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June 26, 1995 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdex am Councilmembers Donald G. Jolly Bruce G. Na~rocki Roberl W. RueVmmnn City Manager Patrick Hentge~ June 23, 1995 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, June 26, 1995, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in ail 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 June 12, 1995, as presented in writing, and such reading be dispensed with. 5. Open Mike/Proclamations/Presentations Proclamation - July is Park and Recreation Month (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. First Reading of Ordinance No. 1302, Ordinance Authorizing the Saie of 500 38th Avenue RECOMMENDED MOTION: Move to waive the first reading of the Ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Establish the Second Reading of Ordinance No. 1302 for Monday, July 10, 1995, at Approximately 7:00 P.M. b. First Reading of Ordinance No. 1304, Ordinance Authorizing Saie of 4535 Taylor Street RECOMMENDED MOTION: Move to waive the tn:st reading of Ordinance 1304, there being ample copies available to the public. "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLO'~MENT OR THE PROVISION OF SERVICES COUNCIL AGENDA Page 2 Council Meeting of June 26, 1995 ***b. RECOMMENDED MOTION: Move to Establish the Second Reading of Ordinance 1304 for July 10, 1995, at Approximately 7:00 P.M. c. First Reading of Ordinance No. 1301, Ordinance Regarding Curfews RECOMMENDED MOTION: Move to waive the first reading of the Ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to Establish the Second Reading of Ordinance No. 1301 for Monday, July 10, 1995, at Approximately 7:00 P.M. d. Resolution 95-31, Resolution Authorizing Application for MHFA Rehabilitation Loan Program Funds RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-31, Resolution Authorizing Application for MHFA Rehabilitation Loan Program Funds. e. Resolution 95-32, Resolution Establishing City Manager's Wages and Compensation RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 95-32, Establishing City Manager's Wages and Compensation. Other Ordinances and Resolutions Communications Rezoning, John Wille, 4801-4807 University Avenue, Case 9506-19 Establish Work Session Dates for July RECOMMENDED MOTION: Move to Establish July 11, 1995, at 8:00 P.M., and July 17, 1995, at 7:00 P.M. as Work Session Dates. c. Withdrawal of Joint Powers Agreement/Cable Television Franchise with Hilltop (information). RECOMMENDED MOTION: Move to Concur with the City of Hilltop's Decision to Terminate the Joint Powers Agreement Between the City of Columbia Heights and Hilltop for the Administration of the Cable Television Franchise, and to Direct Staff to Take Steps Necessary to Ensure Appropriate Dissolution of the Joint Administration of the Franchise. Acknowledge Receipt of Alley Paving Petition/Establish Public Hearing Date RECOMMENDED MOTION: Move to Acknowledge Receipt of Alley Paving Petition from Mark Miernicki, 3710 Quincy Street N.E., and to Establish a Public Hearing Date of Monday, July 24, 1995, at Approximately 7:00 P.M. e. Other Communications COUNCIL AGENDA Page 3 Council Meeting of June 26, 1995 8. Old Business ***a. Closing of 46th Avenue for Soap Box Derby RECOMMENDED MOTION: Move to Close 46th Ave. Between Johnson St. and Pierce Street From 6:00 A.M. to 8:00 P.M. for the 1995 Minnesota State Soap Box Derby to be Held on Saturday, July 8, 1995, With a Rain Date of Sunday, July 9, 1995. b. Other Old Business 9. New Business a. Award of 1995 Miscellaneous Concrete Repairs Project #9500 RECOMMENDED MOTION: Move to Award the 1995 Miscellaneous Concrete Repairs and Installations, Municipal Project #9500, to Gunderson Bros. Cement Contractors Co., Inc. of Minneapolis, Minnesota, Based Upon Their Low, Qualified, Responsible Bid in the Amount of $19,481.30, With Funds to be Appropriated from Fund 401-59400-4000; and Furthermore, to Authorize the Mayor and City Manager to Enter Into a Contract for the Same. ***b. Final Payment to HNTB for Engineering Services RECOMMENDED MOTION: Move to Authorize Final Payment of $110.00 to Howard Needles Tammen and Bergendoff, Inc. of Minneapolis, Minnesota. ***c. Authorize Staff to Seek Bids to Modify Pond at Silver Lake Park RECOMMENDED MOTION: Move to Authorize Staff to Seek Bids to Modify the Pond at Silver Lake Park, Project #9316. ***d. Request for ()ne Time Gambling by Hiawatha Activities Council RECOMMENDED MOTION: Move to Direct the City Manager to Forward a Letter to the State Charitable Gambling Control Board Indicating that the City of Columbia Heights has no Objection to a One-Time Bingo Event to be Conducted by the Hiawatha Activities Council, Inc. at the Church of Immaculate Conception, 4030 Jackson Street NE., Columbia Heights, on August 12 and 13, 1995; and Furthermore, That the City Council Hereby Waives the Remainder of the Thirty Day Notice to the Local Governing Body. e. Other New Business 10. Reports a. Report of the City Manager b. Report of the City Attorney 11. Licenses (List to be distributed Monday evening.) 12. Payment of Bills *** RECOMMENDED MOTION: Move to pay the bills as listed out of proper funds. Adjournment RECOMMENDED MOTION: Move to adjourn. Pat Hentges, City Manager 95/48 OFFICIAL pROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JUNE 12, 1995 The Regular Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. Jolly, Ruettimann, Peterson, Sturdevant - present absent Petkoff - 2. pLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes for Approval The Council approved the minutes of the May 30, 1995 Regular Council Meeting and the minutes of the June 5, 1995 Special Council Meeting as presented. Bus Stop and Parkina Chanaes on 40th Avenue The Council approved the following designations; On the 500 block of 40th Avenue "No Parking - Bus Stop" from the alley 59 feet east, "No Parking - Drop Zone" 24 feet east (one space) undesignated parking 22 feet east (one space) and "15 Minute Parking 8 a.m. to 5 p.m., Monday to Friday" 42 feet east (two spaces), with "No Parking" beginning and continuing around the corner, based on the recommendations of the Traffic Commission. Desianation of "No Parkin~ - Loadin~ Zone" on Mill Street The Council approved the designation of a "No Parking - Loading Zone" area near the Mill Street entrance to City Hall based on the recommendations of the Traffic Commission. Conditional Use Permit - John Gizas. 5098 Central Avenue. The Council approved the conditional use permit request for the operation of a deli/sandwich restaurant et 5098 Central Avenue. Rezoning Re~auest - John Wille. 4801-4807 University Avenue The Council denied the rezoning request from John Wille for 4801-4807 University Avenue based on the recommendation of the Planning and Zoning Commission. REGULAR COUNCIL MEETING JUNE 12, 1995 PAGE 2 Variance Request - Design Home Builders. 53~ 52nd Avenue The Council approved the variance request of Design Home Builders for a five (5) foot setback for 533 52nd Avenue due to the hardship of the elevation of the lot compared to the alley and the abundance of mature trees on this site. V~riance Request - Dorothy Gross. 4408 Fifth Street #9506-21 The Council approved the variance request of Dorothy Gross for a one (1) foot sideyard setback for 4408 Fifth Street due to the location of a matur9 maple tree in the rear yard. CQDditional Use Permit Re=uest - Glenn Klosken. 4811 Central Avenue #9506-22 The CoUncil approved the request of Glenn Klosken for a conditional use permit for the operation of a boat sales and minor service repair shop at 4811 Central Avenue as the proposed use is in compliance with the Zoning Ordinance. Conditional Use Permit Request - Jerry McCleskev. 918 40th Avenue ~9506-23 The Council approved the conditional use permit request of Jerry McCleskey to allow the operation of a combined deli/sandwich bar and hair styling salon at 918 40th Avenue as both uses are in compliance with the Zoning Ordinance. ~equest to Serve Beer - Sullivan Lake Park .The Council approved the request from Cheryl Magnuson, 4444 Monroe Street, Columbia Heights, Mn., to serve 3.2 beer at Sullivan Lake Park on Sunday, July 9, 1995 and Sunday, July 23, 1995. ~equest to Serve Beer- Sullivan Lake Park The Council apDroved the request of the Aid Association of Lutherans, Branch 2244, received from AAL member Pat Rosengren, 3936 Reservoir Boulevard, Columbia Heights, Mn., to serve 3.2 beer at the Association's picnic on Tuesday, June 20, 1995 from 5:30 to 9:30, p.m. ADDrove Fireworks DisPlaY Contract The Council approved acceptance of the proposal received from Remote Effects Systems, Inc. for a fireworks display on June 24, 1995 with funding to come from General Fund 101 and $4,000 funding to come from Contributions Fund 881 and also authorized the Mayor and City Manager to enter into a contract for the same. REGULAR COUNCIL MEETING JUNE 12, 1995 PAGE 3 Anoka County Joint Powers Agreement SCORE Funds The Council authorized the Mayor and City Manager to enter into the 1995 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $63,593.78 available as reimbursement for eligible expenses. March Issue of the City Newsletter The Council authorized the Mayor and City Manager to enter into an agreement with Rapid Graphics and Mailing, Inc. for the production of the March 1995 City Newsletter at a cost of $5,321.75. Authorization to Seek Bids for Rehabilitation of the Ostrander Park Buildina The City Council authorized that the money budgeted ($10,000) for the rehabilitation of the McKenna Park building be used to rehabilitate the Ostrander Park building and that staff be authorized to seek bids for the rehabilitation work based on a recommendation of the Park and Recreation Commission. Rejection of Bids for Replacement of Pickup #136 The Council rejected both bids received for replacing pickup #136 and authorized staff to rebid the replacement of pickup #136. License Applications The Council approved the 1995 license applications as listed upon payment of proper funds and the rental property license applications as submitted by Lowell DeMars on the memorandum dated June 12, 1995. ?ayment of Bills The Council approved the payment of bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Jolly, second by Peterson to approve the Consent Agenda as presented. Roll call: All ayes pRESENTATIONS Mayor Sturdevant presented a plaque to Dolores Strand recognizing her as the 1995 Humanitariam of the Year. The Mayor read a statement which addressed the numerous activities and civic affairs in which Ms. Strand has been involved. REGULAR COUNCIL MEETING JUNE 12, 1995 PAGE 4 OPEN MIKE Jeff Siegfried, a former resident of Columbia Heights, requested Council approval to hold an All American Soap Box Derby in the City on Saturday, July 8th. He gave all of the specifics regarding the race, the age ranges of participants and the type of cars which would participate in the race. He also mentioned what safety and crowd control equipment he would supply. Mr. Siegfried will supply barricades, fencing, warning lights, .publicity, bathrooms, and food vendors, who will apply for the 'necessary licenses. A clinic night is scheduled for June 22nd at a Fridley car dealership. The City Manager suggested any formal action by the Council should be contingent upon insurance requirements being met and other matters. Motion by Ruettimann, second by Peterson to authorize the use of 46th Avenue Northeast for an All American Soap Box Derby on July Sth, with two rain days, contingent upon Mr. Siegfried working in cooperation with Public Works Department staff, Recreation Department staff and Police Department staff, and furthermore, that the insurance .coverage meets with the approval of the City's insurance carrier and the City Attorney. Roll call: All ayes A former mayor/councilmember advised the Council he had inquired as to the procedures employed by the Post Office regarding the delivery of the City's newsletter. He was informed how the material is sorted and noted that some homes in his neighborhood did not receive the newsletter. He requested this matter be followed up on by staff for future newsletters. Referring to the Strategic Plan developed by City staff, this resident felt the document was weak regarding payments and costs. He suggested future finances may present problems as there may be major adjustments made in the amount of local government aid the City receives and this source of funding may cease permanently. He recommended costs associated with the Strategic Plan receive more discussion by members of the City Council. A resident addressed numerous issues regarding City affairs which he found troublesome. REGULAR COUNCIL MEETING JUNE 12, 1995 PAGE 5 PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Public Hearing - License Revocation, 4724 Sixth Street ~ortheast Motion by Peterson, second by Ruettimann to close the public hearing regarding the revocation of the rental license held by Roger S. Kelly for rental property located at 4724 Sixth Street Northeast in that the property owner has complied with provisions of the Housing Maintenance Code. Roll call: All ayes COMMUNICATIONS a. Traffic Commission The minutes of the June 5, 1995 Traffic Commission meeting were included in the agenda packet for informational purposes only. No Council action was necessary. b. Special Election Ordered by Governor Governor Carlson ordered a special election be held on Tuesday, July 11, 1995 to fill the vacancy in the House of Representatives for District 52A. This vacancy was created by the resignation of Representative Wayne Simoneau. If necessary, a special primary election will be held on Tuesday, June 27, 1995. District 52A includes all of the City of Columbia Heights and portions of Fridley and New Brighton. OLD BUSINESS There was no old business. NEW BUSINESS a. Award of Engineering Services for Water Tower Reconditioning Project #9503 Councilmember Peterson inquired if some appropriate decorative painting or logo could be put on the water tower. Staff will follow up this matter. REGULAR COUNCIL MEETING JUNE 12, 1995 PAGE 6 Motion by Jolly, second by Peterson to award engineering services for water tower reconditioning to AEC Engineering of Minneap61is, Mn. based on their formal proposal dated May 8, 1995 with funds to be appropriated from Fund 651-49449-5130~ and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes b. Consider Option to Withdraw from Anoka County CDBG Entitlement Pro~ram Motion'by Ruettimann, second by Peterson to grant approval for the City of Columbia Heights ~o continue participation in the Anoka County Community Development Block Grant/HOME programs for the next three (3) years starting as of June 30, 1996 with the Mayor and City Manager authorized to sign the necessary addendums to the existing Joint Cooperation Agreements on the programs. Roll call: All ayes c. Authorization to PurChase Three (3~ Fire Hydrants Motion by Peterson, 'second by Jolly to authorize staff to purchase three waterous WB-59 hydrants from Davies Water Equipment, Minneapolis, Mn., for a total cost of $3,073.92, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes d. License Refund on Restaurant at ~47 40th Avenu~ Northeast Motion by Ruettimann, second by Jolly to deny the request of the 1995 license fees paid by Richard Bierch for the operation at 547 40th Avenue Northeast. Roll call: Ail ayes 10. REPORTS a. Report of the City Manager The City Manager's report was submitted in written form. There was no discussion. b. Report of the City Attorney The City Attorney had nothing to report at'this time. REGULAR COUNCIL MEETING JUNE 12, 1995 PAGE 7 RECESS TO AN E~CUTIV~ SESSION Motion by Ruettimann, second by Jolly to recess at 8:15 p.m. to an Executive Session for the purpose of discussing pending litigation and that Jo-Anne Student be appointed as the Recording Secretary. RECONVENING OF REGULAR COUNCIL MEETING FROM EXECUTIVE SESSION Motion by Ruettimann, second by Peterson to reconvene the Regular Council Meeting at 8:45 p.m. from the Executive Session where pending litigation with the City of Hilltop was discussed and a written record of the discussions was maintained by the Recording Secretary. Roll call: All ayes ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Regular Council Meeting at 8:46 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COL'UMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, .'kin 55421-3878 (612~ 782-2800 \la',~r (i~uncilmembt, r, I),~mdd (i .hdl~ PI.;L,... (; X.,.,. ,. ,~k~ I*ffIERF_.&S: ('il~ Mana~t,r ~EREAS: JULY IS RECREATION AND PARKS MONTH Physical recreation and meaningful leisure experiences contribute to physical and mental well- being as well as the overall quality of life; and Community recreation and leisure opportunities create socially beneficial connections between and among individuals, groups and communities; and WHEREAS: Parks and recreation services provide preventive health benefits, support more productive workforces, enhance the desirability of locations for business and families, and stimulate tourism revenues to increase a total community economic development model; and WHEREAS: The provision and preservation of parks and open spaces are both an investment and insurance plan for our collective quality of life; NOW, THEREFORE, BE IT RESOLVED that July be designated as RECREATION AND PARKS MONTH by the National Recreation and Park Association; and BE IT FURTHER RESOLVED that all citizens of the City of Columbia Heights join in this nationwide celebration bringing recognition to all the benefits derived from quality public and private recreation and park resources at the local level. Mayor Joseph Sturdevant July 1995 CITY COUNCIL LETTER Meeting of: June 26, 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS, ORIGINATING DEPARTMENT: CITY MANAGER'S FIRST READING OF ORDINANCE CITY MANAGER'S APPROVAL NO. 1302 NO: 6 ITEM: SALE OF PROPERTY ON 38TH AVENUE N.E. BY: PATRICK HENTGES BY: NO: ~1 DATE: June 22, 1995 DATE: Attached please find an ordinance authorizing the sale of a storage building owned by the City at 500 38th Avenue N.E. and the adjacent railroad property is in the process of being acquired, located at 3725 5th Street N.E. The property, if approved, will be sold to the Columbia Heights Housing and Redevelopment Authority, and in turn to Robert Barnick for the Metro Assemblies, Inc. project. Over the past six months, the City Council has negotiated a development agreement with Robert Barnick, owner of Metro Assemblies regarding the sale and relocation of his business to the property. The City will provide Tax Increment Financing Assistance to Mr. Barnick in the form of writing down a portion of the value of the building and provide site development cost assistance. In turn, Mr. Barnick will invest approximately $100,000 in building improvements/ additions, and relocate Metro Assemblies business and its fifteen employees to the site. Mr. Barnick will pay approximately $60,000 and the City will receive another $60,000 of tax increments from the HRA to reimburse itself for a total investment in the site. Another $12,266 will be collected as administrative income and fees for the project. It is expected that the value of the property may exceed its previous tax level because of the building improvements and the addition. That additional tax value will be available to Mr. Barnick on an annualized basis in an aggregate amount of $50,416. Ail of these costs with the exception of the initial $60,000 payment will be amortized by an estimated annual tax of $8,842 over a fifteen year period, beginning in 1997 and ending in the year 2011. As previously stated, the tax increments are based upon a "pay-as-go" basis, thus requiring the developer to pay taxes before any tax increments will be distributed back to the project. Under this basis, the risk is minimal, except the City could experience delays in payment of administrative and/or building write-down reimbursements in the future. This is unlikely, however, because the property will be mortgaged under the S.B.A. 504 Program, whereby a considerable amount of the mortgage is guaranteed through a second interest on the part of the S.B.A. and a bank holding a first position on a balance of the mortgage. RECOMMENDED MOTION: Move to waive the first reading of the Ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to establish the Second Reading of Ordinance No. 1302 for Monday, July 10, 1995, at approximately 7:00 P.M. COUNCIL ACTION: ORDINANCE NO. 1302 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 500 38TH AVENUE N.E. AND 3725 5TH STREET N.E. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto the Housing and Redevelopment Authority of Columbia Heights and Robert Bamick in conjunction with the Metro Assemblies, Inc. Project, the real property described as follows, to wit: All of Lots 29, 30, and 31, except West 18.5 feet of Lot 31, Block 89, Columbia Heights Annex to Minneapohs, City of Columbia Heights, Anoka County, Minnesota; AND the West 18.5 feet of Lot 31, Block 89, Columbia Heights Annex to Minneapohs, 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 int he attached agreement labeled "Exhibit Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant Date: June 1, 1995 METRO ASSEMBLIES/500 38TH AVENUE BUILDING REDEVELOPMENT PROJECT PROJECT TIMEFRAME ~Ianuary/May June 5, 1995 June 7, 1995 June 7-13, 1995 June 13, 1995 June 26,1995 July 10, 1995 July 11,1995 August 14, 1995 August 14,1995 City Council Work Sessions City Council Work Session Notice to Anoka County Holmes & Graven Meeting Housing and Redevelopment Authority Meeting City Council Regular Meeting City Council Regular Meeting Housing and Redevelopment Authority Meeting Closing Meeting City Council Regular Meeting Introduce Project(s) to City Council; approval of preliminary agreement Review/comment on project details; entertain other proposal for property Formally advise Anoka County to re- establish property in MURP TIF District Meet with Attorney to discuss Draft Development Agreement between Assemblies, City, and HRA Metro Review/comment on Tax Increment Financing Project Details First Reading of Ordinance to sell 500 38th Avenue property; authorization to seek bids on Public Works storage replacement space Second Reading of Ordinance to sell 500 38th Avenue property; approval of TIF/Development Agreement; approval of purchase of railroad property Approval of TIF/Development Agreement Close on sale 30 days after Ordinance approval Receive bids on Public Works Storage Replacement Space MAR-l?-'95 FRI 12:50 ID:~DS INC. TEL N0:786-9034 ~574 P02 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. Nawt:ocki Gary L. Peterson Robert \V. Ructtimann City Manat~er Patrick Hcntge~, Date: March 20, 1995 To: Mayor Joseph Sturdevant City Council Members City Manager, Patrick Hentges From: Tina Goodroad, Zoning/Grant Coordinator Subj: Metro Assemblies Site Plan Staff has reviewed the site plan submitted by Robert Barnick of Metro Assemblies for 500 38th Avenue. This site would require 17 parking spaces, 19 are shown on the site plan. The proposed parking spaces shown at the north end of the building would be on the public right of way. With some simple redesign of the parking area the required parking spaces can be achieved. Additional parking could also be placed on the south end of the building, possibly at an angle, where there is a 10' drainage easement. This site is only required to have one loading dock. Mr. Barnick has proposed to eliminate the dock facing west and upgrade the north dock so that it is dock height and drive up height. According to Section 9.116(5)(a)&(b) of the Zoning Ordinance: Ail required loading berths shall be off-street. A loading berth shall not be located less than fifty (50) feet from the lot line of an abutting lot in an "R" District. Loading berths shall not occupy front yards or side street yards. Unless otherwise specified in this Ordinance, a required loading berth shall be not less than twelve feet (12') in width, twenty five feet (25') in length and fourteen (14') in height, exclusive of aisle and maneuvering space. Because of these requirements staff is suggesting that Mr. Barnick eliminate the north dock and upgrade the west dock where this required space is available. This site plan would also be reviewed by the Planning and Zoning Commission. Sincerely, Tina Goodroad Zoning/Grant Coordinator cc: Evelyn Nygaard Building Inspector/Zoning Administrator 'SERVICE IS OUR BUSI~',IE~C3 _='.~UAL ©P°CRTU':"IiTY EMPL© OF DISAB~L',TY :r.~ EMPL0! ':E;~: CB THE P~'5 PRELIMINARY REDEVELOPMENT BUDGEt ESTIMATE 500 38TH Ave. N..E., Columbia Hts., MN. 55421 DESCRIPTION COST Architect/Eng. fees Project Administration, Site Supervision Building Permit Demolition, Fence Clean Up Dumpster Concrete & Masory Exterior Walls Roofing, Existing Roofing Millwork & Doors Carpentry Room cabinets Overhead Door & Openers Glass Glazing Dry Wall Carpet/Resilient Carpet Labor Paint/Interior Exterior Paint Window Coverings Signage Plumbing, Upddate to A.D.A. Plumbing H.V.A.C. Electrical Light Fixtures, 27 Interior, 5 Exterior Parking Lot, 6,500 Sq. Ft. Landscaping Security System 4,500.00 9,780.00 1,200.00 750.00 1,800.00 1,200.00 23,500.00 12,880.00 17,500.00 9,500.00 3,500.00 1,800.00 1,600.00 2,200.00 7,000.00 6,375.00 25,000.00 9,500.00 1,200.00 3,700.00 1,850.00 750.00 4,000.00 8,000.00 22,500.00 5,500.00 2,560.00 8,750.00 1,000.00 3,500.00 $202,895.00 R. C. Barnick; Metro Assemblies 11-30-94 METRO ASSEMBLI DEC 2300 40TH AVE. N.E. MINNEAPOLIS, MN 55421 PHONE: (612) '788-4393 FAX: (612) '789-5331 - CONFIDENTIAL - November 30, 1994 City of Columbia Heights Housing and Redevelopment Columbia Heights, MN 55421 Attn: Don R. Schneider, Director Re: Redevelopment of 500 38th Ave. N.E. Sir: Please accept this letter as a request to enter into an "Exclusive Negotiation Agreement", on the aforementioned property, with a term of 90 days. I have attached a copy of my preliminary budget, site plan and concept drawing for your review. Based on my investigation and appraisal of similiar properities, the fair value of the redeveloped property would be $227,000.00. Taking into account the $202,895.00 redevelopment costs, my total acquisition cost of existing property and the SooLine property could not exceed $24,105.00 to make this a viable project. I have done preliminary investigation into required financing and forsee no problems. The completion of this project would have to be no later than August, 1995, so as not to impact my existing lease. I am willing to enter into a purchase agreement, and supply earnest money at the appropriate time. Thank you for your patience, I am looking forward to working with you, Mr. Hentges and the council. Sincerely, R [ C~rnick RCB:st Enc. 3 cc: Day File 500 38th File J. Casserly CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevant Councilmembers Donald G. Joll,, Bruce G. Nawrocki GaN, k. Peterson Robert W. Ruettimann Cit.,,, Manao~er Patrick Hentges April 13, 1995 Robert Barnick Metro Assemblies 2300 40th Avenue N.E. Columbia Heights, MN 55421 RE: 500 38TH AVE. N.E. Dear Mr. Barnick: Enclosed as per our telephone conversation on April 11 are three copies of the Exclusive Negotiations Agreement for your signature. Please sign and return all three copies. We will send you one signed copy after the Mayor and city Manager signs the agreements. Sincerely, Donald R. Schneider Director Community Development Enclosure City ~ "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLO'/EP THE CITY OF COLUMBIA HEIGHTS DOES NCT OtSCRffvlINATE ON THE BASIS OF DISABILIT",' 11',,1 EMPLOYMENT OR THE PROVISION OF SERVICES GARY P. WINTER Attorney at Law Ditvct Dml (612) 337-9204 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone (612) ~37-9300 Facsimile (612) $37-9310 April 12, 1995 Donald Schneider Executive Director Columbia Heights HRA 590 NE 40th Avenue Columbia Heights, MN 55421 RE: Exclusive Negotiation Agreement - City of Columbia Heights and Robert C. and Priscilla A. Barnick Dear Don: Enclosed are copies of the Exclusive Negotiation Agreement and Resolution approving the same corrected to reflect the name of the developer as requested by Robert C. Bamick. Do not hesitate to contact me should you have any other requests regarding this matter. Very truly yours, Gary P. Winter GPW:mp GPW86923 CL160-74 THE CITY OF COLUMBIA HEIGHTS RESOLUTION NO. RESOLUTION TO ENTER INTO AN EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AND ROBERT C. BARNICK AND PRISCILLA A. BARNICK DOING BUSINESS AS METRO ASSEMBLIES, INC. WHEREAS, Robert C. Barnick and Priscilla A. Barnick, the owners and operators of Metro Assemblies, Inc., (the "Developer") have proposed to develop certain property and construct a 5,712 square foot office-industrial facility (the "Minimum Improvements") within the Multi-Use Redevelopment Project (the "Project') in the City; and WHEREAS, the Developer and the City of Columbia Heights (the "City") wish to consider the Developer's proposal and negotiate the terms and conditions for the City to assist the Developer to acquire the Proposed Site upon which the Developer proposes to consauct the Minimum Improvements; and WHEREAS, during the period of time during which the Developer and City wish to negotiate the terms and conditions of the City's participation in the redevelopment of the Proposed Site, the City and the Developer seek to protect their respective interests and give their attention to one another in order to resolve any issues and matters that may arise during the course of said negotiations; and WHEREAS, the Developer and the City agree to memorialize their attempt to negotiate the terms and conditions for the City's f'mancial and other participation and the Developer's construction of the Minimum Improvements in a written document of a set duration which will indicate the specific objectives of the parties (the "Exclusive Negotiation Agreement"); and WHEREAS, a copy of the Exclusive Negotiation Agreement in which the Developer and the City have determined that it is in their best interests to negotiate an agreement indicating the City's rights and obligations and the Developer's rights obligations associated with the Developer's proposal is provided to the City Council for the City. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Columbia Heights, Minnesota as follows: 1. The Exclusive Negotiation Agreement is hereby approved and the Mayor and the City Manager are authorized to execute the Exclusive Negotiation Agreement on behalf of the City. 2. The City Manager is authorized to make any non-material correctiom to the final Exclusive Negotiation Agreement prior to execution by the Mayor and the City Manager. Approved by the City Council for the City of Columbia Heights this day of ,1995. Dated: ATTEST: Mayor Secretary GPW86029 CL160-74 EXCLUSIVE NEGOTIATIONS AGREEMENT THIS AGREEMENT dated this ~ day of ,19:35 b~ and between THE CITY OF COLUMBIA HEIGHTS, a Minnesota home rule charter city (hereinafter "City") and Robert C. Barnick and Priscilla A. Barnick, doing business as METRO ASSEMBLIES, INC., (hereinafter "Developer"): WITNESSETH: WHEREAS, the City desires to promote development within the established Multi-Use Redevelopment Project and Tax Increment Financing District for which the Tax Increment Financing Plan CMURP-TIF Plan") adopted by the City on September 28, 1989 CMURP TIF District"); and WHEREAS, on December 1, 1994, the Developer submitted to the City a written proposal for development of an area of the MURP-TIF District (the "Developer's Proposal); and WHEREAS, the MURP-TIF Disttrct has been subject to the "Four Year No Action" provision contained in the Minnesota Tax Increment Financing Act CTIF Act") at Minnesota Statutes, Section 469.176, sub& 6; and WHEREAS, the City may request that any parcels that have been subject to the "Four Year No Action" provision of Minnesota Statutes, Section 469.176, subd. 6, be recertified by the Anoka County Auditor's Office; and WHEREAS, if the Developer's Proposal meets the needs of the City, the City will request that the Anoka County Auditor recertify the parcels affected by the Developer's Proposal that are located in the MURP-TIF District so that the City may provide an appropriate level of assistance through tax increment financing to the Developer, and WHEREAS, the Developer's Proposal, as it may be further amended or supplemented, contemplates the acquisition of land and an. existing building, the renovation of said existing building, the construction of additional office and industrial space and associated on-site parking and site development on a tract of land (hereinafter "proposed Site"), the approximate boundaries and legal description of which are set forth in "Exhibit A" hereto; and WHEREAS, the City Council for the City has reviewed the Developer's Proposal and concurs that the Developer has been designated to develop the Proposed Site under such terms and conditions as may be established by further negotiations during the term of this Agreement between the parties; and WHEREAS, the City and the Developer are willing and desirous to undertake development of the Developer's Proposal, provided that; (a) a satisfactory agreement can hereafter be reached between the parties for the Developer's acquisition from the City of the necessary portions of the Proposed Site; G?W85996 1 CL160-74 (b) a satisfactory agreement can hereafter be reached between the parties to establish the level of public assistance through tax increment financing to be provided by the City or the Columbia Heights Housing and Redevelopment Authority (the "Authority") to the Developer to help finance certain costs associated with the Developer's Proposal; (c) the Developer can secure satisfactory financing sufficient for the completion of the Developer's Proposal; (d) a satisfactory agreement can hereafter be reached between the parties to establish the eligible or qualified uses for the public assistance to be provided by the City or the Authority to the Developer, (e) the City is satisfied that the Developer's Proposal is economically feasible and in the best interests of the public. NOW, THEREFORE, in consideration of the mutual covenants of the parties hereto, IT IS AGREED between the parties as follows: 1. During the term of this Agreement, or any mutually agreed extension thereof, the parties shall use their best efforts to attempt to negotiate and formulate a definitive development contract (hereinafter "Development Agreement") which shall provide for the development of the Developer's Proposal and shall, at a minimum, contain the following: (a) Terms and conditions, including timing, upon which the City will acquire and sell to the Developer such lands within the Proposed Site as may be necessary for the Developer to undertake and complete the Developer's Proposal; (b) Terms and conditions concerning the scope and timing of construction of the Developer's Proposal by the Developer and of any public improvements to be constructed in connection with the Developer's Proposal; (c) A statement of the nature and amount of any security to be furnished to the City or the Authority to protect the City's or the Authority's financial investment in the Developer's Proposal before and after completion of the Developer's Proposal; (d) The terms and conditions for conveyance of title to the Developer of the Proposal Site. (e) Such other terms and conditions as may be agreed upon by the parties. 2. It is the intention of the parties that this Agreement: and (a) shall document the present understandings and commitments of the parties; GPW85996 2 CL160-74 (b) shall lead to negotiation and execution of a mutually satisfactory Development Agreement for the Developer's Proposal prior to the termination date of this Agreement. Said Development Agreement (together with any other agreements entered into between the parties hereto contemporaneous therewith), when executed, shall supersede all obligations of the parties hereunder and constitute the entire agreement between the parties hereto. 3. Unless otherwise extended by written agreement between the parties, negotiations hereunder shall continue for a period of 90 days following execution hereof. The Developer may extend the term of this Agreement for an additional 90 days by giving written notice of its desire to so extend the Agreement to the Authority within the initial 90-day period; provided, that the Agreement will be extended only if the Authority finds that the Developer has diligently undertaken and pursued its obligations under this Agreement. If a Development Agreement for the Developer's Proposal is not satisfactorily negotiated and executed within the period of this Agreement, as the same may be extended, the obligations of either party to one another shall terminate and neither shall incur any obligation to the other. 4. During the term of this Agreement, the Developer shall: (a) provide to the City or the Authority, within 30 days of execution of this Agreement, a definitive description of the lands comprising the Proposed Site which need to be acquired by the City or the Developer; (b) provide to the City, within 45 days of execution of this Agreement, final development of the schematics and designs presented to the City staff on December 1, 1994; (c) provide to the City, a preliminary design proposal and a cost analysis projection for the design and construction of the Developer's Proposal. The preliminary proposal shall show the location, size and nature of the Developer's Proposal, including floor plans, outline specifications and other graphic or written explanations of the Developer's Proposal, shall be accompanied by a time schedule for all phases of development, and shall show and be compatible with any public improvements to be constructed adjacent to or as part of the Developer's Proposal; (d) undertake and obtain such other preliminary economic feasibility studies, income and expense projections and such other economic information as may be reasonably required by the City or the Authority to confh'm the economic feasibility and soundness of the Developer's Proposal; (e) within 45 days of execution, submit to the Authority for a review a Project financing plan which shows the Developer's ability to finance the Project and includes: (i) a market study for the development prepared by a consultant retained by the Developer; and GPW85996 3 CL160-74 (ii) such other evidence as may be reasonably required by the City or the Authority to demonstrate that the Developer's Proposal will be economically successful and that "but for" the assistance to be provided by the City or the Authority, the Developer's Proposal would not be constructed. (f) furnish to the City such information or documentation as may be required by the City to identify the legal entity constituting the Developer, the identity of the Developer's principal owners and the legal relationships of such principal owners. (g) furnish to the City or its designated financial consultant such information or financing statements as the City may reasonably request concerning each person or entity comprising the Developer and evidencing the financial responsibility of such person or entity and the nature and extent of such person's or entity's financial interest in the Developer and the Proposed Site upon construction and completion of the Developer's Proposal. 5. During the period of this Agreement, the City shall concurrently with the Developer's performance described in paragraph 4 herein: (a) obtain appraisals of the fair market value of any land or interests in land contained within the Proposal Site needed to be acquired by the City or the Authority on behalf of the Developer; (b) obtain its best estimate of the cost of relocating present occupants of the Proposed Site; (c) obtain an estimate of the City's cost of constructing any associated public improvements necessary to complete the Developer's Proposal; (d) develop a f'mancial plan for the City's participation in the Developer's Proposal and construction of associated public improvements, which plan shall document all public costs, projected public revenues, and bond or note financing (including debt service) costs; and (e) reasonably cooperate 'with the Developer in meeting the Developer's obligations hereunder; (f) be permitted to assign the responsibility for carrying out the City's responsibilities as provided in this Agreement to the Authority. 6. It is expressly understood that the subsequent execution and implementation of the Development Agreement between the parties shall be subject to: (a) the City's informed judgment that its undertakings thereunder are feasible based upon estimated tax increment revenues and are consistent with the purposes and objectives of the Multi-Use Redevelopment Project Plan and the MURP-TIF Plan; GPW85996 4 CL160-74 (b) the Developer's determination that the a~eed upon real estate tax level on the Proposed Site upon completion of construction and occupancy will not unduly burden the economic feasibility of the Developer's Proposal; (c) the determination that an adequate time schedule to govern their respective undertakings may be agreed upon between the parties; and (d) the determination by both parties, in light of all the facts and ckcumstances, that the undertaking of the Developer's Proposal is in the best interest of both parties. THE CITY OF COLUMBIA HEIGHTS By. Joseph Sturdevant Its Mayor By Patrick Hentges Its City Manager Robert C. Barnick and Priscilla A. Barnick d/b/a/METRO ASSEMBLIES, INC. By Robert C. Bamick Its Priscilla A. Bamick Its By GPW85996 5 CL160-74 EXHIBIT A Legal Description and Map of Proposed Site West 18.5 feet of Lot 31, Block 89 Columbia Heights Annex to Minneapolis, Anoka County, Minnesota (owned by CP Rail Systems) All of Lots 29, 30, and 31 except the West 18.5 feet of Lot 31, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota (owned by City of Columbia Heights) ~w~ A-1 CL160-74 Attorneys at Law ROBERT A. ALSOP RONALD H. BATTY STEPHEN J. BUBUL JOHN B. DEAN MARY G. DOBBINS CORRINE A. HEINE DAVID J. KENNEDY CHARLES L. LEFEVERE JOHN M. LEFEVRE, JR. ROBERT J. LINDALL ROBERT C. LONG JAMES M. STROMMEN Mr. Patrick Hentges City Manager City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 KENNEDY & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 Facsimile (612) 337-9310 WRITER'S DIRECT DIAL (612) 337.9262 June 23, 1995 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. DAVIDSON WELLINGTON H. LAW T. JAY SALMEN RE: Barnick Development Agreement Dear Pat: Enclosed for consideration by the Columbia Heights city council and HRA is a copy of the agreement among the city, the HRA and Robert and Priscilla Bamick. In essence, the deal among the parties is as follows: The city agrees to sell the property to the HRA for $60,000 cash and take a note from the HRA for the additional $60,000. The note will be repaid by the HRA without interest from tax increment generated by the project. 2. The HRA agrees to sell the property to Bamick for $60,000. Bamick agrees to renovate and construct an addition to the existing structure on the property. Bamick agrees to sign an assessment agreement establishing a minimum market value upon completion of $227,000. This will be in effect through 2011. After using increment to reimburse the city for the cost of the property and itself for its administrative expenses, the HRA will use any additional increment to reimburse Bamick for specified costs. Barnick will be required to show that these costs were actually incurred and were reasonable. This will be a revenue obligation only, and the HRA will not be required to reimburse those costs if there is insufficient increment. If you have any questions or comments regarding this agreement, please feel free to give me a call. Ronald H. RHB:ckr THIRD DRAFT 6-23-95 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 This document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, MN 55402 RI~B90825 CL160-74 Section 1.1. Section 1.2. Section 1.3. TABLE OF CONTENTS ARTICLE I Definitions Definitions ........................... 1 Exhibits ............................ 3 Rules of Interpretation .................... 3 Section 2.1. Section 2.2. Section 2.3. Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 3.5. Section 3.6. ARTICLE II Representations and Warranties Representations by the Authority .............. 4 Representations by the City .................. 4 Representations by the Developer .............. 5 ARTICLE III Conveyance of Property Conveyance of the Property ................. 6 Conditions Precedent to Conveyance ............ 6 Cost of the Property; Time of Conveyances ......... 6 Title .............................. 7 Public Hearing Prior to Sale ................. 7 Soil Tests; Indemnify ..................... 7 Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. ARTICLE IV Construction of Minimum Improvements Construction of the Minimum Improvements ......... 8 Construction Plans ...................... 8 Commencement and Completion of Construction ....... 10 Certificate of Completion ................... 10 Reconstruction of Minimum Improvements .......... 10 Property Taxes; Special Assessments ............ 10 Section 5.1. Section 5.2. Section 5.3. ARTICLE V Public Assistance Land Write Down ........................ 11 Qualifying Reimbursable Costs ................ 11 Repayment Agreement ..................... 11 Section 6.1. Insurance ARTICLE VI Insurance RHB90825 CL160-74 i Section 7.1. Section 7.2. Section 7.3. ARTICLE VI Assessment Agreement Real Property Taxes Assessment Agreement Use of Tax Increments ..................... 13 .................... 13 .................... 14 ARTICLE VIII Prohibitions Against Assignment, Transfer and Encumbrances; Mortgage Section 8.1. Section 8.2. Prohibition Against Assignment, Transfer Encumbrances ....................... 14 Limitation Upon Encumbrance of Property .......... 15 Section 9.1. Section 9.2. Section 9.3. Section 9.4. Section 9.5. ARTICLE IX Events of Default Events of Default Defined ................... 15 Remedies on Default ...................... 15 Reinvesting Interest in the Authority Upon Happening of Event Subsequent to Conveyance to Developer ..... 16 No Remedy Exclusive ...................... 17 No Additional Waiver Implied by One Waiver ......... 17 Section 10.1. Section 10.2. Section 10.3. Section 10.4. Section 10.5. Section 10.6. Section 10.7. SIGNATURES TESTIMONIALS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F ARTICLE X Additional Provisions Conflict of Interests; Representatives Not Individually Liable .................... 17 Restrictions on Use ...................... 18 Notices and Demands ...................... 18 Disclaimer of Relationships .................. 18 Modifications ......................... 18 Counterparts ......................... 18 Provisions Not Merged with Deed ............... 18 PROPERTY LEGAL DESCRIPTION LIST OF CONSTRUCTION PLAN DOCUMENTS FORM OF PROPERTY DEED FORM OF CERTIFICATE OF COMPLETION FORM OF ASSESSMENT AGREEMENT FORM OF REPAYMENT AGREEMENT RHB90825 CL160-74 ii CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT is made this day of 1995, by and among the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, a public body corporate and politic under the laws of Minnesota (the "Authority"), the CITY OF COLUMBIA HEIGHTS, a home rule charter city and municipal corporation under the laws of Minnesota (the "City") and ROBERT C. BARNICK AND PRISCILLA A. BARNICK, d/b/a Metro Assemblies, a sole proprietorship (the "Developer"). WITNESSETH: WHEREAS, the Authority established and operates the Multi-Use Redevelopment Project (the "Project") and the MURP Tax Increment Financing District (the "MURP TIF District" or "TIF District"); and WHEREAS, the Authority has adopted a project plan (the "Multi-Use Redevelopment Project Plan" or "Project Plan") and a tax increment financing plan (the "MURP TIF Plan" or "TIF Plan") authorizing the Authority to finance all or a portion of the public development and redevelopment costs of the MURP TIF District; and WHEREAS, the Developer has proposed a development within the MURP TIF District which the Authority and the City have determined will promote and carry out the objectives for which the Project and MURP TIF District have been established, will assist in carrying out the objectives of the Project Plan and TIF Plan, will be in the vital best interests of the Authority and the health, safety and welfare of the residents of Columbia Heights, and is in accordance with the public purposes and provisions of the applicable state and local laws and requirements under which development in the Project has been established and is being assisted; and WHEREAS, in order to achieve the objectives of the Project Plan and TIF Plan, the Authority has determined to provide aid and assistance to the Developer in the form of a land write down and reimbursement for specified costs incurred by the Developer; and WHEREAS, the City and the Developer on May 8, 1995 entered into an Exclusive Negotiation Agreement (the "Exclusive Agreement") which committed the parties to negotiate a Contract for Private Redevelopment. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the Authority, the City and the Developer, each party does hereby represent, covenant and agree with the other as follows: RHB90825 CL160-74 I ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, the following terms shall have the meanings given to them unless a different meaning clearly appears from the context: "Administrative Expenses" means all expenditures of the Authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the Property, relocation benefits paid to or services provided for persons residing or businesses located in the Project, or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to the TIF Act. "Administrative Expenses" includes amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. "Agreement" means this Contract for Private Development, as the same may be from time to time modified, amended, or supplemented. "Assessment Agreement" means the agreement, in the form attached hereto as Exhibit E, among the Authority, the Developer and the assessor, which establishes a Minimum Market Value for the Property and Minimum Improvements for taxes payable beginning in 1997 through the Termination Date. "Available Tax Increment" means tax increment paid to the Authority by the County regarding the Minimum Improvement each year, after first deducting $3,680.56 to reimburse the City for the cost of the Property and after deducting $817.90 to reimburse the Authority for Administrative Expenses. "Authority" means the Housing and Redevelopment Authority in and for the City of Columbia Heights, a public body corporate and politic under the laws of Minnesota. "City" means the City of Columbia Heights, a home rule charter city and municipal corporation under the laws of Minnesota. "Construction Plans" means the plans, specifications, drawings and related documents regarding construction of the Minimum Improvements by the Developer on the Property. The Construction Plan documents are listed on Exhibit B attached hereto. "County" means Anoka County, Minnesota. "Developer" means Robert C. Barnick and Priscilla A. Barnick, d/b/a Metro Assemblies, a sole proprietorship. "Housing and Redevelopment Authorities Act" or "HRA Act" means Minnesota Statutes, sections 469. 001 through 469. 047, as amended. "Minimum Improvements" means the improvements described in the Construction Plans, consisting generally of the renovation and expansion of a 5,000 i~HB90825 CL160-74 2 sq. ft. office/warehouse facility. After construction of the Minimum Improvement, the term means the Property as improved by the Minimum Improvements. Minimum Market Value" means the value for real estate tax purposes of $227,000 with respect to the Property and Minimum Improvements for taxes payable in 1997 through the Termination Date. "Project" means the Multi-Use Redevelopment Project in which the MURP TIF District is located. The Project was established on September 28, 1989. "Project Plan" means the Multi-Use Redevelopment Project Plan. "Property" means the real property upon which the Minimum Improvement will be constructed, a legal description of which property is contained on Exhibit A attached hereto. "Property Deed" means the quit claim deed by which the Authority will convey the Property to the Developer. The form of the quit claim deed is attached hereto as Exhibit C. "Qualifying Reimbursable Costs" means the landscaping, parking lot construction, fees, permit costs and other costs actually and reasonably incurred by the Developer in preparing the Property for construction of the Minimum Improvements. "State" means the State of Minnesota. "Tax Increment Act" or "TIF Act" means Minnesota Statutes, sections 469. 174 through 469. 179, as amended. "Tax Increment Financing District", "TIF District" or "MURP TIF District" means the Authority's MURP Tax Increment Financing District, which was established on September 28, 1989. "Tax Increment Financing Plan" or "MURP TIF Plan" means the Plan adopted by the Authority to guide development in the MURP TIF District. "Tax Official" means any city or county assessor; county auditor; city, county or state board of equalization, the commissioner of revenue of the state, any state or federal district court, the tax court of the state, or the state supreme court. "Termination Date" means December 31, 2011. "Unavoidable Delays" means delays which are the direct result of acts of God; unforeseen adverse weather conditions; fire or other casualty to the Minimum Improvements; litigation commenced by third parties which, by injunction or other similar judicial action causes delays; acts of any federal, state or local governmental unit (other than the Authority or the City in enforcing their rights under this Agreement); Authority or City defaults as to the Developer's delays, Developer defaults as to the City's or Authority's delays, or other matters which are not within the control of the Developer as to the Developer's delays or not within the control of the Authority or the City as to the their delays. RHB90825 CL160-74 3 Section 1.2. Exhibits. The following exhibits are attached to and by reference made a part of this Agreement: ie B. C. D. E. F. Legal description of the Property List of Construction Plan documents Form of Quit Claim Deed Form of Certificate of Completion Form of Assessment Agreement Form of Repayment Agreement Section 1.3. Rules of Interpretation. (a) This Agreement shall be interpreted in accordance with and governed by the laws of Minnesota. (b) The words "herein" and "hereof" and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. (d) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority. The Authority makes the following representations as the basis for the undertakings on its part contained herein: (a) The Authority is a Housing and Redevelopment Authority, a public body corporate and politic under the laws of Minnesota. (b) The Authority has the right, power and authority to execute, deliver and perform its obligations according to this Agreement and all other documents to be executed by the Authority pursuant hereto. The Authority assures the City and the Developer that the individuals who execute this Agreement and all other documents executed by the Authority or on behalf of the Authority are duly authorized to sign the same on behalf of the Authority and to bind the Authority thereto. (c) The MURP Tax Increment District is a redevelopment tax increment financing district which was created on September 28, 1989. Section 2.2. Representations by the City. The City makes the following representations as the basis for the undertakings on its part contained herein: (a) The City is a home rule charter city and municipal corporation under the laws of Minnesota. (b) The City is the fee owner of the Property. RHB90825 CL160-74 4 (c) The city has the right, power and authority to execute, deliver and perform its obligation according to this Agreement and all other documents to be executed by the City pursuant hereto. The City issues the Authority and the Developer that the individuals who execute this Agreement and all other documents executed by the City or on behalf of the city are duly authorized to sign the same on behalf of the City and to bind the City thereto. Section 2.3. Representations by the Developer. The Developer makes the following representations as the basis for the undertakings on its part contained herein: (a) The Developer is a sole proprietorship, duly organized and in good standing under the laws of Minnesota. The Developer has the right, power and authority to execute, deliver and perform its obligations according to this Agreement and all other documents to be executed by the Developer pursuant thereto. The Developer assures the City and the Authority that the individuals who execute this Agreement and all other documents executed by the Developer or on behalf of the Developer are duly authorized to sign the same on behalf of the Developer and to bind the Developer thereto. (b) In the event the Property is conveyed to the Developer, the Developer will construct the Minimum Improvements on the Property, and will do so in accordance with the terms of this Agreement, the Program, the TIF Plan and all locai, state and federai laws and zoning, building code, public heaith laws, and all applicable locai, state or federal energy conservation laws or regulations. (c) The Developer has funds or has obtained financing in an amount sufficient to finance construction of the Minimum Improvements. (d) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer, the City or the Authority in the District, the TIF District or on the Property may be or will be in violation of any environmental law or regulation. The Developer is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure. In the event that the City or the Authority is required to take any action to obtain any necessary permits or approvals with respect to the Minimum Improvements or the Property under any local, state or federal environmental law or regulation, the Developer will cooperate with the City or the Authority in connection with such action. (e) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (f) The proposed redevelopment of the Property, including construction of the Minimum Improvements, would not occur but for the tax increment financing assistance being provided by the Authority hereunder. RI{B90825 CL160-74 5 ARTICLE III Conveyance of Prope~ Section 3.1. Conveyance of the Property. The City is the fee owner of the Property. The City agrees to convey its interest in the Property to the Authority, subject to compliance with city charter requirements regarding the sale of public property. If the Authority obtains title to the Property, the Authority agrees to convey title to the Property to the Developer if the Developer is in compliance with this Agreement and all conditions precedent to performance by the City or the Authority have been satisfied. The legal description of the Property is contained on Exhibit A attached hereto. The Authority shall convey title and possession of the Property to the Developer under a quit claim deed in the form attached hereto as Exhibit C. The conveyance of the Property and the Developer's use of the Property shall be subject to all of the conditions, covenants, restrictions and limitations imposed by this Agreement, the HRA Act and the Property Deed. The conveyance of title to the Property and the Developer's use of the Property shall also be subject to building and zoning laws and ordinances and all other local, state and federal laws and regulation. Section 3.2. Conditions Precedent to Conveyance. Notwithstanding anything herein to the contrary, the Authority shall not be obligated to convey the Property to the Developer until the following conditions precedent have been satisfied: (a) the Authority has obtained title to the Property from the City; (b) the Authority has determined that the sale of the Property is advisable, following the public hearing required by the HRA Act; (c) the Authority has successfully persuaded the County to include the Property in the TIF District again, which Property previously was deleted from the TIF District because of section 469. 176, subd. 6 of the TIF Act. (d) the Developer has submitted Construction Plans which are acceptable to and approved by the City and the Authority; (e) the Developer has submitted evidence of financing of the Minimum Improvements which is acceptable to the Authority; (f) the Developer, the Authority and the assessor have executed the Assessment Agreement; and (g) there has been no Event of Default on the part of the Developer. If all conditions precedent have been satisfied and the Authority offers to sell the Property to the Developer, the Developer agrees to purchase the Property from the Authority. Section 3.3. Cost of the Propertyl Time of Conveyances. (a) The Authority agrees to pay the City $60,000 for the Property. In addition, the Authority agrees to pledge tax increment received from the County as a result of construction of the Minimum Improvements to reimburse the City for an additional $60,000. The RHB90825 CL160-74 6 Authority agrees to reimburse the City from tax increment, after first reimbursing itself each year for Administrative Expenses in the amount of $817.90. Thereafter, the next $3,680.56 in increment paid to the Authority each year shall be used to reimburse the City until the City shall be reimbursed the full $60,000. (b) The Developer agrees to pay the Authority $60,000 for the Property at closing. Subject to satisfaction of all of the terms and conditions contained in this Agreement which must be satisfied prior to the Authority's conveyance of the Property to the Developer, the Authority shall execute and deliver the Property Deed to the Developer. Closing shall occur on , 1995 or on such other date as the Authority and the Developer shall mutually agree to in writing, but in no event later than , 1995. The Developer shall have possession of the Property upon closing. Closing shall be at the offices of the Authority. The Property Deed shall be in recordable form. The Developer shall be responsible for the cost of recording the Property Deed. The Authority and the Developer agree to pro rate real estate taxes due and payable in 1995 as of the date of closing. The Developer agrees to pay all real estate taxes due and payable in the year after closing and thereafter. Section 3.4. Title. The City agrees to arrange for a commitment for the issuance of an owner's title insurance policy with respect to the Property and to deliver same to the Developer within thirty (30) days from the date hereof. The commitment shall commit the insurer to the issuance of an owner's title insurance policy (ALTA FORM "B"), shall name the Developer as the proposed insured, shall be certified to date, and shall include searches for bankruptcies and state and federal judgments, tax and other liens and for all special assessments levied or pending. The commitment shall include full mechanic's lien coverage, if available, and coverage for matters revealed by a survey (including gaps). If the commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), the City shall have thirty (30) days from the date of notice of such defects to make a good faith effort to cure such defects and to furnish a later report showing the defects cured or removed. If such defects are not cured within thirty (30) days, the Developer may terminate this Agreement or may, at its election, take title to the Property as it then is. Section 3.5. Public Hearing Prior to Sale. (a) The City's obligation to sell the Property to the Authority is contingent upon compliance by the City with the terms and conditions of its home rule charter regarding the sale of public land. The City agrees to hold the necessary hearings and readings on an ordinance authorizing sale of the Property to the Authority. Notwithstanding anything herein to the contrary, the determination to sell the Property to the Authority shall be in the sole discretion of the City. (b) The Authority's obligation to reconvey the Property to the Developer is subject to compliance with the provisions of the HRA Act regarding the notice of sale, hearing and findings required for conveyance of real property. Upon execution of this Agreement, the Authority agrees to initiate the process to call for the required hearing and shall pursue same with due diligence. Notwithstanding anything herein to the contrary, the determination to sell the Property to the Developer shall be in the sole discretion of the Authority. Section 3.6. Soil Tests~ Indemnity. (a) Neither the City nor the Authority makes any representations to the Developer regarding the soil conditions on the Property or the suitability of the Property for use by the Developer for construction I~qB90825 CL160-74 7 of the Minimum Improvements. Likewise, neither the City nor the Authority has conducted any tests and make no representations to the Developer regarding the presence of pollution, contamination or hazardous substances on the Property. (b) Within twenty (20) days of the date of this Agreement but prior to conveyance of the Property to the Developer, the Developer shall have the right to undertake soil tests and borings on the Property regarding the suitability of soil conditions for construction of the Minimum Improvements and regarding the presence of pollution, contamination or hazardous substances on the Property. The City hereby grants permission for the Developer to enter upon the Property for the purpose of undertaking such soil tests and borings. In the event that the Developer determines, in its sole judgement, that the condition of the Property is unsuitable for construction of the Minimum Improvements, the Developer may terminate this Agreement and return the Property to its condition prior to undertaking such soil tests or borings, and the parties shall have no further obligations to one another. (c) After closing, regardless of the whether the Developer has availed itself of the right to conduct tests under section 3.6(b) of this Agreement, neither the City nor the Authority shall have any obligation or liability to the Developer for any defect or unsuitability with respect to the soil conditions or the presence of any pollution, contamination or hazardous substances on the Property. The Developer agrees to indemnify and hold harmless the City and the Authority, their officers, agents and employees, against any claims or actions from the Developer or any third party, regarding the soils or the presence of any pollution, contamination or hazardous substances on the Property. This undertaking shall survive closing and shall not merge with the Property Deed. ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of the Minimum Improvements. Subject to the terms and conditions of this Agreement, the Developer agrees that it will construct the Minimum Improvements on the Property in accordance with the Construction Plans. The Minimum Improvements will be completed by no later than December 31, 1995. The Developer agrees to maintain, preserve and keep the Minimum Improvements in good repair and condition, subject to reasonable wear and tear and casualty excepted, at least until the Termination Date. Nothing in this Agreement shall be construed to exempt the Developer from the need to obtain the necessary building and other permits ordinarily required prior to commencement of construction and to construct the Minimum Improvements in compliance with all codes, regulations and ordinances related to construction. Section 4.2. Construction Plans. (a) Within thirty (30) days after the date of this Agreement, the Developer shall submit to the City and the Authority for their approval preliminary plans which consist of sketches of the exterior of the proposed Minimum Improvements which illustrate the size, character and location of such improvements. The City and the Authority shall review such preliminary plans and determine, in their sole discretion, whether such preliminary plans are acceptable. In the event that the City or the Authority finds such preliminary plans to be unacceptable, the entity shall communicate such fact to the Developer within ten (10) days after the date of the submission by the Developer. The Developer may then I~IB90825 CL160-74 8 submit new preliminary plans to the City and the Authority for their review and approval. If preliminary plans have not been submitted to and approved by the City and the Authority within sixty (60) days after the date of this Agreement, any party may terminate this Agreement. (b) Within thirty (30) days after approval of preliminary plans pursuant to this section 4.2, the Developer shall submit the Construction Plans to the City and the Authority. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the preliminary plans, and all applicable state and local laws and regulations. The City and the Authority shall approve the Construction Plans in writing if, in the sole discretion of the City and the Authority, the Construction Plans: (1) conform to the preliminary plans and to the terms and conditions of this Agreement; (2) conform to the terms and conditions of the Project Plan and MURP TIF Plan; (3) conform to all applicable federal, state and local law, ordinances, rules and regulations; (4) are adequate to provide for the construction of the Minimum Improvements; (5) conform to the state building code; and (6) there has occurred no Event of Default on the part of the Developer. No approval by the City or the Authority shall relieve the Developer of the obligation to comply with the terms of this Agreement, the Project Plan, the MURP TIF Plan, or applicable federal, state and local laws, ordinances, rules and regulations in constructing the Minimum Improvements. No approval by the City or the Authority shall constitute a waiver of an Event of Default. The Construction Plans shall, in any event, be deemed approved unless rejected in writing by the City or the Authority, in whole or in part. Such rejection shall set forth in detail the reasons therefor, and shall be made within ten (10) days after the date of their receipt by the City or the Authority. If the City or the Authority rejects the Construction Plans in whole or in part, the Developer shall submit new or corrected Construction Plans within twenty (20) days after written notification to the Developer of the rejection. The provisions of this section 4.2 relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City and Authority or until the City or the Authority reasonably determine that the Developer is not making a good faith effort to submit acceptable Construction Plans. The City's and the Authority's approval shall not be unreasonably withheld and shall constitute a conclusive determination that the Construction Plans comply to the City's and the Authority's satisfaction with the provisions of this Agreement relating thereto. The Construction Plans shall not be rejected due to any objection which could reasonably have been raised upon review of the preliminary plans and corrected more economically at that time. (c) If the Developer desires to make any change in the Construction Plans after their approval by the City and the Authority, including any change to the exterior design or materials or any other change which would also require review or reapproval under any applicable code, ordinance or regulation, the Developer shall submit the proposed change to the City and the Authority for their approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this section 4.2 with respect to such previously approved Construction Plans, the City and the Authority shall approve the proposed change and notify the Developer in writing of their approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City and the Authority unless rejected, in whole or in part, by written notice by the City or the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. RI{B90825 CL160-74 9 Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall commence construction of the Minimum Improvements within thirty (30) days after closing on of the Property or on such other date as the parties shall mutually agree. Subject to Unavoidable Delays, the Developer shall complete the construction of the Minimum Improvements no later than December 31, 1995. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the City and the Authority. Subsequent to conveyance of the Property to the Developer, and until construction of the Minimum Improvements has been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Developer with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum Improvements in accordance with the Construction Plans and all terms of this Agreement, the Authority agrees to furnish the Developer with a Certificate of Completion in the form of Exhibit D hereto. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement and in the Property Deed with respect to the obligations of the Developer to construct the Minimum Improvements and the dates for the beginning and completion thereof. (b) The Certificate of Completion provided for in this section 4.4 shall be in such form as will enable it to be recorded in the proper office in the County for the recordation of deeds and other instruments pertaining to the Property. If the Authority shall refuse or fail to provide certification in accordance with the provisions of this section 4.4, the Authority shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be completed when such Minimum Improvements are substantially completed. The Minimum Improvements will be deemed to be substantially completed when the Developer has received a certificate of occupancy from the City's building official and the Minimum Improvements are opened to the public for business. Section 4.5. Reconstruction of Minimum Improvements. If the Minimum Improvements are damaged or destroyed before or after completion thereof but before the Termination Date, the Developer agrees, for itself and its successors and assigns, to reconstruct the Minimum Improvements so that the Minimum Improvements and the Property have a value equal to the Minimum Market Value. The Minimum Improvements shali be reconstructed in accordance with the Construction Plans, or such modifications thereto as may be requested by the Developer and approved by the City and the Authority in accordance with section 4.2 of this Agreement. Section 4.6. Property Taxes; Special Assessments. After closing on the Property, the Developer agrees to pay all real estate taxes and special assessments on the Minimum Improvements and the Property as they become due. The Developer shall not cause the Property to be removed from the public tax rolls or to become R~B90825 c~o-~ 10 exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement or other action prior to the Termination Date. ARTICLE V Public Assistance Section 5.1. Land Write Down. In order to facilitate the financial feasibility of the development of the Property and in consideration for the Developer's fulfillment of its covenants and obligations under this Agreement, the Authority agrees to write down the cost of the Property for the Developer. The Authority agrees to sell the Property to the Developer for $60,000. The Developer agrees to pay the Authority $60,000 for the Property at closing. Section 5.2. Qualifying Reimbursable Costs. After an annual reduction of $817.90 for reimbursement of Administrative Expenses and reimbursement of $3,680.56 each year to the City for the cost of the Property, the Authority agrees to utilize Available Tax Increment to reimburse the Developer for the Qualifying Reimbursable Costs. Reimbursement of these costs shail be made solely in accordance with the terms of this Agreement and the Repayment Agreement. Section 5.3. Repayment Agreement. (a) After execution of this Agreement and completion of construction of the Minimum Improvements by the Developer, the Authority and the Developer agree to negotiate a Repayment Agreement in a form similar to the one attached hereto as Exhibit F. By the terms of the Repayment Agreement, the Authority will agree to reimburse the Developer for the Qualifying Reimbursable Costs out of Available Tax Increment. The Developer understands and acknowledges that the Available Tax Increment may not be sufficient to reimburse the Developer for any or all of the Qualifying Reimbursable Costs. It shall not be an Event of Default if, in any year or in all years prior to the Termination Date, there is insufficient Available Tax Increment to reimburse the Developer for any or all of the Qualified Reimbursable Costs. (b) After execution of the Repayment Agreement but as a condition precedent to the Authority being obligated to pay the Developer under the Repayment Agreement, the Developer agrees to submit evidence to the Authority regarding its actual and reasonable expenses relating to the Qualifying Reimbursable Costs. The Authority's obligation for reimbursing the Qualifying Reimbursable Costs shall be a revenue obligation payable solely from Available Tax Increment. The Authority's obligation to the Developer shall not exceed the amount of Available Tax Increment, or the Developer's actual and reasonable expenses, whichever is less. ARTICLE VI Section 6.1. Insurance. (a) The Developer agrees to provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the Authority, furnish the Authority with proof of payment of premiums on: REB90825 c~o-7~ 11 (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so called "all risk" form of policy; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above required limits, an umbrella excess liability policy may be used); and (iii) Worker's compensation insurance, with statutory coverage. The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and content satisfactory to the Authority and shall be placed with financially sound and reputable insurers licensed to transact business in Minnesota. The policy of insurance delivered pursuant to clause (i) above shall contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the Authority in the event of cancellation of such policy or change affecting the coverage thereunder. (b) Upon completion of construction of the Minimum Improvements and prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, heating system explosion, water damage, demolition cost, debris removal, collapse and flood, in an amount not less than the full insurable replacement value of the Minimum Improvements. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of coinsurance provisions or otherwise, without the prior consent thereto in writing by the Authority. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements and shall be determined from time to time at the request of the Authority, but not more frequently than once every three years, by an insurance consultant or insurer, selected and paid for by the Developer and approved by the Authority. (ii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for worker's compensation. (c) All insurance required in this Article VI shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of Minnesota to assume the risks covered thereby. The Developer will deposit annually with the Authority policies evidencing all such B}]B90825 cL~60-74 12 insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article VI, each policy shall contain a provision that the insurer shall not cancel nor modify it without giving written notice to the Developer and the Authority at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the Authority evidence satisfactory to the Authority that the policy has been renewed or replaced by another policy conforming to the provisions of this Article VI, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. ARTICLE VII Assessment Agreement; Right to Collect Taxes Section 7.1. Real Property Taxes. The Developer agrees that prior to the Termination Date: (1) it will not seek administrative review or judicial review of the applicability of any tax statute determined by any Tax Official to be applicable to the Minimum Improvements or the Developer or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (2) it will not seek administrative review or judicial review of the constitutionality of any tax statute determined by any Tax Official to be applicable to the Minimum Improvements or the Developer or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (3) it will not cause a reduction in the Minimum Market Value paid in respect of the Minimum Improvements through: (A) willful destruction of the Minimum Improvements or any part thereof; (B) willful refusal to reconstruct damaged or destroyed property pursuant to section 4.5 of this Agreement; (C) a request to the assessor to reduce the Minimum Market Value of all or any portion of the Minimum Improvements; (D) a petition to the board of equalization of the County to reduce the Minimum Market Value of ali or any portion of the Property; (E) a petition to the board of equalization of the State or the commissioner of revenue of the State to reduce the Minimum Market Value of all or any portion of the Property; (F) an action in a district court of the State or the tax court of the State pursuant to Minnesota Statutes, Chapter 278, seeking a reduction in the Minimum Market Value of the Property; (G) an application to the commissioner of revenue of the State requesting an abatement of real property taxes pursuant to Minnesota Statutes, Chapter 270; (H) any other proceedings, whether administrative, legal or equitable, with any administrative body within the County or the State or with any court of the State or the federal government; or (I) a transfer of the Property or Minimum Improvements, or any part thereof, to an entity exempt from the payment of real property taxes under State law. The Developer shall not, prior to the Termination Date, apply for a deferral of property tax on the Property pursuant to Minnesota Statutes, section 273.86. Section 7.2. Assessment Agreement. Prior to conveyance of the Property from the City to the Authority pursuant to Article III of this Agreement, the Developer and the Authority agree to enter into an Assessment Agreement, RHBg0825 CL160-74 13 substantially in the form of the Assessment Agreement contained in Exhibit E of this Agreement. The Assessment Agreement shall provide that the Minimum Market Value of the Property and Minimum Improvements shall be equal to $227,000 beginning on January 1, 1996 for taxes payable in 1997. The Minimum Market Value will remain in place until the Termination Date. Section 7.3. Use of Tax Increments. The Authority will use tax increment received as a result of construction of the Minimum Improvements to reimburse itself of its Administrative Expenses, not to exceed $817.90 per year, and to reimburse the City for the cost of the Property, not to exceed $3,680.56 per year. Any increment available after satisfaction of these obligations shall be considered Available Tax Increment. Except for its obligations under this Agreement regarding Available Tax Increment, the Authority shall be free to use any tax increment received from the Property or the Minimum Improvements for any purpose for which such increment may lawfully be used, pursuant to the provisions of Minnesota law, and the Authority shall have no obligations to the Developer with respect to the use of such increment. Section 7.4. Right to Collect Delinquent Taxes. The Developer acknowledges that the Authority is providing substantial aid and assistance in furtherance of the redevelopment of the Property. The Developer understands the Authority's ability to assist the Developer in the manner specified in this Agreement is directly dependent upon the prompt and timely payment of real estate taxes. To that end, the Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Property and the Minimum Improvements. The Developer acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the Anoka county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney fees. ARTICLE VIII Prohibitions Ag~in.~t Assignment, Transfer, and Encumbrances; Mortgage Section 8.1. Prohibition Against Transfer of Ownership Interests. (a) The Developer represents and agrees that its use of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Property and not for speculation in land holding. The Developer further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the City and the Authority; (b) the substantial assistance that has been made available by the Authority for the purpose of making such development possible; and (c) the limitations imposed by the HRA Act, any act or transaction involving or resulting in a significant change in the identity of the Developer is of particular concern to the City and the Authority. The Developer further recognizes that it is because of such qualifications and identity that the City and the Authority and entering into the Agreement with the Developer, and, in so doing, are further willing to accept and rely on the Developer for the faithful performance of all its undertakings and covenants. RHB90825 c~o-7~ 14 (b) For the foregoing reasons, the Developer represents and agrees that, until issuance of the Certificate of Completion for the Minimum Improvements and the passage of one year from the date of closing, there shall be no transfer of the Property or the Minimum Improvements by the Developer nor shall the Developer suffer any such transfer to be made, without the prior written approval of the Authority and the City. Section 8.2. Limitation Upon Encumbrance of Property. Prior to the issuance of the Certificate of Completion, the Developer shall not engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the Property other than the liens or encumbrances attached for the purposes of obtaining funds to the extent necessary for making and financing the Minimum Improvements, without the prior written approval of the Authority and the City. ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be deemed Events of Default under this Agreement and the term shall mean, whenever it is used in this Agreement, unless the context otherwise provides, any one or more of the following events: (a) Failure by the Developer to commence or complete construction of the Minimum Improvements on the Property in a timely manner; (b) Failure by the Developer to pay real estate taxes or any future special assessments on the Property and Minimum Improvements as they become due; (c) Prior to the Termination Date, a challenge by the Developer or any successor in interest to the Minimum Market Value; (d) Failure by the City, the Authority or the Developer to pay when due the payments required to be made under any provision of this Agreement; or (e) Failure by the City, the Authority or the Developer to observe or substantially perform any covenant, condition, obligation or agreement on its or their parts to be observed or performed hereunder, including failure to close on the Property by , 1995. Section 9.2. Remedies on Default. Whenever any Event of Default occurs, the non-defaulting party may take any one or more of the following actions, but not before giving 30 days' written notice and opportunity to cure to the defaulting party: (a) suspend its performance under this Agreement and the Repayment Agreement until it receives assurances from the defaulting party, deemed reasonably adequate by the non-defaulting party, that the RItB90825 C5160-74 15 defaulting party will cure its default and continue its performance under this Agreement and the Repayment Agreement; (b) cancel or rescind this Agreement; (c) revest title to the Property in the Authority pursuant to section 9.3 of this Agreement; or (d) take whatever action at law or in equity may appear necessary or desirable to the non-defaulting party to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the defaulting party under this Agreement. In addition, the Authority may withhold the Certificate of Completion. Section 9.3. Reinvesting Interest in the Authority Upon Happening of Event Subsequent to Conveyance to Developer. In the event that subsequent to the closing on the Property and prior to the issuance of a Certificate of Completion: (a) The Developer fails to complete construction of the Minimum Improvements in conformity with this Agreement, and such failure is not due to Unavoidable Delays; or (b) The Developer, after commencement of the construction of the Minimum Improvements, defaults in or violates its obligation with respect to the construction of the Minimum Improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and such act or actions is not due to Unavoidable Delays, and any such default, violation, abandonment, or suspension is not cured, ended, or remedied within 30 days after written notice of said default is given by the Authority to the Developer; or (c) The Developer fails to pay real estate taxes or assessments on the Property when due, or places thereon any encumbrance or lien unauthorized by this Agreement, or suffers any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the Authority made for such payment, removal, or discharge, within 30 days after written demand by the Authority to do so; provided, that if the Developer shall first notify the Authority of its intention to do so, it may in good faith contest any mechanics' or other lien to remain undischarged and unsatisfied during the period of such contest and any appeal, but only if the Developer provides the Authority with a bank letter of credit or other security in the amount of the lien, in a form satisfactory to the Authority pursuant to which the bank will pay to the Authority the amount of any lien in the event the lien is finally determined to be valid or, as an alternative to such forms of security, has made a deposit with the district court in the manner provided in Minnesota Statutes, section 514.10. During the course of such contest the Developer shall keep the Authority informed respecting the status of such defense; or iR~B90825 c~o-?~ 16 (d) There is, in violation of this Agreement, any transfer of the Property or any part thereof; or (e) The Developer fails to comply with any of its covenants under this Agreement and fails to cure any such noncompliance or breach within 30 days after written demand to do so where such demand is required by this Agreement, then the Authority shall have the right to re-enter and take possession of the Property and to terminate and revest in the Authority the interest of the Developer in the Property; provided, however, that any exercise by the Authority of its rights or remedies hereunder shall always be subject to and limited by, and shall not defeat, render invalid or limit in any way the lien of any mortgage authorized by this Agreement or any rights or interests provided in this Agreement for the protection of the holders of a mortgage. Upon the revesting in the Authority as provided in this section 9.3, the Authority shall, pursuant to its responsibilities under law, use its best efforts to resell the Property or any part thereof in such manner as the Authority shall find feasible and consistent with the objectives of law and in such a manner as to maximize the net proceeds of the sale. Upon such resale of the Property, the proceeds shall be used first to reimburse the Authority for its costs and expenses incurred in the revestiture and sale, and then to satisfy any liens or encumbrances placed on the Property, and then to return to the Developer its purchase price of the Property. Section 9.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the parties is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the non-defaulting party to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in section 10.3 of this Agreement. Section 9.5. No Additional Waiver Implied by One Waiver. In the event any covenant or agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE X Additional Provisions Section 10.1. Conflict of Interests~ Representatives Not Individually Liable. No commissioner, officer or employee of the Authority or the City may acquire any financial interest, direct or indirect, in this Agreement, the Property or in any contract related to the Property. No commission, officer or employee of the Authority or the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Authority or the City or for any amount which may become due to the Developer or on any obligation or term of this Agreement. R~B90825 CL160-74 17 Section 10.2. Restrictions on Use. The Developer, for itself and its successors and assigns, agrees to devote the Property and the Minimum Improvements only to such land use or uses as may be permissible under the City's land use regulations. The Developer, for itself, its successors and assigns, acknowledges the limitations on use of the Property imposed by the HRA Act and agrees to comply with such restrictions. Section 10.3. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the City: City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Attn: City Manager (b) as to the Developer: Metro Assemblies 2300 40th Avenue NE Columbia Heights, MN 55421 (c) as to the Authority: Housing and Redevelopment Authority in and for the City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 ATTN: HRA Executive Director or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this section 10.3. Section 10.4. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City, the Authority or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between or among the City, the Authority and the Developer. Section 10.5. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer, the City and the Authority. Section 10.6. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.7. Provisions Not Merged with Deed. None of the provisions of this Agreement is intended to or shall be merged by reason of the Property Deed and Property Deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. RI-IB90825 CL160-74 18 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their names as of the date first above written. METRO ASSEMBLIES HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS By Its By Its President By Its By Its Executive Director CITY OF COLUMBIA HEIGHTS By Its Manager By Its Mayor STATE OF MINNESOTA ) ) SSo COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of , 1995, by and , the President and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Columbia Heights, a public body corporate and politic under the laws of the state of Minnesota, on behalf of the Authority. Notary Public A1-~90825 c~o-?~ 19 STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995, by and , the and , respectively, of Metro Assemblies, a Minnesota sole proprietorship. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ~ day of , 1995, by Joseph Sturdevant and Patrick Hentges, the Mayor and City Manager, respectively, of the City of Columbia Heights, a public body corporate and politic under the laws of the state of Minnesota, on behalf of the City. Notary Public RI-IB90825 CL160-74 20 EXHIBIT A to CONTRACT FOR PRIVATE DEVELOPMENT PROPERTY LEGAL DESCRIPTION All of Lots 29, 30 and 31, except the west 18.5 feet, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. R~B90825 c~o-?~ A-1 EXHIBIT B to CONTRACT FOR PRIVATE DEVErX)PMENT LIST OF CONSTRUCTION PLAN DOCUMENTS [to be completed prior to execution] RHB90825 CL160-74 B-1 EXHIBIT C No delinquent taxes and u'ansfer entered: Certificate of Real Estate Value { ) filed ( ) not required Certificate of Real Estate Value No. 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: . 191 (reserved for recording data) FOR VALUABLE CONSIDERATION, the Housing and Redevelopmem Authority m and for the City of Columbia Heights. Minnesota. a public body corporate and politic under the laws of Minnesota. Grantor. hereby conveys and quitclaims to Metro Assemblies. Grantee, a sole proprietorship under the laws of Minnesota. real property in Anoka County. Minnesota. described as follows: All of Lots 29. 30 and 31. except the west 18.5 feet. Block 89, Columbia Heights Annex to Minnealx)lis. Anoka County. Minnesota. Subject to the terms and conditions of that certain Contract for Private Development by and among the Housing and Redevelopment Authority in and tbr the City' of Columbia Heights. Minnesota. the City of Columbia Heights, a mUmcipal corporation under the laws of Minnesota and Metro Assemblies, dated . 1995. f-fled 1995 as Document No. The Seller certifies that the Seller does not know of any wells on the described real property. (If mo~e space ts needed, commue on back~ together with all hereditaments and appurtenances belonging thereto. Affix Deed Tax Stamp Here HOUSING AND REDEVELOPME,WI' AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS. MINNESOTA By Its Executive Director By Its President STATE OF MINNESOTA ~ SS. COUNTY OF The foregoing was acknowledged before me this __ day of , 1995, by and , the Executive Director and President, respectively, of the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota, a public body corporate and politic under the laws of Minnesota. on behalf of the Authority. NOTARIAL STAMP OR SEAL IOR OTHER TITLE OR RA_N~, THIS LNSTRLMEN'I' WAS DRAFTED BY CNAME .ANT) ADDRESS,: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center 200 South 6th Street Minneapolis. MN 55402 (612) 337-93O0 RHB SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the real property d~amab~d m this msla'ument should be sent to (include name and addr~as of Grantee): EXHIBIT D to CONTRACT FOR PRIVATE DEVELOPMENT FORM OF CERTIFICATE OF COMPLETION The undersigned hereby certifies that, except as may be specified below, Metro Assemblies, a Minnesota sole proprietorship, has fully and completely complied with its obligations under Article IV of that document entitled "Contract for Private Development", dated among the Housing and Redevelopment Authority in and for the City of Columbia Heights, the City of Columbia Heights and Metro Assemblies with respect to construction of the Minimum Improvements on the Property legally described as [ legal to be inserted ], in accordance with the approved Construction Plans and is released and forever discharged from his obligations to construct under such above-referenced Article. Dated: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its President By Its Executive Director STATE OF MINNESOTA ) ) SSo COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995, by and , the President and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Columbia Heights, a public body corporate and politic under the laws of the state of Minnesota, on behalf of the Authority. This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 Notary Public R~90825 c,.~o-~ D-1 EXHIBIT E FORM OF ASSESSMENT AGREEMENT and ASSESSOR'S CERTIFICATION By and among HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA and METRO ASSEMBLIES and THE ASSESSOR FOR ANOKA COUNTY This Document was drafted by: KENNEDY & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 RHB90825 CL160-74 THIS AGREEMENT, dated as of this __ day of , 1995, by and between the Housing and Redevelopment Authority in and for the City of Columbia Heights, a public body corporate and politic under the laws of Minnesota ("the Authority"), and Robert C. Barnick and Priscilla A. Barnick, d/b/a Metro Assemblies, a sole proprietorship ("Developer"). WITNESSETH: WHEREAS, on or before the date hereof, the Authority, the Developer and the City of Columbia Heights, Minnesota (the "City") have entered into a Contract for Private Redevelopment (the "Redevelopment Contract") regarding certain real property located in the City of Columbia Heights, pursuant to which the Authority will convey to the Developer certain property, which is legally described on Exhibit A hereto, (the "Property"); and WHEREAS, it is contemplated that pursuant to Redevelopment Contract, the Developer will renovate and construct an office/warehouse facility containing about 5,000 sq. ft. upon the Property; and WHEREAS, the Authority and the Developer desire to establish a Minimum Market Value for the Property and the Minimum Improvements to be constructed thereon, pursuant to Minnesota Statutes, section 469.177, Subd. 8; and WHEREAS, the Authority and the Anoka County Assessor have reviewed the Construction Plans for the Minimum Improvements which it is contemplated will be erected on the Property. NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. The Minimum Market Value for the Property with the Minimum Improvements shall be Two hundred twenty-seven thousand and no/100 Dollars ($227,000). The parties agree that this value shall be placed against the Property as of January 2, 1996 for taxes payable beginning in 1997. 2. The Minimum Market Value herein established shall be of no further force and effect and this Assessment Agreement shall end on December 31, 2011. 3. This Assessment Agreement shall be promptly recorded with a copy of Minnesota Statutes, section 469.177, subd. 8, set forth in Exhibit B hereto. The Developer shall pay all costs of recording this Assessment Agreement. 4. Neither the preambles nor the provisions of this Assessment Agreement are intended to, nor shall they be construed as, modifying the terms of the Redevelopment Contract among the Authority, the City and the Developer. The terms in this Assessment Agreement shall have the same meanings given to them in the Redevelopment Contract unless a difference meaning is clear from the context. 5. This Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. RI'IB90825 eL160-?4 E-1 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its President By Its Executive Director METRO ASSEMBLIES By Its By Its STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument as acknowledged before me this day of , 1995, by and , the President and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota, a public body politic and corporate under the laws of Minnesota, on behalf of the Authority. Notary Public STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995, by and , the and , respectively, of Metro Assemblies, a Minnesota sole proprietorship. Notary Public RIiB90825 cL~60-74 E-2 CERTIFICATION BY ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market value assigned to such land and improvements shall upon substantial completion be not less than Two Hundred Twenty-seven Thousand Dollars ($227,000) until termination of this Agreement. Anoka County Assessor on behalf of the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1995 by the Anoka county assessor for the City of Columbia Heights, Minnesota. Notary Public RI{Bg0825 c~o-?~ E-3 EXHIBIT A TO ASSESSMENT AGREEMENT LEGAL DESCRIPTION OF PROPERTY All of Lots 29, 30 and 31, except the west 18.5 feet, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. RI-lB90825 CL160-74 E-4 EXHIBIT B TO ASSESSMENT AGREEMENT Section 469. 177, subd. 8. Assessment Agreements. An authority may enter into a written assessment agreement with any person establishing a minimum market value of land, existing improvements, or improvements to be constructed in a district, if the property is owned or will be owned by the person. The minimum market value established by an assessment agreement may be fixed, or increase or decrease in later years from the initial minimum market value. If an agreement is fully executed before July 1 of an assessment year, the market value as provided under the agreement must be used by the county or local assessor as the taxable market value of the property for that assessment. Agreements executed on or after July 1 of an assessment year become effective for assessment purposes in the following assessment year. An assessment agreement terminates on the earliest of the date on which conditions in the assessment agreement for termination are satisfied, the termination date specified in the agreement, or the date when tax increment is no longer paid to the authority under section 469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the tax increment financing district and the property that is the subject of the agreement is located. The assessor shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following certification upon the agreement: The undersigned assessor, being legally responsible for the assessment of the above described property, certifies that the market values assigned to the land and improvements are reasonable. The assessment agreement shall be filed for record and recorded in the office of the county recorder or the registrar of titles of each county where the real estate or any part thereof is situated. After the agreement becomes effective for assessment purposes, the assessor shall value the property under section 273.11, except that the market value assigned shall not be less than the minimum market value established by the assessment agreement. The assessor may assign a market value to the property in excess of the minimum market value established by the assessment agreement. The owner of the property may seek, through the exercise of administrative and legal remedies, a reduction in market value for property tax purposes, but no city assessor, county assessor, county auditor, board of review, board of equalization, commissioner of revenue, or court of this state shall grant a reduction of the market value below the minimum market value established by the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction, or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording an assessment agreement constitutes notice of the agreement to anyone who acquires any interest in the land or improvements that is subject to the assessment agreement, and the agreement is binding upon them. R.HB90825 ¢L160-74 E-5 EXHIBIT F to Contract for Private Development FORM OF REPAYMENT AGREEMENT THIS AGREEMENT is made and entered into as of the __ day of , 199__, by and between the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota, a public body corporate and politic under the laws of Minnesota (the "Authority"), and Robert C. Barnick and Priscilla A. Barnick, d/b/a Metro Assemblies, a Minnesota corporation (the "Developer"). WlTNESSETH: WHEREAS, the parties hereto did on , 1995, enter into that certain document entitled "Contract for Private Development" (the "Agreement"); and WHEREAS, the Agreement provided that the Developer would renovate an existing structure and construct an addition thereto on the land legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Developer has incurred certain expenses in preparing the site, installing utilities and otherwise making the Property suitable for development (the "Qualifying Reimbursable Costs") as specified herein; and WHEREAS, the Authority agreed to reimburse the Developer for its actual and reasonable expenditures for Qualifying Reimbursable Costs from tax increment paid to the Authority, after first deducting the annual amount necessary to reimburse the Authority for its Administrative Expenses and after deducting the annual amount necessary to reimburse the City for the cost of the Property (the "Available Tax Increment"); and WHEREAS, in order to secure such payment, the Agreement requires that the Authority and Developer enter into this Repayment Agreement; RI~90825 cL~60-74 F-1 NOW, THEREFORE, in consideration of the mutual obligations of the parties contained in the Agreement and in this Repayment Agreement, the parties agree as follows: Section 1. Definitions. Unless the contrary clearly appears from the context, the terms used in this Repayment Agreement shall have the same meanings as given them in the Agreement. Section 2. Rel~ayment Amount. Subject to the limitations contained herein and after first reimbursing itself $817.90 each year for its Administrative Expenses and reimbursing the City $3,680.56 each year for the cost of the Property, the Authority agrees to reimburse the Developer for the Developer's actual and reasonable expenses associated with the Qualifying Reimbursable Costs out of Available Tax Increment. The Qualifying Reimbursable Costs are listed on Exhibit B attached hereto and constitute the Authority's maximum obligation under this Repayment Agreement. The Authority shall not be obligated to make any payment to the Developer under this Repayment Agreement until the Developer has provided the Authority evidence of the Authority's actual and reasonable expenses associated with the Qualifying Reimbursable Costs. Section 3. Timing of Payments. The Authority shall reimburse the Developer for the Qualifying Reimbursable Costs starting in the year in which the Authority first receives Available Tax Increment from the Minimum Improvements until December 31, 2011. Payments shall be made to the Developer on approximately July 31 and December 31 each year but in any event not more than 30 days following the date on which the Authority receives Available Tax Increment in its semi-annual tax settlement from Anoka county. Subject to the Authority's right to prepay or the Authority's satisfaction of its obligation hereunder at an earlier date, the Authority shall make payments to the Developer until December 31, 2011. RS'B90825 cL~6o-74 F-2 Section 4. Prepayment. The Authority may prepay without penalty all or part of the amount due under this Repayment Agreement at any time. Upon such payment, the Authority shall have no further obligation to make payments to the Developer. Section 5. Limit of Obligation. The Developer understands and agrees that the reimbursement obligation of the Authority is limited to the Available Tax Increment generated by the Minimum Improvements and the Property and paid to the Authority during the term specified in section 3 of this Repayment Agreement. The Developer understands and acknowledges that the Available Tax Increment may not be sufficient to reimburse the Developer for any or all of the Qualifying Reimbursable Costs. Failure by the Developer or its successors or assigns to pay real estate taxes due on the Property may reduce or eliminate the Authority's obligation under this Repayment Agreement. The Developer further understands and agrees that the Authority's obligation hereunder is a revenue obligation only, payable solely from Available Tax Increment. Failure by the Authority to make a payment to the Developer under this Repayment Agreement due to a lack of Available Tax Increment or failure to reimburse the Developer for the Qualifying Reimbursable Costs prior to the Termination Date shall not constitute an Event of Default under the Agreement or this Repayment Agreement. Section 6. Exclusive Obligation. This Repayment Agreement constitutes the sole and exclusive obligation of the Authority to make and the sole and exclusive right of the Developer to receive reimbursement for the Qualifying Reimbursable Costs. The Developer further acknowledges that it has no other or further remedy against the Authority to enforce collection thereof. Section 7. Nature of Obligation. The parties acknowledge and understand that the financial and other commitments made in this Repayment Agreement constitute an ~90825 cL~6o-74 F-3 obligation within the meaning of Minnesota Statutes, Chapter 475 and Section 103 of the Internal Revenue Code of 1986. IN TESTIMONY WHEREOF, the parties hereto have caused this Repayment Agreement to be duly executed as of the day and year first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By Its President By Its Executive Director METRO ASSEMBLIES By Its By Its STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995, by and , the Chairman and Secretary, respectively, of the Housing and Redevelopment Authority in and for the City of Columbia Heights, Minnesota, a public body corporate and politic under the laws of the state of Minnesota, on behalf of the Authority. Notary Public R~B90825 c~o-?~ F-4 STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this , 1995, by and and , respectively, of Metro Assemblies. day of , the Notary Public RE~90825 cL~60-74 F-5 EXHIBIT A TO REPAYMENT AGREEMENT LEGAL DESCRIPTION OF PROPERTY: All of Lots 29, 30 and 31, except the west 18.5 feet, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. RHB90825 c~o~?~ F-6 EXHIBIT A TO REPAYMENT AGREEMENT The Qualifying Reimbursable Costs and the estimated expenses related thereto are as follows: Architectural and engineering fees Project administration/site supervision Building Permit Demolition of fence Site Clean up Dumpster rental Exterior lighting Parking lot paving Landscaping 4,500 9,780 1,200 750 1,800 1,200 2,560 8,750 1~000 Total $31,540 R~B90825 c~o-74 F-7 CITY OF COLUMBIA HEIGHTS Meeting of: June 26, 1995 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO: 6 COMMUNITY DEVELOPMENT APPROVAL ITEM: FIRST READING OF ORDINANCE BY: TINA GOODROA. D~ BY: · NO' 1304 ~, 8. DATE: June 22, 199~ .... ~' -~ Attached please find an ordinance and letter from Habitat for Humanity for purchase of 4535 Taylor Street N.E. A family will be selected for the home whose income does not exceed 50% of the State Median Income. Habitat for Humanity will be responsible for construction of a single family home within one year of transfer of property. The purchase agreement is being drawn up and Habitat for Humanity is working with their boards on approval for this purchase. RECOMMENDED MOTION # 1: Move to waive the First Reading of Ordinance 1304, there being ample copies available to the public. RECOMMENDED MOTION #2: Move to establish the 2nd reading of Ordinance 1304 for July 10, 1995 at approximately 7:00 p.m. COUNCIL ACTION: \bt\council.for lOth Anniversary "Bu ildi~Tg Corn mztn it3 Twin Cities Habitat for Humanity May 11, 1995 Mr. Pat Hentges City Manager City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN Dear Mr. Hentges, 55421-3878 Please consider this letter and the attached materials to be a proposal from Twin Cities Habitat for Humanity to the City of Columbia Heights to purchase several lots owned by the City. The purchase price being offered by Twin Cities Habitat for Humanity for these lots is $1.00 per lot. The lots for which Twin Cities Habitat is making this offer are as follows: ao B. C. D. E. F. G. 4450 4460 4470 4612 Buchanan Street N.E. Buchanan Street N.E. Buchanan Street N.E. Taylor Street N.E. 4501 Taylor Street N.E. 4535 Taylor Street N.E. 4555 Taylor Street N.E. This offer is being made contingent upon the approval of Twin Cities Habitat for Humanity's Board of Directors. Such approval will be available only after full and specific details of the costs of developing homes at each of these sites are specified. As you acknowledge in your Request For Proposals, lots A-C above have soil problems. We are currently investigating the extent of these problems, but do not as yet have a cost estimate for performing the soil correction. In addition, lots D-G have existing structures on them. This proposal requests that the City arrange for the costs of demolishing or removing the structures there, prior to conveyance to Twin Cities Habitat. On any and all of the lots which Twin Cities Habitat for Humanity might acquire as a result of this proposal, our organization would build a single family detached home. Examples of the style of homes which Habitat may build on these sites are enclosed. Once built, the homes will be sold to a family whose income does not exceed 50% of the state median income. These income guidelines, also enclosed, fall well below the maximums allowed by the HOME program. (more) Mr. Pat Hentges City of Columbia Heights May 11, 1995 page 2 Twin Cities Habitat for Humanity is a non-profit housing developer which has built or rehabilitated more than 110 homes throughout the Twin Cities over the past nine years. During 1995, our plans call for creating thirty homes, either through new construction or rehabilitation. One of these homes will be located in the City of Columbia Heights. at 675 47th Avenue N.E. This will be the second Habitat home in Columbia Heights, with the first built last year at 1002 Gould Avenue N.E. Construction on the lots, if any, that Twin Cities Habitat obtains from the City would take place beginning in the spring of 1996. The period of time before construction begins would be spent preparing the sites, finalizing the plans, assembling the resources and the construction volunteers, and identifying and selecting the families. While Twin Cities Habitat cannot guarantee that the families chosen for the homes that we will build as a result of this proposal will be from Columbia Heights, we will work hard to encourage Columbia Heights residents to submit applications. We would greatly appreciate any help which the City could give us in promoting the availability of this unique housing opportunities to Columbia Heights families. In any event, we can assure the City that all of the applicants will be thoroughly and fairly screened, and those that are selected will be very committed to their new home(s), resulting from the 350 hours of "sweat equity" that they will need to provide to the construction of their home. I hope that this proposal contains all of the information you need to consider our request. Please do not hesitate to contact me directly if you should have any questions. Very truly yours, Stephen Seidel Executive Director enclosures CITY COUNCIL LETTER Meeting of: June 26, 1995 AGENDA SECTION: Ordinances NO. 6 ITEM: Curfew Ordinance NO. 6D ORIGINATING DEPARTMENT BY: Leonard M. Olson DATE: June 22, 1995 CITY MANAGER APPROVAL: BY: ~ . DATE: Juvenile crime and victimization is known to decrease with curfew enforcement. Past practice of curfew enforcement has been surpassed with the opening of the Fridley "drop oft" center of which our department is now permitted to participate. Officers now are able to take unauthorized youth from our streets and drop them at the center. The center has created a new incentive because of its convenience. To further police-community efforts, the talk of a universal curfew ordinance developed metro wide attention. The concept of every community having identical curfew laws provides law enforcement an edge as well as sending a message to the youth who violate curfew laws. The proposed Columbia Heights universal curfew ordinance is a duplicate of what other communities have already enacted. Our present ordinance is antiquated and definitely in need of revision. The passage of the new ordinance provides the following curfew hours: Under 16 years: 10 P.M. to 5 A.M., weekday nights 11 P.M. to 5 A.M., Fridays and Saturdays 16 and 17 years: 11 P.M. to 5 A.M., weekday nights 12:00 midnight to 5 A.M., Fridays and Saturdays RECOMMENDED MOTION: "Move to waive the first reading of the ordinance, there being ample copies available to the public." RECOMMENDED MOTION: Move to establish the second reading of Ordinance No. 1301 for Monday, July 10, 1995, at approximately 7:00 P.M. 95-180 COUNCIL ACTION: ORDINANCE NO. 1301 BEING AN ORDINANCE AMENDING ORDINANCE 853, CHAPTER 10, ARTICLE III, SECTION 3 OF THE COLUMBIA HEIGHTS CITY CODE IN ITS ENTIRETY, ENTITLED "CURFEW", AND ADOPTING A NEW CHAPTER 10, ARTICLE III, SECTION 3. The City of Columbia Heights does ordain: Chapter 10, Article III, Section 3 of City Code of 1977, which currently reads as follows, to wit: CURFEW 10.303 (1) No person under the age of 14 years shall be on or present in any public street, avenue, alley, or park or other public place in the City between the hours of 9:30 p.m. and 5:00 a.m. of the following day, unless accompanied by his or her parent or guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefore, the fact that said child, unaccompanied by parents, guardian or other person having legal custody is found upon any street, alley or public place between 9:30 p.m. and 5:00 a.m. of the following day, shall be prima facia evidence that said child has violated the provisions of this section, and that no reasonable excuse exists therefore. 10.303 (2) No person under the age of 18 years and over the age of 14 years shall be present on any public 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 therefor. 10.304 (3) No person under the age of 18 years and over the age of 14 years shall loiter, loaf, or idle on or about any public street, avenue, alley, park or other public place in the City between the hours of 9:30 p.m. and 5:00 a.m. of the following day. 10.303 (4) Whenever the owner, operator, or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find persons under the age of 18 years loitering, loafing, or idling in such place of business, such owner, operator or person in charge or in control shall immediately order such person to leave, and if such person refuses to leave the said place of business, the operator shall immediately notify the police department and inform them of the violation. No owner, operator or person required by this section to give such order or make such notification shall fail to take such action. No firm, person or corporation owning, operating or in charge of any place of amusement, entertainment or refreshment, or any other place of business shall permit any minor under the age of 18 years to loiter, loaf or idle in such a place during hours prohibited by this section. 10.303 (5) No parent, guardian, or other person having the lawful care, custody or control of any person under the age of 18 years shall allow or permit such person to violate the provisions of this section. 10.303 (6) For purposes of aiding in the enforcement of this section, a curfew bell or siren may be sounded at 9:30 p.m. is hereby amended to read as follows: 10.303 (1) FINDINGS AND PURPOSE In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger the person is, the more likely he or she is to be a victim of crime. While parents have the primary responsibility to provide for the safety and welfare of juveniles, Columbia Heights also has a substantial interest in the safety and welfare of juveniles. Moreover, the City of Columbia Heights has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public. An updated and enforceable curfew ordinance will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. 10.303 (2) DEFINITIONS "Juvenile" means a person under the age of eighteen (18). The term does not include persons under 18 who are married or have been legally emancipated. 2. "Parent" means birth parents, adoptive 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 of 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 lite. "Serious bodily injury" means bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss of impairment of the function of any body part or organ. o "Establishment" means any privately owned place of business to which the public is invited, including but not limited to, any place of amusement, entertainment, or refreshment. "Proprietor" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. 10.303 (3) PROHIBITED ACTS 1. 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. A. any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. B. any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. 2. 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: A. any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day. B. 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 or establishment's property during the hours prohibited in paragraphs A and B of this section. If the proprietor is not present at the time of the curfew violation, the responding officers shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. 10.303 (4) DEFENSES 1. It is an affirmative defense for a juvenile to prove that: A. the juvenile was accompanied by his or her parent, guardian, or other responsible adult. B. the juvenile was engaged in a lawful employment activity or was going to or returning home from his or her place of employment. C. the juvenile was involved in an emergency situation. Do 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. E. 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 1 of the Constitution of the State of Minnesota. G. the juvenile was engaged in interstate travel. Ho the juvenile was on the public right of way boulevard or sidewalk abutting the property containing the juveniles's residence or abutting the neighboring property, structure, or residence. 2. It is an affirmative defense for a proprietor of an establishment to prove that: mo the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof and 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. 10.303 (5) PENALTY Violation of this ordinance is a misdemeanor. First Reading: Second Reading: Date of Passage: June 26, 1995 Offered By: Seconded By: Date of Passage: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary ORDINANCE NO. 1301 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CHAPTER 10, ARTICLE III, SECTION 3 OF THE COLUMBIA HEIGHTS CITY CODE IN ITS ENTIRETY, ENTITLED "CURFEW" AND ADOPTING A NEW CHAPTER 10, ARTICLE III, SECTION 3. The City of Columbia Heights does ordain: Chapter 10, Article III, Section 3 of City Code of 1977, which currently reads as follows, to wit: CURFEW 10.303(1) No person under the age of 14 years shall be on or present in any public street, avenue, alley, or park or other public place in the City between the hours of 9:30 p.m. and 5:00 a.m. of the following day, unless accompanied by his or her parent or guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefore. The fact that said child, unaccompanied by parents, guardian or other person having legal custody is found upon any street, alley or public place between 9:30 p.m. and 5:00 a.m. of the following day, shall be prima facia evidence that said child has violated the provisions of this section, and that no reasonable excuse exists therefore. 10.303(2) No person under the age of 18 years and over the age of 14 years shall be present on any street, avenue, alley, parks or other public place in the City between the hours of 12:00 midnight and 5:00 a.m. of the following day. The provisions of this section shall not apply to any such minor person who is accompanied by his or her parent, guardian or other adult person having the authorized care and custody of such minor person, or when such minor person is upon an emergency errand or legitimate business directed by his or her parent, guardian or adult person having authorized care and custody of such minor person or is engaged in planned or organized youth activity under the direction of a school, church or community organization. The fact that said minor, unaccompanied by parent, guardian, or other person having legal custody, is found upon any street, alley or public place after 12:00 midnight or before 5:00 a.m. of the following day, shall be prima facia evidence that said minor is there unlawfully and that no reasonable excuse exists therefor. 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 ot leave, and if such person refuses to leave the said place of business, the operator shall immediately notify the police department and inform them of the violation. No owner, operator or person required by this section to give such order or make such notification shall fail to take such action. No firm, person or corporation owning, operating or in charge of any place of amusement, entertainment or refreshment, or any other place of business shall permit any minor under the age of 18 years to loiter, loaf or idle in such a place during hours prohibited by this section. 10.303(5) No parent, guardian, or other person having the lawful care, custody or control of any person under the age of 18 years shall allow or permit such person to violate the provisions of this section. 10.303(6) For purposes of aiding in the enforcement of this section, a curfew bell or siren may be sounded at 9:30 p.m. is hereby amended to read as follows: 10.303(1) FINDINGS AND PURPOSE In recent years, there has been a significatn increase in juvenile victimization and crime. At the same time, the crimes committed by and agains 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 victim of older perpetrators. The younger the person is, the more likely he or she is to be a victim of crime. While parents have the primary responsibility to provide for the safety and welfare of juveniles, Columbia Heights also has a substantial interest in the safety and welfare of juveniles. Moreover, the City of Columbia Heights has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public. An updated and enforceable curfew ordinance will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. 10.303(2) DEFINITIONS "Juvenile" means a person under the age of eighteen (18). The term does not include persons under 18 who are married or have been legally emancipated. "Parent" means birth parents, adopting parents, and step parents. "Guardian" means an adult appointed pursuant to Minnesota Statute 525.6155 or 525.6165 who has the powers and responsibilities of a parent as defined by Minnesota Statute 525.619. "Responsible adult" means a person over the age of eighteen (18) specifically authorized by law or by a parent or guardian to have custody and control over a juvenile. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. "Emergency" means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury, or loss of life. "Serious bodily injury" means bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ. "Establishment" means any privately owned place of busines to which the public is invited, including but not limited to, any place of amusement, entertainment, or refreshment. "Proprietor" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. 10.303(3) PROHIBITED ACTS It is unlawful for a juvenile under the age of 16 to be present in any public place or establishmenet within the City of Columbia Heights. any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. on the following day. Bo any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. It is unlawful for a juvenile, age 16 or 17 to be present in any public place or establishment within the City of Columbia Heights: any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesdsay, 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 responsding officers shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. 10.303(4) DEFENSES It is an affirmative defense for a juvenile to prove that: ao the juvenile was accompanied by his or her parent, guardian, or other responsible adult. the juvenile was engaged in a lawful employment activity or was going to or returning from his or her place of employment. the juvenile was involved in an emergency situation. the juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or civic organization. the juvenile was on an errand at the direction of a parent or guardian. Fe the juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. G. the juvenile was engaged in interstate travel. the juvenile was on the public right of way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting a neighboring property, structure, or residence. It is an affirmative defense for a proprietor of an establishment to prove that: the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof and 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. 10.303(5) PENALTY Violation of this ordinance is a misdemeanor. First Reading: June 26, 1995 Second Reading: Date of Passage: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA Meeting of: Ju~e 26, 1995 AGENDA SECTION: RESOLUTIONS ORIGINATING DEPT.: CITY MANAGER NO.: 6 COMMUNIT~ DEVELOPmEnT . __ APPROVAL ITEM: APPLICATION FOR MHFA BY: ~DDNALD SCHNEIDER The HRA/City has been invited by the Minnesota Housing Finance Agency (MHFA) to continue its participation in the MHFA Deferred, Revolving, and Accessibility Rehabilitation Loan Program. The Deferred Loan Program provides loans to very low income (adjusted gross income of $10,000 or less) which do not have to be paid back if the recipient family lives in the house for 10 years after the work is completed. MHFA has allocated $67,954 for Columbia Heights under Phase VIII (September 1, 1995 through July 31, 1997) of the program. The Revolving Loan Program is a program under which there is no allocation set aside for a City. This program provides iow interest (interest rate depends on income level) for those families that do not qualify for the MHFA Deferred Program because their income exceeds the limit and also do not qualify for the MHFA "Fix-up Fund" Loan Program due to problems with credit. The Accessibility Loan Program provides deferred payment loans to install home modifications directly related to the basic needs of a physically disabled person. No interest is charged or periodic payments required on funds received. If the home is sold or its title transferred within five years from closing, the loan must be repaid in full. There is no direct allocation set aside for agencies. There are $800,000 available for the entire state for September 1995 through July 1997. Loans are made by MHFA through administering entities on a first-come first-served basis. Approval of the Application was secured from the HRA Board of Commissioners on June 13, 1995. Copies of the City Resolution Authorizing Application for MHFA Rehabilitation Loan Program Funds, information on the three programs, and a copy of the application are attached as Appendices "A" and "B", and "C" respectively. 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 95-5] ; Resolution Authorizing Application for MRFA Rehabilitation Loan Program Funds. cc: HRA Commissioners/Scott McKinney COUNCIL ACTION: \bt\council.for RESOLUTION AUTHORIZING APPLICATION FOR MI-IFA REHABILITATION LOAN PROGRAM FUNDS RESOLUTION 95 - 3 1 WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide loans to property owners for the purpose of housing rehabilitation; and The Housing and Redevelopment Authority of Columbia Heights, Minnesota WHEREAS, application as an Administering Entity Rehabilitation Loan Programs; and has developed an for the Minnesota Housing Finance Agency WHEREAS, the Housing & Redevelopment Authority has demonstrated the ability to perform the required activities of the Minnesota Housing Finance Agency Rehabilitation Loan Programs; The Housing and Redevelopment Authority NOW, THEREFORE, be it resolved, that of Columbia Heights, Minnesota is hereby authorized as an entity to be charged with the administration of funds made available through the Minnesota Housing Finance Agency Rehabilitation Loan Programs, in the county/city of Columbia Heights, Minnesota Please place a check next to the programs this resolution is for: x .. Deferred Loan Program x Revolving Loan Program x Accessibility Loan Program Approved By Joseph Studevant 1995 Its Mayor (Authorized Officer) (Title) Attested by: JoAnne Student, City Council Secretary 4/17/95 MINNESOTA HOUSING FINANCE AGENCY DATE: June 9, 1995 TO: FROM: Local Units of Government and Interested Community-Based Organizations Michael Hale~"~'~_ 'Director, MN FI6hies Division SUBJECT: Minnesota Housing Finance Agency Application for Funding Deferred Loan Program - Phase VIII The Minnesota Housing Finance Agency (MHFA) is please to announce that it is accepting applications for the administration of funds for Phase VIII of the Rehabilitation Loan Programs. The funding level for this Phase of the Deferred Loan Program will be $10.5 million plus $800,000 specifically targeted for Accessibility Loans and as yet an undetermined amount for RevolVing Loans. These funds are available for the purpose of improving the habitability, energy efficiency, and accessibility of homes owned by Iow-income Minnesotans. Program Summaries have been included with this packet for your information. A summary of the application process is as follows: Funds will be distributed locally by nonprofit organizations and local public agencies in Minnesota. Such organizations may apply to administer this program by completing the enclosed Application for Loan Funding. Funding amounts for counties and for eligible cities are indicated on the enclosed sheet. These figures have been reviewed by the Regional Development Commission and compared to subregional allocation plans which are based on estimates of local need. 2. Applying entities must obtain endorsement of the appropriate county boards or city councils to authorize their activity within a specific jurisdiction. 3. MHFA will review the .Applications for Loan Funding and select Program Administrators on the basis of their capacity to efficiently and effectively administer this program. 4. Phase VIII Rehabilitation Loan Program Funds will be available from September 1, 1995 through July 31, 1997. 5. The administrative expense of implementing the program will be primarily the responsibility of the local entities; however, up to 14% of the total funding requested may be allocated to defray such costs if other sources are not sufficiently available. The past performance of applying entities will be considered as a factor in evaluating any competing applications. Nonprofit organizations and local public agencies interested in participating in the program must return to MHFA Qne fully completed copy 'of the enclosed Application for Loan Funding, with evidence of county board or city council authorization no later than July 21, 1995. While Applications for Loan Funding will be accepted from organizations and agencies that administered Phase VII of the Rehabilitation Loan Programs, final execution of the Loan Funding Agreement Will be contingent on successful completion of all activity for the Phase Vii program. Questions regarding any aspects of the application process or any aspect of the Rehabilitation Loan Programs should be directe.d, to Susan Ude at 612~296-8844 or 1-800-657-;3960, We look forward to the continued cooperation and enthusiasm of local organizations, which has ensured successful MHFA programs in the past. MH:SU:dw Enc. Telecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment ~;PECIAL NOTE' INSTRUCTIONS INCLUDED IN THE FOLLOWING PARAGRAPHS PROVIDE IMPORTANT INFORMATION REGARDING THE FUNDING LEVELS AND APPLICATION PROCEDURES FOR THE REHABILITATION LOAN PROGRAMS. BE SURE TO READ THE FOLLOWING PRIOR TO COMPLETING APPLICATION FORMS. The following figures are based on allocation plans prepared by the MHFA and reviewed by the State's Regional Development Commissions, and Metropolitan Council. Using 1990 census information, the funding is based on an $10.5 millign program for a 23 month period. MHFA will accept Applications for Loan Funding from entities whose aggregate funding level is $30,000 or more. City allocations are listed as a percentage of the allocations for counties in which the cities are located. Entities applying for the administration of funds in the noncity portion of a county only should subtract the city allocation from the county allocation to obtain the rural share. MARSHALL ................................ $45,191 ICLEARWATER ......................... $42,681 ICARLTON .............................. $108,794 ;NORMAN ................................... $52,723 HUBBARD ................................ $57,744 ICOOK ....................................... $13,600 PENNINGTON ........................... $60,255 POLK ....................................... $120,510 Crookston (24.1% - $29,043) East Grand Forks (24.8% - $29,887) :{ED LAKE ................................. $18,830 ROSEAU .................................... $41,425 TOTAL ..................................... $376,594 LAKE OF THE WOODS ........... $10,043 MAHNOMEN ............................ $27,617 TOTAL ................................... $251,063 ITASCA .................................. $190,389 KOOCHICHING ....................... $67,996 ILAKE ........................................ $40,798 ~T. LOUIS .............................. $870,351 Duluth (38.09%- $331,517) FOTAL ................................ $1,359,924 IBECKER.'i:.::: .......................... .$109,840 ~cASS'.. ...... : ............................. $103:773 KANDiYOHi: ........................... $117,163 ~CLAY ............... ~ ........................ $95,194 pROW WING ......................... $207,545 · Willmar (43.8%- $51,317) ~. Moorhead (50 Fo - $47,597) IMORRISON ............................ $123,230 MCLEOD ................................. $80,549 IDOUGLAS ............................... $102,517 II'ODD ..................................... $123,230 MEEKER .................................. $80,549 IGRANT ...................................... $43,936 IWADENA .................................. $90,801 RENVILLE ................................ $87,872 IOTTER TAIL ............................ $219,680 ITOTAL ................................... $648,579 TOTAL ................................... $366,133 IPOPE ......................................... $58,582/ ISTEVENS .................................. $43,936/ I rFRAVERSE ............................... $21,968 ! I County/City Allocations Phase VIII 6/95 MINNESOTA HOUSING FINANACE AGENCY DEFERRED LOAN PROGRAM PHASE VIII iCOUNTY/ClTY ALLOCATIONS PAGE 2 BIG STONE ............................... $42,472 CHIPPEWA ............................... $69,775 LAC QUI PARLE ....................... $45,504 SWIFT ....................................... $75,842 YELLOW MEDICINE ................$69,775 TOTAL ..................................... $303,368 3OTTONWOOD ........................ $70,193 JACKSON .................................. $57,431 LINCOLN ................................... $51,049 LYON ......................................... $89,337 MURRAY ................................... $57,431 NOBLES .................................. $114,860 PIPESTONE .............................. $63,812 REDWOOD ............................... $89,337 ROCK ........................................ $~,668 TOTAL .................................... $638,118 .r..;NOKA ..................................... $248,552 . Columbia Heights (27.34% - ,.,.$67,954) CARVER .................................... $62,138 DAKOTA .................................. $217,483 ' South St. Paul (33.54% - $72,944) HENNEPIN .................. , ......... $1,460,244 i Uinneapolis (74.5% - $1,087,882) St. Louis Park (3.41% - $49,794) Bloomington (1.98% - $28,913) RAMSEY ........... ; ...................... $901,002 ASHINGTON ........................ $155,345 i~OTAL .................................. $3,106,902 ISTATE TOTAL ..... ' ............. $10,460,950 County/City Allocations Phase VIII CHISAGO ............................. i...$59,314 ISANTI ...................................... $45,190 K~'NABEC ................................ $33,894 VllLLE LACS ............................ $64,963 PINE ......................................... $79,085 TOTAL ................................... $282,446 BLUE EARTH ......................... $111,409 BROWN .................................. $103,982 FAIRBAULT ............................ $103,982 LE SUEUR ................................ $89,127 MARTIN .................................. $111,409 NICOLLET ................................ $51,991 SIBLEY ..................................... $66,845 WASECA ................................. $59,418 WATONWAN ............................ $44,564 TOTAL .................................... $742,727 BENTON ................................... $55,234 SHERBURNE ........................... $55,234 ~TEARNS ............................... $185,787 ;T. CLOUD* ........................... $105,446 VRIGHT ................................. $100,425 TOTAL ................................... $502,126 The City of St. Cloud extends into three counties and receives a separate allocation from Region 7W. DODGE ..................................... $34,521 FILLMORE ................................ $92,056 FREEBORN ............................ $126,577 , Albert Lea (51% - $64,554) GOODHUE .............................. $115,070 · Red Wing (40% - $46,028) HOUSTON ................................ $57,536 MOWER .................................. $161,099 Austin (58.3% - $93,921) :)LMSTED ............................... $161,099 lICE ....................................... $103,563 STEELE .................................... $69,042 WABASHA ................................ $80,549 WlNONA ................................. $149,592 · City of Winona (59.5% - $89,087) TOTAL ................................. $1,150,704 6/95 I. GENERAL DE~;CRIPTI~)N The Minnesota Housing Finance Agency (MHFA) Deferred Loan Program provides deferred payment loans to Iow income homeowners for housing improvements directly affecting the safety, habitability, energy efficiency, and accessibility of their homes. A Deferred Loan is a loan which need not be repaid unless the borrower sells, transfers, or ceases to live in the improved property within ten years of the date of the loan. After the ten-year pedod expires the loan is forgiven. The Program, which was created in 1981, is entering its eighth phase. The Program is primarily funded through appropriations from the State Legislature. The funding level for the 1995-97 program phase will be $10.5 million. There will also be a special $800,000 fund specifically targeted for accessibility improvements. These funds are distributed statewide through local housing and redevelopment authorities, community action agencies, and other nonprofit organizations known as Administering Entities. II. PROGRAM ELIGIBILITY Applicants must meet five eligibility criteria in order to qualify for this program. They are as follows: The applicant's household must have an adjusted gross income of $10,000 or less. Adjusted income is calculated by taking the gross income (including all public assistance payments) of all members of the household, age 18 or over, and deducting from that amount $1,000 per person. MHFA may also allow an extra deduction for extraordinary medical costs. The applicant must own the property to be improved and it must be his/her principal place of residence. The gross value of the applicant's assets (excluding the property to be improved and two surrounding acres) cannot exceed $25,000. 4. The property cannot contain more than two dwelling units. The structure, upon completion of necessary improvements, will be reasonably livable, safe, habitable and energy efficient for the term of the loan. 2797/D 05/95 III. IMPROVEMENT ELIGIBILITy. The Deferred Loan Program is designed to provide funds for basic improvements to make a dwelling more .safe, habitable.or energy efficient. The need for such improvements 'is determined by an inspection performed by the staff of an Administering Entity. The cost of the necessary improvements cannot exceed $10,000. All improvements must be permanent improvements. repair or replacement of furnaces, roofs, electrical insulation and construction of ramps for accessibility. Examples may include and plumbing systems, A special Accessibility Fund is available to use for improvements necessary to enable a .disabled person to function in a residence. The need for such Improvements is determined by an inspection performed by the staff of an Administering Entity, consideration of the disabled person's priority needs and consultation with the homeowner and MHFA. The cost of accessibility improvements cannot exceed $10,000. IV. ADMINISTRATIVE PROCEDURES '.Based on an MHFA-determined allocation plan, organizations will be invited to apply to administer the program. An amount not exceeding 14% of an entity's allocation may be deducted from the allocation for administrative expenses. The Administering Entity is responsible for determining the adjusted income, assets, and necessary improvements for each applicant. After each loan package is assembled, the Administering Entity will submit the package to MHFA for review. Upon approval, MHFA will notify the Administering Entity of approval and supply the documents necessary to close the loan. The Administering Entity will close the loan, record the Repayment Agreement and Mortgage, monitor the rehabilitation work, certify (along with the borrower) that the work is completed satisfactorily, and authorize contractor payment. 2797/D 05/95 I. GENERAL DESCRIPTION The Minnesota Housing Finance Agency (MHFA) Accessibility Loan Program provides deferred loans to install home modifications directly related to the basic needs of a physically disabled person. No interest is charged or periodic payments required on funds received. If the home is sold or its title transferred within five years from the closing, the loan must be paid in full. A repayment agreement with these terms is filed against the property's title as a condition of obtaining assistance. The program is funded through appropriations from the State Legislature. Phase VIII will operate from September 1995 through July 1997, with a budget of $800,000. The Accessibility Loan Program is operated in conjunction with the MHFA Deferred Loan Program. Both these programs are implemented locally by housing and redevelopment authorities, community action agencies, and other nonprofit organizations known as Administering Entities. II. PROGRAM ELIGIBILITY Among eligibility criteria applicants must meet are: The property to be improved must be an existing single- or two-family home, owned by the household as its principal residence. Property taxes must be current. One or more household members must have a long-term physical disability that substantially affects functioning in the home. If the disabled person is not a property owner, they must be related by blood, marriage, adoption, or a similar legal arrange.ment. The value of the household's assets (excluding the property to be improved and two surrounding acres) cannot exceed $25,000. The applicant's household adjusted gross income may not exceed $18,000 in the eleven county metro area or $15,000 in the rest of the state. Adjusted gross income is calculated by taking the gross annual income (including all public assistance payments) of all members of the household, age 18 or over, and deducting from that amount $1,000 per person. MHFA may also allow an extra deduction for extraordinary medical costs. 'Once necessary ~mprovements are completed, the structure must be reasonably livable, safe, and energy efficient for the term of the loan. 153/A 6/95 III. IMPROVEMENT ELIGIBILITY The AccesSibility Loan Program is designed to provide funds for basic improvements a disabled person needs 'at home to live more independently and safely. Examples include: a ramp or mechanical lift, doorway widening, changes in. bathroom layou.t or fixture. Only permanent modifications are eligible for funding. The Administering Entity inspects a property and consults with the household to determine what modifications are needed. They then assist the household by preparing materials for use in contractor bidding (such as drawings and specifications). A general inspection will also be done to identify if any major structural problems or safety hazards must also be corrected at the home. IV. ADMINISTRATIVE PROCEDURES Program funds are administered by MHFA and allocated on a per-project basis. Households contact the Administering Entity in their area to submit an application. The Administering Entity determines eligibility and processes.the application according to local selection criteria. An amount not to exceed 16% of total funding will be distributed with each loan for administrative expenses. For selected applicants, the Administering Entity then submits by mail or fax (#612-296-8292) the completed Application Form, Income/Asset Verification Form, and the Access Information Form. MHFA will send a letter confirming this reservation, and assigning the application a loan number. The complete loan package must be submitted to MHFA within 90 days of the date of the :confirmation letter. Once a project is approved by MHFA, the Administering Entity will .receive the loan funds, close the loan, record the mortgage, monitor construction, and release funds when work is acceptably completed. 153/A 6/95 APPLICATION FOR LOAN FUNDING REHABILITATION LOAN PROGRAMS Phase VIII (September 1, 1995 - July 31, 1997) TA.~T.~. OF CONTE~S II. II1. IV. V. VI. VII. VIII. IX. CHAPTER Page Administering Entity Information ...................................................................... 1 Funding Request ..................................................................................................... 1 Administrative Costs ......................................................................... i ................... 1 Administrative Capabilities .................................................................................. 2 Implementation Plan ............................................................................................ 5 Evidence of Fidelity and Forgery Bond .............................................................. 8 Affirmative Action ................................................................................................ 8 County Board/City Council Resolution ............................................................... 8 Submission ............................................................................................................. 8 APPLICATION FOR FUNDING REHABILITATION LOAN PROGRAMS Phase VIII ADMLNISTERLNG ENTITY INFORMATION Clearly describe the spec~c geographical area which you will serve in the loan program.~ (example: "All of Mower County except the City of Austin"). Note: All county-wide applications must include Indian Reservations within county ]itTl. iLS. City of Columbia Heights II. FU'NDING REQUEST Based upon MHFA data reflecting housing needs and related factors, MHFA prepared a statewide allocation plan for the Deferred Loan Program. The allocation plan was sent to the Regional Development Commissions for revision or comment. Consult the attached list to locate your funding level. The funding levels listed are for a 23-month period. Indicate the amount of funding requested: $ 67,9.54 III. ADMINISTRATIVE COSTS Funds for the administration of the loan program must come primarily from local sources. However, a percentage of the total loan funding requested may be allocated to help cover such costs if other sources are not sufficiently available. The maximum administrative allowance for Deferred Loan Administrators is 14%. An amount not to exceed this listed maximum may be included as part of your total administrative budget. A. Indicate the percentage of total deferred funding requested for administrative costs 14 % (maximum 14%). Indicate the amount of funding which will be deducted from your deferred request for administrative costs: $ 9,514 Indicate the actual anticipated cost of administering the deferred loan program in your service area: 1. Total cost of administration: $ 9,514 2. Total funding request (from II): S 67,954 3. Actual percentage cost of Administration (line 1 + line 2) x (100): 14 C. Indicate concurrent housing rehabilita~on funding sources, total funding zLlocatiorm, and administrative allowances available: Source Available from Allocation Admin. MI-IFA Deferred Loan (from IliA) ~I-I~A 67 r 954 9 ,,514 County Funds City Funds Community 'Development Anoka cry. CDBG 118,338 8,290 Weatherization Energy Ass~stance/WX Repair Prog$. C_LP ....... Volunteer (explain) .... 'HOME ProD~cam t~ru 125 000'* 17 500 Other (explain) Anoka County* ' ' Comments: * Pending Final Approval ** Includes $25,000 of HRA/City reserves as local match. ADMINISTRATIVE CAPABILITIES A. Indicate your direct experience in (a) length of time involved4 Co) total amount of funding channeled through your agen.cy) (c) nature of your agency's involve- ment (e.g., total responsibility, intake onl~/, etc.) with housing rehabilitation programs in the last 18 years: Length of Total Nature of Progr-m Involvement Fund{~g Involvement Mo/Wr to To Date Mo/Yr .MI'iFA Deferred Loan Program 9/76 to Present $369,660 .1!~.. L.~ans MHFA Revolving Loan Program 1989 to Present 0 MI-IFA Accessibility Loan Program 9/93 to Presen : 0 HOME Disaster Grants (DTED) Weatherization Program ............. Energy Assistance/WX Repair Progs. , "CDBG/SCDP Housing 7/78 to Present 856,736 159 Loans Farmer's Home Administration (Fml--IA) Section 504 CHome Repair) HUD Section 115 and 312 HUD Section 8 - Existing ... Bureau of Indian .~,.ffairs Rehab Progs. . ................... MHFA Fix-up Fund Program 1979 to Presen~- 934,751 166 Loans .... 1983 to Present 153,780 44 Loans MHFA Home Energy Loan Program ... No Pdor Experience , . 2 4/17/95 Other (expl~n) Other experience includes MHFA Rental Rehab Grant Program (1984 to Present, $82,925 - 12 grants) and MHFA Rental Rehab Loan Proaram (1990 to Present, $105,017, 8 Loans). Comments on your agency's involvement in above programs (e.g., number of households assisted, etc. Included above. Provide attachment if necessary,. C. List all staff positions which will be directly involved with the Deferred Loan Program. also describe the duties of those positions and the amount of time for each to be assigned to the Deferred Loan Program. Hrs./Wk Person and Duties Per # of Wks. Position (e.g., 16 hrs/wk for 20 wks) Scott McKinney Direct Administration 8 hrs/wk for 30 wks. Housing Coordinator of Program Becky Townsley Answer Phone calls; provide info~o2 hrs/wk for 30 wks. Office Secretary ation; types contracts/correspondence Don Schneider Supervision, coordination of grant 4 hrs/wk for 30 wks. Executive Director approvals by HRA Board of Commissioners Total Person Hours 420 4/17/95 D. ilndicate how the following inspection services will be provided (e.g., in-house, staff, city/county inspector). Be specific. Tnt~al Inspec~on Final Tnspec~on Plumbing City City' Heating City City Electrical City City' SL~ucrurai city City. Energy Related City- City O~er (specgT) E. Indicate the inspection experience and training background of each inspector, including certifications. (provide attachment if necessary.) Evelyn Nygaard, City Building Inspector, has a Class II Building Official Certification. She also has 11 years of building inspection experience and over 30 years of building construction experience. Qualified contract housing inspectors will be hired as necessary. 251/D 4 4/17/95 IMPLEMENTATION PLAN The Deferred Loan Program has a program length of 23 months, commencing September 1, 1995 and ending July 31,199'7. It is anticipated that this time period will allow Administrator flexibility to schedule the implementation of the Deferred Loan Program with other housing programs. Should the Administering Entity fail to disburse at least 50 t:mrcent of the funds available for loans by June 30, 1996, and 75 percent of such funds by. November 30, 1996, MHFA reserves the right to decrease the Administrator funds available for both loans and administration. A. Provide a time line for program implementation which includes time for outreach, loan application, rehabilitation work commencement and final completion of all rehabilitation work. Outreach Loan Application Process Rehabilitation Work Commencement Final Completion of all Rehab Work January 1, 1996 February 1, 1996 April 1, 1996 January 1, 1997 Other Comments Indicate whether your agency intends to subcontract any portion of the administration of the program to another entity. Submit with this application copies of any subcontracts that your agency will execute for the admin- istration of the Programs. Ail subcontracts must be approved by MHFA prior to their execution. Examples of such subcontracting arrangements could include outreach efforts, supervision of rehabilitation work, etc. Yes No x If yes, indicate below the entities with which your agency will subcontract, the tasks these entities will perform and the geographic areas that will be covered by each entity. Also, ~,e. administrative allowances that will be paid to each entity. Indicate also if and how the time lines your agency will impose on the sub- conr. racting entities will differ from the overall time line established in V. (A) above. Note: Your agency will be responsible for the correct submission of all loan documents to MHFA for approval as well as the appropriate disbursal of all MHFA funds to Contractors.) 4/17/95 C. An Administrator may choose of awarding loan funds: 1. If a f~rst-come, first-served system is to be used, check here: x 2. If a priority system is to be used, check here: * If a Priority System is chosen, it must be used throughout the Program. In the event that the number of applications exceeds the number of loans which can be feasibly awarded, this priority system shall be used as the basis for ranking such applications. either of the two following methods Use of a priority system constitutes a "targeting" of funds and must be included in the Application for Loan Funding as approved by City Council or County Board. MHFA Loan Funds may be targeted for particular geographic areas, types of improvements, population groups, or to meet specific planning goals or other relevant objectives. Funds may not be targeted in such a way as to exclude any particular applicant otherwise eligible under the Procedural Manual from making an 'application and being considered eligible for a Loan. The selection system may take the form of a point system, a priority list or a combination of the two. Indicate whether or not you intend to use a Loan Review Committee for selecting applications (Tb/s section must be completed for either first-come, first-served or priority system types of applicant selection criteria.) Yes No x If yes, how will the Loan Review Committee operate? no; how will applicants be selec~e~ First come, first served. If your agency administered the seventh phase of the Rehabilitation Loan Program, is there a waiting list of applicants? Yes x No If yes, how many are on your waiting list? Two (2) How will these applications be integrated into this program phase? They will be the first two families assisted. 251/D 4117/95 D. Outreach Methods 1. Describe the methods that will be used to market the availability of loan fLlnds: News releases to local news media when program is approved. Publicity on program in the quarterly City Newsletter. For County and Multi-County Applicants Only To encourage the equitable distribution of Deferred loan funds throughout the county jurisdictions, MHFA is requiring all county and multi-county applicants to explain the strategy which it will use to ensure that funds are distributed fairly to small geographic areas and/or local units of government. Include any special strategies to distribute loan funds to Indian Reservations. (Descriptions of successful working distribution models are available from MHFA upon request.) Note: This is not to be confused with the applicant selection system described in V. (C). Distribution strategies should be viewed as plans for geographical allocation of available funds within counties. Describe the distribution strategy which will be used in your service area. (Provide attachment ~f necessary.) N/A Accessibility Fund MHFA will be making available a central pool of accessibility funds that will be administered in conjunction with the Deferred Loan Program Phase VIII. Is your agency willing to also process packages through this fund? Yes x No (If "No" is checked, please make arrangements with a neighboring MHFA Administering Entity, to provide coverage in your area. This agreement needs to be verified in a letter from the other Administering Entity attached to r. his Loan Funding Agreement.) C$ 4/17/95 F. Revolving loan Fund MHFA will be making available a central pool of Revolving Loan Funds that will be administered in conjunction with the Deferred Loan Program Phase VIII. Is your Agency willing to also process packages through this funck~ Yes x No (If "No" is checked, please indicate why your Agency chooses not to deliver the Revolving Loan Program.) . EVIDENCE OF FIDELITY AND FORGERY BOND Any employee of the Administrator who is authorized to sign or counter sign MHFA checks, drafts, or Contract Documents or to certify vouchers must be covered by a fidelity and forgery bond in an amount equal to the lesser of $25,000 or 1/3 of the Administering Enti~s total authorized Loan Funding. Attach a copy of Administering Entity's certificate of insurance evidencing such coverage to this application. AFFIRMATIVE ACTION Agencies other than units of local Government must submit a copy of their Certificate of Compliance or a notarized letter indicating that the Administrator had no more than 20 full-time employees at any time within the previous 12 months. VIII. IX. COUNTY BOARD/CITY COUNCIL RESOLUTION Attached is a Resolution Authorizing Application for the MHFA Rehabilitation Loan Programs. This resolution must be completed by the appropriate City Council or County Board. Resolutions must also be obtained from Reservation Business Committees where reservations are located within the Administrator service area. Attach a copy of the completed resolution to this application. SUBMISSION This application is approved and submitted by: Donald R. SChneider Authorized Representative of Applying EntiW (prin0 Executive Director Title Signature Date 251/D Note: This application will be incorporated by reference as a contractual document. In this respect, it will be used as a basis for monitoring and evaluating performance. While additional documentation may be attached, no alternative application forms will be accepted. 4/17/95 APPLICATION FOR FUND G CHECIrlI. T (Please check as applicable) - Have you included the following: x 1. X 2. X 3. NA 4. X NA o City Council or County Board Resolution for each jurisdiction? Copy of Forgery and Fidelity Boncl? Two copies of Application for Funding? Copies of all subcontrac: documents, if needed? Distribution strategy, if needed? A copy of the Administering Entities Affirmative Action. Certificate of Compliance or the required letter, if needed> Signature(s) of authorized representative o£ your entity? Copy of Priority System, if needecl.> 251/D 4/17/95 MINNESOTA HOUSING FINANCE AGENCY 400 Sibley Street, Suite ~00 St. Paul, MN 55101 Please complete and return with the application. Housing and Redevelopment Authority of Columbia Heights Name of Agency 590 40th Avenue N.E. - Columbia Heights, Minnesota 55421 Address Donald R. Schneider City State Zip Executive Director (612) 782-2855 Telephone Number (612) 782-2857 Fax Number Scott McKinney Contact Person (612) 782-2858 Telephone Number (612) 782-2857 Fax Number Others that should receive Administrative Memos $67,954 'Funding Request $9,514 Administrative Allowance This certl .fle~.that ~TATE FARM FIRE AND CASUALTY COMPANY, Bloomington, ~' ~ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois insk=res the following policyholder for the coverages indicated below:. -7 Name of policyholcler HOUSING AND REDEV~.I.OPMENT AIYrI:IORITY OF COLl~l~llA FI'~.IGI:ITS Add. ss of polic,/t~31de~ 5~.N) ~ ~ COLUMBIA REIGB'I'S~ MN 55421 Location of operations Description of operapons The poiicies listed betow have been issued to the policyholder for the policy periods shown. The insurance descnbed in these policies is subject to ail the terms exclus~3ns, and conditions of those policies. The limits of liability shown may have been reduced by any ~ c~ms. i POLICY PERIOD MMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Data Expiration Data (at beginning of policy period) BODILY INJURY AND PROPERTY DAMAGE ........ I Comprehensive 1 ""-09-95 07-09-96 .......... ........ ............ [ ...... ....................................... This insurance inotuaes: ~'~ Products - Completed Operations ~-~ Contractual t iaDility ~--~ Underground Hazard Coverage ~ Personal Injury Aclvertising Injury Explosion Hazard Coverage Collapse Hazard Coverage General Aggregate Limit applies to each project EXCESS LIABILITY [] UmDrella [] Other Wort<ers' Compensation and Employers Liability POLICY PERIOD Effective Data Expiration Data Each OccurTence General Aggregate Produms - Completed Operations Aggregate $ EXCLUDED BODILY INJURY AND PROPERTY DAMAGt~ (Combined Single Limit) Each Occurrence $ Aggregate $ Part I STATUTORY Part 2 BODILY INJURY Each ACC~dem $ Disease Eacf~ Employee $ Disease - Policy Limit $ POLICY }ERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Data Expiration Date (at beginning of policy period) 93-1~-5214-0 APARTMENT 07-09-95 07-09-96 $1,000,000 93-21-6837-5 $~0,000 BUSENESS OFFIC~ 93-25-7029-1 Name and Address of Certificate Holder DEPT. FOR HOUSING AND URBAN DEVELOPMENT 220 SOUTH 2ND ST MINNEAPOL IS, MN 55401-2195 If any of the described policies are canceled before it expiration date, State Farm will try to mai a written notice t the cectificate holder 30_ days before cancellation. I however, we fail to mall such notice, no obligation or liabilit will De imposed on State Farm or its agents or represent~ tNe.s.- ~,, ,~-" . ,./, ..y..., ' ~_.,,:_ . '/Z.. / '" , ././. /.'_._~ Agent 06-06-95 RESOLLrrlON AUTHORIZING A.PPLICA.~ON FOR MI-IFA REHABILITATION LOAN PROGRAM F-tSNDS RESOLUTION 95 - WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide loans to property owners for the purpose of housing rehabilitation; and The Housing and Redevelopment Authority WHEREAS, of Columbia Heights, Minnesota has developed an application as an Administering Entity for the Minnesota Housing Finance Agency Rehabilitation Loan Programs; and ~T~E~EA$, the Housing & Redevelopment Authority has demons~ated [he ability to perform the required activities of the Minnesota Housing Finance Agency Rehabilitation Loan Programs; The Housing and Redevelopment Authority NOW, THEREFORE, be it resolved, [ha[ of Columbia Heights, Minnesota is hereby authorized as ~n entity to be charged with the administration of funds made available through the Minnesota Housing Finance Agency Rehabilitation Loan Programs, in the county/city of Columbia Height~, Minnesota Please place a check next to the programs this resolution is for: x Deferred Loan Program x Revolving Loan Program x ,,, Accessibility Loan Program Approved By Joseph S tudevant 1995 Mayor (Authorized Officer) (Title) Attested by: JoAnne Student, City Council Secretary 251/D 10 4/17/95 CITY COUNCIL LETTER Meeting of: June 26, 1995 AGENDA SECTION: PUBLIC HEARINGS/ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER'S AND RESOLUTIONS CITY MANAGER'S APPROVAL NO: 6 ITEM: ESTABLISHING CITY MANAGER'S WAGES BY: PAT HENTGES BY: NO: Mayor Sturdevant has requested that I include the attached resolution on the June 26th agenda. The resolution, if adopted, will establish compensation for the City Manager with an increase of 2.75%, which was the same percentage of increase for city employees for 1995. RECOM~IENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 95-32, Establishing City Manager's Wages and Compensation. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS RESOLUTION NO. 95-32 RESOLUTION ESTABLISHING CITY MANAGER'S WAGES AND COMPENSATION WHEREAS, Patrick Hentges was appointed to position of City Manager pursuant to the terms and conditions of Resolution 93-11; and WHEREAS, the performance of the City Manager was evaluated and determined to be satisfactory; and WHEREAS, Resolution 93-11 provided, that subject to a satisfactory review, the City Council may adjust the base salary of the City Manager, plus may grant performance merit pay. NOW, THEREFORE, BE IT RESOLVED: That the City Manager shall be compensated at an Annual Rate of $77,000 retroactive to January 1, 1995; and the car allowance shall be $250.00 per month. The City Manager shall continue to earn vacation, holidays, sick leave, and deferred compensation, together with medical insurance payment at the rate for all other non-union essential and confidential employees. Passed this 26th day of June, 1995. Offered by: Seconded by: Roll call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary DATE: TO: FROM: MINNESOTA HOUSING FINANCE AGENCY June 9, 1995 Minnesota County Boards and City Council Michael Hal~ Director, MN/Hbtfies Division SUBJECT: Minnesota Housing Finance Agency Deferred Loan Program - Phase VIII The Minnesota Housing Finance Agency (MHFA) is in the process of accepting applications for Phase Viii of the Rehabilitation Loan Programs until July 17, 1995. The Deferred Loan Program provides housing rehabilitation assistance to homeowners with adjusted incomes of $10,000 or less. The Accessibility and Revolving Loan Programs assist homeowners with adjusted gross incomes of $18,000 in the metro area and $15,000 in greater Minnesota. The funding level for this Phase will be $10.5 million plus $800,000 specifically targeted for Accessibility Loans and an as yet undetermined amount for Revolving Loans. Program Summaries are included with this information. As in the past years of the Rehabilitation Loan Programs, MHFA is requesting your endorsement of the administrator for your jurisdiction. Entities applying for funds to be distributed will be requesting your endorsement within the next month. You should be aware that there may be more than one application to consider for your area. spechica,y note in ),'our ieview of each en[i[y"s appllcation, MHFA recommends that you '" " following sections of the application: 1. The schedule of priorities to be used in ranking individual homeowners' applications; 2. The applying entity's "strategy" to ensure that funds are distributed fairly to smaller geographic areas or local units of government within your area; and 3. Subcontracting arrangements that may have been made with other agencies by the applying entity for the delivery of the program. MHFA has also enclosed with this letter a Model Board Resolution. In certain cases, MHFA may be required to take into account specific factors that contribute to an applying entity's administrative capability. Such factors may make it necessary to reject a city or county-endorsed application. In those cases, MHFA will work closely with the county to identify a deliverer who is mutually satisfactory. However, MHFA reserves the right of final acceptance or rejection of any application. Your role in the application process ensures that the merits of each applying entity will be considered within a local context. If you have any questions about the application process or any aspect of the Rehabilitation Loan Programs, please contact Susan Ude at 612-296-8844 or 1-800-657-3960. Your cooperation and assistance are greatly appreciated. MH:SU:dw Enc. 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecommunications Device for the Deaf (TDD) (612) 297-2361 Equal Opportunity Housing and Equal Opportunity Employment I. (~ENERAL DE~;~:RIPTIQN The Minnesota Housing Finance Agency (MHFA) Deferred Loan Program provides deferred payment loans to Iow income homeowners for housing improvements directly affecting the safety, habitability, energy efficiency, and accessibility of their homes. A Deferred Loan is a loan which need not be repaid unless the borrower sells, transfers, or ceases to live in the improved property within ten years of the date of the loan. After the ten-year period expires the loan is forgiven. The Program, which was created in 1981, is entering its eighth phase. The Program is primarily funded through appropriations from the State Legislature. The funding level for the 1995-97 program phase will be $10.5 million. There will also be a special $800,000 fund specifically targeted for accessibility improvements. These funds are distributed statewide through local housing and redevelopment authorities, community action agencies, and other nonprofit organizations known as Administering Entities. II. PROGRAM ELIGIBILITY Applicants must meet five eligibility criteria in order to qualify for this program. They are as follows: The applicant's household must have an adjusted gross income of $10,000 or less. Adjusted income is calculated by taking the gross income (including all public assistance payments) of all members of the household, age 18 or over, and deducting from that amount $1,000 per person. MHFA may also allow an extra deduction for extraordinary medical costs. The applicant must own the property to be improved and it must be his/her principal place of residence. The gross value of the applicant's assets (excluding the property to be improved and two surrounding acres) cannot exceed $25,000. 4. The property cannot contain more than two dwelling units. The structure, upon completion of necessary improvements, will be reasonably livable, safe, habitable and energy efficient for the term of the loan. 2797/D 05/95 III. IMPROVEMENT ELIGIBILITY The Deferred Loan Program is designed to provide funds for basic improvements to make a dwelling more safe, habitable or energy efficient. The need for such improvements is determined by an inspection performed by the staff of an Administering Entit.y. The cost,bf the necessary improvements cannot exceed $10,000. All improvements must be permanent improvements. Examples may include repair or replacement of f~Urnaces, ro~)fs, electrical and plumbing systems, insulation and construction of ramps for accessibility. A special Accessibility Fund is available to use for improvements necessary to enable a disabled person'to function in a residence. The need for such Improvements is determin~.d by an inspection performed by the staff of an Administering Entity, consideration of the disabled person's priority needs and consultation with 'the homeowner and MHFA. The cost of accessibility improvements cannot exceed $10,000. IV. ADMINISTRATIVE PROCEDURES Based on an MHFA-determined allocation plan, organizations will be invited to apply to administer the program. An amount not exceeding 14% of an entity's allocation may be deducted from the allocation for administrative expenses. The Administering Entity is responsible for determining the adjusted income, assets, and necessary improvements for each applicant. After each loan package is assembled, the Administering Entity will submit the package to MHFA for review. Upon approval, MHFA will notify the Administering Entity of approval and supply the documents necessary to close the loan. The Administering Entity will close the loan, record the Repayment Agreement and Mortgage, monitor the rehabilitation work, certify (along with the borrower) that the work is completed satisfactorily, and authorize contractor payment. 2797/D 05/95 I. GENERAL DESCRIPTION The Minnesota Housing Finance Agency (MHFA) Accessibility Loan Program provides deferred loans to install home modifications directly related to the basic needs of a physically disabled person. No interest is charged or periodic payments required on funds received. If the home is sold or its title transferred within five years from the closing, the loan must be paid in full. A repayment agreement with these terms is filed against the property's title as a condition of obtaining assistance. The program is funded through appropriations from the State Legislature. Phase VIII will operate from September 1995 through July 1997, with a budget of $800,000. The Accessibility Loan Program is operated in conjunction with the MHFA Deferred Loan Program. Both these programs are implemented locally by housing and redevelopment authorities, community action agencies, and other nonprofit organizations known as Administering Entities. II. PROGRAM ELIGIBILITY Among eligibility criteria applicants must meet are: The property to be improved must be an existing single- or two-family home, owned by the household as its principal residence. Property taxes must be current. One or more household members must have a long-term physical disability that substantially affects functioning in the home. If the disabled person is not a property owner, they must be related by blood, marriage, adoption, or a similar legal arrangement. The value of the household's assets (excluding the property to be improved and two surrounding acres) cannot exceed $25,000. The applicant's household adjusted gross income may not exceed $18,000 in the eleven county metro area or $15,000 in the rest of the state. Adjusted gross income is calculated by taking the gross annual income (including all public assistance payments) of all members of the household, age 18 or over, and deducting from that amount $1,000 per person. MHFA may also allow an extra deduction for extraordinary medical costs. o Once necessary improvements are completed, the structure must be reasonably livable, safe, and energy efficient for the term of the loan. 153/A 6/95 III. IMPROVEMENT ELIGIBILITY The Accessibility Loan Program is designed to provide funds for basic 'improvements a disabled person needs at home to live more independently and safely. Examples include: a ramp or mechanical lift, ,doorway widening, changes in bathroom layou.t or fixture. Only permanent modifications are eligible for funding. The Administering Entity inspects a property and consults with the household to determine what modifications are needed. They then assist the household by preparing materials for use in contractor bidding (such as drawings and specifications). A general inspection will also be done to identify if any major structural problems or safety hazards must also be corrected at the home. IV. ADMINISTRATIVE PROCEDURES Program funds are administered by MHFA and allocated on a per-project basis. Households contact the Administering Entity in their area to submit an application. The Administering Entity determines eligibility and processes the application according to local selection criteria. An amount not to exceed 16% of total funding will be distributed with each loan for administrative expenses. For selected applicants, the Administering Entity then submits by mail or fax (#612-296-8292) the completed Application Form, Income/Asset Verification Form, and the Access Information Form. MHFA will send a letter confirming this reservation, and assigning the application a loan number. The complete loan package must be submitted to MHFA within 90 days of the date of the confirmation letter. Once a project is approved by MHFA, the Administering Entity will receive the loan funds, close the loan, record the mortgage, monitor construction, and release funds when work is acceptably completed. 153/A 6/95 RESOLUTION AU'I~ORIZ~G APPLICATION FOR MHFA REHABILITATION LOAN PROGRAM FUNDS WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide loans to property owners for the purpose of housing rehabilitation; and WHEREAS, has developed an application as an Administering Entity for the Minnesota Housing Finance Agency Rehabilitation Loan Programs; and WHEREAS, has demonstrated the ability to perform the required activities of the Minnesota Housing Finance Agency Rehabilitation Loan Programs; NOW, THEREFORE, be it resolved, that is hereby authorized as an entity to be charged with the administration of funds made available through the Minnesota Housing Finance Agency Rehabilitation Loan Programs, in the county/city of Please place a check next to the programs this resolution is for: __ Deferred Loan Program __ Revolving Loan Program __ Accessibility Loan Program Approved By Its (Authorized Officer) (Title) 251/D 10 4/17/95 MINNESOTA HOUSING FINANCE AGENCY 400 Sibley Street, Suite 300 St. Paul, MN 55101 Please complete and return with the application. Name of Agency Address City State Zip Executive Director Telephone Number Fax Number Contact Person Telephone Number Fax Number Others that should receive Administrative Memos Funding Request Administrative Allowance 251/D 11 4/17/95 CITY COUNCIL LETTER Meeting of: June 26, 1995 AGENDA SECTION: Communications ORIGINATING DEPT.: CITY MANAGER NO: 7 Planning and Zoning ~ APPROVAL ITEM: Rezoning, John Wille 7' ~ , BY: Tina Goodroa~ B NO: 9506-19, 4801/07 University Avenue DATE: June 8, 1995 Mr. Wille is requesting the consideration of rezoning two parcels, 4801 and 4807 University Avenue, legally described as Lots 16 & 17, Block 20, Roslyn Park Addn., Anoka County, Mn. and the vacant lot north of 4807 legally described as Lot 18, Block 20, Roslyn Park Addn., Anoka County, Mn. There are two primary uses in this area. Aspen Mills at the south end of the building is a retail/service uniform business. The second occupant is Wallace Automotive, an automotive parts retail store and service shop. Both of these occupants lease the space from Mr. Wille. The reason for Mr. Wille's request is to bring the existing business and automotive repair service shop into compliance with the Zoning Ordinance by rezoning it to an Industrial zone. Ail of the parcels owned by Mr. Wille are zoned RB, Retail Business. According to Section 9.113(2)(g) of the Retail Business Section of the Zoning Ordinance, a Conditional Use Permit is required for motor fuel stations (minor) and major fuel stations with MINOR repairs (not to exceed four bays). Mr. Wille explained that automotive work done on this site is major auto repair. Major automotive repair is ONLY permitted in the Industrial Zoning District. Mr. Wille's parcel, where the automotive store sits, is in non-conformance with the Retail Business District. However, since this use has been in existance for some time, the use is "grandfathered-in" but only as it currently exists, it does not permit an expansion. According to Section 9.104(3) (h) of the Zoning Ordinance, "Normal maintenance of a building or other structure containing or related to a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforminq use". Mr. Wille would like to expand the Wallace Automotive Supply Company by forty feet in width into Lot 18. The submitted site plan shows this addition. Some of the existing space in the rear of Wallace Supply will be used by Aspen Mills if this addition is constructed. This addition violates the ordinance and expands the non-conforming use by another 3,360 feet. Section 9.104(3) (i) of the Zoning Ordinance states "once a structure, building or parcel of land has been placed in a more restrictive non-conforming use, it shall not return to a less restrictive non-conforming use". The existing uses are currently violating setback requirements for the Retail Business District. The survey shows these sites having five (5) feet at the rear of the property. Section 9.113(4) (e) requires ten feet and where the rear yard abuts an "R" District, the rear yard must be the same as the "R" zoning requirement. Ail of these lots abut R-2 zoning to the rear and R-3 to the north. A thirty (30) foot rear yard setback is required. Industrial Zoning requires a 24 foot rear yard setback which will not be met if this property is rezoned. The Planning and Zoning Commission and City Council have approved a Conditional Use Permit for Wallace Supply in June 1994 to allow a truck/trailer rental operation provided the sloped areas at the rear of the property be repaired and maintained and a screening fence installed along the rear property line within sixty days of the approval. The work on the sloped area has still not been done. However, a chain link fence has been provided at the rear. The Planning and Zoning Commission unanimously denied the request for the rezoning of 4801/07 University Avenue as the City of Columbia Heights has a policy not to permit "spot zoning", which this request is considered to be. The lots would not meet required setback requirements and this type of use should not be abutting residential areas. COUNCIL ACTION: ccag695.no2 June 14, 1995 Mr. Patrick Hentges City Manager City of Columbia Heights Dear Patrick; On June 6, 1995, we had requested a rezoning hearing on our property in Columbia Heights, the decision of the Planing and Zoning Board, was that our rezoning request was denied, and now we would like to appeal that decision to the City Council Board at their next meeting. If you should have any question, or need additional information please contact me. Wille Sales Inc. 1516 Etna Street St. Paul, Minnesota 55106-1420 612-774-6489 C~TY OF COLUI~BIA HEIGHTS ~pplication For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Applicat£on Date, Case No.' Str..t Addr.., of Sub,.ct ,,ro. rty, 4~01--480'~ m N~V~R~tT'f ~V8- Applicant: 6. Zoning: Applicable City Ordinance Number Section yresent Zoning~-~ '~ETmIL/~O$/N~S3Propo,ed zonin~ Acknovled~men~ and Signature:.. The undersigned hereby represents upon all of the penalties of lay, fo~ the purpose of inducing ~he City of Columbia Heights to take ~he action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with ~J~e~rd~a~ces of the City of Columbia Heights ,CITY OF COLUMBIA KEI~HTS ~Rezon£ng Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Date, Case No: Rece£pt No.- Address: Phone; Description of Request: Applicable City Ordinance Number Section Present Zon£ng~Pz'°P°sed Zonins '~, 8. Exhibits Submitted (maps, diasrams, etc.) AcknovledKment and $iKnature.- The unders£sned hereby represents upon all of the penalties of law, for the purpose of inducin~ the City of Columbia ~eights to take the action herein requested, that all statements herein are' true and that all ~ork herein mentioned will be done /n accor/ance wither, he Ord~hances .of the of Columbia Heights Taken By :_, CERTIFICATE OF FOR ~o~ SURVEY 2.--/9< qBTH_,4VE. N.E. SCALE: SURVEYS INC. ---- KlM A. REALIME RI GIST[ RED LAND SURV[YOR ~2-475-'1314 61~-47540~5 fAX 330S C~U~'D ~ N BOOK IPAGE 'PROdECT NO. SHEET REVISIONS · EXISTIN~ · 5HOP Wallace Supply Co. EXISTINS, AREA Aspen Mills EXISTIRO A P..E A Wallace Supply Co. NFJ'q AP. EA .GAL~ AP.E.A EXI.~TIN~ J 5AL.r-0 m' 5' 15' 25 FEE:T ~ ~ 62' 10' Aoa~[!on to Wallace ~Upply uo. 4~u1 university Avenue Preliminary Plan 1/16"= 1 '-0" The Sullivan Group Architects Inc. 9505,001 15 May 1995 May 15, 1995 My parents purchased the property (lots 16, 17, 18, 19 and 20 Block 20 Roslyn Park Addition) in the early 50's. In about 1960 we purchased the lot 21 Block 20 to complete our 6 lots. By the summer of 1954 my father operated a retail hardware store in part of the ~r~ldin~ that sets on lots 16 and 17. He operated the retail hardware store for almost 20 years, closing it in 1972. From the Middle 1950's to the present time we have leased space in this building to various businesses. In 1967 we first rented space to Wallace Automotive Inc., and in 1968 we added to the building, to allow more space for Wallace automotive. They have been renting space from us and occupying the area from 1967 to present. Wallace Automotive is a family operated business, Gerald and Elaine Schnedecker, and their 2 sons Butch and Mike and daughter Laura comprise the ownership, they employee 3 additional full time persons, plus 1 part time person. Their business is a service/retail, and their customers are the home mechanic, and commercial and industrial business that form the surrounding area of Columbia Heights and Fridley, In 1989 we rented space to Aspen Mills Inc. They have been ren~ing space from us and occupying the same space from 1989 to present. Tkeir business is a retail/service providing uniforms. Aspen Kills is a family operated business, Steve and Catherine Soderquist are the owners. They employee 2 additional full time persons and 2 part time persons. Their business is a retail/service, and their customers are professional technical people from the commercial and industrial business in the Twin City Metro area. They also now have started a mail ordering service, and presently selling their products out of state. What we are proposing to build a new addition to the existing building to the North (lot 18). This would provide additional space for Wallace Automotive for repair and servicing vehicles with a portion of the building for retail storage and an office. Part of the agreement is that a portion of the space now being occupied by Wallace Automotive will be vacated so that Aspen Mills would be able to renovated it and use it for storage and operating area. In summary the ownership of the property by Wille Sales Inc. is almost 45 years, the business by Wallace Automotive is 28 years old in the same location, Aspen Mills Incl is 6 years old in the same location. What we are asking is that the Lots 16 and 17, Block 20 Roslyn Park Addition that is presently zoned Retail Business (RB) be rezoned Industrial (I), so that the present business would be in compliance with the proper zoning. We also asking that the Lot 18, Block 20, Roslyn Park Addition that is presently zoned Retail Business (RB) be rezoned Industrial (I), to allow fore expanding our present building. The remaining three (3) lots would (1) Page 2 remain a parking area. We also propose if a new building addition is allowed, that the building on Lot 20, Block 20, Rosyln Park Addition would be torn down, this radiator repair service would be incorporated into the new addition. We are proposing this new addition to our building, to allow our current tenants (Wallace Automotive Inc. and Aspen Mills Inc.) to continue their business in Columbia Heights, We are not proposing that any new business would lease the new addition. Wille Sales Inc. !~abella C. Wille, Wille Sales Inc. (2) REGULAR COUNCIL MEETING APRIL 11, 1994 PAGE 5 Increase funding for roads and transit; Establish a new program to clean up landfills and adequately fund pollution clean up grants; and Support the other legislative initiatives of the League of Minnesota Cities· Passed this llth day of April, 1994. Offered by: Seconded by: Roll call: Nawrocki Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 7. COMMUNICATIONS a. Planninq and Zoning Commission The minutes of the February 22, 1994 Special Meeting and the April 5, 1994 Regular Meeting of the Planning and Zoning Commission were included in the agenda packet for informational purposes only. I. Conditional Use Permit - Wallace Auto Parts, 4807 University Avenue Councilmember Nawrocki observed Junk vehicles on this property and he noted that the embankment end the fence at the top of the enbankment appear to be in very poor condition. Also, there is litter and trash on the grounds. Me hopes these issues will be looked at by staff and the Planning and Zoning Commission. Motion by Nawrocki, second by Jolly, based on the City Manager's recommendation, this matter and the items mentioned by Councilmember Nawrockt be referred back to the Planning and Zoning Commission for a second review. Roll call: All ayes 2. Variance - Bruce Fischbach, 4212 Washington Street Motion by Peterson, second by Jolly to approve the variance for 4212 Washington Street with the provisions that if the structure was ever damaged by 50% or more of its fair market value, (9.104)(3)(e) the variance would be null and void and use of the land would be required to be only for a single family dwelling. Roll call: All ayes .REGUIJiRCOUNCILMEETING JUNE 13, 1994 PAGE 17 Councilmember Nawrocki stated only one third of that amount was needed as it is a three year grant. He also £elt this would be an exception as he viewed it ms mn sxpenditure for .the Sheffield Project. Councilmember Jolly was supportive of the resolution as there are no guidelines for the use of reserves nor any set policies. Roll call: J~lly, Nawrocki, Sturdevant - aye Rue-~timann, Peterson - nay Passed this 13th day of June, 1994. Mayor Joseph Sturdevant Jo-Anne Student, Council Secretar~ COM]470NI CATION S C?uncilmember Nawrocki inquired if staff has, mentioned these property owe. ers nave peen no=iz~ea. on street s~gns already in the right-cz-way; Motion by Jolly, second by Peterson to install directional signs for Lomia.nki Park on Main.Street at 39thAvenu~base~ on be put up until suc~ =Lme ~nere property owners. Roll call: All ayes b. Conditional Use Permit o Wallace AUtO Parts Motion b~ Peterson, second by Jolly to approVe the conditional ~roperty are repaired w~thin sixty (60) aays aha ~nereaz=er maintained. Roll call: All ayes PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 6, 1995 PAGE 1 The Planning and Zoning Commission meeting of June 6, 1995 was called to order at 7:00 p.m. Members present were Paulson, Fowler, Peterson and Szurek. Commissioner Larson was not in attendance. Also present were Tina Goodroad (Zoning Coordinator), Donald Schneider (Director of Community Development) and Jim Hoeft (City Attorney). Motion by Peterson, seconded by Paulson, to approve the minutes from the meeting of May 2, 1995 as presented in writing. Roll Call: All Ayes. NEW BUSINESS: Petitions, letters and requests. A. Public Hearing Conditional Use Permit Case #9506-18 John P. Gizas RE: 5098 Central Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Mr. Gizas for a Conditional Use Permit to allow the operation of a delilsandwich restaurant in the existing vacant building at 5098 Central Avenue, formerly the Bagel Deli. She stated that there are no plans to change the interior of the building, only minor adjustments to the exterior. The existing pylon sign will be used as it exists with changes to the sign face only. The 75 square foot pylon sign is in conformance with the Sign Ordinance. She informed the Commission that the existing parking lot and number of spaces will not be altered. The interior layout plan indicates 36 seats which would require twelve (12) parking spaces. There are nineteen parking spaces provided on site plus one handicap space. Mr. Gizas was in attendance. Motion by Fowler, seconded by Paulson, to recommend to the City Council the approval of the Conditional Use Permit as presented for the operation of a deli/sandwich restaurant at 5098 Central Avenue. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JUNE 12, 1995 CITY COUNCIL AGENDA. Public Hearing Rezoning Case #9506-19 John Wille 4801/07 University Avenue Columbia Heights, Mn. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 6, 1995 PAGE 2 Ms. Goodroad presented the request of Mr. Wille for the rezoning of two parcels located at 4801 and 4807 University Avenue legally described as Lot 16 and 17, Block 20, Roslyn Park Addition, Anoka County, Mn. and the vacant lot north of 4807 legally described as Lot 18, Block 20, Roslyn Park Addition, Anoka County, Mn. She directed the Commissioners attention to the survey enclosed in the agenda packet that shows the lots in question and the entire 31,200 square foot area owned by Mr. Wille. She stated that there exists two primary uses .consisting of Aspen Mills, a retail/service uniform business, and Wallace Automotive, an automotive retail parts store and service shop. Both spaces are leased from Mr. Wille. She explained that Mr. Wille's intent is to bring the existing business and automotive repair service shop into compliance with the City Zoning Ordinance by rezoning it to an industrial zone. Mr. Wille has informed Staff that automotive work done on the site is major auto repair. Currently, all of Mr. Wille's parcels are zoned RB, Retail Business. Major auto repair is allowed only in the Industrial Zoning District. Therefore, the automotive business conducting major auto repair on Mr. Wille's property is considered a non-conforming use in the. Retail Business District. However, since this use has been in existance for some time, the use is considered "grandfathered in" but only as it currently exists, it does not permit an expansion. Ms. Goodroad stated that Mr. Wille would like to expand the Wallace Automotive Supply Company by forty feet in width into Lot 18 in order to allow the expansion of Wallace Automotive Supply and Aspen Mills. Ms. Goodroad stated that the proposed addition would violate the Zoning Ordinance and would expand the non- .conforming use by another 3,360 square feet. She informed the Commission that Section 9.104(3)(i) of the Zoning Ordinance states "A non-conforming use of a structure, building or parcel of land may be changed to a similar non-conforming use or to a more restrictive non- conforming use. Once a structure, building or parcel of land has been placed in a more restrictive non-conforming use, it shall not return to a less restrictive non-conforming use". Ms. Goodroad informed the Commission that the existing uses on Lot 16 and Lot 17 are currently violating setback for the Retail Business District. The survey shows these sites having five (5) feet at the rear of the property. However, Section 9.113(4)(e) requires ten (10) feet and where the rear yard abuts an "R" District, the rear yard must be the same as the "R" zoning requirement. All of these lots abut R-2 Zoning to the rear and R-3 to the north. A thirty (30) foot rear yard setback is required. Industrial Zoning would require a 24 foot rear yard setback which will not be met if this property is rezoned. The parking requirements would be difficult to meet if these lots would be rezoned. She stated that currently, the parking spaces are provided on the public right-of- way 'along 48th Avenue for Aspen Mills and Wallace Supply Company. Cars waiting to be repaired are currently parked on Lot 18 where the addition is proposed. If an addition were added onto Lot 18, they would only be able to use Lot 19 for parking. However, Lot 19 will remain RB zoning as no change has been requested for that area. Ms. Goodroad informed the Commission that they and the City Council had approved a Conditional Use Permit for Wallace Supply Company to allow a truck/trailer rental operation in June of 1994. This CUP was approved on 'the condition that the sloped areas at the rear of the property are repaired and maintained and a screening fence PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 6, 1995 PAGE 3 installed along the rear property line within sixty (60) days of the approval of the CUP which was June 13, 1994. She stated that the sloped area has still not been done, however, a chain link fence was installed along the rear of the lot. Council Representative Peterson felt that there was no reason to "spot" zone the property to an Industrial use as the types of uses allowed in an Industrial district are not proper uses to place next to a residential area. He stated that if the City were to consider rezoning the area, the City would loose control over what could be placed next to the residential area as any use allowed in the Industrial zone could locate to this area. Mr. Tom Dougherty was present to represent the owner, Mr. Wille. Mr. Dougherty stated that these changes have been proposed to accomodate the existing tenants as they are both in need of additional space with the intent to preserve the value of the property and beautify it as the old radiator building will be removed from the site. John Terries of 4827 University Avenue was present as the immediate neighbor to the north of the site in question. He felt the zoning change would not benefit the community. Due to the noise, smells, traffic, etc. that can be generated by the types of uses allowed in the Industrial zoning district, he felt that those uses would not be workable placed next to a residential home. Commissioner Paulson asked Mr. Dougherty if new leases have been signed by Wallace Auto Parts and Aspen Mills for future use of the site. Mr. Dougherty stated that the proposed addition had been informally discussed with both tenants and they are interested in continuing the lease agreement. However, he did state that Aspen Mills would move out in December of 1995 if they cannot expand. Motion by Peterson, seconded by Fowler, to deny the rezoning request for 4801/07 University Avenue as the rezoning of the properties in question would be considered "spot zoning", would not be an appropriate zoning abutting a residential district, and the lots would not meet required setback and parking requirements. Roll Call: All Ayes. Public Hearing Variance Case #9506-20 Design Home Builders 533 N.E. 52nd Avenue Columbia Heights, Mn. Ms. Goodroad presented the request of Thomas Clayton of Design Home Builders for a five (5) foot setback variance from the required twenty feet when a garage door faces a street. Design Home Builders has proposed the construction of a new single family dwelling on the corner of 52nd Avenue and 6th Street. She explained that the only way this lot could be made buildable, because it is a corner lot, would be to have the house face 52nd Avenue. This makes the setback requirements difficult to meet for the attached garage. PLANNING AND ZONING COMMISSION REGULAR MEETING -MINUTES JUNE 7, 1994 PAGE 3 Do Public Hearing Special Purpose Fence Case #9406;25 Ken Small 4334 Madison Street Columbia Heights, Mn. Evet)'n Nygaard presented the request of Mr. Small for permission to install a seven (7) foot high 'special purpose privacy fence along and inside the north side property line of 4334 Madison Street from the front of the house to within three feet of the rear property line. Mr. Small was present and stated that he was unable to obtain the signature of consent from the adjacent property owner as the house was abandoned by the owner and is currently vacant. Motion by Fowler, seconded by Peterson, to recommend to the City Council the approval of the seven (7) foot high special purpose privacy fence at 4334 Madison Street as requested. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JUNE 13, 1994 CITY COUNCIL AGENDA. go Public Hearing Special Purpose Fence Case #9406-26 Kim Larson 4148 Quincy Street Columbia Heights, Mn. Evelyn Nygaard presented the request of Kim Larson for permission to install a six (6) foot high special purpose privacy fence along and inside the side property lines of 4148 Quincy Street from the front of the house extending toward the rear of the detached garage on the south side of the lot and from the front of the house extending to the front of the detached garage on the north side of the lot. She stated that the signatures of consent from the adjacent property owners have been obtained. Motion by Paulson, seconded by Peterson, to recommend to the City Council the approval of the six (6) foot high special purpose privacy fence at 4148 Quincy Street as requested. Roll Call: All Ayes **THIS CASE TO APPEAR ON THE JUNE 13, 1994 CITY COUNCIL AGENDA. 4. OLD BUSINESS: Public Hearing Conditional Use Permit Case #9404-14 Wallace Radiator Shop 4817 University Avenue Columbia Heights, Mn. Evelyn Nygaard presented the request of Gerald Schnedecker representing Wallace Auto Parts of 4807 University Avenue. The request for a Conditional Use Permit to allow a U-haul truck/trailer rental business was originally reviewed at the April 1994 Planning and Zoning Commission meeting. She explained that, prior to being reviewed by the City Council, it was discovered that the site consists of five separate parcels consisting of four, forty foot parcels and one eighty foot parcel. She stated that in order to consider this property as one parcel, a combination of lots would be necessary to be filed with Anoka County. The owner of the property has declined to do this and submitted a letter stating 'Wille Sales, Inc. has owned the six lots on 48th and University Avenue from 1954 to the present and do not intend to sell any of these lots now or in the near future". PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES JUNE 7, 1994 PAGE 4 Evelyn Nygaard stated that, if a combination is not done, the Conditional Use Permit could still be granted provided the entire property is maintained under the same owner. Should the property be sold or split up, the Conditional Use Permit would become null and void. She stated that there also would be a problem with the number of pylon signs to be allowed on the site. Evelyn Nygaard stated that if the property is considered one parcel, only one pylon sign would be allowed. There is more than one pylon sign currently and Mr. Schnedecker stated he would not remove the other pylon sign as the property has already been brought into conformance with the City Sign Ordinance. Council Representative l~eterson felt that for signage purposes, two or three lots should be combined to create a separate address for the truck/trailer rental and allow a separate pylon from the main building at 4807 University Avenue. Mr. Schnedecker stated that 4817 University Avenue is the address used currently for the building where the rental operation will be conducted. The Commission felt that the address for this request should reflect 4817 University Avenue. Discussion was held regarding the concerns of the Commission and City Council regarding the slope and fence at the rear of the property. Due to the disrepair of the fence and erosion of the slope, it will be necessary that permanent erosion control be installed and the fence replaced or repaired within sixty (60) days. Motion by Larson, seconded by Paulson, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of a three truck/three trailer U-Haul rental at Wallace Radiator Shop, 4817 University Avenue provided the fence is repaired or replaced and permanent erosion control is installed along the rear slope within sixty (60) days. Roll Call: All Ayes. **THIS ITEM TO APPEAR ON THE JUNE 13, 1994 CITY COUNCIL AGENDA. 5. FROM THE FLOOR: Public Hearing Lotsplit Case #9405-18 Abe Heppner 4315 Central Avenue Colunibia Heights, Mn. Richard Nowak, realtor, and Abe Heppner, owner of 4315 Central Avenue, were in attendance for the purpose of a lotsplit of property located at 4315 Central Avenue. Evelyn Nygaard explained that this case was tabled at the May meeting to allow the owner to obtain a release from NSP regarding an easement they own across the proposed lotsplit. She stated that it also will be necessary that other 'easements held by adjacent tenants and property owners be properly written with correct lot description, including the various easements, and be submitted .to the City prior to any further action ' h being taken. The City Attorney had advised, at t e May meeting, that it would be premature to act on :this request until accurate information is submitted to the City as it could compromise other property owners rights. Ms. Nygaard explained to the Commission that additional information had not been submitted to the City prior to the agenda being prepared and distributed for the June meeting. CITY COUNCIL LETTER Meeting of: June 26, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 CITY MANAGER'S APPROVAL NoITEM: ESTABLISH WORK SESSION DATES 7 ~ BY: PATRICK HENTGES: ·. DATE: 6-22-95 DATE BY: : The following work session dates for July should be established: July 11, 1995, at 8:00 P.M. July 17, 1995, at 7:00 P.M. RECOMMENDED MOTION: Move to establish July 11, 1995, at 8:00 P.M. and July 17, 1995, at 7:00 P.M. as work session dates. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 26, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER' S NO: 7 CITY MANAGER' S ~tPPROVAL__ ITEM: WITHDRAWAL OF JOINT POWERS AGREEMENT BY BY: LINDA L. MAGEE.~ BY: HILLTOP ~ W~ DATE: JUNE 22, 1995 J\ DATE NO:/ 0~_ · ~ Attached is a letter from Hilltop's City Attorney, indicating the City of Hilltop's intent to withdraw from the Joint Powers Agreement between the City of Columbia Heights and the City of Hilltop, for administration of the Cable Television Franchise, and terminate Hilltop's participation on the Cable Communications Commission. The City of Columbia Heights has served in the capacity of administrator of the Columbia Heights/Hilltop Cable Communications Franchise since a cable franchise was first granted approximately fifteen years ago. Expenses incurred have been distributed on a proportionate basis between the two communities according to average annual number of subscribers. No charges are assessed to Hilltop for cable expenses incurred that are for the sole benefit of the City of Columbia Heights. The resulting effect to Columbia Heights of the dissolution of the Joint Powers Agreement will be the loss of proportional reimbursement for shared expenses. In the recent past, this has amounted to: 1991: $4,032.73 1992: $3,370.03 1993: $3,908.91 1994: $5,291.44 However, we will no longer be spending staff time on cable related matters associated with Hilltop (i.e., programming on Channel 16, subscriber complaints, etc.). According to the joint powers agreement, it is in effect until such time as the parties mutually agree to the termination. Staff recommends that the City Council concur with the City of Hilltop's decision to terminate the joint powers agreement for the administration of the Cable Television Franchise, and to direct staff to take steps necessary to ensure appropriate dissolution of the joint administration of the franchise. RECOMMENDED MOTION: Move to concur with the City of Hilltop's decision to terminate the joint powers agreement between the City of Columbia Heights and Hilltop for the administration of the Cable Television Franchise, and to direct staff to take steps necessary to ensure appropriate dissolution of the joint administration of the franchise. COUNCIL ACTION: NEWQUIST & EKST/~.UM, CHARTERED ATTORNEYS AT LAW CAR1 J. NEWQUIST B. WILLIAM EKSTRUM SUITE 301, FRIDLEY PLAZA OFFICE BUILDING 6401 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 4381 TELEPHONE (612) 57~ 6870 FAX (612) 57I 6884 Of COUNSEL DOUGLAS J. PETERSON# June 9, 1995 Mr. Patrick Hentges City Manager Columbia Heights Municipal Bldg. 590 - 40th Avenue NE Columbia Heights, MN 55421-3878 RE: Cable Television Dear Mr. Hentges: As you know, each of our cities has a separate Cable Television Franchise. Over the years, our cities have administered cable television through a Joint Powers Agreement. It has been Hilltop's perception that Columbia Heights wishes to micromanage and control cable television. This has led to some friction in the past because of the amounts of time that have been devoted to cable television matters. The Hilltop Council not only wishes to assume direct responsibility for Hilltop's Cable Television Franchise but wishes to exercise a different management approach. After careful review and consideration, the Hilltop Council has directed me to notify you as Columbia Heights City Manager of Hilltop's intent to withdraw from the Joint Powers Agreement and to terminate Hilltop's participation on the Cable Television Commission. The Hilltop Mayor and Council have asked me to make it as clear as I can that Hilltop's withdrawal from the Joint Powers Agreement and the Commission is in no way grounded in any animosity or bad feelings nor is this intended in any way to represent a criticism or complaint. The Hilltop City Council simply believes that withdrawal will allow each community to administer its own Cable Television Franchise in the manner each deems appropriate. If you will prepare a bill for proportionate costs through June 30, 1995 and submit it to either Ruth Nelsen or myself, we Mr. Patrick Hentges June 9 1995 Page 2 will immediately present it to the Hilltop Council for payment. Thank you and please let me know if you have any questions. uist Hilltop Ci~u~ Attorney CJN: lac cc: Ruth Nelsen CITY COUNCIL LETTER Meeting of: June 26, 1995 AGENDA SECTION: COMMUNICATIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 CITY MANAGER'S APPROVA~L ITEM: ACKNOWLEDGE RECEIPT OF ALLEY PAVING BY: PATRICK HENTGES BY:~~------~ PETITION/ESTABLISH PUBLIC HEARING DATE~,~ ~% DATE: JUNE 22, 1959 DAT NO: Attached is a petition requesting that the "raw alley" servicing properties at 3710 Quincy street N.E., 3722 Quincy Street N.E., and 720 38th Avenue N.E. be paved. City staff met with Mark Miernicki on a number of occasions to discuss various options to resolve conditions in the alley. Though we did not represent final approval of any one option, we did indicate the staff's willingness to explore a variety of financing and special assessment options that could be used not only to resolve this alley's condition, but other raw alley conditions throughout the City. City staff will present a variety of options that could be used to facilitate the undertaking of the project. Some of the alternatives that will be explained in the feasibility report will include private contracting the work, vacating a portion of the unused alley, having City crews do the work, charging only for material costs, and of course, not charging administra- tive, engineering, and inspection costs. RECOMMENDED MOTION: Move to acknowledge receipt of alley paving petition from Mark Miernicki, 3710 Quincy Street N.E., and to establish a public hearing date of Monday, July 24, 1995, at approximately 7:00 p.m. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 6/26/95 AGENDA SECTION: OLD BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 8 PUBLIC WORKS ITEM: CLOSING OF4OTH AVENUE BY: K. Young~(~ I~i,E~ NO. FOR SOAP BOX DERBY DATE: 6/20/95 . At its meeting of June 12, 1995, the City Council gave approval to host the 1995 Minnesota State Soap Box Derby on Saturday July 8, 1995. To accommodate the derby, 46th Ave. between Johnson St. and Pierce St. will be posted "No Parking" and closed to through traffic from 6:00 A.M. to 8:00 P.M. Barricades will be placed at the intersections of 46th and Johnson, 46th and Pierce and 46th and Parkview Lane to restrict traffic to derby participants and local residents only. In the event of rain on July 8, 1995, the derby will be held on Sunday, July 9, 1995, with the same traffic restrictions. A letter has been sent to residents informing them of the upcoming derby. To ensure safety, spectators will be allowed only on the south side of 46th Ave. in Keyes Park in order to keep people off of private property. A Certificate of Insurance will be provided from the National Soap Box Derby Association which covers the local derby. Hay bales will be placed in front of telephone poles, traffic signs and beyond the finish line in case of brake or steering failure. The Keyes Park building will be opened to provide restroom facilities for derby participants and spectators. Food and beverages will be available for purchase. RECOMMENDED MOTION: Move to close 46th Ave. between Johnson St. and Pierce Street from 6:00 a.m. to 8:00 p.m. for the 1995 Minnesota State Soap Box Derby to be held on Saturday, July 8, 1995, with a rain date of Sunday, July 9, 1995. KKY:jb 95-392 COUNCIL ACTION: MEMO TO: FROM: DATE: SUBJECT: CITY OF COLUMBIA HEIGHTS RECREATION DEPAR Patrick Hentges, City Manager Randy Quale, Recreation Director June 19, 1995 Minnesota State Soap Box Derby - July 8, 1995 As you are aware, Mr. Jeff Siegfried sought approval from the City Council on June 12, 1995 for Columbia Heights to host the 1995 Minnesota State Soap Box Derby on Saturday, July 8, 1995. Council gave approval for the derby contingent on three items: 1) The suggested derby location (adjacent to Keyes Park on 46th Street between Johnson Street NE and Pierce Street NE) is inspected by staff and found acceptable; 2) The residents residing near the race route location be informed of the upcoming derby; and 3) Mr. Siegfried provides a certificate of insurance from the national soap box derby association which covers the local derby. Per Council's three concerns, I have inspected the suggested race route with Mr. Siegfried and found the route acceptable. Also, a letter was mailed on June 16, 1995 informing the local residents of the upcoming derby (enclosure). In addition, Mr. Siegfried has remitted a certificate of insurance from the national soap box derby association which covers the local derby (enclosure). In reviewing the certificate of insurance, I noted that the City of Columbia Heights is not named as an additionally insured party. Furthermore, the dates of the races on the insurance certificate are incorrect. If you believe that these two items need to be corrected please let me know ASAP. Otherwise, it appears that Council's concerns have been properly addressed and we're ready to roll! To accommodate the derby, 46th St. NE between Johnson St. NE and Pierce St. NE should be posted no parking and closed to through traffic on Saturday, July 8, 1995 from 6:00 a.m. to 8:00 p.m. Barricades should be placed at the intersections of 46th & Johnson, 46th & Pierce and 46th & Parkview Ln. to restrict traffic to derby participants and local residents only. Traffic should be detoured to the north along 47th St. In the event of rain on July 8, 1995 the derby will be held on Sunday, July 9, 1995 with the same traffic restrictions. A map detailing the derby location and proposed traffic restrictions is enclosed with this letter. It is important to note that local residents will still have access to and from their homes during the derby. Local residents who access their homes or garages off of 46th St. (including those who live on Parkview Lane) will be able to come and go between the derby race heats. Traffic monitors will be supplied by Mr. Siegfried to assist the residents enter or leave the derby area. Page - 2 Several steps will be taken to ensure a safe and enjoyable event for both the derby participants and the local residents: Spectators will be allowed only on the south side of 46th St. (in Keyes Park) in order to keep people off of private property. o The Keyes Park building will be opened to provide rest rooms facilities for derby participants and spectators. o A safety fence may be erected on both sides of the street to prevent racers from leaving the race course (and possibly causing damage to private property.) In addition, hay bales will be placed in front of telephone poles, traffic signs and beyond the finish line (to stop any racers in case of brake or steering failure. 4. Food and beverages will be available for purchase. A public address system will be used to make announcements. However, the P.A. system will not be used early in the morning (prior to 8:00 a.m.) to minimize the impact on local residents. o The soap box derby has comprehensive insurance to cover any accidents or damage to property. o Banners and decorative signs will be placed on the race course to add to the festive nature of the derby. 8. Extra trash barrels will be placed near the race course. o The Recreation Director will coordinate all aspects of the race on behalf of the City. 10. Jeff Siegfried will provide all other equipment, staff, supplies, etc. for the derby. If you have any questions on this matter please see me. If you would like more information concerning the soap box derby, contact the Minnesota State Soap Box Derby Director, Jeff Siegfried at (W) 786-6100. RQ/rq enclosures xc: Len Olson, Acting Police Chief HEIGHTS ion Director Lauren McClanahan, Acting Public Works Director RQFILES: DERBY.MEM CITY OF COLUMBIA HEIGHTS DEPARTMENT OF RECREATION Jo~I~ E MV~zYN HALL 530 MmL STREET NE COLUMBIA HEIGHTS, MN 55421 (612) 782-2860 June 16, 1995 Dear Keyes Park Area Resident: In three weeks, a special event co-sponsored by the City of Columbia Heights is slated to take place close to your home. On Saturday, July 8, 1995 the Minnesota State Soap Box Derby is scheduled to be held adjacent to Keyes Park on ~6th Street between Johnson Street NE and Pierce Street NE. The soap box derby is a series of races between youth ages 10 to 16 years of age who ride small unpowered plastic shelled cars down a 200 yard hill. To accommodate the soap box derby, 46th St. NE between Johnson St. NE and Pierce St. NE will be posted no parkinq and closed to throuqh traffic on Saturday, July 8, 1995 from 6:00 a.m. to 8:00 p.m. Barricades will be placed at the intersections of 46th & Johnson, 46th & Pierce and 46th & Parkview Ln. to restrict traffic to derby participants and local residents only. Traffic will be detoured to the north along 4?th St. In the event of rain on July 8, 1995 the derby will be held on Sunday, July 9, 1995 with the same traffic restrictions. A map detailing the derby location and traffic restrictions is enclosed with this letter. It is important to note that local residents will still have access to and from their homes durinq the derby. Local residents who access their homes or garages off of 46th St. (including those who live on Parkview Lane) will be able to come and go between the derby race heats. When entering or leaving the derby area, let the traffic monitors know where you live and where you are going. Be aware that there may be a short delay until the road is cleared between race heats. Your understanding and cooperation in this matter is appreciated! Several steps will be taken to ensure a safe and enjoyable event for both the derby participants and the local residents: Spectators will be allowed on south side of 46th St. only (in Keyes Park) in order to keep people off of private property. The Keyes Park building will be opened to provide rest rooms facilities for derby participants and spectators. RECREATION SENIOR CITIZENS Jo~r'~ P. ML'P. ZYN HALL Page - 2 o A safety fence may be erected on both sides of the street to prevent racers from leaving the race course (and possibly causing damage to private property.) In addition, hay bales will be placed in front of telephone poles, traffic signs and beyond the finish line (to stop any racers in case of brake or steering failure. 4. Food and beverages will be available for purchase. o A public address system will be used to make announcements. However, the P.A. system will not be used early in the morning (to minimize the impact on local residents). o The soap box derby has comprehensive insurance to cover any accidents or damage to property. o Banners and decorative signs will be placed on the race course to add to the festive nature of the derby. 8. Extra trash barrels will be placed near the race course. If you have any questions on this matter please feel free to give me a call. I can be reached weekdays at 782-2860. If you would like more information concerning the soap box derby, contact the Minnesota State Soap Box Derby Director, Jeff Siegfried at (W) 786-6100. on Director HEIGHTS RQ / rq enclosure xc: CH Staff RQFILES: DERBY.LTR MINNESOTA STATE SOAP BOX DERBY 6.'00 A.M. - 8:00 P.M., JULY 8, 1995 ~Tth Street Detour Route Barricade 46th Street (._i.--- No Parking - Race Route ) eBarricade EYE 45I/2 AV PARK ]~;::'~ [.~X.)~I[ I~.: (~)~4~: (',~;-~'/ ,-r'~r~, ~ .... · J ~..C~RTIFICATE.I8 ISSUED AS A MA~ER ....... '~ ...... * ..... ~'~- / ~Y AND CONFER8 NO RIGHT6 UPON ..... I HOLDER, THIS CERTIFICATE ~OE8 NOT AMEND, EXTEND OR /tl.:i',~:):~ (l:l ~[~O A [ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING*~OVERAQE O~PANY ~MP~Y C~PANY ~MPA~ D Tt 118 IS TO CFRTIFY ~ 1 lie POLICIES OF INSUrlANGE LISTED BELOW HAVE BEEN ISSUED TO THE INS[JRFD NAMED ABOVE FOR TttE POLICY INDICA1 ~D, NO~I1 flSTANDING ANy RFQUI~{E~ENT, TE[IM OR CONDITION OF ANy OONTflAC1 OR OTHER ~UMEN I WITH RESPECT TO WI IIUH THID CLH11FIOATE MAY BE I~SUED OR MAY PERTAIN, l I IL INSUR~OE AFFOIID~D BY THE POLICIES D~SCRIaED HEREIN I~ ~U~EOT TO ALL THF T~.I{M~, ~XOL USION~ AND OONDI11{)NS OF ~UCH PDI ICII:S. LIMIT~ SHOWN MAY HAVE 3DEN REDUCE~ ~y PAID CLAIMS. 1Y/~l GENERAL LIABIL~ ANY AUTO ~OIICDULED A~O~ HIRFD ~ IoY Errl~OllVE PoLIcy DATE (Mt,~Ol~/Yy) DATE NON-OWNFD ALI1 OD J OAI~AUF LIABILII'y J ANY~UTO lXCEIE LIABILITY IJMRRELLA rORM O1 HER TI lAN LIMHIIELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITy T~{E PROPRIFTOI'V I'ARTNFI~O/CXEOU'i tVI- ()FflCFR6 AI~C: OTHER ,,~ ........... 0::;/'1~/95 1;.*/01 ,/gd 2/01 r LR~TE ^ e O^Tc 1, Odb, "" PnoDuCT$ - OOMP~O..p AB8 PFH~O~L & ADV I~URY FIHE D~A~ (A~ one tlreJ M~u (~ (An~ on. ~r~n)._. ~__. ~BINED ~INGI E LIMIT B~]LY ~.lJi~y ~DILy I~UBY (Per Jcc~e~) · F~ AGGIDENT AGGRE~I E [T~RY LIMITS I EL DIB~E - EA EMI'LO, CF JUN 10 '00 46:E7 . ~HOULD ANY OF THE AROVE EX~I~T~N DAT~ TNE~EOF. Tile I~aUINO ~MPANY ~[ ~AVO~ ~O MAIL ~. ~ DAY~ ~N NO~E TO ~E OER~FI~ H~R ~MED TO THE LE~, FAILURE TO MAiL ~OH NO?IOE ~H~LL ~Y~ UPON THE OOMPANy, ........ ~..;:~,~;'~: ..,~,~{...',~:~,~. -.: .............. ~ .............. MEMO TO: FROM: DATE: SUBJECT: CITY OF COLUMBIA HEIGHTS RECREATION Patrick Hentges, City Manager Randy Quale, Recreation Director June 19, 1995 Minnesota State Soap Box Derby - July 8, 1995 As you are aware, Mr. Jeff Siegfried sought approval from the City Council on June 12, 1995 for Columbia Heights to host the 1995 Minnesota State Soap Box Derby on Saturday, July 8, 1995. Council gave approval for the derby contingent on three items: 1) The suggested derby location (adjacent to Keyes Park on 46th Street between Johnson Street NE and Pierce Street NE) is inspected by staff and found acceptable; 2) The residents residing near the race route location be informed of the upcoming derby; and 3) Mr. Siegfried provides a certificate of insurance from the national soap box derby association which covers the local derby. Per Council's three concerns, I have inspected the suggested race route with Mr. Siegfried and found the route acceptable. Also, a letter was mailed on June 16, 1995 informing the local residents of the upcoming derby (enclosure). In addition, Mr. Siegfried has remitted a certificate of insurance from the national soap box derby association which covers the local derby (enclosure). In reviewing the certificate of insurance, I noted that the City of Columbia Heights is not named as an additionally insured party. Furthermore, the dates of the races on the insurance certificate are incorrect. If you believe that these two items need to be corrected please let me know ASAP. Otherwise, it appears that Council's concerns have been properly addressed and we're ready to roll! To accommodate the derby, 46th St. NE between Johnson St. NE and Pierce St. NE should be posted no parking and closed to through traffic on Saturday, July 8, 1995 from 6:00 a.m. to 8:00 p.m. Barricades should be placed at the intersections of 46th & Johnson, 46th & Pierce and 46th & Parkview Ln. to restrict traffic to derby participants and local residents only. Traffic should be detoured to the north along 47th St. In the event of rain on July 8, 1995 the derby will be held on Sunday, July 9, 1995 with the same traffic restrictions. A map detailing the derby location and proposed traffic restrictions is enclosed with this letter. It is important to note that local residents will still have access to and from their homes during the derby. Local residents who access their homes or garages off of 46th St. (including those who live on Parkview Lane) will be able to come and go between the derby race heats. Traffic monitors will be supplied by Mr. Siegfried to assist the residents enter or leave the derby area. Page - 2 Several steps will be taken to ensure a safe and enjoyable event for both the derby participants and the local residents: Spectators will be allowed only on the south side of 46th St. (in Keyes Park) in order to keep people off of private property. The Keyes Park building will be opened to provide rest rooms facilities for derby participants and spectators. A safety fence may be erected on both sides of the street to prevent racers from leaving the race course (and possibly causing damage to private property.) In addition, hay bales will be placed in front of telephone poles, traffic signs and beyond the finish line (to stop any racers in case of brake or steering failure. 4. Food and beverages will be available for purchase. A public address system will be used to make announcements. However, the P.A. system will not be used early in the morning (prior to 8:00 a.m.) to minimize the impact on local residents. The soap box derby has comprehensive insurance to cover any accidents or damage to property. Banners and decorative signs will be placed on the race course to add to the festive nature of the derby. 8. Extra trash barrels will be placed near the race course. The Recreation Director will coordinate all aspects of the race on behalf of the City. 10. Jeff Siegfried will provide all other equipment, staff, supplies, etc. for the derby. If you have any questions on this matter please see me. If you would like more information concerning the soap box derby, contact the Minnesota State Soap Box Derby Director, Jeff Siegfried at (W) 786-6100. RQ/rq enclosures xc: Len Olson, Acting Police Chief Rec~e,a.~ion Director Lauren McClanahan, Acting Public Works Director RQFILES: DERBY.MEM MINNESOTA STATE SOAP BOX DERBY 6.'00 A.M. - 8:00 P.M., JULY 8, 1995 47th Street Barricade Detour Route PARKVIEW No Parking - Race Route LA. 46th Street I ) ~Barricade EYE 451/2 AVE. PARK INSUHkU I' O '' ~' ,L.I, '1233 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOI~ATION ONLy AND CONFERS NO RIGHT6 UPON THE CERTIFICA'TE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVER~' COMPANy OOMHANY B 0 GENERAL LIADIL~y ANY AUTO HIRF~ A~ N~-OWNF~ QAkA[iF LIABILITY J ANY~UTO IIMRRELLA I'ORM I 01HEn TI ~ WORKERS C~PENSATION F ~M"LOYERS' LIABJmy j I'ARTNF~/CXCOU]iVb I "r OTHER POLIOy NUMBER; L~it.,y poi iov Err¢¢llVi DATE O!j/'l 12/01/'~.)~ 12,'U1 ,"P4 POLICY EXPIRATION DATE (MM/DD/Yy) [2./01, .),, 12/01/95 LIMIT PnoouCT$. OOMP/Op AGO PFH~O~L L ADV I~URY EAGH FIRE D~AG~ (A~/one lire) MLDEXP {An one r~n) ~BIN~D SlNGI E LIMIT B~ILY ~.Jl J~y ~DILY I~U~Y (Pe~ tcc~e~) PROPCR~ AUIO ONLY. ~ OTHER T~ AUT~ ONLY; FA~ AGOlDENT AGGRFOATE EACH AGG RE~I E TpRY UM{TS ~4CH ~I~NT EL DI0~E - EA EMI'LOYEF , 1,0<i~), '~ 1,0¢)0~ $ ~5,000 Aoei,~'~nt. ~, ' JUN 10 '00 46:~7 ~:,~} 1.~2,, ~ ,, ' ,'~<;)t: t,.) l.,r.~ ):'[u~ o}'l thc, ~.'olloYd.t):] (2r,~tef;:, ~,,~.~,~m~,~g. ;.:,,;~, ,~'. ,,,.,: ::.::' ~,::.:,~,;',.t.;<:~'' :}~,,;:,,,,~2 ~Zf,,,.-..~,:~ · ..,;,=;~.':., v,,,. ............. "~v~"'~'2;g ,.::r.,~<,~22~' , ~HOULD ANY OF THa ~ROVE EXPIHAT~N DATA THE~EOF. TIlE 1~2UINQ ~MPANV ~LL ~AVOR ?0 MAIL ~. DAY8 ~R~EN NOY~E TO ~E 0Efl~FICATE H~R ~MED TO THE LE~, BUT FAILuflE TO MAIL ~UGH NOTI:I 8HALL IMPu~E NO DBLI~T~N ~Y ~D UPON THE ====================================== 6-?33- 1370 PRGE. 008 , ~ COMPANY ............... ..................... ............ D Tills IS TO CFRT r ............... ,'<~'~. ....'~" .~, ·" ';': ;:~;: :?:::*:::::??::::::: :::." :f.:.;:.L;;;:.:::'?:':"'::':~ :~.;~,~::::~ ........ .:...: . . INDIOA3 ED, NOTWI~ HSTANDINO ANY IN,,UF{ANCE LI~TED BELOW HAVE BEEN ISSUED TO TH~ ...... ~WnrL~ NAM~U ABOVE FOR THE POLICY P~RiOD RFOUINEMENT, TErIM OR CONDITION OF ANY CONT~ACI OR OTHER ~UMEN I WITH ~ESPECT TO WI IIUH THI0 CLH1 IFIOATE MAY BE ISSUED OR MAY PERTAIN, ]IIE INSURANCE AFFOIIDcD BY THF POLICIES D~ORIBED HEREIN IS ~U~JECT TO ALL THF T~.iJM~, :EXCL U8ION~ AND CONDI~ IONS OF SUCH POi IOI]:S. LIMITS SHOWN MAY HAVE 3EEN HEDUCF~ ~y PAID CLAIM~. CITY COUNCIL LETTER Meeting of: 6/26/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ~/ ~/;~ng4[0~ BY~ ITEM: AWARD OF 1995 MISCELLANEOUS BY: '1 DA NO. CONCRETE REPAIRS PROJECT DATE: On March 27, 1995, Council authorized staff to seek sealed bids for the 1995 Miscellaneous Concrete Repairs and Installations, Municipal Project #9500. Specifications were sent to two companies. Two sealed bids were received for the bid opening on June 16, 1995, at 9:00 A.M. Staff is recommending award of the work to Gunderson Bros. of Minneapolis, Minnesota, for the low formal bid of $19,481.30. RECOMMENDED MOTION: Move to award the 1995 Miscellaneous Concrete Repairs and Installations, Municipal Project ~9500, to Gunderson Bros. Cement Contractors Co., Inc. of Minneapolis, Minnesota, based upon their low, qualified, responsible bid in the amount of $19,481.30, with funds to be appropriated from Fund 401-59400-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. KKY:jb 95-388 COUNCIL ACTION: d e oo oo oo oo oo oo oo o o o d~ o~ ~ ~o ~W ~o ~ d o ~ ~ O0 O0 O0 0 0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 0 0 O0 O0 O0 O0 O0 O0 O0 0 0 0 O0 O0 O0 O0 ~ ~0 O0 0 0 dd ~ dd d~ dd dm dd ~ d ' oo oo oo om oo mo oo o o oo oo oo o~ ~ ~ oo o ~ O0 O0 O0 O0 O0 O0 O0 0 0 0 O0 O0 O0 O0 ~ O0 O0 0 0 0 dd ~m ~o do ~ No ~d d d i O0 O0 O0 O0 O0 O0 O0 0 0 g O0 O0 ~0 O0 ~ O0 O0 0 0 ~ ~ O0 O0 ~ ~ ~ ~ 0 c~ c ~ o~ ~m 0 0 0 ~0 ~0 ~0 ~0 ~0 ~0 0 c- O 0 O PROPOSAL CITY OF COLUMBIA HEIGHTS, MINNESOTA MUNICIPAL PROJECT #9500 1995 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS June 2, 1995 BID OPENING Friday, June 16, 1995; 9:00 A.M. Bidders: The undersigned, as bidder, hereby proposes and agrees to enter into a Contract on the form attached hereto with the City of Columbia Heights, Minnesota, to supply all labor, materials, and equipment necessary for the completion of the 1995 Miscellaneous Concrete Repairs and Installations, Municipal Project #9500, within the City of Columbia Heights, all in accordance with the Specifications prepared by the City Engineer, City of Columbia Heights, Minnesota, and in strict accordance therewith, for the following sum: No. Description Quantity Unit Unit Price Total 1 Remove curb 78 I_F. $ --'-i (,} 0 2 Construct concrete curb 78 LF. $ ./,.~, 0 0 3 Remove curb and gutter 355 LF. $ ,.~, C)~) 4 Construct concrete curb and gutter 355 bF. $ 1,5', ~ (~ $ $ !i '-1o,oo 5 Remove concrete cross-streetdrain 190 S.F. $ oq.O 0 6 Construct concrete cross-street drain 190 S.F. $ 7 Remove concretealley/apron 460 S.F. $ 8 Construct 8' concrete alley/apron 460 S.F. $ 9 Remove concrete driveway/apron 137 S.F. $ 10 Construct 6' concrete driveway/apron 137 S.F. $ 11 Remove concrete sidewalk 622 S.F. $ 12 Construct4' concrete sidewalk 622 S.F. $ 13 Remove concrete step 16 S.F. $ 14 Construct concrete step 16 S.F. $ .3&-.O 0 15 Patch concrete curb 15 LF. $ ,~'. O0 16 Patch concrete street/alley 50 S.F. $ ~, ~-0 $ g~"", 0 0 TOTAL BID It is understood that the Owner may accept or reject any Proposal. $ I '/9 I, 30 A certified check or bidder's bond in the amount of: ~'~ _,t..~ .}3Lr~.,~_ ~o,-~ ~,~.~,,'f/_~.-7-~,~_ d- °_~7;~_ Dollars ($ ~-~ ~//, 4? 7 ) drawn to the order of the. City of C([~Jmbia Heigh{s, is attached hereto. If this proposal is accepted and ~ c,..f~_. ~._ .~_~r)~, ~/~-]"J~ ~p_~r, refuses, fails, or neglects to execute the Contract and furnish a satisfactory surety bond within ten (10) days of the date of acceptance of this Proposal, it is understood and aqreed that _ - -said'amobn't"oeing the same ~]~id' secudty a-bov'er~entioned-- will be liquidated damages PROPOSAL FORM PAGE 2 OF 2 occasioned by such refusal, failure, or neglect. Thereupon said City of Columbia Heights shall realize upon said bid security and use the proceeds in the payment of said damages. Said certified check will be promptly returned upon completion of the contract documents. This Proposal is submitted after careful study of the Specifications and from a personal knowledge of the conditions at the site, which knowledge was obtained from our own sources of information and not from any official or employee of the City. It is understood and agreed that this Proposal cannot be withdrawn within sixty (60) days after scheduled time for receipt of bids. The following is a schedule for completion of the work. 1. Time required after Contract Documents are completed to start work: '7 days. 2. Time required from commencement to completion (working days only; does not include Saturdays and Sundays): $5'" days. (Print or type name) Address c~-~ c~-- Phone 7~ / Legal Residence Date LIST OF SUBCONTRACTORS Bidders must list subcontractors tentatively scheduled to work on this project. All changes must be submitted to the City Engineer. BIDDER'S REFERENCES NAME 3. ~-- I~,~ TELEPHONE NO. %-3 CITY COUNCIL LETTER Meeting of: 6/26/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ITEM: FINAL PAYMENTTO HNTB FOR BY: K. Young~ BY:.~~ NO. ENGINEERING SERVICES ~ ~ DATE: 6/19/95 DA The consulting engineering firm for the LaBelle Pond Water Quality Improvements has completed their work to a point where City staff can complete the project as discussed with Council at the May 1 work session. The permit for the dredging will be approved once the disposal issue is decided. Plans and Specifications for dredging will be reissued for bidding in the fall. Staff recommends authorizing final payment to HNTB. RECOMMENDED MOTION: Move to authorize final payment of $110.00 to Howard Needles Tammen and Bergendoff, Inc. of Minneapolis, Minnesota. KKY:jb 95-389 COUNCIL ACTION: CITY COUNCIL LETFER Meeting of: 6/26/95 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ITEM: AUTHORIZE STAFF TO SEEK BIDS TO BY: K. Young ~ BY:~ DATE: 6/20/95 DA NO. MODIFYPONDATSILVERLAKEPARK ~C The detention pond at Silver Lake Park was designed to contain storm water during heavy rains and release the water into Silver Lake at a much slower rate. The Silver Lake Association and Rice Creek Watershed District would like the pond converted into a wet pond. This would allow more time for sediments in the storm water to accumulate in the pond and not enter the lake. Up to $20,000 is budgeted in Fund 652-49499 for this project. RECOMMENDED MOTION: Move to authorize staff to seek bids to modify the pond at Silver Lake Park, Project//9316. KKY:jb 95-391 COUNCIL ACTION: EXIS~qNG CHAIN LiNK FENCE ACCESS RAMP 2.5:1 CITY COUNCIL LETTER Meeting of: June 26, 1995 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 9 CITY MANAGER' S APPROVAL BY: E~.~ ITEM: APPLICATION FOR ONE TIME GAMBLING BY: C. BLOWERS REQUEST BY HIAWATHA ACTIVITIES DATE: 6-22-95 DAT NO: COUNCIL, INC. ~. ~. Attached is an application from the Hiawatha Activities Council, Inc. seeking authorization to conduct a one-time bingo event on August 12 and 13, 1995, at the Church of Immaculate Conception, 4030 Jackson Street N.E. Since the organization satisfies the City Council's resolutions regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the Hiawatha Activities Council, Inc. at the Church of Immaculate Conception, 4030 Jackson Street NE, Columbia Heights on August 12 and 13, 1995; and furthermore, that the City Council hereby waives the remainder of the thirty day notice to the local governing body. COUNCIL ACTION: LG220 (Rev. 4~m3) Minnesota Lawful Gambling Application for Authorization for Exemption from Lawful Gambling License RII in ~e unshaded portions of this application for exemption and send it in at lea~t 45 daye before your gambling activity for processing. Name and Address of Organization Organization Name Hiawatha Activities Council Inc. Cun'ent/previous license number Street City Stale Zip code East 42nd St. & 43rd Ave. S. Mpls., MN 55406 FOR BOARD USE ONLY FEE CHK INIT DATE Curt'ertl/previous exempt nun'eer X-0~409-94-001 Hennep in Chief Executive Otllcer Daytime Phone Number Treasurer Daytime Phone Number Michael R. Collins (613 788-9351 Ann Johnson (612) 729-8262 "Dj~e of Non-profit Organization Check the box below which indicates your type of organization [] Fraternal [] Veterans [] Religious Other non-profit Gambling Site Check the box that indicate~ your proof of nonprofit status and attach · copy of the proof to the application. D('] IRS designation [] Ce~ficafion of good standing from the Minnesota Secretmy of State's office [] Affiliate of parent nonprofit organization (charter) Name o! slle where activity will take place Immaculate Conception Church Slmet City ................ Township 4030 Jackson St. NE Columbia Heights 5542~ S~ate Zip code Counly UN Anoka Dale(s) of activity (for raffles, Indicate the date of the drawing) August 12 & 13~ 1995 Game(e) Gro~a Fleoeip4e Bingo [] Raffles [] Paddlewheels [] Tipboards [] Pull-tabs [] F/nanc/a/Report Including of Priz~ Net Profit MarkM Value of Prlze~ (In~hxling Do.tm ami cash) I declare all information submitted to the Gambling Control Board is true, accurate, and complete. / / · Chief I~cutlve Officers Signature Date )islrt)utor lmm w~om gambling equ~nem was purchased ~Isubutom license number I da,clare all flrmnclal Inforna, tlal submitted to the Gambling Conlrol Oom'd is true, aoc. urele, ami complele, Chief Executive Officer's Signature Locnl Unit of Government Acknowledgment I have received a copy of this application. This app#catlon will be reviewed by the Gambling Conlrol Board and will become eflecUve 30 days from the date receipt by the cay or counly, unless the Iocai unl of govemmenl passes a resolution to sl>eclflcaJly prohl~ the activity. A copy of that resolution must be moeived by the ~llng Conlrol Board wllhln 30 days of the dale flBed In below. CRies of the first class have 60 clays in whlctt to disallow ltm activity. City or County Towrmhlp SI pe~ m ~ ' ~. ~lure ~ ~on m~M~ ~n Thi~fo~ill be made a~il~le Mail w~h $25 pe~it f~ and copy of in aRernative lo.at (Le. large pr~f of nonpmfR et·rue to: print, braille) upon request. Galling Control Board 1711 W. Coun~ Rd. B, Ste. 300 S. Roseville, MN 55113 Township is [] organized [] unorganized* [] unincorporated* * Attach letter White - Original Yellow - Board returns to Organization to complete shaded areas INFERNAL REVENUE SERV)iCE DI,SYRI CT DIRECTOR F' 0 BOX A-3290 [!F'N 22-2 CHICAGO', IL 60690 DEPARTMENT OF THE TREASURY FEB 2 2 1993 HIAHATHA ACTIVITIES COUNCIL INC £ 42N['1 ST AND 43RD AVE SO MINNEAPOLIS, MN 55406 Empl,:,yer Identification Number: Contact Person: MRS. Y. RILEY Contact Telephone Number: (312) 886-1275 Internal Revenue Code Section 501(c) (4) Accounting Period Ending: August 31 Form 990 Required: Vos Addendum Applies: N o Dear Appl i cant: Dased ,:,h int,::,rn~al;i,:,]) :;uppl ied, and assuming your operations Hill be as stat,-.-d in your appl icati,:,r, for recognition uf exempti,:,n, He have detel'n',ined y,:,u are exempt fr'om Federal income tax under section 501(a) of the Internal Revehue Code as ,~ ,:,rflanizati,:,n described in the section indicated above. Unlaces specifically excepted, you are liable for taxes under the Federal Insurance C,:,ntr'ibui. i,:,~is Ar.t (social security taxes) for each employee t,:, Hhom you pay $100 c,~~ mc,~e during a calendar year. And, unless excepted, you a~e ali;,:, liable for i.:ax under the Federal Unemployrr, ent Tax Act for each er,',ployee to Hh,::,m you pay $5,0 ,:,r' m,:,r-e duri~ a calendar quarter if, during the current or preceding cale'ncl~r year~ you had one or m,:,re employees at a~y time in each of 20 calendar ~eeks (:,r you paid Hages of $1,500 c,r more in any calendar quarter. If you have m~y questions about excise~ employment, or other Federal taxes, please address then~ t,:, this office. If y,:,ur s,:',u~'ces ,:,f supp,:,rt~ ¢,r your purposes, character, or method of operation change, please let us knoll s,:, He can consider the effect of the c:hange (:,n your exempt status. In the case of an amendment to your organiza- tioT, al d,:,c, un',ent ,:,r byleHs, please send us a copy of the amended document or bylaHs. Also, you should inform us of all changes in your name or address. In the headi]~g .:,f this letter we have indicated whether you must file Form ~?(), Return of Organiz. atic.~ Exempt From Income Tax. If Yes is indicated, you are required t,:, file Form "790 only if y~ur gro~s.receip~s each year are nor'r,',ally more than $2~;,000. HoHever, if'you receive a Form 990 package in the mail, please file the return even if'you d,:, not exceed the gross receipts test. If you are not required ~c, fi le~ simply at~ach'~he label prc, vided~ check the box in the headi])g t,:, indicate that your annual gross receipts are normally ~25~000 ,:,r less~ and sign the return. If a return is required, it must be filed by the 15th day of the fifth m,:mth after the end ,:,f your annual accounting period. A penalty ¢,f $10 a day is charged ~.d~en a return is filed late, unless there is reasonable cause for Letter 948(DO/CG) HIANAIHA ACI'IVII]'[S COUNCIL INC -2- the d~_.lay. H,:,~.~ever', the maximum penalty charged cannot exceed $5,000 ,:,r 5 per- cent of your gro~s re,::eipts for the year, ~.~hichever is less. This penalty may als,:, be charged if a return is not complete, s,:, please be sure your return is c,:,mplete before you file it. Y,:,u are not required to file Federal income tax returns unless you are subject to the tax ,:,n unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990--T, Exempt Organization Business Inc,:,me Tax Return. In this lette~' Ne are not determining ~-~hether any of your present or proposed activities are unre- lated trade or- business as defined in section 513 of the C,:,de. You nee(! a~ empl,',yer identification cumber even if you have n,:, employees. If ah s. hlploye~- iden~:ification number ~.~as not entered on your appl icatio,~, a i'~umhei~ ~.!ill be as~.~i!]ned to y,:,u and you ~.~ill be advised ,Df it. Plea~_.e use that n~Jl~lber ,'_',n all re';:.,]rn.~; y,:,t[ fi le and in all correspondence ~.~it'h the Internal Revenue Service. ~x,.~.mpti¢,n under' section 501(c>(4) is recognized as of September 16, 1970, your date ,:,f formati,:,~ ,:,r incorporation, to October 2, 17~2, the effective date ,:,f your exempt i,:,~ under section 501(c)(3). [h:,no~-s ~ay ;~,:,t deduct co;~tributions t,:, you because you are not an organ- izati,:,n described in 5ecti,:.,n 170(c) ,:,f the Code. U~der section 6113, any fu)~drai5ing ~,olicitation you ,~ake must include an express statement (i~ a c,>nspicu,:,us and easily recognizable format) that contributions or gift?, to you are not deductible as charitable contributions for Federal income tax purposes. This p~-ovisi,:m does ~,:)t apply, hog, ever, if your annual gross receipts are normal ly $100,000 ,:,r less, or if your solicitations are made to no moro than ten persons during ~ cale~dar year. The la~.~ provides penalties for failure t,:, con, ply $.(ith this requirement, unless failure is due to reasonable cause. If ~..,e have indicated in the heading of this letter that an addendum applies~ the enclosed adde~dum is an integral part of this letter. Because this letter could help resolve any questions about your exempt status, you should keep it in your permanent records. If you have any questions, please contact the person ~.$hose ~ame and telephone number are sh,:,~qn in the heading of this letter. Si~.rerely yours, Ma~ i lyn Iq. Day Di~trict Director I..otter ~48(DO/CG) FIRST BANK ~KE MINNEAPOLIS, MN 55406 _~- RESOLUTION NO, 880.42 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAI~LING KXEIfPTIONS IN THE CITY OF COL~JIfBIA HEIGHTS BE IT RESOLVED by the City of Columbia Heights that charitable gambling exenptions will be granted to bona fide charitable organizations prov£ded, however, that the following requirements are met: 1. The organization wishing to gamble obtains the permission of the HLunesota Charitable Gambling Control Board. 2. The organization wishing to gamble obtains the pernisliOn of the Colunb£a Heights City Council. o The organization v~shing to conduct ganbling has been in existence in Columb£a He£$hts for not less than ten (10) years and ks · non-profit organization as determined by the Internal Revenue Service and/o: the Hinnesota Secretary of State. Organ~zations wishing to ga·bls and have been in existence ~n Columbia Heights for not less than ten (10) years he granted five (5) exemptions per year. Organizations wishing to gamble, but have not been in existence ~n Columbia Heights for not less than ten (10) years will be granted one (1) exemption per year. The organization wishing to conduct ganbling must indicate the value of prizes by Category to be awarded; such information shall be prov£ded at the time of appl~cation. The organization wishing to ganble does not pay, and the proprietor of the licensed premises does not receive, rent in excess of $100.00 per event or other renu·er·tis· for permitting the gambling activity or device to be located on the licensed premises. The organization shall re·it · non-vaivable, non-prorated, non-refundable l~cense fee based upon the following schedules Class & and Class B licenses . . . .. $100 Class C and Class D licenses .... $ 25 NOV, THEILEFOILE, BE IT RESOLVED that this resolution shall take effect on July 1, 1988, and shall replace Resolution Passed the 9th day of Hay, 1988. Offered By: Peterson Seconded Byz Petkoff Roll Call: Al I ayes UJo-Anne Student,'-Counc~l Secretary Dale V. Hadtrath, lfayor CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PATRICK HENTGES, CITY MANAGER JUNE 23, 1995 CITY MANAGER'S REPORT REGULAR COUNCIL MEETING OF JUNE 26, 1995 1) COUNTY HRA SPECIAL BENEFITS LEVY Be advised that the Anoka County (County Commissioners serving as Board HRA) is considering a HRA levy. Cities and towns within the county would have to pre-approve the levy before it could be applied to their jurisdiction. At the same time, the County is also reviewing the findings within a county-wide housing study. It is expected that the levy which could amount to $1,115,000 county-wide wood be used to implement the findings of the study. A task force of city officials in the form of an elected group and a staff group is in the process of reviewing the study findings. Though it has not been determined at this point, it is expected that funding would more than likely be directed to elderly housing projects or a rehabilitation program of existing housing. Unfortunately, the levy discussion process needs to begin in order for Anoka County to determine if a proposed special benefits levy for the HRA is to move forward. I don't expect that the final draft of the housing study to be available for at least 30 more days. At this point, I have reviewed the initial draft. I expect the County to formally advise the City of their options in the very near future. 2) PROPOSED SETTLEMENT/CONSENT DECREE ON MINNEAPOLIS HOUSING Attached please find summary information concerning proposed settlement/consent decree that is in the process of being finally approved in Federal Court for the Minneapolis Public Housing lawsuit. As a point of interest, there is a small area on either side of Central Avenue to approximately 43rd Street and the City of Hilltop that is considered minority/poverty concentration areas. Accordingly, individuals or families receiving relocation assistance in the form of housing vouchers will not be eligible to re-locate in any minority/poverty concentration areas. 3) METROPOLITAN LIVABLE COMMUNITIES ACT Enclosed please find summary information concerning the Metropolitan Livable Communities Act that was passed in the last legislative session. Though the law is being heralded as landmark legislation, I do not think that it will be provide Columbia Heights with any immediate relief from the affordable housing debate. The tax base revitalization Account provides for a right-of-way acquisition HOME fund and polluted land cleanup matching grants. The $4.9 million would likely have to be used on a project basis. The Livable Communities Demonstration Account includes $4.6 million dollars from the Metropolitan Mosquito Control District levy. This account provides grants and loans for projects that foster more compact development housing diversity and development within close proximity to transit and other services. Finally, the local housing initiatives account provides $1.5 million dollars of matching grants to municipalities for affordable and life-cycle housing. The law also requires that the Metropolitan Council prepare a report that discusses city's participation in the program and establishes affordable and lifestyle housing goals throughout the metropolitan area. City staff is still in the process of analyzing the act and gathering more information. I suspect that there are some aspects of the program that will be of benefit to Columbia Heights if we are willing to match funds and develop the groundwork for an appropriate project. Our local housing report will provide direction in that area. 4) 1995 LEGISLATIVE SESSION SUMMARY Attached please find legislative summaries from the Association of Metropolitan Municipalities and the League of Minnesota Cities. The AMM narrative outlines the association's policy position and the progress that was made in the last session. The LMC summary provides overview of the session from the League's perspective. 5) REPORTS, CORRESPONDENCE, AND INFORMATION For your information, please find the following attached: City of Columbia Heights Notice of Utility Rate Increase Association of Metropolitan Municipalities, 1995 Elected Officials Salary Survey Rice Creek Watershed District, Water Management Issues Articles Association of Metropolitan Municipalities, Legislative Outreach Meeting, July 11 at 7:30 a.m. League of Minnesota Cities Policy Committee Sign-Up Sheet Primary ballot for Special Election on June 27, 1995 cb 95/49 ANOKA COUNTY HRA Special Benefits Levy 1996 Schedule 6-21 Technical Committee discussion begins 6-27 ACHRA discussion 7-12 Intergovernmental Committee discussion 7-18 ACHRA selects option. Request cities with HRA to opt into special benefits levy for 1 996 8-18 30-day opt-in period ends 8-22 ACHRA adopts budget and proposed special benefits levy for 1996 9-12 County Board approves budget and proposed special benefits recommendation 9-15 Certify special benefits levy to county auditor SPECIAL LEVY FOR HRA 1. Authority : Minnesota Statutes 469.033 2. Maximum Levy: Up to .0131 percent of taxable market value 3. Impact on residential property with $72,000 TMV: $6.42 Municipality 1995 TMV Maximum HRA Levy* BURNS 105,082,200 13,765 COLUMBUS 141,808,400 18,576 LI NWOOD 121,962,900 15,977 AN D OVER 679,429,100 89,005 ANOKA 490,042,400 64,195 BETHEL 10,462,000 1,370 BLAINE 1,225,239,800 160,546 CENTERVILLE 65,533,900 8,322 CIRCLE PINES 152,250,300 19,944 COLUMBIA HEIGHTS 545,217,200 71,423 COON RAPIDS 1,825,153,800 239,095 EAST BETHEL 261,265,400 34,225 FRID LEY 1,107,803,400 145,122 HAM LAKE 328,362,300 43,015 HILLTOP 10,357,900 1,356 LEXINGTON 48,765,300 6,388 LINO LAKES 435,100,000 56,998 OAK GROVE 192,334,200 25,195 RAM S EY 499,131,000 65,386 SPRING LAKE PARK 201,567,000 26,405 ST. FRANCIS 70,385,700 9,220 Total 8,575,254,500 1,115,558 * An additional amount of up to .0013 percent of Taxable Market Value may be levied for informational services and relocation assistance. This essentially increases the numbers shown above by 10%. 1996 Special Benefits Levy Options Options Levy total am(,unt approx. $1,1 i'<,!,000. Approx. 6.42/$72,000 value. Levy for operations for 95-96 only approx. $150,000. Approx. 1.50/ $72,000 value. No levy Issues Continue operation 95-96. Develop and implement senior housing and housing rehab, programs. Unable to meet housing needs - minimum project development Joint Powers Agreement to county repayment due 12/96. Unable to meet housing needs - no project development IPROPOSED SETTLEMENT / CONSENT DECREE The proposed settlement is drafted as a consent decree which must be approved by the federal district court. The following is a summary of the proposed settlement agreement/consent decree with preliminary estimates of funding by source: HOUSING DEMOLITION AND REPLACEMENT ($82.0 million - $73,325,000 federal; $8,700,000 local/MPHA ) 770 Public Housing Units. 770 public housing units in Minneapolis will be demolished and replaced or, if feasible, rehabilitated. HUD Funding. HUD to provide housing replacement funding for 770 public housing units. Site Redevelopment and Reuse. HUD and Minneapolis defendants will fund and Minneapolis defendants will conduct a planning process and develop an action plan to redevelop and reuse current public housing sites in Minneapolis. HOUSING CLEARINGHOUSE AND ASSISTANCE ($29.3 million - $26,025,000 federal; $3,265,000 local ) 900 Section 8 Certificates and Vouchers. HUD will provide 600 Section 8 certificates and 300 Section 8 vouchers for public housing residents and to help other eligible families obtain affordable housing in the private rental market. Clearinghouse Network. MPHA will establish a metropolitan-wide clearinghouse network to provide a "one-stop shop" for affordable housing applications and landlord recruitment. Housing Mobility Counseling. HUD and the Minneapolis defendants will fund mobility counseling services to enable 850 low-income families find affordable housing in the private rental market in non-minority/non-poverty concentrated areas. The Council will provide housing counseling services to 50 eligible Minneapolis families as part of its HomeChoicesm program. Revised 03/23/95 FAIR HOUSING ACTMTIES ( $150,000 federal ) Coordinated Regional Housing Strategies. The Council will coordinate housing planning documents on a metropolitan-wide basis, this includes: (1) identifying unmet needs for affordable housing; (2) developing community indices to serve as standards to encourage appropriate types of local government activities to achieve a metropolitan distribution of housing, alternative housing types and tenure and rehabilitation of existing housing; and (3) assisting in the coordination of metropolitan area strategies to achieve a metropolitan distribution of affordable housing. HUD Consultant. HUD will provide consultant services valuing no less than $150,000 to assist in the development of coordinated regional housing strategies. Council Housing Policy Activities. The Council may undertake housing policy activities to assist local governmental units meet affordable housing needs. The Council housing policy activities may..include: (1) a housing profile; (2) an analysis and report on the housing profile; (3) an index of selected variables to establish a norm and communities' relationship to the norm; and (4) a review and analysis of barriers to production of lower cost housing. Coordination with Regional Facility Development. The Council's housing policy analyses may be incorporated into other appropriate Council policy work and may be applied to appropriate Council funding decisions regarding regional wastewater and transportation facilities. Comprehensive~ Plan Review Guidelines. The. Council will redraft its comprehensive review guidelines and when appropriate 'conduct negotiations with affected units of government to determine the steps necessary to facilitate lifecycle and affordable housing. Affordable Housing Comments. The Council will prepare affordable housing comments on major regional facility reviews and may undertake work related to recommendations on the rehabilitation and redevelopment process after completing the "Morrison study." SUMMARY OF ESTIMATED FUNDING The following table represents preliminary estimates of funding and the distribution of funding responsibilities under the proposed settlement: Settlement Activity Federal Local 770 Public Housing Units 900 Section 8 Certificates / Vouchers Northside Planning Activities Public Housing Demolition/Redevelopment Mobility Counseling Mobility Clearinghouse Fair Housing Activities Administrative Costs $ 73,150,000 24,175,000 175,000 1,850,000 150,000 $ 425,000 8,275,000 765,000 t 2,500,000 1,500,000 2 ESTIMATED TOTAL $ 99,500,000 $ 13,465,000 This amount includes the $150,000 funds budgeted by the Council for the operation of the Council's HomeChoice~ program and $615,000 from the MPI-L~ This amount represents the assumed costs of administration, primarily associated with the MPHA's implementation of the settlement. Revised 03/23/95 REPLACEMENT HOUSING UNITS HOUSING UNITS TO BE DEMOLISHED/REPLACED Sumner Field 350 Olson 66 Glenwood 220 Lyndale 86 Scattered Site 48 Total Units 770 HOUSING REPLACEMENT STRATEGY Tenant-Based Section 8 203 Public Housing Units 567 Total Units 770 HUD will provide funding for 770 public housing units. Approx/mately 203 of the 770 public housing units allocated to the settlement may be offered to suburban jurisdictions as incentive funding public housing to help suburban jurisdictions meet their own local housing needs. REPLACEMENT HOUSING LOCATION A minimum of 322 and a max/mum of 690 public housing units will be relocated in the suburbs. The following summarizes the location of replacement/incentive public housing units. 770 8O 368 TOTAL REPLACEMENT HOUSING UNITS Minimum number of replacement housing units which must be located within the City of Minneapolis Maximum number of replacement housing units which may be located within the City of Minneapolis Minimum Number In Suburban Locations Maximum Number in Suburban Locations 770 Total Units 770 Total Units 80 Scattered Site Mpls 80 Scattered Site Mpls 368 Northside Replacement 322 Suburban. 690 Suburban 203 Incentive Units 203 Incentive Units 119 Minneapolis Units 48'7 Minneapolis Units 1.7 Incentives/1 Mpls 1 Incentive / 2.4 Mpls These figures represent potential housing unit replacement/location scenarios under the terms of the consent decree. Other replacement/location combinations may result from the implementation of the consent decree. Revised 06/07/95 ~[__]~ : : APTS./ SUMNER / OLSON (PUBLIC HOUSING) SUBSIDIZED SOCIAL ------o m HOUSING/ M.P.H.A. OFFICES ~--~. GLEN'WOOD I LYNDAL~ - LIGHT IN~'"~'TRI~L AREA IMMEDIATE CONTEXT SUMMARY DIAGRAM The physical conditions of these areas and their effects on Surnner-Glenwood and the greater neighborhood must be addressed as part of this study. - 0 o z z 0¥' Z~ I-I'1 m 3:30 ['1'1 o: i"§' z 0 ,'- ~D r- - 0 m~ ':::::~ ..... :?:i!ili::iii ~::i!i~!::i::i '-" ===================== ' -.-:e:.:.: , ~. i ...... ~ ..... :.i::i::iliii::i ::i::i::iI!::i::i .~. ~ , SUMMARY OF COUNCIL OBLIGATIONS The Council will contribute $100,000 toward settlement-related housing mobility counseling. The Council will fund $50,000 and HUD will fund $100,000 to provide housing counseling services under the Council's HomeChoice~m program. The MPHA will work with the Council to recruit Section 8 landlords. The Council will convene a work group and will provide staff assistance and direction to enable the work group to examine funding and operational issues and make recommendations forimplementing the housing clearinghouse network. The Council will coordinate certain housing planning documents on a metropolitan-wide basis. The Council will: (1) identify unmet needs for affordable housing; (2) develop community indices to encourage housing development; and (3) assist in coordinating metropolitan area strategies to achieve a metropolitan distribution of hffordable housing. HUD will provide a consultant ($150,000) to perform work related to these activities. The Council may undertake housing policy activities to assist local governments meet affordable housing needs. The Council's planning activities may include: (1) a housing profile; (2) an analysis and report on the housing profile; (3) an index of selected variable to establish a norm and communities' relationship to the norm; and (4) a review/analysis of the barriers to lower-cost housing. The Council's housing policy analyses, may be incorporated into other appropriate Council policy wbrk and may be applied to appropriate Council funding decisions regarding regional wastewater and transportation facilities. The Council will redraft its comprehensive review guidelines and when appropriate conduct negotiations with affected units of government to determine the steps necessary to facilitate lifecycle and affordable ,housing. The Council will prepare affordable housing comments to major facility reviews and may undertake work related to recommendations on the rehabilitation and redevelopment process after completing the "Morrison study." · The Council will maintain certain data on its assisted housing program. housing in nonconcentrated areas outside blanket exception rent areas, where special circumstances may exist. 4. Voucher Payment Standards. 79. The MPHA has undertaken the analysis necessary to adjust its voucher payment standard and will apply to HUD for an increase in the voucher payment standard to 100% of FMP,.s within 30 days. of signing of this Decree by the parties.: HUD will promptly review the application, and will approve the increase unless the application fails to meet applicable statutes or regulations. MPHA will review its voucher payment standard on an annual basis to ensure that the voucher payment standard is sufficiently high so as to enable class members holding vouchers to exercise a wide choice of available units in nonconcentrated areas. 5. Provision Of Services. 80. To the extent the MPHA Housing Mobility Counseling Program provided for herein is unable to provide services to class members with either mobility certificates or regular certificates or vouchers who are seeking to move, MPHA shall ensure that services are provided to said clasi members as required by statutes and regulations generally applicable to the Section 8 Program. FAIR HOUSING MOBILITY CLEARINGHOUSE/NETWORK 81. MPHA agrees to fund, as set out in the next sentence, a Metropolitan Area-wide housing mobility. Clearinghouse?Network designed to maximize access to existing low-income housing, particularly for central ciD' residents of minor/w- and poverty-concentrated areas least likely to otherwise apply for housing throughout the Metropolitan Area. MPHA shall Page 30 provide $500,000 per yea,- for five years fi.om its Comprehensive Crrant funds to the Clearinghouse/Network for use in connection w/th assisting and establishing mechanisms and procedures to assist public housing residents and applicants to obtain housing. 82. The parties agree to jointly develop this housing mobility Clearinghouse/ Network which, tlu'ough intergovernmental cooperation and coordination and contracting with nonprofit entities, would: a. plan, establish, and coordinate procedures for implementing a coordinated or consolidated subsidized housing application process an~or waiting list. bo provide information on Metropolitan Area-wide housing oppommities to all low-income applicants for federal housing programs; Co coordinate metropolkan-wide landlord recruitment for the Section 8 program; and $3. do provide information to Iow-income families seeking affordable housing and information and coordination to the current network of home-finding assistance providers to maximize access by low-income families to existing affordable housing and homeownership opporumities, especially those located in non-concentrated areas. The Clearinghouse/Network activities would be coordinated with housing counseling services for Section 8 recipients described above, although these housing counseling services would not necessarily be carried out by the Clearinghouse/Network. 84. In developing and implementing the Clearinghouse/Network, the parties will involve social service agencies, private owners of low-income housing projects, and non-party government agencies such as the Minnesota Housing Finance Agency (MHFA) (with its oversight over pr/vately owned Section 8 projects) and Hermepin County..- Within 60 days of entry of the Decree, the Metropolitan Council will convene a working group consisting:Of Page 31 representatives of the parties, governmental entities, housing and social service agencies, and other appropriate providers. The working group will examine funding and operational issues and make recommendations for implementing the Clearinghouse/Network. ~The Metropolitan Council will provide staff assistance and direction as needed to enable the working group to complete the planning and development of the Clearinghouse/Network. The Clearinghouse/Network will begin operation within one year of entry of the Decroe. 85. After receiving notice from the parties that operation of the Clearinghouse/Network is imminent, HUD shall promptly notify all current owners of HUD-assisted housing in the Metropolitan Area of the existence of the Clearinghouse/Network established herein and encourage them to participate in the Clearinghouse/Network's activities. AFFIRMATIVELY FURTHERING FAIR HOUSING: SYSTEMS TO ANALYZE AND OVERCOME IMPEDIMENTS TO METRO WIDE FAIR HOUSING AND LOCATIONAL CHOICE A. Housing Planning Documents. 86. With respect to Consolidated Plan Submissions of Metropolitan Area local governmental units to HUD, HUD shall require each jurisdiction to submit a certification that itt will affirmatively further fair housing, which means it will conduct an analysis to identify :2 impediments to fair housing choice ~within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. The analysis of impediments that the local governmental units certify to conduct shall include identifying their policies which affect opportunities of Page 32 Metropolitan Livable Communities Act DRAFT SUMMARY (6/13/95) The Metropolitan Livable Communities Act is landmark legislation that addresses some of the most pressing issues facing the region; polluted sites, a shortage of affordable housing and impoverished neighborhoods. The Livable Communities Act will do a number of things to support the overall health and stability of the Twin Cities region. It will contribute to the economic well-being of the central cities and older suburbs by providing much-needed dollars to clean up polluted land, making more land available for economic development and job growth. The new law will expand housing opportunities for low- and moderate-income families and revitalize communities. It will provide opportunities for metro-area communities to be creative about development and redevelopment initiatives by supporting demonstration projects that encourage higher population densities, greater housing choice and efficient use of transit and other existing resources. To pay for the program, the Legislature has created the Metropolitan Livable Communities Fund, made up of three separate accounts that will be administered by the Metropolitan Council. Metro-area cities and towns will be able to use their own locally-generated dollars to create more affordable housing for residents living on low incomes, as well as residents at all stages of life, including young families, single people and the elderly. The legislation makes grants and loans available to support local efforts to provide affordable housing and to make communities more "livable." The Livable Communities Act emphasizes community cooperation and incentives to achieve regional housing goals, as opposed to state and regional mandates that impose penalties and hardships on communities. It closely parallels the Council's Regional Blueprint by encouraging communities to include housing diversity and choice among their primary objectives and giving priority for financial investments to communities that choose to participate. (Page 1) DRAFT Cleaning up polluted sites: The Tax Base Revitalization Account The new law creates an account for grants to help cities, towns and counties pay for clean up of polluted land in the metro area. It would also give a boost to the urban tax base by making more land available for commercial and industrial development. Some of the money to fund the clean up program would come from revenues from the Right-of-Way Acquisition Loan Fund (RALF) levy, which the Council assesses to help local governments purchase rights-of-way needed to build roads. Amounts over and above what is needed for right-of-way acquisitions will go into the tax base revitalization account. Estimated dollars available: $1.8 million/yr. Other dollars for this fund will come from a portion of the fiscal disparities pool, which is currently being tapped to pay the interest on bonds sold to finance highway improvements around the Mall of America in Bloomington. Estimated dollars available: $4.7 million/yr. Municipalities must participate in the local housing incentives program to be eligible for funding, and they may use grants from the tax base revitalization account as a local match for clean up funds from the Department of Trade and Economic Development. Making communities livable: The Livable Communities Demonstration Account The second program in the new law makes loans and grants available to cities, towns and counties that embark on demonstration projects to make their communities more "livable" and participate in the local housing incentives program. The Council, with the help of an advisory committee, will set criteria for determining which projects qualify for funding, based on guidelines provided in the legislation. Demonstration projects eligible for funding, for example, must foster more compact development, housing diversity and development within close proximity to transit and other existing services. (Page 2) DRAFT To create the fund, the new law authorizes the Council to levy a tax up to 50 percent of the current Metropolitan Mosquito Control District's levy. In addition, the account will receive an annual Homestead and Agricultural Credit Aid (HACA) payment equal to 50 percent of what the Mosquito Control District receives. Estimated dollars available: $4.6 million/yr. ($500,000 will be transferred from this account into the local housing incentives account each year, beginning in 1997). Toward more affordable housing: The Local Housing Incentives Program By making grants available to municipalities that work toward affordable and life- cycle housing goals, the local housing incentives account creates incentives for metro-area cities and towns to expand housing opportunities for low-and moderate-income families. The Metropolitan Council negotiates housing goals with each participating municipality. Participation in the program is voluntary. The local housing incentives program establishes two separate funding accounts. One, the affordable and life-cycle housing opportunities amount, allows cities and towns to generate and spend dollars on affordable and life-cycle housing within their own communities. The second account provides dollars the Council will administer throughout the region to help communities reach their affordable and life-cycle housing goals. This is the local housing incentives account. Affordable and life-cycle housing opportunities amount: The law requires participating municipalities to use a portion of the property taxes from high-value homes to create affordable and life-cycle housing within their own communities. These dollars make up a municipality's affordable and life-cycle housing opportunities amount. Revenue generated by municipalities is projected to total an estimated $2.4 million the first year of the program. Participating municipalities that have met negotiated goals may use their locally- generated revenues to maintain existing affordable and life-cycle housing. Participating municipalities that have not already met their housing goals can keep the tax money generated from these high-valued homes to work toward their negotiated housing goals. (Page 3) DRAFT Beginning in 1998, however, participating municipalities that do not meet negotiated housing goals, and have not spent a significant portion of their locally- generated funds to create affordable and life-cycle housing opportunities, must make one of two choices. They must either give dollars from their affordable and life-cycle housing opportunities amount to their city or county housing authority to create affordable and life-cycle housing opportunities within their municipalities. Or, municipalities may choose to give these dollars to the Council's local housing incentives account for use by other municipalities. The law allows neighboring municipalities to work together to provide affordable and life-cycle housing opportunities. It also allows municipalities to participate in the housing program at any time, even if they earlier elected not to. Local housing incentives account: Sources of revenue for the local housing incentives account include: dollars from participating municipalities that choose to contribute revenues from their affordable and life-cycle housing opportunities amount; a one-time, $1 million appropriation from proceeds of solid waste bonds the Council issued; $500,000 per year from the livable communities demonstration account, beginning in 1997; and, beginning in 1998, $1 million a year from the Council's general property tax levy. These sources will generate at least $1.5 million per year, which the Council will use to support local housing initiatives. Municipalities eligible to receive grants from the housing incentives account are those that have not met their affordable and life-cycle housing goals, but are actively funding projects to meet those goals. To receive funding from the account, these communities must provide local matching dollars. Municipalities that participate in the housing program may receive grants and loans from any of the three accounts. Those that choose not to participate may not receive funds from any of the three accounts, nor may they receive state grants to help clean up contaminated sites. In addition, the Council may consider a municipality's participation in the housing program when making decisions about funding regional investments. (Page 4) DRAFT Progress report: The Metropolitan Livable Communities Act requires the Council, beginning Nov. 15, 1996, to issue an annual city-by-city report card on affordable and life-cycle housing in the metro area. The Council must also report to the Legislature on the probable development patterns in and affecting the metro area to the year 2020. In a review already underway, the Council is evaluating the possible impacts of future growth on the region, examining scenarios that include the present course of growth, as well as growth and development that is managed and directed by regional policies to ensure greater cost efficiencies through compact and efficient development. The new law also requires the Metropolitan Council and Minnesota Housing Finance Agency (MHFA) to work together to identify priorities for funding housing projects that support economic development efforts. Urban homestead program: Other provisions in the new law create an urban homestead program that gives income tax exemptions to people who move into homes in certain declining neighborhoods within the metro area. The law requires the Council to designate one or more "urban revitalization and stabilization zones" by September 1995. Anyone who buys and occupies a home within a designated area would receive an income tax break for up to five years, provided they do not move out of the home, sell the house, fail to comply with building codes or get convicted of a felony. The maximum exemption for married joint filers is $15,000; $10,000 for single filers and $12,500 for head of household, single parent filers. The exemption is subject to income limits and phases out for filers with incomes that exceed statutory limits. (Page 5) METROPOLITAN LIVABLE COMMUNITIES FUND Purpose: The purpose of the Act is to create incentives to: (1) promote and preserve living wage jobs in the fully developed area, (2) include a full range of housing opportunities in the developing area, (3) preserve and rehabilitate affordable housing in the fully developed area, and (4) promote compact and efficient development in all communities. Tax Base Revitalization Account Fundin~ Source: RAJ,F, Fiscal Disparities - $6.5 million Purpose: Grants for contaminated Sites Clean-up, matching funds for DTED polluted sites grants. EliRibility: Must participate in the Local Housing Incentives Program. Counties, cities and towns eligible to apply. Criteria: (1) highest return in public benefits, (2) that encourage commercial and industrial development that will lead to the growth and preservation of living wage jobs, (3) enhance the tax base of the recipient municipality. Livable Communities Demonstration Account 50% of Mosquito Control Levy and 50% of HACA - $4.1 million* Grants and loans for projects that foster more compact development, housing diversity and development within close proximity to transit and other services. Must participate in the Local Housing Incentives Program. Counties, cities and towns eligible to apply. The extent to which projects meet the purpose of the account. Criteria to be established. Local Housing Incentives Account Solid Waste bond proceeds- $1 million, Met Council operating levy- $1 million per year beginning in 1998, *$500,000 from Livable Demonstration Account and distributions from certain municipalities - $1.5 million Grants, to be matched dollar for dollar by the municpality, to create affordable and life-cycle housing. Municipality that elect to participate must negotiate housing goals and levy their Affordable and Life-cycle Housing Opportunities Amount (ALHOA). Cities and town eligible to apply. (1) have not met goals (2) actively funding projects to meet goals (3) $200/HH net fiscal disparities contribution (4) link jobs and housing (5) provide match from sources other than ALHOA funds. Rs,~aed 6/13A).,¢ ll:30 am DATE SEPTEMBER 1, 1995 NOVEMBER 15, 1995 JANUARY 15, 1996 JANUARY 15, 1996 FEBRUARY 1, 1996 JUNE30,1996 AUGUST 1, 1996 NOVEMBER 15, 1996 JANUARY 1, 1998 JANUARY 15,1998 FEBRUARY 15, 1998 LIVABLE COMMUNITIES ACT: MILESTONES ACTIVITY METROPOLITAN COUNCIL DESIGNATES ONE OR MORE URBAN REVITALIZATION AND STABILIZATION ZONES MUNICIPALITY ELECTS TO PARTICIPATE IN LOCAL HOUSING INCENTIVES ACCOUNT METROPOLITAN COUNCIL ADOPTS NEGOTIATED AFFORDABLE AND LIFE- CYCLE HOUSING GOALS METROPOLITAN COUNCIL SUBMITS 2020 REPORT TO TI-IE LEGISLATURE COUNCIL REPORT TO LEGISLATURE ON MUNICIPALITIES THAT ELECT, AND DO NOT ELECT TO PARTICIPATE. MUNICIPALITIES REPORT ON ACTIONS THEY WILL TAKE TO MEET HOUSING GOALS METROPOLITAN COUNCIL NOTIFIES MUNICIPALITIES OF AFFORDABLE AND LIFE-CYCLE HOUSING OPPORTUNITIES AMOUNT FOR FY1997 METROPOLITAN COUNCIL SUBMITS COMPREHENSIVE AFFORDABLE AND LIFE-CYCLE HOUSING REPORT TO THE LEGISLATURE METROPOLITAN COUNCIL SUBMITS INITIAL REPORT ON URBAN HOMESTEADING TO LEGISLATURE MUNICIPALITIES REPORT TO METROPOLITAN COUNCIL HOW ALHOA SPENT METROPOLITAN COUNCIL DETERMINES WHETHER MUNICIPALITY HAS MET HOUSING GOALS JANUARY 1, 2000 JANUARY 1, 2003 JANUARY 15, 2003 METROPOLITAN COUNCIL FULL REPORT ON URBAN HOMESTEADING TO LEGISLATURE METROPOLITAN COUNCIL FULL REPORT ON URBAN HOMESTEADING TO LEGISLATURE METROPOLITAN COUNCIL SUBMITS REPORT EVALUATING LIVABLE COMMUNITIES ACT aseociat[gn of metropolitan munici'palitiee DATE: June 14, 1995 BULLETIN JUN : 4 1995 TO: Mayors, Managers/Administrators, Legislative Contacts FROM: Veto Peterson, Roger Peterson, Cheryl Budewitz 1995 Legislative Summary Enclosed is a Policy Narrative and Policy Success Report which provide a summary wrap- up of the 1995 Legislative Session and the issues affecting AMM cities. Approximately two-thirds of all AMM policy was either fully or partially accomplished during the session. Of the 64 total AMM action policies: 33 were passed or upheld fully (52%); · 8 were partially accomplished (13%); 17 were not discussed or the issue did not pass the f'u'st committee (2 7%); · 6 failed (9%). 3490 lexington avenue north, st. paul, minnesota 55126 (612) 490-3301 association of metropolitan municipalities 1995 Legislative Session CONTENTS I. METROPOLITAN LIVABLE coMMUNITIF~S ACT ........................................ 1 Tax Base Revitalization Fund (1) Livable Communities Demonstration Account (1) Local Housing Incentives Account (3) Met Council Reports (4) Miscellaneous Provisions (4) IL OMNIBUS TAX BILL .......................................................................................... 4 Local Government Aid & Homestead Credit Aid (4) Aid Distribution & Service Delivery Study (4) Board of Government Innovation (5) Class Rate Change (5) Transit Zone C/I Tax Rate - Metro Area (5) Property Tax Refund as Deduction on Tax Statement (6) HI. TAX INCREMENT FINANCING (TIF)* .......................................................... 6 LGA/HACA Penalty Option (6) Soils Condition District (7) Hazardous Substance Subdistrict (7) Pooling (8) But For Test (8) Annual Disclosure - Reporting & Enforcement (8) Clean-up Cost Recovery - Extension of District (9) Economic Development Districts (9) Parcels not Included in Districts (9) Special Laws (10) IV. TRANSPORTATION ......................................................................................... 10 Highways (10) Transit (10) Noise Regulations (10) V. METROPOLITAN LAND PLANNING ACT .................................................... 11 VI. ZONING ISSUES - PROCESS TIME ............................................................... 12 VII. 800 MHz RADIO SYSTEM .............................................................................. 13 VIH, ECONOMIC DEVELOPMENT & HOUSING FINANCE* ........................ 14 Development of Trade~Economic Development (DTED): Budget (14) Department of Economic Security: Budget (15) Minnesota Housing Finance Agency (MHFA): Budget (15) IX. ISSUES NOT PASSED IN 1995 ........................................................................ 16 Housing as a Regional System (16) Codification of Regional Blueprint (16) Land Stewardship Land Use Planning Bill (16) Direct Election of Met Council Members (16) Property Tax Rate Freeze (16) Municipal Bond Interest Taxation (17) Beg for Your LGA/HACA (17) School Property Tax Constitutional Amendment (17) Municipal Tort Liability Increase (17) Gas Tax & Transit Funding (17) * Special thanks to Publicorp, Inc.,for its summary contributions. (I) METROPOLITAN LIVABLE COMMUNITIES ACT ($.F. 1019, Laws 1995, Chapter 255) This act establishes the Metropolitan Livable Communities Fund under the jurisdiction of the Metropolitan Council. Under the act, three separate accounts or programs are established with each account having specific purposes and specific revenue sources. (Please see graphic On page 2) City participation is voluntary. However, if a city does not participate in the Local Housing Incentives Account, it is not eligible for funds from the three accounts or the pollution clean-up fund, which is administered by the Department of Trade and Economic Development (DTED). The Met Council will establish criteria and guidelines for the Livable Communities Fund and the grants and loans process, as well as an annual plan for distribution of the funds and an annual usage report. Tax Base Revitalization Fund Grants for polluted land clean-up will be issued in thc metro area. 'The Met Council will set priorities for the use of the funds if there are a great number of requests. Grants will be awarded for qualified sites that provide the highest return in public benefits. No more than half of the funds can go to a single city and no more than 75 percent to projects in first-class cities. Cities may use the grants for the local match requirements for projects funded under the DTED contamination clean-up grant program. The local match payment is reduced to 12 percent (was 18 percent) of the clean-up costs. Livable. Communities Demonstration Account The Met Council may levy a property tax equal to 50 percent of the Metropolitan Mosquito Control District (MMCD) levy for taxes payable in 1995, indexed for market growth. The account will receive an annual HACA payment equal to 50 percent of the current MMCD HACA payment. Grants and loans will be provided to participating cities for projects that meet specific guidelines. The projects should: Interrelate development or redevelopment and transit; · Interrelate affordable housing and employment oppommities; · Interrelate development or redevelopment that mixes incomes of residents; · Intensify land use that leads to more compact development; · Encourage public infrastructure investments which connect urban neighborhoods and suburban communities, as well as provide project area residents with oppommities for private sector employment. 1995 Policy Narrative Metropolitan L vable Communities Fund I I Tax Base Revitalization Account Livable Communities Demonstration Account I Revenue Source Revenue Source · RightofWay Acquisition Fund · Mega Mallfiscal disparities surcharge · Approx. $5-7 million per year Purpose: Polluted land clean- up for C-1 redevlopment Eligible applicants: · Counties · Citiesparticipating in incentive account HACA payment equal to 5O% of MMCD payment Mosquito Control District levy (50%) Approx. $4.5 million per year for grants/ loans Purpose: Develop incentives to implement Council's policies and act Eligible applicants: · Participating cities Local Housing Incentive Account Revenue Source Local tax levy based on portion of home stead base Council bond proceeds and levy $1.5 million per year in matching grants Purpose: Expand affordable housing in cities Cities negotiate with Council for housing goals 2 1995 Policy Narrative Local Housing Incentives. Account A city has until November 15 of each year to decide to participate or not. If a city does elect to paiticipate, it is eligible to receive grants and loans for pollution clean-up and demonstration projects, as well as matching funds from the local housing incentives account. The Met Council may give co, nsideration to a city's participation in the local hot/sing incentives program when mal~ng discretionary funding decisions. The following is an outline of the process once a city opts to participate: - (1) January 15, 1996. City negotiates affordable and life cycle housing goals (2) July 1, 1996. City develops an action p.lan. (3) July 1 of each year. County calculates municipality market value base amount and funds available for the local housing incentives account. (4) Met Council notifies city of its affordable and life-cycle housing oppommifies amount. The amount is the lesser of the following: · Four percent of the residential homestead value x local tax rate; Residential homestead value in excess of the market value base amount (2 times average) x local tax rate. (5) City uses local funds and available Met Council funds to meet its goals. (6) If a city has not met its goal and not spent 85 percent of its affordable and life cycle housing opportunities amount in the previous year by 1998, it may: · Distribute the funds to the Met Council to put in the local initiatives account; · Distribute the funds to the city or county HRA to create housing oppommities; · City may join together with adjacent cities to provide housing oppommities. Cities must match the Met Council funds dollar-by-dollar. The Met Council must give priority to cities that: · Receive less from fiscal disparities than it contributes by more than $200 per household; · Demonstrate that the project will link jobs to housing; · Provide matching funds from sources other than the affordable and life-cycle opportunities amount. If a city elects not to participate for some years, but then elects to participate, the municipality must establish what it agrees to spend on affordable and life-cycle housing, or agree to distribute to the local housing incentives account. 1995 Policy Narrative 3 This amount is equivalent to what it would have spent on affordable and life-cycle housing had goals been established under this section for the period in which it was not participating. The Met Council will determine which investments count toward the required cumulative amount by comparing the municipality to participating municipalities similar in terms of stage of development and demographics. Met Council Reports The Met Council must file an annual report with the Legislature outlining the participating and non-participating cities, as well as an annual comprehensive report card on affordable and life-cycle housing in the metro area by city. In addition, a report must be fried with the Legislature by Jan. 15, 2003 which includes the funds accounts and how they were used. Another report must be filed by Jan 15, 1996 describing the probable development patterns in the metro area by the year 2020. Miscellaneous Provisions The starting time for the city of Bloomington to begin repaying the fiscal disparities pool for interest on highway bonds sold in conjunction with the Mall of America is delayed. Also, the 1:1 housing replacement of low income housing for first-class cities is repealed. An urban homesteading program is established to encourage higher income persons to buy homes in areas that are in transition toward blight and poverty. Income tax benefits will also be provided to eligible persons. (11) OMNIBUS TAX BILL (H~. 1864, Laws 1995, Chapter 264) Local Government Aid/Homestead Credit Aid (Article 8, Section 15) Homestead and Agricultural Credit Aid (HACA) was reduced by $16 million in 1996 for cities, counties, towns and special districts. The city share of the reduction is slightly less than $8 million. The cut is for 1996 only and the HACA will be restored in 1997 unless the Legislature acts next year to make the cut permanent. The reduction is limited within individual cities to .45% of the 1995 net tax capacity, which will benefit a few very property-poor cities. Aid Distribution and Service Delivery Study (Article 8, Section 22) The Legislative Commission on Planning and Fiscal Policy is directed to establish a subcommittee by July 1, 1995 to study: (1) Alternative methods of distributing general-purpose aids to units of local govemment. (2) Approaches to maximizing the efficiency and effectiveness of local government and service delivery. 1995 Policy Narrative Cities and counties shall provide information and analysis as requested within 60 days of the request. If the city or county fails to comply, thc subcommittee may recommend that the Legislature impose a financial penalty. :The subcommittee report is due Feb. 1, 1996 and will make recommendations for reform in aid distribution and government service delivery systems. Ironically, this provision creates an unfunded mandate with thc threat of a penalty to supply unspocified data and analysis. Whereas Sections 2 and 23 create a major study of unfunded mandates and their necessity! Board of Government Innovation. (Article 8, Sections 2 & 23) Of the HACA cut, $2 million is allocated for the Board of Government Innovation and Cooperation for 1996 and 1997. Fifty percent of the funds go for aids to cooperating and combining local government units. The remainder is for general grants. A number of changes were made to the application and grant process to ensure that grant funds are needed and not merely replacements for another existing resource. Finally, the board is directed to do a major assessment and study of unfunded state mandates, their impact, inconsistencies or contradictions and relevancy. A report with recommendations is due lan. 15, 1996. Class Rate Change (Article 3, Section 10) Three property class rates were changed. They will have a small impact and will only create minor property tax shifts: (1) Seasonal Recreation Property - Non-commercial: For taxable value under $72,000, the rate changes from 2% to 1.9% for taxes payable in 1997 and 1.8% in 1998. The value in excess of $72,000 remains at 2.5%. (2) Manufactured Home Parks: The class rate will remain at 2% for 1996 and thereafter, rather than increasing to 2.3%. (3) Certain Apartment Prop.erty: Class rates for apartments in cities with populations of less than 5000 that are outside the seven-county metro area or the nine contiguous counties and that are more than 15 miles from a city with a population over 5000, will be ,reduced to 2.3% from 3.4% for taxes payable in 1996 and thereafter. Transit Zone C/I Tax Rate - Metro Area (Article 3, Sections 9 & 27) Provides that a transit zone is the area within one-quarter mile of a bus route which has certain specified hours of service within the metro urban service area. If construction funds are committed to a light rail transit route, that route shall be considered to be a transit zone. 1995 Policy Narrative 5 Also provides that the Met Council is responsible for maintaining a detailed map of transit zones and providing the mapto all assessors in the metro area. The initial maps will be produced by Jan. 1, 1996. Any class 3A commercial/industrial structure, constructed under an initial building permit issued after Jan. 2, 1996, located in a transit zone and within a school district, and not primarily used for retail or transient lodging purposes, shall have a four percent class rate on its market value in excess of $100,000. (The current class rate on that property is 4.6%.) The four percent rate shall also apply to any new improvements added under an initial building permit issued after Jan. 2, 1996, to an existing qualified commercial/industrial structure located in a transit zone. These changes are effective for the 1997 assessment, taxes payable in 1998. Property Tax Refund as Deduction on Tax Statement (Article 4) The regular circuit breaker and special targeting property tax refunds for homeowners will be deducted on the taxation notices. Money will be paid by the state directly to county treasurers and be a permanent open appropriation. 1998 is the first year of the new payment method, with 1997 as a transition year. (III) TAX INCREMENT FINANCING (TIF) (HAY. 1864, Laws 1995, Chapter 264) The Omnibus Tax bill includes an economic development article (Article 5) that contains several TIF amendments. The amendments include: LGA & HACA Penalty Option A major issue surrounding the legislative TIF discussion has been the issue of local accountability. The imposition of the LGA/HACA penalty has been viewed as a means to illustrate local and state f'mancial impacts of TIF. The Legislature has been reluctant to grant exemptions from LGA/HACA without imposing such measures as a local share, a housing development requirement or county board approval of district. The 1995 Legislature adopted a provision that permits a city to choose to pay a local share for a portion of the district costs. The details of the local share are the following: · The amount of the local contribution must be made out of unrestricted money (general fund, tax levy, or a federal or a state grant of authority or municipality); · The local contribution may not be made, directly or indirectly, with TIF or developer payments; · The local contribution must be used to pay project costs and cannot be used for: (1) general government purposes; (2) Improvements or costs that the municipality planned to incur. 6 1995 Policy Narrative · The municipality or authority may request contributions from the other local government entities that will benefit from the district's activities. The contributions "count toward the local share. · If the state contributes to the project costs through a direct grant or similar incentive, the required local contribution is .reduced by 50% of the amount of the grant or incentive. · The authority must annually submit a report regarding its local share to the commissioner of revenue. The amount of the local match is based on the type of the district. The authority or municipality must: · Elect at the time of district approval to use the option, · In each year make a qualifying contribution equal to: (1) About 10% of the increment for an economic development, housing or renewal and renovation district. (2) About 7 1/2% of the increment for a mined underground space district, redevelopment district, hazardous substance subdistrict or soils district. The maximum contribution for all districts in the municipality is 2% of the city's net tax capacity. The local option is effective for new districts and those certified after June 30, 1994. The city must choose for districts certified prior to July 1, 1995, if it will use the option or pay the penalty. The choice must be made by Dec. 31, 1995. Soils Condition District The soils district has been amended to limit the district to the presence of hazardous substance, pollution or contaminants that require removal or remedial action. Tax increment from the district may be used only to: (1) Acquire parcels; (2) Pay for the cost of removal or remedial action; (3) Pay for administrative costs, including the action response preparation costs. Hazardous Substance Subdistrict A hazardous substance subdistfict is defined in the definition section by a cross-reference to the references in 469.175 subdivision 7. An extended subdistrict is defined to be a hazardous substance subdistrict, but only after the overlying TIF district has been terminated. ~1995 Policy Narrative 7 The definition of captured value in a hazardous substance subdistfict and not an extended subdistrict is the amount by which the original net tax capacity of the portion of TIF district overlying the subdistrict exceeds the original net tax capacity of the subdistrict. In other words, during the dual district period, the captured value is the difference between the base values. Pooling The amount of an increment that can be expended outside a non-redevelopment district is reduced to 20%. The new percentage will apply to districts for which the request for certification was made after June 30, 1995. But For Test The "but for test" has been expanded to include a market value analysis. The analysis must show that the market value of the site attribution to development not receiving TIF assistance would be less than the increase on market value estimated to result from the proposed TIF development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the plan. The market value test does not apply to qualified housing districts. Annual Disclosure- Reporting & Enforcement The amendments regarding annual disclosure reporting, as well as enforcement of the act, transfer duties and responsibilities from the Department of Revenue to the state auditor. The major components of the amendments are: · The annual disclosure statement must report the mount of the increment paid to other government bodies, the amount paid for administrative costs, and the amount of the increment spent outside the district. If option (a) is selected for fiscal disparities, the report must indicate the amount of the property tax increase. · The annual f'mancial report must include the amount budgeted and expended for the following additional categories: (1) Parking facilities, streets, roads, sidewalks; (2) Public park facilities, facilities for social, recreational or conference facilities. The reporting requirements are extended to pre-1979 districts. In addition to the individual district reports, the city must report to the state auditor for the entire municipality the following: (1) Amount of any payments and the value of in-kind benefits, such as physical improvements and the use of building space that are financed with TIF and are provided to another governmental unit during the preceding calendar year. 1995 Policy Narrative Clean-up Cost Recovery- Extension of District An authority may, with thc approval of thc municipality, extend thc duratior/'of thc di.~trict beyond the statutory limits' ' " if the following c~reumstanees apply: · After the district's establishment, contaminants, hazard substances or other materials are found in thc district; · The authority elects not to create a hazardous substance subdistrict; · The municipality pays for clean-up from the general fund or other non-TIF revenue. If the district qualifies under the three factors, the district can extend the duration the lesser off (1) Ten years after the district would otherwise terminate; (2) The number of additional years needed to collect increment equal to the clean-up costs paid by the municipality. Clean-up costs are: (1) Limited to actual costs of removal and rcmediation. Clean-up costs do not include: (1) Financing or interest costs; (2) Testing and engineering costs. Clean-up costs must be reduced by any amounts recovered form private or responsible parties. Economic Development Districts The provision that permits a small city (5,000 population or less) to establish a commercial facility with an economic development district has been eliminated. An economic development district for which certification is requested after June 30, 1995, may expend increment to pay for site preparation and public improvements if: · Eighty percent or more of the district's area includes bedrock; · The estimated cost of the physical preparation of the site exceeds the land's fair market value prior to completion of the preparation; · The increment is only used to prepare the site and pay reasonable administrative costs. Parcels Not InCluded in Districts The "20 year" exclusion regarding parcels formerly in an economic development district has been deleted from the act. The section, however, has been amended to prohibit parcels classified under the green acres or agricultural preserves provision from being included in TIF districts. ~1995 Policy Narrative 9 The amendment differentiates by regions of the state-metropolitan and Greater Minnesota. The amendments state that a parcel cannot be part of a district if during any of the prior five years, it was classified under chapter 273.111 or 273.112 (Green ACres) or Chapter 473H (Agricultural Preserves). In Greater Minnesota, the prohibition does not apply if the parcel will be used for manufacturing purposes. Special Laws A general law amendment regarding special laws that extend the duration of a district is beyond statutory terms in the TIF amendments. If a special law extends the limits of an existing district or a new district, the city must: · Elect to pay the LGA/HACA penalty for the additional years or request the school district to approve the adjusted tax capacity. (Adjusted tax capacity means that the district's captured value is used in calculating the school aid formula. Therefore, the school district would receive less state aid and more revenue locally). · Request approval of the county board and school district of the local law. The election must be made prior to requesting local approvals. (IV) TRANSPORTATION (Laws 1995, Chapter 265) Highways No changes were made to highway funding and there are no additional gas taxes or increased fees. Mn/Dot was appropriated $2,584,427,000. There is a shortage of funds. Transit Transit funding was increased significantly from last biennium but not to the level needed to stay even with service demands. The biennium funding for general transit and metro mobility was $84 million. This is up from $69 billion in the last biennium but down from the $93 million requested or the $89 million budget allocation by the governor. An interesting twist is the Met Council is authorized to spend at a $90 million level the first year of the biennium. This may present an interesting dilemma during the 1996 session, since a sizable supplemental appropriation will be needed to keep transit afloat in F.Y. 1997. Noise Regulations The law provides that no noise standards shall apply to an existing or newly constructed segment of a highway, provided that all reasonably available noise mitigation measures, as approved by the commissioners of the Department of Transportation and Pollution Control Agency, are employed to abate noise. 10 1995 Policy Narrative This language basically resolves problems encountered, by city, county and state road construction noise, as~well as potentialnoise-based lawsuits involving highway construction projects. Mn/Dot is required t}) conduct a study of noise barrier needs and report back to the Legislature in 1996. (V) METROPOLITAN LAND PLANNING ACT (HAY. 833, Laws 1995, Chapter 176) This chapter amends several provisions of the Metropolitan Land Planning Act, which was first adopted in 1976. They are the first si~ificant amendments to the act since its adoption. This bill was sponsored by the Met Council and its major elements are: (1) Incorporation of Water Management'Plans. Water management plans prepared by cities pursuant to MS 103B.235 must be incorporated into the land use plan section of a comprehensive plan and be submitted to the Met Council for review and comment. Formerly, these plans were submitted to Water Management Organizations (WMOs) only. (2) Ten-year Review of Comp Plans. Metro area units of government must review and, as necessary, amend their comprehensive plans by Dec. 31, 1998, and at least every 10 years thereafter. Such review and, if necessary, amendment shall ensure that the fiscal devices and local controls are not in conflict with the comp plans. -(3) Merriam Amendment is Repealed. That amendment stated thgt the zoning ordinances' supersede the comp plan if there is a conflict. (4) Holding Zones are Allowed. An official control or fiscal device shall not be considered to be in conflict with a comp plan if such official control or fiscal device is adopted to ensure the planned orderly and staged development of urbanization or redevelopment areas designated in the comp plan. (5) Uniformity of Controls/Fiscal Devices. After August 1, 1995, a city is prohibited from adopting an official control or fiscal device which is in conflict with its plan. (6) Nine Months to Amend Ordinances. After approval and adoption of a revised comp plan, a local government unit has nine months to amend its ordinances (same as current law). (7) Amended Controls go to Met Council for Information. Copies of amended official controls or fiscal devices must be submitted to the Met Council for information (but not approval). 1995 Policy Narrative 1I (8) Extensions May be Granted. The Met Council may grant extensions to the Dec. 31, 1998 deadline in order to allow the local government unit to complete the review and amendments as required by this bill. (9) The key dates of the bill are: A. August 1, 1995 Effective date of bill. After August 1, 1995, local government units shall not adopt official controls which conflict with their comp plans. B. Dec. 31, 1998 Review. By this date and every 10 years thereafter, each local government unit shall review and, if necessary, amend its comp plan. The Met Council may grant extensions to the Dec. 31, 1998 deadline. C. Within nine months Amendment process. Within nine months after local government unit adoption of comp plan (MS 473.865, subdivision 3) if an official control conflicts with a comp plan as a result of an amendment to the plan, the official control shall be amended by the unit within nine months. (10) Assistance Available if Needed. The Met Council must consult with local government units to evaluate the need for technical and financial assistance to implement this bill and report its findings to the Legislature by Jan. 15, 1996. (VI) ZONING ISSUES - PROCESS TIME (Laws 1995, Chapter 248, Article 18) New time limits are established for certain permits and actions by governmental units of the state including local, metro and state agencies. An agency must approve or deny within 60 days a written request relating to zoning, septic systems or expansion of the metro urban service area for a permit, license or other governmental approval of an action. Failure to deny within 60 days constitutes an approval. Denials must be stated in writing with reasons. The 60 days begins upon receipt of a written request containing all information required by law or previously adopted nde, ordinance or policy. An agency has up to 10 days to make a written request for incomplete information. If an action requires approval of more than one state agency in the executive branch, the time period begins for all executive branch agencies when the first agency has received all pertinent data. 12 1995 Policy Narrative The time limit is extended if a state statute, federal law or court order requires a process prior to approval and the time periods for the stated process make it impossible to act in 60 days. Time is cxtended ff prior approval is required by a state or federal agency. Finally, an agency may extend the timeline by providing written notice to the applicant. The notification reasons and anticipated length of extension must be included and may not -exceed 60 days unless approved by the applicant. With agreement by an applicant, a process such as a complex or controversial rezoning can be extended beyond the 60-day time limit. This provision may prevent premature denials by agencies faced with the more difficult actions. The act is effective July 1, 1995 for any applicable request submitted after that date. (VII) 800 MHz RADIO SYSTEM (Laws 1995, Chapter 195) An independent Metropolitan Radio Board is established to supervise and oversee the first-phase planning and implementation of a shared metro-wide radio system. The board will ensure the operation and maintenance of the system in such a way that subsequent phases can be added. Staff will be provided by the Met Council until user fees become available July 1997. The board's plan for the tm'st-phase backbone of the region-wide system must be based on Mn/Dot's recommendations. Mn/Dot is directed to contract for construction or lease of the first phase and is responsible for ownership and operation. The total initial cost is about $30 million. The backbone system will serve Mn/Dot, Metro Transit, metro area highway patrol and possibly the Metropolitan Airports Commission 0VIAC). Counties must do a county-wide plan including cities (which must cooperate). First-class cities will do an individual plan. Participation in the 800 MHz radio system is voluntary. Cities or counties may join at any time. Capital funding includes $10 million in revenue bonds for Public Safety Mutual Aid, $3 million in transit bonds and an agreement that $15 million state bonds will be a high priority for the 1996 state bonding bill. The public safety and operational costs will be paid primarily from up to four cents of the 911 telephone tax. $194,000 was appropriated from state highway funds to secure the necessary radio channels from the FCC and to cover other preliminary costs. 1995 Policy Narrative 13 The radio board consists of 17 members: one elected representative from each of the seven counties, Minneapolis, St. Paul and Bloomington; five governor appointees (based on recommendations by various organizations including two suburban elected officials by AMM, one elected city official by LMC, one metro sheriff and one metro police chief); one Met Council member;, and Mn/Dot's director of Electronic Communications. The board sunsets July 1, 1999. The Legislature will determine if the activity is to be transferred to the Met Council or a state agency. The primary purpose of the shared radio system is to coordinate usage of a dwindling supply of radio channels in the metro region, at a time when demand is growing rapidly. The act is effective Aug. 1, 1995. All of AMM's primary concerns were met: · Cities will not be forced to modify current systems, purchase new equipment prematurely or become part of the metro system until they voluntarily choose. · The system will provide a phased transition so that uninterrupted service is guaranteed · The system will be flexible to allow various local coordinated dispatch and service arrangements. · Governance will be representative of entities and users who will ultimately bear the cost but not dominated by any single user group. (VIII) ECONOMIC DEVELOPMENT & HOUSING FINANCE (Laws 1995, Chapter 224) The Legislature enacted several pieces of legislation relating to economic development. The legislation includes the appropriations bill as well as sections of the bond allocation, state departments, omnibus tax and the public finance bills. The following is a summary of the major components of the various initiatives: Development of Trade/Economic Development (DTED): Budget The agency's budget for the 1995-1997 biennium totals $58.1 million. Of the total, the following appropriations were identified: · Six million for economic recovery grants. This is a one-year appropriation. The program's future will be, in part, determine by a legislative auditor's report that is due during the 1996 session. The appropriation is below the governor's recommendations of $14.0 million in new funds and the agency base level funding. · About $379,000 each year for the small cities federal match. · Approximately $1.9 million each year for the jobs skills parmership program. · About $7.8 million for the biennium for the pollution clean-up program authorized under sections 116J.551 to 116J.558. 14 1995 Policy Narrative · Customized job training grants of $300,000 to the St. Paul Port Authority and $200,000 to the Minneapolis Community Development Agency. · Two million for the continuation of the Community Resources Program (CRP) in Minneapolis, St. Paul and Duluth. Department of Economic Security: Budget The department's total budget if $99.6 million. Of the total, the following appropriations are identified: · Approximately $935,000 each year of the biennium for transitional housing operations. · Three million for 1995, for summer youth employment programs. Minnesota Housing Finance Agency (MHFA): Budget The agency's budget is $47.5 million for the biennium. The budget is $13.5 million above the current biennial budget The agency's budget for each year is $30.1 million for F.Y. 1996 and $17.4 million for F.Y. 1997. The major components of the budget are: (1) An Additional $6 Million for the Affordable Rental Investment Fund. The current biennial appropriation approximates $7 million. The appropriation includes language that directs the agency to work with public and private agencies in the McKnight Foundation regional to establish priority uses for the funds. In addition to the regional priorities, the agency must give preference to economically viable projects in which local governments, employers and the private sector contribute financial assistance. (2) Develop Priorities for Fund Usage. In the metro area, the agency shall collaborate with the Met Council to develop priorities for us of the funds. The Legislature also directed that the MHFA shall give preference to economically viable projects that: · Include local financial contributions; · Consider the availability of public transportation; · Take into account job training efforts in the community; · About $5.8 million for the Community Rehabilitation Program (CRP). Of the CRP appropriation, $250,000 must be used each year for full-cycle home ownership and purchase-rehabilitation lending initiatives. Twenty percent of the CRP must be made available for use in low income neighborhoods of Minneapolis and St. Paul for the home ownership programs. · Approximately $30 million in revenue bond proceeds are available and originate from a pre-1981 bond. For example, the proceeds can be made available for non-first time buyers and income and purchase price limits are not subject to current federal guidelines. The Legislature required the agency to give priority for use of the proceeds to cities that receive a CRP grant. 1995 Policy Narrative 15 · About $1.5 million each year for rent assistance and/or family stabilization. The governor has vetoed $500,000 for lead abatement and $200,000 of a $400,000 appropriation for emergency mortgage foreclosure prevention and emergency rental assistance. (IX) ISSUES NOT PASSED IN 1995 There were several bills of interest or concern that the AMM reported on during this session which did not pass. Technically, these bills are still "alive" and can be considered when the Legislature reconvenes in January. Housing as a Regional System (HJv. 1258 - Hausman; S.F. 1233 - Pappas) This bill as introduced would have made housing a fifth regional system and required the Met Council to establish affordable housing goals for each city. Codification of Regional Blueprint (H~'. 1114 - Entenza; S.F. 1109 - Novak) This bill also would have required the Met Council to establish affordable housing goals and codified into statute portions of the Regional Blueprint. Land Stewardship Land Use Planning Bill (H~F. 779 - O/field; S~. 698 - Morse) This bill virtually froze the MUSA line and established additional requirements for comprehensive plans. It also would have allowed residents throughout the state to bring civil action against the Met Council if local actions were not in compliance with Met Council plans and policies. Direct Election of Met Council Members (H.F. 609 - O/field; S.F. 1107 - Mondale) This bill would have established direct elections of a 16-member Met Council and provided public financing for candidates. Property Tax Freeze The Senate-proposed property tax a~d levy freeze did not become law. The Senate passed the freeze bill (S.F. 1570) and then re-passed it three different times attached to other House files (H.F. 602, 603 and 1864). During the final week of the session, the House leadership agreed to report out a conference report on H.F. 603. However, neither the Senate nor the House leadership could muster more than 15-20 House members to support the bill. The bill never came to a vote on the House floor. 16 1995 Policy Narrative Up to the last week of the session, the governor's staff had insisted he would veto a freeze, but rumor during the last days indicated that if presented with a freeze bill, he would sign it. Municipal Bond Interest Taxation The Hous~ Tax Committee chair Ann Rest pushed to have all state and local bond interest taxable for income purposes. But due to extreme municipal pressure, the issue was dropped. Beg for Your LGA/HACA A House provision by Rep. Dawkins would have required metro area cities to prove they were being efficient and attempting to provide services cooperatively with other units to receive all of their LG/~-IACA. This was tamed into a statewide study by the Legislative Commission on Planning and Fiscal Policy. School Property Tax Constitutional Amendment The House-passed bill to remove schools from the local property tax was not taken up by the Senate. It does not indicate where funds might come from to replace local property tax. About $2 billion of replacement funds would be needed and could come from income, sales or a state-imposed property tax. Although the bill did not pass this year, it may and probably will be reconsidered next year. Municipal Tort Liability Increase An increase to the current $200,000/$600,000 municipal liability 1Lmits was well in its way to passage until it became embroiled in a political battle over joint and several liability language. This issue will be back next year since the current limits have not been adjusted in 10 years. Gas Tax & Transit Funding This was the year (supposedly) for a political agreement to increase the gas tax for highway funding and to provide alternatives and increased funds for metro transit initiatives. It did not happen. The House would not budge until it got a signal from the governor for gas tax support. The signal did not come until the last week of the session and then it was weak at best. The Senate would not do anything for transit until a gas tax increase was agreed upon. 1995 Policy Narrative ]7 0 0 0 "~ 0 ~ Z< Z< CITY OF COLUMBIA HEIGHTS UTILITY BILLING DEPARTMENT NOTICE OF UTILI RATE INCREASE Dear Customer: The City of Columbia Heights purchases all of its water from the City of Minneapolis. All sewage is disposed of through the Metropolitan Council/ Wastewater Services. Due to increased costs from these suppliers, it is necessary for the City of Columbia Heights to increase rates to City residents. This is the first increase in water and sewer rates since March 1992, even though costs have risen over the years. Effective with all billings after July 1, 1995, are the following rates: Residential Water: Sewec $13.20 up to 600 cubic feet; $1.35/100 cubic feet over 600 Based on water consumption. $28.60 up to 2,200 cubic feet; $1.30/100 cubic feet over 2,200 to a maximum charge of $39.00 Commercial/Industrial Water: $13.20 up to 600 cubic feet; $i.35/100 cubic feet over 600 Sewer: Based on water consumption at a rate of $1.30/100 cubic feet Income Eligible Senior Citizens Water: $8.55 up to 600 cubic feet; $1.25/100 cubic feet over 600 Sewer: Based on water consumption. $14.10 up to 2,200 cubic feet; $1.15/100 cubic feet over 2,200 to a maximum charge of $24.50 METER READING AND/OR QUESTIONS??? Call 782-2822 from 8:00 a.m. to 4:45 p.m., Monday - Friday June 13, 1995 a ocJat[.on of metro tan · po!.. mun~apal~he~ To: Chief Administrative Official Re: 1995 Elected Officials Salary Survey Enclosed is a copy of the 1995 Elected Officials Salary survey. Each AMM member City receives one copy free and additional copies may be obtained for $10.00 each. We hope you will find this survey useful information. We sincerely appreciate the time and effort each participating city put forth to make this survey possible. Again, thank you and please call Laurie Audette in our office (612) 490-3301 if you have questions or want additional copies. Sincerely, Veto Peterson Executive Director VP:lla 3490 lexington avenue north, st. paul, minnesota 55126 (612) 490-3301 0 0 · 0 0 0 0 0 0 ~0 0 0 0 0 0 ,-) 0 O0 0 (~l .~ 0 0 O0 ~ 0 "~ ~ 0 '~ 0 0 0 0 0 (~ 0 4( 0 CO 'q' 0 0 0 ~ O,1 ('4 '~ b% (~ '~ ('.,) 0 ~'- 0 o o o (D o ,,~ o o o o o ~ co ~0 ~ o o ~ o o o mi. m~ ~/~ 0~ mi~ ~ 0 t'q o o o o o o o o o o o o o o o~ o o · o ~'~ o o ~ o o o o o o · o o ~ o o o ~ ~0 o o o o o ~ o ~ ~ o ~ ~ o o 0 to o o o o o ~ o o ~ o o ~ o o o ~0 ~0 r,- r~ o · 0 ~0 o o u~ o o 0~ 0~ ~ o o o 0 o c0 o o o ¢~l o¢ o o o o ~ o o o cc o o o o o o o o o o o ¢~ L~ o o o o o o o ~ o o o o ~ ~ ~ o ~ ~ ~ ~ ~ o o ~ ~ ~ ~ ~ ~ ~ ~ ~ o o ~ o I 0 0 0 0 b") 0 0 0 0 0 0 0 (~) 0 (~l ~ 0 0 0 0 0 (~4 ,-( ~-m ~-( ('4 q~) ~ ~c) 0 o4 0 0 0 0 0 tO 0 0 0 0 0 0 ~ CO 0 0 0 0 0 0 0 0 0 0 0 CO 0 bq bq 0 0 0 0 0 04 ,-( ,-( ~q~ ~ ~) ,q~ tO 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 04 (X) O0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IAq 0 0 0 0 0 0 0 0 0 0 0 0 tO 0 0 0 ~ 0 ,~ CO (~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L~ 0 0 0 0 0 0 0 0 0 0 tO 0 0 tO 0 0 0 ~f) 0 r-4 CO ~ m~ ~ 0 0 0 0 0 0 0 0 0 0 0 4( 0 4( 0 tO 0 q:) 0 0 0 0 0 If) 0 0 0 0 0 0 0 O~ 0 tO CO O~ ~0 ~ If) ~ tO et ~ 0 ~0 ~ CO tO ~q~ m~ 0 0 0 ~ 0 0 0 0 0 0 ~ 0 0 0 0 0 0 ~ ~ 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ 0 ~ ~ 0 ~ ~ 0 0 ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 4C 0 0 0 0 0 0 I~ I~ 0 0 0 0 0 0 0 0 0 0 ~ ~ 0 0 0 0 0 ~ ~ ~ ~ o ~ ~ o ~ ~ ~ o ~ ~ o o o ~0 ~ ~ o 0 O~ ~ c~ 0 0 0 0 0 0 0 0 q~ 0 0 0 0 0 0 t~ O4 0 0 (~ O0 0 0 q~ 0 ('q l'~ ~ 0 O0 q~) '~ 0 0 0 0 m~ ~ 0 0 0 ~ 0 0 0 ~ 0 O0 0 0 ,-( 0 ~ 0 q~ q~ b~) 0 0 0 ~ ~ 0 0 0 ~ 0 0 0 ~ 0 0 0 eH 0 ('4 0 tD t~ 0 ~. 0 ~') O0 m~ 0 O0 q~) 0 0 0 0 0 m~ 0 0 0 b~ 0 0 0 ~) 0 0 0 0 ,~ 0 O~ ~ (X) tO ~') 0 0 0 O0 0 0 0 0 ~ 0 0 0 ~ 0 0 0 0 0 0 ~0 0 ~ ~ ~ 0 0 0 ~ 0 0 0 0 ~ 0 0 0 ~ 0 0 ~ 0 0 ~ ~ 0 ~ ~ ~ 0 ~ ~ - . 0 CD 0 ¢'~ 0 0 04 0 0 0 cO 0 0 1~ 0 0 ~ 0 0 04 Rice Creek 3585 LEXINGTON AVENUE NORTH, SUITE ARDEN HILLS, MINNESOTA 55126-8016 June 19, 1995 TELEPHONE (612) 483-0634 Patrick Hentges, Manager City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 Board of Managers Regular Meetings: 2nd and 4th Wednesdays at Shoreview City Hall KATE DREWRY, District Admin. BONITA TORPE, Admin. Assist. Dear Mr. Hentges: In an effort to inform the public about water management issues, the District has been exploring a number of different vehicles for communicating this type of information. It has been suggested that city/township newsletters would be an excellent vehicle because of their broad coverage and generally high level of reader interest. With the assistance of the District's Advisory Committee, we have prepared a series of articles on various water topics, beginning with an introductory article about watershed districts in general and RCWD in particular. We would appreciate your consideration of including these articles as a regular feature of your newsletter. Please give me a call or drop me a note to confirm your interest and let me know your publication schedule. We would also appreciate your adding the District to your mailing list for your newsletter. Thank you /for your assistance. SincerelY, ~ Kate ~rewry / District Administ~n(~or jak . Enclosures (5) cc: File-. City/Town File: Press Releases Correspondence File A: \~S~T. L~ A. J. CARDINAL, SR. ANOKA COUNTY BOARD OF MANAGERS CAROLE V. RYDEN ROBERT M. HU/T BARBARA A. HAAKE RAMSEY COUNTY WASHINGTON COUNTY RAMSEY COUNTY MONTGOMERY WATSON Consulting Engineers 593-9000 · Co-Counsel: HAROtD H. SHEFF ~32-1000, MICHEL[E J~ ULRICH 699-9845 EUGENE L. PETERSON ANOKA COUNTY PROTECTING & MANAGING OUR WATER RESOURCES Article #1 in a Series brought to you by Rice Creek Watershed District 4 An Introduction to the Rice Creek Watershed District 5 6 7 8 9 10 Watershed districts are special-purpose units of government formed under the authority granted by the Minnesota Watershed District Act. Districts are formed to address water resource problems such ms flooding~ soil erosion, sedimentation, storm water runoff and lake water quality. Land use activities have a major impact on water resources and what happens in one location can affect water at other locations great distances away. Because drainage patterns do not adhere to political boundaries, watershed district boundaries follow natural land formations rather than municipal or county lines. 11 12 13 14 15 16 17 18 19 The Rice Creek Watershed District (RCWD) was formed in 1972 to m~n~e and conserve the waters and aquatic resources of the Rice Creek watershed. This watershed is defined as the area from which rainwater ultlm~tely drains to Rice Creek, and its waters and aquatic resources include lakes, streams~ ditches, wetlands, and groundwater. The watershed includes parts of Anoka, P~m.~ey, and Washin~on counties and a .~mAll part of Hennepim The RCWD is governed by a board of five managers appointed by the commi.~ioners of the included counties: two from Anoka, two from Ramsey, and one from Washington. Current Board members are: Andrew J. Cardinal; Sr., of Lino Iaires, Eugene L. Peterson of Blaine, Carole V. Ryden of Shoreview, Barbara .a~ I-lsske of Mounds View, and Robert M. Hult of Forest Lake Township. 20 21 22 23 24 25 26 RCWD is a large district covering 201 square miles. It has roughly the shape of an "A", with Forest Lake Township at the top of the "A", Fridley and Columbia Heights at the southwestern tip, and White Bear Lake at the southeastern tip. Vadnais Lake watershed lies between the southern tips. Rice Creek runs down the left-hand bar of the "A". It is the major stream of the watershed, originating in Clear Lake in Forest Lake Township and flowing southwest a distance of 28 miles, gu-st through a chain of msny lakes in Columbus Township and Lino Lakes, then through the Twin Cities Army Ammunition Plant in Arden I-lills and Long Lake in New Brighton, and finally through Fridley to the 27 28 29 30 RCWD Article #1 Page 2 Mississippi River. The two m~in tributaries to Rice Creek are Hardwood Creek, which flows north from Rice Lake in Hugo, then west to Peltier Lake in Centerville, and Clearwater Creek which flows from Bald Eagle Lake to Peltier. These creeks drain the eastern portion of the District. In addition, there are numerous human-made drainage ditches that flow into the lakes and streAm.~ of the District. 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 The RCWD accomplishes its task of conserving and m~n~ging the waters of the watershed in several ways: (a) by requiring permits for development near lal~es, stresm~ ditches, wetlands, and floodplain to control the quantity and quality of stormwater runoff and to protect these waters from other negative impacts of development; by monitoring the waters of the district to determl-e whether they are improving or deteriorating and in what ways; (c) by requiring municipalities to develop and adopt local water resource m~nzo~ement that conform to the general district plan; (d) by performing special studies and remediation program~ or construction projects to address water q~mllty and flooding problems. The District obtains funds for the above activities by. levying taxes on properties in the District, by charging fees in connection with its permit programs, by obtaining grants from State and Federal agencies, and in some cases, through special assessments to benefited parties. 45 46 47 48 49 Public participation plays an important part in achieving the District's goals. The RCWD Board reviews register input from its Citizens Advisory committee, currently co-chsi~ed by Dave Sch~msnn of I-tugo and J.P. I-Iouchins of Lino Lakes. At the suggestion of and with the assistance of the Advisory Committee, the District will be periodically publishing articles on various water msnagement topics in this newspaper. 5O 51 52 We welcome your questions and suggestions. Please contact the District Office by phone at 483- 0634, or m~il at 3585 Lexington Avenue N, Suite 132, St. Paul, MN 55126-8016, Attention: Kate Drewry, District Administrator. 4 PROTECTING & MANAGING OUR WATER P~ESOURCES Article #2 in a Series brought to you by Rice Creek Watershed District Suburban Stormwater Runoff--Pollution Soup? 5 6 7 8 9 10 11 12 13 14 "Pure as the driven faire" Have you heard that phrase before? It reflects the perception that rainfall, even in this day of acid rain, is a reasonably pure sample of water. But what happens to that water purity when it falls on an urban or suburban area, and where does it event, rally end up, anyway? These are important questions to all area residents, because the answers have a profound impact on the q, mlity of our precious streams and lakes. When rainfall or melting snow come in contact with dry soil, most of it is absorbed into the ground. But if that ground is frozen or already waterlogged, the rain or snowmelt can flow overland- -a type of waterflow called stormwater runoff. Of course, in cities and suburbs, a lot of ground is also paved or covered with buildlnoos. Water cannot soak into these surfaces, and always forms stormwater runoff. 15 16 17 18 19 20 21 22 23 24 25 City engineers, have had many decades to address stormwater problems so that we are not waist-deep in runoff. In most suburbs and cities, a complex system of street gutters and drains, coupled with buried stormwater sewer systems, readily removes excess water from streets, parking lots, and yards. Us, rally these stormwater systems event,ally empty into a stresm~ river, or lake. A partio,lsr drop of rain, then, may fall on your house, run down your gutter into the driveway, run down the driveway to the curb and event-ally into a storm sewer, which it flows down until it comes to a natural water body (Rice Creek or White Bear Lake, for example). In a natural, undeveloped setting, rainfall and snowmelt runoff follow a different path. Most water, 90% in fact, percolates into the ground or evaporates into the air. A mere 10% of the precipitation that hits the earth roms off into streams and ponds. And when it does run off, it is cleansed by the natural vegetation on the ground or in the wetlands, which removes most pollutants. 26 27 28 29 RCWD Article #2 Page 2 In developed areas, 20% - 55% of precipitation becomes runoff and enters the stormwater system- Because more water runs off, more water enters the streams and lakes, and in a shorter amount of time. This can aggravate flooding problems downstream and reduce the amount of water percolating into groundwater aquifers. 30 31 32 33 34 Even worse, this ruuoE cau accumulate lots of pollutants. Paved surfaces (roads, parking lots, roots) contain vast amounts of mostly unseen pollution. Oil and gus from vehicles, sand and salt from winter road treatments, grass clippiugs and fertilizers from yard work, and even pet wastes, all can degrade water q,,~l{ty substantially. When runoff occurs, it brings all these pollutants along with it, and deposits them into our surface waters. 35 36 37 38 39 Each of these pollutants affects water q,,al{ty in different ways. Sand and other fine soil particles muddy water and carry other ponutants. Grass clippings and an{ms! wastes are concentrated sources of phosphorus and nitrogen, two common nutrients that cause algae blooms and dirty water. Petroleum distillates and salts dissolve in water and can m~ke it toxic for m~ny aquatic plant and an{m~! species. ,40 41 42 43 44 45 There are a number of ways that these pollutants can be el{m{n~ted or reduced in stormwater runoff. A very important component lies with each resident. Fertilizers should be applied very sparingly, carefully fonowing label specifications, and only when the ground is not frozen. For most situations a low- phosphorus fertilizer is preferable. Further, one should be careful not to apply fertilizers close to driveways, roads or watercourses, where heavy rain~ are likely to carry excess fertilizer into flowing water. 46 47 48 49 50 51 52 53 54 All grass clippings and other yard and pet wastes should be collected, bagged, and appropriately disposed of or composted. Leaving these wastes near paved surfaces increases the likelihood that they will be carried with runoff into surface waters, causing degradation of the lake or stream. Cities can help, too, by sweeping streets early in the spring, and reg~,l~dy through the s,,mmer. This removes excess sand, dirt, salt, and other petroleum wastes, and prevents them from being carried away in runoff. Further, cities can explore using less sand and salt in road treatments, where possible. It takes a conscious effort to realize that almost every storm drain we see along a street event,,slly empties into a local stream or lake. But when we remember that, we can see how our actions in our own yard and neighborhood are affecting lots of surface waters in our area. By being 55 56 RCWD Article #2 Page 3 aware, we can reduce the mount of pollution that gets into our surface waters, and preserve the purity of our lakes and stresm~ so we can enjoy them more fully. It's up to us ~ 57 58 59 Submitted by Tom Landwehr, Rice Creek Watershed District Advisory Committee Member Questions or comments? Contact RCWD District Office at 483-0634, Kate Drewry, Administrator. A:\NSPPRART.#02 PROTECTING AND MANAGING OUR WATER RESOURCES Article #3 in a Series brought to you by Rice Creek Watershed District 4 Aquascaping--Attractive and Functional Shoreline Managemenl. 8 9 10 11 12 When most Minnesotans envision their ideal lakeshore property, they see a rich green lawn stretching down to a strip of sandy beach extending into the open water. However, such beaches seldom occur naturally, and the creation of this type of shoreline is usually detrimental to water quality and the wildlife inhabitants of the lake. Aquascaping (landscaping along bodies of water including lakes, streams and wetlands) utilizes native plant species to create a more natural shoreline. A well-designed aquascape enhances the appearance of the shoreline and provides habitat for aquatic wildlife. In addition, it protects water quality by filtering out pollutants and sediment entering the lake and it substantially reduces the requirement for shoreline maintenance. 13 14 15 16 17 The appearance and accessibility of a body of water are important considerations for property owners, and an aquascape design should consider these requirements. The design should avoid blocking the view of the water, but rather should frame the view by having taller trees placed off to either side with shorter plants and bushes toward the center. A small section of the shoreline can also be maintained as an open beach for recreational purposes. 18 19 20 21 22 23 24 The proper selection of shoreline plants will provide significant wildlife habitat. People who live on bodies of water are frequently nature lovers, but they inadvertently destroy valuable wildlife habitat when they create open beaches. These narrow strips where water meets land are particularly rich in wildlife, but are becoming increasingly rare as waterfront property is developed for home sites. Native plant species will provide food and shelter for various types of wildlife including birds, butterflies, waterfowl £mh, reptiles, and amphibians. Plants can also be used to discourage unwanted species such as geese. If possible, one should attempt to mslntain natural vegetation along about 75 percent of the 25 26 RCWD Article #3 Page 2 shoreline frontage and to establish a.~one of undisturbed vegetation that extends 50 feet onto the land and 50 feet into the open water. 27 28 29 30 31 32 33 34 A strip of natural vegetation acts as a buffer that purifies water entering the lake. Although grassy lawns are not detrimental to water qusllty, lawn maintenance practices frequently lead to the -nlntentional introduction of grass clippings and lawn chemicals that contribute to water pollution and excessive algae. Rapid surface runoff that is concentrated into channels and gullies will also carry pollutants into the body of water. The ideal aquascape will distribute and slow the flow of water permitting removal of pollutants by settling and filtration as well as the uptake of excess nutrients by the shoreline plsnts. Shoreline erosion resulting from currents and wave action will also be greatly reduced by a strip of vegetation- 35 36 37 38 39 40 41 42 43 44 45 46 The first step in be~nning an aquascaping project is to consider specifics of the site such as the view to be maintained, recreational needs, and the slope of the bank A project can be undertaken in stages and started simply by leaving a 15- to 20-foot wide strip of unrnowed grass along the shoreline. This can gradually be replaced with native grasses, trees and shrubs. Native aquatic plants will also frequently return to a shoreline if they are not removed, and they can be supplemented with decorative aquatic species. Flowering species can be included to add color, and an especially attractive addition is a garden of flowering aquatic plants such as cardinsl flower, spotted jewelweed, and waterlilies. Native species of plants are recommended for shoreline landscaping. They will root better, grow better, are better adapted to the climate, and require less long-term rnsintenance than non-native species. In addition, some non-native plants may spread quickly and out-compete other plsnts, creating a nuisance. It is also illegal to plant some non-native species such as purple loosestrife and Eura.~i~n milt'oiL 47 48 49 50 51 52 53 54 Because many of the plants recommended for aq,,s.~aping are not available at local nurseries, the successful aquascaper must be more creative in the collection of plants. Many species can be collected from local wetlands or lakes, with the permi.~sion of the property owner. Some nurseries exist that specialize in native and aquatic species, but m~ny plants may have to be ordered by msil. A good source booklet for getting started with aquascaping is avsilsble from the Hennepin Conservation District. It is entitled Aquascaping, a Guide to Shoreline Landscaping by Carolyn J. Dindorf. The booklet provides basic informstion on techniques for planting and erosion control It also lists sources of suitable plants, landscape designers that specisli~.e in aquascaping, and additional RCWD Article #3 55 publications that may be helpful. 56 8572. Page 3 To obtain a copy, call the Hennepin Conservation District at 544- 57 58 Submitted by J. P. Houchins, Member, Rice Creek Watershed District Citizens Advisory Committee. 59 Questions or Comments? Contact RCWD District Office at 483-0634, Kate Drewry, 60 Administrator. 61 A:\NSPPRAR~T.#03 1 2 3 PROTEC'IXNG & MANAGING OUR WATER RESOURCES Article #4 in a Series brought to you by Rice Creek Watershed District 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Studies of Water Pollution are the First Step in Improved Water Q.allt¥ The Rice Creek Watershed District (RCWD) routinely carries out several types of water quality monitoring progr'ams. Streams and lakes are tested for water quality utilizing up to three distinct monitoring programs that examine the chemical, physical, or biological properties of the aquatic environment. The data that is collected can be compared to historical records and thus be used to suggest necessary remedial programs. Chemical testing involves examining bodies of water to determine their load of pollutants. Typically, the samples collected are analyzed for concentrations of phosphorus, chlorophyll a (a measure of algae production), and suspended solids. Physical monitoring of waters involves the measurement of certain parameters such as temperature and flow rates, water clarity, as well as the inspection of conditions such as shoreline erosion and development, drainage and runoff patterns, feeder tributaries, or construction that can influence lake and stream levels due to changes in drainage patterns and sediment depositiom Problems noted in physical monitoring are often the easiest to correct. The impact of pollution is most often felt because of its effect on the biology of the lake. Symptoms of problems include algal blooms, lakes choked with weeds, dead fish, and foul odors. While physical and chemical monitoring focuses on non-living indicators, biological monitoring deals with the measurement and evaluation of living organisms to determine the health of the "ecosystems" of lakes and streams. An ecosystem is a biological commulxity together with its physical environment considered as a unit. Living organisms serve as ideal health indicators because they integrate all the insults an ecosystem has felt. The types and numbers of organisms present reflect the lake or stream's condition and provide an inexpensive means of tracking the impacts of pollutants and habitat destructiom In streams and small shallow marshes, sampling is done by monitoring macroinvertebrates, which are bottom-dwelling aquatic animals that lack backbones and are large enough to be seen with 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 RCWD Article #4 Page 2 the naked eye. Many of these maeroinvertebrates are, in fact, immature forms of aquatic insects. This group also includes other spineless life forms, such as crayfish, sn~il.~ and worms. Most bodies of water contain some form of m~oinvertebrate life. Several characteristics of m~eroinvertebrates make them ideal indicators of water q~sl!ty. Unlil~e fish, msc,-oinvertebrates are relatively immobile. So, if bugs are absent from their norms! stomping grounds, it is likely that pollution drove them out and not simply that they got the urge to voluntarily relocate. In the final evaluation, a diverse community is a healthy community. In a healthy stream or lake there should be a b~lz,~ced population consisting of m~,~y different ~nds of organisms. Adverse chemical or physical changes that disrupt any part of the ecosystem often decrease community diversity. For example, excessive nutrients from anlm~l wastes or sewage may produce a superabundance ofjnst a few kinds of organisms rather than a normal b~l~nced community. A number of biological water q~!~!ity indices have also been developed, which incorporate factors such as the pollution tolerance of various species. Early stages of water pollution can also be detected through measurement of fish health and growth rates. Because fish are at the end of the aquatic food chain, their condition should reflect not only water q]mllty changes that affect them directly, but also those changes that affect their food supply. Like tree trunlr% fish?cales have annual growth rings that reflect their growth history and therefore provide a long-term record of past conditions in the lake. The pattern of the growth rings can reveal the effects of short-term disturbances that might be mi.~sed by periodic physical or chemical sampling. In addition, the fish condition index, a function of length to weight, is a good indicator of the fish's health: the heavier the fish for its length, the better the biological conditions of the lake. These are just some of the methods used to measure the health of lakes, streams, m~rshes, and rivers. Even though RCV~ and several other governmental agenc/es contin~mlly measure water q]mlity, mzny volunteer organi~.ations assist w/th monitoring efforts. Lake associations, educational groups, sportsm~n's clubs, and m~y more groups that are interested in water purity can pitch in to collect and evaluate ecological conditions. Submitted by Dick Jarosak, Member, RCWD Citizens' Advisory Committee. Questions or comments? Contact RCWD District Office at 483-0634, Kate Drewry, Administrator. 59 ~:\~s~v~.#o4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PROTECTING & MANAGING OUR WATER RESOURCES Article #5 in a Series brought to you by Rice Creek Watershed District Minnesota Wetland Conservation Act, When most people think of wetlands, they think of swampy, marshy areas complete with ducks and cattails. While those areas are indeed wetlands, many other wetlands look quite different and may even be completely dry for the majority of the year. Some wetlands support trees and shrubs and some may even be farmed. A wetland is defined by three criteria: 1. it must have mostly hydric soils; 2. it must be generally inundated or saturated within a few inches of the surface; and 3. it must support a prevalence of vegetation adapted to wet soil conditions. Rice Creek Watershed District (RCWD), the local soil and water conservation district, or a private consultant can help you determine if an area is a wetland. Throughout most of our history wetlands were considered wasted space and were drained and idled to permit development and crop production. In Minnesota, an estimated 11 million acres of wetland area have been lost over the last hundred years, leaving about 7.5 million acres. This represents a 60 percent loss of the wetland area that existed prior to European settlement. Far from being useless, wetlands provide many important benefits which have only become apparent as wetland numbers have dwindled. These benefits can include: o storage area for excess water during times of flooding o filtering of sediments and nutrients before they enter lakes, rivers and streams o fmh and wildlife habitat o public recreation o commercial uses. 24 25 26 27 Recognizing the important benefits of wetlands, the Minnesota Legislature in 1991 enacted the Wetland Conservation Act (WCA), which aims for no-net-loss of wetlands. The law regulates draining and filling of wetlands and, if wetland loss is unavoidable, requires replacement. It is one of the most comprehensive state wetland protection laws and has been used as a model for other states. 28 29 30 RCWD Article #5 Page 2 Because local officials generally have a good grasp of community needs and values, the WCA gives administrative authority for the Act to local governments. The RCVMD admini.~ters the Act for the area within its boundaries. 31 32 33 34 Some activities are exempt from WCA. Many of these exemptions are agricultural, related, although some relate to development, road construction and forestry. RCWD staffcan help determine if a wetland is exempt and may also issue a Certificate of Exemption to help the applicant answer any questions about the area's exempt status. 35 36 37 38 The WCA prohibits draining or ~11ing wetlands unless applicants can demonstrate that they have thoroughly considered all possible alternatives to disturbing a wetland. To ensure that this is done, applicants must be able to demonstrate that they have followed the "avoid, minimi~.e, and replace" sequence provided in the law. 39 40 AVOID: Have options been considered which would entirely avoid disturbing the wetland? For example, could a driveway be routed around a wetland, rather than through it? 41 42 43 MINIMIZE: Have options been considered which would reduce the impact on the wetland? For e~mple, could the driveway be routed so that only a small amount of wetland area must be filled, rather than the entire area? 44 45 46 47 48 49 50 51 REPLACE: After it has been determined that there is no reasonable way to avoid affecting the ~wetland, and the plan has been re-worked to minirni~.e and reduce the impact on the wetland to the greatest extent possible, replacement of the wetland is required for the project to proceed. Replacement plans will only be considered after the applicant demonstrates that attempts to avoid the wetland and minirni~.e the impact have been made. If a project is NOT exempt from the WCA, and avoidance is not possible, the applicant needs to develop a replacement plan~ This plan should be done in coordination with the RCWD, which will also need to ultlm~tely approve the plan~ 52 53 54 55 Depending upon the county and the land use, wetland replacement may be required at a 2-1 ratio (two acres of wetland must be restored or created for each acre lost) or a 1-1 ratio (one acre of wetland restored or created for each acre lost). Wetland replacement may exceed these minimum ratios if the replacement wetland differs s'~rgnificantly from the disturbed wetland. 56 57 58 59 60 RCWD Article #5 Page 3 Although wetland replacement at or near the project site is generally preferable, wetland banking may be an option in cases in which project-specific replacement is not possible. Wetland banking involves buying wetland "credits" that represent wetlands that were previously created or restored by someone else. The RCWD office can provide you with information regarc[ing wetland banking options. 61 62 63 64 The WCA is enforced by Department of Natural Resources (DNR) conservation officers, who have the authority to issue "cease-and-desist orders" to stop work on a project, replacement orders to require replacement of lost wetland area, and restoration orders requiring that the disturbed wetland be restored. Violation of an order is a misdemeanor. 65 66 67 68 69 70 71 72 73 74 75 76 77 78 ADVICE TO PROJECT PROPOSERS o BEGIN EARLY]. Visit or call the RCWD office as soon ~s you begin to consider a project. It is not realistic to expect to start the permitting process one week and begin work on a project the next week, o BEFORE you purch~e property for development, consider the existence of any wetlands and weigh the environmental impact and finsncial cost of disturbing those areas against the project's benefits. o If you proceed with a project, determine where the wetlands are and design your project accordingly. Design with nature. o Thoroughly consider, document and justify the alternatives you have considered to avoid wetland impacts. o Consider the concerns of the public and the project's neighbors and inform them early in the process. o Provide truthful, accurate and complete descriptions of all relevant project components. 79 80 81 Questions or comments? 82 Admirfistrator. Adapted from: Minnesota Board of Water & Soil Resources Publication "Minnesota Wetland Conservation Act." Contact RCWD District Office at 483-0634, Kate Drewry, 83 A:~NSPPRART.#05 a$$ociat[.on of metropolitan munici'palitiee June 22, 1995 Dear Manager/Administrator: Many critical issues affecting metropolitan cities will probably be dealt with in the 1996 Legislative session. Talk of property tax reform and elimination of or reductions in LGA/HACA and removal of education financing from local property taxes could be a major issue. Lack of adequate transportation/transit funding has reached a critical point. Land use controls, regional blueprint implementation and modifications to the cost allocation system for the regional wastewater treatment system could be on the front burner as well. We need your views and input on these and other important issues as well to help shape and establish legislative policy and direction for the Association of Metropolitan Municipalities for the 1996 session. To provide a forum for this input and discussion, we are holding our 10th annual series of Outreach Breakfast meetings for you and other city officials. The breakfast meeting for your area is scheduled for Tuesday July 11 at 7:30 a.m., in the Minneapolis Room of the Ramada Inn (formerly McGuire's) in Arden Hills. The Ramada is located on the northwest comer of County Road E about one-half mile south of the Interstate 694 and Lexington Avenue interchange. Your input on these issues is crucial and we invite you to review the enclosed Issues paper to help focus your thinking. This will be an informal gathering and we look for a good exchange of ideas. This get-together can also be an avenue for you to tell ns what you'd like to see the AMM do more or less of in the way of member services and how we can build a bettg rapport between city officials/AMM and metro legislators. We hope you plan to attend your area breakfast by making reservations now. We would ask ~at managers and mayors make this information and invitation available to city council members and interested staff persons. As always, if you have any questions, please call the AMM office. PLEASE R.S.V.P. TO LAURIE AUDETYE, 490-3301 BY NOON FRIDAY, JULY 7. Sincerely, ~~'~~ ~nePsib~d21nt Minneapolis Councilmember Sue Hoyt AMM Board Member Falcon Heights Administrator / Jerry Linke AMM Board Member Mounds View Mayor 3490 lexington avenue north, sl. paul, minnesota 55126 (612) 490-3301 Issues for discussion 1. Property Tax Reform/I.~A-HACA For several years the Governor and Legislature have been discussing major changes in the property tax - local government funding system with the goal of providing more funding for · ducafion and property tax reduction. Just in this last session: - A property tax freeze passed the Senate - A constitutional amendment to eliminate school funding from local property taxes passed the House - Bills to e ilirninate city HACA were heard in committees of both houses - Major tax reform bills were heard in both houses The Governor and various commissions he has established during his tenure as governor have recommended total elimination or major reductions in LGA. The business community through its main associations (Minnesota Chamber, Business Partnership and the Minnesota Taxpayers Association) has tended to support the Governor's thrust. Now that the business community has accomplished major changes in workers compensation, its major legislative focus will be to reduce C/I property taxes. 1996 could well be a watershed year for property tax - local government funding modifications. Sweeping changes can be used as campaign rhetoric and the effects of such changes (some which may have negative political implications) would not be felt until after the 1996 election. Please think about how cities and the AMM can best position ourselves to be a meaningful participant during these discussions in the 1996 session. 2. Transportation/Transit Funding Something has to give and soon! Major highway projects state-wide and in the metro area such as 1-495, 1-35W and Hwy. 100 North have been shelved for the foreseeable future. Transit in thc metro area, both regular route and metro mobility, is being pared back. Many regular transit routes have been eliminated and many more are scheduled for elimination. There is even serious discussion of eliminating all regular route transit outside of the 1-494- 696 beltway. Fares will have to be raised which will lead to less bus ridership and more congestion on the main highways. Reduced public transportation could also negatively impact the region's efforts to provide more affordable housing in the developing suburbs since lower income people tend to be more public transit dependent. Again, please give some thought as to the role metro city officials and the AMM can play in trying to break the funding "log jam,' which has dominated discussions during the last three sessions. This disagreement between highway advocates (mainly rural) and transit advocates (mainly metro) has resulted in inadequate funding for both highways and transit. Everyone loses! 3. Land Use Regulation/Urban Service Area Expansion Land Use Regulation and development sprawl could also be issues during the 1996 session. Bills were introduced in the 1995 session that would have virtually frozen the MUSA line in its current configuration. Wh~e perhaps well intentioned, these bills provided no controls beyond the 7-counties and preventing growth within the meta'o area would almost surely lead to more development in adjacent Counties which would exacerbate the sprawl situation. ThC developers and realtors are also suggesting that unreasonable local controls are the major cause of increased housing costs in developing communities and are quietly suggesting more oversight of local land use regulatory authority at either the metro or state level. The Met Council is also sponsoring a study of the cost allocation system for the metropolitan wastewater treatment system which could lead to the remm of a sub-regional cost allocation system that could produce some tension. While somewhat indirect, there is a relationship between all these issues and concerns and they could "come together" at the Legislature. How should the AMM, with members on all sides of these issues, proceed policy wise for the 1996 session? League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 LEAGUE OF MINNESOTA CITIES POLICY COlVLM~TTEE SIGN-UP SHEET If you have the time and want to participate in establishing the legislative policies that guide League staff in their lobbying efforts (at both state and federal levels), we encourage you to indicate your willingness by filling in the necessary information where indicated. Policy committees are established for a two-year tenure, and although we are entering the second year of the committee process, we are inviting interested individuals to join committees for the 1996 policy development process. It is customary to have one voting representative per city on a policy committee and for that reason we have attached a copy of the current committee roster. If there is already a representative from your city, you may still participate in committee meetings and discussion to help formulate policy, but only one person per city will be permitted to vote on any committee business. Listed below are the League's policy committees, scheduled meeting dates and time, and the major issue areas that are covered by each committee: Improving l~scal Futures Wednesday--July 12, August 9, September 13--from 9:00 a.m. to 12:00 noon · Local Government Aid · Homestead Agricultural Credit Aid · Alternative Revenue Sources · Property Taxes Improving Local Economies Tuesday--July 11, August 8, September 12--from 9:00 a.m. to 12:00 noon · Growth Management and Annexation · Workers' Compensation · Telecommunications · Transportation · Housing · Tax Increment Financing Improving Service Delivery Thursday--July 13, August 10, September 14--from 9:00 a.m. to 12:00 noon · Unfunded Mandates · Personnel Issues · Elections · Government Innovation and Cooperation AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612,490-5600 1-800-925-1122 TDD(612)490-9038 Fax(612)490-0072 A fourth committee, Improving Community Life, prepared a policy statement that defines what makes a community livable and has evolved into an ongoing committee to identify other livability issues and make recommendations to the League's policy committees. The next meeting of the Improving Community Life Committee is on Monday, July 10, 1995, 9:00 a.m. to noon, at the League offices. Any and all interested parties are encouraged to talk to members of any of the committees, and/or staff, and to take part in the League's committee process. I would like to become a member of the: Improving Fiscal Futures Policy Committee Improving Local Economies Policy Committee Improving Service Delivery Policy Committee Improving Community Life Committee TITLE: CITY: ADDRESS: PHONE NO: FAX NO: ZIP: Mail (fax) to: Mary Diedrich League of Minnesota Cities 3490 Lexington Avenue North Shoreview, MN 55126 Phone: 612-490-5600 Fax: 612-490-0072 LEAGUE OF MINNESOTA CITIES POLICY COMMITFEE MEMBERS IMPROVING COMMUNITY LIFE Robert Benke, Mayor, New Brighton Jack Barlow, Councilmember, Lauderdale Jan Callison, Councilmember, Minnetonka Joan Campbell, Councilmember, Minneapolis Sharon Feess, Councilmember, Brooklyn Park Dorothy Fleming, Councilmember, St. Anthony Fran Hesch, Councilmember, Hopkins Elizabeth Kautz, Mayor, Bumsville Mac McBride, Finance Director, St. Louis Park Roberta Megard, Councilmember, St. Paul Nancy Mikitta, Council President, Red Wing Larry Nicholson, Councilmember, Moorhead Wayne Oak, Mayor, Sandstone Joy Robb, Mayor, Robbinsdale Jolie Sasseville, Public Info. Officer, Fergus Falls Betty Sindt, Councilmember, Lakeville Greg Sparks, City Administrator, Worthington IMPROVING FISCAL FUTURES Karen Anderson, Mayor, Minnetonka William Bassett, City Manager, Mankato Lynn Becklin, Councilmember, Cambridge Doug Bunkers, City Administrator, Luveme Edward Burrell, Finance Director, Roseville Gino Businaro, Finance Director, Mound Terry Dussault, Asst. to City Manager, Blaine Ray Faricy, IGR Director, St. Paul Dan Faust, Finance Director, Maplewood Steve Froehlich, Councilmember, Lauderdale Alvin Gmis, Councilmember, Rushmore Francis Hagen, City Manager, Robbinsdale Lyle Hanks, Mayor, St. Louis Park Terri Heaton, Deputy Dir. Admin. Services, Bloomington Susan Hoyt, City Administrator, Falcon Heights Greg Isaackson, Clerk-Admr.-Treas., Cottonwood Barbara Jeanetta, Asst. to City Manager, New Brighton Larry Jerviss, City Administrator, Houston Darrel Johnson, Director of Finance, Winona Jim Keinath, City Administrator, Circle Pines Diiane Knutson, Mayor, Fertile Sharon Legg, Finance Director, Coon Rapids Millie MacLeod, Councilmember, Moorhead Glenn McKee, Conncilmember, Bumsville Steven Mielke, City Manager, Hopkins Ed Mlynar, Mayor, Lester Prairie John Moir, City Finance Officer, Minneapolis Gary Neumann, Asst. City Administrator, Rochester Karl Nollenberger, Chief Administrative Officer, Duluth Steve Okins, Finance Director, Willmar Steve Perkins, Council Administrator, Red Wing John Remkus, Finance Director, West St. Paul Alcuin Ringsmuth, Mayor, Waite Park Mark Sievert, City Manager, St. James James Smith, Cnclmbr-Independence, Maple Plain David Stutelberg, Finance Dir./Treas., St. Peter David Urbia, City Administrator, Blue Earth Gene VanOverbeke, Finance Director-City Clerk, Eagan Dan Vogt, City Administrator, Brainerd IMPROVING LOCAL ECONOMIES Kevin Frazell, Chair, City Administrator, Cottage Grove Rosemary Given Amble, Vice Chair, Councilmember, Bemidji Chuck Armstrong, Intergovernmental Relations Asst., St. Paul Cathy Bennett, Economic Devel. Coord., Mounds View Jerry Bohnsack, City Admr./Clerk, New Prague Gerald Brevet, City Administrator, Staples Thomas Burt, City Administrator, Rosemoum Bonnie Carlson, Asst. City Manager, Prior Lake Romeo Cyr, Mayor, Red Wing James Daniels, Admr.-Lk MTKA Com. Comsn., Excelsior Dan Donahue, City Manager, New Hope Joe Enge, Councilmember, Brooklyn Park JoAnne Foust, Dir., Community Dev., St. Peter Brian Fritsinger, Community Devel. Dir., Arden Hills Jim Froehle, Public Info. Specialist, Fridley Matt Fulton, City Manager, New Brighton Tom Harmening, Community Devel. Dir., Hopkins Dick Hierstein, City Administrator, Owatonna OVER Jon Hohenstein, Asst. to Admr., Eagan Jim Hurm, City Admr/Clerk, Shorewood Matthew HYlen, City Administrator, Hector Ron Johnson, Admr-Clerk-Treas., Zumbrota Greg Konat, City. Manager, Burnsville - Richard Krier, City Planner-Greenfield, Minnetonka Michael Martin, Community Devel. Dir., Caledonia Jean McConnell, Councilmember, Rochester Charles Meyer, City Manager, St. Louis Park Robert Morgan, City Administrator, Young America Bruce. Nawrocki, Counciimember, Columbia Heights Bruce Peterson, Community Devel. Dir., Willmar Tim S.alazar, Mayor, Mianetrista .Steve Sarkozy, City Manager, Roseville Terry Schneider, Councilmember, Miunetonka Ryan Schroeder, City Administrator, Ramsey Doug Schulze,_City Administrator, Sandstone Robert Skillings, Councilmember, New Ulm Marsha Soucheray, Councilmember, Shoreview GinnySterling, Councilmember, Apple Valley Terry Stone, Mayor, Madelia Robert Therres, City Admr-Clk-Treas., Sartell William Thompson, Mayor, Coon Rapids Joy Tierney, Mayor, Plymouth Craig Waldron, City Admr/Clerk, Oakdale Tom Weaner, Atty--Rice, Richmond et al., St. 'Cloud Denny. Wilde, City Admr/EDA Dir., Mountain Lake Betty Zachmann, Clerk-Treasurer, Winsted Bob Zagaros, Councilmember, Robbinsdale IMPROVING SERVICE DELIVERY Michael McCauley, Chair, City Manager, Waseca Joyce TWistol, Vice Chair, Clerk/Personnel Dir., Blaine Neill Atkins, Councilmember, Duluth Richard Bradford, Admin. Supt., Hoyt Lakes Janel Bush, Federal Liaison, Minneapolis Ralph Campbell, Communications, Edina Francene Clark/Leisinger, City Clerk, Mound Patricia Crawford, Clerk-Treasurer, Motley Timothy Cruikshank, Asst. to Admr., Mounds View Jerry Dulgar, City Manager, Crystal Thomas Ferber, City Clerk, Richfield Kelly Frawley, Asst. Admr., Cottage Grove Theresa Goble, Deputy City Clerk, Brainerd Jean Gramling, Admin. Asst., Savage Ken Hammg, City Administrator, Bayport Les Heitke, Mayor, Willmar Sue Hess, C.ouncihnember, St. Cloud Marvin Johnson, Mayor-Independence, Maple Plain Mike Johnson, City Administrator, Marshall Daniel Jordet, City Administrator, St. Peter Laura Kushner, Asst. City Manager, Crystal Sharon Leintz, City Clerk, Maple Lake Ann Lenczewski, Councilmember, Bloomington Joe Lynch, City Administrator, Long Lake Cathy Magnus, Clerk/Admr., Slayton Myrna Malldmla, Ci[y Clerk, Brooklyn Park Molly O'Rourke, Ci[y Clerk, St. Paul DesYl Peterson, City Attorney, Miunetonka Charlotte Samuelson, Councilmember, New Brighton Dan Scott, City Manager, North St. Paul Jill Shorba, Human Resources Mgr., 'Burnsville Jeanette Sobania, Personnel Coordinator, . Plymouth Glenda Spiotta, Admr.--Sunfish Lake, Shakopee Jerry Splinter, City Manager, Brooklyn Center Blair Tremere, Mayor, Golden Valley Kurt Ulrich, City Ad. ministrator, Champlin Mark Voxland, Councihnember, Moorhead Liz Witt, Dep. Clk/Admin. Asst., Eagan Krista Witty, MVCOG Exec. Dir., Mankato Wally Wysopal, 'Asst. to MgrCPersonnel Ofcr., St. Louis Park OFFICIAL RAL~OT ~'DGE jUDGE SPECIAl. PRIMARY BALLOT ANOKA COUNTY JUNE 27, 1995 SAMPLE INSTRUCTIONS TO VOTERS MINNESOTA ELECTION LAW PERMITS YOU TO VOTE FOR THE CANDIDATE OF ONLY ONE I'OLmC~ l'AgrY ~ A SPECIAL PARTISAN PRIMARY. Completely fill in the oval O opposite the name of the candidate you wish to vote for. DO NOT VOTE FOR CANDIDATES OF MORE THAN ONE PARTY. DEMOCRATIC FARMER C) C) LABOR PARTY STATE OFFICE STATE REPRESENTATIVE DISTRICT To fill the vacancy in term expiring on January 6, 1997 VOTE FOR ONE SATVEER S. CHAUDHARY JAY KLAPHAKE C) C) INDEPENDENT REPUBLICAN PARTY STATE OFFICE STATE REPRF.$ENTATIVE DISTRICT To fill the vacancy in the term expir'in~ on January 6, 1997 VOTE FOR ONE SKIP CARLSON REGGIE MIRACLE INDEPENDENCE PARTY STATE OFFICE $'EATE REPRESENTATIVE DISTRICT To fill the vacancy in the term expiring on January 6, 1997 VOTE FOR ONE (~) BRUCE NAWROCKI F:'UI'II) I:;:IEC¢fl::' :: F:'t,,IN D I)Iii% C FL' Z F:"T' ill C)N :1.0 J. 2 () :L 2'102': 2". 0 :.':'~ :::':" :L ~'i'. :1. 7 () :L .,' ..::. (... 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AI...L.. ]BF.~I-II<S I) ]: S ]-i~ LJ F;.: S E: I"t F.: I-,I 'T' E; I. ].c)E L.F',oE. rlE.hll :, BRC I::'INAIqCIAL. SY,C.;"I"I:.:~M 06/2~-Z/95 .~4: 2 C he c I,.'. History 6 / 29 / 95 C 0 U N C I I... L I E;'I" CITY OF:' COI...UMBIA HEIGHTS GI..540R---V04.30 I::'~GE: 1 BAN I< Vli.r.N D OR CHIF.'C K NUMBE]:~ AMOUNT ]C..'I~I,IK CI..llii:C KING ~CCOUI,I'I" AARF:' ANOI(A COUNTY PROF'Iii:F::TY RE BI!:_'LL. BOY COI::.'PORAT I ON BliEI:~:[3F'OF:.:D TRUCK I NG BOYD HOI...I,~!;E]:;,' CANDY & TOBA COCA-COI...A BO'I"TL ][I',IG I'I]]DWliE COIqWEL. L./V I RG ]]N ]11 ~ JOI"INSOIq BI:;~O[~. L ]i [L~LJOR CO .. K OR T S / ~i~TliE V E N LEFIMANN F:'AF;:I"IS MEDICA CHOICE M~[NI'-IE,C~OTA A~I.J C/O M..Y.A, M]] N T E R- W E 18 M A N MN RE]CF;.:E]~TION & PARK I~IOFCTH STAI:~ ICE PETTY CA,~i;H .... GARY BRAATFZ F:'ETTY CASH - JANICF MCGH PETTY CASH - KARli!~hl MOEL. I_ F:'F;: I 0 RW I NE QUALE:/F(AIqDAI...L H QUAI...ITY WINE & SPIRITS SCHM I DT/W Z I...1_ I AM SCHNE I DER/DONAL. D S I... 0 W F:' I T C ~'1 M I N N E S 0 T A S'1" A R T R I B U N E S"I"ATE] BOARD OF' I~EI_.EC~TRICI U S WIEST CEL. L. UL:.AR WINE M['EF;:CHAhlTS YOI. JI~K3/KATHY ACE HARDWAI:(IE 53478 248.00 53479 30.66 53480 ]. 9.50 5348:1. 101 ,, 61 53482 17,721.08 53483 288 ,, 60 53484 369. ]. 5 53485 1 :, 827 ,, 70 53486 20.00 53487 636 ,, 50 53488 13, ].50.80 53489 31 ,, 67 53490 6,913.04 53491 1,718 ,, 42 53492 21,24 53493 25,446.3]. 53494 94.99 53495 43..46 53496 20,073.12 53497 744 ,, 00 53498 931.45 53499 6,124 ,, 00 53500 1,008.00 53501 547 ,, 25 53502 i , 559.92 53503 ]., 034.34 53504 98.76 53505 66 ,, 56 53506 87.74 53507 5,872 ,, 42 53508 60.7 53509 2,328.77 53510 576.59 5351. 1 53512 3,619.48 53513 :L3 .. 57 53514 84 ,. 17 53515 18 53516 35.53 53517 170 ,, 53518 1,807.50 53519 128 ,, 48 53520 200.00 53521 104 ,, 80 53522 5 ]... 00 53523 24 53525 314.22 [:: I'~ (-:.: c: I,.'. History 6/?9/95 C:OIJIqC I I... I...:I:ST B A N K V Ii: FI I) 0 R CHE:C K NUMB[!:R BAI',I I< CHlii:C I< :1:1,1[:-) ACC[]I...II,.I'I" A"I" & T AUTOMOT' :[ Viii: RE:F:' IIq :1: SH 'TE. CH BI!i]...I...BCIY BAI:~: SUF:'F:'I...Y Bli!ZI...t...BC)Y COI:~I::'OF~'AT:[(]Iq BOY:[) HOUSli!]:;: C:ANDY & "I"OBA lii:AS'l" Si[DE: BIEVI!i:F;.'.AGE CO Gtii:NL.l:l:l'-Ilii: F:'ARTS/I',IAPA AUTO (::Jl:~: I (:.)(:.)S.-..C':OOF:'E".F,.: & CO l.'lAt J[~i[!:S I'..'. A R"f' H iii I'-I F;,' iii C: H S/' I... 0 I..J I S I I:;: S JOHI'-ISOI'-I ]:-i;F;,*OS. I...t[i,~I. JOF;: CO,, ,1i' O1"1t"1S'1" O I"1 / J t...11',I j 0 I...I._ y,/' D O I'.h."-~l... D I< Iii: W A T T / J O A N I"1 I<LIEYTHliilF;,' D iti'.!'3'1", CO ,, L.Iii: H M AI',II"[ F:'AF.:MS M A G liil liil/" I... ii: Iq D A I"IAF;.:I< VI I I)IST,, I"1 i11DWli"_'ST BI. iS I t'-IESS F:'F;,'ODUCT I"! iii I"lll'-II'-Ilii:~i::O'i"A COMMEiI:;X:)E: Dlii:F:'AF;,' M I I',1'i" Iii: F;,'.-'. I,~,ltiil I S MAI'-I MI'.I MIJI'-I:Ii C I F:'AI... BliilVEiF;.'.A[i:.~Ii"' AS I'1 S F:' OF:'Iii;F;:AT I Iq[f) IEiIg[.") F:'H]iL.L. IPS WII".IEil & SF:'IF;.'.TS F:'F;.: iii OF;: W i[ [;:ll..JAI...ITY' WINEi & SF:']:RI"I"S RE:MO'I"Iiil I!ilI::'F:IiilCTS SYSTI!ilMS F;.:liilX :[) I S'i"F;.: I BI.J"I" 1 I'-113 CO SI[i')I"t I...AI'-IGI..JAGliil/,;.TZMMY I.. GO STAR 'i"F;: ]iBtJNEil St.JBLJF;.'.]';i':AI"I I:'dJ]BBlii]:;,' STAMF' TOP VAI...U CHAI',I[3E: F:'LJNO U [."; WI!~:,ST COMI'ILJI'-I:[CATIONS A F:' S C M Iii: AI'IOI<A COUNTY SO['_': ]: AI._ Slii:l;.:V BliilCl<[!il:;~ COUI',ITY CHII...I) SUF:'F:' DCA F:']:RS"f' COMMUI',IITY CRE:I) ]: '/" t.J GF;,:IiilAT 1,41ii:,"'3'1" LIF:'IiE & ANNLJ]:'I" iii CMA F;:E!i"I' I RliilMEiNT 'T'RI..IS'/" 4 5 Mli!iC:A S F'OF;.: T' S L,Jlii:A F;: M i1: C: I<: [i:l... ~ii; O I"1, '1'' R tJ S T [il E / J ,'.1 M i1: I"INliilSC]T-A MIJ TI. iAI... I... I F:'E MI',I S'Y'ATEi: F;,'Iiii'T'IF;,:E:ME;bI'T' SYST ...:~ ~:~-"~ (.~ 5353C) .... ~ ..... ~ 1 ,~,:~ 5,.~ 5 S '? %': ..... 53540 ._~...~ ,:, .~ .L ~...~ ._ q ...~ .... ~ ,.,44 ~,~ ~.-~ ..., 5";" ":46 53547 '"' ~: 4 ~ ':' '? 549 · _ -..) ..~ ..J ,.) 55557 53561 53568 53570 C I'T'Y OF' COI...IJMB :1: A I--Ilii: I (:-:;H"I"S GI...540F;,'-'V04.30 F:'AGE:: 2 A M O I..J I',1T ..... 46,. 51 "7,94,8 ,, 50 :L .1..'.'.4,800,67 .'1. , 602 ,, 44 , .I. 12'. 2()0 ,, C,O 7 .,, 784.36 :1 .... ~. 70 :3 :L 0 ,, 50 :1. 3 ',":. 00 40,3:30 ,, '7:3 :1. 57.03 :3:1. '"',, ,, 2. 3 37,968 '"'" 139 ,, 3.1. 40 ,, O0 10,534,,06 ?~36 ,, O0 1 ~:. 2'. 36 ~'75.0 () 11,6 r) .1. '''~'''' 65:1.. 01 6, ()00.00 q2,898.60 q ',.=,. 48 73.00 99 ,, 50 ~00.00 2,97TM ~4 854.0() :.379.00 214.20 .1., 902 ,, 70 1,604. O0 4 .,, 3'7q. 34 :.350.0 () 441 . 00 r~66. C.,() BRC F:' I lqA NC I AL S Y 8 TIE H 06/22/95 14: 2 Check N:i. story 6/29/95 []OUPlCII... I...IST (3 I'T'Y OF COI_LJI'qB :1: A HIE :1: (31"1]"`(~ GI...540R-'V04- 30 PAGE 3 BANK VENDOR CFIEC K NUMBER AMOUN'T' B A N K C H Iii: C lC I Pl ['.'} A C [:; 0 l..Jl,l'T' NOt:;~THEAST STATE BANK OL..,(.30 N / LIE 0 N A R D F:'A YF;:OI...I... ACCOUNT F:'EF;:A I:'l~i:F;.'A - DIEF ]: NED CONTR I BLJT F:'ERA - F:':I:RE FdEL Il'::= I::'IERA I... :[ I::'E ]:I',ISLJRAPI[:~.E I::'IERA POLICE RI!':LIEF CONSO F:'F;~U:DEPI'I" :[ Al... L. ]: FE I I',ISURANC F;.:AM`(.3DELL SCHOLAIT`(.3H I P F:'LJN SF:'OF;~T SLJF:'F:'I...Y GF;:OUP 8T~'TT=.: [.':,Al=. I T[3L [.':RED ]:'1- I. JN I UN 101',! 49 LJIg :I:'T'IED WAY A T & T COPISLJMER PRODL.ICT A[:;IE H~I:;.:DWAI:~:E ACT:: 01"1 ME,c:;81iH'-IGI~[R :, ]: NC AI...I... F:'IRIE TES'T' ]:PlC ~HER]:CAI"I I...IPlEI~I SUPF:'L.¥ A M Iii: R I C A NP H 0 T 0 C 0 P ¥ I Pt C ANCHOF~ F:'AF:'Ei:R ANO KA HF. PlI'-IEP ]:N 'I"ECH COI...L ASF:'IEI"I M]:I...I...S :, Il'lC ,, A`(.3SOC OF:' H]:I"IN EMER[3EPI[:~.Y ~'T'& T BAUER BLJ I LT T I F;.'.E ~: BATTE Blii:l:;~l',l ]: C K AND I... ]: F:'SON B ]: F:'F:' ' S :, ]: NC. C A D ]: L.I... ~ C F:'L A S T I C 8 CliH'I'I"~L 8TOF;~Ii:'8 COCA-'COL. A BOTTL. ING H]:]DWE [].F;.:ES'T' VIE. W LJ. JT'HEF~N HOME [:;SC C R ED I 'T' 8 E R V ]: C E S C U F;,' T :[ `(.3 I N).3 U`(.3 T R I E S I N C DOT¥ & F:'AC ]:L I TY SYSTEMS F:'L ITT I E/MARSFIAI...L CONCRE-I" F:'OCt.J8 t'IIEWSI='~PEI=,:S GI!!:PlUINE!: PARTS/PlAPA AUTO GOODIIq CO. HE :r. [.3HT8 EI...ECTR I C I PIE:. H[]L. I DAY STAT I(]lq ]: CMA :()I STR I BUT ]: [:)PI Cli.=.I-4TE:.R :I:NSTY F:'RINTS ]: F:'C F:'F;,' I NT ]: PIG 53574 35 :: 793 ,, 40 53575 145 ,, 43 53576 111 , 283 .. 94 53577 18,399 ,, 94 53578 94.62 53579 379.10 53580 150.00 5358:L 1,506 ,, 03 53582 794.52 53583 45.25 53584 5 :~ 265.82 53585 970 ,, 00 53586 540 ,, 00 53587 59 ,, 50 53589 47.82 53590 486 ,, 51 53591 10 . 80 53592 27.00 53593 84.47 53594 172.52 53595 407.34 53596 50 ,, 00 53597 63.74 53598 44., 10 53599 60 ,, 00 53600 202 ,. 19 53601 17.00 53602 :1. 50 ,, 93 53603 500.00 55604 57 ,, 26 53605 29.67 53606 14.55 53607 496.75 55608 10,613 ,. :L 0 53609 10.00 53610 9.67 53611 200.00 53612 .]. 1.08 53613 358.16 53614 387,, 10 53615 91.60 53616 ;L82 :, 71 536'1.7 117.15 536 :L 8 7 ,, 00 536.]. 9 69 ,, 5.0 55620 :L 42.72 5362.]. .].6,, 35 BF;'.C F"' I I,IANC I Al._ SYSTFZM o 6 ,/'? 7' ..," ':~ 5 .1. 4: 2 'q A f,I I< V Ii!: N ! ) 0 F;~ CI--IE:C K NLIMBE:R , q-,Il< [31'.llii:C K IIqG AC:COI..JlqT K MA F;,'T " ~ ........ ~-'- GZSVO t(AI... INA, W.[ I...1_,~, WOU].),.~, KliilL..L.'(' F:'R[.)MOT]:ONS K F;,' U S I!:/J 0 Iii: I...AI(E]...Af, ID FORD 1Ed t.K SAL..E I...Elii:F:' BF;X]S. I...OF;:lii:l',lZ BUS SE:RV :1: [::iii: I hlC .. · ,:)" . I, T,)L'JI::AI, I"IF:' :';A ( ........... < ..... Mlii:l',h:~d:;,*][:,S CASHI,,JAY I...t. MBER Mli!3"I:;:OF:'OI... I TAI'-I WAS'T'Ii': COI,IT'F;,' M:I:).':,I,,Jlii:ST BLISII',IIZSS F:'F;:OI)UCT M :1: NAR M :1: I',II-,I[i:AF:'[.)I... :1: S F:' I I-IAN[.:E: I)lii:P"l" M :1: I-tlqI~:AF:'OI....L S ,:~.~W C;O M:I:NhlE:SO"f'A C I TY/'CI-ITY' MGM'T' MIq L, I::.1... I... J I... ~-q", MN [.:HI [!:[:'~:; OF:' F:'OI...I[.::li!: ASSO ..:~AI-' I::. MI:I Dli:F:'T OF:' I::'IJBI...I[3 MI"-I [:,Ei]::'"[' [.)1::' F:'UBI...IC: SAF:'I~i:I'Y MO T 101"-I I::' :[ (:.'.']"l..Jl:~:l!!: I_ I CI!i]-IS :1:1,t[.') M"f I [:, I S"['I:;.: I BU'T I I"1 S I::' I'.! [] R "[' I"I Iii: A S "[' E R I-IOF;:THlii]:;:I-I AtRGAS N(]R]'Hlii:RI".I SRNI'TAF;:Y SLIF:'F:'L.Y' OI...SOI-I ' S F'L..UMB I NG F' A M [.] I I... I I',IC: I::' A I:~: I{ ti!I:;.:/'I::'A 1" :[ C I< I::'AI;.:]'S PI... US I--1-1 o.I.L) CON'T'F~"il. F:' I... E3'( :: H [:' F;' S I::'L. tJNI(ETT ' S Il-II:: F'MI C:Cff, ISTF~UC'T'IOI'-I CO I::'RO ,S"ILII:~CI!i: I::'ITI, Ilii:SS F'U][i4... I C:C~RI::' I I-lC'. Q U I N Iq /T A I'11'1Y I:;:A][)I 0 SHACK F;:I-ZI... I ABL_E] OF:'F:' I (:;iii: SIJF:'F:'I_Y I:;~]:TZ C~.~I"II::.I'~-- Clii:I',I'T'ER I:;,'OA):) F~LIT"['(3[i]:;~S BAY LAKE: ,SAIl,IT MAI;,'YS IJI,I::V E ;:SI'TY S]:GI,I ...Ad'-(.'.,UAL'.d:: ..... I.I. MMY L.. SIGI'I SOI...UTIONS:, Il,lC SOS OF:'F:'I(:;lii: F:URI, II"f'URIii: ST F:'AIJI... F' :1: OIqEl!i];: I::'l:;:lii:SS ~::, i--~ E. CIF:' M.I. blI',I--"L,I",~ F:'RCI[3RA C I '¥ Y 0 F' C 0 I._ U M ):'.'~ :1: A I'-I Iii: I G I-'1 '1" S GI...540R--VO4- 30 I::'AGEi: 4 ~M[]LJNT ~ ,:~6~:,:~ .1. :, ()3'/.~ 00 53624 1., 368 .. 74 "." "" .. 38 ,, 98 ,.,...-, 6.:. · ,~6,: A .1. 07,549., 03 .... ),.),.: 7 65 45 ~ 3628 484 ,. 00 ~ ..... '<" 402 72.'. ... ~..)~.),:. Y ,, 5363C) 5 J. 0."" _ _ ... , :~ ,),.>(., ,, :~363:1. '=,'?'':'":'"" O0 ..... ~..,.)~.. 18::"; 88 '.:'~36'7~3 66,. ':: '"". "", 3 .1. 6 .. 46 53634 ,. 6, 5363 =.~ :L 9 .. 00 ...... 7 ....(X) ~= '"~ 636 '" ':: '" ':' · ';"'".' 6 c, .:.~..:, ,~) ...:, 53638 1 '7.9:1. ,:-... .... .-o 20() O0 53640 63C) ,, O0 .:X'": 64.1. .1. 43. O0 c: -;-~ z z~ ".', ~:..I. ~:/., .... ~64. ~ ..:~ ,, 77 :'], ,, 38 t-'.:,36/.h<',~ 31 ,, C)C) 4 ,.,. 53,'!:,45 .... "?' ~:--:z/: ~ 31 74 53 6 4 '7 ,~ 3648 .q 31.8/--! 53649 :L = ,, 64 536 ~-', r~ ,--,--,.-, 53.6 ..... .:, .I. ,.~, o.1.©~, .. !=,0.. ,:.-,.-.-, ~;,...... '~"-' ' 'v'-' 166 ,. 94 ~ ,..:,~.:, ,....) . .. ~,60. ~:.~..) .... ~.~ 189 ,, 00 53657 :L, 7C, 5 .. 00 ..... ~6,.~1:~ I 37 :.~'" ':" ~'~ ,.~ '"~';.~ ? 32 ,, 4.1. 53660 28. ,:.'"'"'",:. F, 3662 80.0 () ~, 3663 64 !3 ,, 0() 53664 .1. C)6.50 .. . 2:1. 9 ,, 86 :~ 3665 8, ',':' 36 66 <:248 ,, 9:1. '~":' ~' .... 70~: :L ,.~ ...~ ,..~ 6 ,? .. ,:;,":' .' ~: "~ ".'i BRC FINANCIAL SYSTE. M 06/217./95 14:2 Check H:i. story 6/I'..'.9/9 5 COUIqC I I... I.. I ST CITY C)F:' CC)I._I. JMBIA I"Ili~:IGHTS GI...540R-V04,, 30 PA(31i!: 5 BAN K VENDOR CHF=':C K IqLJMBE:R AMOUNT BANK CHIE:CK]:I'I(3 ACCOI. JI,I'T' ,~i;TREICHE]:( GUN ' S ]:I-,IC/DOhl TAI. J]"GES ... F~I.=.':DI::'ATH :. & CO. , TCIWN & COI..JIq'I"F:,'Y OFF]:CE: CL. 'T'I:~:Iii:ADWAY GRAPHICS LJ S POS'¥MAE~]"ER UIq ]: F:'ORMS UNI_ It'1I TED :[ NC VIK:ENG ,SAF:'ETY PFi:ODLJC:TS LO W (31:~A:I:NGI~]':,' WAFid',I]:I'IG I...]:"f'lii:S OF:' M]:I',IN. ]: WATE:F~,' F:'I:~O W O 0 D L A K E Stq N :1: 'T'A R Y ,S E R V I C WI::~I:~: F:]qV ]: F;,'OtqMli~:lq TA-L ,SE]:~V :[ (:; WUR'T'H USA 53669 i ,056.43 53670 .l, 100.00 53671 1,251.38 53672 :L, 215.50 53673 32. O0 53674 426.72 53675 146.38 53676 19.24 53677 130.46 53678 3 16,00 53679 47,799.59 53680 223.80 53681 107.60 943 :, 383. i'.".'9 *** BF;.'.C F:"I: I',IANC I Al... SYSTE]"I 06/22/9D 14~ 22:23 Checl< History F:'l.J I'1D F:'t. Jl',l D F;:IECAF:': DtESCR '1: F:'T ]: ON 202 AI'-IOI<A COUI'-ITY CDBG 2:1.2 STA"f'IE AID MAIt',ITEI',IAN[]Ei 213 F:'AF<I<VIIEW V]]I...I...A SOI..J'FH 24.() I... I BRAIRY 411 CAF:'ITAL IMF'-C-)EI'-I C')OVT. )':'q...)}G 602 SIEWli!R LJT I L.. I TY 'T'I:]]"AL.. ALL l::'Ul,ID:ii} D I S B U R S E PI E I',1 "1" E; 26, '1.04 .. 2() 634.56 3.1.. OC) 9,594 ,, 88 40'1.., 42 ~:~ .--;, '::, 6 :L 5 ...... 500. OC:, ..... 50, 1. , .,:..I ...... '"' 8;.32 ,, ':;'9 .1. ,4;. :~ .- 2:1.1. t:./ q 12 .. :L ? .1. 0'2', 54 ;--" ,, 03 63 :, 1 ':;,;'2.'..': ,, 1-36 ,.,8 ~ ? 1 ,:.:,. 34 6 :, """; = 5() 2,9 53. !::,:'":; 3 ,, ':;) 42 ,, 23 7" 90.43 :L 8,8...,o ..... . 1 ? 6, .1. 1. 0., 5 C) 202 ,, 0.51.36 ':", '"' ..... ,,42. 943 :, 383 ,, 29 BANI< I:;~IECAI::': BAN I< I'-IAME BANI< CHECKING AC:C OLJI',IT TOTAl... AI...L BANI<S I) I SBURSEME;NTS 9'43,383.29 943 , 383 ,, 29 BFRC F:']ZNANCIAL. SY,S'T'I:_::H 06/22/95 14:2 [] he el,:. 14istory 6/29/95 CC)t..II',IC ]:1... I._ ]: S;"l" BANK VI!.r.N D 01:;~ CI--IIEC K I',ILJMBEF;~ !{{AIq K CHlli;C::KII',IG ACCC]UNT AAF;:.F:' AMIEF;,'I CAN L I I',IIL:;N SUI='F:'LY CO ANOI<:A CC)UNTY F:'RC)F:'I:=':F;~TY RE BEI_.I_.BOY BAR SUF'F:'I...Y Bti:'LI...BC)Y CORF:'C)F;~ATION )E~lii; R (3 F'OI:;.: D T R I..J C 141 big BOYD HOt..ISEF;: CANDY & TOBA []OCA.-COLA :BO'T'TLII'-1(3 Id];DWE C O Iq W ~i: I.. L/V :1; R G ]: 1'4 ]] A F:' ;I: F;.:ST MAIqAGIEMIEIqT SIEF;,'V :[ CIE GANZEF;,' D]:S'T', It*lC, [3L..IENWC}C)D :[I'.IC-)I..IEWOOD GR]:[3C~)S-'.CO[]F:'Ii!]:;,' & CO JOHl',l,c3OIq BF;.:OS, LI[;X..JOR CO. K 0 F ;.: T S / S T I!:.: V Iii: I',1 KIJE;THE]:;,' D ]: S"f' ,, CO ,, I...E]-.IMAhlI',I F:'ARMS MC:: K :[ Iql',lE Y/SCC]TT MElD:ICA CHO]:[:;lii: M];IqlqI.E,c.;OTA AAU C/O M,,Y,A, M ]: N T E R-W E: ]: S M A N MI',I DEI='T C]F' REUli~.I'.ILJlF MN RECF;,'EAT]:ON & F:'ARK ASS N S F' NORTH S]"AI:;,' ]: (.;Ii!: F'IEF:'S I-CC]I...A""7 UF:' F:'E:'I"'T'Y CASH .... GARY :SRAATE F:'IETTY CASH - JAN]:Cli"' MCGH F:'I!i:'T"T'Y []ASH-' KARlii:N MOEL. I... I::'I..I]:I...I...IF:'S WINE & SF'II:;.:TS F:'I...UI',IKlii:T'T' ' S :, ]:NC F:'OSTAGE BY F'HC]NIE SY,STEM I::'1:;~:1: OR W]:I',IE [;:IUAI...E/RANDALL 14 QUAL.]:TY WItqE & SF:']:RITS S C H L.. I!.": M Id E F;.t / 50 H Iq S C I--IM ]: D ]' / F;,' :1: C H A Fi D SCHM I DT/W ZI_I- I AM S C I"II"IE ]; '0 E R / D 0 N A I... D StEN I OR FUND-I<.AREN MOI':]I.J...E SI...O. kl F:'ITCH M]:NNE:SOTA STAF;,' TR I BUNli~. STA"f'E BC)AF;,'D OF' IEI...ECTR]:CI U ii; WFZST CEL. I...UI...AI~ W:I;I',IE ME;F,'CHANTS Y[]LJI',IG/I<A'f'HY ACE HARDWARE: 53478 53479 53480 53482. 53482 53483 53484 53485 53486 53487 53488 53489 53490 5349.1. 53492 53493 53494 53495 53496 53497 53498 53499 53500 53502. 53502 53503 53504 53505 53506 53507 53508 53509 535:1.0 5;55.1..1. 5352.2 5;3513 5352.4 5351.5 5352.6 53517 535.1.8 53519 53520 53521 53522 53523 53525 CITY OF:' COL. UMI-:~IA HEIGFITS [3L_540R-V04,,30 F:'AGIE .1. AHOtJNT 248,00 30.66 19.50 :LO:L, 62. .1.7,72:1.. 08 288., 60 369.2. 5 .1. :, 827 .. 70 20.00 636 ,, 50 2. 3,2. 50.80 3:L ,. 67 6,9:1.3.04 :l :, 7:1.8.42 2.1. ,, 24 25,446.. 3.1. 94.99 43.46 20 :, 073.12 744.00 932..45 6 :, :L 24 ,, 00 J., 008.00 547,,25 I, 559.92 1 :, 034 .. 34 98 ,, 76 66 ,, 56 87.74 5 :, 872.42 60.7J. 2,328.77 576.59 3,62.9.48 13.57 84. t7 18.71 35.53 170 ,, 00 .1., 807.50 200.00 :L 04 ,, (30 5]... 00 24 ,, ;I. 2 ;:';].4.22 Check Fli s'l:o ry 6,,";~it9/95 C:OI..JI',IC :1: I... I... :1: BAN I< V E]-.II)[]F;,' CI-.IE:C K NI...IHBE:R BANK CHECI<]I]I'.I[Ti ACCOLJI'.IT ]BE:L.~..BO"( BAR SUI::'F:'LY JOHNS[liN ]'.?,I;:OS ,, L.. ]Z [i~I. JOF;,' (~(i]. M A G El E!i/L. iii tq D A S"f' A F;.: 'T' R I B LJN E: TOP V~I '1 ...L CHANGE: F:'UN]') ANOI<:A COI.JN'I"Y ,SOCIAL ':~lii:RV F::I:RS'T' COHHUI'4I TY CRE:D I'1" LJ 53530 53536 53540 53547 53 !349 33564 5 3 5 6 8 5 3 5 7 0 C I'i"Y [:)1::' COI...I..JMB :1: A I-'llii: I ':it..l"f'E; GL. 540F;,'""V04.30 F'A(3tii: 2 AMOLJI',IT 5.30 602.4-4 iT: 00 ,, 00 784 ,, 36 310., 50 330,, 73 157 ,, 03 317.. 23 968 ,..:. 2 40 ,. 00 534., C, 6 ()00 ,, 00 73 .. 00 99 ,. 50 500.00 854.00 379 .. 00 214.20 902., 70 604 ,, 00 441., 00 866., 00 Check Fl:i. story 6/29/95 COUIgC II... LI ST CITY OF= C[Z_LJIqB:[A I--II.=::IGH]"'S Gl... 540R-V04.30 PAGE 3 BAN K VF.!:NDOR CHECK NUMBER AMOUN'T BAI,I K Cl--Ilii:C K I1,1[3 ACCOUI',IT NORTHEA,S'T STATE BANK 01... S C]I,I/I.. Ii-] [] Iq A I~:]~) F:' A Yt::.'.Ot., I.., A C[::OI..JI',I'i- I::' I.:] I:b-'.] I:'I~i:RA - DEF ]:I,IE]D COI',ITR I BI..J]- F:'lii]:;,'A '-- F:' I RE RI!El... I Iii]= F:'I!~:RA t...:l:l::'li~: It'ISt..JRAN[]:E F:'Iii]:L'A F:'OI...:[ Cl.=_ F,'.lii].. II:T.F CC]IqSO F:'I:;,'UDEI, I.1" ]: Al... 1... :1: F:'E ]: I',ISLJRANC F:.:AMS]}Ii~].Z. SCHOI...AF;,',~i~H :[ F' I::'1...11'~1 ,SF:'OI:~"I"SL.IF:'F:'I...¥ GFL'OUP ,S'I"ATlii: CAF' I TOL CF.,'ED ]:'1- I. Jlg I UN:I: 01',t 49 UNITED WAY A 'T' ~.~: '1.' CONSUMER F:'F~OI)UCT ACE I"h-$. I:;'.D W A F;~E ACTIOI"I MESSlii:NGER, ]:IGC ALI... F:'II:~E TEST :[I'IC AMEER ]~ CAI'I I...I t'lEIg SLJPF:'I...Y CO AMlii:RICAN F:'I-4OTOCOF:'Y ]:lq[:: AN[:;HOF:,' F:'Al::'lii:l:~ Al'lO KA I"lENIgF']:':l:lq Tlii:CH COI...I... AFL'AMAR K ASF:'Ii~:Iq M ]:LLS :, IIgC ,, ASSOC OF' M]:NN EMlii]::,'GE:NCY AT& '¥' AWWA/F:'I"IWS BAUER BU I LT T I I:;,'lii: 8: BATTE BERN]:CK AND I...I F:'SON B I F:'F:' ' S .,, ZNC ,, C A D ]~ L 1... A C F' L A S'1'' I E: S CEI'ITRAL_ STOI:~IiES C 0 C A-' C O L A B O 'T"i" L. I N G M I D W E CRF::S'T V:EEW I...UTI'~EF(AIq HOME [:;SC CF;,'ED:I: T SERV I C.'.ES CUF;,'TIS ]:NDUSTRZES INC DOTY & SONS F:'AC ~1~ L ]~ T¥ SY$ TI!.']'IS F:T..:E TT ~ E/HARSFIALI... CONCRET F:'O[;US NEWSF:'APlii]:(S [3EIqU:[NE F'AF;,'TS/NAF:'A AU'1''O GOODIIq [:[3. Hi!i:I[3HTS ELI'ZCTR]:C ]:NC. HOL. ZDAY ,STAT I OIq ]:CMA D I STR I BUT ]~ ON CENTER I Ig.'.BTY F'F;,' ]~ IgTS I F:"C F:'F;,' I NT ]: NG 53574 35,793.40 53575 145,,43 53576 11 '1., 283 ,, 94 53577 18,399.94 53578 94.62 53579 379 ,, 10 53580 150. O0 53581 1,506,,03 53582 794.52 53583 45 ,, 25 53584 5.265.82 53585 970 ,, 00 53586 540 ,, 00 53587 59 ,, 50 53589 47.82 53590 486.51 53591 10.80 53592 27 ,, 00 53593 84.47 53594 172 ,, 52 53595 407.34 53596 50 ,, 00 53597 63.74 53598 44.10 53599 60.00 53600 202 .. :L 9 5360:1. 17. O0 53602 :1. 50 ,, 93 53603 500.00 53604 57.26 53605 29 ,, 67 53606 14,, 55 53607 496.75 53608 10,6:1.3 ,. :LO 53609 10.00 53610 9,,67 53611 200.00 53612 1 :L ,, 08 53613 358.16 53614 387 ,, 10 536t 5 91.60 53616 182,,71 53617 117.15 536 :L 8 7 ,, 00 536:1. 9 69 ,, 50 53620 142.72 53621 16 ,, 35 Check H'kstc, ry ~,.' .c. ;'/ ? COUI'.ICII... I...I`<i~"l" B A N K V Ii!: bi I) 0 F;,' CI--IEi:C K NL.II'qI-.'cE:F;: J..... 4t,I I., (3Hlii:C I< :1:1,1(3 AC:COUI'..I'i" K MART KAl... :1: IqA, W :1: I...LS, W 00 D`<:~, [31SVO Klii:l..L.'~" t::'RCff'IOT ]: Of,IS I< R U S I!i: / ./f C)Iii: I...AI,'.'.E:I...AN:D F:'C)RI) I'RIJCK `<i~AI...Ei: LIEE:t:= BF~:OS. I...OF;,'lii:l',lZ BL.IS SEi:F;:V:I:CIi: ]:blC.. 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JMB :1: A I--tlii: :[ GH"I" S GI...54C)R-'V04- 30 PAGE: 4 AMOLJNT ,. ~6~:.~:. 39.98 53627 ~5,,45 's ..... ~" 402 72 53630 510.0 ,:., 5363:1. 57,530., O0 53632 183.88 ,:", ..... ':"." 66 '::'"' 53634 56~316., 46 ,., 6...>o 7,.,'::, O0 ,:' "-~ "',"'"' 6 C. ':: 53638 J. 7.9:1. :~.3639 2()() ,, O0 53640 630 ,, O0 :~3641 143.00 :: 3./. 42 21 .. 56 53644 31 .. O0 4 '~ ,, ~ ~ ..... >o'4,., 31 . 7q 53647 6 '"'"'" ':: 50 ...... >6 4o 431 ,,84 53649 :L 5 ,, 64 .... >6 ..,4 4, ~,60.2'.0 53655 91 ,,30 53656 189. O0 5.~6~ ? 32 53660 28,22 ~ .~661 .... ~6~,:. 80. O0 53664 106,50 53667 706 .. :L 8 53668 350.00 BRC I= I IqAI'IC I Al... ,c.';YSTIEM 06/22/95 14: 2 Check H:i. s'l:o ry 6/29/95 C~OUI,ICII.,. I.,,IST C Z T Y (3 F:' (3 O1_ U M B I A HIE I G H T S (31... 540R'"'V04 ,. 30 F:'AGIE 5 BAN K VENDOR CHIEC K I,IUMBIEI:~ AMOUNT BAN K CI..IIEC K:t:1,1[:'.I ACCOI. JI,I'T' ,<i;TRIE I [:)l"lE]:;~ GI..Jt',I ' S I I',IC/i)ON TALJTGIES :, FUEDI='A'I"H :, & CO .. , '1"OWN & COI..Jt'I]"RY OF'F'ICE Cl... TI:;~IEAI)WAY GRAI='H:[CS I.J S I::'OSTMA,~!~;TE:R I..Jl'l I F:'ORMS LJNL :[ M :[ TIED I NC' V].I<:EN[3 ,SAI::'ETY F:'F;.:ODLJC~TS W W GF;.:A]]'~IGIEF~ WAF~:I',III, I(:'.I t...]:'T'IE,'='~ OF:' H]:I"IN. I,,JA'T'IEF~ F:'RO WOOI)L. AKIE SAN]:TARY ,SIERV]:C WI:~R F. NV ]:F;;ONME]qTAL SIEF;:V:[ C I,,.JI..JR T H USA 53669 1,056.43 53670 .1. :, 100., 00 53671 1,251.38 5::~672 1,215 ,. 50 53673 32.00 53674 426 ,, 72 53675 146 ,, 38 53676 19 ,, 24 53677 130.46 53678 3.1.6 ,, 00 53679 47,799.59 5~':~ 680 i".'.23 ,, 80 53681 107.60 943 :, 383 ,. 29