questions regarding the above, please don't hesitate to contact us at (612) 296-7613 if calling from the Twin Cities metropolitan area or 1-800-657-3802 is calling from Greater Minnesota. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Qpportunity Housing and Equal Opportunity Employment Applicant City of Albert Lea Anoka HRA Austin HRA Belle Plaine HRA Bemidji EDA Brainerd HRA Brooklyn Center EDA Brooklyn Park EDA Brown County HRA Buffalo HRA Carver County HRA ~'~lumbia Heights HR~ Crystal EDA Dakota County HRA City of Detroit Lakes City of Duluth Eden Prairie HRA Elbow Lake EDA Elk River HRA Faribault County HRA City of Fregus Falls Fridley HRA City of Glencoe City of Hopkins Hutchinson HRA Lake City EDA LeSueur County HRA Little Falls HRA Mankato HRA City of Maple Grove City of Maple Lake City of Moorhead Morrison County HRA City of Mounds View New Hope EDA Northwest Minnesota Multi-County HRA OImsted County HRA Owatonna HRA City of Perham Plymouth HRA Red Wing HRA Rice County HRA Richfield HRA Robbinsdale EDA City of Sauk Rapids Scott County HRA Original Request Maximum $600,000 $3,000,000 Maximum $500,000 $1,000,000 Maximum Maximum $2,500,000 $2,000,000 $4,000,000 $2,000,000 Maximum $10,000,000 $1,000,000 $4,000,000 $1,000,000 Maximum Maximum $2,500,000 $900,000 $800,000 $750,000 $1,500,000 $740,00O Maximum $2,500,000 $250,000 $1,000,000 $750,000 $300,000 $2,000,000 $250,000 $750,000 $750,000 $2,000,000 $2,500,000 $1,200,000 $400,000 $500,000 $2,000,000 $3,000,000 $1,250,000 Maximum Maximum $4,000,000 Final Allocation $379,635 $361459 $453 308 $100 000 $230 800 $258 776 $589,984 $1,201,866 $564,469 $156,692 $1,090,891 $392,847~ $492,264 $6,175,864 $150,076 $1,765,590 $877,584 $100,000 $256,501 $345,000 $257,804 $584,898 $100,000 $339,231 $247,300 $100,000 $489,948 $154,687 $649,969 $75O,O00 $100,000 $681,047 $25O,O0O $260,761 $449,896 $1,701 491 $2,341 431 $415 675 $1 O0 000 $500 000 $321 759 $1,057,063 $734,829 $297,959 $182,684 $1,262,388 June 8 June 12 July 7 July 8 Implementation Schedule 1995 Minnesota City Participation Program (All dates are approximate) Applications Due Allocations determined by statutory population formula Executed Contracts, 1% Application Deposits and Processing Fees Due to MHFA Fees and Allocation Plan forwarded' to Mn Dept. of Finance July 10 July 20 July 25 Dept. of Finance issues authority to MHFA to complete on behalf issuance of mortgage revenue bonds MHFA completes bond sale to fund 1995 MCPP MHFA forwards marketing materials to participating cities and lenders July 25 July 25 Statewide press release announces program Program begins, funds are made available at all lender locations July 25-- August I Local press releases through newspapers and radio August 31 Deadline for fees from cities receiving an advance from MHFA September 15 November 25 January 25, 1996 Dept. of Finance returns 1% application deposits Individual City allocation period ends, all unused funds are "collapsed" into a single, statewide pool Program ends, final day for borrower loan reservations TO: FROM: PATRICK HENTGES CITY MANAGER KATHYJEAN YOUNG /)/~2 ACTING CITY ENGINEER CITY OF COLUMBIA HEIGHTS Public Works Department SUBJECT: OPERATIONAL REPORT - JUNE DATE: JULY 6, 1995 SIGNIFICANT ACCOMPLISHMENTS General Responded to 105 Gopher State One-Call requests. First inspection of DED trees. Planted shrubs at 590 40th Ave. Prepared for Jamboree and Fireworks. Submitted Optimal Corrosion Control Plan to the Minnesota Department of Health as required by the lead and copper rule. Repaired floor in City Hall basement. Boarded up 3810 3rd St. S&W Installed 1" services on Pierce St., 46th to 47th Ave. (Heritage Heights). Installed a 6" pvc storm line at the Library to keep water out of the basement. Checked outfalls. Installed two water services at Lions Park. Replaced concrete in front of Heights Theater. Sidewalk was removed to repair street lights. Replace sod at 5055 Madison St. Poured a concrete apron at the Library to carry water from the roof drains away from the buildings. Repaired stop box at 4225 Jackson St. Disconnected sewer and water at 675 47th Ave. Disconnected sewer and water at 4555, 4535, 4501 Taylor. New 1" services were installed to the property line by Olson Plumbing. Televised sanitary sewer on Reservoir Blvd., 37th to 39th. Operational Report-June July 6, 1995 Page 2 Streets Parks Repaired fire hydrant at 40th & Jefferson. Richard Gill retired. 30 delinquent account shut offs. Performed monthly sanitary MH check. Installed new thermostat at Argonne Lift Station. Performed fountain maintenance as required. Jetted sanitary sewer line on Hayes, 37th to 40th. Hauled scrap iron to Sam Bloom. Rodded Polk Circle - Polk Place to Central Ave. Installed 24" trash guard at LaBelle Pond. 54 Gopher State One-Call locations. Repaired 6 leaky meters. Installed 5 new meters. Disconnected sewer and water service on Taylor St., 4555, 4535 and 4501. Installed 1" water service to property line on Taylor St., 4555, 4535 and 4501. Collected water samples as required by the State. Completed second round of street sweeping in the watershed areas. Assisted St. Anthony and the Railroad with the installation of a rubberized crossing at 37th & Stinson. Patched holes in Sullivan Pathway. Hauled sweepings and water break spoil to Gallagher's. Repaired utility cuts on Fillmore St. and Pierce St., 46th Ave. to 47th Ave. Patched potholes City-wide. Began second round of general street sweeping. Repaired street damage caused by water breaks. Finished storage area in basement of MSC. Hauled asphalt and concrete spoil to Midwest Asphalt. Received factory training on the operation of the tandem dump truck. Swept downtown area streets on a weekly basis. Graded raw alleys, 41st to 40th between Circle Terrace and Reservoir and 47th to 48th between University and 4th Ave. Removed equipment from the 500 38th Ave. bldg. and cleaned it out in preparation for the sale of the building. Operational Report-June July 6, 1995 Page 3 Installed new playground equipment at Keyes Park. Installed a window in a door at the Police Station. Opened wading pools and performed daily maintenance. Kelly Fetzer started as Maintenance I in the Park Department. Maintained ballfields as required. Performed lawn mowing as required. Collected garbage as required. Added aggregate lime to shrub beds at LaBelle Park. Geese were trapped and removed from LaBelle Park. Engineering Continued work on several projects as follows: Building signs Building accessibility improvements Railroad crossing on Stinson Blvd. Misc. concrete north of 37th Ave. Mill Street. Sidewalk - 44th Ave., Tyler Pl. to Reservoir Blvd. MSC storage yard. Central Avenue improvements. Evaluate Eagle Point Software. Miscellaneous permits, surveys, computer input, drafting and filing. Continued working with City of Fridley on North Corporate Limit storm drainage and Highland Lake Diversion. KKY:jb 95-415 CITY OF COLUMBIA HEIGHTS DATE: TO: FROM: RE: JULY 6TH, 1995 PATRICK HENTGES CITY MANAGER WILLIAM ELRITE FINANCE DIRECTOR OPERATIONAL REPORT JUNE 1995 ACCOMPLISHMENTS: Special Election of June 27th: The special election held on June 27th went very well, and the election results from 7 of the 8 precincts were received prior lo 8:3{) p.m. Precinct #5 apparently encountered some difficulties in closing out at the end of the day, and their results were not available until 9:30 p.m. At this time, I do not have a complete explanation on the problems that were encountered, but I will be pursuing this further, to ensure that the delays are not repeated at the general election on July 1 lth. Special Election of July 1 lth: Preparations are going well for the special general election to be held on July 1 lth. It is anticipated that this will go equally as well as the primary did. Filing for City Council offices: The filings for City Council offices opened on July 5th, and will close at 4:45 p.m. on July 18th. This year, we have significantly modified the filing affidavit, to allow candidates to file without being present in City Hall, and to enable them to file when the City and Deputy Clerk are not present in City Hall. The form and procedures that were used in the past required either the City Clerk or Deputy City Clerk to be present when the candidate filed. This change in procedure and form should make it more efficient for candidates to file for the various positions. I have attached a copy of the new affidavit to this report for your information. WE:ace 9507062 MINNESOTA AFFIDAVIT OF CANDIDACY LOCAL OFFICES (Please print or type) Name (as it will be designated on the ballot): Office Sought (CHOOSE ONE ONLY): [] Mayor [] 2-year Councilmember term 3-year Councilmember term 5-year Councilmember term Legal residence address: Mailing/campaign address: Street ~ddre~s 8trot ~ddr~m City, State, Zip City, State, Z~p Phone Numbers: Home BUmne~s I swear (or affirm) that my name as written above for ballot designation is my true name or the name by which I am commonly and generally known in the community. I am qualified under the constitution and laws of the United States and the State of Minnesota to seek the elective public office indicated above. I am an eligible voter. I will be 21 years of age or more on assuming office. I will have been a resident of the district from which I seek election for at least 30 days before the general election. I have not filed for any other office at this primary election or the next ensuing general election, and that I am a candidate for nomination to the office listed above at the primary election on September 12, 1995. Candidate Signature Date NOTARY PUBLIC faffidavit must be notarized]: Subscribed and sworn before me this day of Notary public or other officer empowered to take and certify acknowledgements. (SF.~,L) My commission in County, State of Minnesota, expires No. RECEIVED OF City of Columbia Heights, Minnesota the sum of for the office of DOLLARS, a fee for filing a Minnesota Affidavit of Candidacy-Local Offices, City Clerk MINNESOTA AFFIDAVIT OF CANDIDACY LOCAL OFFICES (Please print or type) Name (as it will be designated on the ballot): For Off~ Use Oaly Office Sought (CHOOSE ONE ONLY): [] Mayor [] 2-year Councilmember term [] 3-year Councilmember term [] 5-year Councilmember term District Legal residence address: Mailing/campaign address: Street address Street address City, State, Zip City, State, Zip Phone Numbers: Home Business I swear (or affirm) that my name as written above for ballot designation is my true name or the name by which I am commonly and generally known in the community. I am qualified under the constitution and laws of the United States and the State of Minnesota to seek the elective public office indicated above. I am an eligible voter. I will be 21 years of age or more on assuming office. I will have been a resident of the district from which I seek election for at least 30 days before the genera] election. I have not fi]ed for any other office at this primary election or the next ensuing general election, and that I am a candidate for nomination to the office listed above at the primary election on September 12, 1995. Candidate Signature Date NOTARY PUBLIC [affidavit must be notarized].: Subscribed and sworn before me this day of Notary public or other officer empowered to take and certify acknowledgements. My commission in County, State of Minnesota, expires No. City of Columbia Heights, Minnesota ,19 RECEIVED OF the sum of for the office of DOLLARS, a fee for filing a Minnesota Affidavit of Candidacy-Local Offices, City Clerk o ~ ~o R ~ o Walter H. & Ruth M. Walburg 25863 Indian Avenue Chisago City, MN 55013-9783 1-612-462-5997 City of Columbia Heights Patrick Hentges, City Manager 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 JUN 14 1995 MANAGER CITY OF COLUMBIA HEIGHT~, June 13, 1995 Dear Mr. Hentges: I herewith tender my resignation as a member of the Insurance Commission of Columbia Heights, and as its Chair person. I retired from the Insurance business two years ago and am no longer active in the field. After closing my office in the Heights, I moved to Chisago City. I am enjoying retirement here, tending my garden and orchard, and am now spending my winters in Florida. I enjoyed serving the people of Columbia Heights as Insurance Commission Chairman. In the past, there was a very active Commission, especially during the few years of self insurance, however, under the present system the need for the Commission has greatly diminished. Thank you and the city for the opportunity of serving in this position. Sincerely, Walter H. Walburg ~ Chair, Insurance Commiss~ffn MEMO TO: FROM: DATE: SUBJECT: CITY OF COLUMBIA RECREATION HEIGHTS Patrick Hentges, City Manager Randy Quale, Recreation Director June 29, 1995 NEI College of Technology Request for Gym Rental Fees On May 30, 1995 I met with Chuck Dettmann and Harry Wilcox of NEI College of Technology. During this meeting, Mr. Wilcox informed me that starting this fall, NEI intends to charge rental fees for the usage of their gymnasiums. Gym rental fees would be charged to both the City of Columbia Heights and ISD #13 programs. The fees would be used to offset NEI's heating, water, sewer and custodial costs. The proposed fees are $7.90 per hour for the west gym, $4.10 per hour for the east gym, and a $10.00 per day custodial fee. Attached is fee breakdown (provided by NEI) for the heating, water and sewer costs. Based on our previous years' usage, listed below are the Recreation Department's anticipated rental fees for 1995-96: 300 hours use of NEI west gym at $7.90/hour 300 hours use of NEI east gym at $4.10/hour 96 days of use NEI gyms at $10.00/day $2,370.00 1,230.00 960.00 TOTAL RENTAL FEES - $4,560.00 During our meeting, Mr. Dettmann indicated that NEI would be willing to "barter" on the proposed rental fees. Mr. Dettmann mentioned that the rental fees could be reduced or eliminated if the City would provide the following services: 1o Provide snow plowing services for NEI's parking lots. 2. Patch and stripe NEI's parking lots. 3. Provide use of the City's "cherry picker" Restrict parking to one hour in front of NEI on north side of 41st Street. In addition to the gym rental fees, Mr. Wilcox informed me that NEI's gym floors were in need of resurfacing and that NEI would like the City to split the cost with them. Enclosed is a quotation for resurfacing the gym floor totalling $1,054.00. I suggested to Mr. Wilcox that ISD #13 should also be asked to pitch in on the resurfacing cost. Mr. Wilcox told me that he'd consider discussing this with ISD #13. Page - 2 At the end of our meeting, I informed Mr. Dettmann and Mr. Wilcox that I would forward NEI's gym rental fee proposal to the City for consideration. NEI's gym rental fee proposal was discussed at the June 28, 1995 Park and Recreation Commission. While no official action was taken at the Commission meeting, several Commission members expressed their displeasure with NEI's request. Council member Ruettimann instructed me to have the City Manager place this issue on the agenda for an upcoming City Council work session. Council member Ruettimann mentioned that perhaps Mr. Dettmann and Mr. Wilcox should be invited to discuss this issue with the City Council. If you have any questions on this matter please see me. RQ / rq enclosures RQFILES: NEIGYM$.MEM ENERGY CONSERVATION OPPORTUNrrY A METHOD OF ALLOCATING UTILITY USE TO NEI GYMS AND AUDITORIUM March, 1995 1994 Heating Cost: Heatin~ $17,260 Gas + $4,290 Fuel Oil 15 % Adjustment for Current Building Usage Trend $24,782 Bldg. Total/Year 119,000 Total Sq. Ft. 2 Adjustment (Height, Volume, Outside Wall) $.41 Per Sq. Ft./Year to Heat Gyms & Auditorium 1994 Water & Sewer Cost: Water & Sewer x $3,824 Total Building 10 % Allocated to Gyms & Auditorium 15,700 Sq. Ft. Gyms & Auditorium $.024 Per Sq. Ft. Gym & Auditorium Water & Sewer East Gym Allocation: Lights: Heating: Water & Sewer:. TOTAL ALLOCATION: 6 x 250 x $.06 = $.106 $.41 x 4,000 + 434 = $3.78 $.024 x 4,000 + 434 = $.22 = $4.10 Watt Metal Halide (295 Watts Including Ballast) Per KWH Per Hour Per Sq. Foot Sq. Feet Hours Reported used (6-10 P.M.) Per Hour Per Sq. Foot Square Feet Hours Per Hour Per Hour ENERGY CONSERVATION OPPORTUNITY West Gym & Auditorium Allocation: Lights: x Heating: x 24 250 Watts Metal Halide (295 Watts Including Ballast) 300 Watts $.06 Per KWH $.46 Per Hour Water & Sewer:. x $.41 Per Square Foot 11,700 Square Feet 740 Hours Reported Use (3-6, 6-10 P.M.) $6.48 Per Hour Ventilation Fans: x $.024 Per Square Foot 11,700 Square Feet 740 Hours .38 Per Hour 13 Horsepower $.06 Per KWH $.58 Per Hour TOTAL Al J OCATION: $7.90 Per Hour MINNESOTA HOUSING FINANCE AGENCY June 30, 1995 Good Day: Enclosed for your information are the Request for Proposals (RFP) for the following programs: Affordable Rental Investment Fund Community Housing Development Organization Operating Expense Account Program Housing Opportunities for Persons with AIDS · Housing Trust Fund Program · Minnesota Rural and Urban HOMEsteading Program · Publicly Owned Neighborhood Land Trust Program · Targeted HOME Program · Transitional Housing Program These programs are part of the Minnesota Housing Finance Agency's (Agency) Super RFP, in which Requests for Proposals are issued simultaneously with all applications being due on Thursday, August 24, 1995 at 4:30 p.m. Please note this is the first RFP to include the availability of funds for HIV housing. The Agency will review all proposals submitted on a case-by-case basis and will attempt to make the best and most appropriate funding choices for each development selected to the extent funds are available. The Agency will coordinate HOPWA applications in conjunction with the seven other financing sources, where appropriate. Please note a HOPWA technical assistance meeting is scheduled July 11, 1995 and July 19, 1995, from 9:00 am-11:00am in the RAP room, first floor. Application materials may be obtained by calling the Minnesota Housing Finance Agency at (612) 297-3294. If after reviewing the application materials there are any questions, please call (612) 297-3294 for more information. Sincerely, Jack R. Jenkins, Managing Director Multi-Family Operations Enclosure 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment MINNESOTA HOUSING FINANCE AGENCY NOTICE OF FUND AVAILABILITY REQUEST FOR PROPOSALS AFFORDABLE RENTAL INVESTMENT FUND The Minnesota Housing Finance Agency (MHFA) announces the availability of loan funds to eligible sponsors to assist them in the development, construction, acquisition, preservation and rehabilitation of permanent affordable rental housing. These funds were made available through state appropriation and MHFA resources. $5,668,000 ($2,434,000 previous appropriation; $3,234,000 new appropriation) Statewide Funds are awarded in the form of a zero percent (0%), 30 year deferred first or subordinated loan. Minneapolis and St. Paul - $1,155,424; Hennepin and Ramsey Counties (excluding the cities of Minneapolis and St. Paul), Anoka, Dakota, Washington, Scott and Carver Counties - $1,133,600; Greater Minnesota - $1,133,600; Statewide on a competitive basis - $2,267,200. In addition, to the extent practicable, the newly appropriated funds shall be used so that an approximate equal number of rental housing units are financed in the metropolitan area, and in the nonmetropolitan area. Eligible applicants are limited profit and non-profit entities, Minnesota Cities, and Housing and Redevelopment Authorities. Entities undertaking a development consisting of the rehabilitation of existing rental housing are not limited to return. The funds will be used to provide loans for projects for the development, construction, acquisition and rehabilitation of permanent Iow income rental housing consisting of a minimum of four rental units. Single family and duplex properties are allowed in scattered site developments with a minimum of four units total. All rental units which meet the rent and income requirements are eligible for assistance. In instances where not all units are eligible for assistance, funds will be provided on a prorata basis. Developments which provide for or maintain economic integration are encouraged. New construction will be closely targeted to areas of economic growth or with sufficient market demand and with an emphasis on housing for large families and single individuals. Assisted housing shall not be limited to persons 55 years and older. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment 100% of assisted units must be initially occupied by households with incomes less than 80% of state median income ($34,800). New tenants occupying the units during the term of the mortgage must also meet the income limits at 'the time of initial occupancy. Maximum gross rents shall not exceed 30% of 50% of Statewide median income (see chart below) by unit size, and will be subject to MHFA market review. Gross Rent Limit at 30% of 50% of Statewide Median Income ($43,500) 0BR 1BR 2BR 3BR 4BR $380 $408 $489 $565 $631 Also, gross rents shall not be lower than 30% of 30% of area median income by unit size. lapp Ii cation .Process: ... .... ::. .:.,... ................ : ....... ~.~,:...~..~.: ..... .,.~.::~. ,~:,. ~:.. ...... .... .. ~:~ ., .~..~.~.~.~..,~! Applicants should request application packets from Multi-Family Underwriting staff: Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 (612) 297-3294, or toll free: 1-800-657-3701 If after reviewing the application materials there are any questions concerning the Affordable Rental Investment Fund Program or the application process, please direct your questions to Brenda Nieland at (612) 297-5136, or Warren Kramer at (612) 297-5142. The original and one (1) copy of the application are due by 4:30 P.m. on Thursday. August 24: J995. Staff will make recommendations for funding to the MHFA Board on October 26, 1995. This request for proposals (RFP) is subject to all applicable federal, state, and municipal laws, rules, and regulations. MHFA reserves the right to modify or withdraw this RFP at any time and is not able tO reimburse any applicant for costs incurred in the preparation or submittal of applications. it is the policy of the Minnesota Housing Finance Agency (MHFA) to further fair housing opportunity in all Agency programs and to administer its housing programs affirmatively, so that all Minnesotans of similar income levels have equal access to Agency programs regardless of race, color, creed, religion, national origin, sex, marital status, status with regard to receipt of public assistance, disability, or familial status. MINNESOTA NOTICE OF FUND AVAILABILITY HOUSING REQUEST FOR PROPOSALS FINANC_F-coMMUN T¥ HOUSlN DEVELOPMENT ORGANIZATION AGENCY PERATING EXP NSE PAYMENT PRO__~ The Minnesota Housing Finance Agency (MHFA) announces the availability of operating expense funds to certified Community Housing Development Organizations (CHDOs). The purpose of these funds is to enhance, over a two to five year period, the capacity and long term viability of certified CHDOs selected for a specific HOME project, rather than funding administrative expenses associated with a HOME project. $690,000 HOME regulations limit the amount of HOME funds that may be paid to a CHDO for its total operating expenses to the greater of 50% of operating expenses or $50,000 in any fiscal year. lEI i g i b 1 e ~::.:A p p i i c a n t s:i ::iiiiiiii!ii!iil ::iii il i::iiii::i!::i?.iiii:.~!::iii::i::i!i!!, ~, ?-~: ~:::.~i~ i li:ii~ii!ii::i:.i iiii::::i!iil i! ?:ii:: !i':iii:'::ii::!il ?:::ii !ii::iiiii!i il, ?:! :i i ti ti?ii ::ii ii i liiiiii',iii ?:i!iii ~:i ::ilili !!',ii ii ii ii ::!i?:ii i i::?:iii~ i:~ilili i i::iii i!iil i li ~?:ii::i!i!iiii il i i?:::iii:,i::ii;::i!iiiiiii ~,iii!iiiiii! il i i!iiiii!i!i':i': i iiii':ii?~iiii':ii! i iiii?:ii?,iiii?~iiiiiil; i::!i?. :.,ii::, il ii i ii::::iii':::i:~ i i'~ ~:i!l Nonprofit organizations which have been certified as a CHDO, and are selected for a specific HOME project under the Targeted HOME or Minnesota Rural and Urban HOMEsteading (MU RL) Programs. Information on obtaining CHDO certification may be obtained by calling Denise Rogers at MHFA, telephone number (612) 296-8206 or 1-800-657-3769. . ,. .......................................................... : .......................................... ~:~:~:::::i ........... : ................... i:i:iiii.i:::i:h ii ....... ~Appilcatton :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Applicants should request application packets from Multi-Family Underwriting staff: Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 (612) 297-3294, or toll free: 1-800-657-3701 If after reviewing the application materials there are any questions concerning the CHDO Operating Expense Payment Program or the application process, please direct your questions to Ed Niewinski at (612) 297-3130 regarding the MURL Program, or Darrick Metz at (612) 297-5137 regarding the Targeted HOME Program. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf ('FDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment The original and one (1) copy of the aoolication are clpe by 4:30 p.m. on Thursday. August 24. 1995 with an application for funding under the Targeted HOME or MURL Programs; or within one month of notification of selection for funding under the Targeted HOME or MURL Program. Staff will make recommendations for funding to the MHFA Board in December 1995. This Request for Proposals (RFP) is subject to all applicable federal, state and municipal laws, rules and regulations. MHFA reserves the dght to modify or withdraw this RFP at any time and is not able to reimburse any applicant for costs incurred in the preparation or submittal of applications. It is the policy of the Minnesota Housing Finance Agency (MHFA) to further fair housing opportunity in all Agency progranns and to administer its housing programs affirmatively, so that all Minnesotans of similar income levels have equal access to Agency programs regardless of race, color, creed, religion, national origin, sex, marital status, status with regard to receipt of public assistance, disability, or familial status. MINNESOTA HOUSING FINANCE AGENCY HOUSING NOTICE OF FUND AVAILABILITY REQUEST FOR PROPOSALS OPPORTUNITIES FOR PERSONS WITH AID,~. PROGRAM The Minnesota Housing Finance Agency (MHFA) announces the availability of Department of Housing and Urban Development (HUD) grant funds to devise long- term comprehensive strategies for meeting the housing needs of persons with Acquired Immune Deficiency Syndrome (AIDS) or related diseases, such as HIV, and their families. The program authorizes entitlement grants and competitively awarded grants for housing assistance services. The Housing Opportunities for Persons With AIDS Program (HOPWA) was authorized through the HUD Housing and Community Development Act of 1992. $1,000,000 The HOPWA funds were awarded to the Minnesota Department of Health (MDH) and the City of Minneapolis in 1994-95. The HIV Housing Assessment and Planning Project began in April 1994. Under the auspices of the MDH and the direction of the Coalition for Housing for Persons with HIV (Coalition), the Assessment sought to define and quantify the housing needs throughout the state for persons with HIV infection and to develop a five year plan for addressing those needs. The information from this process is available in the HIV Housing Needs Assessment and Five Year Plan (five year plan). The grant period for these awards is three (3) years from the date of the award. Continuation of funding for this program is dependent on the availability of state and federal housing funds. Additional AIDS specific housing funds are not certain. HOPWA funds awarded for supportive programs and services will enter into a Grant Agreement with the MDH. HOPWA funds awarded for housing programs will enter into a Commitment Agreement with MHFA. Eligible applicants include natural persons, limited-profit and non-profit entities, Minnesota units of local government, Public Housing Authorities, and/or community based organizations. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment Of the estimated 3,000 people living in Minnesota with HIV/AIDS, it is estimated that 1,000 people are in need of more intensive supportive services to locate, maintain, or remain in their homes. To focus on those with increased housing needs and to target limited resources, services and programs supported with these HOPWA funds must assist Iow income and disabled persons with HIV infection including both individuals and households. Low incq~me: Individuals and families whose income does not exceed 80% of the median income for a county or metropolitan statistical area, as determined by HUD, adjusted for household size. A restriction of income level is not applicable if individuals or households are receiving housing and supportive services information only. Disal;)lecl with HIV/AIDS: At least one individual in the household must have AIDS or a related disease (which means the disease of Acquired Immune Deficiency Syndrome or any conditions arising from HIV infection). Households may include those who are connected by law, blood or are of special significance to the individual with AIDS. o Rental Assistance: Persons receiving rental assistance or residing in rental housing, except those in short stay supported housing, must pay 30% of the family monthly gross income after adjustments. Rents must be reasonable in relation to comparative rents. Included within the three eligible participant categories (Low income, Disabled with HIV/AIDS, and Rental Assistance), the following categories of individuals and households require increased attention and are thus priority populations for HOPWA funding. Proposed housing programs and services must be culturally specific, meeting the needs of targeted communities including people of color, youth, and disabled persons. Applications targeting these priority populations will receive selection preference consideration: · Households with children. Individuals whose rental histories, pre-existing conditions, and other life circumstances increase the difficulty of accessing subsidized and fair market housing. This group includes people with mental illness, chemical dependency, and those with backgrounds that include past evictions and prison records. · People from communities of color, including African Americans, Native Americans, and Hispanics. · Adolescents and young adults between 13 and 24 years of age. · Households who are homeless or at dsk of homelessness. Applicants should request application packets from Multi-Family Underwriting staff: Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 (612) 297-3294, or toll free: 1-800-657-3701 If after reviewing the application materials there are any questions concerning the Housing Opportunities for Persons With Aids Program or the application process, please direct your questions to Fraser Nelson, MDH at (612) 623-5721 or Glory J. Hill, MHFA at (612) 296-9827. The original and one (1) co0y of the aDolication are due by 4:30 0.m. on Thursday. August 24, 1995. Staff will make recommendations for funding to the MHFA Board on October 26, 1995. This Request for Proposals (RFP) is subject to all applicable federal, state, and municipal laws, rules, and regulations. MHFA reserves the right to modify or withdraw this RFP at any time and is not able to reimburse any applicant for costs incurred in the preparation or submittal of applications. It is the policy of the Minnesota Housing Finance Agency (MHFA) to further fair housing opportunity in all Agency programs and to administer its housing programs affirmatively, so that all Minnesotans of similar income levels have equal access to Agency programs regardless of race, color, creed, religion, national odgin, sex, marital status, status with regard to receipt of public assistance, disability, or familial status. MINNESOTA HOUSING FINANCE AGENCY NOTICE OF FUND AVAILABILITY REQUEST FOR PROPOSALS U IN TRU T F ND PR RAM The Minnesota Housing Finance Agency (MHFA) and the Housing Trust Fund Advisory Task Force (HTFATF) announce the availability of loan funds to eligible sponsors to assist them in the development, construction, acquisition, preservation and rehabilitation of affordable rental housing, limited equity cooperative housing, and homes for ownership by Iow income persons. These funds were generated by interest earnings on real estate brokers' ;rust accounts; interest accrued on revenue bond application fees and forfeited fees; and state appropriated funds. Statewide Funds are awarded to projects in the form of a zero interest deferred loan. To encourage the long term affordability of the housing provided under this program, a twenty year repayment schedule is used. The loan must be repaid in full if the project fails to operate as affordable housing for Iow income persons during the first ten years of the loan. During the next ten years, ten percent of the loan is forgiven each year provided that the housing remains affordable for Iow income persons and families. Up to twenty percent (approximately $200,000) of the total funds available may be used for projects that are not compatible with the 20 year repayment schedule. Within the twenty' percent set aside, up to $100,000 will be available for home ownership projects. The MHFA's and the HTFATF's intent is to use this set aside of funds to encourage innovative proposals which would otherwise not be possible to fund given the 20. year use commitment. Applications submitted under the set aside will be evaluated with all applications received in response to the Request for Proposals. Eligible applicants are individuals, for-profit entities, non-profit entities, Minnesota Cities, joint power boards established by two or more cities, and Housing and Redevelopment Authorities. 400 Slbley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf ('rDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment The legislation requires that the funds from the trust fund account be used "to provide loans or grants for projects for the development, construction, acquisition, preservation, and rehabilitation of Iow income rental and limited equity cooperative housing units and homes for ownership. At least 75 percent of the rental and cooperative units in the development or all of the units funded by the housing trust fund account, must be rented to persons and families whose income does not exceed 30 percent of the median family income for the metropolitan area. Homes for ownership must be owned or purchased by persons and families whose income does not exceed 50 percent of the metropolitan area median income." (MN Statutes Sect. 462A.201 Subd. 2, as amended.) As of May 1995, 30 percent of the Minneapolis/St. Paul area median income was $15,300. It is the desire of the MHFA and the HTFATF to use the Housing Trust Fund Housing Program to encourage and support innovative approaches to housing problems which provide affordable housing with strong local support. It is expected that these funds will be used to leverage other funds or to provide the final piece of a financing package. They can be used in conjunction with other MHFA, State, or Federal programs as appropriate. The MHFA will not be accepting applications for proposals whose primary purpose is lead based paint abatement. Applicants should request application packets from Multi-Family Underwriting staff: Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 (612) 297-3294, or toll free: 1-800-657-3701 If after reviewing the application materials there are any questions concerning the Housing Trust Fund Housing Program or the application process, please direct your questions to Denise Holter (612) 297-4294. [ApPlication Submission Deadline:' ~':*:',~-:? · · .;...~-:?.?- · -:-....:.':'~?-~-~.::~.::;,~.,::~'.~;.' .,. ' .... ~:,..i.;' .~,.::?;;'~.._. ii,~il;.I The original and one (1) Copy of the application are due by 4:30 p.m. on Thursday, Augus~ 24, 1995. The Housing Trust Fund Advisory Task Force will review the applications and should make funding recommendations to the MHFA Board by October 26, 1995. This Request for Proposals (RFP) is subject to all applicable federal, state, and municipal laws, rules, and regulations. MHFA reserves the right to modify or withdraw 'this RFP at any time and is not able to reimburse any applicant for costs incurred in the preparation or submittal of applications. It is the policy of the Minnesota Housing Finance Agency (MHFA) to further fair housing opportunity in all Agency programs and to administer its housing programs affirmatively, so that all Minnesotans of similar income levels have equal access to Agency programs regardless of race, color, creed, religion, national origin, sex, marital status, status with regard to receipt of public assistance, disability, or familial status. MINNESOTA NOTICE OF FUND AVAILABILITY HOUSING REQUEST FOR PROPOSALS FINANCE MINNESOTA RURAL AND URBAN AGENCY HOMESTEADING PROGRAM The Minnesota Housing Finance Agency (MHFA) announces the availability of funds to eligible organizations to acquire single family residences that are vacant, condemned or abandoned, rehabilitate those properties and then sell them by way of a contract for deed to first time homebuyers who are "at risk." These funds are made available through FY 95 Federal HOME appropriations. All areas of the state except in Anoka, Cook, Dakota, Hennepin, Itasca, Koochiching, Lake, Ramsey, St. Louis and Washington Counties. Funds are awarded in the form of a grant. The term for using these funds is 50% in six (6) months, 75% in nine (9) months with no established deadline date for the remainder of funds. The eligible organization must service the contracts for deed for as long as they retain ownership of the property. Tt~e maximum funds requested by an eligible organization cannot exceed $200,000 and the minimum requested cannot be less than $100,000. Eligible applicants are political subdivisions, nonprofit or cooperative housing organizations, housing and redevelopment authorities, Community Housing DevelOpment Organizations (CHDO's) or other organizations that have as a primary purpose, the provision or development of affordable housing to Iow and moderate income homebuyers. The funds will be used to arrest or prevent the spread of blight and preserve the existing housing stock by providing a financing mechanism through which properties may be purchased and rehabilitated and then sold to homebuyers who will stabilize the neighborhood by following a "good neighbor" policy. If the eligible organization is not a certified CHDO, they will be required to establish a local neighborhood advisory board. 400 Slbley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf (TDD) (61Z) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment Only existing single family residences are eligible under the program. Duplexes, condominiums, townhouses within planned unit developments, mobile homes, etc. are not eligible. JEligible Homebuyers: ~- :: .... ...:-.--::-. ,. Eligible homebuyers must be "at risk" first time homebuyers whose incomes do not exceed 80% of the median area income. At least 25% of their monthly household income must be sufficient to cover at least the monthly real estate and hazard insurance escrows. "At risk" is defined as being homeless, receiving public assistance, or otherwise not able to afford homeownership. First time homebuyer is defined as someone who has not owned a home they lived in for the last three (3) years. [Application .Process:... '.. ..... ' Applicants should request application packets from Multi-Family Underwriting staff: Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 (612) 297-3294, or toll free: 1-800-657-3701 If after reviewing the application materials there are any questions concerning the Minnesota Rural and Urban HOMEsteading Program or the application process, please direct your questions to Ed Niewinski, MN Homes Division at (612) 297-3130 when calling from the Twin Cities metropolitan area, or toll-free 1-800-657-3802, extension 7-3130 if calling from Greater Minnesota. [Application Submission. Deadline:.. The original and one (1) Copy of the application are dye by 4:30 p.m. on Thvrsday, August 24, 1995. Staff will make recommendations for funding to the MHFA Board on October 26, 1995. This Request for Proposals (RFP) is subject to all applicable federal, state, and municipal laws, rules, and regulations. MHFA reserves the right to modify or withdraw this RFP at any time and is not able to reimburse any applicant for costs incurred in the preparation or submittal of applications. It is the policy of the Minnesota Housing Finance Agency (MHFA) to further fair housing opportunity in all Agency programs and to administer its housing programs affirmatively, so that all Minnesotans of similar income levels have equal access to Agency programs regardless of race, color, creed, religion, national origin, sex, marital status, status with regard to receipt of public assistance, disability, or familial status. MINNESOTA HOUSING FINANCE AGENCY NOTICE OF FUND AVAILABILITY REQUEST FOR PROPOSALS PUBLICLY OWNED NEIGHBORHOOD LAND TR T PR RAM The Minnesota Housing Finance Agency (MHFA) announces the availability of funds for no-interest deferred loans to assist Eligible Applicants in financing the capital costs of the acquisition of affordable housing which is part of a neighborhood land trust. A public land trust provides for public ownership of land to preserve the affordability of the housing located on the land. The funds for this program are from state general obligation bonds. Program requirements can be somewhat complicated; therefore, applicants are encouraged to discuss the feasibility of their proposal with MHFA staff prior to submitting an Application for Funding. Statewide Funds are awarded Jn the form of a zero percent (0%) deferred loan. An Eligible Applicant which is selected for an award will be required to own and manage the property for twenty (20) years, at which time the loan will be deemed paid in full. The ground lease shall continue to remain in force until such a time it is. modified or terminated. Any sale of any part of the property at any time in the future must be fo1' its fair market value. Any sale prior to the expiration of the twenty year period will result in the net proceeds of the sale being paid to MHFA. An Eligible Applicant is a city as defined in Minnesota Statute, section 462C.02, subdivision 6. This definition includes most housing and redevelopment authorities. The city must agree to perform certain acitivities related to the land trust. A Qualifying Entity either meets the definition of an Eligible Applicant (but is not receiving the loan funds), or is a nonprofit organization which meets the requirements of Chapter 317A, qualifies for tax exempt status under the United States Code, title 26, section 501 (c) (3), and meets the requirements of being a neighborhood land trust as specified in Minnesota Statute, sections 462A.30 and 462A.31. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment IEiigible' Activity.:,,: .. Loan funds must be used only for capital costs related to the purchase of vacant land, or to the purchase of land and residential buildings. General administrative or operating expenses are not eligible. Occupants of the completed housing must be persons or families of Iow and moderate income. If the proceeds are used to purchase vacant land (or to purchase land and buildings and demolish the buildings), the Eligible Applicant will lease the land to a Qualifying Entity. The Qualifying Entity will use other financial resources to either build housing units on the vacant land and rent or sell them, or will rent the land as spaces for mobile homes. If the proceeds are used to purchase land and buildings, the Eligible Applicant will sell the buildings and lease the land to a Qualifying Entity. The Qualifing Entity will use other financial resources to rehabilitate the buildings and rent or sell the buildings. If the proceeds are used to purchase land and single-family houses (1-4 units), the Eligible Applicant may sell the houses and lease the land directly to persons and families of Iow and moderate income without the involvement of a Qualifying Entity. The houses must be owner-occupied. Applicants should request application packets from Multi-Family Underwriting staff: Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 (612) 297-3294, or toll free: 1-800-657-3701 If after reviewing the application materials there are any questions concerning the Publicly Owned Neighborhood Land Trust Program or the application process, please direct your questions to Greg Baron at (612) 297-3123. The original and one (1) co~:)y of the aDDlication are due by 4:30 om on Thursday_ August 24. 1995. Staff will make recommendations for funding to the MHFA Board on October 26, 1995. Late applications may be considered if funds remain after the initial awards. This Request for Proposals (RFP) is subject to all applicable federal, state and municipal laws, rules and regulations. MHFA reserves the right to modify or withdraw this RFP at any time and is not able to reimburse any applicant for costs incurred in the preparation or submittal of applications. It is the policy of the Minnesota Housing Finance Agency (MHFA) to further fair housing opportunity in all Agency programs and to administer its housing programs affirmatively, so that all Minnesotans of similar income levels have equal access to Agency programs regardless of race, color, creed, religion, national odgin, sex, marital status, status with regard to receipt of public assistance, disability, or familial status. MINNESOTA HOUSING FINANCE AGENCY NOTICE OF FUND AVAILABILITY REQUEST FOR PROPOSALS TARGETED HOME PROGRAM The Minnesota Housing Finance Agency (MHFA) announces the availability of loan funds to assist eligible applicants in the development of rental or homeownership projects, for acquisition, rehabilitation, or new construction. The Targeted HOME Program is a flexible fund for applicants with projects which do not fit into other MH FA programs. Applicants will be required to meet the HOME regulations for the activity they are proposing. For example, a rental project must meet the HOME income and rent requirements for the affordability period. A home purchase project must include the HOME resale guidelines. Because the HOME regulations are complicated, applicants are urged to contact the MHFA for technical assistance in designing a program that meets HOME requirements. Targeted HOME funds will be in the form of a deferred no interest loan for the affordability period required under the HOME regulations. Eligible applicants are private individuals, for-profit or non-profit organizations, community housing development organizations (CHDO'S), housing and redevelopment authorities (HRA's). CHDO's may participate in the Targeted HOME Program as developers of affordable housing projects. Priority in selection shall be given to eligible organizations that qualify as CHDO's. Applicants should request application packets from Multi-Family Underwriting staff: Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 (612) 297-3294, or toll free: 1-800-657-3701 If after reviewing the application materials there are any questions concerning the Targeted HOME Program or the application process, please direct your questions to Susan Ude at (612) 296-8844 for home purchase projects; Darrick Metz at (612) 297-5137 for rental projects. 400 Slbley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment The oriainal and one fl~ coov of the aoalication are due bv 4:30 a.m. on Thursday. Auaust 24. 1995. Staff wiil make recommendations for funding to the MHFA Board on October 26, 1995. This Request for Proposals (RFP) is subject to all applicable federal, state and municipal laws, rules and regulations. MHFA reserves the right to modify or withdraw this RFP at any time and is not able to reimburse any applicant for costs incurred in the preparation or submittal of applications. It is the policy of the Minnesota Housing Finance Agency (MHFA) to further fair housing opportunity in all Agency programs and to administer its housing programs affirmatively, so that all Minnesotans of similar income levels have equal access to Agency programs regardless of race, color, creed, religion, national origin, sex, marital status, status with regard to receipt of public assistance, disability, or familial status. MINNESOTA HOUSING FINANCE AGENCY NOTICE OF FUND AVAILABILITY REQUEST FOR PROPOSALS TRANSITIONAL HOUr;lNG PROGRAM The Minnesota Housing Finance Agency (MHFA) announces the availability of loan/grant funds to eligible sponsors to assist in providing safe, appropriate, and affordable housing for Iow and moderate income residents of Minnesota. The Transitional Housing Program is designed to assist eligible applicants in the construction, acquisition, or rehabilitation of residential housing for this group of persons. The Transitional Housing Program has three program options: (1) Temporary or transitional housing for individuals and families having an immediate need for housing; (2) Residential housing for migrant farmworkers; and (3) Homeless individuals and families. Ygg must select the program under which you are reauesting funds. Under the Temporary or Transitional Housing program option¢ individuals and families income cannot exceed 50% of the greater of the statewide or area median income adjusted for families of five or more. Under the Residential Housing for Migrant Farmworkers program option, housing must contain cooking, sleeping, bathroom facilities, and hot/cold running water in the same structure. Under the Homeless Individuals and Families program option, eligible applicants can apply for funds to provide housing (including SRO-type housing) for individuals and families whose incomes do not exceed thirty percent (30%) of the metropolitan area median income for a family of four adjusted for families of five or more. For all the program options, the maximum loan/grant amount may not exceed 50% of Total Development Cost with the balance of the funds coming from other sources. The Ioan/grant may not exceed $25,000 per unit. Each project funded must be operated and maintained as housing for the target population for twenty years. Funds are awarded tc projects in the form of a zero interest deferred loan. To encourage the long term affordability of the housing provided under this program, a twenty year repayment schedule is used. The loan must be repaid in full if the project fails to operate as affordable housing for Iow income persons during the f;~-st ten years of the loan. During the next ten years, ten percent of the loan is forgiven each year provided that the housing remains affordable for Iow income persons and families. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment Statewide [Eligible Applicants: ................ ' .... ::"", ................. "'---. ':" ......... ~"~:'"-".-"~*",".'-:' :' "~'. '------"~'"-~,,~ ~*-.'*"~'"'*,*'.*~'.:" .... ...... ~" .... , Eligible Applicants are individuals, for-profit entities, non-profit entities, Minnesota cities, joint power boards established by two or more cities, and Housing and Redevelopment Authorities. fEligible Projects: ... The Legislation requires Transitional Housing funds be used "to provide loan/grant awards to projects for the construction, acquisition or rehabilitation of residential housing." The housing is to be provided for a limited duration not exceeding twenty-four (24) months and available for occupancy on a continuous twenty-four (24) hour basis. Loan/grants may not be used for residential care facilities, for facilities that provide housing for occupancy on less than a twenty-four (24) hour continuous basis, or for any residential housing that requires occupants to accept board as well as lodging. Loan/grants may be used for specific work or improvements, such as: Land or building acquisition Building construction Building rehabilitation "Costs that are associated with the project or project financing. These may include costs of financing such as processing and attorney fees, or building permits. Loan/grants cannot be used for completed work or improvements, expenses incurred in the preparation of the proposal or project costs which are otherwise reimbursable from other private or public sources. Additionally, costs incurred prior to executing the Commitment Agreement are not eli¢ible for reimbursement from loan/grant funds. It is the desire of the MHFA to encourage and support innovative approaches to housing problems which provide affordable housing with strong local support. It is expected that these funds will be used to leverage other funds or to provide the final piece of a financing package. They can be used in conjunction with other MHFA, State, or Federal programs as appropriate. No maximum single loan/grant amount has been officially established other than $25,000 per unit. Applicants should request application packets from Multi-Family Underwriting staff: Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101. (612) 297-3294, or toll free: 1-800-657-3701 If after reviewing the application materials there are any questions concerning the Transitional Housing Program or the application process, please direct your questions to Glory J. Hill at (612) 296-9827. Applicants are encouraged to discuss the feasibility of their project proposal with MHFA staff pdor to submitting an application for funds. ]'he original and one (1) cody of the aoolication are due by 4:30 p.m. on Thursday. Aueust 24. 1995. Staff will make recommendations for funding to the MHFA Board on October 26, 1995. The Request for Proposals (RFP) is subject to all applicable federal, state, and municipal laws, rules, and regulations. MHFA reserves the dght to modify or withdraw this RFP at any time and is not able to reimburse any applicant for costs incurred in the preparation or submittal of applications. It is the policy of the Minnesota Housing Finance Agency (MHFA) to further fair housing opportunity in all Agency programs and to administer its housing programs affirmatively, so that all Minnesotans of similar income levels have equal access to Agency programs regardless of race, color, creed, religion, national origin, sex, marital status, status with regard to receipt of public assistance, disability, or familial status. TO: FROM: SUBJECT: DATE: COLUMBIA HEIGHTS POLICE DEPARTMENT Mayor Joseph Sturdevant City Council Members Patrick Hentges, City Manager Leonard M. Olson, Acting Police Chief Anoka County Police Range, Tentative Invitation June 28, 1995 I attended the Anoka County Joint Law Enforcement Range Committee meeting on June 27, 1995. During the course of the meeting an idea was generated that may be of interest to each of you. The subject was that the majority of Anoka County municipal politicians have never been to the Anoka shooting range and plans for a tour and shooting demonstration would be in order. If this idea unfolds, you will be invited to such a tour, tentatively in late summer. Shooting demonstration by department would show departmental weapons and use of various weapons. As further information becomes available, I will provide it to you. 95-190 Economic Security Minnesota Department of Formerly the Department of Jobs and Training 390 North Robert Street · St. Paul, Minnesota 55101 (612) 296-8004 · TTY/TDD (612) 296-2796 , FAX (612) 296-5745 Community Based Services June 20,1995 Sgt. William Roddy Family Group Conferencing Columbia Heights Police Department 559 Mill Street NE Columbia Heights, Mn 55421 Dear Sgt. Roddy: We would like to take this opportunity to thank you and your colleagues for the effort you put forth in preparing and submitting a Title II Prevention, Diversion and Pre-Adjudication Services concept paper to the Minnesota Juvenile Justice Advisory Committee (JJAC). The JJAC received over 500 proposals in this funding cycle and has only a limited amount of federal resources available to fund projects this year. We regret to inform you that your concept paper was not recommended to go forward in this funding cycle. Your name has been added to our mailing list for future Request for Proposals (RFPs) issued by the Minnesota Department of Economic Security (MDES). If you have any additional questions, please feel free to contact Kay Tracy at 612/296-6064. Again, we appreciate your efforts and the efforts of your colleagues. Sincerely, Barbara M. Swanson Chairperson Minnesota Juvenile Justice Advisory Committee BS:KT:gms ........... ~.,.c~,elplng Minnesotans help themselves achieve economic security . DATE: CITY OF COLUMBIA HEIGHTS JUNE 27, 1995 TO: FROM: KATHY YOUNG, ASSISTANT CITY ENGINEER PAt HENTGES, CITY MANAGER WILLIAM ELRITE ~..'-')% FINANCE DIRECTOR RE: RICE CREEK WATERSHED Attached are copies of the Rice Creek Watershed Districts 1994 report of activities. These were sent to me and I am forwarding them to you. WE:dn 9506271 Attachment 3585 LEXINGTON AVENUE NORTH, SUITE 132 ARDEN HILLS, MINNESOTA 55126-8016 ~DATE: June 9.8, ].~5 TELEPHONE (612)483-0634 FAX (612)483-9186 TO: B. Fritsinger, Clerk-Administ~tor, City of Arden Hills Kathryn Weber, Clerk, City of Bire. hwood Village D. G. Poss, Clerk, City of Blaine Roger V,%berg, Clerk-Admini.~rator, City of Centerville J. Keinat. h, Clerk-Adm/n/stra~or, City of Circle Pines -/W. Elr/te, Clerk-'Preasurer, City of Columbia Heigh~ M. A. Hoyt, Manager, Town of Columbus Joanne Henaley, Clerk, City of Dellwood Susan Hoyt, Adm/nJstraWr, Clerk, City of Falcon Heights Chip Robinson, Clerk-Administrator, City of Forest Lake M. Tornell, Clerk, Town of Forest Lake W. Burns, Manager, City of Fridley Sheila Davis, Clerk, Town of Grant D. Nivala, Clerk-Treasure~, City of Ham Lake M. A. Creaser, Clerk, City of Hugo IC Miller, Clerk-Administrator, City of Lauderdale S. Beyer, Clerk-Admin/strator, City of Lexington R. Schumacher, Administrator, City of IAno Lakes J. Olinger, Clerk-Administrator, City of Mahtomedi Cyd Young, Clerk, Town of May S. Orduno, Clerk-Administrator, City of Mounds View RC Fulton, Admin/strator, City of New Brighton D. Peterson, Clerk, Town of New Scandia S. 1t. Sarkozy, Manager, City of Rosev~e M. Mornson, Manager, City of Saint Anthony T. C. Schwerm, Manager, City of Shoreview D. B. Busch, Clerk-Treasurer, City of Spring Lake Park Mark Sat. her, Manager, City of White Bear Lake W. F. Short, Clerk-Tre~m-er, Town of White Bear Board of Managers Regular Meetings: 2nd and 4th Wednesdays at Shoreview CiN' Hall KATE DREWRY, District AdmEn. BONITA TORPE, AdmEn. Assist. On behalf of the Board of Managers, I am pleased to forward to you a copy of the 1994 Annual Report of Acthn'ties of the R/ce Creek Watershed District for your information. Two additional copies are enclosed: one for the Mayor and Council, and the other copy for public review. We would apprec/ate your placing ~ Report where the public may have access to it. jak If you have questions about any of the/nformafion in the Report, feel free to contact me. cc:. Correspondence Log Ai~.~i ];~eport File BOARD OF MANAGERS A. J. CARDINAL, SR. CAROLE V. RYDEN ROBERT M. HULT BARBARA A. HAAKE ANOKA COUNTY RAMSEY COUNTY WASHINGTON COUNTY RAMSEY COUNTY MONTGOMERY WATSON Consulting Engineers 593-9000 ,, Coq~ounsel~ HAROLD H SHEFF 332-1000, MICHELLE J ULRICH 699-9845 EUGENE L. PETERSON ANOKA COUNTY The Board & Staff of the Rice Creek Watershed District BOARD OF MANAGERS Eugene L. Peterson, President 4861104th Lane NE Circle Pines (Anoka County) 784-9648 Carole V. Ryden, 1st Vice-President 1384 Knoll Drive Shoreview (Ramsey County) 780-5433 Barbara A. Haake, 2nd Vice-President 3024 County Road I Mounds View (Ramsey County) 786-1022 Andrew J. Cardinal, Sr., Secretary 6657 Centerville Road Hugo (Anoka County) 429-1965 Roger L. Oberg 21057 Everton Avenue N Forest Lake (Washington County) 464-5325 DISTRICT STAFF Kate Drewry District Administrator 483-0634 Bonita Torpe Administrative Assistant 483-0634 LaVema Stockton Clerk-Typist 483-0634 Dale Eldin District Inspector 429-1090 Regular Board Meetings are held at: 7:00 p.m. the 2nd and 4th Wednesday of each month; Shoreview City Hall Council Chambers 4600 N. Victoria, Shoreview. District Office is located at: Suite 132 Arden Plaza 3585 Lexington Avenue North Arden Hills, MN 55126 Office: (612) 483-0634 Fax: (612) 483-9186 ·office Hours: M-F 9-12 a.m. 1-5 p.m. DIST RICT CONSULTANT S Steven C. Woods, P.E. Eric J. Thompson, Engr. Montgomery Watson District Engineers 593-9000 Harold H. Sheff and Michelle J. Ulrich District Attorneys 699-9845 James C. Payette and Sheila Rogers Boyum & Barenscheer District Accountants 854-4244 TABLE OF CONTENTS BACKGROUND AND ORGANIZATION ......................................................... 1 MAJOR PROJECTS SINCE DISTRICT'S CREATION ......................................... 3 1994 DISTRICT ACTIVITIES ................................................................ 5 1994 PROJECTS AND OTHER ACTIVITIES .............................................. .5 PERMITTING AND INSPECTION PROGRAM .............................................. 9 PUBLIC DITCH INSPECTION & MAINTENANCE ......................................... 10 WATER QUALI1Y MONITORING ...................................................... 13 STATUS OF LOCAL WATER PLANNING ........•........................................ 17 ADVISORY COMMITTEE ............................................................ 18 FINANCIAL SUMMARY ................. , ..... , ............................................. 19 ACCOUNTING SYSTEM & AUDIT ..................................................... 19 SUMMARY OF REVENUES, EXPENDITURES & CHANGES IN FUND BALANCE ................... 20 SCHEDULE OF PROJECTS' EXPENDITURES ............................................. 20 SCHEDULE OF EXPENDITURES ....................................................... 21 1995 GOALS & PLANS .................................................................... 23 Cover Photos: Front: (Clockwise from top left) Long Lake, in the city of New Brighton, shown in this aerial view along I-694. This lake is the focal point for Long Lake Regional Park. A section of lower Rice Creek showing a rip rap bank stabilization project. The Long Lake sediment basin was constructed by the district in 1981 to protect Long Lake from the sediment being carried in by Rice Creek. Back: White Bear Lake, located in the southeast portion of the district, is one of the metro area's largest and cleanest lakes, and is used extensively for recreation. BACKGROUND ORGANIZATION The Rice Creek Watershed District (RCWD) was created on January 17, 1972, for the purpose of conserving and making prov ident use of the waters and natural resources of the area included within the District's borders. It was established by action of the Minnesota State Legislature in response to a nominating petition from Ramsey, Washington and Anoka County Boards to the Water Resources Board. Prominent among efforts by governmental and civic organizations to create the District was a study and vote of support by nine local Leagues of Women Voters. The Rice Creek watershed encompasses 201 square miles of urban and rural land and water within the Minneapolis-St. Paul metro politan area. Rice Creek is a multiple resource: it drains an exten sive area of sod and truck fallils; provides a substantial water sup ply source to the City of St. Paul; southwest through a chain of lakes to the Mississippi River in Fridley. The water that drains into Rice Creek and its two major tributaries, Hardwood Creek and Clearwater Creek, comes from portions of four counties-Anoka (76 sq. mi.), Hennepin (0.1 sq. mi.), Ramsey (48 sq. mi.), and Washington (77 sq. mi.). There are numerous lakes and marshes in the District with associated wet lands and wildlife areas, including 39 lakes with areas in excess of 100 acres. Within the District, there are 41 separate governmental units: 4 counties, 25 cities, 6 townships, 5 special-purpose districts, and the Water Commission of the City of St. Paul. RCWD coordinates activities and programs of these governmental units that impact water resources of the District. serves as a recreational resource for adjoining residences and public parks; is a natural habitat for waterfowl and other wildlife; is an open space and greenbelt resource of unique value; and an attractive locale for new develop ment. Rice Creek also floods along its lower reaches and is a conduit for carrying runoff to the Mississippi River at Fridley. THE GENERAL GOALS OF TIIE DISTRICT ESTAB USHED BY THE RCWD BOARD OF MANAGERS ARE The Board of Managers of the District is a five-member admin istrative board, appointed for three-year tenns by commission ers of three of the four Counties which make up the RCWD: two managers from Anoka County, two from Ramsey County, and one from Washington County. Hennepin County does not appoint a board member because only a very small part of the county is in the District. AS FOLLOWS: +Minimize Public Expenditures to Control Runoff •:• Improve Water Quality •:• Prevent Flooding & Erosion In late 1974, the District pre pared an overall water manage ment plan which served as its operating framework for eigh teen years. With the passage of the Metropolitan Surface Water Management Act, new require ments were set for preparing +Promote Groundwater Recharge •>Protect and Enhance Fish & Wildlife Habitat &The Board of Managers dis-Recreation charges its responsibilities +Provide for the 'Iiansition of water Management to Local Units of Government. through a process of (a) issuing permits for development that affects the quantity, quality, and watershed management plans within the Tw in Cities Metropolitan area. In compliance with this Act, the District developed its Water Resource Management Plan with input from other units of gov ernment and a citizen advisory group. The Plan was approved by the Board of Soil and Water Resources in 1990, amended in 1992 and 1994, and is currently in the process of being updated to guide the District through the year 2,000. Rice Creek is the principal stream of the watershed. It originates in Clear Lake just south of the City of Forest Lake and meanders velocity of water runoff within the 201 square mile area of the RCWD, and (b) undertaking pro jects to protect and improve the waters of the District. To fund its activities, the Board makes annual ad valorem tax levies on the four counties involved. The Board also receives grants from federal and state agencies to fund various special projects, charges fees in connection with the permit program, and for cer tain projects, may utilize special assessments to benefitted parties. Rice Creek Watershed District AN....,_,� •• 1• II• •····· -·• ,-,- .. G.t air�...,., .,...,..ft"iif' • ... ,�� .--T 1•' ,-,... -• .IJ WHITE BEAR TWP. I I I I I I ••••• • : •••#•••••----•1 I -··· •t LAKE TWP. • ••••�I ,.I ""�� .DlA ,.., I • -t------� I • ----------�-..--=-1I II ala ui"I -1�• 1 �ll If I I I I [ L L I I {} ,9'""'"' E x:t�, �--· 8 l'' HUGO .. 1MA\l! 1TWI ... , ... : • • • • •• • • • l\�·" \Joke ····-···· ·- .t • •••••• • • • {1 ••••s--ittt, -�"'· . t,,.�.•,.,I) : I �---=----------.I...-.. __...118..J.. els"''°" -•• • -�, � .. I ;--, �_i!� •• e ����-Lw�o-�o ½ ,...r•' .... �! i� -� ' • �r NT • .. b TWf? 5• District Boundary Map MAJOR PROJECTS SINCE DISTRICT'S CREATION The District has addressed its many interrelated water issues by administering regulatory programs and undertak ing projects. The District's permit program has served as the primary vehicle for the protection of drainage systems, water quality, and open spaces associated with floodplain areas. Uncompensated encroachment into floodplain areas has been nearly eliminated through review of development plans and a vigorous inspection program. Substantial improvements in lake water quality have been realized through the Long Lake/Chain of Lakes Project in the south western portion of the District. Large land developments have been required to provide rate control and treatment of stormwater runoff either through centralized ponding or through detention facilities incorporated within the devel oping area. These detention ponds have subsequently been shown to provide an effective means for reducing the degra dation of downstream water quality and are becoming com mon throughout the metropolitan area. One of the Long Lake Chain of Lakes projects. Ibis control structure was constructed at the outlet of a large wetland complex to provide wetland treatment of upstream waters from the cities of Roseville & Arden Hills. lmpoundment of the water allows the sediment to drop out, and phosphorous to be taken up by wetland plants. Ibis results in cleaner water entering downstream Long Lake. Major District projects undertaken since its creation include the following: Floodplain Delineation. District's support of Federal Emergency Management Agency (FEMA) efforts from 1977-82 resulted in the majori ty of the District having flood-prone areas identified. The Rice Creek Station 252 Creek Relocation Project. Note homes on bluff in background, which were being endangered due to the creek under cutting the steep bank. District's Overall Plan is referenced in many of the flood studies conducted during this era and District staff served as a valuable source of information to various federal contrac tors performing the studies. Recently, the District has under taken hydrologic studies which expand upon the approxi mate methods used in the original studies and will serve to refine the boundaries of floodplain areas. Water Quality Monitoring Program. The District has compiled baseline water quality data for all of the lakes and many of the major streams in the watershed. This data, and the Watershed District's diagnostic/feasibility study efforts, has led to an ability to foresee water quality problems in their infancy. Lake Level Maintenance. Johanna and Long (Hugo) Lakes had outlets installed to moderate excessive water level fluctuations in the basins. Oneka and Horseshoe Lakes were investigated without pro jects being established. Water Quality Improvement. The Long Lake/Chain of Lakes (LL/COL) Project was con ducted using federal (50%) and state and local (each 25%) monies, and resulted in several dozen projects being com pleted within the drainage area tributary to Long Lake (New Brighton). The water quality of Lakes Josephine, Johanna, Valentine, and Pike were improved and protected. Hyd.rologic Modeling. A large portion of the District was modeled as part of the Johanna and Pike Lake studies. Additional watershed mod eling was conducted during compilation of the District's 1990 Water Resource Management Plan. A comprehensive three-phase modeling effort was undertaken as part of the Plan implementation. Channel Improvements. The Pike and Johanna subwatersheds were addressed in the Long Lake/Chain of Lakes Clean Lakes Grant Program as well as the improvement of Ramsey County Ditches 2 and 4. A sedimentation basin was constructed above Long Lake, New Brighton, also as part of the LL/COL Project. Lower Rice Creek has been the subject of a bank assessment study and a series of bank stabilization projects based on the study. Later implementation of a cost-share program (SBBS Program) has led to private properties having stabilization measures pedormed. Lake Diagnostic Studies Detailed lake water quality studies have been completed for White Bear, Bald Eagle, Centerville and Peltier lakes with assistance from state and federal grant money. These stud ies resulted in recommendations for improving and/or pro tecting the water quality of these important recreational lakes. A section of badly eroding public ditch on the Bethel College campus in Ramsey County. Upstream development exacerbat ed the problem by increasing the amount of runoff The district completed a stabi/iza. tion project on this ditch in 1980. Placing gabions at the foot of an erod ing bank along Rice Creek. RCWD Board Manager Andy Cardinal inspects the Rice Creek Station 252 Creek Relocation Project. 1994 ACTMTIES 1994 PROJECTS AND OTHER ACTMTIES In addition to conducting its on-going regulatory, water quality monitoring, and ditch inspection/maintenance pro grams, the District completed a number of other significant activities in 1994, as follows: Upper Watershed Improvement Project Over the past four years, the Rice Creek Watershed District (RCWD) has completed comprehensive diagnostic/feasibility studies for four lakes in the eastern half of the District: White Bear, Bald Eagle, Centerville, and Peltier Lakes. The Centerville/Peltier study recommended that the implemen tation plan focus on improving water quality throughout the upper Rice Creek watershed encompassing White Bear and Bald Eagle Lake watersheds. This was appropriate since the White Bear and Bald Eagle watersheds are part of the greater watershed draining to Peltier Lake. Other waterbodies throughout the upper watershed will benefit from the implementation of the improvement project. These water bodies include Sunset, Pine Tr ee, Otter, Rice, Clear, Mud, Howard, Crossways, and Rondeau Lakes, and Rice, Hardwood and Clearwater Creeks. Howard Lake, in partic ular, will be substantially improved during the Phase 1 pro ject. This combined project has since come to be known as the Upper Watershed Improvement Project. Managers Peterson, Oberg, Haake, and Cardinal at the Peltier Lake outlet. Peltier Lake is one of the target lakes in the Upper Watershed Improvement Project. Implementation of the Upper Watershed Improvement Project is planned in two phases. Phase 1 focuses on the implementation of watershed protection management prac tices which are designed to reduce nutrient loading at the problem source. The second phase of the project expands the management efforts and also includes structural man agement practices designed to treat runoff. Schuneman Marsh, a large wetland complex upstream of Bald Eagle Lake in the City of Dellwood, is a high priority for restoration as part of the Upper Watershed Improvement Project. Jbe district is exploring cooperative agreements with the Izaac Walton League, which owns much of the wetland and adjacent upland. Goals and objectives for the improvement project were established based on desired uses of the lakes. In general, the goals focus on improving the recreational uses of the lakes. However, Centerville Lake is a backup water supply for the St. Paul Water Utility and improvements to this water body will benefit the potable water supply system for the City of St. Paul. The primary water quality problem currently impairing the recreational and water supply uses of the waterbodies is algal blooms. In addition to impairing recreational uses in reservoirs, algal blooms also impact potable water supply value for the Centerville reservoir. Since primary productiv ity in most of the lakes is limited by phosphorus, goals are generally stated in terms of phosphorus loading reductions. The project will provide improved protection of the existing good water quality in White Bear Lake, restore Bald Eagle Lake to partially supporting swimming, restore Centerville Lake to fully supporting swimming, improve the wildlife and water quality value of Howard Lake, and provide additional long-term protection for the water quality of Centerville Lake by reducing phosphorus loading to Peltier Lake. These lakes are extremely valuable resources for the state of Minnesota because of their potable water supply use, recre ational use, and wildlife values. In the feasibility studies, a number of alternatives were eval uated to reach the phosphorus goals for the respective lakes. Special consideration was given to alternatives which addressed problems and reduced pollutant loadings at their source, and to alternatives which have the potential to reduce loadings of other pollutants in addition to phospho rus. The feasibility studies also identified numerous water quality initiatives by the RCWD and other local agencies. The implementation plan was designed to complement these existing initiatives, particularly in land development regulations. The upper watershed is currently experiencing rapid urban development. Areas without sewer are being developed as single-family 5-and 10-acre lots. The imple mentation plan includes regulation of this transition through a revised wet pond design criteria and enforcement of the Wetland Conservation Act, in addition to existing runoff rate control and water quality initiatives. The Phase 1 plan includes the following elements: •:• A public information/education program which will focus on informing, enlisting support, and improving non point source pollution prevention practices by local landowners. •:• Improved enforcement of existing erosion control rules and regulations through the formation of an enforcement steering committee comprised of District and Municipal staff •:• Improvements to long-term operating efficiencies of water quality basins through the development of an inspec tion program. •:• Promotion of animal waste management programs already offered by the ASCS through increased solicitation of project cooperators. •:• Completion of livestock exclusion to improve waste management and livestock grazing practices along Hardwood Creek. •:• Fertilizer management demonstration projects to assist farmers with interpreting soil tests in determining fertilizer needs. •:• Promotion of a "no-till farming demonstration day" to show area farmers the benefits of using no-till farming for crop and pasture management. •:• Wetland restoration projects to reduce TP and sediment loads for inlet streams. •:• Elimination of roughfish and revegetation of Howard Lake to improve the wildlife benefits of the lake and reduce phosphorus loadings to Rice Creek. •:• Sediment sealing of alum in Centerville Lake to reduce internal loading and restore the lake to conditions fully sup porting swimming. Enjoying the fishing at the Lake Peltier outlet. Both Centerville and Peltier are very popular fishing lakes. During 1994, the District completed detailed planning for the project, made application for a Clean Water Partnership Grant through the MPCA, and developed a consortium of local sponsors. This team includes RCW D, Anoka SWCD, Washington SWCD, Ramsey County, White Bear To wnship, City of White Bear, City of Hugo, City of Mahtomedi, the White Bear Lake Conservation District, the Peltier Lake Homeowners Association, White Bear Lake Homeowners Association, and the Bald Eagle Area Association. In addi tion, we have commitment for technical assistance from the Anoka Sand Plains Project. Long Lake Sedimentation Basin Cleaning As part of the Long Lake/Chain of Lakes Grant, a sedimenta tion basin was constructed in 1981, upstream of Long Lake in New Brighton. The basin requires periodic maintenance to remove accumulated sediment. During the winter of 1994, approximately 21,000 cubic yards of sediment were removed and disposed of at a cost of $211,688. Manager Haake, Advisory Committee Member Stevens, and Manager Oberg review the completed basin work at Long Lake. Stream Bank Stabilization A severely eroding bank along Rice Creek in the City of New Brighton was identified as a priority site for a bank stabiliza tion project. The eroding bank is very close to the City of New Brighton's #12 Municipal Well, threatening the stabili ty of the well house. The District applied and received com mitments for cost-share grants from the Ramsey County Soil & Water Conservation District and Minnesota Board of Water & Soil Resources. The project is scheduled for construction in 1995. The District also provides cost-share grants to landowners who wish to undertake stream bank stabilization projects on private lands. During 1994, one such project was complet ed on Rice Creek in the City of Fridley. Five landowners joint-ventured on the project which involved rip-rapping 3 75 feet of eroding stream bank. The District contributed $14,000 (1/3) of the cost. A cost-share grant in the amount of $2,900 was also approved for a stabilization project on Clearwater Creek in the City of Centerville, which is sched uled for construction in 1995. Water Resource Management Plan Amendments During 1994, the District completed the public input and review process and adopted a number of minor amend ments to the Management Plan. The overall plan was rewrit ten to incorporate information from both the original 1974 Plan for Water Management and the 1986 Water Resource Management (509) Plan, and the sections documenting existing and future conditions and hydrologic systems were greatly expanded to include additional background infor mation and data from recent studies. The basic objectives and policies of the District as stated in the Plan were not changed. However, a number of changes in management strategies were adopted. Significant changes are summarized below: •:• Runoff Management. This text was revised to meet the more stringent Metropolitan Council guidelines for water quality ponding. Water quantity text was altered to reflect results of the three-phase runoff study conducted by the District. In general, the blanket rate control policies have been eased to reflect the hydrologic response of the sub watershed. •:• Public Ditch Management. This section had an inspec tion schedule added to aid the implementation of annual inspections. •:• Water Quality Management. This section was revised to reflect a change in monitoring philosophy to a more intense rotating schedule. Cost elements for implementation of the Upper Watershed Improvement Project are also included. •:• Wetland Management. This section was revised to meet minimum requirements of the State Wetland Conservation Act of 1991, and other changes in the wetland permitting program. •!• Agricultural Erosion. Text was added based upon the District's intent to address nonpoint source pollution as part of the Upper Watershed Improvement Project. •!• Flood Management Profiles. This section described the three-phase runoff study conducted by the District. Te xt was reformatted to discuss results of the study and its intended use. •!• Inspection and Maintenance. This is a new section added to clarify the various responsibilities of the District, and give guidance on other governmental unit roles for inspecting and maintaining conveyance structures and routes. •!• Channel Management. This new section discusses the Stream Bed & Bank Stabilization Program and outlines the District's intent to address major bank failures along Rice Creek. •!• Public Information and Education. This new section reflects the District's intent to move toward a more aggres sive nonpoint source education program. This effort is a result of lake diagnostic/feasibility studies conducted over the past three years. Permit Program Revisions Concerned with the high cost of administering its permit program, the District undertook a study aimed at identifying ways to reduce both overall program costs and the amount of subsidization from general tax funds. As a result of this study, a number of changes to the program were adopted. •!• The current practice of billing permit applicants for engineering review charges on an after-the-fact basis was replaced with an up-front variable fee schedule which reflects the relative costs to review various types of projects. This change will eliminate the administrative costs associat ed with tracking, billing and collecting review charges on an after-the-fact basis and gives the applicant a known cost up front. •!• The practice of paying interest on cash sureties (held to assure compliance with pellilit conditions) was discontin ued. This change will reduce the administrative costs asso ciated with tracking and calculating accrued interest, prepar ing and mailing 1099 forms, etc. Interest earned by the District on these funds will be used to offset expenses asso ciated with permit issuance and to reduce the operating deficit of the program. For large projects, applicants will have the option of posting a pedonnance bond or letter of credit to secure surety requirements in excess of $5,000. •!• In order to reduce engineering review costs associated with the program, most of the work associated with admin istering the Wetland Conservation Act, as well as pre-permit meetings, site checks, phone inquiries and coordination with municipalities will be shifted from the consulting engi neer to the District Office staff. Review of Consulting Services Metro area water management organizations are required by statute to conduct biennial solicitation of interest proposals for consulting services. In late 1994, the District solicited proposals for engineering, legal and accounting services. After a review of proposals received and interviews with several law firms, the Board of Managers found no compelling reason to change from the existing consulting arrangements. Therefore, consulting services for 1995 will continue to be provided by the fol lowing firms: Engineering-Montgomery Watson Legal-Harold Sheff & Michelle lllrich General Accounting-Boyum & Barenscheer Financial Audit-Tautges, Redpath & Co. PERMITTING AND INSPECTION PROGRAM Using the District's Rules and Regulations and its Water Resources Management Plan as management guidelines, the Board acted on 233 Pennit Applications during 1994. A breakdown by County of these pennits and reviews, and also a table listing Applications, Project Reviews, and Comprehensive Stonnwater Management Plans comparatively since 1972 follows. Each permitted project site is inspected at least twice during the course of construction for compliance with pennit conditions. Projects found to be in non-compliance are con tacted and urged to comply with pennit provisions. If the permittee fails to respond, the District may issue a "Stop Work" order and/or initiate court action to compel compliance. The District Inspector also perfonned a spring flood inspection program at critical points within the hydrologic system, and responded to numerous complaints/concerns about water issues from the general public. Minnesota Wetland Conservation Act. The District administers the Minnesota Wetland Conservation Act (WCA) in conjunction with its other regulatory programs. During 1994, fifteen Cease & Desist Orders were issued for wetland fill or drainage activities. Seven of these sites were restored under for mal Restoration Orders, four were found to be exempt, and four are still outstanding. Other WCA activity included the approval of eight wetland replacement plans for wetland fill in connection with roads or other development projects. The 3.9 acres of wetland filled or drained in connection with these projects was replaced by creating or restoring over eight acres of wetland. The District continues to put strong emphasis on avoidance of wetland impacts in admin istering its regulatory program. Replacement plans are approved only as a last resort, when total avoidance alternatives have been exhausted. PERMIT AND PROJECT REVIEW ACTMTY Permit Project Applications Reviews 1972 8 1973 77 1974 111 1975 120 1976 140 1977 148 5 1978 163 68 1979 139 32 1980 140 29 1981 174 44 1982 136 40 1983 157 29 1984 152 48 1985 136 41 1986 167 45 1987 171 25 1988 213 26 1989 142 41 1990 185 37 1991 168 27 1992 217 29 1993 251 29 1994 233 (included w/P.A,s) Totals 3,548 595 Note: Project Reviews were classified separately begin- ning in August of 1977. Prior to August 1977, Project Reviews were classified as Pennit Applications. PERMIT APPLICATIONS AND APPROVALS Ramsey Anoka Washington 1994 County County County Totals Land Development Plan 7/8 17/18 13/14 37/40 Final Site Drainage Plan 37/40 33/41 12/14 82/95 Rough Grading Plan 0/0 0/0 0/1 0/1 Bridge or Culvert Construction 2/2 2/5 1/3 5/10 Work in County Ditches 1/1 0/1 1/1 2/3 Surface Water Appropriation 18/18 0/0 0/0 18/18 Chemical Lake Treatment 0/0 0/0 0/0 0/0 Riparian Improvements 1/2 1/1 2/2 4/5 Wetland Alteration 5/9 12/16 9/11 26/36 Other 10/16 6/6 3/3 19/25 Permit Totals 81/96 71/88 41/49 193/233 Key: Applied for ->00/00<-Approved (Does not include withdrawals or No Permit Required) A Technician gathers flow data and water samples as part of the District's annual Water Quality Monitoring Program. (Page 13) One of many ditch repair projects completed by the District in .Ra.msey County as part of the Long Lake Chain of Lakes project. (Page 3) Rice Creek, in the Fridley area, is popular with canoeists. PUBLIC DITCH INSPECTION & MAINTENANCE After the establishment of RCWD in 1972, Anoka, Ramsey, and Washington Counties transferred jurisdiction for all County and Judicial Ditches to the District for those ditches within the District's borders. The public ditch network existing within the District is extensive, comprising some 121 miles of drainage ditches. During 1994, the District performed the following inspec tions and maintenance work on the ditches: Anoka-Ramsey J.D. #1 Comprehensive inspection and profile investigation completed. Deadfall removal and culvert maintenance performed. Approximate cost: $2,000. Anoka-Washington J.D. #2 Comprehensive inspection and profile investigation completed. Deadfall, beaver dam, and sediment removal performed at various locations. Approximate cost: 15,800. Anoka County Ditch #31 Comprehensive inspection and profile investigation completed. Deadfall and sediment removal and correction of culvert obstructions. Approximate cost: $18,000. Anoka County Ditch #46 Comprehensive inspection and profile investigation completed. Deadfall and sediment removal and culvert maintenance performed. Approximate cost: $10,800. Anoka County Ditch #25 Comprehensive inspection and profile investigation completed. No maintenance activities recommended. Ramsey-WashingtonJ.D. #1 Comprehensive inspection, profile investigation, and hydraulic study completed. Repairs rec ommended for culvert crossings at Portland Avenue and Buffalo Street as well as channel maintenance consisting of deadfall and sediment removal. A small weir structure is recom mended to protect upstream wetlands. Action tabled to 1995 pending further investigation and analysis. In addition, the District, responding to specific complaints from landowners, removed beaver dams and trapped beavers in sev eral additional ditch locations. A severely eroding bank along lower Rice Creek. This bank fail ure was addressed by the place ment of gabions (rock filled wire baskets) at the foot of the slope to provide stability. (See gabion placement on page 4) Another view of lower Rice Creek, showing its fall colors. Managers Cardinal and Oberg on the spring inspection tour of Rice Creek, just downstream of the � . -II Long Lake Sedimentation Basin. (Page 7) WATER QUALITY MONITORING The 1994 monitoring program was the third year of a focused monitoring program. This format focused intense monitoring on only a few lakes and stream reaches and was designed to complement the historic data set collected by RCWD prior to 1992. Lakes monitored during 1994 by RCWD were Spring and Pike Lakes. The District sponsored additional monitoring on Pine Tr ee, Sunset, Clear, and Moore Lakes through the Metropolitan Council's Citizens lake Monitoring Program. Results of citizen monitoring are presented in a report by R.J. Anhorn (1995) entitled, A 1994 Study of the Water Quality of 51 Metropolitan Area Lakes. Spring Lake Spring Lake had relatively good water quality in 1994 and would be classified as fully supporting swimming. The good water quality is due to the relatively small drainage area to the lake and because the lake was dimictic (i.e., mixed verti cally only twice) during 1994. However, the shallow nature of the lake makes the lake susceptible to more frequent mix ing. During years where climatic conditions cause more fre quent mixing (i.e., warmer summers where the lake is more thoroughly heated), water quality conditions in Spring Lake will likely be poorer than that observed in 1994. Sport fishing in the lake is limited by winter fish kills. An aerator system could be installed to improve fisheries. However, fish kills are primarily due to the shallow nature of the lake. Future water quality protection of Spring Lake should focus on public education and strict enforcement of RCWD rules and policies. A new development is anticipated at the north end of the lake in 1995-96. Strict enforcement of erosion and sediment control rules will be an important part of pre serving Spring Lake. Pike Lake Pike lake is a degraded lake and is largely a reflection of the large drainage area to the lake, the relatively small lake sur face area, and shallow depth. Given these attributes, water quality in Pike Lake would not be expected to be better than that observed in"1994. In 1994, the water quality of Pike Lake did not support swimming. A majority of the pollutant load is delivered by County Ditch 2 from the south. Flows from County Ditch 2 were at least five times higher than flows observed at the other locations. During the field work, a sediment delta was observed in the lake adjacent to this inlet. Sediment delivered by this sub watershed could be reduced by improving the efficiency of existing upstream ponds that are tributary to County Ditch 2.Ponds could be improved by conducting maintenance to increase dead storage, restricting outlets to enhance sedi mentation, or adding skimmers to retain algal tissue. General recommendations include the continued applica tion of general District water quality rules and policies throughout the Pike Lake watershed, inspection and main tenance of stormwater ponds in the subwatershed, and implementation of spring street sweeping by New Brighton. ?-' 1994 TROPHIC STATUS INDICES FOR PIKE & SPRING LAKES Trophic State Indices (TSI) are indices comparing the biological productivity of lakes. These indices were developed using TP (Total Phosphorus), Secchi transparency (water clarity), and chlorophyll-a (a measure of algae quantity) data. TSI Parameter Pike Spring Total Phosphorus 72 57 SecchiTransparency 63 50 Chlorophyl-a 63 52 Average 65 53 Lakes with TSis of 0 to 40 are oligotrophic, 41 to 50 are mesotrophic, 51 to 70 are eutrophic, and greater than 70 are hypereutrophic. Eutrophic lakes have high nutrient content and high algal productivity. Trophic State Indices can also be used to detennine suitability for recreational uses. The MPCA (1990) classifies lakes as fully sup porting swimming, partially supporting, or nonsupporting. A TSI of less than 60 indicates a lake fully supporting swimming. The District has established the following general goals for the coming year: •:• Increase responsiveness of District to its con stituents. -Emphasis here will be on communications/coordination with counties, cities, agencies, developers and the general public regarding plans, projects, regulatory programs, etc. •:• Improve the cost-effectiveness of District opera tions. •:• Become more pro-active in identifying and imple menting District projects and programs to address specific water quality/quantity issues. -Emphasis here will be on taking a more aggressive role in areas such as public education, lake and wetland restora tion/management projects, ditch maintenance, alternative stormwater management, etc. From these general goals, the following specific projects and plans have been scheduled for 1995: •:• Complete maintenance work on Anoka County Ditches 31 and 46 and Ramsey County Ditch 11. •:• Complete deadfall removal on lower Rice Creek. •:• Develop parameters for Silver Lake diagnostic study and negotiate cost-share consortium. •:• Conduct a run-off volume study to help deter mine if District policies/standards on runoff man agement should be changed. •!• Finalize plans, solicit bids and award contract for Ramsey-Washington Judicial Ditch 1 repairs. •:• Publish and distribute an RCWD Annual Report that is "reader-friendly" and can be used as a vehi cle for informing the public about District activi ties. •:• Develop Water Resource Management (509) Plan amendments to update Plan through year 2000. •!• Conduct Water Quality Monitoring Program in accordance with District's five-year Plan •:• Administer Wetland Conservation Act Permanent Rules along with District's on-going permit pro gram. •:• Implement bank stabilization project at Station 322 + .00 of Rice Creek in New Brighton. •:• Conduct comprehensive ditch inspections and profile investigations for the following public ditches and perform maintenance work as neces sary: Anoka-Washington Judicial Ditch 3 Anoka County Ditch 47 Ramsey County Ditches 1, 2, 3, 4, 5, & 8. •:• Complete engineering analysis on Anoka County Ditch 53-62, and decide on course of action. •:• Develop and distribute public information news articles. •!• Implement Phase 1 of the Upper Watershed Improvement Project. Water Maintenance & Repair Fund $3,083 62,094 0 162,177 509 Planning / Projects Fund $59,615 342,891 11,387 48 2,811 1,601 56 4,350 10,734 4,696 6,898 6,317 2,286 4,744 48,56 9 44 1,802 $'.209.067 1994 $119,446 3,083 0 62,094 14,133 650 342,891 22,774 0 96 5,622 1,690 0 3,202 218 112 0 15,284 21,468 9,392 869 13,795 12,785 4,572 9,488 97,138 88 2,735 $763.843 TOTALS 1993 $130,835 1,653 7,842 35,074 0 0 197,099 28,615 24,874 20 5,308 8,750 7,150 1,890 436 1,542 13,944 16,755 27,158 10,860 1,421 13,406 9,250 1,787 6,707 31,222 8,750 2,156 $628.611 SCHEDULE OF EXPENDITURES -ALL FUNDS For The Year Ended December 31, 1994 Basic Admini-Priebe Water strative Lake Mgmt Fund Fund Fund Current: Engineering: Hydrological $59,831 Rice Creek Maint. Survey & data acquisition Ditch Maintenance/Repair SBBS Grants 14,133 Other 650 509 Projects t Accounting 11,387 Administrator Advisory Committee 48 Audit 2,811 Capital outlay 1,690 Contingency Dues & memberships 1,601 Employee Education 218 Establish Computer Base 56 Inspector's fees Insurance 10,934 Legal fees 10,734 Managers' per diem 4,696 Managers' travel & sub. 869 Office Expense 6,897 Payroll taxes 6,468 Publish notes/printing 2,286 Rent 4,744 Salaries and Wages 48,569 Secretarial services 44 Travel-Other 933 Total expenditures $174,816 � $14,133 t See 509 Project Schedule on previous page SUMMARY OF REVENUES, EXPENDITURES & CHANGES IN FUND BALANCE 1994 1994 FUNO BALANCES Fund Revenue �di� Ul/?1 �- Administrative -$240,114 '174)316 j 53,j33 Survey & Data Acquisition 49 0 1,384 'l3asic Watec Management 33,375 --14,133 --105,205 -�---�- Water Maintenance & Repair 20,123 65,177 124,928 509 PJa.nning/Projects 383,639 ----509,067 --399,904 :Priebe Lake Outfall 405 0 11,581 Ramsey County Ditch 8 34 0 959 --- Total All Funds $677,739 $763,843 $697,294 SCHEDULE OF PROJECTS' EXPENDITURES 509 PLANNING AND PROJECTS FUND For the Year Ended December 31, 1994 Projects: 509 Plan amendments Ditch engineering and inspection Lake & stream monitoring Local water plan review __ Locke Lake, legal fees Locke Lake, engineers fees Long Lake sediment basin cleaning Phase m gauging SBBS program review SLR bank repairs Upper watershedimpl'QV'ement project Other Total projects' expenditures 1994 $13,311 40,176 4.7,228 14;�72 8,865 1,697 200,132 2,156 1,973 2,393 io,088 0 $342,891 12/31/94 � $U8,,31 1,433 � 124,447 -79,874 --274,476 11,336 993 - $611,190 1993 $6,667 29,187 38,305 0 0 19,893 11,555 11.891 1,317 46,061 2,500 32,223 $199,599 FINANCIAL SUM . Y This section summarizes the District's financial activity for 1994. The information included in this section is general in nature. A complete copy of the District's audited financial statement is available for review at the District Office. ACCOUNTING SYSTEM The District's accounting system is organized and operated by funds and account groups. A fund is a segregated account for the purpose of accomplishing specific activities or attaining objectives. This report is organized by fund. The Administrative Fund is the general operating fund of the District. It is used to account for financial resources to be used for general administration and operation of the District. This Fund may also be used for construction and maintenance of projects of common benefit to the District. This fund is financed by an ad valorem tax levy not to exceed $200,000 per year. Special Revenue Funds are established to account for the pro ceeds of specific revenue sources that are legally restricted to expenditures for specified purposes. There are seven of these funds. 1)Sur vey and Data Acquisition Fund: used when no other funds are available to the District to pay for necessary survey and data acquisition. Financed by an ad valorem tax which can be levied once every five years. The balance in this Fund legally cannot exceed $50,000. 2)Water Maintenance and Repair Fund: Used for the main tenance and repair of any watercourse or water body lying wholly or partially within the District. Financed by an ad val orem tax levy which cannot exceed $15,000 per year. 3)Basic Water Management Fund: used to pay costs attrib utable to projects initiated by petition of a municipality, financed by an ad valorem tax levy. 4)Chapter 509 Planning & Projects Fund: used to prepare and implement Water Resource Management Plan (required by the Metropolitan Surface Water Management Act) for achieving basic District objectives. Also used to finance the capital improvement program of the District. Financed by an ad valorem tax levy. 5)To rt Liability Fund: used to provide funding for District's liability insurance policies. 6)Priebe Lake Outfall Project Maintenance Fund: was ongi nally used for the Priebe Lake Outfall Project, as petitioned by Cities of Birchwood Village and White Bear Lake, and is now used only for maintenance of the pipe/outfall. Financed by assessments against benefitted property owners. 7)Ramsey County Ditch 8 Maintenance Fund: was original ly used to improve County Ditch 8, and is now used only for maintenance of the ditch. Financed by benefitted property owners. AUDIT The general purpose financial statements of the Rice Creek Watershed District for 1994 were independently audited in accordance with the requirements of Minnesota Statute 112.73 (103D.355). The audit was accomplished by the firm of Ta utges Redpath & Co. The results ofthe audit indicated that with respect to items tested, the Rice Creek Watershed District 1994 financial statements present fairly the financial position of the District as of December 31, 1994, and results of its oper ations for the year then ended are in conformity with general ly accepted accounting principles. Revenues, expenditures and changes in fund balances are summarized in the following tables. ADVISORY COMMITTEE Purpose Watershed district advisory committees were established by Chapter 112, Minnesota Watershed Act of 1982: "The com mittee shall advise and assist the managers upon all matters affecting the interests of the district and make recommenda tions to the managers upon all contemplated projects and works of improvement in the district." Background and History The Rice Creek Watershed District has had an Advisory Committee (AC) since the founding of the District in 1972. MEMBERS OF THE ADVISORY COMMITTEE Name Elizabeth Cowie Robert Glazer Jeffrey Houchins Richard Jarosak, Sr. Thomas Landwehr David Schumann Lee Stevens Mary Vasecka Isabella Wille Municipality North Oaks Mounds View Lino Lakes New Brighton Shoreview Hugo White Bear Lake Fridley Mounds View Appointment Date 01-23-91 03-10-93 03-10-93 03-10-93 03-10-93 10-17-91 03-09-94 03-10-93 02-12-92 1994 Activities The Advisory Committee held monthly evening meetings which were also attended by a representative of the District Board of Managers. At least one Advisory Committee mem ber was present for most of the three regular monthly meet ings of the Board of Managers. The AC assisted the Board of Managers by performing the following: •:• Assisted with Metro Council and RCWD water quality study by coordinating a volunteer program to collect samples from five lakes. •:• Made recommendation to RCWD Board for water quali ty monitoring of subwatershed tributaries and runoff vol ume study. •:• Served on RCWD special task force to review and revise permit fee structure and surety requirements. •:• Attended and reported to Board on Minnesota Water 1994 Seminar. •:• Developed newspaper articles on various water manage ment topics to be used as part of District's public infor mation program. •:• Studied and compiled 1995 goals for AC and RCWD Board. STATUS OF LOCAL WATER PLANNING After the District's Water Resource Management Plan has been approved and adopted pursuant to M.S. 103B, local units of gov ernment having land-use planning and regulatory responsibility are required by statute to prepare a local water management plan, including a capital improvement program and a mechanism to bring the local water management plan into conformance with the District's master Water Management Plan. This plan should reflect the basic elements of the District's Water Management Plan and should include, but not be restricted to, planning for the waters of local significance. The following table summarizes the status of local water plans. Planning Plan Plan No Underway Received Approved Action Arden Hills v' Birchwood Village v' Blaine t/ Centerville v' Circle Pines v' Columbia Heights v' Columbus Township v' Dellwood v' Falcon Heights v' Forest Lake v' Forest Lake Township v' Fridley t/ Grant Township v' Ham Lake NAt Hugo v' Lauderdale t/ Lexington t/ Lino Lakes t/ Mahtomedi v' May Township NAt Mounds View v' New Brighton v' New Scandia Township v' Roseville v' Saint Anthony v' Shoreview v' Spring Lake Park v' White Bear Lake v' White Bear Township v' Willernie v' t NA = Not required to submit plan to RCWD because of the small area of these municipalities located within the RCWD border LAKE CAPABILITY Based on long-tenn Trophic State Indices, maximum lake depth, and watershed area to lake surface area ratios Waterbody Name White Bear Turtle Johanna Oneka Josephine Round (Arden Hills) Rondeau Spring Clear Bald Eagle Moore Pine Tree Island Rice Sunset Silver Karth Centerville Otter Golden Valentine Pike Reshanau Mud Long Marshan George Watch Peltier Crossways Baldwin Howard Meets or Exceeds Estimated Water Quality Capability ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' Lake ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' Type 5 Wetland Highest Potential for ( < 10 ft max depth) Improvement ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' ti' WHAT IS PHOSPHORUS AND WHY ARE WE CONCERNED Phosphorus is a chemical nutrient that stimulates plant growth. It is found in the natural environment, but is often used to artificially improve or stimulate plant growth in agricultural areas, and residential lawns and ganlens. Phosphorus is possibly the most harmful nutrient aft'ecl:mg lakes in Minnesota. It is the least available nutrient-the "limit ing nutrient"--and often controls the extent of plant growth in lakes. When phosphorus enters a lake in pollut ed runoff from urban and rural areas or from inadeqoatdy functioning septic sys tems, the growth of algae and other aquatic plants in the lake will increase greatly. Aquatic plants provide habitat for fish and wildlife and are vital in a bi9log ically well-balanced and productive lake. But rapid and excessive growth of algae and aquatic plants can change the char acter of a lake and impair its recreational uses. As phosphorus levels increase, aquatic plants and algae become more and more evident and begin to dominate the shoreline. Water clarity may be reduced. The lake can begin to shrink in size as shoreline areas accumulate decay ing plant materials. Fish populations can be dominated by species tolerant of these conditions-often rough fish. Wetland Restoration Wetlands are an extremely valuable resource in the Rice Creek Watershed District. Wetlands serve as habitat for fish and wildlife, provide for the storage of stormwater runoff, and have the ability to remove nutrients, sediment, and other pollutants from stormwater runoff. In addition, some wetlands function as groundwater recharge areas, and all wetlands contribute to biological diversity by supporting many unique plant and animal species. Unfortunately many of the District's wetlands were his torically ditched and partially drained to convert the land to other uses. Restoration of some of these wetlands is one of the goals of the Upper Watershed Improvement Project. The restorable wetlands investigation was conducted to collect specific information on restorable wetlands in the Hardwood and Clearwater Creek subwatersheds. This investigation consisted of review of maps and aerial photos, as well as field reconnaissance for verification. The infor mation was used to evaluate the wetlands for the relative potential for water quality benefits following restoration as well as the technical feasi bility of restoring. After review of the available data, four potential wetland restoration pro jects were identified as having high priority. High priority wetlands were defined as those having good-to-excellent feasibility and moderate-to high water quality benefits. An additional eight restorable wetlands were given medium priority. The high and medium priority wetlands will serve as the initial focus for implementation of the Upper Watershed Improvement Project. A candidate wetland for restoration. This wetland complex was heavily ditched and par tially drained during the early 1900's, to bring more land into agricultural production. Biomonitoring In addition to lake monitoring, the 1994 program also included biological monitoring of Rice and Hardwood Creeks and a restorable wetlands inventory of the Hardwood and Clearwater Creek subwatersheds. Biomonitoring included fish and invertebrate sampling to establish the baseline aquatic biota of the creeks. The restorable wetlands inventory was completed to identify and prioritize potentially restorable wetlands for water quality enhancement associated with the Upper Watershed Improvement Project. Fish numbers and diversity ranged from poor to good depending on the site location. However, a majority of the fish captured were species that were tolerant of environ mental stress. The presence of these species and absence of intolerant species indicates that environmental stress is sig nificant along portions of Rice and Hardwood Creeks. Invertebrate (small aquatic insects, snails, worms, etc.) sam pling and subsequent calculation of biotic indices also showed that the aquatic biology ranged from very poor to good depending on the location. The primary reason for variation in the quality of aquatic biology by location was variation in the quality of habitat. The information obtained from the 1994 biomonitoring pro gram will be used to define the baseline aquatic biota as well as to increase the understanding of aquatic ecosystems in the creeks. In the final evaluation, a diverse community is a Technicians gather samples of fish and aquatic invertebrates from Rice Creek as part of the biomonitoring assessment. healthy community. In a healthy stream or lake there should be a balanced population consisting of many differ ent kinds of organisms. Adverse chemical or physical changes that disrupt any part of the ecosystem often decrease community diversity. For example, excessive nutri ents from animal wastes or sewage may produce a super abundance of just a few kinds of organisms rather than a normal balanced community. BIOMONITORING The impact of pollution is most often felt because of its effect on the biology of the lake. Symptoms of problems include algal blooms, lakes choked with weeds, dead fish, and foul odors. While physical and chemical monitoring focuses on no.n-living indica tors, biQlQgical monitoring deals with the measure ment and evaluation of living o�oisms to determine ·the health of the "ecosystems" of lakes and streams. An ecm-ystem is a biological community together with its physical enl'ironment considered as a unit. living organisms serve as ideal health indicators because they integrate all the insults an ecosystem has felt. The types and numbers of organisms pre sent reflect the lake or stream's condition and pro vide an inexpensive means of tracking the impact of pollutants and habitat destruction. , 'j•, [,.:,,../'� :. I···-, s-···•'I0It� .• r· .. , ....... ,� .. -..... __ I -, r'·-···,\ r. '·· •• --1 ... J, . .I .. 1995 Law summaries 1995 Law Summaries Clarification pg. 4 Impounded animals must be kept 10 days before destruction Chapter 244's 10 day provision did not replace the five-day hold requirement in Minn. Stat. § 35.71, Subd. 3, which applies to stray animals. Consequently, one way to make sure of these differing requirements is to adopt a policy that animals seized from the custody of an owner, kennel, or other person because of creel or inhumane treatment will be held for 10 days while animals seized when loose will be kept only five days. City officials should note that the two laws also differ with regard to the notice which must be provided following the seizure of the animal. Correction pg.6 Financial audit provisions for certain cities clarified Chapter 27 clarifies 1994 legislation which authorized cities with a combined office of clerk and treasurer, and annual revenues for all governmental and enterprise funds of less than $100,000, to have an audit only once every five years rather than annually, as under pre-1994 law. The new law states that the audit only needs to cover one year, not all five years. This bill was effective March 30, 1995. League of Minnesota Cities staff working with legislative issues Jim Miller, Executive Director Duke Addicks, Director of Member Services Stan Peskar, General Counsel Pensions Gary Carlson, Director of Intergovernmental Relations E-mail: GARYC226@AOL.COM Local government financing State aid to cities State tax laws and administration Ann Higgins, Intergovernmental Relations Representative Telecommunications Housing Elections and ethics Utilities and public services Joel Jamnik, Senior Intergovernmental Relations Representative Growth management and environmental protection Personnel and public safety General municipal governance Transportation Andrea Atherton, Legislative Liaison Mary Diedrich, Legislative Secretary Julie Johns, Legislative Secretary © 1995 League of Minnesota Cities All rights reserved Printed in the United States of America Page 2 1995 Law Summaries Introduction The 1995 legislative session might best be summarized as a session where bad ideas flourished. Fortunately, few became law. Members of the House authored 1,999 bills and Senators introduced 1.788 proposals before the end of the session, a rate eclipsing that of the 1993 appropriation session. A significant number of the nearly 4,000 bills introduced this session, if enacted into law, would have had some measurable impact on cities. The pre-session events started off on a sour note with a relatively weak budget forecast in November. Based on the weak budget projections, the Governor proposed a budget in January that included a reduction of $77 million in city LGA and HACA. Thc bad news did not stop there. With few additional state resources at their disposal, lawmakers seemed to turn their attention to local government. This, in turn, led to several disagreeable notion3 including aid distribution councils, reverse referenda requirement for city and county levy increases, salary caps for local officials, the property tax freeze, taxation of state and municipal bond interest, two-day elections, preemption of local regulation of shooting ranges, and the list goes on and on. From the outset of the session, taxes were taboo. In fact, even non-tax revenue enhancements such as user fees or service charges were attacked as back-door tax increases. For example, when the League met with legislators to request co~npensation for the use of public rights-of-way for telecommunications purposes, legislators were concerned that taxpayers would interpret this as a tax increase. With these perceived constraints affecting legislators, it was apparent early on that requests for additional funding for cities would be futile. It was also apparent that cities would be forced to defend and protect remaining state shared revenues such as LGA and HACA. When evaluating the outcomes of the session, it may appear to have ended in a draw -- few favorable new initiatives for cities, but als() remarkably few negative or onerous new laws imposed. The drama of the 1995 session may have been more intriguing, however, than many previous sessions. Up to the last day of the regular session, cities battled proposals to slash HACA and LGA funding. Last minute proposals to do so were tied to funding our state's complicated K- 12 education finance system. In addition, legislation to preempt local authority to regulate tobacco sales and zoning of shooting ranges were actively pursued and indicative of other efforts to diminish the importance and authority of cities. Nonetheless, cities can claim victory on several fronts. State aid to cities Despite the Governor's proposal to slash funding for cities, the League and other city affiliate groups succeeded in minimizing the impact of the proposed cuts. In the end, the 1996 HACA distribution will be reduced by $16 million in a one-year cut shared by counties, townships, and special taxing authorities. The 1995 state aid distribution to cities will remain intact despite the Governor's proposal to cut current aid distributions for LGA and HACA by $57 million this fiscal year. For 1996, the LGA inflation growth factor remains intact and will raise the LGA appropriations by approximately $10 million. (The Governor had proposed eliminating that growth factor to divert state resources for other purposes.) Tax increment financing Despite several onerous proposals to further restrict the use of tax increment financing, the final tax bill included a significantly scaled-back set of new restrictions. Some new provisions may actually be preferable than existing state laws--most notably the option for cities to choose matching local contributions for TIF projects, rather than the applica- tion of the LGA/HACA penalty. Proposals to impose restriction on pre-1990 TIF districts were not ultimately adopted. Taxation of municipal bond interest Despite efforts by several key }louse members to enact a law to tax interest on municipal bonds, cities were success- ful in defeating the proposal. The initiative was targeted at a lawsuit filed in Ohio that challenges the constitutionality of differential taxation of in state and out-of-state bond interest. City officials successfully argued that elimination of the tax exempt status would substantially increase local borrowing costs and ultimately increase local property taxes. On the House floor, taxation of municipal bonds was pulled from the tax bill, while taxation of state bonds was ultimately adopted by the full House. In the tax conference committee, the provision to tax state bonds was ultimately removed because it made no sense to tax only state governmental bonds. Property tax freeze Early in the session, Senate leadership proposed a freeze on all local property taxes for one year in order to constrain property tax increases and to force discussions for local government finance reforms. The actual property tax freeze bill was not offered until late March. This bill included a "hard" freeze on property taxes, including a freeze on levies for growth based on new construction within a community. Provisions also reimposed levy limits for pay 1997 taxes to prevent any second-year increase in property taxes. To ensure that levies were totally frozen, the bill also restricted levies for newly issued debt. The mere thought caused havoc for city officials who had plans to issue new debt in 1996. Strong responses of opposition from city officials across the state played an essential role in killing the proposal. 1995 Law Summaries Page 3 1995 Law Bills that have been signed ~nto law by the Go 'rrnor Crime Criminal justice finance and lax~ Chapter 226 is a 18(}-page law Ibm pr,.,vide-, m~,nc~ courts and law CIIfOrCCIBCllI, atld [llakc-, ~ coral to the state's criminal law qatutes. ('h). rvlated ~suc, m law include: · Authorizing the nonlckmx cnhn[t, nlcnl adx commiuee lo seek addhi~,nal m~Mm:: ln,m Imblit and private sources. · Providing S55(),0[~110r Matc~'~de jB~Cllilc, mcanor, and domeMK abuse III l( 1I 1; }alll ql pl'l · Providing al leaM $150.00{1 hw ell, , i}Ulmtlml} prevention grant~. · Providing $500,G}0 l'i,r grant~ h, h,cal law cnf~rccnlenl agencies for peace vfl'iccrs asqgned h~ sch~ · Providing $~10,000 fi,r imhvidual i50{10 gFlllllh agencies givin~ condim,mtl {~tfcr', ,~1 empl,~} mcnl peace officer ~tudenls. · Providing $4.6 million lo h)c~l a~cmlc~ h~r peace officer continuing cducafi, m · Changing thc bullelpn~of vesl rcimhm',cmcnls stalulc eliminate the officers ,~,ntrihullon. reqmrc fl~c emph lng city to pay up t, ~me-h>ll (u.~ -ne-Lb)rd) up $300 (now ,5165.(!01. · Requiring state ccrtdicalitm M' i'llea,~rks (h,pla~ operators, inc it}ding c ~ty displays. · Changing thc compoqlkm ot lhe POST Board h~ removing one small t ~t5 masor and attdm~ .~ administrator. · Providing for thc atllcmlalic rcv,~c:lll, mol peace licenses upon a telo% "c~,nvichon" ~ hich I~ br~)adt5 defined. · Requiring POS'I' m prepare a model pnlicy peace officers conduc~ and requi~in~ heal law enforce- ment agencies to adopt local policies by July I, 1996. %rious effective dates. Forfeiture law expanded Chapter 230 alit)v, s for Ibc h)rfc iturc all-terrain vehicles, and motorboms inv~dved with certain dc-.mn..lled IJWt-relulcd ollenses. I',~rle~lure proceedings are ~l~c ~t'sp,~n-,Iblhl.,, ~,1 tl'w a~tom~ agent> .md 1he am)racy in l]lc jl:r~udk'l~ }n i1~ ~ hk h t'Ac dcs~ltalcd otlense occu~ed ~ hr, is resp~ m~,ible h,r l'r,)seculing vi~ qal I,)ns ol a designated Amendments h) criminal hm s, impounded animals must he kepl lO da~s beS)rc deqrm'li.n slalult, s. 't]~e I I~l)arlmcllt ~t P tb}K haleW % fll develop a ,~c 5t~l')jctt lo iol Jetlurc il' il is used I~ IJec a pc'tee ot'fit el m thc c~,ursc ,,1 art t~i'fense which is 'Die dcJ'inhi~m ol pti}Ilk il[IJMillC'e iS nl~dil'ied bo that pn ,, ~i, ,1 mo, ,r im ,re separate N' ha ~ i(,ral Inc idents, instead J~J le(Jllil III~ Ci mlithlI t',:llX ILII~JlIs ~k Ilhill iht' past twelve mt.)lllh5 {~hortcncd Jp ,m Iw,} 5ears). xx ill meet the definition. PI'~, )1 ex isis if Ibc eJemt'~ll~, ~f the c~ ,lldtlcl c'an~fituting the nuisunce are eslabhshtd h~ t le,u and convincing evidence. ~,wllcrs t~J bu,hhng, ailcped It, be IltilSZ}IlCCS are clarified. Procedures f, ~r scr~ it col ~earch xk_m'ants are clarified 1o alh~w ~ervwe ancot here ~k Ilhlp lJw l%.Blng judge's county. Bul pn~bably Ihe tllOM imp~}rlanl chm~gc is that the time pen,,d :tl~er ~ Jut h st'i/ed dmllhl}S l!la5 be d~posed of is rm~cd Ii,r i,,,d, ~r IIhcr pm, lucl, is pn,h itfiled unless the itl)ilU;l] hil5 becll cX;UlHllcd hk a ~elernmrlan pursuant h) a Wall,mi. and file In)lice and hcarln~ pr(,ccdurcs governin~ ~. J095, Olhcr provisions are Economic l)evelopment Audit of city economic de~elopmen! efforts Section 44 ~,f (hapler 224 requests tile legialative audit commission Io direct the legislative auditor to conduct an Page 4 1995 Law Summaries Law summaries continued evaluation of business assistance programs of state and local government and report the results to the legislature by January 15, 1996. The evaluation must include tax incre- ment financing assistance, and address other legislatively specified issues. Omnibus economic development appropriations Chapter 224 provides appropriations for the Minnesota Housing Finance Agency to total $30.1 million for 1996-97 and $17.5 million for 1997-98. The following programs were funded at these levels: Rental Housing Assistance for persons with mental illness: $2.4 million Affordable Rental Investment: $6.0 million (50 percent units financed to be outside metro area) Community Rehabilitation: $5.8 million Capacity Building Grants: $250,000 Rural and Urban Homesteading: $372,000 Rental Assistance: $3.0 million Fmnily Homeless Prevention: $400,000 Mortgage Foreclosure Prevention/$200,000 Rental Assistance: $4~30,d~,~ (line item veto) Residential Lead Paint/Contaminated Soil Abatement: ,~,~,~,v,~, .......... (line item veto) Housing Rehab & Accessibility: $8.6 million Home Equity Conversion $ 50,000 Livable wages/corporate welfare Chapter 224, section 58 requires government agencies that provide grants or loans in excess of $25,000, or tax increment financing, to a business, to set wage level and job creation goals for the business, which must be met within two years of receiving the assistance. Local governments must report the goals and the results for each project to DTED, which must publish the findings each June 1. Elections Allocation of election expenses, schedule of certain city elections, terms of office Most of Chapter 8 provides for school district election changes to comply with uniform election law, however, several sections pertain to city elections. Section 3 replaces current language regarding the allocation of the cost of conducting combined elections with school districts. Section 3 also provides for the Secretary of State to develop proce- dures for allocating costs among counties, cities, townships, and school districts for concurrent elections. Section 5 modifies the schedule for city general elec- tions and authorizes cities to hold elections every other year rather than annually. Home rule charters are not exempt from this provision, so this provision applies to both home rule and statutory cities. Other provisions in this section autho- rize two or four year mayoral terms, and four year councilmember terms. Section 6 modifies the transition schedule for cities electing more than one councilmember in each ward. The transition schedule in such cities provides for only one councilmember per ward to be elected in any general city election, in order to make the change from odd to even year elections, or vice versa. Sections pertaining to city election schedules and terms of office are effective the day following final enactment. For cities with annual elections, the transition to even or odd numbered year elections must be completed by November, 1998. Time off to vote in legislator elections Chapter 20 allows every employee eligible to vote time off work to vote in elections to fill vacancies in the offices of state senator and state representative. This law became effective March 28, 1995. Election judges Chapter 34 authorizes elections judges to serve outside the county in which they reside. Effective August 1, 1995. Presidential primary Chapter 224, Section 73 delays the date of the next presidential primary until after 1999. A future legislature will determine whether to appropriate funds for local balloting in the year 2000, which is the next presidential election year. Effective August 1, 1995. Environment Solid waste assessments. Chapter 111 clarifies some issues surrounding the state's solid waste assessment of $2.00 annually per home and $.60 cents per cubic yard of waste collected from businesses. The 1995 Law Summaries Page 5 Law summaries continued law addresses churches, apartments buildings, and other waste generators. Bag or sticker based collection systems are addressed by allowing some flexibility in establishing an equipment per bag charge ($.03 per 35 gallon bag, example). Effective retroactive to January 1, 1995. Environmental Appropriations Bill Chapter 220 contains several sections applicable to cities, including: · Providing $ 1.946,000 for the clean water partnership program. · Creating an advisoD' task force to "examine the point source permitting programs in the water quality division of the MPCA" that will report by November 30. 1995. · Requiring an MPCA report by January. 1. 1996. of all wastewater treatment facility upgrade and construction projects necessary to meet existing and proposed water quality standards and regulations, and other related information. · Providing $28 million in SCORE }:!lock grants to counties. · Allocating $1.8 million in local govermnent matching grants for local park and recreation areas, natural and scenic areas, trail linkages, and a conservation partners wildlife habitat improvement program. Various effective dates. Petrofund amendments Chapter 240 extends l'rom five to seven the number of years contractors must retain documents relating to cleanups of underground storage tanks, changes the reimbursable percentage for cleanup involving residential sites, requires competitive bidding or proposals for cleanups seeking reimbursement from the petrofund, extends petrofund eligibility for large tanks owned by political subdivisions, and clarifies emergency responder immunity for oil dis- charges. Effective May 26, 1995. Solid waste designation Chapter 247 is this year's amendments to the Waste Management Act. The changes are mostly technical, with fewer policy initiatives. The section of most importance for cities deals with waste designation and prohibits public entities, including cities, l'¥om entering into waste manage- ment activities that are inconsistent with an approved county plan except for activities to reduce waste generation or reuse waste materials. Before a city enters into an activity that is lower on the preferred practices list than that in the county plan. the city is required to consider its potential liability in doing so. make a plan for dealing with it, and submit that information to the agency. Effeclive June 2, 1995. Finance Financial audit provisions for certain cities clarified Chapter 27 clarifie, that legislation passed last session regarding cities with a combined office of clerk and treasurer and annual revenues for all governmental and enterprise funds in excess of $100,000 are required to provide an audit to the state auditor only once ever)' five years, and that the audit only needs to cover one year. not all five years. This bill was effective March 30. 1995. Budget report date moved and summary budget publica- tion requirements for certain cities modified Chapter 134 gives cities another month to fopa'ard summary, budget information to the state auditor, lnstead of December 31 of the year preceding the budget year, the deadline will be January. 31 of each budget year. Addition- ally, cities in the metro area will now have the option of publishing their summary budget statement in a city newslet- ter or other city mailing sent to all households in the city, instead of the official newspaper or qualified newspaper of general circulation. If the city newsletter is used, it must be the lead story. If a mailing is used, the summary, budget statement must be printed on different-colored paper than other information contained in the mailing. If either a newsletter or mailing is used. a copy must be sent to any nonresident requesting the summary budget stalement. This law becomes efl~ctive on August 1, 1995. State Department appropriations bills Chapter 254 appropriates money and mandates pro- grams for state agencies and departments. The bill: · Requests that the legislative audit commission consider directing the legislative auditor to conduct a full program evaluation of the Department of Human Rights in 1995. · Reduces the state general fund diversion of the building code surcharge funds to a little over a million dollars and transfers excess surcharges to the building codes and standards division. Page 6 1995 Law Summaries Law summaries continued Appropriates $2.5 million for ice arena construction grants of up to $250,000/arena. Appropriates an additional $790,000 for the Mille Lacs Treaty litigation. Clarifies state zoning laws to differentiate between building and land use or zoning permits. Increases the state's ability to collect unpaid debts, including those owed by cities. Public finance amendments Chapter 256 contains the annual amendments to state laws regulating the issuance of debt by cities and other political subdivisions. Counties and schools are given powers similar to cities to bond for ice arenas and other recreational facilities, tax credits in enterprise zones are renamed or redesignated as incentive grants, and self- insuring political subdivisions or their pools are authorized to issue bonds for necessary reserves or for the payment of claims. Ice arena bonding procedures are also modified, allowing for reverse referendums rather than authorizing elections. Effective June 2, 1995. Omnibus tax bill Chapter 264 is this year's omnibus tax bill. It contains many sections affecting cities. Aid reduction to local governments Cities, counties, towns, and special taxing districts will share in a one-time $16 million cut in HACA in 1996 (see printout for city-specific reductions). Economic development - Tax Increment Financing local contribution Development authorities will be able to elect at the time of approving the T1F plan to exempt the district from the LGA/HACA penalty by making a local contribution to the district equal to a percentage of the annual increment revenue. Economic development, housing, renewal and renovation districts would require a 10 percent contribution. Redevelopment, hazardous substance, soils, and mined underground space districts would require a 7.5 percent contribution. These local government contributions must be made out of the development authority's unrestricted money, and cannot be made, directly or indirectly, with tax increments or certain developer payments. The maximum contribution by the development authority is limited to two percent of the adjusted net tax capacity of the city. If the state contributes to the projected costs, through a direct grant or similar incentive, the required local contribution is reduced by one- half of the dollar amount of the grant or incentive. Devel- opment authorities may also request contributions from the county, school district, or other units of government. Special law duration extensions Under any duration extension request to the legislature, development authorities will have the option of having the LGA/HACA penalty applied or having state school aid recomputed with the TIF district's captured value, at the time of the extension, included as if it were part of the school district's tax base. This would have the effect of reducing state school aid and increasing local property taxes on all other property within the school district boundaries. In addition, special law duration extensions will be required to obtain approval from all affected governmental units (city or town, county, and school district). Duration extensions are granted for the cities of St. Louis Park, Hastings, Hopkins, Morris, Oakdale, and Lake City. Lakefield is authorized to establish a redevelopment TIF district to develop property previously used for a municipal hospital. Crystal, Fridley, Minneapolis, and St. Paul are authorized to establish pilot projects for the creation of housing replacement TIF projects. "But-for" test modified Municipalities will be required to make a finding that the taxable market value of a site will increase if TIF is used over that which would occur if TIF was not used. In making this determination, the present value of the tax increment subsidies is deducted from the projected market value of the TIF development. Qualified housing districts (those providing assistance to low-income rental projects) are exempt from the "but-for" test. Pooling of tax increment revenues The amount of increment revenues that may be spent outside a non-redevelopment TIF district is limited to 20 percent of the total collections within the district. Redevel- opment districts will continue to have the 25 percent limitation. Restrictions on uses of certain districts The use of soils districts is restricted to pollution or contamination clean-up. Economic development districts may no longer be used for commercial purposes in cities with populations under 5,000. These cities are now subject to the same limitations as large cities where use is limited to manufacturing, research and development, warehousing, etc. 1995 Law Summaries Page 7 Law summaries continued , If 80 percent of an area has bedrock soils conditions, an economic development district may be used for correcting soils deficiencies and for public improvements (previously, this was a permissible use for all soils districts). Green acres, metropolitan agricultural preserves, and open space Properties that were enrolled in a deferred assessment program within the last five years may not be included within a TIF district. An exception is made for parcels outside the metro area to be used for manufacturing facilities. Newspaper disclosure Additional items must now be included in the annual newspaper disclosure which is also made mandatory,. Under current law, newspaper disclosure is not required as long as an annual report is filed with the State Auditor. The addi- tional items include: the amount of increment paid to other governmental units, the amount paid for administrative costs, the amount of increment spent outside the TIF district, and the effect on property taxes due to the election to pay the fiscal disparities contribution out of a general tax on the municipality. Copies of the newspaper disclosure must be provided to the State Auditor (rather than the commissioner of revenue). Request for certification date changed For consistency with general property tax timelines, the cut-off date for submitting certification requests for parcels to qualify for the next taxes payable year is changed from July 1 to June 30. State oversight Responsibility for state oversight of tax increment financing will be transferred from the Commissioner of Revenue to the State Auditor. To fund this new duty, one tenth of one percent of all increment revenues generated will be paid to the State Auditor's office. The State Auditor is authorized to examine the use of TIF for compliance with the law and to refer violation information to the county attorney who may bring an action to enforce the law. The State Auditor must also prepare reports of non-compliance to the governing body who approved the district and forward them tbr comments to the municipality which must respond in writing within 60 days. These reports and the comments will then be sent to the appropriate legislative committees. Effective dates Most provisions are effective for districts for which requests for certification are made after June 30, 1995. The financial reporting provisions take effect on January, 1, 1996. Changes in the LGA;HACA penalty are effective for all hazardous substance subdistricts and for districts for which the request for certification is made after June 30, 1994 so that existing districts that were subject to the penalty, have the option to make the local contribution instead. Property tax refund as deduction on tax statement Homeowners' regular ("circuit breaker') and special ("targeting") property tax refunds will be reported as deductions on property tax statements and will be paid directly to the county treasurer. The first year of the new payment method will be 1998. The regular property tax refund and the targeted refund will be itemized separately on the truth in taxation notice, and the notice will state that the deduction for the targeted property tax refund is contingent upon continuity in ownership of the property. Even though the regular ("circuit breaker") property tax refund will be reported on the property tax statement, qualifying property owners will continue to file the M-1PR form with the state. Indoor ice arenas Materials and supplies used for the construction of indoor ice arenas will be exempt from the sales tax as long as the arena is intended to be used primarily for youth athletic activities and it is owned and operated under a joint powers agreement with the school district. This provision is effective for sales made between June 30. 1995 and July I, 1996. Note: The Omnibus State Government Bill also contains $2.9 million in available state grants for new ice arenas. Wind energy property The property tax exemption for wind energy conversion systems is modified to exempt systems installed between January 1, 1991 and JanuaD' 2, 1995, and to exempt systems constructed after January l, 1995 only if they are located within the same county and owned by the same owner and produce in aggregate two or less megawatts of electricity. The turbines, transformers, blades, and related equipment will remain exempt from the property tax. for those systems installed on or after January. 1, 1995 which are located in the same county, owned by the same owner, and produce more than two megawatts of electricity. Property taxes will be imposed on foundation and support pad and 30 percent of the associated supporting and protective structures after a five year exemption period. Wind energy tax definitions "Wind energy system" means a wind energy conversion system defined in Minnesota law which is used as an electric power source. "Area" means the counties of Lincoln and Page 8 1995 Law Summaries Law summaries continued Pipestone. "Home county" means the county of Pipestone. "Municipality" means any city or town located in the county of Lincoln or Pipestone. "Qualifying wind energy system net tax capacity" includes the taxable portion of the net tax capacity of any wind energy system located in the area installed after January 1, 1996 and the portion of the hypothetical net tax capacity that would be included on a wind energy system located in the area installed after January 1, 1991 and before January 2, 1995, that would be computed if that property was subject to taxation. In determining local tax rates for a municipality in which wind energy systems are located, the county auditor will deduct the qualifying wind energy system net tax capacity (the tax capacity of the taxable wind energy systems) from the total net tax capacity of each municipality containing this property. The county auditor is required to determine the municipal wind energy tax by multiplying each municipality's tax rate by the net tax capacity of the taxable wind energy property located within the municipal- ity. The sum of these amounts for all municipalities in the area will be called the "municipal wind energy distribution pool." A similar provision exists for determining county wind energy tax. Each municipality within the area is entitled to receive a distribution from the municipal wind energy distribution pool equal to its proportion of qualifying wind energy net tax capacity relative to the total for all municipalities in the area. Each county within the area is entitled to a similar distribu- tion with the additional qualification that each county shall be entitled to a distribution equal to the greater of ten percent of the total county wind energy distribution pool or fifty percent of the county's wind energy tax. The home county auditor is responsible for determining for each municipality and each county in the area the difference between the municipality or county wind energy tax and the wind energy distribution. These differences must be certified to the other county by May 16 of each year. By June 15 and November 15 of each year, each county treasurer in a county having a total wind energy tax in excess of the total wind energy distribution must pay one-half of the excess to the other county in accordance with the home county auditor's certification. The treasurer in each area must pay the county and each municipality its wind energy distribution amounts by June 25 and November 25 of each year. Transit zone property Commercial/industrial (class 3a) property that is constructed under an initial building permit issued after January 2, 1996, located within a transit zone and school district, and not primarily used for retail or transient lodging will have a reduced class rate of four percent on its market value exceeding $100,000. This tax rate will also apply to improvements as long as the other conditions are met. These changes will be effective for taxes assessed in 1997, payable in 1998. A transit zone is defined as the area within one-quarter mile of a bus route which has certain hours of service within the metro urban service area and would also include any light transit route that may be established. The Metropolitan Council is responsible for producing a map of transit zones by January 1, 1996 and for providing the map to all metro- area assessors. Reduced class rates for apartment, manufactured home park, and cabin property The class rate on apartment property is reduced from 3.4 percent to 2.3 percent in cities outside the metropolitan area and the nine counties immediately adjacent to the metro area with populations of less than 5,000. The property must also be in a city more than 15 miles from another city with a population over 5,000. The class rate for manufactured home parks will remain at 2 percent rather than increase to 2.3 percent in 1996 as current law provides. The class rate for noncommercial seasonal residential recreational property (cabins) will also be reduced from two percent to 1.9 percent for taxes payable in 1997 and to 1.8 percent for taxes payable in 1998 and thereafter for the market value under $72,000. In determining HACA, the 3.4 percent class rate will be used on all apartment property so that the amount paid by the state does not increase as a result of the above-described reduced class rate. Instead, the net effect will be a shift to other property taxpayers within the taxing districts which contain the qualifying apartment property. The relief for cabins will result in HACA increases to prevent property tax shifts. Truth in Taxation notices The estimated percentage increase in Minnesota personal income will no longer be listed on the Truth in Taxation notice. Board of Government Innovation and Cooperation The Board will have increased functions and duties, including the production of a report to the Governor and the legislature on unfunded state mandates by January 15, 1996. $2 million is appropriated for fiscal years 1996 and 1997. 1995 Law Summaries Page 9 Law summaries continued Non-Minnesota bond interest taxation remedy Ifa court decides that the taxation of non-Minnesota municipal bond interest violates the Constitution, the remedy will be to tax the interest on Minnesota municipal bonds, rather than to exempt the interest on non-Minnesota munici- pal bonds from taxation. Waste management services For the purpose of clarifying what is subject to the $2 residential or 60 cents per cubic yard commercial state solid waste assessment, "mixed municipal solid waste manage- ment services" is defined as tile management of such waste through the process from collection to disposal, including2 transportation and management at a waste facility. Addition- ally, thc costs that are exempt from the general and local option sales tax provisions of Minnesota law are specified. Winona lodging tax proceeds The city of Winona is authorized to used 50 percent of the proceeds of their 1991 special law lodging tax, after the debt for the Julius C. Wilke Steamboat Center is retired, to promote certain, specified tourism activities. Ag processing thcilities Materials for use in the construction of certain agricul- tural processing plants (at least $8.5 million investment which exceeds $12,000 per resident of the city or town and located in a city or town with a median household income of less than $18,000) are exempt from the sales tax unless the plant is an ethanol production facility. Sales tax study A Sales Tax Advisory Council is established to study the current sales tax system. Homestead cabin property Cabin property can no longer be reclassified as a homestead under the "relative homestead" rules after a four year period. In order to reclassify cabin property the owner must actually occupy it as a homestead. Separate spouse homesteads Only partial homestead status will be received by an owner or a spouse occupying a residence owned by their spouse which they previously occupied with their spouse if either spouse fails to include the other spouse's name or social security number on their homestead application. Where the name and social security number of both spouses is included on homestead applications for two separate residences but one of the applications is not signed, the owner or spouse will be deemed to have elected to home- stead the residence for which the application is signed. Equalization board meetings Two Saturday informational meetings to discuss cabin property valuations will be required to be held by a county where at least 25 percent of the net tax capacity of a city or town within that county is classified at noncommercial seasonal residential recreational property (cabins). These Saturday meeting dates must be listed on the notice of property valuation. Delinquent taxes penalty and interest distributions The penalty and interest collected on delinquent taxes is required to be distributed to all school districts in the count3, rather than only to the scht~ol district in which the property is located. This is the currenl practice and thus merely a clarification in the law. Delegation of power relating to abatements The county board has tile power to delegate the respon- sibility relating to abatements to the county auditor unless the county auditor holds elective office in which case the county auditor must concur to the delegation. Apartment property tax study A study on possible methods of providing incenuves to improve the state's stock of rental housing will be conducted by the Department of Revenue and the Minnesota Housing Finance agency. Specifically, the study will consider a scenario where two percent class rate is in place for five assessment years. The study will identify the estimated impact on the market value of improvements made to apartment property which is at least 25 years old and where the value of the improvements are equal to 20 percent of the total market value of the property proposal as if it were in effect for taxes payable in 1998. Other policy alternatives will also be considered and results will be reported to the House and Senate Tax Committee Chairs by February 15. 1996. City aid base An increase in the portion of city LGA that is grandfathered is provided for cities that received additional LGA in 1995 because of transfers to sewer and water funds (25 cities qualify). The qualifying cities will receive a permanent increase in their city aid base in an amount equal to the additional LGA they received in 1995. Additionally, the city aid base for the city of Pillager will be permanently increased in the amount of $40,000. Miscellaneous: Premium tax increase Insurance premium tax rates will be increased effective Janua~ 1, 1995. Town and farmers' mutuals and mutuals with $5 million or less in assets increases from .5 percent to Page 10 1995 Law Summaries Law summaries continued one percent. The rates for mutual insurance companies with assets between $5 million and $1.6 billion on December 31, 1989 will increase from .5 percent to 1.26 percent. All lines of property-casualty insurance are included in this rate increase. The proceeds will be used primarily to fund fire and police pensions. Police and fire aid calculations Fire state aid equals 107 percent of reported fire premiums taxes and state police aid equals 104 percent of reported automobile premiums taxes. Fire aid recipients will receive two percent of fire premiums (minus audit and exam costs) and one percent of thc premiums of town and farmers' mutuals and mutuals with $5 million or less in assets. Police state aid recipients will receive two percent of automobile premiums. This provision is effective for aid paid in 1996. Tax anticipation certificates Home rule charter cities are authorized to issue tax anticipation certificates in the same ~nanner currently available to statutory cities. Certificates may also be issued in anticipation of federal and state aids. Revenue policy initiatives - property tax and property tax refunds Certified levy The clarification is made that the county auditor does not deduct HACA from a local government's certified levy amount, but does deduct the amount of disparity reduction aid from the certified levy. (Cities no longer receive DRA under a 1993 law change.) Technical initiatives - property tax Certifying costs of local assessments The dates for certifying the costs of local assessments are changed in order to conform to the truth-in4axation deadlines. "This Old House" The clarification is made that "homes" means owner- occupied units. Cutoff date for computing HACA and DRA A cut-off date of June 30 is established for computing HACA and DRA for k)cal governments. Municipal bound- aries and status as of June 30 of the year preceding the aid year will be the basis for the determination of aids. This provision is effective for aids payable in 1995 and thereafter. Metro special taxing districts - truth in taxation hearings Hearings are required to be held on the first Monday in December. General government Prompt payment to subcontractors provision required in municipal contracts and modification of certain laws relating to liens and performance bonds Chapter 31 requires that city contracts contain a provi- sion requiring that the primary contractors pay any subcon- tractors within 10 days after receipt of payment from the municipality for undisputed services provided by the subcontractors. The contract must also require that the primary contractor pay interest of one and one-half percent per month of any amounts not paid on time to the subcon- tractors, with a minimum monthly interest penalty payment of $10. Cities are required to make payment and perfor- mance bonds available for inspection and copying upon request. Claimants may extend the time to bring an action to enforce a claim under a bond beyond the one year period provided in Minnesota law by written stipulation between the claimant and the surety or by written notice of a one year extension to the surety sent via certified mail 90 days before the expiration of the initial one year period. The effective date for most of these provisions is August 1, 1995 and applies to contracts for which notice of invitations for bids or requests for proposals are issued after July 31, 1995. The payment bonds provisions are effective retroactively to August l, 1994. State agencies required to report to legislature on federal mandates Chapter 57 requires that agencies administering a program supported in whole or in part by federal funds or subject to significant federal mandates to report certain information to the legislature by January 1, 1996. The Commissioner of Finance will determine which agencies need not report. The Commissioner will also report on significant federal mandates that apply broadly to all agencies and determine which federal mandates are exempt due to consistency with state policy. Effective August 1, 1995. 1995 Law Summaries Page 11 Law summaries continued Private sales of unclaimed property allowed and publica- tion requirements for public auction sales Chapter 79 allows cities to conduct private sales of unclaimed property in limited circumstances. These sales must take place through a nonprofit organization that has a significant mission of community service. Cities electing the old option of sale by public auction will now be required to give 10 days published notice once, in a legal newspaper published in the city (or, if none. published in the county) describing the property to be sold and the time and place of the sale. Effective August I, 1995. Adopted ordinances to be furnished :lo law library Chapter 105 requires cities, counties, and towns to furnish copies of any ordinances they adopt to their local county law libraries. Upon request by cities or towns, the libraries are required to provide reimbursement of a reason- able charge for the copies furnished. Effective August 1, 1995. Eminent domain proceedings Chapter 106 modifiers the procedural requirements for cities to follow in exercising their power of eminent domain, particularly with regard to where notices have to be flied at the county, who must receive the notices, and the appeal rights of thc parties. Effective August I, 1995. Grants to certain food sheh'es authorized Chapter 109 allows cities to appropriate money, from the general or other unrestricted funds, to nonprofit organi- zations operating community food shelves that provide food to the needy free of charge. Effective May 4, 1995. Standards for sale and disposal of junked, abandoned, or unauthorized vehicles Chapter 137 authorizes the sale and disposal of,junked, abandoned, and unauthorized vehicles, all by the new law. Vehicles which have been impounded are generally eligible for sale and disposal 15 days after notice to the owner. although a longer waiting period is specified for unautho- rized vehicles. Public entities may re. imburse themselves for the costs of towing and storing the vehicle and lbr all administrative and notification costs incurred and shall then hold the remaining proceeds for 90 days for the owner or any lienholders to collect prior to depositing them into the treasury of the unit of government. Effective August 1, 1995. Videotape captioning for deaf or hard of hearing persons required Chapter 143 prohibits the distribution of prerecorded videotapes or similar audio-visual material to videotape sellers or service providers unless they are open-captioned or close-captioned for the deaf or hard of hearing. The law applies to materials produced by a governmental entity for educational purposes or those of which more than 500 copies are produced for release or re-release after June 1, 1997. City of Chanhassen experimental authorization of certain bid specifications for playground equipment Chapter 153 authorizes the city of Chanhassen to use certain bid specifications on an experimental basis for the purpose o1' providing more creativity in playground design and function at the lowest costs to citizens. The specifica- tions will have to state the location and area of the play- ground, describe its topography and surface characteristic,~. the age group to be served. Additionally, bidders will have to submit a design proposal showing the placement of equipment. The law also extends to the acquisition of playground equipment. Upon local approval, the law will be effective until December 31, 1996. The city will have to submit a report to tile legislature by February 1, 1997 on the effect of this law, Trust or escrow accounts authorized tbr certain da~naged private insured property Chapter 170 authorizes municipalities to elect a proce- dure to ensure that insured real property which has been damaged or destroyed by fire or explosion will be repaired. replaced, or removed by establishing a trust or escrow account for a portion of the insurance settlement (the lesser of 15 percent of the actual cash value of the property at the time of loss or 15 percent of the settlement). This law will become effective on January 1, 1996, and cities which want to use its provisions must pass a resolution establishing the trust or escrow account and notify the state. Alternative appointment method for St. Paul charter commission Chapter 181 provides for an alternative to Chapter 410 for the City of St. Paul to authorize the city council to appoint members to tile city charter commission. The chief judge of the district court appoints one member from each city council ward. Each councilmember appoints one member from the ward from which they have been elected. The mayor appoints the chair of the charter commission. Four-year terms are set for charter commission members. Vacancies are to be filled by the appointing authority. No local approval of this change is required. The section is effective the day following enactment. Water law technical corrections Chapter 218 makes several minor technical amendments to the state's water laws, most involving the Board of Water Page 12 1995 Law Summaries Law summaries continued and Soil Resources and the Department of Natural Re- sources. One section allows the commissioner of the Department of Natural Resources to issue a state general permit to a governmental subdivision for classes or types of activities that have minimal impact upon public waters under which more than one project may be conducted under a single permit. This law is effective May 25, 1995. Compatibility of city and soil and water conservation district offices Chapter 222 provides that the office of soil and water conservation district supervisor is compatible with the offices of mayor, clerk/treasurer, or councilmember in statutory or home rule charter cities of not more than 2,500 population and that one person may hold both offices. The law also provides that the person holding both offices shall refrain from voting or taking any other formal action on any matter coming before the soil and water conservation district board or the city council that has a substantial effect on both the soil and water conservation district and the city. The law specifically does not apply to cities located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County. The law is effective retroactively to January 1, 1995. State agency rulemaking Chapter 233 modifies the state's administrative proce- dures act to increase public involvement in the agency rule- making process. Notice provisions are significantly modi- fied, including allowing interested persons to register with a state agency for individualized notice of rule proceedings. Various effective dates, but most of the provisions will go into effect January 1, 1996. Certain advisory councils reinstated Chapter 246 reinstates the emergency medical services, the plumbing code, and other Health Department adviso~ councils. A work group is established to study and report to the legislature on revising the entire plumbing code for the purposes of ensuring protection of the public health. The League is expected to assist the work group in their efforts. Effective June 2, 1995. Omnibus data practices act Chapter 259 is the omnibus data practices act for this year. The new law clarifies that data submitted to the commissioner by a city has the same classifications as when held by the city, and the commissioner's authority to issue advisory opinions was continued. Also, data on undercover law enforcement officer no longer assigned to an undercover position data become public unless the officer's personal safety would be threat- ened or an active investigation jeopardized. For state officials, only upon completion of an investi- gation of a complaint or charge against a state official, or if the state official resigns or is terminated while the complaint or charge is pending, all data relating to the complaint or charge are public unless the investigation would be jeopar- dized or confidential sources would be revealed. This provision does no__! apply to city or county officials as finally passed, but did include local government officials in the earlier proposals. "Booking photographs" are public data. The establishment of a pubic information policy training program is authorized for the purpose of training state and local government officials and employees on government data practices and records retention laws. Various effective dates apply. IIII IIII IIII Ilil Housing Metro Section 8 Housing Program Chapter I 12 authorizes the Metropolitan Council HRA to operate joint Section 8 housing programs cooperatively with local jurisdictions in the metro area. The authorization is effective the day following enactment. Procedures changed for allocating bonding authority for city housing programs and planning Chapter 167 significantly affects cities with independent or joint housing programs. The law adds a provision that new assisted housing be located in a city that has entered into a housing affordability agreement with the Metropolitan Council, under which a city may make loans financed with the proceeds of mortgage bonds for the purchase of existing housing. Application to the Minnesota Housing Finance Agency for single-family housing program bonds are made due from June 15 to June 30 (currently July 1 to July 15). Allocation amounts to be made by the commissioner to the small issue pool are reduced from $65 to $55 million while amounts going to the housing pool are increased from $46 to $56 million. Application fees for projects of entitlement issuers will now have to be submitted to the commissioner with the notice of issuance of bonds, notice of use of 1995 Law Summaries Page 13 Law summaries continued mortgage credit certificates, and notice of carry forward. The housing pool allocations section is clarified to apply to residential rental projects not restricted to persons age 55 or older and provides that il: an issuer fail,; to issue obligatioms equal to all or a portion of the allocation received within 120 days or returns the allocation to the commissioner, the amount is cancelled and returned for reallocation through the housing pool. The lotal amount of allocation k)r mortgage bonds for one city is limited. Obligations must be issued within 120 days or the authority will be cancelled and reallocated. The remaining balance in the .small issue pool on the effective date, up lo $20 million of bonding authority, is transferred to tile housing pool except thai thc Minnesota Housing Finance A~oency may accept applications between June I and 7, 1995. Various effective dates. Land use/planning/zoning Notice to municipalities required prior to licensing of certain youth detention thcilities Chapter 12 requires the Commissioner of Corrections to give municipalities 30 days written notice prior to issuing licenses to detention facilities for delinquent youth. Tile notice must be given before the first issuance of a license and annually thereafter only if tile municipality requests annual notification. Notice is not required for facilities with a licensed capacity for six or fewer persons and occupied by either the licensee or the group foster home parents. State funding that would otherwise be made available to the detention facilities must be withheld where the required notice is not provided. 'IShis law becomes effective on August 1. t995. Metro area comprehensive planning modifications Chapter 176 was sponsored by the Metropolitan Council to review local water management plans. Metropolitan municipalities are required to review and update their comprehensive plans by December 31, 1998 and are prohibited, after August 1, 1995, from adopting fiscal devices and local controls which are in conflict with their comprehensive plan or any metropolitan system plans, Plans may contain intergovernmental coordination and economic development elements and may designate redevelopment areas. Land use plans are required to contain water manage- ment plans. Local governmental units are required to review and, if necessao', amend their entire comprehensive plan along with its fiscal devices and official controls by Decem~ her 31, 1998 and at least once every 10 years thereafter unless an extension has been obtained from the Met Council. A report from the Met Council to the legislation on the need for local technical and financial assistance is duc Janua~ 15, 1996. Metro area surface and groundwater management Chapter 184 provides lor the rex i~ion of metropolitan water management plans on a priority schedule to be developed by the Board of Water and Soil Resources. Watershed management organizations will have 24 months from the date of notification to revise and submit a plan for review. They may recetvc a one-year exlension from the Board. The plan should extend at least five years but no more than 10 years from the date of Board approval. Consistency with adopted county groundwater plans would be required within two year,,~ after adoption by the counts.. Draft plans, in addition to county, conservation district, town and city review, will be subject to a 60 day review and comment period by the Met Council, the state review agencies, and the Board of Soil and Water Resources. Watershed management organizations are required to respond in writing to any concerns expressed during the review process within 30 days. Effective August 1, 1995. Sex offender residential programs not a permitted use Section 79 of Chapter 224 modifies the state override of local zoning for state-licensed residential programs serving six or fewer persons and provides that a residential program whose prima~ purpose is to treat juveniles who have violated criminal statute~ relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offense ~hall not be considered a permitted use. Effective May 26, 1995. Permit deadlines Chapter 248. Article 19 addresses state agency and local government deadlines for issuing zoning, septic system and metropolitan urban service area permits approvals. Permit applications must be determined complete or incomplete within 10 business day,,,. The application must be acted on within 60 days or it will be deemed approved. A city may receive an automatic 60 day extension by providing the applicant written notice containing the reason for the extension within the 60 day period and specifying how much more time is required. Other extensions are possible with the applicant's approval. Effective July 1. 1995 and appli- cable to any written request submitted after that date. Page 14 1995 Law Summaries Law summaries continued Metropolitan Metropolitan Livable Communities Chapter 255 is the new Metropolitan Livable Communi- ties Act which creates an economic vitality and housing initiative primarily for the metro area. A Local Housing Incentives Account program is established as a voluntary program for cities. While cities can choose not to participate in the program, they will not be allowed to apply for state grants to clean up contaminated sites unless they can show that they spent money on affordable housing as if they had been participating. Cities designate an amount for affordable housing equal to the cumulative amount they would have spent had they participated, or they agree to deposit their share into a regional pool. The program would require a portion of property taxes on high-valued homes be used to build more affordable and "life-cycle" housing for certain groups at various stages of life (for example, singles, young families, the elderly). Cities choosing to participate in the program would negotiate housing goals with the Metropoli- tan Council. A second program is the "livable communities" demon- stration project program which would allow cities to obtain grants and loans from the Met Council for certain projects. To pay for this program, the Met Council is authorized to levy a tax up to 50 percent of the current Metropolitan Mosquito Control District's levy and also provides an annual HACA payment equal to 50 percent of what the Mosquito Control District receives. In total, this amount could equal nearly $4.5 million available annually for grants and loans. The Mosquito Control District's levy authority and their HACA payment are reduced by the amounts received by this program. A third program is intended to assist in cleaning up polluted lands in the metro area. Money to fund this program will come from funds set aside by the Met Council to help local governments purchase rights-of-way when building roads and from the fiscal disparities pool made up of a portion of each metro city's commercial-industrial tax base. More specifically, the program taps a pool that dates back to the construction of the Mall of America. It is estimated that the pool would pay about $5 million per year to the program. Finally, an urban homestead exemption program is created to provide income tax breaks for up to five years for persons moving into certain blighted neighborhoods in the metro area. The Met Council will designate certain areas as urban revitalization and stabilization zones by September 1, 1995. The maximum exemptions would equal $10,000 for singles, $12,500 for heads of households, and $15,000 for married couples filing jointly. Various effective dates apply. Personnel/pensions Public pension plan provisions modified Chapter 141 is a 58-page law making several changes to the public pension plan provisions including the requirement of suspending or forfeiting benefits for certain felonious deaths, recodifying the IRA plan, making several individual and small group pension accommodations, and administra- tive changes for various plans. The effective dates are various, many on the day following enactment. Child support withholding and health/dental care coverage Chapter 207, Article 10, seeks to ensure coverage of dependent children under their parent's health plans pursuant to the support orders, the automatic withholding of support payments from wages, and protect employees from em- ployer discipline as a result of any withholding order. Effective August 1, 1995. Workers' compensation Chapter 231 is an effort to cut workers' compensation insurance premiums by 11.4 percent. Cost of living adjust- ments would be cut in half to two percent, and no annual COLA would be made for the first four years from the date of injury. Permanent total disability payments would only be made if the employee has at least a 17 percent permanent partial disability rating of the whole body or 13 percent if at least 55 years old without a high school degree or GED certificate. Permanent total payments will now cease at age 67 due to a retirement presumption. The minimum weekly compensation is set at $104 and the maximum at $615 (an increase of approximately $100 per week) for temporary total disability. Modest insurance and administration reforms are also in the new law, but most of these issues 1995 Law Summaries Page 15 Law summaries continued were addressed in the 1992 reform measure. Generally effective for injuries occurring after October 1, 1995. MnCare amendments Chapter 234 is a 210~page law amending the state's health care plan for the uninsured. The goal of universal coverage (less than four percent uncow.~red) is moved back to January, 1,2000. Annual cost containment reports are required for group health care purchasers. Also, all local government units must provide expenditure data to the state. The law requires that representatives of the affected local government units wilt be consulted in establishing defini- tions, reporting formats, and reporting time frames, and the reporting burden is to be minimized. Eligibility tbr MnCare coverage is broadened, copayment and deductible provisions of private policies are capped ($5000/family and $1000/ person respectively). BMS arbitration lists Chapter 239 makes technical amendments to the state's public sector labor laws, including abolishing the existing arbitration roster effective January I, 1996. The law also requires the Bureau of Mediation Services to maintain a list of up to 60 arbitrators for use by public employers and exclusive representatives, removes the uniform baseline determination form from rule~making requires, requiring BMS training and technical assistance regarding the form, and strengthens arbitration timelines and oversight. Various effective dates. Study on designation of public employees as supervisory or confidential Chapter 248, Article 14 relates to the preservation of collective bargaining and requires a study by the legislative coordinating commission on issues concerning the determi- nation of which public employees are supervisory and which are confidential, as discussed in two recent decisions by the Minnesota Court of Appeals. The purpose of the study is to determine what changes are needed, through legislation or in the roles and procedures of the Bureau of Mediation Services, to maintain an appropriate balance in the decision- making process involved in the designation of public employees. Conclusions and recommendations will be made to the legislature by February 1, 1996. Omnibus child support enforcement act Chapter 257 is the omnibus child support enforcement act. Drivers' licenses will be suspended for certain delin- quencies, and of significance for cities as employers is a section establishing a centralized work reporting system. All employers are required to submit certain information (employee's name, address, social security number, and date of birth when available, and employer's name, address, and federal identification number) to the Department of Human Services within 15 calendar days of the date of hiring. No contact will be required for employees hired for less than two months and having gross earnings of less than $250 per month. Notices of non-compliance will be sent to employ- ers who fail to submit the required information and addi- tional violations (intentionally unreported employees) will result in fines of $50 for the second violation and $500 for the third violation. The reporting requirements also apply to anyone hired as an independent contractor. Additionally, no longer will employers have the initial burden of requesting whether a newly-hired individual has court-medical support obligations that are required by law to be withheld from income. Individuals are now required to voluntarily disclose this information at the time they are hired. For automatic income withholding, employers need only receive, along with the applicable statutory provisions, a copy of the withholding requirements, and are no longer required to receive a copy of the notice of income withhold~ ing, the court order, or notice of order. Lump sum payments, including bonuses, commissions, or other payer benefits in addition to severance, accumulated sick or vacation pay, are required to be paid to the child support enforcement authority upon certain conditions. The Work Reporting System is effective July 1, 1996. Other sections are effective January 1, 1996. Additional fire and police amortization aid Chapter 262 allocates one-half of the excess funds from the PERA Excess Contributions Holding Account for additional amortization aid for local police or salaried firefighter relief associations. This allocation is in addition to the existing amortization and supplemental amortization aid programs. Local police or salaried firefighter relief associations with unfunded accrued liabilities shown in the actuarial valuation to be prepared December 31, 1996 wilt be eligible for this aid. Also eligible are local police or salaried firefighter consolidation accounts that are certified by the Commissioner of PERA as having for the current year an additional municipal contribution amount and have either implemented the pre-July 1, 1993 PERA Police and Fire Plan (if the consolidation account was in effect May 24, 1993) or the pre-July 1.1995 Plan (if consolidation is in effect July 1, 1995). The aid is based on proportional shares of total unfunded actuarial accrued liabilities of all recipient relief associations and consolidation accounts as of Decem- ber 31, 1993 or June 30, 1994. These aid amounts will be allocated on October 1, 1997 and annually thereafter. Effective the day following enactment. Page 16 1995 Law Summaries Law summaries continued New dates are also established for firefighters' relief associations to begin collecting information about their investments and report to the state auditor. Associations not wholly invested through the state board of investments and having assets with a market value of less than $300,000 will be required to collect the required infom~ation as of January 1, 1996 and submit it to the state auditor by October 1, 1997. Effective August 1, 1995. Public safety Licensed police officers given the powers of a notary public for administering oaths upon information to establish probable cause Chapter 37 provides that peace officers licensed to administer oaths upon information submitted to establish probable cause to judges or judicial officers shall have the powers of a notary public. The text of this law contains the form of the official signature in these cases, no stamp is required. Effective August 1, 1995. Term of temporary on-sale liquor licenses extended Chapter 42 extends the maximum duration for tempo- rary on-sale liquor licenses from three consecutive days to four consecutive days. Additionally, the number of tempo- rary on-sale 3.2 percent malt liquor licenses that may issued by a municipality is now unlimited (the restriction to only three temporary on-sale intoxicating liquor licenses re- mains). The four day provision became effective on April 19, 1995 but the lifting of the limit on the number of temporary on-sale beer licenses becomes effective August 1, 1995. Emergency telephone service Chapter 149 requires that cellular phone users must be notified by providers at the time of subscription and four times per year that 911 emergency calls are routed to state patrol dispatchers rather than to k)cal emergency answering centers. When placing a 911 call, callers will be required to provide specific information regarding their location. Effective August 1, 1995. Department of Health enforcement authority modified Chapter 165 requires the Commissioner of Health to adopt rules and enforce existing laws and roles governing the design, construction, installation, operation and mainte- nance of public pools, air quality in indoor areas, and related facilities. Rules governing fee collection to cover the cost of reviewing, monitoring, and inspecting the facilities will also be the Commissioner's responsibility. Effective May 16, 1995. Residential building contractor licensee standards modified Chapter 169 clarifies an exemption from the licensing requirement, where denial, suspension, revocation or censure of a licensee or a civil penalty may be imposed. The law clarifies that the contractor's recovery fund is available to pay claims only against those licensees who have paid into the fund while the statutory bonding requirements still apply to those who did not. Various effective dates. Coordination and consolidation for public safety radio communications Chapter 195 creates the Metropolitan Radio Board to review and adopt a regional public safety radio system communications plan. The plan will use the 800 megahertz and other available radio frequencies to develop a shared regional infrastructure for a metro-wide public safety radio communications network. The plan will also assign frequen- cies to the network and subsystems. All units of local govern~nent as well as private entities eligible to use the public safety radio communications plan are to have adequate communications capacity and intercom- munications capability. The Metropolitan Radio Board is responsible for determining the implementation, timing, scope and performance standards of the system, as well as the participatilm of additional entities. Within two years all metro counties, with the participa- tion of cities and other local government units, are to complete planning for subsystems to ensure coordination and implementation to meet local service needs. The cities of Minneapolis, St. Paul, and Bloomington have the option to participate in the subsystems or to develop their own plans. The plans must be submitted to the regional board for approval. No city is required to discard or modify current radii) communications operations or purchase new equip- merit unless the city decides to use the regional public safety communications system. Most sections of the chapter are effective the day after final enactment. Emergency medical services Chapter 207, Article 9, establishes an emergency medical services regulatory board which will become the licensing and regulatory authority for all public and private ambulance services in the state, replacing the Health Dep~mment. Effective July 1, 1996. 1995 Law Summaries Page 17 Law summaries continued __ Food and liquor service licensing Chapter 207 is the omnibus human services bill. One provision deals with the Health Department and state licensing of mobile food units, seasonal food stands and food carts, as well as other food, lodging, and hospitality establishments. The law sets new fees, definitions, and inspection requirements. Effective August 1, 1995. Funding for peace officer training and libraries Chapter 212, a law appropriating money to the higher education institutions, includes a provision that states that beginning in fiscal year 1998 money for law enforcement education that is currently provided to the POST board will be provided through general fund appropriations of the state. The amount calculated will be thc same initial base as the previous POST funding, except that the base funding for community colleges would be set at $290,000. The law specifies that penalty surcharge dollars would continue to be appropriated to the POST account for other lawful purposes of the POST board. The law also provides that a task force is to identify curreut library financing sources and make recommenda- tions by February 1, 1996 on financing structures that are designed lo promote cooperation and collaboralion among all libraries. Lead abatement Chapter 213 provides new definitions lbr abatement for measures designed to permanently eliminate lead-ba,-,ed paint hazards. The commissioner of health will adopt rules for lead inspection, soil and drinking water sampling, standards for lead hazard reduction, and methods for lead in paint, dust, drinking water and soil for all residences including child care facilities, playgrounds and schools. Cities may not have ordinances or regulations governing these standards that require different standards or methods than those established at the state level. The commissioner will develop a model ordinance tbr boards of health to enforce the new law. Local boards of health are to enforce lead orders issued under secondary prevention provisions under local ordinance or a public health nuisance. The commissioner of health is also directed to develop a primary prevention program for which a priority list of high risk census tracts is to be identified. The program is tended to provide education on the prevention of lead poisoning, promote swab team services and lead clean~up equipment, and publicize grants and the development of lead-sate directives. Cities and other units of local govern- ment are required to follow priorities established by the department. The commissioner is to develop educational strategies as a primary measure to prevent lead exposure, including the development of educational materials for the public to be used in lead hazard reduction efforts, as well as for property owners, landlords and tenants. Local govern- ments must include swab team services as part of the primary prevention effort in high risk census tracts. Cities of the first class must conduct lead inspections to provide for secondary prevention efforts. Boards of health ,serving other cities are also required to conduct lead inspec~ tions, unless they officially relinquish those duties to the commissioner of health. The state is authorized to provide technical assistance, equipment, lab or field testing equip- ment or reimbursement for direct costs of inspection. Time frames and activities to be included in the inspection are also stated in the bill. Effective August 1, 1995. Transportation/transit Cities outside metro area authorized to provide certain para-transit outside their service areas Chapter 10l allows nonmctropolitan cities, counties, and transit commissions and authorities that provide finan- cial assistance to or operate public transit to provide para- transit as a complement to fixed route service, even if outside its jurisdictional boundaries, but only by contracting for the service. Effective on April 29, 1995. Transportation funding Chapter 265 is most noteworthy for what it does contain: a gas tax increase or other source of substantial new money for transportation (roads or mmsit). While many last minute proposals were circulated, state leaders were unable to reach an agreement. Consequently, this law will maintain the status quo or minimize/reduce cuts in road and transit programs in almost all transportation areas. Only a few programs will receive any substantial increase in state funds. Municipal State Aid Streets (M.S.A.S.) will receive a little more than $176 million over the next two years. Other amendments include constructing an additional lane on 1-394 near Penn Avenue in Minneapolis and related improvements, requiring MnDOT to consider alternative Page 18 1995 Law Summaries Law summaries continued means of financing projects through congestion pricing, tolls, mileage pricing, and public-private partnerships, and appropriating almost $900,000 for nonmetropolitan transpor- tation studies, exempting roads from MPCA noise standards, and changing the method of determining population for M.S.A.S. purposes. Refunds of drivers' license fees, all calls from cellular phones, bulletproof vests, and other issues are also addressed in the law, which has various effective dates, but none later than July 1. Utilities Alternative regulation of telephone companies Chapter 156 authorizes phone companies to apply to the Minnesota Public Utilities Commission (MPUC) for approval of an alternative regulation plan. The plan ensures customers will continue to receive affordable service meeting MPUC quality service standards and encourages the development of alternative forms of telecommunication. These alternative forms of regulation will deregulate certain non-essential services and the rate of return. Services that are essential to residential and business services such as switched network access, touch-tone service, 911 emergency service, and installation and repair, would continue to be price regulated under the new plan. Other telephone services would be flexibly priced or non- price regulated. MPUC is authorized to determine if existing telephone services comply with current rules and if rates are appropriately set prior to the implementation of the alterna- tive regulation plan. Long-distance phone companies are authorized to furnish interexchange services. Local phone services are authorized to offer long-distance service provided under certification by MPUC prior to August 1, 1995, or to offer local phone service certified by MPUC after August 1, 1995. Local phone services may also authorize a provider to furnish local exchange service. A local exchange provider that serves fewer than 50,000 subscribers may choose to become a small telephone company for at least three years. The company will not be permitted to increase rates for essential services for two years, or until 1998. Phone companies must comply with non-discrimination standards. These standards require services be provided to "similarly situated persons," that preference not be given when furnishing services, products or facilities to affiliates or retailers who sell directly to customers, and, that rates be set that are in line with the established standards unless competitors can obtain similar services in the same market or geographic area under comparable terms. MPUC has the sole authority to approve or revoke local exchange service to local subscribers and to prescribe how these services are delivered. Cities and other local units of government retain the authority to decide how equipment and facilities are located on, below, or above public right of ways and property. Phone companies are required to repair and restore streets and other public property to original condition during installation or operations, and must provide a map of facilities within the local telephone service area. MPUC is directed to certify applicants to offer local phone service prior to August 1, 1996 at which time negotia- tions on interconnection are to take place. In the case where no agreement is reached, MPUC is to make temporary arrangements to allow the new provider to offer services. Similar arrangements are to be implemented for emerging competitors to smaller phone companies. The Minnesota Department of Public Service is directed to study how to ensure citizen access to local government and public access programming provided through emerging communications technologies like video dialtone and satellite transmission, in a manner equivalent to cable franchise agreements providing public access channels and supporting facility operations and public, educational and government programming. Recommendations are to be made to the 1996 legislature. The Minnesota Department of Public Service will also study local franchise fees paid to local government and make recommendations to the 1996 legislature as to the purpose, amount and use of fees and related compensation paid to cities. Provisions of most sections take effect August 1, 1995 and expire January 1, 2006. Regulation of sale of local exchange service territory Chapter 191 requires the Minnesota Public Utilities Commission (MPUC) to consent to the sale of local ex- change service territory by a phone company possessing annual revenues of more than $100 million dollars. Custom- ers must be notified at least 90 days prior to the sale of the company's intent to sell. Customers must also be informed of the proposed buyer and the affected local exchange. 1995 Law Summaries Page 19 Law summaries continued MPUC must hold a public hearing at least 30 days before deliberation to discuss the proposed sale. MPUC must not consent to the sale unless it establishes that at a minimum, the phone company has complied with quality of service standards for the previous year, the proposed buyer has thc financial resources to maintain service quality, and there are sufficiently trained employees to maintain required service levels. Commitments which require the buyer to maintain the minimum investment and staffing necessary to meet quality of service requirements and any other conditions, must be satisfied before MPLIC consents to tile sale. Provisions are effective December 31, 1995. Landlord made bill payer and customer of record on certain utility accounts Chapter 192 defines "single-metered residential build- lng' as a multi-unit residential rental building where utilit3 service for one or more separate living units and any common areas is measured through one meter, and makes the owner of these buildings the bill payer nnd customer of record for leasehold contracts entered into or renewed after August 1, 1995. A failure, by an owner, to advise utility providers when service applies 1o single-metered residential buildings will constitute a violation of certain provisions of Minnesota landlord4enant law. Legislation thai: did not become law Gary Carh'on, Ann Higgins. Joel Jamnik, Andrea A therton The 1995 legislative session was not short of ideas. Some would have had an adverse impact on municipal government, while a few would actually have benefitted cities and city officials. Tile following is a short list of ideas that wilt not become law. Be warned, all of these issues are candidates for action by the 1996 legislature. · Property tax freeze · Reverse referenda on city and county property tax increases · Ethics reform bill · 1996 Presidential PrimaO' · State primary, in June · Authorizing non-partisan election judges · Absentee voting reforms · Nompartisan election judges · Two-year term of office · Term limits · Takings · Public investments bill · Elimination of bond interest tax-exempt stalus · Sprinklers in high-rises · Wetlands reforms · Preemption of local authority to regulate tile sale of tobacco · Preemption of local regulation of slmoting ranges · Transportation funding:'gas tax increase · Tort liability limit increases · Train whistles in the night · Minimum wage increase · Pay equity penalties · Full funding for state mandates · State government reorganization · Abolition of towns · Governor's $77 million aid cut · Salary cap for local officials · Constitutional amendment for school funding · Tax deferment for seniors · Count)' and school approval for TIF · Annexation reforms · Local public employee pension plan modifications; · Inclusion of certain area-wide homestead property value in metro area · Regulation of government officials' entry, onto privale property Page 20 1995 Law Summaries Acknowledgment I would like to thank those members of the League IGR staff for their intensive efforts on behalf of cities throughout the 1995 legislative session. Ann Higgins and Joel Jamnik both played key roles on numerous issues and without their strong and tireless efforts the session would have turned out much differently. In addition, I would like to thank Andrea Atherton for her efforts on a broad array of issues and for her stamina in monitoring and working with legislators throughout the conference commit- tee process. The efforts of Mr. Jim Miller, Executive Director of the League, should also be noted. He was influential on the property tax freeze and the bond interest taxation debates. Mary Diedrich and Julie Johns provided excellent support for the IGR department and most of what you see or hear from our department is ultimately the product of their efforts. I would also like to thank Tim Busse, Gayle Brodt, Ron Will, Kandi Lu Morgan, and Laurie Brown who are the magicians behind the weekly Bulletin. The interaction of the variety of city lobbying groups was important to the overall success for cities in 1995. The efforts of the Association of Metropolitan Municipali- ties, the Association of Small Cities, the Coalition of Greater Minnesota Cities, the Range Association of Municipalities and School Districts, the Northern Metro Mayors Association, the Municipal Legislative Commission, as well as the individual efforts of the cities of St. Paul and Minneapolis all deserve special recognition. Most importantly, I would like to thank the city officials from throughout the state who took the time to communicate with their legislators on the variety of issues that arose during the 1995 legislative session. As your lobbyists, we can do our best to advocate interests of cities throughout the state. But our ultimate success is firmly grounded in your communications with your legislators. We hope we can maintain the momentum and interests of city officials through the 1996 session and beyond. The scope and magnitude of issues in the next several legislative sessions will likely eclipse the events of the last several sessions. Gary Carlson 1995 Law Summaries Page 21 1996 LGA and HACA estimates The following printout provides estimates for the 1996 LGA and HACA distributions for all cities. As this edition of Cities Bulletin went to press, the Governor has not yet signed the Omnibus Tax bill, he is expected to do so. These are only estimates. The final numbers certified by the Department of Revenue in July and August will be somewhat different due to updated formula factors. The first set of columns describe the 1995 LGA distribution and the estimated 1996 LGA distribution for each city and the dollar increase from t 995 to 1996. The LGA numbers are the initial formula amounts before reductions for state costs l-hr the State Auditor's Office, and other state agencies. These reductions will be factored in before the final certifications are announced in July. In 1995, the total reduction for stale costs was $489,152. For 1996, the dollar reduction will be approximately the same. The 1996 LGA estimates are based on an estimated appropriation increase of 3.1 percent. This percentage reflects the most recent estimate of the implicit price deflator increase for governmental goods and services. In 1994, the legislature eliminated the local government trust fund and replaced the dedicated sales tax revenues with an automatic inflation adjustment for the LGA formula. The 3.1 percent increase is subject to some modification, but the final increase will likely be in the three percent range. The estimated change for the 1996 LGA distribution also reflects that 1993 aid distribu- tion is the minimum distribution any city can receive. Distribution increases in 1994. 1995 and 1996 are subject to redistribution through the LGA formula. This means that the current LGA formula actually distributes $26 million or 7.4 percent of the total LGA distribution of $348 million. As formula factors change, the distribution above the 1993 level for any individual city increase or decrease. The LGA formula factors include the city's tax base, the percentage of housing built before 1940. the population, the change in population, and the percent of the local tax base classified as commercial or industrial. The second set of columns provide information on the 1996 HACA distributions as well as the change from the 1995 level. These estimates reflect the recently enacted $16 million cut in HACA to cities, counties, towns, and special taxing districts. Statewide. cities will share in approximately 44 percent of the overall cut. The city of Hermantown will receive an increase based upon special legislation enacted this year. Please remember that these are estimates only. and should only be used for planning purposes. The final formula amounts for LGA and HACA will also reflect annexations, consolidations, updated fiscal and demographic data, as well as final interpretations by the Department of Revenue. For more information contact Gary Carlson at the League of Minnesota Cities. (800) 925-1122 or (612) 490-5600. Page 22 1995 Law Summaries 1995 AND ESTIMATED 1996 HACA AND 1995 LGAi ES~ '1096 LGA [_GA, Before Admin. Before Admin., Increasei Reduction~ Reduction! (Decrease) i Ada r~ 40014081 413,754 .Adams I 117,931 ' 1211~91 Adrian ! 202;2i 91. 210,228 i Afton 0 0i Aitkin Akeley Albany Albert Lea Alberta Albertville Alden Aldrich Al~xandiia Ail)ha Altura Alvarado Amboy Andover Annandale An~ka Apple Va!ley Appleton Arco Arden Hills Argyle Arlington A~hby Askov AtWater Audubon Aurora Austin Avoca Avon Babbitt Backus Badger Bagley Balaton Barnesville Barnum Barrett Barry Bass Brook Battle Lake Baudette Baxter Bayport Beardsley Beaver Bay B~aver Creek Becket iBejou Belgrade Belle Plaine Bellechester Bellin~]harn Beltram~ 272,927i 55,236 202,445 3,8711963' 10,031 56,941 116,897 822 1,160,926 23,712. 41,694. 83,825. 105,328. 227,859 ~ 1,126,497' 370,453 388,523 16,218 0 136,213 284,573! 57,174 211,120. 3,958,419 lO,405i 60,112 ~ i9,8111 1,068· 1,187,441 24,4701 42,435~ 19,663' 86,400 i03,805! 2~1,612· 1,165,606! 370,565; 401,2241 16,602 0: 274,594, · 57,407f 59,727 33,343~ 34,5651 f i 175,4521 180,718: ' 28,037: 29,090i i 454;950] 472,135] 131346 37860: 8,o0~i 0 il,646: 1,938 8,675 86,456' 374 3,171 2,914 246 26,515 7581 7411 1250~ 2,575 ~ (1,523~ 13,753. 39,109 112! 12,701' 384 0 4,304,590 ~0,3261 79,434 911298 34,592 65,433 266,59O 112,148 204,026 71,908 37,482 0 97,184 215,201, 125,407 33,8651 50,510~ ~6,526. 43,921 0 16,549 99,289 281,668' 12,240 60,5501 10,450 139,649· 3,436; 286,961. 12,367. 2,320~ 1,2221 5,266, 1,0531 17,185 4,480,801 176,2111 ~01882i 556, 82,870· 3,436i 103,829 12,531, 34.832 240 66,754 1,321 276,191 9,601 116,246 4,098 218,407 14,381: 73,5001 1,592i 381888 1,406. 1,160 8 o o 99,72~ 2,537 221,225 6,024 123,779 (1,628~ 43,440 9,575' 52,324 1,814 371014 488 44,902 981 0 0 16,734: 185 i03,455, 4,166 292,529i 10,861 12,9481 708 61,655 !,i05 10,896 446 LGA AMOUNTS I E~(mated~ FIACAq 1995 1996 ! Increase HACA; HACA~ ~Decrease~ 32,605i 31,750 '; (855) 65,782. 64,470~ 1(1,,312) 116,131 ~ 112,232i (3,899) 48,730 ~ 45,574! (3,156~ 5,656 51063~ ~593) 82,876~ 79;9§3_ (2,893,) 778,271 744,474 ~33,797) 6,824· 6,604. (220~ 138,223 134,505, ~3,718)~ 48,110' 47.242- i (868)~ 54i' 515~ (26)~ 389,044i 367,705 ', (2! ,339~ 8,438 8,3~6~. ~122~ 15,768 i 15 189 1579f 2,330 2,101 '~ (229~ 42,980 i 42,271 ~ ~709). 483,435~ 464,643,! (18,792t 128 848 1251007, (3,841) 718,8341 688:775 ' (30,059l 2,562,i121 2,49-7,473. 7,671! 7,597 100,243 87,607 ! (12,636~ 30,068. 29,189. ~79) 146,911, 144,517, (2,394: 23,743 23,105 (638: 8,293~ 7;828~ 78,887 77,170. (1,71T. 25 57i~ 24,787 ! (784' 188,983. 186,940: (2 043 1,342,762 ~ 1,322,84~ 1(19~ 8)_ 3,443~ 3,3141 59,743 57,634 (2,109) 331802 ! 3i 1596 .(2,206) 13,173,. 12,727[ {446) 16,350 15,964 ~ (386) 44,499; 42,858 ~ (1,641 62,78,5! 62,138~ ~647) 95,044, 93,0091 (=2,035)~ 28,547'. 28,0661 (481~ 18,245 17,740 (505~ 1,584'. 1,522~ 54,848 44,825 (10,023: 3~,6681 36,009- (1,6,59: 58;044! 55,873_- (2,171~ 203,452 195,267, .(8,185. 168,723 ! 159,086~ ~(9,637~ 16;0~6 ', 15,835 (251' 9,834' 9,389~L (445) i 4 978 ~ 14,~407 (238) 235,246 201,848 (33,398) 904 I]271 ' (77) 46'608 i 45,753 (855) 157,864 ! 151,332~ ~6,532) 4 222~ ~;053 ~ (169~ 7,108 i 6,880~ ~228~ 5,320' 5,1251 (195) 1995 Law Summaries Page 23 1995 Be view Bena Benson B~dha Bethel Big Fairs B_jg Lak_e_. .Bigfork . Bingham Lake Bkchwood Bird Isiand Bi~cay_. Biwabik Btackduck ·Blaine 'BIomkest !B-~oming.-Prairie_ .Bloomi_ngton Blue Eadh Bluffton Bock iBcLr. Up- - .Bov_ey Bowius B~-0y Riv~} Boyd Braham Brainerd Branch BranS'on .Breckenri_d. ge Brewsler B~icelyn_. Brook Park .B~:ooklyn Cenle'r B[o_oklyn Park Brooks Brookslon B-rooten- Browervil!e Browns· Valley Brownsdale 'BrownSville 'Browr~0n Bruno Buckma~ 'Bul~'alo 'B~falo La)~e Buht Bumsvilfe -~rtru~ Butledield Byro_n Caledonia- AND ESTI MATED 1996 HACA AND i 1995 LGA! Est 1996 LGA' !Belore Admfn. ' Before Admin. Reduction, Reducfio. n ! LGAj Increase (D_ecrease!. 85,061' 2,039 '. 2,256,616 -53,403' 16,t52 251 823,2.56. 18,978. 133,809 1,569 · ~6,8~j ' 770; 5_4,424 J. .2,006. 268,601 8,465 28,497' 879'. ,895 j 1,632 i 81 18,696 845 2,341 992 223,704 7,853 2,946 210 319,848 8,385 112,096 3,261 ,259,988 63,166 19,45-0J - 569 291 468' 14,~'15' 0 0 690,0191 24,"734; 3,347!- -725! 4,307.._ 86 7,58O ·360' 285,626 5,179 14,501, 935 2,036 87 67,4721 1,480' 199,026, 6,217 2.~082,517 i. 63,135' 25,928 j 3,849 55,940 2,516 ,024,599 21,536 0~ O' 37,994 J 2,398' 75,127, _2,809" 1.7,327_. 436 880,794 79,105; ;712'166 104,544 9,211 426 5,073 481 111,065· ' 3,306' 83,41-.8j . 3,890 232,360 5,59'6· 75.5~-9' "2,977i _. 33,47~ J 1,150 126,705· 4,132~: 5,80:1-: 492 580,202_ ,. :t 8,590· 106,773 3~43(J ' 392,7921 . .7,723; 327,129 0' 13_,~-13 j - 4¢4' 89,3761 _ 3,0-59· 185,062 '5;174; 465,09'5-I 1_2,963! 32,580 ~ 6.13. 83,022 i 2,203,21~ j 15.901, 804,278 132,240' 16,0821 - 52,418, 260,136 ! 19,618 80,263' 17,851 ' 1,349 i 2t 5,851 2,736 311,463' 108,835 1,196,822 18,881 ~77,453 0 665,285 2,622· 4,2211 7,2201 280~447 13,566 i' 1,9491 65,992 192,809 2,019,382 i. 22,079, 53,424 1,003,063' 0 35,596 j 72,318 16,891 i_ 1,801,689: 1,607,6221 8,785' 4,5921 107,759 79,5281 226,764, 72,552 - 32~320· 122,573· 20,958. -561 lO3,343 385,o69' 327,129' 13,429· §6,31-7~ 179,888' 452~ 1321 31,9_67· LGA AMOUNTS F$l~mated HACA 1995 1996 Increase: HACA HACA (Decrease) 29,854 240,294 2,508 107,917 15,002 6,358 7,927 168,124 3,633 18,781 9,014 53,486 102,651 4,455 108,733 39,161 !,645,132 6,512 153,391 3,742'3671 337,901 2,540' 520 1,203 68,479 7,538 ! 915' 21,401 ' 41,764 569,682' 123,604 I 19,5541 131,828 18,642, !7,392 37,370 2,944 1,336~593 2,809,246 3,829 2,189 26,739 17,035 55,3801 25,889 21,623· 73,311 '1,643: ~,442· 240,282· 72~9321 103,629 j 29,550 2,424 I O4,847 14,483 5,564 7,679 162,431 3,412 18,126 8,789 52,03-I 101,043 4,360 107,588 38,061 1,596~328 6,280 150,587 3,563,132 331,238 2,413 481 67,991 ' 7~284 ' 886 21,224 40,320 546,358 120~975 19,098 127,477 15,363 16,692 36,897 2,815 1,272,264 2,713,O64 3,657 2,109 26,016 54,861 21,072 72,600 1,528 8,~65 230,488 71,649 102,868 2,946,905.: . 2,851,902 4,O55 3,967 38.,4391 37,876, 190~082 .. 184,566 122,240 ' 117~547 5,038'~ 4,773 (304~ (23,t84t (3,070~ (519~ (794), (5,693) (221 }, (655~ (225'~ (1,452). (1,608~ (95i (1 (1,100) (48,804] (232~ (2,804} (179,235~ (6,663) (127). (39), (488~ (254~ (177) (1,444) (23,324~ (2,629} (456) (4,35~) (3,279~ (700) (473) (129) (64,339~ (96,182) (8o~ (723~ (914~ (519~ (779~ (711) (177) (9,794~ (1,283~ (761) (95,00~ (563~ (4,693~ (265) Page 24 1995 Law Summaries 1995 AND ESTIMATED 1996 HACA AND LGA AMOUNTS ~ 995 I-~Ai Est 1996 LGA! LGA- iBefore Admin. ! Before Admin. Increase Reduction! Reduction '~(Decrease) .Caiurnet '. 14,1,459 'i43,543 i Cambrid~e ~ 336,780 352,178 ! 15,3981 Campbell 36,974+ 38 0 i,5 ~ f, 041i 'Can~Y ~ 438 649~ 452~-730~ 14,081 ' Cannon Falls , 369,537 382,322! 12,785! -Canton ' _T 64 , ~671.~5 ~ 721 1' 1,454, Carlos i 31,4361 32,8401 1,4041 Carlton ~ 24'b1~ ~28 473~ 4.460~ 22,286 24,268? 1,982 Carver i ' - ' Cass Lake , 289,635' 295,784' 6,149 Cedar Mills I 596 ~ 6731 77 Ce_ nter City i 42'°53~ 43,8831~ 1;830' Cente rville 20 ;SO0 i 30,482 9,8§2 i .Champlin I 464,5771 482,025 ! 17,448 Chandler 34,385 35,115' 730 Chanhassen i 0' ici i Chaska '. 332,3201 363,024~ 30 704: Chatfiefcl , 292,141 i 307,0261 14,885! Chk:kamaw Beach ' o! o' o: Chisago City ~. 238,4241 248,79i ! 10~367 ChiSholm 1,469,209 i,510,610i 41,401 C~okio i~; t~i i~96z70~! ~9,222! ~i 2,514 Circle Pines ' 250 750 i 254,048 ! 3,298 Elara (:;it)/ - ::'05~685 t 214,~i 6 t, 8,6~¥, Cl~iemon~ ! §-/,6281 90711 i I 2,4831 Clarissa I 152,687 156,023 3,336 'Ciarkfield , 241 i58! 247 585t 6.427! Clarks Grove 72,598 i 75,158; 2,560 j Clear Lake ' 44,492 ~ 45,50~ i,011 Clearbrook : ' , 94,507, 97,0821 2,575 i Clearwater 20,631, 22,344 ! ~ ,-7i 3~ Clements ; 27,722i 2§,4411 ~i9i Ciimax - ; 36,867i 37,665'~ 798~ 'Clinton 142,6~3! -145,180~ 2 ~5-0-7 Cliih~rail ' i 11,8081 11,9361 128~ Clontarf 2,481 2,509' 28 CIoquei I 2,~7Y,6877 2~22i ,514! 43,827! Coates 163 355 192 Cobden ~25' 'I,039: 114 'cokato ! 291 922i 30-6,3041 14,3§2i (:;0Id ~Pring '. 254,~91 ! 26316781 8,887. Coleraine ~ 326,039. 333,144i 7,105 i coiogne . 31,602: 33,267[ 1,665: Coiumbia He!ghts I 2,055,8!7 i 2'1 ! 3"9~¢ i 58,145 '. Comfrey 115,610 118,235. 2,625. Comstock i 10,4,87 i 10~575 ~ 88 ~Conger ' 25,519 25,992. 473 Cook ! 52,972 '. 57,335! 4,363' Coon Rapids - 2,367,324 2,450,882~ 83,558 Corcoran 291~§3! 33,326 3,743 Correll ~ 3197~i 4,222 Cosmos ~ 104,191 i 106,568 i 2,377! .Cottage Grove i 960,695 '. 9771,53,(3! 16,835 i Cottonwood t 149,107! 15316371 4,530 I Courtland ' 25,753~ 26,643 8901 Cromwell 11,497 ~ 11,964 1 Estima~e~ - ~ACA1 1995 i 1996 Increase i HACA L HACA (Decrease)! ~4,72iI 44;419~ (302i ~31 ~148 2i8,~i 2~ ~¥2,236-t 6.235 ~ 5,974~ - (26i~ '14~',~3 7 'i44~3-7~ ! - (2,1~0~ 274;758 ~ 265,77~ (8,987~ i8,~58 ~ 18~17i% (38~ i0,34~ ~,996~ (3~9) 54;~64 ~ '53,1 ~ ~3~396' 6~ ,406[ 27,82~ ~7,~99]' - (625) ~'~ 4 i ~ -(12~ ~6;041; 15,393t ~648~ i0~,2~8~ ~83,~1~7 (3,135~ 45,~6Y~ 45,04~ (223~ 920,~2~r 89`5,9441 ~24,485~ 10,~68 ~ 9,~1 ~k (65~ 968,2~8 ' 9~, 12~: (29~1 i 3~ 278,3~T 266,496 (11,887~ ~50,58~ ~6,475; - (4,108~ ~,~9~ 2,~ - (8~ 121,087'~ 116,65~ (4,42g~ 5~;~ ~o,g~g ~ (5,50~ ~,00~! 2~,53g- '(465) 210,588~ 202,451 '~ (8,137) ~8576 9e,~59~ ' (2,0~i 46,540 45,g05, ~63( 3~,87~ 36,365~ '-(508', ~3~,7~i7 ~30,83~ (f;076: ~ 3,443. ~2,869~ (574: 14,922 14,36~ (553, 10,536_ 10,360l (176 5~,753 [ ~4,~ (825~ 21~ ' 21,322t -- ~'4) 41,66~ . 41,~ -' (38'Y~ 9821 9091 (73 6,338 6,275: (63~ -7~ § 9~9_~ 688,26~ (30,646~ 2;g8~, ~,833 ! (15~t §82! 862~ - 1~;~39] 186,1~2~_ (4,64~; 132,478 131,143 (1,335 40,185~ 38,7~'J ~ '~. (1,474; 978,510; 939,638' (38,872 50,669~ 50,30~ (364; 1,457, 1,347 (110) 6,172~ 5;9~% (235~ ~0;9¢~ - 40,07~ ..... (920) 2;424;~ 2,353,247 (7~ ,359) 215,399~ 208,993 (6,406 ¢71' 7~ (54) ~2,20~ ~ ~i ,513~ (690~ i~398,4~F 1,~54,630 (43,800) 62 ~58~ 60 4~F (~ 24 599! 23 856~ (743~ 12 005_ 11,663 i (342~ 1995 Law Summaries Page 25 1995 '-~rook~{~)n cr ;Lby -' Crosslake 7~ryst_aF Curde iC_ yuna ..C_yrus .... Dakota ~anu~ Danvers '~dur ~assei Dawson De Graft Deephaven 'Deer Creek Deer River Dee~ood 'D~ano 'DeCa~an Delhi D~wood Denham Dennison Dent 'Detr~ ~akes De,er Dilw~h .Do~ge C~nte~ Donaldson Do?nelly. Doran Dover 'dovrgy Duluth 'Dun~s Dundee Dunnell .E~le B~d .Eagle L~ke East Bethel ~ast-~'rand Forks East Gull L~ke ' E%ston -' Echo ~de~-P'rairie Edina Elfie Eitzen Elba Elbow Lake AND ESTIMATED 1996 HACA ; 1995 LGA1 Est 1996 LGA LGAi Before Admin. Before Admin. Increase !. ReCuction, Reduction_i (De_crease.)j 1,861,859' ~,38,43~)'i 1,813,481 ' 41,373 19,925' ' 44,p~5 ! 6,004 2s, .'26; 93,437 ! lO,86_oI 13,865 3,652 155,694 333,972 29,765 3,004 0 27,840 152,874 66,405 ~-__60,826 42,430 12'97~1 _ 17,471 57,530' 441 ~816 317.2961 1,647 ! 22,831 'l 5,604 J 50,570 7,227' 17,429,8161 18,703 30,036' - 7,3~3 ! 32,673. 0 130,875 12_3,531j 94,596 ! 1,495,413 0 35,49O ! 7_4,267. 137,573 i 0 13,605. 2,355 !_ 8,8s i 352,545 - 14,1i~' 0 0 1:871,6_74 58,193 42,870 i ~ ~497' 45,452' _-- 1,407 6,94b i 936 29,35~0'1 '- 8'~4' 95,755 2,3 11,172. 312 14,256 391 ' 3,856 204 346,891 12,919 34,423 4,658 3,646; 642· 0 0 157,376; _4,5024 67,454! 1,049 366,674 5;848' 43._~06'. 8761 13,229' 256 0 -0' 18,093, 6~-~ '- 12,402i -- 608' 1 ~1'42,234 ! '~3,266 ' 331,0951 13,799 1,662. 15 24,184 1,353' 5,72~· 125 51,7~5 ~ 1,205 7,45'~' 231' 17,970,:~ 40' 54_0,_3'24 ' 19,348: 645' 31,6991 1 J~83' 7:9681' 33,744 -i,o711 133,682 2,80-7 ' 131,95'-6' 8,425 36,448 958 75,494 1,227 _.13~,7~_5i ' 3,4-27 ' 142,527' .__4,95~ ' -- d' oi - 9'-~.1 - -0' 1_4,169:_ 5__64j 2,852 497 ' 25~,044 ..... 7,i~8~ AND LGA AMOUNTS 1995 HACA 533,839; 12i ,966 13,390 1~,285 . 6,105. 11,422 ~ 7,8~8 54,487 5,215 8,467 3,202 99,~69 145,600 197,084 1,029 221,506 15,970 67,481 3~),875 122,327 27,407 2,994 42,d48; - 2641 '- 2,948: '~12,258 81,456, 114,404 ~ 12,352 1,653 12,779 3,979 2,107 10,476, ,697,723 71,096 168,974 ! 470,323 6,658' 22_,247 j 26,001 ' 69~-;056 Estimated 1996 HACA 52~,,1981 118,422 ! 9,966 1,026,~641 13,042, 5,7841 11,112' 15,7791 715_391 53,846 5,005 8,324 3,141 97,954 142,710 189,739 916 2t4,528 15,6~3 66,392 29,063 117,837 ~ 27?69 2,868 I 39,861 233 4,838 2,805 ' 296,062 30,895 77,874 111,03O 1,925 12,088 !1,609 12,167 t ,838 5~277,679 3,819 21,028 2,055 10,326 1,606,017 I 38,375 69,175 161,493; 455,839 5,!01 2.1,9211 _ 25,7¢3 I 587,741 i _ 42,878 41 ,__78"7 I_ ¢2,063' -' 70,165' 1;002,~63'- 916,8-~21 -0· '- 0 32~:~ 03'~ 3_1,7~4'.. 2,418 2,351 63,3-80 ' 61,501i HACA' IncreaseI (Decrea.se)I (~,641)~ f~-544~ . (3,424)' (42,654~. (24.3), (321), (348~. (269) (2~1o! (143!~ (2.89o~, (7,345~, (3o7) (1,089~ (126~ ~43~ (295~ (3,582} (3,3~i (264~ (44i (612[ (a3~ (173,538[ (~6o~ (796) . (52~ (91,706) (7,481~ (~4,4~4~ (1,557~ (~o¢,a~5~ (~,o9~ _ (1,898~ (~ ,8~ Page 26 1995 Law Summaries 1995 AND ESTIMATED 1996 HACA AND LGA AMOUNTS i995 L. GAi-Est 1~96 LGA~ - LGA Before Admin.' Before Admin. IncreaseI ~ ReductionI Reduct!0_n! (D~ecre_a_~e)~ EliZabeth !- 19,5-87,- ~2-0,4~5~ i~ 818t 'Elk -River -- ~ ~47 482; 241,931 ~ (5,551~ EIk~" ~ ' 2.~7~ 2.53~~ - ~61-. Elkton '~ 12,605 12,8561 251 ' ~llenSalE 75 20~f 77-759~ 2 5~6' Elts~odh i 91,548 ~ 94,560i 3,012 EImSal~ ~ 1 69~ 1;979~ ~8~ ~lmore ; 149,189 154,115 ~,926 ~ ~l~Sia~ 104,209 i 105,671 i 1,462 Emil ~ 5,049 5 049; 0 Em~sn~ ] 70;802 t 71 Ers~i~e ~ 53,775; 56,~64 Ev~ ~ ~;~03 [ 3,5~ ~ I 20~' E~a~vi~iE ~ S7;8~ 2~ s9]732+ 2,~20~ Ev~ik ' ~ 1,~22;68~fi;~ 63,297! ~0,6~6 Eyota ' ~ 92 ~40 7 ~9,~ 7,257i ~idaX ; 221 ',36~ ~ ~29791 2 108 934 2 165 793 Falcon He~hts 186,197;~;~] 197,356 i ~1,159i Faribault ~ 3,371,211 3;458,708 ~ ~7,~9~ .Farmingt0n ~ 358,487 i 367,7251 9,238 Fa~ell , i5,941] ~6;165( 22~ F~er~Dam * 2;~5 2,904 ~ 59 F~lton } 28;~49 ! ~,7~f: ~2 F~rgd~l~E ~ 2,5~2;415 ~ 2,561,9~6~ 49,5~1 Fedile ~8i ,~7~ ~ 05,~43~ 4~846 Fift~ Lakes ~ ~ ~ ' Fi~la~son ~ 17,1761 17,5101 334, Fisher , 23,726~ ~5;256~ ~len~urg [ . ~ 7,~2 '. ~,68~ 604 F~oodwood 134,290 137,412 Florence ~ 8 ~7' 8,528 Foley ~ 270 822 ~ 283 2451 12,423: Forada 900 ¢~rest La~ i 32~;~2: 332~387 ~ lO,415: Foreston ; 2~ 7~0~ 28,05~ i ,31 Fo~ Ripley 161 ' 161 0, 'Fosston f 280,3~] 29~,~4 10,192' Fountain ; 29,529. 30,574~ ~',045; Foxhgme. ] ~ ~;203~ i~,~35~ 63~' Franklin ~ 121,317 ~ 123,324, 2,007 Frazee ~ ~5,~ 154,211 ~ 8,609 Fr~eb0r~ ~ 3~ ~34~ 34 228 ~ 29~! Fr~o~ ~ 61,111 62,982: 1,871 ~Fr~d~7 ~ ~ I ~ 5~;526i 1,629,639] ~,113 Frost 43,363 44,460 1,097 Fulda ~ 24~7~61 FunkleY ~ ; 50: ~ O 'i Oadield [ ~ ~651 8 2~ F 839i Garrison i 5,679 5,679~ 0I ' I 38;417' ~9,2~4/ 827 Ga~in Ga~ ~ ~0,~2~ 51,263] i,i39; Ga~ra . 350,559 ~ ~64,1~3 ~ 13,604 ~ Estimatb¢~ ~/(C~ 9951 1996 ] Increase H~A_~ HACA] (Decrease)J ~9,590 J 48~1486 _ (1,104; 5,368, 5,261 614,397~ 5_93,144 .(21,2_~53'. 21,41_5~ 20,868~ . (547 8,497 8,311. (186) 281113, 27,262 (851 31,092~ "3,0~657~ (435) 5,613 5,511 (10¢ 68,7361 687161' (57~ '121~55t 121140] (315)~ 318,5967 31<97~ (3,618~ 36 240; 35,604T (636~ , ~ , , 44 472' 42 692, (1 780 15,3321 14,857~ (475)~ 3;00i ~;863~L (138t 24.654' 24,219 (43~1 ~ 6>~34 15,~95- (6;9~ 354,304~ 3~;~ 4 F (4,890~ ~ 49,~49 / ~ 43[~8~ 94~615] 92,0~i[ (1~84) 53~,47~- 513,212~ (21,258~ 168;~5~ ~ ] 62,026 ~ (6,028~ ~4¢,360~ ~,2;50~ (34;~5~ ~9i ,012~ ~8~49~ ~,51~ 2,~20; ~,08~ (3~ ~97; ~ (6~ 8 215' ¢,963~ (~52] ~59 726i ~29.038~ (30.68~ 59 972 [ 59,223] (749~ 6,~7~ ' ~,582 ~ --(795~ ~,~0~[ ~,~06~ i6388~ - ~5,996 7~626~ ~14 I 2;018 :; 1,9797 (3~ 67,~88 ~ 65,1 ~-- (2,70~ 3;587; 3,~9~ ~9~ 242 ~57f 230,7~% (1~8~ 5,2831 ~,8781 - (40~ 104, ~67.; ~., 9i~/ 35,900 35,393 ~ (507~ 2,984 ~,898~ 37,642 ~ ~189 ] (453~ ~4,3~i ~;ozs 54,8~ ~ 5~907 / (91 1;083,7-79~ 1,040,16_8~ (43,611; 22,200 21,955~ _ .(_245; i 91,168. 89,837 0 0 · 6,094! 5,861 i 3 67~~' 3,42-4 i 3,8641 13,789 ; i2,118i ~ 1;932- 175,1171 172,501 (1_,331', 0 (233; (2461 _ ~(75~) (--186) (2,616 1995 Law Summaries Page 27 1 995 'Ge~ Lake 'Gene~a' 'Geno~ iG~_'orgetov~n . Ghent Gibbon Gilbert Gilman Glencoe 'G~nwood ~!yr~doJ~' G._~olden Valley Gonvick Good Thunder 'G~Shue ' Goodview Graceville Granada ~rand M~rais ~ Gr~nd M~do~ ' Grand Rapid~ 'G ra'~i[e Falls '~rassG'~ :G~een Is~e Greenbush 'Greenfield '~'reenw~d Greenwood ~(ey Eagle Grove City G~gla Hackensack Hadley _ _. Hallock Halma Halstad Ham Lake .'Ramburg Hammond Hancock 'Han!eyZalls Hanover '~arding-- Hardwick .H~r~ony Harris Hatfield H~ard ._ Hazel Run AND ESTIMATED 1996 HACA 1995 LGA' Est 1,~96 LG~,i .Before Admin. Belore Admin. Increase i Reduction Reduction (Decre_ase). 39,839~ 157 8,414 39 367; 591,146j 672,524; 59,426 t 4'76,462 87,6221 61,028, 74,369 77,805' 22,290 _! 38,545 J 48,463 224.,452 1_38,454 i 1_,296,576, 540,964. 14,756· 45,762, 139,717. 5,519 8,516. 0 59,636 116,597; 35,164[ 6,717 ! 13,861 272,163 ] 5,730 92,758 172,103 33,353. 9,9¢4 14,229 99,790, 50,716 i 17,604 64,5i0! 793 29 078t 225,804 t 26,638, 47,521 963 161,558 174,746 ~ 36,0021 8,4~7' 1¢7 40' 8,523' 1'09 j 40;_930 j 1,75_63I 142,707l 3,936; _. 60~974 ! 18;§28 i 1,399 238 684,610'~ 62,841. 3,415 491,934, 15,472 91,173 3,551 19,150 0 62,453' 1 ~25 76,e_~oj 2,441· 80,086 2,281 22~7~1 ~ _ ~4~ .~89,17~ 6,764! 143,064 ~ 4,519 229,964. _. 5,~2I 141,886~ 3,432' 1,318,094' _~1,518' -556,16~' 15,202 15,183' 427· 47,005: 1,243' 143,~56~ 3,439 8,359; 2,840 9,344 828 o 61,09¢~ 1,4631 119,0~l 2,501 35,913 749: 7,00~' ~8~ ] ~,86'~' o~ 3,456' ~5' 6,051 321, 95,787 3,029 34,6341 1,281 10,¢76' - 682' 104,~4zi 4,~1 51,526: 810 18,966, 1,362 66,627 2,117 i - ' ~9~~ -~8' 30,0~ 98~' 232~24~ ~ 6,440' _~,~97 _. 47,781 260 - 1,270,889j 36 963' . ~72,545~ o,~sYi i82,0k'2~- 7,2~61 - 36,7041 ..... 702, AND LGA AMOUNTS 1995 HACA - 9,010.i. 2_4,680l 971, 6,787 14,58~4" 93,994 296,180 36,564 234,366 59,642 1,756,770 21,752 60,6011 46.885 ~ _2,095 225,505 35,965 .. 12,893 .107,164 57,321 505,737. 78,079' 4,278 32,678 36,086 81,556 9,204 38,702 14,930 38,613 5,780 1,673 12,151 768 68,3171 2,786 207;073 43,821 3,880 41,688 20,892 39,112 32~608 568 ' 6,756 81,560 27,896 1~356 · _._1,00_2,622. j I 1,715 · _. 53,577. .. 144~7~_5.. 1,746 Estimated ' HACA 1996 Increase ! HACA.~ (De_crease). 8,369 ' 24,180 915 6,612 14,232 93,217 177,328';. 1,670 k84,623i 35,645. 230,629 58,619 i 1,701,088 21,4951 60,003 45,619 219:602 ! 35,420 _ 12,680' - 103,444 56,498 480,689 71,619 4,170 32,305 35,323 78,986 9,008 37,062 14,529 38,135 5,541 i 1,5¢6' 11,597 697 66_,6651 2,743 42 568' 199,296 42,701 3,769 18,906 41,092' 20,6561 37,900 32,136 542 6,506' 80,303; .26,8_43 ! 12,974 9(~3,9~50i 17o51" 51,392 142,9-61] 10,044 1,675 (641~ (5ool (56! (17~ (352~ .. (777), .f1,85Q~, (!1,557) (919) (3,737). (1,023) (55,682) (257~ (598) (1,266~. (76.). (213~ (3,720) (_823)~ (25,048) (6,~60) (373) (763) (2.~o~ (196) (1,640) (478~ (239~ '(77) (554~ (7~ (1,652~ . (43~ (643} (7,777) (4o5~ (596)~ (236~ (1,212~ (472) '(26~ (25o~ (1 (~,o53~ (~2~ (3~,~z2~ (64~ _ (46~ (71) Page 28 1995 Law Summaries 1995 AND ESTIMATED 1996 HACA AND LGA AMOUNTS 1995 LGAi Est 1996 LGAI LGA1 IBefore Admin. [ Before Admin.[ Increase[ Reducti°nl Reduction]_. (Decrease)l Hector - i 201,982~ 208,3147 -6,332~ Heid~lb-er~ .~ 752 1 -- 867' - '115~ '~le~derson i 147,9.5~)~ 151,93-5- 3,979~ ,_ . -,- - ~:_~48~ Hendric~ ~ 130~.566 ' -~-.8~ '~-2~8 ~end~um -- ~ 41,1~ Henning ! 1_36,315j 140,701 4,386 ' 1,341 ' 1,578 237 Henrie_tte ! ~1-9,8701 122,429 2,559 Herman Hermantown ~ 472~4031 "~,494 6,091, H,~rnn .ak~ , 135.607~ ~ 3-9.9~3 4,3~ ....... La i " ~ "'- - "- 'Hewitt , 29,323 30 775 1,452 I Hibbing i 4,017,381-[ 4,14~)',~2!~ '1-~3,340~ ~i, ~t~ i 471794i 49,050_~_ 1,256j Flillman ' i ~20! ~ .695 75~ Hiii~ ~ 91,8481 9_4 410 2,56_ Hilltop . 54,898. 57,356 2,458 Hinckley ~ 132,341 131,052 (1,289) Hitterdal ! 40;904 7~ ~ 4~:1,789% ~i ~ 88_5~ Hoffman i 79,165 81,623~ 2,458' Hokah ~ i43;318] i 46,¢5] ~ ~4_33' Holclingiord i ~08,616i '111,470 2,854 Holland 35,918 ', 36,660 742 Hollandale i 33,798~ 34,5-16f 718 I-Iolloway i 13,562~ 14~025~ 463. Holt I ~,525; ~-808r,-- _ 2837d Hopkins 794,335 ' 804,832 10,49 HoustoE 177 679 ~4 037 6,358 Howard Lake ; 156,366 ~ 163,791 7,425 Pl~t La~es ? 247,4~! 260,0§~ 1~620 Hugo ~ 26,895] 26,034 (861) lhle~ I 12,514~ . 12,918~ 4~4 Independence ' Internationa-I FailE ~, 2,134;5'1~i ~,180,488 '+ 45,974, nver Grove H~i~qht~ [ 436,822 F 447,835, 11,013i Iona -- i 31,264~ ~27)36~- --~72~ lisn 5bnction ~ 3,711~ ~_,_57~ '. _ 2461 i~onton , 100,203[ ! 02,960 ~,7571 Isan{i ? 219,845~ 230,18~ 10 337 Isl~ I 65,99i ? '66,5~_~ ivanhoe i 133;5431 13-7,1_~ - 3,6~ jack~on ~ 844;493~ 865;:17% 20,680[ J,nesville ; 251 ~5i I 265 8i9~ 1'~-.068 ..... ~ " ' ~'- -- ~756' ~a~per L 111,950~ 115,706~ 3, 56~ J~ffers ' 72,752~ 7~4,8~71 2,0~5, ~enkins : i0,836~ Johnson ~ ~ 7~d; i,a~ {3~ Jordan 267,746, 279,038' 11,29 Kanaivohi t 42 ~57~ ~03~ i~46 K~ota ~,288 ~ 57~ ~,527~ Kasso~ ~ ~02.~60~ - a~6 ~6~ 14~a0~ K~iher ~ ~9~: 26 20~ ~77~ ~ne~ ~ ~2~ ~ 37,~2~ ~5~ Kenneth ~ 10 269 [ 10,601 ~ 332 Estimated I HACA 1995 1996 / Increase HACAZ HACA~ _(Decrease) 116 889 117,083~_ (1,806t q ,5~ ~7557 i_- ' (28~ /760 -31~658-' --_30,93_0~ ~728~ 12,3~ ~'2,08~ .(273~ ~ ~49~ (825_~ 764 724 (40 31,922 31,350 . (572) 246,241 435,399 189,158 43,640 42,955 (685) 13,542 13,349 (193) ~,228,890 ~00,454 (28,436) 34,772~ 33,964-" (8~8~, 17,06~ 16,377 . ~684% 24,416; 22,459~ (1,957 -- 53,92~ 5~ ,009' (2,9141 10,927 ~ 10,791 (136 '23,020? 22,245 - (77:'7 ~5.42~- 44,727 (698) 55,918 55,230 (688) 8,674! 8,513 (161) 13,501 ~ 13,038 (463) 6,270 6,008. (2621 i,171-~ 1,11~1 '(58~ 97~.72~ 938,151~_ ~9,595~ ~'.~6] ~3.291[ (1 26~' ~2.212~ 69,0~ (3,174) 133;~ -- 126,8~ (6,~2~ ~25,~16 ~ 2~2~6, - '(7,2~ ~,71~ ~-,638~ .... (81~ 953~ 922;i 62[~ -(31,3~ 180,848 _.173-,-~.573' (7,275 539,666 520,568 ~ (19,098) 970,525, ~066 L (41,45~ 9,059: 8,863~ (19 1,5081 1,454 i_ (54; 48,674 48,038 ~ (636 82,536' 79,542~ (2,994] _22,8.021 21,044 ~ .~ (1,7.58' 37 715 37,081 '~ (634 2§7 836r 283.1;t6 (4.690) 136,6331 134,503 (2,130) 16,310 ~ 15~544 ! (786) --18~31 - 18,231 L --(362i ~ 5,210.] ] 4,9~3Li~~ _~(_267~ 1,1901 1,148~ (42) 154,084~ 147 336~ (6';~, -i6,65-7] -167,0'50 ~607 ;, ~43~3! ~,45~' (1-,0~)~ 28d,059 ~- 2¢_~,446 [_ (5,613~ 99,~O6 ? 9-9~ - (672)~ 24,430[ 23,995 (435) 2;380~ 2~,294 ~_-- (86t 1995 Law Summaries Page 29 1995 AND ESTIMATED 1996 HACA AND LGA AMOUNTS I -1-995 LGA -Est-Y996 i~73A ..... LG~,i I - ' ~Estim'atedr HACA ,Before Adm~n, Before Admin. Increase: 1995' 19961 ncrease I Reduction R_educti_on I (Decre__ase) _HACA _ HACA, (Decrease). ._Kensin_.qt_on i 3-5,406; Kent J {'5,346' iKYny0n ~ - . , 20-6,692' Kerk_hoven 113,243 i 'Kerrick '- 3,160' "~e~tle R~ver ! 26,833' ...."~ieste¥ , . 12-3:061! Kil___~kenny_ ._ 26,483· Kimball - i ' 41,660' -~'nbrae - - 921 .Ki_.nney _ '.1 72,133' La Crescent 279,130' La Prairie 37,81'6i La S.__alle 6,343 j 'Lalayette I 79,455 l Lake Benton ] 77,46_6. I 'Lake ~OnSO-n I 48,466 Lake City 6!~8,521 'Lake C_rystal _ I 255,3161 ]La~ Elmo _ . I -4,492,' !L_ake _Henry-_ 3,856 Lake Lillian ' 43,0,55 i 'Lake Park .... 98,~3-9 ] _ 'LaTe ShOr-e - --i 0 .Lak__e St Cr.__oix B._e_ach ... I 11,8(~4 Lake Wilson 491486 ' -Lakefi~'cJ _- t- ~'-~3,85,5 ' 'LakeT~nd _ i 9,5-571 iL~_kelar¢_S-~or_e. ~ Lakeville j 482,655" ....."~ambe-r~on 1 ~9,44.'i i Lancaster 56,1401 'Lar).d'fall ; 1,270. Lanesbor5 185,023_! .Lap__orte _ I 5,278 iLa_s, tru? 4,376" Lauderda~e ; 38u,990i' 'Le--~enter- ' i 26'~,866 ~ _ iL__.~e Ro-y_ __. [¢ 108,507 Le Sueur 6'--03,5~:5 ' '~engYy -- - -' 21~'163 ~' L'--~enar~ "' 1164'0] ~Leor~&s -' ' 43,461 I -~este~: lbrairie i - 136,6751 Lewiston '~ _ 108,249 ! . Le_wisville 31,396 -I:'-exin-gt°~ - i 13_5,857_: Lilyd_ale _ 0 Lindstrom -i42,909 ~ I_!no Lakes_ ! 1 ,i,9,589 ' Lismore 52_,71~'i Litch~ie d .... 932,010 - L-~tiie Canada i -~:~'939-i 'Litti~'Fa~__ - _ _-! - 1,52___~1193~j Littlefork _92,131_ L---~ni~ ~ach - 216 L_on§_Lake I 58 1¥8' 3~,67'~ - 1,2~01 J -' 13-7861 13,679' 1-5~'._71 ~-I- 1~'~3 ' ~,~'8o9 ' 215,045~ --9,353ji 'i55,267' - 152;457' 116,~,5 ' ,~,402-' 27,592 i 26,567' 3,31~'; 1~1' 815' 73~' 27,~81: - --4281 ' 9,683: 9,~.45' 126,-1'21 %06E1 I ' 49,4-~0 j 49,016 _ 27,i._~_81 '67¢ . _ .7,09.0.', 6,976 44,6401 2,980 46,001 45,032 '-' 3~- ......... ¥6o, .... 1 I 936, '902F ,5,82-~I -'41~ 2,1-'~ 1 2,098-' '~3,74~'1 1,614; 31-~284 ' 31,0~5; 288,0¥7; 8-7~87' !~ _242,114; 234,382 38,596.. 780' ._ 33,5_43! 3~,364'I 6,776 43~ . _ 2,109 , 1,983, '81,769: 2,-314' I 31,284 30,'/42 181,494' -_ 4,028: _ 60,:7-25i 59,9541 4~75_88; 1,12~' 14,792 ! 14,593 71.7,4321 18,911' 233,664 224,045 269,866 1__4,550 132,'~75 ' 129,889 4,;194 i 0 t i 84,988 ! ' 176,§91 4,04¥I ~'~9i 3-,790 3,722 4'4,06!~ ' 1,0~i~-I I 17,~32 i ~ 1.-7,358._,i 10-~ ,7627 - 3;_4-,5~ i ._ - 3~,'202 ' 34,446 _(.756) '~-i 0 11,387j. -_ 9,3.8__0: .- (2,007) 15,301~ . . 3,43__7 i~ .' _ 3~,919 _ 34,6151 (!..,304) 502950 L. 1,464 _ 28,434 28,111' (3·23) 466,198 12,346 194,121' 1-92,29~'; (1,825) '¥6'516-1 -6'95'-~-I i -- 31~'827" ~0,08-5'! -' · (~i "0 ' ' 4,080' 3,752 (328 477,8~'5; (4,~70).' "1,746,247' i,700,9621 (4-5,28.~ 174,630 5~-'~89j ~73,007i 71,899; ' (-1,108- 57~726', ' '"i '586 ', i-] 17,098 ,:' 16,831: (267). 2,756, 1,4~-6' 17,538 16,198: (1.,340). 189,98~' 4,¢57' 54,750' 53,339 (1,411 5772-'-0 ' -~42~ 1,~;40, 1,549' ' (91~ 4,84-~; ¥67 ! ' 2,886 i 2,79i i (95)' 46,87-9i 6,8--89 ' 84,01-3' - 80'502 282,5~5 ' 13~'~2.~ -~ 12,86·6 ;' 1'0'-9;94~' - -~'_13_,919~ --~,412_J j._- 45;322- - 44,,5~91 (_1,043). .. 616,290J _ -1~,7~'" 1~'9,17~) i- 156;~-25 -(8,3451 __21,571 j _.~0_8j i_ 7,510i _ 7,4~,1! (59) _ 1,742,._ 102[ ' 381 360 (21~ . _43,716i -~-55' "9:810; 9,¢~7: (63?. 142,2701 5,59--5 ' i- "i 06'¢'61 i 1'04,2201 (2~041t _~'i 5,22~-; 6 ?~.__0 ! ' 59,:493 ' 56,95~; (2,542)j _32,3361 940' "10.508' 10.253 j (255l 146_,4141_ 10,5-57j , ' 78,627' 75,7-63 (2,864) 0 ~i~20l ' 7,352' 6,162i -~2,'7,571j_ - 6 119,476i 114,976; (4,500i 14~;212' -(6,37_7-t j 434,924 415,747 (19,_177). ~'3;714'- ~1,00-0" '- 'i5,4~9 i 15,17~; (260~ ~57,9~-21 25--,'ff22' i '32_8',83-2 ! ' 318,1691 i10,6~3~ ~,,~83'-- --~',844' i 4_1.2,1_~5: _ _3_9-9,10_5-], -(13,02~)~ '~',56~,-~b'--3~-~17! 269,119 256,959 j - (12,¥~'0~ ' 9'~-,795] 3,664· ' - -~1,~l~0 ;- - 20,~'~'0' - _ -(700~ -- '389j -':173; '" 1,1 -~3' 1,092T ' --~4.,253!- ~_1~'~.~ :- -f6_4,~12; '-~59,5-~1_; _ (84)~ -(2.~ot (1.0_25~ (77)~ / 38f t.454)~ (96_9.~ (34~ (249}~ (7,732~ (1,179~ (126) (542t (771! (199) (9,619) (2,886: .. (37_41 1995 Law Summaries Page 30 1995 AND ESTIMATED 1996 HACA 1995 LGA I Est 1996 LGA LGA 3efore Admin.' Before Admin. Increase · I Reduction I Reduction (Decrease) Lon~Prairie ~, 526,5121 541,5231 15,0111 Eo~gville - ~ 6,66~ i ~,6~7~ LonsSale ~ 80~943~ 87,022~, 6~079 I Lorei~0 ~7,~ .... ~ Louis~ur~ ' 3,111 ~ ~8 ~ 127~ [ow~ ~ 45,~ 18: 46~5~ ~ ~237~ LU~a~ [ ~8,14~ 49,1~ 9~ Luv~rne ~ 929,041 ~ ' 950 bl~ 2b,976 Ly!? , 82,513~ 85,611 3,098 Mabel I 168,06g ~ 172,32g `4,280- Madelia 320,860 338,047 17,187 Madison iii~ 453,903 i 470,231 16,328 Madison Lake W, 68,464t 70,533" 2,069 Ma~olia 10,67i ~ 11,48¢ --810 Mahnomen 261,346 i 265,366 4,020 M~hiomedi ~ 144,8551 148,130 3,275 Manchester ~' 5,68~! ~i-869 186 Manhattan Beach ; 0[ 0 0 Mankato ~ 4,827,857' 4,942,977-- 1 i~5_, 120 Mantorville i 122,459' _! 25,629_ _3,.~_-70 Maple Grove [~i 15;0,225! 152,677 2,452 Maple Lake ' 136,4501_ 142,525 6,075 Maple Plain 53,4401 62,444 9,004 Mapleton i 183,494 ]' 193,57,5 10,081 Map_lewew ~ 56,8071 57,789- - 982 Ma~i~w°pd i 715,268-J ' 748,23~ Marble 239,0651 243,126 4,061 M~rietta ' ~ - 58,630 ! 59,370 740 Marin~On~t Croix ~ - 0!. _ 0I- - Marshall I 1,397,477! 1,432,789~ 3~._,31~ Mc, yei ; 25,601T 26,424! 823 Ua~,n~rd I 9~,214 99,339 ~ 2(125' rvl~z~ppa I 72 ~§6 75,148 ~ 2,762 MC'G rath ~ ~96 L 1,0.-~7~[ 101 Mc Gregor i 66,604 ~ 68,063 ! 1,459 Mc Intosh t ~ 06~,5`5| 11012-07~ 3,852 Mc: Kinley * 69,53~[ 69,-793 - 263 Meadowlands 1,4;~77~ 15,098~ 321 Medford ~ 95,743 ~ 98,470 2,727 Medina ' 0 ~ ' 0- 0 Meire G rove ! 8,219 ! -6,687 468 Melrose ', 500,031 - - 512,22~3~ ~,1921 Ivlenah~qa I 169,918 T~ 174,866i ~i `47~4~ M~ndota ! ~,907 [ ~, 1'43/ 236 Mendota Hei~qhts ~ 0! _ 0~ 0 Mentor i 6,777 I 7,349; 572 'Middi~Rive~ ] 26,80~ I 27,9~8 ! 1,127 Mies~'ille ' 129 | 208' 79 Milaca ~ ~,40;3'11 ! 354,976;. 14,665 Milan I 77,6131 79,448 ~ 1,835 Millerville ~ .... ' 645] 28 Millville 5,567 5,967 ~ 400 Mi!~ 357,449! 36,432~ 983 , 1~-762 7 13,156 ! ~94~ MiltonaMinneapolis ~t 64163-1~88~ 66,635,~3~ 2~003,58,5, Minneiska ! 6,146 i 6,406 ! 260 AND LGA AMOUNTS 1995 Estim¢;;~ [Increase HACA HACAI HACAI (Decrease) 63,824 59,081 (4,743t 9,591 ~ L 10~'7484 101,636 ~ 18,115 17,270 ' 1 509 ' 'ii`42~ (831 r ~,570 i 17,28~ ~2§8)~ · 17,534[ ~7,332~ ~;~f3~ 38,8~ _(3~ ~ 19,23~ ~7~ 18,9161%~; -(3~ 59,578 ~ 58~ (925~ ~ 03,260i ~ 00~8~5 ~ ~3;~9~ 171,0~9~ (2,116~ 6,¢¢8~ 6,~- - (210~ 70,~ ~6,~6¢ 286,0~ ~ 276,69~ (9,37~ ' '81 4~- (21~ 1,888;~8' 1,804,6~/ (80,598) 70,134 68,484 ~ -(~ ,650) '2,136,153 21067~33~ . 79,738 76,402 (3,336~ '148~3~20 143,688 (4,632~ 110~,531-! 108;875 ~1,656~ 9,74-6" 9,63¥ ' (115~ 1~593,415 1,529,~33 (63,982)~ ~ --63,11__9 62,593. -(5261 12,225 .. 12,102 (123~ 43,779 41,892 (1,887) 545,926 520,473 (25,453) 15,982 (7121 9,140 18,814 (326~ 57,829] 56,900! (929i 21,1621 20,6981 34,957 '~ 3,4,409~ (548', 17,~50i 17,255~ (95', 6,522! 8,406~ (116', 54,907! _5~,7!3 ~ (1,194' ;i ~;70~ _14,Z39~ (965:, ~23,9~ 216,974~ (7,016'. 7,167 - Y,'827r (140' ii2,1~ 107,368 ~ (4751: 57,73~-t, ' 56,376 ~ (1,357; 24,371 23,~ 468,056- 447,~4~ (~'2~'4) 4,002 3,840 (162) 2,212 1,970 (242) 1,863 1,765 (98) ~93,388 88,851 (4,537~ 31,199 30,917 (282~ 2,071 1,991 3o,~4 3o,337 (~37~ 16,291 16,058 (233~ 30,000,0~" ~8,'f~8~ ~2~ ~,~ 3,8~, ' 3,~go~ 1995 Law Summaries Page 31 1995 Minneota M'[nnesota City Minnesota Lake Minnetonka Minnetonka Beach Minnetrista Mizpa._h Montevideo Mo_n~g. omery Monticello I~l-ontrose Moorhead Moose Lake Mora iMorgan Morris Morristown Morton Molley Mound Mounds~ View Mountain Iron Mountain Eake Murdock Mydl_e Nashua Nashwauk Nassau Nelson 'Nerstrand 'Nevis New ,~,ubum New Brighlon New. Germany New Hope_ New London New Markei N~w Munich New Pra. gue New Richland New Trier New U'lr~ New York Mills NeYf0iden Newpod Nicollel Nielsville Nimrod Nisswa Norcross -Norlh Bra~ch '~odh M~nkalo North Oaks Nodh Redwood '~orth Sl"tbaul 'Nodhfield 'N~t:thome No~hrop. AND ESTIMATED 1996 HACA AND LGA iBetore Admin. 1995 Reduction HACA 221,440 13,464 144,725 0 0 0i 2,379 1 ,O35,593 412,804, 0 72,'734 ~ 4,237,998. 177,187 407,250 229,075· 1,021,599. 92,197 85,326;' 63,084 I 301,032 615,440 207,831. 396,464 48,186I 5,0101 565' 44t,071 5,900 5,778 22,608 51,101 29,530' 717,536 16,135 ,005,104 i 1 125,246· 7,163 30.865; 471,786 136 705 1,959: 2,506,836 .- 235,722 57,522 . 84,402. 16,224 ~ 0 19,880 i 197,136 ] 1,524,682; 0 6,288 ~ 715,184] .. 1,443,652i 43,984 1995 LGA Est 1996 LGA Betore Admin. Reductiqn ] 230,344 147,888 0i ol 0 2,509 1 ,_067,390 428,545 0 76,913 4,334,616 187,534. 420,292, 234,202 i 1,049,'531 1 9~','250 t' _ 87,625_; 63,989; :h_2,o85! 645,733 227,512 412,1~42' 49,308_i 5,258, 694 ~ 449,365 6,299 6,408 23,413 52,294 i 30,891'; 752,810 1,036,525! 129,955 7,727 31,8'49 ' 481,95~' 143,90~'? 2,194 2,_573,577_i 240,869. j58,85o_I 176,862 87,187! 16,659 0~ 20,194 210,105 1,540,98~' 6,9271 746,799 _ 1,494,5_22: 45,058 LGA Increase (De. crease) 8,904 8-05~ 3,163 0; 0* 0 130; 15,741 0 4,17-9 ' 96,618 10,347 1,~,042 5,_127. 27,932 4,~)53 ' 2~299 ' 905 ~ 11,053 ', 30;£93 19,681 1,122 248 129 8~294 399, 63O ~o5' 1,193 1,361 35,274 ' -~30 I I 31,421 4,709 564 984 ' ~172*. 7,198 235 6__6,741.. 5,147 1,328 4,748' 2'780I 4735i 34 12,969 16,306 639 5-0,8_301 1,074 743' 84,105' 14,222 77,940 2,112,433 68,990 273,801 1,19O 3247718 217,282 313,998 56,682 931,08t 68,748 73,602 110,283.1 290,989 45,217 31,643 18,349 499,463 375,471 187,550 151,209 14,809 1,636 1,852 129,892 2,032. 2,697' 12,931 9,349 13,0641 832,651. 17,243 940,234~ 38.403 22,2721 9,442. 313,599 90,2591 1,462 687,151 61,790 13,196 .257,956: 42,2~5 7,835 1,538 10,290 5,133 97,206 617,205 96,687 13,079 273,694 728,936 AMOUNTS Estimated HACA~ 1996 Increase i HACA. (Decrease). 82,275 13,959 77,136 66,673 264,600' 1,1d6: 315,867 212,702' 292,263 ~ 55,290 879,471 66,640 68,877 109,133 284,250 44,296 31,0671 17,346 484,934 357,670 180~894 149,169 14,179 1,560 1,809 129,007 1,926 2,595 12,515 8,754 12,859 803,676 16,733 902,005 37,O54 21,652 9,136; 304,653 89,017 1,404 662,9681 60,489 12.822 248,7351 41,058 ~ 7,771 1,482 6,980 5,012 93,333 592.,678. 91,945 12,851 259,793 699,930, 10,605 12,894 (1,830~; (263) (804). (99,321). (2,317) (9,201i (4,58o)' (21,735): (1,392) (51,61o! (2,108~, (4,725.).' (1,15o) (6,739)' (921! ~576). (1,003) (14,529~ (17~801~, (6,656). (2,040! (630~ (76! (,43) (885) (lO6! (lO2) (416) (595) (205). (28,975). (51o) (38~229~ (1,349). (620). (306) (8,946! (1,242).' (58~, (24,183) (1,301) (374~, (9,221',, (1,237~ (64). (56~ (3,310¢ (121). (3,873) (24,527) (4,742i (228). (13,901). (29,006~ (233~. (266). Page 32 1995 Law Summaries 1995 AND ESTIMATED 1996 HACA i-- 1995; LGA~Est 1996 LGA? LGAi IBefore Admin. I Before Admin. IncreaseI :_ Re_du_ction~ . ReductionI (Decrease)! Norwood T 7.§1360 ~ §5,081 i 6,7211 Oak Grov_e ~ 12,793~ 14,2581 1,465 j Oak Park Heights ~ 0 0 0! -0akdale ' -' , 618,538 i 629'980~ i 1 ~442: Odessa i 43,0891 43,6231 534! Odin L 12,595[ 1~,~25! 527! Og~m~ , 24,5i 6~ 25~5,44. ~ !,028i ; 2,173 Og!lvi~ 94,528, 96,701: 1~091 Okabena I 33127oT 34,36i] Oklee ; 88,6281 90,971 2,343 Olivia % 5,5~i021 ' 56712-741 15~253' Onamia 77,459 ! 80,914: 3,455 ', Orrn~by ; 10,655] 1113i0~ 6551 Orono 0, 0 0 or0noco ' 55,233i 56~645 ~ 1,419i Orr - i 54,943! 55,601 ! 658 '0 rtonvili~ [ 573,688 ! 593,810; 20,122' Osakis 252 527 260,275: 7,748 Oslo i 75 714 ~ 76 937 ! 1 223 Osseo i 66 035' 75 991 9,956 Ostrander , 21,035 22,042' 1,007 otse~o 63,162 ~ 80,364 17,202 Ottertail ' 51~ ,5'13' 0 Owatonna ' 2,806,0771 21874,37i i ~8,294 Palisade 4,0071 4,467~ 460 i Park Rapids ~ 450,218 ! 457,375; 7 1571 Parkers Prairie ' 112,971 ii 118,270]. . 5,299!~ Paynesvil!~ 246,039 i 261,6631 15,624, Pease 6,366 i 6,775! 409 'Pelican Rapids i 216,~23 t~ 22817'961 11,973 Pembedon ! 1 !,6~4_ 12,212~ 54~ Pennock ' 55,1151 56,6721 1,557 Pequot _Lakes i 78,339~, §0,74i l~ ~;402 P~ham ! 230,4921.. 242,661I 12,169 Perle)/ ; 9,782 10,193 i 411 'Peter;on ~ 18,645i i9 781 ! ~ ,1~ % f P~erz ; 78,677! 83,5581 4,881 Pillager i 5;§;~13,1 897~2i ~ 1;0081 Pine Cit)/ · 347,372! 357,698. 10,326i Pine Island 208,333 i 221,675 ~ 13,3421 Pine River : 136,654 j 139,997; 3,343, Pine Springs i 0 0 0 ~ I Pip~(on~ , 8001697; §;~5;050' ~4,3531 P a nv~w ! 3,40;967. ' 352~-i o~ ] 11~i 35 Piato ~ ~;902- 30~4.5 ~ 1,043] pieasant Lake ! 6 ~ 6/ 0 Plum me~ ' 47,684' 48,902! 1,2i 8: P yrnS~ Of o Preston ! 284,788/ 295 216 / 10 428 ' Pnnceton 363,412 ~ 375,229, 11,817 'Prinsbur~q i 79,6781 81,919: 2,241 ' F'rior Lak~ } ' - ~ 27'2731 27,273: 0 .Pro¢o~ I 4~ ~ ,92¢ ~ 429,7~i !Z,~Zo F Quamba i 2,119, 2,325, 206 Racine ! 14,2121 15,0091 ~97 Ramsey 302,508 310,053 ! 7,545 Randall 48,041 49.976 ~ i ,935 AND LGA AMOUNTS f Estimated 1995 ! 1996 HACAI ._~ HAC?_ HACA Increase (Decrease) ~6,836 '. ~3,86_5_~_.I (2,~7.'ii 124,1~0i 114,762,762 (9,428) 77,9801 68,123i (9,857~ ] 974,89~! ' 944,42-5 t ]] ](3~,,47~ 8,462 ~ 8,349L . (113; 6,9091 6,782 (127; 14,304. 13,881 (423: 21,964 21,803 (161; ~8,445 ! 28,027: (~ 8: 109,835 ~ 105,842 L (3,9~3, 19,759 18,8~9, (910 ~;9~ ', 5,781 ~82 305,975 289,9~ (15,996 32,9~; ~2,1 ~4~ - 12,524, 12,084 (440) 290,849 288,292 (2,557) 26,952 26,431, (521) 14,824 14,432 (392) 146,39i ~ ~ ~ (5~7) 15,124 14,651 (473) 4,250 4,147 (!03~ 77554 71 411 (6 143~ ~5~988 45;100~ (s86~ ~40;498 ~3~;08~ (3,42~ ~,~ ~;253~ - ~03) 59,0~0~ ¢5;702L ' (3,298 13,954 13,7061 (248~ 26;~60 25,6~2i ~8,4351 ~473/ (1,96~ ~;6e4~ ~3,3~5~ (4,2¢~*, ~,6e4 9,3~62 30,~35 / 29~331~ ~1,204;, ~;~9~! ~;~9[ (4~ 115,464 i 109,943 i (5,521: 21918.5~;' ~1.51574~ ' - (-4~2-§~5~' 41,8471 39,893 ~ (1,954'. 2,699 2,474: (2251 217,336 21~123 (6,213; 134,092 ~ 2§,908 (5,184; 43,60~- 42,899 1 (709; 3,485 3,387 / (981 23,589 23,2031 (386) ! ,877~89~ 1,79~,303 1 (78,59~) 6,240 6,055/ (185) 183,935 i 175,40~ (8,533) 3.5,9§6 ~; ~5,3_27T ..... 847,107 819,5561 (27,551)~ 2o6,275i ~O1,7~81 ....... 11,0861 ~0,6Z]~ 521.4,4.5, ~05,~ (15,7~ 20,832; 20,220~ (612~ 1995 Law Summaries Page 33 1995 AND ESTIMATED 1996 HACA AND LGA AMOUNTS i' 1995 E-GAi J~st 19~6 LGAi"-- 'E'~A' tBefore Admin, I Before Admin. ', Increasei I. Reduct!on! Reduqfion~ ~(Pecrea_se.).i 8,43~' 103,185; 335,438 i 37~920~ 927,961 490' 46,3~-z7' · 261.56-4; 20,73-~: _ 15,9861 3,186,423I 101,562; 2,719, 9,974 1,539,5491 5,759,294 I 22,750' 283,252 29,2171 0' 929 3,379 5,1781 55,470 - 385,447 i 77,5161' 52,973 I 30,374 [ 49,205 I 194,442 184,692 46,6~9i 83,9731 46,913 26,181 148,676 918 63,361; 5,860_,_805),. ~;_247j 7'~' 87'8' 17,2141 4'88' 346,503, 11,065 3~7920..._- ''~ 949~-814, 21,8,~ 47,77_8~l 1,~21 2~ ,~_2~ ¢ 488 __ 17~480 ' ---1,494'~ 3:248~43~7 62,~15 3,082 363 9,~74 ~.5z9,4~o' ' S~,~f;': 5,887,536 128,242, 28,9~i ..... 5,23~1 31,~i~i 2,498' 54:1__~'_1- ! 7:411 1,054 125 3,567 188 5 ,~-'~i '--- 602' -'55.'927 i .... 2_.5_5,602 J __ 10,482I 3_8o.,5711 . (4,~ ~45,787i ;6_~,271 54,819: 1 846 _._32,173. 1.7_9.9 ~ 52,763 203,~-107 ' _ 9,468_l 194,~', _. 10,276!_ 31,574' __2:410 1,640" _~,.~6~ 1,231, 319 q-74~-64 48'27,~]_L 85,449 i 48,144 ! 2.1,4_s~. 27,645 - i51,98¥- 3,307 1'-~_6,__234 ~ __. ~-211 1,204; 286 f~F987i ..... 3;9~2 t ..... -~5,963',-- '~52I 6,0~,275, 168,470: 32,888, - ~8,0~ 5,183; ' "~b,5¢8 ' 21,46~ -- 895'i 766,522 ' 790,~ . ~39~ 394,08~ -- 40~5! '-- ~4,5~ 9,~52 -_ ~,~1" '%_ 300] ...... ~,859,~8. _. ~,~,~68~ 0 ,-- 1~,522 _ 16,174', - -- 65~" o oL o ·1'24,926 1~9,379~ "4,~53~ _ 4~,~.0~,~4 4~,309,077 ~ ~¢~1~ . 445,994 458,1~8 ~ _ 12,17¢ .~ iRand-~]'ph - Ranier Red Lake Fails R__.e_d. Wing RedwoOd FaiTs Remer ~enville ' - Revere Rice Richfie-fd- ' Richmon;d' ~ichville '- Rivedon 'Robbinsdale - Rock Creek ~Rockf0'~-- Rol_l!ngstone Ror~neby _. Roosevelt Roscoe Rose Creek Roseau Rosemount Rosev I!e ._R0~hsay Round Lake Ro~valton _R u_s.h City Rushlord 'Ru-'-sh!o._r.d Villa-ge . Rush mor__e_e .Russell_ Ruthlon ~u_tledg~ '. SabJn %~.cred Head 'S-ai~{ _An_thony (~enn.) 'Saint. Ant__hony (Stearns!! Saint Boniiacius Saint Charles Saint Clair : 'Sainl C~oud Sainl Francis ....'Saint ~iJaire . Saint James Saint Joseph .... Saint Leo '§aint Lo'¥is Par--~ Saint Marlin Saint Ma_ry~. Point S~_int Michael -' Saint Paul Sainl Paul ~ark ; -" : --I~stimated ' '-HACA I I 19951 19961 Increase I_ . _H_AC. A! HACA L(Decre_a_s_e). 2,301 2,1_16: (185~ ' 4~),234 39,460 - (774) i-4-2,166~'' 141,0-'~3j.- (1.~'~53~ ii 1,20~:,~86 1,~34,919~ _ (6.8_,467i 34~,~5: 337,436' F4721 ' ' 1,445 j" __.. '-~'~',,463-~ 13;~'f I (496)~ , ' '_1'j¢5~,284_ ~7 121,'~'1=7; i - 6,518, 6,398, (120) ] 24,177 ~2,999, ~__(1;1~_~.~ :1~'883,970] 1,810,6---86! (73,284}, I 6'-~,9581 ' 64,3-~ ~ -(~ ;560~ ' 2'-,033 1,96¥' - (__65t '-- 4,717' 4,34Q~- ' (3_77}` '- 911';2781 881.,890 .... (29,38_8}, :. 2,,440168~ ', 4,274,700 (165,9__86~, I 34,357.j_. 33,562" - (795~, I 118,317~ 113~'3i ' -(4~486) '- 21,91¥1 __2.1,185 .... ( 72-9¥ '-- 21',6~'8 ! 19,527-'--'. -47,1~8_--J ,~,048' -_. (1,080~ 1,340-i 1'~3'13· -__ (27~ 726" ' 685~ (41! 4,848" 4,732~ "(116) I '22,594; 22 ~'55_.j - " 141~0731 135,800"~- (5,2:73~ ~-' 562,--4-94' -- 533,7~0-'~-' (~',734)~ i -_!,784;864' 1~31,384 ','~ '. (53,4-80¢ 21,96-5; 21,501 ~. (4.~6~'4~ 26,373 25,6_67 j _ (706 i 30'722F 29,5771 (1,1451 73~18 j - 71 36'~' (2~'~-55 "-' 104"6~91 .... 102,17[~ i- tj~'4~8~ ... ~,18~-,,- -4-0.E5~~ ---(1j_31 · _. 18;~'__25 ! ~_~_._ 17,64~'..~'._ (379 27,874, 27,530, - (3-~4 '- ~ :5;777 '- - 12,;4-"016_ i -- (371~ :--' Z, 555._. :__--' 2,~77,_! __--'(82 42,612 42,0_8_1 I ;-- 3-7,872 ' ' 37,269 (603)/ . ,~42;~'2,91 328,992, ( 1-3,-7-.46 ' _ 1,612' -:1,571 i' 48,8-281 - 46,576'~ (~252 i_'-153,0~6] "i48'2391 __(4,797.; 2¢10__9.2'-- 26.~1] ___(821; 2,921,679 2,799,674 .(1_22,005'~ ' --- 101;8-'~2; -- 97,7¥9[ (4,123i '2~¢,78ii~. 2'~,361 )- (42--0 153,905! 147;~8 ' (6_z00-7) _ 64,948' -60,445-'-' --..3,04~)'; .... 2,968; - (81) : 2,897,2-9~ L'~,-,-~,810,338] -(-86,958) I -' (~'~9 j_.' .7_;~§5j-_ '~,~e _ _ 3,533J_ 2,944 J _ (58_9 j 1--07,10%' ..~i _03,25¥.~' _- (3,_84_7. ~ 20,~'92,9'-~6'- 19,528,061 ' (764,905) · 2_]'0'51¥_!- 202,570.q.- ~'7,945 Page 34 1995 Law Summaries 1995 AND ESTIMATED 1996 HACA 7 i9~5 I_GA' Est ~99~EGA~ LGAi Before Admin. i Before Admin. [ Increase I IR~uc~!on~ R~duction~ (Decregs~) I s~nboin Sandstone sargeant Sartell Sauk Centre S~uk Ra~M~ Savage Scanlon Seaforth Sebeka Sedan Shafer Shakopee Shelly Sherburn Shevlin Shorevi~w Shorewood Silver Bay Silver Lake Skyline Saint Peter 1,140,393 1 185 144! 44 751 I 'Saint Rosa ~ 2 994. 3,061~ 671 s~in~ Siept~en ; 20,029' 21,953 1,924 Saint Vincent 7,8041 81~' 363' : 64,824 [ 66;841 1 2,017 266,496 ~ 282,927 16,431 3;855' 4;169! 314 ~ 227;01 ~ 234,895. 7,877 '~ 736,969. 757,520~ 20,551 981,770: 1,009,853 i 28,083 ~5~001; 50,6501 (4,~51i 205;7101 209,417 3,707~ ~ 13,381. 13,604[ 223; · 159,305. 163,0461 3,741 1,324 1,428~ 104 14,748i 16,0681 1,320 151,085] 147,228', (3,857i 43,472 44,682! 1.210: 222,064 229,385~, 71321 7,760 8,221 . 461 0 O: 0 0 0i 0;. 283,652 298,479! 14,827 i~5;658 128,7191 3,061 ! 3,875 4,084i 209' Slayton i 519,336' 535,906 ! i 6,570~ Sleepy E~ye . 775,152. 795,811. 20,659i Sobieski 2,601 3,061 ~ 460i Solway i ~;6261 3,926! 3'001 South Haven . 23,083 23,741i 658! South St Paul ~ 2,456,776 2,539,117[ 82,341 Spicer 88,148 90,1081 1,960. Spring Grove 271,533 278,649. 7,116i Spring Hill 2,511 2,730 2191 Spring Lake Park ! 218;6001 226,909! 8,~0~I spring Par~ i 7,o05 i i'1,962i sprin~ Valley : 50315~41 523,34,51 SpringfieldI 3~2,480! i 380;~4~T,~ 181463'' Squaw Lake 314461 3,811 i 365 Stacy · 44,477' 49,~07 ~ 4,Y30 ' Staples 687,2581 706,927 ~ 19,669~ Starbuck 190,086 ~ 196,202 i 6,116 Steen '. 9 5381 9,993i 4551 si~phen ~ 87,1621 90,715 i 3,553 Stewart 146,677 i 149,0071 2,330 stewartville 557,3331 573~036~ ~ .5,7O3, Stillwater 808,928 ~.57123,2 ' 48,304: Stockton 14,929 16,700 1,771 Storden 62, 64, 6~,683i Strandquist 10,483 10,840 t 357 Strathcona . 2~4281 2,.53,41 '106, Sturgeon Lake . 4,247. 4,581! 334' Sunburg 13.167 13,574 407 Sunfish Lake ' 0' 0 0 Swanville ; 54,862 ' 55 9~7' 1 i 15 i Taconite i 115.854 117,053! 1,199! Tam~rack 5.119 5,279' 160 Taopi 1.145 1,446: 301 AND LGA AMOUNTS i Estimatedl HACA 1995 i 1996 ! Increase HACA [ HACA ~(Decrease) 74~i,068 ~ii~ 436,26~i (11,800~ 2,145L 2,0~6~ (49~ 41,046 40,203 ~ (843) 40,e~ ~ ~8,~ 9~ (1,857~ 2,440 i 2,338 i (102) 160,133[ 154,712~ 355,299 [ 341,529: (i-~,770~ ~3~;531 ~ 5~ ;29~ (21,23~ 60,196[ 58,499 (] ,697) 3,8~ ~ 3,791 (1~) 36,594 ~ 35;98~ (611 670 642 (28) 14,004 ~ 13,410 (594) 456,586 f 433,071 (~:515) 9,5~ 9 ', 9,320' (199) 117,612; 116,508 2,444. 2,336. (108~ 1,010,319; ~77,~42 ~ (32,~77) 426,9~8~ 413,631~ (13,339~ 108,584 105,974~ (2,610) 76,144 75,024 ~ (1,120) 15,377~ 15,155~ (222) 159,352~ ~ 1~6~60~~ 163,492 ' 158,617' (4,875) 2,252i ~,172~ ~0) 4,8741 4,630~ (244 1 185 082i 1,138,566~ (46,516) 77,337 74,556 (2,781~ 82,785' 81,044~ (1,741: 3,857 3,778l (79: ~93,94~ ~ 84,44~ ~9,497', 217,906 ~ 214,447 (3,459' 9a,94 1,444~ 1,382 ~ (62: 19,697 ~ 18,929 ] (768: 149,517 146,48~ (3,034', ~4;i~ ] ~,5~4, (1,~57: 4,938 ~ 4,807 i (~ 31;, 2-,6441 ~0,5~ (1,053', 62,5~6 ~ ~66 ~ (820', 153,950 [ 147,315 ' '(~837', 1,005,068_ 971,772 ~ (33,296', 14,984, 14,378: ' -'(6~6', 30,502 30,249: (253: 633 567~ 47~- ~4~ -(~i', ~ ~!~ ~ ~,8~6 ~ (282; 3,402 3,301 (101: 45,275~ 43,820~ (1,455~ ~ 5;~ ~4,972~ ~(~07~ 32,256 31,845~ (411~ zoo ' (9o 1,995 ~95~ ~42~ 1995 Law Summaries Page 35 1995 AND ESTIMATED 1996 HACA ! 1¢95 LGA] EsI-¥996 f~iA LGAI :Before Admin.l Belore Admin. Increase. Re_duCtion: -Fleduct_ion ~ _(D_ecr_ea__se). :TauYton - T.e_nney 'Tenstrike -~hief River Falls Thomson- Tintah '~._ka B~ . _ Tow_er Trac¥. Trail Tdmont ~ommald ; Truman Turtle River Lakes-' Two Harbors ~_,.Ty~er _. Ulen Underwood iUpsala. Urbank 0~'ica Vac~nais H~i~.~s Ver~as Vermillion Verndale Vernon Cenler ·Vesta-- Victoria iVikLng . Villard ,Vi~-fi9- -' Virginia _. Wabasha .W.~basso -' Waconia 'Waden~ -' ' Wahk~'n Waite Park Waldod Walker 'Walnut Grove ~ - Walters I W~lthar~ Wanda :V~arba- Warren 'Warroad W_a_seca _ 'Watertown '.W_.ate~ille -' _ j Watkins -- -WatsSn - 6,496- 6,924'~ - 428- 78,594; 80,537" '~ ,9431 1,729, 1,72¢ 1,548 1,165115j 1,548 0 1,206,76~ ' z~1,653- 16,'i93_l 16,193 - Oi 8,866' 9,217 35-~' o d~ -' o" 11'7,6-_26i 12~).086: 2,460' 534.076 551.974 3.834 3,9-~i ' 166-' 151,306' 154,862' ~,556 ' .8.616 ~ 8,65ZJ 41 1,539 1,771' - 23~' 238,89-4i 247,7-24' 8,83~ 1'-~ -13i '-0 37,636 ' ' 37,5571 -521' 144,96,~ i 150,536 -5,572' -5~ 7,60¥l -944,3b'~' -~6,70 q 175,096 182,84'~"_. '--~,749'1 87,317 89.845 2,528 I 57,252i 58.245 99~,' 54,413' 55,4-09' 996" 1,804 1,984 180 22,107 :52,706' ~99' 12,783 ', 21-618 _ _. 8,835· 7,939 8,?.~7j 85-~-' 2,417 -2~-970 j_ -- 5-53' 59,870 62,033' "_34,35~1 35,562 ~'-~,206 ~ [- - 56.924 58,284 1,360 o -O - 5' 20,999 j 21,380 38~ j 3.1 ,'217 __3~'~1'-94 '__ -- 977. 8,669 9,009 340 3,153,0801 3,232,64.~-~ - ~9,569' 409,7~91 -' ' 426,~¥01 16,821- 135,865 1~8,907'- 3,042' 263,103 '- ;~6~,697 ' __ 3,'~4; ~60,124' '-587,75-3' 27,62E 16,9-~ 3 ' 16,848j 332,14¢l 339,0 _6:3--'~ ' 6,914t -50,725~ - 51.4~7:). -]. 74-5_] 1~,7691 --' 182,1211 2,352 126,491 _i_29,84-3j_ -- 3,352j 23,387-- 23,8041 -- 19,687' 207!01:.- 7141 114,4~7' 17Z,552. _ 3,'~5 9,2~6l 9,603_, _ -~'47 ' 8,001 ~ ..8,078~ __ 77 - 237,~60., 251,5_7_.0 85,606 92 994, -':7,38-8 1~89,1~] - 1,426,591 37,452t .. 1-78,_7_8-~-J 193,023j "-~4,23---4' 319,227 3- 9,60_ -- ld7,3781 ' 82,50¢ - 86_,0271 3,527! - 37,8¥61' 38,896 ~0,619.._~~' 31_,9__501 1~3-31 AND LGA AMOUNTS -Estimat~ed i HACAI 1995 1996~ tncreasel _ HAC. A' HA_CA (Decrea_.se!. 86;:143 84,302 (1 841~ 523,240 511,9951 (1 i ,24_5)t j 3,7-47' 3,2-¢4 ' (473~ 2,88~' 2,817[ (7~, 77;8'-39 '-- 74,~¥5 J (3,1~4l ; 38,21'~' - '37,507' (71 I 171,70~) ~ :169,267-' (2,442~ 271I 201' (70! 72,0~1 ' 71,1-60 J (921 1,303 1,248 (55~ 212 205] (7~ ,_ _ 10,428' 10,1~6 60,172 59,465j (707}. 26-2,721' '. 25~'456"- (6,2_65}. 72,941 71 ,~;37 (1,404)~ 38,090' 37,661' (429~ " 9,9931 9,557 '- (436} 1017.88 ]" 16,1_63 i (6-25)' 1,874 1,836 i 8,237 ! 7,93~I (302l 381,572' '.~70,277 [ ~._1,295). 5,163 i 4,951 (212} 22,789 22,531 (2581 (7,70.1: (48 ._ (86 _i%o5! (4,_9_88 (856 226,740;'- 210,348 (70,39_2. ~55,564l -- 149,6_~68i . .. (317; (12;5_3~ (267; (3,302~ (662) (134 (12.! 1'~6,640 j -1;78,939'J j ... 2,98~l 2,9~8 J 14,686 .... -- 14 ,_4. _0 ~, 1,634 1,548 ' 1,00¢,264'" _. 9~2,2_13 · _ '-~ 67,5~0! 162,572 .... 28,538 27~682 · 6;5831 6,266' 337,591 ~ --325,054i i -- 19,__6.071-~ 19~-~40:-_ 87,262 83,960i _. ]_ 39,309 38,647' t _' 6_,7-84_ -- _.6,~'38.1' 12,760 12,626 · - 6-~,5f71 '61,82-5 i ;- -4,7-311 --¢,,6~-o]_ ~ 3,0301 2,886 (144_ ' ' 47,902' - 46,1-82: (1,720 - 4;1"486; -37'51fI (:~,975 -- 3-33'5'87? 318,115'~--(15,'~72 '--'_. 63'9-38, .~'- 60-~2, '-'_(~3,-2-~_6.. I 109,229 106,738 _ (2,49__1 70,588 _.69,6-~j-. (96_6_ ..... t 6;~6~: 16,787' (18.~0 -- 2_0,135. _ 19,706! ~_. (429, Page 36 1995 Law Summaries 1995 AND ESTIMATED 1996 HACA ' 'i~95 i_GA--Es~996 LGA~ LGA' Before Admin. Before Admin. i Increase Reduc~tio_n~} __ ReductionI (Decrease)] Waveri~ - i 820§7 ...... 83 3~0' 'i"2631 Wayzata ~ 0 ~ 0 ~ 0q iWe~me%; 2%~i~Ctl 1_30,~06~ - 13~,S41% Z4,zSsj Wells ~ 602,864 623,89~ 21,031/ W~ndell ~ 37~037~ -3~6 ~ 9091 'west Co~o~d ~ ~ ~,5~ 118,561~ 5,~ I We~{ ~¢¢~Ui ~7~o7,925~ ~,~;9!9~ ~;994~ West Union 1,571 ~ 1,672 101: Westbrook ~ 190 62~ 195 932, 5 307 Whalan : 7,135 7,566 ~ 4.31 · t W heaton 337,843 351,111 13,268 White Bear Lake , 800,382, 836,464 i 36,082 'Wilde~ - f 9 ~11 I ' 10.156~ - ~' -Will~rnie ~ ~ ~ ~ ;~}~ ~ 3~',191 ~:~ ~1 ',~:~ 1,880 Williams / 23 045' 23 894/ 849 Wiil~w ~i~ " ~,653- 26,4821 829~ Wilton j 107 16~ 54! Windom ? 6~8,37~ ' ~,4~ Winneb~g0 . 3~,48~' ~23,92~, ~3,43~ Winona , 4,719,133; 4,881,361~ 162,228 Winsted 273,479; 280,469 6~990 WinthroB ~ 281,975j 290,405 8,430 Winton t 25,i1~ ' ~,1~ i,0i7 Wolf Lake f ~6~ 610 WolveS? ~ !~,oz~ ] ~,62~ 545 .Wood Lake ~ 86,141~ 87,840 1,699 Woodbu~ ~ 0 0 0 Wb~dJ~hd - ~ 0' ........... 0 Wodhington 1,847,775 ~ 1,880,728/ 32,953 Wren~al~ 7 8~;Y88 ~ -~5,2k2~- 454~: Wright ~ 825; ] 18~] ~6~ Wykoff ' 94,622; 96',840 ~ 2 218~ wy0min9 ~ 123,890 j !3~,91~] 10,023] Young America 93,175 ~ 99,733 6,558 2~&~ ' ~;~o9 ~,2o9 o zimm~r~an ] 8~;~2~ l ¢5,~5f 6,504 '2umbro Fad~ ~ ~ 0,722 f ' ~ ~,62~7 901 Zumbrota ~, 37¢~ ' 391 691_ 14,1201 TOTAL 337,289,600! 347,704,338_L '~0,414,738, AND LGA AMOUNTS E~ti~-a~- ...... HACA~ 1995 1996 Increase[ HACA ..... H_A_C. A~ (pe~c rea~_s_ _e_)~ 49,794 48,193 283_, ]_9_5_ .... ~.7_1 ,_0. _70_ 44,502 43,787 88,128 85,231 8,662 8,402- 54,792 ,5~,834- 998,3i0. ~6i ;465 (1,601) (L2_j~25) (715) (2,897) (260~, (958; (36,845; 1,497~I -. 1;455~ ' (42', 57,'i591 ' 56,405i (754' 113541 . . i _32.9i ;i; ~25;, 3,566~ 3,485~ (81; ~53,04_3 ~ 151,0_58_~ 868,508 83~738; ~;933~ 2,8~ ...... (:79' 13~,'513~, . 29,465~1~ (1,048; 7,684 2 7,~4Z . __ (230 679,902 645,91~ (33,986 3,636 ~ 3,342 (294 96! 67, ; 357,346~ ~35] ,344~ (6,002) 20,647 20,417 (230) 114,106 112,620 (1,486) 1,~87,597 1,434,586 (53,011) %~,zz~%111,~ ~ ~6o) 4,677 4,544 (133) 206 6,412 29,190 1,334,768 32,540 4,972 722,846 7,498 6,725 28,464 197 (9) 6,194 (218_) 28,689 (501) 1,284,609 (50,159) 31,394 (1,146) 4,862 (110) 696,711 (26,135) 6,869 (629) 6,,577_ 27,945 (519) 98.562- ' -94 2'3~-~, (~-3~0) ~¢,257_ 85,259_ (3,007) 1,628..~ _1,55~ ~ . _(77~ 17,63~ 11~ (3,238J 23 75~L 23,515 (243~ 197,120,026-190,099 095 i (7,020,931~ 1995 Law Summaries Page 37 TO CITY COUNCIL JULY 10, 1995 *Signed Waiver Form Accompanied Application APPROVED BY BUILDING INSP. II II II II II II II II II II II II '11 II II II II II II 1995 LICENSE AGENDA CONTRACTORS LICENSE LOCATION Bituminoos Roadways Carrolls Exterior Remod. Century Plumbing, Inc. Fore Mechanical, Inc. Gertman Mechanical Griffin Service Station Equip. Heartland Industries Lusterlite Corp. Mid-City Mechanical Modern Roadways co. R & R Construction R & S Heating & A/C Silvernail Ent. Ltd. Topline Advertising Vogt Heating 9050 Jefferson Trail W. 3784 White Bear Ave. 444 Maple St. P.O. Box 130788 7307 County Road 5 8834 Xylite St. N.E. 817 Vandalia 900 Jorie Blvd. 9107 Davenport St. N.E. 1620 Winnetka Ave. 548 Heinel Drive 21357 Hemlock Ave. 3645 Perry N. 1471 - 92nd Lane N.E. 3260 Gorham Ave. FEES $ 40.00 40.00 40.00 4O.OO 40.00 4O.OO 4O.OO 4O.OO 4O.OO 4O.OO 4O.OO 4O.OO 4O.OO 4O.OO 4O.OO POLICE DEPT. SINGLE EVENT CLUB BEER ON SALE No. Mpls. Sertoma Club Dennis Kudak Huset Park 7/29-20/95 for softball tournament REQUEST FEES BE ~4AIVED SAFETY & HEALTH, ANOKA COUNTY ITINERANT FOOD/POP CONCESSION Mark Atkinson Huset Park 7/29-30/95 for softball tournament 35.00 SAFETY & HEALTH GROCERY SALES Hollywood Video 4849 Central Avenue 50.00 POLICE DEPT. ITINERANT HERCHANT Col.Hgts/Fridley Kiwanis 5250 Central Avenue Charles Dettman PARKING LOT August 16-19, 1995 **Contingent upon Approval of Police Department REQUEST FEES BE WAIVED Columbia Heights - Fridley Kiwanis Club Meetings: Tuesday Noon %Charles Dettmann, President NEI, 825 41st Ave. NE COLUMBIA HEIGHTS, MN 55421 June 30, 1995 Mayor Joseph Sturdevant & Members of the City Council City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 RE: Request for Waiver of License Fee for General License to Sell Peaches Dear Mayor Sturdevant and Honorable Members of the City Council: Respectfully request that the ordinary $50.00 license fee be waived for the Kiwanis Club. As per the attached application, the Kiwanis Club(a service club) will be selling fresh.tree ripened peaches from Colorado as a fund raising project to support its youth projects. We will be using the net proceeds i. lof $1,500 to $2,000. to fund our College Scholarship Program for 1995(a~'$1,000 -scholarship is given to a graduating senior from'the Columbia"~HelghtS~i.Hlgh School and another $1,000 scholarship is given to a senio.r'~!igraduating from the Fridley High School). Any residual funds will be used to help 'fund our annual Youth Leadership Institute ~which is attended by over 30 Junior Class high school students. The Youth Leadership Institute costs the club over $8,000 each year. The peaches that we will be selling from a semi-truck trailer or smaller refrigerated truck at the First Bank of Columbia Heights at 5250 Central Ave NE. We will be selling the peaches for $18.00 per case(lug) which holds from 40 to 50 peaches depending on size. We plan on selling the peaches from August 16 thru 19. The peaches are tree ripened and delivered to Columbia Heights from Palisade, Colorado. We and the beneficiaries of our youth programs would sincerely appreciate your waiver of the $50.00 fee. If you have any questions in regard to this request, please contact Dick Walquist(Project Chair) at 788-3400 or Don Schneider at 782-2855(work) or 782-9410(home). Respectfully, Charles Dettmann President cc: Dick Walquist Don Schneider June 29, 1995 Columbia Heights City Council 590 40th Ave NE Columbia Heights, MN 55421 Dear City Council Members: Enclosed is a license application for a single event club on sale beer license to allow the North Minneapolis Sertoma Club to sell beer in conjunction with the 17th Annual Letterman Sports Softball Tourna- ment to be held on July 28 and July 29th, 1995. It is our understanding that the Letterman Sports Tournament is an annual event held at Huset Park, The Club has been in contact with the Park and Rec Depts. of Columbia Heights to assure ourselves of the integrity and overall operation of this tournament. We have found that in the past 17 years no negative reports were on file regarding tournament activity. Therefore, it is our clubs intention to again operate the beer concession in conjunction with this event to raise funds for the many charitable organizations that we sponsor. The North Minneapolis Sertoma Club is a non-profit organization consisting of both men and women who donate their time and efforts through such fund-raising events. We donate these proceeds to organizations such as Alternatives for Autistic children, Camp Friendship, Camp Courage, and the speech and hearing impaired. We strongly feel that because our club is a non-profit organization and the proceeds will primarily be used to fund these charitable organizations, that the City Council once again waive the application and license fee. · Vice President North Minneapolis Sertoma Club TO: COLUMBIA HEIGHTS CITY COUNCIL FROM: LOWELL DEMARS SUBJECT: RENTAL PROPERTY LICENSE APPLICATIONS DATE: JULY 10, 1995 THE FOLLOWING LIST OF OWNERS AND THEIR RESPECTIVE RENTAL PROPERTIES HAVE COMPLIED WITH THE PROVISIONAL LICENSING REQUIREMENTS OF THE CITY OF COLUMBIA HEIGHTS. I AM RECOMMENDING THAT THESE LICENSES BE ISSUED: A. CoC.A.P. BINCZIK, ANNE M. BRYANT, ROBERT H. DOYING, DEAN H. DWYER, STEPHEN ELMQUIST, ELMQUIST, ELMQUIST, ELMQUIST, FERRIER, DAVID FERRY, DONALD FISCHER, FISHER, DAVID FRAGALE, EDWAI~ GARNER, ; D. GARNER, GROTE, GERALD GROTE, GERALD G, HALEK, JANE L. HARLAN, BRADLEY HEGNA, ROGER L. HENKE, KENNETH HOIUM, VERNON S. HOWE, EDWARD A. HYLAND, DONALD A. JOHNSON, KENNETH W. KING-SMITH, RUTH E. LARSON, RICHARD L. LIDBERG, BONNIE M. LONGPRE, HOWARD M. LUU, PING K. MAAHS, DONNA L. MAAHS, DONNA L. MAHARAJ, URMILLA MARTH, MARY MEDCHILL, DONALD J. MEYER, ROLAND E. MILLER, LAWRENCE J. NELSON, DAVID NIXON, JEAN A. NOPOLA, ALICE E. NORA, COLLEEN M. OLSON, DONALD D. OLSON, JULIE L. OVERLLIEN, BARBARA L. PARKER, THEODORE M. PEARSON, KENNETH PETERSON, DARWIN B. 1321 45-1/2 AVENUE 5055 6TH STREET TERRACE 4935 391:5 4631 RSITY STREET TERR 12~!645-1/2 AVENUE 46E~-1~ PIERCE 4619-2=1' PIERCE 1001 46TH AVENUE 4619 TYLER 4600 JEFFERSON 5234 WASHINGTON 3948 5TH STREET 3911 TYLER 4700 JEFFERSON 4937-39 JACKSON 3865 TYLER 206 42ND AVENUE 4736 5TH STREET 631 37TH AVENUE 3839 TYLER 538 SUMMIT 5228 WAASHINGTON 5-95 -- 4-96 3-95 -- 2-96 6-95 -- 5-96 6-95 -- 5-96 6-95 -- 5-96 2-95-- 1-96 2-95-- 1-96 2-95-- 1-96 4-95-- 3-96 6-95 -- 5-96 4-95 -- 3-96 5-95 -- 4-96 9-94 -- 8-95 6-95 -- 5-96 5-95 -- 4-96 5-95 -- 4-96 4-95 -- 3-96 4-95 -- 3-96 5-95 -- 4-96 4-95 -- 3-96 4-95 -- 3-96 6-95 -- 5-96 2-95-- 1-96 6-95 -- 5-96 6-95 -- 5-96 4-95-- 3-96 1-95-- 12-95 6-95 -- 5-96 7-95 -- 6-96 5-95 -- 4-96 7-95 -- 6-96 4-95 -- 3-96 4-95 -- 3-96 7-95 -- 6-96 5-95 -- 4-96 4-95 -- 3-96 4-95 -- 3-96 3-95 -- 2-96 5-95 -- 4-96 4-95 -- 3-96 5-95 -- 4-96 5-95 -- 4-96 5-95 -- 4-96 7-95 -- 6-96 3-95 -- 2-96 5-95 -- 4-96 4-95 -- 3-96 4-95 -- 3-96 SATHRE, LLOYD H. SATHRE, THOMAS L. SCHULTZ, ALAN R. SWANSON, LISA L. THERMOS, JAMES N. THOR, MARVIN A. TRISKO, FRANK J. VAN BLARICOM, STANLEY WAKEMAN, LARRY WALCZAK, FRANCIS M. WENDEL, DONALD W. WIGER, DAVID ZIMMERMAN, MARK J. 4625 TYLER 4633 TYLER 525 38TH AVENUE 4532 WAASHINGTON 842 50TH AVENUE 1035 PETERS PLACE 950 47TH AVENUE 4500-02 TYLER 4147 WASHINGTON 4512 WASHINGTON 1272 CIRCLE TERRACE 5045 4TH STREET 1807-09 41 ST AVENUE 5-95 -- 4-96 5-95 -- 4-96 4-95 -- 3-96 4-95 -- 3-96 10-94-- 9-95 2-95-- 1-96 4-95 -- 3-96 6-95 -- 5-96 1-95 -- 3-96 4-95 -- 3-96 6-95 -- 5-96 4-95 -- 3-96 6-95 -- 5-96 BRC FINANCIAL SYSTEM 07/07/95 07: 38: 47 Check History F=UND I:;~IECAI=': I=' LJND DESCR I F:"l" I ON 101 201 202 203 212 213 225 230 240 270 40]. 402 410 411 4].2 415 42.0 601 602 603 609 651 701 71.0 720 887 GENEF~:AL.. I..IRA CENTF,:AI.. OFF.'[CE I:'UND ANOKA COLJNTY [;DBG PARKVIEW VILLA NORTH STATE AID MAINTENANCE I"'ARKVIEW VILI..A SOUTH C A B L. E: T E I... E V 1810 N F'ARA TF(ANSIT I- I BRARY DAI:;.llE PROJIECT CAF"ITAL IMPROVE'ZMENTS STATE"' AID CONSTI=(UCTZON SHEF'FI EL..D RE:]DEVE:'.L. OF:'I~IENT CAF:'ITAL IMF"-61EN GOVT. BLDG CAF'ITAL IMPROVEI~IENT PARKS CAPITAl... IMF'ROVEMENT "~ F'IR MUt...T]: LKi;E REDE~VEI...OPMENT PLAN WATI:"]:;~ UT ]' I_. I'FY SEWER UT IL'I~TY RFZFUSE FUND L., I QUOR WATER CONSTI=~UCTION I=UND CEI'ITRAI_ 6ARAGE ENERGY HANA(};EMENT DATA PROCESS I bIG CONTI~IBLJTED F'ROJECTS-(.~F:]'I I I'IS U R A I'1C ESCROW F'L.EX BENEFIT TRUST FUND 'I"OTAI._ AI_L FUNDS D ]: SBLJI:::C.;E:I"I E: NTS 58,823.83 4,586 ,. 42 84.00 22,877.16 453.44 581 .. 86 5,999.58 ].61.61 3,674.32 28 ,, 48 ]. 19.98 ]. 15.00 227.01 5,856.11 15 ~ 697.79 280 .. 78 851.44 2,955.67 2,643.93 I, 247 .. 82 101,783.86 5,150 .. 00 15,044.54 7,133 .. 64 733.05 3,364..40 26,962.06 2.25,035 .. 44 9,104.67 521,577.89 BANI< RIECAF:': ](-:{ AI',I I( NAr'lEE BANI( CH['ECK ING ACCOUNT TOTAL. ALL BANK.S ID ]: ,c; DU F~SE P'IE hi'l" ~.:; 521 .., 577.89 521,577.89 BRC F:'INANCIAL SYSTE:M 07/07/95 07: 3 Check History 07/1.0/95 C;OUI,IE;IL. I...:I:,ST CITY OF COLUI~IBIA HE:IGHTS GI._5401::t-.-.V04.30 F'AGIE BANK VENDOR CHECK NUMBE:R AMC)UNT BANI<. CHECK :1: NG ACCOUNT ANDERSON'S; NEW CARPET DE BARTON SAND & GRAVIKL Bli:LL. BOY BAR ~;UPPLY BEI_LBOY CORPORATION BIAL. ON/EILEEN F BURTON/JILL CREATIVE LAMINATING DCA INC. DI:::L..E::(:~ARI) TOOL. CO. D:[ETZ/VAL GE:NO:[NE F'A~T~;/NAPA AUTO G I RARD/CAROL GOOI)ROAD/T INA GR:[(~(~S'-COOPER & CO ~]OI"INSON BRC]S. LIQUOR CO. I(AI:'ALA/JAffiES KIEWATT/CHARLE:S I...I:::IE F BROS. L :I:NI) AHL/HE:LE:N L..OADER/RI:~BECCA M :1: NT ER-WE: ]: SMAN I~i:~F:'A F'ARTS F'LLJS F:'ETTY CASH -" GARY BI~AAII:. F'ETTY CASH "" JANICE: MCGH I::'ETTY CASH "" JOANNE BAKE: F'ETTY CASH .... KARE:N MOE:I...L F:'H:I:LL. IF'S WINE & SPIRTS F:'R :1: OR W ]: NE: F'I:~UDIENTIAI.. I_IFE INSURANC I::'RYOR RESOURCES, INC QUAL:I:TY WINE & SPIRITS R & T SPECIAL.I'Y INC SATUI~N SF'ORTSWEAR SCHM]:I)T/JEAN INE M SCHI~ I DT/R I CHARD SI"I:[ EL.Y CO ~:TU~DEVANT/~O~EPN ~ SUPERIOR FIRE PROCTECTIO TUBBS/MARSHA U S POSTMASTER U S WE~T CELI..ULAR U S WEST COffiMUNICATIONS WODZIAK/LAWRENCE & MARINA APACHE: DROUP OF MINNSOTA AT &T BANI(O/HARRY AND BONNIE 53683 2,725.00 53684 I, 296 ,, 54 53685 94.89 53686 7 .. 629 ,, 05 53687 211.00 536S8 1 O0 ,, O0 53689 41.. 94 53690 23.47 53691 63.58 53692 :L 7.97 53693 17.83 53694 7 ,, 00 53695 :1.0.51. 53696 :1.7,634 ,, 62 53697 2 .~ 719.29 53698 9 ,, 66 53699 60.97 53700 33 ,, 77 53701 62.00 53702 2.1. ,, 28 53703 7,596 ,, 64 53704 600 ,, 00 53705 30 ,, 66 53706 89 ,, :L 7 53707 12.94 53708 7 :/,, 66 53709 98.57 53710 2, :1.20 ,, 34 53711. 2,851.85 53712 794 ,, 52 5371,3 99.00 53714 376.68 53715 28.48 53716 207.40 53717 9.56 53718 95 ,, 57 53719 I, 866.69 53720 355 ,, 55 53721 19 .~ 069.86 53721? 13 ,, 28 53723 1 :, 489.86 53724 5 ,, 09 53725 79.65 53726 79 ,, 50 53728 292.94 53'729 i':'.(3 ,, 44 53730 25.00 BRC FINANCIAL_ SYSTI-'"M 07/07/95 07: 3 Chec:k History 07/.1.0/95 COUNCIL. LIST CITY OF:' COLUMBIA HIFIGH'T'S GL540R-'V04.30 F:'AC';E 2 BAN K VENDOR CHECK NUMBER AMI)LiNT BANI< CHECK II,IG ACCOtJI',IT BE:L.L. BC)Y BAR SLJPF'LY BELl_BOY CORF'ORATION COL. UFIBIA HEIGHTS COMP USA DEMARS SIGNS (:')I:~I(3(SS'--COOF'EI~ & CO HERBE[RT/JOFIN ICMA ANNUAl._ CONF, REGIST JOHNSON BROS, [..I6~LIOR CO. KI:;'.AUS-ANDIERSON I..IEA[~UE OF' MINNESOTA CITI LE:IEFr BROS. M I NTER-WE I SMAN MN HOUSING FINANCE AGIENC M 0 E: L. L. E: R / K A R E N N S P NORTH STAR CONCRETE I::'AULSON/A~Y F'IETI'Y CASH- GARY BRAATE F:'E:TTY CASH '- ~ANICE MCGH I::'IE-f'TY CASH - KAREN MOEI...I.. F:'HII...LIPS WINE & SPIRTS F'R I OR W I NE: QtJAL..ITY WINE & SPIRITS RAPID GRAPHICS & MAILING SCHNEI bER/DONAI_D STAR TRIBUNE: WINE COMPANY/THE ANOKA COUNTY SOCIAL SERV BECKER COUNTY CHILD SUF'P F'IRST COMMUNITY CRE:~IT U GREAT WEST LIFE & ANNtJZT HE:AL. TH PARTNERS ICMA RETIREMENT TRUST 45 ME:DICA CMOICE: MICKELSON~TRtJSTEE/~ ~ MINNE:SOTA MUTUAL LIFE MN STATE RETIREMENT SYgT NORTHEAST STATE BANK I::'AYROI_L ACCOUNT F'IERA PERA .... DEFINED CONTRIBUT F'E:RA -" F'I~E: RE:LIEF F'IERA POLICE RELIEF' CONSO F'UBLIC MANAGE:RS ASSOCIAT STATE CAPITOL CREDIT UNION 1216 53731 339.46 55752 9,687 ,, 17 55733 4,301.. 53 53734 95 .. 12 53735 74.55 53736 11,5:L 7,, 7.1. 53737 14.3:1. 53758 580 ,, O0 53739 5 :, 417 ,, 1. 9 53740 8 :, 4.0 :l., 75 53741 30 ,, O0 53742 60 ,, 06 53745 7 :, 985.01. 5~'3744 4 :, 008 ,, 47 53745 27.08 55746 9,824 ,, 26 53747 ::l , 3 J. 9.23 53748 60 .. 7 ~. 53749 40.25 55750 37,.93 53751 95 ,, 97 53752 9,845.. 55 53753 747.87 53754 .1. :, 785 ,, 88 53755 8,.1.45,35 53756 :1.2.15 53757 65 ,. 70 53758 72 .. 45 53760 379. O0 5576.1. 2 :l 4 ,, 20 55762 I , 624. O0 53763 4,374 .. 34 55764 15,165.28 53765 5,726 ,. 04 53766 20,802..1. 1 53767 350 ,, O0 53768 44.1..00 53769 866 ,. 00 53770 58,969.96 53771 120,460 ,. 61 53772 ]. 9,882.71 53773 94 ,, 62 53774 3;79.10 55775 1 :,612.65 53776 30.00 53777 970 ,. 00 53778 :l. 00 ,. 00 BRC FINANCIAL SYSTEM 07/07/95 07: 3 Check History 07/10/95 COUNCIL LIST CITY O1= COLUMBIA HEI(~HT.~ GI...540R-'V04.30 PAGE BAN K VENDOR CHECK NUMBER AMOUNT BANI< CI--IIECI<IIqG ACCOUN'I" LJNION 320 UNITED WAY A & C SMAI_L ENGINE A & M ROTOTILLING, INC. A T&T CREDIT CORPORATION A l'&T WIRI:.'~LESS AAA/PRI[]RITY VIDEO ACE I-.IARDWARE AI...EXANDER BATTER~E~ AHIER ICAN B~NDE~Y A~EF~ICAN L_~NEN 5LJF'PLY CO ANOKA COUNTY I_~B~ARY AF'ACHE C.IROUP OF:' MINNSOTA AF~T:[SAN I_OCK & KEY AT & T AtJDIO KING BAI<ER & TAYLOR BAI<EF( & TAYLOR ENTERTAIN BA KEF~/F:'HI L. BANYON DATA SYSTIEMS BARNA GLJZY & STEF:'F'EN LTD BII=F'~, INC. B ITLJMINOLJ8 ROADWAYS, INC BLAZ I NA/THOHAS B[]YD HOUSER CANDY & TSBA []ARLSON EQUIPMENT CE:NTRAL. STORES CHASI<A CHIEMICAL CO CHER[]KEE F:'OWER EQUIPMENT CITY OF BLOOMINGTON COL.E: PUBL. I CAT IONS COL. OR TILL:: COLUMBIA HGTS-"F'RI DLEY COHF'UTEI~ CURTIS INDLJ~TRIES INC D C HEY COMPANY DALCO ENTERPRISES DAVIEG WATER EQUIP DEMCO DUST I N/R I CHARD IEC KMAN/LARRY F[]CUS NEWSPAPERS FRIDL.EY/CITY OF F:'UEL OIL SERIVCE GALE RESEARCH CO. [3ENUINE I='ARTS/NAF'A AUTO GOPHER STATE ONE-CALL IN 53779 821. O0 53780 59.50 55781 6.92 53782 78 .. 81 55785 35.54 55784 4., 1~ 55785 41.88 53786 264., 30 53787 '~. 89.47 557~'38 ;L 67 ,, 15 53789 58.19 53790 503 ,, 00 53791 256,, 11 55792 111 ,. O0 557~5 931 ~ ~2 537~7 147 . 29 537~8 1 ~ 095 .. 00 5379~ 14 ~ 706. ~0 53800 493 ,, 80 5~801 2~907.02 5~802 90 ,. 00 55803 259 ,, 80 53804 268 ,, 37 53805 48.15 5380~ 37 ,, 28 55807 1.71 53808 70 ,, O0 5380~ 21~ . 75 5~810 20 ,. 05 5~812 637 ,, 93 53815 329.10 53814 158., 38 53815 175.12 5~818 35.00 5~81~ 100. O0 5~820 353 ,, 92 53821 6 ~ 104.00 5~822 65 ,, 60 53823 113. q6 5~18~ 5 16 ~ . 75 BRC F'INANCIAL SYSTEM 07/07/95 07: 3 Check History 07/10/95 COUNCIl_ I..IS1' CII"Y OF:' COL_I, JMBIA I"Ili"':[C~HI'S GL. 540R-V04.30 F:'AGE 4 BANI< VENDOR CHECK NUMBER AMOLJNT BAI'..II< CHli."CI(ING ACCOUI,IT I"1 B F"ULLER COMPANY HEIGHTS ELECTRIC INC. NEI NTZ/EUSEB I US HNTB CORPORATION HOI..MEiS & GRAVEN I NI'ERNAT. CONI'-'. OF BI_DG II,ITI:!]:;~NATIONAL CRYSTAL. MI::' O I NDRA/F:'A'T'R I C I A K I~IAR1' KEWATT/TODD KC]DAI</EASTMAN I_ABOR RELATIONS ASSOC. L. EAGLJE OF' PIN CITIES INS I..IEIE]:-" BROS. L. YNDE; [;OMPANY MCGHEE--FETZIER/JAN I MliEhlARDS CASFIWAY LUMBER MEIRIT BADGE COMPANY MIEI'RO AREA MANAGEMENT AS MIDWEST BUSINESS PRODUCT MINNCOR CENTRAl.. MINIqESOTA BLUEPRINT MINNESOTA ELEVATOR MINNESOTA PLAYGROUND INC M I NNESOTA ' S BOOKSTORE MN F'GI...I_UTION CONTROL. AGE MTI I)ZSI'F~IBLJT MTS NORTHWEST SOUND MLJRZYN JR/DONALD ~ N S P NAWROC KI/BRUCE NEll COI_LEGE 0~ TECHNOLOG I,IORTHERN AIRGAS NORTHEIBN STATES POWER NORI'HERN WATER WORK8 SUP NORTHWAY LANDSCAPING OLSON'8 PLUMBING F:'A;[NT F'AM OIL. INC PARKVIEW VII_LA RESIDENT PIERSONAL REPORT I::'EI'TY CASH - REBECCA L_GA F:'IONE;ER PRESS I:'GWEIR BRAKE & EQUIPMENT F:'LJ[~L.~[CORP INC RAI::'IT PRINTING - FRIDI_EY SAFE-.T-F'L. ARE 55826 72.38 53827 i .,, 387 ,, 13 55828 35. O0 53829 1 10. O0 53830 704.44 53851 157., 15 53832 34.91 53833 35 ,, O0 53834 95.01 53835 15.00 53836 700. O0 53857 500 ,, 00 55838 26,768.50 53839 11 :L ,, 50 55840 441.60 5384 :L 117., 15 o.~84,.. 333 ~ ,.~ 53845 4., 26 53844 13 ,, 50 53845 192 ,, 26 55846 3,131.11 55847 77.30 53848 67. O0 53849 8,396.37 53850 150. O0 538 51 300 ,, O0 55852 68.46 53853 7, :L9:L ,, 42 55854 35.00 55855 1,576.53 53856 35.00 53857 22.50 53858 11.74 53859 8,255.81 53860 464.40 53861 71.60 53862 8 ~ 050. O0 5~863 1 ~ 405 ,, O0 55864 22.86 53865 584., 38 55866 42.72 53867 35 . 68 53868 171 . 60 53869 42 ,, 49 53870 378 . 00 53871 :L 05 ,, 04 53872 115 . 00 BRC FINANCIAL SYSTEM 07/07/95 07:3 Check History 07/10/95 COUNCII... I._I ST CITY OF:' COLUMBTA HEIGHTS GL540R-.V04· 30 F'AGE 5 BANI( VENDOR Cl.-lEE; K NUMBER AMOUI',IT BANK CHECKING ACCO~JNT SA'I"URN SPORTSWEAR SHARP HEATING & AIR COND SIGN LANGUAGE/JIMMY L GO SO~JTHAM BUS~NESS COMM Sl' F:'ALJL. L. INC)I...EUM AND CAR STAR TRIBUNE STf~EICFIER GUN'S INC/DON ST~JRDEVANT/JOE A SYSTEMS SUF'F'LY INC. TAYI..OR TELEPHONE SYSTEMS TEL.EF'HONE ANSWERING CENT I'OWN & COtJNTRY OlZl::'ICE Cl.. TF~ACY/TRIPF' F'UEI...S T[JRNQUIST INC TWIN CITY INDUSTRIAl.. MOl' [J S TIRE & EXHAUSI' U S WEST CELL.ULAR UNII=ORMS UNLIMITED INC WA'fER PRO WEST WELD WIL. I...IAMS STEEl_ & HARDWAR WOI:~I(ING SMART ZIMCO F'L.UMBING SERVICE I ZONING F(EF:'ORT/THE 5,3873 36.60 5,3874 5,565 ,. 00 5`3875 J. 87.44 53876 77.50 5`3877 700 . 00 5[$878 3~()4 . (30 53.3879 96 ,, 50 53880 1 <23 ,, 56 53881 662.06 5,3882 1 58.10 5,3883 90.35 53884 1,704 ,, 00 53885 13,800.66 53886 285.87 53887 186.38 53888 74 ,, 49 53889 67.32 5`389(> 234.30 5389:1. .1,357.52 53892 1 :L 7 ,, 99 5:1893 500.14 5`3894 57,,72 5`3895 294.53 53896 58 ,, 00 52:1. :, 577.89 *** BRC F'I~NANCIAI_. SYE;TEffl 07/07/95 07:3 BAN I< VENDOR F~EF'OF~T TOTAI...,c.;: C]:T¥ OF' E;OL..LJMBIA HEIGFITS; Check. History GI...5401:~.--V04.~O F'AGE: 6 07/10/¢75 COLJNC]:L. LI,~!~T CHECK NUMBI!i:F;~ r:'~ P'I[] UI,IT 52'1..., 577.89' F~E:'COI~D,~ PRINTED - 000807 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION MAY 8, 1995 The Board of Trustees Meeting was called to order at 9:15 p.m. by Mayor Sturdevant. Jolly, Petkoff, Ruettimann, Sturdevant - present Peterson - absent 2. APPROVAL OF MINUTES Motion by Ruettimann, second by Petkoff to approve the minutes of the April 24, 1995 Board of Trustees Meeting as presented. Roll call: All ayes RESOLUTION NO. 95-28: BEING A RESOLUTION REGARDING FIRST TRUST I~VESTMENT/CUSTODY AGREEMENT AND FIRST AMERICAN FEE ~RANGEMENTS DISCLOSURE Motion by Petkoff, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-28 AUTHORIZING INVESTMENTS IN THE FIRST AMERICAN FUNDS BE IT HEREBY RESOLVED by the Board of Trustees of the Columbia Heights Volunteer Fire Relief Association, that: WHEREAS, the corporation is identified in the Columbia Heights Fire Department Relief Association - Volunteer Division Plan (the "Plan") as a Plan Fiduciary and the Plan Fiduciary's approval is required in order for the Plan to invest its assets in the First American Funds, Inc., First American Investment Funds, Inc., and the First American Mutual Funds (the "First American Funds"); and WHEREAS, we have received and read and we understand the current prospectus for the First American Funds and the Fee Arrangements Disclosure of the investment advisory and other fees charged to or paid by the Plan and the Funds. RESOLVED, that we hereby approve of the investment advisory and other fees paid by the Plan directly or through the Funds and the investment of Plan assets in the Funds; FURTHER RESOLVED, that we affirm that our approval is a fiduciary decision we are making as a fiduciary of the Plan. BOARD OF TRUSTEES MEETING MAY 8, 1995 PAGE 2 Passed this 8th day of 1995. Offered by: Petkoff Seconded by: Ruettimann Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary AUTHORIZATION OF INVESTMENT/CUSTODY AGREEMENT Motion by Ruettimann, second by Petkoff to authorize the investment/custody agreement with First Trust for the management of the Volunteer Fire Relief Association Pension Plan. Roll call: All ayes Motion by Ruettimann, second by Petkoff to adjourn the Board of Trustees Meeting at 9:20 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS Meeting of July 10, 1995 AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER Relief Association Fire APPROVAL NO: ITEM: Lance R. Montague BY: Charles Kewatt BY:--k.------~' Leave of Absence (~ ~ DATE: June 13, 1995 gt D NO: Columbia Heights Fire Department Volunteer Relief Association Board of Trustees Please be advised that Lance R. Montague has been granted a seven-week leave of absence from the Volunteer Division of the Fire Department. The effective dates of this leave are June 13 through July 27, 1995. RECOMMENDED MOTION: Move to record leave-of-absence status for Lance R. Montague, Volunteer Fire Department, effective June 13 through July 27, 1995 (45 days). 95-119 cc: Volunteer Relief Association Secretary COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of July 10, 1995 AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER Relief Association Fire APPROVAL NO: ITEM: Lawrence Patsch Pension BY: Charles Kewatt BY~~E,~ DATE: June 13, 1995 DA · NO: Columbia Heights Fire Department Volunteer Relief Association Board of Trustees Approval of the death benefit payment is required for Lawrence Patsch who died on June 19, 1995. In accordance with the Volunteer Relief Association by-laws, the approval of the Board of Trustees is required on all pension payments. Since the Finance Director does not have a designated beneficiary from Mr. Patsch, the payment will be made to the estate of Lawrence Patsch. RECOMMENDED MOTION: Moved to approve that the death benefit payment for Lawrence Patsch be made to the estate of Lawrence Patsch. 95-135 cc: Volunteer Relief Association Secretary COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of ~ul¥ 10~ 1995 AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER Relief Association Fire APPROVAL NO: ITEM: Lance R. Montague BY: Charles Kewatt BY"~-.~ Leave of Absence DATE: June 13, 1995 ~' D NO: Columbia Heights Fire Department Volunteer Relief Association Board of Trustees Please be advised that Lance R. Montague has been granted a seven-week leave of absence from the Volunteer Division of the Fire Department. The effective dates of this leave are June 13 through July 27, 1995. RECOMMENDED MOTION: Move to record leave-of-absence status for Lance R. Montague, Volunteer Fire Department, effective June 13 through July 27, 1995 (45 days). 95-119 cc: Volunteer Relief Association Secretary COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of July 10~ 1995 AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER Relief Association Fire APPROVAL NO: ITEM: Lawrence Patsch Pension BY: Charles Kewau BY~ DATE: June 13, 1995 DA · NO: ~.~( Columbia Heights Fire Department Volunteer Relief Association Board of Trustees Approval of the death benefit payment is required for Lawrence Patsch who died on June 19, 1995. In accordance with the Volunteer Relief Association by-laws, the approval of the Board of Trustees is required on all pension payments. Since the Finance Director does not have a designated beneficiary from Mr. Patsch, the payment will be made to the estate of Lawrence Patsch. RECOMMENDED MOTION: Moved to approve that the death benefit payment for Lawrence Patsch be made to the estate of Lawrence Patsch. 95-135 cc: Volunteer Relief Association Secretary COUNCIL ACTION: TO CITY COUNCIL JULY 10, 1995 *Signed Waiver Form Accompanied Application APPROVED BY BUILDING INSP. II II II II II II II II II II II ''II II II II II II II II II II 'II II II II II II II 1995 LICENSE AGENDA CONTRACTORS LICENSE LOCATION Bituminoos Roadways Carrolls Exterior Remod. Century Plumbing, Inc. Fore Mechanical, Inc. Gertman Mechanical Griffin Service Station Equip. Heartland Industries Lusterlite Corp. Mid-City Mechanical Modern Roadways co. R & R Construction R & S Heating & A/C Silvernail Ent. Ltd. Topline Advertising Vogt Heating 9050 Jefferson Trail W. 3784 White Bear Ave. 444 Maple St. P.O. Box 130788 7307 County Road 5 8834 Xylite St. N.E. 817 Vandalia 900 Jorie Blvd. 9107 Davenport St. N.E. 1620 Winnetka Ave. 548 Heinel Drive 21357 Hemlock Ave. 3645 Perry N. 1471 - 92nd Lane N.E. 3260 Gorham Ave. FEES $ 4O.OO 40.00 40.00 40.00 40.00 40.00 40.00 40.00 4O.OO 4O.OO 4O.OO 4O.OO 4O.OO 4O.OO 4O.OO POLICE DEPT. SINGLE EVENT CLUB BEER ON SALE No. Mpls. Sertoma Club Dennis Kudak Huset Park 7/29-20/95 for softball tournament REQUEST FEES BE ~4AIVED SAFETY & HEALTH, ANOKA COUNTY ITINERANT FOOD/POP CONCESSION Mark Atkinson Huset Park 7/29-30/95 for softball tournament 35.00 SAFETY & HEALTH GROCERY SALES Hollywood Video 4849 Central Avenue 5O.O0 POLICE DEPT. ITINERANT MERCHANT Col.Hgts/Fridley Kiwanis 5250 Central Avenue Charles Dettman PARKING LOT August 16-19, 1995 **Contingent upon Approval of Police Department REQUEST FEES BE WAIVED June 29, 1995 Columbia Heights City Council 590 40th Ave NEColumbia Heights, MN 55421 Dear City Council Members: Enclosed is a license application for a single event club on sale beer license to allow the North Minneapolis Sertoma Club to sell beer in conjunction with the 17th Annual Letterman Sports Softball Tournament to be held on July 28 and July 29th, 1995. It is our understanding that the Letterman Sports Tournament is an annual event held at Huset Park, The Club has been in contact with the Park and Rec Depts. of Columbia Heights to assure ourselves of the integrity and overall operation of this tournament. We have found that in the past 17 years no negative reports were on file regarding tournament activity. Therefore, it is our clubs intention to again operate the beer concession in conjunction with this event to raise funds for the many charitable organizations that we sponsor. The North Minneapolis Sertoma Club is a non-profit organization consisting of both men and women who· donate their time and efforts through such fund-raising events. We donate these proceeds to organizations such as Alternatives for Autistic children, Camp Friendship, Camp Courage, and the speech and hearing impaired. We strongly feel that because our club is a non-profit organization and the proceeds will primarily be used to fund these charitable organizations, that the City Council once again waive the application and license fee. , erely, ,/ ;(} �--'-· Y1-, � � ennis M. Kudak Vice President North Minne apolis Sertoma Club Columbia Heights - Fridley Kiwanis Club Meetings: Tuesday Noon %Charles Dettmann, President NE!, 825 41st Ave. NE COLUMBIA HEIGHTS, MN 55421 June 30, 1995 Mayor Joseph Sturdevant & Members of the City Council City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 RE: Request for Waiver of License Fee for General License to Sell Peaches Dear Mayor Sturdevant and Honorable Members of the City Council: Respectfully request that the ordinary $50.00 license fee be waived for the Kiwanis Club. As per the attached application, the Kiwanis Club(a service club) will be selling fresh tree ripened peaches from Colorado as a fund raising project to support i~s youth projects. We will be using the net proceeds of $1,500 to $2,000 to fund our College Scholarship Program for 1995(a~$1,000 'scholarship is given to a graduating senior from the Columbia'~Heights': High School and another $1,000 scholarship is given to a senior'?graduating from the Fridley High School). Any residual funds will be used to help fund our annual Youth Leadership Institute -which is attended by over 30 Junior Class high school students. The Youth Leadership Institute costs the club over $8,000 each year. The peaches that we will be selling from a semi-truck trailer or smaller refrigerated truck at the First Bank of Columbia Heights at 5250 Central Ave NE. We will be selling the peaches for $18.00 per case(lug) which holds from 40 to 50 peaches depending on size. We plan on selling the peaches from August 16 thru 19. The peaches are tree ripened and delivered to Columbia Heights from Palisade, Colorado. We and the beneficiaries of our youth programs would sincerely appreciate your waiver of the $50.00 fee. If you have any questions in regard to this request, please contact Dick Walquist(Project Chair) at 788-3400 or Don Schneider at 782-2855(work) or 782-9410(home). Respectfully, Charles Dettmann President cc: Dick Walquist Don Schneider 07/()"/!'95 07: 38 :'. 47' F:' IJ N ~) I)E SCF~ I F:"i" I Ol',l HF::.A CI:':IqTI'TAL OF:F= :I: CE: F:IJND ANCIKA COUNTY F:'ARKVIli:W VIL. LA IqC)F:TH :STATE A :[):) COI-IST[:,:UCT:I:OI'.I 'i"Cl-I~,'.~L A-I_L F=IJI-I):)S i'):AI.II<RI:!:CAF":: BAht I< NAME: BAh[I< C:HE:C I< I hiE.:; AC:C: C L N'i- 'i"0 T Al... 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CHI!i:C I< :1: Iq(:-:; ACC:C)UI"-I"I" SA"f'URN SF:'OF;,'TSWE:AR ·SOt. J'i"HAM BUS]:t"-II!7. SS (]OMM 5 3 8 7 3 3 6.6 0 53875 :1.87.44 53877 700. O0 53878 .'.3 ()4 ,, 80 53879 96 ,, 5C.' ,. o6o 1. 662. C'6 53,~3S,:'4 57., 2'2 BRC F'INANCIAI..~ SYSTF.:M 07/07/95 07: 3 BAN K V END 01'~,' RE]F:'OF~T "I"O"I"AI...S: History CITY OF:' C~C)LUMB'IIA HEIGHTS Gl._ 540R""V04.3() F"AGliil 6 CHE']C I( NI...IM B lii]:~ A MOI. JI"I'T~ 521 , 577.89 I:i,'I:::CC)I::..'DS F:'R:I:NTI:::):) '- 000807 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION MAY 8, 1995 The Board of Trustees Meeting was called to order at 9:15 p.m. by Mayor Sturdevant. Jolly, Petkoff, Ruettimann, Sturdevant - present Peterson - absent 2. APPROVAL OF MINUTES Motion by Ruettimann, second by Petkoff to approve the minutes of the April 24, 1995 Board of Trustees Meeting as presented. Roll call: All ayes RESOLUTION NO. 95-28: BEING A RESOLUTION REGARDING FIRST TRUST INVESTMENT/CUSTODY AGREEMENT AND FIRST AMERICAN F~R ARRANGEMENTS DISCLOSURE Motion by Petkoff, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-28 AUTHORIZING INVESTMENTS IN THE FIRST AMERICAN FUNDS BE IT HEREBY RESOLVED by the Board of Trustees of the Columbia Heights Volunteer Fire Relief Association, that: WHEREAS, the corporation is identified in the Columbia Heights Fire Department Relief Association - Volunteer Division Plan (the "Plan") as a Plan Fiduciary and the Plan Fiduciary's approval is required in order for the Plan to invest its assets in the First American Funds, Inc., First American Investment Funds, Inc., and the First American Mutual Funds (the "First American Funds"); and WHEREAS, we have received and read and we understand the current prospectus for the First American Funds and the Fee Arrangements Disclosure of the investment advisory and other fees charged to or paid by the Plan and the Funds. RESOLVED, that we hereby approve of the investment advisory and other fees paid by the Plan directly or through the Funds and the investment of Plan assets in the Funds; FURTHER RESOLVED, that we affirm that our approval is a fiduciary decision we are making as a fiduciary of the Plan. BOARD OF TRUSTEES MEETING MAY 8, 1995 PAGE 2 Passed this 8th day of 1995. Offered by: Seconded by: Roll call: Petkoff Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary AUTHORIZATION OF INVESTMENT/CUSTODY AGREEMENT Motion by Ruettimann, second by Petkoff to authorize the investment/custody agreement with First Trust for the management of the Volunteer Fire Relief Association Pension Plan. Roll call: All ayes ADJOURNMENT Motion by Ruettimann, second by Petkoff to adjourn the Board of Trustees Meeting at 9:20 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS Meeting of July 10~ 1995 AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER Relief Association Fire APPROVAL NO: ITEM: Lance R. Montague BY: Charles Kewatt BY',~--~ Leave of Absence DATE: June 13, 1995 ~/ D NO: Columbia Heights Fire Department Volunteer Relief Association Board of Trustees Please be advised that Lance R. Montague has been granted a seven-week leave of absence from the Volunteer Division of the Fire Department. The effective dates of this leave are June 13 through July 27, 1995. RECOMMENDED MOTION: Move to record leave-of-absence status for Lance R. Montague, Volunteer Fire Department, effective June 13 through July 27, 1995 (45 days). 95-119 cc: Volunteer Relief Association Secretary COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of July 10, 1995 AGENDA SECTION: Volunteer Fire ORIGINATING DEPARTMENT: CITY MANAGER Relief Association Fire APPROVAL NO: ITEM: Lawrence Patsch Pension BY: Charles Kewatt BY(~~ DATE: June 13, 1995 DA · NO: ~b~,4( Columbia Heights Fire Deparnnent Volunteer Relief Association Board of Trustees Approval of the death benefit payment is required for Lawrence Patsch who died on June 19, 1995. In accordance with the Volunteer Relief Association by-laws, the approval of the Board of Trustees is required on all pension payments. Since the Finance Director does not have a designated beneficiary from Mr. Patsch, the payment will be made to the estate of Lawrence Patsch. RECOMMENDED MOTION: Moved to approve that the death benefit payment for Lawrence Patsch be made to the estate of Lawrence Patsch. 95-135 cc: Volunteer Relief Association Secretary COUNCIL ACTION: