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July 24, 1995 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Ma.~or Joxcph ~turclc~ ant Councilmembers I)onald G..hill3 (.~',/l'~ I. PCICI'M))I Robert ~V. l~ttdlimttnn City Manager I>alrick Hcnt~cs July 21, 1995 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 24, 1995, in the City Council Chambers, City Hail, 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 2. 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 July 10, 1995, as presented in writing, and such reading be dispensed with. 5. Open Mike/Proclamations/Presentations Proclamation - National Night Out, August 1, 1995 Presentations - Rich Gill, Robert Field (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. 1303, Ordinance Authorizing the Sale of Property at 4612 Taylor Street N.E. RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available to the public. "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA HEIGHTS D()ES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OB THE PROVISION OF SERVICES COUNCIL AGENDA Page 2 Council Meeting of July 24, 1995 RECOMMENDED MOTION: Move to Adopt Ordinance No. 1303, Authorizing the Conveyance of Certain Real Estate Located at 4612 Taylor Street N.E. RECOMMENDED MOTION: Move to Approve the Sale and Redevelopment Agreement Relating to 4612 Taylor Street N.E. by and Between First Choice Homes, Inc. for the Sale of 4612 Taylor Street N.E. and Authorize the Mayor and City Manager to Enter into Agreement for the Same. Public Hearing - First Reading of Ordinance No. 1305, Ordinance Amending Ordinance No. 853 City Code of 1977, Vacating a Certain Alley Easement. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Establish August 14, 1995, at Approximately 7:00 P.M. as the Second Reading of Ordinance No. 1305, an Ordinance Alnending Ordinance No. 853 City Code of 1977, Vacating A Certain Alley Easement. Public Hearing - First Reading of Ordinance No. 1306, Ordinance Amending Parking Requirements in Section 9.116(4) of the Zoning Ordinance RECOMMENDED MOTION: Move to waive the reading of the ordinance amendments, there being ample copies available to the public. RECOMMENDED MOTION: Move to Establish August 14, 1995, at Approximately 7:00 P.M. as the Second Reading of Ordinance No. 1306, an Ordinance Amending Section 9.116(4) of the Zoning Ordinance. d. Public Hearing/Resolution 95-33, Ordering an Improvement for Alley Construction West of Quincy Street RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-33, Being a Resolution Ordering an Improvement for Alley Construction from 37th Avenue N.E. to 38th Avenue N.E., West of Quincy Street P.I.R. 921- Project 9515. e. Resolution 95-34, CDBG Neighborhood Revitalization (4656 Monroe Street N.E.) RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-34, Resolution Authorizing the Purchase of 4656 Monroe Street N.E. f. Resolution 95-35, CDBG Neighborhood Revitalization (4550-52 Fillmore Street N.E.) RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. COUNCIL AGENDA Page 3 Council Meeting of July 24, 1995 RECOMMENDED MOTION: Move to Adopt Resolution 95-35, Resolution Authorizing the Purchase of 4550-52 Fillmore Street N.E. g. Resolution 95-36, CDBG Neighborhood Revitalization (4549-51 Taylor Street N.E.) RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-36, Resolution Authorizing the Purchase of 4549-51 Taylor Street N.E. h. Resolution 95-37, Regarding Labor Agreement Between the City of Columbia Heights and the International Association of Firefighters, Effective January 1, 1995-December 31, 1996. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-37, Regarding the Labor Agreement Between the City of Columbia Heights and the International Association of Firefighters, Effective January 1, 1995- December 31, 1996. i. Resolution 95-38, Regarding Labor Agreement Between the City of Colmnbia Heights and the Teamsters, Local 320- Police Sergeants, Effective January 1, 1995 - December 31, 1996. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-38, Regarding the Labor Agreement Between the City of Columbia Heights and the Teamsters, Local 320-Police Sergeants, Effective January 1, 1995 - December 31, 1996. j. Resolution 95-39, Regarding Labor Agreement Between the City of Columbia Heights and the Teamsters, Local 320- Police Officers, Effective January 1, 1995 - December 31, 1996. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-39, Regarding the Labor Agreement Between the City of Columbia Heights and the Teamsters, Local 320-Police Officers, Effective January 1, 1995 - December 31, 1996. RECOMMENDED MOTION: Move to Authorize the Mayor and City Manager to Execute the Necessary Documents with Standard Insurance of Portland, for Long Term Disability Insurance for the Police Officers. RECOMMENDED MOTION: Move to Authorize the Mayor and City Manager to Execute the Necessary Documents with Denticare for Dental Coverage for the Police Officers. k. Resolution 95-40, Designating Fund Balance in the General Fund and the Library Fund for Working Capital RECOMMENDED MOTION: Move to waive the reading of Resolution 95-40, there being ample copies available to the public. COUNCIL AGENDA Page 4 Council Meeting of July 24, 1995 RECOMMENDED MOTION: Move to Adopt Resolution 95-40, Being a Resolution Designating Fund Balance in the General Fund and the Library Fund for Working Capital. 1. Resolution 95-41, Transferring Fund Balance from the General Fund to the Fast COPS Fund RECOMMENDED MOTION: Move to waive the reading of Resolution 95-41, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-41, Being a Resolution Transferring Fund Balance from the General Fund to the Fast COPS Fund. m. Resolution 95-42, Approving City Council Meeting Bylaws of Procedure and Decorum RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-42, Approving City Council Meeting Bylaws of Procedure and Decorum. n. Resolution 95-43, Approving Amendment Development Agreement for Barnick/500 38th Avenue Building Project RECOMMENDED MOTION: Move to waive the reading of Resolution 95-43, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-43, Resolution to Approve the Contract for Private Development by and Among the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota, the City of Columbia Heights, Minnesota and Robert C. Barnick and Priscilla A. Baruick, D/B/A/Metro Assemblies, a Sole Proprietorship. o. Other Public Hearings, Ordinances, or Resolutions 7. Communications a. Planning and Zoning Commission The minutes of the July 11, 1995, meeting of the Traffic Commission are attached for informational purposes only. ***1) ***2) ***3) Conditional Use Permit, Columbia Heights Assembly of God, 4054 Van Buren St., #9507-27 RECOMMENDED MOTION: Move to Approve the Conditional Use Permit to Allow the Construction of a 12' x 20' Utility Building at 4054 Van Buren Street as it is in Compliance with the Zoning Ordinance. Conditional Use Permit, Sung Jang, 4920 Central Avenue, #9507-28 RECOMMENDED MOTION: Move to Approve the Conditional Use Permit to Operate a Korean Restaurant at 4920 Central Avenue Contingent Upon Removal of the Freestanding Sign and Upon Submittal of Architectural Interior Floor Plans Showing the Number of and placement of Seating Before any Permits are Issued. Conditional Use Permit, Patti & John Lyte, Jr., 5015 N. E. 4th Street, #9507-29 RECOMMENDED MOTION: Move to Approve the Request for a Conditional Use Permit to Allow the Construction of a 10' x 12' Utility Building With a 4' x 12' Roofed Porch in the Rear of 5015 N.E. 4th Street, as it is in Compliance with the Zoning Ordinance. COUNCIL AGENDA Page 5 Council Meeting of July 24, 1995 ***4) Plat Approval, Hillcrest Development, 550 N.E. 39th Avenue, #9507-26 RECOMMENDED MOTION: Move to Approve the Plat for 550 N.E. 39th Avenue to be Recorded as a Registered Land Survey with Anoka County. ***b. Block Party Request - Ruth Graham, 625 47th Avenue N.E., for August 1, 1995 RECOMMENDED MOTION: Move to Approve the Request of Ruth Graham of 625 47th Avenue N.E. to Barricade the Cul-de-sac Only at the end of 47th Avenue, West fi'om Monroe St. to the top of the Hill for Their Annual Block Party/Crime Watch Meeting from 6 PM to 9 PM on August 1, 1995 (National Night Out). ***c. Block Party Request - Bruce Magnuson, 5010 Pennine Pass, for August 12, 1995 RECOMMENDED MOTION: Move to Approve the Request of Bruce Magnuson, 5010 Pennine Pass, to Block off Chalet Drive Between Stinson Boulevard and Pennine Pass for Their Annual Block Party From 1 PM to 7 PM on August 12, 1995. ***d. Work Session Dates RECOMMENDED MOTION: Move to Establish July 31, 1995, at 7:00 P.M., August 7, 1995, at 8:00 P.M., and August 21, 1995, at 7:00 P.M. as Work Session Dates. ***e. Block Party Request - Laurie Rittmiller, 5159 University, for August 1, 1995 RECOMMENDED MOTION: Move to Approve the Request of Laurie Rittmiller, 5159 University, to Block off 52nd Avenue between 4th and 5th Street for a Block Party from 6:30 PM to 9 PM on August 1, 1995 (National Night Out). f. Other Communications 8. Old Business a. Other Old Business 9. New Business a. Agreement Between the City of Columbia Heights and Columbia Park Medical Group for Operation and Maintenance of a Parking Ramp 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. ***b. Authorize APWA Conference Attendance by Public Works Superintendent RECOMMENDED MOTION: Move to Authorize the Public Works Superintendent to Attend the APWA 1995 International Public Works Congress and Exposition, September 23-28, 1995, in Dallas, Texas, and that all Related Expenses be Reimbursed from Funds Budgeted in 601-49430-3105, 602-49450-3105, 601-49430-3320 and 602-49450- 3320. COUNCIL AGENDA Page 6 Council Meeting of July 24, 1995 c. Award of Contract to Seal Well at Jackson Pond RECOMMENDED MOTION: Move to Award the Bid to Seal Inverted Well at Jackson Pond, Municipal Project #9511, to E. H. Renner & Sons, of Elk River, Minnesota, Based Upon Their Low, Qualified, Responsible Bid in the Amount of $9,500.00 With Funds to be Appropriated From Line Item 652-49499-5130; and Furthermore, to Authorize the Mayor and City Manager to Enter Into an Agreement for the Same. ***d. Authorize Final Payment for Building Accessibility Improvements RECOMMENDED MOTION: Move to Accept the Work for Building Accessibility Improvements, Municipal Projects #9425, #9212, #9216, #9218, and #9219, and to Authorize Final Payment of $3,125.94 to PMI Construction Company of New Brighton, Minnesota. ***e. Authorization to Seek Bids for the Purchase of Emergency Lights and Exit Signs for John P. Murzyn Hall RECOMMENDED MOTION: Move to Authorize Staff to Seek Bids for the Purchase of Emergency Lights and Exit Signs for John P. Murzyn Hall. ***f. Authorization to Seek Bids to Line the Sanitary Sewer on Reservoir Blvd. from 37th Avenue to 39th Avenue RECOMMENDED MOTION: Move to Authorize Staff to Seek Bids to Line the Sanitary Sewer Pipe on Reservoir Blvd. Between 37th Ave. and 39th Ave. g. Authorize Creation of One Full-Time Meter Reader Position RECOMMENDED MOTION: Move to Authorize the Creation of One Full-Time Meter Reader Position in Lieu of the Two Current Part-Time Meter Reader Positions With the Pay Range Remaining the Same as the Part-Time Position. ***h. Audit Engagement Letter RECOMMENDED MOTION: Move to Authorize the Mayor and City Manager to Enter Into a Contract With Tautges, Redpath & Co. Ltd. to Complete the City's Audit for the Year 1995 and 1996, as Outlined in Their Letter of June 26, 1995. ***i. Authorization to Attend Fleet Maintenance Advanced Training RECOMMENDED MOTION: Move to Authorize the Attendance of Tom Hosch and Barb Sandberg at the Fleet Maintenance Users Conference and Training October 2-6, 1995, by DP Solutions, Inc. in St. Petersburg Beach, Florida, and That All Related Expenses be Reimbursed From Funds 701-49950-3105 and 701-49950-3320. j. Other New Business Reports a. Report of the City Manager b. Report of the City Attorney COUNCIL AGENDA Page 7 Council Meeting of July 24, 1995 11. Licenses *** RECOMMENDED MOTION: 12. Payment of Bills *** RECOMMENDED MOTION: Adiournment RECOMMENDED MOTION: Move to adjourn. Pat Hentges, City Manager 95/57 Move to approve the 1995 license applications as listed upon payment of proper funds. Move to pay the bills as listed out of proper funds. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 10, 1995 The Regular Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. 1. pOLL CALL Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes for ADDroval The Council approved the minutes of the June 26, 1995 Regular Council Meeting with one correction. Variance Request - ~i~crest Development. 550 39th Avenue The Council approved the variance request of Hillcrest Development, 550 39th Avenue, to allow a certain portion of the required parking spaces to be installed over a specific timeframe conditioned upon the execution of a subsequent agreement between the City of Columbia Heights 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. Establish Hearing Dates for Revocation or Suspension of Rental Property Licenses The Council established 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 inspections in compliance with Housing Maintenance Codes. The Council established 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 in re-inspection fees. ~stablish Hearina Date for Revocation or Suspension of Rental ~roDerty License The Council established 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 39th Avenue. REGULAR COUNCIL MEETING JULYL 10, 1995 PAGE 2 ~equest to Serve Beer - Sullivan Park The Council approved the request of Carol Menken of Medtronic to serve 3.2 beer at the company picnic on Friday, August 18, 1995 from Noon to 5:00 p.m. at Sullivan Lake Park, such approval in conjunction with Park and Recreation Commission action of June 28, 1995. AQc~pt Cash Dona'tion The Council approved the acceptance of a donation of $200 from Elaine Dzubak Villafana and family of Columbia Heights with the money being deposited in the Police Department's Contribution Fund. Authorization to Seek Di~s to Recoat Garage Floor at Municipal Service Center The Council authorized staff to seek bids to recoat the garage floor of the Municipal Service Center. (The Assistant City Engineer advised the floor in the Police Department garage may also be looked at). Authorization to Seek Dids for Sign Maker Equipment The Council authorized staff to seek bids for sign maker equipment. Authorization of Assistant Finance Director AtteDdance at OMB Circular A-87 COUrse Qn August 3-4. 1995 The Council authorized the attendance of the Assistant Finance Director at OMB Circular A-87 Course on August 3-4, 1995 in Denver, Colorado and approved that related expenses be reimbursed from the Finance Department and HRA Department budgets. Approval of License ApDlications and Rental Property ~icense Applications The Council approved the license applications as listed upon payment of proper fees and the rental property license applications as submitted by Lowell DeMars on the memorandum dated July 10, 1995. ?ayment of Bills The Council approved the payment of bills as listed out of proper funds. APPROVAL O~ COFSENT A~NDA Motion by Petkoff, second by Peterson to approve the Consent Agenda as presented. Roll call: All ayes REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 3 OPEN MIKE One property owner expressed his concerns on a variety of matters. PUBLIC H~ARINGS/ORDINANCES/RESOLUTIONS a. Second Reading of Ordinance No, ~302. Sale of Property at ~00 38th Avenue The purchaser of the property, Robert Barnick, udvised the Council that his attorney had not received a copy of the purchase agreement in time to thoroughly review it. It was not received until late afternoon today. He noted there will be minor changes and corrections to the agreement. The City Manager reviewed the history of this purchase and understood there would be no substantive changes to the agreement. Motion by Ruettimann, second by Petkoff to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes 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 FIFTH 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: Ail of Lots 29, 30 and 31, except West 18.5 feet of Lot 31, Block 89, 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 specified in the attached agreement labeled "Exhibit A." REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 4 Section 3: 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: June 26, 1995 July 10, 1995 July 10, 1995 Offered by: Seconded by: Roll call: Ruettimann Petkoff Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Motion by Ruettimann, second by Petkoff to approve the development agreement with Robert Barnick and Columbia Heights HRA regarding the sale and TIF Development Assistance for 500 38th Avenue Northeast and to authorize the Mayor and City Manager to enter into the same. Roll call: All ayes b. Second Reading of Ordinance No. 1304.Conveyanc~ Qf Property at 4535 Taylor Street Northeast Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1304 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATiED 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 so'uth one half of Lot 26, Block 7, Sheffield'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 to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified. REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 5 Section 3: 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: June 26, 1995 July 10, 1995 July 10, 1995 Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Studevant Jo-Anne Student, Council Secretary Motion by Peterson, second by Ruettimann to approve the sale and development agreement relating to 4535 Taylor Street Northeast by and between the Twin Cities Habitat for Humanity for the sale of 4535 Taylor Street Northeast and to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes c. Second Reading of Ordinance No. 1301 Beina an Ordinan¢~ Reaarding Curfews Motion by Peterson, second by Jolly to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 130] BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CHAPTER 10, ARTICLE III, SECTION 3 OF THE COLUMBIA HEIGHTS CITY CODE IN ITS ENTIRETY, ENTITLED "CURFEW"ANDADOPTING 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 REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 6 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. REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 7 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. REGULAR COUNCIL MEEETING JULY 10, 1995 PAGE 8 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. REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 9 e "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 establishment 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. Be 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. REGULAR couNCIL MEETING JULYL 10, 1995 PAGE 10 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. Be the juvenile was engaged in a lawful employment activity or was going to or returning from his or her place of employment. Ce the juvenile was involved in an emergency situation. De 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: Am 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. 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. REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 11 10.303(5) PENALTY Violation of this ordinance is a misdemeanor. First Reading: Second Reading: Date of Passage: June 26, 1995 July 10, 1995 July 10, 1995 Offered by: Seconded by: Roll call: Petkoff Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary d. First Reading of Ordinance No. 1303. Being an Ordinance ~ut~orizin~ the Sale of Property at 4612 Taylor Street Motion by Peterson, second by Jolly to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1303 BEINGAN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4612 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: 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 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 specified. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 10, 1995 REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 12 Motion by Peterson, second by Jolly 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 Northeast~. Roll call: All ayes COMMUNICATIONS a. planning and Zoning Commission The minutes of the June 27, 1995 Special Meeting of the Planning and Zoning Commission were included in the agenda packet for informational purposes only. OLD BUSINESS a. Transport - Joint Powers Agreement Revision Motion by Petkoff, second by Jolly to table this matter until later in the meeting. Roll call: All ayes b. Authorize S.A.C.C.C. JQint powers Agreement The City Attorney advised that participation in this Joint Powers Agreement will not obligate the City to funding it. Councilmember Ruettimann expressed his concern regarding future financial commitments associated with this agreement. Councilmember Jolly felt the Council should get some estimates of anticipated costs associated with S.A.C.C.C. so they can be considered during budget deliberations. Motion by Jolly, second by Ruettimann to approve the Joint Powers Agreement for Southern Anoka County Community Consortium (S.A.C.C.C.) and authorize the Mayor and City Manager to enter into the same. Roll call: All ayes c. Phone at Silver Lake Beach Councilmember Jolly inquired as to the progress in having a telephone installed at Silver Lake Beach. He was advised the request had been made for the installation to U.S. WEST some time ago and it may be completed by now. d. Fire Department Air Tanks Councilmember Jolly inquired if the newly-purchased air tanks are in service in the Fire Department yet. The City Manager responded there are still some things to be done before they are fully implemented. REGULAR coUNcIL MEETING JULY 10, 1995 PAGE 13 e. New Employee Introductions Councilmember Jolly felt introducing newly-hired employees at City Council meetings was a good idea. He requested this practice continue. N~W BUSINESS a. ~o~ice Weapon Sale and Purchase Motion by Peterson, second by Ruettimann 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, totalling $3,960 and that the Mayor and city Manager are authorized to enter into an agreement for the same. Roll call: All ayes b. Agreement Between City of Columbia HeiGhts and Columbia Park Medical Group Legal counsel for the Columbia Park Medical Group requested this matter be tabled until the July 24th Council Meeting. Motion by Peterson, second by Jolly to table consideration of the approval of the agreement between the City and the Columbia Park Medical Group for the operation and maintenance of the parking ramp at 4011 Van Buren Street Northeast. Roll call: All ayes c. Authorization to Amend Contract for Engineering Services Project #9505 Motion by Ruettimann, second by Jolly 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 Boulevard and 39th Avenue for a cost-not-to-exceed $18,921.26 and to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 14 10. d. 1995-96 Animal Control Services Contract Motion by Petkoff, second by Peterson 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. Roll call: All ayes e. Award of Self-Powered Lawn Mower Bid Motion by Jolly, second by Peterson 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 $7,113.13 to be paid from 'the Capital Equipment Fund, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes ADDITIONAL OLD BUSINESS Joint ~owers Agreement ~ev~$ion - ~noka CQunty Transport Motion by Petkoff, second by Peterson to remove this matter from the table, iRoll call: All ayes Anoka County Sheriff Podany program will function. Only charges will be transported. explained how the transport adults arrested on criminal The County will provide the transport vehicle and pay the insurance. Participating cities and municipal entities will provide the personnel on a rotating basis for weekend coverage. The test program will cease in October of 1995. Revisions to the Joint Powers Agreement were briefly discussed. Motion by Ruettimann, second by Peterson 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. Roll call: All ayes ~EPORTS a. Report Qf the City Manager REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 15 The City Manager's report was submitted in written form and the following items were discussed: NEI Gym Rental: It was suggested that when the Council and staff holds a work session with representatives of NEI there be an invitation extended to School Board members to attend. Return of Public Works Director/City Engineer: Mark Winson will resume his position as Public Works Director/City Engineer on July 24, 1995. b. Report of the City Attorney The City Attorney had nothing to report at this time. Motion by Petkoff, second by Ruettimann to adjourn the meeting at 8:35 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Ma}or Joseph Slurde,. ant Councilmembers Donald G. Jollx WHEREAS: Bruce G. Nav. rocki Gar,, L. Peterson Robert \V. Rueuimann Cil.', Manager Patrick Hentges WHEREAS: **** NATIONAL NIGHT OUT **** The National Town Watch Association is sponsoring a special coast-to-coast community crime prevention project on the evening of August 1, 1995 called "National Night Out"; and It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime in our neighborhoods; and WHEREAS: "National Night Out" provides an opportunity for Columbia Heights to join together with thousands of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHEREAS: Neighborhood spirit and cooperation is the theme of the "National Night Out" project and is also the key ingredient in helping the Columbia Heights Police Department fight crime; NOW, THEREFORE, I, Joseph S. Sturdevant, Mayor of the City of Columbia Heights, do hereby call upon all of the citizens of our community to join the Columbia Heights Police Department in supporting and participating in "National Night Out" on Tuesday, August 1, 1995. BE IT FURTHER RESOLVED, that I hereby proclaim Tuesday, August 1, 1995 as "NATIONAL NIGHT OUT" in the City of Columbia ayor/'J0'seph- S. Sturdevan~ August, 1995 "SERVICE IS OUR BUSINESS' EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS Meeting of: July 24, 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO: 6 COMMUNITY DEVELOPMENT APPROVAL ITEM: SECOND READING OF ORDINANCE ,1303 BY: TINA GOODROAD~ B~~ RE: SALE OF PROPERTY - 4612 TAYLOR DATE: July 11, 1995~3 NO: ~,.'~. ~ . 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. The first reading was held on July 10, 1995. 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. 1303, Ordinance authorizing the Conveyance of Certain Real Estate Located at 4612 Taylor Street N.E. RECOMMENDED MOTION #3: Move to Approve the Sale and Development Agreement Relating to 4612 Taylor Street N.E. by and between First Choice Homes, Inc. for the Sale of 4612 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. ~ 303 BEING AN ORDINANCE AUTHOKIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4612 TAYLOR STREET NORTHEAST. The City of Columbia Heights does ordain: Section 1: 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 Section 2: 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. Section 3: This ordinance shall be in full force and effect from and a.tier 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-~9-95 HDDENDUM TO THE S~T~E & DEVELOPHENT HGRE~ RELHTING TO THE SHEFFIELD REDEVELOPMENT BY ~ BETWEEN THE CITY OF COLUMBZH HEIGHTS, M'rNNESOTH FIRST CHOICE HOMES, ZNC., H MINNESOTA 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. Liti_qAtion. 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. ~- 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 $ ~J 3-~-'~ 4.02. Floor ~lan. 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. Existina ImDrovements. 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 Agree:ment 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 a~d 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, ~ade this day of , 1995, between First %noice Homes, Inc., a corporation under the laws of Minnesota, Mcrtgagor, 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 mon~_ 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 I'ate 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 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 CiTY COUNCIL LETTER Meeting of : JULY 24, 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO: 6 C I TY MANAGER' S APPROVAL FIRST READING OF ORDINANCE NO. ]305 ITEM: REQUEST TO VACATE ALLEY BY: PATRICK HENTGES BY:(~~ ~ On June 5, 1995, Darlene donak, who owns the property at 3841 3rd Street, sent a letter requesting that the City vacate the alley adjacent to her north property line and to the south line of 3953 3rd street. Theodore S. & Darlene M. Jonak and Valeria A. Cumens are the only owners of property along this alley located East of 3rd Street to University Avenue, and north of 38th Avenue N.E.. The Public Works Department has looked at the alley and have no objections to it being vacated. RECOMMENDED MOTION: Move to waive the first reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish August 14, 1995 at approximately 7:00 p.m. as the second reading of Ordinance No. 130~ an Ordinance Amending Ordinance No. 853 City Code of 1977, Vacating a Certain Alley Easement. JG/alyvacat.ltr COUNCIL ACiION: ORDINANCE NO. 13o5 BEING AN ORDINANCE AMENDING ORDINANCE N0.853 CITY CODE OF 1977, VACATING A CERTAIN ALLEY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: The alley running West-East, from 3rd Street to State Highway No. 47 and is adjacent to Lots 33, 34, 35, Block 70, Columbia Heights Annex to Minneapolis, on the south and a portion of Lot 10, Rearrangement of Block E Columbia Heights Annex to Minneapolis, Anoka County, Minnesota on the north, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: One-half of the fourteen (14) feet vacated alley will be added to the above described lots that are adjacent to said alley. Section 3: 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: Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor RECEIVED JUN 0 6 1995 Pu~,.,c WORKS Dept. CITY ~0UNCIL LETTER I AGENDA SECTION: Ordinances & Resolutions ~ NO: 6 ~ FIRST READING OF QI~DINAI~CF~ ~o,. ~1306] ITEM: Zoning Amenoment, City oz coz.~gts. I NO: #9507-30 ~' C I Meeting of: July 24, 1995 ORIGINATING DEPT.: Planning and Zoning BY: Tina Goodroad~ DATE: July 14, 1995 CITY MANAGER AP P R OVAL The Planning and Zoning Commission reviewed the proposed Parking Ordinance amendments to Section 9,116(4) of the Zoning Ordinance. The proposed amendments are enclosed with the affected portions underlined. The changes occur at letter I, x, bb, cc, and dd. The majority of the changes affect manufacturing, fabricating or processing uses, office space in industrial zoned areas and warehouse uses. These changes are proposed to help assist any new industrial companies such as Agro-K and ~11 existing industrial business owners. Staff has had numerous discussions with owners eager to add-on and expand their businesses but are unable to because of the constraints the existing ordinance imposes on them. Public hearing notices were mailed for the Planning and Zoning meeting to all businesses in the "I" and "I-2" Zoning Districts. Staff has received several telephone calls regarding the proposed changes and we have received all positive responses. One of the reasons for the proposed changes is that there are numerous companies in town that have a maximum of 15-30 employees with a few customers a month. The proposed amendment will consider the number of employees when calculating required parking instead of just square footage. These changes will greatly assist existing business expansion and help allow new industrial growth as well as growth to the tax base. Research gathered from seven other cities regarding their parking requirements is submitted with this information. The proposed amendments follow what the other cities are requiring. The Planning and Zoning Commission unanimously recommend approval of the proposed amendments to Section 9.116(4) of the Parking Section of the Zoning Ordinance to the City Council for a first reading. RECOMMENDED MOTION: Move to waive the reading of the Ordinance amendments there being ample copies available to the public. RECOMMENDED MOTION: Move to establish August 14, 1995, at approximately 7:00 P.M. as the second reading of Ordinance No. 1306, an Ordinance amending Section 9.116(4) of the Zoning Ordinance. COUNCIL ACTION: ccag795.no6 t Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Flan Approval Other Ord. Amendment CITY OF CbLUI~BIA HEIGHTS 6/15/95 Application Date, Pee: Date Paid ~eceipt No: 1. Street Address of Subject Property: 2. Legal Description of Subject Property: Applicant: Name: City of Columbia Heights Address: 590 N.E. 40th Avenue Phone: 782-2856 Tina Goodroad, Zoning Coord. Older: N~e: Description of Request: Proposed Amendments to Section ~,116(~) of the 7nnlnn Ordinance relating specifically to the Industrial and Industrial ? 7nn~ Zonint: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use Heason for Request: tax base. To less&n parking restrictions to open up development aR~ jpcr~a~ Exhibits Submitted (maps. diagra~s, etc.) AcknovledKment and SiKnature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of ~innesota, Signature of Applicant~_ ~ Date: 6/15/95 Taken By: Ordinance No, 1306 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 9.116 (4) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.116 (4) Required Off-Street Parking (a) Calculating Spaces: When determining the number of off-street parking spaces required results in a fraction, each fraction of one-half (½) or more shall constitute another space. (b) Garage or Carport: A garage or carport shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide the required parking space. (c) Single Family Dwelling: At least two (2) parking spaces, one of which shall be a garage. (d) Two Family Dwelling: At least two (2) parking spaces per dwelling unit, one of which shall be a garage. (e) Rooming House: At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. (0 Multiple Dwelling: At least two (2) parking spaces for each dwelling in the R-3 District, 1.5 in the R-4 District, and 1 in all "B" Districts, one of which shall be a garage. (g) Hotel: At least 1 parking space for each rental court provided in the design of the building. (h) Motel: At least one (1) space for each dwelling unit or lodging room, plus one (1) additional space for each eight units. (i) School, Elementary_ and Junior High: At least one (1) parking spaces for each class room plus one (1) additional space for each 300 student capacity. (j) [I] High Schools: At least (1) parking space for each seven (7) students based upon design capacity, plus one (1) additional space for ever,:' two classrooms. (k) (1) (m) (n) [ii] Vocational Schools, Colleges, and Other Post-Secondaw Schools: At least one (1) parking space for every two and one-eighth (2-1/8) students based upon actual enrollment. Actual student enrollment for purposes of this section is the greatest number of students which the school has enrolled for attendance at any one time provided that all students accommodated at other times or in other shifts shall also be included for the purpose of determining actual student enrollment under this section if classes for a prior or subsequent time or shift begin or end within one and one-half (1-1/2) hours of the time when the greatest number is enrolled provided however that the number of parking spaces shall never be less than that stated in Section 9.116 (4) (j) (11). Church, Clubs: At least one (1) parking space for each three and one-half (3 seats based on the design capacity of the main assembly hall. Theater, Ballfield, Stadium: At least one (1) parking space for each eight (8) seats of design capacity. Hospital: At least one and one-half (1-1/2) parking spaces for each patient bed. Sanitarium, Convalescent Home, Rest Home, Nursing Home or Institution: At least one (1) parking space for each two (2) beds for which accommodations are offered. (o) (p) (q) (r) (s) (t) (u) Medical or Dental Clinic or Veterinary Office: At least three (3) parking spaces for each staff doctor or dentist according to design capacity. Prepared Food Establishments: At least one (1) parking space for each fifteen (15) square feet of gross floor area in building except an area equal to four (4) square feet for each seat provided. Prepared Food Delivery Establishment: At least one (1) parking space for each 180 square feet of gross floor area in building except of the Prepared Food Delivery Establishment as such establishment is defined in Section 9.103 (63). Bowling Alley: At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. Motor Fuel Stations: At least six (6) parking spaces plus two (2) off-street parking spaces for each service stall. Retail Store, Open Space Retail or Service Shop: At least one (1) off-street parking space for each two hundred (200) square feet of floor area (net). Restaurant, Cafe, Bar, Tavern, Night Club: At least one (1) space for each three (3) seats based on capacity design where there is no design layout, one (1) space for each thirty-five square feet of gross floor area. Provided, however, the City Council may by affirmative vote grant a contractual parking permit reducing the off-street parking requirements for a structure existing on August 8, 1977 by not more than fifty percent (50%) of this Ordinance when the owner of the lot petitions the Ci~ty Council and the City Council finds at a hearing on such petition that: i) The proposed use designed at maximum capacity does not warrant the strict parking requirements of the section; and ii) The reduction in required off-street parking spaces will not cause an additional burden on other lots or on off-street parking spaces; and iii) The lot size is not large enough to allow the highest and best use of'the property without such contractual parking permit; and iv) The use of the property does not include the sale of intoxicating liquors; and v) Petitioner has filed an application not less than thirty (30) days before said hearing and has paid a permit fee set by Resolution of the Council; in the absence of a Resolution setting such fee, the application fee shall be $300.00; and vi) The petitioner is the owner of good and marketable title to all of the property to which the contractual parking permit would apply. Ownership of the property shall be determined by the City Attorney based upon an abstract of 'title or registered property abstract certified to the current date and supplied to the City Attorney at petitioner's expense no later than fifteen (15) days prior to 'the hearing on the petition. vii) If the petition is granted by the City Council, the contractual parking permit may be issued only after the following conditions have been met. 1) The owner or owners and all lienholders of record shall join in executing the contractual parking permit which document shall be in a form recordable in the office of the Anoka County Recorder. The document shall provide that the rights therein granted to the petitioner by the City Council are not transferable or assignable to the petitioner's heirs, successors or assigns, to any person, persons, businesses, corporations or to any other entity or entities. The document shall specify that the contractual parking permit shall be valid only for the exact use of the property specified in the permit and that the permit shall be void in the event the use of the property is changed or intensified regardless of the amount of off- street parking required for the changed or intensified use. Such document shall be in the form of a covenant running with the real property affected thereby. 2) Uses permitted by a contractual parking permit shall not constitute non- conforming uses within the meaning of the Columbia Heights Zoning Code. 3) A contractual parking permit may be discharged by the owner of the property by written notice which shall be in a form recordable in the office of the Anoka County Recorder and which form shall be properly executed by the owner or owners and all lienholders of record and delivered to the City Clerk. 4) The contractual parking permit shall lapse upon the use of the property affected for the purposes of serving alcoholic beverages. 5) Upon the contractual parking permit becoming invalid, discharged, or lapsing hereunder, the property affected thereby shall be subject to the strict provisions of the City Code, excepting this Section 9.116 (4) (t), and violations of such strict provisions shall subject persons violating to the criminal sanctions therein contained. 6) The covenant referred to herein shall contain provisions allowing the City to enter upon the property in case of violations for the purpose of enforcing the strict provisions of the City Code and to allow the City to obtain such legal and equitable relief as a Court of competent jurisdiction may provide. The covenant shall further provide that the said owner or owners executing the contract shall pay all attorney's fees, court costs, and administrative fees incurred by the City in the enforcement of the covenant. 7) Any covenant entered into hereunder and any contractual parking permit issued hereunder shall automatically expire twenty five (25) years a.tier the date of filing of the said covenant in the office of the County Recorder. v) Banks, Offices and/or Public Office Buildings: At least one (1) parking space for each two hundred (200) square feet up to 6,000 square feet of floor area (net) plus one (1) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). (w) Undertaking Establishments: One (1) parking space for each five (5) seats or thirty five (35) square feet of seating area where there are no fixed seats, plus one (1) parking space for each two hundred rift3' (250) square feet of floor area not used for seating. (x) Furniture Store, Appliance Store, Wholesale, Warehouse: 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. (Y) Open Sales Lots, Lumber Yards, Auto Sales: One (1) parking space for each two thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (4,000) square feet of land up to a parcel of 24,000 square feet plus one (1) parking space for each six thousand (6,000) square feet thereafter. (z) Auto Repair, Boat and Marina Sales, Garden Store, Trade Service Shops: Four (4) parking spaces plus one (1) for each eight hundred (800) square feet of floor area over the first 1,000 square feet. (aa) Skate, Dance Halls, Miniature Golf, Private Clubs, Ice Arenas and Other Recreational Centers: Ten (10) parking spaces plus one (1) additional space for each two hundred (200) square feet of floor area (net). (bb) Manufactudne, Fabricatine or Processing ora Product or Material: Four (4) off- street parking spaces plus one (1) for each four hundred (400) square feet of floor area (gross). shall herea~er be amended to read as follows, to wit, 9.116 (4) Required Off:Street Parking (a) Calculating Spaces: When determining the number of off-street parking spaces required results in a fraction, each fraction of one-half (~,5) or more shall constitute another space. (b) Garage or Carport: A garage or carport shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide the required parking space. (c) Single Family Dwelling: At least two (2) parking spaces, one of which shall be a garage. (d) Two Family Dwelling: At least two (2) parking spaces per dwelling unit, one of which shall be a garage. (e) Rooming House: At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. (f) Multiple Dwelling: At least two (2) parking spaces for each dwelling in the R-3 District, 1.5 in the R-4 District, and 1 in all "B" Districts, one of which shall be a garage. (g) Hotel: At least 1 parking space for each rental court provided in the design of the building. (h) Motel: At least one (1) space for each dwelling unit or lodging room, plus one (1) additional space for each eight units. (i) (J) (k) (1) (m) (n) (o) (p) (q) (r) (s) (t) School, Elementary_ and Junior High: At least two (2) parking spaces for each class room plus one (1) additional space for each 300 student capacity~ [I] High Schools: At least (1) parking space for each seven (7) students based upon design capacity, plus one (1) additional space for every two classrooms. [ii] Vocational Schools, Colleges, and Other Post-Secondary Schools: At least one (1) parking space for every two and one-eighth (2-1/8) students based upon actual enrollment. Actual student enrollment for purposes of this section is the greatest number of students which the school has enrolled for attendance at any one time provided that all students accommodated at other times or in other shifts shall also be included for the purpose of determining actual student enrollment under this section if classes for a prior or subsequent time or shift begin or end within one and one-half (1-1/2) hours of the time when the greatest number is enrolled provided however that the number of parking spaces shall never be less than that stated in Section 9.116 (4) (j) (11). Church, Clubs: At least one (1) parking space for each three and one-half (3 seats based on the design capacity of the main assembly hall. Theater, Ballfield, Stadium: At least one (1) parking space for each eight (8) seats of design capacity. Hospital: At least one and one-half (1-1/2) parking spaces for each patient bed. Sanitarium, Convalescent Home, Rest Home, Nursing Home or Institution: At least one (1) parking space for each two (2) beds for which accommodations are offered. Medical or Dental Clinic or Veterinary. Office: At least three (3) parking spaces for each staff doctor or dentist according to design capacity. Prepared Food Establishments: At least one (1) parking space for each fifteen (15) square feet of gross floor area in building except an area equal to four (4) square feet for each seat provided. Prepared Food Delivery_ Establishment: At least one (1) parking space for each 180 square feet of gross floor area in building except of the Prepared Food Delivery Establishment as such establishment is defined in Section 9.103 (63). Bowling Alley: At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. Motor Fuel Stations: At least six (6) parking spaces plus two (2) off-street parking spaces for each service stall. Retail Store, Open Space Retail or Service Shop: At least one (1) off-street parking space for each two hundred (200) square feet of floor area (net). (u) Restaurant, Cafe, Bar, Tavern, Night Club: At least one (1) space for each three (3) seats based on capacity design where there is no design layout, one (1) space for each thirty-five square feet of gross floor area. Provided, however, the City Council may by affirmative vote grant a contractual parking permit reducing the off-street parking requirements for a structure existing on August 8, 1977 by not more than fifty percent (50%) of this Ordinance when the owner of the lot petitions the City Council and the City Council finds at a hearing on such petition that: i) The proposed use designed at maximum capacity does not warrant the strict parking requirements of the section; and ii) The reduction in required off-street parking spaces will not cause an additional burden on other lots or on off-street parking spaces; and iii) The lot size is not large enough to allow the highest and best use of the property without such contractual parking permit; and iv) The use of the property does not include the sale of intoxicating liquors; and v) Petitioner has filed an application not less than thirty (30) days before said hearing and has paid a permit fee set by Kesolution of the Council; in the absence of a Resolution setting such fee, the application fee shall be $300.00; and vi) The petitioner is the owner of good and marketable title to all of the property to which the contractual parking permit would apply. Ownership of the property shall be determined by the City Attorney based upon an abstract of title or registered property abstract certified to the current date and supplied to the City Attorney at petitioner's expense no later than fifteen (15) days prior to the hearing on the petition. vii) If the petition is granted by the City Council, the contractual parking permit may be issued only after the following conditions have been met. 1) The owner or owners and all lienholders of record shall join in executing the contractual parking permit which document shall be in a form recordable in the office of the Anoka County Recorder. The document shall provide that the rights therein granted to the petitioner by the City Council are not transferable or assignable to the petitioner's heirs, successors or assigns, to any person, persons, businesses, corporations or to any other entity or entities. The document shall specify that the contractual parking permit shall be valid only for the exact use of the property specified in the permit and that the permit shall be void in the event the use of the property is changed or intensified regardless of the amount of off- street parking :required for the changed or intensified use. Such document shall be in the form of a covenant running with the real property affected thereby. 2) Uses permitted by a contractual parking permit shall not constitute non- conforming uses within the meaning of the Columbia Heights Zoning Code. v) (w) (x) (y) (z) 3) A contractual parking permit may be discharged by the owner of the property by written notice which shall be in a form recordable in the office of the Anoka County Recorder and which form shall be properly executed by the owner or owners and all lienholders of record and delivered to the City Clerk. 4) The contractual parking permit shall lapse upon the use of the property affected for the purposes of serving alcoholic beverages. 5) Upon the contractual parking permit becoming invalid, discharged, or lapsing hereunder, the property affected thereby shall be subject to the strict provisions of the City Code, excepting this Section 9.116 (4) (t), and violations of such strict provisions shall subject persons violating to the criminal sanctions therein contained. 6) The covenant referred to herein shall contain provisions allowing the City to enter upon the property in case of violations for the purpose of enforcing the strict provisions of the City Code and to allow the City to obtain such legal and equitable relief as a Court of competent jurisdiction may provide. The covenant shall further provide that the said owner or owners executing the contract shall pay all attorney's fees, court costs, and administrative fees incurred by the City in the enforcement of the covenant. 7) Any covenant entered into hereunder and any contractual parking permit issued hereunder shall automatically expire twenty five (25) years a_tier the date of filing of the said covenant in the office of the County Recorder. Banks, Offices and/or Public Office Buildings: At least one (1) parking space for each two hundred (200) square feet up to 6,000 square feet of floor area (net) plus one (1) parking space for each two hundred fifty (250) square feet over 6,000 square feet (net). Undertaking Establishments: One (1) parking space for each five (5) seats or thirty five (35) square feet of seating area where there are no fixed seats, plus one (1) parking space for each two hundred fifty (250) square feet of floor area not used for seating. Furniture Store, Appliance Store, Wholesale, Warehouse: One (1) parking space for every 1.5 employees on major shift or one (1) per 2,000 square feet of floor area (gross), less 10% off total square feet to account for non-useable space, whichever is greater; plus one (1)space per company vehicle. Open Sales Lots, Lumber Yards, Auto Sales: One (1) parking space for each two thousand (2,000) square feet of land up to the first eight thousand (8,000) square feet plus one (1) parking space for each four thousand (4,000) square feet of land up to a parcel of 24,000 square feet plus one (1) parking space for each six thousand (6,000) square feet therea~er. Auto Repair, Boat and Marina Sales, Garden Store, Trade Service Shops: Four (4) parking spaces plus one (1) for each eight hundred (800) square feet of floor area over the first 1,000 square feet. (aa) (bb) (cc) (dd) Skate, Dance Halls, Miniatux:e Golfi Private Clubs, Ice Arenas and Other Recreational Centers: Ten (10) parking spaces plus one (1) additional space for each two hundred (200) square feet of floor area (net). Manufacturing, Fabricating or Processing of a Product or Material: One space for every 1.5 employees on major shift or one (1) per 600 square feet of floor area (gross), less 10% off.total square feet to account for non-useable space, whichever is greater; plus one (1) space for each company vehicle (unless vehicle or vehicles are already accounted for in requirements. Office space in Industrial (I and I-2) zone areas: One (1) parking space per 300 square feet of floor area (gross), For Industrial zone areas only (I, I-2) and for industrial purposes only, if the owner cannot meet the required parking requirements, the Planning and Zoning Commission may recommend, and the City Council may approve a "parking plan" for required parking spaces according to the applicants plan which will propose to initially install only a portion of the required parking spaces, but could demonstrate that the full amount of required parking could be installed on the property as determined by the City. Other requirements include: (1) Applicant must submit a site plan which will show sufficient land available to reinstate all required parking if: use of the property changes, or if the City determines greater amount of parking is necessary. (2) Whenever industrial properties change ownership, the use and parking spaces provided may be reviewed by City Staff.to determine if adequate parking is being provided or if more spaces need to be installed from the amount set aside. (3) The applicants site plan must show that parking is provided for employees according to Section 9.116 (4)(x)(bb). (4) Applicant must submit plans for customer parking according to peak customer amounts. First reading: Second reading: Date of passage: July 24, 1995 Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ~ ' CITY COUNCIL LETTER Meeting of : July 24. 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO: 6 ASSESS I NG APPROVAL ITEM: RESOLUTION ORDERING AN IMPROVEMENT BY: JANE GLEASON ALLEY CONSTRUCTION PIR 921, PROJECT 9515 Attached is backup information and resolution ordering an improvement for alley construction from 37th Avenue N.E. to 38th Avenue N.E., West of Quincy Street. The proposal is to have the City construct the alley as shown on the attached sketch. City crews will do the work, with the exception of the concrete portion. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 95-33 , being a Resolution Ordering an Improvement for alley construction from 37th Avenue N.E. to 38th Avenue N.E., West of Quincy Street P.I.R. 921 - Project 9515. impcounc.ltr CUUNCIL ACIIUN: R E S 0 L U T ! 0 N NO. 95 -33 BEING A RESOLUTION ORDERING IMPROVEMENTS BE Il HEREBY RESOLVED by the City of Columbia Heights on the 26th day of June, 1995 ordered notice of a hearing to be given to property owners, and WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council Meeting on the 24th day of July, 1995, and WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. lhat the location and extent of such improvements is as follows: Alley construction, from 3/th Avenue N.E. to 38th Avenue N.E., West of Quincy Street. lhe proposed alley is 12 feet in width. Work would include new aggregate base, new bituminous alley surfacing, concrete curb and gutter with alley apron replacement, concrete sidewalk replacement, required concrete step replacement, resodding, and miscellaneous associated construction items. 2. lhat the materials to be used are as follows: Aggregate base, bituminous surfacing, concrete curb & gutter, concrete sidewalk and alley aprons, sod, and various related construction items. lhat a careful estimate of the cost of the improvements has been made by the City Manager and the several lots and parcels of land fronting upon and adjacent to such proposed improvements, which be deemed benefited thereby, were properly notified of said hearings, and lhat the City Manager shall also list the names and owners of the several parcels so improved as nearly as can be ascertained. lhat the City Manager shall proceed with the improvements, or portions of the improvements as stated herein. These improvements shall also be known as P.I.R. #921 - Project 9515. Passed this 24th day of July, 1995. Offered by: Seconded by: Roll Call: Secretary to the Council Joseph Sturdevant, Mayor o ~ 20-Jul-95 ' ESTI MATED ASSESSMENTCOSTS P.I.R. 921 - COLUMBIA HEIGHTS PROJECT 9515 ALLEY CONSTRUCTION 37T'H TO 38TH, WEST OF QUINCY ESTIMATED ASSESSMENT COSTS MATERIAL COST LABOR AN[::) EQUIPMENT COST C. H. ENGINEERING COST C. H. ADMINISTRATIVE COST TOTAL PROJECT COSTS CITY SHARE ASSESSABLE COSTS $2,892.00 $3,184.16 $1,686.05 $114.02 $7,8'76.23 ($4,984.23) $2,892.00 ALLEY ASSESSMENT RATE $2,892.00 240 FEET $12.05 /ASSESSABLE ALLEY FOOT 20-Jul-95 ESTI MATED MATERIAL COST P.I.R. 921 - COLUMBIA HEIGHTS PROJECT 9515 ALLEY CONSTRUCTION 37TH TO 38TH, WEST OF QUINCY NO. DESCRIPTION 1 Curb and gutter (installation only) 2 8" Concrete alley apron (installation only) 3 8" concrete sidewalk (installation only) 4 Concrete steps (installation only) 5 Common excavation (disposal only) 6 Aggregate base Class 5 (material only) 7 Bituminous alley (material only) 8 Black dirt (material only) 9 Sod (material only) QUANT. UNIT 29.0 L.F. 72.0 S.F. 64.O S.F. 2O.O S.F. 42.O C.Y. 35.0 C.Y. 28.0 Tons 6.0 C.Y. 112.5 S.Y. UNIT PRICE $15.00 $4.25 $4.25 $35.0O $o.oo $5.95 $26.50 $1o. oo $1.50 TOTAL $435.00 $306.00 $272.OO $700.00 $o.oo $208.25 $742.00 $6O.00 $168.75 TOTAL MATERIAL COST $2,892.00 20-Jul-95 ESTIMATED PUBLIC WORKS DIVISION COST P.I.R. 921 - COLUMBIA HEIGHTS PROJECT 9515 ALLEY CONSTRUCTION 37TH TO 38TH, WEST OF QUINCY DESCRIPTION ENGINEERING DEPARTMENT SURVEYING AND PLAN PREPARATION PREPARATION Ar, ID PROJECT HEARING CONSTRUCTION SURVEYING AND INSPECTION PREPARATION AND LEVY HEARING ENGINEERING DEPARTMENT LABOR AND FRINGE COST $319.52 $190.24 $314.08 $380.48 $1,686.05 STREET DEPARTMENT LABOR EQUIPMENT STREET DEPARTMENT LABOR AND FRINGE $2,064.16 $1,120.00 $3,184.16 TOTAL PUBLIC WORK DIVISION COST $4,870.21 CITY OF COLUMBIA HEIGHTS Meeting of: July 24, ~995 AGENDA SECTION: RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO.: 6 COMMUNI~ DEVELOPMENT, ,- c ~ APPROVAL ITEM: CDBG NEIGHBORHOOD REVITALIZATION BY: DONALD SCHNEIDER (4656 Monroe Street N.E.) ~, = DATE: JULY 12, 1995 Resolution 95-34 authorizes the purchase of the property at 4656 Monroe Street N.E. under the City Community Development Block Grant (CDBG) Neighborhood Revitalization Program. Attached are copies of the proposed purchase agreement signed by the owners James A. and Karen L. Fredrickson and a copy of a portion of the appraisal. This prope~y is proposed ~ be acqu~ed ~ $33,000 which is the mark~ v~ue esmb~shed by Wauon Appr~s~ and Consulting Service. Pending acquisition by the City, the house ~ ~mporarily occupied by the owne~' son. The City is agreeing to pu~hase the property based on the ownen' son signing a relocation w~ver. After the property is acqu~ed, the house will be clea~d and lot will be sold for redevelopment of a single family house. RECOMMENDED MOTION #1: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION #2: Move to adopt Resolution 95-34 ; Resolution Authorizing the Purchase of 4656 Monroe Street N.E. COUNCIL ACTION: \bt\council.for RESOLUTION 95 - 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4656 MONROE STREET N.E. WHEREAS, the City Council of the City of Columbia Heights (the "City) has an on-going Community Development Block Grant (CDBG) funded Neighborhood Revitalization Program; and WHEREAS, the City has found that there exists conditions of deteriora- tion, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such single family pursuant to the Purchase Agreement by and between the City of Columbia Heights and James A. and Karen L. Fredrickson (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City Council hereby approves the terms of the Purchase Agreement between the City and James A. and Karen L. Fredrickson and authorizes the Mayor and the City Manager to sign it on behalf of the City at a purchase price of $33,000 which is established as the fair market value based on the market value established by the formal appraisal of the property by Watson Appraisal. The City CoUncil hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreements. The City Council approves payment of the purchase cost from the City CDBG Program funds. PASSED THIS DAY OF , 1995. MOTION BY: SECONDED BY: ROLL CALL: AYES: NAYS: ATTEST: JoAnne Student City Council Secretary Joseph Sturdevant Its Mayor RES95 PURCHASE AGREEME~ RECEIVED OF the City. of Columbia Heights (hereinafter referred to as the "BUYER") the sum of One thousand ($1,000.00) DOLLARS Cash to be held in the trust account of · as earnest money and in part payment for the purchase of property, listed on the attache~ Exhibit A, situated in the City of Columbia Heights, County of Anoka, State of M~nneso~ all gar~n. Lc_~ C/1creiI/after referred to as the of wkich property James A. Predrickson & :'re~r~ ann "SELLER") have this day soki to the BUYER for the sum of Thirty three thousand dollars ($ 33,000.00 ), which shall be payable at closing. 1. Offer/Acceptance: legally described as: Lot Nine (9), (except West Seventy (70) Peet} Sheffield Acresr City of Columbi~ ~i~ht~. Anoka County, State of Minnesota, Subject ~Q road and utility easements over North Fifteen (15) Peet and East Fifteen (15) Peet. Buyer offers to purchase and SELLER agrees to sell real property (4656 Monroe Street N.E.)__ (Parcel 9 26-30-24-43-0097) 2. Allocation of Purchase Price. The purchase price for said properties shall be allocated as set forth in Exhibit A, attached hereto and incorporated herein by reference. 3. Closine. The closing shall be conducted at the offices of Land Title, Inc., 8 Pine Tree Drive, Arden Hills, 1ViN 55112. The closing shall be conducted within sixty, days of execution of this agreement 4. Taxes and Special Assessments. Real estate taxes due and payable in and for the year of closing shall be prorated between SELLER and BUYER on a calendar year 'basis to the actual date of closing, unless otherwise provided in this Agreement On Date of Closing, SELLER shall make full payment of all outstanding balances (including installments due in future years) for levied special assessments, including any- installments of special assessznents certi/ied for payment with the real estate tkxes due and payable in the year of closing. SELLER shall pay on Date of Closing all other special assessments levied as of the date of this agreement. SELLER shall provide for payment of special assessments pending as of the date of this agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (SELLER'S provision for payment shall be by payment into escrow of 1 1/2 times the estimated amount of the assessments). As of the date of this Agreement, SELLER represents that SELLER has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority,, the costs of which project may be assessed against the Property. If a special assessment becomes pending after the date of th.is Agreement and before the Date of Closing, BUYER may, at BUYER'S option: a. Assume payment of the pending special assessment without adjusunent to the purchase agreement price of 'the Property.; or, b. Require SELLER to pay the pending special assessment (or escrow for payment of same as provided above) and BUYER shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the es~mated amount of the assessment; or, c. Declare this Agreement null and void by notice to SELLER, and earnest money shall be refunded to BUYER. SELLER shall pay on Date of Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this sale. 5. Delivery of Deed. Subject to performance by the BUYER, SELLER agrees to execute and deliver a Warranty Deed at closing conveying marketable title to said premises, subject only to the following exceptions: a. Building and zoning laws, ordinances, State and Federal regulations; b. Restrictions relating to use or improvement of premises without effective forfeiture provisions; c. Reservation of any m~nerals or mineral rights to the State of Minnesota. d. UtiLity and drainage easements which do not interfere with present improvements; 6. Examination of Title. Within a reasonable time after acceptance of this Agreement SELLER shall furnish BUYER with an Abstract of Title or a Registered Property Abstract, at SELLER's sole expense, certified to date including proper searches covering bankruptcies and State and Federal judgments, Hens, and levied and pending special assessments. BUYER shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have BUYER's attorney examine the title and provide SELLER with written objections or, at BUYER's own expense, to make an application for a Tire Insurance Policy and notify SELLER of the application. BUYER shai1 have ten (10) business days after receipt of the Commitment for title In~u-ance to provide SELLER with a copy of the Commitment and written. objections. BUYER shall be deemed to have waived any title objections not made within the applicable ten (10) day period for above, except that this shall not operate as a waiver of SELLER's covenant to deliver a statutory Warranty Deed. 7. Title Corrections and Remedies. SELLER shall have 120 days from receipt of BUYER's written title objections to make title marketable. Upon receipt of BUYER's title objections, SELLER shall, within 10 business days, notify BUYER of SELLER's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by SELLER shall be reasonable, diligent, and prompt. Pending correct:ion of title, all payments required herein and the closing shall be postponed. SELLER shall be liable for any and all expenses related to the correction of rifle, including, but not by way of limitation, Page 2 costs in bringing an action in Proceeding Subsequent, court costs, attorneys fees, and recording fees. a. If notice is given and SELLER makes title marketable, then upon presentation to BUYER of documentation establishing that tide has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten business days or on the scheduled closing date, whichever is later. b. If notice is given and SELLER proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, earnest money shall be refunded to BUYER. c. If SELLER does not give notice of intent/on to make title marketable, or if notice is g/ven but the 120 day period expires without title being made marketable due to SELLER's failure to proceed in good faith, BLrYER may seek, as permitted by law, any one or more of the following: i. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (1) Seek damages, costs, and reasonable attorney's fees from SELLER as permitted by law (damages under this subparagraph (1) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (2) Undertake proceedings to correct the objection to title; ii. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to BUYER; permitted by la,w, cl. If title defaults in any of ~he i. ii. arises. Damages from SELLER including cost and reasonable attorney's fees, as Specific performance within six months after such right of action arises is marketable, or is made marketable as provided herein, and SELLER agreements herein, BUYER may, as permitted by law:. Seek daraages from SELLER including costs and reasonable attorney's fees; Seek specific performance within six months after suclh right of action IT IS ACKNOWLEDGED THAT TIME IS OF THE ESSENCE FiEREOF. 8. SELLER's Covenants. a. SELLER covenants that all buildings, if any, are entirely within the boundary, lines of the property, and agrees to remove all personal property, not included herein and all debris from the premises prior to possession date. b. SELLER covenants that all existing leases, whether om/ or written, have been disclosed to BLryER and that copies of all written leases have been provided to BUYER for BI. YYER's review. Page 3 c. SELLER covenants that all existing leases, whether they be oral or writ'ten, have been terminated or, if not terminated, will expire by their terms as of the date of execution of this Purchase Agreement. SELLER further covenants that as of the date of closing no persons, whether tenants or otherwise, will occupy the subject properties. d. SELLER agrees to refrain from encumbering the subject properties w/th leases of any length, either by way of new leases or the renewal or extension of ex/sting leases, from the date hereof until closing. e. SELLER agrees to refrain for collecting damage deposits covering the subject properties and further warrants that all damage deposits have been refunded to tenants. SELLER agrees to hold harmless and indemnify the BUYER from any claims for rl~mage deposits arising out of the subject properties. f. SELLER aclmowledges that the warranties and representations made herein by SELLER are a material inducement to BUYER's entering into this Purchase Agreement and that BUYER is entitled to rely upon these warranties and representations despite independent investigation undertaken by BUYEP~ Should SELLER have misrepresented any material fact, or actively failed to disclose a material fact disclosed under this Section 7, then SELLER agrees to pay any and all costs of relocation arising out of the sale of the subject properties. g. SELLER acknowledges that BLrYER and SELLER will be employing the services of a title insurance/closing company to facilitate the closing of this transaction. SELLER agrees to promptly furnish said closing company with all documents requested and further agrees that if said closing company should, by error, collect an amount of money insufficient to meet payoff obligations to existing creditors, then SELLER will refund, within five (5) days of receiving oral or written notice, whatever amount necessary to satisfy the outstanding obligations. 9. Possession. SELLER further agrees to deliver possession (by turning over all original keys to the subject properties) on date of closing provided that all conditions of this agreement have been complied with. 10. Fire Damage. In the event of any damage prior to closing to the subject properties and improvements thereon or the personal property due to fire or other casualty, SELLER shall promptly notify BUYER and BUYER may, within 10 days after notification, elect to terminate ~ Purchase Agreement, in which event BUYER's earnest money shall be returned forthwith, BUYER and SELLER shall be released fi'om any further liability hereunder and this Purchase Agreement shall be null and void. If BUYER does not elect to terminate this Purchase Agreement, this Purchase Agreement shall remain in full force and effect and at closing SELLER shall assign to BUYER all SELLER's right, title and interest in and to any i_nsmmace proceeds paid or payable for such damage, but the amount of assignment due from SELLER shall be limited to the purchase price as set forth herein. Page 4 I 1. "AS IS" Condition. BUYE~ through its agents and employees, has inspected the properties and BLry'EK is aware that the properzies are vacant and unoccupied, require repair and are subject to work orders issued by BLrYER. BUYER agrees to purchase the property in "AS IS" condition. 12. Sales Commissions. SELLER agrees to hold BUYER harmless from any claim for sales commissions ar/sing out of this transaction to the extent that such ctalrnq arise out of agreements claimed to have entered into with SELLER. 13. Acceptance. It is understood that BD-YER has until July 30, 1995to accept the terms and conditions of this purchase agreement. SELLER acknowledges that this Purchase Agreement can only be accepted by BUYER through proper action taken by the City Council for the City of Columbia Heights in strict accordance with the provisions of the Charter for said City, any relevant city ordinances, and any relevant statutes of the State of Minnesota. Therefore, this purchase agreement is e~'pressly cond~'oned upon and shall not become binding, and neither parry shall acquire any rights hereunder until such time as proper' approval has been obtained from the City. 14. Non-Waiver of Claims. This agreement shall not be construed as a waiver of claims (if any) that either parry, has or may have against the other. 15. Indemnification. Except as specifically provided otherwise in this Purchase Agreement, SELLER shall indemnify and hold BUYER harmless from and against any and all loss, cost, damages, injury or expense arising out of or in any way related to claims for injury to or death of persons, damage to property or contract liabilities associated with the ownership or operation of the property or the business conducted thereon, arising out of events or transactions before the date of closing. Except as specifically provided othera4se in this Purchase Agreement, BUYER shall indemnify and hold SELLER harmless from and against any and all loss, cost, damages, injury, or expenses arising out of or in any way related to ctairn.q for injury to or death or persons, damage to property, or contract liabilities associated with the ownership or operation of the- property or the business conducted thereon, ar/sing out or events or transactions after the date of closing. 16. Survival of Warranties. All covenants, representations and warranties herein made shall survive the closing hereunder, and the troth and accuracy of the same as of the closing date shall constitute conditions of the obligations of the party entitled to rely on the same, to close hereunder and to pay the purchase price herein provided for, any of which conditions, however, may be waived by the party, entitled to the benefit thereof, in whole or in part at such party's opt/om 17. Severabilitv. The invalidity or unenforceability of any provision in this Agreement shall not in any way affect the validity or enforceability, of any other provision and this Agreement Page 5 shall bc ¢onstn~d in all r~p~-~ as if such ~nvaEd or une=fo~eabl¢ provision had never be-.a in the A~en~ 18. Minnesota Law to Govan. This A~e~menl shall be ~~ ~d ~orced ~ 19. Relocation Benefits Waiver Addend~: The attached Addend~ to Purchase Agre~ent SELLE~ in regard to w~~reby inco~orated into this Agre~ent. (Se~) BUYER: CITY OF COLL59fBIA Iq]EIGHTS Dated: BY: Dasd: BY: Page 6 Parc¢t A: Parcel B: Parcel C: Parc¢t D: EXtrmIT A Parcel ~ 26-30-24-43-0097, 4656 Monroe .Street NE, Columbia H~ights, MN Page 7 ADDENDUM TO PURCHASE AGREEMENT THIS ADDENDUM is to the Purchase Agreement dated , by and between James A. Fredrickson and Karen L. Fredrickson, Seller, and the City of Columbia Heights, Minnesota, Buyer, for the purchase of property located in anoka County, Minnesota, and legally described in Exhibit A to the Purchase Agreement. A. The obligation of the Buyer to proceed with the purchase contemplated in this Purchase Agreement is conditioned upon the occurrence of the following event: Seller's son Edward J. Fredrickson shall enter into and provide Buyer with a waiver of any and all claims to reloca- tion benefits. Prior to the date of closing, Seller's son Edward J. Fredrickson shall meet with buyers relocation consultant for the purpose of executing said waiver. SELLER: BUYER: Kar~ L Fredrlckson By: CITY OF COLUMBIA HEIGHTS, MINNESOTA bt:Fredric Property Deacrtptton Le~sc~,m~or~ L~g%hv .(Pa~t of Lot 9 Sheffzeld..Acre~ . . ("'~2" Anoka Bo.owe, r'oJumbJa u¢-ich~tlt~A' "' Frederick~on " '~ "' X '-~"~' ~ , "':" ~ .............. NA Lender IChe~l · , Add~¢ss ' ~]colm r, ~*,=+~ A"I',,S'. 4230' Central Avenue N.E.. Co} . lira, Note: R~ce ~nd the r~cl~l core.oration ol the neighborhood a,e ~oI appra~s81 t4e~ghborhoodbD:~a,msa,~Jch,~,,I,~,',,%l .... 53rd Ave. dp Nqrt.)!,, Ceptral. Ave, on East. on The West and 37th .aVe..~U_Ah¢_3outh,3ypic. a]. old~.residppti&l__area, mhe tr*~ler pa~ea~-oE subjec%~s-~ell as~pa~tmen[s-tend Co-make-[he --.ohs. - Property -~l,)es ~r~-La~~a~e but very !ittle~c~n ~ the real estate market APDroxJF~ate total aumbe~ ¢ ul.ts ~n the %hh,o~t Describe common elements arid ~ec,eal~g.al IJLII hL ~ Dl~osions 82 , 85 x 134 . 05 ~ouo,4, mmv - RolO-lng S,tearea I 1,, 106 C~,,,,~,~tut ~,es ~N,~ ~,z,, LaEg~St~ndard SPecd~czon~class~llcai;c'~:l~Jdcs~'Ph'''' R-1 ~iDg]¢ Fatal. iv ...... ',",':"' ~sJ~bes~.seas,?,~,~-!i~J P,,,,,,,,~u,,,-, ~: ........... J'.", Pazc ~ Bu~18 nov'. .... Ilouaos- a Ap~. Elect.city ~1 i*m'"~ ASp~lt ~ ~ Ouve,,ay Sudac~ Saad~9~a.~ s,o,~,~e, ~ /~'".: .... U~ .... [3 _ [']_ILP''*'''''v''° 220E10:0005 Adverse ease~,nts.apparen~ oz .o~ecDrd .... .Legal description-shou] GENERAL DE SCRIPTiO~ No o! Units No ol Sloues Type (Del ,'Att 1 Design IStylel E x~stmg! Proposed Age (Yrs) ] 939 56 Ellective A~ IYrs ) 6 5 }/.H ---- LI. -.502 ,____ I .6}4 2__4_O Finished area above g{ade contains rJuums B,*C,-~o,n~s~ 1 fl 1 . _ - IINTERIOR Mele.als,Cond~bon ~EA~ING I~ ICHEN EQUIP ANtiC ' '" Walls Plaster2Avg r,,~l 9~ qa,q" O~,' ~ Sla,'s j~ors Hollow Core/Ago :~""' _ M,cu,~:~,e ~ ~a'e¢ ~ . ~ C~m .... _ Yetulltton ESTIMAIED SITE VALUE [stt~ v~tue S[~uare fOOl calCulat~n m~d fo~ HU~ VA n'x~ I.,, L', ~r. ESTIMATED RE PRODUCTION COST-NEW-OF IMPROVEMENTS Ge,'sge/Cerport Sq FI ,,. $ __ -- TOlal Estimated Cost New. . - $ Less 80% Physical Functional 38 Exlernm Deorociation qt r~ .- r~ 2 ~ I {] t 2 . 2 2 D~brec~ated Vatue bt Improvements - $._._~,.~ ~.2 Aa-la" Value of Site Imbrovement.~ . Tree s - INDICATED YALUE BY COST APPROACH ITEM I SUBJECT 4656 Monrot Address Rt NE, Proximity tO SubleC~ Sales Price Pace/Gross L,v Ares Data and/o~ Verification Source VALUE ADJUSTMENTS Sales o~ Financing Coflcoaalona Date of SaletT~me Location LesseholO/Fee Simple V~ew Design and kOoesl Ouality of Construct~on Age A~tlla] /et Condihon Above Grade Room Count Gross Living Area Basement & Finished Rooms Below Grade Functions) Utility Heafing/Coohng Energy Efflcm'nt Items Gflrage/Carl3ort Porch, Patio, Deck, F~replace(a), otc Fencii, Pool, otc Net Ad) (total) AOlueted Sales Pace of Con. arable Col. Hts. $ NA $ NA ~ inspection DESCRIPTION ~;.5., -. None None t~.rL_[S ef[ective age 6) !conomic life of ~0 = ,81 L~caLjm. n_lJ3_e.a~ tr~ile~__~.amp__and · $ 3~662 COMPARABLE NO 4131 Je~[erson St ~1, Hts. Col~__Ht~ Blocks SSW ~ 5 "short" Blks W ~44,900 ~ $45,000 M.L.S. M.L.S. COMPAFIABLE NO 2 COMPARABLE NO 3 27,000 Mtge +2,000 L0/~/94 ... '~ - m ...... 4n - 51 i = = 5160Zs~d ,, _~vg ~ - 5oo I1~ S~y/Av9 - 50~ Avg ~ = I - Aw __.~ ).Qj-I,500 ~_~_~.L~ -1,500 . 576/eZ8so F,.i ~640/920S~ F,[ Full Avg I )Partial ~ : -2,000[U~n i +500 4146 Monroe St Col, gt.s ~6~o_%~ .... ~.~l_.59 _GFA/_wind~t~ -8~0 3FA/wi.-n.4-o--w-i --300 .... GEA/-None .... ~ .... = .No ....... ~ = --~' ~-' i--- -=- .... ~ .............= None ........ i- = .._$g 1._Oe.t._. :_~2_,.000__ Sg.l--De-t ........ ,~_.--2, OOO , Remodeled New Roof ' -1 Remodeled , -2,000 :-2,000 & Furnace :1 ' New K---et, G-i in 1983 f ........... None-- : = __ No_~rl_e , : = .N_o_n_e ....... -. .... = , ~---w---L / i , .. T=l-:-k~.- :>.7_,..~00 .... [-1 ' [X~:te_,.o..Qo ........ ;~-' ! S 3 '7_.,.~.Q O. .... S36,000 ..l s33,00U Comdata ~ Sales Combat,son (mClu01ng m .... ,;,ct DmpPr!y S compahb,hly ID )he ,~e,ghborhood el:' ) 3,..--~a ~- .taken e~zess _land Valu~ atEO~/~q ft and fl.o_or a~ea at $15,00Z~q ft f~r adjustment. Conditioj3...~.nd location are also adjusted, Numerous..adjustments were necessar~__o~_.9!3 .... cnmparahle home sales ............. ITEM [ SUBJECT COMPARABLE NO 1 COMPAHABLE NO 2 -~M~t_~ Date, Price end Data Source, fo~ m~ sales N, A. N.A. N.A. N, A within y~ar of apl~aisal ~ - asted at the INDICATED VALUE BY SAKES COMPARISON APPROACH ................ , ........................... Oo~,~o~a,~a~ It is understQ_oD that a clear marketable clear of liens or e~br~nge$_, - .............. F,.a)~eco~,ha~,o~ I w~iV~.the__gr~at%L_~eigh~o the cost_a~Rr~ch ~~er i or Th~ purpose of this appraisal ~s to eshm31e the ma,kal caius of the real proDe'ly thai ~S the Sub)eCl C( th~s rpporl based on 1~ above co,' lqme~S nng t ~e co't'~'~ ~ "? ' a~ limiti~ c~it~ns, a~ mwke val~ dehnmhon Inet are 5181P,7 in the attac~d KredOe Mac Form 439 'Kanme I(WE) ES~MA~ ~E MARKET VALUE, AS DEFINED. OF THE REAL PROPERTY ~AT IS THE SUBJECT OF ~IS REPO~. AS OF J (~ICH IS T~TE OF INSPECTION ~ ~E EFFECTIVE DATE OF THIS REPORT) TO BE S, nature .... ~-~- ~.,.du,e Watson Appraisal and Consultant Service 4230 Cenlra[ Avenue N E., C~Iumbia Heights, MN 55421 Old,ce: (612) 788.2714 · Al~et Hours: (612) 571-1717 Site Plan N, // Subject Site IIUILOING pLANI AND IP~'C I FICATIONI~ ,,;;gF;OFIL .... [I?AILIIH[D M. J. BERSCHEID cr'rv LOT IURVEYING pLATTING II'ARM IURyI'y lNG /Z Location Map I __! I I I I I AUD, ,~ SUB I NO, 85 4'ZTH 'ql 11 1[-- /.7 Photograph Views 4656 Monroe St Front View Looking West South and East Front) View Looking Northwest CITY OF COLU~,~BIA HEIGHTS Meeting of: July 24, 1995 ! ! AGENDA SECTION: RESOLUTIONS ! ORIGINATING DEPT.: ~ CITY MANAGER NO.: 6 I COMMUN~.~ DEVELOPMENT" ~ - ! APPROVAL ITEM: CDBG NEIGHBORHOOD REVITALIZATION BY: IDER (4550-52 Fillmore Street N.E.)~ ~ DATE: JULY 18, 1995 Resolution 95- 35 authorizes the purchase of the property at 4550-52 Fillmore Street N.E. under the City Community Development Block Grant (CDBG) Neighborhood Revitalization Program. Attached are copies of the proposed purchase agreement signed by the owners LaJos J. and Edith L. Horvath and a copy of a portion of the appraisal. This property is proposed to be acquired for $63,000 which is the appraised value established by Watson appraisal and Consulting Service. The duplex is vacant and has been for over one year. After the property is acquired, the duplex will have the top half relocated out of Columbia Heights and the bottom portion will be cleared. Then the lot will be sold for redevelopment of a single family house. RECOMMENDED MOTION #1: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION #2: Move to adopt Resolution 95-35 ; Resolution Authorizing the Purchase of 4550-52 Fillmore Street N.E. COUNCIL ACTION: \bt\council.for RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTSv MINNESOTA ~UTHORIZING THE PURCHASE OF 4550-52 FILLMORE STREET N.E. WHEREAS, the City Council of the City of Columbia Heights (the "City) an on-going Community Development Block Grant (CDBG) funded Neighborhood ~..=vitalization Program; and WHEREAS, the City has found that there exists conditions of deteriora- tion, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such duplex residential pursuant to the Purchase Agreement by and between the City of Columbia Heights and LaJos J. and Edith L. Horvath (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: ~ The City Council hereby approves the terms of the Purchase Agreement (On 4550-52 Fillmore St. N.E.) between the City and LaJos J. and Edith L. Horvath and authorizes the Mayor and the City Manager to sign it on behalf of the City at a purchase price of $63,000 which is established as the fair market value based on the value established by the formal appraisal of the property by Watson Appraisal. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreements. The City Council approves payment of the purchase cost from the City CDBG Program funds. PASSED THIS DAY OF , 1995. MOTION BY: SECONDED BY: ROLL CALL: AYES: NAYS: ATTEST: JoAnne Student City Council Secretary Joseph Sturdevant Its Mayor RES95 ~d ~ p~ pa~t for ~: p~ of p~p~ ~V Sokl ~ ~ B~ for ~ ~ of sixty t~ee ~ousanddollars 63,000.00 ), w~C~ ~ 1. Offer/Acceotance: B~ offe~ to purchase and SELLER agrees to sell real proper:y leg~Ily dcscrdbcd as: South one half (S 1/2) of Lot Two (2) and all of Lot Three (3), Block Seven (7), Sheffield's Second Subdivision, Anoka County, Minnesota. (PIN ~ 25-30-24-33-0108) (4550-52 Fillmore Street N.E.) 2. Alloent~on of Purchase PHce. The purchase price for said properties shah be allocated as se: forth in Exhibit ,4., attached h~e~ and incorporated herein by reference. 3. Closing. The closing shall be conduc*xd az the off~ces of Land Tkle, Inc., 8 P~e Tree Dr~ve, A-den ~]]-~, l~Rq 55112. The closing shall be conduc:ecl with~ sLx'q/ days of e.x~.~':ion of th~ a~men~ 4. T~=~ and S,~ecinI A.~se.ssmeuts. l~a/estate ~ d~ ~d parle in ~d for ~e y~ of c!ofmg ~ be ~o~ed be~e~ S~LER ~d B~ on a c~ ye= b~ m ~e ac~ ~e of c!o~mg, ~e~ o~e pro~ded ~ ~ A~~ On Date of CIo~mg, SELLER ~ ~e ~ pa~t of ~ o~~g b~ces (~clu~g ~enm due ~ ~e ye~) for le"hed ~eciM ~s~m, ~clud~g ~~m of ~eciM ~semm~m c~ed for pa~t ~ ~e m~ ~ate ~es due ~d pa:ruble ~ ~e ye= of cto~g. SELLER ~ pay on D~ of Clo~g ~ o~ ~eM~ ~enm le~e~ ~ of ~e ~e of ~ ~eem~m SELL~ ~h.~ proMde for pa~ent of ~M ~es~m p~g ~ of ~e ~te of ~ ~e~t for ~ov~enm ~t ~ve been c~:d by ~e CiW Co.cfi or o~er gove~em~ ~s~g a~oH~es. (S~LLER'S pro~on for pa~en~ s~ 5e by pa]~t ~to es~ow of 1 1~ ~mes ~e e~ted ~o~t of ~e ~ of ~e date of ~s Ageemen~ SELLER ~res~m ~t SELLER ~ not m:eive~ a Nofic: of He~mg of a new public ~provement projec: ~om ~y gove~men~ ~sess~g aue. oHv, ~e corm of wMc:h project may be ~sessed ~ ~e Prope~/. If a ~ec{~ ~se:~nt becomes pen~g ~fter ~.~ ~te of ~s Age:m~nt mud before ~e Da~e of Clos~g, BLUR may, at BD~R'S opfon: ~s'~ paymem of uhe pendLng speci~ mse~smen~ pm-cboe age,meat pfic= of ~e Prope~/; or, b. ~ S ~ELLEK tn pay the pem~;,,g special assessment (or ezcrow for payment of same as provided above) and BLryE~ shall pay a comm~ in,-ease ha the purchase pr/c= of ~e P:op,my, which incrc~e ~h~il be the _~,~e ~s the ~ amount of the asse~.~neng or, c. Declare th;.~ Agreement null and void by notice tn SELLER. and earnest money shall be r~fimded tn BL~rE~ SELLER shall pay on Date of Closing any def~r~i real estate ~x~s or spec:mi as.~ssments Imymen; of which/s r~'uir~- as a result of the c!os/nt of this sa/e. 5. Dee. i've.'-, of Dee& Subject to performance by the BLrYER. SELLER agr. e~s to execute and de!iv= a War:ang~ De~d at closing conveying =kemble tide to said promises, subject only to the following exceptions: a. Build~ng and zoning laws, ordinance, Sine and Federal r~gulations; R~s~lcdons r~!ating to use or improvement of premises without effective forfeiture provisions; Ce Res~,-,'adon of any ~;n~:als or ~;r~eral ri.~hts tn the State of i~imuesota. Utiiiv and drainage easements which do not interi'~e with present improvements; 6. ~xamiua~ou of Title. Within a r~sonable time at~-r acceptance of ~ A~~t SEL~K ~ ~{~h B~R ~ ~ Ab~ of Tide or a ~c~d ~op~ Ab~ ~ S~ =.~ Yed~ jud~, Hem, ~ le~ ~d ~;~g ~ ~~m. B~R ~ ~ve t~.. (10) b~ ~ys ~ r~ip: of ~e Ab~ of Tide or ~~ed ~op~ Ab~t ei~ :c ~ve BL~'s a~mey ~e ~e fide ~d ~de SEL~R ~ ~u~ obje~o~ or,'a B~K's o~ ~e, ~ ~= ~ ~H~on for a ~de l-~ce Po~* ~d no~ Co~mi~t for ~fle ~,-~ce m pro,de S~LEK ~ a copy of ~e Commi~t ~d ~n. object. B~K ,~ be d~ ~ Mve ~v~ ~y rifle obj~om not ~e ~i~ ~e ~Ec~le ~ (10) ~y p~od for ~ve, exert ~t ~ ~ not op~e ~ a ~v~ of SEeR's covet m dcHV~ a ~U W~V D~ 7. Title Corrections and Remedies. SELLER. shall have 120 days from receipt of BUYER's wrirmn tide objec'dons tn make tide marketable. Upon receipt of BUYER's title objec:ions, SELLER shall, within 10 business days, notify BUYER of SELLER's intcndon to make tide mark.*mble within the 120 day period. Liens or encumbrances fcr liquidated amounts which can be re!e~ed by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by SELLER shall be reasonable, diligent, and prompt. Pending con'e:don of dfie, at! pa:,,menm require-"t hereLu and the closing shall be postponed. SELLEK shall be liable for a.r.y ~.d ail cxp¢.~s related to thc cor=e::icn of dale, k,.cluding, but not by w':y of limitation, Page 2 cos~ ~n b~.n~ in ac~on ~n Pro¢~g Suhsequcn~ co~ co~, ~cys f~, ~ nofic~ ~ ~ven ~d SELLE~ ~ rifle ~k~bl~, ~n ~on ~~on BLUR of dc~~on ~li~h{~g ~ fide ~ b~ ~e ~k~Ic, md k' not obj~ ~ b~ ~ys or on ~e sched~ed cto~mg ~e, whchev~ ~ 5. ~ notice ~ ~ven ~d SELLER proc~ ~ good f~ m ~ dale m~rk~mble but ~e 120 ~y p~od ~kes M~out fide berg ~e ~e~le, ~em money ~ be ~ded c. ~ SELLER dc ~ not ~ve notice of ~:enfion m ~= fide ~ke~le, or ~ node= ~ven bu~ ~c 120 ~y peMod e~kes ~o~ fide berg ~= ~k=~le due m SELLER's f~i~= ~ ~cc==d ~ good f~ B~R may s==~ ~ p~ued by law, =y one or more of foHo~g: i. Proc=ed to clos~g M~ou: ~ver or m~ger ~ ~e deed of ~c objecdom fide =d M~ou: ~ver of =y reme~es, ~d my: (1) Seek ~m~ges, co~, =d m~o~ole auomcy's fees ~om SELLER p~ued by hw (a~m~ges und~ ~ ~bpm~ph (1) ~ be l~m{red m '~c co~ of c~mg objecdo~ m fide, =d co~=quenfi~ ~ges == exc!ude~; or, (2) Undcr&k= proce=dlngs to co.cc: ~e obje~on m fide; H. Resc~ion of ~ ~c~= A~ment by notice ~ p:ro~dcd ~ch ~e ~e ~c~e A~c,,=men: s~ be n~ ~d void ~d ~ ~cm money p~d ~ be m~ded m B~ ~ D~ges ~om S~LEK ~c!~g co~ ~d ~o~le auomey's fees, p~u~ by h~ ~ fide ~ ~k:~mble, or ~ m~ ~k~le ~ prodded h~:~ ~d SELLE~ h Se:k ~ges ~cm SELLER ~c!u~g co~ ~d r~o~ble a~m~/'s f~s; ~es. ~ ~ A~O~G~ '~ ~ IS O~ ~ ~SS~N~ ~0~. SELLER's Covenants. a. SELLER cove:mm that ail buildings, if any, are entirely within the bounds.~7 lines of the prope~.~ and a.m:~s to remove all pe:monal prope.w7 not included h~ein and all debris from the prem/ses prior to possession date. b. SELLER cove. ~nants that all e.,dsdng leases, whet. her oral or 'written. have been disclosed to BL'~'ER. ~md that copies of all wriuen leases have been prov/ded to BL'~'ER :for BU-Y'--R's review. Page 3 & SELLER agr~s to refrain from encumbe:ing the subject proper'des with leases of any lenT. h, eider by way of new leases or the renewal or e~ension of e.;~g le~ses, from ~e ~ her:of until closing. e. SELLER agrees to re~'~;~ for collecting damage d~. osi~s pro~e~es ~d ~ ~m ~t ~ ~,~a~e d~o~ ~ve been re~ded m te~. SELLER a~ees m hold ~ess ~d ~de~;~ ~e B~K ~om ~y cl~ for ~age d~o~m ~g out of ~e mbject proposes. f. SELLER acknowledges that the warranties and representations made herein by SELLER are a mate.;.al inducemem to BUYER's entering into this Purch~e Agreement and tha~ _'~LrYER is entitled to rely upon these warranties and representations despite ind~mdent inves'dgadon und~en by BUYER. Should SELLER have misrepresented any mat~al fac:, or actively failed to disclose a material fac: disclosed under, th.is Sectibn, 7, th.-n SELLER mgrees to pay any and all costs ef relocation ar~mg out of the sale of the sa'eject proI:erdes. g. SELLER acknowledges that BI.FfER and SELLER will be employing the se.vices of a title insuranc~c!osing company to facilitate the closing of this transaction. SELLER agrees to promptly furnish said closing company with all documents reque~ed and further agr~s that ix' said closing company should, by e=or, collect an amount of money imuffi~ent to mee*, payoff obligations to existing creditors, then SELLETx will re.Mad, wit'.--'.'n five (5) days of rec-~,ving oral or writle.~ notice, wha:ev~ amount n~essary to safis~! the outsm~dh, g obligations. 9. ~osse.-siom. SELLER furth~ agrees to de!iv~ possession (by turning ov~ all orig;.nal k~/~ tn the ~cbject properties) on date of closing provided that all conditions of this agreement have been complied wkh. 10. Fir~ Damaee. In the event of any a~m~e prior to closing to the subject., prop .e-.Jes and im~rovem~.rs thereon or the persen~ prope.? due to ~ or other casualty., SELLER shall ~mpdy notify BUY'ER and BUYER may, wi~h;n 10 days after noti.ficadon, e!ec: to te.-mlnate th/s Purch,~.se Agreement, in wMch event BUYER's earnest money shall be returned forthwith, BL"f'ER md SELLER shall be released from any further I/ability hereunder and this Purchase A2reemem shall be null and void. If BL~-'ZR does not elect to term/hate this Purchase A~eement, this Pm'chase Agreement shall remakn in full force and effect and at clos'ing SELLER sh~lI ass[~ to BU-Y'ER all SELLER's right, title and interest in and to any insurxnce proceeds paid or payable for such damage, but the amount of assi_mnment due from SELLER shall be l[..-J~ed to ¢.e p "urchase price as set forth here5".. Pa_~e 4 !!. "AS IS" C.~t~dffio,. BUYER, throu_~h its ~n~ ~d ~ploy~ ~ ~~d ~ ~p~ ~ Bb~ ~ a~r~ ~ ~e prop~ ~ v~t md ~oc~i~ ~ ~ ~d ~ rabj~: ~ work ord~ ~d by B~ B~ ~ m p~e ~e ~ope~ ~ "~ IS~ c~c~ I2. Sales Commh~sions. SELLER a=._~e:s to hold BUYER harmless from any claim for sales ccmm:'s~orm ~f_~g ou: of ~hi: ~-,nsacdon to the ¢.'aent that such claims ar~¢ out of ag:. ~ments el'aimed m have encored into with SELLER !3. Aee.-~tane-_ It is und .~:r, oed that BUAflER. has ~ Au~. 4, 1995 tO accept ~e te~ ~d con~o~ of ~s p~c:~se ~e=men~ SELL~ acf~owledg~ ~at ~b Purch~e Ag~eg~nt c=n only be accgpted by B~ through proper a~3n ~zn by ~e CiE~ CouncH for t,% C~7 of Colu~ ~eigh~ ~ ~ accordance w~ the prov~io~ of &e Charier for sal ~ C~], any rglemnt c~f or~c~, and any ret~ant ~ut~ of the Sl~e of ~}~nn~ota. W;z ::efore, ~ puzeh~e a~eg~nt ~ ~r~!y cond~3ned upon and shMl not beco~ binding, and ne~gt p~ sh~l acq~e any ~gh= hergunder un~ such ~ ~ proper approval h~ bezn obtained from ~e C~. I4. Nou-WaN~ of Cla~im~. T~ ~m~t ~ net be 15. IndemnLfieation. Except az ~ecifically provided otherwise in SELLEX ~ ~d~ni~/~d hold B~K ~e~ ~m ~d ag~ ~y ~d ~ Io~, co~ ~e~ ~j~/or e~eme ~g o~ of or ~ ~y ~y ~ed m cl~ for ~j~/m or de~ cf pef:c~, ~e m progm~ or con~ H~fies ~sociated ~ ~e o~~p or ep~on ef ~e ~cp~j or ~ b~ess cond~xd ~er=c~ ~g o~ of ev~m or ~e cf c!oimg. Ex= opt ~ g;ec~c~y pro~ded o~e ~ ~ ~c~e A~m~ BU~K ~ ~de~y ~d hold SELLEK ~e~ from ~d ~{n~ ~y ~d ~ lo~, eo~ ~es, ~j~f or e~es ~m~g out of or ~ my ~y re!g~ m c~ for ~j~ ~ m preps, or con~ Hab~fies ~oc~ed ~ ~e o~~p or op~on of ~e. prop~y or ~e b~ess condu~ ~e:~ ~g out or ~m or ~fiom ~ ~e ~te of clo~g. 16. Surv~,M of'warran~es. All coveaanm, representations and warra=ties he:eM made shall ~c~rcive the closLag here=der, Md the truth a.ud acc'.u'acy of the same az of the closing date shall com--/mte conditions of the obligations of the party entitled to rely on the same, to close hereu=der a~d to pay the purchase prlce hereku provided for, any of which condidon~, however, may be waived by tee parr/entitled to the bet. cd: thereof, in whole or in pan at r,,ch opdon. 17. Severub,.'lir~'. 2-ne invalidity or unenforceabiiirf of any provision Ln this A~e-~ment s,hall not in tony way affec: the validity or e.~orceabiiiry of any other provision and u~s A~e-~rnent Page 5 ~ I:~ co~ in ail r~ezm as i~ sur. h invalid or unenforceable provision had :~v= bern in IS. ~,Enn~ota Law t~ Go~re_~.. ~ Agreement ~ be in~ and e:fforced in azzor~c~ with th~ La~ o£ th~ Sram of N~w~esota. BY: CITY OF COLUNfB~ ~O:-ITS Joseph Stuxdevant ITS: Mayor BY: Pamick H~tgcs ITS: Ciw Mana~;~ Page 6 P='~.! B: ?~,':d ¢: lhr:-'l D: Parcel ~ 25-30-24-33-0108 4550-52 Fillmore .Street N~, Coi~bia Heights, HN Page 7 P,o~,.rty').a¢,.,,o. UNIFORM RESIDENTIAL APPRAISAL REPORT ~:"'°. pr~er,y~ress 4550-52 Fillmore St.-N,E. owColumbia HeiqhtsS~ate MN Z,~¢0~ 5_5_ 4 2 i Le~O~,~t~ S~ of Lot 2 & Ail O~ Lot 3 Block 7 Sheffie2~_~l_~L~h__~ ...... assess~Pa,ceINo 25-30-24-33-0108 ' ~a.~ea, 1995 ~ ~a~e~S2~0-10~'~s~s~''~''~ .D.. - ~,~r City of ~l~a ~i~h~ cur,es, ~, ~jos J. ~ ~cu~ant ~o~' ~ ]ena.~ ~ ~'.,".. ~~c~ Sbe[tzeld' s Su~ivision ~Rele,e~e 4B-18 Ce.sue ;r~ct 514 Sam P~ce $ NA Date ol Sale NA Oe~c.~ a~ $ ~oJ~I ~ ~n c~,~,s'cc.~cess~,s lo w ~,~ %, ~e,., N A Lenoe,/O,en~ Patzick Henb:~es~ City lVlanagezao~,ess 590 40th Ave. NE~ Columbia Heights~ MN ~54~ 4230 Central Ave NE :o: His M~-~54~ Note: l"llcl Ind the rlclll COmlx)lltlo~ of the ne~h~ Ill ~ e~l~al flctorl. ~~r~sa~r~ter~t<s 45th Avenue on South, 47th Avenue on Northt Joh~so~ St. on the East and Central Avenue on the West. ~ area o~.t ~II dou~& Bad publicity and ~lice problems have created a negative impact on existinq duplexes in this area. Location is convenient to high school'2~.9~P__ ball fields, and an area park (Keyes at 4~th-4~h, '"~est to Johnson). on Central Avenue. ~ condition~ in the ~Jbfect ne~hb<xhood (including aUD~Orl to~ ~ ~ ~ ~1~ to ~ I~ of ~rly v~s. ~t~Y a~ market,~ h~ - . ~h I~ data on com~lih~ proDert,es for ~a~ in the neighborhood, descu~hon of t~rev~lence o~ eale~ ~d hn~ncmg concess,o~5 ,,to ~he ma~ke~ has been slow ~n [h~s a~ea aue [o de~e~ea mazn~enance on some propert%es and the bao~ublJcity. Properties d~not move very ~~i~ of ~ood low mortgage ~es. The entire bl~ ~%~6~n~ii~8~ ~-'~6'~ 46t~ to 47th, has been cleared of s~ilar duplexes and i~ redevelope]--i~to- single famil~ homes. ~ kllol~lltlofl fO, PUDI (If al3Ol~:~ble) - - m the O~r/budd~ m C~t,~ ~ ~ ~ ~' ~s~mt~ {HOA)? ~ Yea ~ NO ~xl~te t~l ~r ~ umts in t~ ~b~t ~ct NA ~oxi~te t~al ~ ~ u~s 1~ ~ in t~ ~ ~t ~A -~ ~ , To~.ra~hy Sloping O~ tO r~ 5~ 60 X 128.01 & 127.82 __ __ ~.~ = .... ~----~ s.e~. 7,67~ Sq. Ft. - ~Lol~Ye$ ~ S,ze ~=anoaro ~o% __ ~.~ .~w ~..if~a,~ a~ ~c,~,~R-2 General Re~ntia~ s~e ~~ ~lllt~l ~ ~r Off.lite I~,ov~entl 7y~ ~bl< ~,valeLa~a~ Averaq ~t~ ~ S~walk ~ ~ FEMA ~c~l F~ ~Z,r0 Area ~ Yes ~ No stem ...... ~ A~y ~ ~ ~ FEU*~ 270010 0005 B _ ~8 (I ~ ~me ease~nts e~roach~ts s~c~l assess~nls. 81~ areas, ileal ~ ~1 ~l~m)~ Z~W use etc ) NO adver se easements apparent or of record--see S~te Plan . ' Other GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION eASEMENT . n .. hNHi ~..S:LA~ION r--~ ~ --~t, ~ h:o,.,~a,,o. Concrete ~s,a~ IA,ea~ F, ~ ~-~,, __ ~ '~'.:'T: ..... ~ . IR--f~rf~e ~ S~l. [Sase~nt Pull ADt.~,',~ Plast~ ]wa,s ~ E~f~ti~ ~ (Yin) 2 5 ~nufactured ~se ~lntestahon ~ ~ R~Sn , F~r Liw~ ~n~ Kilc~nl [ ~n ~Famdy Rm Rec: ~ ~r~mS[~ [ ~Or~mS ~ e Bal~lll~u~ y I ~ [ 850 ~ii]Area ~ F ~;~' I ~ ' 1008 HE ATINO KITCHEN EOUIP Zy~e F. A. Relrq;erat~ [] Fuel Gas Rar~ge / Oven [~ c~et~ AV~ · Fan/~ ~ ~ M~r~ ATTIC None Sta,rs DroD Stair Scuttle FlOOr Healed AMENITIES oec~On Ga=age Pcxch ] Fence CAR STORAGE o,,, heo L_l/ s,,,-,o _ ~/Car~,o,, iS tn averaqe condztzo~ w~c~ SO~e.u~?~';'"~.~_ ,w~ ~nn--~n ~5 s65.000 .... deck. Note: Assessor's MarKet in 1996 $63.000. ----- ,mdmte~n**y ~ ~ ~b*c' ~ty ' ~Qne in i~ediate vicinity of subject .... Mac Form 70 6-93 12 CH PAG~ 10~ 2 ~I~93 Fo,'ns and W~'ms~ IRc. 315 W'mtnly Ave.. New Hlven. CT 0~51 t I (~00) 243-4.~15 I ~ e? ' ! L ' =. ' Vmlu~tlof~ Section Comments o~ Sa~s Compa,,son (mcl~d,,x~ the subFJcl D, ooer~y S com0ahb,hty to tlc ~,.~hbo,~o,.)d etc t Th~_~_e ~re other du~lexe s sold in the area, but I took only the split entry t~e ~tt~6'~'-~E"Sf slightly below ground level and the other above..I units with basements below each nor double bungalows. '~ als0 Sheffield area. *G~ is the sellin~ ~rice ~ monthly rent. Subject most like fl ~$5~ I ITEM SUBJECT ' ~OMPARADL~ ~O I Oate,~e a~DaIB ~t list~ ~ ~le wi~ ~ ~ ~le wi~ ~ ~ ~le wi~ ~ce,~.~ ~r ~ld ~ ~i~ 12 ~. ~r 12 ~. ~ior 12 ~n~. reement in ~ffe~ for sale of 5g~je~, It ~s known that the interested in acquiring duplexes in this area, INDICA~D VALUE eY SALES COMPARISON APPROACH ........................ $--~ ~ OP J~DICA~D VALUE BY INCOME APPROACH ~ll ~,ca~) Est,mated Ma,ke~{~a 1 $ 8 5 0/.~ x G,oss Rent Mult.a[,e~ 5 7.0 0. s 4 8,4 5 0 This a~at~ils ma~ ~ as is U ~b~ecl to t~ ,epa,,s aJle, at~ns ms.clans o. cm~,l~s hsteO be~ ~ ~b~cl to ~om~*~n g ~ gl~ns ~ s~',,.,~ ..... ~,~,~ The G~ is the average of data from sim~_le~ ~n Sheff~e~., It is ass~ed that the property is free of liens or enc~brances. r,~mec~,,~,mThe three appKg~hes result in great!3 ~i.f~ng v~.[gg~.I wQu~d giv( the qreatest weiqht to Market Approach to value ........ I (~) E~ ~ARKE? VALUE. AS DEFINED OF ~E REAL ~OPERTY ~A~ IS ~E SU~EC] O[ ~lS REPO~ AS OF ~ 1 y ~.~ _~ ~9 5 (~,c. ~s m~ OF ,NS.~ON AND ~ ErF~C~,~ ~*~ OF ~,S .E.O.~) TO S~ S 6 3. 0 0 0. O 0 _ APPRAISER'/~- ~ ~ ~ //~ SUPERVISORY APPRAISER {ONLY IF REOUIRED}. g,,, Re~t Sm~d Jul y 13, 1995 Date Repo ~ Stq~d F,eddm Mac Fo~m 70 B.g3 State O~ Slate Lmense · 12 CH PAGE ~ OF ? e~993 Fuml and Worms® }nc ~ 3% 5 Whitney Av~. New HI.I% CT 0~51 y ) (~00) 243.454 IESTIMATED SITE VALUE 7~46 @2.50 [round~ 18.-'~0 Comrnen,s o,~ ~,, A~,o,,c~ (s~ ~s ,~.,,c~ 0, c~.s, ESTI~TEDRE~ODUCTION COSLNEW-OF IMPROVEMENTS s~le val~ ~ua~ I~t ce~ulat,o~ and fo, HUD VA an~ Fm~&A ~,,~ 1008 ~FI~$ 61.00 -$ 61,486 estimated~ma,n,~ec~m~l,feott~O,o~ty) COSt Fin. 850 ~,$ 45.00 . 38t250 from ADpraiser ~alvsts Bldq. Cost ~age 'Roof . 1.000 as of ~anuarv 1, 1995, ~,~/ca,~576 ~F~e$ ll.0!- ~ ' Buildin~ h~s effective a~e of 25 IotalEsl~msted~siNew' . -~107t072 ~ars. Total economic life is abc ~m~37,475 ~ {21,414 . S 58,889 External due to lowered values ~ted~t~m~ .... . S 48t183 ~heffields Acres ~ 20%. INDICA~D VALUE BY COST APPROACH - S 67 ~ 083 I3EM ~ SU~EC~ COMPARABLE NO [ COMPARABLE NO 2 ~1 COMPARABLE N~ ~ 4550-52 Fill- 4539 Fillmore St. 4535 Taylor St. ~4526 Tyi~ ~; NE ~ress mor~ St. NE NE, Col. Hts. Colchis Heights Col~ia Heights ~,~e :s NA ~ ~ 64t900 ~ 53~000 ~ s 72~b0 Dam ~ Inspection M.L.S. M.L.S. M.L.S. I~ ~heffields ~heffields ~ - Sheffields: - Sheffields; I[,--~,F-~ ~ee Simple Fee Simple ~ = Fee Simple~ = Fee Is,,e ~tandard ~tandard ~ = Standard : = Standard ~ v )uplexes ~U~lexes : = Duplex~ : = bU31exes ~ __~_. ~l~y ~t,~,~ %v~raqe ~veraqe : = Average ,~ = I Average ~ Act/Eff 6/25 36/25 ~ = 35/30 ~ +4000 36/20 j -200~. -3000 - ' ~it~ Wer aqe/Fai ~Avera~e [ A~age~a~ Average - 3000 ~,o.u~wA,ea ~008/1858~ n 1056/195~, F,[ -1000 948/1678 s~ nj +1000 )60/1920 s~ ,,' = ~R~wS,~ lower unit lower unit~ [°wer unit [ ' lower unit' --- ~ - Average ~ ~ Fo~*~I Uti~.*y %veraq~ Averaqe %veraqe : ~ E~ E,~t I,.ms ~t~'ndard ~andard : ~tandard : - Standard ~ ~sa,~,car~rt Db~ ~t,(~) ~one ~ +3500 ~one [ +3500 Dbl ~t. ~h.P.t~.~ck~ : + 5~0 None : + 500 None ~+ 500 ~ R~.;. e,c Deck ~one ~ No ~ - Yenced xar~ ~ Fete, ~, etc NO qO ~ Iot~rab~e ' S 64,900 S 62,0~0 ... ~:_63,00~ Subject Site Location Map I 49TH AVENUE NE $£¢.~ l, (COUNTY STATE AID HIOHWA~ NO~) SC~~ ",~ ,, ~ -, ~ ~GY~ ,.,.: .i'..: ..... NUE : L ---NE : [Lot Sketch~ Egan,Fleld' Nowak · '~ SURVEYORS :'¥'"' ::', :". -~' :;~ 29 ,~,EST LAKE STREET . ~.~A~4 MINNEAPOLIS. MINNES.~IA J. '~.~" 'E.~~ "° .~.-.~;, -" CERTIFICATE OF SURVEY B.& M. INC. ~ ' 0 24' M ,~n'/'c'o/'' ...... ,. Ig ..... ,~._ ~ hereby Certify f~e~ f~is 15 a true en~ correct representation of a Survey of bovnoerles ef fha len~ e~ove eescrlbe~ ane o~ f~e location any, thereo~, end ell visible encroachments, If any, from Or on said land. Deled fhtS 9T- dev O~ ~nl~ , 1959. EGAN~ FIELD & NOWAK 5urvevor~ / . ~4 J]~o~. ~o,.14~-~¢ ] ~ '- I Photograph Views FRONT VIEW--4550-52 FILLMORE STREET N.E. REAR VIEW LOOKING EAST & UP FROM ALLEY CITY OF COLUNBIA REIGHTS Meeting of: July 24, 1995 AGENDA SECTION: RESOLUTIONS NO.: 6 ITEM: CDBG NEIGHBORHOOD REVITALIZATION (4549-51Tayl°r Street N'E') ~ 6I, , ORIGINATING DEPT.: ~(-.Aa/4~' BY: ~K~NAL~'~]~HNEIDER DATE: JULY 17, 1995 CITY MANAGER Resolution 95- 36 authorizes the purchase of the property at 4549-51 Taylor Street N.E. under the City Community Development Block Grant (CDBG) Neighborhood Revitalization Program. Attached are copies of the proposed purchase agreement signed by the owners Gordon L. and Joan R. Bixler and a copy of a portion of the appraisal. This property is proposed to be acquired at $63,900 which is the owners sales listing agreement amount which is less than the appraised value established by Watson Appraisal and Consulting Service. Pending acquisition by the City, the house is occupied by the owners. The City is agreeing to purchase the property based on the owner signing a relocation waiver. After the property is acquired, the house will be cleared and lot will be sold for redevelopment of a single family house. RECOMMENDED MOTION #1: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION #2: Move to adopt Resolution 95-36 ; Resolution Authorizing the Purchase of 4549-51 Taylor Street N.E. COUNCIL ACTION: \bt\council.for 36 RESOLUTION 95 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4549-51 TAYLOR STREET N.E. WHEREAS, the City Council of the City of Columbia Heights (the "City) has an on-going Community Development Block Grant (CDBG) funded Neighborhood Revitalization Program; and WHEREAS, the City has found that there exists conditions of deteriora- tion, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such duplex residential pursuant to the Purchase Agreement by and between the City of Columbia Heights and Gordon L. and Joan R. Bixler (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The City Council hereby approves the terms of the Purchase Agreement (On 4549-51 Taylor St. N.E.) between the City and Gordon L. and Joan R. Bixler and authorizes the Mayor and the City Manager to sign it on behalf of the City at a purchase price of $63,900 which is established as the fair market value based on the amount being the price for the property offered for sale through Centennial Real Estate and the value being less than value established by the formal appraisal of the property by Watson Appraisal. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreements. The City Council approves payment of the purchase cost from the City CDBG Program funds. PASSED THIS DAY OF , 1995. MOTION BY: SECONDED BY: ROLL CALL: AYES: NAYS: ATTEST: JoAnne Student City Council Secretary Joseph Sturdevant Its Mayor RES95 PUR~E AGREEME~ RECEIVED OF the City ,of Columbia Heights (hereinafter referred to as the "BUYER") the Slain of One thousand ($1,000.00) DOLLARS Cash to be held in the trust account of , as earnest money and. in part payment for the purchase of property listed on the attached Exhibit A, situated in the City of Columbia Heights, County of Anoka, State of M~nnesota, all of w~ch propen7 Gordon L. Bixler & Joan R. Bixler (hcrekux~cr referred m as the "SELLER") have th~s day sold to the BUYER for the ram of sixty three thousand nine hundred dollars--ES 63,900.00 ), which sh~l be payable at closing. 1. Offer/Acceptance: Buyer offe~ to purchase and SELLER agrees to sell real prope~7 legally described as: Lot Twenty Eight (28) and South one half (1/2) of Lot Twenty Nine (29), Block Seven (7) Sheffield, City of Columbia Heights, Anoka County, State of Minnesotar (4549-51 Taylor Street N.E.) (Parcel 9 25-30-24-33-0124) 2. Allocation of Purchase Price. The purchase price for said properties shall be allocated as set forth in Exhibit A, attached hereto and incorporated herein by reference. 3. Closine. The closing shall be conducted at the offices of Land Tide, Inc., $ Pine Tree Drive, Arden I-Iills, Ml~4 55112. The closing shall be conducted within sixty days of execution of this agreement. 4. Taxes and Special Assessments. Real estate taxes due and payable in and for the year of closing shall be prorated between SELLER and BUYER on a calendar year basis to the act~ml date of closing, unless otherwise provided in this Agreement. On Date of Closing, SELLER shall make full payment of all outstanding balances (including installments due in future years) for levied special assessments, including any installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. SELLER shall pay on Date of Closing all other special assessments levied as of the date of this agreement SELLER shall provide for payment of special assessments pending as of the date of t. his agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (SELLER'S provision for payment shall be by payment into escrow of 1 I/2 times the estimated amount of the assessments). As of the date of this Agreement, SELLER represents that SELLER has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority., the costs of which project may be assessed against the Propen?. If a special assessment becomes pending after the date of this Agreement and before the Date of Closing, BUYER may, at BUYER'S option: Assume payment of the pending special assessment without adjustment to the purchase agreement price of the Property; or, b. Require SELLER to pay the pending special assessment (or escrow for payment of' same as provided above) and BUYER shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the estimated amount of the assessment; or, c. Declare this Agreement null and void by notice to SELLER, and earnest money shall be refunded to BU'YEK. SELLER shall pay on Date of Closing any deferred real estate taxes or special assessments payment of which is required as a result of' the closing of this sale. 5. Delivery of Deed. Subject to performance by the BUYER, SELLER agrees to execute and deliver a Warranty Deed at closing conveying marketable title to said premises, subject only to the following exceptions: Building and zoning laws, ordinances, State and Federal regulations; Restrictions relating to use or improvement of premises without effective forfeiture provisions; Ce Reservation of any minerals or mineral rights to the State of Minnesota. Utility and drainage easements which do not interfere with present improvements; 6. Examination of Title. Within a reasonable time after acceptance of this Agreement SELLER shall furnish BLryER with an Abstract of Title or a Registered Property Abstract, at SELLER's sole expense, certified to date including proper searches covering bankruptcies and State and Federal jud?nents, liens, and levied and pending special assessments. BUYER shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have BUYER's attorney examine the title and provide SELLER with written objections or, at BUYER's own expense, to make an application for a Title In~xance Policy and notify SELLER of the application- BUYER shall have ten (10) business days after receipt of the Commitment for rifle ln~mn-ance to provide SELLER with a copy of the Commitment and written' objections. BUYER shall be deemed to have waived any title objections not made within the applicable ten (10) day period for above, except that this shall not operate as a waiver of SELLER's covenant to deliver a statutory Warranty Deed. 7. Title Corrections and Remedies. SELLER shall have 120 days from receipt of BUYER's written tide objections to make tide marketable. Upon receipt of BUYER's tide objections, SELLER shall, within 10 business days, notify BUYER of SELLER's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by SELLER shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. SELLER shall be liable for any and all expenses related to the correction of title, including, but not by way of limitation, Page 2 costs in bringing an action in Proceeding Subsequent, court costs, attorneys fees, and recording fees. a. If notice is given and SELLER makes title marketable, then upon presentation to BUYER of documentation establishing that title has been made marketable, and if not objected to in the same dine and manner as the original title objections, the closing shall take place within ten business days or on the scheduled closing date, whichever is later. b. If notice is given and SELLER proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, em-nest money shall be refunded ~o BUYE~ c. If SELLER does not give notice of intention to make tide marketable, or if notice is given but the 120 day period expires without title being made marketable due to SELLER's failure to proceed in good faith, BLFYER may seek, as permitted by law, any one or more of the following: i. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (1) Seek damages, costs, and reasonable attorney's fees from SELLER as permitted by law (damages under this subparagraph (I) shall be limked to the cost of curing objections to title, and consequential damages are excluded); or, (2) Undertake proceedings to correct the objection to tide; , ii. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refimded to BLrYER; iii. Damages; from SELLER including cost and reasonable attorney's fees, as permitted by lay4 iv. Specific performance within six months after such fight of action arises d. If tide is marketable, or is made marketable as provided herein, and SELLER defaults in any of the agreements herein, BUYER may, as permitted by law: i. Seek damages from SELLER including costs and reasonable attorney's fees; Seek spe, cific performance within six months after such right of action ii. IT IS ACIG~OW~,F~DGED THAT TIME IS OFT HE ESSENCE HEREOF. 8. SELLER's Covenants. a. SELLER covenants that all buildings, if any, are entirely within the boundary lines of the property, and agrees to remove all personal property not included herein and ail debris from the premises prior to possession date. b. SELLER covenants that all e,,dsting leases, whether oral or written, have been disclosed to BI_FTER and that copies of all written lotuses have been provided to BUYER for BLrYER's review. Page 3 c. SELLER covenants that all existing leases, whether they be oral or written, have been terminated or, if not terminated, will expire by their terms as of the date of execution of this Purchase Agreement. SELLER farther covenants that as of the date of closing no persons, whether tenants or otherwise, will occupy the subject properties. d. SELLER agrees to refrain from encumbering the subject properties with leases of any length, either by way of new leases or the renewal or extension of existing leases, from the date hereof until closing. e. SELLER agrees to refrain for collecting damage deposits covering the subject properties and further warrants that all d~,mage deposits have been refunded to tenants. SELLER agrees to hold harmless and indernt~fy the BUYER from any claims for damage deposits arising out of the subject properties. f. SELLER acknowledges that the warranties and representations made herein by SELLER are a material inducement to BUYER's entering into this Purchase Agreement and that BUYER is entitled to rely upon these warranties and representations despite independent investigation undertaken by BUYER. Should SELLER have misrepresented any material fact, or actively failed to disclose a material fact disclosed under this Section 7, then SELLER agrees to pay any and all costs of relocation arising out of the sale of the subject properties. g. SELLER acknowledges that BLPfER and SELLER will be employing the services of a title ims'urancegclosing company to facilitate the closing of this transaction. SELLER agrees to promptly furnish said closing company with all documents requested and Rmher agrees that if said closing company should, by error, collect an amount of money insufficient to meet payoff obligations to existing creditors, then SELLER will refund, within five (5) days of receiving oral or written notice, whatever amount necessary to satisfy the outsmndlng obligations. 9. Possession. SELLER further agrees to deliver possession (by turning over all origbaal' keys to the subject properties) on date of closing provided that all conditions of this agreement have been complied with. 10. Fire Damage. In the event of any a_~rnage prior to closing to the subject properties and improvements thereon or the personal property due to fire or other casualty, SELLER shall promptly notify BLPfEK and BUYER may, wi~l~,, 10 days after notification, elect to term~,~ate this Purchase Agreement, in which event BUYER's earnest money shall be returned forthwith, BLPfER and SELLER shall be released from any farther liability hereunder and this Purchase Agreement shall be null and void. If BLrYER does not elect to terminate this Purchase Agreement, this Purchase Agreement shall remain in full force and effect and at closing SELLER shall assign to BUYER all SELLER's right, title and interest in and to any ia~surance proceeds paid or payable for such damage, but the amount of assignment due from SELLER shall be limited to the purchase price as set forth herein. Page 4 11. "AS IS" Condition. BUYER, through its agents and employees, has inspected the properties and BUYER is awm'e that the properties axe vacant and unoccupied, require repair and axe subject to work orders issued by BUYER. BUYER agrees to purchase the property in "AS IS" condition. 12. Sales Commissions. SELLER agrees to hold BUYER harmless from any claim for sales commissions arising out of this transaction to the e,'ctent that such claims arise out of agreements claimed to have entered into with SELLER. 13. Acceptance. It is understood that BIJYER has until August 4, 1995to accept the terms and conditions of this purchase agreement. SELLER acknowledges that this Purchase Agreement can only be accepted by BUTER through proper action taken by the City Council for the City of Columbia Heights in strict accordance with the provisions of the Charter for said City, any relevant city ordinances, and any relevant statutes of the State of Minnesota. Therefore, this purchase agreement is expressly conditioned upon and shall not become binding, and neither party shall acquire any rights hereunder until such time as proper approval has been obtained from the City. 14. Non-Waiver of Claims. This agreement shall not be construed as a waiver of claims (if any) that either parry has or may have against the other. 15. Indemnification. Except as specifically provided otherwise in this Purchase Agreement, SELLER shall indemnify, and hold BLrYER harmless from and against any and all loss, cost, damages, injury or expense m/sing out of or in any way related to claims for injury to or death of persons, damage to property or contract liabilities associated with the ownership or operation of the property or the business conducted thereon, ax/sing out of events or transactions before the date of closing. Except as specifically provided otherwise in this Purchase Agreement, BUYER shall indemnify and hold SELLER harmless from and against any and ali loss, cost, damages, injury or expenses arising out of or in any way related to claims for injury to or death or persons, damage to property., or contract liabilities associated with the ownership or operation of the' property, or the business conducted thereon, arising out or events or transactions after the date of closing. 16. Survival of Warranties. All covenants, representations and warranties herein made shall survive the closing hereunder, and the truth and accuracy of the same as of the closing date shall constitute conditions of the obligations of the party, entitled to rely on the same, to close hereunder and to pay the purchase price herein provided for, any of which conditions, however, may be waived by the parry, entitled to the benefit thereof, in whole or in part at such party's option. 17. Severabilitv. The invalidity, or unenforceability of any provision in this Agreement shall not in any way affect the validity, or enforceabili~' of any other provision and this Agreement Page 5 shall bt co~tnm~ in ~I1 r~-Tects ~ if su~ invalid or unenfor~:esbl¢ provision had never ~ in lB. accordauce wi~ the Law~ of the Sm~e of MinnesoU~ 19. ~elocation Benefits ~aiver ~ddend~: the attached ~~ in regard to waiv~ of relocation benefits Agreement. ~: ~/~/~ ~ ~., / . ~//~ / ~4~nne~om Law to Govern. Th;~ Agreement shall be int.rpr~d and .afomed in Addendum to Purchase Agreement hereby incorporated into this BUYB~ Dated: BY: C/TY OF COLUMBIA HEIGHTS Jostzph Sturdcvant ITS: Mayor Dated: BY: Patrick Hentges ITS: Ciw Manager Page 6 / Parcel A: Parc~l B: P~'ccl C: Parc~l D: EXt:m:IIT A Parcel # 25-30-24-33-0124 4549-51 Taylor .Street NE, Columbia ~ights, MN Page 7 ADDENDUM TO PURCHASE ~GREEMENT THIS ADDENDUM is to the Purchase Agreement dated , by and between Gordon L. Bixler and Joan R. Boxler, Seller, and the City of Columbia Heights, Minnesota, Buyer, for the purchase of property located in Anoka County, Minnesota, and legally described in Exhibit A to the Purchase Agreement. A. The obligation of the Buyer to proceed with the purchase contemplated in this Purchase Agreement is conditioned upon the occurrence of the following event: Seller's shall enter into and provide Buyer with a waiver of ~ any and all claims to relocation benefits. Prior to the date of closing, Seller shall meet with buyers relocation consul- tant for the purpose of executing said waiver. SELLER: BUYER: oG~-~don L. Bix~er / J~n R. Bixl~ / By: By: CITY OF COLUMBIA HEIGHTS, MINNESOTA Joseph Sturdevant Its: Mayor Its: City Manaqer bt:Bixler 4~-E5 '95 14:17 CE!tTENHIALREALESTATE 612 7884289 P.2 DUPLEX - PROPERTY TYPE 3 DU <<~ L-~ 63,900 S-$ BRI: 1 BR2. 2 'I31: I TB2:1 STY: UP/DUN TRM: FHA.VA,CON ~T : 12 , OHD: Fill: ACTV >>> 4549 TAYLOR ST. ~E TAX $ 999/95/P NUN COLUI~BIA HEIGH* ZIP S5402 TWA $ 999 AR 770 SUB 1 DI¥ 1 C0U ANOK ASI~ $ ASP N LOT $0 X 125 ACR .00 HS FOR 1995/P DIR SO OF 69¢ ON ltgY 65T0 45TH AVE. £ TO TAYLOR, ~0 TO NOME... H~I; FURNARCE IN JUNE OF 94.. O~N~ ~CUPPI~ FOR 30 Y~, ~D L~ATION. LGL SH~FI~S ~OND ~UB. ~ OF LOT 2B & ~ ~/2 OF LOT Z9 30 g~ 30 IN- ~0 ~- ~ll- RP- EXP: FU- 50 UNIT ~1 / $2 LR1 X OOC T5 / KT1 X EXT STU ~R ~50/ ~00 iBi X SF 800~ 800 GA 2 /2 X SE~ CON~ AR R /N LR2 X BFS 800 H5 FA /FA ET2 X IFrF 1,600 FU GAS ,'GAS 1~2 X UT TF-N ~,"Tk-'N' 2B2 X AGE FP ~ / X PID 253024330124 ]iiP 4B-51 YBL 2222-N · 111~978 TR]~ FHA.VA.CON NTG 12.000 IRT .O00Z EXF CON OD 0 ASN N PIN $ MC2 NA2 13 SDP $74-650S Sa 3.1S NA D PHN 612-780-8740 APT 780-8740 5DI~ gHY USA Ck-NTF2INtAL RE/d, * 1120 BC 3.15 SCOTT KJESETH 780-8740 ER INFO. DFF~WD RELIABLE BUT NOT GUARANTEED Property Deecrlptlon UNIFORM RESIDENTIAL APPRAISAL REPORT FIle No. IPropertyAddress 4549 Taylor St. NE C,ty Columbia Helqhts Slate tin Z,pCode 55k2-1---- LegalDescript~on Lot 28 & 5½ Lot 29~ Blk 7~ Shefflelds 2nd 5ubd. countyAnoka Assesaof'sParcelNo 25 30 24 73 012h Ta~Year I~)~)/i RE Taxes$ 210~_7lI 5becalAssessrnents$ ~ Borrower City of Columbia Hel~.~,tsCurrentOwner G.L. & J.R Blxler Occupant -r--JOwner r~Tenanl ~ Vacanl Property rights aPl~a,sed ~ Fee S,mpJe I I Leasehold Project Type [-~-] ' PUD J~ Condo ....... (HUg/VA only) H©A$ J~A M~ Neighborhood or Prolect Name Sheffleld~s Subdivision Map Reference 4B-18 Census Tract ~14 Sale Price $ NA Date of Sale NA Descr~glen and $ amoun101 loan charges/conscess~ons I0 be 1~0 Dy sel~e~ NA Lender/Client Pat Hentcjes~ City Hanager Address 590 40th Avenue NE, Columbia Heicjhts~ HN 55421 Appra,ser Malcolm 0. Watson Address h230 Central Ave NE Columbia Heiqt ts~ PIN 55421 LOCalK)n [] Urban [] ~uburban [] Rural Predominant Single family hous;ng Preaent lend uae ~ Lan"d usa change PFIIC E, AGE. B~Jiltup []Over75% [] 25-75% E~]Under 25% occupancy SI0001 lyre) Onelamlty 25 [---] NOt llkely r)~LIkely Growthrate J'~Rapld [] Stable []Stow [I'JOwner ~ Low 25 2-4 family ~ J'~lnprocess ~o~,yva~s I--l'r~,eas,ng [] Sta~ []~c,,,,,,~ []~en,,~, 75 H,¢ _40 u,,,,,.tam,,y lO ~o Demand/supply [] Shortage [] In balance [] Ove~ supply [] Vacant (05'~1 P, edo ....... I Co ........ a~ I 0 Res I den t Market,nc time j--J Under 3 mos J--J 3-6 mos j~r] Ov~r 6 m~s [--] Vacam ~0ve, 5%1 ' 6'~ -- 30 Note: Race end the racial composition of the neighborhood are not appraisal factors. Ne~hbodxx)d boundaries and characteristics h~th Ave. on South, 47th Ave. on the North~ Johnson St. on the East and Central Ave on the West. An area of post ~11 doubles~ aptsf and slnc, lle tam. resld. Factc~s that affect the marketabll*ty of the properties in the heighborhood {proximity o employment and amenities, employment stab~hty, appeal to market e~c ~ )roblem5 have created a negative impact on exist ng duptexes tn this area. Location Is convenient to hlgh school, ~Irade school, ball fields, and an area Market co~d~t~ns in the ~blect ~ighbomood (i~I~ suppod for t~ abo~ conclu~o~ re,ted to the Im~ of ~operty val~s. ~ma~/supply. a~ markeh~ t~ - - ~as da~ on competmve pro~erPes for Sal~ ,n the ne,~borhoodpe[cr,pt,on Ot Iht prevalence ol sales and hnanc,ng cof~cess,ons otc, market has been slow in this area due to deterred maintenance on some properties and the bad publicity. Properties do not move very fast in s~J~-'o~r--~o-~-T-~ mortgage rates. The entire block between Fillmore and Pierce beth to qTth has been clea~d of similar duplexes and is being redeveloped into single family homes, uuplex on the north is in process of being removed. Project Info, meteor1 for PUDI (If applicable) - - Is the dev~loper/buCder in c~lr~ of the H~ ~rs' ~soc~t~ (HOA)? Yes ~ No ~Oxl~te Iotal numar ol units in I~ 5ublecl prolecl NA Ap~oxlmale lulal number dj Ullll~ Jot 5a~ lil I~ 5~,L~gl plop~ct D,me~ 60' x 12~r S,teama 7,500 sq ft C, ornerLot ['--]Yes Specdiczo~ingclaasihcatlonandpescrlptlonR-2 General Residential ~i~ c~e ~ Legal ~ L~al n0~0nl0rm,ng H~heat & best ~e ~ ,reproved [---] Present use r-"J other use {explain) utilities Publlo Other ~Off-slte Improvementl Type Public Private Electricity [] t Sires, ~ [] c~a [] Cu,P~gu,,er [] [] Water [] S~e~al~ [] [] S.n,,..y.~.r [] IS'realiSts ~ ~ lopography Sloping up to rear ~andard lot Shape Rectangular Positive to 5t/Alley [~a~nage Slmllar duplexes/h~.; View Average Landscaping L~lvuway Surface Asphalt Apparent easements No FEMA S~ec~al Floo~,_H~ard Area (~YeJ.~_~aNo~ FEMA Zone C Ma_~ ,_ FEMA Map No. Comments (apparent adverse easements, encroachments 5pe~al assessrn~n s. slide a/es8 illegal Qr lec~ll nonconlormlng zoning use otc ) NO adverse easements apparent or or record--see'~Site Plan'-. GENERAL DE SCRIPTION EXTERIOR DE SCRIPTION FOUNDATION J BASE MENT INSULATION No of Un,ts 2 Founder,on Conc. blk. S~a0 Area Sci FI 1008 Root [] No ot stogies 2 Exterior Wails Stucco Crawl Space % Fro,shed ~50 Ce,hng [] IRoof Surface Asph. 5h J nc Basement JTypelDet/Att) Oetachet . Full Apt. Ceil,nc Plaster wal~s [] ~eign (Style) Pup I ex Gutters & Dwnspts G I Sump Pump Walls P J a s t e r Floor [] Ex~sting/Progosed Ex J s t Window Type Db 1 Hung Dampness F~oor Ti 1 e/cpt None Age (Yrs) ~ Slorm/Screens Comb ina t i or SetBement Outs,de Entry Yes Unknown __ Effective Age IYrs ) 2 5 Manufactured House InfestalJon IROOMS Foyer Lwing Dining Kitchen Den FamW Rm Rec Rm Bedrooms # Baths Laundry Other Area Ba~m~n, I 1 2 1 1 850 f In. Level 1 1 1 ] I 1008 ILevel 2 Fro,shed area above grade conta,ns cj Rooms I~ Bedroom{si 2 Bath(s) 1008/1 ~5~ Square Feel of Gross L,vmg Art I INTERIOR Mater,als/Cond~hon HEATING Ktl~CHEN EQUlP ATTIC AMENiTIES CAR STORAGE ~JF~oor~ Cpi: & Oak/good Type FA ~elr,gerator ~iNone [] F'rePiucelSJ'x..~,~ J~ N°ne [] ~ls Plaster/average F~I Gas Ra~e/Oven Stairs ~ Paho 12 Gara~ 2 · of cars Trim/Finch W~d/varnl sh ~,tm ~sal ~ ~op Sta,r ~ ~ck ~ Altac~O Bath F~ Osram I c T i 1 e C~LING ~hwas~ ~ ~ultle~ Porch lBath~,~otCeramic TI le ~ntra~ X Fan/Hood ~ R~r ~ F ..... j~rs Hollow Core O~r M,crowave ~ Heated ~ Pool __ ~,Carport Co~ihon Was~r ~ ~er ~ F~n~sheO ~ Drivewa~ 1Additional features (spec,al energy eflic,ent dems otc ) S t ~ q da rd !we ,7/94) K i t n 1 owe f Coodit~o~r, of theln~pfovelm~nt$, depreclahon physical luncbonal and externaiL repairs needed, quality of c. onstruchon femode~g'aOditlons elc¢ Duplex is in average condition, with some deferred maintenance, uarage rOOT sags (poor condition). Note: Assessor's Mkt Value in 19~4 was 70,900--in 1995/64,000-- in 1996/62,000. ~mmed~ate vicinity dj the sub~ect property ValuatlonS®ction UNIFORM RESIDENTIAL APPRAISAL REPORT ESIIMATEDSiTE VALUE 7546 ~2.50 (rounded) = $ 18,900 ESTIMATED REPRODUCTION COST-NEW-OF IMPROVEMENTS [,'wemng 1008 SqFt~$ 61.00 ..$ 61,486 Fin 850 sqFt~$ 45.00 .. 38,250 Ga,age/Carport 480 Sq FI a: $ 12.00 5,760 Total Est,mated Cost New ~ $~. 05,496 Less 35% Physical Func~onal 2.00/o Comments on Cost Approach lsuch as, source o! cost eshmate site value, square foot caloulahor:, aad tot HUD. VA and FmHA. the estimated remaining economic hie of the property) Cost data from Appraiser Analysts Bldg. Costs as of January ], 1995. Bldg. has effective age of 25 yrs. Total Economic life is about 70 yrs. 25 + 70 = .357 (35%) External due to lowered values in Sheffiel, Deprecmted Value of Im4:xovementa , $, 47,473 *As-is" Value of S~te Improvements ( above ) . $ 0 INDICATED VALUE BY COST APPROACH = $ 66,373 ITEM J SUBJECT 4549 Taylor St Address CO1. Hts. Proximity to Subject ~,.~-{ ' ~'~,' ' ' .' Sales Price $ N~' ' ~' ' ' Phce/GrossLiv Area J$ NA Data and/or j Inspection Veohcat~on So~rce I VALUE ADJUSTMENTS J DESCRIPTION Sa~es or Financing Concessions Date o! Sale/Time Location L easehold/Fee Simple 5ile Des*gr~ a~d A~peal Ouahty o( Co(mlmcho~ Age act/el f Condmcxq Above Grade Room Count Gross Living Area Basement & Fimshed Rooms Below Grade ;u,qct~ona{ Utihty Heating"C, ooling Energy EfDc~ent Items Sheffields Fee simple Standard Duplexes Dupl/fair Average 36/25 i COM~RABLENO 1 i 4539 Fi[I~--fe St. NE I Col. Hts. I blOCk SW L. $ 64,900 j$ 33.]8 ~ ' NLS DESCRIPTION j · l-I $ kO~SLmen' $1000 bonusJ = to sell, Ag~ 5-28-93 ! = Sheffields : = Fee simple ~ = Standard i = Duplexes DuPl/fair Average 36/25 Average ~al ~ Bu,m~ ~ Sams 9, 5,2 1008/185~F1 Incl. in lower unit Average GFA/no Standard )bi det. COMPARABLE NO 2 COMPARABLE NO 3 4535 Taylor St. NE 4526 Tyler Sir-ECL'NE- CO1. Hts. Col. Hts. 1% blocks 5-W : 4 D1OCXS west MLS I Average , = 9:5 ~ 2 ~ 1056/195~ Ft -1000 Included in t = lower uni~ Average ) = GFA/no t = Standard ~ = No ~ +25(Y0 None ! = DE SCRIPT)ON New Finan. 1-15-94 i = Sheffields ~ = Fee simple : = Standard i = Duplexes i = Dupl/fair ~ = Average ! = 35/30 +4000 Average/Iai rl ~5000 948/16785~ FI J +lO00 Included in [ ~ lower unit~ Average ) = GFA/no , = Standard t = Garage ;Carport NO Porch, Patio. Deck, None None Fimplace(s)~ elc Fence. P(X>). etc NO = %JO 47.11 +2500-- No ,. 56.68 ® ,. t-1:}, 5oo 66,400 *GH~ Net Adj (Iota{) Adjusted Sates Puce Of Comparable 12,5OO 65,500 HLS DESCRIPTION - ~-j $ Aaiuslm~,,,I New Finan. = 5-13-94 Sheffields Fee simple ~tand~kd :Duplexes i l D Upi/avg. i-5000-- iAverage 36/20 ~-2'00'0 Average , '9-60/192 S~ ~II Inbluded in ! lower unit' Average GFA/no j Standard ~ "DS1 det. i None I ~enced Y~rd l:lOOO- ~5720 ~ ~64,500 There are other duplexes sold in the area, but took only the split entry type WIth"bne un] a[ or stJght)y below-~-Cund lEE'el and the other ab-6~e; I did not consider side by side units with basements belog each nor douSie bungalows, I also stayed gl(bib the Sheffield Area. *CHH is the selling price ; monthly rent. Subject most l~ke #1Ca~6.b8 ITEM SU~ECT COM~RABLENO t COM~RABLENO 2 COMPARABLENO 3 Date,~ea~Data Not listed No sale within the --No sale within the No sale within {~ So~me, l~s nor sold in prior 12 months, prior 12 months, prior 12 months. ~thi5 ~ar o! app.'a,~[ pa s t 12 mo. Anaiys~_s ~ aW ~rmnt ~reemeot ot ~ ~t~, ~ )~sh~ O( I~ ~b~Cl F~rl~ 3~ ana{~§ OI a~ ~jples,ot ~biecl and cp~pa~bIv~ w~th~o~yea[ ct I~ date ol No current agreement ~n effect for sa~e or suD3ect, zt zsKnown tnat tne uzty ~s interested in acqulrlng duplexes in this area. 55,-500 .... INDICATED VALUE BY SALES COMPARISON APPROACH ........................ $ __ _ . INDICATED VALUE BY INCOME APPROACH ~1 Ac, uhc~,b~e) Est,maled ;MaO,~) F~nj ~ 1097 'M9 x C;r?~. Rent MclD;~,~, 57. O0 ~ ~ 62,529 ~,t~ol~a~[ ~e ~ is the average of data fr~ slm~lar sales zn ~nerflela. lc is . ass~d that the pro~rty is free of liens or en~fah~S. -- Fma!Reconcfl,am>~ All three approaches result ~n a someWhat gimil~r Value. I wdEId give the greatest weight to Market Approach to value. ~~WE~EST~MATE~HEMAR~ETVALUE~A~DEF~NED~FTHEREALP~~PERTYTHAl~~THESUBJECT~FTH~~REP~~~AS~F June 15, 1995 WHICH IS THE INSPECTION AND THE EFFECTIVE DATE OF THIS REPORT) TO BE $ 65 t 500 SUPERVISORY APPRAISER JONLY IF REQUIRED). S~,,at.,e ~ D,O .L-] r~,.. ,t N,~mQ Malcolm O. Watson Name Inspect P, upbrh O~te Reporl S~lned ~]LL~ 5, 1995 D3~e Re.o,~q 5~,q!)fc~ 0~ State t)cense ,* S~ate O~ Slate bcense · Sla~e ___ Watson Appraisal and Consultant Service 4230 Central Avenue N E,, Columbia Heights, MN 55421 Olfice: (612) 788.2714. After Hours: (612) 571.1717 Site Plan Location Map I .[ . 49TH AVENUE NE , JCOUNTY STATE AtD HIGHWAY NO~4) $¢fl0Ob /' 5C¢~ ' H~OH ;.;.:: ...... ,.. ,, C Photograph Views \ FRONT VIEW LOOKING EAST-~54~ TAYLOR ST, FRONT DOOR AND NEW CONCRETE & SIDEWALK REPL, Photograph Views REAR V~EW LOOKIN6 WE51-4549 TAYLOR REAR YARD LOOKING fie TOWARD GARAGE CITY COUNCIL L~TTZ]~ Meeting of: July 24, 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6 CITY MANAGER' S APPROVAL NO: f DATE: July 11, 1995 The current labor agreement between the City and the International Association of Firefighters, representing Firefighters terminated on December 31, 1994. Negotiations between the City negotiating team and IAFF have resulted in a mutually acceptable labor agreement for calendar years 1995 and 1996. The proposed changes are as follows: Wa~es: 1995: 1996: 2.75% adjustment over 1994 wages 2.75% adjustment over 1995 wages Insurance: 1995: $285 per month (1994 = $270 per month) 1996: $300 per month Vacation: Change in monthly vacation accrual during 16-19 years. From: 16-19 years 40 Hour Work Schedule 160 hours per year 56 Hour Work Schedule 224 hours per year To: 16 years 17 years 18 years 19 years 168 hours per year 176 hours per year 184 hours per year 192 hours per year 235.2 hours per year 246.4 hours per year 257.6 hours per year 268.8 hours per year The vacation accrual schedule is consistent with the current vacation schedule of AFSCME and IUOE bargaining units. Sick Leave Change in definition of immediate family to include spouse's mother and spouse's father (consistent with personnel policy and other contracts). Severance Pay Change in severance pay being paid upon retirement or death to being paid upon termination of service in good standing or upon death (consistent with personnel policy and all other contracts). Funeral Leave Change in language due to change in definition of immediate family. referred to as immediate family and clarifies the leave. Lists persons previously Deferred Compensation Employer shall pay on a dollar-for-dollar matching basis; $300 per full-time employee for 1995; $300 per full-time employee for 1996 (1994=$300). Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 1995 and 1996. Also attached is a copy of the new contract language incorporating the changes. The total cost package over the two years is 5.7%. Also attached is a uniform settlement form. Minnesota Statute 179A.04, Subdivision 3, paragraph (n) requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other COUNCIL ACTION: CITY dOUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6 CITY MANAGER'S APPROVAL ITEM: 1995-1996 IAFF LABOR AGREEMENT BY: LINDA L. MAGEE BY: NO: DATE: July 11, 1995 DATE: Page 2 than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.04, Subdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. The difference between the percentage change from baseline reflected on the Uniform settlement Form and the total cost package is attributable to the fact that the form includes cost of movement through the wage schedule. This is not included as a part of the total cost package of the City unless there is a change in the wage schedule (ex., added step, etc.) Thus, if the new dollars for wage schedule movement and the corresponding medicare and retirement contribution attributable to the wage schedule movement was subtracted, the change in baseline would be the same as the total cost package. Likewise, if all members of the bargaining unit were at the maximum of their range, the change from baseline and the total cost package would be the same. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 95- 37, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 1995 December 31, 1996. COUNCIL ACTION: RESOLUTION 95- 37 REGARDING LABOR AGR~MENT BETWER'N CID' OF COLUMBIA HEIGHTS AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1995 and 1996; WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1995 and 1996 for IAFF bargaining unit employees of the City; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this Offered by: Seconded by: Roll Call: day of ,1995. Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS PROPOSAL 7['0 THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 ARTICLE XH1 VACATIONS 13.1 Each permanent and probationary, employee shall accrue vacation time on the following basis: During Employment Year *Vacation for 40-Hour **Vacation for 56-Hour Work Schedule Work Schedule 1 80 hours per year 112.0 hours per year 2 80 hours per year 112.0 hours per year 3 80 hours per year 112.0 hours per year 4 80 hours per year 112.0 hours per year 5 80 hours per year 112.0 hours per year 6 88 hours per year 123.2 hours per year 7 96 hours per year 134.5 hours per year 8 104 hours per year 145.6 hours per year 9 112 hours per year 156.8 hours per year 10 120 hours per year 168.0 hours per year 11 128 hours per year 179.2 hours per year 12 136 hours per year 190.4 hours per year 13 144 hours per year 201.6 hours per year 14 152 hours per year 212.8 hours per year 15 160 hours per year 224.0 hours per year 16 168 hours per year 235.2 hours per year 17 176 hours per year 246.4 hours per year 18 184 hours per year 257.6 hours per year 19 192 hours per year 268.8 hours per year 20 200 hours per year 280.0 hours per year *80 hours vacation per year equals 10 working days. etc. **112 hours vacation per year equals 10 working days, etc. ARTICLE XIV SICK LEAVE 14.7 Sick leave may be granted only for absence from duty because of personal illness or disability, legal quarantine, or serious illness in the immediate family. The immediate family is deemed as the following kin of the employee: spouse, children, mother, father, sister, brother, grandchildren, grandparents, spouse's mol. her or spouse's father. 14.8 Severance pay equivalent to one-third (1/3) of accumulated sick leave will be paid to the employee upon termination of service, in good standing, or to the employee's beneficiary, upon death of the employee. ' ARTICLE XV 15.1 15.2 15.3 FUNERAL LEAVE Employees may be granted funeral leave with pay for death of spouse, children, mother, father, sister, brother, grandparents, or grandchildren in accordance with the following: a) For employees assigned to 2,912 hours/year shifts, the maximum benefit shall not exceed 72 hours' pay. b) For employees assigned to 2,080 hours/year shifts, the maximum benefit shall not exceed 40 hours' pay. Employees may be granted funeral leave for death of spouse's mother or spouse's father in accordance with the following: a) For employees assigned to 2,912 hours/year shifts, the maximum benefit shall not exceed 48 hours' pay. b) For employees assigned to 2,080 hours/year shifts, the maximum benefit shall not exceed 24 hours' pay. Such funeral leave shall be deducted from sick leave or vacation, as the employee may choose. ARTICLE XVHI INSURANCE 18.1 The EMPLOYER will contribute up to a maximum of two-hundred eighty-five ($285) per month per (permanent and probationary full-time) employee for calendar year 1995 for employee life insurance and group health insurance (including dependent coverage). 18.2 The EMPLOYER will contribute up to a maximum of three hundred dollars ($300) per month per (permanent and probationary full-time) employee for calendar year 1996 for employee life insurance and group health insurance (including dependent coverage). ARTICLE XXIII DURATION 23.1 This AGREEMENT shall be effective as of the first day of January, 1995, and shall remain in force and effect until the thirty-first day of December, 1996. In the event a new contract is not agreed upon by December 31 of the bargaining period, the existing AGREEMENT shall remain in force until such new AGREEMENT is agreed upon. ARTICLE XXIV WAGES 24.1 1995 Wage Schedule After Classification: Firefighter Start to Six Months Six Months Twelve Months Twenty-Four Months Thirty-Six Months Forty-Eight Months Sixty Months Seventy-Two Months Level Recruit 65% of Recruit 70% of Recruit 75% of Recruit Firefighter Journeyman Firefighter Firefighter I Journeyman Firefighter Firefighter II Journeyman Firefighter Firefighter 80% of Journeyman Firefighter Firefighter I 85% of Journeyman Firefighter Firefighter II 90% of Journeyman Firefighter Firefighter III 95% of Journeyman Firefighter Journeyman Firefighter 40-Hour Work Schedule $12.32/hour $13.27/hour rate $14.21/hour rate $15.16/hour rate $16.11/hour rate $17.06/hour rate $18.00/hour rate $18.95/hour 56-Hour Work Schedule $ 8.78/hour $ 9.46/hour $10.13/hour $10.81/hour $11.48/hour $12.16/hour $12.83/hour $13.51/hour After Classification: Captain Start to Six Months Six Months Twelve Months Level Captain I (96% of Captain III) Captain II (98% of Captain I11) Captain 11I 40-Hour Work Schedule $19.70/hour $20.11/hour $20.52/hour 56-Hour Work Schedule $14.06/hour $14.36/hour $14.65/hour 24.2 1996 Wage Schedule 40-Hour After Level Work Schedule Classification: Firefighter Start to Six Months Recruit Firefighter $12.66/hour 65% of Journeyman Firefighter rate Six Months Recruit Firefighter I $13.63/hour 70% of Journeyman Firefighter rate Twelve Months Recruit Firefighter II $14.60/hour 75% of Journeyman Firefighter rate Twenty-Four Months Recruit Firefighter III $15.58/hour 80% of Journeyman Firefighter rate 56-Hour Work Schedule $ 9.02/hour $ 9.72/hour $10.41/hour $11.10/hour After Thirty-Six Months Forty-Eight Months Sixty Months Seventy-Two Months 40-Hour Level Work Schedule Firefighter I $16.55/hour 85% of Journeyman Firefighter rate Firefighter II $17.52/hour 90% of Journeyman Firefighter rate Firefighter m $18.50/hour 95% of Journeyman Firefighter rate Journeyman Firefighter $19.47/hour 56-Hour Work Schedule $11.80/hour $12.49/hour $13.19fnour $13.88/hour After Classification: Captain Start to Six Months Six Months Twelve Months Level Captain I (96% of Captain III) Captain II (98% of Captain III) Captain III 40-Hour Work Schedule $20.24/hour $20.66/hour $21.08/hour 56-Hour Work Schedule $14.45/hour $14.75/hour $15.05/hour 24.4 As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward the State Deferred Compensation Program for every $1 contributed by such employee toward the State Deferred compensation Program. Such employer contribution will not exceed $300 for calendar year 1995 and $300 for calendar year 1996. ;I CITY COUNCIl. LETTER Meeting of: July 24, 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTSfENT: CITY MANAGER'S NO: 6 CITY MANAGER' S APPROVAL ITEM: 1995-1996 TEAMSTERS LABOR AGREEMENT BY: LINDA L. MAGEE~_~ BYTE~~ -SERGEANTS ~ ~r DATE: 7-12-95 ~DA NO: ~ The current labor agreement between the City and the Teamsters, Local 320, representing Police Sergeants, terminated on December 31, 1994. Negotiations between the City negotiating team and the Teamsters have resulted in a mutually acceptable labor agreement for calendar years 1995 and 1996. The proposed changes are as follows: Wa~es: 1995: 1996: 2.75% adjustment over 1994 wages 2.75% adjustment over 1995 wages Insurance: 1995: $285 per month (1994 = $270 per month) 1996: $300 per month Deferred Compensation: Employer shall contribute $1 for every $2 contributed by the employee; $300 per full-time employee for 1995; $300 per full-time employee for 1996 (1994=$300). Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 1995 and 1996. Also attached is a copy of the new contract language incorporating the changes. The total cost package over the two years is 5.75%. Also attached is a uniform settlement form. · Minnesota Statute 179A.04, Subdivision 3, paragraph (n) requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.04, Subdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. There is no difference between the percentage change from baseline reflected on the Uniform Settlement Form and the total cost package due to the fact that all the Sergeants are at the top of their range and so there is no movement through the wage schedule. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 95- 3~ regarding the Labor Agreement between the City of Columbia Heights and the Tea/nsters, Local 320-Police Sergeants, effective January 1, 1995 - December 31, 1996. COUNCIL ACTION: RESOLUTION 95- 38 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE SERGEANTS WHEREAS, negotiations have proceeded between the Team.qters, Local 320, representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1995 and 1996; WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1995 and 1996 for Teamsters, Local 320-Police Sergeants, bargaining unit employees of the City; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this Offered by: Seconded by: Roll Call: day of ,1995. Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS PROPOSAL TO TEAMSTERS, LOCAL 320 POLICE SERGEANTS ARTICLE XI INSURANCE 11.1 The EMPLOYER will contribute up to a maximum of two-hundred and eighty-five dollars ($285) per month per employee for calendar year 1995 for group health and life insurance including dependent coverage. 11.2 The EMPLOYER will contribute up to a maximum of three hundred dollars ($300) per month per employee for calendar year 1996 for group health and life insurance including dependent coverage. 11.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. 11.4 Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 11.5 By mutual agreement, employees may use up to the amount of the premium for individual dental insurance coverage of the per month per employee of health and life insurance dollars in Articles 11.1 and 11.2 for dental insurance for all unit employees. ARTICLE XIX WAGE RATES 19.1 During 1995, employees with 0-12 months of service: $3,830 per month; and employees with over 12 months' service: $4,163 per month. 19.2 During 1996, employees with 0-12 months of service: $3,935 per month; and employees with over 12 months' service: $4,277 per month. 19.3 As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward the State Deferred Compensation Program for every $2 contributed by such employee toward the State Deferred Compensation Program. Such employer contribution will not exceed $300 for calendar year 1995, and $300 for calendar year 1996. 'ARTICLE XXII DURATION This AGREEMENT shall be effective as of January 1, 1995, and shall remain in full force and effect until the thirty-first day of December, 1996. I Meeting of: July 24, 1995 AGENDA SECTION: /~ ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6~F' CITY MANAGER' S APPROVAL ITEM: 1995-1996 TEAMSTERS LABOR AGREEMENT - BY: LINDA L. MAGE~ J~ BY: ~ NO: ' · The current labor agreement between the City and the Teamsters, Local 320, representing Police Officers, terminated on December 31, 1994. Negotiations between the City negotiating team and the Teamsters have resulted in a mutually acceptable labor agreement for calendar years 1995 and 1996. The proposed changes are as follows: Wages: 1995: 1996: 2.75% adjustment over 1994 wages 2.75% adjustment over 1995 wages Insurance: 1995: $285 per month (1994 = $270 per month) 1996: $300 per month The insurance Article in the current contract for police officers indicates that the employer will contribute up to a maximum of $270 per month ($285 in 1995 and $300 in 1996) for group health, including dependent coverage, life insurance, and long term disability. Additionally, it provides that employees may use up to the amount of the premium for individual dental coverage of the per month per employee dollars for dental insurance. These provisions have existed for several years. However, no insurance company would write long term disability coverage for police officers only. Moreover, not all the police officers were interested in dental insurance. City staff was able to secure quotes from two insurance companies for the provision of long- term disability insurance. The low quote is through Standard Insurance at $.69 per $100 of covered payroll, with a 6 month waiting period. This includes cost of living adjustments. Additionally, the police officers are interested in a dental plan offered through Denticare. This plan only requires participation of at least five employees, unlike the current dental insurance through the League of Minnesota Cities, which requires that all employees within the group take at least single dental, unless they are covered by their spouse. Staff recommends offering this dental plan to the police officers. Deferred Compensation: Employer shall contribute $1 for every $2 contributed by the employee; $300 per full-time employee for 1995; $300 per full-time employee for 1996 (1994=$300). Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 1995 and 1996. Also attached is a copy of the new contract language incorporating the changes. The total cost package over the two years is 5.87%. Also attached is a uniform settlement form. Minnesota Statute 179A.04, Subdivision 3, paragraph (n) requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the' attached Form to meet the requirements of this legislation. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6 CITY MANAGER'S APPROVAL ITEM: 1995-1996 TEAMSTERS LABOR AGREEMENT - BY: LINDA Lo MAGEE BY: POLICE OFFICERS DATE: 7-18-95 DATE: NO: Page 2 of 2 The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.04, Subdivision 3, paragraph (n). It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. The attached form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. The difference between the percentage change from baseline reflected on the Uniform settlement Form and the total cost package is attributable to the fact that the form includes cost of movement through the wage schedule. This is not included as a part of the total cost package of the City unless there is a change in the wage schedule (ex., added step, etc.) Thus, if the new dollars for wage schedule movement and the corresponding medicare and retirement contribution attributable to the wage schedule movement was subtracted, the change in baseline would be the same as the total cost package. Likewise, if all members of the bargaining unit were at the maximum of their range, the change from baseline and the total cost package would be the same. RECOMF/ENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 95- 39 , regarding the Labor Agreement between the City of Columbia Heights and the Tea/nsters, Local 320-Police Officers, effective January 1, 1995 - December 31, 1996. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to execute the necessary documents with Standard Insurance of Portland for long term disability insurance for the Police Officers. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to execute the necessary documents with Denticare for the provision of dental coverage for the Police Officers. COUNCIL ACTION: RESOLUTION 95- 3 9 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE OFFICERS WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar yeaxs 1995 and 1996; WHEREAS, a copy of said contract is available for inspection at the office of the City Manager and is made a pan hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1995 and 1996 for Teamsters, Local 320-Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this __ day of ,1995. Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS PROPOSAL TO TEAMSTERS, LOCAL 320 POLICE OFFICERS ARTICLE XVII INSURANCE 17.1 17.2 17.3 17.4 The EMPLOYER will contribute up to a maximum of two-hundred and eighty-five dollars ($285) per month per employee for calendar year 1995 for group health, including dependent coverage, life and long term disability insurance. The EMPLOYER will contribute up to a maximum of three hundred dollars ($300) per month per employee for calendar year 1995 for group health, including dependent coverage, life and long-term disability insurance. Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. By mutual agreement, employees may use up to the amount of the premium for individual dental insurance coverage of the per month per employee of health and life insurance dollars in Articles 17.1 and 17.2 for dental insurance for unit employees. ARTICLE XXVHI DURATION This AGREEMENT shall be effective as of January 1, 1995, and shall remain in full force and effect until the thirty-first day of December, 1996. APPENDIX A WAGE RATES ao Effective January 1~ 1995 After 36 months of continuous employment ................... $3,445.00 per month Top Patrol Rate 65% of Top Patrol Rate After 6 Months .................................... 70% of Top Patrol Rate After 1 Year ...................................... 80% of Top Patrol Rate 90% of Top Patrol Rate After 2 Years ..................................... After 3 Years ........................................... Top Patrol Rate Effective January 1, 1996 After 36 months of continuous employment Start After After After After ................... $3,540.00 per month Top Patrol Rate 65% of Top Patrol Rate 70% of Top Patrol Rate 6 Months .................................... 1 Year ...................................... 80% of Top Patrol Rate 2 Years ..................................... 90% of Top Patrol Rate 3 Years ........................................... Top Patrol Rate As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward the State Deferred Compensation Program for every $2 contributed by such employee toward the State Deferred Compensation Program. Such employer contribution will not exceed $300 for calendar year 1995 and $300 for calendar year 1996. CITY COUNCIL LETI'ER MEETING OF: JULY 24~ 1995 AGENDA SECTION: ORDINANCES & ORIGINATING DEPT.: CITY MANAGER RESOLUTIONS FINANCE APPROVAL NO.: 6 ITEM: GENERAL FUND RESOLUTION DESIGNATING BALANCE FUND AND IN THE THE DATE:BY: WILL~AI~ I~I~RITE 7/17/95'~ ~'~,,,,7"" BY(~t,<~ LIBRARY FUND FOR WORKING CAPITAL When the auditors met with the City Council on June 19, 1995, to review the 1994 annual financial report and audit of the City of Columbia Heights, one of their recommendations was that the City develop a formal policy by resolution establishing a portion of the General Fund balance as a reserve for cash flow purposes. In the past, this has been done in the annual financial report based on a work session discussion with the City Council of many years ago; however, no formal action was taken. In addition, since the Library Fund is also primarily supported by tax revenue, it was their recommendation that rather than having an interfund loan between the General Fund and the Library Fund, a formal transfer be done to the Library for their cash flow needs and that this also be set up in the Library Fund as a reserve for cash flow. Attached is a resolution making these changes. It should be noted that at any time the Council could withdraw this action by an additional resolution; therefore, this resolution is just the formal paperwork to tie in with what is currently being done and reported in the annual financial report. RECOMMENDED MOTION: Move to waive the reading of Resolution 95d40, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 95- /40, being a resolution designating fund balance in the General Fund and the Library Fund for working capital. WE:dn 9507172 COUNCIL ACTION: RESOLUTION 95- h0 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, DESIGNATING FUND BALANCE IN THE GENERAL FUND AND LIBRARY FUND FOR WORKING CAPITAL WHEREAS, the majority of revenue for the General Fund and the Library Fund is received from State aids and property tax revenue; and WHEREAS, State aids and property tax revenue are not received until the last six months of the year; and WHEREAS, the City Council desires to ensure adequate cash flow for working capital in the General and the Library funds; and WHEREAS, when the Library Fund was separated from the General Fund there was no fund balance transfer from the General Fund to the Library Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, that the City will transfer $200,000 in fund balance from the General Fund to the Library Fund; and BE IT FURTHER RESOLVED that fifty percent (50%) of the next year's budget in both the General Fund and the Library Fund will be designated for working capital. Passed this day of ,1995. Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary 9507172 CITY COUNCIL LETI'ER MEETING OF: JULY 24~ 1995 AGENDA SECTION: ORDINANCES & ORIGINATING DEPT.: CITY MANAGER RESOLUTIONS FINANCE APPROVAL NO.: 6 ITEM: RESOLUTION TRANSFERRING BY: WILLIAM ELRITE BY: GENERAL FUND TO THE FAST DATE. COPS FUND In discussions with the City Council at various work sessions, it was the consensus of the Council to use fund balance from the General Fund to fund the City's first three-year portion of the Fast Cops grant. For accounting purposes, a separate Fast Cops Fund has been established to account for this grant and to provide appropriate reporting on the grant. Attached is a worksheet showing the grant costs and the City's portion. The City's total cost for the three- year grant is $76,363. Also, attached is a resolution making the fund transfer. RECOMMENDED MOTION: Move to waive the reading of Resolution 95d-2j._, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95- ti ~, being a resolution transferring fund balance from the General Fund to the Fast Cops Fund. WE:dh 9507175 Attachments: Worksheet Resolution COUNCIL ACTION: RESOLUTION 95-/41 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, TRANSFERRING FUND BALANCE FROM THE GENERAL FUND TO THE FAST COPS FUND WHEREAS, the City of Columbia Heights applied for a federal Fast Cops grant to provide additional police services; and WHEREAS, the federal Fast Cops grant was approved and awarded to the City of Columbia Heights; and WHEREAS, the City Council desires to fund the three-year City portion of this grant from fund balance from the General Fund; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, that the City will transfer $76,363 in fund balance from the General Fund to the Fast Cops Fund. Passed this day of ,1995. Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary 9507172 FAST COPS Police Hiring Program Budget Documentation 03/10/95 Total Costs for one Police Officer During Life of Grant BASE WAGE DEFERRED COMP (city contribution) HOLIDAY PREMIUM HOLIDAY COURT OVERTIME REGULAR OVERTIME TRAINING PAY TOTAL WAGES 1ST YEAR 2ND YEAR 3RD YEAR TOTAL $27,159 $32,189 $36,212 $95,560 $300 $300 $300 $900 $1,254 $1,486 $1,668 $4,408 $261 $310 $347 $918 $875 $875 $875 $2,625 $2,000 $2,000 $2,000 $6,000 $850 $850 $850 $2,550 $32,699 $38,010 $42,252 $112,961 PERA FICA WORK COMP (city contribution) HEALTH TOTAL FRINGE $3,924 $4,561 $5,070 $13,555 $474 $551 $613 $1,638 $2,583 $3,003 $3,338 $8,924 $3,240 $3,240 $3,240 $9,720 $10,221 $11,355 $12,261 $33,837 UNIFORM COSTS MPRS FEE PSYCH FEE MEDICAL TRAINING COSTS TOTAL OTHER $1,800 $350 $350 $2,500 $825 $0 $0 $825 $350 $0 $0 $350 $14o $o $o $14o $250 $250 $250 $750 $3,365 $600 $600 $4,565 TOTAL COST ONE OFFICER FEDERAL SHARE $46,285 $49,965 $55,113 $151,363 $25,000 $25,000 $25,000 $75,000 CITY SHARE $21,285 $24,965 $30,113 $76,363 CITY COUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: ORDINANCES AND RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6 CITY MANAGER' S APPROVAL ITEM: APPROVE CITY COUNCIL MEETING BYLAWS OF BY: PATRICK HENTGES BY:~ ~ PROCEDURE AND DECORUM DATE: 7-20-95 DAT E.~~ Attached please find a draft copy of the proposed City Council Meeting Bylaws of Procedure and Decorum. This item was discussed at the past work session, and the City Councilmembers' changes have been incorporated into the text of the draft. If approved, the procedures will be put in place for the next City Council meeting of August 14, 1995. Attached please find also a draft copy of a citizen handout that will be made available at the City Council meeting as a guide to informing the public on the procedures that govern the organization of the agenda. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95- 42, approving City Council Meeting Bylaws of Procedure and Decorum. COUNCIL ACTION: RESOLUTION NO. 95-42 BEING A RESOLUTION ADOPTING CITY OF COLUMBIA HEIGHTS BYLAWS OF PROCEDURES AND DECORUM WHEREAS: The purpose of the attached Bylaws of Procedures and Decorum is to assure an accurate, timely and consistent method of developing and maintaining the various actions related to meetings of the City Council; and WHEREAS: Bylaws also assure retrieval of documents and data previously considered and notification of affected individuals and businesses; and WHEREAS: The City Charter, City Ordinances and State Statutes governing the City Council shall be supplemented by these Bylaws; and WHEREAS: In all matters of Parliamentary Procedure, the Council shall be governed by the latest printed edition of Robert's Rules of Order, except as addressed by these Bylaws. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights hereby authorizes the adoption of the attached Bylaws of Procedures and Decorum. Passed this 24th day of July, 1995. Offered by: Seconded by: Roll call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS BYLAWS OF PROCEDURES AND DECORUM I. PURPOSE These Bylaws of Procedures and Decorum assure an accurate, timely, and consistent method of developing and maintaining the various actions related to meetings of the City Council. They also assure retrieval of documents and data previously considered and notification of affected individuals and businesses. II. PROCEDURES 1. LAW. The City Charter, City Ordinances, and State Statutes governing the City Council shall be supplemeneted by these Bylaws. 2. GENERAL RULES. In all matters of Parliamentary Procedure, the Council shall be governed by the latest printed edition of Robert's Rules of Order, except as addressed in these Bylaws. 3. REGULAR COUNCIL MEETING SCHEDULE RULES. Regular Council meetings shall be held on the second and fourth Mondays of each month which are not observed legal holidays. Any regular meeting which would fall on an observed legal holiday shall be held on the Tuesday following such observed legal holiday. The Council may vary this meeting schedule by resolution and may set such special meetings in the form and manner as prescribed by Charter. 4. CABLECASTING OF COUNCIL MEETINGS. Ail regular Council meetings, being the second and fourth Mondays of each month or an optional day as set by Council resolution, as well as the Truth in Taxation Hearing, shall be cablecast on the local access channel. 5. RECORDING SECRETARY OF THE COUNCIL. The Council may choose a secretary and such other officers and employees as may be necessary to serve at its meetings. The Council may designate any official or employee of the City, except the City Manager or a member of the Council, to act as Secretary of the Council. III. PRESIDING OFFICER 1. PRESIDING OFFICER. The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Council President shall preside. 2. RIGHTS OF THE PROCEDURE. The Presiding Officer may speak on any question, make motions, and second motions. He/she shall have the power to preserve strict order and decorum at meetings, enforce the rules of procedure and determine without debate (subject to the final decision of the Council on appeal) all questions of procedure and order. 3. APPEAL TO A RULING. Any member of the Council may appeal a ruling of the Presiding Officer. If the appeal is seconded, the member may speak once, solely on the question involved. The Presiding Officer may explain his/her ruling, but no other Council member shall participate in the discussion. The appeal shall be sustained if it is approved by a vote. IV. AGENDA 1. PREPARATION. The City Manager is responsible for Council agenda format and preparation. This includes all items for consideration, Charter requirements, State law, Bylaws, etc.. These documents shall be distributed as described in Section 1.04 of the City's Procedures Manual. 2. ITEMS FOR CONSIDERATION. Ail items to be included in the Agenda or on the City Manager's Report shall be submitted to the City Manager by 4:45 p.m. on the Monday preceding the meeting date. "Late" items, if approved by the City Manager, shall be distributed as described in Section 1.04 of the City's Procedures Manual. 3. ORDER OF BUSINESS. At the hour appointed for regular City Council meetings, the Presiding Officer shall call the meeting to order. If a quorum is present, the Council shall then proceed with its business in the following order which may be varied by the Presiding Officer: A. Call to Order/Roll Call B. Pledge of Allegiance C. Public Address of Council on Matters not on Agenda D. Commencemen~t of Cablecasting on Television E. Additions/Deletions to Meeting Agenda Fe Consent Agenda 1) Approval of Minutes from Previous Meeting(s) 2) Routine Items Requiring Limited Deliberation G. Recognitions, Proclamations, Presentation, Guests H. Public Hearings Items for Consideration 1) 2) 3) Old Business New Business Other Business J. Administrative Reports K. General Council Communications Council Executive Sessions If the Council is to consider an issue regarding pending litigation or a personnel matter, an Executive Session may be called. A recess is taken during a regular Council meeting or prior to adjournment of the Council meeting. At the conclusion of the Executive Session the regular Council meeting is reconvened. M. Adjournment CONSENT AGENDA. Council matters of a routine or non- controversial na'ture which need minimal deliberation shall be placed on the Consent Agenda. A motion to approve the Consent Agenda shall not be debated. At the request of any Council member, an item may be removed from the Consent Agenda and placed upon the regular agenda for debate immediately following approval of the Consent Agenda. The Consent Agenda shall only be adopted by an unanimous vote of those Council members present at the meeting. Be Ve PUBLIC PARTICIPATION. Members of the public may address the City Council during: A. Public Hearings Be Matters Not on the Agenda. This portion of the meeting shall be limited to fifteen minutes and individuals shall be requested to limit their comments to five minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, discussion on that issue shall be continued under Other Business at the end of the agenda. Ce Specific issues scheduled on the Agenda but in accordance with IV.6. of these Bylaws entitled "Addressing the Council." WRITTEN COMMUNICATIONS. Ail interested parties or their authorized representatives may address the Council regarding matters under consideration via written communication. The City Manager shall place these communications on the Agenda under "Acknowledgement of Communications to the Council." VOTING 1. PROCEDURE. The votes of the Council members on any pending ordinance or resolution shall be by voice vote unless any Council member requests that a roll call vote be taken. The votes on any motion shall be by voice vote unless any Council member requests that a roll call vote be taken. The Presiding Officer shall call for a roll call vote whenever a voice vote is not clear as to the disposition of the action before the Council. 2. ABSTENTION. If a Councilmember does not vote, it shall be recorded as "Abstain: [name]." 3. VOTING ORDER FOR ROLL CALL. The Council Secretary shall call for the vote in consecutive order beginning with the Councilmember who is seated to the far right of the Mayor. The Presiding officer shall always vote last. VI RULES OF DECORUM 1. COUNCIL. While the Council is in session, the members must preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the peaceful proceedings of the Council nor disturb any member while speaking. A member shall never refuse to obey the orders of the Presiding Officer. 2. RECOGNITION. No person or Councilmember shall address the Council without being recognized by the Presiding Officer. 3. DIsCussION. A Councilmember shall only speak twice on any question for a maximum of five minutes each time unless Council consent for additional time is granted. 4. STAFF. City staff members shall observe the same rules of order and decorum as are applicable to the Council. 5. RELEVANCE TO DEBATE. Councilmembers, staff and citizens shall confine remarks to the matter under debate. 6. ADDRESSING THE COUNCIL. Each citizen addressing the Council shall approach the public microphone after being recognized by the Presiding Officer, where he/she shall state name, address, subject for discussion and representation. Remarks shall be limited to five minutes without further consent from the Council. All remarks shall be addressed to the Council as a whole and not to any member thereof. No persons other than Councilmembers and the current speaker shall be permitted to enter into discussion, either directly or through a Councilmember, without such declaraton from the Presiding Officer. Questions of Councilmembers and staff are equivalently regulated. 7. SPOKESPESONS FOR GROUPS. In order to expedite Council meetings and avoid repetitious presentations, the Presiding Officer shall request a spokesperson to address the Council from a group, and if that group is making multiple presentations, to limit the number of such spokespersons. 8. MOTION CLOSURE. After a motion has been made or a public hearing has been closed, no citizen shall address the Council on the matter under consideration without majority consent from the Council. 9. CONDUCT. Any Councilmember, staff, or other person indulging in personal, impertinent, slanderous, profane, loud, threatening, abusive, or disorderly conduct shall be called to order by the Presiding Officer. If such conduct continues, the person may be barred from further audience before the Council. 10. AUDIENCE. No citizen shall engage in applause, stamping of feet, whistling, yelling or similar demonstrations listed in VI.9 which disturb the peace and good order of the meeting. VII. ENFORCEMENT 1. WARNING. Ail persons shall be silent at the request of the Presiding Officer. If a person persists in disturbance after receiving a warning, he/she may be ordered to remove themselves from the meeting. If they refuse to remove themselves, they will be escorted from the meeting by a police officer and possibly charged with violation of City Ordinance. 2. MOTIONS TO ENFORCE. Any Councilmember may move to require the Presiding Officer to enforce these rules. 3. ADJOURNMENT. In the event that any meeting is willfully disturbed so as to render the order of such meeting unfeasible and order cannot be restored by removal of the individual(s) causing the disturbance, the meeting may be adjourned with all remaining business considered at the next meeting. 4. SPECIAL MEETINGS. If the matter being addressed prior to adjournment is of such a nature as to demand immediate attention, the Presiding Officer may call a special meeting. VIII. WORKSHOP ~EETINGS 1. GENERAL. Workshop meetings of the Council may be held at the call of the City Manager with a notice of seventy-two hours. No official Council action will be taken at workshop meetings. IX. ~ AND RECORDING DEVICES Cameras, including television and motion picture cameras, electronic sound recording devices and any other mechanical, electrical, or electronic recording devices may be used in the Council Chambers, but only in such a manner as will cause a minimum of interference with Council proceedings. X. SEPARABILTY If any portion of the these Bylaws is for any reason held invalid or unconstitutional by a court of law, such portion shall be considered a separate and distinct provision and will not affect the validity of the remaining portions. CITY OF COLI~BIA HEIGHTS Meeting of: July 24, 1995 AGENDA SECTION: RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO: 6 COMMUNITY DE~LOPMENT APPROVAL CONTRACT WITH ROBERT & PRISCILLA DATE: July 20, 1995 BARNICK (500 38th Ave. & 3725 5~h St. NE) NO: ~. ~. At the July 10, 1995 City Council meeting the Development Agreement with Robert & Priscilla Barnick and Columbia Heights HRAwas approved. As a result of the City Council Worksession meeting with the Barnicks on July 17 a change was made to the agreement in regard to equal division of any excess tax increment financing (TIF) proceeds each year. In addition environmental requirement clarifications and other minor corrections to the agreement have been made by Kennedy & Graven (TIF Attorney). The HRA Board approved the agreement as corrected at their meeting on July 18. Copies of the approval Resolution and new agreement with changes noted are attached. RECOMMENDED MOTION: Move to waive the reading of Resolution 95- Y3, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-~_, Resolution to Approve the Contract for Private Development by and Among the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota, the City of Columbia Heights, Minnesota and Robert C. Barnick and Priscilla A. Barnick, D/B/A Metro Assemblies, A Sole Proprietorship. COUNCIL ACTION: \bt\council.for CITY OF COLUMBIA HEIGHTS RESOLUTION 95- ~ RESOLUTION TOAPPROVETHECONTRACT FOR PRiVATE DEVELOPMENTBYANDAMONGTHEHOUSINGAND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AND ROBERT C. BARNICK AND PRISCILLA A. BARNICK, D/B/A METRO ASSEMBLIES, A SOLE PROPRIETORSHIP (THE "DEVELOPMENT CONTRACT"). WHEREAS, Robert C. Barnick and Priscilla A. Barnick, d/b/a Metro Assemblies, a sole proprietorship (the "Developer") has proposed to develop certain property within the Multi-Use Redevelopment Project area (the "Project") in the City; and WHEREAS, the Developer and the City of Columbia Heights (the "City") entered into that certain "Exclusive Negotiation Agreement" dated May 8, 1995; and WHEREAS, the Developer and the City of Columbia Heights (the "City") agreed to use their best efforts to attempt to negotiate and formulate a definitive Development Contract which is to contain the terms and conditions for the Housing and Redevelopment Authority's acquisition and sale of such lands within the Project to the Developer (the "Development Property") and the terms and conditions for the Developer to undertake and complete the renovation and expansion of a 5,000-square foot office/warehouse facility (the "Minimum Improvements"); and WHEREAS, the City authorized the preparation of the proposed Development Contract for review and approval by the City and Authority Board of Commissioners and the Developer; and WHEREAS, the Authority Board of Commissioners did review and approve the Development Contract at the Authority's meeting held on July 18, 1995. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: 1. The Development Contract is approved and the City Council agrees to execute the Development Contract and carry out the City's obligations thereunder subject to the closing and transfer of title to the Development Property to be conveyed to the Developer by Quit Claim Deed pursuant to the terms of this Development Contract. 2. The City Manager and Authority's Executive Director are authorized to make only non-material corrections to the final Development Contract for execution by the proper City and Authority officials on behalf of the City and Authority at the closing and transfer of title to the Development Property. Approved by the City Council of the City of Columbia Heights this 24th day of July, 1995. Passed this Offered by: Seconded by: Roll Call: day of , 1995. Ayes: Nays: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary resol2 PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 1995 PAGE 1 The Planning and Zoning Commission was called to order at 8:05 p.m. Members present were Paulson, Fowler, Larson, Peterson and Szurek. Also present were Tina Goodroad, Zoning Coordinator, and Jim Hoeft, representing the City Attorney's office. Motion by Larson, seconded by Fowler, to approve the minutes from the meetings of June 6 and June 27, 1995 as presented in writing. Roll Call: All Ayes. NEW BUSINESS: Public Hearing Conditional Use Permit Case//9507-27 Col. Heights Assembly of God 4054 Van Buren Street N.E. Columbia Heights, Mn. Ms. Goodroad presented the request of the Columbia Heights Assembly of God Church for a Conditional Use Permit to allow the construction of a 12' x 20' wood utility building at the rear of and six feet from the principal building at 4054 Van Buren Street. The building will be set three feet inside the west side property line. Maelyn Hansen, Chairman of the Board for the Church, and Daryl Marquette were present to represent the Church. Mr. Hansen stated that the building would be constructed of wood with metal siding, no windows and a steel door. He also stated that the building would be used only for storage. Motion by Peterson, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit to allow the construction of a 12' x 20' utility building at 4054 Van Buren Street as it would be in compliance with the Zoning Ordinance. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JULY 24, 1995 CITY COUNCIL AGENDA. Public Hearing Conditional Use Permit/Variance Case//9507-28 Sung Jang RE: 4920 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Mike Crowe on behalf of Sung Jang for a Conditional Use Permit to allow the operation of a 120 seat restaurant in the existing building at 4920 Central Avenue, formerly the Pannekoeken Huis Restaurant, as well as a variance to allow one freestanding sign on the premises. She explained that the new tenants would be operating a Korean restaurant on the premises and do not intend on PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 1995 PAGE 2 altering the interior other than for alterations to the kitchen equipment required by the Anoka County Health Department. Ms. Goodroad stated that the Building Inspector, Evelyn Nygaard, had gone through the building with Mr. Crowe and gave suggestions and requirements for structure and plumbing improvements. Ms. Goodroad informed the Commission that the restaurant could potentially seat up to 120 people. The existing parking lot has 42 parking spaces as indicated on the current site plan. The seating capacity would require a minimum of 40 parking spaces. Ms. Goodroad also indicated that the applicant also is requesting a variance to allow the existing freestanding sign to remain. She referenced Section 9.117A(10)(ii) of the Signage Section of the Zoning Ordinance which allows for one freestanding sign only if the building or structure is located twenty (20) feet or more from the front lot line, not to exceed seventy-five (75) square feet per surface and limited to two (2) surfaces. She informed the Commission that the former tenants, Pannekoeken Huis, had been notified several times that their signage was non-conforming in respect to the size of the sign, its height and the fact that a pylon sign would not be allowed due to the closeness of the building to Central Avenue. It was Ms. Goodroad's suggestion that the restaurant consider the use of wall signage. She explained that the building is located seven feet from the front property line and measures 75 feet across the front of the building. This building would be allowed up to 100 square feet of wall signage which could be divided with signage on the north, south and front of the building if desired. She stated that it was her contention that the building has very high visibility for vehicles traveling north or south on Central Avenue and that wall signage would be adequate as no hardship would exist to grant the variance for the pylon sign. Ms. Goodroad also referred to Section 9.117A(2)(b) of the Sign Ordinance which requires all non-conforming signs to be brought into strict compliance with the City Code if certain instances occur such as change of ownership, change of tenant, if building permits are issued for the site equal to or greater than 85,000 in estimated construction costs or if the non-conforming sign comes into disrepair and requires significant repair or replacement. Mike Crowe was in attendance along with the proposed tenants for the new restaurant. Mr. Crowe stated that the proposed tenants are operating on a limited budget explaining that they are being relocated from their former location in the City of Fridley and have been out of business since May 31, 1995. He explained that they could be compensated for relocation costs of up to 810,000 but that is not a guaranteed amount. Mr. Crowe indicated that some kitchen equipment from the previous restaurant will be used and brought to code, stating that they have been working with the Anoka County Health Department. However, the cost of the removal of the pylon sign alone would be approximately 81000 with the cost of new signage almost 85500 to 86000. It would be the desire of the proposed tenants to be able to use the existing sign with alterations to the face of the sign to allow them to put more of the funds into the painting and upgrading necessary to the outside of the building. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 1995 PAGE 3 Council Representative Peterson explained that the Commission could not recommend a variance to the City Council based on the fact that there is no hardship available. Commissioner Szurek explained to the audience that a hardship, as stipulated in the Zoning Ordinance, does not take into consideration the availability of finances of the tenant. A hardship would be the shape of the lot, the topography of the lot or the location of existing mature trees that would prohibit the applicant from meeting the requirements of the Zoning Ordinance. Commissioner Larson suggested that the applicant consider the use of temporary signage that would be allowed for a grand opening as well as for the short term use. It was the concensus of the Commission that the freestanding sign be removed. Commissioner Paulson felt that it was the responsibility of the owner of the property to bring the building, including its signage into conformance and be responsible for any repairs that would be necessary. He did not feel it was fair that the new tenant would have to accrue the costs for repairs or items that were existing before the new restaurant begins operation. Motion by Larson, seconded by Peterson, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of the 120 seat restaurant proposed at 4920 Central Avenue contingent upon removal of the freestanding sign and that architectural interior floor plans showing the number of and placement of seating are submitted prior to any building permits being issued. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JULY 24, 1995 CITY COUNCIL AGENDA. Motion by Larson, seconded by Peterson, to deny the variance request as no hardship exists and the freestanding sign does not meet Ordinance requirements. Roll Call: All Ayes. Public Hearing Conditional Use Permit Case #9507-29 Patti and John Lyte, Jr. 5015 N.E. 4th Street Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. and Mrs. Lyte, Jr. for a Conditional Use Permit to allow the construction of a 10'x12' wood utility building with a 4'x12' porch in the rear yard of 5015 N.E. 4th Street. The original proposal was to build on an existing concrete slab, however, that slab will be removed as it does not meet code, and a new slab will be installed. The proposed location on the lot will be in the rear yard set between the house and detached garage and located three feet from the side property line. She stated that the Lytes have obtained the signatures from their adjacent neighbors granting approval of the proposed structure. Motion by Larson, seconded by Fowler, to recommend to the City Council the approval of the Conditional Use Permit to allow the construction of a 10'x12' utility building with a 4'x12' roofed deck in the rear yard of 5015 PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 1995 PAGE 4 N.E. 4th Street as the proposed structure is in compliance with our Zoning Ordinance. **THIS ITEM TO APPEAR ON THE JULY 24, 1995 CITY COUNCIL AGENDA. Roll Call: All Ayes. Public Hearing Final Plat Approval Case #9507-26 Hillcrest Development RE: 550 N.E. 39th Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Scott Tankenoff and Hillcrest Development for approval of the final plat to allow for potential sale and redevelopment of 550 N.E. 39th Avenue. She explained that the reason for the plat would be to allow the potential sale and redevelopment of 550 N.E. 39th Avenue indicating that Hillcrest Development has two purchase agreements pending with Rayco Construction and Agro-K, a new company. She stated that the original plat is on record with Anoka County. Once approved, this new plat will be recorded as a registered land survey. The proposed Registered Land Survey indicates the original Parcels and their descriptions as they exist on the Certificate of Title of the property. She stressed that these historical descriptions and calculations have to be the same as they appear on the Certificate of Title. She stated that the City Engineering Department did find a discrepancy with the curve information along the northerly line of Parcel B. The City Engineer has discussed this with Hillcrests surveyors and determined that this would not be a problem as the information would have to remain the same as the historical description. Once this Registered Land Survey (RLS) is recorded at Anoka County, the areas outlined and labled "Proposed Tract A, B and C" would be called Tract A RLS, Tract B RLS and Tract C RLS and given a recording number similar to a lot and block number assigned in a subdivision. She informed the Commission that the new plat, once recorded, will be able to be sold for redevelopment by tract. Scott Tankenoff was present to address any questions of the Commission. Motion by Larson, seconded by Peterson, to recommend to the City Council the approval of the proposed final plat for 550 N.E. 39th Avenue to be recorded as a Registered Land Survey with Anoka County. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JUlY 24, 1995 CITY COUNCIL AGENDA. Public Hearing Zoning Amendment Case #9507-30 City of Columbia Heights 590 N.E. 40th Avenue Columbia Heights, Mn. Ms. Goodroad presented the information that was tabled at the June 27, 1995 meeting regarding the proposed amendments to the Parking Ordinance stating that the proposed changes only affect manufacturing, fabricating PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 199§ PAGE 5 or processing uses, office space in industrial zoned areas and warehouses uses. She reviewed the changes that are being recommended including the changes that were recommended at the last meeting. The proposed changes are as follows: Section 9.116(4)(i): School, Elementary and Junior High: At least one (1) parking space for each classroom plus one (1) additional space for each 300 student capacity. Section 9.116(4)(x): Furniture Store, Appliance Store, Wholesale, Warehouse: One (1) parking space for every 1.5 employees on major shift or one (1) per 2,000 square feet of floor area (gross), less 10% off total square feet to account for non-useable space, whichever is greater; plus one (1) space per company vehicle. Section 9.116(4)(bb): Manufacturing, Fabricating or Processing of a Product or Material: One space for every 1.5 employees on major shift or one (1) per 600 square feet of floor area (gross), less 10% off total square feet to account for non-useable space, whichever is greater; plus one (1) space for each company vehicle (unless vehicle or vehicles are already accounted for in requirements). Section 9.116(4)(cc): Office space in Industrial I and I-2 zone areas: One (1) parking space per 300 square feet of floor area (gross). Section 9.116(4)(dd): For Industrial zone areas only (I, I-2) and for industrial purposes only, if the owner cannot meet the required parking requirements, the Planning and Zoning Commission may recommend, and the City Council may approve a "parking plan" for required parking spaces according to the applicants plan which will propose to initially install only a portion of the required parking spaces, but could demonstrate that the full amount of required parking could be installed on the property as determined by the City. Other requirements include: (1) Applicant must submit a site plan which will show sufficient land available to re-instate all required parking if: use of the property changes, or if the City determines greater amount of parking is necessary. (2) Whenever industrial properties change ownership, the use and parking spaces provided may be reviewed by City Staff to determine if adequate parking is being provided or if more spaces need to be installed from the amount set aside. (3) The applicants site plan must show that parking is provided for employees according to Section 9.116(4)(x)(bb). (4) Applicant must submit plans for customer parking according to peak customer amounts. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 11, 1995 PAGE 6 She informed the Commission that public hearing notices were mailed to all property owners in the Industrial and Industrial 2 Zoning Districts and that several telephone calls were received with positive responses regarding the proposed changes. It was Ms. Goodroad's opinion that these changes to the parking requirements would assist property owners eager to expand and add-on to their businesses but currently are unable to do so because of the constraints the existing ordinance imposes on them. She felt the changes would greatly encourage new industrial growth as well as increase to the tax base. Scott Tankenoff, representing Hillcrest Development at 550 N.E. 39th Avenue, spoke enthusiastically in favor of the proposed changes to the parking requirements. He felt the changes would help the City come back to life giving a positive image while allowing the City to still maintain some control. He also stated that these changes will encourage the tax base to grow and stabilize. He felt the requirements proposed are firm yet fair versus those of other cities. Motion by Fowler, seconded by Larson, to forward to the City Council the proposed changes to Section 9.116(4) of the Parking Section of the Zoning Ordinance for a first reading. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JULY 24, 1995 CITY COUNCIL AGENDA. STAFF REPORTS. A. Ms. Goodroad informed the Commission that Mr. Jeff Bahe of the Conoco Express Service Station at 3701 Central Avenue again expressed the desire to appear before the Commission and discuss the Temporary Signage Section of the Zoning Ordinance and the restrictions it imposes on local businesses. It is his contention that the City Sign Ordinance is too strict. Ms. Goodroad stated that Mr. Bahe indicated in their telephone conversation of July 10, 1995, he had a petition from other business owners that he intended to present to the Commission. However, Mr. Babe was not in attendance. This was the second time he stated that he wanted to address the Commission and then did not attend the meeting. Discussion followed on the merits of the Temporary Signage Requirements. Councilmember Peterson felt that the current allowances were very liberal and that the City Council would be reluctant to loosen up the requirements any further. Commissioner Larson felt the current ordinance should be enforced and tickets issued to those who violate the ordinance. Commissioner Paulson stated that Staff should send one letter during the year to those who violate the ordinance and then issued tickets if additional violations occur. Attorney Hoeft indicated that it was more costly to the property owner than the City to appear in court in response to a violation. He indicated that a fine would probably be leveled to the violator and then the word would get out to the business community that the City is serious about enforcin9 the ordinance. The Planning and Zoning Commission unanimously directed Staff to enforce the Temporary Signage requirements of the Sign Ordinance and to issue tickets to those who violate the ordinance. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JULY 11, 1995 PAGE 7 B. Ms. Goodroad updated the Commission on the William Frauly property at 4544 Fillmore Street stating that the retaining wall has been reconstructed without the required building permit. She stated that a ticket has been issued to Mr. Frauly for his violations. Discussion was held regarding future handling of the situation. Staff was directed to deposit the monies collected from Mr. Frauly and held in esrow to be deposited into the General Fund of the City and that no rental license be issued to Mr. Frauly. The City Attorney suggested that Mr. Frauly be notified of this in writing. Motion by Larson, seconded by Fowler, to adjourn the meeting at 9:30 p.m. Roll Call: All Ayes. Kathryn Pepin Secretary to the Planning and Zoning Commission kp CITY COUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning & Zoning APPROVAL ITEM: CUP, C.H. Assembly of God ~ BY: Tina Goodro d~ B~ NO: #9507-27, 4054 Van Buren St. DATE: July 14, 1995 The Planning and Zoning Commission heard the request of the Columbia Heights Assembly of God requesting a Conditional Use Permit to allow the construction of a 12' x 20' utility building at 4054 Van Buren Street. Section 9.109(2) (a) of the Zoning Ordinance requires a Conditional Use Permit for accessory structures other than private garages. Section 9.105(5) (g) of the Zoning Ordinance states that any Conditional Use Permit for an accessory structure that is 120 square feet or less and that has been applied for properly and pursuant to Section 9.105(5) (b) may be granted by the Zoning Administrator. The applicant has submitted a survey of the property and a site plan which shows the placement of the shed on the lot. The proposed shed will be 12' x 20' and will be located six (6) feet from the existing building on the west end. The utility building will be placed three feet in from the property line which is permitted in a residential area. The property is zoned R-3. The Planning and Zoning Commission unanimously recommend the approval of the Conditional Use Permit. RECOMMENDED MOTION: Move to approve the Conditional Use Permit to allow the construction of a 12' x 20' utility building at 4054 Van Buren Street as it is in compliance with the Zoning Ordinance. COUNCIL ACTION: ccag795.no2 CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Pence Conditional Use Permit T Subdivision Approval Site Plan Approval T Other Application Date, Case No: Fee, ~J' Receipt 1. Street Address of Subject Property, 2. Legal Description of Subject Property, Address: Phone: 4. Owner: Address: Phone: Description of , .quest: Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use Reason for Request, Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota. - 06/21/1995 15:~1 7887602 KLI~TH SL~VEYI~G INC PAC~ ~1 CERTIFICATE O'F SURVE'Y MINNE$OIA R£G~AI ~ON NO. ~ CITY COUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning & Zoning APPROVAL ITEM: CUP, Sung Jang ~ BY: Tina Goodr NO: #9507-28, 4920 Central Avenue DATE: July 14, 1995 The Planning and Zoning Commission reviewed the request of Mr. Mike Crowe who is representing Sung Jang in their request for a Conditional Use Permit to allow the operation of a 120 seat restaurant in the existing building at 4920 Central Avenue and a request for a variance of thirteen (13) feet to allow one freestanding sign. The new occupants will be operating Korean restaurant and do not plan on altering the interior. Mr. Crowe has had the site inspected by the Building Inspector at which time Ms. Nygaard gave her requirements and suggestions for structure and plumbing improvements. The Anoka County Health Department has been working with the new occupant as far as kitchen equipment/alterations, etc. A site plan of the interior and exterior are included in your packet. The restaurant can potentially seat up to 120 people. The existing parking lot has 42 spaces as shown on the site plan. Section 9.116(4) (u) of the Parking Section of the Zoning Ordinance requires restaurants, cafes, bars, taverns or nightclubs to have at least one (1) parking space for each three (3) seats based on capacity design. The seating capacity at this site requires 40 parking spaces, therefore, sufficient parking is provided for this operation. Mr. Crowe, on behalf of Mr. Jang, is also requesting a variance of thirteen (13) feet to allow one freestanding sign. The building is located only seven (7) feet from the front property line. The previous owners, Pannekoeken Huis, had been notified several times that their signage is non-conforming. The current pylon sign measures 144 square feet where only 75 square feet is permitted. The building has a frontage of 75 feet which would allow this site up to a maximum of 100 square feet of wall signage. The maximum amount could be divided with signage on one, two or three sides of the building. Mr. Crowe has explained that the Jang family is working with limited finances and that new signage would be too costly. That is why they are requesting the use of the freestanding sign which they want to resurface. The restaurant is visible coming from the north or south on Central Avenue, thus, any wall signage would also be visible. The Planning and Zoning Commission unanimously recommend approval of the Conditional Use Permit to operate a Korean Restaurant at 4920 Central Avenue contingent upon removal of the freestanding sign and upon submittal of architectural interior floor plans showing the number of and placement of seating before a building permit is issued. The request for a variance for the pylon sign was denied. RECOMMENDED MOTION: Move to approve the Conditional Use Permit to operate a Korean Restaurant at 4920 Central Avenue contingent upon removal of the freestanding sign and upon submittal of architectural interior floor plans showing the number of and placement of seating before any permits are issued. COUNCIL ACTION: ccag795.no3 Application For= Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUMBIA HEIGHTS Fee, $75.00 Receipt No: ~/~/ 1. Street Address of Subject Property: 4920 Central Avenue N.E. 2. Legal Description of Subject Property, 5. Description of Request: Conditional Use Permit and variance to allow a pylon ~iqn Zoning: Applicable City Ordinance Number RB Present Zoning Present Use Section Proposed Zoning Proposed Use Reason for Request: for the ~peration of a 120 seat restaurant in the e×i~tin~ Building Current Sign Ordinance does not allow a pylon sign unless the buildinq is 20 feet from front property line. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and SiKnature: The undersigned hereby represents upon ill of the penalties of las, for the purpose of inducin~ the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all ~ork herein mentioned ~ill be done in accordance ~ith the Ordinances of the City o£ Columbia Heights and the lays of the Stat~,~~yo~. ~ Date: ~ /J_~_ /~ Signature of Applicant: --'- ~;'- · ~ Taken By: CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Nla.~ or Jo~,¢ph Sim'dc,, Councilmemher,, Donald G. Jolh Bruce G. Na;~rocki Gar~ L. Pcler,on Robert XV. Ruotlilllkllill Cil} Manager Patrick HoiII~e~ Date: To: From: Re: July 5, 1995 Planning Commissioners Evelyn Nygaard, Building Inspector _.~ ~ Inspection of old Pannekoeken Huis at 4920 Central Ave., N.E. Inspection report findings: The rear exit access is restricted by a half wall that is located less than the required 44" width and will need to be moved or removed. Exit lighting must be to code- the Fire Department should do a walk through. No inspection was made of the kitchen area, as it is to be redone/updated to Anoka County Health Department codes and requirements and State building code requirements. Existing bathrooms will be acceptable when accessories (towel holders, etc.) are moved to meet State code regulations. · 'SERV!CE IS OUR BUSINESS' EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMB:A HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EM, PLOYMENT OR THE PROVISION OF SERVICES CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 M,,yor Donald J. Murzyn, Jr. Coun¢ilmembers Sean T. Cierkin Bruce G. Nawrocki Gary L. Peterson Robem W. Ruettimann Cit) Manager Patrick Hentges July 13, 1993 RE: Pannekoeken Huis 4920 Central Avenue On April i4, 1983 the City Council adopted a Sign Ordinance regulating all signage within the City limits. Existing businesses were given a five year period to bring their signage into conformance with the Sign Ordinance. On December 14, 1988 the Ordinance was amended to allow pylon signs over eight feet tall to be located within one foot of the front property line and many existing signs were then in compliance. An additional extension of five years was then granted to existing non-conforming signage. Since the adoption of the Sign changes, many property owners have brought their signage into compliance. On July 14, 1993 the moratorium viii expire a~d all non-conforming :signage will be required to be brought into compliance whenever any change or alteration is made to the property or the signage or when ownership changes. Additionally, the existance of a non-conforming sign could impact saleability. The signage on your property is non-conforming because: 1. Freestanding sign too high. 2. Freestanding sign not allowed. Please contact ~he Building Inspection Department within thirty (30) days to let us know what your plans are to bring your signage into conformance. You may contact this office at 782-2818. Sincerely, Evelyn Nygaard Building/Zoning Administrator EN/kp 'SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning & Zoning APPROVAL ITEM: CUP, Patti & John Lyte, Jr.~0~ BY: Tina Goodro~ BY~~ , NO: #9507-29, 5015 N.E. 4th Street DATE: July 14, lg95 Mr. and Mrs. Lyre are requesting a Conditional Use Permit to allow the construction of a 10' x 12' utility building with a 4' x 12' porch in the rear yard of 5015 N.E 4th Street. Section 9.109(2) (a) of the Zoning Ordinance requires a Conditional Use Permit for accessory structures other than private garages. The applicants have submitted a site plan showing the placement of the shed on the property. They will be installing a new 10' x 14' slab for the new utility building. The shed will be placed between the house and the garage and three feet from the side property line. The style of shed includes a 4' x 12' porch, making it more attractive than the average utility building. The applicants have obtained the neighbors signature of consent for this project. The Planning and Zoning Commission unanimously recommend approval of the Conditional Use Permit. RECOMMENDED MOTION: Move to approve the request for a Conditional Use Permit to allow the construction of a 10'x12' utility building with a 4'x12' roofed porch in the rear of 5015 N.E. 4th Street as it is in compliance with the Zoning Ordinance. COUNCIL ACTION: ccag795.no4 CITY OF COLUMBIA HEIGHTS A~pl£cation For= Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other 1. Street Address of Subject Property~ 2. Legal Description of Subject Property~ Phone= 5'?J- 7 Owner: &ddre s s '~/~- Zoning: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use Reason for Request~ htibits Submitted (maps, diagrams, etc. Acknovledtment and $iKnature, The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the Stat~Minnesoty/ Signature of Applicant:~ ~/£ /.~-f~ Date= -/ ' Taken By,~ II City of Columbia Heights 782-2817 BULIDING PERMIT APPLICATION ADDRESS OF JOB SITE: 5015 4Th St NE (R-2) PROPERTY OWNER' S NAME: Patti & John W. Lyke Jr. CITY: Col. Hts. . STATE: MN HOMEOWNERS TO BUILD: TYPE OF WORK TO BE DONE: 12X 14 SHED ADDRESS: 5015 4Th St NE PHONE # 572 - 8467 DIAGRAM · VALUATION OF JOB: $ 7'6~. ~ c' NW CORNER IRON IS LOCATED 1' NORTH EVEN W/EAST FENCE LINE- NE CORNER IRON IS UNDER PAVEMENT 1' NORTH OF N. FENCF ALLEYWAY X I' GARAGE 12 X. 14 wi4 PORCH 19' 71'-9" ("8'-) APPLICANT SIGNATURE:~ BUILDING INSPECTOR SIGNATURE OTHER CI-P( DEPT APPROVAL: PERMIT FEE. HOUSE 33' -) NORTH 130' X ....... APPROVAL .... DENIAL .... DATE: APPROVAL DENIAL PLAN REVIEW FEE, SURCHARGE. BUILDING INFORMATION 5015 4Th St NE Patti & John W. Lyke Jr. 572-8467 12 x 14 Shed w/~,' Porch I- .................. 14' 12' (4'x ~2' Porch) .... 4, ......... NEIGHBOR APPROVAL From: Patti & John W. Lyke Jr. Date: 06/26/95 Subject: Shed Since informing you of our plans for a new shed, we would appreciate you signing your approval for aiding us to meet city requirements for building. Please read below for your approval. Thank-you very much for your time - Pat & John !! I, (we) have seen the 10' x 12' (with 3%' porch) shed diagram below and approve of it's size, appearance and location to be built at the residence of 5015 4th st. NE - Col. Hgts, MN. Name: Address: Dan & Ruth Lund ~;-0~ i 4th St NE - Col. Hgts, MN. Phone# f Fj SiRnature: ~ Date: 06/~/ 95 Name: Address' Phone# Maxine Pilarski _~'O~ "7 4 th St NE - Col. H,qts, MN Signature: '~L~,/~-~ '~-~ Date: 06/$~/ 95 CITY COUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning and Zoning APPROVAL ITEM: Plat Approval, Hillcrest Dev. \ BY: Tina Goodroad,~ BY:~3 NO: #9507-26, 550 N.E. 39th Avenue DATE: July 14, 1995 The Planning and Zoning Commission reviewed the request for Mr. Scott Tankenoff and Hillcrest Development for final plat approval for potential sale and redevelopment of 550 N.E. 39th Avenue. Hillcrest Development does have two purchase agreements pending with Rayco Construction and a new company, Agro-K. The final plat approval request is for a re-plat of the property. The original plat is on record with Anoka County. Once approved, this new plat will be recorded as a registered land survey. A copy of the Proposed Registered Land Survey shows the original parcels and their descriptions as they exist on the Certificate of Title of the property. These historical descriptions and calculations have to be the same as they appear on the Certificate of Title. The City Engineering Department did find a discrepancy with the curve information along the northerly line of Parcel B. The City Engineer has talked to Hillcrest's surveyors and determined this would not be a problem, since the information has to remain the same as the historical description. Once this RLS is recorded, the areas outlined and labled "Proposed Tract A, B and C" will be called Tract A RLS, Tract B RLS, and Tract C RLS and given a recording number. This is similar to a lot and block number in a subdivision. This re-plat, once recorded, will be able to be sold for redevelopment by tract. The Planning and Zoning Commission unanimously recommend approval of the plat for 550 N.E. 39th Avenue to be recorded as a Registered Land Survey with Anoka County. RECOMMENDED MOTION: Move to approve the plat for 550 N.E. 39th Avenue to be recorded as a Registered Land Survey with Anoka County. COUNCIL ACTION: ccag795.no5 CITY OF CbLUI~IA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval ... site P~an~ Approval . Other ~ ,,'/ Street Address of Subject Property: Application Date: Case No: . Date Receipt No: iq/-Z~ ..4a_ ,A/z, (o/,-//2- ~'~ / 2. Legal Description of Subject Property, e /iff ~W.~ q~-~, ~ h//~~,, Ovner: Name: Address: Phone: 5. Description of Request: e Zonin&: Applicable City Ordinance Number Present Zoning Present Use 7. Reason for Request: Section Proposed Zoning Proposed Use 8. Exhibits Submitted (maps. diagrams, etc.) AcknowledKment and SiKnature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in a~,~rdan~ with the~ances of the City of Columbia Heights Signature o, Applicant, w · Taken By:_~--~ >- LU n- t~ Z A ! · I " iii ti, , Ill ,i ;iii I CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: TINA GOODROAD ZONING/GRANT COORDINATOR K~THY YOUNG ~ ~ ASSISTANT CITY ENGINEER HILLCREST DEVELOPMENT JULY 3, 1995 The description of Parcels A, B and C are correct. There does seem to be a discrepancy with the curve information along the notherty line of Parcel B. The curve information we calculated is shown on the post-it-note. I do not have descriptions of the proposed tracts to review. If this is needed, or you have other questions on the survey, please contact Rich Nordstrom in the Engineering Department. The most important drainage considerations when developing a lot are 1) storm water runoff cannot past onto adjacent property and 2) runoff cannot leave the site at an increased rate. 95-412 KKY:bmm CITY COUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 CITY MANAGER' S APPROVAL ITEM: BLOCK PARTY REQUEST, RUTH GRAHAM,/% BY: PAT HENTGES BY: ~ 625 47TH AVENUE N.E. --'~ l~, DATE: 7-19-95 DATE NO.:/ ~.~. , Attached is a letter from Ruth Graham, 625 47th Avenue N.E., with her request to conduct a block party/neighborhood crime watch meeting on Tuesday, August 1, 1995, (National Night Out) from 6:00 PM - 9:00 PM, with a barricade for the cul-de-sac only at the end of 47th Avenue, west from Monroe St. to the top of the hill. RECOMMENDED MOTION: Move to approve request of Ruth Graham of 625 47th Avenue N.E. to barricade the cul-de-sac only at the end of 47th Avenue, west from Monroe St. to the top of the hill for their annual block party/crime watch meeting from 6 PM to 9 PM on August 1, 1995, (National Night Out). COUNCIL ACTION: Rulh Wile.v (;rahalm 625 4?Ih Avenue N.F:. Columbia itt'ights, ~iN 55421-2364 Ruth Wiley (;raham 625 47th Avenue N.E. Columbia Iieil~.ht.,~, MN 55421-2364 u / CITY COUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 CITY MANAGER'S APPROVAL ITEM: BLOCK PARTY REQUEST: Bruce Magnuson, BY: PAT HENTGES BY: 'E(f~___ 5010 Pennine Pass~--$ i~, DATE: 7-19-95 DAT Attached is a letter from Bruce Magnuson, 5010 Pennine Pass, with his request to conduct a block party on Saturday, August 12, 1995, from 1:00 PM - 7:00 PM, with barricades blocking off the Chalet Drive between Stinson Boulevard and Pennine Pass. RECOMMENDED MOTION: Move to approve request of Bruce Magnuson, 5010 Pennine Pass, to block off Chalet Drive between Stinson Boulevard and Pennine Pass for their annual block party from 1 PM to 7 PM on August 12, 1995. COUNCIL ACTION: Printing ® "Your FULL SERI TCE Quick Printer" JUL Pat Hentges City Manager City of Columbia Heights 590 40th Avenue N.E, Columbia Heights, MN 55421 CIT)' O~:: '"'"' ' ' Dear Pat, I am writing this letter to request permission to block off Chalet Drive between Stinson Boulevard and Pennine Pass for our annual Block Party. This block party will be on Saturday August 12, 1995 from 1:00 p.m. to 7:00 p.m. If you have any questions, please feel free to call me. My number at work is 574-1231 and my home number is 571-7284. Thank you for your cooperation. Sincerely, Bruce Magnuson 4850 Central Avenue N.E. - Columbia Heights, MN 55421 Phone: (612) 574-1231 · FAX: (612) 574-1252 CITY COUNCIL LETTER Meeting of: July 21, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 7 CITY MANAGER' S APPROVAL ITEM: ESTABLISH WORK SESSION DATES--7 ~ BY: PATRICK HENTGES BY: ~ NO: f % , DATE: 7 - 24 - 95 DATE The following work session dates should be established: July 31, 1995, at 7:00 P.M. August 7, 1995, at 8:00 P.M. August 21, 1995, at 7:00 P.M. RECOMMENDED MOTION: Move to establish July 31, 1995, at 7:00 P.M., August 7, 1995, at 8:00 P.M., and August 21, 1995, at 7:00 P.M. as work session dates. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 CITY MANAGER'S APPROVAL ITEM: BLOCK PARTY REQUEST: Laurie Rittmiller, BY: PAT HENTGES BY: 159 University DATE: 7-21-95 DATE,: NO: Attached is a letter from Laurie Rittmiller, 5159 University, with her request to conduct a block party on Tuesday, August 1, 1995, from 6:30 PM - 9:00 PM, with barricades blocking off 52nd Avenue between 4th and 5th Streets. RECOMMENDED MOTION: Move to approve the request of Laurie Rittmiller, 5159 University, to Block off 52nd Avenue between 4th and 5th Street for a Block Party from 6:30 PM to 9 PM on August 1, 1995 (National Night Out). COUNCIL ACTION: July 21, 1995 Columbia Heights City Hall Attn: Carol, Manager's Office Columbia Heights, Mn 55421 Dear Carol, I wish to request the closing off of 52nd Avenue_. from 4th street to 5th street on August 1, 1995 from 6:30 p.m. to 9:00 p.m. Our neighborhood is holding a ·pot Luck Dessert Eat-A-Thon·. This event is in conjunction vvith celebrating National Night Out, and we will have at least one Police Officer present. If you have any questions, please give me a call. Thank you for your help. Sincerely_. Laurie RH tmi 11 er 574-1918 CITY COUNCIL LETTER Meeting of: July 24, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 CITY MANAGER'S APPROVAL ITEM: BLOCK PARTY REQUEST - 4047 6th St. NE BY: PAT HENTGES BY: Lois Wielinski / ~,' DATE: 7-25-95 DATE: NO: . Attached is a letter from Lois Wielinski, 4047 6th Street N.E. to conduct their second annual Neighbor Awareness block party on Saturday, September 9, 1995, from 7:00 PM - midnight, with barricades blocking off 6th Street from 40th to 41st Avenues. RECOMMENDED MOTION: Move to approve the request of Lois Wielinski of 4047 6th Street N.E. to barricade 6th Street from 40th to 41st Avenues from 7:00 PM to midnight on September 9, 1995, for the purpose of conducting their second annual Neighbor Awareness block party. COUNCIL ACTION: July 24, 1995 City of Columbia Heights 590 40th Avenue NE Columbia Heights. MN To whom it may concern: The residents of the 40th block of 6th Street NE request permission to hold their second annual Neighbor Awareness Block Party on Saturday, September 9, 1995. We request 6th Street be blocked off, by police barricades, from 40th to 41 st Streets from 7:00 P.H. until 12:00 Midnight. The contact persons for this party are: Lois Wielinski Sher Thrush 4047 6th St NE 4051 6th St NE 788-5774 781-6097 Thank you in advance for your cooperation. Please feet free to contact either of us if there is a problem or question regarding this event. Sincerely, The Residents of 6th Street CITY OF COLUMBIA HEIGHTS Meeting of: July 24, 1995 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO.: 9 COMMUNITY DEVELOPMENT APPROVAL ITEM: AGREEMENT BETWEEN CITY OF COLUMBIA BY: DONALD SCHNEIDER BY HEIGHTS AND COLUMBIA PARK MEDICAL DATE: JULY 20, 1995 GRoup 9- A' As per the request of the Columbia Park Clinic Attorney Mike Hurley, this matter was tabled at the July 10 City Council Meeting to the July 24 meeting. Staff met with Mr. Hurley on July 20. Additional minor technical changes to the 1993 agreement were made as a result of that meeting and are noted on the attached copy that is shaded in and lined to reflect changes. 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 effective as of July 25, 1995 for a term of five years to July 25, 2000. 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 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 BOS Berne, Guz¥ & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown 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. HERRICK 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) 783-5120 July 20, 1995 Mr. Donald Schneider City of Columbia Heights 590 NE 40th Avenue Columbia Heights, MN 55421 BY TELEFAX: 782-2805 Re: Columbia Park Medical Group Columbia Heights Parking Ramp Dear Mr. Schneider: This letter is a follow-up to our meeting of this date in regards to the above-referenced lease. Attached you will find a redlined copy of the proposed lease. I have modified the redlined copy from the previous one sent to you in the following manner: On Page 1, I have changed the commencement date to July 25, 1995; in Article 1, the Agreement commences on July 25, 1995 and terminates on July 25, 2000; On Page 3, in Paragraph 2.4(g), in the second full paragraph, the sentence reads "The City shall, upon notice of said maintenance or repair project, enter into any contracts for said improvements or ~~rcpair directly with the contractor providing the services, or undertake the maintenance or repair itself."; In Article 2.4(g), in the third full paragraph, the sentence will state that "The City shall have the right to direct all reasonable operational and maintenance activities ~~i'!':'!~i!!iiii~~ of the Operator hereunder and t~::::::::~:~:~:~:~ ~~~:~:~:~:~:!:~:~ervise and direct Operator in its reasonable maintenance and operation of the Parking Ramp."; In Article 3.3(c), the sentence should now read "To maintain a close watch over attendants, ihi'i'~"'"d~i'iii"-ih'"'i'"iife, courteous, and efficient manner to maintain a high standard of safety and service to the public."; An Equal Opportunity Employer July 20, 1995 Page 2 Se I have changed the dates for the notarization and the party who will sign on behalf of the Medical Group. During our meeting, we also discussed some other issues raised by the Clinic. A) The Contract provides that the operator shall not engage in any other business in the parking ramp. I have indicated to you that the Clinic has, in the past, provided flu shots as a community service. The flu shots are delivered to the residents on the parking ramp. I have enclosed a copy of a letter from the Clinic that outlines this service. It is my understanding that the City does not have any objections to this activity. B) Definition of material damage, Article 2.1(f). The Contract provides that the operator shall report to the City within 48 hours after becoming aware of any material damage or injury. In that it is impossible to define what material damage consists of, my client or their insurance agent will contact you within 48 hours after any personal injury or any property damage which, under its existing policy, must be reported. c) Attendants. The clinic has advised you that they do not have attendants on duty full time at the ramp. The custodian at the facility does monitor the ramp during business hours of the Clinic. However, on evenings and weekends when the Clinic is closed, there is no one at the facility who monitors the ramp. My client will contact you to provide a name of an individual to contact 24 hours a day if there are any problems that arise at the ramp during the hours the Clinic is closed. D) The Clinic has indicated that they have experienced some problems regarding teenagers loitering on the ramp. They are unsure if they can demand that these individuals leave the ramp, in that the ramp is owned by the City and is public property. My client has indicated that if there are individuals who are loitering in the ramp or creating any problems, they will ask them to leave. If they refuse, my client will avoid any confrontation and contact the police and have them deal with the situation. I hope this letter adequately reflects our conversations regarding this lease. Thank you for your time and cooperation in reviewing this lease. Pursuant to your request, I will have July 20, 1995 Page 3 redlined and execution copies of this lease hand-deliw~red to you today. Sincerely, MFH:amw cc: Columbia Park Medical Clinic Attn: John Mohr AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA PARK MEDICAL GROUP FOR THE OPERATION/~ND MAINTENANCE OF A P]tRKING R~MP THIS AGREEMENT, made as of the 25th day of July, 1995, 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 July 25, 1995, and ending on July 25, 2000 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 contract 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 with the advice and consent 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 -3- notice to comply, in addition to other remedies set forth herein, enter upon such premises and take all steps necessary to insure compliance with the above obligations. 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 slhall 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. All 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. Personnel Requlations. The Operator further agrees: (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 if attendants are required under this Agreement to ensure 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. ~)perator'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 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 ODerator. 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. Assiqnability 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 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. By. Gary Van House Its: Chief Executive Director STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. The foregoing instrument was acknowledged before me this day of July, 1995, by and , the and of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. The foregoing instrument was acknowledged before me this day of July, 1995, by Gary Van House, the Chief Executive Director of Columbia Park Medical Group, P.A., a Minnesota corporation, on behalf of the corporation. \mfh\co L~mbi a. fin Notary Public -10- AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA PARK MEDICAL GROUP FOR THE OPERATION A/~DMAINTENANCE OF A PARKING RAMP THIS AGREEMENT, made as of the !~i~ day of ~;~'"~':::'?:~:'~-~ ....... !'!' ?".'::.' ..:!-...~ ~ ~ ~ :~99:~lJJ~, between the City of Colu~:~:~::: Heights ..... ('h~reinafter ~:~rred 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 !"~'~i~'~*~'~'~'!~'~'~'~ .............. i~'~'~'i~"~'~'~'~':~'~?~'~'~"~!~'~*?'~-~^-~- ~ ~- ~ constructcd a c 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 beginn ing on .~i~.:.:~:~:~:~!.~!~?!~!?!..~i!!!iii!iiiiiiiiiii!~ii!.~.~.!~.~i~99:~C-~-~--~^~ ....... -" ~- ~ - .~-,~- ....... ~ ~ ~-~. ~ -~-~:'~':':X';"::':~"~':':'":':~'~:"':':':~':x ~--"~-- ~-- and ending on ., .............. (5) ycar~ from i ~. ~ - ~ ~::~::X::X'-'"~ ................... -: ....................................... ' th ............ unless sa~d te~ shall be te~inated 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 businessl~,~e manner, reasonably satisfactory at all times to Operator a~.~.~.~.~.........~.6..~...~.~.~.~.l.i~h.~."the.....f~.~.~d~i.ng.~.-~s..d.i~.e.d~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~'~ 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 tlhe 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 Obligations of Operating. The Operator agrees that. in the procurement of materials or services for operation and maintenance of the Parking Ramp ~~e~=~ ~aS~a~if~(i~I~0~9)~, the Operator will when sc rcqulrc~ ~- ~..c ~i~y, follow the ~rcc~cns c .... c ~y ............ ~ .... ~ .... with the competitive bidding requirements of Minnesota Statutes Section 471 345 The Operator agrees to ~~S~ maintain the Parking Ramp, the equipment provided by the City and all parts thereof, in good condition and repair and in a safe condition as its cpc~ticn will reasonably permit; making all repairs ~~~~~~'~ thereto, which may be reasonab~'~'~'~'~K~'f'SS~"'~i~"~'9'~6~'~"i~Cluding 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 struc~.ure, plumbing, e 1 evators, 1 ight ing and hast i ng systemSii:::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 of the Operator hereunder and to retain consultants to supervise and direct Operator in its r~h~ maintenance and operation of the Parking Ramp. In the event that the Operator shall fail to comply with aany of the aforementioned obligations, the City may, after fi"c ~'~--~_~ ~ 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 obli.g, ations. ~bw~~ Section 2.5. Finance Procedure. (a) The Operator agrees to set up and maintain accurate records, books and accounts in the , ~'-~.... % ~xe3~_.~, ~ ~':~- ~.~. manner and form approved by the City and that personnel authorized by the C~ty shalI have the r~gh~ to audit and exazine said records, books and accounts at an~ time during regular bus~.ness ~r~.'t~ The accounts sha'~ e;~ ~.-~- ~.~:-.'..,.'.-".:, ~.e~',,~ ............ .~-~:'~~.~~ ~.r~:~. . Ii r risc:, ~uz no: ~ llml:e~ :o income ~f any) and expense accounts and the Operator shall prepare and sub~it quarterly and annual profit and loss statements, as well as ' any incidental financial or operating statements, as deemed ~as~~ necessary by the City or as the no~al course of operation shall d~ctate. All financial records shall be prepared and made available as provided by City and State laws. In the event that audits or examinations disglose shortages, or thefts of any t~e, 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 ~a~e~~~ and submit the same to the City C~y's next f~scal year ccmmcnc~n~ ~anuary ~. 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 ~f~ny':~,~rperson 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. -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. Personnel Requlations. The Operator further agrees: (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 ~~ ~._.~~egm~ to ensure tha~ ~ey =~I1 g ~ ~nelr 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. ~perator's Compensation. As compensation for the Operator's services rendered under this Agreement the City shall pay to the Operator a fee of $1500.00 per year payable in installments on January 1, April 1, July 1, and October 1 each year during the term of this Agreement. Section 4.2. Reimbursements of ODeratinq Expenses. The City shall reimburse the Operator for all of its out-of-pocket expenses +i~'~ ........ ~ ...... ~ .... ~ ~ .... ~ incurred by the Operator pursuant to this Agreement in the operation and maintenance of the Parking Ramp. The Operator shall submit, along with any request for reimbursement, documentation of its expenditures, which documentation shall be reasonably satisfactory to the City. The City shall reimburse the Operator for the actual costs of Operator's employees' time spent performing maintenance functions at the Parking Ramp. The amount of such compensation shall be equal to the employee's base salary multiplied by 130%. Sectio~ 4.3.~ Time of Payment. Payments to the Operator ~'~$~9~pgDsas~o~an~relmDursemen~s snail be made on eac~ J~~prlI 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 -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 Parking Ramp under this Agreement. in ~'hich Opcratcr is f~und t~ bc 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 (21 if the Opera,or sh~l sell, assign, or pledge this Agreement ~'-~ ...... -'~ -'~- ............. defauI~ De ma~e in ~ne periormance o~ any o:c ~ne covenants and agreements to be performed by the Operator; or (4) if the Operator shall, ........ ~ ~-his~-'-~--~.~..~ ~-~..~,,~, fail to comply with any of the statutes, ordinances, rules, orders, regulations or re~irem~ts of the federal, state, or clt overnments ~ ard ....... · f ~He Operator shall file a petition ~n 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 ~ 30 ~0 days after written notice thereof, unless such default is incUlPable of being cured within said % ~ ~76 days and the Operator provides written assurances, satisfactor~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 te~ninate this lease because of a violation of this section, upon such te~ination, 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 ~~!~~6~et~0n to terminate this operation and maintenance agreeme~af any ~lme after two (2) ycars upon 120 days written notice. Section 6.4. Termination by City. The City shall have the right to terminate this Agreement at any time after twc 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. 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 -8- 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. Assiqnabilit¥ 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 By Itc STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. The foregoing instrument was acknowledged before me this ~"~'¥~ ~T~~ by and day of ~, ~ , 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 foregoi~g, instrument was acknowledged before me this day _o...f...~, ~j.~93, by ~ii~!~i!~ and Park~.~.~.~.~.~.~.~.~?~:~:~.~.:~:~Minn~ ~i~ ~ behalf of the corporation. ~fh\co[~bia. Notary Public -11- CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gary. L. Peterson Robert W, Ruemmann City Manager Patrick Hentges MEMO DATE: TO: FROM: JULY 10, 1995 PATRICK HENTGES, CITY MANAGER ~ DON SCHNEIDER, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT RE: CITY COUNCIL AGENDA ITEM 9b, AGREEMENT 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. Post-it' Fax Note 7671 Date 7-/'~J- ~3"'--- I pagesl # ol ~ { From'T'~ Phone ~ , --_ memo 'SERVICE IS OUR BUSIHESS' E2UAL '3PFDRTUHIT': E'viPLO ~E:R OF J)ISABILIT ' lt,l E,!IPLOYME'IT C~ Tide PRG','I~IO~ CF SERVICES 11:42 BOS Barna, & S effen, Ltd. 4(}0 Northto~n Fina~r. ial I~la--'a 200 Coon R~mlcts Mirm~polt;, MN ¢t21 780-8500 FAX (61Z) 780-1777 P. I DATE: TO: ¢OMP.a.,q~ / I.,OCATI ON: June 15, 1995 Donald Schneider Ci=¥ of Columbia HaightI/H~A COM~AR¥'S FAX NO.: FROM: Hike Hurley ~ESSAGEI Pursuant to our ~elephone conversation, encloaed pleaee find a copy of correspondence I eon= =o ~e previous City ~ttorney on ~anuar~ 2~, February 2, and March L~ of 1993, E~¢losed also you will find a Copy Of ~he final am assuming my client never executed t~e mane and will conCac~ ~.hem to see if ~.he¥ had done ~he aaH. TOTAL PA~S INCLUDING THIS 8HL~ET: Please notify Annetta &~ 612-780-$]00 if all pages are not receivod. The intor~ation contained in this facslaile message is privileged and confidential information intended only for ~e use cf ~.he individual or entity nanet above. If the reader of message is no= *.he branded reotpien~, or t~e ~ployee or agent reGponaible to deliva= it to ~e l~tanded =eclpien=, you are hero~¥ no=i~ed ~a= a~y dissemination, diaCrlbu=lon or copying of ~im communication ia mtrictly prohlbit~d. If you have recaived ~his communica~ion in error, please immedia~ely notify us b~ ~alep~one~ and ~eturn ~.~e orlqlnal meesage to um a~ ~e above address via ~he U.S. Postal Service. We will be ~aPP2 ~o Original will NOT follow original vii1 follow cc: Dr. Spencer Johnson (752-a100) wo/oncs o26 BGS Bama, Guzy & Steffen, Ltd. ATT~..NEY,"; AT LAW 400 Nk)rthtt~n Min~d~ MN 55433 (6~2) 7~5~ F.~ ~6i2) 7~-~7 January 26, 1993 ~r. John Kalligher Kalina, Wills, woods, Gisvold & Clark Suite 200 941 Hillwlnd Road NE Mim~eapoli~ MN 55432-5964 Dear Mr. Kalligher; Enclose~ please find a revised draft of the Agreement which we discussed. The Agreement is being reviewed by my client for app=oval. Please let me know if you have any further ~uestions or suggeste~ changes to the document. Sincerely, Michael F. Hurley MFH:set Znclosure cc: Gary VanHouse .29 : 1993 Mr. JoAn Kalligher Ka!ina, Wills, Woods, Oisvold & Clark Suite 200 941Hillwind Road NE Minneapolis MN 55432-3964 1~: Parking Ramp Lease Dear John: Enclosed please find an original and three copies of agreement Between =he Cit7 of Columbia Heights and Columbia Park Medical Group for =he operation and maintenance of f. he parking ramp. Ky clien= has indica:ed r. ha= ~he agreement as modified is accep:able. Please have the appropriate parties from =he City execute the same and ret~=n i: to me for ny client's execution. If you have any questions on the same, please con~a~c me. Sincerely, MicAael F. Hurley HFH: set Enclosure c¢: Gary VanHouse BGS Bama, Guzy & Steffen, Ltd. March 16, 1993 Hr. John Kalligher Kalina, Wills, Woods, Gisvold & Clark Suite 200 94.1 Hillwind Road NW MJ~nneapolis, HN 55431~-5964 RE: Parking Ramp Lea:;e Dear John: On F~bruary 2, 1993, i sent you the original and three c~pies of a proposed Agreement between the City of Col~m~ia Heights and Columbia Park Medical Group for ~he 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 th,s Agreement has been ex~cuted and if so, please send t, he original of ~he Agreement to me for execution by my client. If you have any questions, please contact me. Sincerely, Michael F. Hurley CC: Gary VanHouse t July 20, 1995 Page 2 Se I have changed the dates for the notarization and the party who will sign on behalf of the Medical Group. During our meeting, we also discussed some other issues raised by the Clinic. A) The Contract provides that the operator shall not engage in any other business in the parking ramp. I have indicated to you that the Clinic has, in the past, provided flu shots as a community service. The flu shots are delivered to the residents on the parking ramp. I have enclosed a copy of a letter from the Clinic that outlines this service. It is my understanding that the City does not have any objections to this activity. B) Definition of material damage, Article 2.1(f). The Contract provides that the operator shall report to the City within 48 hours after becoming aware of any material damage or injury. In that it is impossible to define what material damage consists of, my client or their insurance agent will contact you within 48 hours after any personal injury or any property damage which, under its existing policy, must be reported. c) Attendants. The clinic has advised you that they do not have attendants on duty full time at the ramp. The custodian at the facility does monitor the ramp during business hours of the Clinic. However, on evenings and weekends when the Clinic is closed, there is no one at the facility who monitors the ramp. My client will contact you to provide a name of an individual to contact 24 hours a day if there are any problems that arise at the ramp during the hours the Clinic is closed. D) The Clinic has indicated that they have experienced some problems regarding teenagers loitering on the ramp. They are unsure if they can demand that these individuals leave the ramp, in that the ramp is owned by the City and is public property. My client has indicated that if there are individuals who are loitering in the ramp or creating any problems, they will ask them to leave. If they refuse, my client will avoid any confrontation and contact the police and have them deal with the situation. I hope this letter adequately reflects our conversations regarding this lease. Thank you for your time and cooperation in reviewing this lease. Pursuant to your request, I will have July 20, 1995 Page 3 redlined and execution copies of this lease hand-delivered to you today. Sincerely, MFH: amw cc: Columbia Park Medical Clinic Attn: John Mohr -p AGREEMENT BETWEEN THE CITY OP COLOMl3IA HEIGHTS AND COLOMBIA PARK MEDICAL GROUP POR THE OPERATION AND MAINTENANCE OP A PARKING RAMP THIS AGREEMENT, made as of the 25th day of July, 1995, 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 July 25, 1995, and ending on July 25, 2000unless said term shall be terminated or extended as providedherein. 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 arereasonably necessary to operate the Parking Ramp. lf (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 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 contract 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 with the advice and consent 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 -3- notice to comply, in addition to other remedies set forth herein, enter upon such premises and take all steps necessary to insure compliance with the above obligations. 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. Damage 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 Regulations. 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 if attendants are required under this Agreement to ensure 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 Operatinq 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. Assignability 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 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. By Gary Van House Its: Chief Executive Director STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. The foregoing instrument was acknowledged before me this day of July, 1995, by and , the and of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. The foregoing instrument was acknowledged before me this day of July, 1995, by Gary Van House, the Chief Executive Director of Columbia Park Medical Group, P.A., a Minnesota corporation, on behalf of the corporation. \mfh\col~nbia. fin Notary Public -10- 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 i~!~ day of~??':~:':~;"~:':?~A~ ....... ....... ~, i~i~1993, between the City of Colu~'~'~'~' Heights .......... ~'~reinafter ~:~rred 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~"'~'~'~'f~'~'~'~'~'~'{:~'~'~'~'"~'"~'iic 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 ?::.:?.i~:?:.:~.-.?~!~!~ii~!!?~i~'-'-'.ic.~ ~_~^~ ....... ~ ~ ~ o ~ date ~f -"~- ~-~ ~' ~ ~ ~^-~:'~':':~'~?:'~':c':':'"":~"~e:"'"":~'~'~ r~_~. ~ -- ~-~ ..... ~ ..................... ~ ...... ~ and ending on thc date .~'d~'.'"~nzess'"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, reasonabl satisfactor at all times to Operator ........ ~'~"'"~'"di'~'~'~'~' 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~.~ 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 ~..~..-..~~ ~' ...... .~+~... +~-~..~ 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 as it~ cpcraticn.'.-ill reasonably pcrmit; making all the following: (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 systemSli~i!.ii~_i.i.~i~!ii.i~i~iliiiii!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 --3-- of the Operator hereunder and to retain consultants to supervise and direct Operator in its ~i~i~i~ maintenance and operation of the Parking Ramp. In the event that the Operator shall fail to comply with .9.~ 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 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 i~!~iiii~i~~!!!!!i~~~; and that personnel authorized by the'~'~'~~-~'~"~'~"~i~"~o audit and examine said records.~ ...... ~99~__.9~__.9.~.~__.9.~_._~9Y__.~.~ d ur i ng r egu 1 a r bus i n e s s h o u r s ~i~iiiiii~!i~ii!iii~iiiiii~~i~iiiiiiiiii~i~i~i~ii~iiiiiiiiii~iiiiiii!iiiii~ :~:i:~'~:~:~:~:~:i:~ 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 ~~ necessary by the City or as the normal course of :~:~:~-"~: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 ~i~~i~i~i~ and submit the same to the City by July~:~:~:~:~:'~:~:~:~:'~:~'~:~:':~ '~i'~'~'"~"'~'"'""~'~'~'~?'"'"fiscal year ccmmcncin~ January i. 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~iiiiiiiiiii~i~ 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. -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. Damage 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 !~!?!?!?ii~~ ~?~i~i~?~i~i~i~!i~~ii~ii~i~ ~i~~ to ensure tha~ ............. ~'~'~ ............. ~'~'~:'~'~'~' 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 ExDenses. 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%. ................... ~.F~.~9~....~..~.~.~ ......... Ti~e...o.f...Pa~ent- Pa~nts to the Operator ~:~.:.:.:.:~.:.~.:.:.:~:.:~.I:.~:~:.:.:~:~:~:`:.:.:.:~:¥::~::~::~:::::::::~:~:~:~::::::~:~:~:~.:.:.:~:~:~:~:~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 -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 Parking Ramp under this Agreement. in '.'hich Opcratcr is fcun~ to bc 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) Tkc 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 /21 if the Operator shall sell, assign, or pledge this Agreement ~'~'ff6~h~'~'--~f--~'~-~f-'~h~ covenants and agreements to be performed by the Operator; or (4) if the Operator shall, in tkc operation of ~ ~'~-~~ Ramp, fail to comply with any of the statutes, ordinances, rules, orders, regulations or requirements of the federal state or cit overnments rc~ardin~ t~hc , , Y g ~ ~ .......................................................... . ................................... 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 ~ ~ i~!9 days after written notice thereof, unless such default is incapable of being cured within said % ~ ~ days and the Operator provides written assurances, satisfactof~'~'~' 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 i~iiiiiiiiiiii~i~iiii'iiiiii~i~iiiiiiiiiiii~i~i~~ to terminate this operation and mainte~'~':':'~:~'~'~'~'~'~'~'~':'~'~:'~'~'~me aftcr ~.~ .... ~,'~' ycars upon 120 days 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. 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 -8- 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. Assignability 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 By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of ~, ........... ~:~:~:~:~:~.....~:i i~i~i~i .... , 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 P~r~:~::~:~::~:~:~::~::~:~:~:~:~:~:~:~::~:X:~:~:~:~:~:~:~:~:~:~:Minn~s~t~ corporation, on behalf of the corporation. \mfh\coLumbia.ram Notary Public -11- CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Jolly Bruce G. Nawrocki Gary. L. Peterson Robert W. Ruettimann City Manager Patrick Hentges MEMO DATE: TO: FROM: JULY 10, 1995 PATRICK HENTGES, CITY MANAGER ~ DON SCHNEIDER, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT RE: CITY COUNCIL AGENDA ITEM 9b, AGREEMENT 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. Post-it' Fax Note 7671 Date co.¢ pt. Phone ~ Phone~ memo 'SERVICE rS OUR BUSINESS" E,SUAL OPPQRTi;hlT', EMPL(DYEN THE ,S',¥'r OF COLUMBIA HE!GHTS DOES NOT C;SCRIMtr4ATE 'DN THE BASIS OF [DISABIL',T'? ~N EMPLOY,%lE'uT OR TlaE PRGVISIOIh CF SERVICES 2f- BGS Barns, Ouzy& Steffen, Ltd. ATT~RNCY'3 .AT 4~ Nor~town Financial 2~ Coon ~ids Boul~'a~ Minneapolis, MN 55433-5894 (612) 7804500 FAX 161Z) 780-i777 P. I DATB: TO: COMPANY/LOCATION: June !$, 1995 Donald Schns£der City of Columbia HalghCa/HRA COMPANY'S FA~ NO.: FROM.' Hike Hurley ~E$$AGEI Pursuant Co our telephone conversation, enclosed please find a copy of correspondence I sear Co ~e previous City tC~ornay on ~anua~ 26, Yebr~ 2, and March 1~ of 199~, ~clos~ also y~u will ~ind a copy of ~e final Agr~men= negoCiatmd be~we~ ~e pa~iel. Please let me ~ow if ~t8 ~eemenC was ever ~acucmd ~ ~he City of Collie Heights. l am nesting ~ client never executed C~e same an~ will conrac= ~ ~ lee if ~e~ ~a~ ~Qne ~e ~ame. TOTAL PAG~,~ INCLUDING TH%S SHL~T: 15 Please notify Annette et 612-780-B~00 if all pages are not r ace ivmd. The information con~a£ned in ~his facsimile message is attorney privileged an~ ¢onfi~ential info=ma=ion in=ended only ~or ~he use of ~he lndivi~ual or entity neme~ above. If the reader ~ this message is nsc the intended reoipienC~ or =~e employee or agent reaponsiMle =o delive= l~ =o ~e lm=ande~ =eclpienC, y~u are hersMy noC£fled ~h&~ any dismemlna~ion, dim~ribu~lon or copying of ~hla communication ia s%rlctly proh£bttsd. If you have received this communication in error, please lmmedia~el¥ notify us ~y telephone, and return ~.~e original message to us a~ the above address via ~he U.S. Postal Service. We will he happy Co reimburse you for the F~s~age. x Original will NOT follow __original will follow cc: Dr. Spencer Johnson (782-B100) wo/encs .26 BGS Bama, Guzy & Steffen, Ltd. 400 Northtt,~n Fimm:ial Minn~d~ MN 55433 January 26, 1993 Nr. John Kalligher Kalina, Wills, Woods, Gisvold & Clar~ Suite 200 942 ~illwind ~oad NE Minneapolis MN 55432-5964 Dear Mr. Kall£gher: · Enclosed please find a revised draft of the Agreement which we disc~ssed. The Agreement is being reviewed by my client approval. Please lethe know if you have any further or suggested changes to the document. Sincerely, Michael F. Hurley ~FH:set ~nclosure cc: Gary VanEouse Bama, Guzy & Sreffen, Ltd. AT'I~'~RN~ AT LAW 400 No~tmm F~c~l Pl~-~ 2~ C~xm Rapi~ ~:levaM Mi~r,,l~, MN 53433 (6t2) 780-85~ FAX (612) 7~-1777 Mr. Jo~n Kalligher Ka!ina, 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 t. he City of Columbia Heights and Columbia Park Medical Group for the operation and maintenance of the parking ramp. My clien= has indicated ~hat the agreement as modified is acceptable. Please have the appropriate parties from the City execute the same and return it to me for my client's execution. if you have any questions on the same, please contact me. S:L.ncerely, Michael F. Hurley MFH:set Enclosure cc: Gary VanHouse March 16, 1993 Mr. 3o~n galligher Kalina, Wills, Woods, Gisvold & Clark Suite 200 941 Hillwind Road NW Minneapolis, MN 55432-5964 RE: Parking Ramp Lease Dear John: On F~bruary 2, 1993, i sent you the original and three copies of a proposed Agreement between the City of Col~m~ia Heights and Columbia Park Medical Group for the operation and maintenance of a parking ramp. It is my understanding that the Agre~mentwas 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 MFH:set CC: Gary VanHouse CITY COUNCIL LETTER Meeting off 7/24/95 AGENDA SECTION: NEW BUS1NESS ORIGINATING DEPARTMENT: CITY MANAGER NO.iTEM: 9 PUBLIC WORKS~ ;1.~~ ATTENDANCE AT APWA CONFERENCE BY: K. Young,, BY' DATE: 7/17/95 kO DA . NO. BY PUBLIC WORKS SUPERINTENDENT q ~}0 The American Public Works Association is holding their annual International Public Works Congress and Exposition in Dallas, Texas from September 23-28, 1995. The Congress is an excellent opportunity to gain information on all areas of Public Works. Insight will be gained on the latest in equipment and construction methods and materials. The 1995 budget includes funds for attendance at this conference. The estimated cost to attend is $1,500.00. RECOMMENDED MOTION: Move to authorize the Public Works Superintendent to attend the APWA 1995 International Public Works Congress and Exposition, September 23-28, 1995, in Dallas, Texas, and that all related expenses be reimbursed from funds budgeted in 601- 49430-3105, 602-49450-3105, 601-49430-3320 and 602-49450-3320. KKY:jb 95-432 COUNCIL ACTION: PU"tPOS:E, OF ~: HOW WII.T. TI-liS AcrrvITY ~ YOU A.N~/OR YOUR. DEE~LT~I'r? P :I.~A~E ATTAC/-i ANY BR.OCk-'T37.1~ 0~1. IN'~O]~IATION Rw'rA~ TO ~ ~. NA-M~ .4.N"D LDC.&TION OF ~'T; DA.T-r.: FR.OM TO A_MOUNT OF ADVAN~ TR.~.N~OP. TA'IION -I~T~d.S, LODGING AND ~~~ ~ TOT~ ~VA~ ACCOb~ COD~ CITY ~G151'$ APPP. OVAL: DAT=' IN SIGN"iNG ~E.LOW, I .071492 AMERICAN PUBLIC WORKS ASSOCIATION 995 ~_Jnternationa/ ~)ublic Q~gIorP~ C~on]re~* ~ ~x?oaition (GOOD ONLY UNTIL SEPTEMBER I, 1995) DALLAS, TEXAS SEPTEHBER 23 28, 1995 Return Registration Form With Payment to: APWA Registration Center Dulles International Airport Dept. 680 Washington DC 20042-6080 FAX Credit Card Payments to: 703-318-7568 Or Call: 1-800-765-7616 PLEASE I, IAKE EXTRA COPIES OF THE REGISTRATION FORM AS NEEDED. ABOUT REGISTRATION: I. The following form must be completed and returned with full payment before your registration can be processed. 2. Please complete a seal, rate registration form tor each Congress partidpant. 3. Fees are in U.S. Funds. 4. Cancellations and requests for refunds must be in writing. A ~ull refund, less a $50 administration fee, will be made ~ written notice is postmarked by August 31, 1995. SoT, no refunds of ~stration tees or tickets will be issued after August 31, 1995. 5. Refunds will be made re later than thi~ days after the Congress. THE PRE.REGISTRATION FORM IS GOOD ONLY UNTIL SEPTEMBER, I, 1995 No p~registration fo~ will be accepted after September I, 1995. After September I, 1995, ~s~tJons will be accepted on- site only. On-site n~tration will begin Saturday, September 23, 1995. knJlUd TNfS F0~ TO: APWA AZGB~W~OW Cimi~, [~,F~s ImmAnem~ AL,~L Din. &80, WAmmG~Xd, K 20042-0&80, FAX C~[o~ CA~O rAWnN~ m: 70MIS-7S&8 CONGRESS PRE-REGISTRATiON (PLEASE PAINT) THIS PNE.NEGISYNATION FORK IS GOOD ONLY UNTIL SEPTEMBER, I, 199S APWA MEmoir ID# &u~ NK~tlU~ (E.G. DAn, Fu(Z,'~","SHnEY", ILm[: lflL[: OIGAmatm/Coe,~Jn: ~U. mG S~ATEIPItonNcE: D~flm[ PliOWE NU(IIEP,: Is Tins Tm fast CO~G~SS.~ YES [] No [] SPOUSE/PAUN[X REGISTNATION &u)G~ N~ ([.G, DAn, JAm,'Doc', NAHE: F~ NlmeE~ k IOO IffED S~CI~L JZitr~S O~ C~Ul. IqllSllaal lQ mEN[ Wine us~unEs AcT (ADA), ~ c~ Al'WA e 11~724100, ~. 587 tim. I~TUT~ lUCLmXS Emu~v.~ me mE LU~Sm~: ALL ~ SZSS~O~ eT ~D ~ AWO~ uc~rno~ ~ C~[nmn:. Am mE Wmis~e Eorno~ ~e iAJ~E~. LnmED RLG~T~ I~.LUOES m o~ mE AB(~ EXCEPT ~ W~o~s~T ~Ecmm Aim BA~Q~ CJflEf EL[~IED 0UIOAL ~TIAT~ III~.U~T Citify Im TN[ [~G~OS~Qa Me ALL FI)G&~ S~SWG 0lILT R E G I S T R A T I ~ C REGISTRATION FEE REGISTRATION FEE NUMBER OF TOTAL .................. r ................ ,,~u,o, n,,, ,v,, ,.A, ~u,,n, BEFORE JULY 21 ATTENDEES [] Furl ~ember $345.~0 $195.w $ __ [] limed J~ember /~ ~ [] Full Non-Hember ,' ~ $44S.' --~- '- $495." ~ ~ $ _ [] limhed Non-Member $395. [] Full Spouse/Partner $1 r0.' SI 10.m $ __ [] limited Spouse/Partner $ 65.'~ $ &5.e $ __ [] Chief Elected Official No Charge No Cha~e DAY/PROGRAM FEE NUMBER AnENOING TOTALS IdONOAY [] CEOLun~heo~ &Business ~e~g (11:30 am-I:00 pm) $25.' $ __ [] ~WA Luncheon & Business ~eetm8 (11~0 if~l~ pm) $25.~ $ TUESDAY [] P~SLm & Business ~eebng (11'.30 im-I~ pm) $25.~ $ WEDNESDAY [] Aecepao~ & Banquet (6.00 pm. 10:00 Pm) TECHNKAL TOURS Irom ~ flptt ~ Hotel. J'Jeose ~-,,~,~ ~ ~ ~ jb,,~q~,,c~. PREFERENCES [] k,o..~ M EM ~ (P~ ~0 peon) S~0.' S __ [] C~ I~, DemUre h,~ ~ 20 pu~) SI0.' $ __ [] ~dm* Wme,-,m O,,,~q ~ pb,. tS peq~) St0.' S __ [] O~al (JmnK~m ~ I~ peq~) $10.* , $ __ [] Ammw o~ I~ ~ ~ lo p~) Si0.' $ __ [] ~ r~ Detem~ V~h (H, 20 pe~) SI0.' S __ PRE-COHGRESS SEMINARS NUMBER OF SAT. SEPT. 23, 8:~OAM'4:3OPM MEHBER NON-MEHIER A~ENDEES TOTAL ~ ~ul Presemfions For Winning iesulu ~ Coping With Cutbacks $145.= $19S? $- ~ ~a~nt ~actices: Cmcb~ A ~ ~sessment $14S. RETURN Tu~s FORM To: APWA REGIStRAtION CENTER, DUtLES IHTERNAtlONAL A~RPORT, DEPt. 680, WASmNGtON, DC 20042-0680, FAX CRemt CARD PAYMENTS tO: 703-318-7568 CONGRESS PRE-REGISTRATION (PLEASE PRINT) THIS PRE-REGISTRATION FORM IS GOOD ONLY UNTIL SEPTEMBER, I, 1995 APWA MEMBERSHIP ID# BADGE NICI~NAME (E.G., DAVE, JANE, "Doc", "SHILEY", ETC.): NAME: TITLE: ORGANIZATION/CoMPANY: BILLING ADDRESS: STREET ADDRESS/PO BOX: STATE/PROVINCE: DAYTIME PHONE NUMBER: Is Tills YOUR FIRST CONGRESS? YES [] No [] SPOUSE/PARTNER REGISTRATION BADGE NICKNAME (E.G., DAVE, JANE, "Doc", "SHILEY", ETC.): NAME: CITY: ZIP CODE/POSTAL CODE: COUNTRY: EAX NUMBER: IF YOU NEED SPECIAL SERVICES OR EQUIPMENT, PURSUANT TO THE AMERICANS WITH DISABLITIES ACT (ADA), PLEASE CALL APWA AT 816-472-6100, EXT. 587. FULL REGtSIRA11ON INCLUDES ENTRANCE INTO Tile EXPOSITION: ALL PROGRAM SESSIONS: GET AQUAJNTED PARTY: AWARDS RECEPTION ANDCEREMONY: AND THE WEDNESDAY RECEPHONANDBANQUET. LIMITED REGtSTRA110N INCLUDES ALL Of THE ABOVE EXCEPT THE WEDNESDAY RECEPTION AND BANQUET CHIEF ELECIED OFFICIAL REGISTRATION INCLUDES ENTRY INTO THE EXPOSHION AND ALL PROGRAM SESSIONS ONLY REGISTRATION CATEGORY REGISTRATION FEE REGISTRATION FEE NUMBER OF TOTAL BEFORE .JULY 21 DEE$ [] Full Member $345.°° $395.0o $ [] Limited Member /,,,'~'/ $295.0o $345? $ [] Full Non-Member '~ ~' $445.0o ~.~-~-. ~ $495.0o ~ ~ $ [] Limited Non-Member $395? $445.°e $ [] Full Spouse/Partner $110.0o $1 I07 [] Limited Spouse/Partner $ 65.0o $ 65.0o $ [] Chief Elected Official No Charge No Charge DAY/PROGRAM FEE NUMBER ATTENmNG TOTALS MONDAY [] CEO Luncheon & Business Meeting (I 1:30 am-I:00 pm) $25? $ [] CPWA Luncheon & Business Meeting (I I:30 am-I:00 pm) $25." $ TUESDAY [] PWHS Luncheon & Business Meeting (I 1:30 am-I:00 pm) $25.0o $ WEDNESDAY [] Receplion & Banquet (6:00 pm-10:00 pm) $65.~ $ TECHNICAL TOURS NOTE: Technical Tour sizes are limi&ed. All tours deparl from the Hya(t Regency Hotel. Please indicate first and second preferences. P R E F ER E N C ES WEDNESDAY-3:OO PM [] Automation of Flood Control (Max. 30 people) $10." $ [] Elm Fork Wa(er Treatment Plant Ozone System. (Hax. 20 people) $10.0o $ [] Cole Park Detention Vault (Max. 20 people) $10." $ [] Southside Wastewater Dewatering Facility (Max. 15 people) $107 $ [] DART Construction (Max. 15 people) $10.°~ , $ THURSDAY-9:OOAM OR 12:OO PM 9AM ' I gPM [] Automation ol Flood Control (Max. 30 people) $107 $ [] Elm Fork Waler Treatment Planl Ozone System. (Max. 20 people) $10.m ~ ~ $ r [] Cole Park Detention Vault (Max. 20 people) $10." $ [] Southside Wastewater 0ewatering Facility (Plax. 15 people)$10.m $ [] DART Construction (Max. 15 people) $10." $ . PRE-CONGRESS SEMINARS NUMBER OF SAT. SEPT. 23, 8:3OAM-4:3OPM MEMBER NON'MEMBER ATTENDEES TOTAL [] Powerful Presentations For Winning Results $145.00 $195.°~ . $ [] Coping With Cutbacks $1457 $1957 $ [] Management Practices: Conducting A Self Assessment $1457 $195.00 CITY COUNCIL LETTER Meeting of: 7/24/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ~ ITEM: AWARD OF CONTRACT TO BY: K. Young ~ BY: NO. SEALWELLATJACKSONPOND q ~ DATE: 7/17/95, o DATE: On May 30, 1995, City Council authorized staff to seek bids to seal the well at Jackson Pond. The bid opening was held on July 13, 1995, and the following two bids were received: E. H. Renner & Sons $ 9,500 Layne Minnesota $11,500 The amount budgeted in 652-49499-5130 for this work is $15,000. River, Minnesota, for the low formal bid of $9,500.00. Proposals were sent to 11 companies. Staff recommends awarding the bid to E. H. Renner & Sons of Elk RECOMMENDED MOTION: Move to award the bid to Seal Inverted Well at Jackson Pond, Municipal Project #9511, to E. H. Renner & Sons, of Elk River, Minnesota, based upon their low, qualified, responsible bid in the amount of $9,500.00 with funds to be appropriated from line item 652-49499-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KKY:jb 95-428 COUNCIL ACTION: BID OPENING: PROPOSAL CITY OF COLUMBIA HEIGHTS, MINNESOTA SEAL INVERTED WELL - JACKSON POND MUNICIPAL PROJECT #9511 JUNE 27, 1995 THURSDAY, JULY 13, 1995, 1:00 P.M. Seal inverted well $ 9,500.00 STARTING DATE July 19 t 1995 COM?LETION DATE July 30, 1995 *** FACSIMIIJE COPIES WII,L NOT BE ACCEPTED AS A RESPONSIBLE BID *** We the undersigned agree to furnish the necessary labor, materials and equipment to complete the work in accordance with the specifications. We understand that this proposal may not be withdrawn for a period of sixty (60) days from the date of opening. FIRM NAME E.H. RENNER & SONS, INC. ADDRESS 15688 Jarvis Street NW Elk River, MN 55330 PHONE (612) 427-6100 Roger E. Renner, President (Print or Type Name Date July 12, 1995 CITY COUNCIL LETTER Meeting off 7/24/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS 4 ~ ITEM: FINAL PAYMENT FOR BUILDING BY: K. Young~ BY: 'xx~ NO' ACCESSIBILITY IMPROVEMENTS q ~) DATE: 7/17/95 "'~. DATE: '-~' ' Attached is the Certification for Final Payment for Building Accessibility Improvements, Municipal Projects #9425 (Automatic Door Operators), #9212 (Gauvitte), #9216 (Ostrander), #9218 (Silver Lake Beach) and #9219 (Keyes Park). The final payment of $3,125.94 completes the project. Staff is recommending approval of final payment to PMI Construction Company and acceptance of the work. RECOMMENDED MOTION: Move to accept the work for Building Accessibility Improvements, Municipal Projects #9425, #9212, #9216, #9218 and #9219 and to authorize final payment of $3,125.94 to PMI Construction Company of New Brighton, Minnesota. KKY:jb 95-431 COUNCIL ACTION: APPLICATION AND CERTIFICATE FOR PAYFIENT AIA DOCLrYlENT G702 TO OWNER CITY OF COLL~IIA HTS. PROJECT: COLU~IA HTS. PARKS ACCSS, APPLICATION NO: 4 DISTRIBUTION TO: 590 ~OTH AVE. ~ ]L~g~0LIS,~ COLL~IA ~TS, ~ 55421 PERIOD TO : 30-Jun-95 OWNER FROM CONTRACT FOR PMI CONSTRUCT[ON VIA : COL, HTS. P~, ~RKS/~NG. DEPT. ARCHITECT'S 2310 W.Cty Rd, D, #6 (ARCHITECT) PROJECT NO New Brighton, 55112 COLUMBIA HEI~ffS PARKS CONTRACT DATE BUILDI~ACCESSIBtLITY [~OICE ~. 9425,9212, ARCRITECT 9216/18/19 CO,'~{ACTOR DEC. 30,94 9419/4 (FINAL) CONTRACTOR'S APPLICATION FOR PAY~iT APPLICATION IS ~DE FOR PAYM~T, AS SBO~ BELOW tN CONNECTION WITH THE CONTRACT ;COgitATION SHEET AIA DOLD~ G703 IS ATrACHHD, C~E ORDER SI2~tY ,M)DITIONSDEDUCTIONS C~NGE ORDERS APPROVED IN PREVIOUS ~THS BY OW~ $0.00 ..................................... 1 ............................ APPROVHD THIS ~NTH NUMBER DATE APPROVED 9212-1 2-17-95 520.43 9212-2 2-27-95 3,152.97 9425-1 6-13-95 107.27 TOTALS $3,780,67 $0.00 N~dT C~NGH BY C~NGE ORDEIE $3,780.67 THE UNDERSIGNED Co,vrRACTOR CERTIFIES THAT TO THH BEST OF CO,YIHI~CTOR'$ DiOW],EDGE, I~OP,~TION A,~ BI~,IEF THE ~RK COVERED BY THIS APPLICATION FOR PAYMENT HAS BH}~I COMEiTED IN ACCODA~E ~ITH THE CO~Y1T~CT DOOJM~S THAT ALL AMOUNTS :HAVE BEEN PAID BY THE Co~Yr}IACTOR FOR ~ORK FOR WHICH PREVIOUS CERTIFICATES FOR PAYMKYr WIZHE ~ ISSUED AND PAYMENT~ RECEIVED FROM THE OW]~ER AND THE ~ PAYMENT SHOV/N HEREIN IS 5EH{ DUE. CONUT~ACTOR: PHI CONSTRUCTION 2310 ~.Cty Rd. D, #6 Ne~ Brighton, 55112 DATE: 30-Jun-SS ARCHITECT'S CERTIFICATE FOR PAY)~'NT: IN ACCORDANCE WITH THE CONq'RACT DOCU>IK~TS,BASED ON ON-SITE OBSERVATIONS t THE DATA C0~RISING THE ABVE APPLICATION, THE ARCHITECT CERTIFIES TO THH OWNER THAT TO THE BEST OF THE ARCHITECT'S ILNOW- LEDGE, INFORMATION XND BELIEF THE ~RK HAS PROGHESSD A5 ID[CATED, THE ~UALITY OF THE ~ORK IS IN ACCORDANCE WITH THE CONTRACT DOOo,"~'N]5, AND THE CONTRACTOR IS [5'tITLED TO PAYMENT OF THE .(vd]jNT CERTIFIED. ORIGINAL CONTP~CT S~ NET CP~NGE BY C~gGE ORDERS $56,700,00 $3,780,67 3. CONTRACT SU~ TO DATE (LI~ 1+2) $60,480.67 TOTAL CO~LETED & STORED TO DATE (COLLF~N G ON G703) RETAI~GE: A. 0.0~ OF COMPLETED WORK $0.00 (COL.D+E ON G703) B. 0.0% OF STORED ~TERIAL $0.00 (COL,F ON G703) $60,480.67 TOTAL RETA[NAGE(LI~ 5A+SB OR TOTAL IN COL.I OF G703) $0.00 6. TOTAL EARNED LESS ItErAI~GH $60,480.67 (LINE 4 LESS LINE 5) 7. LESS PREVIOUS CERTIFICATHS FOR PAYMI~NT (57,354.73) (LI~ 6 FR~ PRIOR CERTIFICATE) 8, C~ PA3C~'NT DUE $3,125.94 9. BALANCE TO FINISH, PLUS RETAI~GE $0.00 (LI~ 3 LESS LI~ 0) ........... STATE OF: M ~ COUNTY OF: ~ ,~ ,~i,S E' T SUBSCRIBED/h~U SWOP~N TO BEFORE ~ THIS ~qT~ DAY JO~F ,1995 NOTARY PUBLIC: , l; ~:?.;~;L.~ '-"-'" _.i.. ~ ~,,~,tso~,~ ' ) 09-24-97 ~:~,;g~,~."~:.7.q ~ .... '-es 9-24-97 ,~ ~k~,~~ I~lo ~0~mission e:~¢"_'~_._,,r....-~ } ~ C~TIFI~ $ (A~ACH ~P~TIOS IF g~ C~TIFI~ DI~ ~0~ ~ &~. ~PLI~) TX ~NGINEER: ATE: '3 {iq 195 miS CERTIFICATE )tS NO$ ~GOTL)B~, THE &'qOLNI' CERTIFIED IS'PA¥~ O~Y TO THH CONTRACTOR NAMED 1tifFiN, ISSUANCH, PAYI, I~ AND ACCEPTANCE OF PAYMKNT ARE WITHOUT PREJUDICE TO ~NY RIGHTS OF THE OWNER OR Co~YrRACTOR UNDER THIS CONTHACT. G702-1983 PMI Construction Co. 2310 W. County Road D, Suite # 6 New Brighton, MN 55112 Ph. No . 636- 1499 Fax No . 636- 1699 COS? BREAKDOWN AIA FOP~ G 703 PROJECT ~.94-291 PItOJECT NA~ : COLL~IA ~S, P~ ACCSS. ~PLICATION ~. : 4 ~PLICATION DA~ : 29-Jun-95 P~dEG L~ATION : COLL~IA HEIGIFS PAGE : I OF 1 P~IOD ~: 30-J~-95 A B C D E F G [~ DE~I~IO~ OF h~ SCH~D ~ P~ ~IS ~I~ ~ ~ K~E ~AI~ NO. V~L~ ~PLICATtON P~IOD P~S~Y CO~L~ TO FINIS~ ................................................................................................................................................ G~ CO~ITIOSS 1,900 1,900.00 0 0 1,900.00 100 0 0 ~OBILI~TION 1,800 1,800.00 0 0 1,800.00 100 0 A~,~R 0P~ .~IAL 4,500 4,500.00 0 0 4,500.00 100 0 0 ~R 2,500 2,500.00 0 0 2,500.00 100 0 0 D(X)RS/Fltt~ES/I]D.WAP~ ~T~RIAL 13,000 13,000.00 0 0 13,000.00 100 0 0 MR 6,850 6,850.00 0 0 6,850.00 100 0 0 0 ~[~ P~TITI~S ~A~IAL 2,500 2,500.00 0 0 2,500.00 100 0 0 LABOR t,000 t,000.00 0 0 1,000.00 100 0 0 0 TOI~ ACCESSORIES .~IAL 1,700 1,700.00 0 0 1,700.00 100 0 0 LABOR 750 750.00 0 0 750.00 100 0 0 0 SIGNS ~t~IAL 500 500.00 0 0 500.00 100 0 0 I~BOR 100 100.00 0 0 100.00 100 0 0 COSCRETE/~SO~Y ~TERIAL 1,000 1,000.00 0 0 1,000.00 100 0 0 LA~OR 3,200 3,200.00 0 0 3,200.00 100 0 0 PAI.~I~ ~IAL 500 500.00 0 0 500.00 100 0 0 ~R 1,800 1,800.00 0 0 1,800.00 100 0 0 PLYING ~IAL 4,000 t,000.00 0 0 4,000.00 100 0 0 MR 7,100 7,100.00 0 0 7,100.00 100 0 0 ~.~.~ICAL .~IAL 500 500.00 0 0 500.00 100 0 0 ~0R 1500 1,500.00 0 0 1,500.00 100 0 0 C~S C.O. # 9212-1 (GR,~B BARS) 520.43 520.43 0 0 520.43 100 0 0 C.0. # 9212-2 (~I~) 3,152.97 3,152.97 0 0 3,152.97 100 0 0 C.O. # 9425-1 107.27 0.00 t07 0 107.27 100 0 0 0 0 0.00 ELECTRICAL 0.00 0.00 0 0 0.00 0 0 0 TOT.~ 60,480.67 60,373.40107.27 0.00 60,480.67 0 0.00 CITY COUNCIL LETTER Hooting of July 24, 1995: AGENDA SECTIOh[: New Business ORIGINATING DEPT.: CITY MANAGER NO:~ Recreat ion APPROVAL ITEM: Authorization to seek bids for BY: Randy Quale, BY the purchase ef emergency lights and exit Recreation Director/- signs for John P. Murzyn Hall. DATE: 7-17-95 The emergency lights and exit lights in John P. Murzyn Hall need to be replaced. Currently, 15 of the emergency lights and 16 of the exit signs will not function properly in the event of a power failure. After consultation with an electrician, it was determined that the battery recharging units in the emergency lights and exit signs have failed. The electrician indicated that it would be more expensive to replace the battery recharging units than to purchase new emergency lights and exit signs. Since properly functioning emergency lights and exit signs (equipped with battery back-ups) are required by state code, it is vital that the lights and signs be replaced as soon as possible. The funding source will come from the capital outlay area of the JPM budget that was originally budgeted for JPM roof ventilation improvements. RECOHMENDED MOTION: Move to authorize staff to seek bids for the purchase of emergency lights and exit signs for John P. Murzyn Hall. COUNCIL ACTION: F: FILES \ADMIN\CCLIGHTS CITY COUNCIL LETTER Meeting of: 7/24/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS BY: ITEM: AUTHORIZATION TO SEEK BIDS TO LINE BY: K. Young i\ NO. THE SANITARY SEWER ON RESERVOIR BLVD. DATE: 7/17/95 xO DATE: FROM 37TH AVE. TO 39TH AVE.~rO.r/~, This 10" vitrified clay pipe sanitary sewer line was televised by staff. The line was constructed in 1927. The pipe is structurally sound and the pipe joints are aligned; however, root growth is intruding into the line at each joint. Root intrusion traps solids in the line and causes sewer backups. Staff proposes to have the existing pipe lined with a thin flexible pipe. The liner becomes rigid as it bonds to the existing pipe through a chemical process. Funds are budgeted in 652-49499-5130 for this project. RECOMMENDED MOTION: Move to authorize staff to seek bids to line the sanitary sewer pipe on Reservoir Blvd. between 37th Ave. and 39th Ave. KKY:]b 95-430 COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: JULY 24, 1995 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO.: 9 FINANCE APPROVAL ITEM: FULL-TIME METER READER BY: WILLt~kM ELRITE BY: POSITION NO.: ' .. Approximately 12 years ago the meter reader position in Columbia Heights was a full-time, Public Works position classified as a Maintenance I Worker. At that time, to reduce costs and in an attempt to arrive at better service for our customers, the position was converted from Public Works to two part-time meter readers in the Finance Department. In this transfer, the major cost savings came in the salary reduction. At the current rates, the salary difference between a Maintenance I meter reader position and an Accounting Clerk meter reader position is in excess of $7,700. In addition, by going to two part-time positions, the City saved $3,420 in insurance benefit costs; all other significant benefits are the same for part-time and full-time positions. Additional costs in maintaining two part-time positions versus one full-time position are two City vehicles that are necessary and uniform rental for the two positions. The costs for each of these two positions for uniform rental, cellular phone, vehicle maintenance, depreciation and insurance is approximately $2,400 per year. The biggest negative we have experienced with part-time meter readers is finding capable, dependable people to fill the position. Since this was converted to a part-time position, we have had approximately 12 meter readers and only three have worked out successfully. In several cases, the meter reader is the only City employee that :residents have contact with, and the impression of the City is then based on their impression of the meter reader. Over the period of the last twelve years, I have received numerous complaints from residents regarding the meter readers. These complaints include things they have said to residents, lack of consideration for the resident's households, such as tracking in mud and dirt without attempting to prevent it, meter readers not getting correct readings, and even meter readers filling in the meter reading books strictly based on their prior readings without going to the residents' homes. We are currently down to one part-time meter reader. This individual is very good and we have received very positive comments.. Rather than attempting to fill the remaining part-time position, it would be beneficial to the City to convert this back to a full-time meter reader position. The additional cost involved in this conversion from two part-time to one full-time meter reader would be approximately $1,000 per year, which :is the additional expense for the City's employee insurance package, less the decrease of costs maintaining two City vehicles and uniforms for the second meter reader. The initial major savings in converting this position from Public Works to Finance of $7,700 salary reduction would still exist. With the conversion to a full-time position, the current part-time meter reader would very possibly remain with the City for an extended period of time. RECOMMENDED MOTION: Move to authorize the creation of one full-time Meter Reader position in lieu of the two current part-time Meter Reader positions with the pay range remaining the same as the part-time position. WE:dn 9507173 COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: JULY 24f 1995 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO.: 9 FINANCE APPROVAL ITEM: AUDIT ENGAGEMENT LETTER BY: WILLIA~ BLRITE BY: NO.: . · DATE: 7/17/9'5 In 1992 staff prepared a request for proposals for auditing services for three-years with the option of extending it for an additional two years. The firm of Tautges, Redpath & Co. had the best proposal and was the best overall economic value for the City. They have performed the City's audit for the last three years, and their level of service has been very good; they are constantly available during the year to aid staff when assistance is needed, and provide quality update information at no additional charge. Based on this, it is staff's recommendation we accept the optional two years under their proposal to have them complete the City's audit for 1995 and 1996. They have reduced their audit fee for 1995 and 1996. The total cost for the 1994 audit was $27,445, as outlined in their original proposal. For 1995 they are proposing a cost of $26,000 and for 1996 they are proposing a cost of $27,000. It should be noted that the major cost savings have occurred in the area of the HRA audit, primarily' due to the fact that the Finance Department is now keeping HRA records. With this change, the financial records for HRA are now in accordance with generally accepted accounting principles, all accounts are in balance, and all other appropriate accounting procedures are followed. With this in place, it has reduced the cost of the HRA audit by $1,950 for 1995 compared to 1994. RECOMMENDED MOT[ON: Move to authorize the Mayor and City Manager to enter into a contract with Tautges, Redpath & Co., Ltd. to complete the City's audit for the year 1995 and 1996, as outlined in their letter of June 26, 1995. WE:dn 9507174 Attachment: Letter from David J. Mol, 6/26/95 COUNCIL ACTION: June 26, 1995 Ct..r_F'7<, Cily cf William Ekite, Finance Director City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 Dear Bill: As you requested, enclosed are audit engagement letters for the City of Columbia Heights and the Columbia Heights Fire Relief Association. As we discussed, the HRA has been combined with the City for engagement letter purposes. These contracts are sLmilar to the previous contracts. However, these contracts are for a two year period covering the audits of 1995 and 1996. Section I of the contract defines the scope of services to be provided. Section III relates to fees for our services. As has been previously discussed, we will not be issuing separate reports relating to the HRA. As such, we anticipate a reduction in fees. The following schedule is of prior year fees and proposed fees for 1995 and 1996: Year City HRA Total Acme: 1992 $19,185 $5,564 $24,749 1993 20,530 5,772 26,302 1994 21,495 5,950 27,445 Proposed: 1995 22,000 4,000 26,000 1996 22,800 4,200 27,000 The above fees are based on anticipated cooperation from City personnel and the assumption that unexpected circumstances will not be encountered. We have enjoyed working with you and your staff for the past three years and look forward to continuing our association with the City of Columbia Heights. Upon approval of this agreement by your council, please return one copy to our office and retain the other copy for your files. If you have any questions, please do not hesitate to call. Sincerely, TAUTGES, REDPATH & CO., LTD. David J. Mol, CPA 4E':: ¢,*.'.~ Be:::' Park¢,a.., · Wr-,:'..e !Bea" Lake M:nnesota 55410 · 612,a26-7000 · FAX/426-5004 ,, Member of HLB In!ernat~ona! CITY COUNCIL LETTER Meeting of: 7/24/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ITEM: AUTHORIZATION TO ATTEND FLEET BY: K. Young~,, BY: ~ DATE: 7/19/95 xO NO. MAINTENANCE ADVANCED TRAINING qla,,y,2 DATE: The Central Garage is using a program, "'Fleet Maintenance" in the daily operation of tracking vehicle preventive maintenance, parts inventory, vehicle history and printing work orders, repair orders and reports for billing the various departments within the City. There have been several updates made to the program over the time span the City has been using this program, the last being in June of 1995. There are many areas within the program which we could better utilize with the additional training. DP Solutions, Inc., is offering a user conference and training session October 2-6, 1995 in St. Petersburg Beach, Florida. They will be including training emphasizing custom reporting, inventory management, fuel tracking and various Federal regulations pertaining to EPA, OSHA and DOT. Tom Hosch and Barb Sandberg are requesting attendance at this 4-day conference and training course. Tom is responsible for input of data on vehicle maintenance including PM procedures, inventory, repair and work orders and training other shop personnel to be familiar with the program. Barb is responsible for making up the reports for Finance and the various departments as well as monthly and yearly reports. She is also required to input data for Tom during vacations, sick leave and other absences plus training other personnel. Staff has compiled a list of problems and enhancements which will be covered at the conference and which could be incorporated into the program with the additional training. The conference and training have been budgeted in 701-49950-3105 and 701-49950-3320. The Garage budget includes monies for Tom Hosch to attend the APWA Conference in Dallas, Texas. It is felt that the Fleet Maintenance Conference in Florida would be more beneficial to Tom Hosch. RECOMMENDED MOTION: Move to authorize the attendance of Tom Hosch and Barb Sandberg at the Fleet Maintenance Users Conference and training October 2-6, 1995, by DP Solutions, Inc. in St. Petersburg Beach, Florida, and that all related expenses be reimbursed from funds in 701-49950-3105 and 701-49950-3320. COUNCIL ACTION: P~E AI~fACI-I ANY BP-OCk-'U~ 01~ I1N~FORMATION ;~wrATJiD TO %'br~ ~. NA2V~: N.A.x~ A.ND LOCATION OF DA~ FP, OM TO A1MO~ OF ADVAN~-_- TiLA.N~PO!~TATION '~ LODGING .AND INCIDENTALS OTI--Z~, - SP~:CIFY $ TOTAL ADVAN~ ACCOLrNT CODE: IiN SIGN]2qG BELOW, I · 071492 DP Solutions, Inc. 2~000 East EdgewoM Drive Lakeland, FL 33806 Tel: ($13) 666.2,330 FACSIMILE TRANSMITTAL FORM To: ~arb_ara Sandbur$ Fax: 612-782-2875 Company: Cit}, of Colurnbia Hei~Ls.. Ref: Date: 7-18-95 , Page: _ l _ of 5 From: Linda Meador If all pages are not received please call (81.3) 666.23.10 MESSAGE: Barbara: Enclosed is a tentative agenda for our upcoming annual Users' Conference. We have not filled in all our speakers, trainers, etc. As I mentioned to you previously, we do plan on having it again in Clearwater Beach, Florida. The dates will be October 2 - 6, 1995. We plan on emphasizing training this year, as you c. an see by the enclosed agenda. We also plan on emphasizing Federal regulations, as you will se by the Roundtable discussions on ISO, OSHA, EPA, and DOT, etc. The cost for the 3 day conference is $295 per person, and the additional trainin8 days (October 5 and 6) are $75 per I/2 day session. We will be having four 1/2 day sessions over these two days. Please call it'you need further information. Regards, IAnda Meador Administrative Assistant: Enclosure II~8'39Vd '14 LINH.-1~;:~-I-I,~SSH N,3;54 EE:Ol SE,, 81 -1Klf CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PATRICK HENTGES, CITY MANAGER JULY 21, 1995 CITY MANAGER'S REPORT REGULAR COUNC1L MEETING OF JULY 24, 1995 1) ZONING LEGISLATION The Legislature passed a bill effective July 1, 1995, which now requires cities to process requests related to zoning, septic systems, or expansion of the metropolitan urban services area within sixty days of receipt of such request. Since Columbia Heights is fully developed, zoning-related requests will be most affected. Staff is adjusting procedures for accepting applications for Planning and Zoning Commission items to meet these requirements. Please see attached memorandum from Tina Goodroad, Zoning Coordinator, tbr further information. 2) FAST C.O.P. GRANT APPROVAL Attached please find the notice of grant approval for the last Fast C.O.P. Grant position. On the agenda, I have also placed an item that would fully fund the position for three full years of the grant. The Acting Police Chief has received some interest from the U.S. Department of Justice to have a high ranking official from the department or even possibly Janet Reno to visit the city in the next thirty days to make a formal presentation on the grant. I will keep the Council apprised of any developments or arrangements of this nature. 3) SOAP BOX DERBY EVENT Attached please find a letter from Randy Quale concerning the Soap Box Derby Event. Jeff Siegfried has expressed an interest to conduct the event next year to coincide with the Jamboree and possibly utilize 40th Avenue as an alternative to 46th Avenue. It's our understanding that 40th will be overlaid by the County this year. If the Council so desires, we will be meeting with Mr. Siegfried early in 1996 to discuss next year's event. 4) ANOKA COUNTY' HRA SPECIAL BENEFITS LEVY Attached please find information concerning the proposed Anoka County HRA $72,000 special benefits levy. HRA Commissioner Bruce Nawrocki attended the intergovernmental meeting whereby the County HRA staff proposed the special benefits levy to be used for the development of senior housing and/or a residential rehab program. In order for the levy to become effective, each local jurisdiction within Anoka County will have to individually approve the levy for their town or city. The senior housing project involves a development of senior housing apartment buildings located in or around those communities who are participating in the program. The housing rehabilitation funding would be leveraged with outside grants and reallocated to those communities who authorize the special benefits levy. This was scheduled to be discussed at the last work session, but the other items went over time limits. I will schedule the item for a future work session, so as an answer can be forwarded to the County before the August 18 deadline. 5) FRANK PASTUZAK COMPLAINT Frank Pastuzak of the 500 Club called my office on July 17th to complain about the lack of bathrooms at the A & W Root Beer stand. His complaint is that since they are not required to have bathrooms at their business, the customers from the A & W come to his business to use his toilets. He feels this is not fair, and wants to know why the city does not mandate the A & W to have bathrooms. Mr. Pastuzak may appear at Open Forum on Monday night. 6) CHARTER COMMISSION Two new members have recently been appointed to the Charter Commission: Bill Antzaras and Theodore Landwehr, bringing the total membership to thirteen. Other members of the Charter Commission are: Ken Kronstedt, Steve Mihalchick, John Murzyn, Bruce Nawrocki, Gary Olson, Keith Roberts, Dick Schmidt, Theresia Synowczynski, Nan Tilkens, Lester Wodziak, and John Yencho. 7) FIRE DEPARTMENT EQUIPMENT PURCHASE The recently purchased new S.C.B.A. tanks are now in service. At this point, they have not been used in a working fire. Also, City Staff received the proposals on the civil defense sirens. We would like to discuss this at the next work session, hopefully on July 31, 1995, at 7 P.M. 8) COMMUNICATIONS The following information has been forwarded to the city: * Police Department Summary A.T.A.C. Enforcement * Suburban Rate Authority - 1996 Budget * Suburban Rate Authority - Model Electric Franchise Ordinance * L.M.C. - Model Telecommunications Ordinance * Anoka County - Residential Waste Management Guide cb 95/56 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55-121-3878 (612) 782-2800 Ma) or .lo~cph ,%H.u'dc', anl Councihncnfl~er~ l),muld (;..Iolh B,'ucc (;. Nax~ ~ocki (;arx l.. Pclcrson ('it} Manager Pulrick Hcnlgc~ Date: July 20, 1995 To: From: Pat Hentges, City Manager Tina Goodr~Zoning Coordinator Re: Time Deadline for Agency Action One July 1, 1995, the attached Article 18 of Chapter 248 "Deadline for Agency Action," became State law. The bill established a 60 day time limit for "agencies," including cities, to approve or deny any "written request related to zoning, septic systems or expansion of the metropolitan urban service area." If a city does not deny a request within 60 days (or obtain an extension), the request is automatically approved. The 60 day time limit begins upon the City's receipt of an written request and all information required by the City. Since Columbia Heights is fully developed, zoning requests will be most effective by this change. This will include the following: amendments to the Comprehensive Plan, amendments to the Zoning Map (rezonings), amendments to the text of the Zoning Ordinance, Variance requests, Conditional Use Permit requests, PUD's, and Subdivisions/Plats. Currently, staff processes requests and a decision is made within 30 to 50 days depending on when it reaches the City Council. I don't believe this bill will drastically alter the way we process requests. Staff will begin a procedure of not accepting an application and payment until all required information is submitted in full as required by Ordinance. Once all of the information is complete, the 60-day deadline will start. Any request and applications to the Planning and Zoning Commission are currently due two weeks prior to a meeting. Staff will be sticking to this deadline so legal notices can be mailed and reports processed. The 60-day deadline can be extended by providing written notice to the applicant stating reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. If you have any additional questions about this bill I will be happy to answer them. cc: Don Schneider, Comm. Dev. Director "SERVICE IS OUR BUSINES?' FQUAL OPPORTLIN~TY EMP[ Ov[:.R THE CITY OF COLUMBIA HEIGH'fS DOES NOT DISCRIMINATE ON I'VE BAF;IS OF DISABILITY IN EMPLOYMENT OR TFIE PROVISION OF SERVIE ES Section 1. [15.99] : ' , Article 18" DEADLINE FOR AGENCY ACTION [TIME DEADLINE FOR AGENCY ACTION.] Subdivision 1. [DEFINITION.] For purposes of this section, "agency" means a department, agency, board, commission, or other group in the executive branch of state government; a statutory or home rule charter city, county, town, or school district; any metropolitan agency or regional entity; and any other political subdivision of the state. Subdivision 2. [DEADLINE FOR RESPONSE.] Except as otherwise provided in this section and notwithstanding any other law to the contrary, an agency must approve or deny within 60 days a written request relating to zoning, septic systems, or expansion of the metropolitan urban service area for a permit, license, or other governmental approval of an action. Failure of an agency to deny a request within 60 days is approval of the request. If an agency denies the request, it must state in writing the reasons for the denial at the time that it denies the request. Subdivision 3. [APPLICATION; EXTENSIONS.] (a) The time limit in subdivision 2 begins upon the agency's receipt of a written request containing all information required by law or by a previously adopted rule, ordinance, or policy of the agency. If an agency receives a written request that does not contain all required information, the 60-day limit starts over only if the agency sends notice within ten business days of receipt of the request telling the requester what information is missing. ~ · (b) If an action relating to zoning, septic systems, or expansion of the metropolitan urban service area requires the approval of more than one state agency in the executive branch, the 60-day period in subdivision 2 begins to run for all executive branch agencies on the day a request containing all required information is received by one state agency. ~The agency receiving the request must forward copies to other state agenCies whose approval is required. ' ' ~ (c) An agency response meets the 60-day time limit if the agency can document that the response was sent' within 60 days of receipt of the written request. (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court order requires a process to occur before the agency acts on the request, and the time pedods prescribed in the state statute, federal law, or court order make it impossible to act on the request within 60 days. In cases described in th, is paragraph, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law, or order. Final approval of an agency receiving a request is not considered a process for purposes of this paragraph. (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state agency requires prior approval of a federal agency; or (2) an application submitted to a city, county, town, school district, metropolitan or regional entity, or other political subdivision requires prior approval of a state or federal agency. In cases described in this paragraph, the deadline for agency action is extended to 60 days after the required prior approval is granted. (f) An agency may extend the timeline under this subdivision before the end of the initial 60-day period by providing written notice of the extension to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. Section 2. [EFFECTIVE DATE.] Section 1 is effective July 1, 1995, and applies to any written request submitted after that date. U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Office of the Director 1100 Vermont Avenue, NW Washington, D.C. 20530 July 7, 1995 Captain Leonard Olson RE: Grant For: Columbia Heights 559 Mill Street Northeast Columbia Heights, MN 55421 Dear Captain Olson: I am pleased to inform you that the COPS FAST Community Policing and Budv, et Summaries you have submitted have been approved. Enclosed in this packet is your Grant Award, which you must sign to officially accept your grant. On the reverse side of the Grant Award is a list of Conditions that apply to your grant. You should read and familiarize yourself with these Conditions. Also enclosed is your Grant Owner's Manual which summarizes and explains your COPS FAST grant. It will assist you with the administrative and financial matters associated with your grant. The manual also explains many of the Federal government's commonly-used grant terms and answers many commonly-asked questions. You will also find materials relating to payment methods and procedures for receiving your grant funds. You should review the materials in your Grant Owner's Manual regarding the different methods of payment available to you. Should you have any questions regarding payment methods or any other matter discussed in the COPS Grant Owner's Manual, please do not hesitate to contact the COPS Office at 1-800-421- 6770. We have also enclosed two sets of mailing labels for your convenience. Please use the labels showing the name of your department and your grant number in the comer of all correspondence that you send to our office. You may use the other set of labels to address any correspondence to our office. The COPS Office will continue to serve your needs in a responsive and innovative manner. With your participation, I believe this office can accomplish its mission -- to provide local law enforcement with the resources they need, and in a manner that reduces the burdens ordinarily encountered when applying for a federal grant. Brann OPS Office U.S. Department of Justice Office of Justice Programs DATE: June 28, 1995 Washington. DC 20531 Grant Award # 95-CF-WX-3204 TO: FROM: SUBJECT: teve Edwards, G~ant Monitor, COPS Office Mountain,: Financial Analyst, COPS Branch, Office of the Comptroller Financial Clearance: Application # 5-2802-MN-CF, for the Columbia Heights. A financial analysis of budgeted cost= has been completed. Costs appear reasonable, allowable and consistent with existing guide- lines. APPROVED BUDGET Year 1 Per Officer Total Project Costs Annual Salary: $ 28,413 Fringe Benefits $ 13,331 Social Security: $ 412 Health Insurance: $ 3,240 Vacation: $ 1,045 Sick Leave: $ 1,158 Retirement: $ 4,333 Workmen's Comp.: $ 2,843 Deferred Comp.: $ 300 Total Salary & Benefits:$ 41,744 Items Disallowed/Deleted: Excess Medicare: $ 139 Salaries & Fringe Bene.:$ Federal share: $ Applicant Share: $ Officer(s) to be hired: Entry Level: Note: Local share appears to increase throughout the project. 140,774 75,000 65,774 1.00 COMMENTS: The total project costs decreased due to the deletion of excess Medicare. /D C COPS FAST AWARD U.S. DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES Grant #: 95CFWX3204 ORI #: MN00204 Vendor #: 416005069 Applicant Organization's Legal Name: Columbia Heights Law Enforcement Executive Name: Captain Leonard Olson Address: 559 Mill Street Northeast City, State and Zip Code: Columbia Heights, MN 55421 Phone Number: (612) 782-2846 Fax Number: (612) 782-2842 Government Executive Name: Mayor Joseph Sturdevant Address: 590 40th Avenue Northeast City, State and Zip Code: Columbia Heights, MN 55421 Phone Number: (612) 782-2800 Fax Number: (612) 782-2801 Award start date: March 1, 1995 Award Amount: $75,000.00 JUL - 7 1995 Date Award end date: February 28, 1998 Number of Officers: 1 By signing this award, the signatory official is agreeing to abide by the Conditions of Grant Award found on the reverse side of this document: Signature of Official with the authority to accept this grant award Mayor Joseph Sturdevant Typed Name and Title of Official Date CITY OF COLUMBIA HEIGHTS DEPARTMENT OF RECREATION JOHN P. MURZYN H^L,. 530 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 (612) 782-2860 Jeff Siegfried Friendly Chevrolet 7501 NE Hwy. 65 Fridley, M~ 55432 Dear Jeff: July 13, 1995 c' I [;*J ['~ b .l I just wanted to drop you a short note of thanks for your hard work on the Twin Cities Soap Box Derby held in Columbia Heights on July 8, 1995. The derby was a huge success thanks to you and your staff's efforts! You should be proud of your accomplishment of bringing the soap box derby back to Minnesota after a 22 year absence. Speaking on behalf of the City of Columbia Heights, I would welcome the opportunity to work with you again to host the 1996 Twin Cities Soap Box Derby. As we discussed, it may be advantageous to move the date of the derby to coincide with the annual Columbia Heights Lions Club Jamboree (usually the 4th week of June). When the planning process begins for the '96 jamboree I will make sure to contact you. Also, I will look into your request to utilize 40th St. (east of Central Ave.) as the future race site. Thanks again for bringing the Heights! soap box derby Sinc~ CITY Recz to Columbia .on Director HEIGHTS RQ/rq xc: Patrick Hentges, City Manager RQFILES: DERBY.TNX RECREATION SENIOR CITIZENS JOHN P. MURZYN HALL ANOKA COUNTY HOUSING REHABILITATION Assumptions: HRA Tax Levy of municipalities participating will total 250,000 to 500,000 Average rehabilitation project is 10,000 Levy can be leveraged 2-3 to 1 with grant funds Levy can be leveraged 4 to 1 with loan funds HRA Tax Levy Leverage x~th GrantFunds Total No. of Rehabs $250,000 $250,000-$500,000 $500,000-$750,000 50-75 $500,000 $500,000-$1,000,000 $1,000,000-$1,500,000 100-150 HRA Tax Levx, Leverage with Loan Funds Total No. ofRehabs $250,000 $1,000,000 $1,250,000 125 $500,000 $2,000,000 $2,500,000 250 *Grant and Loan Funds (MHFA, Federal Home Loan Bank, Metropolitan Council, Private Financial Institutions) *Loan Funds may create an "on-going" Revolving Loan Fund Anoka County Senior Housing Development July 12, 1995 Project Description · 100 units of market rent housing · 55,000 to 65,000 per unit cost (includes all construction and soft costs exclusive of land) · 65,000 units - Many amenities including underground parking · 55,000 units - Less amenities no underground parking · $175.00 per unit average monthly operating expense · Total Project Costs $5,500,000 to $6,500,000 · HRA Tax Lexw of municipalities panmipating w/Il total $200,000 SCENARIO NO. 1 · $6,500,000 Total Cos! · 7 Year $200,000 Contribution · $450.00 Monthly Renu SCENARIO NO. 2 · $6,500,000 Total Cost · 5 Year $200,000 Contribution /-/5-0 · $550.00 Monthly Rent SCENARIO NO. 3 · Total Project Cost $5,500,000 · 3 Year $200,000 Contribution · $450.00 Monthly Rent SCENARIO NO. 4 · Total Project Cost $5,500,000 · 2 Year $200,000 Contribution · $500.00 Monthly Rent Levy Committees Senior Development and Housing Rehabilitation Committees Anoka Count), HRA to consider: a. Senior Development Committee and Housing Rehabilitation Committee b. Municipalities that selected the respective options will be Members of the Committees. Committee Activity Senior Development Committee · Determine each Municipalities Senior Development needs · Determine participating municipalities and number of units · Select an architect, sites~ designs, prepare a prqiect program, evaluate financing options, determine how to maximize tax le%,, etc. · Advertise and Award Bids, Construction Housin~ Rehabilitation Commitlee · Determine methods to leverage tax lew funds (M}-IFA, Federal Home Loan Bank, Met Council, etc. · Determine allocation of Ftmds (by municipalit)', by rent and single family owner occupied) · Determine guidelines for administrating funds, select ad and who will administer the Housing Rehabilitation Programs. TO: FROM: SUBJECT: DATE: COLUMBIA HEIGHTS POLICE DEPAt~.~'E. NT Mayor Joseph Sturdevant Council Members Patric,k He_,,ntges, City Manager , Leonard M. Olson, Acting Police Chief Summary of 3rd Quarter, A.T.A.C. July 7, 1995 Attached you will find period three of the Anoka County traffic enforcement grant. Our officers regularly participate, including one sergeant. Total tickets issued were 46, and two encounters resulted in an arrest. Hours worked by our officers totaled 32. 95-202 Attachment Safe and Sober Report R-1-A DUE: thc 15th of thc next month Agency: COLUMBIA HEIGHTS P.D. For the Month of June 24 to July 8,1c. # of Enforcement Hours: 32 # During Safe & Sober Time Periods: # 3 Use the back side or az~'tional sheets of paper if necessary. Other information on the month's activities and any problems encountered: Enforcement Activities :]TO 14 24 41 Officer Training Information on additional officers to be added to the eligible list attached? Yes [] No [] Public Information and Media Relations Describe public information or media relations efforts during the month relating to your Safe dc Sober project. Include information on interviews and/or presentations. Attach copies of news releases or other print pieces you distributed and of any coverage of the project in news papers. Altorneys at Law' ROBERT A. ALSOP RONALD H. BATTY STEPHEN J. BI;BUL JOHN B. DEAN MAR',' G. DOBBINS CORRINE A. HEINE DAVID J. KENNEDY CHARLES L. LEFEVERE JOHN M. LEFEVRE. JR. ROBERT J. LINDALL ROBERT C. LONG JAMES M. STROMMEN KENNEDY & GRAVEN CHARTERED 470 Pillsbury ('enter Minneapolis Minnesota 55402 1612} 337-9300 Facsimile 1612} 337-9310 WRITER'S DIRECT DIAL 337-92313 MEMORANDUM JAMES J. THOMSON, JR. LARRY M. WERTHEIM BONNIE L. WILKINS JOE Y. YANG DAVID L. GRAVEN {1929-1991/ OF COUNSEL ROBERT C. CARLSON ROBERT L. DAV1DSON WELLINGTON H. LAW T. JAY SALMEN TO: FROH: RE: DATE: SRA Board and Alternates Jim Strommen 1996 SRA Budget Our File No. SU160--3 July 5, 1995 Attached is the 1996 SRA budget, approved at the April 19, 1995 Board meeting. We have received communication from several SRA cities that their councils have already approved this budget. 1996 Suburban Rate Authority Proposed Budget 1995 Assets: Cash and Investments (12/31/94) Receivables (1995 assessments) Interest Income (estimate as of 12/31/95) $25,076 64,800 2,000 TOTAL Anticipated 1995 Expenses: 1994 and 1995 Minnegasco Cases legal expert 1995 NSP Electric and Gas Matters legal expert Legislative Matters Local Calling Area Investigation Electric and Gas Franchise Matters Legislative Study of Franchises General (fees and disbursements) $4,000 1,000 6,000 3,000 10,000 4,000 5,000 14,000 18,000 TOTAL Reserve at December 31, 1995: April 19, 1995 $91~876 ($65,000) $26~876 1996 Assets: Carryover from 1995 Membership Assessment ($400 per vote) Interest Income (estimate as of 12/31/95) TOTAL Anticipated 1996 Expenses: Minnegasco legal expert NSP legal expert Telephone- legal expert Legislative Matters General Matters (fees and disbursements) Reserve at December 31, 1996: $26,876 64,800 2,000 $ 7,000 3,000 10,000 4,000 8,000 1,000 9,000 18,000 $93?676 ($60,000) $33,676 Attorneys at Law ROBERT A. ALS~)P RONALD H. BATTY STEPHEN J. BUBUL JOHN B. DEAN MARY G. DOBBINS ('ORRINE A. HEINE DAVID J. KENNEDY CHARLES L. LEFEVERE JOHN M. LEFEVRE. JR. ROBERT J. LINDALL ROBERT C. LONG JAMES M. STROMMEN KENNEDY & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612t 337-9300 Facsimile (612~ 337-9310 WRITER'S DIRECT DIAL 337-9233 MEMORANDUM JAMES J. THOMSON, JR. LARRY M. WERTHEIM BONNIE L. WILKINS JOE Y. YANG DAVID L. GRAVEN (1929-19~Jl) OF COL'NSEL ROBERT C. CARL.~ON ROBERT L. DAVIDSON WELLINGTON H. LAW T. JAY SALMEN TO: FROM: RE: DATE: SRA Board and Alternates Jim Strommen Amendments to Model SPA Electric Franchise Our File Ne. SU160-3 July 7, 1995 On June 13, 1995, I sent a draft of possible amendments to the SRA Electric Franchise to the Executive Committee for review. The Executive Committee recommended that we allow NSP to review the amended Electric Franchise prior to final approval. This is probably a prudent approach to avoid later conflict with NSP and allow for accommodation prior to full SRA board action. This course of action will result in a delay in the final SRA board approval of amendments to the model Electric Franchise. This is only an issue, however, to those cities ~haL are negotiating with NSP on a new franchise. The following is the approach: Circulate the amendments (enclosed) to the SPA board for discussion at the July 19, 1995 meeting. 2. Obtain feedback, without action, regarding the proposed changes. Provide NSP with a copy of a draft of the amended franchise agreement as it may be modified following the July 19, 1995 SRA. board meeting. 4. Discuss NSP's comments to the proposed changes. Reach a final version that is consistent with SRA interests and comments, accommodating NSP where SRA interests are no~ harmed. o Circulate final proposed SRA model Electric Franchise to the SRA board for a vote at the October 18, 1995 meeting. JMS:nac Note: Proposed Amendments highlighted. Deleted language from April 15, 1987 model ordinance referenced with "~" SRA UNIFORM ELECTRIC FRANCHISE ORDINANCE NO. CITY OF , COUNTY AN ORDINANCE GRANTING TO , A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN' IN THE CITY OF , MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. The City Council of the City of does ordain: SECTION 1. DEFINITIONS 1.1. "City" In this Ordinance, "City" means the City of , County of , State of Minnesota. 1.2. "City Utility System" means the facilities used for providing sewer, water, or any other public utility service owned or operated by City or agency thereof. 1.3. "Company" means corporation, its successors and assigns. , a Minnesota 1.4. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Division General Manager thereof at Notice to City shall be mailed to the City Clerk. 1.5. "Public Way" means any street, alley, or other public right-of-way within the City. 1.6. "Public Ground" means land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.7. "Electric Facilities" means electric transmission and distribution towers, poles, lines, guys, anchors, ducts fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public use. SECTION 2. FRANCHISE 2.1. Grant of Franchise. City hereby grants Company, for a period of ^ years from A, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. This right includes (i) electric energy that is generated by the Company, (ii} generated by others and purchased by the Company, or (iii) generated by others purchased by the retail customer and delivered Pf the Company. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to zoning ordinances, other applicable ordinances, permit procedures, and to the further provisions of this franchise. 2.2. Effective Date; Written AcceDtance. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and i~zs publication as required by la~ [and the City Charter]. An acceplance by the Company must be filed with the City Clerk within 90 days after publication. 2.3. Service Rates and Area. The service to be provided and the rates te be charged by Company for electric service in City currently are subject to the jurisdiction ef the Minnesota Public Utilities Commission. The area within the City in which the Company may provide electric service currently is subject to the previsions ef Hinneseta Statutes, Section 216B.40. 2.4. Publication Expense. The expense of publication of this Ordinance shall be paid by the Company. 2.5. Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall nctify tlne other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate negotiation. The parties will share equally the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within the thirty days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS 3.1. Location of Facilities. Electric Facilities shall be located and constructed so as not te interfere with the safety and convenience of ordinary travel a].eng and ever Public Ways and they shall be located en Public Grounds as determined by the City. The Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject te other reasonable regulations of the City. 3.2. Field Locations. The Company shall provide field locations for any ef its underground Electric Facilities within a reasonable period of ~ime en request by the City. The period of time will be considered reasonable if it compares favorably with the average time required by tine cities in the same county te locate municipal underground facilities for the Company. 3.3. Street Openinqs. The Company shall net open er disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit conditions imposed on the Company shall not be more burdensome then those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event the Company shall notify the City by telephone to the office designated by the City before opening or distributing a paved surface of a Public Way or Public Ground. Not later than the second working day thereafter, the Company shall obtain any required permits and pay any required fees. 3.4. Restoration. After undertaking any work requiring the opening ef any Public Way er Public Ground, the Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in geed condition for two years thereafter. The work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to the Company to cure and the passage ef a reasonable period ef time following the demand, but net to exceed five days, the right to make the restoration at the expense ef the Company. The Company shall pay to the City the cost of such work done for er performed by the City, including its administrative expense and overhead, plus ten percent additional as liquidated damages. This remedy shall be in addition te any other remedy available to the City. 3.5. Shared Use of ^ Facilities. The Company shall make space available on its poles, ^ towers or, upon timely request by the City, underground lines and conduit for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles,^ towers or underground lines and conduit by the Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. ^ The City shall pay for any added cost incurred by the Company because of such use by City. SECTION 4. RELOCATIONS 4.1. Relocation of Electric Facilities in Public Ways. Except as provided in Section 4.3, if the City determines to vacate for a City improvement project, or to grade, regrade or change the line of any Public Way, .or construct or reconstruct any City Utility System in any Public Way, it may order the Company to relocated its Electric Facilities located therein. The Company shall relocate its Electric Facilities at its own expense. The City shall give the Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation if ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, the City shall reimburse the Company for non- betterment expenses on a time and material basis, provided that i~ subsequent relocation is required because the extension of a City Utility System to a previously unserved area, the Company may be required to make the subsequent location at its expense. Nothing in this Ordinance requires Company to relocate, remove or replace or reconnect at its own expense it facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement.. 4.2 Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 4.3, City may require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at the Company's expense. The provisions of 4.2 apply only to Electric Facilities constructed in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right. 4.3 Projects with State or Federal Fundinq. Relocation removal~ or rearrangement of any ,Company facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Cor~any to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 Liability. Nothing in the Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. SECTION 5. TREE TRIFfMING The Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interfering with the proper construction, operation, and repair and maintenance of any Electric Facilities installed hereunder, provided that the Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION 6.1 Terms. The Company shall indemnify, keep and hold the City free and harmless frcm any and all liability on account of injury to persons or damage to property occasioned by th~ construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the City. The City ^ shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, the Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Litiqation. In the ewenn a suit is brought against the City under circumstances where this agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS The City shall give the Company at least two weeks' prior written notice of a proposed vacation of a Public Way. Except where required for a City street or o~her improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. SECTION 8. SUCCESSORS IN INTEREST 8.1 City. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 8.2 Company. Any change in the Company's form through merger, acquisition, corporate reorganization, dissolution or other legal act shall not affect the rights and obligations set forth in this Ordinance. SECTION 9. FRANCHISE FEE 9.1 Separate Ordinance. During the term of the franchise hereby granted, and in lieu of any ^ other fees being imposed on the Company, the City may impose on the Company a franchise fee of not more than five percent of l~he Company's gross revenues as hereinafter defined. The franclhise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 9.2 Terms Defined. The term "gross revenues" means all sums, excluding any surcharge or similar addition to the Company's charges to customers for the purpose of reimbursing the Company for ^ the franchise fee, ^ billed by the Company ^ for utility operations in the City, including the provision of electricity to its retail customers within the corporate limits of the City. Provision of electricity includes all electric power delivered by the Company whether generated by the Company, generated by others and purchased by the Company, or generated by others and purchased by the retail customer. The franchise fee may be imposed either (i) as a percent of gross revenues billed or (ii) as a fee per kWh delivered to any class of retail customers within the corporate limits of the City, provided, however, that the total of all franchise fees shall not exceed 5% of all gross revenues as defined above. The method of imposing the franchise fee, the percent of revenue rate and the cents per kwh rate may differ for each customer class. 9.3 Collection of the Fee. The franchise fee shall be payable not less often than quarterly, and shall be based on the gross revenues as defined above during complete billing months during the period for which payment is to be made. The franchise fee A formula may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. The Company may pay the City tlne fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds. The time and manner of collecting the franchise fee is subject to the approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make A available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 9.4 Conditions on the Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often collects substantially equal fee or tax ^ on the provision of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority to require ^ a substantially equal franchise fee or A tax. 9.5 Franchise Fee Formula. In the event that the Company can demonstrate to the City by reasonable evidence that; 1} a fundamental change has occurred in federal or state regulation of the Company causing a substantial change in the circumstances governing the Company's service of retail customers within the City and, 2) such change causes then currently imposed franchise fees to create a competitive disadvantage to the Company, the City and the Company agree that they will negotiate in good faith and attempt to restructure the formula of the franchise fee to reduce the shown competitive disadvantage to the Company, without reducing the City's total revenue recovery from the franchise fee. Unless and until a new formula or application can be agreed upon by the City and the Company, Section 9.2 of this Franchise will control. Prior to City approval of any modification to the fee formula to any customer class the Company shall have the burden of demonstrating to the City that such change(s) is allowed by law. In the event such change is challenged by any party, the Company will hold the City harmless and indemnify it as against any and all liability arising out of such change, including but not limited to damages, awards, judgments, attorneys fees, costs, injunctions or other sanctions. 9.6 Continuation of Franchise Fee. In the event this Franchise expires and City and the Company are unable to agree upon terms of a new Franchise, the franchise fee being imposed by the City at the time this Franchise expires, if any, shall continue in full force and effect until the new Franchise is agreed upon. SECTION 10. SEVERABILITY If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall net be affected. SECTION 11. AMENDMENT This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions ef the amendment, which amendatery ordinance shall become effective upon the filing ef the Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatery ordinance. SECTION 12. PREVIOUS FRAi~CHISES SUPERSEDED This franchise supersedes any previous electric franchise granted to the Company or i.~s predecessor. Passed and approved Mayor of the City of , Minnesota ATTEST: Clerk of the City of , Minnesota League of Minnesota Cities 3490 Lexington Avenue Norfl St. Paul, MN 55126-8044 To: City Managers, Administrators and Clerks From: Stan Peskar, General Counsel and Ann Higgins, IGR Representative Re: Attached Model Telecommunications Ordinance Date: June 6, 1995 Please bring the subject of adoption of a telecommunications ordinance to the attention of your city council and city attorney. Recent technological developments and changes in federal law make it possible for telephone and other electronics companies to compete to provide CATV and CATV-like services. Under Minn. Stat. §222.37, telephone and other similar companies may use public roads for purposes of constructing and operating their lines and other equipment. However, cities have the power tO: require location where they will cause the least disruption of other rights-of-way activities; · require restoration of street surfaces; and · relocate as needed at no cost to the city. In order to exercise these powers, a city needs effective ordinances controlling these types of matters. Adoption of fairly uniform ordinances in most of the cities of Minnesota will create a convenient environment in which telecommunications companies can operate and because they need not deal with disparate and sometimes conflicting local demands. Uniform ordinances also make it easier for the League to convince the legislature to continue to allow latitude for local regulations because it can be shown to be workable and not too burdensome to business. Please see also the background material on page 1 of the attached memo. EQUAL OPPORTUNITY,/.4AVFIRMATD. rE ACTION EMPLOYER 490460o 1-800-925-1122 TDD¢612~490-9038 Fax~612~490-0072 a researc:h .rr,~erno for city officials 475B.1 May 1995 Model Telecommunications Permit Ordinance ,~'~,,tt,q r'lesota Cities © 1995 League of Minnesota Cities All rights reserved Printed in the United States of America League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600 1-800-925-1122 TDD: (612) 490-9038 Fax: (612) 490-0072 May 18, 1995 Background to Model Telecommunications Permit Ordinance The following model ordinance is the result of a cooperative effort between James Strommen, of Kennedy & Graven Chartered, formerly Holmes & Graven Chartered in Minneapolis, attorneys for the Suburban Rate Authority ("SRA"), and Stan Peskar, General Counsel of the League of Minnesota Cities. The model ordinance is based primarily on an SRA model ordinance prepared by Mr. Strommen and Dave Kennedy, also of Kennedy & Graven. The SRA is a joint powers organization consisting of 32 Twin City suburban municipalities. The SRA has actively intervened in electric, gas,. and telecommunications matters before the Minnesota Public Utilities Commission since the Commission's formation in 1974. Kennedy & Graven acts as city attorney for a number of Twin City municipalities and is bond or special project counsel for other Minnesota cities. The purpose of the model ordinance is to provide uniform police power regulation over existing and new telecommunications equipment and facilities on public property. This is not a franchise. The right of Minnesota cities to require a franchise from telecommunications carriers is unclear, whether they be local service providers, long distance, cellular or providers of new technology such as video dialtone. This issue is the subject of a legislative study to be conducted in 1995 for a report to the legislature by February 15, 1996. The powers set forth in this model ordinance are consistent with police powers generally and specifically granted to home rule and statutory cities in Minnesota. To the extent franchise rights exist, these ordinances would still be relevant and applicable. The provisions in this model ordinance are typical of what would be included in a franchise agreement, with the exception of a provision for franchise fees (e.g., gross receipts) and the more comprehensive provisions found in a cable franchise. This ordinance allows cities to define rights and responsibilities regarding the location and relocation of utility equipment and facilities, repair obligations, public safety and indemnity. This ordinance does not apply to electric, gas, or cable utilities. They are government by Minnesota Statutes, Chapters 216B and 238, respectively. This ordinance should be reviewed carefully and coordinated with existing ordinances and permitting policies of your city. If you have any questions about the proposed provisions or the background to this ordinance, please call Stan Peskar at 612-490-5600 or James Strommen at 612-337-9233. c\sgp\sra.ord SRA/LMC Model Telecommunications Permit Ordinance CITY OF ORDINANCE NO. COUNTY, MINNESOTA An ordinance governing the construction, installation, operation, repair, maintenance, removal, and relocation of facilities and equipment used for the transmission of telecommunications or related services in the public ground of the City of THE CITY COUNCIL OF ORDAINS:~ SECTION 1. DEFINITIONS. Subdivision 1. The terms defined in this Section have the meanings given them. Subd. 2. Company. A natural or corporate person, business association, political subdivision, public or private agency of any kind, its-successors and assigns, who or which seeks or is required to construct, install, operate, repair, maintain, remove or relocate facilities in the city. Subd. 3. Director. The director of public works (or equivalent position at the city) or designated representative.2 Subd. 4. Facilities. Telecommunications equipment of any kind, including but not limited to audio, video, paging, facsimile or similar service, not governed by Minnesota Statutes, chapter 238, including all trunks, lines, circuits, physical connections, switching equipment, wireless communication equipment of all kinds, and any necessary appurtenances owned, leased or operated by a company on, over, in, under, across or along public ground. Subd. 5. Public Ground. Highways, roads, streets, alleys, public ways, utility easements and public grounds in the city. SECTION 2. PERMIT PROCEDURE. Subdivision 1. Permit Required. A company may not construct, install, repair, remove or relocate facilities, or any part thereof, in, on, over, under or along public ground without first obtaining a Permit from the city. 1 Enacting clauses are different in various charters. The statutory city enacting clause is used here. 2 "The director of public works, the city engineer, the street superintendent, etc." Some cities prefer to designate the city manager as the administrative authority in all cases relying on the manager to make the appropriate assignment. JMS88913 SU160-~7 1 Subd. 2. the director. Application. Application for a permit is made to Subd. 3. Issuance of permit. If the director determines that the applicant has satisfied the requirements of this ordinance the director may issue a permit to the company. An applicant may contest a permit denial or the conditions of approval by written notice to the clerk requesting a city council review within fourteen (14) days of the director's action. The Council shall hear any contest of the director's actions under this ordinance within forty-five (4!5) days of the city clerk's receipt of the contest notice. Nothing in this ordinance precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to the issuance of a permit set forth herein. Subd. 4. Permit fee. The application must be accompanied by the permit fee set by the city council by resolution.3 Subd. 5. Security for completion of work. Prior to commencement of work, the company must deposit with the city security in the form of certified check, letter of credit or construction bond, in a sufficient amount as determined by the director for the completion of the work. The securities will be held until the work is completed plus a period of months thereafter to guarantee that restoration work has been satisfactorily completed. Upon application of the company, providing such information as the director may require, if two or more work projects are to be constructed during a calendar year, the director may accept, in lieu of separate security for each project, a single.security for multiple projects in such form and amount as determined, in the discretion of the director, to be sufficient to assure completion of all projects which may be in progress at any one time during that calendar year and to guaranty that restoration work will be satisfactorily completed. The security will then be returned to the company with interest if required by law and then interest at the applicable statutory rate.4 Subd. 6. Inspection of work. When the work is completed the company must request an inspection by the director. The director will determine if the work has been satisfactorily completed and provide the company with a written report of the inspection and approval. 3 Many cities set permit and license fees annually by resolution. If this is not done, the actual fee should be inserted here. The amount of the fee should not exceed the amount reasonably expected to cover all city costs of administration', inspection and enforcement. 4 The rate of interest could be the statutory rate of recognized rate such as prime or a T-bill rate. % or some JMS88913 SU160-1? 2 SECTION 3. RESTORATION AND RELOCATION. Subdivision 1o Restoration. Upon completion of the work, the company must restore the general area of the work, including paving and its foundations, to the same condition that existed prior to commencement of the work and must exercise reasonable care to maintain the same condition for two years thereafter. The work must be completed as promptly as weather permits. If the company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the public ground to the same condition, the city may put it in the same condition at the expense of the company. The company must, upon demand, pay to the city the direct and indirect cost of the work done for or performed by the city, including but not limited to the city's administrative costs. To recover its costs, the city will first draw on the security posted by the company and then recover the balance of the costs incurred from the company directly by written demand. This remedy is in addition to any other remedies available to the city. Subd. 2. Company initiated relocation. The company must give the city written notice prior to a company initiated relocation of facilities. A company initiated relocation must be at the company's expense and must be approved by the city, such approval not to be unreasonably withheld. Subd. 3. City required relocation. The company must promptly and at its own expense, with due regard for seasonal working conditions, permanently relocate its facilities whenever the city requires such relocation. Subd. 4. Relocation where public qround vacated. The vacation of public ground does not deprive the company of the right to operate and maintain its facilities in the city. If the vacation proceedings are initiated by the company, the company must pay the relocation costs. If the vacation proceedings are initiated by the city or other persons, the company must pay the relocation costs unless otherwise agreed to by the city,s company and other persons. SECTION 4. COMPANY DEFAULT. Subdivision 1. Notice. If the company is in default in the performance Of the work authorized by the permit, including but not limited to restoration requirements, for more than 30 days after receiving written notice from the city of the default, the city may terminate the rights of the company under the permit. The notice of default must be in writing and specify the provisions of the permit under which the default is claimed and state the grounds of the claim. The notice must be served on the company by personally 5 Vacation proceedings are often initiated by property owners and occasionally by the city itself. This provision authorizes cost sharing among the city, company and property owners if agreement can be reached. JMS88913 SU160-17 3 delivering it to an officer thereof at its principal place of business in Minnesota or by certified mail to that address. Subd. 2. City action on default. If the company is in default in the performance of the work authorized by the permit, the city may, after the above notice to the company and failure of the company to cure the default, take such action as may be reasonably necessary to abate the condition caused by the default. The company must reimburse the city for the city's reasonable costs, including costs of collection and attorney fees incurred as a result of the company default. The security posted under Section 2, Subdivision 5 will be applied by the city first toward payment for such reimbursement. SECTION 5. INDEMNIFICATION. Subdivision 1. Scope. The company will indemnify, keep and hold the city, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, installation, maintenance, repair, removal, relocation or operation of the facilities affecting public ground, unless such injury or damage is the result of the negligence of the city, its elected officials, employees, officers, or agents. The city will notify the company of claims or actions and provide a reasonable opportunity for the company to accept and undertake the defense. Subdivision 2. Claim defense. If a claim or action is brought against the city under circumstances where indemnification applies, the company, at its sole expense, shall defend the city if written notice of the claim or action is given to the company within a period wherein the company is not prejudiced in the defense of such claim or action by lack of such notice. If the company undertakes the defense, the company shall have complete control of such claim or action, but it may not settle without the consent of the city, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the city. In defending any action on behalf of the city, the company is entitled to assert every defense or immunity that the city could assert in its own behalf. SECTION 6. OTHER CONDITIONS OF USE. Subdivision 1. Use of public qround. Facilities must be located, constructed, installed, maintained or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. The facilities are subject to additional conditions of the permit as established by the director including but not limited to (i) the right of inspection by the city at reasonable times and places; (ii) the obligation to relocate the facilities pursuant to Section 3, Subdivisions 3 and 4; and (iii) compliance with all applicable regulations imposed by the Minnesota Public Utilities Commission JMS889t3 SUl60-17 4 and other state and the federal law, including prompt compliance with the requirements of the Gopher State One Call program, Minnesota Statutes Chapter 216D. Subd. 2. Location. The facilities must be placed in a location agreed to by the city. The company shall give the city forty-five (45) days advanced written notice of the company's proposed location of facilities within the public ground. No later than 45 days after the city's receipt of the company's written notice the city will notify the company in writing of the city's acceptance or rejection of the proposed location. If the city rejects the company's proposed location, the city shall propose alternative locations. The city does not waive or forfeit its right to reject the location of facilities by failure to respond within the 45 days. Subd. 3. Emergency Work. A company may open and disturb the surface of public ground without a permit where an emergepcy exists requiring the immediate repair of its facilities. In such event the company must request a permit not later than the second working day thereafter and comply with the applicable conditions of the permit. In no event, may the company undertake such an activity which will result in the closing of a street or alley without prior notification to the city. Subd. 4. Street improvements, paving or resurfacing. The city will give the company written notice of plans for street improvements where permanent paving or resurfacing is involved. The notice must contain (i) the nature and character of the improvements; (ii) the streets upon which the improvements are to be made; (iii) the extent of the improvements, the time when the city will start the work; and, (iv) if more than one street is involved, the sequence in which the work is to proceed. Subd. 5. Company protection of facilities. The company must take reasonable measures to prevent the facilities from causing damage to persons or property. The company must take reasonable measures to protect its facilities from damage that could be inflicted on the facilities by persons, property, or the elements. The company must take specific protective measures when the city performs work near the facilities. Subd. 6. Prior service connections. In cases where the city is undertaking the paving or resurfacing of streets and the facilities are located under such street, the company may be required to install service connections prior to the paving or resurfacing, if it is apparent that service will be required during the five year period following the paving or resurfacing. JMS88913 su~60-~7 5 SECTION 7. FACILITIES.6 EFFECTIVE DATE AND APPLICABILITY TO EXISTINC Companies with facilities, in, on, over, under or along public ground on the effective date of this ordinance must take prompt action to comply with this ordinance and the permits authorized by this ordinance. A company, however, is not required to reapply for a permit obtained from the city prior to the effective date of this ordinance. A company is not required to pay the difference between the permit fee of a previously obtained permit and the equivalent newly obtained permit under this ordinance. Ail other provisions of this ordinance apply to existing facilities. SECTION 8. ACCEPTANCE OF REOUIREMENTS. By receiving a permit pursuant to this ordinance, the company accepts and agrees to comply with all of the requirements of this ordinance. SECTION 9. PUBLIC GROUND OTHER THAN RIGHT-OF-WAY. Nothing in this ordinance is intended to grant to the companY authority beyond that given by Minnesota Statutes Section 222.37 for use of t~ae public right-of-ways for construction and operation of facilities. If the city allows the company to use its non-right-of-way public ground, the terms of this ordinance apply to the extent they are consistent with the contract, statutory and common law rights the city owns in such property. SECTION 10. REGULATIONS~ PERMIT SCHEDULES. The director is authorized and directed to prepare suitable regulations and schedules for the administration of permits issued under this ordinance. SECTION 11. SEVERABILITY. If any provision of this ordinance is contrary to law and therefore unenforceable, such provision will be severed and will not affect the other provisions of this ord.inance. Passed and approved ATTEST: Mayor Clerk 6 Effective dates vary from charter to charter. In statutory cities, the ordinance is effective on publication. This section grandfathers fees already paid for an existing permit, but reqIuires compliance with the new permit issued under this ordinance. 0MS88913 SU160-17 6 SUPPLEMENTAL REGULATIONS Comment Many cities will have existing ordinances or regulations setting out the permitting process, insurance requirements, and other public safety requirements. If your city does not already have such provisions, the following sample regulations of the Direct or Public Works may give some suggestions. Such provisions could also be adopted by ordinance, but substantial flexibility to change as experience shows ways to improve the process may be desirable. Public Grounds Use Permittinq Regulations SECTION 1 APPLICATION FOR PERMIT. Any person desiring to so use public property shall apply for a permit or renewal of a permit a minimum of two (2) working days before starting work and must submit detailed plans for street or sidewalk use and pedestrian safety on major projects. This provision or portions thereof may be waived by the Director of Public Works in the event of an emergency. SECTION 2 GUARDING OF OBSTRUCTIONS, FENCES Any permittee obstructing any street, alley, sidewalk or other public property shall keep such obstruction or obstructions properly guarded at all times. From sunset to sunrise, all obstructions must be guarded by a sufficient number of warning lights placed in such manner that they will give proper warning of said obstruction. The Director of Public Works may require any permittee obstructing a sidewalk to build adjacent to such obstruction a tight board fence at least six (6) feet high, except at street intersections where a six-foot open board fence shall be built and maintained, and adjacent to each such fence shall be built and maintained a temporary walk at least four (4) feet in width for the use of the public with a railing along the outside edge of the walk at least thirty-six (36) inches high. The Director of Public Works may waive the requirement for a temporary walk when it.is determined that a temporary walk is not necessary and that pedestrians can more properly be protected by rerouting them to a walk across the street. SECTION 3 DERRICKS AND HOISTS PROHIBITED No person shall place or use derricks or hoists of any kind or any portion thereof, including outriggers and pads, upon any sidewalk unless the permit specifically permits such action. J~88913 SECTION 4 LIFTING Whenever any person applies for a permit for the use of a street or sidewalk or portion thereof for the purpose of hoisting or lifting equipment or material over, across and above said street or sidewalk, he shall provide for closing off those portions of the street and/or sidewalk encompassed within the lifting area with suitable barricades, signs, and warning lights and shall provide a four-foot pedestrian walkway around said lifting area, said walkway to be suitably enclosed on the street side with barricades and warning lights. SECTION 5 FLAGGERS The Director of Public Works may direct that flaggers, as described in Section 6F of the Manual on Uniform Traffic Control Devices for Streets and Highways, State of Minnesota, be used to control traffic. SECTION 6 NOTICE OF TRAFFIC CLOSURE The permittee shall notify the Director of Public Works when the permit area is closed to pedestrian and vehicular traffic and again when it is open to such traffic. SECTION 7 PERMIT REVOCATION Any permit issued under this chapter may be revoked at any time by the Director of Public Works when he finds it in the best interest of the City of SECTION 8 INSURANCE The permittee shall obtain liability insurance for both personal injury and property damage in an amount not less than $1,000,000. The City shall be named as an additional insured under that insurance for the services provided under the permit. The permittee's insurance will be the primary insurance for the City. Permittee shall provide a certificate of insurance on the City's approved form which verifies the existence of the required liability insurance coverage as well as worker's compensation coverage. SECTION 9 PARKING PROHIBITED The parking of private vehicles within or adjacent to the permit area is prohibited. The loading or unloading of trucks JMS88913 SU160-17 8 adjacent to the permit area is prohibited unless specifically authorized by the permit. SECTION 10 DOUBLE FEE Should any person or persons begin work of any kind without having first secured the necessary permit therefor, they shall be required to pay double the fee provided for such permit. SECTION 11 PERMIT TO BE DISPLAYED Permits issued under this chapter by the Department of Public Works shall be conspicuously displayed at all times for ease of inspection on the indicated work site. Approved by the Director. JMS88913 SU160-17 9 Anoka County Residential Waste Management Guide 1995 The choice is ours to have a polluted or clean environment. Please save this guide to reference waste management options. The Choice is Ours Together, we can make the choice to do all we can to further befriend and preserve our environment and natural resources. Reduce, reuse, recycle, compost and properly dispose of our waste stream relieving our environment of pollution. "Don't Let Minnesota Go To Waste." Table of Contents How to Prepare Recyclables ................................................ 1 Municipal Recycling Opportunities ............................................ 2 Recyclables accepted through curbside service, drop-off centers and recycling days Yard and Tree Waste ..................................................... 8 County compost sites; tree waste disposal sites Appliances ............................................................ 9 Major Appliance recycling options Carpet .............................................................. 10 Businesses that accept carpe? and carpet padding Electronic Equipment ..................................................... 10 Televisions, stereos, VCRs, etc... Fluorescent Lights ....................................................... 10 Packing and storing guidelines Household Goods ....................................................... 11 Donation opportunities for household goods Junk Mail ............................................................ 11 Steps to reduce junk mail Polystyrene ........................................................... 12 Outlets for different types of polystyrene Preparation for disposal of automotive products ................................... 13 Automotive Waste Outlets .................................................. 14 Household Hazardous Waste - Identification ...................................... 27 Request for Additional Information ........................................... 28 Complete and return if you'd like more information Household Hazardous Waste Collections .............................. inside back cover Printed on 50 % recycled content, minimum 15 % post-consumer waste, using soy ink. Anoka County staff obtained information for this guide by researching various directories, along with telephone verification. It is not intended to be an endorsement of any business liste& and any omissions or inaccuracies are unintentional. For additional listings, we recommend the Yellow Pages. ALWAYS CALL FIRST TO VERIFY INFORMATION BECAUSE POLICIES FREQUENTLY CHANGE. Recommended Preparation of Recyclables Aluminum Cans: Rinsing and crushing is reconm~ended, but not required. Aluminum Foil: Rinse or wipe off food debris. Auto/Truck Batteries: See Lead-acid Batteries. Corrugated Cardboard: Must be clean and free of grease/oil--n_0Q food, cereal, pizza, pop boxes, boxboard, or shiny coated cardboard packaging. Flatten boxes and bundle into 3'x 3' bundles, if required. Food Cans: Rinse and remove labels. Removing both ends and flattening the can saves storage space, but is not required. (Food cans are mostly steel and are lined with tin to protect the food.) Glass: Bottles and jars only. Rinse and remove all caps, rings, and foil labels (paper labels do not need to be removed). Sort by color: clear, brown, green, if required. No ceramics, heat resistant (Pyrex) glass, light bulbs, window glass, any other type of glass. (A sin~'~ ceramic coffee mug can cause a ten ton load of glass bottles to be rejected by the recycler.) Lead-acid Batteries: Leave caps on all motor vehicle batteries; store in an acid-resistant, leak-proof container (i.e., cat litter box). Magazines: Includes shiny magazines and small stapled catalogs. Place in grocery bag, do not tie. Does no___tt include thick J C Penney catalogs, comic books, or magazines/catalogs with newsprint pages. Newspaper: Must be clean and dry. Newspaper supplements may be included. Store in a grocery bag; do not bundle with tape (only Columbia Heights and Bethel residents may bundle with twine). No magazines or junk mail. __ Office Paper: High Grade - White and pastel colors, bonded, computer, copy paper, and plain white envelopes; all must be free of labels, stickers, and cellophane windows. Mixed Grade (Junk Mail) - Letters, cards, envelopes--both with and without windows--brochures, direct mail ads, glossy, and high grade papers. Phone Books: Check with your municipal recycling program, or local telephone directory publisher for drop-off/collection opportunities. Remove front and back covers, if required. Plastic: Rinse, remove all caps and rings, and flatten. Separation by type may be required: PETE #1 (pop and liquor bottles) and HDPE #2 (semi-transparent milk, water and juice jugs). Additional types of plastic may be acceptable--for example, all plastic bottles with a neck. No fertilizer, pesticide, chemical or automotive fluid containers accepted. -- , Scrap Metal: Remove all non-metal materials from scrap. Some metal may need to be cut to specified lengths. Tires: Metal rims may need to be removed. Used Motor Oil: Must be free of solvents, antifreeze, water, brake fluid, etc.; place in a plastic leak-proof container with a cap (i.e., plastic milk jug). Reeyclables ~ A IJ A A U S L L T E U U P O D S M M H A C I I F N C M O B M P R Recycling Made Convenient... N N O E A A N A O P A U U O W R G E P T T L P Check the recycling opportunities available M M D S D A L T O I at neighboring communites' recycling G P B Z P B A E T R A M drop-off centers for materials you are able C F C L A O I A O S R I N E to recycle locally. Many are open to all A O A A P A N P O T I R O C T County residents, and may be more N I N S E R E E K I E E I E A convenient for you. S L S S R D S R S C S S L S L ANDOVER 755-8118, ext. 13 Cindy DeRuyter, Recycling Coordinator ,/ c ,/ / / / ,~ m b c Curbside Collection Services Andover Recycling Center 15200 Tower Drive (next to water tower) Mon - Fri 8 to 4; Sat 9 to 2 Also accepts oil filters Spring & Fall Recycling Days 755-8118 Andover Recycling Center ANOKA 421-6630 Delores Pe~.erson, Recycling Coordinator / ,/ / d' / / m s b Curbside Collection Services Spring & Fall Recycling Days 421-6630 Parks Building, 640 Jacob Lane North Suburban Recycling 421-1187 Schwartzman, Max & Sons $ / / $ $ 2905 North Ferry Street Mon - Fri 8 to 4:30; Sat 8 to 11:30 BETHEL 434-4366 Dale Lundeen, Recycling Coordinator Bethel Recycling Center 149 237th Ave NW (behind Gerdin Auto) Mon- Sun 8 to 8 Spring Recycling Day 434-4366 165 Main Street (next to ,/ F~: Community Center) b = pop & liquor bottles & semi-transparent milk, water & juice jugs n = all small-necked plastic bottles h = high grade paper m = mixed grade/junk mail c -- call your hauler $ = redemption value received s -- seasonal - call your Recycling Coordinator Reeyclables A U A A U S L L T E U U P O D S M M H A C I I F N C M O B M P R N N O E A A N A O P A News Flash! u u 0 w R G E P T T L P M M D S D A L T O I Strong paper markets resulted in new G P B Z P B A E T R A M materials being added to collections in C F C L A O I A O S R I N E 1994: mixed paper, magazines and phone A O A A P A N P O T I R O C T books. These materials contributed 1,109 N I N S E R E E K I E E I E A tons to the 1994 recycling total. S L S S R D S R S C S S L S L BLAINE 785 -6192 Roark Hayer, Recycling Coordinator / ./ / ./ / / / m / n c Curbside Collection Services Monthly Recycling Days 784-6700 Police Station Parking Lot / / ,r ,/ / d' d. m / n tee 91st and Lincoln Reverse Vending Machine $ Cub Foods. Northtown -- Daily 24 hours BURNS 441-1347 Myron Burquest. Recycling Coordinator Bums Recycling Center (Bums Town Hall) ,/ / ,/ / / d' ,/ m ,/' n / ,/ 19800 Nowthen Blvd. Daily 24 hours Also accepts oil filters Spring & Fall Recycling Days 441-1347 Bums Recycling Center CENTERVILLE 429-3232 Randy Hagen'y, Recycling Coordinator ,/ / / / / / / m ~' b / / ./ c Curbside Collection Services CIRCLE PINES 784-5898 Peggy Link. Recycling Coordinator d' / / ,/ ,/ ,/ m s n Fee Curbside Collection Services Spring Recycling Day 784-5898 Also accepts oil filters ,/ F~ ~ Fee COLUMBIA HEIGHTS 782-2813 Jean Kuehn, Recycling Coordinator / / ~' / / / ,/' m d' n c Curbside Collection Services Columbia Heights Recycling C~nter 637 38th Avenue NE Sat 9 to 1 - Col. Heights Residents Only Also accepts oil filters ~ ~ ~ Recyclables A U - A A U S L L T E 24-Hour Newspaper Drop-offs U U P O D S Anoka County Fairgrounds (Band Parents) M M H A C Lino Lakes - St. Joseph's Church I I F N C M O B M P R 171 Elm Street N N O E A A N A O P A Ramsey - Plaza Shopping Center (Scouts) U U O W R G E P T T L P 167th Avenue NW & Highway 47 M M D S D A L T O I G P B Z P B A E T R A M In addition. Recycling Centers in Burns, East C F C L A O I A O S R I N E Bethel, Ham Lake, Oak Grove and St. Francis A O A A P A N P O T I R O C T are open 24 hours a da), and accept N I N S E R E E K I E E I E A newspaper. No magazines or junk mail. S L S S R D S R S C S S L S L COLUMBUS 464-3120 m Mary Ann Hoyt, Recycling Coordinator d' d' ,/ / / / c c b c c s Curbside Collection Services c Spring Recycling Day 464-3120 Columbus Town Hall COON RAPIDS 780-6485 Jean Cline. Recycling Coordinator d' d' d' ,/ d' ,/ m ~r n e Curbside Collection Services e Coon Rapids Recycling Center 1831 Illth Ave NW ,/ / / / d' / m / n / Wed & Sat 9 to 3 Also accepts oll filters Spring & Fall Recycling Days 780-6485 Coon Rapids Recycling Center / / ~' d' / ,/ m d' n d' Fee Also accepts oil filters EAST BETHEL 434-9569 m Maggie Latvaia, Recycling Coordinator / c ,/' ,/ ./ c c c n c c Curbside Collection Services c East Bethel Recycling Center 2751 Viking Boulevard NE / / d' / / ,/ ,/ / n Daily 24 hours Spring & Fall Recycling Days 434-9569 East Bethel Recycling Center FR1DLEY 572-3594 Lisa Campbell, Recycling Coordinator d' d' d' / ,/ d' ,/ m Curbside Collection Services Recycle MN Resources 571-2572 350 71st Avenue NE (behind ice arena) $ d' d' d' ,/ d' d' h n Tues - Sat 9 to 5 b = pop & liquor bottles & semi-transparent milk. water & juice jugs n = all small-necked plastic bottles h -- high grade paper m = mixed grade/junk mail c = call your hauler $ = redemption value received s = seasonal - call your Recycling Coordinator ~.<~. ~.~7-~, ~ Recyclables L L T E U U P O D S M M H A C I I F N C M O B M P R Clothing Collection N N O E A A N A O P A Clean and usable clothing is collected U U O W R G E P T T L P curbside by Lake Samtation and SRC, Inc./ M M D S D A L T O I Forest Lake samtahon. If neither of these G P B Z P B A E T R A M haulers serves your commumty, contact C F C L A O I A O S R I N E your mumcipal recycling coordinator to A O A A P A N P O T I R O C T determine if clothing is accepted on N I N S E R E E K I E E I E A Recycling Day. S L S S R D S R S C S S L S L HAM LAKE 434-9555 Doris Nivala, Recycling Coordinator ./ / ,/ ,/ ~' / m ,/ n Curbside Collection Services Ham Lake City Hall Recycling Drop-off 15544 Central Avenue NW ./ / / d' / n Daily 24 hours Spring & Fall Recycling Days 434-9555 Ham Lake City Hall HILLTOP 571-2023 Ruth Nelsen, Recycling Coordinator / / / d' / / m n Curbside Collection Services Spring & Fall Recycling Days 571-2023 ~ F,e LEXINGTON 784-2792 m Jackie Constant, Recycling Coordinator / / ,/ / / d' d' d' n Curbside Collection Services Spring & Fall Recycling Days 784-2792 / ,/ ./ d' ,/ ,/' d' m ,/ n ,/ Fe~ Fee Lexington City Hall LINO LAKES 464-4459, ext. 179 Jackie Constant, Recycling Coordinator / ,/ ,/ d' ./ / ./ m / n Cm'bside Collection Services Lino Lakes City Hall Recycling 1189 Main Street Daily 24 hours Also accepts oil filters Spring & Fall Recycling Days 464-5562 d' F~ ,/ ~:~ IJno Lakes City HallAlso accepts oil filters 5 ~ ~ Recyclables A U L L T E ~. U U P 0 D S M M H A C Containers Made Convenient I I F N C M 0 B M P R N N 0 E A A N A 0 P A Recycling containers for curbside programs U U O W R G E P T T L P are provided by the mumcipality either for M M D S D A L T O I a small fee or free of charge. For specific G P 'B Z P B A E T R A M information on obtaimng a container, C F C L A O I A O S R I N E contact your city/town hall Monday through A O A A P A N P O T I R O C T Friday during business hours. N I N S E R E E K I E E I E A S L S S R D S R S C S S L S L LINWOOD 462-2812 m Shirley Doberstein, Recycling Coordinator / / ,/ / / / c c b Curbside Collection Services c Linwood Recycling Center 22817 Typo Creek Drive / / ,/ ,/ / / m b 4th Sat of each month; 8 to 1 Spring & Fall Recycling Days 462-2812 Linwood Recycling Center / d' / / d' ,/ m b ~' Fee ~ Fee OAK GROVE 753-1920 Sherry Fiskewold, Recycling Coordinator ,/ ~r d' ,/ d' ,/ d' m b c Curbside Collection Services Oak Grove Recycling Center (across from Cedar Elementary) ,/' ,/ ,/ d' / ~' m / b Daily 24 hours Spring & Fall Recycling Days 753-1920 Oak Grove Recycling Center / ,/ d' d, ,/ d' m ,/ b / Fee d' F~ RAMSEY 427-1410 Jim Gromberg, Recycling Coordinator / ,/ d' / / / d' m d' n Curbside Collection Services Spring & Fall Recycling Days 427-1410 Central Park ,/ / ,/ d' / ,/ ~' m /' n Fee Fee Grosslein Beverages, Inc. 421-5804 13554 Tungsten Street NW Thurs 1 to 3 b = pop & liquor bottles & semi-transparent milk, water & juice jugs n = all small-necked plastic bottles h = high grade paper m = mixed grade/junk mail c = call your hauler $ = redemption value received s = seasonal - call your Recycling Coordinator 6 Recyclables A A U S L L T E U~ U P O D S M M H A C I I F N C M O B M P R N N O E A A N A O P A U U O W R G E P T T L P Congratulations ! M M D $ D A L T O I G P B Z P B A E T R A M Anoka County residents recycled 21,052 C F C L A O I A O S R I N E tons in 1994! That is almost a 12% A O A A P A N P O T I R O C T increase over 1993. Keep up the good N I N S E R E E K I E E I E A work! S L S S R D S R S C S S L S L ST. FRANCIS 753-3330 Bryan Baekes, Recycling Coordinator St. Francis Recycling Center ,/' ~' ./ ,/ ./ ./ ./ m ./' n a a ~,~a a 4020 St. Francis Boulevard Daily 24 hours Spring & Fall Recycling Days 753-3330 St. Francis Recycling Center SPRING LAKE PARK 784-6491 Wanda Brown, Recycling Coordinator ~' ./ ~' ~' ./ ~' s b Curbside Collection Services Spring Recycling Day 784-6491 Spring Lake Park City Hall 1301 81st Ave NE b = pop & liquor bottles & semi-wansparent milk, water & juice jugs n = all small-necked plastic bottles h -- high grade paper m = mixed grade junk mail c = call your hauler $ = redemption value received s = seasonal - call your Recycling Coordinator a = call City Hall to arrange drop off BUY RECYCLED! Recycling is more than putting materials out at the curb or taking them to a drop off. Materials must be made into new products and purchased for the material to be truly recycled. You support recycling by purchasing products with the highest percentage of post consumer recycled content thereby increasing market demand for recycled materials and decreasing the use of virgin materials. If recycled products are unavailable in your area, request them. 7 Recyclables today ..................... usable products tomorrow County Yard Waste Compost Sites Anoka County owns and operates two compost sites as a free public service to its residents. You can bring your yard waste, dump it and take your containers home. Yard waste includes grass, leaves, weeds, and soft green herbaceous material. Ready-to-use compost is available for non-commercial use on a first-come, first- serve basis. Be sure to bring your own containers and shovel. To check on availability of compost, or for other information, call the Anoka County Parks Department at 757-3920. Yard Waste Compost Sites Open The sites are open from April to November, weather-permitting. Mon., Wed. & Fri ...... 7 a.m. to 7:30 p.m. (or sunset, if earlier) Saturday ............... 9 a.m. to 5 p.m. Sunday .............. 12 noon to 5 p.m. Sites closed on the following holidays: New Year's Day Easter Sunday Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Bunker Hills Regional Park 13285 Hanson Blvd., Coon Rapids One mile north of Main Street Rice Creek Chain of Lakes 7701 Main Street, Lino Lakes South of 35W off Anoka County Road 14 Private Tree/Brush Disposal Options Tree waste and brush can be disposed of by taking it to one of the following sites for a fee. To obtain a list of on-site services, including trimming, removal, chipping and pickup, call the Integrated Waste Management Unit at 323-5730. BFI, 650 Industry Avenue, Anoka ........................................ 427-1688 Accepts tree waste (up to 4 inches in diameter) as well as yard waste. Ceres Chip Site, 12420 County Road 130, Maple Grove .......................... 633-4424 Elk River Landfill, 22460 Highway 169 NW, Elk River .......................... 441-2464 Tree Technology & Recycling, Inc., 22300 Everton Ave., Forest Lake ......... 464-8672 or 754-7428 Appliances, carpet, electronics, fluorescent lights and household goods are accepted at most municipalities' Recycling Days. Call your Recycling Coordinator to verify date, time, acceptable materials, fees and preparation guidelines (see pages 2 - 7for telephone numbers). Appliances Air conditioners Clothes washers and dryers Conventional ovens Dehumidifiers Dishwashers Freezers Furnaces Garbage disposals Heat pumps Hot water heaters Microwave ovens Trash compactors Ranges and stoves Refrigerators Major appliances cdntain recyclable materials: aluminum, copper, brass, plastic, cords and freon. Major appliances were banned from disposal in garbage, landfills and resource recovery facilities as of July 1, 1990. They may contain hazardous substances such as PCBs (Polychlorinated Biphenyls) from motors, freon/CFCs (Chlorofluorocarbons) from refrigeration units, and mercury from switches. ~OO O ~ Appliance Disposal Options Use the appliance recycler recommended by your garbage hauler or one listed below. Take appliances to your city/township's recycling day, see pages 2 - 7. Pickup and Drop-off Service Providers - a fee is charged: A-Plus Appliance 747 Payne Avenue, St. Paul ................................ ARCA (Appliance Recycling Centers of America) 7400 Excelsior Boulevard, St. Louis Park . . . Don Barbeau Appliance 319 West Lake Street, Minneapolis (pickup within a 30-mile radius) ...... 298-1929 930-9000 827-70t9 Gallagher's 1691 91st Avenue NE, Blaine ................................... 784-4709 JR's Appliance Disposal 8980 Jefferson Trail West, Inver Grove Heights ............... 454-9215 Drop-off Locations only - a fee is charged: Blaine Recycling Day third Saturday of the month, 9 a.m. - 4 p.m .................... 785-6192 Behind city hall, 9150 Central Avenue NE, Blaine Bloomington Lakeville Appliance 18863 Cedar Avenue South, Lakeville ............... 469-2435 Coon Rapids Appliance Recycling Day first Saturday of the month, 9 a.m. - 3 p.m ......... 780-6485 Recycling Center, 1831 11 lth Avenue NW, Coon Rapids North Hennepin Recycling & Trattqfer Corp. 8550 Zachary Lane, Maple Grove .......... 425-2239 Carpet The following businesses recycle used, clean, dry carpet and padding into new carpet padding. Services include carpet removal, pickup and/or drop-off. A service fee is charged. Carpet Recovery Innovations (CRB Princeton ................................ 441-8300 (Call for removal guidelines before pulling up carpet.) United Recycling 3119 Lynn Avenue South, St. Louis Park ....................... 929-7175 (Rubber-backed, kanga-backed and rubber padding not accepted. Will accept foam pad. Carpet and pad must be rolled and tied.) Carpet pad can be made into new pad. Synthetic carpet can be shredded and remelted into plastic products, such as hangers and automotive parts. Electronic Equipment - Televisions, Stereos and VCRs Drop-off service available - a fee is charged: Midway Electronics 1607 University Avenue, St. Paul ........................... 646-5442 (Also accepts home computers.) Fluorescent Lights Fluorescent and high intensity discharge (HID) lights may not be placed in the trash as of August 1, 1994 because they contain mercury. Mercury is toxic and poses a threat to the health of wildlife, lakes and humans if disposed of improperly. The disposal ban on fluorescent lights includes all shapes of fluorescent tubes, compact fluorescents, mercury vapor lights, high pressure sodium lights, metal halide lights and neon lights. Contact your city or township for recycling day dates. Using energy-efficient lighting such as fluorescent lights makes sense because it saves money on electric bills and protects the environment. Fluorescent lights work best in fixtures that are not turned on and off frequently. How To Pack and Store Fluorescent Lights Do not break or crush lights - mercury will be released. To avoid breaking the lights, tightly pack them ia a box with newspaper when storing and transporting them. Do not tap~ together. If lights are accidentally broken, store them in a sealed container or double-bag ia plastic and tie tightly. Include broken particles that have been swe?t up or vacuumed. 10 Household Goods and Clothing Donating clean, unwanted and useable clothing and household goods can help someone less fortunate, save natural resources and reduce the amount of waste you must dispose of. Check the Yellow Pages for more listings or request a Shop Used First.t guide on page 28. Anoka County Community Action Program (ACCAP) .......................... 783-4747 Accepts small appliances, beds, mattresses, furniture, toys, books, linens and other household goods. Call to make arrangements for home pickup. Goodwill Industries, Inc./Easter Seals Society of MN ........................... 780-1108 Springbrook Mall Store 7797 85th Avenue NW, Coon Rapids Accepts clothing, hardware, paper goods, toys and games, books and working small appliances, computer hardware and software, and electronics. Project For Pride In Living 2516 Chicago Avenue S, Minneapolis ................... Accepts used or surplus tools, building supplies, and office equipment. The Salvation Army 1326 Coon Rapids Boulevard NW, Coon Rapids ................ Accepts clothing, furniture, miscellaneous household items, and small appliances. Savers 4849 Central Avenue NE, Columbia Heights ............................ Accepts small appliances, clothing, furniture, household goods, toys and books. 874-8511 757-6740 571-1319 o Junk Mail To remove your name from existing mailing lists, use the advertiser's return envelope to send a note stating, "In an effort to reduce waste, remove my name from your mailing list." To prevent your name from being added to new lists (i.e., when you send a warranty card, make a donation, or purchase through the mail) include the statement, "I request that you do not sell or give my name to another organization." To avoid future listings, send a card to Direct Marketing Association. Include any variations in the spelling of your name; you may need to write every six months. Mail Preference Service Direct Marketing Association P.O. Box 9008 Farmingdale, NY 11735-9008 4. Recycle your junk mail. See pages 2 - 7 for reu:ycling opportunities. 11 Polystyrene Cups, Plates, Trays and Other Foam Food Containers Foam cups, plates, meat trays and egg cartons are commonly made of polystyrene and are marked with the number 6. The following business will accept clean polystyrene (no peanuts, "block" forms or other plastic): Holiday Plus 250 57th Avenue NE, Fridley ................................. 571-1900 For other locations in the metropolitan area, call The Connection ..................... 922-9000 Expanded Foam Packaging Protective expanded polystyrene foam packaging, often referred to as "block and shape", is used to package electronic equipment and applianc6s. The following businesses accept this type of polystyrene for recycling. Call ahead to verify that your material will be accepted and the hours when you may drop it off. Plymouth Foam Products 12900 Industry Boulevard, Becket ................... 1-612-261-4900 (Also accepts polystyrene planking, sometimes known as "bead board. ") Posi-Pack Corporation 7180 Northland Circle, Brooklyn Park ...................... 531-9022 Packing "Peanuts" Use crumpled newspaper to package things instead of buying polystyrene peanuts. If you must purchase packaging materials, request biodegradable starch or paper materials. Save packaging materials for reuse or take them to the following stores for xeuse. Please call first. Mail Boxes Etc. 716 Hwy 10 NE, Blaine ................................... 785-1544 Packaging Store 3771 North Lexington Avenue, Arden Hills ....................... 482-0335 (Also accept polystyrene planking, sometimes known as "bead board." Check the Yellow Pages for more locations.) 12 Recommended Preparation for Disposal of Automotive Products Clearly label all containers. Always store automotive fluids and other hazardous products away from children, pets and sources of heat, sparks or flame. Do not store inside your home. Rather, store in the garage, a locked cabinet or a locked shed. See the following section for a listing of Automotive Outlets in Anoka County. Antifreeze Do not mix with motor oil, solvents, gasoline, engine/parts cleaning fluids or paint. These products make it impossible to recycle the antifreeze. Do not dump antifreeze into storm sewers - they empty directly into lakes and rivers without treatment. Pets and children are attracted to sweet-tasting antifreeze. The most common type of antifreeze used, ethylene glycol, is poisonous to humans and animals. Store antifreeze in a sealed container away from children and pets. Automotive Fluids Includes transmission, power steering and brake fluids. Do not mix with antifreeze, water, solvents, gasoline, engine/parts cleaning fluids, paint or thinners. Store each fluid separately in a sealed, labeled container away from children, pets and sources of heat, sparks or flame. Gasoline Use up leftover gasoline before the end of the season. For example, run your lawn mower until the tank is empty before storing it for the winter. Store gasoline in an airtight, approved gasoline-storage can away from children and pets. DO NOT store gasoline or other fuels (charcoal lighter fluid, kerosene, and propane cylinders, for example) indoors -- they're a fire hazard. Lead-acid Batteries Keep batteries dry and store in an acid-resistant, leak-proof container, 'such as a plastic cat litter box. Store them away from children and pets. Tires Some places that accept tires may require removal of tire rims. Tire rims can be recycled as scrap metal. Used Motor Oil Pour into a container and tightly cap (a plastic milk jug with a cap works well). NEVER mix antifreeze, water, solvents, gasoline, engine/parts cleaning fluids, paint or thinners with oil. These products make it impossible to recycle the oil. Drop off used oil with an attendant at garages that accept oil. Do not leave used oil at garages or recycling centers when they are not open for business. One gallon of oil can contaminate one million gallons of water! Used Oil Filters Invert the oil filter onto its base end and allow the oil to drain into a leak-proof container. After draining, place the filter into a coffee can with a lid or a resealable plastic bag and take it to a filter recycler. 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 Household Hazardous Waste Unusable or unwanted household chemicals are considered household hazardous wastes when their disposal poses an environmental or health threat. When disposed of in the trash, down the drain, or on the ground, common household chemicals can threaten our environment. Most household hazardous wastes are flammable, toxic or corrosive. If you're not sure whether a product is hazardous, call Anoka County Integrated Waste Management at 323-5730. Flanunable wastes can easily catch fire. Examples of flammable wastes are paint thinner, degreasing and cleaning solvents, aerosol containers that are not empty, gasoline, kerosene, fuel oils, oil-based paint and roofing tars. Signal words on flammable products include "flammable, .... combustible" or "contains petroleum distillates." Toxic wastes are poisonous or can be harmful or fatal if swallowed, inhaled or absorbed through the skin. Examples of toxic wastes are pesticides, wood preservatives, paint strippers and spot removers. Signal words on toxic products include "poison" or "harmfu/if swallowed." Corrosive wastes are acidic or alkaline and can burn or corrode other materials. Examples of corrosive wastes are drain, oven and toilet-bowl cleaners, battery acids, pool acid, and concrete cleaners. Signal words on corrosive products include "contains acid, .... contains lye" or "causes burns to skin." Check the Product Label Before You Buy Look for signal words on the product label - Caution, Warning and Danger - to determine the product's degree of hazard. If you must buy a product with a signal word on the label, choose one with the word Caution rather than Warning or Danger. · Caution - mild hazard · Warning - moderate hazard · Danger - extreme hazard Reduce your Household Hazardous Waste! Let the signal words on labels serve as a guide to avoid b~zardous products. Do you really need a chemical? Use nontoxic and nonhazardous products. Cheek libraries and bookstores for nontoxic/nonhazardous options. Request that stores and manufacturers offer less hazardous products. Buy small quantifies so you won't have leftovers. Use up leftovers before buying more. Follow storage iastruetions on the label carefully so products wilt stay usable for years. 27 Free Information! To receive additional information, please complete and return this form to the Anoka County Integrated Waste Management Unit or call 323-5730 (TDD/TTY 323-5289) with your request. Recycling Information [] City or Township of - specific curbside collection services and drop-off center information [] Recyclable Materials - information on the recycling process and the recycled end-products of common recyclables Waste Reduction Information [] No Waste Holiday Booklet [] Shop Used First! guide [] SMART (Saving Money And Reducing Trash) School Shopping Brochure [] SMART Shopping Brochure & Bookmark [] Waste Reduction Tips Household Hazardous Waste [] Adhesive Products [] Alternatives to Hazardous Household Products [] Cordless Appliances and Rechargeable Batteries [] Gasoline [] Household Batteries [] Household Chemicals & the Environment [] Household Cleaners [] Household Fluorescent Lights [] Household Hazardous Waste Disposal - where do my wastes go? [] Household HazWaste Disposal Guide Fact Sheets [] Household Pesticides [] Household Solvents [] Latex and Oil-Based Paint [] Personal Care Products [] Products in Aerosol Cans [] Products Containing Mercury [] Safer Substitutes for Commercial Cleaners [] Storing and Using Chemicals Safely [] Used Antifreeze [] Used Motor Oil [] Used Motor Vehicle Batteries [] Wood Preservatives Other [] What happens to garbage in Anoka County? - a flow chart of the county's waste management system [] Tree Waste Resources - a list of businesses offering various tree services, including disposal Name.' Address: Questions/Comments: 28 Postage Stamp Required ANOKA COUNTY INTEGRATED WASTE MANAGEMENT UNIT GOVERNMENT CENTER - ROOM 340 2100 THIRD AVENUE ANOKA MN 55303-2265 TO CITY COUNCIL JULY 24, 1995 ,*S~g~ed Waiver Form Accompanied Application APPROVED BY POLICE DEPT. 1995 LICENSE AGENDA ON SALE BEER'" '~' LICENSED LOCATION *Immaculate Conception Church Jane A. Bona 4030 Jackson Street N.E. for Funfest 8/12-13/95 FEES REQUEST FEES BE WAIVED BUILDING INSP. LI I I II II CONTRACTORS Dependable. Indoor Air Quality Ace Mechanical Services Westair, Inc. 2619 Coon Rapids Blvd. N.W. 2101 Kenn~d~ St. N.E. 11184 River Rd. N.E., Itanover $4O.OO 40.00 40.00 SAFETY & HEALTH, ANOKA COUNTY HEALTH FOOD/NONALCOHOLIC BEVERAGE CONCESSION Immaculate Conception Church 4030 Jackson St. for Funfest Jane A. Bona August 12-13, 1995 REQUEST FEES BE WAIVED POLICE DEPT. ~MILDRENS AMUSEMENT RIDES Immaculate Conception Church Jane Bona 4030 Jackson Street For Funfest 8/12-13/95 REQUEST FEE~ BE WAIVED POLICE DEPT. GAMES OF SKILL *Immaculate Conception Church Jane A. Bona 4030 Jackson Street For Funfest 8/12-13/95 REQUEST FEES BE WAIVED POLICE DEPT. PUBLIC DANCE *lmmeculate Conception Church Jane A. Bona 4030 Jackson St., for Funfest 8/12-13/95 REQUEST FEES BE WAIVED The Church of the Immaculate Conception July 10, 1995 City of Columbia Heights Att: Ms. Kathryn Pepin 590 40th Ave. N.E. Columbia Heights, MN 55421 City of Columbia Heights, Our annual Fun Fest at Immaculate Conception is August 12 - 13, 1995. Because we are a non-profit organization, we are requesting that the fees be waived for our licenses. Thank you for considering this request. Sincerely, Jane A. Bona Co-Chairperson Fun Fest Committee 4030Jackson Street Northeast., C~.~a ;-i~ights, Minnesota 55421-2929 (61 ~) P, RC: F:'IblANC:iA!... E;YS'T'Ei]'q 0 7'/' 21/" 9 3 0 9 ~ 3 3: :.':!: i. F:'I_JN)') Ft.'Ii!XT~AI::' :: I::'L.tI'-!Z:, I) EXE;CF~ I F:'T I ClIl',l 4 :I. () 4 2. C, 6 0 :L 602 6 ()9 70 i '? J. () '2'.? () 88 HRA C:ti[I'-I'¥1~,:AL OI:TF=IC:E: F=UIqD A N O b'.JA COUN'T'Y I::'ARI(VIE:W VIL..I...A NC','FCT'H STATE: A I D MA I I',ITE]',h-"-'~NC:E: F:'AF:;KVIE:W VILLA SOUT'H CAI'?,LJ?: F:' A F;.i A '1" Fk r:':'~ l'--i :iii; 7I: 'i" 1... :1: B Fk A Fi.:¥ CAF:' :1: TAL. S Ftl!i: I::' F:' :[ E: i... :i::, R I!i: ;i.'.', E: VEi: i... 0 i::' M E: i',t"l" C:AF:'ITAi... :iJMF:'.--.Ciilii:i'-! C-)C)UT, E'~!...DC') CAP ]: 'i"AL. :[ M?Fk(J)VtiJ:MEJNT F:'AF:.;t-(S I'"iI. jL..T' :[ I.J:i!?lii: F:,"I!i:):)lii:VEJL. C1F:'I"IE]'-iT F:q...Abi C (':'~ F:' i!:: (J)t..t I F" F:,' E: !::' I... A C E-(:ii iii: i".l E: F:,' A L. WATliiTF;,' LJT 7[ t... 7[ TY SE!:b,IE!:F:.: LJ"f' :[ L.. :['T'Y F:.: iiil I::' LJ '.ii:'. E: F:'U I'-t.T.) (:: iZ I'-I '1- !:;t A L. C-; ~'-':',. F;.: A (3 !ii; fi; h!liiJ:;.'. G'(' DA'T'A F'I:;.:OC:I!i:SE;:I: F'E:Rb'i :f: 'i' S!.JF;,U::::i"IAF;,'C)E: [::: [:) I'.i '1" F~ :E ]:i< LJ 'T' E: )::) F:' F;:(::! J E: C T'S"- F.'. E: C C (::ii'.] "i' F;.: :t: :[':". L.I'T' I!i: :[::' F:' F;,' 0,3 Iii: C T S'"' (::i [ii: N :i: Ii': !!i; [::: F:.: :1: Iq V Iii: S 'i" t"i [ii' i'-! T T' F;.: U ~!i;'1" F:'L.li!:X 'T'[-:]'i"AL. (.-u...L.. I:'-LIblDS 2' 760 426 22 D :1: ,SB ...IR S Iii: Mlii:l'-l'l" iii '" '260 4.26 ;:':':2 2 :, 760,426 ,, 22 07/21/95 09 :o C: he c t..'. t,.I,~, s 'l:o ry 7-24-95 COUIq£:]:L I... ]Z ST ]' t,15~ C ]; T Y OF COl_ UMB 3; A HE ]; IBIqT'S GI..540R-V04,,30 F'AGt£ ,t. B AI:I I( VIEiq l.) 0I'7 CHECK I'-IUMBE F'~: AMOUIqT' BAtqI( CHI~CI<;I;I'q(;i ACCCIUIqT I,tOF,'TIqlEAST S'TATE BAtqI'{ IqOI:;'.THIEAST ~.>TATI:: BAlql.'.' AMER];CAI'q I.~;IbtEN SUF:'PL, Y C',O BE]_LP, OY BAR SUF'F'I..Y BI.SI_I_ BOY CC}I:;d:'OI~:AT T oIq P, 12 I:i'. G F' CI !:;: i) T 1:;,' U C I< ]] 1'-1G BEI;~Iq)}T/Gi.X)F;,' T A F;.' COt?A-COLA [:CITTI_]:t'4G MIl)WE DE:I.,ISCiAF~D TOOl_ CO,, GI_IEt,IWOC)D ]:t,IGLIEWOOD (1~1\' ]; (_.S C,'i B-- C [l()l: 'li~. I;' ¥: {~: [. '1: i:;.'.S - ITi:'/E(:) JOI-INSOI-,I )'?,F,~OS, t...IQL.IOF,'. CO, KUET~.'IEF;,'. DIS'T', C:O, MAGE i.~/L :I' IqDA ME'D I C :[ btl]: L A t~"lZ M :I: IqTER- WE ]. SI"IAN I%1 SEC:F;.'.I£'IAITY OF:' STA'T'IE H :L t:' I',IOF:TIq STAi';'. I I>AP]'S t:"!_US F:'ETTY f£ASH .... JAI'.-i ]: CIE F'H:II~L:!:F',S I,,,l:l:f-..IE & I.:'!..L/I'-I KETT' ' S :, :1: btC:: I.:'17:1' O[c b.I ~[ iqU.. .r,)uAi_iTY WIi'..IE & .SF;':[F;:tTS R E' × I) I S T R ]: ):.)LIT I t',IG C 0 iii EI',I ]: 0 R t:: Ulq D- i< A17 E tq FiO E L L E SF'OI:;<T SUt::'F'LY GRCiUP STAR TR T BUf'..iIE U S klIZST bJ]:lql.E MFZRCHANTS WOI~L)} C[,.A~S WII'-IE t..IAS(3AIq ,SAND & C-)RAVEl!_ HIZ FI]' G E [3 / F'AT t:i.~ :1: C 1< KUEI..IIq/JIE'Aiq t...AI4SC)Iq Pi';JODLIC.':T,%; ]: I'-IC F'ARTS Pl..US RC)DD¥/W Ii I...L :1' AM STAR TF;:.T. BL!IqE U S I,UE'F;"f' C'~ ' ..,I:..LI_ U,_ A ':. NCiI:tTHtEAST STATE BAIqI( A E M A A'T & T B !!!].,,L.i':~O ¥ :.r,q::i!:~ .=,-.~.o<p-, 1 :, 500 000 00 o<50 :L 5 53900 ,:. 1.34 ==~o ,'~ 244 84 c~,~ WOo J. ~3,681 ,, 87 53?04 :1., 05? ,, 20 0,.~" '~" ~'¢0 ~': 200 ,, 00 539<)B ,;,'""~, :l. 93 ,, O0 53909 7 ,, 92 539 :I. 0 :1. 7,299 ,, 89 ~Z139 J 1 150 ,, OC, ~'~ c', ,~ "~ 53913 108, 80<) ,, '=" 5391 ,q 170 ,, 96 539' '~ . ,I. ,, I, 62)8 ,, O0 ;~o 7 ,l 6 4,7 ... o? :1.7 70 '=339'l a '~ 672,, 3:1 o07 .t. ~ ;:, 808 ,, 6<> 53920 4 :i. ,, 20 rfi"v:~2 :L ~ '-' 37 o6~, 20 .... ) ~ ,;.6 33, ,, ,=~? c~.,~., ?63 00 ~ ,I. ,, 90 53929 '~' 53930 279 ,, ;I, 0 ~ o z ~ 1 :140 ,, 00 ~':~3932, ' ]. 10 ,, 02. 53936 ~ 9 ,, 05 .=~?"o 9 .... ~ 7 20 ,, 58 53940 53941 .1. ~c> ,, 07 .. o ~ '--; ~: ,:2o.-I ~ ,-~o<, ,, [50 53~44 34 ,, 50 53946 427 ,, 30 BRC I=II,tAtqCIAL. SYSTIEM ()7/21/'95 09 :: 3 E: bec I-.~ History 7-.--24-95 COUNC I L. !_ I S T .T. b!(3 C.TTY (.]F' COI...Ui;1BIA GL. 540R-V04,30 f::'AE;Ei 2 B A I',1 t '.'.' V E N D 0 R CI--IE[C K N UMBE~.F;.: AMOUNT BANi.( CI. ItECI{II:I(3 ACC(3UI'.IT .8t!i]...I...BOY CORF:'OF;,'AT'IlON BE]=((3F:'OF;.'.D ]"F;,:I. JC K I B IE R t-.I A R Ii:. / E F;..' V I N BI×I...I!EFt'./GOF;,'DON L & JOAN B[:)YI) t--tOUE!;EJF;: C'AND'r',.-.~' TOBA lEAST ::'!:;IDI.=-' BfEVIERA(31!E CC) F:'F:.:E:);;,F;:IET::I-':'.SON/ ,.-fAME]S A ~.~: 1'( EiF;,'I(3GS-COOF:'E]:;: & CO I"IIZ ! NR I C H,-" J 0 H N JOHNSON :L:':F;:O.':i~. 1_.17. QL!OI:;-'. (%), J OI...L. Y/7'~) O N A L.I.':' t'(O B U S/' J IE A N MAF;.:K VI I DIE;T,, ........... '~ """'"'"'N I'tt.J.)Ul'-h--d.. )..L~ I...l. ~ .I. M I L:'WIEST BUS I NEZSEi; M I Iq N EZ 13 A ?, i'~ O M I N"i'IZ F;.'."" W El I .'.:ii; !'"h:?&l Mt'-t DEF:'T (3F: I:U!'.EVIENL!Ei I".! E; F' N ~':'-', 'i" W O ' C O N N El... 1.../' C: H A !:;,'i... l~il S PARTS I::'I...U S I::'E]::'E~; Z'"'[XZ)i...A-7 IJF:' F:'IETTY CA-':'ii;H .... G¢-'¢:::Y BF;,'AATliil F:'EYf'TY CASH .... KAFUEN MOE%.I... F:'HII...t...IF:'S Wit"-tEi & F:'F;,' I OF;: W i Ii! LI A L. IZ/" R (::'dq :0 A L.I... I"1 QI...IAL. ITY W.TNiE & .Si='IF~:1~TS F;,'AYCO CON-S'¥'F;~LK) TION SA t I"-IT MARYS LIN T. VET:;:,S Z TY TUL. I... Bl.:.'h':~17 1 NG I..J S b,IE:ST COMMUN]:CATIOt',IS WI"I I TIE/MAR 101,1 W;I;hIE; COMPANY/THE; A F:' E.:; C.' M lie AI',IOKA COLJNTY SOCIAl_ BE;CI'(IER COLJtqTY (]:I--ITL.D SUF'F:' DCA INC,, I-':' ;I; F;.:S'f' COMMUN :1: TY CF,.:Ii;ED I T U GF;~EA-I" WE;ST L. IF:'IE & AhlNUIT ICMA F;.:ETIF?.IEI'iE;NT T'RU:!3T 45 I..ACH/¢fE;NNY M ;t: C I<'iZI...,~OI't, 'TF;XJSTE=E;/,3' J M:I;iqt',IE:SOT(::'~ MUTUAL. L I F'E 53948 324 ,, 00 53949 167.50 53950 I ,000,,00 53951 339. ~ 53952 66,084,,98 53953 :1., 000.00 53954 1. :, 35:E; ,, 42 53957 :.3 ,, 2O 53958 37,, 50 57;959 29, :1.26.52 53960 335 ,, 00 53 t;'63 2 :, 847 ,, ()4 5:.:.';964 6,676 ,, OC, 53965 4 :, 3:t. 4 ,, 25 53968 :1. 7(¢:, ,, 0C., 53969 88 ,, 09 5 3':?'? 0 :L: 75 8 9,, 92 57;971 50.76 53974 716 ,, ()o 53975 4 }'" ,, 61 5:.:1976 80 ,, 95 ~ :3977 2,800.00 53978 250 ,, 00 ~'Z 3c;'79 49,64 53980 5 ,, 6:1. 53982 39 ,, 75 5397',3 80.00 5398 5 838 ,, 70 53977,6 379.00 53987 2 :L 4.20 53988 2,003 ,, :3:3 53989 1. ,674.00 53990 4,294,, 34 53991 5,618,.9:L 53993 350 .. 00 ©7/21/95 09:3 Check History 7-24-95 CC)UNCiL LISTING CITY OF' COLUMB]]A i--IIE]]GHTS GL. D40B.'-V04.30 PAGE 3 BAN l< VEI-,II) OR CHECK hlLIM B Ef:~,' AMEIUN'T BAN K CI-II:T. CI< i!:t'..IG A(SCOUI,IT MN STA"I"E RETIREMENT SYST 53995 866.00 i,tOF;.:THI.TAST' STATE BAI',IK 53996 56,882.59 PAYROLL. ACCOUI-,iT 53997 I::'I~]~A 53998 18,199.22 F'E RA - DE F' I I,IE D COI',IT R i })LIT 53999 94.62 l::'lEI:b<~ .... F'IRE RIZL ]~Ei=' 54000 37~,, 10 F'ERA LIFE INSURANSE 54001 150,,00 F'IEI:~A POLICtS REI_iEI~ C'ONSO 54002 1,520,73 I~.~AMSDELL SCHOLAPS!.i]:P FUH 54003 4 5,25 STATE CAF~ZT'OL CI~.'.ED]:T' UhlI 54004 970,,00 Ut,!]~D]',I 49 54005 549,, UN]~TED WAY 54004~ 59,, 50 A A A / I::'t7 t 0 R ] T Y V ]7 D E D 54007 42 ,, t 3 ACE I--IAF~DWARIS 54008 :109 AI_.AY,?~] I',1 F:'OOL. & SF'A 54009 21,17 ALI... F'];IME TE;ST it,lC 54010 53,,45 AMI:RICAI".t L.]",I~=I,~ SUF'F'L"f CO 54011 AI,IOI<A COL~I,IT'Y 5~0:I. 2 6:12,, 93 AI,tOKA COUhlTY COMt'i ACTIOI',I 540:1.3 3,36:1.17 AI,-IC)KA E.O(.l'-ll i' t._IBI;'AI;:Y 540:I 4 :1. ,096.91. ASPEN MILL. S:, Il*lC. 54015 278,,00 AT & T WtI?ELESS SISRVIEIES 540:i. 6 21,,30 BAKER 8: TAYt_OP. 540]7 2,26a,, B A I< tF R & T A Y I.. 0 R IE I..IT E l;: T A ]; tq 5 ~ 0 :l. 8 228 ,, 25 BAUEI:,: BU]:I...T ]"];t:::E; ¢: BAT'TIE 54019 125,,96 )B;['T'UM ;I; NOUS I:~OADWAYS, ];l,iC 54020 565 ,, 74 BI.¢-~/"'".~. t.1,- "~" TI-lO,' ' IA' '-':, ,':~'¢ o':', · ..... t. :1., ¢..°/..>-,-:~,, 67 BOOI<MIEIq ]; NC/TH!E 54022 1,034 ,, 8 :!. BI7 ;t GHTL)I,I IEXiSAVA"F ]; l',tG 54023 255.60 BUI~FrTNEIq'/AI~'DEI.J_A 54024 13:1. ,, 66 CIEIqTRAI.. !STORES 54026 65,,64 CITY PAGES 54027 800,,00 COCA-COLA BOTTLII4G Id];DWE 54028 92.75 COI...OR TILIE 54029 7,, 97 COMMISFCS COt'.tD ];T I ONED WA'T'IE 54030 21 ,, 29 COMPUTE]:;: C I TY 54031 t, 549 ,, 2:l COMF'UTI~]:;~ COFd:' 54052 4,072 ,, 55 CI .EE,::,~. _ LUTHERAN HDME; ~ 4u,~ o, ,:,0,:. ,, 70 CSC Ct:lED ];T SIEI:~V i CIES 54034 30 ,, 00 )}AVtES WATER EQLI];P CO,, 54035 2,225,,B5 DAWSOI,i 5403A 10 ,, 80 DE:MARS SI GI'.tS 54037 322,, 12 I) ;i: AMOI,ID VOGEl.. 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